UPDATE: Cell Tower Approved in North Bellmore

The Town of Hempstead Board of Zoning Appeals has approved the installation of a cell tower at the North Bellmore Fire District's maintenance facility. The cell tower will replace the 100-foot communication pole that was erected in 1999.

The current 100-foot monopole and antenna serves only the fire district for emergency signals and the law requires no variance.

While the Hempstead Town Board unanimously voted to pass legislation back in September that bans any new cell towers or antennas within 1,500 feet of homes, schools, daycare centers or houses of worship, the new restrictions do not apply to the approved cell tower because the application was in before the legislation was passed.

"This is another slap in the face," said Stan Furtak, a North Bellmore resident who lives within the vicinity of the facility. "Other communities got it stopped, but they seem to be drawing a line in North Bellmore for some reason. It's just going to cause me to go elsewhere, and I'd really like to stay here."

But North Bellmore Fire District Commissioner Peter Gibbons said he was interested in the best intentions of the community when the tower was propsed.

"I do understand their concerns and I feel for them, I do," said Gibbons of the people who are against the tower. "But in all honesty, looking at the big picture of this, we did the right thing for the residents of the North Bellmore Fire District because these are popping up all over."

Gibbons was concerned with the idea that if the tower wasn't installed at the fire district's facility, it would most likely end up somehwere else in the community.

He also referred to the fact that the new cell tower, along with the existing cell tower at North Bellmore's south station, will bring in close to $300,000 that will come directly off of the fire district's budget.

"The south tower brings in $140,000. The north tower is going to bring in $140,000," he said. "We're talking $280,000 a year in rental from the carriers."

Since they are a municipality, the fire district receives their budget through taxes collected from the town. Any income that the district brings in is subtracted from the budget; this translates to lower taxes for residents.

In its decision, the Board of Appeals acknowledged the opposition to the cell tower and stated that it was in an "unenviable position." The board's "position" mainly stems from the Telecommunications Act of 1996, which states that regulations by local government "shall not prohibit or have the effect of prohibiting the provision of personal wireless services."

The board stated in its decision that "if an applicant shows that the antenna is needed to provide service, a denial would effectively 'prohibit … the provision of personal wireless service,' in violation of Federal Law."

Since the new monopole would be used to provide service, the board would be unable to rule against it on those grounds.

Any health concerns are also rendered inconsequential under the same act.

Another problem for many communities not just on Long Island, but around the country, are the aesthetics of such a pole. However, due to the fact that an existing monopole is already located on the premises, the aesthetical value is also rendered inconsequential. The new monopole would only be slightly greater in circumference, which is not enough of an argument to completely rule against the installation.

According to the Board's decision: "Although slightly greater in circumference, this Board cannot lawfully find that this replacement monopole will somehow change the character of the neighborhood aesthetically or otherwise."

"Aesthetically, it's a plague on the neighborhood," Furtak said. "... It really amounts to when I want to go to sell my house that's now depreciated, what's going to happen is this tower is going to stop people from moving into the area and stop people from bringing their children into the schools."

Gibbons contends that the cell tower will look no different from the existing monopole because of the aesthetical concern.

"We were not doing a cell tower that looked like a cell tower," he said. "… We're not going to see a monstrosity with antennas hanging all over it. These are both existing towers."

The new monopole was applied for by T-Mobile, but the Board has stated that the grant of the application will encourage co-location or a "sharing" of the monopole as to "minimize the possibility of new cell facilities appearing in a place proximate to homes where there are none currently."

The Town of Hempstead issued the following statement in regards the cell tower's approval:

"The Board of Appeals considered the evidence presented and testimony offered in granting an application to replace an existing 100' high wireless telecommunications monopole with a new 100' high monopole on top of a municipal fire district facility."

"We continue to encourage residents to attend and participate in hearings that come before the Board of Appeals on wireless communication matters and other issues of concern. The input of neighbors is important in the decision making process of the Board of Appeals. The Board of Appeals is an independent governmental authority, distinct and separate from the town board on which Supervisor Murray and Councilman Hudes serve."