Kearney Realty and Development has filed a motion to intervene in the fair housing case between the federal government and Westchester County and asked the judge to force the town of North Salem to approve its affordable housing project.
Kenneth Kearney of Kearney Realty, based in Putnam County, is accusing North Salem of changing zoning requirements to block its proposal for 108 units of affordable housing on Route 22. Though North Salem is not a direct party to the county’s fair housing lawsuit, Kearney is asking the court to declare that the town is impeding the consent decree ending the lawsuit in 2009 and to order the town to approve the development.
The land is zoned for senior housing but, Kearney says, several months into the approval process the town interpreted its zoning to mean that an assisted living facility was required as part of the development. Then, early this year, the town passed a law to clarify that an assisted living facility was required. Kearney says assisted living is not economically feasible on the site.
“Local Law No. 1 of 2013 effectively prevents the development of affordable housing on the Seven Springs property,” Kearney said in his declaration. “It is simply not economically possible to build any meaningful amount of affordable housing and an economically-viable assisted living facility on that parcel.”
Kearney accuses North Salem of a long history of blocking affordable housing.
Westchester fair housing settlement: Developer asks court to force North Salem to approve affordable housing – Northern Westchester.