By DEBBIE ROSEN
Change of use sparks debate over tower
A second hearing by the Town of Hempstead Zoning Board of Appeals on a 225-foot tower in Oceanside ended without a decision when it was revealed that the owners and purpose of the tower had changed since a height variance was first granted in 1995. In postponing its decision, the board cited a need for more information after residents showed photographs indicating several cellular antennae hanging on the structure.
The original variance for the tower at the south end of Oceanside Road was granted to MMR Trucking, which used the structure as a radio tower, and paperwork provided to the board still listed its primary use as "in conjunction with [a] trucking business."
"At the time the renewal was applied for, it was still a trucking business, and it was not until much later on [MMR Trucking] closed down and [the tower] switched to cellular users," William Cohen, attorney for tower owner SBA Towers, said after the hearing. "Besides, the renewal is for the height of the tower. What does it matter what it's being used for?"
Oceanside residents, who hired their own lawyer to fight the renewal, think the tower's use raises several concerns. They are worried about emissions from the antennae and the possible impact on property values the tower's continued presence could have.
They also contend that parts from several of the antennae already extend above the 225-foot variance.
"We have to see what's legal there and what's not legal," said the residents' attorney, Wayne Edwards. "This is just a renewal, and they have to decide if there is the need for a new full hearing, because there is a substantial change of circumstances here."
Mr. Cohen said the pieces of the antennae exceeding the 225- foot tower height are "whips," or long, thin appendages.
Zoning board members also questioned whether the company had a permit for all of the antennae. They asked SBA to provide information about how many antennae there are and if permits have been obtained for every company renting space.
At the hearing, Mr. Cohen provided studies indicating the antennae and tower were in full compliance with FCC regulations and reminded residents that the tower is in an industrial zone.
Arnie Preminger, executive vice president of the South Shore Y JCC, which is near the tower, is also interested in the results of the hearing. "We are not looking to deny any legitimate business owner the right to own a business," said Mr. Preminger. "I called SBA Towers in Florida after the 'Y' was not notified for the first hearing and requested we be notified for the second one. We were not, and that sends up a semi-red flag. I'm not assuming anything, and if all this is allowable by law, this will be a non-issue," he said.
Mr. Edwards pointed to the town's moratorium on the building of new cell towers in residential areas as part of his arguments against the renewal. The ban will expire on October 11.
A Cell Tower Task Force formed in March of this year to monitor and make recommendations regarding the location of cellular telephone towers within the Hempstead township expects to make its report to Supervisor Richard Guardino next month.
Chaired by Hempstead Town Attorney Joseph Ra and consisting of local civic and business leaders, the task force called for the moratorium on cell tower construction, pending the completion of a town-wide survey of existing towers.
Edward Grilli, who sits on the task force, recommended Oceansiders attend the next hearing before the Board of Zoning Appeals. "While the possible health-risk issue has been taken away from us by our Congress, it seems to me a 225-foot tall tower would have a problem aesthetically speaking," said Mr. Grilli.
The next hearing on the renewal has not been set.
