Arc Evokes Comments at Dennis Meeting; Agency Issues Response to Remarks

DENNISVILLE – Dennis Township Committee held its Feb. 16 meeting without Committee members Donald Tozer, due to a death in the family, and Julie Fry-DeRose, no reason given.
Committee quickly took care of its consent agenda which contained items such as approval of a social affair permit for St. Mary’s Episcopal Church and a proclamation declaring March 2 “Read Across America” Day in the township.
Committee also unanimously approved a resolution which authorizes issuance of up to $140,000 special emergency notes and the making of certain covenants to maintain their interest exemption from federal income tax.
The vote was later rescinded when it was remembered that with the absences of Tozer and Fry-DeRose the motion did not have the number of committee members present required to vote. The resolution will be re-introduced at an upcoming meeting.
Senior Center
During the public comment portion, a resident asked if the township could re-line tennis courts at the municipal recreation center to include pickleball lines which committee supported.
Committee member Lisa Salimbene reported that the Senior Center will have two speakers for upcoming luncheons: in February there will be a presentation on littoral and aquifer issues and in March a speaker will focus on stewardship and land protection.
Township Clerk Jacqueline Justice reported that Dr. Ira Niedweske of Ocean View Veterinary Hospital has been supporting the township’s rabies clinics by providing services free of charge to administer rabies shots, and lately as well, syringes since the state has run out of them.
“We are so grateful to Dr. Ira for all that he does to help our animals and his services are really appreciated,” said Justice.
The Arc of Cape May County
During public comment, resident Diann Walters spoke on issues resulting from the “mistruths” from The Arc of Cape May County: “This is an organization you simply cannot trust,” she said.
The Arc is a not-for-profit organization headquartered on Route 47 in South Dennis. Its mission is to “promote and protect the human rights of individuals with intellectual and developmental disabilities and actively supports their full inclusion and participation in the community.”
Per information from the Arc, activities that support the organization’s overall goal include residential programs, respite for caregivers, advocacy and community education.
The Herald recently reported on what seems to be mistrust between Arc neighbors and Dennis Township residents on the one side and Arc leadership on the other. This meeting continued to crystallize the reasons for the on-going controversy.
One concern, according to Walters’ comments, are assertions made by Sarah Matthews, the Arc’s director of operations, on Feb. 8 during a Herald visit and reported shortly thereafter, when she stated that the Arc has excellent relationships with its neighbors, no abutting neighbors have complained about Arc operations or plans, and more specifically that no neighbors are being affected by Arc operations or plans. 
In fact, said Walters, providing a detailed map showing boundaries of a number of neighbors within the 200 feet scope of interest, “My own ‘corner pin’ is directly abutting the ‘corner pin’ of the Arc.”
In addition to the map graphically indicating these metes and bounds, Walters provided a list of names, addresses and contact telephone numbers of 18 neighbors who have stated their opposition to past and current Arc operations.
Such plans have included the Arc’s intent to hold “special events” at its facility and to add parking lots for which it applied for variances with the township.
According to a petition, copies of which Walters provided to committee and the Herald dated Oct. 23 2014, residents stated “We feel we were misinformed as to the true purpose of the variance” requested by the Arc which is signed by those 18 individuals.
For example, they cite loud music, alcohol being served, large crowds and resulting traffic problems because of a few past weddings the Arc has allowed for a fee to take place on its property.
Another area of Arc misrepresentation, per information provided by Walters, was that it is operating a landscape business from its offices at the historic 1805 Joseph Falkinburge House.
As described on the organization’s own website ‘Crew Labor’ is a viable, competitive business offering lawn care and leaf-raking to residents and business establishments.”
According to its approved zoning uses, it would appear the Arc is in violation of municipal code as it is operating a business from the facility contrary to this zoning approval. Also germane to those violations is what has been described by residents as the Arc’s past practice of organizing respite stays at its facility complete with portable toilets which the township eventually removed.
Walters continued her presentation by noting that at the June 16, 2015 Dennis Township Committee meeting the Arc notified members and the public that it was seeking support for grants to repair and maintain the Falkinburge House.
“At that time, residents and committee did not oppose their plan as long as they adhered to provisions of the 1989 resolution. In fact, I didn’t even go to the freeholders meeting that followed this one regarding approval because I didn’t want to be viewed as a troublemaker. Now, however, I can see I shouldn’t have trusted what they said,” Walters continued.
Mention of the 1989 resolution has proved to be a first for many involved in following the saga of the Arc’s matters in the community.
The agreement reflecting a resolution concluded May 24 of that year between the township’s Zoning Board and the “Association of Retarded Citizens,” now known simply as The Arc (reflecting that there are indeed some attitudes that improve over time), that lays out a number of requirements for the Arc to receive a variance to operate its office in the historic Joseph Falkinburge House on Route 47 in South Dennis. 
This property is defined as Village Residential zoning; all neighbors are also within Village Residential zoning. The variance that ultimately was approved was for the sole purpose of running the Arc’s office at the house, which was not a permitted use and the variance was not a general variance.
As described in the resolution, even at that time there was significant opposition to turning the property into an administrative office building but the resolution passed to grant the variance. It provided the Arc not use the building for any other purpose or undertake new construction or moving of additional buildings to the property.
Walters said to fully understand what the Arc was trying to do at its facility and future plans, she read its 300-page grant application requesting funding from the County Open Space/Historical Preservation Board and said she was shocked at what the Arc had failed to include.
“I read in the Herald that according to Board Chair Peter Lomax the Arc had met the criteria for preservation funding. However, I knew from reading their application that they completely omitted elements related to the 1989 resolution such as accessibility to the public and use consistency under ‘land features’ provisions.
“They have begun to refer to the property as a ‘complex’ and seem to intend to do more construction at the site. They have mentioned building a new conference center to try to take the load off the floors they are supposed to preserve but which are being damaged by their heavy files and desks.
“When I brought these omissions to the attention of Mr. Lomax he said he had no knowledge of the 1989 resolution. And this is logical because the Arc failed to include it or even mention it in their grant application.”
Throughout Walters’ comments, committee members and citizens attending nodded often in agreement with and approval of her remarks.
“It now seems that the Arc has consistently failed to remember to mention the existence of this resolution and even failed to include it as they were required to do in their application for grant funding to the County Open Space/historic Preservation Board. They’re trying to disregard everything they agreed to previously; you can’t trust this organization,” continued Walters.
Walters referred to a follow-up letter she sent to county freeholders alerting them to the various discrepancies in the Arc’s funding application with provisions of the 1989 resolution. The letter describes the various nuisances created by the Arc’s disregard of the document’s requirements and how its operations obviate positive consideration of their funding request.
“I’ve lived here since I was 8-years-old, it’s wonderful to see what private owners do with our historic homes, they love them until the day they die and we don’t want Dennis to have here what’s happened on Rte. 9 in Court House with offices made out of formerly beautiful old homes.”
Walters added that she called the county freeholder office to find out the status of their review of the Arc’s grant application. 
“I spoke to (Clerk of the Board) Elizabeth Bozzelli at their office but it wasn’t clear if the Arc’s grant application will be on an upcoming agenda or not.” 
At the conclusion of Walters’ remarks, Salimbene said “Thank you for your work on this.”
Mayor John Murphy said “We need to figure out where we go from here on the zoning. I’ll give Peter (Lomax) a call and see what we need to do.” 
Response from The Arc of Cape May              
Remaining committed to the unique qualities each individual holds and facilitating the choices they desire to lead full and enriched lives will remain a priority at The Arc of Cape May County. We are fully devoted to those in our care for their lifetime and take seriously our role as provider and more importantly as friend.
Concluded matters:
• Implied neighbor opposition is in reference to a variance request which was withdrawn Dec. 18, 2014. 
• The Arc of Cape May County obtained a variance for the Crew Labor Program Dec. 21, 2011.
• Respite stays have never been provided on the property.
Inquiries regarding the Grant:
• We are unaware of any requirement to submit the Resolution dated May 24, 1989 for the grant application.
• Due to the magnificent historical value of the house, passers-by often inquire about information and a brief tour. We are proud of the house and do not deny these requests. This practice will remain while we are stewards of local history and is irrelevant to receiving the grant.
• It is not unusual for offices of any kind to have visitors.
• There are no plans for a conference center. Indicated construction in the grant application is for preservation, restoration and protection of the existing historic structures.
The Arc of Cape May County received a communication from Diann Walters, through her attorney, dated Oct. 5, 2002 requesting to purchase up to four lots of land from the Falkinburge House property.  The Arc of Cape May Board of Directors reviewed and denied the request.
The Arc has a purpose and a mission. We will continue to support individuals with intellectual and developmental disabilities and their families. 
In addition, we would like to continue to maintain the historical integrity of the Falkingburge House with the grant dollars, which is our original and only intention.
To contact Camille Sailer, email csailer@cmcherald.com.