Letter to the Editor

Dear City of Peekskill Zoning Board of Appeals, 

Please let me introduce myself, Wendy Kelly of 904 Bernard Road Peekskill, NY in close proximity to the proposed Methadone Clinic. I spearheaded the opposition and petition of proposed facility in which 1000+ people signed.  I have received support from our previous Mayor Mary Foster in challenging the zoning definitions of this clinic, all common council members and community leaders in and around Peekskill. 

I would like to address the Zoning Board's decision about this Clinic's "use" by the public: the Outpatient Clinic is not a "professional" use. Even though there are Clinics in Peekskill which are zoned as "professional”, the Zoning Board and the Code is NOT bound by precedence, the way the City boards have voted previously.

I would like to ask the Zoning Board, who are taxpayers just like we are, to interpret the "Outpatient Treatment facility" as NOT a "professional" use according to City of Peekskill Code's Section 575-34(A)(6).  This project doesn't fit the definition of "professional" use, even though there are other clinics that were approved under this section of the code previously -- they were of a different scope, approved at a different time. We also know that the hospital wasn't approved as "a professional and business use," it had different and more specific zoning.

The only task of the ZBA, in this appeal by the City, is to interpret the language and meaning of the code, the term "professional" -- and whether this project fits that definition.

The "Zoning Primer", from the Westchester Municipal Planning Federation, explains the duties of the Zoning Board in reviewing the City Council's appeal.“

Interpreting the Zoning Ordinance: 

The zoning board of appeals is the sole municipal agency with the power to interpret the zoning ordinance. The municipal attorney can only give an advisory, non-binding opinion. The zoning enforcement officer’s role is to enforce the zoning ordinance as opposed to interpretation of the zoning ordinance. Appeals from the enforcement office’s decisions are heard when it is alleged that he has misapplied ordinance provisions in a particular case. The board first determines the facts of the case and then decides on the meaning of the ordinance. For example, the location of a district boundary where the zoning map is ambiguous or unclear is often a matter that the zoning board is asked to clarify. 

An interpretation is given only when an appeal is made and then only on the issues of that specific case. In all instances, the letter and the spirit of the ordinance must guide the interpretations, whether or not the board agrees with the content of the ordinance. The factual findings of the board are taken as final as long as adequate evidence supports them. Interpretations are, however, subject to reversal should they be appealed successfully in the courts. ...”

So, according to your duties, you need to see that there is adequate evidence that with the large amount of clients the Methadone Clinic, the possibility of emergency procedures, that it wouldn’t simply be “a professional office” --  it comes closer to the clinical uses of a hospital than it does a “professionals” office, like a lawyer who I work for.  Again, hospitals receive special zoning considerations. Also, your duty, as explained by the Zone Primer is to “first determine the facts of the case and then decides on the meaning of the ordinance.”

Now, let me tell you the facts how the Renaissance Project will impact everyone in the community, issues that were never addressed in the Environmental Impact Assessment:

1. Traffic flow issues have never been addressed at the request of Linda Puglisi Town Supervisor of Cortlandt.

2. Proximity to Uriah Hill School, Skate Park, Dunbar Heights, Highland Park and all other neighborhoods was never a consideration.

3. Every Police Officer that includes State Troopers that I have spoken with have said the clinic presents a very bad situation for any community. From their experience, the clinic clients do not leave the community; they hang around and cause trouble.

4. Police Officers will need to be aware that with this new homes and businesses are threatened to be burglarized. These people are addicts and very desperate people that will lie, cheat and steal from their own families... many have been incarcerated.

5. This clinic should remain in a hospital setting such as Hudson Valley Hospital Center that CEO, John Federspiel banished from his grounds with claims, no documents were provided, that they were losing 200K annually. A    small sum in the scope of running a huge multi- million dollar hospital.

6. Property values will continue to plummet which will result in a lack of investors and home ownership. 

Finally, I would very much like the Zoning Board of Appeals to reopen the Public Hearing at the January meeting and hear from me, and others in the community, why this would have such negative impact, and why many of would move out of the community if the Zoning Board didn’t do what it should and vote that the Clinic is NOT a “professional” use. I purchased my home in 1986, I have no responsibility to Peekskill other than I found it to be a very humble community and believed in the renaissance that was going to place.

Sincerely,

Wendy Kelly
904Bernard Road
Highland Park
Peekskill, NY 10566