The Franklin Square United Neighborhood Association (FSUNA) will continue its fight against an Omnipoint proposal to construct a 65-foot high communications tower at 340 Dogwood Avenue during a Town of Hempstead Board of Zoning and Appeals (BZA) hearing on Thursday morning, May 15 at 9:30 a.m at the Nathan H.L. Bennett Pavilion at Hempstead Town Hall.

The hearing is being continued from Sept. 28, 2006 when Omnipoint presented its case against the town's BZA. Residents from Franklin Square who do not want to see the proposed tower come to the neighborhood formed FSUNA, an organization committed to stopping the tower from being approved by raising money to fight the proposal.

FSUNA hired former deputy town attorney Tom McKevitt, who now represents the 17th Assembly District in the New York State Assembly. McKevitt will argue that the tower is not needed.

Federal law prohibits municipalities from declining applications for cell communications towers because of fear of health effects. However, the legal strategy for FSUNA is that there is no gap in service as Omnipoint claims and the tower could have a negative impact on the aesthetic look of the neighborhood.

"They are entitled to a tower if it is needed to close a gap in coverage and they have to do it in the least intrusive way possible. There is no gap in coverage. We've proved the phones work right there, no doubt about it. A 65-foot flagpole doesn't belong where nothing is higher than 25 feet," McKevitt said.

McKevitt also said he would object to Omnipoint trying to represent its case.

The hearing was expected to resume in December but was adjourned until Thursday at the request of Omnipoint. McKevitt said he expects the hearing to go many hours and will likely begin with Omnipoint's cross examination of consultant Dick Comi, who testified on behalf of FSUNA that the tower was not needed.

- Joe Rizza