By:Jeff Lipton
A hearing on the proposed construction of an assisted living facility in North Woodmere was held last week before the Town of Hempstead Board of Zoning Appeals and ended in less than an hour with both sides agreeing on the project after outlining a long list of conditions for operation.
After being postponed for about a year, what initially promised to be a fiery hearing with busloads of residents testifying against the project, turned out to be a hearing before a small audience with no one voicing disapproval.
After the Wednesday, Oct. 24 hearing, developer Engel-Burman said construction of the 129-bed facility in the Hungry Harbor Shopping Center will begin in a few months.
Since both neighbors and developers agreed to construction of the facility after about 20 conditions are metincluding stipulations to keep noise to a minimum during construction and restrictions on sanitationthe board decided to put the decision on hold for 30 days, a formality that will eventually give it the town's stamp of approval.
Alan M. Stein, the attorney hired by the North Woodmere Civic Association to fight the project, was involved in months of intense negotiations with representatives for the developers to produce plans that neighbors could digest. The behind-the-scenes work delayed the start of the hearing for several months, officials said. Stein said the meetings and had dealt with every aspect of the project as it would affect the neighborhood. We resolved each and every issue brought up by the community,he said.
The scope of the project was reduced from 149 to 129 beds, from four stories to three stories and 39 feet high, and from a total square footage of about 46,000 to about 41,000. The project also was moved off the property line.
The project requires a variance because the property is zoned for a building that is no more than two stories high and a maximum of 30 feet tall. An assisted living facility is permitted in a business district, according to the town zoning ordinance.
We have changed the plans dramatically,said Ron Rosenberg, attorney for property owner Kabro Associates. Everything is in compliance with the zoning ordinance and is as of right for a commercial business district. Only the height is not in compliance.
Other conditions on the project: deliveries will be limited to between 9 a.m. and 5 p.m.; no vehicles will be stored on site except one bus; all fencing and landscaping will be professionally maintained; there will be no outdoor amplified speaker system; there will be a comprehensive plan to deal with rodents during construction; and construction material will be carted away between 7 a.m. and 6 p.m.
During the hearing, only the question of signage was raised and developers said a curbside sign on Hungry Harbor Road measuring three feet by eight feet and raised three feet off the ground will be permitted, as well as a 2 feet by 8 feet sign on the portico of the building. Both will be illuminated with interior lighting and will be shut off by 9 p.m. and 10:30 p.m., respectively.
Gerald Wright, chairman of the BZA, warned the developers that all conditions must be met or they will be dealt with harshly.
I will not tolerate it any other way. If these conditions that have been imposed are not obeyed, we will use the full force of the law,he said. We expect you to live up to each and every condition. Is that understood?
