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Zoning
board approves Bradley Bay expansion
By Eric J. Eakin
Bay Village
Published March 16, 2005
The board of
zoning appeals last week resuscitated Bradley Bay Health Center's
(BBHC) expansion plans, which had been near death following two
setbacks.
By a vote of
5-2, the board approved a request from BBHC owner John O'Neill for
a special-use permit for independent-living suites that will be
included in the $7-million expansion planned for land adjacent to
the existing center.
The approval,
however, came despite a strong protest by residents living in the
area, and with a variety of strings attached.
The strings
include: a reduction in the number of parking spaces necessary;
no more than 32 independent-living suites may be built; adequate
buffering shall be built along the south border; the new building
must be set back from Bradley Road the same distance as the existing
building; deliveries and garbage pick-ups are to be restricted to
business hours; there will be no further expansion on the property;
a corrected application must be filed, and that the proposed structure
be approved by the architectural board of review (ABR).
O'Neill also
announced at the meeting that the plans for the expansion had been
substantially altered in order to address some of the concerns of
residents. The new building, for example, would now be connected
to the existing facility. And an access road to the rear of the
facility will be built on the south side of the parcel, which will
increase the distance from the nearby Bay Commons condominiums.
More than 100
residents and others attended the BZA hearing, including many neighbors
of the center, lawyers for both sides, and numerous city council
and other city officials.
Despite presentations
by lawyer Gerald Phillips opposing the proposal and a statement
by Ward 2 Councilman Brian Cruse urging the board to reject the
proposal, it appeared a majority of the board members were in favor
of the request from the start after they almost simultaneously picked
up the motion for approval.
It might have
been obvious to the board that O'Neill, by a variety of loopholes
in current laws, was allowed to build the new building. The only
question was the makeup of the rooms inside it.
"I appreciate
that a lot of people have opinions on this issue, but public opinion
does not determine the law," board chairperson Jack Norton said.
"It's a given,
he (O'Neill) can build it," board member Barry Tyo said. "If he
(O'Neill) wanted to he could build 84 nursing-home beds. Would that
make everybody happy? No. It's only the assisted living part of
this project that is causing problems."
The proposal
now will go to the planning commission, as well as the ARB, for
further review. It is expected that O'Neill will be forced to submit
revised drawings in the wake of the conditions attached to the approval.
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