T-Mobile Appeals Dock Watch Tower Decision

T-Mobile has filed an appeal of the Warren Township Board of Adjustment's June decision rejecting the company's plans for a tower antenna at the Dock Watch Hollow quarry.

In a complaint filed Sept. 6 in the Law Division of Somerset County Superior Court, attorney Gregory Czura, of Upper Black Eddy. Pa., notes the township's Technology Coordinating Committee had "urged T-Mobile to locate at the property now in contention" in March 2008. The compaint also takes issue with the board's acceptance of testimony provided by residents regarding the use of other methods to provide cell service, saying "the board has also unlawfully tried to abrogate itself the technical requirements of this industry by requiring these carriers (T-Mobile and AT&T Wireless) use 'alternate technology' it thought might be suitable."

For its part, the township is standing by the decision, refuting a claim the decision means no antenna can be built on the site but also noting T-Mobile failed to show there's a sufficient service gap in the area or that the proposed tower would be the "least intrusive" solution.

"The rulng did not make unavailable the Quarry site and every application is analyzed and disposed of based on its own unique and independent set of facts and circumstances," attorney Steven Warner, representing the zoning board, responded.

Warner's response also denies the company justified its request for a height variance, or that other technologies couldn't solve any coverage issues. During the board's hearings, residents pressed T-Mobile engineers on alterate technologies, including a distributed antenna system.

The township is asking for dismissal, with prejudice, of the complaint, while T-Mobile asks for approval of their plans.

The next scheduled date for any action in the case is Dec. 15, 2012.