Upon the following papers numbered 1 to 36 read on this motion to dismiss and motion to intervene;Notice of Motion/Order to Show Cause and supporting papers 1-9, 10-15, 20-27;Notice of Cross Motion and supporting papers _;Answering Affidavits and supporting papers 16-19, 28-32;Replying Affidavits and supporting papers 34-36;Other memorandum of law 33;it is,For a Judgment under Articles 78 and 30 of the Civil Practice Law and Rules and for Declaratory Judgment
*1 ORDERED that these motions are hereby consolidated for the purposes of this determination; and it is further ORDERED that the motion by the respondents/defendants for an Order dismissing the petition, pursuant to CPLR 3211(a) (2), (3), and (7), is denied; and it is furtherORDERED that the motion by the nonparty Headin East, Bub, LLC for an Order, pursuant to CPLR 1012, CPLR 1013 and CPLR 7802 (d), granting leave to intervene in this special proceeding is granted; and it is furtherORDERED that counsel for Headin East, Bub, LLC is directed to serve a copy of this Order with notice of entry upon all parties and the Clerk of the Court; and it is furtherORDERED that, upon receipt of a copy of this Order with notice of entry, the Clerk of the Court shall amend the caption to reflect “Headin East, Bub, LLC” as Intervenor-Respondent; and it is furtherORDERED that the respondents are directed to serve and file their answer to the petition, and to file any additional documents pursuant to CPLR 7804 (e), within twenty (20) days of service of a copy of this Order with notice of entry; and it is furtherORDERED that pursuant to CPLR 7804 (f), any party may re-notice this matter for hearing upon appropriate notice.The petitioner Springs Fire District (the “Fire District”) operates the Springs Fire Department out of its principal place of business located at 179 Fort Pond Boulevard, Springs, New York (the “premises”). It appears that the Fire District entered into a lease agreement with the petitioner Elite Towers, L.P. (“Elite”) whereby the parties agreed to construct a communications facility at the premises to improve the communications system of the fire department. On October 28, 2014, the petitioners submitted an application to the respondent Town of East Hampton, Building Department (the “Building Department”) for the construction of a new communications pole with antennas and an equipment area. The Building Department issued the subject building permit on November 5, 2014. On January 30, 2015, the Building Department issued a building permit to the petitioners’ wireless service provider to install antennas on the new communications pole pursuant to an application filed on November 24, 2014. On or about April 16, 2015, the petitioners commenced construction pursuant to the subject building permits.On or about May 22, 2015, the owner of property “in close proximity” to the premises, Headin East, Bub, LLC (“Headin East”), submitted an application to the Town of East Hampton Zoning Board of Appeals (the “ZBA”) seeking to revoke the subject building permits. Afer a pubic hearing, the ZBA voted to grant Headin East’s application on December 1, 2015. On December 8, 2015, the ZBA issued its written determination revoking the subject building permits (the “determination”).
