February 29, 2012 THE VILLADOM TIMES I • Page 21 Franklin Lakes Planning board finalizes surgical center approval by Frank J. McMahon In a final resolution, the Franklin Lakes Planning Board confirmed its previous approval of a site plan and several variances and waivers for the construction of a 15,400 square foot, two-level medical office and ambulatory surgical center building on two lots at the end of Tice Road. The property is located parallel to the New York Susquehanna & Western Railway tracks in the central business district. Tice Road Properties, LLC, the applicant and owner of the subject property, plans to consolidate the two lots into one and build a two-story commercial building with associated parking for a medical surgical center. There will be access from Tice Road and Pulis Avenue and emergency access from Franklin Avenue. In its resolution, the board found that the applicant had met the burden of proof to justify the granting of a use variance and that the applicant had demonstrated a hardship arising out from the unusual configuration of the property as a result of the right of way held by the railway company and the odd angle with Tice Road. The board also found that Tice Road Properties demonstrated that the proposal furthers the purposes of the state’s municipal land use law insofar as it provides for increased health and safety to the area, and that the proposal is consistent with the borough’s 2004 master plan and 2010 reexamination report of that master plan and will not impair the intent and purposes of the borough’s zone plan or zoning ordinance. The board’s final approval includes several variances from the borough’s zoning code, most of which were necessitated by the configuration of the property. Those variances include reductions in some required setbacks, the location of one parking space within 10 feet of the front lot line on Tice Road, 88 parking spaces where 103 are required, 9 by 18 foot parking spaces where 10 by 20 spaces are required, parking within the front yard setback, and several reduced buffer areas. The final approval also includes a list of 30 conditions with which the applicant must comply, including compliance with all federal, state, county, and local governmental rules and requirements for the construction and operation of a surgical center. The applicant must also obtain a tree removal permit, install grass paver blocks in the emergency access area to discourage motorists from attempting to use it as a shortcut, and ask the adjacent property owner if the grass paver blocks can be extended into the adjacent property. The applicant must also return to the board for review and approval if the applicant is not successful in obtaining a surgical center tenant. Approval of the borough’s board of health must be obtained for the installation of a new septic disposal system and the removal of the existing septic disposal system and well on the property. Other conditions require the applicant to return to the board to consider converting the septic area on the site into an additional parking area if sewers are constructed in the business district. The applicant would also be required to return to the board for signage approval once a tenant is located. Tice Road Properties will also be required to provide a hold harmless agreement regarding drainage on the site and must provide a sum of $10,000 to cover the cost of the borough’s professional services performed for this project. In 2006, the zoning of this property was changed from I-2 industrial to RB retail business and the borough council approved that zone change in 2010. The planning board began holding a public hearing on the surgical center plan in March 2011, but that public hearing was abandoned when a complaint was filed in Superior Court by the attorney for an adjacent commercial neighbor who claimed the board violated the state’s open public records act by discussing the application in a closed session of the board. A new public hearing began in July 2011, with testimony from a principal for Tice Road Properties, an architect, an engineer, a surgical center expert, a traffic expert, and professional planner. Ultimately, the plan was revised to provide a wall, fence, and landscaping buffer to the adjacent commercial neighbor. In addition, the size of the proposed building was reduced, and the buffer areas were increased. The approved building will have two levels because of the slope of the property. The lower level will contain the ambulatory surgical center, with up to four operating rooms for surgeries that do not require overnight hospital stays. The upper level will contain medical office space, but could also be used for two additional operating rooms. Both levels will have access from the grade level. The public hearing on the amended site plan for the affordable housing complex planned for a site on Colonial Road in Franklin Lakes has been rescheduled to the March 7 meeting of the planning board. The 14-acre site on Colonial Road is located east of the New York Susquehanna & Western Railway tracks and Route I-287 and north of the access ramps to that Routes 281 and 208. Planning Board Attorney John Spizziri advised the board at its early February meeting that the delay had been requested by Steven Sinisi, the attorney for GS Realty Corporation, which is a subsidiary of the Amboy Bank, the current property owner. A decision on an amended site plan submitted by GS Realty was postponed at the board’s Jan. 18 meeting to provide Spizziri time to research and provide the board with an opinion on whether the proposed plan for affordable housing complies with the borough’s original court endorsed settlement agreement of a 2001 builder’s remedy lawsuit. Under the state’s municipal land use law, the board has until April 5 to make a decision in this matter. Early this month, Spizziri explained that, although he had provided the board with a letter outlining his opinion, he recommended that the details of that letter not be discussed because Sinisi and his client were not present at that meeting. “I researched the matter and drafted a letter,” Spizziri said, “but since the applicant is not present, it would not be appropriate to discuss the GS Realty application or anything in my opinion letter, which is confidential under the attorney/client privilege.” A site plan for this housing development, which would include affordable housing units, was approved by the board in December 2009 but, in January, the planning board began hearing testimony by the applicant’s expert witnesses on amendments proposed to that site plan. Those amendments were made as a result of state legislation enacted in July 2009 to permit age restricted housing sites that were previously approved in the state, to be marketed as non-age restricted units because of the depressed housing market. The amended site plan the board approved in 2009 shortened one of the buildings by 25 percent and provided on-grade parking in the area previously occupied by part of the building. In addition, the number of units in the development was increased from 84 to 87, with 69 of the Colonial Road housing plan hearing moved to March 7 units to be sold at market rate and 18 of them to be affordable housing. GS Realty returned to the board late last year, however, with a new amended site plan that called for the subdivision of the property into two lots with the affordable housing units in a building on one lot and market rate units in a building on the other. GS Realty withdrew the subdivision proposal when its purpose was questioned by the board, although several other changes requested by the board were made to the plan. Those changes include elevators in both buildings that will comply with the state building code, a fire hydrant, standpipes for fire protection, emergency access on Colonial Road, additional parking spaces, a lock box for emergency access to the buildings, permanent markers to identify the limits of the grass paver area for emergency vehicles, and two concrete pads for the potential placement of electric generators for the buildings. The applicant did not agree to provide the generators, which are expensive and not required by state code. Mayor Frank Bivona, who is also a planning board member, pointed out that, under a different name, the plan was part of a settlement agreement of a builder’s remedy lawsuit that resulted from a fairness hearing held in Superior Court. He told Sinisi and the board that he had been advised that this new plan needs the approval of the mayor and council and may have to go back to court for another fairness hearing. Although Sinisi disagreed with Bivona, the board decided to delay action on the site plan for the affordable housing complex until Spizziri could review that settlement agreement with Borough Attorney Richard Lustgarten and submit his opinion in a report to the board. F.J. MCMAHON