As has been expressly stated by MTA/LIRR and by the Third Track Committee, the Village was not asked for permission beforehand. It is the legal position of the MTA/LIRR that they were not required to ask the Village to place the poles where they are or to get the Village's approval to use 60-foot or 90-foot or 120-foot high poles. It has stated in writing to us that although the Village was entitled to be notified of the design change to move poles to the south side of the tracks, "Village approval [of the relocation of the utility poles] is not required" because they are located within a LIRR right-of-way.
The Village is aware that two of the poles west of Nassau Boulevard encroach on Village land by about 7-10 inches.
The Village has virtually no permitting regulatory authority over the MTA/LIRR. MTA/LIRR land and projects, like most projects on school property and Nassau County government property, are not generally subject to our building codes or other Village law or regulation. We do not inspect or issue permits for this type of Third Track work.