Developers of the proposed Whisper Landing assisted living facility have filed a lawsuit against Smithtown Board of Zoning Appeals and town officials for failing to render a decision on their special permit application.
St. Johnland Development Group filed a lawsuit on Sept. 25 in Suffolk County Supreme Court over the right to build 136-bed assisted living facility on Route 25A and River Heights Drive, Newsday reports.
The court records show St. Johnland is sueing stating that Smithtown refused to vote on its special exception permit, required under town code for assisted living facilities, until the BZA cast its vote on the five variances it has requested for its site plan.
Richard I. Scheyer, attorney for St. Johnland, told Newsday the BZA did not render a decision on the variances within 62-days of its June 25 public hearing - breaking the town's own statutory deadline.
"There’s no doubt that assisted living facilities are useful, that’s not in question here. It’s a matter of whether or not it’s appropriate for that location," said Kristie Golden, a Smithtown resident, who works as a doctor and hospital administrator at the public hearing.