Neighbors present petition opposing tower; FAA, NJDEP haven’t approved it yet
OCEAN CITY — A few years ago, neighbors were successful in blocking a cell tower Verizon Wireless wanted to place atop a building near the corner of Haven Avenue and 34th Street in Ocean City.
The neighbors complained about potential health hazards from EMF rays from the 40-foot tower that was close to neighboring homes, including the bedrooms of children.
Litigation prompted the city to allow Verizon to build a 125-foot cell tower a few blocks away, on city-owned property, but neighbors are fighting that one now.
A resolution on that cell tower is on the Planning Board’s agenda under old business at the Wednesday, May 13, meeting.
At the Thursday, May 7, City Council meeting, Mayor Jay Gillian said the city is still reviewing its options.
He said he couldn’t make any promises, but federal and state agencies haven’t yet given their approvals for the cell tower.
Gillian’s update, at the start of the City Council meeting, preceded citizens giving council a petition with “over 530” names opposing the tower.
The background
The Planning Board denied the application for the cell tower at the former Compass building, but Cellco, which does business as Verizon Wireless, appealed the board’s decision in federal court, alleging the city was in violation of the Federal Telecommunications Act because cell phone companies have rights as quasi-utilities.
To settle the lawsuit, according to city solicitor Dorothy McCrosson in her report to council in April 2025, Ocean City spent almost a year reviewing properties where a cell tower could be built.
The city initially considered the corner of Bay Avenue and 34th Street, where the city has a lifeboat on display, but that did not work out. The city instead settled on the lot where the American Legion post was located before it moved to a new building at 46th Street.
McCrosson told council then that although there were residences nearby, the monopole would be 125 feet tall rather than at residence height, well above the neighboring homes.
She noted during testimony in the fight over having a cell phone node near residences that there were competing experts, some who said they were “perfectly safe” and another who said they send out “death rays.”
City Council ended up voting 7-0 to approve an ordinance in April 2025 allowing a 125-foot tall monopole with a wireless telecommunications antenna on the property in the 3300 block of Bay Avenue.
Back to now
“I can’t make any promises, but we’re talking to the utility company and reviewing every possible option,” Gillian told council. “These issues involve litigation … so I have to be very careful about what I say.
“I know there are a lot of questions and people want information, but at this time what I can report is that the FAA has not yet approved the project and the DEP (Department of Environmental Protection) has not yet approved the wetlands buffer,” he said.
“Those decisions, as you know, are well beyond our control. On our part, we are doing all we can to look at alternatives. We have been working on this issue for seven years now and we will continue to keep everyone updated.”
According to the Federal Communications Commission (FCC), building new cell towers that meet certain height and location criteria — “generally towers more than 200 feet above ground level or located near an airport” — requires notice to the Federal Aviation Administration (FAA).
According to the FAA, it works with wireless providers to ensure radio signals from telecommunications systems can safely coexist with flight operations. The FAA requires aircraft in the U.S. to be equipped to safely operate in the vicinity of 5G C-Band wireless signals. The FAA has worked with airlines and cargo carriers to have altimeters that would not be impacted by 5G.
Ocean City’s Municipal Airport is at 26th Street and Bay Avenue, seven blocks from the planned 125-foot cell tower at 33rd and Bay.
The petition
Gregory Sirianni, who lives at 3208 Simpson Ave., said the island represents simplicity, preservation, family, tradition and beauty and that it is a very special place for all families.
Sirianni said he isn’t against all technology, and believes coverage and reliability matter, but that neighbors don’t understand why a 125-foot cell tower is being placed in the middle of a residential neighborhood “and became the preferred solution with so many less intrusive alternatives.”
“The overwhelming theme we continue to hear from homeowners is not just the opposition to the tower, but they’re concerned about the lack of communication, the awareness,” he said. “Nobody knew.”
Sirianni said they have “over 530 petitions” signed opposing the proposed cell tower “and the number continues to grow every day.”
He added that “it’s going to be insane” when the seasonal residents arrive in Ocean City “because they have no awareness of it.”
Sirianni said the island “belongs to the people. We have invested our lives, our businesses, our retirements and our futures in it. This is not simply about a tower, it’s about preserving the character, the visual identify and America’s Greatest Family Resort.”
He added it would set a precedent allowing Verizon to “steal the skyline” with towers and asked council to push hard to find alternatives.
His brother, Tom Sirianni, at 3213 Bay Ave., followed him to apply some pressure by presenting the petitions. He said it included 315 resident addresses, another 50 are from outside the Ocean City area, and another 181 “of what I would call revenue producing guests” — people who don’t live in the city but spend their money here.
“Because of the lawsuit, you had to find a solution,” he said. “What is dumbfounding is that the alternative to the 40-foot (tower on the Compass building) that met the needs of Verizon turned into a 125-foot tower on a residential-zoned block.”
He suggested other sites, including 46th Street behind the firehouse, the 35th Street playing fields and the 34th Street recreation area.
Their brother, Joseph Sirianni, of 2905 Bay Ave., said he is a licensed engineer. From his perspective, he speculated that Verizon solved its problem of cell coverage in the Southend by proposing a tower “that can cover a huge range.” He suggested a tower that size can coverage a range up to 13 miles and the company is trying to save money by not having to put up other antennae.
He said the city’s own ordinance of where a tower can be located should not have required they be built on city-owned land, thereby providing more potential sites. He also said the ordinance did prioritize building cell phone nodes on preexisting poles.
“I implore you to go back to Verizon and redefine what the engineering scope needs to be,” he said, adding that could be a win-win for both Verizon and the city.
“We are going to follow up with you guys,” City Council President Terry Crowley Jr. told the three brothers. “We’ll meet and gather all the information …. I take (the mayor) at his word that we’re going to dig into this and do everything we can. The one thing I’ll say for everyone that sits up here … it doesn’t matter whether you live here full-time, or you own a house here, we’re here to serve you guys. If you own property here, we’re your representatives.”
– By DAVID NAHAN/Sentinel staff
