By JOSEPH KELLARD
After three separate meetings starting in February, the board decided on August 7 that Nextel failed to adequately justify a need for building a base station on the roof of a three-story building. The building houses two floors of apartments and Ocean Chemist pharmacy on the corner of Long Beach Rd. and W. Windsor Pkwy.
The board's decision rested primarily on the testimony of Stephen Jean, a radio frequency engineer for Nextel, who argued that a gap in service or "spotty coverage" was discovered in September 2000 in an area surrounding the proposed site. Due to the "spotty coverage" there is "a great possibility that [Nextel's customers] will lose their calls," or be unable to make calls, and the antennas would correct these problems, Jean argued.
"I'm not 100 percent convinced that there is a real need for [this site]," Richard Bianculli, a zoning board member, told Jean during his testimony.
Following Bianculli's lead, the board decided, "The spotty coverage that might be experienced does not equate to the need that must be proven." It argued that Nextel produced no tests taken at any given time at any given location that would demonstrate a need for the proposed base station.
The board's decision continued, "Although Mr. Jean did not have knowledge of when complaints in service, if any, were first made, this Board finds that such information should have been presented, to justify a finding by this Board of 'need.'"
The board called for a testing of the allged spotty coverage area, wherein its own members with Nextel cell phones made and received calls from the area. No difficulties were encountered, the board concluded.
Additionally, the board's denial rested on Nextel's claim that alternative sites proposed by the opposition were "too low."
In March, representatives for Nextel met with Vicky Rosenberg, a civic activist working with the opposition, to discuss alternative sites in Oceanside that she had surveyed, including Nemo's, Walgreen's, Nathan's, the Triangle and industrial areas. Nextel concluded that each site was either inadequate in height or fell outside the area needed to cover the service gap.
The board found that sites deemed "too low" could be raised by various means and that Nextel provided no satisfactory explanation as to why alternate sites could not be utilized.
"I'm excited about the decisoin, but more excited by the fact that a group of Oceansiders got together with a purpose and worked hard and were able to keep these cell phone antennas out of our neighborhood," said Nassau County Legislator Jeff Toback (D-Oceanside). Toback acted as spokesperson for the opposition that consisting mostly of residents who live or work around the proposed site.
"I was elated with the decision but never dreamed the board would vote in our favor," said Jorge Winter, a pharmacist for 21 years at Ocean Chemist, who on being informed of Nextel's proposal notified people in Oceanside about it. "I called every elected official that I could call, and it seemed that everyone was afraid or couldn't do anything, and it gave me the impression that it was a political issue and they didn't want to get involved. Only Jeff Toback, from the beginning and all throughout, was able to help us. Without him, I don't think we would have won. And my customers, who are like family, rallied around me and helped me."
One of Winter's customers, Julie Taub, a 14-year realtor with Hal Knopf in Oceanside who promoted the opposition's cause and testified at the hearing, said, "I'm absolutely delighted that this went our way. We have enough going on in this community. We have the landfill, we have oil city, a couple of insignificant cell towers around Lawson Blvd. We really didn't need this in the middle of town."
"While the Nextel has a right to appeal, we can claim victory in the first battle of the war," Toback concluded.
Nextel did not to return a request for comment on the decision.
