Smart SMR of N.Y., Inc. v. Borough of Fair Lawn Bd. of Adjustment

In Smart SMR of N.Y., Inc. v. Borough of Fair Lawn Bd. of Adjustment, 152 N.J. 309, 323, 704 A.2d 1271 (1998), the Court determined that it would apply a balancing test to determine whether granting a use variance to a telecommunications facility would satisfy the negative criteria, notwithstanding its determination that such a structure was not an inherently beneficial use. The Court concluded the variance could be granted without substantial detriment to the public good. Id. at 332, 704 A.2d 1271. The Court found that a "telecommunications facility is a paradigm for a use that serves a greater community than the particular municipality" and, furthermore, the facility in question would offer services unavailable through existing cellular systems. Ibid. The detrimental effects would be minimal because the tower would produce no noise, vibrations, smoke, dust, odors, heat or glare, and would require little or no municipal services. Id. at 333, 704 A.2d 1271. The pole would not substantially impair the zoning plan because, although abutted on one side by residential zoning, the location was zoned for industrial uses and surrounded on three sides by industrial and commercial uses. Ibid.