Ltr Diane Chandler Zimmerman enc documents 91224

® & Township Of West Orange 66 MAIN STREET, WEST ORANGE, NEW JERSEY 07052 DEPARTMENT OF PLANNING AND DEVELOPMENT SAMUEL A. SPINA Mayor TEL: (201)3 25-4110 FAX: (2019325 6359 SUSAN BORG ALA. Phuning Director TO: Zoning Board of ‘20 Members wy) FROM: Director Susan Boe PP. ALA. DATE: May 10, 1995 RE: ZB-95-16/The House of the Holy Comforter 33 Mt. Pleasant Avenue Block: 88; Lot: 26; Zone: OB-2 DISCUSSION The applicant has applied for an interpretation of the West Orange Zoning Ordinance as to whether a New Jersey licensed residential health care facility is a permitted use in the OB-2 zone Hospitals, Sanitariums and Nursing Homes are permitted uses in the OB-2 zone, however the term nursing home is not defined in the Ordinance. The applicant has submitted a brief which I believe supports the position that a licensed residential health care facility is a permitted use under the term nursing home. This applies to "extended care" facilities and "congregate care" facilities licensed by the State of New Jersey. However, to be certain this applies, the applicant should define “residential health care," “extended care," congregate care," and "nursing home." Zoning and land use is a dynamic field which continually has new terms and types of businesses. When the Zoning Ordinance does not include new terms, the intent of the ordinance must be reviewed. I think the intent of the Zoning Ordinance is to permit hospitals, nursing homes and sanatariums includes uses similar to these being proposed, such as licensed residential health care, extended care and congregate care. However, I would like these terms defined in the ordinance and also some conditions added which consider lot size, buffers, etc. for large institutional buildings such as churches, schools and nursing homes. SB:cea. ce: William Carpenter, Esq.

BOARD OF ADJUSTMENT OF THE TOWNSHIP OF WEST ORANGE RESOLUTION ZB-95-16 WHEREAS, The House Of The Holy Comforter, ("The Applicant") maintaining an office at 33 Mt. Pleasant Avenue, West Orange, New Jersey applied to the West Orange Zoning Board of Adjustment ("The Board") to request an interpretation to determine if the permitted uses of hospitals, nursing homes, and sanitariums include a licensed residential health care facility, which is what Applicant conducts at 33 Mt. Pleasant Avenue, West Orange, New Jersey same being in a OB-2 Zone, being Lot 26 in Block 88, and WHEREAS, the Applicant presented proof that adequate notice of the hearing on said application was published in The West Orange Chronicle, one of the official newspapers of the Board; and WHEREAS, the Applicant submitted proof of service of notice of the hearing upon all property owners within 200 feet of the property; and WHEREAS, the application was heard at a public meeting of the Board on May 18, 1995; and WHEREAS, the Applicant made their presentation through William A. Carpenter, Jr., Esq. as their attorney, who is also a Trustee of Applicant and submitted proof Applicant is a licensed residential health care facility, and explained the operation; and

WHEREAS, Patrick E. Brady, Health Care Consultant, testified; and WHEREAS, no one else appeared at the meeting; and WHEREAS, all the facts and data contained in the submitted application and all the facts and testimony adduced at the public hearing on said application are incorporated herein as Findings of Fact of this Board as if set forth at length herein; and THE BOARD HAVING MADE THE FOLLOWING SPECIFIC FINDINGS OF FACT AND CONCLUSIONS: A. The Applicant is the owner of the Property located at 33 Mt. Pleasant Avenue, West Orange, New Jersey, known as The House Of The Holy Comforter. B. The Property is located in the OB-2 Zone of the Township of West Orange, and is designated as Lot 26 in Block 88 on the official Tax Maps of the Township of West Orange. c. Residents of the facility do not drive and do not have freedom to come and go but are essentially confined. D. There are no in-room cooking facilities. E. Residents must eat in a central dining room location. F. The facility provides nursing and medical care, and a licensed pharmacist reviews the charts of each resident. G. Residents are not able to fully care for themselves and need varying degrees of assistance.

H. As a licensed residential health care facility, the facility is regulated by the State Department of Health. I. The Applicant seeks an interpretation declaring that its use as a licensed residential health care facility is a permitted use in that such use is so similar to permitted uses such as nursing homes, hospitals, and sanitariums. J. This interpretation is limited to the facts of this application. A motion to grant the Applicant’s request to declare their use as a licensed residential health care facility as a permitted use in the OB-2 Zone was made by William Sullivan, seconded by Steven Werner and voted upon as follows: AYES NAYS ABSTENTIONS Abeles DeSantis None Dorey Frank Sullivan Williamson Werner NOW, THEREFORE, BE IT RESOLVED, that the Zoning Board of Adjustment of the Township of West Orange, based upon the Findings of Fact and Conclusions aforesaid, and upon the laws established in the State of new Jersey, hereby declares that the Applicant’s use as a licensed residential health care facility is a permitted use in the OB-2 Zone at their present location at 33 Mt. Pleasant Avenue, West Orange, New Jersey. 3

MOVED BY: Sullivan SECONDED BY: Werner THOSE IN FAVOR: 3 THOSE OPPOSED: 0 ABSTENTIONS : NONE I hereby certify that the foregoing Resolution was adopted by the Zoning Board of Adjustment of the Township of West Orange at its meeting of June 15, 1995 and that said Resolution memorializes the action of the Zoning Board taken at its meeting held on May 18, 1995, granting said application by a vote of 4 in favor and 3 against. LH Xba CATHERINE ADSITT, Board Secretary

e @ Township Of West Orange 66 MAIN STREET. WEST ORANGE. NEW JERSEY 07052 DEPARTMENT OF PLANNING AND DEVELOPMENT ‘TEL: (201)325-4110 FAX: (201325-6359 April 9, 1996 William Carpenter, Esq. Gateway Three 100 Mulberry Street Newark, NJ 07102 RE: PB-95-16 / House of the Holy Comforter 33 Mt. Pleasant Avenue Amended Site Plan Dear Mr. Carpenter: Enclosed please find a copy of the resolution that was adopted at the April 1, 1996 West Orange Planning Board meeting. Signed site plans will be required prior to the issuance of any building permits. Please submit eight (8) sets of revised plans for signature. If you have any questions, please let me know. Yours truly, Migdalia Wagner Planning Board Secretary Enclosure ce: Max Manshel, Esq. ‘Director Leonard Lepore, Municipal Engineer Thomas Biondi, Construction Official Kim Ragoni, Zoning Officer ORIGINAL FIIF COPY

& '@ ' Signed Site Plans Required Prior to the Issuance of Building Permits PB-95-16 PLANNING BOARD RESOLUTION GRANTING PRELIMINARY AND FINAL SITE PLAN APPROVAL AND PARKING VARIANCE ON APPLICATION BY THE HOUSE OF THE HOLY COMFORTER LOCATED AT 33 MT. PLEASANT AVENUE, BEING BLOCK 88, LOT 26, ZONE OB-2 WHEREAS, the Planning Board of the Township of West Orange, at its regular meeting held on March 6, 1996, considered the application for preliminary and final site plan approval and a parking variance, at 33 Mt. Pleasant Avenue, being Block 88, Lot 26, Zone OB-2, West Orange, which was submitted by The House of the Holy Comforter ("Applicant") through its attorney, William A. Carpenter, Jr., Esq.; and WHEREAS, the Planning Board considered the testimony and the presentation of the Applicant for conceptual site plan review on July 12, 1995; and WHEREAS, the Planning Board considered the presentation of William A. Carpenter, Jr., Esq., attorney for the Applicant; the testimony of Leon C. Hall, P.E., Applicant’s engineer; Edward Z. Wronsky, Applicant's architect; and Anthony Russo, Applicant’s treasurer; and WHEREAS, statutory notice and publication of the meeting having been provided and Exhibit A-1 placed into evidence; and

WHEREAS, the general public having been given an opportunity to be heard and Clinton Hoch, President of the Committee of Managers of the Llewellyn Park Proprietors Association; Alfred J. Luthy, 18 Wildwood Avenue; and Sharon Boyantowski-Cardiellos, 43-45 Mt. Pleasant Avenue each spoke in favor of the Applicant; and the Planning Board having made the following findings of fact: 1. The Applicant is a New Jersey non-profit corporation and is continuing an existing use on the premises as a licensed residential health care facility (home for the aged), which the Board of Adjustment determined on May 18, 1995 to be a permitted use in the OB-2 Zone; 2}. It has been demonstrated that the 26 parking spaces provided on the plans submitted by the Applicant. more than adequately address the needs required on the site; the requested parking variance will not substantially impair the intent and purpose of the Master Plan and the Zoning Ordinance and its approval will not involve any substantial detriment to the public good; 3. Since this site borders a residential zone and is itself residential in character, there is no need for exterior lighting to exceed that which is required for residential zones and, therefore, the OB-2 Zone lighting requirement is waived; 4. The Applicant has obtained the approval (aatea 12/18/95) and permit (filed 1/11/96) from the Department of Environmental Protection for a stream encroachment and surface -2-

outfill structure for storm water drainage in its rear yard and is seeking the approval of the Essex County Planning Board and Township Engineer to construct an underground storm water detention basin connected to the County storm water system ag an alternative and, if approved, tha Applicant will preserve the existing rear lot that is undisturbed by the building addition as a lawn and reserva thergon 15 spaces for future parking. 5. This development will not have a harmful effect on the environment and thus the requirement for an Enviromental Impact Study is waived. 6. The development will not measurably increase traffic generated from the site and the traffic study requirement is waived. NOW, THEREFORE, BE IT RESOLVED that the requirements for a Traffic Study, an Environmental Impact Study, and the OB~2 Zone lighting requirements be and they herahy are waived with respect to this application; and BE IT FURTHER RESOLVED that the application for variance from the requirements of the parking regulations whereby 50 are required and 26 are Proposed, ba and it hereby is granted and the Applicant is also required to provide 15 spaces for reserved future parking if tha Eseex County Planning Board and the Township Engineer approve the Applicant’s underground stern water detention basin design; and BE IT FURTHER RESOLVED that the site Plan dated August 16, 1995, revised November 28, 1995, for property located a3-

at 33 Mt. Pleasant Avenue, being Block 88, Lot 29, Zone OB-2, West Orange, be and it hereby is approved, subject to the following conditions: 1. The Applicant shall submit landscape plans to the Township Planning Director which are subject to the recommendation of the Environmental Commission and approval of the Township Planner. 2. The Applicant the parking lot and driveway requirements for residential the Township Engineer. 3. The Applicant Essex County Planning Board. 4. The Applicant The foregoing is a by the Planning Board of the DATED: -Mareh27>—1996 Ape 1, 17K shall which zones shall shall install exterior lighting on does not exceed the and meets with the approval of obtain the approval of the pay all applicable sewer fees. true copy of the RESOLUTION adopted Township of West Orange. latalip_ MIqDIATA WAGNER 0