Friday, February 15, 2013

Town Approves Assisted Living Zoning Change; Disregards Residents Input – Again!

In an unsurprising and calculated move to assist yet another developer, the Town Board ignored countless amounts of input by residents warning of the numerous pitfalls of adopting the proposed zoning law change written by the developer, to assist them in building the Brightview Assisted Living Center. The developer apparently wrote the zoning amendment and gave it to the Board to vote upon. Can anyone say collusion? Also apparent is that the Town’s Legal, Planning and Building Departments are collectively incapable of working with our Zoning Board or crafting an addition to our Zoning Laws and thus left the “heavy lifting” to the developer’s attorneys. The facility will be a 3-story building off of Tarrytown Road, opposite the Sheraton Hotel at Benedict Ave with a Tarrytown mailing address in the Unincorporated Greenburgh. Now that the Town has approved the law, Brightview will be unimpeded to proceed with their project. Let the variances begin!

By the Town Board approving and amending this local law at the Town Board meeting on February 13, the zoning ordinance for the town was changed by adding a definition of assisted living facilities. It also creates a special permit criteria for such facilities. The problem with allowing the zoning change is that it will carry throughout the Town and allow buildings that would otherwise be inappropriate for residential neighborhoods. While the zoning map has already been amended to reflect the change, the result of this zoning change is that it will allow up to 100 bedrooms to be constructed in an “assisted living facility” on four acre sites within 200 feet of a state or county road. This should not be confused with a Senior Living Center or Senior Assisted Living Center.

Brightview will not accept those on Medicaid needing an assisted living center’s help. To cover that blunder that went unnoticed by Town Board members until residents pointed it out at one of the hearings, the town altered the conditions that will allow them to issue permits for facilities that accept medicaid. This was the Town Board’s appearance of being concerned that they want to help the poor. But those Greenburgh residents who are either poor or on Medicaid will never see the inside of Brightview unless they are going to visit someone there. We’re sure The Paul will have a bus readied at the Theodore Young Community Center for any seniors, poor or Medicaid recipients wishing to tour what they cannot afford.

The Board also factored in their right to deny permits to facilities if they will have an adverse impact upon the town. This is the “scapegoat clause” they put in place to placate everyone who objected to this zoning change that has now became Town-wide. Since we have yet to see The Paul say no to any developer, we doubt there will ever be any activity with this clause. It’s only there so they can say, “Look, we have the right to say no to any project.” Like that’ll ever happen.

Brightview, an assisted living facility, is going to overwhelm the small little neighborhood in the Glenville section of the Town because the zoning law The Paul and the Brightview developer crafted allows it. The Paul doesn’t care. The Town Board had many public discussions/hearings on the proposed zoning change before the new law was adopted. They’ve ignored every point that was made and passed the law the developer needed to proceed.

This was never about protecting a neighborhood for The Paul. It was never about creating a Town-wide assisted living provision in the zoning law for The Paul. It was never about trying to house our aging, less fortunate residents in a facility that can help them for The Paul. It was only about The Paul getting past any restrictions, limitations or laws that would keep one of his developer friends from getting to build what they wanted. They got it! This must change. We can only hope.

1 comment:

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