Judge agrees to hear zoning arguments over tower Court date set for July 18, East Brunswick officials say

Judge agrees to hear zoning arguments over tower
Court date set for July 18,
East Brunswick officials say

State Superior Court Judge Joseph C. Messina has agreed to hear zoning arguments on July 18 regarding the Cellular One tower near Chittick School.

Township Attorney Mike Baker appeared before Judge Messina on Nov. 8 to present the results from recent testing on the tower.

SSI Services, of Pennsylvania, supplied the data, which concluded that the tower’s emissions were harmless.

"Being there was no evidence to support a health hazard, we [the township] asked to be heard again with regard to zoning laws," Baker said.

The judge agreed and ordered both the township and Cellular One to prepare expert testimony in support of their positions on the prior and existing zoning laws.

"Since matters of zoning are not considered emergent, it could normally take more than a year for such a case to be heard," added Baker. "We are extremely fortunate that we only need to wait seven months."

In July, Baker will return to court prepared to argue that the permit issued to Cellular One in 1991 was in violation of the township zoning ordinance at that time, citing improper expansion.

He will also argue alleging more recent violations, including one that speculates Cellular One obtained permits for only nine of the tower’s 12 existing antennas.

In response to accusations that township officials have neglected zoning issues, Baker said, "Nothing of relevance will be left out.

"We are aware of some residents’ concerns and intend on addressing any and all of those which violate township law in court. … As far as the safety issue is concerned, the cigarettes people smoke are more hazardous than this tower."

It is Cellular One’s policy not to comment to the press about pending litigation.