Issues Remain Unresolved with Cortlandt Home Business
The Cortlandt Zoning Board of Appeals last week continued to grapple with several issues surrounding a home-based business in town that has been educating children for over a quarter of a century.
“We’re faced with a situation and we’re trying to do a fair and equitable thing,” said ZBA Chairman David Douglas. “We’re not trying to smash anything that’s good.”
Key Institute for Learning Strategy on Maple Avenue has been under the watchful eye of Cortlandt officials since April when the Code Enforcement Office received a complaint regarding the number of people in the home. The ZBA is trying to determine if Key Institute, which has been in business since 1984, violates the Town Code by having more than four individuals at a time.
Legal representatives for Key Institute and owner Marcia Royce have contended the business is a legal, non-conforming use that should not be subject to amendments made to the code in 1993. Key Institute operates five classrooms in a remodeled garage that Code Enforcement Director Ken Hoch said Royce recently submitted a building application.
Hoch reminded the ZBA that Key Institute is not bound byNew YorkState’s Building Code that allows a maximum of 19 people for such facilities since it’s not classified as a school.
“All my programs except one are less than 19 students,” said Royce, who noted a summer learning camp program had as many as 25 students.
Michael Hussey, a neighbor of Key Institute, said at times as many as nine cars are parked behind Royce’s home, just a few feet from his deck.
“Somehow they have it figured out that they’re being beat up here. As far as I’m concerned, none of us would be here talking about this is she followed the rules. She refuses to follow the rules,” Hussey remarked. “They might have a case to be grandfathered out (of the code).”
Robin Alpern of Peekskill said her daughter has been attending Key Institute for two years and emphasized Royce carefully monitors the traffic.
“I have not seen dangerous situations there. It’s an excellent contribution to our community,” Alpern said. “I’m not asking that we break any laws, but that we allow this excellent program to continue.”
The ZBA has scheduled a site inspection at Key Institute for December 15 and will discuss the matter again at its December 19 meeting.
“We all accept Ms. Royce does a good job and that kids are truly being helped. We’ll take that as a given,”Douglassaid. “If this was a commercial zone, it probably wouldn’t be an issue. There are certain rules of what you can and cannot do in a residential zone. There are impacts that this has.”
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