Prior to the April 3 public hearing on a local law to amend the village code with regard to commercial C-3 districts and the allowance of assisted living facilities in those districts, Trustee Tom Lamberti urged counsel to inform residents of two amendments made to the proposed law.

"What is the status of this memo that recommends amendments to this local law we've already published?" Trustee Lamberti asked. "We should have some explanation as to why these amendments are being proposed ... It doesn't seem appropriate to have a public hearing and then amend the local law."

The first amendment is a revised definition of assisted living residences. Suggested in part by the Nassau County Planning Commission and used in the Village of Rockville Centre's code, the definition is as follows: "A residential facility that provides a combination of housing, supportive services and personalized assistance for persons aged 55 and older needing help with activities of daily living. Such activities may include bathing, grooming and medical reminders. Meals are provided in a central location on site. The housing component may have individual dwelling units, which may or may not have conventional kitchens. The facility may provide some or all of the following elements to persons aged 55 and older who may be unrelated to the operator: long-term residence, nutrition, housekeeping, personal care, recreation or social activities and supervision."

Trustee Lamberti had concerns with the noted age limitations in the definition. Village Counsel Gary Fishberg, however, said that if the age reference is really a problem, there might be another way to deal with it - define such persons as "older persons, usually persons aged 55 and older."

The second amendment limits the Floor Area Ratio (FAR) in C-3 zones - with regard to the residential component by special permit only (i.e. a multiple dwelling and/or assisted living) - to .75. The underlying FAR in this district, which has been there since 1989, remains .4 for all other uses, primarily commercial. Fishberg said an FAR was never previously stated. "If you use the combination of building coverage and four floors, the effective FAR would have been 1.0," he explained.

Building Superintendent Mike Filippon, Consultant Frank Fish and Counsel Fishberg believed a 1.0 FAR "signaled a bulk or a density" that was more than what was really commensurate with the type of building in question - a building with 114 units in it.

To avoid any concerns about apartments in the building being too large, the FAR was limited to .75. With a .75 FAR limit on the south side of Stewart Avenue, the building's square footage would be approximately 172,000 square feet when compared to 228,000 square feet for a 1.0 FAR. Fishberg explained that office buildings, which are currently permitted in a C-3 zone, are capped at a .4 FAR, which would allow for approximately 92,000 square feet. "The restriction of a .75 FAR is almost double the office building restriction of a .4 FAR and it appears to be more than ample to accommodate an apartment building with 114 units," Fishberg said.

"If it's not ample, the board of trustees can always accommodate that building by either amending the law to increase the FAR ... or if you recall, there is a provision in the local law that would allow you to make minor variances rather than go before the Board of Appeals," Fishberg added.

Both changes, according to Fishberg, are not considered "substantial" and therefore don't require a republishing of the local law.

Several Raymond Court residents attended the hearing to publicly support the zoning changes and encourage residential life in the eastern most section of Garden City. Tom Laundry supports the zoning change to residential townhouses on the north side of Stewart Avenue and supports the change to multiresidential on the south side, as did his neighbor Michael O'Sullivan.

Others had serious reservations about constructing an assisted living facility on that site. Blanche Mueller believes 550 Stewart Avenue is one of the most "unlovely spots" she could think of to build such a facility. "All of a sudden we're ready to put an assisted living [facility] as far away from the center of town as possible ... Look at yourselves in the mirror tonight and ask yourselves this question, 'Would I put my mom and dad in a spot where to the north they have congestion, traffic and pollution entering Roosevelt Field and to the east and south the lovely landscape of KeySpan?' ... If you can say to yourself 'sure mom and dad would like that' then I respectfully request that they write you out of the will."

Bob Orosz of Grove Street couldn't believe the "push" to have assisted living at 550 Stewart Avenue. "Why do you want to bury the elderly before their time?" he asked trustees. "There's nothing around there, it's not near anything and Stewart Avenue is very traffic congested." He added that 550 Stewart Avenue is not an area he'd want to send any elderly person he knows. "The Cathedral site is a much more picturesque site for assisted living," Orosz told trustees.

Kevin Walsh, the attorney for the owners of 550 Stewart Avenue, told trustees a .75 FAR directly impacts what his clients have proposed to build. "We have worked and supported the concept of residential housing for some time in the area," Walsh said. "We have worked hard to develop housing that would give credit to this village on the eastern most end ... Through that all, we've digested and studied changes that this board has promoted."

Walsh said his clients are willing to work with the constraints the village operates under to build the type of housing that would be good for both sides. He urged the board to adhere to its prior proposed local law and not limit the FAR .75, adding that with the "type of clientele" they hope to attract, they need the ability to build big enough, with large hallways, a swimming pool and more. "We need certain things that will allow this to develop properly given its location ... Do not lose site of the provision to grant us a variance," Walsh said.

Trustee Donald Brudie pointed out that if an assisted living facility were to be constructed in the village, there is no guarantee Garden City residents will automatically reside in it. It's on a first-come, first-served basis, he reiterated.

An attorney from the law firm representing Sunrise Senior Living and Sunrise Development, which has an application before the board that requests a special use permit to construct an assisted living facility on the Cathedral House site, noted that his clients have made numerous modifications and have answered all the village's requests. "Yet, still, after three years, no action has been taken," he said, opposing on record the zoning change to put assisted living facilities in commercial areas. "Sunrise knows the market very well and knows where facilities work and where they don't," he continued. "Putting an assisted living facility in a commercial district literally doesn't work. To convince people to move out of their homes is hard enough, but to move into an industrial or commercial area in town is even more difficult. Placing people in a more residential setting makes the transition easier not only for the resident but for the family members who visit regularly," he said. "This ordinance would in effect violate the rights of residents to live in the zoning of their choice ... We've done what we've been asked to do, if this village is truly serious about bringing assisted living to your community then we submit that you shouldn't change the zoning and permit Sunrise to build at the Cathedral property."

Sunrise's senior vice president addressed the legal components of the proposed local law. "Mr. Walsh probably has a great plan and his client probably thinks he has a very appropriate site for this particular product. It doesn't sound to me though - if we're talking about the definition of assisted living - that we're talking about assisted living. It sounds like it's a combination of independent and senior living," he said.

"What I heard was 114 units. I thought I heard 174,000 square feet. If it was down to a .75 FAR reduction from 1.0 they would lose 56,000 square feet. Our entire building was 56,000 square feet. We're not talking about the same product ... 174,000 square feet at .75 FAR to me doesn't sound like assisted living. It may be a definition that you're using. Our assisted living communities, at least the ones I know of in New York in the immediate area ... are all about 75 to 80 units in 65,000 square feet ... If you're going to talk about assisted living in this new ordinance please define the product appropriately. If you want to expand it to assisted living and independent living for Mr. Walsh's client's site, that's your business. I'm telling you that in my experience and Sunrise's experience as a leader in the industry what you heard tonight is not an assisted living product."

John Donachie of Brooke Street, who has publicly opposed assisted living at the Cathedral House site in the past, noted, for the record, that Sunrise "openly declared at the beginning of this process that there were four pieces of property that were suitable to them and they did no due diligence on any of the other properties." Donachie added, "They were not interested in any of the other properties but the Cathedral property. They slammed the door on their own toes," he said.