Beach Haven land use board denies Verizon small-cell application, approves tolling agreement

Beach Haven — The Beach Haven Land Use Board voted to deny a Celco Partnership/Verizon Wireless application for small‑cell wireless equipment and then approved a tolling agreement to give Verizon additional time to seek judicial review while Borough Council considers an updated municipal ordinance.

Board members moved to adopt Resolution 2025‑02 to deny the application and recorded affirmative votes. The meeting record shows several board members voting "yes" on the denial. The board then debated and approved Resolution 2025‑02B, authorizing a tolling agreement that pauses the statutory window for Verizon to file suit (the transcript references a 30‑day federal window and a 45‑day Municipal Land Use Law window) while the borough considers ordinance changes. The chairwoman was authorized to execute the agreement on behalf of the board.

Board participants explained the borough’s existing ordinance is outdated and constrains where applicants can propose equipment. Under the ordinance under discussion, applicants currently submit a single preferred location; the proposed ordinance would create a municipal process that allows council and municipal engineers to evaluate multiple sites and identify locations that better balance technical needs and local aesthetics. Board counsel explained that if Borough Council adopts a revised ordinance, Verizon is expected to work with the borough on alternate locations and may not pursue litigation challenging the board’s denial.

Members questioned whether Verizon had approached private property owners and whether municipal property might be used instead; one member said he had spoken with the owner of a downtown property (identified in the transcript as Fantasy Island) who said he had not been approached. The board discussed options such as siting on municipal poles or identifying alternative corner locations to reduce visual impact.

The tolling agreement was presented as a procedural measure: it does not change the denial but extends the period during which Verizon may initiate judicial review, allowing Borough Council time to introduce and potentially adopt a new ordinance (participants indicated a first reading could occur in September). The board’s motion to approve the tolling agreement passed in the recorded voice vote in the transcript, which lists the members who voted yes.

Routine business on the agenda — approval of minutes and payment of bills (the transcript lists the bills amount as “$3,96242,” a formatting issue in the record) — also passed by voice vote. The board opened public comment and received none. A separate matter, a church subdivision case, was noted to have been transferred for trial in September to Mammoth County due to a judge conflict in Ocean County. The meeting adjourned after concluding business.

What’s next: Borough Council is expected to introduce a revised wireless ordinance in coming weeks; the tolling agreement gives Verizon and the borough time to negotiate site selection before any litigation is filed.