Resident’s collapse halts zoning meeting Attorneys debate aspects of cell tower application

BY CLARE MARIE CELANO Staff Writer

FREEHOLD TOWNSHIP — The collapse of an 81-year-old woman put a halt to testimony during a March 12 meeting of the Freehold Township Zoning Board of Adjustment.

The board was conducting a public hearing on Omnipoint Communications’ application to install a cell 120-foot tall monopole cellular communications tower on the property at 169 Robertsville Road.

The plan requires a variance because a cell tower is not a permitted use in the residential zone.

While attorneys involved in the case were debating an issue, Ann Tatro, of Sherwood Drive, which is near the location where the company wants to place the cell tower, appeared to be crying in the audience. Her possible distress prompted the board’s attorney, Dennis Galvin, to ask her if she was all right.

At that point Tatro stood up and began to yell, “No. No. No. You’re ruining our quiet, peaceful neighborhood. We don’t want your cell tower. Our homes mean something to us.”

Galvin attempted to tell Tatro that public comment was not being taken at that moment, but by the time he tried to do that Tatro became so distraught that she fell to the floor.

First aid squad members and paramedics were called to the scene to assist her. Tatro later said she had high blood pressure and diabetes. She refused to go to the hospital.

After being attended to by the paramedics, Tatro was escorted out of the municipal building by her son.

One of Tatro’s neighbors described the woman as being “extremely passionate” about the

cell tower application.

Earlier in the meeting attorney James Pryor continued to present the application on behalf of Omnipoint Communications Inc., more commonly known as T-Mobile. The application came before the board last fall and has been the subject of several hearings.

Testifying for the applicant was Sean Russell, a site acquisition specialist for Omnipoint. Russell said he had explored the possibility of locating the cell tower at either the YMCA of Western Monmouth County headquarters on East Freehold Road or at East Freehold Park on Kozloski Road. He said those locations did not work out.

Pryor then introduced Christopher Neville, a professional planner with Avoca Engineers and Architects, Piscataway.

Neville displayed an aerial photograph which showed the proposed Robertsville Road location of the cell tower. He described the site as being off of Robertsville Road, south of Esther Drive and west of Sherwood Drive and Shady Lane.

Neville cited the Smart SMR (Nextel) vs. Fair Lawn case regarding Municipal Land Use Law. He said the U.S. Supreme Court addressed the issue of cell towers, providing proper procedure for monopoles.

His citation of the case brought forth a heated objection from attorney Edward Liston, who is representing a group of residents opposing the tower.

“Mr. Neville cannot lecture this board on what the law is,” Liston said. “That is improper and way beyond what his testimony can be.”

The board’s chairman, Peter Mc- Closkey, said Neville should at least be allowed to cite the case.

“Mr. Neville is not in a position to give you a legal opinion,” Liston insisted.

“I agree that is not his role, but I prefer he go further and we can have advice from our attorney,” McCloskey said.

Gavin agreed to allow Neville the latitude to continue his comments.

Neville said the Supreme Court provided steps to follow in regard to this issue. He said an application must show that the public interest is being served; it needs to show that a piece of land is particularly suited for the proposal; and it needs to show that the board must find it can be done without negative impact.

“When we looked at the negative aspects we also looked at the visual aspects,” Neville said. “We found no obstruction of light, no noise factor, no impact on public utilities and little traffic generated after construction.”

Another area of contention for Liston presented itself when photos of the site prepared by TK Design Associates in Mendham were submitted by Neville.

Liston objected to the use of the photographs of the Robertsville Road site. He said the person who took the photographs was not present in the meeting room to be questioned.

“We need a member of TK Design to testify to the circumstances under which the photos were taken and to see if they have provided a fairly accurate description of the site,” he said. “I object to the photos going in as evidence without a representative of TK Design present to identify them and how they were taken. They have short-circuited the rules. I cannot crossexamine the person who took the photos. They’ve slipped this in. He has prejudiced the citizens of this town and the board owes it to them to call a halt to these proceedings now.”

McCloskey told Neville it would have been worthwhile to inform someone from TK Design the photographs were going to be presented at the board’s March 12 meeting.

Neville had said the photographer was out of town.

“I think you’ve glossed over this too much,” McCloskey said. “Had he been in the state you would have had him here.”

“I’ve never had a problem with Mr. Neville testifying before and we had no intention of trying to gloss over anything,” Pryor told the board.

“In your experience it may have been OK, but your experience was not before this board,” McCloskey responded.

“He (Pryor) is trying to short-change this board,” Liston said.

“I object to this,” Pryor responded. “These claims are flat-out incorrect and inappropriate.”

It was at that point in the meeting when Tatro made her comments and collapsed. After some delay the public hearing on the cell tower application was halted for the night and continued to the board’s April 23 meeting.