Search Site
Menu
Lieberman Blecher & Sinkevich Successfully Opposes

November 9, 2005 – Suburban Trends – Lincoln Park

COUNCIL SAYS ITS PLANS TO NIX JARDINE LANE CELL TOWER LEASE

By Rebecca Scanlon
Staff Writer

The borough council announced at Monday night’s work session that it will terminate a lease agreement with Omnipoint Communications Inc., blocking the proposal to put a cell tower on top of the water tower on Jardine Lane.  Omnipoint signed a contract with the borough in late March and has been in the application process with the planning board since mid-September.  Several residents have opposed the tower, saying it would be another eyesore in the neighborhood, which already contends with the water tower, and that there could be health risks.

“We’re very pleased with the council’s decision,” Bill Heydorn said after the meeting.  Heydorn is president of the Orchard Neighborhood Association (ONA), the organization of residents opposed to the cell tower.

“And we’re very pleased the council responded to the concerns of the neighbors around the Jardine water tank regarding the Omnipoint cell tower issue.”

Ellen Harrigan, Council president, later said the decision was based solely on the provisions of the contract,” she said, “because the planning board had been diligent…and had Omnipoint been more diligent, this would have proceeded much earlier with the planning board.

“Because of their slowness in getting there, their time ran out and we acted on that,” she said.

The contract was signed on March 25 and allowed 90 days until a decision had to be made by either party as to whether the lease would be terminated.  It also allowed two 45-day extensions, both of which were utilized.

The grace period expired on Oct. 21, and Monday’s meeting was the first time the council has met since then.  The planning board heard testimony from Omnipoint experts at the Sept. 15, Oct. 20 and Nov. 3 meetings.  The application proceedings were not the council’s concern, though, Harrigan said.

“We were dealing with the contract; they (the planning board) were dealing with the project,” she said.  “So our decision was based solely on the contract.”

Stuart Lieberman, attorney for the ONA, said that from a legal standpoint the decision was not extraordinary.  Omnipoint did not meet the requirements set out by the contract in the designated timeframe, he said, and the municipality did just what it was supposed to.

“It just so happens the people I represent are gratified from the decision,” Lieberman said.

The borough stood to make thousands of dollars per month from Omnipoint if the tower was erected and more from any companies that might use the antenna to further their own service.  But the possibility of additional companies turning the tower into a dominant structure was one of the resident’s main concerns.  Approximately 20 residents from the neighborhood attended Monday’s meeting and applauded after Harrigan read the decision.

“Thank you from the bottom of our hearts,” Perry Mayers, a resident of Jardine Lane, told the council on behalf of himself and his neighbors.  “It is good to know the council responds to residents.”

Omnipoint did not provide a comment by press time.

Copyright 2005 Suburban Trends

Our Attorneys

Recent Twitter Posts

  • Unprecedented storms are slamming NJ – learn how to be the best advocate for your clients when the next flood hits.… https://t.co/TicH6iAjP0
    1 day ago
  • Trenton Water Works has removed 25 percent of lead pipes throughout its service area. https://t.co/KUvhMsJlvU
    2 weeks ago
  • Opposition grows to big warehouses in small NJ towns. https://t.co/CMjgYaPMRP
    2 weeks ago
  • Groups plead with Governor Murphy to stop plans for new gas-fired power plant along the Passaic River in Newark. https://t.co/0yODyXEI3C
    2 weeks ago

Recent Blog Posts

Registration for the NJSBA Flood Summit on January 26th

Register Now for NJSBA Flood Summit, January 26 9:00am to 11:30 via Zoom Stuart Lieberman, Esq. of Lieberman Blecher & Sinkevich PC will moderate the virtual CLE, which will train advocates on
Read More
Registration for the NJSBA Flood Summit on January 26th

Governor Murphy Blocks Vote on Passaic Valley Sewerage Commission for a More Indepth Review of Its Effects on the Environment

On January 13, 2022, Passaic Valley Sewerage Commission was to vote on a contract to build a $180 million back up generating power plant for its sewage treatment facility in
Read More
Governor Murphy Blocks Vote on Passaic Valley Sewerage Commission for a More Indepth Review of Its Effects on the Environment

Environmental Insurance Dispute to be Heard in New Jersey courts

On December 30, 2021 the Appellate Division of the Superior Court decided Getty Prop. Corp. v. St. Paul Fire & Marine Ins. Co. Getty Properties Corp. (“Getty”) filed an appeal
Read More
Environmental Insurance Dispute to be Heard in New Jersey courts

Governor Murphy’s NJDEP Proposes New Rule to Limit Carbon Dioxide Emissions

New Jersey Governor Phil Murphy’s administration proposed a new rule to combat greenhouse gas emissions, just before the start of his second term in office. The New Jersey Department of
Read More
Governor Murphy’s NJDEP Proposes New Rule to Limit Carbon Dioxide Emissions

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