Attorney Anticipates Filing on Robertsville Road Cell Tower Friday

The Freehold Township Zoning Board of Adjustment may file notice Friday to appeal a court ruling allowing T-Mobile to construct a cellular tower on Robertsville Road.

Board attorney Dennis Galvin said he anticipates the governing body will authorize the motion during its regular meeting at Thursday, Oct. 27 at 7:30 p.m.

On Oct. 17, the Superior Court of New Jersey Appellate Division upheld a Law Division court’s decision that granted variances and site plan approval to the cellular provider. The Zoning Board denied T-Mobile’s application to construct a 120-foot cellular tower at 169 Robertsville Road in November 2009. The location is an R-120 zone, which permits single-family homes, farm uses and public buildings and parks, according to court documents.

T-Mobile identified a gap in cellular coverage in Freehold Township and found the Robertsville Road site the most suitable location. The cellular company had also considered the YMCA of Western Monmouth County and Lake Topanemus Park as possible site, according to court documents.

Freehold Township resident Michele Gross, a member of the community group that had organized against the tower, said she was surprised by the court’s decision.

“We all believe that it does not belong there. It would set a precedent by being the first cell tower in a residential area in Freehold Township,” Gross said.

Galvin explained that the next hurdle in the Zoning Board faces is in getting the state Supreme Court to consider the case.

“The Supreme Court takes very few cases on certification. Its difficult bordering on rare to get a case certified,” Galvin said. However, he believes the case has a chance of being accepted.

“I believe that errors were committed in the decisions that have been made so far in this case,” Galvin said.

Tower Discussed at Township Committee Meeting

While the Freehold Township Committee does not have role in the ongoing litigation, the recent appellate court decision was a topic of discussion during the public comments porting of governing body’s meeting on Tuesday, Oct. 25.

Jennie Jeannette “JJ” Mistretta asked why the citizens’ group organized against the tower had not been informed of the appellate court hearing.

 “I understand that you as a body can’t advise or consent (on litigation involving the Zoning Board). But what was upsetting to me, was that you did not see fit to make a phone call to some of those people on Robertsville Road,” she said.

Township Adminstrator Peter Valesi said while the Township Committee was informed of the case, they would not have been kept apprised of every nuance because the matter is a Zoning Board issue. He noted that members of the community group provided ample testimony during the Zoning Board hearings and the transcripts of such would have been reviewed in preparation for court proceedings.

“I think both sides could have communicated a little better. If someone had said, ‘We want to be informed if this get appealed,’ then maybe it would have happened,” Valesi said. “I agree that it’s unfortunate that 24 months later people weren’t aware that it was still going on. I just think that out of the 800 names I was presented with today (in a petition against the tower), someone had to know that it was going on. It’s a public docket.”