New Brunswick Cellular Tel. Co. d/b/a Comcast Cellular One v. Borough of S. Plainfield Bd. of Adj

In New Brunswick Cellular Tel. Co. d/b/a Comcast Cellular One v. Borough of S. Plainfield Bd. of Adj., 160 N.J. 1, 733 A.2d 442 (1999), Comcast sought a variance to construct a 90-foot monopole in the least restrictive zone in South Plainfield, where residential uses were expressly prohibited. Several nonconforming residences were located in the zone, however, and those homeowners objected to construction of the tower. Comcast claimed it could not serve its customers from existing area facilities, a contention that the objectors disputed. Id. at 12-13, 733 A.2d 442. The Court found that Comcast had satisfied the positive criteria by establishing that it required the monopole to meet public demand for telecommunications in the area, and that the site's location in an industrial zone between I-287 and a railroad was particularly suitable. Id. at 14-15, 733 A.2d 442. Comcast also had satisfied the negative criteria because uncontradicted evidence established that the structure would generate no noise or traffic or impose additional burdens on municipal services. Id. at 15, 733 A.2d 442. Comcast had presented testimony from a land use planner that the tower's location in an industrial zone would not significantly impact development of the zone. Id. at 13, 733 A.2d 442. South Plainfield had provided no zoning for telecommunications facilities, nor had it identified appropriate sites for their location. Id. at 15, 733 A.2d 442. The Court observed that "an abiding concern with telecommunications facilities . . . is their height," but it concluded that the esthetic impact of the 90-foot monopole would be minimal in light of its location in an industrial zone. Ibid. It remarked, however, that "a comparable structure in a residential zone could impose a more substantial adverse impact." Id. at 15-16, 733 A.2d 442.