A group home for people with disabilities can open in the Town of Eden despite objections from the Town Board, an appeals court has ruled.
The Appellate Division of the State Supreme Court on Nov. 18 affirmed a lower court decision allowing the group home for six individuals to be built at 8621 Jennings Road.
The panel of Appellate Division judges concluded that there was substantial evidence that establishment of the group home for the disabled "would not result in such a concentration of such facilities and similar facilities licensed by other state agencies that the nature and character of areas within the municipality would be substantially altered."
The town had objected to the State Office For People With Developmental Disabilities (OPWDD) licensing the group home because it said the town already has a senior assisted-living residence, nursing homes, a drug treatment facility and a day vocation center for people with disabilities.
Community Services for the Developmentally Disabled, a nonprofit based on Oak Street in Buffalo, proposed the group home in June 2015, and the Town Board and Eden School Board both voted to oppose the plan shortly after that. After the OPWDD approved the group home, the town sued to block the project.
Eden Town Supervisor Melissa Hartman could not be reached for comment.