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NEW BRUNSWICK CELLULAR TELEPHONE CO. v. ZON. BD. OF ADJUSTMENT

307 N.J. Super. 560 (1997)

NEW BRUNSWICK CELLULAR TELEPHONE COMPANY D/B/A COMCAST COMMUNICATIONS, INC., PLAINTIFFS, v. ZONING BOARD OF ADJUSTMENT OF THE BOROUGH OF METUCHEN, DEFENDANT.

Superior Court of New Jersey, Law Division Middlesex County.

Decided January 29, 1997.

Attorney(s) appearing for the Case

Warren O. Stillwell, for the Plaintiff, New Brunswick Cellular Telephone Company d/b/a Comcast Communications, Inc.

Robert F. Munoz, Attorney for the Defendant, Zoning Board of Adjustment of the Borough of Metuchen (Lomurro, Davison, Eastman & Munoz).

WOLFSON, J.S.C.

I. FACTUAL BACKGROUND

New Brunswick Cellular Telephone Company d/b/a Comcast Communications, Inc., ("Comcast") appeals from a decision of the Zoning Board of Adjustment of the Borough of Metuchen denying its application for a height variance and site plan approval to construct a cellular communications facility consisting of an 83 foot high freestanding monopole and an equipment shelter on the premises known as Block 48...

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