Hempstead Proposes New Cell Tower Legislation

With cell tower proposals in Wantagh and neighboring communities gaining opposition, the Town of Hempstead is taking action to try and minimize those erected in close proximity to residential properties.

A proposed new Hempstead ordinance announced Tuesday morning, which still needs to be approved by the Town Council, is aimed at making telecommunication companies "meet the highest standard of proof in establishing the need for cell towers." One feature of the proposed law would be not allowing cell towers or antennas within 1,500 feet of homes, houses of worship, day care centers and schools, unless the telecommunications provider can prove the need for such a facility in that location. The legislation would also require wireless companies to provide documentation that proves the need for a tower or antennae, such as service gaps in the area, and to present a checklist to determine whether existing cell phone sites could accommodate additional equipment.  

"Our proposal pushes the wireless communications industry to locate equipment at sites that minimize the negative aspects to our local communities," said Hempstead Town Supervisor Kate Murray during a press conference announcing the proposed law at the site of where a cell tower plan was defeated in Franklin Square two years ago. "We are really putting the telecommunications industry to the strictest test."

The law would impact all future cell tower applications in the Town of Hempstead as well as existing proposals scheduled to go before the BZA. This includes T-Mobile's proposal to install six antennas for cell towers on the roof of the Farmingdale-Wantagh Jewish Center, which is scheduled to go before the Hempstead BZA on Oct. 7.

Charles Kovit, senior deputy attorney for the Town of Hempstead, said T-Mobile has been in communication with him over the proposed law and he expects the wireless provider to be complying with the town's new standards for cell tower applications prior to the hearing in five weeks.

In response to Hempstead's proposed law T-Mobile spokeswoman Jane Builder issued a statement that reads in part, "Ordinances that make it unnecessarily difficult and time consuming for wireless companies to improve their networks will result in more dropped calls, slower data processing and weaker in-home coverage for families while reducing the competitive ability of local businesses."

Kovit first announced the Town of Hempstead's intention to adopt a new ordinance banning cell towers or antennas within 1,500 feet of residential areas during a community meeting at Wantagh High School on August 16 attended by over 200 people. The Hempstead Town Board is scheduled to vote on the proposed new law at its Sept. 21 meeting.

The Town of Hempstead also announced that it has tapped national wireless communications expert Richard Comi to review applications and provide objective testimony on cell phone tower applications that come before the BZA. Comi described Hempstead's proposed legislation as "the most aggressive available under the 1996 Telecommunications Act."