Zoning Board Expert Sees 'Inherently Beneficial Use' in Vista Project

The Wyckoff Zoning Board heard final arguments in a portion of the Christian Health Care Center's Vista Project application Monday night.

Board members heard from the applicant's planning expert, , and the board's planning expert, , and will await legal briefs from both attorneys before rendering a decision regarding the application's "inherently beneficial use."

"I think you can reasonably and logically begin to conclude that indeed this facility... functions indeed as a well rounded full service facility," Kauker said. "I would second and agree with Mr. Preiss's analysis, observation and determinations as [they] relate to whether or not this project — the Vista, as proposed — is inherently beneficial and recommend a similar review and analysis on the part of the board."

Kauker, of the Wyckoff firm Kauker & Kauker, intimated that planners would do well to see many aspects of the Vista project — including a number of "enhanced facilities... not in typical assisted living facilities" — as inherently beneficial.

If the board were to agree with Kauker's assessment, they would not be approving the application nor prohibiting future changes to the applicant's plan — just nudging the expansion a step closer to approval.

The board's decision concerning the inherent benefit of the proposed 258-unit Vista expansion would then determine the rigor of the criteria by which the application would be judged further — Sica v. Wall Board of Adjustment., (1992) for an up vote, or Medici v. BPR Co., (1987) for a down vote.

From the text of the law that established "inherently beneficial use:"

“Inherently beneficial use” means a use which is universally considered of value to the community because it fundamentally serves the public good and promotes the general welfare. Such a use includes, but is not limited to, a hospital, school, child care center, group home, or a wind, solar or photovoltaic energy facility or structure.

Kauker also challenged some assertions made by the opposition planner Peter Steck, including a "lack of connectivity" between buildings on the CHCC campus and an overly critical slope on the west corner of the site.

The board is expected to hand down its decision regarding the application's inherently beneficial use at the June 18 meeting.

Stay with Wyckoff Patch for more on this developing story.