PORT EWEN >> The Esopus Zoning Board of Appeals will resume discussions next month of a request by Rehabilitation Support Services for variances that will allow a 16-bed chemical dependence treatment facility to be built at 141 Prospect St..
The session is scheduled for 7 p.m. Dec. 15 in the Town Hall, 284 Broadway (U.S. Route 9W), Port Ewen.
The plan calls for construction of a 7,300-square-foot building on vacant 2.5-acre lot owned by Christopher Cole. The zoning appeal was filed after town Building Inspector Timothy Keefe determined the facility would be out of compliance with uses allowed in a residential district.
Town residents and officials have voiced opposition to the proposed facility, saying the developer’s contention that it would be a “residential” center is misleading.
“Of particular note is their definition of a ‘family,'” neighbor Laura Peitit said. “They’re claiming it’s similar to one they have in Saugerties, but according to the contract [with Ulster County], their Abel House is considered a halfway house, which, in all respects, isn’t really a family dwelling. It’s a professional service facility.”
A May 26 letter to Esopus officials from Rehabilitation Support Services attorney Paul Freeman said the Prospect Street property was selected because it is zoned residential and the facility should be considered a one-family residential structure.
“New York case law has long held that the term ‘family’ does not necessarily mean a biological or traditional family but instead can be interpreted to include a functional family,” he wrote.
Freeman also said courts have ruled residents of group homes for drug addicts and alcoholics are not considered “transient.”
Petit, a former Ulster County legislator, said Esopus officials should review the corporate philosophy of Rehabilitation Support Services.
“The proposed ‘dwelling’ is actually a corporate asset to generate revenues and is not intended as an owner-occupied residence,” she said.
“Under their most recent IRS Form 990, filed for 2013, this corporation claimed $44,286,579 in revenues and is declared as providing professional services with revenues being received through ‘more than 33 and a third percent of its support from contributions, membership fees, and gross receipts from activities,'” Petit said. “[The] executive director was paid $388,658 and … his sister was paid $131,381 as director of quality improvement.”
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Related content
“Proposed drug treatment facility in Port Ewen seeks zoning variance,” Nov. 12, 2015
“Esopus board upset over planned treatment facility,” June 1, 2015
