Appellate Division Affirms Cell tower Installation in New Jersey

The Appellate Division of Superior Court agreed with New Jersey T-Mobile/Verizon Dec. 11, upholding a ruling allowing them to install a 120-foot cell tower at 80 Godwin Ave., known locally as the Sears Hardware strip mall. Accordinbg to North Jersey, “Judge Mitchel E. Ostrer confirmed the 2012 trial court ruling and ordered the Zoning Board of Adjustment to ‘grant use, height and bulk variances, subject to imposition of reasonable conditions and to consider the site plan application promptly.’ The decision states the “benefits outweigh any detrimental effect from the setback, coverage and other regulations.'” The legal disagreement between officials of Midland Park and the wireless communications companies started back in 2011 when the Zoning Board of Adjustment rejected the application for the proposal after nine hearing. Once denied, the carriers appealed the decision and in May 2012, state Superior Court Judge Menelaos Toskos overturned the board’s denial and granted the carriers permission to install the tower. Then more appeals came and eventually the case ended up in the Appellate Division of Superior Court, where the tower was once again approved. The FCC’s Telecommunications Act of 1996 says that cell tower applications cannot be denied based on appearance or possible health problems.