SAYREVILLE – An application for a drug rehabilitation facility in Sayreville has been denied by the Zoning Board of Adjustment.
An affiliate of Recovery Centers of America (RCA), 901 Ernston Road, LLC, sought a use variance and amended site plan approval from the board for a substance treatment facility on Ernston Road. Attorney Daniel Himelman presented the application on Nov. 8, Dec. 13 and Jan. 24.
Board Chairman Ronald Green, vice Chairman William Henry and board members Thomas Kuczynski, Maria Catallo, John Corrigan, Phil Emma and Anthony Esposito voted to deny the application at the Jan. 24 hearing amid residents voicing concerns and objections to the proposed substance treatment facility.
According to Himelman, Sayreville Nursing, LLC, received approval from the Sayreville Planning Board in 2014 to operate a long-term care nursing home facility at the property where the substance treatment facility would have been located if approved. RCA subsequently finalized business terms for a lease agreement with 901 Ernston Road, LLC, which is the current owner of the property.
A use variance was sought because, according to Himelman, the borough’s zoning officer determined that the proposed facility is not a permitted use in its zone.
In order to receive the use variance from the board, representatives of RCA reasoned that the substance treatment facility would be beneficial for the public because it will assist those afflicted with drug addiction, particularly opioids, which they noted is a prevalent problem in the state and country.
“Even those who have testified from the public that objected on this application acknowledge certainly that there’s a crisis in our community, in this county, the state and the nation,” Himelman said. “And we have made the point that there are certain laws in place, both state and federal laws, which require all of us, including this borough, to extend special consideration to this application. The real essence here [is] the term that these laws use, ‘reasonable accommodation.’
Himelman said a drug and alcohol rehabilitation facility “is inherently beneficial” and that the use variance should be granted.
“And based on that, I believe this board has no choice but to approve this. This board and this community have an obligation to provide a reasonable accommodation,” he said.
While many residents stated they were not opposed to substance treatment facilities, they voiced safety concerns they had with the location of the proposed facility. Those who spoke against the application noted that the proposed facility was located near residential facilities and the Dwight D. Eisenhower Elementary School, which is also on Ernston Road.
Residents also believed that a nursing home, which the Planning Board had previously approved for the property, was better suited for the location and argued that nursing homes were also a beneficial and necessary use. Additionally, the residents suggested that the proposed substance treatment facility be taken to a different location.
In denying the application, members of the Zoning Board echoed many of the concerns and opinions of residents. Although members spoke in support of substance rehabilitation facilities, they agreed with residents that the area was not suited for the proposed project.
“The safety of the community and the negative input far outweighs the positives of this application,” Green said. “Safety is a big part of this application. Within the transcript that was taken on Nov. 8, [RCA chief clinical officer] Dr. [Deni] Carise states there will be 150 to 200 cameras and the nurses will have visibility to all the cameras on their unit. Well, cameras and monitors are only good as the staff whose responsible for them.
“I have been a police officer for 35 years in Sayreville. I have the experience with cameras and monitors. It was my responsibility to look at these cameras and take care of them. If you get busy, you’re not going to see these cameras. You’re not going to see the shadow going by. Security could be compromised if you’re not watching these cameras at all times. An employee of RCA could be doing a report, could get called and not see what’s actually happening on some of these cameras. So that could be a safety issue within the facility and it also could become a safety issue for the community.
“The criteria as to whether a person is outpatient or inpatient comes from the American Association of Addiction Medicine and insurance companies,” Green said. “RCA, through their testimony before this board, has said that insurance companies and that association play a large part as to whether and where that patient goes. That could create a safety situation within the facility.
“The transcript on Dec. 13 says that drug addicts are smart, at times desperate, and their personalities sometimes match their addiction,” he continued. “That’s true. I’ve spent 35 years in the police department. I’ve seen thousands of drug addicts and people with alcohol. That can create another safety problem for the facility and for the people outside.
“The business is self-regulated. RCA has chosen accreditation by a commission called the Joint Commission of Hospitals. And the industry is governed by the New Jersey Office of Licensing. But only once a year, no other inspections or regulations are imposed. RCA sets the policies, the procedures, the guidelines, the assessments and the protocols. Again, it’s a safety problem.
To demonstrate his concerns with RCA’s policies, Green spoke about the deaths of two patients that occurred in an RCA facility in Danvers, Massachusetts, in 2017.
“An investigation took place by the State of Massachusetts,” the chairman said. “Upon receiving and reading the results of this investigation, it was revealed that RCA did not have the proper policies, procedures, guidelines, assessments and protocols in place in regards to their patients. That facility in Danvers was under the complete control of RCA during the whole time [when the deaths occurred]. This set of facts goes to the credibility of RCA in regards to safety.
“This facility is also very close to an elementary school and residential properties,” Green said. “Safety in the area could be compromised. And there’s a chance. And I’m not willing to take that chance with this application.”
Contact Matthew Sockol@newspapermediagroup.com.
