Page 6 THE VILLADOM TIMES I • October 19, 2011 Franklin Lakes Surgical center to reduce buffer area variances by Frank J. McMahon Tice Road Properties, LLC, the developer that plans to build a 16,000 square foot, two-level medical office and ambulatory surgical center at the end of Tice Road in Franklin Lakes, has agreed to reduce the intrusion into several buffer areas to reduce the variances required. Robert Weissman, the professional engineer who created the site plan, suggested the changes at a recent public hearing before the planning board. The changes are expected to move the proposed building to the north, eliminate some parking spaces, pull a tiered wall and curb line in, and eliminate some landscaping in order to get close to the 15 foot buffer requirement. The planning board had suggested the building be reduced in size to eliminate the variances, but Weissman said that would be too significant a reduction to make the project economically feasible. Weissman was asked to revise his plans and to bring them back to the board on Oct. 19. The agreement was reached after the board heard testimony from traffic expert Judd Rocciola and professional planner Edward Snieckus. Rocciola testified that the traffic impact would be very low and there would be no impact on the traffic at the intersection of Tice Road and Pulis Avenue. Snieckus, who participated in the field studies for a central business district plan in 2005 and was the prime designer of that plan, described the surgical center from a planning perspective. He also described and voiced his support for the variances and waivers that would be required to approve the plan, including several that would be required for encroachment into buffer areas at the property lines. He said the benefits outweigh the detriments of the variances and waivers, that it was a compatible use and complementary to the zone district, that it would be a high value ratable improvement, and would pose no substantial impairment to the intent and purpose of the borough’s master plan. After that testimony and some board discussion about the emergency access easement and a recommendation by board member Joseph Pullaro that Snieckus review the 2010 re-examination of the borough’s master plan, Planning Board Chairman Julius Lauber told Christopher Minks, the attorney for the developer, that there was sufficient interest on the board to recommend that the proposed building be reduced in size and number of operating rooms in order to pull some parking spaces out of the variance/waiver area of the plan. Minks told Lauber that would not be economically feasible and pointed out that his previous expert in the development, management, and oversight of surgical centers in the state had testified that the best use of the building would be with four to six operating rooms. He also told Lauber that it would be a significant expense to his client to revise the plans at this point to show a smaller building and that his client had already reached an agreement with the adjacent property owner, who had originally objected to the plan, to permit intrusion into the buffer areas. “You’ve done that for your benefit,” Lauber said, “not for the benefit of this board and the ordinances it must enforce.” Minks pointed out that the ordinance seeks to protect neighboring property owners from encroachment, and the neighbor in this case has endorsed the plan. Lauber responded, “There are more variances in this application than we may have granted in almost anything else we’ve done in Franklin Lakes. I’d be willing to argue that.” Minks countered, “This is also one of the most difficult configured properties in Franklin Lakes that is undeveloped.” Minks then argued that the size of the building should have been addressed when his engineer previously testified, but Lauber claimed this was the first time during this public hearing that the size of the building could have been considered for its impact. “I’m not trying to be difficult,” Minks said. Lauber said, “I’m not trying to be difficult either, but we’ve got an awful lot of variances here that impact this town and how this town is developed.” Minks claimed his experts have testified that the requirements for the variances have been met, but Lauber pointed out that those experts are being paid by the developer. Minks asked Snieckus if the plan he had recommended for the 2005 central business district plan had less buffer areas than this site plan. He responded that it did and that the encroachments in the proposed site plan are reasonable and do not negatively impact the borough’s master plan. The Chabad Jewish Center, located at 375 Pulis Avenue in Franklin Lakes, will offer the newest JLI course, Fascinating Facts: Exploring the Myths and Mysteries of Judaism, beginning Wednesday, Nov. 9. Spanning a wide range of intriguing subjects, Fascinating Facts includes sessions on Jewish myth and urban legend, biblical stories and events, Jewish foods, the Hebrew language, life cycle events, and mysteries of the occult. The course will address issues such as the Jewish view on Satan and the evil eye, whether angels have wings, and why pork is considered Learn Judaism’s myths, mysteries the quintessential non-kosher food. Like all JLI programs, Fascinating Facts is designed to appeal to people at all levels of Jewish knowledge, including those without any prior experience or background in Jewish learning. All JLI courses are open to the public, and attendees need not be affiliated with a particular synagogue, temple, or other house of worship. Interested students may call (201) 848-0449 or visit www.chabadplace.org for registration and other course-related information.