Hempstead bill offers tough measures on cell towers

HEMPSTEAD Town leaders have unveiled legislation they say would be among the toughest in the country to govern where wireless carriers can put new cell towers and antennas.

The proposal would require wireless companies to demonstrate that a new installation is necessary because of gaps in service. It would encourage them to locate towers and antennas at existing wireless facilities on public land and prohibit new structures within 1,500 feet of homes and schools.

"Hempstead Town will now have the most aggressive tools at its disposal in dealing with telecommunications giants," Supervisor Kate Murray said.

Murray made her remarks Tuesday in Franklin Square near a site where the town blocked a proposed tower in September 2008. Margaret Smith, who lives a block away and opposed the tower, said she was pleased that Hempstead is getting tougher with wireless companies.

"Sometimes you feel they are not listening to the individual," said Smith, 62. "And when you hear they are working on it, you are thrilled."

But T-Mobile isn't. In early August, the town put the company's plans for three new wireless projects in limbo when it declared a moratorium on such applications until oversight legislation is in place.

"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," T-Mobile regional external affairs manager Jane Builder said in a statement.

The proposal comes as community opponents across Long Island have become more vocal about their concerns: visual clutter, the effect on property values and that research on potential health impacts is inconclusive.

"I think that if the Town of Hempstead is successful with this, other towns across Long Island will follow suit," said Jeanine Boiko, 38, who has fought T-Mobile's plan to put wireless transmitters, hidden inside faux chimneys, on the roof of the Farmingdale Wantagh Jewish Center. "This is going to set a nice precedent for other municipalities."

The proposed measure is meant to encourage companies to share or co-locate new antennas on existing cell towers while discouraging new stand-alone construction. It would establish a priority order, from most preferred to least, for new equipment, with residential areas being least favored.

When a new tower is proposed, companies would have to hoist a large, brightly colored balloon to illustrate the visual impact of the tower.

The 1,500-foot restriction would apply to new towers or antennas near homes, houses of worship, day care centers or schools.

Richard Comi, a consultant Hempstead retained to help develop the new rules, will examine future applications from wireless companies. Comi said no other municipality on the Island has legislation comparable to what Hempstead has proposed, which is among the toughest such measures in the country.

The Hempstead Town Board is expected to vote on the new legislation Sept. 21.