Judge: County Complied With Affordable Housing Settlement
A U.S. magistrate judge ruled Thursday that Westchester County was in compliance with the affordable housing settlement late last year because it had provided financing for enough units to meet its 2014 benchmark.
Judge Gabriel Gorenstein determined that the county met its obligation once the Board of Legislators last November agreed to issue bonds to allow the controversial Conifer Realty project, Chappaqua Station on Hunts Place in Chappaqua, to move forward. As a result the county should not be held in contempt for violating terms of the settlement.
A May 8, 2015, report from federal monitor James Johnson contended that because variances from the state Board of Review had not been issued before the end of last year and that there were still a series of conditions required by the town before a building permit could be obtained that the financing for the 28-unit project should not count toward the total.
Without including the 28 units, the county would have been 24 shy of its requirement to have had funding in place for 450 affordable residences by Dec. 31, 2014.
While Gorenstein’s decision acknowledged that the affordable housing settlement mentioned that the project was subject to all local and state variances, the county’s action committed to using the funds.
“What is important is that the particular ‘condition’ at issue here…does not operate to affect the availability of money to build the project,” Gorenstein wrote.
Had the county fell short of the benchmark, it would have been fined $30,000 initially, and another $60,000 for each month that it failed to comply. The settlement mandates the county have building permits in place for 750 units of new affordable housing by Dec. 31, 2016.
In a statement Thursday afternoon, County Executive Rob Astorino applauded the decision, remarking that it was obvious the county had met the settlement’s requirements.
“This is another win for our residents,” Astorino said. “From the beginning, the county has worked hard to comply with the terms of the settlement. But we have also stood firm against overreaching by the federal government to force the county to do things that are not in the agreement. The magistrate’s decision clearly shows that the county has met its obligations and that the federal government’s contention of contempt was wrong and without legal merit or justification.”
The Chappaqua Station project has been met with significant community opposition with many detractors arguing that the roughly one-third of an acre parcel, wedged between the Saw Mill Parkway exit ramp and the Metro-North tracks, would be dangerous and an inappropriate location for people to live.
A special permit was granted by the former New Castle Town Board in September 2013; however, Conifer Realty did not receive its state variances until April and has still not satisfied the long list of conditions to obtain its building permit.
Board of Legislators Chairman Michael Kaplowitz (D-Somers), whose district includes New Castle, echoed many of Astorino’s sentiments regarding the judge’s decision. He said while there are other issues that the county needs to resolve, most notably a completed Analysis of Impediments, the issue of financing should never have been in doubt.
In the remaining 13 months, the county needs to make sure it finishes the job.
“It’s a good victory for the people of Westchester County and it’s a victory for sanity,” Kaplowitz said. “The county has been complying with the settlement and this ruling allows us to make the case.”
The county has already surpassed its 600-unit benchmark for financing for 2015 with funding in place for 635 units, according to the county executive’s office. There are currently 466 units with building permits, 59 short of the end-of-year benchmark of 525, but there are 101 applications pending.
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/