No. Castle Board Undecided on Moving Affordable Units From Luxury Condo
The North Castle Town Board is faced with deciding on a petition from the unit owners of a new high-end condominium development who requested officials allow the two affordable residences to be relocated off-site.
Residents at The Byram, a 16-unit development on Old Mount Kisco Road, stated in a petition last month to the Town Board that the Homeowners Association (HOA) hopes to make some improvements and enhance services that would likely cause a financial burden on the inhabitants of the two affordable units.
“While we all support the availability of affordable housing, we feel it is not in the best interest of the families that would be occupying these units, nor is it practical for the following reasons,” the petition signed by the 14 market-rate unit owners.
“As a collective body of Unit owners, we have all purchased these units not only as a homestead but also as an investment. Now that we have all purchased and moved into The Byram, while it is already an exceptional building, there are additions/improvements that we, as unit owners would like to make to enhance our property.”
The unit owners estimated that the improvements they are eyeing could increase the monthly HOA fees by $250 to $300.
Included in the work they hope to get done is hiring a lobby concierge for the front entrance; adding a stone walking path from the back entrance of the meeting room to Old Mount Kisco Road; an enhanced security system from the outside door to the meeting room; a security fence around the perimeter of the property; an extended patio with barbecue grills underneath a canopy outside the meeting room; an upgrade of carpeting in all common area hallways; and additional landscaping around the outside of the building, among other improvements.
There was a split on the Town Board at its Nov. 13 meeting between members who recognized the practicality of moving the affordable units from the building and those who believe it could trigger additional requests from other developers or HOAs.
“So this kind of issue, if we grant this exception, this request, it could potentially apply to every other situation where people can really aim to do that,” said Councilman Saleem Hussain. “In this case, it’s fully legitimate, and that’s exactly what they need.”
Councilman Matt Milim said that the request makes it appear that the developer tried to “game the system” by agreeing to supply the two affordable units, then turn around and sell them for market-rate before the affordable residences are even filled. He said it made sense to provide that exception for the Summitt Club, a golf course community because of the price of the units and the expense of maintaining the grounds, including the golf course.
“I don’t like the idea of the one-off because then you get constantly petitioned,” Milim said. “These two developers have been constantly petitioning us, asking their friends to call us relentlessly for a year because they make more money doing it. That’s the fact of what it is. It’s not about anything else other than that. I don’t want that to be the reason for us doing it.”
But Councilwoman Barbara DiGiacinto said the unit owners who have invested in the market-rate condos have a right to make improvements to protect their property, and it would be too much of a hardship on the affordable unit owners to have to find the extra money to make improvements.
Supervisor Joseph Rende said in a larger building it would be more feasible to keep the affordable units on site. However, in a situation with 16 total units, it could defeat the purpose of creating the affordable units.
“I’m fearful that what we’re trying to accomplish by having a unit like that or a building like that with affordables as well as market-rate, unfairly creates a negative,” he said.
Under North Castle’s ordinance, any development of at least eight units must have at least 10 percent affordable units.
No decision was made by the board at the meeting. They may take the issue up again at a future meeting.
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/
