By SARI ZEIDLER
The pole, owned by NextG Networks, a company that builds structures that "carry cellular, PCS, 3G or any combination of wireless frequencies," according to its Web site, was built without a permit.
Persons and her husband, Stephen, contacted the South Merrick Community Civic Association, Town of Hempstead Supervisor Kate Murray, Town of Hempstead Councilwoman Angie Cullin and state Sen. Charles Fuschillo Jr. It was determined that the marshland where the pole stood is county-owned, but the Town of Hempstead has the right of way. Because NextG Networks had never filed an application with the town for a permit to build the structure, town officials placed a stop-work order on the project, and the pole was removed on June 5.
"I have to tell you, I never realized how powerful one community could be," Melissa Persons said, noting that her neighbors and civic association members helped her efforts to have the pole removed. "I didn't know where to go or what to do, and my neighbors were there for me. It was a really good feeling."
Patrick Ryan, an attorney for NextG Networks, could not discuss how the pole came to be built without a permit or specific plans for the future, but said, "There's a number of sites the company has applied to in the Town [of Hempstead]."
Bill Fonda, a spokesman for the state Department of Environmental Conservation, said that NextG most likely would have had to file for a tidal wetlands permit to build at the Leeward Lane location.
Nassau County Legislator Dave Denenberg said at a press conference on Tuesday that two similar poles were erected on Seamans Neck Road in Seaford, and have not been removed. Denenberg also said that representatives of NextG Networks expressed to his office the intention to install 157 cell antennas on existing phone poles in the Town of Hempstead without building permits or variances. He called NextG's practices "an end run around the traditional tower without a public hearing," and said he is seeking an amendment to the U.S. Telecommunications Act of 1996, which limits arguments residents can make against cell phone antennas being built in communities where they live.
The pole controversy came after a number of Merokeans expressed outrage at the installation of Omnipoint antennas atop a Merrick Road office building, across the street from Levy-Lakeside Elementary School. Though the public was notified of plans to place the antennas, in accordance with state and Town of Hempstead laws, South Merrick Community Civic Association President Joe Baker said he hopes to work with the proper authorities to create greater public awareness of any plans for similar projects in the future.
Comments about this story? SZeidler@liherald.com or (516) 569-4000 ext. 236.
