Hempstead Town bans cell towers near homes

At a Town Hall meeting on Tuesday morning, the Town of Hempstead passed legislation that regulates where cell antennas and other wireless telecommunications equipment may be placed within the township.

The new ordinance has several provisions, including the banning of cell towers or antennas within 1,500 feet of homes, houses of worship, daycare centers or schools.

However, the new ordinance includes an exemption clause that allows existing cell towers or antennas that are now within 1,500 feet of homes, houses of worship, daycare centers or schools to remain where they are.

Many in attendance, including Nassau County Legislator Dave Denenberg, a Democrat from Merrick, expressed concern about the exemption.

“If [a cell phone company] never complied with town code,” said Denenberg, “they should be made to comply by Jan. 1, 2012. That would be a way for all of the installations that came up on telephone poles to have to abide by the new code.”

Claudia Borecky, president of the Telecommunications Task Force, also expressed her dismay with the clause. "We can't see the necessity of having that clause in the new code law,” she said. “We feel that leaving that clause in will be a death sentence to all of our efforts over the past year and a half to get all the applications on utility poles relocated."

According to Charles Kovit, the senior deputy attorney for the Town of Hempstead, it would break federal law to include such a provision while the applications are currently pending.

"That provision would basically be shooting ourselves in the foot,” said Kovit. “It would violate federal law and would be a disservice to the residents. We have a better framework now, and one that stands a better chance of passing under federal law.”