Smithtown Zoning Board Approves 3 Variances for Whisper Landing

A proposed Smithtown assisted living facility overcame three major hurdles on the way to starting construction on Tuesday night. 

Smithtown Board of Zoning Appeals approved three variances requested by St. Johnland Development Group LLC's to construction the proposed Whisper Landing  on the corner of Route 25A and River Heights Drive in Smithtown, opposite St. Catherine of Siena, Times of Smithtown reports.

The three zoning variances approved by Smithtown BZA for the project: extending the maximum height allowed from 30 feet to 35 feet; allowing three stories instead of two and a half; and allowing the building to be constructed on what is considered environmentally sensitive land because of deep slopes. 

Smithtown Town Board has approved a special exception use permit for the proposed assisted living facility at their Dec. 17, 2013 meeting, conditional on the zoning board's approval of the three variances. 

Smithtown resident Glenn Gruder, a land use attorney with Hauppauge-based Certilman Balin Adler & Hyman, LLP, said he opposes the assisted living facility and plans to file an Article 78 lawsuit challenging the town board's approval before the BZA's vote. 

"The Town Board shouldn’t be voting on a special exception permit until the Board of Zoning Approvals grants variances," Gruder said at the Dec. 17 town board meeting. 

He cited Section 322-99(B) of Smithtown's town code, relating to special exceptions for assisted living facilities, which reads: "Before approving such a s special exception, the Town Board shall determine the following minimum conditions are provided... (4)the maximum building height shall be stipulated..." 

Gruder told the Times of Smithtown he had not filed an Article 78 lawsuit yet, but plans to do so soon. 

Read more on the Times of Smithtown on Smithtown Board of Zoning Appeal's approval of three variances for Whisper Landing.