Legislative Aide, Town of Brookhaven Attorney's Office Respond to Residents' Concerns

Several residents in a Ronkonkoma neighborhood resisting the Long Island Power Authority's on a transmission tower near the intersection of Bay Avenue and 11th Street, received a response Tuesday morning from a legislative aide that the Town's law department would, according to aide Anthony Powell, "take a comprehensive look into the T-Mobile application." 

Powell, an aide for Brookhaven Town Councilman Tim Mazzei, had been corresponding with residents Jamie Mare, Kim Johnson and Lake Ronkonkoma Civic Organization board member Gregg Freedner via e-mail concerning the issue. 

Also to that end, an attached response was included in Tuesday's correspondence from the office of Robert F. Quinlan, the Town's Attorney, explaining the Town's position. 

"Pursuant to the requirements of [Town of Brookhaven Code] §85-456 and the preference expressed by the Town for modifications to existing tower structures rather than installation of new towers, there is no requirement that T-Mobile Northeast comply with the provisions of Town Code §85-457 requiring a special permit to be issued by the Board of Zoning Appeals," the attachment concluded. "If it was a new tower, then such a hearing would have been required."

According to §85-456 of the Code, also included in the attachment, discusses "permitted uses and uses subject to administrative approval." Sections 85-452 through 462 of the Town Code, contained under Article XXXVIII, pertain to wireless communication towers and antennas. Citing this part of the Code, the office argued that this instance is not being regarded as an application for a new cell tower.

According to §85-452 of the Code outlined "legislative intent" in this area, and made clear the Town's desire to use "existing towers and antennas to the extent possible" in order to avoid greater impact on communities.

"This is a 'co-location' on an existing tower, the type encouraged by the Town," the attachment read.

Addressing the resident's point that a hearing before the Board of Zoning Appeals for a special permit should have been required (as per §85-457 of the Code, according to the attachment), the office's attachment stated that after discussing the matter with the Planning and Building Departments, that section did not apply in this instance. The office referred the residents to §85-456, which "allows for an administrative approval by the Commissioner of the Planning Department, or his or her designee, as well as the Building Department." 

Acknowledging that there was some confusion among the residents as to LIPA's relationship with T-Mobile regarding the proposed antenna, and that LIPA's status as a "municipal entity" exempts it from full compliance with the Town code, the attachment stated that "...LIPA has an internal policy which they are following in this application, as they do in every similar application. That internal policy requires that any partnering entity, such as T-Mobile Northeast, comply with all local procedures before LIPA will allow such a partnering."

Therefore, the attachment continued, LIPA made compliance with the Town code, and the Town's subsequent issuance of "the necessary building permits" for the antenna, a condition of its deal with T-Mobile.

Freedner said he reached out to the Building Department to inspect the work site for code violations. Quinlan's office and LIPA have yet to comment further on this development.

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T-Mobile issued a statement regarding the proposed antenna, which appears below in its entirety. Responding statements, made by residents Kim Johnson and Jamie Mare, follow thereafter.

T-Mobile's Statement:

T-Mobile knows the importance of keeping people connected and throughout Long Island, people are relying more than ever before on wireless service.
One in four households nationwide are dependent on wireless phones inside their homes, and the majority of 9-1-1 calls are made from wireless phones.

This wireless broadband equipment will reside atop and next to a replacement transmission tower. This installation is consistent with the town's policy to
utilize existing or replacement structures for telecommunications equipment. T-Mobile is in full and complete compliance with all provisions of the Brookhaven town code.

It is our sincere belief that the proposed equipment for the transmission tower balances the needs of wireless users and the concerns of residents, many of
whom are wireless customers today.  Moreover, we apologize for any inconvenience the construction process has caused residents and will work to address their concerns going forward.

Mare's Statement:

While T-Mobile may like to say that they are in full compliance with Brookhaven town codes, and used those codes to sneak their way into a residential neighborhood, their BLATANT disregard for the safety of the children of this neighborhood and the ones using the bus stop on 11th and Bay is disturbing at best.

They are truly lucky that, to date, none of them have been hurt. Their workers that have shown great disrespect to this neighborhood: Starting before hours, working past hours (under the guise of being a utility), blocking up the streets while they take their breakfast orders, and giving residents of this neighborhood the finger when they are beeped at for blocking the street. 

If T-Mobile was interested in the feelings of the residents of this neighborhood, they would make sure that the integrity of the bus stop is protected at all times, that their workers show the utmost respect for the residents. If T-Mobile was truly a company of integrity, then this would never have been done in a residential neighborhood, but in the substation 2 blocks away, surrounded by commercial property. 

Lastly, with two other towers going up a few miles away, I really question how many of these T-Mobile really needs and would love to see the Gap reports showing the need for yet another tower!

Johnson's statement:

T-Mobile, you stated you were going to address the concerns of this community, and to date we have not heard from you.  I would really like to know how you are going to make sure the value of my home is not going to decrease after the installation of this "new" tower and antenna? 

How are you possibly going to make this "new" tower and antenna look like it belongs in this residential area 20 feet or so from my home?  Are you going to guarantee, and if so, I would like the documentation proving beyond a doubt that this antenna will pose no threat, sickness or disease to my 5-year-old son?

If you are going to guarantee it, please put that in writing.  I would like a copy of the report that this is the best possible location because lack of service, i.e., dropped calls, weak signals, and so forth, that this antenna needs to be placed  in the middle of a quiet community surrounded by homes, schools, church, parks and directly over a bus stop.

My town, the Town of Brookhaven, states that this is a joint effort between your company (T-Mobile) and LIPA.  And that you are using federal laws that tie their hands, they (Town of Brookhaven) have no say, only T-Mobile and LIPA do.  If you want, I will forward the Town's attorney letter to you.  This is just a few of this communities' concerns.

Thank you - I look forward to your reply on this most serious matter.