North Salem, developer reach tentative settlement in fair housing case | North Salem Homes

Kearney Realty and Development and the town of North Salem have reached what they termed a conceptual agreement to allow the developer to pursue its application for an affordable senior housing development off Route 22 and settle state and federal legal cases against the town.

Kearney, based in Carmel, had moved to intervene in the fair housing case between Westchester County and the federal government, arguing that the town was not living up to its obligations and should also be brought into the case. North Salem had approved a zoning amendment to the land proposed for development that officials said clarified existing language requiring an assisted living center alongside affordable housing. But the developer argued it added a new and impermissible burden to the construction of the housing required under the settlement.

Kearney had also filed a case in state court challenging the zoning change as a violation of previous legal settlements of  cases challenging North Salem zoning for blocking affordable housing.

In a letter to the judge asking for a postponement of the dates for the parties to serve papers, Kearney’s lawyer, Robert Spolzino of Wilson Elser Moskowitz Edelman & Dicker, said the two sides have made substantial progress in reaching a resolution.

Kearney said he couldn’t talk about the specifics of the agreement.

But “we’re hopeful that it will get done,” he said.

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