Proposed changes in a local zoning law have reignited the debate over allowing assisted living in the Village of Garden City. If the changes are approved by the Board of Trustees, assisted living would be permitted anywhere in the village currently zoned for multi-family housing.

The law would allow developers who want to convert current multi-family apartment buildings into assisted living residences to have 50 percent more units per acre. However, the size of the building must stay the same.

The majority of the zoning changes deal with the property at 550 Stewart Avenue. 550 Stewart Avenue LLC, the corporation that purchased the property, has proposed building 36 attached single-family townhouse units on the north side, and a four-story, 150-unit multi-family dwelling on the south side.

First, the zoning has to be changed to allow for residential use. The property is currently zoned C-3, which permits office buildings and a series of uses that had been previously been allowed on the property such as publishing, production and manufacturing of filing materials.

The proposed law changes the zoning on the north side to an R-T zone. This zone allows single family detached homes and single family attached homes (townhouses) with a three-story or 35 foot height limit. According to Superintendent of Buildings Michael Filippon, a developer could build 19 homes or 32 townhouses on that piece of property.

On the south side, multi-family housing or assisted living would only be allowed by special permit. However, assisted living or multi-family housing is limited to no more than 50 percent of the total floor area that could otherwise be built in the C-3 district. All antiquated uses will be eliminated from the code.

Kevin Walsh, an attorney who represents the corporate owners, applauded the changes and said it represented "prudent planning." "Assisted living is an important use and it ought to be considered," he said at the March 16th Board of Trustees meeting.

Walsh said he was glad the Board is not mandating developers to build an assisted living facility on the property. "When you insist that developers and municipalities build what is not market driven you end up with a failed project," he said.

Where assisted living should be allowed in the village has been a controversial issue since 2003, when Sunrise Assisted Living, who claims to be the largest provider of assisted living services in the country, requested an amendment to the Village code to allow assisted living on property owned by the Cathedral of the Incarnation.

That property is currently zoned R-20, which means it can be used for one-family residences with plot areas measuring a minimum of 20,000 square feet. Some additional uses are allowed by special permit. Sunrise Assisted Living, in conjunction with the Cathedral of the Incarnation, has requested that assisted living be permitted as a special exception use in this zone on parcels measuring three acres or more. Sunrise wants to lease the land from the Cathedral and build a three-story, 56,206-square-foot, 74-unit facility.

"We think it's good for the village and we think it's good in our own interest," said Charles Janoff, Cathedral chancellor. "I don't believe that something to maximize the value of our assets should be viewed in a negative light. The Cathedral House that currently exists is a white elephant building. It no longer serves our purposes and we have felt this was not only good for the Village but was a way of repositioning our assets in a way that will be more favorable for us going forward. I don't think that should be viewed as a negative. I don't think it's wrong to try to husband your assets in the best way that you can. I would only ask the Board to realize that we have as much right to do with our own within the grounds of the law as any other property owner and as any other citizen in the village."

Trustee Thomas Lamberti said he is sympathetic to those who want assisted living in the Village but believes it is not appropriate at the Cathedral site.

Resident Ed Finneran, an opponent of the proposal, questioned the Cathedral's motives since they have struggled financially over recent years. He added that assisted living would not fit in with the "character of the area" at the Cathedral site.

Resident Diane Moody, who has repeatedly spoken at Board meetings in favor of assisted living at the Cathedral site, asked the Board to make a decision. She is concerned that with the proposed zoning changes, trustees are trying to push Sunrise to develop their facility at another location within the Village.

A public hearing on the zoning law changes will be held at the next Board of Trustees meeting on April 3rd at 8 p.m. in the Village Hall boardroom.