Franklin Lakes August 31, 2011 THE VILLADOM TIMES I • Page 7 Buffer added to Tice Road surgical center plan by Frank J. McMahon Tice Road Properties, LLC has presented the Franklin Lakes Planning Board with revised plans for the surgical center proposed for the end of Tice Road. The new plans include a fenced, landscaped buffer area next to the adjacent property owned by Sabra Realty Associates and a vehicle restriction on an easement that leads to Franklin Avenue. If the plan is approved by the planning board, the buffer area would include a row of five-foot high evergreens all along the line separating the two properties and along the edge of the 26-foot right-of-way easement that abuts the Sabra Realty Associates property and leads to Franklin Avenue. The plan also shows a five-foot high cedar stockade fence along the northeastern portion of the surgical center property line that abuts the adjacent board of education property, all along the property line separating the surgical center property from the Sabra Realty Associates property, and along the edge of the easement separating the Sabra Realty property from that easement. Most of that area also contains a three-foot, nine-inch high retaining wall. In addition, the plan shows a five-foot high stockade gate across the easement at the southern end of the Sabra Realty Associates property that would restrict access to the surgical center property to emergency vehicles. The evergreen and stockade fence buffer would prevent any vehicles visiting the surgical center site from parking on the Sabra Realty Associates property and that would seem to resolve one of the major concerns the owners of the Sabra property expressed when objecting to the original surgical center plan. Christopher Minks, the attorney for Tice Road Properties, advised that the buffer plan is the result of negotiations between his client and Sabra Realty Associates and their attorney, Harold Cook. It is his understanding that the plan will be presented to the board jointly and that Cook will withdraw his client’s objections to the proposed development. “It is our belief, based on our negotiations and the correspondence sent to the municipality, that should allow us to proceed and, hopefully, conclude our public hearing in one or two meetings,” Minks said. Minks said he thinks it is a good plan, it does not deviate substantially from what his client originally intended, and it responds to the original objections posed by Sabra Realty. In addition, Minks said the restriction of the 26-foot wide easement to emergency vehicles is not detrimental to the operation of his client’s property. Tice Road Properties plans to build a 16,000 square foot, two level medical office and ambulatory surgical center building on two lots at the end of Tice Road. Since the public hearing on the application began, there has been a dispute between Cook, Minks, Franklin Lakes Planning Board Attorney John Spizziri, and several members of the planning board. The dispute centered on a difference of opinion between Cook and Spizziri as to the jurisdiction of the planning board to hear this application, and a complaint by Cook that a closed session meeting of the board on this application was a violation of the state’s open public meetings act. That dispute has resulted in a lawsuit that was filed by Cook against the board that is currently pending in Superior Court. The disagreement also led to the recusal of Spizziri, Board Chairman Frank Conte, and board member Joseph Medici from the public hearing. Chris Martin, Esq. was appointed by the board to serve as the board’s attorney in Spizziri’s place for this application, and Planning Board Vice Chairman Julius Lauber replaced Conte as chairman for the public hearing. Tice Road Properties and Sabra Realty have been in private negotiations since the last public hearing of the application before the planning board on July 6. Those negotiations led to the change in plans. The public meetings of the planning board on this application have been carried since then, but the public hearing is expected to resume at the board’s Sept. 7 meeting. The Second Annual Franklin Lakes Youth “Splash and Dash” Biathlon will be held on Sept. 10 at 8 a.m. Athletes, ages seven through 16, will compete in the swim/run event held at The Indian Trail Club at 830 Franklin Lake Road in Franklin Lakes. The race is designed to promote health and wellness for children and is sponsored by The Franklin Lakes Recreation and Parks Department and the Wyckoff Family YMCA with the support of the Franklin Lakes Mayor’s Wellness Campaign and the Indian Trail Club. Four age groups will compete as follows: those age eight and under will complete a 75-yard pool swim and one-mile run; those who are nine to 11 will swim 200 yards in the pool and run two miles; competitors who are 12 to 14 will ‘Splash and Dash’ Biathlon approaching swim 400 yards in the lake and run 2.5 miles; and those who are 15 and 16 will swim 600 yards in the lake and run three miles. All participants will receive a T-shirt. Prizes will be awarded to the top three competitors in each age category and to the top three relay teams. Fees are $50 per individual, and $65 for relay teams. The race is limited to 150 participants. Sponsorship opportunities are available. Call Nancy at the Wyckoff Y at (201) 891-2081 for registration and sponsorship information, or download forms from www.wyckoffymca.org. Proceeds will benefit the Franklin Lakes Recreation Department and the Wyckoff Family YMCA.