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ASSISTED LIVING FACILITIES IN RESIDENTIAL ZONED AREAS

"Assisted Living" Facilities Target Bernards Township

In the last 2 years two separate development applications were submitted in Bernards Township for building assisted living facilities in town. One was from Sunrise Development, a for-profit corporation based in Northern Virginia, the other from the non-profit organization that runs the Ridge Oak senior citizen housing facility.

A public hearing on the proposed Sunrise Development assisted living facility was held on October 2nd 1997. The township committee discussed the proposal at its September 19th meeting with regard to a plan for granting a necessary zoning variance in return for having 20% of the units be assigned as affordable housing. No conclusion was reached. There was neighborhood protest to the development, since the land is zoned 3 acre residential and development of the facility might have renewed efforts at commercial development between the site and Rt. 287. As recently as 1993 attempts to develop property in the area for commercial use have been proposed and turned down.

Then Mayor Kevin Krause was quoted in the local paper as saying "There's always opposition because [assisted living facilities are] in buildings that look like hotels in a residential area."

The developers of "Sunrise at Basking Ridge" were looking for 4 variances: a use variance (assisted-living vs. single-family home), a height variance (37+' roof and 44+' turrets vs. 35'), a lot coverage variance (26.1% vs. 15% for single family home), and a variance for use of a sales trailer on the site during construction.

In response to questioning by Board members, Sunrise testified that there would be anywhere from 4 to 25 employees on the premises depending on the time of day and that, due to the nature of the facility, there would be employees on the premises 24 hours a day. The remaining parking spaces would be for visitors. It was not anticipated that residents would own cars. Sunrise also testified that the facility requires a state license: either a boarding house license from the Department of Community Affairs or a health care license from the Department of Health.

After several meetings of testimony and public comment, the Sunrise application was denied by the Board of Adjustment on 2/5/97. Sunrise sued the township in state Superior Court to have the application approved, but was not successful. They are currently (March 1999) in negotiation with a developer of a residential sub-division in town to build on a site along King George Road, outside the watershed.

The Ridge Oak application was heard in 15 hearings over 11 months. Again, there was great objection from the local neighborhood residents. At 7 acres of buildable land the site was considered small for a 77,000 square foot building, designed not only for assisted living but also out-patient services. There were also traffic and noise concerns, as well as potential drainage problems into the swamp from storm water runoff.

In December of 1998 the application was rejected by a unanimous vote. Ridge Oak filed suit in state Superior Court and also filed a discrimination suit in Federal Court, alleging that the rejection discriminated against the handicapped. As of this writing both suits are pending.

"ASSISTED LIVING" FACILITIES PROPOSED FOR MORRIS COUNTY

"Long Lives Spark New Housing Industry -- Morris Joining Boom In Assisted Living"

The lead article appearing under this headline on the front page of the Morristown Daily Record on Sunday, June 30, 1996 describes developers across the country joining a "frazzled rush" to fill the needs of housing for the elderly. The article identifies the following 10 projects in Morris County for which plans have been announced recently:

  1. St. Francis at Denville: 105 beds; not yet presented to zoning board.

  2. Sunrise at Morris Plains: 77 units; approved by zoning board.

  3. Troy Hills Assisted Living: 101 units; pending planning board approval.

  4. Edgewood Manor in Mt. Arlington: 154 beds; not yet presented to zoning board.

  5. Chelsea at Florham Park: 78 beds, approved by board of adjustment.

  6. Morristown Assisted Living: 102 beds; pending board of adjustment approval.

  7. Kessler at Chatham: 180 beds; presented conceptually to planning board.

  8. The Glen at Mendham: 85 units; pending zoning board approval.

  9. Sunrise at Madison: 79 units; pending board of adjustment approval.

  10. Fox Hills Adult Community in Rockaway Township: 100 assisted living units in a 680 unit adult living community; not yet presented to planning board.


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