LAWRENCE: Judge upholds denial of detox center

The would-be developer of a 38-bed residential drug and alcohol detoxification center, proposed for an office park on Federal City Road, lost his second appeal challenging the Zoning Board of Adjustment’s d

By Lea Kahn, Staff Writer
   The would-be developer of a 38-bed residential drug and alcohol detoxification center, proposed for an office park on Federal City Road, lost his second appeal challenging the Zoning Board of Adjustment’s denial of a variance application last week.
   In Mercer County state Superior Court July 24, Judge Mary C. Jacobson upheld the zoning board’s rejection of the variance. The zoning board has denied the application twice, and developer John Simone has appealed each time.
   Mr. Simone, who is a principal in the Simone Investment Group LLC, wants Sunrise Detoxification Center to open a 38-bed residential drug and alcohol center in part of a vacant office building — one of three that comprise the office park at 100 Federal City Road. The Simone Investment Group owns the office park.
   The office park is located next to the Federal Hill single-family home subdivision and the Federal Point age-restricted subdivision. Many neighbors objected to the application, expressing concern that clients would leave the detoxification center in search of drugs or money to buy drugs.
   A variance is needed because a residential drug and alcohol detoxification center is not a permitted use in the Professional Office zone. The zoning would permit an outpatient facility, however.
   The initial variance was denied in June 2011, and Mr. Simone sued the zoning board. Judge Jacobson sent it back to the board after ruling that a detoxification center is an inherently beneficial use — one of the “special reasons” that a zoning board may consider in determining whether to grant a variance.
   An inherently beneficial use is defined in the state Municipal Land Use Law as a use that is considered to be of value to the community because it “serves the public good and promotes the general welfare.” Examples are schools, hospitals and houses of worship.
   The zoning board reconsidered the application in November 2012 and again voted to deny it. Mr. Simone challenged the denial and sued in Mercer County state Superior Court, which led to last week’s ruling by Judge Jacobson.
   Monday afternoon, Mr. Simone said he was “totally puzzled” by Judge Jacobson’s ruling, but that he is assessing his options — to take the lawsuit to the Appellate Division of state Superior Court, or look for a tenant for the building. That tenant could be an outpatient drug and alcohol facility, he said.
   ”I am disappointed, especially since Judge Jacobson heard the (appeal) the first time around and said it was an inherently beneficial use. This is a total reversal of her prior ruling,” Mr. Simone said.
   Mr. Simone said attorneys representing the Simone Investment Group and a prospective tenant are slated to meet this week to discuss a possible lease. The prospective tenant “is unlikely to be Sunrise Detoxification Center,” he said, adding that Sunrise and the Simone Investment Group are embroiled in lawsuits.
   The litigation — in which Sunrise Detoxification Center claims it has a lease with the Simone Investment Group and the Simone Investment Group claims that Sunrise Detoxification Center did not negotiate in good faith and never intended to sign a lease — is on hold, pending the outcome of Mr. Simone’s decision as to how to respond to Judge Jacobson’s ruling.
   ”I will meet later this week (with my attorney) to discuss what our action will be — to appeal or to sign a lease (with another tenant other than Sunrise Detoxification Center),” Mr. Simone said.