and any representative of the council person's office will also be given an opportunity to
testify it isn't simply a hear and hold it is a hear and resume right you understand councilman
that so it's not what we typically did prior to covid right we're actually going to hold it
until there is a an rco meeting and get any feedback from that that that whatever comes
out of that meeting then the board will make its decision okay there will be another hearing
um and assuming assuming council is there for the protestants um there'll be a fresh presentation
by the i i it was a very brief presentation i've i sat sat here through it um there'll be a a brief
presentation by the applicant refreshing the board about their presentation today
and also being able to answer questions from counsel at that hearing correct at the beginning
that's correct before the protestants get yes okay yes i appreciate that and could you correct
the record that i agreed to that or my office agreed uh so noted okay because i i did not agree
to it i wanted a flat out continuance okay and could you think that could could you be a little
generous with the time we really have to i don't think i don't think you need to ask us that
question we're way out there tanya will uh do you have a date or you want to get with them to get
back to you tanya because i i don't see this happening before the end of june january i will
provide a date um if this is complete or when it's complete i will have a date okay and i just
want to clarify for the councilman's benefit we did provide written notice to all of the required
addresses multiple times and received no comments from the community so we mailed letters notifying
them of this plan um on at least two occasions and no one responded or reached out so above and
beyond the rco staff um none of the neighbors responded either i could i know and we we in my
office, myself, my staff, Alice particularly, we deal with counsel all the time, including
your office. We've had no contact except CCs, carbon, you know, being copied on emails. And
nine times out of nine, usually, we get contacted by the attorney. What's going on here? We'd like
to get this set up. This is an extraordinary hardship case on behalf of the RCO, above and
beyond COVID. And while counsel's speaking, I would like counsel to recognize and correct the
record that where she stated earlier in the hearing that this hearing was agreed to by
hearing and hold was agreed to by councilman's office. That is not the case. I believe what I
stated was I responded to Ms. Tenari's question of whether an RCO meeting was held and that I
reiterated the conversation at the beginning of the meeting that we agreed that we would hold the
hearing today with a follow-up date at a set date. I think Ms. Sunkett was projecting in January
to reconvene and complete the hearing. Ms. Bismarck, I listened to you intently. You said
the councilman's office agreed with you to hold the hearing and hold today to have the hearing
and hold today that is what i'm objecting to that that's a misstatement and
That is what I'm objecting to. That's a misstatement. And I want the record corrected because I and my office did not agree to the hearing and hold today.
I may have misheard, but I believe Ms. Udovich said okay when that was projected.
I think what happened, Councilman, I think it's a question of semantics. We typically would do hearing holds, as I said a few minutes ago.
but that that's that process has changed so i think it was just a kind of a misinterpretation
of what we're actually providing you with is we're going to resume this hearing on a specific date
at which time you know we'll get any feedback from you your office sabatina's office and the rco
okay as long as it's clear that i did not agree to the hearing and and uh uh that's a real stretch
And also, I would just ask the board, when something is a serious use change, like going from a certain number of twin single homes to a mid-rise multifamily apartment building, that hearing and hold is really not appropriate.
You've got to have all the parties in the room.
It's just too serious a variance.
to uh to deal with that it was just a parking issue a dimensional issue a height issue
of that kind uh you know i can understand that particularly in the times we're in but this is
one where everybody should be in the room and uh to the extent we're virtually in the room and um
that's what we're doing okay well thank you i uh uh look forward to it and um if if um
tanya's on the line you know sometime in february would probably be the quickest we can make this
all happen so um it shouldn't be a problem with your schedule but uh the further back you can
push it the better um yes chair we do have february 3rd at 2 p.m as the new date okay thank you so
okay um planning commission do we need your input right now or not um all right mr sherman david
City Planning Commission. I think we prefer if it's okay with you to wait until we hear from
some other witnesses. That's why I asked. Okay, thank you.
Chair, did you want to hear the others that had their hand up or prefer to wait? We have Sabatina.
he's muted i guess you can see that i'm sorry but something's going wrong at february is that
february 2nd or 3rd oh let me look again i think you said two o'clock on the third i think you said
yes the third year at 2 p.m thank you all right uh mr sabatina please identify yourself with
record spell your name for the stenographer and i'll swear you in and hopefully you have uh you
can concur with the councilman's office the councilman if not give us something new and
different thank you chairman uh senator john sabatina jr s-a-b-a-t-i-n-a i'm the state senator
for uh this district uh comprised of 2100 benson street and i've heard numerous senator before you
ago, I apologize. I thought it was your dad. That's why I said, Mr.
Senator, do you swear and affirm to tell the whole truth and nothing but the truth?
Please proceed.
Thank you, Chairman. I just want to reiterate what the councilman had already stated. I've
received new, my district office is about two blocks away, two or three blocks away from this
property. And I've had numerous people from Hofnagel and Benson Street voicing their concerns
about the proposed building. I do want to also reiterate the hardship that Ron Hurst Civic
Association is going through, not only dealing with COVID, but the loss of their president.
And, you know, it's been difficult to restructure the RCO during COVID and just given his absence.
I echo the sentiments to the councilman.
It's zoned RS3, which is residential houses, which is, you know, congruent with the nature of the block itself.
There's no hardship presented by council, and, you know, I intend a fully animated audience in February regarding the opposition to this project.
the opposition to this project thank you thank you uh anyone else uh we're going to continue
Thank you.
Thank you.
this case so i don't even know if we need any more testimony but somebody here we do have
sabatina on the line as well which i believe is i'm ready to speak senior
hello hey jocelyn go ahead john yeah this is john sabatina senior s-a-v-a-t-i-n-a
uh i do swear to firm to tell the truth the whole truth nothing but the truth
i do please proceed uh i normally represent the lawnhurst civic association however uh i have
I've just recently gotten out of the hospital with COVID-19, which has obviously set me
And I still have not been released to practice or go into the office.
I'm at home.
I'm speaking to you from my house.
So I respectfully request a continuance based on my sickness, which prevents me from getting
involved with this case and in presenting a opposition.
Thank you. And as you said, you've probably heard this case is going to be continued to
February the 3rd. But I would like to request that it's more of a bifurcation rather than just a
here and hold
where we really don't get a chance to
present? No, it's not a here and hold.
You're going to have a full meeting
with your RCO and the applicant
and the board will
consider any testimony coming out of
that meeting
or meetings.
Will we be able to
testify in front of the board as well?
Yeah, we're going to resume the hearing on
February 3rd at 2 p.m.
All right then.
All right, John?
all right thank you all right you get better stay well talk to you anyone else i think uh
i'm going to move on we really don't need any other comments at this time so yes
mi 2020-000735 2100 benson street this hearing will be resumed on february the 3rd at 2 p.m
at which time we will consider any feedback related to the RCO and the council person and senator's office at that time.
Thank you.
2020-001538, 7800 Busselton Avenue.
I believe we had a similar agreement on this earlier to have a resumed hearing if I'm not
mistaken.
That's correct.
Is there anyone here?
Chair, we have Justin Kirk.
Thank you, Mr. Kirk.
Please identify yourself with the record.
I think I swore you in earlier today.
You're still under oath.
Thank you. Thank you. So members of the board, Justin Crick, K-R-I-K, last name. I'd like to proceed. I just want to clarify any concerns that there may have been with the Ronhurst Civic, because I believe that this application is substantially different and substantially more de minimis than the prior one.
um so so i don't know if you the board wants to address whether this would be the type of
here and hold um but i do i do have some concern about the hold if the rco is looking to wait until
february uh again this and i'll i'll wait for the the formalities to start about the refusal and
stipulating to its accuracy etc but the the nature of this is for a um a group practitioner
or dialysis center to be just put on the first floor of a building that already has senior care
rehabilitation long-term care facility on it it is not for anything more substantial than that so
to wait till february for a hold might be a little difficult we don't believe that there's really any
impact this would have on the neighborhood considering the existing uses authorized at
this property and i'd be happy to present on that but i just wanted to address considering
the council person and the Sabatina gentleman's input. I want to make sure that
I understand the path moving forward on this application, if that's okay.
I understand the path moving forward on this application, if that's okay.
Fine. So let Carol, you begin, and then we'll get into the issue of the hold.
Okay. Do you agree to wave and stip?
Yes, I do.
Okay. And I'm assuming, I think this is what I should be saying, that you have met with the RCO,
and you have an exhibit packet presented to this board with proof of ownership, tax compliance,
refusal, referral, photos, and plans five days prior to this hearing. Is that correct?
The submission of documents is correct. Unfortunately, again, for the reasons set
forth before, we did not meet with the RCO at this time.
Okay. Thank you. You may proceed.
thank you um and i'll share my screen just to express and go through it as though we're
proceeding and then um i will gladly you know allow others to weigh in on that uh members of
the board what we're dealing with here is the property at 7800 bustleton avenue and an application
for a group practitioner in an existing structure with other previously approved uses what we
received is the refusal because that this is an RSA 3 residential zoning district. A group
practitioner facility is not permitted. To give everyone a little bit of bearing, we are located
at on Busselton Avenue between Borbeck and Hartel. This is a better aerial view of the property. It
used to be a nursing home, etc. that many people may recall. It's been that way for decades.
Even though this parcel is RSA-3, it clearly has not been used entirely in that way, although, again, there is a long-term care facility present in the majority of the upper floors of the building.
This is a photograph of the Busselton Avenue side of the building.
And this is also another photograph of the Busselton Avenue portion.
And then this is, I believe, the, give me one moment.
This is the Hartel side of it.
I think it's Glendale on the other side, but yeah, on Glendale Avenue.
So the photograph, the side photograph is from Glendale Avenue.
What we're seeking to do here is repurpose a portion of the first floor space.
to accommodate a dialysis center that will service primarily the current long-term care
elderly patients, but it would be a separate business operating within that area. There are
definitely similar services already provided through the Roosevelt Rehabilitation and Healthcare
Center that's already at the property, but this is a more thorough dialysis center,
and a little bit more of a close-up of the approximately repurposing of 5,300 square feet
of the first floor of the building as shown here with several dialysis stations available to the
public. I'm sorry, to the residents, but also some members of the public. It's inpatient and
outpatient treatment available. This is being brought by the Mayfair Property LLC, owner of the
intended owner of the property and seeking the intended use. We do have a tax clearance
certificate that was obtained, and we are basically just seeking to have this approved
to allow that process to start so that the facility can start to provide this dialysis
to the neighborhood. We don't believe that there is any harm to the neighbors out of this,
considering its existing and consistent use in this fashion. We believe that there would be a
hardship to refuse the ability to use the property for what it's been approved for in the
past, especially where the use is so congruent with the existing services being provided in the
property. Again, it's a very straightforward use variance. And aside from the RCO conversation,
I would like to have the owner's representative, Dina Napolitano, unmuted in order to adopt testimony if we're moving forward in that way.
She's been unmuted. She's available to speak.
Thank you. Dina, can you please state your name and spell your name for the record?
can you hear me now yes okay it's dina napolitano d-i-n-a last name
Okay. It's Dina Napolitano, D-I-N-A, last name Napolitano, N-A-P-O-L-I-T-A-N-O.
And what else did you need?
And if you could state your address for the record as well.
The office address is 1608 Route 88, Suite 200, Bricktown, New Jersey, 08724.
Thank you. And have you heard my testimony to the board this morning?
Yes, I did.
And do you adopt the statements and the facts
that I've said as true as if it was your own testimony?
Yes, I do.
Thank you.
No further questions for Ms. Napolitano.
Chair, we have Senator John Sabatina.
can anyone hear me now yes yes sorry i had to leave and come back my uh computer malfunction
uh mr ms uh napolitano do you swear in a friend to tell the truth the whole truth nothing but the
truth i i i believe she had already uh testified to that but okay i didn't i didn't hear uh because
I had to leave. Chair, I do. Thank you. Okay. Thank you. Thank you. You're welcome.
Questions from the board? No.
Excuse me, Chair. We have two hands raised. One is Senator John Sabatina. Yeah, I'm going to get
there next. Anyone else would like to testify in this case, please raise your hand. And I thought
we had an agreement earlier, but I'm not sure if that's still the way we're going to go about
resuming this hearing at a later date. So is it the senator or the or senior?