Resident lawsuit challenging Mahwah cell tower installation settled

2021-12-27 23:32:08 By : Mr. Tianniucrystal TN

MAHWAH — The $30,000 settlement of two residents' lawsuit blocking the construction of a permanent cell tower at Fire Company 3 was announced at Thursday's Council meeting.

Attorney Sue Sharpe announced Verizon and AT&T presently occupying the temporary cell tower by Fire Company 3 on Rozanski Drive will share equally with the township in a $30,000 settlement.

Stanley and Yolanda Sun filed the suit in February, contending the township violated the terms under which the easement was granted in July 1973. They argued the township does not have jurisdiction to grant permission to the providers to use the easement for transportation of vehicles and equipment to the proposed tower site on Fire Company 3 property.  

"They will each pay $15,000 and receive a $5,000 abatement from the township," Sharpe said. "So they will all share equally in the cost."

Mayor James Wysocki said Friday that the township will have to "start all over again" with the paperwork for the permanent tower's installation, including Department of Environmental Protection reports.

"We're starting to move forward," Wysocki said. He could not immediately give an exact list of tasks or timeline for completion at that time.

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A tower to resolve a two-mile-wide dead zone affecting an estimated 5,000 residents on the township's northern border has been the subject of proposals and discussion off and on for at least the last 16 years.  

Although the firehouse was repeatedly named as the best site for a tower, council members remained sympathetic to protests by residents around the proposed site, delaying or turning down proposals for years.  

Residents of the dead zone eventually organized a Mahwah Cell Tower Task Force which kept up a steady stream of pressure at council meetings to erect at least a temporary cell tower at the firehouse. A series of dropped-call emergencies – highlighted by a coyote attack of a resident walking her dog – helped persuade council to approve the installation.

However, the township's first vendor failed to secure telephone company interest when residents filed a wetlands challenge. Its second vendor, Declan O'Scanlon, reached agreements with Verizon and AT&T for the temporary tower, but has so far failed to interest other carriers such as Sprint, Council President David May said at Thursday's meeting.

May raised eyebrows during an Aug. 13 Facebook podcast when he announced on "The Mahwah Experience" that a permanent tower would take "years" to complete.

It is not clear if the project has cleared all its hurdles. The location and value of wetlands on and near the firehouse property has forced the relocation of the tower several times, and a new DEP review may revisit that question.

Whether the firehouse has sufficient power to run the cell tower is another question. The station reportedly cannot run its siren and house lights at the same time, and reportedly wants to update its own service.

Marsha Stoltz is a local reporter for NorthJersey.com. For unlimited access to the most important news from your local community, please subscribe or activate your digital account today.