Franklin Lakes sued over "arbitrary, capricious" denial of senior home application

Architect Steven Ruiz

FRANKLIN LAKES — The developer that had hoped to build an assisted care facility in the borough is suing the zoning board for what it claims was the "arbitrary, capricious" denial of its application.

Sunrise Development, Inc., is also claiming that the board failed to formalize its denial of the application within the mandated 45-day period. The board voted 4-3 on June 1 to deny the application.

"We believe there remains a large unmet need for high-quality senior care in Franklin Lakes and appreciate the public and board of adjustment’s feedback throughout this process, which we have incorporated into our designs," said Jerry Liang, senior vice president of investments and development for Sunrise. "We look forward to moving closer to our goal of providing local families this need for assisted living and memory care support services."

APPLICATION: Senior home proposed in Franklin Lakes

OBJECTIONS: Franklin Lakes residents challenge senior facility study

REDESIGN: Changes to Franklin Lakes assisted living facility considered

DENIAL: Franklin Lakes rejects senior home application

Calls to borough attorney Robert Davies and zoning board chairman Robert Bavagnoli were not returned.

Franklin Lakes' zoning board held six hearings on Sunrise's proposal to construct a two-story, 88-unit complex on 4.6 acres at the corner of Franklin and Shirley avenues. The proposed 73,207-square-foot structure was to be built on four combined single-family lots, excluding a 1.3-acre wetlands buffer.

A use variance was required because the properties were in a residential zone where senior facilities are not allowed. The developer claimed that another borough property, which was zoned for senior facilities, was unsuitable because of its dimensions and terrain.

In response to concerns that the building façade facing Shirley Avenue would overwhelm the residential neighborhood, Sunrise had provided an alternative design that reduced the frontage along that street.

But residents attending the hearings still objected to the application, questioning the adequacy of on-site parking for staff and visitors, and the ability of management to control illegal and on-street parking they said they have photographed at other Sunrise facilities.

Residents also challenged the need for the facility, estimating there were 16 senior facilities within a 10-mile radius. Sunrise, however, presented testimony that customers preferred placing their relatives no more than six miles away on average, and that there were no such facilities in the borough. 

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Franklin Lakes sued over "arbitrary, capricious" denial of senior home application