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March 24, 2011, Bellmore Life

North Bellmore cell tower proposal stopped

By Laura Schofer   Thu, Mar 24, 2011

Crown withdraws cell tower application.

The proposed 120-foot cell tower in North Bellmore that drew ire from area residents has been withdrawn by its developer, Crown Communications.
   
Jacqueline Phillips Murray, the attorney representing Crown Communications, wrote state Senator Charles J. Fuschillo Jr. a letter on March 18, stating that “based upon review of current user interest in the proposed facility, this conceptual proposal will not be further developed at this time.”
   
Crown Communications had planned to build a shared resource and public safety wireless telelcommunications facility at South Bismarck Avenue at Southern State Parkway and Bellmore Road in the middle of a residential neighborhood.
   
Even though residents complained of the tower’s unsightliness, as well as its intrusion in a residential neighborhood looming over residents’ yards and windows, the project was slated to be built on state property, making it exempt from local zoning ordinances.
   
Residents were also unhappy that the  state planned to clear a 50-by-65-foot wooded area along the parkway that would have also displaced wildlife. North Bellmore has no parks or open spaces to call its own and the wooded area creates a lovely berm along the parkway, they said.
   
“We caught a lucky break,” said state Assemblyman Tom McKevitt. “The people won. It’s a poor site, but this is the state and they are immune to local zoning.”   

“I am pleased to see that the North Bellmore community came together to oppose this development of this tower,” said Dev Shafeek, president of North Bellmore Residents Against the Cell Tower. “All too often, the level of information and communication is quite poor in opposition movements like these,”  he said.   
   
North Bellmore Residents Against the Cell Tower was founded last month after members learned about the proposal to build a fifth cell tower in the North Bellmore community, coupled with a concern that not everyone in North Bellmore was aware of the proposal.
   
Crown, which has a contract with the state, would have built the tower with revenue coming from private telecommunications providers.
   
Crown would have shared revenue with the state, and not the North Bellmore community. Two cell towers, both at North Bellmore firehouses, are paid for by the providers, saving the community thousands of dollars in taxes.
   
At a meeting of community residents last month at Mepham High School, Charles Kovit, Hempstead Town deputy senior attorney who represented the town and is author of the town’s recently enacted cell tower ordinance, suggested that many providers would sign up to be placed on Crown’s proposed cell tower because they would be able to circumvent the town ordinance.
   
“We are looking to prevent a situation such as this,” explained Assemblyman McKevitt, who, along with Senator Fuschillo, is working on legislation requiring the state to be subject to local zoning when it comes to the placement of cell towers.
   
“The court has ruled that the state is immune to local zoning and I can understand that if the tower were just being used for state communication. But once a private company comes along [and piggybacks on the state’s project], then the state should be subject to local zoning.”
   
While local activists were pleased with Crown’s decision to withdraw its project for the time being, there was also caution.
   
“There has been no statement by Crown that they will not do the project and we want to keep a close watch on future developments on that site,” said Linda Juergens, a founding member of NBRACT. “We will keep our Facebook page.”
   
“We are very excited about this decision,” said Mr. Shafeek, who thanked the community for its vigilance. He added that he, Lois Jonas, Linda Juergens, Mike Sperling and Therese Lucas “worked around the clock and [we are] now pleased to see that all the hard work has paid off. Although the Crown letter stated that the conceptual proposal will not be developed at this time, we will continue to remain vigilant in protecting this site,” he concluded.
   
Hempstead Supervisor Kate Murray and Town Councilmembers Angie Cullin and Gary Hudes signed a letter last August opposing the state site, and county Legislator Dave Denenberg sent a letter to the state declaring his opposition to the plan.

– Douglas Finlay contributed to this story

By Laura Schofer

Laura Schofer, staff writer for L&M Publications, has been recognized with several awards for many of her feature pieces published in Bellmore and Merrick Life, The Citizen and The Leader.

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