The Town of Hempstead will move to ban any new wireless equipment within 1,500 feet of homes ­– but not schools – under a new ordinance the town board is expected to adopt at a September 21 meeting at Hempstead Town Hall.

The statement came from Charles Kovit, the town’s senior deputy attorney, Monday night at the “Town of Hempstead Unite” meeting at the Wantagh High School auditorium. 

The gathering, which drew more than 200 attendees from various communities affected by recent and proposed wireless installations, was hosted by county Legislator David Denenberg, Democrat of Merrick, the  North Merrick Community Association,  Moms of Merrick and Bellmore Speak Out (M.O.M.S.), the Telecommunication Taskforce, the   South Merrick Community Civic Association and the Wantagh Civic Association.

“The question is not, have towers been proven harmful, rather, have towers been proven safe?” read a giant poster facing the audience from the auditorium’s stage. Another read, “Town of Hempstead unite – no cell towers by homes and schools.”

 

Inundating our area

“For the last 10 years cell antenna installations have been inundating our area, whether on roofs, on telephone poles or in front of houses,” said Legislator Denenberg, as he opened the meeting. “Everyone has a cell phone but doesn’t need a cell tower across from their house, just as everyone has electric lights but doesn’t live across the street from a power plant.”

The installations Mr. Denenberg referred to include, among others, 160 antennas on telephone poles in Merrick installed by NextG without notice or permits over the past year; a cell tower planned atop the North Merrick Public Library; nine wireless antennas on an office building at 1955 Merrick Road, across from an elementary school; six antennas atop the Farmingdale-Wantagh Jewish Center just steps from residences; and a cell tower at the North Bellmore Fire Department’s maintenance facility. 

Now, according to the M.O.M.S. group, NextG wants to access 298,000 LIPA poles in Nassau County to put up more cell antennas, with LIPA customers allegedly covering the costs of installation at $6,000 per pole.

Following an August 3 Town Hall meeting, in which dozens of area residents urged board members to curb the tide of wireless equipment popping up, there is a moratorium in place until the town adopts the revised code. 

At the Town Board meeting, Hempstead Town Supervisor  Kate Murray said that the federal   Telecommunications Act of 1996 limited the town’s ability to regulate where cell equipment can be placed.

The Telecommunications Act of 1996 also restricts governments from citing health concerns to deny siting of wireless infrastructure – although adverse health effects, including cancer, have been linked to wireless equipment.

However, according to Mr. Denenberg, the law does permit the town’s zoning board to consider certain issues such as necessity, aesthetics, diminution of property value and distance from schools.

 

Is there a cancer link?

Sharon Curry, representing M.O.M.S., noted that scientists, firefighters, PTAs and school boards recommend keeping antennas away from schools. The American Academy of Pediatrics has made correlations between living close to wireless antennas and childhood cancer. 

In Bayville, 50 antennas on a water tower next to a school have been blamed for 30% of the staff suffering from cancer, and five cases of children with leukemia, of whom three have died. The cancer rate in Bayville is said to be 392% higher than the national average.

With tears in her voice, Mrs. Curry feared for her own eight-year-old son’s life. “I woke up one day to find a cellular antenna steps from my backyard, turned toward my son’s bedroom,” she said.

“We need the installed antennas near our schools and homes to be removed,” Mrs. Curry said. “Not next year, not next week, not tomorrow, but now.”

 

Pure insanity!

“It is pure insanity!” exclaimed Pam Dempsey, of the Wantagh Civic Association, whose home sits 75 feet from the proposed antennas atop the Farmingdale-Wantagh Jewish Center. “It’s disgusting and devastating.” 

Mrs. Dempsey shunned T-Mobile’s position statement, that the Wantagh antennas were necessary to provide coverage so that children could be in touch with their parents, as “crap.”

“This is not need, it’s greed,” she said.

Mrs. Dempsey noted that many countries around the world have regulations banning cell tower construction within 1,500 feet of schools and residences. Ironically, Mrs. Dempsey explained, T-Mobile is a German-owned company and the 1,500-foot rule exists in Germany.

“How far we’ve come in the past two months,” she remarked, referring to meetings with local officials, petitions, and the sale of anti-cell tower lawn signs. “But there’s so much more that we can do.”

 

Strength in numbers

Andrew Campanelli, a Merrick resident and attorney who has represented residents in their fights with telecommunications companies, contended that the wireless companies “are exactly where the tobacco companies were years ago.

‘The cellular companies’ two greatest allies are apathy and misinformation,” said Mr. Campanelli, who is not being compensated for his representation. “You can fight the cell towers and win. We don’t have the money and I’m just one lawyer, but there is strength in numbers.”

Hempstead Town Attorney Charles Kovit said he hopes to soon have a draft of the town’s new ordinance to share with the civic associations for their review before the September 21 zoning Board of Appeals meeting. “The ordinance will be as aggressive as it can be,” Mr. Kovit said.

Mr. Kovit added, “If the wireless companies don’t convince us they have an actual need, they will get denied. Period. End of story.”

Though the ordinance would address new installations, Mr. Kovit was not overly positive when it came to getting rid of existing antennas and towers, near homes and schools. “I don’t want to give you false hope,” he said. “It’s not something you should feel optimistic about.” 

“Federal law still trumps Town of Hempstead law,” Mr. Kovit added.

Richard Comi, a consultant for the Center for Municipal Solutions, whom the Town of  Hempstead has hired to strengthen its municipal code regarding siting wireless equipment, noted that the town would look aggressively at the wireless companies’ proof of need versus want.

“I don’t buy the fact that the Telecommunications Act of 1996 is all-powerful. We need to work on a case-by-case basis,” said Mr. Campanelli, who suggested applying pressure at the state and federal levels, as well as organizing another meeting with a much larger contingent. 

A woman who introduced herself as Beverly, the mother of one of the leukemia survivors in Bayville, agreed with Mr. Campanelli. “In Bayville we struggled,” she said. “Needing the numbers is important.”

“We’re much farther along than we were a year ago,” said Claudia Borecky, president of the North Merrick Community Association, who looked forward to the town releasing the draft to the public. She urged community members to learn more about the issues online at dontcellout.com, northmerrickcivic.com and wantaghconcernedcitizens.com. The South Merrick Civic Association is also planning to meet with state Senator Charles Fuschillo Jr. in September.

Mark your calendars:

• September 15, at 2 p.m. Hemptead Town zoning Board of Appeals. T-Mobile hearing for North Bellmore fire house cell tower.  The town will ask for an adjournment until after the new cell ordinance is in place.
• September 21, at 10:30 a.m. Town Board hearing and vote on new town code.
• October 6, at 2 p.m. Town zoning Board of Appeals. T-Mobile hearing for Wantagh-Farmingdale Jewish Center cell tower.

By Debbie Kupperberg

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