Developer of Mariani Site Sues North Castle Over Permit Extension Denial

The partnership that owns the former Mariani Gardens site in Armonk is suing the Town of North Castle after its request for a special use permit extension was denied in January.

Petitioner 45 Bedford Road LLC filed an Article 78 in state Supreme Court on Feb. 11, two days after representatives for the new development team last appeared before the Town Board.

On Jan. 12, the board denied a third request for an extension of the permit that was originally granted in October 2019 because officials said they wanted to re-examine traffic conditions near the site and that some nearby commercial property owners had been inquiring about potential residential uses as a result of the COVID-19 pandemic.

Although a zoning change was also granted in 2019, the 43-unit residential project on the 4.1-acre property on Bedford Road never progressed to the Planning Board for site plan review because one of the partners, Mark Mariani, went into bankruptcy in early 2020. A settlement to pay off his 50 percent share of the mortgage was completed hours before the Jan. 12 denial.

The petition filed in state Supreme Court argued that the board’s resolution to deny the extension was arbitrary and capricious.

“At no time did the Town Board identify empirical data that substantiated any genuine, real, permanent and/or material change in surrounding circumstances or conditions,” the litigation stated.

“It is well documented that from the approval of the Special Permit until the date the Town Board denied the extension, North Castle experienced the same worldwide pandemic that dominated the international economic conditions for the last two years,” it continued. “During that time, Projects throughout Westchester County have sought and routinely received extensions.”

Furthermore, the applicant’s plans remain identical to what was originally approved with no significant changes in the surrounding area, the lawsuit argued.

When representatives for the applicant appeared at a Feb. 9 work session, they appeared prepared to work with the town and informed officials they were finalizing a plan that would be similar to what the Town Board had already approved for the zoning change and special use permit.

Supervisor Michael Schiliro declined to comment on the litigation but said the applicant’s decision to file an Article 78 was their choice. He said town officials believed they needed to weigh impacts caused by the pandemic over the last two years.

“We encourage them to come back to the board and we already had that first work session and we raised particular issues regarding COVID impacts that just need a clear look, and it’s up to the applicant to determine how they want to proceed as far as what they want to plan for the property,” Schiliro said.

In the petition to the court, the developers are demanding the court annul and vacate the board’s Jan. 12 resolution; remand the matter back to the Town Board and direct it to grant the permit extension; and award them the costs and disbursements associated with the litigation.

The proposed luxury rental complex had received considerable opposition during the hearings for the zoning change and permit because some residents believed it was too large and out of character with the area, which is adjacent to the Bedford Road Historic District.

Martin Wilbur

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/