Township might limit cell towers near homes Law is in response to uproar over Colonia tower BY KATHY CHANG Staff Writer An ordinance setting limits on where cell towers could be placed within Woodbridge Township may be put in place for the first time. "There has been a lot of activity by companies putting cell tower sites near neighborhoods," said Mayor John E. McCormac. The purpose of the nine-page ordinance is to provide zoning conditions, standards and limitations for the location, approval and operation of wireless communication facilities within the township. The Township Council will discuss and vote on the ordinance at the next council meeting on Aug. 28. "The ordinance will allow us to have certain powers to protect residential neighborhoods," said the mayor. The proposed ordinance would recognize the need to safeguard the public good, health, safety and welfare and preserve the intent and the purposes of the township master plan. Discussions on the need for putting limits on wireless communication facilities came in the wake of an application by Sprint Spectrum LP that was denied by the Zoning Board of Adjustment in May 2006 only to be overturned by state Superior Court Judge James P. Hurley of Middlesex County in June 2007. The only choice Colonia residents had was whether they wanted the 120-foot-high telecommunications tower designed as a flagpole or a tree-like structure on American Legion Colonia Post No. 248's property at 806 South Middlesex Ave. Residents reluctantly opted for the "tree" at the June 21 Zoning Board meeting. Sprint Spectrum LP proposes to construct the monopole with 12 cellular antennas at a maximum height of 122 feet, and a 12-by-20-foot equipment shelter at the base of the monopole together with a 6-foot-high chain-link fence around the shelter. The property is located in the R-7.5 high-density single-family residential zone and consists of 33,407 square feet [0.77 acre] with an existing one-story building used and occupied by the American Legion. The site also contains a trailer and an accessory pavilion. The court cited in Hurley's seven-page decision that the township Zoning Board "obviously lost sight of the fact that the use is a permitted use; although a conditional use, it is permitted by ordinance." The board members stated that they "find the site is, indeed, in the residential zone, albeit located on a nonconforming use - i.e., the American Legion Post property - and therefore, not an appropriate site for the proposed use." The court cited that "cellular towers are a conditional use in an R-7.5 zone district." A conditional use is one that is permitted in the zone subject to certain restrictions. The court also cited that there was no finding of the board's conclusion that "the proposed 120- foot monopole would have a negative visual impact on the surrounding residential uses" and called the statement nothing but a "conclusion and a net opinion." "There was no competent testimony that the introduction of the monopole into the neighborhood would have any detrimental effect on property values," Hurley's decision said. "The nearest residence far exceeded the toppling distance of the monopole. The radio frequencies to be used are in compliance with all federal and state regulations." Hurley's decision cited that Timothy J. Kronk, who testified on behalf of Sprint as a professional planner, testified that even though the site is in a residential zone, "it is at the edge of the zone" and that uses within the area could be characterized as being mixed. Kronk further testified that no location within the search ring would satisfy the 2,000-foot condition. The judge said that when the board denied Sprint's application for a variance, they failed to address the variance for the height of the tower and its application for site plan approval. "There is no cellular tower height regulation imposed by ordinance," Hurley's decision said. "Because there is no such regulation, Sprint is entitled to a height that is reasonable and justifiable." Hurley's decision allowed Sprint to come back to the board with a conditional use variance at the height the company had requested. The board could only impose reasonable conditions that it deemed necessary to mitigate any detriment, albeit minimal, to the surrounding neighborhood. The mayor said that unfortunately, the proposed ordinance does not apply to decisions already made. "Residents are still fighting the Sprint application at the American Legion," said McCormac. "It's important that we protect the residential neighborhoods as much as possible." The proposed ordinance says the wireless companies must bear the burden of proving that any proposed service facility is the least-intrusive means of filling a significant gap in wireless communication services in the area. The overall objective of the proposed ordinance is to allow the provision of wireless communication services while, at the same time, limiting the number of antennas and supporting towers to the fewest possible and only in those locations that do not negatively impact the prevailing character of the township and the quality of life enjoyed by the residents. As Colonia residents continue fighting the Sprint application, Iselin residents are battling with a cell tower application of their own. Omnipoint Communications Inc. proposes to install a 120-foot-high monopole, disguised as a flagpole with a 12-by-18-foot American flag, on a 19,159-square-foot irregular tract of land fronting on the southeast side of Route 27 near the intersection of Block Avenue. The Zoning Board of Adjustment will hear the application for Omnipoint Communications Inc. at 7:30 p.m. Sept. 20.