Search Site
Menu
Cell tower foes set to fight

Posted by the Asbury Park Press on 05/9/07

Cell tower foes set to fight

LARRY HIGGS
COASTAL MONMOUTH BUREAU

Objectors expect to voice opposition soon

FAIR HAVEN – After months of listening and asking some questions, residents opposed to a cellular telephone tower being built on church property will have their chance to talk about it.

Expert witnesses for Verizon Wireless and T-Mobile concluded their testimony last month. Now, experts retained by the borough and the residents will get their chance to speak when the hearing resumes Thursday.

Verizon and T-Mobile are seeking approval from the Zoning Board of Adjustment to build a 133-foot tower on land behind the Church of the Nativity on Ridge Road.

Residents for the Future of Fair Haven, a group that opposes a tower in any residential area, warned residents on its Web site that this could be the last chance to weigh in on the issue.

Tom Kirman of Fisk Street, who’s involved with the group, said the opposition is in the fight for the long haul.

“We always expect a big turnout in this town,” Kirman said. “There is no place in this town near a residential area where the cell tower is wanted.”

One unifying factor among opponents is that rather than taking a “not in my backyard” position, residents have said “not in anyone’s backyard” and supported a tower site in Fair Haven Fields, away from homes.

“I’ll say it over and over – I don’t want it near anyone’s backyard,” Kirman said.

Depending on how long the borough experts’ testimony takes, residents might have a chance to begin testifying – and making statements to the board – that night.

“I think we’ll be listening (mostly) to borough experts, and some (residents) may make statements,” Kirman said.

Special Borough Attorney Stuart Lieberman doesn’t have a long list of witnesses to call.

“I have one witness, a radio frequency expert that will testify,” Lieberman said.

But don’t expect the borough’s case to be brief.

Questions about the tower site’s suitability will be raised, as will flooding and drainage questions that have been brought up at past hearings by residents of the nearby Gentry neighborhood, Lieberman said.

“There is a big flooding problem there, and creating more impervious (paved) surface can’t help the problem,” he said.

Another issue to be addressed is the current negotiations the borough is having with the Methodist church. Town officials want to lease some municipal property near Fair Haven Fields to the church as a tower site.

Verizon put the application on hold when officials reopened talks with the state Department of Environmental Protection late last year about swapping borough parkland for a 70-foot by 70-foot tower site in a wooded section in Fair Haven Fields, which was bought with funds from the state Green Acres program.

The DEP rejected that proposal in February.

Resident Chris Brenner, who signed a petition against the tower, said putting it in Fair Haven Fields would have resolved the issue.

“In my opinion, the perfect site was in Fair Haven Fields,” he said. “If you look at an aerial map, it was the only spot, or in front of the Methodist church (property) where there are no homes in sight of the thing,” Brenner said.

Kirman has said he believes the case won’t wrap up very quickly. And many people involved with the case said they expect an appeal of any decision rendered by the zoners.

Lieberman, however, said anything could happen Thursday night and that residents shouldn’t count on more hearings.

“I think there might be a vote,” he said.

Our Attorneys

Recent Twitter Posts

  • New report finds that significant offshore wind capacity exists along the Atlantic coast. https://t.co/EQG8d5VMw2
    3 weeks ago
  • The Murphy Administration plans to spend $200 million on wind port. https://t.co/Se09U5ZHvy
    1 month ago
  • NJDEP aims to simplify permitting process. https://t.co/UTm92DtrAC
    1 month ago
  • U.S. Supreme Court will hear PennEast Pipeline appeal of New Jersey eminent domain dispute. https://t.co/AqqvTw1QD2
    2 months ago

Recent Blog Posts

Environmental remediation timeframes extended again in February 2021 due to COVID-19

Throughout the COVID-19 public health emergency, keeping up with deadlines and time frames has been a difficult task for many. The State of New Jersey as well as the New
Read More
Environmental remediation timeframes extended again in February 2021 due to COVID-19

New Jersey Courts Make it Easier for Commercial Landlords to Change the Locks and for Lenders to Foreclose

The COVID pandemic began in March of 2020 and placed many individuals, businesses and mortgage lenders in circumstances which seemingly only ever existed in their wildest dreams. Among those impacted
Read More
New Jersey Courts Make it Easier for Commercial Landlords to Change the Locks and for Lenders to Foreclose

Changes to Phase I Environmental Site Assessment standards may change federal environmental due diligence requirements.

At both the state and federal levels, purchasers of commercial property are required to perform certain environmental investigations in order to shield themselves from liability for contamination found after the
Read More
Changes to Phase I Environmental Site Assessment standards may change federal environmental due diligence requirements.

Appeals Court Critical of Law Firm’s “Scorched Earth” Collected Tactics in Landlord Tenant Case

Law firms hired by landlords in collection actions against tenants can be liable to pay the tenant both statutory penalties and attorneys fees if they use improper collection practices. That’s
Read More
Appeals Court Critical of Law Firm’s “Scorched Earth” Collected Tactics in Landlord Tenant Case

In the media

  • Gulf Coast Town Center facing foreclosure

    Naples Daily News, September 16, 2015

    Wells Fargo filed a lawsuit Sept. 8 against an affiliate of CBL & Associates, the owners of the decadeold, 1.2 million-square-foot mall in south Fort Myers for a $190.9 million unpaid loan. The center has 94 stores on 204 acres, with such anchors as Super Target, Belk, Best Buy, Dick’s Sporting Goods, Marshalls and Costco...

    Read More
  • Town liable for private company's leaking underground tanks, court rules

    NJ.com Jul 26, 2017

    CRANFORD -- A couple that owned a businesses in town and became sick from leaking underground tanks owned by an adjacent business can sue the township for damages because the tanks were partially ...

    Read More
  • Dark Waters: How a Class Action Catapulted NJ to Forefront of 'Forever Chemicals' Battle

    NJ Law Journal Jan 09, 2020

    As property owners become increasingly aware of PFAS contamination, and as individuals exposed to PFAS learn of the health risks associated with exposure, liability will likely affect entire supply chains.

    Read More
  1. 1
  2. 2
  3. 3
  4. 4
  5. 5
Contact Our Firm

Quick Contact Form