Further Testimony, Public Comment to Come in Nursing Facility Application

The hundreds of residents who showed up to for the township's meeting to hear and comment on the land use variance application for a skilled nursing facility will have to return to at least one more meeting before a decision is reached.

After a sometimes rowdy crowd of onlookers sporadically interrupted the meeting with cheers and shouts — despite being asked by the board to remain quiet so a stenographer could accurately capture the proceedings — the body adjourned the Thursday meeting at 10:30 p.m., the advertised stopping time, with yet more testimony and public comment still to come.

The board selected Ridgeway Elementary's multipurpose room for the 3-and-a-half hour meeting after it was forced to adjourn its July regular meeting when an excessive amount of residents arrived, far more than could fit in Manchester's municipal complex. Township police parked outside of the school, and an officer was present inside.

The board heard a report from township planner Thomas Thomas, public questioning of him, and the testimony of an expert witness brought by Manchester Neighbors, the opposition group led by Rose Trafton, who lives near the proposed site.

Much of the meeting centered on Thomas' report, which assessed what impact the  if built.

"This use variance, which is being requested, also requires under the law, that the applicant demonstrate under the law that there are special reasons to support the granting of the proposed use variance," he said. "Those special reasons need to be positive criteria. That means the applicant has to meet one or more of the special reasons for proposed use."

"Land use law has already determined that nursing homes, hospitals and several other facilities are deemed to be inherently beneficial," Thomas said, adding that the negative impact, if any, would be less since the number of beds has been reduced by the applicant.

Harvey York, the attorney for the applicant, Manchester Rehab Realty, said that, based on some of the concerns of nearby homeowners, his client reduced the number of beds to 180 and will not construct any buildings closer than 100 feet from the property line.

Residents were allowed to question Thomas, though they were not yet able to give public comment. Nonetheless, some still offered up comments during their questioning of Thomas, and Reid had to remind them that it was not the proper time for statements since they were not sworn in to ask questions.

"We want to get everybody's views, we want everyone's comments, we want all the expert's opinions and that's what we're here for tonight," Reid said. Public comment from anyone wishing to make a statement will come after all testimony and questioning is completed. 

Many asked Thomas about traffic, something that was not part of his report and thus an issue he could not comment on. Since the entrance to the facility is proposed to be off of Route 571, that will require county approval.

York also provided a letter showing that a certificate of need for the facility, transferred from Royal Suites, LLC, in Galloway Township, is forthcoming. The board had previously asked the applicant if such a facility was necessary.

"It does not affect our special needs variance, because it is a decrease, not an increase," he said.

Lisa John, the attorney for Manchester Neighbors, asked the board to have the applicant's operations witness re-testify.

"With that change in numbers [of beds], it affects how the operations are going to work and how it will have an effect on the surrounding properties," she said.

York said that the change does not affect the operations of the facility, though it may affect the site plan approval, and did not want to bring back the expert who gave his testimony at the June board meeting.

Board attorney Christopher Reid said that the reduction does not have bearing on the night's proceedings, since it is a site issue and not a variance question, and allowed the meeting to continue without recalling the witness who was not even required to be present.

After lengthy questioning between attorneys as to whether Gail Rader, a medical facility operations expert, was qualified for use as a witness by the opponents of the application, the board allowed her to testify regarding her knowledge of how such facilities operate and whether one is needed in Manchester given what she saw as a decreasing demand.

Rader's testimony was completed just before the board planned to adjourn, leaving no time for the public to question her. Questioning will be held at another meeting, most likely in two months, the board said, since Rader will be on vacation during the board's next meeting, set for Sept. 22. It is again planned to be held at Ridgeway Elementary School. 

Should the board require a change of date or venue, that information will be made public prior to the meeting, the board said. 

The application for the facility has  with those living nearby since it requires a variance as the land is zoned as residential. Some nearby also worry that the facility could one day be used for drug and alcohol rehabilitation, even though Manchester Rehab Realty has not applied for those usages and could not change its operations without again going through the board's application process.

The case was first heard by the board in June, when only a handful of residents raised questions. Since then, a word-of-mouth campaign by those living nearby the proposed site has increased public interest, with many coming out to oppose the facility.

Four board members recused themselves from hearing the application on Thursday since they are live in Renaissance, a senior community near the proposed facility site. The bulk of those opposing the center are from that community and the board wanted to avoid any perception of conflict. They recused themselves now and not from the start because the Renaissance community only became involved last month. 

Reid said that, since a variance approval requires 5 votes in favor, members of the planning board will be used to fill in the empty seats. They will listen to all of the recorded testimony and attend future zoning board meetings, he said.