Last week, a concerned resident reported that at least 200 residents have already signed a petition against the construction of the monopole cell phone tower which is currently under consideration for erection at the Brookside Garden Center at 551 Broad Street in Bloomfield, owned by O’Boyle Realty.

Dr. Michael Basista, Medical Director of Immedicenter is a partner in the real estate entity called Broad and Bay Associates, LLC, which owns the medical office building next door to the proposed tower site. Dr. Basista has hired a lawyer to fight the O’Boyles efforts to house the monopole on their property and is urging town residents and businesses to join him.

The final zoning hearing on the proposal will be on Thursday, March 10 at 7:30 in council chambers of the municipal building. The Zoning Board of Adjustment had to cancel the last meeting due to insufficient advertising of the meeting. Now they have met the publicity requirements and say they expect a crowd of people to attend. The tower will be the only application heard on 3/10.

Below is an email that has been circulating as part of an ongoing community discussion of opposition to the tower.

Dear Neighbor:

I am Dr. Michael Basista, Medical Director of Immedicenter, located at 557 Broad St. adjacent to the proposed location of the T-Mobile Cell Tower. I am also the partner in the real estate entity called Broad and Bay Associates, LLC, which owns the medical office building at the same location. I am infuriated like everyone else that this monstrosity, a.k.a. the T-Mobile Cell Tower, is being considered for erection on this inappropriate site. I was approached before the O’Boyles were to house the cell tower on our property. It didn’t take long for me to reject T-Mobile’s offer. I could not in good conscience allow this eyesore to be erected on my property. Sometimes we have to give up easy income to do the right thing. Unfortunately the O’Boyles do not share my sentiment.

I am surprised that this group is not pressuring the O’Boyles to back off from hosting the tower. If the O’Boyles would be sensitive to the community’s feelings, they, too, would reject the extra income from T-Mobile and respect their neighbors and customers wishes. If they were threatened with losing more business than they would gain from T-Mobile’s lease, then they might reconsider their decision for economic reasons. They are businessmen (toungue-in-cheek).

I have been at odds with the O’Boyles for more than two decades. I don’t believe this forum is for me to voice my never ending conflicts with them; however those conflicts are why I don’t use them for plowing or landscaping of any of my properties. I also do not buy any flowers, Xmas trees or any other retail items from. But, there are people out there that do patronize them and who are against this tower who should apply pressure on them to stop this heinous lease. Since I have no clout as a customer, the burden remains upon the rest of the fine citizens to accomplish this. You should spread the word to their other customers to do the same and maybe the O’Boyles can be persuaded to stop this nonsense.

I also retained an attorney, who is an expert in land use issues. I want this tower not to happen, at least not in this location. I need your kind assistance in defraying the expense of fighting this endeavor. The lawyer, Mr. Dusinberre, was hired by me and he will only consider representing me (Broad and Bay Associates, LLC), but my goals are the same as the rest of this group. The advantage of him not representing all the members of this forum, is that everyone (except me) can voice their opinion at the Zoning Board Meetings. Since I am represented by counsel, I cannot just step up and speak at the next hearing as you can, unless he calls me as a witness, or something like that. I cannot effectively cover all the costs for this battle. Legal expert assistance is mandatory if we are to fight this properly.

I am respectfully asking for financial assistance to cover legal expenses. I think a fair amount would be $150 per family/individual. Checks should be payable to: Broad and Bay Associates, LLC and sent to the attention of Dr. Michael Basista, 557 Broad St., Bloomfield, NJ 07003. Please consult you tax advisor as to whether or not you can deduct this payment. I am a doctor, not a tax advisor J.

We don’t have a lot of time to fight this. There will be only one hearing on March 10th and I believe a decision will be made at that time. We have to give it our best shot, and that means with legal representation. The amount of $150 is negligible compared as to how our property values will suffer if this hideous “flag pole” will be erected. It is also certainly cheaper than hiring multiple lawyers.

Please help me to help you!

Respectfully,
Michael Basista, M.D.
Medical Director, Immedicenter
Managing Partner, Broad and Bay Associates, LLC
557 Broad St.
Bloomfield, NJ 07003
973-680-8300

26 replies on “Bloomfield’s Anti Cellphone Tower Movement Hires Legal Counsel”

  1. The headline should, of course, refer to legal “COUNSEL.”

    Or are Baristanet’s intrepid “citizen journalists” somehow exempt from copy editing?

  2. So grateful for your sharp editorial eyes, Cathar. I know I can always count on you to point out my mistakes.

  3. They make beautiful cell towers now. I see them along the Parkway. They look just like real pine trees. They have built church towers around them. So how cool would it be to have a tower behind a garden shop. It will make an excellent trellis for seasonal plants. Morning glory vines. English Ivy.

  4. There’s an article in either the Ledger or the Times today — I forget which, about a new tiny radio transmitter that is being designed which will render the towers obsolete in the foreseeable future. Maybe T-Mobil should wait for that. The same article refers to the pine-towers as “frankenpines”.

  5. Regardless of the merits or demerits of a cell phone tower, or all the options for one, I find it incredibly hypocritical for cell phone users to rise up against the towers they are paying the cell companies to put in! If you don’t want a cell tower, then you better stop using your cell phone. You cell users are the ones demanding and bringing these towers in. Your actions in using a cell phone have consequences. You cannot have cell phone use without having cell phone towers (well, or other cell transmitter).

  6. There are other areas that are not strictly residential that can be utilized.

    Belleville has just pushed for cell antennas instead of cell towers and is looking into putting them on Municpal Buildingings so that the town makes moeny and it alleviates taxes.

    Why shouldn’t the TOWN OF BLOOMFIELD make some money and offset our taxes????

    T-mobile may also be able to co-locate to a cell tower or antenna that is already in use by another carrier.

    Location and type are all being investigated.

  7. “If you don’t want a cell tower, then you better stop using your cell phone.”

    If you don’t want a copper smelter in town, then you better stop using electricity!

  8. What a monstrosity! I agree with Belletones. Why not find a place for the tower away from a residential area and on town property so we all can benefit from the income?

  9. Me1004–please crawl back under the rock you came out of. Your logic is so impeccably bad one can assume you must have gone to one of the private schools in the area.

  10. Me1004’s logic is sound, but I would have maybe said it as if you are a cell user and are against cell towers, don’t complain about having poor service. Which is most likely the reason this tower is being built.

    I said it before when the first article about this tower was posted, it’s NIMBY at its finest!

  11. Not only do I not want a cell phone tower in my backyard, I don’t want one in my frontyard.

    I use a cell phone that gets great coverage. No new towers needed.

  12. 884 cell antennas in a 4 mile radius. There’s no need for new equipmnet. They can co-locate.

    I have t-mobile and have no outage in the area.

  13. If only everyone had verizon, we wouldn’t have a need for more towers. Afflilated Management owns 23 Buildings in Essex County, 5 in Bloomfield alone (and 2 in montclair) All of their buildings are at least 100 ft high, and based on how they maintain their properties, Im sure they could use the income. Why not stick a cell antanae on top of apartment buildings? Im sure the town considered their own properties and I would be interested in learning why they are being NIMBY.

  14. OK…lets have a nice “Win-Win” here. Put this thing at Foley Field and let T-Mobile pay the Township to offset the cost of a facility that most taxpayers frankly neither use or visit. The facility gets paid for. Nobody lives there. And the O’Boyles look like heroes rather than the Last Days of Czar Nicholas and Alexandra. Bloomfield has to start using some vision here. Even the Bible says, “where this is no vision, the people perish”, and unfortunately the citizens are suffering from Death by Taxes!

  15. No, the town did NOT consider their own properties. Pegi Dunigan, our town councilor considered HER OWN PROPERTY.

    There are plenty of places on town property.

  16. I am a life long resident on Broad Street and live right near Brookside Garden Center. I am opposed to the tower; it does not belong in a residential area. I have concerns over the long-term health risks, the value of our properties and the visual aesthetics of a 120 ft. Cell Monopole, are we supposed to more accepting that the cell tower will be a flagpole? Have most of you seen the article in the Star Ledger this morning. https://www.nj.com/news/index.ssf/2011/03/monmouth_county_inventor_says.html There is a possibility that cell towers will be obsolete in 2 years, who is going to be responsible to take the tower down if it is built?
    This area is a flood zone, has anyone looked at the back of the Brookside Garden Center the Bay Ave. bridge has damage to it and a lot of money was spent to build that bridge. How can this property maintain a tower of 120 ft.? This property had been a gas station and then an oil change place. I would think the EPA would need to get involved to see if this can even be put into such a location. How stable will this tower be in a flood zone? People say we are just NIMBY, I say no we are looking out for our safety and have concerns. I am sure the town can find another suitable location, if the town had any foresight they should have already put rules in place that any cell towers should only be on town property.

  17. Dr. Batista, this is the kettle. Kettle, this is Dr. Batista. By the way, you are both black. If one is going to criticize another man’s erection as a monstrosiy, you had better be holding your own aescetically. Does anyone view the beat-down architectural blights that are known as Immedicenters as contributing anything positive to the visual landscape? Its not like these Immedicenters will ever be confused with the Painted Ladies of San Francisco. Both Dr. Batista’s properties and the proposed cell phone tower are visual downers that make much of NJ what it is, but both provide useful services to the neighborhood. Imagine the Brookside Garden Center people petitioning their customers to switch doctors until Dr. Batista invests in some updated siding and tasteful signage.

  18. Perhaps Pegi would be confused with one of the San Francisco Painted Ladies.

    Is it true that she fell asleep at Monday night’s Town Council meeting? I can’t wait to watch it when it comes on WBMA to see if she snores.

  19. Dr. Basista is black? Funny but I thought he was hispanic, not that it matters.

    I’ll be moving ALL of my landscaping and any other Garden Center business from Brookside Garden Center. If you plan on moving your business as well I suggest that you call them to let them know and let them know why.

    Brookside Garden Center
    (973) 748-0655

  20. Let’s look at the facts:

    1) The O’Boyles OWN the site of the proposed tower and stand to collect anywhere from $800 – $2,000 / month from t-mobile.

    2) Peggy O’Boyle, who sits on the Town Council, does not see a conflict of interest. This, despite the fact that her family stands to financially benefit from the proposed tower and it violates several zoning laws. Would this tower have even been considered by our esteemed council members had Peggy not used her influence? Should citizens now be allowed to erect towers on their own properties and receive the financial rewards, zoning laws be damned?

    3) Is this tower really needed? Is it filling an existing gag for existing Bloomfield residents to access wireless services? There are already SIX t-mobile towers within a 10 mile radius of Bloomfield, NJ

    4) Has the town considered any alternatives and done their due diligence? The initial vote scheduled for Feb. 10th was postponed due to inadequate legal notice. It seems that the township of Bloomfield was hoping to rush this into vote and pass it when no was looking.

    5) The health effects of these towers within a 1,000 foot radius is well documented. You can read about it here:

    https://www.magdahavas.com/wordpress/wp-content/uploads/2010/11/Blake_Levit-Henry_Lai.pdf

    Does anyone still think this is a good idea??

  21. We need everyone to attend the Zoning Board meeting on Thursday March 10 7:30pm. Conveniently the town is having a sewer charge meeting the same night at the Middle School. So you have a town divided some that will attend the sewer meeting and others attending the CELL TOWER Meeting. Below is the agenda from Bloomfield Website – https://www.bloomfieldtwpnj.com/content/notice-minutes-0

    AGENDA
    REGULAR MEETING OF THE ZONING BOARD OF ADJUSTMENT OF THE TOWNSHIP OF BLOOMFIELD THURSDAY MARCH 10, 2011 7:30 P.M.

    Application of T-Mobile Northeast, LLC. as Applicant and O’Boyle Realty as Owner for a use variance, minor site plan approval and any such other relief that may be required from the Zoning Ordinance of the Township of Bloomfield to construct a new monopole for wireless telecommunications, in a Neighborhood Business B-2 zone on premises known as Map 29,Block 792, Lot 27 better known as 551 Broad Street.

  22. Right now T-Mobile is worth $.60 on the dollar and is owned by Deutsch Telekom. They are in play and Sprint Nextel is a potential suitor. This may die in the courts of finance. Sprint already has PLENTY of coverage around here and this tower may not be needed at all.

  23. the name boomwalker isn’t by chance I do it for a living. I am one of them you see 2 or 3 hundred feet in the air hanging from the cell towers and I can tell you without a doubt it effects me physically and it has a effect on insects and some wildlife this I know is 100% true. I have to believe it has and will effect our children but it seems you cant find any place around that isn’t bombarded by R F like a weapon at war it always hurts everyone around not just guys like me who work on and next to the antennas on the towers.

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