R.B. Zoning Board denies application
American Heritage hoped to build 75-unit assisted-living facility
By john burton
Staff Writer

It was about the building, not the people.

At a particularly long meeting last week, the Red Bank Zoning Board of Adjustment voted to deny an application to build a senior assisted-living facility on Locust Avenue.

The vote to deny the application was 4-2, with those against the application stressing their vote was not one against seniors, but instead reflected their concerns over the size and density of the structure and the effect it would have on the neighborhood.

American Heritage Living of Shrewsbury had applied for a variance for a nonpermitted use to construct the 71,000-square-foot for-profit facility.

The company had hoped to construct the 75-unit facility on three acres of land abutting the Navesink River at the end of Locust Avenue.

American Heritage Living had a contract to purchase the property from 74 Locust Avenue Associates, 130 Maple Ave.

The application was met by opposition from a number of area residents who questioned the need for such a facility in their neighborhood and were concerned about the impact it would have on the community.

At last week’s meeting, however, Joseph L. Layton, a professional planner representing the applicant, pointed to the aging population in the area, and said there will be a continuing need for this type of facility.

Layton pointed to other municipalities, specifically Marlboro and Manalapan, that designate a larger percentage of building for seniors than Red Bank does, even though the borough has a higher number of seniors on average than those municipalities.

According to Layton, 11 percent of building in Marlboro is designated for senior housing, and in Manalapan it is 20 percent.

In Red Bank, 32.5 percent of households have at least one member over the age of 65, according to Layton.

"Red Bank’s average is higher than the county average or state average," Layton said. "This clearly demonstrates a need for senior housing in Red Bank."

And as these residents age and require additional care, they should be permitted to continue to live in a facility located in their community, instead of being relegated to some other municipality, Layton said.

A residential zone, such as Locust Avenue, would be perfectly suited for such a facility, considering the seniors who would be living there are, in fact, residents. And the density would be comparable to that of the River Street Commons, a senior complex on Shrewsbury Avenue and River Street, Layton noted.

"We’re talking about people here, not about acreage," Layton said. "We’re talking about a senior citizens facility. Why shouldn’t we be talking about seniors?"

Richard Kosenski, borough engineer, took exception to Layton’s implication that to deny this project was an affront to seniors in the community.

"The issue here is not seniors; it’s 25 units per acre," Kosenski said, noting that American Heritage Living was asking to double what is permitted by ordinance.

Board member Michael DuPont, who voted against the application, also took umbrage with Layton’s assertion that the borough has not done enough to accommodate its senior population.

"It is hard to imagine that you can stand before this board and say Red Bank has not met its need," DuPont said to Layton. "Comparing Red Bank to Marlboro and Manalapan is comparing David to Goliath."

In addition to River Street Commons, DuPont pointed to the Avante at Red Bank nursing home, the Navesink House, the Senior Center on Shrewsbury Avenue, the Meridian Health Care Unit on West Front Street, Evergreen Terrace, which provides "means-tested" housing for seniors, as well as facilities in the surrounding communities of Tinton Falls and Shrewsbury.

"To criticize Red Bank for not extending enough housing to seniors is unfair," DuPont said.

But board member James Erving said that during the almost six months of hearings and testimony on this application, terms such as "nursing home," "senior housing" and "assisted living" were being bandied about interchangeably when they are really different things.

According to Erving, who voted in favor of the application, the only facility in the borough to offer progressive, continuing care to seniors from the independent to the infirm, including medical services, is the Navesink House.

But the Navesink House, located on Riverside Avenue, is a rather exclusive, upscale facility that is beyond the reach of those of modest means, according to Erving.

The Navesink House had applied to build an addition to its facility, but that application was recently denied by the board.

One area resident, however, disputed the claim that this facility, though costing less than the Navesink House, was truly affordable.

At a previous meeting, Michael Driscoll, a principal with American Heritage Living, testified that the cost of living at the new facility would be between $3,200 and $3,700 a month. That amount covers almost all of the residents’ living expenses, he said.

"This is a very expensive facility," said Ben Forest, a Locust Avenue resident.

"This was being sold as for the Red Bank seniors," Forest said. "The real crisis for seniors is the cost of living. At least if the people in the neighborhood could afford to live there, OK, then maybe [it would be an acceptable plan], but I think what they want to do is incredible."

Forest also noted that Driscoll previously testified he had never run a facility such as this and he didn’t even bother to bring forth a professional in the industry to discuss the operation.

"My thought after all this is, I don’t think they made their case," Forest said. "We haven’t heard from anyone who has actually run a place like this. It’s just stunning to me. I could get an expert."

"How much of society’s burdens should one neighborhood be asked to carry?" asked Tom Williams, another Locust Avenue resident.

After the meeting, Driscoll said a study of the viability of the project was done, but he was unwilling to share that information for business reasons.

He also said that despite the board’s vote, this is a beneficial project for the neighborhood, and the borough as well as he and his attorney would be weighing their options.

"We feel this is something that would work in the neighborhood," he said. "We’ll have to look at everything."

But those options could be affected by the recent Borough Council decision to rezone the area in question as an RA zone, limiting it to single-family homes.

Martin A. McGann Jr., the applicant’s attorney, said some of his client’s options include appealing the decision to the state Superior Court.

McGann also said another possibility was going through the Federal District Court on grounds that the decision violates the federal Fair Housing Act for failing to accommodate the disabled.