| December
15, 2006: THE TIMES OF SMITHTOWN sent an
investigative reporter to visit our home and Angel's
Gate. They published his extensive report starting
on their front page which you can read in full:
Click
here: Welcome to Times of Smithtown Online
Front Page ;Continued on Page A5 and A15
Also, see LETTER
TO THE EDITOR PAGE 22
December 14, 2006: Suffolk
Life carried the story titled "Was
Angel’s Gate ‘Gypped’ By BZA?"
in this week's issue. It features the comments
of Muriel D. a very sharp octogenarian and frequent
contributor to Smithtown Town Board meetings.
The article tells of her comments to the Board
about how unfairly, in her view, the BZA treated
Susan and Angel's Gate at the appeals meeting
of November 28th. She pointed out among other
things that the questions asked of Susan were
of a personal nature having nothing to do with
the business at hand, namely to consider issuing
a Certificate of Prior Use. She summarized her
comments by stating “The
grandfather clause got clipped and Angel’s
Gate got gypped.”
December 1, 2006:
The Board of Zoning Appeals (BZA) Meeting was
held on 11/28/ finally, after 2 previous postponements.
The BZA Chairwoman made it clear that she would
not allow any discussion of our first petition
for "an interpretation" of the new zoning
amendment which defines " animal hospice
" and then limits it to non-residential areas.
No explanation was offered even though we were
charged $500 to apply to the BZA for it. We believe
the new zoning regulation should not apply to
Angel's Gate but our attorney was not permitted
to explain why.
The Chairwoman would only allow us to make our
case for a "Certificate of Prior Use "
commonly known as the "Grandfather Clause".
She said she would not allow anything off this
issue. The BZA was like a jury, she said, to hear
the case of whether we qualified for the Certificate
of Prior Use or not, nothing else.
Our attorney ,Dan Dillon, ably presented our
case;
He posited 4 reasons
why we should not be subject to the newly amended
ordinance:
1. It is beyond the authority of a Town to create
a class of animal facilities, and then prohibit
them;
2. What we do is not a "home occupation",
under which we are now categorized;
3. The amendments to the ordinance target us and
constitute "reverse spot zoning". That
is, there is no preclusion from purchasing 200
healthy, non-stray pets and keeping them in one's
home.
4. Lastly, the fact that we have done what we
do for 13 years surely entitles us to a Certificate
of Existing Use under both the Town Code and State
judicial determinations.
The Chairperson allowed extraneous issues in the
form of questions from the Town Officials on the
dais ( what's your day like; how many animals
do you intend to have in the future; do you inject
medications...etc). She, herself, asked that the
Director of the Smithtown Animal Shelter to testify.
She asked him a list of questions about his visit
to Angel's Gate in April of '06. Specifically
how many animals were here, the conditions of
their housing (odors and crowding..etc.) None
of her questions were pertinent to the issue before
the BZA and all were in violation of her own grounds
rules . The Shelter Director in obvious discomfort
answered her list of questions with a list of
prepared answers.
We were told by the Chairwoman that a decision
would not be made for another few weeks. But given
the nature of the questions asked by the Chairwoman
and various Town Officials and the fact that no
other member of the Zoning Board asked pertinent
questions ( or any for that matter) ,we would
be surprised by a favorable outcome. Our only
hope is that the powers that be will conclude
that denying our rights under the law and at the
very least denying us a Certificate of Prior Use
will fail miserably in the courts.
November 28, 06:
The long awaited Zoning Board Hearing is tonight!
It will be held at the Senior Citizens center
on Route 25 ( Jericho Turnpike Smithtown ) Please
come.
October 15, 06:
We are in a "holding pattern" awaiting
the zoning appeal meeting scheduled for Nov. 28th.
September 29, 06:
As expected the hearing before the Zoning Board
was postponed by the Town ,again. They have placed
it on their calendar for November 28th.
September 20, 06:
We have placed the required lawn sign by the street
to alert interested parties as to the planned
zoning board hearing on Sept. 26th for our appeals
for "interpretation" ( that the new
code does not apply to us) and "certificate
of prior use" (grandfather clause) . However,
our attorney has been informed "that
the matter has been adjourned indefinitely because
the Board of Appeals does not have a denial from
the Building Department".
September 12, 06:
It appears that the Town is going to postpone
our hearing, again. This time it's because we
are attempting to do everything in our power to
be in compliance with the zoning codes; at least
those prior to the changes which placed us in
jeopardy. They say that first the Buildings Department
must deny our request for permits or reject our
response to the recent list of 16 violations before
they will give us our hearing. Why don't they
just deny us and let us proceed with our legal
case?
August 25, 06: The
day before our Town scheduled hearing on August
15th, we received a "NOTICE OF INSPECTION"
which lists 16 building code "violations"
based on an inspection dated April
18, 06. Interestingly, some of the violations
reflect the new code changes which were not in
existence in April. Still we will do all that
is necessary to pass inspection and then hopefully
we can have our hearing. Sadly we must spend funds
needed for animal care to do this. Click
here to send
a donation to help defray the extra costs.
August 20, 06: The
Sunday edition of New York Times has printed an
article on our plight. The article written by
Linda F. Burghardt is titled : An Animal Sanctuary
Is Under Pressure to Move. You can find it in
the Long Island Section and on line. Read
the article.
August 14, 06: The
Town has postponed the hearing ( see Up Date below
) until Sept.26th. The Town claims they must further
inspect our home before we will be allowed to
have our due process. Though the Town has sent
every Town Department here on multiple occasions
and never found us in violation, they find it
necessary for further inspections ? We will see
if this time they "find us in violation".
Though this is obviously a stalling tactic and
one designed to "punish us" for living
within the law, our attorney advises that we cooperate.
August 10, 06: According
to the Town Attorney, the amendment to the zoning
code designed to target Angel's Gate, has gone
through. To this point we have not heard from
the Town directly, in any way.
Through our attorney, we are we are asking for
the Board of Zoning Appeals to declare that the
zoning amendments do not apply to Angel's Gate
because it is not a Home Business, as are the
other categories of prohibited practices. These
include barber shops, veterinary hospitals, etc.
Additionally, if the ordinance is found applicable,
we are requesting that they issue a Certificate
of Existing Use (grand father clause).
A hearing had been set for August 15th at the
Senior Citizens Center on Middle Country Road
(Route 25) in Smithtown (near the Town Shelter).
July 27, 06: It
has come to our attention that New York Sate Senate
Majority Leader Joseph Bruno is sympathetic to
animal rights issues. He may be contacted through
his website at http://www.senatorbruno.com.
July 23, 06: Letters
of support keep pouring in. Please keep sending
letters to the Town Board (information below),
the media and to New York State Officials (see
July 13/06). We must keep the pressure on the
Town and stay current in the media. We want them
all to know that we are not just going to fade
away.
July 20, 06: Read
Susan's letter to the Town Board dated 7/10 prior
to their voting us out of town. And, no they haven't
responded. CLICK HERE
July 14, 06 We are
getting panic calls from frightened people who
relinquished their companion animals to Susan
and Angel's Gate. Please be assured that Angel's
Gate is not closing. Our animals will remain in
our care for the rest of their lives. And we do
not intend to be forced out of our home.
JULY 13, 06: Since
Supervisor Vecchio stated that the State must
first agree to the change in the code , our efforts
might best be placed there. It might be useful
to contact Christopher
L. Jacobs, New
York Secretary of State and other State Representatives,
Senator
John J. Flanagan and Assemblyman
Michael J. Fitzpatrick to ask that they look
into the Town's "targeted zoning" amendment.
You can refer them to this website and to Newsday
articles and especially to The Times of Smithtown
who have accurately reported on these goings on.
They may be interested to know that "Animal
Hospice" as a place is not defined by the
State of New York, so how does the zoning amendment
square with State Law?
July 11, 06: The
Smithtown Town Board led by Supervisor Pat Vecchio
voted 4 to 1 to amend the zoning code to "include
animal hospice" as
a prohibited practice of animal care in
residential portions of the township. In effect
this is designed to eliminate Angel's Gate from
our Fort Salonga neighborhood. He stated that
after a 10 day waiting period during which the
Sate of New York must sign off on the changes,
Angel's Gate will be in violation of the code
and subject to disciplinary action as determined
by the Town Attorney. What this means exactly
is not clear. Will we be fined? ; forced to move?;
will they attempt to take away our animals ?....
Only Councilperson Joanne Gray voted against the
amendment citing among other things that it is
illegal.
Our attorney, Dan Dillon, tells us that what
they have done is illegal,
that we have the law on our side and will prevail
in the courts.
In the Board's efforts to make it appear as if
Angel's Gate is not the target of the rezoning,
the overly broad language of the amendment places
in jeopardy any individual or group's efforts
to care for injured and ill animals. It defines
Animal Hospice as a place "All
or part of the premises, building and facilities
utilized for the purpose of taking in and providing
for the care and treatment of sick, abandoned,
homeless, injured, deformed and/or terminally
ill animals." (Actually hospice is
not a place but a concept of care typically practiced
in one's home.)
By this zoning amendment, altruistic and humane
actions directed toward the relief of a suffering
animal becomes a violation of the code if you
bring the animal into your home or office or business
and subjects you to disciplinary action by the
Town's Attorney. Smithtown in effect is telling
us that all we can do is to take the animal to
the Town's badly under funded kill "shelter"
. Is this the "appropriate care " that
Mr.Vecchio suggests be given to the animals at
Angel's Gate?
We want to thank our supporters who came to the
meeting and especially a special senior supporter
Muriel Deitch who recited a "Quatrain"
which she lovingly dedicated to Councilperson
Joanne Gray.
When's time to go,
as go we must
and round that judgment seat we're thrust
may birds and beasts, all creatures we
be there to testify for thee.
Smithtown to try to Zone us out of
Existence
UPDATE:
The following is from an article in the Smithtown
News
Town Board notes
In an effort to address neighbors' concerns about
Angel's Gate, a hospice for terminally ill pets
operated from a home in Fort Salonga, the Smithtown
Town Board will hold a public hearing June 15
at 8 PM at the Smithtown Senior Citizen Center
to consider amending the Town building and zoning
code as it relates to animal boarding, kennels
hospice.
Under the provisions of the proposed amendment,
the term Animal Hospice will be added to the building
code. It will be defined as: "All or part
of the premises, building and facilities utilized
for the purpose of taking in and providing for
the care and treatment of sick, abandoned, homeless,
injured, deformed and/or terminally ill animals."
The use will be permitted as a home occupation,
which will allow only people who reside in the
home, and one other person, to work at the hospice.
A special exception permit from the Smithtown
Board of Zoning Appeals will be required to operate
such a home occupation business.
The Town Board voted unanimously May 9 to schedule
the June 15 hearing. Town Board members said at
the May 9 hearing that if the amendment is passed,
Angel's Gate will not be grandfathered in and
will have to comply with the new law.
Board Meeting held June 15th
Over two hundred supporters of Angel's Gate attended
the special Town Board meeting held at 8:00PM
at the Senior Citizen's Center in Smithtown. Several
media outlets were present including CBS,WB11,Channel
12 Long Island, News 55, Newsday and Smithtown
Life.
The wonderful things said about Angel's Gate
and those of us who work there filled our hearts
with joy and made us feel humbly grateful that
we are considered so highly by so many. The speakers
from our side told of their very positive experiences
at Angel's Gate and of our unique mission as the
only residential hospice for animals on L.I.,
if not the nation. They spoke of the dedication
of the workers, the positive impact on the community
including the children who visit and those who
come to labor alongside us. Several children and
young adult volunteers spoke of the importance
Angel's Gate in their lives and the lives of the
animals we care for. Several speakers said that
Smithtown should be proud to have us in the community
and do what it can to enhance our mission ,rather
than trying to end it.
The Town supervisor tried to say that the new
proposed zoning was not about Angel's Gate but
about restricting Animal Hospices in Smithtown.
He was not allowed to get away with this by Dan
Dillon , our attorney, and by subsequent speakers,
since Angel's Gate is the only Hospice for Animals
in Smithtown. Reed Smith of the Kings Park Civic
Association's Zoning Committee spoke with authority
pointing out that New York State does not allow
"Spot Zoning" and that they were "wasting
their time" especially by stating that we
would not be "Grandfathered" in.
Since the wording of the amendment to the zoning
code would restrict the activities of those taking
in and caring for injured and abandoned animals,
animal activists, including members of small local
organizations and larger national ones like PETA,
as well as individuals, voiced their concerns.
They fear that their work for animals will be
placed in jeopardy as they would fall under the
definition of Hospice for Animals as proposed
by the Board.
Several speakers including Victor LaBruna (me)
said that the present zoning is sufficient to
protect everyone and that the Town ought to offer
it's "good offices" to try to help both
sides come to agreement on how to live more harmoniously.
Pat Vecchio, the Town Supervisor was not clear
as to when they would put it to a vote but the
word has gotten back to us that it will be done
at the Smithtown Board Meeting on Tuesday the
27th of June at Town Hall 99 west Main Street,
Smithtown.
Meeting held June
27th
No news. The Town Board did not
vote on their proposal to change the Town's Zoning
Code intended to exclude "animal hospice"(
read Angel's Gate) from residential areas of Smithtown.
There is no official word as to their intentions.
We hope that they have been convinced by the facts,
the testimony, the thousands of letters and e-mails
and many thousands of petition signatures asking,
demanding and pleading with them not to stop Angel's
Gate from providing it's unique services to the
neediest of animals and to their human companions
and guardians. There's also the question of the
illegality of the proposed amendment as pointed
out by our attorney Dan Dillon, the Chairman of
the Kings Park Civic Association's Zoning Committee
Reid Smith and others.
The issue of the discrimination against some
of our volunteers, namely people with disabilities
has come into sharp focus. Susan has spoken out
loudly when ever addressing the statements of
our neighbors about the "strange" or
"weird" people they see helping us.
Angel's Gate is proud to have people with disabilities
as volunteers. We believe that they bring a special
understanding and love that the animals benefit
from and in turn they benefit from their work
here, as well.
Board Meeting
held June 15th
Over two hundred supporters of
Angel's Gate attended the special Town Board meeting
held at 8:00PM at the Senior Citizen's Center
in Smithtown. Several media outlets were present
including CBS,WB11,Channel 12 Long Island, News
55, Newsday and Smithtown Life.
The wonderful things said about Angel's Gate
and those of us who work there filled our hearts
with joy and made us feel humbly grateful that
we are considered so highly by so many. The speakers
from our side told of their very positive experiences
at Angel's Gate and of our unique mission as the
only residential hospice for animals on L.I.,
if not the nation. They spoke of the dedication
of the workers, the positive impact on the community
including the children who visit and those who
come to labor alongside us. Several children and
young adult volunteers spoke of the importance
Angel's Gate in their lives and the lives of the
animals we care for. Several speakers said that
Smithtown should be proud to have us in the community
and do what it can to enhance our mission ,rather
than trying to end it.
The Town supervisor tried to say that the new
proposed zoning was not about Angel's Gate but
about restricting Animal Hospices in Smithtown.
He was not allowed to get away with this by Dan
Dillon , our attorney, and by subsequent speakers,
since Angel's Gate is the only Hospice for Animals
in Smithtown. Reed Smith of the Kings Park Civic
Association's Zoning Committee spoke with authority
pointing out that New York State does not allow
"Spot Zoning" and that they were "wasting
their time" especially by stating that we
would not be "Grandfathered" in.
Since the wording of the amendment to the zoning
code would restrict the activities of those taking
in and caring for injured and abandoned animals,
animal activists, including members of small local
organizations and larger national ones like PETA,
as well as individuals, voiced their concerns.
They fear that their work for animals will be
placed in jeopardy as they would fall under the
definition of Hospice for Animals as proposed
by the Board.
Several speakers including Victor LaBruna (me)
said that the present zoning is sufficient to
protect everyone and that the Town ought to offer
it's "good offices" to try to help both
sides come to agreement on how to live more harmoniously.
Pat Vecchio, the Town Supervisor was not clear
as to when they would put it to a vote but the
word has gotten back to us that it will be done
at the Smithtown Board Meeting on Tuesday the
27th of June at Town Hall 99 west Main Street,
Smithtown.
Below is a poem written about this struggle,
by George who came all the way from New Jersey
along with his wife Cheryl, to lend their support:
"A Home for Angels"
To over 200 animals, it’s the place
that they call home
A place to live and love; a place where they can
roam
Over 200 beautiful souls, of every shape and size
A cat who had his ears cut off, and one born with
no eyes
There are many that are paralyzed, but somehow
they get around
Thanks to therapy, surgery, even wheels, they
cover a lot of ground
Some cats have leukemia, while AID’s cats
fill a room
They’re given a life of love and respect,
not just impending doom
There’s a Greyhound who broke her back,
in the middle of a race
Whose owners no longer could use her; thank God
she found this place
Each has their own story, some are bad and some
are worse
Their stories have a happy ending, thanks to a
loving nurse
A nurse who gave her home, and her heart to those
in need
When everyone else would have put them to sleep,
and thought it a good deed
It’s hard to live up to a name, when your
name is Angel’s Gate
But 200 hearts have found Heaven on earth, right
here in New York State
Everyone deserves a home, a home where they are
loved
And Angel’s Gate provides that love, a gift
sent from above
Now they’re trying to take away, the only
home they know
Just because some whiny neighbors say it’s
time for them to go
Don’t let some bitter neighbors, with hardness
in their hearts
Take away their sanctuary, and tear their home
apart
It’s Susan, not these neighbors, who makes
a sacrifice
And gives 200 of God’s creations, a taste
of Paradise
Perhaps these neighbors could donate some time,
to try to help her out
Then they could feel in their own hearts, what
love is all about
Helping out the needy, be it person, dog or cat
Feels so much better than acting, like a spoiled
little brat
So watching this battle unfold, it’s a battle
of love versus hate
I choose love and that’s why I’m supporting
Angel’s Gate
|
