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Health & Fitness

ZBA hears conflicting testimony on whether town code permits sober house

ZBA heard conflicting interpretations of whether the proposed sober house meets the requirements of the zoning code. The hearing was adjourned until April. Competition Carting hearing also adjourned pending review of DEC, DEP and town regulations.

Zoning Board
March 27, 2014  

The Zoning Board of Appeals held a public hearing on the request of two homeowners seeking to overturn the building inspector’s January, 2014 determination that the application for a special permit to operate a sober living residence meets the town code’s requirements for a convalescent home.
 
The homeowners are also seeing a determination that a sober living residence is not a convalescent home and that if the Town Board wants to permit sober living residences, then it should amend the zoning code to clearly permit this type of use with appropriate conditions.
 
Two lawyers, one representing the homeowners and a second representing the applicant, presented different interpretations of two different sections of the zoning code dealing with convalescent homes and nursing homes, prompting one ZBA member  to comment,” that’s what we’re up against.” 
 
For a summary of each lawyer’s presentation, visit  ciyinfo.org.
 
A video of the hearing is also available on the town’s web site and will be rebroadcast on Channel 20 or 33.
 
The hearing was adjourned to allow time for a transcript of the Town Board’s 1997 discussions that resulted in the addition of one of the two sections to the code. It was hoped that the transcript might shed some light on what the board’s intentions were at the time.  The adjournment will also give both sides time to review and comment on each side’s presentation.
 
. . .  and on a related issue of general interest to homeowners

Competition Carting
The hearing on an application for a special permit to permit the storage of trucks was adjourned again to give the applicant more time to confer with the town engineer over DEC, DEP, and town regulations governing the proposed use of the site.

This summary is being provided by Citizens for an Informed Yorktown (CIY).in an effort to increase the level of awareness of what’s happening in our community.

For more information, visit www.ciyinfo.org.




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