April 17, 2025 , Regular Meeting

3.) ZB-24-12 —- LS SB Canterbury/Zinnia Health (Carried from 2/13/2025) 33 Mount Pleasant Avenue Block: 88; Lot: 26 Application for Appeal of Action of Zoning Office and D Variance PRESENTATION ¢ Mr. William Sullivan, Esq. entered the record on behalf of the applicant. Mr. Matthew Dolan, Esq. entered the record on behalf of the objectors ¢ Chairperson Neuer addressed Mr. Dolan’s Planning Report submitted where he stated that it will be in the file with the three (3) lawsuits information and suggested that the Professional Planner send it separately as Mr. Warner has advised that it should not be admitted into evidence until the Planner’s Report is sent separately as a stand alone submission. Mr. Dolan asked the Chairperson if the lawsuits could be for example FCC fraud one versus Mr. Katsen could be admitted into evidence an considered for the purposes of impeaching Mr. Katsen’s creditability. Chairperson said that when it is properly authenticated, the Board can consider that. Mr. Dolan asked if the court document (which in his opinion is self-autheticating) was downloaded by himself. Chairperson Neuer said it should be a certified copy. ¢ Mr John McDonough, Professional Planner was sworn under oath. BOARD QUESTIONS ¢ Mr. Cohen asked how this application is being compared to a hospital. Mr. McDonough said that this use has been withdrawn, ¢ Mr. Cohen asked what the actual variance is for. Mr. McDonough said that it is for the (conditional) use to service the community. e Ms. Miller referenced the initial application stating that there were no prior applications/resolutions and yet the report from the Nishuane Group stating that there was an application ZB-95-16 and wanted to know if he had access to that. Mr. Sullivan answered that after submission of the application the resolutions were supplied as well. ° Mr. Dubovy asked that since there are 22 parking spaces yet during peak daytime hours 35 employees will be on site, where those additional employees and visitors be parking. Mr. McDonough referenced Exhibit A-3 Zufall Photograph as to where overflow parking will be taking place. ¢ Mr. Dubovy asked in regard to security with previous facilities if he knew the number of patients that have left the premises without permission and required intervention by the staff and/or by the local police. Mr. McDonough said that he does not know the answer. ¢

he knew the number of patients that have left the premises without permission and required intervention by the staff and/or by the local police. Mr. McDonough said that he does not know the answer. ¢ Chairperson Neuer said that in Mr. McDonough’s report he referenced the Jaber Case versus The Township of West Orange and asked if in Mr. McDonough’s opinion, if the use of this site is inherently beneficial. Mr. McDonough said yes. e Chairperson Neuer said that in Mr. McDonough’s report he also referenced House of Fire versus the City of Clifton and asked for an explanation in regards to that case. Mr. McDonough said that case is a Coventry standard stating that when you find a conditional use and an inherently beneficial use. He then went on to explain the SIKA test for inherently beneficial uses. PROFESSIONALS QUESTIONS e Mr. Williams asked about the second prong of the negative criteria of the application and the proofs used. Mr. McDonough answered that the first thing he went after was the actual zone and the impacts in the district. It was in his conclusion that the departure from the Zone scheme is not so substantial that it would alter the character of the zone district and utilized the Master Plan to see if it adhered to the goals of the it.