PB-18-09/Kessler Foundation, Inc. Amended

18. 19: 20. 21. 22. alternative to the zone plan. The Applicant already has two loading spaces and the new office, lab and storage space do not require an additional one. As for the lot coverage variances he noted that the two main concerns, namely, stormwater and light and air were well protected despite the variances. He further noted that the size, shape and slope of the lot, as well as the proposed improvements being at the rear and practically unseen from the street were signs that the property could accommodate the increase in coverage. Mr. Petry noted that the new addition would be used for research to further on the purposes of the Kessler rehabilitation facility next door where victims of serious physical and mental injuries received treatment for severe disabilities. In that way he said it was accessory to an inherently beneficial use and should be thought of similarly. FINDINGS OF FACT AND CONCLUSIONS OF LAW The Premises are located in the R-2 residential zone where a rehabilitation hospital is a permitted use. Applicant seeks to construct a 11,302 sq. fi., two-story, 30’ tall addition for additional research facilities at its campus on 1199 Pleasant Valley Way. The addition would contain room for offices, storage and dry lab space. The addition was described as necessary to further the work of Kessler Rehabilitation Institute which treats individuals suffering from severe disabilities. The addition would trigger four (4) variances — lot coverage, effective lot coverage, number of loading spaces and right side yard setback, as described in the chart in Par. 14 above. The variances can be granted. The Board is well aware of the good work and prominent reputation of the Kessler Institute. It performs a valuable service which contributes to public health and safety. The proposed additional research facility will further those institutional goals by creating additional room for research and office functions. The evidence showed that Applicant already has 2 loading spaces and the testimony was that no more are needed and it would by nonsensical to require them. The addition would not create any additional demand for another loading dock or any offsite negative impacts. The lot coverage variances will be accommodated by the large lot, the stormwater management plan, and the fact that the addition and new parking spaces will be at the rear of

offsite negative impacts. The lot coverage variances will be accommodated by the large lot, the stormwater management plan, and the fact that the addition and new parking spaces will be at the rear of the lot and largely unseen from Pleasant Valley Way due to the sloping front lawn. The neighbor to the left is a National Guard facility, to the right is the Daughters of Israel Geriatric Center; and behind the property are steep slopes. There are no residential neighbors immediately adjacent to the proposed improvements. In addition, there will be adequate light and air notwithstanding the proposed nonconformities. All of these factors point to a finding that the lot coverage variances, the right side yard setback variance, and loading space variance, can be granted without causing substantial detriment to the public good nor substantial impairment of the zone plan and ordinance. 4