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The original item was published from 11/28/2021 3:58:40 PM to 11/29/2021 12:24:45 AM.
News & Town Board Reports (gblist)
Posted on: November 29, 2021
[ARCHIVED] Appellate Division hearing today (Monday) Shelbourne Assisted Living
Appellate Division to hear arguments re: Shelbourne
Oral arguments in the Shelbourne Assisted Living Facility litigation will be heard Monday, November 29th at 45 Monroe Street in Brooklyn before a panel of four appellate judges. The oral arguments will be live and in person, however, anyone interested in watching remotely can do so by clicking “Oral Argument Live” on the Appellate Division-Second Department websites at Appellate Division - Second Judicial Department (nycourts.gov) or http://www.nycourts.gov/courts/ad2/covid-19.shtml. Calendar call commences at 10 am and the matters are listed as #12 and #13 on the attached calendar. The Town’s cases will likely not be heard until late morning.
In short, the litigation and appeals pertain to the Greenville Fire District and Council of Greenburgh Civic Associations’ contentions that the Town improperly evaluated the environmental impacts to the surrounding area before issuing variances and a special permit to Shelbourne Senior Living, LLC to construct an assisted living facility at 448 Underhill Road in Edgemont. The property was previously operated as the Sprainbrook Nursery. The Krautter family owned and operated the nursery since 1944 and was active as a commercial nursery since the early 1930s. The Krautters indicated that they would like to sell the property to help them with their retirement expenses.
Westchester County Court Judge Susan Cacace previously concluded that the Fire District and Civic Associations lacked standing to challenge the Town’s findings and that, in any event, these issues had already been decided in favor of the Town. Today's arguments constitute the petitioners’ appeals of Judge Cacace’s determination.