2325 COM Cover Letter re Zinnia Health Objection w Exs

7 i. The Applicant’s Planning Report asserts that this use should be considered an “Inherently Beneficial” use and as such, the D(1) variance request should be reviewed pursuant to the relaxed standard set forth in the Sica v Wall Township NJ Supreme Court decision, which does not require demonstration of site suitability or special reasons or the policy reconciliation/enhanced quality of proof test. ii. This author sees the proposed use not as inherently beneficial but rather as one of many commercial uses that have manifested to serve those with mental health disorders and substance addictions. It is noted that many medical uses that do good for their patrons are not afforded inherently beneficial use status. For example, any of the medical offices surrounding the subject site may be saving lives and reducing suffering but are not elevated to inherently beneficial status. They are simply providing medical treatment and care to people in need. Similarly, land use permitting applications for cellular communication towers and cell phone communication antennae are typically reviewed under the Sica standard of review, due to the many public benefits they afford. Yet, the Court stopped short of declaring cellular communications facilities inherently beneficial, noting they shall still be regarded as a commercial use. Thus, not every use that does substantial public good in New Jersey may or should be considered inherently beneficial. It is determined case-by-case. iii. Additionally, the proposed use is described in the Application Rider to the effect that it is all benefit and no detriment. However, the proposed use in the proposed location may be quite problematic, for the following reasons: 1. Introduction into a stable neighborhood of a facility that will house in a concentrated manner on a revolving basis a very large new population of troubled individuals who may come and go at will without their own transportation would be a sharp change in land use not contemplated or vetted by the Township Committee or Planning Board. It