Franklin Lakes September 19, 2012 THE VILLADOM TIMES I • Page 3 Zoning board appeals court’s T-Mobile ruling by Frank J. McMahon Franklin Lakes Board of Adjustment Attorney Robert Davies has filed an appeal of Superior Court Judge Menelaos Toskos’ July decision to reverse the board’s denial of T-Mobile Northwest LLC’s application. The cellular communications company proposed a 130-foot high flagpole type monopole behind the Urban Farms Shopping Center on Franklin Lake Road. The board denied that request in September 2011. Judge Toskos remanded the matter to the zoning board for the imposition of reasonable conditions, and the board scheduled the related public hearing for Sept. 6. However, Davies filed the appeal prior to that date, and the issue was not addressed at the Sept. 6 board meeting. On Aug. 21, the borough council held a closed session to discuss the judge’s ruling. The council then reconvened and voted to recommend that the zoning board file an appeal. The details of the appeal have not been released, and the matter is awaiting assignment to a panel of judges. The zoning board denied T-Mobile’s application for a conditional use variance because the monopole would have violated the setback distance from residential property as required by the borough’s zoning ordinance. The location of the monopole as proposed by T-Mobile would have been 156 feet from the nearest residential property and a 300 foot setback is required by borough ordinance. Toskos found, however, that there was no persuasive evidence in the record to support the denial of T-Mobile’s application. He determined that the board’s decision was arbitrary, capricious, and unreasonable. He ordered that the decision of the zoning board be reversed and that T-Mobile’s application for a conditional use variance and site plan approval be granted. During the public hearing prior to the board’s denial, Feather Lane residents complained that the monopole is too large an object and does not belong behind the shopping center. They said the borough’s zoning law was created to protect the community and they feel the zoning that was in effect when they bought their houses should remain in effect. One Feather Lane resident said that, if the board granted the variance, it would not be doing the job with which it is charged. The residents made it clear they did not want the variance for the monopole granted and they would prefer taking their chances in court if the denial were challenged. Gregory Meese, the T-Mobile attorney, reminded the board and the public during the hearing that T-Mobile has an obligation and a right under the Telecommunications Act of 1996 to provide coverage for its customers, and the board has an obligation to provide facilities to provide that coverage. He pointed out that “T-Mobile made a very good faith effort to find a location within Franklin Lakes which is a less intrusive location, but there is no place in the Borough of Franklin Lakes where T-Mobile could comply with all of the borough’s regulations.” Zoning Board Chairman Steven DiFlora emphasized, however, that the borough’s setback requirement is 300 feet and TMobile’s plan provides for a setback of 56 feet. He said he finds that setback deficiency significant. Bank has ‘Affinity’ for schools Gregory Scher, branch manager of TD Bank presents a 2011 TD Bank Affinity Program check in the amount of $34,738 to Michael Cardaci (left) and Susan Burgess (right) co-presidents of the Franklin Lakes Education Foundation.