Overlook Denies Residents' Request For Representation in Appeal
Attorney Michael Kates requested that he defend against the appeal alongside Zoning Board of Adjustment attorney Dennis Galvin.
Atlantic Health has denied a request from Attorney Michael Kates to "intervene" on behalf of residents during the forthcoming appeal hearings regarding Overlook Hospital's application to build a helipad on the hospital's roof.
"Based upon the belief that the legitimate interest of the public and the Board of Adjustment of the City of Summit are coordinate and that the public's interest will be most adequately represented through the Board of Adjustment's attorney, Dennis Galvin Esq., your request for the appealant's consent to intervention is denied," reads a letter from Overlook Hospital to Kates dated Feb. 23, 2011.
Kates said he plans to file a motion this week appealing Atlantic Health's denial of intervention.
"I don’t see how a judge can keep us out," he said, citing the fact that many of his clients are directly effected by this project as they are within 200 feet of the hospital. Kates originally represented a group of five families in the initial Zoning Board hearing's but now the residents are united under one monikor: Citizens Against the Helipad.
Atlantic Health officially filed its complaint stating its wish to appeal the Zoning Board's decision on Jan. 28. The Zoning Board memorialized their June 2010 vote to deny the hospital's application to construct a helipad on the roof of the C-wing in a resolution dated Dec. 6, 2010.
The Highlights of the Complaint
- In the complaint obtained by Summit Patch, Atlantic Health charges that the Zoning incorrectly determined in June 2010 that the helipad could not be classified as an accessory use and therefore the board incorrectly required use variance relief. In addition, Atlantic Health is charging that the Zoning Board's decision to not classify the helipad as an accessory use was "arbitrary, capricious, unreasonable and otherwise unlawful."
- The complaint also charges that the Zoning Board, while determining the helipad was an inherently beneficial use, then incorrectly applied the "Sica" test which requires the board identify the public interest at stake and a determination of the extent of the positive benefit associated with the proposed use. Atlantic Health purports that the "Overlook Neuroscience Helipad Project" would "significantly advance important health care services and benefits provided by Overlook and the Neuroscience Institute."
"In disregard of the law and evidence, the Board concluded in the resolution that the Overlook Neuroscience Helipad Project was not as compelling as general hospital use," the complaint reads. "The Board's determination was based on an improper parochial view that improved health care services that would result from implementation of the Overlook Neuroscience Helipad Project were not important because these services could be obtained at other health care facilities outside of Summit." - The complaint also disagrees with the board's decision that the helipad project is not necessary for the hospital's Comprehensive Stroke Center designation and that it would not substantially improve the outlook for stroke patients.
- The complaint also says the board's decision was in direct contradiction to the testimony regarding potential detrimental effects, was based on speculation regarding the landing of a State Police helicopter in cases of extreme medical emergency and an "irrational finding of a potential for mid-air collision." It also took issue withe board's decision be being based on concern for negative effects on property values and lighting disturbances.
"Numerous conditions of approval were offered by AHS during the course of the hearings, including conditions specifically directed at limiting the frequency of air transport flights and thus minimizing perceived noise impacts," the complaint reads. "The Board improperly and erroneously concluded that proposed conditions would not be enforceable due to asserted preemption by federal and state law." - The complaint also reiterates the hospital's position that the height variance relief involved "limited changes relative to existing conditions at a site that is particularly suited to accommodate the proposal" and that the proposal to relocate several antennas involved a "net improvement" again relative to existing conditions at a site the hospital purports is "suited to accommodate the proposal."
- The hospital claims the board based its decision on "irrelevant, immaterial and highly prejudicial evidence in the form of witness testimony, documentary and expository evidence" regarding Morristown Memorial Hospital and relative to air traffic safety, which is subject to regulation by the Federal Aviation Administration.
- The complaint also targets the common council for amending the city's Development Regulation Ordinance in August to say that helipads and heliports shall not be considered accessory uses.
The complaint says the amendment is "unclear and impermissibly vague," "is subject to arbitrary and indiscriminate interpretation or application," and the ordinance "imposes an unreasonable and unnecessary restriction on permitted uses of property."
The Judgment
- Atlantic Health is asking for the court to grant them approval to construct the helipad, subject to terms and conditions deemed necessary by the court.
- To award attorney's fees, costs and expenses associated with the appeal.
- To find the Board of Adjustment violated the constitutional rights of Atlantic Health.
- To declare the ordinance amended by the common council in August to exclude helipads as accessory uses as unconstitutional.
Galvin said he does not feel the actions of the board amount to a violation of the applicant's constitutional rights but he was not surprised by anything in the complaint.
"I think the board did an awesome job in their deliberations and I think we applied the Sica balancing standard test and I think the court will see that," Galvin said.
Kates said the only thing that surprised him was the complaint against the ordinance passed by common council amending the city's DRO regarding accessory uses.
"I don’t think they had to do that," he said.
LuvSummit
8:14 pm on Monday, February 28, 2011
Atlantic Health has zero regard for the stated will of the city of Summit and it's residents. Hey, Alan Leiber and Joe Trunfio, the signs said "no helipad". The Zoning Board voted 6 to 1 that the helipad doesn't belong here. Your blatant and arrogant disregard for our town is appalling.
20 year Summit Resident
9:20 pm on Monday, February 28, 2011
Good luck with your appeal Atlantic Health. I encourage you to push this issue to the limits of the law and your right to appeal. I hope you get the chopper pad. We all know that local town officials can be muscled by vocal local minorities. You are right to pursue a court judgment allowing you to build this facility.
Ignore the selfish NIMBYs that are perfectly happy to jeopardize the health of their fellow man with head traumas so they don't have to hear a helicopter or 2 overhead. These self-centered individuals who care only for themselves should be disregarded. LuvSummit epitomizes these thoughtless individuals that put their personal trivial preferences over the greater good of a regional health capability that will save lives. Their arguments like the one above have often been insulting and frequently focus solely on "me, myself and I".
As I anticipate that my personal view will be attacked please be aware that I don't work in healthcare and I have no connection or affiliation to Atlantic Health. I am just a concerned citizen appalled at the unbelievable selfishness of certain Summit residents on this issue. Who knows how many people will live, recover or have their brain functions saved as a result of this wonderful head trauma treatment capability....Probably more than the 5 families opposed to the helipad.
The helipad should be welcomed, not attacked! Push hard on the appeal Atlantic and play to win. Lives hang in the balance.
Cool Hunter
5:09 am on Tuesday, March 1, 2011
First, I think the pad should be installed. Better a life saved. From what I have read, the safety/risk issue is lesser of the real benefits. The Atlantic money machine will bleed Summit dry on this. I understand that Summit legal fees will approach $100,000, not that I think the issue should but turn on the merits of the general good.
Bill Gates
2:07 pm on Sunday, March 6, 2011
The Atlantic strategy IS to bleed Summit dry. That's why the do now want intervenors who will ensure that the city is defended to the utmost.
The city can control whether a helipad goes in. The city has no control over what the helipad gets used for. The song and dance right now is that it will be used for stroke patients. Once a helipad goes in, the hospital president could use it for his daily commute from his home in Pennsylvania.
The "helicopter or 2" is likely to be much more, as happened at Atlantic's Morristown hospital.
This is big business, not about saving lives. Helicopters are expensive, high markup items. Once the helipad is in place, Atlantic will be in a competitive position to take on this business that now goes to rival hospitals.
20 year Summit Resident
9:13 pm on Sunday, March 6, 2011
"Bleed Summit Dry"..."Song and Dance"..."Big Business". Bill, This is your argument against the Helipad. Unbelievable.
You appear to be someone that lives in the conspiracy-laden fantasyland of happily taking away the property rights of others and forever fearful of being exploited by "evil" big business. You seem to think that the efficiencies that come from running a healthcare facility as a business for profit is a bad thing too. You broadly insult Atlantic healthcare professionals by implying that they only do it for the money. What do you do for a living that makes you such a noble working class representative of the oppressed NIMBYs? In any event the hospital was there first and now the NIMBYs seek to limit the property's use. Too bad. The greater good of a broader community is served by adding the helipad facility. I hope the 2 choppers becomes 10 or more because it means more people are being treated and saved.
Your argument is so weak you resort to using the canards that Atlantic will "Bleed Summit Dry" and that the CEO wants the Helipad for personal use. YOUR REAL REASON is that since your delicate eardrums can't deal with periodic rotor swoosh you prefer that trauma patients have their health and lives jeopardized by flying to more distant hospitals or using slower street vehicles to get to Overlook. How utterly callous and selfish.
Atlantic owns the property and has the right to use it for the greater good with proper controls on the helipad's use.
Bill Gates
10:12 pm on Sunday, March 6, 2011
"I hope the 2 choppers becomes 10 or more because it means more people are being treated and saved."
Now it has been revealed that "20 year Summit Resident" is an Atlantic shill.
"[Y]ou prefer that trauma patients have their health and lives jeopardized by flying to more distant hospitals or using slower street vehicles to get to Overlook."
So it is also revealed that the helipad is not going to be used just for stroke patients as claimed.
I am a helicopter (and fixed wing) pilot. I don't live next to the airport by choice because airplanes and (particularly) helicopters are noisy. Around them, I wear ear protectors because, without them, my "delicate ears" would eventually go deaf--that includes sitting in the right seat. When I fly helicopters at the airport (where they belong) I follow arrival routes designed to avoid homes and businesses--something that is impossible here.
I do get disturbed by people who move next to airports then complain about the noise. However, moving the airport next to the neighbors is a different story.
" In any event the hospital was there first and now the NIMBYs seek to limit the property's use. "
Sorry, but my house was here before the hospital.
"Atlantic owns the property and has the right to use it for the greater good with proper controls on the helipad's use."
Fortunately, the law does not agree with you.
20 year Summit Resident
7:36 am on Monday, March 7, 2011
Your noise argument is worth considering. Your other points are again, nonsense and made up on the fly.
My view is that periodic chopper noise is insignificant versus the benefit of saving lives. It is unfortunate that you will have to hear some added noise. Deal with it. With people like you there would be no railways, highways, stores and a host of other necessary and helpful infrastructure that improves many, many lives. Your argument remains a selfish one that cannot be justified vs the broader benefit. I thought that liberals like you looked out for their fellow man? Or is this only the case when it doesn't impact you personally.
The law allows for appeals. A vocal minority that votes, or doesn't vote, for local politicians will have much less impact on the rendering of legal judgments which is how it should be.
Just the Facts
8:04 am on Tuesday, March 8, 2011
20 year resident-
Unfortunately , you have been misled
Atlantic Health Systems can place their "neuro" center anywhere. They are a large organization with multiple facilities. In a year of testimony they demonstrated no reason it must be placed in Summit. In fact there are multiple centers like this in NJ.
As far as "saving lives" and "time constraints," testimony by Atlantic Health System Drs showed potential patients are moved from their homes, to their local hospitals, stabilized and then potentially move to Summit. Many will be transported by ambulance, because it is faster then arranging for a helicopter to come, getting a patient prepared, moved, unloaded and then served. The time lost in that process will be the critical time in their care. Further they are not forecasting one or two, but multiple flights a week in bound and out-bound, any time of day or night. The strategy does not only impact our town, but every one those flights will now go over including Springfield, Short Hills and homes up and down the 78 and 24 corridors.
Further, while Atlantic Health Systems claims that they will only use this for their neuro center, they also made a similar claim of limited use when they applied in Morristown. Testimony shows that they do not abide by their initial agreement and the town has no recourse. They consistently refused to share their Master Plan with the residents of Summit.
I suggest you read the testimony and learn the facts before responding.