Town Attorney: No New Cell Towers to be Allowed Within 1,500 Feet of Homes

The Town of Hempstead will move to ban any new cell towers or antennas within 1,500 feet of homes under a new ordinance the town board is expected to adopt next month.

That was the news from Charles Kovit, the town's senior deputy attorney, last night at a community meeting at Wantagh High School that drew more than 200 attendees. 

"What we are doing is sending a message that you better not think of going into residential areas," Kovit said of the cellular providers.

Kovit said companies denied a permit from the town to install a tower will still be able to seek "relief" from the Board of Zoning Appeals, which could still be forced under federal law to approve the towers if the wireless company can prove there's nowhere else to put them.  

Monday night's meeting was hosted by the North Merrick Community Association and M.O.M.S. (Moms of Merrick & Bellmore Speak Out), along with County Legislator Dave Denenberg, D-Merrick, the Telecommunication Taskforce, the South Merrick Community Civic Association and the newly formed Wantagh Civic Association.

Sharon Curry, of M.O.M.S., said the issue was not whether cell antennas have been proved to be harmful, but whether they have been proved to be safe. 

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

Denenberg said he believed the town had the recourse to require NextG, which put up scores of antennas around town without notice or permits over the past year, to comply with the new town ordinance. 

Although many residents are now applauding the town for taking aggressive steps to fight cell antennas, Kovit said what's done is done when it comes to those antennas already in place near homes and schools. 

"Please don't think that we can take the ones that are there from before that comply with state and federal law...and now tell them all of sudden, oh now you have to leave," he said. "It's not something you should feel optimistic about." 

Andrew Campanelli, a Merrick resident and attorney who has been representing groups in their fights against cell towers, said he didn't understand why so many other countries have banned the towers from near homes and schools, but not the United States.

"The only way you can win is with numbers," Campanelli told the crowd gathered in the auditorium. "I don't play nice with wireless carriers. I threaten them. The only way I can threaten politicians is if I have people behind me. If you want to stop these towers, you need to get people talking about this."

Richard Comi, a consultant the town hired to help draft the new ordinance on cell equipment, had a seat on the panel Monday night, but was relatively quiet. 

While the new ordinance will at least attempt to keep towers away from homes, Kovit said he's not sure the town can apply the same pressure when it comes to keeping them away from schools.

"We'd love to do it, but I don't want to shoot myself in the foot," Kovit said, speaking of a federal rule that health concerns cannot be used as a reason to deny a cell tower permit. 

Kovit said he is still considering adding a clause relating to tower placement near schools if he can demonstrate how the towers affect property values.

"That is a very open question in the courts," he said.  

Stu Weinstein, vice-president of the North Bellmore Civic Association, said he was optimistic about the steps being taken to regulate cell equipment.

"This is just the tip of the iceberg," Weinstein said.  "More needs to be done, more information needs to be presented to the public." 

Weinstein also said he wished he had the chance to hear more from Kovit and Comi Monday night.

"I was frustrated because they kept getting cut off in mid-sentence," Weinstein said.

The town board is expected to adopt the code amendments at its Sept. 21.