Settlement Reached Between Berkshire Residents and Medical Facility Over Construction Project

A settlement between the property owners of the medical facility at 214 Terrace Avenue and residents in the neighboring community has been reached and legal counsels for both sides presented summaries during a special hearing held Tuesday night at the mayor and council meeting.

Special legal counsel for the borough Stephen Sinisi explained that this practice was conducted as per his recommendation under the decision “Whispering Woods verses Middletown Township” of which a governing body is obliged to conduct a hearing to review the terms of such proposed settlement.

, whose homes neighbor the medical facility , filed suit against the property owners citing several complaints against the facility’s ongoing construction project.

Residents of Berkshire Avenue found the work to be in violation of borough ordinance requiring the property owners to have sought variances from the borough for the work. One of the issues included the installation of a 10-by-12 foot generator which residents found to be in violation of the minimum distance between the facility’s property and a nearby residence.

The proposed settlement reached directs the medical facility to relocate the generator. Andrew Epstein, attorney for the medical facility, stated that it will be moved closer to the Terrace Avenue portion of the property rather than at the rear of the property which borders a residential home. The settlement also states that the property owner will be guided by the borough’s zoning officer in regards to any variances or site plan approvals needed as work continues.

Phillip Toronto, the attorney representing the residents stated that he believes that Epstein and his client will work to get this done quickly as his clients have had to live with this condition for quite some time. Although the residents can’t bring action against the medical facility as a settlement has reached, Toronto stated into the record that they do have the right to go back to court to enforce the settlement agreement if for some reason the property owner failed to perform the actions agreed upon.