Overlook Appeals Helipad Ruling

Atlantic Health has formally filed an appeal with Union County Superior Court against the Zoning Board of Adjustment's denial of an application for variances to construct a helipad on the roof of .

"Refusing to accept the overwhelming decision of the community it purports to be a part of, Overlook has filed an appeal to the helipad decision in Union County Court," reads an e-mail from a group of residents who opposed the helipad application. "Community members must stay engaged to make sure Overlook’s legal dollars don’t steamroll Summit."

After more than 3,000 pages of transcripts and testimony from expert witnesses on everything from real estate values to acoustical impacts, on June 21 the Zoning Board of Adjustment first concluded that the helipad application should not get favorable treatment just because the helipad was attached to a hospital. Under zoning law, hospitals get favorable treatment because they are seen as inherently beneficial to the community. But the board voted that the helipad was not an "accessory" use of the hospital, and therefore should get no special treatment.

It then decided that while the majority did not feel the helipad is an inherently beneficial use, it would be best to proceed as if it were in case of an appeal. Zoning Board attorney Dennis Galvin said by approaching the vote in this way it would eliminate one argument the hospital could make before the courts on an appeal.

The board then . Sandy Bloom was the lone member who was in favor of the application.

Galvin said Wednesday that the City of Summit has not yet been served the "complaint."

Atlantic Health had 45 days from the time the Zoning Board prepared the written resolution to file its appeal with the county.

"We don't know what the tenor of the appeal is," Galvin said.

Once it is received, the Zoning Board will answer the complaint and then the case will move toward a pre-trial conference. A judge will then have to review the transcripts before a hearing in Elizabeth will occur.

Galvin said because of the nature of this case and because of the amount of transcripts, it could be between six and eight months before the case sees the light of a courtroom.

Bart Sheehan of Dempsey Dempsey and Sheehan, who is representing Atlantic Health in this case, confirmed that an appeal has been filed would not comment further because the complaint has not been officially filed with the city.

"It’s really disappointing to hear that the hospital after the Zoning Board had spent over a year analyzing every bit of information deciding that the helipad was not appropriate for town and the community made their voices heard that they didn't want this, it’s sad to think that the hospital is going forward to appeal the Zoning Board decision and the will of the people of Summit," said resident Tom Graham.

Stay tuned to Patch for more updates as this story unfolds.