Zoning Board Agrees to Objector Requests, Adjourns Nursing Facility Application

Manchester's zoning board granted a request made by those opposed to a proposed skilled nursing facility that the applicant re-submit plans after alterations to the original design were made last month, forcing an adjournment of September testimony on the matter.

The board expected to continue hearing testimony of the Manchester Rehab Realty on Thursday night in the township's auditorium, but decided to wait after considering a letter dated Sept. 21 presented by Lisa John, the attorney representing resident Rose Trafton and Manchester Neighbors, a group of locals opposed to the facility.

The letter argued that the site plans must be re-submitted since the applicant reduced the number of beds and said that no structure would be built within 100 feet of the property line at the 3086 Ridgeway Rd. location.

"One of the reasons is — and the main reason is — the submission of a new site plan," said board attorney Christopher Reid in front of a crowd of about 600. "At the last meeting the applicant stipulated that the facility would no longer be a 260-bed facility, it would be a 180-bed facility."

Reid said that the township planner and engineer agreed that a new plan should be on file and available to the public.

"Since there is a change, a new site plan must be submitted for review," he said. "The notice states that there is a copy of the site plan on file for review. Technically, now that it's down to 180 beds, that site plan needs to be updated."

The letter also raises issue with the bifurcation of the application into zoning and site plan portions, whether beneficial use has been demonstrated and the recusal of zoning board members without explanation by the board.

The members who recused themselves live in the Renaissance community, home to many objectors, and wanted .

"The board does feel that there are significant issues raised by Ms. John's letter," Reid said. "It is in the best interest of the hearing to postpone tonight and grant the request."

Harvey York, attorney for the applicant, said that he received the correspondence Wednesday afternoon and objected that it was sent to his office less than 24 hours before the hearing. 

York said that the notice provided was "proper" and that the modifications to the plan were a "downgrade." 

"Our view, however, is that we cease and desist from this hearing," York said. "Let's not have a hearing tonight. They want a new plan, they want to un-bifurcate the application, they want new notice. By all means, we'll be glad to do it."

York said that he is "glad" to comply with the requests because the applicant has "absolutely nothing to hide."

"This is an application that everyone can see. Everyone should be allowed to see it," he said. "We'll have it on file 10 days before the next hearing. We'll provide new notice. We'll put everything out there."

"There will not be significant changes," York said, adding that the original plan had many two bed units, while the new plan will have more single bed rooms. 

York offered that anyone interested in touring the applicant's other facilities — except for a Bayville location which serves developmentally disadvantaged individuals — should contact his office in Toms River.

Since the application will no longer be bifurcated into zoning variance and site plan parts, the board will vote on everything at once instead of voting first on the use variance as was the case until Thursday's hearing, Reid said. 

"That should cover any grey areas and we hope to move forward expeditiously," Reid said. All testimony already given will remain part of the record, he added after John asked for clarification of whether testimony would begin anew.

Some in the audience wanted to provide public comment at the Thursday meeting, but Reid reminded spectators that the residents will have the opportunity to voice their concerns on the record once all testimony has been given. At one point, an audience member began yelling questions at York until a asked her to take a seat. 

The board also determined that public correspondence sent to the members must be collected by the secretary and given to Reid to review for procedural issues while ensuring that public comment is made properly.

The application hearing will continue when the board again meets in the auditorium of Manchester Township High School on Oct. 27, said secretary Darlene Garcia.