The judge found that the 2011 order granted the company approval to construct a cell tower and the board, through the zoning officer, willfully failed to comply with that order.
The company’s representatives argued that the zoning officer did not have the authority to deny the application because of the prior approval that had been granted in Superior Court.Īfter board members voted to uphold the zoning officer’s denial, T-Mobile filed a motion in Superior Court to enforce the company’s rights.Įarlier this year, a Superior Court judge ruled in favor of T-Mobile. Representatives of T-Mobile subsequently appeared before the Planning Board to appeal the zoning officer’s denial. Among other reasons, the denial was based on coverage differences between 20 and nearly a decade having elapsed since T-Mobile provided evidence of a coverage area gap. In late 2017, municipal officials issued a stop work order after equipment and materials that are used to drill foundations were reported to have been mobilized at 169 Robertsville Road.įreehold Township officials said the stop work order was issued because the construction permit T-Mobile possessed had expired and the company no longer had a valid construction permit.Īn application from T-Mobile to construct the cell tower was denied by the zoning officer in 2018. In 2011, T-Mobile received permission from the Superior Court to build the cell tower.
The Zoning Board of Adjustment, which has since been combined with the Planning Board, denied the company’s application in 2009.
For years, residents of the neighborhood have voiced their opposition to any plan that calls for the construction of a cell tower at the property. Property at 169 Robertsville Road in a semi-rural area of Freehold Township was targeted for a cell tower by T-Mobile in 2007.