Huntington
– The Huntington Zoning Board of Appeals (ZBA) has denied the first request for
a Special Use Permit on a wireless antenna collocation application with the
first issued recommendation from the Town’s new wireless technology consultant,
the Center for Municipal Solutions (CMS).
The
Town has started work with the Center for Municipal Solutions (CMS), which
protects the interests of municipalities and their residents, in the name of
public safety and community aesthetics, ensuring no shortcuts are taken by applicants
seeking to install cellular towers and antennas, while facilitating and
expediting the development and deployment of cellular technology to fill gaps
in coverage and serve the community’s needs.
“Applicants
often point to Federal Law, passed in 2012, to push for the quick greenlighting
of applications for the expansive deployment of cell towers and antennas placed
throughout our communities,” said Supervisor Chad A. Lupinacci. “Today, the
Town of Huntington has added a team of wireless technology experts to provide a
strong voice on behalf of the people of our Town, to consult on every cell
tower or collocation permit application submitted to the Planning Department,
ensuring every cellular tower or antenna deployed in our community is done so
in a manner that is in keeping with our community’s aesthetics and our
residents’ expectations of public health and safety.”
The Federal
Middle Class Tax Relief and Job Creation Act of 2012 established the
"First Responder Network Authority (FirstNet)" (page 47) and the
"Public Safety Broadband Network" (page 52): "The
First Responder Network Authority shall ensure the establishment of a
nationwide, interoperable public safety broadband network…a single, national
network architecture that evolves with technological advancements."
The first recommendation formally issued by CMS for the Town of
Huntington was presented at the Zoning Board of Appeals meeting on Thursday,
May 16, regarding an application submitted by AT&T proposing to collocate a
new wireless telecommunications facility and change the structure of the steeple
on the Centerport United Methodist Church in Centerport where Sprint currently
has an existing wireless telecommunications facility.
The recommendation from CMS states that the requested collocation
can be accomplished without changing the structure of the church steeple:
“Upon
review and discussions, we offer the following comments:
“The
applicant is proposing to remove the existing bell tower structure located on
the church roof and replace with a new pointed steeple with cross at top. The
proposed steeple will conceal AT&T antennas with additional equipment and
cables located below. Sprint antennas are currently located below the bell
tower and concealed from view within the existing structure. The new steeple
extension, as proposed, will change the appearance of the rooftop structure,
increase the height, and substantially increase the visual impact to the
surrounding area. We recommend that the applicant consider locating the new
antennas (3 sectors – 2 per sector. Total 6) to the exterior of the existing bell
tower, mounted to the brick arches, and concealed behind RF transparent panels
that could duplicate the design of the current white wooden pillars. As such,
the existing structure could remain intact without extending the height, while
concealing the antennas from view.”
After addressing various issues at lengthy, point-by-point, CMS
concludes its recommendation with:
“Upon
review and discussion of all the submitted material required under the Town of
Huntington Code, we find that there is essential outstanding material as noted
above that must be submitted for review and approval and, therefore, this
application is incomplete.”
On
May 16, the ZBA conducted a 4-hour hearing on an application filed by AT&T
seeking to increase the height of the church spire, or “steeple,” at the United
Methodist Church in Centerport to 98 feet to install their cellular equipment
and related relief.
Expert
testimony was provided to the ZBA by Al Tagliaferri of CMS, the consultant for
the Town, to assist the Board in their evaluation. The ZBA heard extensive
testimony from concerned area residents. At the close of the hearing, the Board
members unanimously voted to deny the application in its entirety. In so doing,
the Board determined that the applicant failed to meet their burden of proof
under Town Code Section 198-68.1 for any relief sought. The applicant failed to
offer persuasive expert testimony that the extreme increase in height of what
was called a church steeple was required to enable the equipment to function. Further,
the ZBA determined the applicant offered no expert real estate testimony
whatsoever concerning their special use application or their variance relief.
The application was in all respects denied.
The Town Board voted to allow the Town to enter into a contract
with CMS at the November 8, 2018 Town Board meeting. In February 2019, CMS
began working with the Planning Department, reviewing applications, leases and
contracts between cellular carriers and the Town regarding cell tower and collocating
applications. CMS engineers have performed site visits on existing applications
with Town Planning and Engineering staff and they are working on
recommendations to help the Town stay on top of federal regulations and local
laws to protect the Huntington community.
In hundreds of cases across the nation The Center for Municipal
Solutions has proven that a community is in a unique position as regards being
able to control the related matters, enabling it to be proactive instead of
reactive, while at the same time actually facilitating and expediting the
development and deployment of the technology and service(s) so badly needed by
communities. All of this is accomplished without sacrificing the ability to
protect the interests and safety of both the community and the general public.
The Center for Municipal Solutions (CMS) is an organization that,
since 1987, has been exclusively dedicated to serving local governments
(municipalities and counties) and represents in excess of more than 500
communities in 23 states and the National Park Service. The two founders of CMS
have a combined total of more than a half century of executive-level experience
in the telecommunications industry. Members of the CMS team of experts includes
Professional Engineers licensed in more than 40 states, including radio
frequency (RF), structural and environmental specialists. This depth and
breadth of talent and experience enables CMS to level the playing field for
communities in their dealings with telecommunications service providers and
applicants, reversing historic roles, making the local government the proactive
and controlling party. CMS has developed a reputation for generating new
sources of non-tax revenue and increasing traditional sources, maximizing the
return from these using existing assets and authority, without increasing the
cost of doing business in the community.
[VIDEO] Watch
the 4-hour public hearing: http://huntingtonny.granicus.com/MediaPlayer.php?view_id=3&clip_id=1819
Click
on Agenda Item #8 - Public Hearing #: 22239
Applicant: Victoria Brennan Shore 2 Shore Wireless 5550 Merrick Road Suite 302 Massapequa NY
11758 97 Little Neck Road Centerport NY 11721
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