Page 4 THE VILLADOM TIMES I • June 22, 2011 Franklin Lakes Officials eye ‘don’t block box’ plan by Frank J. McMahon The Borough of Franklin Lakes plans to try a “do not block the box” method to prevent a backup of traffic on Franklin Avenue when the Franklin Avenue Middle School, which is located across from the Franklin Square Shopping Center, opens and closes on weekdays during the school year. Franklin Lakes Borough Administrator Gregory Hart, Police Captain Joseph Seltenrich, Traffic Safety Officer Robert Lyon, and Gary Ascolese from the Bergen County Engineer’s office recently met with Robert Decker, the owner of the shopping center, to discuss Decker’s concerns about the recently implemented borough ordinance that prohibits left turns out of his driveway access to Franklin Avenue. Decker has filed a lawsuit in Superior Court seeking to nullify the “no left turn” ordinance, which he claims will devalue his property. Those at the meeting agreed to try a “do not block the box” designation at the location of the shopping center access to permit vehicles to make a left turn at this location while at the same time not blocking traffic heading east on Franklin Avenue. This problem occurs regularly during the school year, according to Hart. The manner of designating the “do not block the box” area will be determined by the county engineer’s office and the effect of this designation will be reassessed in the fall when the school is back in session in order to determine if the no left turn designation is necessary or appropriate. At the time of the meeting, the borough wanted Decker to permit his lawsuit to be dismissed “without prejudice,” meaning it could be re-filed after the reassessment of the “do not block the block” designation. Hart advised last week that Decker has not agreed to do that. In March, the council adopted an ordinance that prohibits left turns out of the shopping center property from 7 a.m. to 8:30 a.m. and from 2 p.m. to 3:30 p.m., the times that children and other pedestrians are crossing Franklin Avenue to go to or from the school, although it was agreed that this particular prohibition would be reviewed by the council at a later date. In his lawsuit, Decker wants the court to declare that the ordinance is “improper, invalid, unlawful, arbitrary, capricious, null and void, and of no force and effect” and to enjoin the borough from enforcing it. Decker states in the lawsuit that he was not contacted about the reasons the borough wanted to restrict the left turns from his site, and that the ordinance unilaterally amended the site plan approval he received from the planning board in 1994. He also claims the ordinance would limit the use of his property, be a partial “taking” of his property, and decrease its ability to be rented to retailers and restaurateurs, and thereby reduce its market value. Decker asserts that there have been no mishaps or accidents at the location of the exit from his property over the past five years and that the borough failed to satisfy state law by not notifying the Bergen County Planning Board of the turn prohibition, and the action of the council violates the Fifth Amendment of the United States Constitution in that the action was taken without just compensation being paid to the property owner. Decker’s shopping center is predominantly a commercial shopping center used for retail sales and restaurants. It was constructed in 1994 without any limitations on the entrance or exit from his property, which has an entrance on the westerly side of the property, and an exit on the easterly side that has two designated lanes for leaving the site, one to turn left and one to turn right, both onto Franklin Avenue. The borough adopted the ordinance over Decker’s objections because it also included a prohibition of left turns from the intersection of McCoy Road onto Colonial Road at the southwestern end of McCoy Road at all times. That is the location of a fatal accident that occurred on Dec. 24, 2010, when a vehicle was making a left turn from McCoy Road onto Colonial Road and was struck by a vehicle that was traveling south on Colonial Road. Mayor Frank Bivona said at the time that he wanted to adopt the ordinance immediately because he felt the left turn prohibition at the McCoy Road intersection was very important and he wanted to start enforcing it as soon as possible. Gifted musician Samantha Kelly Romano of Franklin Lakes has received the Marie Sellers and Dorothy Savarese Memorial Scholarship. The award was established by Marie Sellers prior to her death in 2008. Sellers and her aunt, Dorothy Savarese, were both dedicated faculty members at Immaculate Heart Academy. Sellers wanted this award be presented to a student who has demonstrated a sharing of her gift of music with her local faith community. Romano received a check for $500 and an engraved plaque at this year’s commencement ceremony at IHA. Romano plays piano and guitar and sings for seniors, those who are sick, and for children. She said her experiences performing for others have encouraged her to continue to focus on her passion for music as a remedy for others. Romano will attend Immaculata University in the fall and will be pursuing a career in music therapy.