Bayport Fire District, considering 14-story communications tower, catches static from neighbors

The Bayport Fire District is weighing whether to install a 152-foot-tall communications tower next to a residential neighborhood, a move Islip Town contends is not in line with the law and one that has sparked backlash from scores of nearby residents worried about their property values.

Fire district secretary Steve Saper said the project could combat dead zones and prevent tax hikes that he said would be needed to replace the firehouse’s aging radio antenna, which would be placed atop the new cell tower free of charge.

The fire district held a hearing Jan. 5 to consider the idea. It would involve a deal to lease a portion of the fire district’s property to Elite LI Towers LLC, which would build the 14-story tower and charge cell providers like AT&T a fee to use it.

But the district would first have to override Islip Town’s ban on new cell towers within 500 feet of homes because the firehouse is surrounded by a residential neighborhood on three sides. Some of those homes are well within the 500-foot limit.

Denise Harenberg, whose home is within 500 feet of the firehouse’s property, accused fire district commissioners at the hearing of trying to skirt town regulations in a way that would decrease her property’s value and the quality of life.

“This is what I might have to look at for the rest of my life …. nobody would want that in their backyard,” she said at the hearing. “This is what you want to do to us? Without even having the town involved? Honestly, it’s disgraceful and you should all be ashamed.”

Legal precedent in play?

The Bayport Fire District is relying on a legal precedent in New York State called the Monroe Balancing Test to approve the tower. It allows government entities to exempt projects from local zoning if it's decided that the project’s public benefit outweighs other considerations.

Islip Deputy Town Attorney Jordan Lite wrote in a letter to the district that the test does not apply to the fire district.

Attorney Andrew Campanelli, who’s advocating on behalf of Harenberg and 70 other nearby homeowners opposing the project, echoed that point in his own letter.

He argued the balancing test applies only to municipalities such as Islip Town, where, he said, Zoning Board of Appeals members are trained to weigh exemptions. He also contends the fire district lacks the know-how to make that call.

The district is "not trained to know it,” he said. “These site developers go to fire districts, throw money on the table and tell them they can determine that the tower is exempt from the local zoning code. You can’t do that. It’s ridiculous.”

Elite Towers’ attorney, Robert Gaudioso, did not comment on Islip Town’s letter or Campanelli’s argument about the tower’s legality. In a statement on behalf of his client, he wrote that “the project is critical for emergency service communications in the area.”

Report cites coverage gap

A report by DBM Engineering PC that was submitted by Elite Towers to the fire district stated that “all commercial wireless providers currently have a significant gap in their wireless coverage in the Bayport area.”

Saper, the fire district’s secretary, said the cell tower is the most cost-effective way to replace the district’s radio antenna, which is currently “not functioning properly.”

“It’s deteriorating on the top, the wiring and everything is starting to fray. So, we’re getting static [and it’s] causing radio interruptions,” he told Newsday, adding that the department dispatches “a total of about 7,000 calls a year” through that tower. 

Saper said the district would have to pay out of pocket to replace the radio tower and parts of the roof. He said, “we would have to definitely raise taxes if we were doing it on our own.”

“You’re talking about almost $1 million to get it up and running where it’s not costing us anything now if they build it,” he said, explaining the district would be able to mount a new radio tower atop Elite Towers' pole for free.

The fire district’s board did not make a decision at the Jan. 5 hearingabout whether to approve the tower. They agreed to keep the record open for public comment for 30 days.

By Sam Kmack

sam.kmack@newsday.com

Sam Kmack covers the Town of Islip for Newsday. He is a graduate of the University of Southern California and previously worked as a city watchdog reporter in the Phoenix metro area, as well as an investigative journalist at the Arizona Center for Investigative Reporting.