South Abington Twp. seeks solution on Elan Gardens proposal

South Abington Twp. officials want a senior living community and neighboring residents to come up with a solution on its plans to expand.

The zoning hearing board was poised to vote last week on Elan Gardens Senior Living’s plans for a four-story structure to its existing building and 16 one-story buildings on its property on Venard Road. They have pushback from neighbors, who believe they change the character of the area and violate a special exception the township granted the facility in 1995, which stated Elan Gardens could only build on four acres of the property and not obstruct nearby residences.

Instead of voting, the board directed the attorney representing Elan Gardens and the neighbors to speak with one another to come up with a plan for the project that both parties are okay with, and continued the hearing to May 14 at 6:30 p.m.

James Tressler, the attorney for Elan Gardens, said Elan has discussed the neighbors’ concerns and is hopeful to meet with the neighbors to come up with an agreement. He acknowledged their concerns about the height of the structures and have addressed others, including setting the plans further away from the neighbors.

Tressler hopes to come to an agreement that will address neighbors’ concerns.

“Elan remains extremely hopeful that there can be an agreement,” he said. “Elan continues to believe that this is a very valuable project, one that will benefit the community, and one that is in keeping with the immediate surroundings, which include the Scranton State School for the Deaf, Heritage Baptist Church, the former Clarks Summit University. I just believe we are in keeping with those types of uses and will benefit the community at large and it’s Elan’s opinion that there’ll be absolutely no detrimental impact to the rear residential neighborhood.”

Alex Fried, one of the neighbors who has spoken about the plans, didn’t expect the outcome from last week’s hearing, adding he and his neighbors need to discuss the plans among themselves and with Elan Gardens.

James Brando, an attorney representing the neighbors, said in a legal brief there is no room for Elan to expand on its existing land and the plans could increase traffic. He also argues that Elan’s plans are a new use on the property, adds multiple new buildings on the same site, which the township’s zoning ordinance prohibits, the townhouses and apartments don’t qualify as an assisted living facility, are prohibited in the residential zoning district and the height of the buildings isn’t in compliance with the township’s zoning ordinance.

“The law does not permit zoning boards to bend ordinances to accommodate ambitious development plans,” Brando wrote.

Residents at multiple hearings described how Elan Gardens affects their lives and how the expansion could harm their future use and enjoyment of their properties, testifying they would see the expansion from their vantage point, he said.

“The residents in the community testified that the rural suburban residential character of the community mattered to them, and that they would undoubtedly be affected by a change in that character,” Brando wrote, adding the board should consider resident testimony in its decision.

Tressler said in a legal brief that testimony from Elan officials shows the use is consistent with the health, safety and general welfare of the community, adding Elan has never received complaints from neighbors, who he said did not present testimony contradicting the plans or increased traffic. He added it fills a significant demand for senior independent living.

Tressler said nothing in the 1995 decision prevents additional expansion on the site and not a new use. He said the existing site topography made it hard to develop on its eastern side of the property, which is 150 feet from residential properties, with trees and vegetation in between them.

The project, which will known as Elan Commons, call for the four-story structure with 48 units to its existing building and 16 one-story buildings, on the 22-acre property. It also calls for setbacks ranging from 20 to 50 feet on all sides of the property and for the addition, which would be 44 feet high — 9 feet above the maximum building height of 35 feet under township zoning. It also calls for a special zoning exception to construct the freestanding housing units. The plans include several stormwater management areas and 133 new parking spaces.

The current building, which has 58 assisted-living residences, opened in 1996.