An attempt by Verizon Wireless to build a 150-foot cell tower in a residential neighborhood in Bernardsville, N.J., has been shot down by an appellate court.
The decision was a hard fought victory for residents. From May 2010 to December 2011, the New Jersey borough’s board held 18 hearings on the subject of the tower, eventually rejecting Verizon Wireless’ proposal. The carrier giant then appealed to the superior court. The decision was handed down on April 8.
Verizon Wireless claimed that the tower, which is built to look like an evergreen tree, would improve cell coverage for customers in the neighborhood, while residents argued that the tower would be an eyesore and perhaps even bring down home values.
The 20-page decision claimed that Verizon Wireless didn’t provide enough evidence to show the boost in cell phone coverage would be significant enough to offset the “significant harm to the residential neighborhood and local zoning plan.”
Although the tower would have been disguised as a tree, the court said the tower would have been 50 to 75 feet higher than the surrounding trees. An expert in the case said the tree would “not be fooling anyone.”
Verizon Wireless also tried to make the case that people lose service when traveling on roads in the area. A radio frequency expert backed up the claim, finding a service gap along a local road, but another expert concluded that the gap could be filled by a “newer and much less conspicuous technology.” The court said Verizon Wireless “had not fairly considered alternate technology.”
Rob Simon, the attorney that represents the neighborhood association Citizens for Preserving Historic Bernardsville told New Jersey Advanced Media, “Our clients are very pleased with the appellate court decision and believe that the court appropriately understood the special nature of the Bernardsville mountain area as well as the proofs that were presented in opposition of the application.”