The Town of Oyster Bay is seeking to restrict who can rent a nursing home unit and to grant the town commissioner of planning and development the final say on applications, which are currently voted on by the Town Planning Advisory Board.
Michael Montesano, the special counsel to the town attorney’s office, presented the two proposed local laws to the town board during the meeting on Tuesday, Dec. 9.
One of the proposed local laws calls for restrictions on nursing homes within the town to ensure they comply with state and local regulations.
“Any assisted living facility licensed by the State of New York and operating in the Town of Oyster Bay shall not advertise or rent any of its assisted living units as independent living facilities unless a specific operating certificate has been issued by the State of New York and said units have been approved by the Town of Oyster Bay,” the proposed law says.
Montesano said that nursing homes are for people 63 years or older or someone with a restrictive disability.
“We found that they were advertising assisted living units as regular rental units,” he said.
The other proposed local laws give the town commissioner of planning and development the final say on decisions made by the Town Planning Advisory Board regarding applications. Montesano said the Town Commissioner of Planning and Development would have the authority to overrule decisions made by the planning board.
The wording throughout the law is also being proposed to change from “may” to “must” to make it less flexible.
Oyster Bay Town Supervisor Joseph Saladino asked Montesano to clarify that the changes to the law would maintain the Town Planning Advisory Board’s members and powers, and that the change would not diminish the public’s rights, to which Montesano agreed.
Both hearings were closed and the public record was left open for 21 days.
The town board also had a public hearing for a special-use permit for Dirty Taco + Tequila in Woodbury, seeking to expand its 2,0400 square-foot restaurant by an additional 1,500 square feet by taking over an adjacent vacant property.
Dirty Taco + Tequila blends Mexican-style tacos with Asian-inspired flavor, along with a bar atmosphere. The restaurant originated in Wantagh and has since expanded to include six locations across Nassau and Suffolk.
Bram Weber of Weber Law Group LLP, who presented the proposal for the eatery located at 8285 Jericho Turnpike, said the restaurant has outgrown its current space. He said no parking variance will be needed for the proposed expansion.
Similarly to the local laws, the board closed the hearing and left the record open for 21 days.
The town board will not convene publicly again until 2026.
