Edison Zoning Board Special Meeting – July 7, 2026

The Township of Edison Zoning Board of Adjustment held a special meeting on July 7, 2026, at 7:00 PM in the council chambers. The board heard two major applications: a continuation of Case Z8-2024 for Ultimate Collision involving bulk and use variances for car lifts, and a Whispering Woods hearing for Case Z46-2017 regarding a proposed 114-unit memory care facility by Care One at Birchwood. The meeting included sworn testimony from professionals, public comments, and a final vote on the Care One settlement.

Case Z8-2024: Ultimate Collision (1115 U.S. Route 1)

• Applicant: Ultimate Collision, represented by attorney Skip Shah. Owner Gerald McNee testified that the business has operated at the site for 26 years and faces longer repair times (average 24–25 days vs. 7–10 days previously) due to insurance delays and parts shortages.
• Proposal: Approval for 22 exterior car lifts (already installed), two sheds, and two trailers (removed). Variances sought include a D2 use variance for expansion of a non-conforming use, front yard setback, building coverage (25.8% vs. 25% limit), and a 10-foot fence (12-foot originally requested, reduced per board engineer).
• Expert Testimony:
  • William Lane (Menlo Engineering, P.E.): Presented plans for the lifts, generator, and fence. Under cross-examination, he stated the lifts are not anchored but rest on asphalt; he would agree to a condition requiring board approval for any relocation. Board members expressed concerns about lift stability and soil bearing capacity.
  • Charles Deeds (architect): Described enclosing an existing roof-level area with glass storefront and a coiling door for temperature control and security.
  • John McDonough (planner): Argued the proposal is a site betterment, visually innocuous, and meets positive criteria for a D2 variance. He supported the application contingent on soils analysis and fire chief compliance.
• Board Comments:
  • Members questioned the need for 22 lifts, the structural safety of unanchored lifts on asphalt, fire truck access, and the adequacy of landscaping.
  • The board required a subsoil analysis and fire department plan before voting. The case was carried to August 25, 2026 at 7:00 PM, with no further notice to the public.
• No vote taken on this application; continued pending additional information.

Case Z46-2017: Care One at Birchwood (1350 Inman Avenue) – Whispering Woods Hearing

• Background: This hearing arose from a settlement of litigation after the board denied a 106-bed assisted living facility in 2019–2020. A federal court found the denial violated the Fair Housing Act (disparate impact on disabled/elderly). The proposed settlement modifies the application to a 114-unit (122-bed) memory care facility.
• Applicant’s Presentation:
  • Attorney Peter Flannery and litigation counsel Bruce Nagel presented. Civil engineer Brian Weisner (Langan Engineering) testified that the building height was reduced to two stories on the east side (closest to Lewis Court) and services (generator, trash) moved to the west side. Building coverage would be 17.4% (exceeds 15% limit), lot coverage 43.2% (vs. 30%), and FAR 0.305 (vs. 0.25). 104 parking spaces proposed.
  • Architect Michael Pomarico (45 years healthcare experience) described security features (access control on each floor, egress prevention) and stated the use is licensed as assisted living, not a separate use. He confirmed the building is designed per 2022 guidelines for assisted living.
• Objectors’ Arguments:
  • Attorneys Richard Leahy (for resident Kevin Cattell) and Ron Gazarowski (for resident Amadel Syale) argued that notice was insufficient (published only 10 days in advance, over July 4th holiday), the settlement improperly relies on testimony from the denied original application, and the board lacks jurisdiction because the original use was denied and only 45 days allowed for challenge.
  • They also contended that memory care is a new use requiring a fresh application, and that the board’s professionals (engineer and planner) had inadequate time to review the materials.
• Public Comments (approximately 15 speakers, each 5 minutes):
  • Residents of King Street, Lewis Court, and Inman Avenue expressed opposition citing: traffic congestion, safety risks for children walking/biking, noise from generators and trucks, environmental concerns (wetlands, flood risks), and visual impact. Several noted that the plan merely moves nuisances from east to west, not solving problems.
  • Speakers said they received notice late and had no access to the settlement agreement before the meeting. Many requested a postponement for full public review.
• Board Discussion:
  • Board planner Ms. Knight noted she received the application materials late and could not incorporate prior hearing testimony. Her report focused on clarification items.
  • Vice Chairman O’Gorman made a motion to deny the application, stating positive and negative criteria were not met, the application undermines residential zoning, insufficient planner testimony, and drawings were not signed/sealed. The motion was seconded by Mr. Chopper.
• Vote: The board voted unanimously (9-0) to deny the Whispering Woods settlement and related land use approvals. All members present voted in favor of the motion.
  • Members: Mr. Schneider, Mr. Chopper, Mr. Salmon, Mr. Johnny, Mr. Patel, Ms. Knight, Mr. Cerrito, Vice Chair O’Gorman, and Chairman Cumber.
• Consequence: The denial means litigation will proceed to trial, with the applicant stating damages could reach $40 million, covered by the township’s insurance carrier.

Key Outcomes

• Case Z8-2024 (Ultimate Collision): Continued to August 25, 2026, pending soils analysis and fire department approval. No final vote.
• Case Z46-2017 (Care One): Unanimous denial (9-0) of the settlement agreement and all related variances and site plan approvals. The matter will return to federal court for trial on the merits.