Smart SMR of New York, Inc. v. Borough of Fair Lawn Board of Adjustment

The opinion of the Court was delivered by

POLLOCK, J.

At issue is whether respondent, Smart SMR of New York, Inc., d/b/a Nextel Communications (Smart), is entitled to a use variance under N.J.S.A. 40:55D-70(d) (“subsection d” or “use variance”) to erect a 140-foot telecommunications “monopole” in an industrial zone in the Borough of Fair Lawn. The Fair Lawn Board of Adjustment (the Board) denied Smart’s application for a use variance, and the Law Division affirmed. In an unreported opinion, the Appellate Division reversed. We granted the Board’s petition for certification, 148 N.J. 460, 690…