Midland Park June 26, 2013 THE VILLADOM TIMES I • Page 5 If and when a cell tower goes up on the Sears shopping center parking lot at 44 Godwin Avenue in Midland Park, it will be erected in the front of the property. Superior Court Judge Alexander Carver III on June 14 overturned a Midland Park Board of Adjustment decision to move the proposed structure from the front of the property, the applicants’ preferred location, to the rear of the property. The co-applicants, T-Mobile Northeast and Verizon Wireless, had objected to the alternate site while its original appeal of a ruling denying the monopole altogether was under appeal in Superior Court. Their attorney, Richard L Schneider, Esq., argued that relocating the structure to the rear would “not be in accordance with the court order. The use variance and the C-variance were granted for the front – that is the location properly considered,” he said. Court denies change of location for cell monopole In February, 2011 the board denied the joint application to erect the 110-ft high monopole, ruling that the property was already overburdened and would require a number of additional variances, including one for parking. The applicants appealed, leading to a reversal of the board’s decision in May, 2012 by Judge Menelaos Toskos, in essence approving the structure. The zoning board in turn appealed to the Appellate Division. The Appellate Division heard oral arguments on the original application on April 30. A decision is pending, according to Board of Adjustment Attorney Les Andersen. While allowing the flagless-style cell monopole, Judge Toskos remanded the site plan to the board for “the imposition of reasonable restrictions.” In revisiting the site plan, the board decided in November, 2012 that if the structure was going to go up, a rear location was preferable. It also increased the height of the monopole to 120 ft. to allow for a fourth potential locator. The board determined that the front location would have interfered with traffic flow and compromised safety. It also objected to the loss of five premium parking spaces near the Dunkin Donuts, Peter’s Fishmarket, the bagel store and Dutch Girl Cleaners. The spaces would have been relocated to the rear of the stores, which was deemed impractical for shoppers. The applicants said the location behind the jewelry and pool supply stores on Godwin Avenue was chosen to maximize the distance from the adjoining residences and to obscure the visibility by using commercial buildings as (continued on page 27)