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In The News
Mission Homeless After Losing Battle with EHC Zoning Board
EGG HARBOR CITY—The Atlantic City Rescue Mission lost a battle with the Egg Harbor City Zoning Board on Tuesday, June 22 after months of back and forth between the city planner and Mission officials.
The Planning Board voted against the Mission’s contention that its satellite Community Services office was not an expansion or change of the previous pre-existing nonconforming use in the residential neighborhood of the 300 block of Boston Avenue. Nick Menas of Cooper Levenson of Atlantic City was the attorney representing the Rescue Mission, particularly its President and CEO Bill Southrey and building owner Dan Brown, who is also a member of the Board of Trustees for the Mission.
The Mission opened its Community Services office at 335 Boston Ave. in January with the goal of helping the county’s residents who are struggling to make ends meet. The office was set up to intervene before foreclosures and evictions cause more people to become homeless by providing funding to pay for mortgages, rent and utilities. The funding comes through the American Reinvestment and Recovery Act and is distributed through the county.
Soon after it opened, members of City Council, as well as city planner Tim Michel, stated that the Mission did not go through the proper channels in order to open its doors. Michel said that the Mission not only should have applied for a mercantile license, but should have also applied to the Zoning Board for an expansion of an existing nonconforming use.
Southrey and Brown contended that they had gone to the Zoning Officer and spoken with officials who gave the Mission the O.K. to open its doors. After being open for two and-a-half months, the Mission ceased operation. A hearing was scheduled in May for the Mission to get a determination from the Zoning Board on whether the use was substantially similar to the original use of the building. That meeting was postponed when it was realized that neighboring residents were not informed of the meeting by the Mission. When the Zoning Board met with the Mission on Tuesday, Menas brought with him professional planner Lance Landgraf of Marathon Consultants, as well as Southrey and Brown to testify on behalf of the Mission. Menas argued that the use of the building as a general office was not being changed. He said that D. Benjamin Brown, Brown’s general contracting company that was previously run in the building, was a general office and that the operations were practically identical.
Previous uses for the building included a flower business, a marine supply company and possibly a textile business. Menas said that all of these uses contained general office and warehouse. Menas acknowledged that there have been many questions about the office since the name Atlantic City Rescue Mission was associated with it.
“What we did here and what our plan was to do was to prevent homelessness,” Brown said during the testimony. “The concept here is not to set up a center where people will be fed or housed…We have a facility that does that.”
Brown said there was an administrative need and the building fulfills that. He compared what the Mission is doing to a situation where a casino sets up an executive office off-premise from the casino.
Brown said there was to be three to four people employed in the office and the office would meet with between six to 10 people per day, three days a week. The other two days would be used for filing paperwork.
“The work that goes into this is intensive,” he said.
Hours of operation, he contended, would be Monday through Friday, “essentially” nine to five.
The warehouse of the building would be used to store donations, Brown said, but none would be delivered to the building. All donations are picked up and delivered by Rescue Mission personnel.
Zoning Board Chairman Robert Guerrieri told Southrey that improvements needed to be made to the building, including lighting and ADA accessibility, before he would allow the building to operate as a business, to which Southrey agreed to.
Southrey further explained that the office would be for Atlantic County residents only. He said the Mission was searching for a discreet place to do business so that those that needed assistance could do so privately. So far, he said, the office has helped 100 people, seven or eight from Egg Harbor City.
“I’m also looking for other areas to service the southern side of the county,” Southrey said.
During the public comment portion, Angela Krukauskas of 350 Boston Ave. said that the way Brown had portrayed his business was “a load of hooey.” Krukauskas, who had spoken out against the facility at a Council meeting on Feb. 25, said that she hardly knew Brown’s business existed in the building when it was operational. She said that since the Mission was open, there has been an excess of cars in front of her home, blocking her driveway and loitering along Boston Avenue. Krukauskas further stated that a person that was seeking help at the Mission cursed at her, and since the Mission opened litter has increased.
Her husband, Tom Krukauskas, a disabled veteran, also spoke against the Mission in his neighborhood. He alluded to the possibility of perverts, kidnappers, thieves or reckless drivers disturbing the neighborhood.
“It’s if something happens, it’s way too late,” he said.
When asked how many times he was not able to park in front of his home due to cars parked in front of his home, he said it was about six times.
In defense of the Mission, December Wagner of 332 Boston Ave. said she hadn’t noticed any change in traffic or extra litter since the Mission opened. Wagner, who said she and her son go into work later in the day and her husband is home some weekdays, has not noticed any change in the neighborhood.
“All three of us, nothing’s changed. Nobody has a problem parking,” she said. “I just think this is getting way blown out of proportion.” Southrey said that only one neighbor came to him with an issue about the office and they were able to resolve the issue. It was not the Krukauskas.
After the public portion, Michel said that the building was being used for a social service, not a general office.
“My concern all along has been the use of this property has changed,” he said.
Board members Rusty Fenton, Todd Warker, Faye Goble, Michael McKenna, Donald Milne and Carmen DeFeo all voted that the use is not substantially similar to the original use of the building. Warker said that it is a social service, not a business to business office like how it previously was used.
Guerrieri gave the lone vote in favor of the use being similar. He said that Southrey’s testimony changed his mind.
The Rescue Mission can still apply for a use variance to be able to operate out of the Boston Avenue location.
After the meeting, Southrey said that the outcome of the meeting was expected and that he believes the board is afraid that he won’t keep his word.
“It’s OK. We’ll just move on and keep going and try to serve people as best we can,” he said.
Those who are interested in the Mission’s services to prevent homelessness can call (609) 345-5517.
http://www.shorenewstoday.com/index.php/hamilton-twp/hamilton-twp-general-news/1868-mission-homeless-after-losing-battle-with-ehc-zoning-board.html
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