Franklin Lakes April 6, 2011 THE VILLADOM TIMES I • Page 7 Hearing begins with question of jurisdiction by Frank J. McMahon The Franklin Lakes Planning Board’s public hearing on the medical office and ambulatory surgical center proposed for Tice Road began last week with a debate over jurisdiction. Christopher Minks, the attorney for the applicant, Tice Road Properties, LLC; Harold Cook, the attorney for Sabra Realty Associates, Inc., which owns the property adjacent to the proposed surgical center; and John Spizziri, the planning board’s attorney, engaged in the extended discussion. Spizziri said his opinion is that the medical office/surgical center is a permitted use in the retail business zone. Minks said he would present expert witnesses during the public hearing to support that opinion. Cook argued that the matter should be before the board of adjustment because a surgical center is not a specifically permitted use in the zone and, according to the borough’s zoning ordinance, any use that is not specifically permitted is prohibited. Spizziri argued that the surgical center operating rooms would be an accessory to the medical office use and that both are permitted uses under the generic term of “offices” in the zoning ordinance. He argued further that the board did not yet have any evidence upon which to make a determination on its jurisdiction in the matter and could make that determination during the public hearing. Cook countered that the applicant had not submitted any architectural plans, so it is unknown how many operating rooms are proposed. He explained that surgical centers require less parking than medical offices and, if there would be more medical office space than operating rooms, there would be a serious deficiency in the parking space provided. That situation, he said, could negatively impact his client’s property. “Parking is a key concern of my client,” Cook told the board. “This board does not have the right to interpret land use ordinances.” Minks argued that Sabra’s primary objective is to force his client to give up its right to a 26-foot wide easement that existed when he purchased the property and provides access to and from his client’s site from both Tice Road and Franklin Avenue and to delay the public hearing. He described Cook’s objection as disingenuous because he claimed Sabra already has physical therapy, cancer treatment, and dental laboratory space in its building. He told the board expert testimony would be presented during the public hearing to address Sabra’s objections. Cook argued, however, if the board did not address the jurisdiction issue at the beginning of the hearing and ultimately found it did not have jurisdiction, it would have wasted a lot of time hearing testimony about the details of the application. In response to a suggestion from board members that the board consider the jurisdiction issue separately from the application, Spizziri said there is no provision in the land use law to permit that and the applicant has the right to present its case in its own way. He maintained that the board could not make a determination on jurisdiction until that case is presented and witnesses are cross-examined (continued on page 10) Outside is now open. Our outdoor furniture shop is now fully stocked ACKERMAN’S Music Center ������������ ������������������ ������� ���������������������� ������������������������������ � ��������������������������� � �������������������������� � ������������ ���������������������������� ������������������������� ��������������������� � ������������ �������������������������� 10% off all 2011 5-piece sets, Up to 50% off last year’s sets OUTDOOR FURNITURE * Offer expires 05/01/2011. and free local delivery* skibarn.com