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After six years of trying to avoid a decision on cell towers, Oyster Bay has made a stand. The Oyster Bay Town Board voted to put cell towers on seven locations in the township. Oyster Bay Town Supervisor John Venditto said, "I don't like the idea of the town zoning authority being usurped, but the law is the law. We are out of room. We have said no for seven years. No doesn't do it anymore."

The seven sites include: Lake Avenue in Oyster Bay; the south side of Elm Street in Locust Valley; the DPW headquarters in Syosset; the TOB Solid Waste Disposal complex in Old Bethpage; the Hicksville parking garage; Town Hall North in Oyster Bay; and Goat Hill in East Norwich, which is subject to determination by the town attorney.

Town Hall South in Massapequa was removed from the list of sites, when it was noted that it abuts a residential area.

The supervisor explained, "This is a process that has been going on for six years. It's very important for all residents to understand we have been embroiled in this for several years of litigation and now the federal courts have said you must satisfy the needs of the carriers and we think it is in the best interest of the town to do it by agreement rather than have the federal courts make the determination.

"Or even have the carrier come in with his own choices without our being able to control the decision on the number of sites and making sure they are as aesthetically pleasing as possible.

"They are going up by force of law," he repeated.

"One of the sites, the Goat Hill site in East Norwich, is still not definite. The board voted to allow the lease of the land to SBA Properties, Incorporated, but on the condition that the land is not a park," he said.

Under the terms the town will receive an initial payment of $300,000 and an annual per site fee of $30,000 or 30 percent of the gross whichever is larger for the first five years. The agreement has five, five-year renewals. They will either renew or decide they will be going to another company, if there is a better deal being offered.

That issue of Goat Hill has been uppermost in the minds of East Norwich Civic Association and the Committee for the Beautification of East Norwich. Three speakers, Matthew Meng, president of the ENCA; Jack Scheich, president of the CBEN and Bud Rapphun an East Norwich resident and a member of both committees addressed the board on the issue.

Mr. Meng said, "It's a park and it's not a question of a cell tower need or not. This was purchased to make a park. A bond was floated and it was paid." He presented the board with a letter from former NYS Senator Ralph Marino saying that Goat Hill was only to be used as a park.

"What we need is a resolution recognizing that it is a park. In 1967 the residents voted for the park to be used for recreational purposes," said Mr. Meng.

Mr. Scheich said the bond issue was presented to people and it passed and the site was to be used for recreation. "Don't slice off an acre or two for a cell tower and throw us a bone for what was done 35 years ago," and he added, "Make it a park now!

"It was supposed to have been done 35 years ago. It should be done now without slicing off an acre." They were concerned that the town board would arrange to make the park official and still allow the cell tower to be erected on part of the property.

Bud Rappuhn said he remembered voting, but he doesn't actually remember how he voted.

"I voted too," said Mel Warren, another member of the ENCA.

Supervisor John Venditto commented that he was graduating from high school when the Goat Hill vote was taking place.

Mr. Rappuhn said, "It's parkland, and lets make it parkland!"

Mr. Scheich said Supervisor Venditto wanted to pass the resolutions on Tuesday, Dec. 18, subject to a legal opinion. "If it does turn out it's a park it can't be used for a cell tower. If it doesn't turn out to be a park it can be used for a cell tower."

Mr. Scheich, an attorney himself, quipped to Town Attorney Anthony Sabino, "Then you'll do it in the dark of night!"

Mr. Scheich said Mr. Sabino is going into private practice and is leaving his town job. The men were very appreciative of the work of Mr. Sabino. They were concerned that the person who comes after him might not be as knowledgeable and might be one who went for "easy solutions."

At the board meeting later, Mr. Sabino was spoken of highly by Miles Sibel of Glen Head. He said Mr. Sabino had the skills and the desire to get the thing done right within the confines of the law and the spirit and the intent of the law."

"He's one of the finest municipal attorneys," said Councilman Lenny Symons.

This was the last town board hearing of the year and Mr. Symons is also leaving his elected position. He was aced out of his seat on the board by Democrat Mary McCaffery. The town board members took some time at the Dec. 18 meeting to thank him for his service.

Glen Head resident Miles Sibel eulogized the councilman saying he was responsible for two areas of concern: emergency preparedness and graffiti. He said it was interesting in that the success of his work will be noticed by the absence of problems. And he added when a hurricane comes to town, lives will be saved and people won't know it was Mr. Symons who prepared the groundwork. He suggested the Emergency Management Preparedness Law be named after Mr. Symons.

Mr. Venditto said they would consider the suggestion.


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