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NEW BRUNSWICK CELLULAR TEL. CO. v. BOROUGH OF SOUTH PLAINFIELD BD.

305 N.J. Super. 151 (1997)

NEW BRUNSWICK CELLULAR TELEPHONE COMPANY, D/B/A COMCAST CELLULAR ONE, PLAINTIFF-RESPONDENT, v. BOROUGH OF SOUTH PLAINFIELD BOARD OF ADJUSTMENT, DEFENDANT-APPELLANT, AND TED DABROWSKI, KAZ DABROWSKI, KARL KOLAR, SALLY KOLAR, VINCENT J. DOTOLI AND LOUISA DOTOLI, INTERVENORS-APPELLANTS.

Superior Court of New Jersey, Appellate Division.

Decided October 17, 1997.

Attorney(s) appearing for the Case

James F. Clarkin, III argued the cause for defendant-appellant (Borrus, Goldin, Foley, Vignuolo, Hyman & Stahl, P.C., attorneys; Mr. Clarkin, on the brief).

David J. Frizell argued the cause for Vincent J. Dotoli, attorney for intervenors-appellants.

Gregory J. Czura argued the cause for plaintiff-respondent.

Before Judges SHEBELL, D'ANNUNZIO and A.A. RODRIGUEZ.

The opinion of the court was delivered by SHEBELL, P.J.A.D.

In December 1994, New Brunswick Cellular Telephone Company d/b/a Comcast Cellular Communications ("Comcast") applied to the South Plainfield Board of Adjustment ("Board") for variances necessary to erect an unmanned cellular communications facility at 313 Durham Avenue, South Plainfield, located in the M-3 zone. The proposed facility was to consist of a four hundred and fifty-six (456) square foot shelter...

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