Agenda - Planning Commission - 11/01/2007

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Zoning Bulletin The court concluded that; since the town did not enforce its own regulations, the waiver of the exhaustion of administrative appeal was appropriate under the public trust and policy exception. Nonkin had. the right to seek equitable relief; her request for injunction was allowed. to proceed. Telecommunications-Board approves several variances for cell phone tower construction Neighboring property owner claims board's decision not supported by the evidence Citation: Strevens v. Zoning Bd. of Adjustment of Tp. of Howell, 2007 WL 2471225 (N.J. Super. Ct. App. Div. 2007) NEW JERSEY (09/04/07)-Strevens owned residential property in the Township of Howell. The lot next to Strevens housed a first aid provider, First Aid Squad, which served the township. Nextel of New York; Inc., and First Aid Squad submitted a joint applica~ tion for development of a cell phone tower on the lot to the zoning board of adjustment. Specifically, the application asked for: a use variance, bulk variances, and preliminary and final site plan approvals. Nextel intended to re- move a lattice-work antenna on First Aid Squad's exis'ting building and install 12 antennas on a 150-foot tall monopole tower. Nextel also requested permission to construct a 12-by-20 foot struc- ture to house their equipment within a fenced compound on the prop- erty. Although Howell's zoning ordinance permitted telecommunication facilities as a conditional use in the zone, the application did not meet several of the conditions contained in the ordinance, necessitating vari- . ances. In part, the application sought variances for: 1) the "fall zone" of the monopole, which was required to be 150 feet from any residen- tiallot line and was only 89 feet; 2) the height of the monopole, 150 feet, as opposed to the permitted 49.2 feet; and 3) for the setback of the pole from Strevens' property, which was 150 feet as opposed to the required 300 feet. Ultimately, the board unanimously approved the joint application, concluding that Nextel met the burden of proof required for the grant- ing of a conditional use variance. Among other reasons for approval, the board cited the fact that, be- cause First Aid Squad was going to relocate its own communications equipment to the new tower, a public interest was served because emer- gency communications in the area would be enhanced. Importantly, the board noted that Nextel had "diligently" investigated other sites for the proposed tower. 4 78