OBJECTED TO THE DEVELOPMENT OF A RESIDENTIAL FACILITY FOR SIX ADULTS
When the Young Adult Institute, Inc., advised the Town of Mount Pleasant that it was intending to build a residential facility for six developmentally disabled adults, the Town objected and requested a hearing pursuant to the state’s Mental Hygiene Law.
After the Acting Commissioner of the New York State Office for People with Developmental Disabilities rejected the Town’s objections and approved the project, a special proceeding [pursuant to CPLR Article] was filed with the New York State Supreme Court and transferred to the Appellate Division, Second Department.
Upon its review of the dispute, the AD2 noted that the “only” legal basis for objecting to such a facility would be if there were “`a concentration of similar facilities in an area [and] that [the proposed addition] would substantially alter the nature and character of the area.'" Since the Town failed to show “by clear and convincing evidence” that such a consideration existed, the AD2 denied the challenge and confirmed the project’s approval.
Looks like that development for the developmentally disabled is getting developed.
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DECISION