Fareri Hits No. Castle With Article 78 Over Unit Transfer Denial
Attorneys for Armonk developer Michael Fareri last Wednesday filed an Article 78 against the Town of North Castle for denying his request to relocate six affordable units from his project at the old lumberyard to Main Street.
The May 3 submission in state Supreme Court details how town staff supported the switch, preparing resolutions to issue two special use permits to allow the developer’s 16-unit proposal at 470 Main St. to move forward as well as transferring the six units from the former lumberyard property on Bedford Road. While the special use permits were granted, the relocation request was denied on Mar. 22.
The Article 78 stated that town board members, including Supervisor Michael Schiliro, have demonstrated animosity toward the developer, motivating them to deny his request because of his criticisms over the years of their handling of unrelated town issues.
Under Fareri’s plan, the Main Street project would contain nine market-rate residences, the six affordable units from the lumberyard and one required additional affordable unit under the town’s ordinance of providing 10 percent affordable housing for each project.
“The March 22, 2017 Denial was arbitrary, capricious and contrary to law and was based on personal animus of Supervisor Michael Schiliro and the Town Board against Mr. Fareri because Mr. Fareri has been outspoken against Supervisor Schiliro and the Town Board,” the filing stated.
The Article 78 also contended that because Schiliro lives in close proximity to 470 Main St. he did not want the units relocated near his house. Schiliro, the court papers stated, was a noticed neighbor for the public hearing on the special use permits and unit transfer and should have recused himself.
For more than a year, Fareri has attempted to relocate the six affordable units from his approved 36-unit lumberyard project. He has argued that mixing market-rate and affordable condominium units would be problematic when apportioning common charges and making maintenance-related decisions.
First, he attempted to have them transferred to another property he owns on Maple Avenue that he had planned to redevelop. After he pulled that idea from consideration, Fareri presented his plan for 470 Main St. He is the contract vendee to buy that property, pending town approvals.
If the transfer had been approved, the all-market-rate condominium project at the lumberyard would become a 30-unit development but have the same footprint.
Fareri said that the town has allowed other developers to transfer affordable units to other locations, including Brynwood Golf & Country Club’s seven affordable units. Previously, under North Castle’s middle income unit program, units from Armonk Square and Whippoorwill Ridge were transferred to Old Route 22.
“They’ve been vindictive and they’re treating me unfairly and not doing the right thing for the future occupants of the fair and affordable units,” Fareri said last week.
“I have confidence in the legal system and let a judge make a determination,” he added.
Schiliro last weekend said the town has granted Fareri virtually every request, including all approvals for the lumberyard, a building permit for that project and now the two special use permits for 470 Main St.
However, given the town’s current ordinance regulating its affordable units, the town strongly prefers those units to remain on-site and commingled with the market-rate residences, he said.
The supervisor said the Brynwood request was an entirely different situation because the site is several miles from downtown with no access to public transportation or other downtown amenities, which is not desirable for affordable housing.
“I don’t have any concerns (about the Article 78),” Schiliro said. “He legally is allowed to do it, so he filed it.”
Schiliro dismissed Fareri’s charges that he didn’t want affordable units near his house. With his support of the special permits for 470 Main St., that enables Fareri to build a project containing anywhere from 14 market-rate units with two affordable units to 16 affordable units.
Fareri said if he is unable to get the denial overturned, he could sell the lumberyard property to another developer or build an all-affordable project containing as many as 48 units.
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/