Midland Park October 19, 2011 THE VILLADOM TIMES I • Page 3 Verizon Wireless and T-Mobile Northeast, LLC have decided to appeal the Midland Park Zoning Board of Adjustment’s Feb. 23 decision to deny the variances necessary for the cellular communications carriers to build a flagpole-style cell tower at the Sears shopping center at 80 Godwin Avenue. At its last meeting the board authorized its attorney, Douglas Doyle of DeCotiis, Fitzpatrick & Cole, to represent the board in the lawsuit. The 3.196-acre parcel is located in the borough’s B3 zone, which allows business, retail, and office uses. As the borough requires wireless communications facilities to be located on land under the borough’s ownership or control, the companies applied for a use variance and additional variances in relation to their application. According to the civil action filed on behalf of the cellular carriers, “the board ignored the competent expert Verizon, T-Mobile appeal zoning board’s decision testimony presented by (the) plaintiffs’ experts and the competent expert testimony of its own professional planner and radio frequency expert. No other interested party or the board presented any competent evidence or expert testimony in opposition to the evidence and testimony submitted by the co-applicants,” the legal brief states. Verizon and T-Mobile are asking the court to declare that the board’s denial “contravenes the Municipal Land Use Law, NJSA 40:55D-1 et seq. as well as the established jurisprudence governing wireless telecommunications facilities and is arbitrary, unreasonable and capricious and without any legal force or effect as a matter of law and fact.” The cellular companies are also asking the court to declare that they are entitled to the approval of the co-application without a remand. The plaintiffs are asking for the award of any other relief the court may deem proper, and for reasonable attorney’s fees and costs related to the suit. Verizon and T-Mobile were seeking permission to construct a 120-foot high tower. Because the board anticipated an appeal, its members took two votes on the application. The first motion, which was to approve a 120-foot pole, failed with three board members voting in favor and four against. The board found that the property was already overburdened and would require a number of additional variances, including one for parking, if the monopole were sited at the proposed location. The equipment pads needed to support the monopole would eliminate parking spaces and exacerbate the parking shortage in the popular shopping center, the board said. The proposed location of the structure in the center of town was also cited as a detriment. After the initial vote, the board voted 4-3 to approve the co-application with a tower height of 110 feet. That height (continued on page 10) Ridgewood, Midland Park offer drug take-back program The police departments in Ridgewood and Midland Park will be offering residents of those municipalities a chance to drop off outdated, unwanted, and potentially dangerous prescription drugs on Saturday, Oct. 29 from 10 a.m. until 2 p.m. The program is part of a national initiative supported by the U.S. Department of Justice. Wyckoff will host a similar (continued on page 8)