Franklin Lakes July 20, 2011 THE VILLADOM TIMES I • Page 9 Tice Road surgical center hearing begins again by Frank J. McMahon The Franklin Lakes Planning Board has begun a new public hearing on the Tice Road Properties application. The applicant is seeking permission to build a 16,000 square foot medical office and ambulatory surgical center on two lots at the end of Tice Road. The new public hearing was necessitated when a dispute erupted between the board and Harold Cook, the attorney for Sabra Realty Associates, an objector to the application and an adjacent property owner, about the propriety of a closed session the board held. Cook claims the closed session violated the state’s open public meetings act. That dispute led to a lawsuit that was filed by Cook, and a show cause order to prevent the public hearing from proceeding. In addition, Planning Board Attorney John Spizziri stepped down from his position for this application, and the board appointed Christopher Martin, a Parsippany attorney, to replace Spizziri as the board’s attorney in the surgical center public hearing. The chairman of the planning board, Frank Conte, and one of the board members, Joseph Medici, also recused themselves from the hearing. Conte recused himself because he is named as a defendant in Cook’s lawsuit. Medici is not participating in the hearing because his personal relationship with Cook could be perceived as a conflict of interest. Superior Court Judge Menelaos Toskos declined to enjoin and restrain the application from continuing before the planning board, but he did not dismiss Cook’s lawsuit as the Superior Court inadvertently and incorrectly indicated previously and which was reported to the public. Cook claims in his lawsuit that Spizziri erred and was negligent in advising the board that a surgical center is a permitted use in the borough’s RB business zone, that the board was negligent in interpreting that the surgical center is a permitted use in that zone, that Spizziri has a conflict of interest in this matter, and that there was a willful violation of the state’s open public meetings act by Conte and the board when Conte announced at an earlier meeting that the board was going into executive session to discuss litigation. Cook also claims the board discussed matters relating to the application in that executive session, and complains in his lawsuit about the validity and accuracy of the minutes of the executive session. At the new public hearing, Cook repeated his objections to the planning board’s jurisdiction in considering the application. He claimed that, because surgical centers are not specifically listed as a permitted use in this retail/business zone, the case should be before the zoning board of adjustment to determine the appropriate jurisdiction. Martin, however, said he would allow the public hearing to move forward while both attorneys file briefs to him regarding the jurisdiction matter. James Heuer, the managing member of Tice Road Properties, then began his testimony. Heuer offered his opinion that a surgical center would be appropriate for this site according to his own research that was aided by experts in that field and by his own architect. He also explained how he plans to consolidate two lots into one and build a twostory commercial building on the resulting lot with associated parking for a medical office/ambulatory surgical center that would have access from Tice Road and Barnert’s garden has high yield Barnert Temple’s day campers stand in front of their Farmers Market, which was set up to display the cucumbers, green beans and herbs they picked at Barnert’s Intergenerational Garden. With the help of their counselors, the preschoolers displayed the produce and offered it for sale to parents. Proceeds of the sale went to the Center for Food Action. Barnert’s garden is located at the back of the school building and is visited each day by campers and tended each Thursday evening by congregants of all ages who gather to weed, mulch, and harvest the many vegetables and herbs planted there. from Franklin Avenue. According to Heuer, his plan was based on the plan for the borough’s downtown business district that was developed by Joseph Burgis, who was previously the borough’s professional planner. Heuer said he intended to meet the intent of that plan to connect Tice Road to Franklin Avenue. Under cross-examination by Cook, Heuer acknowledged that, even if the board were to approve his plan, he would need the approval of the New Jersey Department of Community Affairs. He said he has submitted an application to the DCA, which has acknowledged receipt of the plan, but no action has been taken on it yet. Heuer also acknowledged that the Burgis plan was never approved by the planning board. Cook asked why he relied on a plan that was not approved. Heuer said it was because he believed that was the intent of the planning board. Cook also questioned Heuer about the number of operating rooms in his plans, the potential number of employees, the number of consultation and break rooms, bathroom facilities, and the type of surgeries that would be conducted there. Heuer said he could not say because he does not yet have an operator for the building. Les Tribble, an architect with experience in designing surgical centers and who designed the building for Heuer, described the building and advised the board that it would probably have four operating rooms with recovery rooms wrapped around them, and offices above the operating rooms. Cook questioned Tribble extensively about the other facilities that would be necessary in the building, saying, “My point is there is a lot more going on here than operating rooms.” But Martin pointed out that, if the board approves the application, limits would be set by the board. Julius Lauber, the board’s acting chairman, pointed out on several occasions that it was too early to consider the issues being raised by Cook. At one point, Lauber said, “Harold Cook is running ahead of us.” The public hearing will continue at the July 20 planning board meeting.