Hillside Cemetery Cell Tower Proposal Unanimously Denied

Last night the Zoning Board of Adjustment agreed in a 7-0 vote to deny the T-Mobile and Verizon proposal for a cell tower in Hillside Cemetery. The meeting marked the conclusion to a six month saga of arguments between local residents and the cell phone companies.

The board, a panel of experts, T-Mobile's legal representation and around fifty community members gathered at the Town Hall meeting house at 7:30 p.m. The board began with a public comment portion, continuing from last Wednesday's meeting.

The first speaker questioned the accuracy of the "gap in coverage" claim made by T-Mobile. She cited Cranford's denial of a similar tower earlier this year. She also noted that she uses two phones, one with Verizon and one with T-Mobile, for work and personal use. "I have great service, with both phones. Sometimes I even wish I didn't have such great service, as [the cell phones] are called 'the leash' in my profession," she said.

Additionally, she questioned the usefulness of a recent balloon display test to show the community the height of the tower, at its proposed location.

"I have not been jaded by this six month grueling process, I have been inspired," she said, "This community has put a lot of heart and soul in [the process]." Although she fought back tears to deliver the entirety of her prepared speech, she was met with applause upon concluding.

Two real estate agents, Jeanmarie Wilson Keenan and Diane Cassitta, spoke separately regarding the drop in property value that could occur as a result of the tower. "I can attest that properties would drop by at least 30 percent," Wilson Keenan said.

Salvatore Tropiano, speaking on behalf of a neighbor, asked the board to "please let the dead rest in peace," referring to the cemetery location.

At the conclusion of the public comment portion, board Chairman Kenneth Anderson said, "I want to thank you for your attendance…It's good to see all of you here to see what we do," implying that the public would witness the board's discussion and vote. However, T-Mobile attorney Frank Ferraro reminded Anderson that he was promised time to conclude his case.

"I understand the situation the board is placed in…," Ferraro began, "but whether or not there were fifty in attendance, that wouldn't be a reason to accept the proposal, just as fifty against should not be a reason."

Ferraro readdressed testimony by experts he had previously called to speak, radio frequency engineer Glen Pierson and cell phone expert Dr. Bruce Eisenstein.

Ferraro noted that "the towers would be 266 feet from the closest residence, which we find to be adequate."

He also said, "We've heard from some realtors, but they are not an expert on the subject," in response to claims that the tower would bring down property values by 30 percent.

Anderson then requested the opinion of the board's own experts. Vincent Loughlin, board attorney, brought it to the board's attention that they would need a super majority (five out of seven votes) to pass the proposal. He then brought up points that mostly opposed the construction of the tower, noting "the master plan will be harmed." He urged the board to consider three questions: Does the problem exist? Will this solve the problem? Is there a lack of some other solution for the problem?

Finally, each member of the board gave their opinion on the issue. Board member Tim Livolsi summarized the points of opposition into those regarding positive criteria (whether the tower is necessary) and negative criteria (what harm the tower brings). "Fundamentally, I do not think the applicant has met the criteria necessary," said Livolsi.

Board member Karen Steele brought up that 40 percent of the coverage brought on by the tower is in the cemetery itself. This argument was used frequently in the weeks leading up the meeting.

Finally, Anderson concluded the board's discussion by opining that even if the proposal met the positive criteria for acceptance, they would be outweighed by failures to avoid the negative criteria.

After a motion for denial of T-Mobile's proposal, the board unanimously voted in favor of the rejection. The result was met with a standing applause and hugs between community members in attendance.