Thank you for sharing!

Your article was successfully shared with the contacts you provided.

GARDEN CITY, NY-A new zoning code amendment enacted by the town of Huntington here will facilitate the development of assisted living facilities in the Suffolk County town, a local zoning attorney said. The new zoning category, called R-HS Residential Health Services, will allow operators of assisted living facilities and other senior facilities–except senior housing–to build properties at greater densities than previously permitted and in more areas of the town than formerly allowed.

Previously, assisted living facilities and other senior facilities were included in the same zoning classification as senior housing. Keith Brown, a partner in the Garden City law firm Brown & Altman LLP, tells GlobeSt.com that because they were included in the same zoning classification, the town was only getting senior facilities applications.

“Until now, the zoning code was very restrictive and prevented the development of assisted living facilities in the town of Huntington due to its technical requirements,” says Brown. “Practically speaking, the code did not permit yields that made these projects viable.”

Brown tells GlobeSt.com that so far, the new zoning category has not yet affected any properties, but “it may affect future development.” Brown continues that “the town board and planning staff responded to the industry’s concerns by completely revamping the code to make these projects more economically feasible. Town Supervisor Frank Petrone and the Huntington Town Board also recognized that assisted living facilities are greatly needed in light of our aging population.”

Approved on June 11 by the Huntington Town Board, the R-HS zoning district will permit the construction assisted living facilities with units of a minimum size of 2,200 sf, compared with units of 3,000 sf before the zoning code change. The new zoning provision leaves the five-acre site requirement unchanged. The new code requires that 30% of the property be landscaped.

“The new zoning will allow development of assisted living facilities along arterial roads, such as Jericho Turnpike, in addition to collector streets,” Brown adds. “It will also allow developers of these facilities to reuse underutilized commercial sites in the town.”

He adds that “procedurally, any assisted living facility will require a change of zone application to the town board. This will permit the town board to exercise greater control over the zoning approval process for assisted living facilities.” The old zoning required the issuance of special-use permits by the Huntington Zoning Board of Appeals, which could be challenged in court, Brown says. A change of zone is considered to be a legislative act and is virtually impossible to challenge in court, he says.

Want to continue reading?
Become a Free ALM Digital Reader.

Once you are an ALM digital member, you’ll receive:

  • Unlimited access to GlobeSt and other free ALM publications
  • Access to 15 years of GlobeSt archives
  • Your choice of GlobeSt digital newsletters and over 70 others from popular sister publications
  • 3 free articles* across the ALM subscription network every 30 days
  • Exclusive discounts on ALM events and publications

*May exclude premium content
Already have an account?


Join 1000+ of the industry's top owners, investors, developers, brokers & financiers at THE MULTIFAMILY EVENT OF THE YEAR!

Get More Information


Join GlobeSt

Don't miss crucial news and insights you need to make informed commercial real estate decisions. Join GlobeSt.com now!

  • Free unlimited access to GlobeSt.com's trusted and independent team of experts who provide commercial real estate owners, investors, developers, brokers and finance professionals with comprehensive coverage, analysis and best practices necessary to innovate and build business.
  • Exclusive discounts on ALM and GlobeSt events.
  • Access to other award-winning ALM websites including ThinkAdvisor.com and Law.com.

Already have an account? Sign In Now
Join GlobeSt

Copyright © 2020 ALM Media Properties, LLC. All Rights Reserved.