By:Doug Miller
On Oct. 21, for the third time, the Zoning Board of Appeals adjourned a requested hearing on a proposal to allow a Cingular Wireless (nee AT&T Wireless) cellular tower at 801-805 W. Beech St., home of, among other things, Debi's Deli. The reason for the dispute is not clear, but the city has made no secret of the fact that it would rather put the tower on public property - and therefore collect the windfall rent such equipment brings.
The possibilities include the West End firehouse on West Park Avenue, at Indiana Avenue, and the bus turn-around on West Beech Street, between Nevada and Ohio avenues. Either would adequately serve the West End and up to three cellular telephone companies.
The city does not have the right to keep the towers out completely, although the ZBA rejected an application by T-Mobile last spring to build a tower at West Beech and Florida, due to fire concerns. The federal Telecommunications Act of 1996 grants utility status to cell-phone companies, and grants their equipment the same protections that water towers, sewer caps and telephone poles enjoy. In other words, aesthetics and perceptions of dangers posed by such structures can not be considered in discussions of where to place them, although residents were adamant that the T-Mobile tower was too close to the playground on Georgia Avenue.
T-Mobile is appealing in federal court.
Such complaints would likely resurface should the city opt for the firehouse option, since it is across the street from the West School and its playground. But acting city manager Charles Theofan, who is also the city's corporation counsel and attorney to the ZBA, said safety concerns were not relevant. "There are people that might feel that these [cellular] waves are detrimental," Theofan said on Tuesday. "But the science that's accepted by the courts reflects the position that these are not harmful. And everyone wants excellent cell phone reception, but nobody wants to live next door to an antenna."
The city has told T-Mobile and Cingular that locations will be made available to them, Theofan said.
There are advantages for the city to placing the poles on city-owned property, not least of which is the rent, which can run as high as $80,000 per year for a fully deployed tower. Theofan said that if a tower were installed atop the firehouse, he would consider earmarking part of the rent for firehouse renovations.
He added that he would be meeting Wednesday with Nassau County Legislator Denise Ford, a West End resident, and Kathi Slattery, president of the West End Neighbors' Association, to discuss this and several other issues.
"There are advantages and disadvantages to both sites, and safety will have to be the chief concern," said Ford.
Neighbors' dispute
About 20 people spoke for and against an application for variances filed by Gregory and Johanna Sofield at the ZBA last month. The couple's high-profile likely increased public interest in the case: Sofield is the brother of the City Council's vice president, Thomas Sofield Jr., and son of the city's acting police commissioner, Thomas Sofield Sr. Johanna Sofield is one of the more prolific fund-raisers in the city, heading a non-profit charity called Christmas Angels.
The Sofields have petitioned to tear down their home on a private stretch of West Bay Drive and replace it with a larger one, and they seek variances from zoning codes for, among other things, height, yard size and the size of the garage.
Several neighbors complained both about the size of the project and the likelihood that the ZBA's decision would be influenced by the Sofields' family connections. Several neighbors said that it was inappropriate for the acting police commissioner to attend the hearing, as his presence could "intimidate" witnesses.
People who spoke in favor of the project pointed out how heated the opposition had become, describing the distribution of petitions against the project at Long Beach's Irish Day parade and the circulation of leaflets.
Meanwhile, there was a separate debate between the Sofields and their neighbors concerning a gate the couple installed at the northern end of their stretch of West Bay Drive. The city has contended that since the road is private, they have the right to install the gate, and that garbage can be collected from the other end of the street.
A decision on the ZBA issue may be announced as early as the Nov. 18 meeting.
Comments about this story? DMiller@liherald.com or (516) 569-4000 ext. 213.
