Hempstead BZA Denies Subway Cell Antenna Application

The Town of Hempstead Board of Zoning Appeals (BZA) has denied a T-Mobile Northeast application to place cell phone antennas atop the roof of Subway, located at 3 Nassau Boulevard, at the corner of Cambridge Avenue in Garden City South.

The property, a mixed use residential/commercial building, sits adjacent to residential homes in the Village of Garden City on the southeast corner of Nassau Boulevard. Back in December, residents and store owners spoke out against the zoning application at a scheduled hearing.

BZA members said they considered the impact of the proposed antennas on local home values and neighborhood character and weighed evidence concerning the effect the antennas could have on residents who live less than 80 feet from the proposed site.

The board's opinion states, in part, that the applicant "lacked adequate evidence that a gap in cell service existed" and that the use of such antennas would "prevent the orderly and reasonable use of adjacent properties or of the properties in adjacent use districts.”

Nassau Boulevard landlords like Frank Cornetta and Jeanie Verdis, a former Garden City resident of 30 years who also owns of FOS Living, an eco salon spa store on Nassau Boulevard, believe cell phone antennas belong to industrial areas away from residential homes and small businesses.

"This is great news for our beautiful, historic neighborhood. We thank everybody for their support and I hope that our beautification efforts will continue," Verdis said.

Andrew Campanelli, who represented residents who opposed the application, said they are thrilled with the board's decision. "This serves as a reminder and wake up call that residents do have the power to oppose these applications," he told Patch this week.

Campanelli has handled more than 3,000 civil cases since beginning his legal career in 1992. He has been successful in opposing cell towers in Bellmore, Merrick, Wantagh and the Town of Hempstead, among other communities, and can represent property owners, civic associations and local governments who oppose applications for the "installation of cell towers and cell antennas, or who seek the removal of antennas which have already been installed."

Town officials said this case was among the "first major tests of a wireless communications expert recently retained by the town to offer expert testimony, and review data in an impartial manner in relation to cell tower/antenna application cases that come before the Board of Appeals."

This was also the second victory since town officials tapped national wireless communications expert Richard Comi to review wireless applications; the BZA recently denied a proposal to install cell antennas on the roof of a religious institution in Wantagh.

“It is evident that our telecommunications specialist offered expert testimony which yielded positive results. This was a true test of our actions to retain a consultant. It is not only great news for our neighbors in Garden City South and Garden City, but for all residents in Hempstead Town. The board’s decision was right on the merits and right for local neighbors," said supervisor Kate Murray.

"Preserving the suburban character of neighborhoods like Garden City South and Garden City and protecting area home values are issues that we take seriously in Hempstead Town. Indeed, these were the priorities that inspired us to hire a telecommunications expert and craft landmark legislation dealing with the placement of cell towers, antennas and other wireless equipment.”

A newly adopted Town of Hempstead zoning regulation prohibits cell phone towers within 1,500 feet of homes, schools, day care facilities and houses of worship. T-Mobile Northeast, however, submitted its application days before the new ordinance took effect in September 2010.

(Editor's Note: The Board of Appeals is a completely autonomous body of government separate and apart from Hempstead's Town Board.)