South Abington Twp. residents want a Lackawanna County judge to overturn a decision that allows Elan Gardens Senior Living to expand its facility.
Attorney James Brando filed an appeal on behalf of 11 property owners who live near the senior living facility on Venard Roard. The appeal asks the Lackawanna County Court of Common Pleas to reverse the board’s decision granting a request to build a 48-unit addition and 16 one-story buildings on its 22-acre property.
The decision allows Elan to build the addition and buildings with a 90-foot rear setback and a 20-foot side yard setback from its property line.
Neighbors pushed back on the project known as Elan Commons. They said it will 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 4 acres of the property and not obstruct nearby residences.
The plans, the attorney contends, are not allowed in the township’s residential zoning district, of which the property is a part. They contain multiple attached buildings and duplexes, both of which are not permitted in the zone.
Brando further argues the board did not uniformly apply the zoning ordinance to the application, which defines an assisted living facility as one serving people 62 years and older, while the project allows those 55 and older. The zoning ordinance also requires such facilities to have a 50-foot setback from all property lines.
Board members also ignored residents’ concerns regarding the expansion’s impact and compatibility, concluding it would not adversely affect public health, safety, welfare, neighborhood character or surrounding properties.
Alex Fried, one of the residents Brando represents in the appeal, said he and his neighbors think the zoning hearing board erred in its interpretation of the township’s zoning regulations by allowing multiple family homes in a residential zoning district, which is what Elan Gardens’ plans called for.
“We think that multiple family homes in an R-6 single family residential (district) is not allowed, and it hasn’t been allowed in any other such zoned parcel in South Abington Township,” he said.
Fried said the board’s decision affects the neighborhood.
“Our neighborhood obviously is concerned about the impact to us and has certainly raised the funds to continue this appeal for legal means, as is our right,” he said.
Although the board granted Elan’s request for the addition and additional buildings, it denied the facility’s request for a variance allowing the addition to be 44 feet high — 9 feet higher than the maximum building height of 35 feet under township zoning.
James Tressler, the attorney representing the facility, previously said they sought to make the addition taller than what is allowed under township zoning so the plans didn’t abut so closely with neighboring properties.
Contacted Tuesday, he said the appeal was unfortunate. The project is beneficial to the neighborhood and the region because it allows the increasingly older population a place to age in one location, he said.
But Elan Gardens is sensitive to the neighbors’ concerns and remains willing to meet with and discuss them, he said.
“We understand the neighbors might not want any project, but we were and remain willing to discuss it,” Tressler said.
Elan officials previously said the expansion allows older individuals to live on their own with support available, and the new units allow residents to transition from living independently to assisted living and, if needed, skilled nursing. Tressler said Elan plans to move forward with the plans.
“It enhances the property as it currently exists, and it will … enhance the region by providing alternative senior living arrangements for all of us that are ultimately going to … possibly wanna age in place,” he said.
The current building, which has 58 assisted-living residences, opened in 1996.