Residents Oppose Cell Tower at Britannia; BZA Puts Off Decision

Wanting to improve service coverage for customers, T-Mobile Wireless is seeking to construct a 60-foot high cell-phone tower at disguised as a mast in order to blend in to its waterfront, boatyard surroundings.

Area residents, however, say they are skeptical that the structure won't affect their health or their home values adversely, as a half dozen experts who appeared on behalf of T-Mobile asserted.

T-Mobile appeared before the Board of Zoning Appeals Wednesday seeking seeking approval "for a public utility wireless telecommunications facility" as required by the Northport Village Code.

Section 309-B(2) states that "no wireless communication facility or any related or accessory structures may be erected without first obtaining a special use permit from the Board of Zoning Appeals."

The federal Telecommunications Act of 1996, however, states that no state or local government can prevent a public utility from constructing a tower where there are gaps in service.

The utility has to prove that the site on which they want to place the facility is the only one appropriate and/or available to cover the necessary gap.

Attorney John Coughlin of Huntington law firm Re, Nielsen, Huber and Coughlin, testified to the BZA that on behalf of T-Mobile that Britannia, located at 81 Fort Salonga Road just west of Woodbine Avenue in Northport, is the lone site to do so.

BZA Chair Andy Cangemi asked Coughlin how T-Mobile came to this conclusion.

"If I understand testimony correctly you are aware of where potential other sites are and they don't cover the gap and you're aware of where other companies are and they don't close the gap either," Cangemi said. "Am I hearing you right?"

Coughlin said he was and it stemmed basically from a process of elimination.

Board Trustee Janet Pushee asked if the company had investigated the possibility of using the Suffolk County Water Authority property located on the south side of Route 25A. Coughlin said it had but the water authority was not interested.

Village Attorney Jim Matthews if the company considered an antenna in the cupola of the existing Britannia Yachting Center building, rather than a free-standing structure at the northwest corner as proposed.

Engineer Udaya Malikarjunappa testified on behalf of T-Mobile that because of the dip in the road at that spot, the building is not tall enough to hide a cell tower of the height needed to close the service gap.

Board Trustee Jacqueline Ingham said she had heard that a tower was proposed for atop the . Coughlin said that he hadn't heard that but Malikarjunappa said nowhere on the Vanderbilt property would be sufficient to close the service gap.

T-Mobile's other experts testified that, among other things, the tower would not be visible, would not cast shadows on area homes and would emit less than the levels permitted by the Federal Communications Commission.

Neighborhood homeowners remained skeptical.

One, John Desiderio, wondered why the hearing was held during President's Day week when many people who may be opposed to the tower are on vacation.

Cangemi said that the BZA meetings are almost always held the second to last Wednesday of every month and have been for years. Desiderio said that given the sensitivity of this issue, it should have been moved to another date.

The residents also say that the owners of Britannia have not shown themselves to be good neighbors through the years, which has put everyone on high alert.

For instance, the 1988 covenant allowing for Britannia to be constructed and operate in the first place, strictly prohibited bars, nightclubs and taverns and no alcohol was to be sold for consumption on site and could have no more than 20 seats. They say that the violates this as it sells alcohol that is consumed on site and has many more than 20 seats.

"The ongoing violations include but are not limited to the existence and operation Whale's Tale restaurant, the noise, the property use, the April 15th yearly provision on land use, and the signage- all of which are in direct defiance of the 1988 documents," said Milland Drive resident Jill Plosky in an e-mail following the meeting.

Another Milland Drive resident expressed frustration and distrust with Britannia as well "There are numerous violations to the agreement," Andrew Aberham said. "In terms of the T-Mobile issue, the board should not be considering giving the marina any further rights while it has not honored its agreement relating to its snack bar and other covenants."

Copies of the covenant are attached to this article.
 
The residents also discovered that in 2001, Britannia sued Northport Village in an attempt to extinguish the covenant requirements altogether but were unable to determine the result. Update, May 25: The Village prevailed in the lawsuit.

Incidentally, Huntington residents have had their problems with T-Mobile. In October, T-Mobile was forced to demolish a tower it had built on South Huntington Water District property on 17th Street without town approval.

The Board of Zoning Appeals put off a decision until next month to allow residents who may have been away or unable to make it to the meeting to examine the applicant's files at Village Hall. The next meeting is scheduled for Wednesday, March 23 at 7 p.m.

A previous version of this story incorrectly stated the date that Britannia filed a lawsuit against Northport Village. Patch regrets the error.