RSS 2.0 FeedAugust 12, 2010, Bellmore Life
Residents challenge town on cell towers
Residents rally at Town Hall.
Dozens of residents from Bellmore, Merrick and Wantagh attended the Town of Hempstead’s Town Hall meeting last week urging board members to take action to curb the tide of wireless equipment popping up on residential streets, near homes, schools and playgrounds.
Residents want a moratorium on applications for cell antenna installations, before the town’s zoning Board of Appeals, until the town has adopted code provisions to minimize the impact of wireless communication equipment in residential communities.
The Town of Hempstead recently hired Richard Comi, from the Center for Municipal Solutions, to help draft a new town code. Mr. Comi will work to make certain that new wireless communications equipment will be “sited in the least intrusive locations with the minimum possible degree of visual impact,” said a prepared statement from the town. The CMS will also explore whether adequate consideration of alternative wireless equipment locations has been undertaken by applicants.
“The proposed ordinance will impose new regulations and requirements upon telecommunication providers and support the consulting review and testimony that is being furnished by the Center for Municipal Solutions,” the statement added. While county Legislator David Denenberg, Democrat from Merrick, was pleased to hear the town was addressing a gap in its code, he urged the town to immediately adopt a formal resolution on the moratorium.
Hempstead Town Supervisor Kate Murray replied that the Town Board hopes to put the new ordinance into law after a hearing on September 21. “We looked at the BZA calendar to see if there are any other applications [pending] prior to [the] September 21 [hearing] and there are two cases – Bellmore and Garden City – on September 15.
The town attorney will ask for an adjournment until after the new ordinance is in place,” she said. “So, in effect you are having a moratorium. I still urge you to adopt it formally,” said Mr. Denenberg, who also suggested “the town provide residents an opportunity to comment on the proposed revisions and hold a Q and A with Richard Comi.” Deputy Town Attorney Charles Kovitt said he would make himself available to any community group that wanted to discuss the new ordinance, which is “almost ready.”
However, Supervisor Murray warned residents that “the cell companies may challenge these amendments.” Ms. Murray explained to residents that “we know we are whistling against the wind. The 1996 Telecommunications Law [a federal law] gives us very little authority...we are taking steps but [change] must be done in the halls of Congress. Every once in a while the zoning Board of Appeals denies the right [of a cell application] and dollars-to-doughnuts that decision is overturned by the [state] Supreme Court. It’s very frustrating to us.”
But Mr. Denenberg and Claudia Borecky, a member of the Telecommunications Taskforce, disagreed with Ms. Murray’s assessment. Legislator Denenberg said that although local municipalities could not cite health effects as a reason for denial, the law permitted the zoning board to examine dimunition of property values when erecting new wireless equipment. Ms. Borecky added, “Right now the Town of Hempstead doesn’t have any code in place to take control and that’s why [cell applicants won in Supreme Court]. Writing code can deal with gaps and help regulate new applications.”
Town Councilmen Tony Santino and Gary Hudes vehemently opposed that position. “It is practical law, and it’s denied every time,” said Councilman Santino. “It’s a federal problem,” said Councilman Hudes. They urged residents to contact their U.S. senators and the Long Island congressional delegation. “Great,” said Robert Macarusso, a North Bellmore resident. “I’m hearing you can do very little and that I must go to the federal level. I’ll be 80 years old by then. It’s scary. I’ve got small children.”
Other residents also weren’t buying it. “Can you help us here?” asked Linda Locke, of Wantagh, who wanted to know if the town board had written to federal officials urging for a change in the law. “I’ve had direct conversations with [Senator] Schumer’s office,” replied Ms. Murray. Pam Dempsey, a Wantagh resident who lives just 75 feet from the proposed T-Mobile project in Wantagh, declared, “It has to stop. I hear that this is a federal problem, but you are the people who represent us. The tide is changing, and stricter codes are being passed in other towns. I still have a great amount of hope in this.”
