HUDSON — Verizon Wireless and the city of Hudson agreed to terms that will settle a lawsuit filed in July by the communications giant.
Verizon and the city agreed to delete a condition included in the planning board’s resolution that had committed to bar other wireless providers from locating at 119 Columbia St. for 20 years. It also amends another condition, stating that “it is acknowledged and understood by all parties that a modification in the technology employed at the Property which changes the service from 4G to 5G does not require approval by the Planning Board as long as any new or modified antennas continue to be screened by the approved stealth concealment panels. Any modification which includes antennas that will not be screened by the stealth concealment panels and are visually discernible require an amended site plan approval from the Planning Board,” according to the settlement.
The city does not have to return escrow fees to Verizon, according to the agreement.
“The city will not ask for any more escrow fees, nor will we have to refund those escrow fees,” Common Council President Tom DePietro said.
The agreement also requires the Planning Board to approve the final plan for the concealment of the equipment, including materials and dimensions, within 30 days of submission by Verizon.
Verizon filed the lawsuit in U.S. District Court for the Northern District of New York.
The board approved the application from Bell Atlantic Mobile Systems LLC, doing business as Verizon Wireless, for a special use permit to install six antennas atop Providence Hall in a 5-2 vote June 23. Several conditions were attached to the approval.
The Common Council had approved $15,000 to come from the city’s fund balance to hire a firm to defend the plaintiffs named in the Verizon lawsuit.
Verizon applied to the city planning board in August 2020 to install telecommunications antennas and equipment on the roof of 119 Columbia St., according to the settlement.
According to the stipulation and order of settlement, “the Parties desire to resolve the pending action (“Action”) without the need for further litigation and without any admission as to the merits of the respective Parties’ positions in this litigation.”
The Common Council also voted to introduce a resolution authorizing the mayor to enter into the agreement Monday.