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Former mayor sues boro
(by Megan Burrow - June 24, 2008)
Thomas Wanner, the former mayor of Westwood, has filed a lawsuit against the borough of Westwood, the current mayor and council, and the Westwood Planning Board.
The lawsuit concerns an ordinance amending the zoning regulations in the “H” zone (hospital zone), which was adopted by unanimous vote May 20. The ordinance cleared the path for
Hackensack
University
Medical
Center and Touro University College of Medicine (TouroMed) to open a hospital and medical school on the former site of
Pascack
Valley
Hospital , as well as allow for a multi-level parking garage and child-care center.
HUMC and TouroMed purchased the site together for $45 million at a federal bankruptcy auction in February. As the zoning regulations previously stood, a medical school would not have been an approved use of the site, which was zoned solely for use as a hospital.
Wanner contends that the ordinance is inconsistent with the master plan, property owners within 200 feet of the site were not properly notified of the details of the ordinance, and most importantly, there are no guarantees a hospital will open on the site.
Wanner said he does not believe the language in the ordinance is strong enough to ensure a full-service hospital will eventually open on the 20-acre site. He wants a judge to rule the zoning amendment invalid and order the borough to pay his counsel fees and court costs.
“This is not about me,” Wanner said. “This is about something that is going to effect all of the
Pascack
Valley residents. Unless they are actively involved we will not see the hospital. My concern is I don’t want to see a college open until there is a hospital. Period.”
Wanner’s attorney, Robert Regan, explained why he believes the zoning amendment is a problem. “It is spot zoning,” he said. “It singles out that particular property for zoning benefits unrelated to the master plan. It allows a medical school on the premises even if a hospital is not in operation, which could take months, or years, or could never happen.”
Because the ordinance allows for a medical school to be opened as long as HUMC is in the process of obtaining the necessary approvals to open a hospital on-site, Wanner fears the borough could be left with a college and what he calls a “medical mall,” a one-stop site housing various medical services, such as cardiac rehabilitation, outpatient services, and acute care services, instead of receiving the full-service hospital as promised.
“That’s why the definition is so important,” he explained. “There are specific words that can be added to ensure a hospital opens on the site.”
Mayor John Birkner commented that while Wanner is entitled to his opinion, he feels the ordinance was the best way to get a hospital back on the site. When asked if he had any concerns about the likelihood of HUMC opening a full-service hospital he stated directly, “I have no concerns. I am very happy with what has been presented to me by Touro and
Hackensack . They have a real and viable plan. Frankly, I question his motives behind this.”
Birkner explained that although the zoning amendment may be inconsistent with the borough’s master plan, “you have to realize that when the master plan was written, we had a hospital. We don’t have one anymore. Now, we’re going to get one back.”
He also expressed concerns the lawsuit could potentially push progress on the hospital’s opening. “Any delays are not only going to cost money, but also people their lives, and I have a real problem with that,” he said.
Birkner is scheduled to go on a “walk through” at the site next week. He said HUMC will be giving him periodic updates, and he will inform the public about any progress being made as the plans move forward.
HUMC has announced that it hopes to open a satellite emergency room in the fall and plans to apply for state approval to open a 150-bed hospital within the next two to three years.
The borough has yet to file a response to the lawsuit.
Megan Burrow's e-mail address is burrow@northjersey.com.
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