Court Rules For ZBA Over Drug Rehab Center On Quaker Ridge Road

CORTLANDT, NY — A proposed hospital for substance abuse has won a ruling in state Supreme Court over opponents who don't want the former Hudson Institute site developed. A group of residents had filed a lawsuit seeking to overturn the Cortlandt Zoning Board of Appeals decision in favor of the proposal by Hudson Ridge Wellness Center Inc.

There once was a sanitorium at 2016 Quaker Ridge Road. The Wellness Center wants to put a new specialty hospital on the 20.8 acre lot that would provide residential treatment for up to 92 patients with substance abuse disorders.

The center needs a zoning variance from the town's zoning law requiring hospitals in a residential district to front on a state road. Quaker Ridge Road is a town road.

The Cortlandt Town Zoning Board of Appeals made an initial determination that the hospital needs an "area" variance under the town's Zoning Code. The board members said they would hold more public hearings about whether to grant such a variance.

Neighbors who have opposed the project before the Planning and Zoning boards sued, arguing that a "use" variance was in fact required.

The court pointed out that it was the opponents who had asked the ZBA to consider the procedural issue of a "use" or "area" variance. That kind of limited interim decision is only "ripe for judicial review" once a final determination has been reached on a project.

The court also pointed out that opponents still have a clear opportunity to convince the ZBA to reject the variance they are considering. A "hypothetical injury which rests upon the occurrence of events which might or might not occur at a future point in time" does not merit judicial review, said Judge Susan Cacace.

The opponents have formed a group called Citizens For Responsible Hudson Institute Site Development, whose Facebook page can be found here.

Their position is supported by the Greater Teatown Defense Alliance, which issued a statement on the ruling through its public relations firm:

The Greater Teatown Defense Alliance (GTDA) comprised of neighbors and member organizations, commends the Supreme Court of New York on its decision to encourage comprehensive review of the controversial development of a for-profit, luxury drug and substance abuse rehabilitation facility currently proposed in Teatown.

Neighbors, facing growing concerns of a decreased drinking water supply and irregular zoning that could leave patients and neighbors at risk while setting a bad precedent with regards to the interpretation of the Town of Cortlandt Zoning Code, appreciate that Judge Susan Cacace’s decision allows the community a full and fair opportunity to present arguments and data to the Town Zoning Board about the adverse effects of a specialty hospital in an area with limited infrastructure and natural resources.

The GTDA remains committed and fully capable of making every legally available effort to persuade the Zoning Board to deny the still-pending and undecided Hospital application. The application, which is inconsistent with the Town Code, could threaten Hospital patients with limited access to medical needs due to a lack of state roads along the proposed site, immediate neighbors who have already gone without water due to flawed or absent well water testing, and the community as a whole if precedent is created disregarding thoughtful municipal planning designed to create a safer, greater community.

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