New City (Town of Clarkstown), NY

A 60-year old adult home wants to expand its footprint and its property to provide different services (assisted living). The Clarkstown Zoning Code does not permit this use in the zoning district in which the home is located. Any expansion would therefore require a use variance to expand a prior non-conforming use.

Working with the Town’s Planning Department, we identified an adjacent zoning district that allowed the use as a special permit. In addition, we were able to show that the site met the dimensional and operational requirements of the special permit.

The Clarkstown Town Board granted a petition to change the zoning district on July 9, 2019.

Having secured the zone change, the applicant proceeded to site plan and special permit approval from the Clarkstown Planning Board. The facility will expand from 44 beds to 79 beds.

Zone Change Petition

Special Permit Compliance Analysis

ZBA Narrative

Planning Board Final Site Plan Narrative Summary

Neg dec (site plan) granted August 12, 2020

Variances granted November 2, 2020

Preliminary Site Plan approval granted May 19, 2021

Special Permit granted May 19, 2021

Final Site Plan approval granted September 29, 2021


Image courtesy of Atzl, Nasher & Zigler, P.C.