BY LIZ SHEEHAN
Correspondent

FAIR HAVEN - If residents are unhappy with the borough's choice of a site for the controversial cell tower, they should appeal to a higher power - in this case the state.

That's what the Fair Haven Borough Council told residents at its Monday meeting.

Those who are unhappy with the council's choice of a site should ask elected officials to urge the state Department of Environmental Protection to reconsider its decision that a 133-foot-high cell tower cannot be placed in Fair Haven Fields where it would not affect densely populated residential neighborhoods in the town, council members said at the contentious meeting.

Requests, in fact, should be addressed to state Sen. Ellen Karcher (D-12), and Assembly members Michael Panter (D-12) and Jennifer Beck (R-12), council members said.

The suggestion came at the Borough Council meeting Monday night after angry residents from the Fisk Street neighborhood protested because a small lot on their street with homes on both sides was designated by the council as the tower location. The council passed a resolution approving the preparation of specifications and bid documents for the site by the borough engineer.

The choice of the site came after several years of attempts by the town to place the tower at Fair Haven Fields, including an offer to swap another piece of land for the site used for the tower.

The DEP turned the town down and said Green Acre properties, which are funded through a state program, could not be used for a cell tower.

The council then selected three possible sites, including the police station, the Youth Center and the former chipping site, finally settling on the Youth Center.

At the council's Aug. 14 meeting, council President Thomas Gilmour said the site was changed from the Youth Center to a town-owned property 300 feet west of the center because the property at the center was listed as part of the town's Open Space Plan and the borough would need permission from the DEP to be used.

Pattie Foley told the council she had a petition signed by more than 100 people who oppose placing the tower in the Fisk Street neighborhood.

Debbie O'Donnell said that if the town pursues its plan for the tower it "will have litigation, I promise that."

The tower will be practically in her yard, she said, and she would like "definite proof it is not dangerous" to the health of children and others in the neighborhood.

Another resident said while the borough might gain revenues from the cell tower being on its property, it would dramatically lower property values and "nobody will move into the neighborhood."

After hearing the torrent of criticism of the council's decision, including the charge that it was made without public input, Councilman Tom Schissler said, "This has been a nightmare for all of us."

"I have four children too," he said responding to the questions raised about possible adverse health effects from the tower.

"We are not stupid," Schissler said concerning other criticisms. He said he came on the council to "do something good for the town," and had lost friends over the cell tower issue.

While the council pursues a site for the tower, Verizon Wireless is requesting a variance from the town's Zoning Board to put the tower on the property of Church of the Nativity on Ridge Road.

This proposal has met with strong opposition from residents in the church area, including parishioners who say they were never consulted about putting a tower on the property.

There have been several hearings on the Verizon application. The last one was scheduled for Sept. 7 but was moved to Nov. 2 at the request of Verizon.

In 2004, the council passed an ordinance restricting cell towers to borough-owned properties but Gilmour has said at several meetings concerning the tower site that a similar ordinance in another municipality in the state was overturned in court.

Beck, in an e-mail to Councilman Chris Walrath on Sept. 8, said that she had a commitment from DEP Commissioner Lisa Jackson to visit the Green Acres site "sometime over the next two weeks." She said she would forward the proposed dates to Walrath, to pick one "that accommodates the most people."

Beck also said she asked Verizon "to hold off moving their application forward until we have vetted the Green Acres situation with DEP."

In a statement issued on Monday, Panter said he was "writing to seek the help of residents in determining the best course of action in relation to a critical issue affecting Fair Haven."

Panter said he had "numerous conversations with Gov. Corzine's Office, the administrator of the Green Acres Program, and with the DEP Commissioner Lisa Jackson, requesting they reconsider the decision."

"At this point the change seems unlikely," he said, but said he would continue seeking to arrive at a solution, working with the Borough, the DEP and Verizon.

Panter asked for input, saying he would "greatly appreciate any guidance and suggestions residents may have."

"I would very much like to advocate for Fair Haven on this issue," he said.