Yorktown ZBA Backs Inspector in Ruling on Sober Home
The Yorktown Zoning Board of Appeals Thursday night supported a written opinion by Building Inspector John Winter that a proposed facility for recovering alcohol and substance abuse addicts on Underhill Avenue falls under the definition of a âconvalescent home.â
Three of the four sitting ZBA members denied an appeal from neighbors Linda Gironda and Al French that the sober home proposed by Compass Westchester does not fit the criteria of either a convalescent home or a nursing home, which are treated the same in the townâs Zoning Code and, therefore, it should not be allowed to be considered for a three-year special permit by the Town Board.
âIt is undisputed that the proposed residence meets all the Zoning Code criteria for a âconvalescent home,ââ the ZBA stated in its decision. âThe Board rejects Appellantsâ arguments that a âsmellâ test applies requiring the Board to look beyond the Zoning Code definition of âconvalescent homeâ because such use may have been traditionally associated with on-site nursing or other patient/resident care. The Board finds to supplement and substantially disregard the unambiguous definition of âconvalescent homeâ in this way would result in a flawed and irrational interpretation of the Zoning Code.â
Attorneys for Compass Westchester, Al Capellini and Robert Davis, maintained during public hearings Winter was correct in identifying the sober home residence with a convalescent home since it meets the criteria of having three or more people who suffer from any disease, affirmity or ailment and are habitually kept or bordered.
âWeâre elated. It was the right decision,â Capellini said of the ZBAâs much anticipated ruling. âThey accepted our position in total. For us itâs really a great night. Itâs a great night for the Town of Yorktown. This leads the way for a project such as this becoming a reality.â
French said he was not surprised by the ZBAâs determination based on comments they had made last month and expressed hope the Town Board would more carefully consider the neighborâs arguments when deliberating over the special permit.
Some neighbors also mentioned an Article 78 proceeding may be filed against the ZBA.
âThis is far from over,â one opponent of the sober home maintained.

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