Franklin Lakes June 5, 2013 THE VILLADOM TIMES I • Page 5 T-Mobile withdraws Urban Farms monopole plan by Frank J. McMahon T-Mobile Northeast, LLC has entered a “Stipulation of Dismissal” in the Appellate Division of Superior Court, withdrawing its plans to locate a 130-foot high flagpole type wireless telecommunications monopole behind the Urban Farms Shopping Center on Franklin Lake Road in Franklin Lakes. The dismissal document signed by T-Mobile attorney Gregory Czura and Franklin Lakes Zoning Board Attorney Robert Davies states that the matter has been “amicably adjusted” between the parties and the court was asked to dismiss the matter with prejudice, which means the matter was adjudicated on its merits and is barred from any future legal action. The document Czura sent to Davies was accompanied by a letter that indicated that T-Mobile was giving up all of its rights, title, and interest in the court order of July 19, 2012, which reversed the zoning board’s denial of TMobile’s application for relief from the borough’s zoning ordinance. Despite several inquiries to the company’s attorneys, its media relations firm, and their corporate headquarters, T-Mobile did not provide any explanation for its decision to agree to dismiss the legal matter, which was pending in the Appellate Court. The company’s decision led to the cancellation of oral arguments at a trial that was scheduled for May 21. According to the historical record, the zoning board denied T-Mobile’s application for a conditional use variance to locate a monopole at the shopping center in September 2011. That denial was issued on the basis that 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, while a 300 foot setback is required by borough ordinance. During the public hearing, T-Mobile attorney Gregory Meese reminded the board and the public that T-Mobile has an obligation and a right under the Telecommunications Act of 1996 to provide coverage for its customers, and the zoning board has an obligation to provide facilities to provide that coverage. He pointed out that T-Mobile made a good faith effort to find a location within Franklin Lakes that would be less intrusive, but there was no place in the borough where T-Mobile could comply with all of the municipality’s regulations. When T-Mobile challenged the zoning board’s denial in Superior Court, Judge Toskos found there was no persuasive evidence in the record to support the denial. He determined that the decision of the borough’s zoning board was arbitrary, capricious, and unreasonable. On July 19, 2012, Judge Toskos reversed the board’s denial and remanded the matter to the zoning board with an order to grant its approval with the imposition of reasonable conditions. T-Mobile had planned to schedule a public hearing to determine those reasonable conditions on Sept. 6, 2012, but prior to that date, the borough council met in closed session to discuss the judge’s ruling. At a public meeting on Aug. 21, 2012, the council voted in favor of making a recommendation to the zoning board to appeal Judge Toskos decision. Davies then filed the appeal with the Appellate Division of Superior Court. The matter was scheduled for oral argument before Appellate Court Judges Susan L. Reisner and Margaret M. Hayden on May 21, but that oral argument was cancelled when it was learned that the matter had been resolved and the court was asked to dismiss the matter. Districts to explore options (continued from page 3) as well, and that would have to be reconciled to some extent,” he added. Sullivan said the board continues to reach out to other school districts to explore possibilities and promised to report on these meetings when appropriate. He noted that several districts in the area are undergoing superintendent and other administrative searches, “so their focus is elsewhere for the time being,” he said. Earlier this year in the aftermath of the defeat of a facilities upgrade referendum. the Midland Park Board began reaching out to neighboring school districts to determine whether those districts would have any interest in accepting Midland Park High School students on a tuition basis or sending their students to Midland Park High. A meeting with Ridgewood school officials in March did not have a positive outcome, as Ridgewood said it does not have the space to house 340 additional students.