The Garden City Board of Trustees voted 5-3 against Local Law 1-2006, which would have permitted assisted living anywhere in the village currently zoned for multi-family housing. The Board met on April 20.

The majority of the zoning changes dealt 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.

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. One of the proposed changes was to eliminate all antiquated uses from the code. The changes also made a small portion of land in front of the Marine Corps building currently zoned R-6 into a C-3 zone, which is congruous with the surrounding area.

The failed law also changed 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.

On the south side, multi-family housing or assisted living would only be allowed by special exception permit granted on an individual basis by the Board of Trustees. 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.

In areas where a multi-family apartment building currently exists, the law would have allowed a developer who sought to convert it into assisted living residences to have 50 percent more units per acre. However, the size of the building would have to stay the same.

The law will now be reformulated to include the less controversial changes proposed for the north side: changing the zone from C-3 to R-T. The Board will publish the proposed new law and hold a hearing on May 18 to hear from the public.

Mayor Gerard Lundquist and trustees Donald Brudie, John Mauk, Thomas Lamberti and John Watras voted against the law and First Deputy Mayor Peter Bee and trustees Nicholas Episcopia and Robert Rothschild voted for the measure.

First Deputy Mayor Peter Bee wanted the law to pass because he believed it provided a good transition to the eastern part of the Village and has received widespread support from neighboring residents. Emphasizing a point made by the attorney for the developer, Bee added, "It's one of those rare occasions when proposed legislation, a developer's plans and the desires of the adjacent residents all converge for a positive benefit to the Village, in my opinion."

Bee took issue with those in the Village who have insinuated at past Board meetings that trustees were looking at the 550 site as an alternative to placing assisted living at the site of the Cathedral of the Incarnation. He said he believes the Cathedral site should be explored for that use and he personally always considered the 550 site as an additional site, not an alternative.

Trustee Episcopia voted in favor of the law and argued that studies have shown that residential development would produce less traffic than an office building. He also said the number of schoolchildren living in these developments would be minimal. In addition, the Village would receive approximately $600,000 more in taxes through residential development as opposed to commercial.

Trustee Mauk said he has heard both sides and wasn't persuaded by either. "I guess the conclusion that I have come to on this is I am not sure it is going to make an awful lot of difference, one way or the other, on which way we go on this...in terms of what the impact is going to be on Garden City." He said the trustees generally were in favor of the changes on the north side.

Mauk added that he didn't want to keep the developer waiting any longer. "My vote tonight is really based on trying to move this thing along."

Trustee Lamberti opposed the law because he believes it was driven by the developer, who wants to build residences. He is concerned that the proposed residential development would produce a greater number of schoolchildren than what is forecast, burdening an already overcrowded school system.

Before the vote was taken, Kevin Walsh, attorney for the developers, said his client wanted the zoning to change to residential, but would "survive either way." He said his client was willing to bury cable lines in the area, at a significant expense, to benefit the Village. He pointed to numerous studies which show that the area would tolerate residential development better than commercial.

Walsh emphasized that the law was supported by the Eastern Property Owners' Association and residents of nearby Raymond Court. "This is one of those times when you have a plan that is actually proposed by a developer that is applauded by the people most affected by it," he said.