ZBA OK’s Brendan House care facility on Sound Ave.

04/26/2013 8:30 AM |
Brendan House in Riverhead

PAUL SQUIRE FILE PHOTO | Brendan House is named in memory of Brendan Aykroyd, a 25-year-old Blue Point man who suffered a brain injury in a 2009 assault.

The vice president of New Beginnings Community Center of Medford had just gotten up to speak at Thursday’s Zoning Board of Appeals continuation of a hearing from two weeks ago, when ZBA chairman Fred McLaughlin told him to sit down.

Mr. McLaughlin then asked the audience, “Do we have anyone here in opposition to the Brendan House?”

When no one spoke, the ZBA then proceeded to vote on the resolution unanimously approving the proposed group home for people with traumatic brain injuries.

The community residence, planned for a vacant Sound Avenue farmhouse, would house four people who have suffered traumatic brain injuries and may be considered medically dependent, thus in need of around-the-clock care.

Each resident would have an aide, but the aides would work shifts and would not live in the residence themselves.

Under the plan, a barn building that is already on the property would be converted into an apartment for use by the “house master,” who would oversee the facility and serve as backup for any aides who cannot make their shift, the group said.

Michael Hubbard, a Riverhead teen who suffered brain damage in the aftermath of being badly burned by an exploding gel candle in his backyard in May of 2011 is expected to be one of the residents of Brendan House.

He has been staying in a children’s hospital in upstate Valhalla for about two years since the accident because no such facility exists on Long Island.

His mother, Nancy Reyer, has been staying upstate to be near her son.

Since the Town Code has no specific category for this type of facility, the application was sent to the ZBA for an interpretation as to whether it is a permitted use in the agriculture protection zone on Sound Avenue.

“It is the determination of the ZBA that based upon existing federal, state and local statutes toward brain work as well as a litany of federal and state court decisions interpreting the same, the community residence to be known as Brendan House, as proposed, meets the definition of a single family dwelling use and the use is therefore a permitted use in the agricultural protection zone,” ZBA attorney Scott DeSimone said in reading the board’s decision.

The separate apartment for the house master is a customary and incidental accessory use to a community residence, the ruling stated.

Following the hearing two weeks ago, Riverhead Supervisor Sean Walter said publicly that he believed the proposed home may be exempt from town zoning under a state law called the Padavan law, which usually is applied to group homes for developmentally disabled residents.

The ZBA ruling Thursday included a condition stating that if the principal use of the community residence ceases, the other building can no longer be used as an apartment.

At the meeting two weeks ago, ZBA member Leroy Barnes had asked to review the town’s entire file on the property and other ZBA members had asked for more specific information about what was being proposed in the building and what uses existed there in the past.

New Beginnings vice president Steve Scerri was unable to immediately provide that information at that meeting.

On Thursday, he thanked the ZBA for the approval.

Mr. McLaughlin said Mr. DeSimone had worked quickly to get all the information needed to make a ruling on the case this week.

Mr. Scerri told a reporter afterward that the group’s next step will be getting building permits and county health department approval.

The renovations needed for the structure should take about four months.

He is hopeful the Brendan House will be up and running by the fall.

Brendan House is named in memory of Brendan Aykroyd, a 25-year-old Blue Point man who suffered a brain injury in a 2009 assault.

tgannon@timesreview.com