A residence for people with eating disorders which last year won a legal battle to operate in Glen Cove faces a new stumbling block.
The Glen Cove Board of Zoning Appeals ruled in June that residents can’t be housed in the second story of the clinic’s garage on St. Andrews Lane. The decision essentially bars Monte Nido & Affiliates from using the space as a bedroom for three residents and could put the company in violation of its operating certificate, which calls for the facility to provide 14 beds for clients seeking treatment, according to the organization’s attorney, Kathleen Deegan Dickson.
“Logistically, there is no other space within the facility for the location of the beds that are currently designated to be located on the second floor of the garage,” Monte Nido’s application to the zoning board reads. “Further, all renovations have been completed to convert the second floor of the garage into bedrooms.”
Deegan Dickson, an attorney for Miami-based Monte Nido, appeared before the zoning board Sept. 19 to appeal the decision. The ZBA voted unanimously to uphold its previous ruling.
“The opponents to Monte Nido, to the use, can see this application as another opportunity to try and shut down this lawful use,” Deegan Dickson told the board. “It’s a fight that they have vociferously and voraciously fought.”
A spokeswoman for Monte Nido declined to comment on the matter.
The challenge is the latest in a lengthy fight to keep the facility out of a residential neighborhood with historic homes. Last February, the city council rejected Monte Nido’s application to convert the three-story home into a facility for people with anorexia nervosa, bulimia and other disorders.
The New York State Office of Mental Health ruled in May that the city must allow Monte Nido to operate in the city. The department decided that the facility was covered under the state Padavan law, which limits a municipality’s ability to prohibit some types of group homes.
The city appealed the decision, but in September a state Supreme Court justice sided with Monte Nido. City officials chose not to appeal, but the fight has been carried on by several residents who live near the facility.
The George and Joan Hawkins trust, a couple whose property abuts the facility, filed an application with the ZBA earlier this year through their Syosset-based attorney, Howard Avrutine. The board handed down its decision in June blocking Monte Nido from using the area above the garage to house residents.
Avrutine argued that the zoning board should adhere to a ruling it made in 2015, in which it granted a variance to the prior owner of the St. Andrews house upon the condition that the second story of the garage be used only as servant’s or guest’s quarters.
Deegan Dickson said Monte Nido would file an appeal in Nassau County Supreme Court and declined to comment further.
BATTLING IT OUT
The Glen Cove City Council unanimously rejects Monte Nido’s proposal to convert the house on St. Andrews Lane into a facility for people with eating disorders.
The New York State Office of Mental Health ruled that the city must allow Monte Nido to operate at the location.
A state Supreme Court justice ruled against Glen Cove’s attempt to block the facility.
The ZBA rules Monte Nido can’t use the second story of the garage to house residents.
The ZBA votes to uphold its June decision after an appeal from Monte Nido.