OYSTER BAY COVE
STOP THE TOWER
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Attend the Upcoming Planning and Zoning Board Hearings
Oyster Bay Cove
STOP THIS TOWER
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High resolution drone photographs taken at the height and placement of tower
This site is intended to educate and inform the residents of Oyster Bay Cove about a community altering decision that will be voted upon by the Village Planning and Zoning Boards before the end of October
To All Concerned Residents of Oyster Bay Cove
AT&T/Cingular Wireless intends to construct an 85' to 120' cell tower at the south east corner of the intersection of 25A Northern Blvd. and Berry Hill Rd. Residents living within 1000' of the proposed site were informed by a Public Notice from the Planning Board, delivered by certified mail, at the end of July. The notice informed those individuals living directly adjacent to the site that a Planning Board meeting was scheduled for August 4, 2022. Those that attended were surprised to learn that the Village had been in negotiations with AT&T/Cingular Wireless for the past two years, and that the Village Trustees had entered into a Lease and Option with AT&T/Cingular. The lease authorizes AT&T to build an 85' to 100' cell tower on the site of the Oyster Bay Cove Police Station at the intersection of 25A and Berry Hill Rd. All Village residents, regardless of where you live in our community will be adversely affected by this proposed construction. None of our Village residents will be able to escape the downward spiral in the value of our homes as a result of the decrease in comparable home sales in the vicinity of the tower. The few resident experts that have spoken at the recent Planning Board and Zoning Board meetings have revealed a shocking negative impact that this project will have on the bucolic, beautiful and peaceful hamlet in which we live.
The Village Code states:
§ 320-26 Purpose and objectives.
The Telecommunications "equipment and devices must be reasonably regulated in order to protect the health, safety and welfare of the citizens of the Village of Oyster Bay Cove, and, to the maximum degree possible, to coordinate and control the same to preserve and protect the aesthetic qualities and bucolic nature of the Village of Oyster Bay Cove and its neighbors."
Any less than full compliance with the code would be a dereliction of the responsibility to our community.
Important Facts to Consider
Highlights
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The FCC permits AT&T/Cingular to automatically extend the tower 20’ above the lease height of 100' (a final height of 120’) without further challenges from the Village. (Middle Class Tax Relief and Job Creation Act of 2012).
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Any discussion of health risks related to wireless broadcast radiation is not permitted to be considered by the Village Boards. The FCC deems the radiation safe and therefore does not allow health hazards associated with exposure to be a deciding factor. Boards must be motivated by Planning and Zoning issues that directly impact our village and our property.
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Experts agree that the value of any home within the vicinity of a cell tower will be reduced by the mere fact that many buyers just will not buy a home within proximity to a tower.
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The Visual Impact Study prepared by AT&T/Cingular that summarized that the tower will not be visible except in a few limited areas on Berry Hill Road and on 25A is contested by another expert's graphic analysis.
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The attached Lease and Option Agreement entered into by AT&T/Cingular as Tenant and the Village of Oyster Bay Cove as Landlord contains questionable business sense to justify the impact on the local residents. The total compensation to the Village will be $5,000 per month, $60,000 per year, and the Village has passed all Co-locater income back to the tenant, This means all income that will be derived from other cell companies to use the tower will only be beneficial to AT&T/Cingular. The Lease appears to have been written and prepared by the AT&T/Cingular to their advantage.
Visual Impact Analysis
On page 19 of the ATT/Cingular Application there is a Visual Impact Analysis prepared by the ATT consultants. At the Planning Board and the Zoning Board hearings AT&T presented what is known as a "View Shed Analysis." Their testimony during the hearings conformed to the text in the AT&T application. It was there stated that in their "Viewshed Analysis, the proposed monopole would be visible near the intersection of NYS Route 25A ... and Berry Hill Road. The Viewshed Analysis model also shows that the proposed Facility would not be visible to persons standing on the ground within private residential properties or other land uses within the surrounding area. Overall, the Viewshed Analysis demonstrates that visibility of the proposed monopole would be extremely limited, as the large majority of the surrounding area would not have views of the proposed monopole." (See AT&T/Cingular Application Attached).
The Visual Impact Analysis relied in part on the analysis of Lidar data available from the US Geological Survey.
Light Detection and Ranging (lidar) is a technology used to create high-resolution models of ground elevation with a vertical accuracy of 10 centimeters (4 inches). Lidar data is initially collected as a “point cloud” of individual points reflected from everything on the surface, including structures and vegetation. To produce a “bare earth” Digital Elevation Model (DEM), structures and vegetation are stripped away. (https://www.usgs.gov/faqs/what-lidar-data-and-where-can-i-download-it)
The following is an exhibit from the AT&T Application to support their contention that the cell tower is not visible except as reported. They contend that the areas in red are the only areas that will be able to view the proposed tower.
Thought to be a preposterous conclusion a local resident requested an Oyster Bay professional drone pilot to fly the proposed site at the height and location of the tower to be constructed. As well the neighbor asked that the Lidar Data from the USGS be analyzed to confirm the ATT conclusions.
The Lidar Data analysis was performed with vegetation and without vegetation. These results would closely align with both summer time full foliage views and winter views when the trees are bear. Lastly, the data was analyzed at a tower height of 85' and 120'. The 85' data is shown below to compare to the ATT analysis.
A stark and telling comparison, the red burst depicted in the above identifies where the 85' tower would be visible to a person standing in their yard. In addition, the above lidar image does not reflect how the tower will appear from the vantage point of a deck, terrace or 2nd floor window at a home.
Decline in Property Values
For All Residents
The news articles referenced below confirm that the vast majority of home buyers are not interested in a home near a cell tower. Home and unimproved land values are adversely affected by the construction of towers to the tune of 20% and 40% respectively. It has been estimated that a buildable site without any improvements in Oyster Bay Cove could be valued north of $750,000. A 40% decline in value would result in a $300,000 reduction in value. This is an astronomical aggregate in value when multiplied by all of our neighbors homes, and an extraordinary loss compared to the $60,000 annual rent payment realized by the Village of Oyster Bay Cove. All of those affected by the proposed tower are likely to file tax SCAR petitions to Nassau County for a reduction in their real estate tax obligation. Those who successfully petition the county for a tax reduction will be granted a corresponding reduction in the Village of Oyster Bay Cove and Town of Oyster Bay tax collections as well. Such an outcome will result in an economic nightmare to the home owner, County, Town and Village.
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Powerlines and Cell Antennas Lower Property Values - Environmental Health Trust
"Vacant lots adjacent to power lines sell for significantly less..."
"90% of home buyers and renters are less interested in properties near cell towers and would pay less for a property in close vicinity to cellular antennas"
"Price drop up to 20%"
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Do neighborhood cell towers impact property values - Pennsylvania Association of Realtors
"Recent survey ... found that 94 percent of homebuyers are 'less interested and would pay less' for a property located near a cell tower or antenna"
"Of the 1,000 people who responded ... 79 percent said that under no circumstance would they ever purchase or rent a property within a few blocks of a cell tower..."
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Raise the Roof - The National Business Post
"Because (the small cell antenna is so close, it has to be in the disclosure of my home if I sell it. It also has to be in the insurance paperwork for the buyer as well. There could be a house across the street for $800,000 and my house won't sell at all because ... health is not something the FCC recognized. It could be somebody who comes over her looking for a home, is already aware of, or just a little bit of information on (5G), and it makes the deal fall through."
Risk Hazard From
Tower Failure
The tower is only designed to sustain wind gusts up to 120mph. The majority of industry tower failures are from improper design. The failure of towers have been wildly reported. The illustration below demonstrates the risk to vehicular and pedestrian traffic in the event of a tower collapse. The yellow circle is a 120' radius from the base of the proposed tower. This would be representative of the debris field of a failed 100' tower. In such an event 25A and Berry Hill Road would both be impassable. Evacuation and emergency response during a hurricane or other disaster would be dramatically hindered. The fall zone and debris field associated with such a collapse would jeopardize the lives and safety of residents, Village employees, first responders, our homes and property,
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This site is already non-conforming and over developed. The proposed addition of a tower is out of context and not consistent with the character of the surrounding community. The lot coverage ratio of impermeable surfaces, driveways, building, parking and pads for the generators and tower will cover over 50% of the .66 acre site. This excessive coverage of the site is non-conforming and contrary to the zoning code and will most likely lead to local site flooding and water runoff onto the roadways.
Documents Released by Village
The following are documents released by the Village of Oyster Bay Cove
Click on underlined title for document
The lease document is attached in the above link with all riders and attachments. Worth noting the lease payment is $60,000/year. All additional co-locator income will be collected by ATT with no share to the Village. There is a section that allows ATT to erect temporary transmission facilities on the site if there is damage to the facility until it is repaired. The village will be required to maintain the property and the vegetation planted by ATT. The Tenant has the right to abandon the cell tower at the end of the lease and the Village will only have an agreed upon $50,000 bond for work necessary to make the site safe.
Board of Trustee Minutes include the two year period of review by the Trustees on completing a sole source agreement with ATT.
The Cityscape letter is written to address those deficiencies in the ATT application to the Village. This communication details the many zoning issues that arise from the application as well as logistic and construction related matters.
ATT/Cingular application with exhibits
This is an agreement between the Village and a consultant that specializes in representing municipalities in these communications matters
ATT/Cingular cites the exemption provided for telecommunications facilities located on premises owned or rented by the Village throughout the response. Repeatedly they invoke the exemption as the only reason that they can usurp the planning and zoning issues intended to protect the community.
CONTACT US
Village of Oyster Bay Cove Residents, Oyster Bay Cove, NY 11791
email: obcnotocelltower@gmail.com
Email us now to show your support!