Legal Opinion

New Brunswick Cellular Telephone Co. v. Township of Edison Zoning Board of Adjustment

New Jersey Superior Court Appellate Division

Decided February 7, 1997PublishedCited by 8 opinions

1Opinion of the Court

WOLFSON, J.S.C.

I. FACTUAL BACKGROUND

New Brunswick Cellular Telephone Company d/b/a Comcast Cellular One, (“Comcast”) appeals from a decision of the Zoning Board of Adjustment of the Township of Edison (“Board”) denying its application for a variance from the requirement that cellular towers not be located within one thousand (1,000) feet of any school or residential dwelling.1 The proposed cellular communica*463tions facility consists of an 80 foot high freestanding monopole with twelve (12) sectorized antennas and an equipment shelter, on 1.37 acres in the LI zone.2

Hearings were held on…

2Cases cited28 opinions

  1. Kramer v. BD. OF ADJUST., SEA GIRT.Supreme Court of New Jersey · 1965
  2. Medici v. BPR Co.Supreme Court of New Jersey · 1987
  3. Jantausch v. Borough of VeronaNew Jersey Superior Court Appellate Division · 1956
  4. Ward v. ScottSupreme Court of New Jersey · 1954
  5. Jantausch v. Borough of VeronaSupreme Court of New Jersey · 1957

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3Cited by8 opinions

  1. Smart SMR of New York, Inc. v. Borough of Fair Lawn Board of AdjustmentSupreme Court of New Jersey · 1998
  2. Cellular Telephone Co. v. Zoning Board of Adjustment of Borough of Ho-Ho-KusDistrict Court, D. New Jersey · 1998
  3. Kay v. City of Rancho Palos VerdesCourt of Appeals for the Ninth Circuit · 2007
  4. Northeast Towers, Inc. v. ZONING BD. OF ADJUST.New Jersey Superior Court Appellate Division · 2000
  5. Chicalese v. Monroe Tp. Plan. Bd.New Jersey Superior Court Appellate Division · 2000

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