2325 COM Cover Letter re Zinnia Health Objection w Exs

9 2. Special Reasons – The Applicant’s planning report asserts that several purposes of the Municipal Land Use Law would be advanced by the subject proposal. a. Purpose A – Project delivers a beneficial use. This claim is not supported in the planning report by credible evidence that the benefits of the use outweigh the detriments. b. Purpose G – Provide a variety of uses in appropriate locations according to the needs of the State’s citizens. Research by this author revealed that there are many residential/24 hour mental health and substance abuse treatment centers within 10 miles of the subject site, which may satisfy the need in this geographic area. The site is not a particularly suitable or appropriate location for this use, as noted above. c. Purpose I – Promote a desirable visual environment. The Applicant’s planning report cites the current appearance of the existing facility as a basis for advancing this purpose. This should be given very little weight in light of the potential detriments from the operation of the use. d. Purpose M – Promote the efficient use of land. Adaptive re-use of the existing building is more of a benefit to the applicant than the public, due to the potential for ongoing conflicts from the operation of the proposed facility. This point should also be afforded very little weight. 3. Prong 1 of the negative criteria, public detriment. a. The Applicant’s planning report asserts there will be no substantial detriment to the public on the basis of operational and management testimony by the Applicant. This conclusion is premature, as all stakeholders have yet to comment.