About 30 Rutherford residents attended a Board of Adjustment special meeting last week in order to object to the placement of eight new cellular antennae on the top of an apartment building at 270 Union Ave. The board requested the applicant collect more detailed information on other possible locations before proceeding with the application in May.
The application from Omnipoint Communications, the company that provides cellular service as T-Mobile, requires a use variance and two bulk variances: one for height and one for front yard setback. The plan is to place eight cellular antennae and one GPS locator on the roof of a 32-unit apartment building located on two lots in an R-1 zone. Additional equipment would be located in the building's basement. Each antenna would be surrounded by a fiberglass structure designed to disguise them as chimneys.
The applicant requires a "d" variance because the antennae would bring the overall height of the structure to over 10 percent above the zone's 35-foot height limit. At 47 feet and 11 inches, the apartment building already exceeds the limit. The antennae would be 55 feet and 3 inches tall. The application also requires a use variance to allow the equipment in a residential zone. The borough's current ordinances only allow cellular antennae in non-residential zones.
The radio frequency emissions from the towers would be about .6 percent of the level permitted by the Federal Communications Commission (FCC), according to Daniel J. Collins, the chief technical officer of Cedar Knolls-based Pinnacle Telecom Group. Collins said that for comparison, the company has often gotten radio frequency emissions of three to seven percent of the FCC's permitted level when taking readings in front of household refrigerators. Collins also noted that New Jersey's standard for acceptable emissions levels is five times less protective than the FCC's.
Constantine Stamos, Omnipoint's lawyer for the application, noted that if the antennae are determined to be within FCC compliance, the board cannot legally take perceived health concerns into consideration.
In response to a question from board member Kim Birdsall, Collins noted that even a resident on the fourth floor of the apartment building immediately below one of the antennae would be within the .6 percent emissions range because the roof and walls of the building serve to absorb the emissions rather than reflect them.
The antennae would be monitored by Omnipoint from a remote facility and visited by a technician once every four to six weeks, according to project engineer John Colagrande, Jr. of Whitman Companies. Colagrande himself was unable to testify in detail about the equipment or give an account of possible technical problems that could arise.
All fees from the equipment would go towards the owner of the building, Howard Koval of Oradell.
Board member Richard Rovito objected to the fake chimneys that would be used to disguise the antennae.
"I wanted it to fit into the neighborhood," said Rovito to loud applause. "I don't know any building in Rutherford with nine chimneys." The applicants didn't bring examples of the fake chimney design for the board to review.
Syed Mujdaba, Omnipoint's radio frequency engineer for the project, testified to the gap in the area's cellular service the antennae would fill. He noted 270 Union Ave. is close to the exact center of the coverage gap. Stamos noted that cellular antennae are considered an inherently beneficial use and that Omnipoint's license from the FCC mandates the company work to expand its services wherever there is a need, even regardless of whether any borough residents subscribe to T-Mobile.
Board members asked Mujdaba whether Omnipoint had considered other locations in the area, especially the nearby West End firehouse at the corner of Wells Place and Union Avenue. Stamos said the company had placed a phone call at the firehouse and sent a letter to the borough but hadn't received a response. Mujdaba also testified that based on Omnipoint's topographical map of the area, a tower at the firehouse would have to be about 90 feet tall in order to achieve the same coverage.
Berge Tombalakian of Boswell McClave, the board's engineer, noted the map Mujdaba was using only had a contour interval of 20 feet, meaning his estimation of the needed height for the tower could be off by about 20 feet. The board eventually asked the applicants to send out new notice and return at a future meeting with more detailed information about alternative locations and about the design of the fake chimneys.
Tempers ran high at the meeting, with members of the public frequently shouting out their objections to the plan and loudly applauding critical remarks made by board members. Two Rutherford police officers were even called to the scene and spoke briefly with Olivio Polito of Carmita Avenue after he made several heated remarks towards Koval.
Polito claimed the antennae were out of keeping with the Master Plan's goals to foster development in keeping with the character of pre-existing neighborhoods.
"They don't belong in a residential area. That's pretty clear," said Polito. He presented a 100-signature petition to the board, but the board could only consider testimony of residents who attended the meeting, according to chairman Michael Schilare.
"[These antennae] cause bad effects on people's lives and property," said Union Avenue resident Anthony Chester. "We don't want it. Period. And we will do everything in our power to stop it even if we have to sit down and stop the construction workers." Chester's remarks were met with loud applause.
Brian Healy, a resident of the fourth floor of 270 Union, argued that the roof of the building is unsound, claiming that Koval has had a tarp up to cover a skylight for at least three years and that the roof actively leaks. He invited members of the board to go to the building with him to observe the problems.
Other residents objected to the perceived threat to their property values.
"I want to sell my house," said neighbor Frank Viola. "If someone comes and sees [those antennae] it's a problem."
