Smart SMR v. Fair Lawn Bd. of Adj

In Smart SMR v. Fair Lawn Bd. of Adj., 152 N.J. 309, 323, 704 A.2d 1271 (1998) the Court found that the applicant had met the positive criteria and established that the site in Fair Lawn's industrial zone was particularly suited for the 140-foot tower because the site was zoned for industrial use, was centrally located in the applicant's system, and it already accommodated a 90-foot monopole. Id. at 332, 704 A.2d 1271. The site was bounded on three sides by commercial and industrial uses and single-family homes abutted the remaining side of the property. Id. at 316-317, 704 A.2d 1271. Construction of the new tower would eliminate the need for two towers because the owner of the 90-foot tower was willing to co-locate its antennae on the new tower. Id. at 320, 704 A.2d 1271. The system was "an improvement on cellular telephone systems" because it provided clearer signals and enhanced protection against eavesdropping. Id. at 316, 704 A.2d 1271. Furthermore, the site was said to be "essential" for the system to operate fully and had been selected only after the applicant first considered and rejected other locations. Id. at 318, 704 A.2d 1271.