Developer Files Federal Lawsuit Against North Castle Supervisor
Escalating tension between Armonk developer Michael Fareri and the Town of North Castle has resulted in Fareri initiating a federal civil rights lawsuit against Supervisor Michael Schiliro.
The litigation, filed on June 12 in U.S. District Court in White Plains, alleges that Schiliro barred Fareri from conversing directly with town staff relating to his two most recent projects in town – the condominium proposal at the old lumberyard on Bedford Road and his application for 16 units at 470 Main St.
In the suit, Fareri, a longtime North Castle resident, contends that because he has been publicly critical of the town board on its handling of a series of issues over the years the supervisor is now retaliating against him, infringing on his constitutional rights of free speech and free access to government.
The action, which sues Schiliro personally, also states that Fareri was discriminated against in violation of the Fourteenth Amendment’s due process clause.
Fareri’s attorney, Alan Singer, said there was “absolutely no basis” for Schiliro to demand that his client deal only with the supervisor’s office instead of reaching out to department heads such as the director of planning, building inspector, town engineer and other professionals and consultants on matters pertaining to his projects. No other applicant has been forced to endure such treatment, he added.
“Everything had to go through the supervisor’s office, which is unnecessary filtering of what is otherwise normal, direct contact,” Singer said last Friday. “It creates both delays and unnecessary levels of communication, which increases the costs being incurred from his consultants and the time that it takes to get things done.”
Schiliro was served with papers on June 16, according to Singer.
Fareri is seeking unspecified damages as well attorney’s fees, interest and filing costs.
In response to the suit, Schiliro issued a brief three-sentence prepared statement over the weekend, but declined to make any further comments.
“Mr. Fareri’s lawsuit has no basis in fact or law, so I look forward to this matter being resolved quickly,” the statement read. “We have always responded to Mr. Fareri’s demands promptly and fairly. At the same time, there is one set of rules that apply equally to everyone in our community.”
The suit also refers to a Sept. 28, 2016, town board work session where Schiliro demanded that Fareri apologize to Director of Water and Sewer Sal Misiti as a condition to speak. That meeting was scheduled so Fareri could pitch his plan to relocate six affordable units from the condominium project at the lumberyard to 470 Main St.
By denying him the right to speak, Schiliro’s action deprived Fareri of his rights and privileges under the First, Fourth and Fourteenth Amendment, the suit alleges.
Two nights earlier at a North Castle Planning Board meeting, where issues regarding sewer and water capacity for the projects were being discussed, Fareri said that Misiti “chose to hide,” instead of attending the meeting. He also repeatedly mispronounced Misiti’s name.
Those comments prompted Schiliro to demand an apology before he would permit Fareri to speak at the work session. Fareri refused and walked out.
Tensions have been rising between Fareri and the town board throughout the review process for the lumberyard and Main Street projects. The developer has asked for a series of changes to the lumberyard proposal over the years, which has tested the board’s patience.
After obtaining final approval, Fareri has said he will not build the 36-unit lumberyard project unless he can relocate the six affordable units. He has said he will not build a project containing market-rate and affordable units in the same building because of the disparity in the ability of the two sets of residents to pay for maintenance.
The town board granted Fareri two permits to advance the Main Street project forward but refused to consider his request to move the affordable units.
While town officials were hesitant to weigh in on Fareri’s action, Councilwoman Barbara DiGiacinto called the litigation “most unfortunate.”
Martin has more than 30 years experience covering local news in Westchester and Putnam counties, including a frequent focus on zoning and planning issues. He has been editor-in-chief of The Examiner since its inception in 2007. Read more from Martin’s editor-author bio here. Read Martin’s archived work here: https://www.theexaminernews.com/author/martin-wilbur2007/
