Ltr Diane Chandler Zimmerman enc documents 91224

SCARINCI | HOLLENBECK... 150 CLOVE ROAD, 9TH FLOOR ATTORNEYS AT LAW LITTLE FALLS, NJ 07424 201.896.4100 * sh-law.com WILLIAM C. SULLIVAN, JR. | Partner wsullivan@sh-law.com Phone: 201-896-7215 September 12, 2024 BY FEDERAL EXPRESS AND EMAIL Diana Chandler-Zimmerman, Secretary Zoning Board of Adjustment Township of West Orange 66 Main Street West Orange, New Jersey 07052 Re: Zinnia Health, LLC Use Variance Application/Appeal 33 Mt. Pleasant Avenue Block 88, Lot 26 Our File No.: 16018.1000 Dear Ms. Chandler-Zimmerman: Enclosed please find two documents in connection with this application. First, I am providing a memo summarizing the prior applications and approvals related to the subject property, along with copies of the Resolutions and other relevant documents. Second, I am providing the tax clearance provided to me by the Tax Collector. I am providing these documents to you in paper form and also electronically. I believe that we have now provided all the information required for the application to be deemed complete. Please advise if you have deemed the application complete. We request that we be placed on the earliest possible agenda. Thank you for your consideration. Very truly yours, /s/ William C. Sullivan, Jr. WILLIAM C. SULLIVAN, JR. For the Firm Page | of 2 4876-1531-0820, v. 1

Enclosures ce: Scott Burman John McDonough Page 2 of 2 4876-1531-0820, v. 1

TOWNSHIP OF WEST ORANGE S a 66 MAIN STREET, WEST ORANGE, N.J. 07052 utte VB He OFFICE OF THE TAX COLLECTOR NEW, TERE SUSAN McCARTNEY . Tel: (973) 325-4075 Mayor Fax: (973) 736-9182 KATHY LONGO Email: taxcollector@westorange.org Tax Collector VERIFICATION OF TAXES & SEWER CHARGES PAID DATE: 9/11/24 BLOCK: 88 LOT: 26 NAME: _ LS SB Canterbury, LLC ADDRESS: 33 Mt Pleasant Avenue PROPERTY IS TAX EXEMPT 2024 SEWER PAID IN FULL TOWNSHIP OF WEST ORANGE TAX COLLECTOR 66 MAIN i. 3EET WEST ORANGE, NJ 07052 PHONE (078) 325-4075, FAX (878) 790-3182 AN EQUAL OPPORTUNITY EMPLOYER www.westorange,org

CARPENTER, BENNETT & MORRISSEY LAW OFFICES THREE GATEWAY CENTER 100 MULBERRY STREET TELECOPIER NEWARK, NJ 07102-4079 TELEPHONES (201) 622-5314 (201) 622-7711 TELEX (212) 943-6530 139405 May 4, 1995 Mr. Aaron Frank, Chairman West Orange Zoning Board of Adjustment 66 Main Street West Orange, New Jersey 07052 Re: The House of the Holy Comforter 33 Mt. Pleasant Avenue West Orange, New Jersey Block 88, Lot 26 REQUEST FOR INTERPRETATION ed Dear Chairman Frank: I represent and am a trustee of The House of the Holy Comforter ("HHC"), a 15-bed licensed New Jersey residential health care facility located in the OB2 zone. HHC would like to upgrade and expand its existing facility to accommodate a total of 39 residents. On May 1, 1995, I met with Susan Borg, Planning Director, and Kim Ragoni, Zoning Officer, to discuss HHC’s conceptual site plan and was advised to seek an interpretation before the Zoning Board on whether HHC’s proposed use is permitted. The OB2° zone permits, among other things, "Hospital, Sanitarium and Nursing Home" uses. HHC, as a licensed New Jersey health care facility, falls within the continuum of these uses and, therefore, should be considered a permitted use. HHC was incorporated in 1920 to nurse, care for, shelter and provide a home for needy persons and, the same year, inherited the victorian house at 33 Mt. Pleasant Avenue. HHC gradually evolved into a home for elderly women and, in 1957, added a concrete block wing to the rear of the house which can accommodate 15 residents. In the late 1950’s, the New Jersey Department of Health licensed HHC as a boarding home for sheltered care and, in the 1980’s, licensed HHC as a residential health care facility.

& e CARPENTER, BENNETT & MORRISSEY Mr. Aaron Frank House of the Holy Comforter May 4, 1995 Page 2. Although the Zoning Ordinance does not define nursing home or residential health care facility, the New Jersey Department of Health, pursuant to the Health Care Facilities Planning Act (1971), N.J.S.A. 26:2H-1, et seg., defines, regulates and licenses both. A residential health care facility, like HHC, provides shelter, service and 24-hour supervisory care for its residents, N.J.A.C. 8:43-1.2. A nursing home is a residential health care facility which provides medical supervision and 24- hour continuous skilled nursing care to its residents, N.J.A.C. 8:33H-1.2. Inc. v. Franklin Lakes, 179 N.J. Super. 203, 216 (App. Div.), certif.denied, 87 N.J. 428 (1981), the Court, when faced with a zoning ordinance which conditionally permitted hospitals but excluded nursing homes, said: Nursing homes and hospitals are uses which in our view are so similar both physically and functionally that their disparate classification for zoning purposes could be justified only on compelling public policy grounds. We perceive none. We are aware that this court reached a different conclusion in Bellings v. Denville Tp., 96 N.J. Super. 351 (App.Div. 1967). But we point out that Bellings was decided prior to the virtual revolution in health care facility control and regulation effected by ( subsequent federal and state legislation and implementing administrative rules. It is * made abundantly clear by this complex of legislation that residential health care . facilities of whatever nature constitute an integrated, comprehensive system of health care delivery service subject to unified and integrated state policy, planning and control. See, e.g., N.J.S.A.26:2H-1, reposing in the State Department of Health “the central, comprehensive responsibility for the development and administration of the State’s policy with respect to health planning, hospital and related health care services...and all public and private institutions, which State, County, municipal, incorporated or not incorporated, serving

vo » © CARPENTER, BENNETT & MORRISSEY Mr. Aaron Frank House of the Holy Comforter May 4, 1995 Page 3. principally as residential health care facilities, nursing or maternity homes or as facilities for the prevention, diagnosis or treatment of human disease, pain, injury, deformity or physical condition..." The State and Federal Governments having thus integrated nursing homes and hospitals within a single system for purposes of control and regulation and subjecting both to the same certificate of need prerequisites, we are satisfied that they cannot be disparately treated for zoning purposes--at least not on the basis of any legitimate public policy which would justify the exclusion of one and inclusion of the other within the same zone. For the same reason, licensed residential health care facilities, like HHC, and nursing homes should be classified for zoning purposes as identical uses.' Since the Zoning Ordinance permits hospitals and nursing homes in the OB2 zone, HHC requests that this Board interpret the ordinance as permitting HHC’s current and proposed use because it is within the continuum, classification and definition of these permitted uses. Very truly yours, p_Q.e —_. WAC: gmm William A. Carpenter, Jr. 'In 1993, the Legislature amended N.J.S.A. 54:4-3.6 "Exemption of property of nonprofit organizaitons," which, among other things, exempted buildings used for hospital purposes by stating that the term hospital purposes "includes health care facilities for the elderly, such as nursing homes; residential health care facilities;***."

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