Update:
8/08
Thanks to the efforts
of Skylands CLEAN and its members and the foresight of the Ringwood
Zoning Board in hiring environmental engineer and planner John Thonet
who exposed the problems associated with the Bald Eagle Suites site
plan, this development never go off the ground. The denial of the
project followed closely on the heels of the enactment of the Highlands
Act, which precluded any future high-density development on the site.
Nonetheless, the developer, Sal Falciglia, used his earlier site plan
applications and the threat of potential commercial development on the
site to leverage the property's value as open space. In 2007, the
Borough of Ringwood purchased the 7-acre site as open space, making it
a community park. The site has since been dedicated as the Jerry
Wyckoff Natural Preserve, in honor of Jerry Wyckoff, a dedicated
environmentalist, first chairman of the Ringwood Environmental
Commission, and long-time supporter of Skylands CLEAN. The site
is now preserved in perpetuity.
Bald
Eagle Suites Plan Denied
November 17, 2004
Developer Sal Falciglia, Jr. was denied a needed use variance which
would have allowed his 100-bed assisted living facility to be built on
a busy corner of Skyline and Fieldstone Drives.
The Ringwood Board of Adjustment rejected the application on Monday,
November 15th.
Attorney Karl Sosland had presented experts and an unpublished court
case claiming that the development represented an inherently beneficial
use, and as such, should be allowed to go forward. Inherently
beneficial status would require members of the zoning board to assume
that the development had met the positive criteria needed to permit
grant the variance, and to use a different standard in determining
whether to allow the project to proceed.
The borough's environmental planner, John Thonet, reviewed the project
and noted several concerns with the site plan. First, stormwater
management was not meeting new stormwater rule requirements, which ask
that disturbance of the site, especially on steep slopes, be minimized
to limit erosion and stormwater runoff. Thonet testified that he
believed the applicant had not met this requirement. Further, he
testified that to build the project, the developer would have to
disturb nearly 96% of the site, and would basically regrade the entire
mountain by blowing off the top and moving 20 thousand cubic yards of
soil lower on the mountain to build an entrance road and sewage
treatment fields. This information particularly disturbed residents
from the adjacent Foxhill Lane neighborhood, as Thonet indicated that
nearly 6000 truckloads of dirt would have to be moved to complete the
project, and questioned how the developer planned to safely manage this
logistically. He also noted that several large retaining walls would be
required and that the site would essentially be stripped bare of trees.
A small berm and 6' pine trees would separate the existing residential
development from the proposed project.
Other concerns were expressed by residents, who zeroed in on several
health and safety issues that they felt should preclude the development
from being approved. Resident Ken Steinberg spoke eloquently about
emergency services, something several board members also cited at the
time of the vote, as a serious concern. With only one driveway allowing
access, access to emergency vehicles was a serious concern. The ability
of emergency workers to evacuate the building in case of a fire was
also cited, as one side of the building is three stories, and a new
ladder truck would be required. Additional strain on Ringwood's
ambulance services were also mentioned, since the corps could
potentially have to field many more calls and ambulances are often
called from other towns to respond when the corps is shorthanded.
CLEAN's director, Robin O'Hearn, also spoke in opposition to the
project as a potential violation of the Highlands Act. The project is
located squarely in the preservation area, and the DEP has already shut
down two other Ringwood projects that proceeded without Highlands
Council and DEP approval. CLEAN believes that the developer should be
directed to apply to the Highlands Council prior to obtaining an
approval from the Board, which might prompt him to begin construction
without appropriate permits. O'Hearn also noted that a prior
applicant, HAL, LLC had come before the board with a similar project
and had used the same law case (Sunrise vs. Board of Adjustment of
Madison) to claim inherently beneficial status, which did not result in
the board determining the project to be inherently beneficial.
The Board voted unanimously to deny the project, citing the health and
safety issues brought forward by the public as a main reason. Mr.
Faliciglia said that he plans to return to the Board of Adjustment with
a commercial project not requiring any variances.
Second
Bald Eagle Suites postponement angers residents and developer
September
15, 2003
A crowd
of residents from the Northgate Park section of town were on hand to
learn more about a proposal for 100 assisted living housing units
planned for their neighborhood. But early in the evening, Board of
Adjustment Chairman Tom Shaughnessy told the impatient crowd and the
attorney for the developer that for a second time, the Board failed to
have the 5-member quorum required to hear the application and vote on
his request for a use variance. Four of the Board's members were not in
attendance.
Residents, who had attended the meeting in July, were frustrated that
the hearings were postponed a second time. One resident stood to
address the Board, noting that "You promised us at the last meeting
that you would have a quorum for this meeting. This seems to be
getting very political. It seems that this is being postponed to get
past the election," referring to this fall's council election. Several
Board members appeared to bristle at the statement.
No one seemed more frustrated than the attorney for the developer, who
noted that it was very expensive for his client to continue to bring
experts to a meeting, only to be delayed. He was also noted frustration
at comments by the Board Engineer that the developer's application was
deemed 'incomplete.' He noted that he had not been told by the Board
that the application was incomplete, and further information on his
wastewater treatment plan was required before the application would be
deemed complete.
No explanation was offered for the absence of several Board members.
Several dates were discussed, but the earliest that the application
could be heard was October 20th at 8:00 pm. Neighborhood residents and
CLEAN are planning to be at the meeting to voice their concerns.
After
long wait, Developer returns to Board of Adjustment only to face
postponement
July 15, 2003
After a several month wait, developer Sal Falciglia Jr. returned to the
Board of Adjustment on July 15th, only to find that the board did not
have enough members to hear his application for a 100-bed assisted
living facility proposed for a 7-acre lot on the corner of Skyline
Drive and Fieldstone Drive.
Falciglia arrived with a coterie of experts on health facilities and
his attorney. A crowd of residents were on hand, anxious to hear about
the latest plans for the site. But Board Chairman Tom Shaughnessy
informed both the applicant and the crowd that an insufficient number
of board members were on hand that evening to hear testimony and vote
on a "use variance."
The meeting was rescheduled to September 15, 2003.
June
21, 2003
Sal Falciglia, Jr.
returned to the Board of Adjustment last evening to request that the
Board allow his 100-bed assisted living facility as a "conditional
use." The Board listened to testimony from Falciglia and his
experts about the definition of "assisted living" and how that related
to current zoning for the property, which does allow for nursing and
convalescent care.
Several of the
experts testified that since convalescent home is an outmoded term,
that the new "assisted living" term would replace that type of facility.
But several of
the Board members expressed concern about the fact that individuals
living in an assisted living arrangement are generally committed to
living in that facility long term, and felt that convalescent care was
more typical of a type of living arrangement where the resident left
the facility once they were recuperated from their illness.
Borough Planner
Peter Steck asked about the layout of the resident apartments. The
developer said that each apartment would have a bedroom and a sitting
area, but the kitchen would be limited so there would be no in-room
food preparation. Further, Falciglia explained, the resident would have
to meet certain criteria to be allowed a microwave oven within their
room.
The change in
the description of the living quarters brought questions from the board
and the audience about the plans provided by the developer, which had
shown full kitchens in each apartment. Falciglia was asked what he
planned to do with the additional floor space generated by the removal
of the kitchens. He admitted that he was revising the plans, and did
not have a revised set with him, but he planned to possibly remove some
of the back of the building facing the residents on Foxhill Lane..
The Board
decided that the facility did not fit within current zoning definitions
nd voted to deny the builder's request. He plans to return to the Board
of Adjustment with revised site plans and ask for a use variance, which
would allow him to build even though that "assisted living" is not a
"use" allowed under current zoning.
Bald Eagle
Suites
to return to BOA. North Jersey
District
opposes high-density development plan
April 27, 2003
