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Tempest in a tower in Seaford
Originally published in the 2004 November 18 edition of The
Wantagh-Seaford Citizen. Donald Paulsen of Westbrook Drive, Seaford, was on his way home from mass this past Sunday morning, November 12, when he noticed the cones placed on Sunrise Highway to steer traffic away from a construction site. It turned out to be the construction of a cell phone tower on the southwest corner of Sunrise Highway and the Seaford-Oyster Bay Expressway, just a few hundred feet from the Paulsens’ kitchen window.
“By noon the tower was up,” said his wife Christine Paulsen. “They said they had a work order and it was going up. We couldn’t stop them.” “They did this under the cover of darkness,” Christopher Lochner told The Citizen. The tower is 100 feet tall monopole and was put up by Crowne Castle Communications, an Albany concern, who has a contract with New York State Police to construct cellphone towers throughout the state for various wireless communication companies; in this case, the provider will be Sprint. “After 15 months this is what happens,” said Mr. Lochner, referring to the ongoing battle residents have fought to keep the tower out of their neighborhood.
A 15-Month Battle:
Outraged residents called local officials, including Nassau County legislator David Denenberg, Joe Ra and Tom McKevitt, attorneys at the Town of Hempstead, town councilwoman Angie Cullin, town Supervisor Kate Murray, the town board of Zoning Appeals, state Senator Charles Fuschillo, state Assemblyman David McDonough, New York’s Attorney General’s environmental Crimes Bureau and Congressman Peter King. New York State Senator Charles Fuschillo told the Citizen in the July 3, 2003 issue that “I called the DOT and then the governor’s council on transportation. We were able to get a temporary stop-work order. My role is to find out what started the process and to get the public heard on this issue.” On October 5 of this year, Senator Fuschillo told residents at a Wantagh-Seaford Homeowners Association Meeting, “we had a meeting in Albany, met with DOT officials and the New York State police. No one is taking ownership for this project. Both the state police and the DOT said they have no interest here."
What About a Town Hearing? It all began when Sprint wanted to place a tower on the roof of the World Gym in Wantagh and residents objected. In a letter dated June 30, 2003 from town Supervisor Kate Murray and Councilwoman Angie Cullin, they write that “In August of 2001 the town of Hempstead contacted the DOT regarding locating a cellphone tower in the vicinity of the Seaford-Oyster Bay Expressway and Sunrise Highway. In conversations between the town and the DOT, it was contemplated that the tower would be erected in the area furthest away from any residential area, more specifically the northwest region of Seaford-Oyster Bay Expressway/Sunrise Highway interchange. Subsequently our offices were contacted by many constituents informing us that construction had commenced at the southwest corner of the interchange, directly adjacent to a residential area. Despite the fact that the New York State DOT effectively has the final word in siting cell phone towers, we will continue to work together to protect the interests of our residents.”
Public Reaction: “We were very pleased with the turnout,” said Mrs. Paulsen. “People from Brook Lane, Natalie Lane and Evan Court showed up to support us.” Legislator Denenberg also was at the rally to offer support to residents. He helped to draft a petition for the residents and sent a letter to Governor George Pataki, Sbimal Chakraborti, regional director for the DOT, Senator Fuschillo and Assemblyman McDonough. “It is outrageous that neither residents nor elected officials were notified that the stop-work order was lifted. In addition, work commencing on a Sunday, when no office was available to stop this work, is rather under-handed. Obviously, the state or the DOT must have allowed this work to occur and allowed its property to be used for a cell tower,” Mr. Denenberg wrote. “I respectfully request that New York State stop this construction and remove the cell tower from its property. An alternate site, which is not so close and visible to residential homes must be found,” he continued.
“This is very underhanded,” said Assemblyman McDonough. “They did it on a Sunday so that residents couldn’t reach any of us. It’s disgraceful.” Senator Fuschillo told The Citizen that he knew nothing about the tower going up on Sunday. “I was shocked and outraged. I spoke with Crowne and we were supposed to meet in Albany this Thursday [November 18]. We’re still calling the DOT, the governor and we’re hoping for a federal loophole.” Meanwhile, Crowne communications put up the tower. Calls to Crowne Castle communications were not returned. Eileen Peters of the DOT issued the following statement: “While the DOT understands the concerns of the residents who reside in such close proximity to New York Route 135, the communications company holds a valid permit to construct a cellphone tower on this portion of public property. This will help improve cellphone service in this busy area of Nassau County.” Federal law protects cellphone tower providers. The 1996 Federal Communications Act states that the law “includes a siting policy which provides that nothing in this Act shall limit or affect the authority of a state or local government ...over decisions regarding the placement, construction and modification of personal wireless service facilities.” The law also does not let residents object to the siting of cellphone tower based on environmental or health concerns because there are no long-term studies to prove this could be detrimental to your health.
Help from Federal Officials: The Citizen also called U.S. Senator Charles Schumer’s office to see if they could possibly assist residents. They were unable to get back to us by press time but promised to look into the matter. The Citizen will follow up in an article. “Cellphone towers have been around long enough for the federal government to think about doing a long term study on the health effects,” commented Seaford resident and activist Christine Marzigliano. In the meantime Chris Lochner, Joan Whidden, Helen Doyle and other residents in the area have to live with the tower. But they certainly are not planning on giving up the fight. On Tuesday, November 22, residents will meet at Seaford High School to see what they will do next. The meeting, organized by Mr. Denenberg, will begin at 6:30 p.m. Residents are also planning on circulating a petition to send to Governor Pataki. “I pay $9,000 in taxes so I can have this in my backyard,” said Mr. Lochner. “How convenient that this happened just 12 days after the election.” |
