Nonprofit sues Southampton Town over affordable housing zone change denial
A rendering of Concern Housing’s Liberty Garden’s community in Southampton. Credit: Concern Housing
A nonprofit is suing the Town of Southampton after it denied a zone change that would have allowed the group to build affordable housing for veterans and people with developmental disabilities, a new lawsuit alleges.
The nonprofit, Concern Housing of Medford, had sought the zone change in its bid to build Liberty Gardens, a 50-unit housing complex, on County Road 39.
The development would feature 50 units of affordable housing, with 25 apartments for veterans and people with developmental disabilities. The town's denial was discriminatory, according to the nonprofit's lawsuit, which was filed Wednesday in the U.S. District Court for the Eastern District of New York.
The town violated the federal Fair Housing Act, the Americans with Disabilities Act and New York's human rights law, the lawsuit alleges.
In June, the Southampton town board voted 4-1 to deny a zoning change that would have allowed the nonprofit to build on undeveloped land behind the Southampton Full Gospel Church. Board members cited traffic and environmental concerns in denying the request. Some members said the property didn’t support the construction of the new housing complex because the area lacked adequate wastewater treatment infrastructure, a factor that could adversely affect the drinking water, town officials said.
Southampton Town Attorney James Burke denied that the board had discriminated against veterans and people with developmental disabilities. He said town officials proposed alternative locations for siting Liberty Gardens.
But lawyers for the nonprofit said the town caved to public pressure.
"Town residents and officials made their discriminatory positions clear: they opposed the proposed development because it would serve people, including veterans, with mental health disabilities," the complaint alleged.
The nonprofit is asking the court to require the town board to approve the zoning for the project.
Ralph Fasano, executive director of Concern Housing, said the "ultimate goal" is to reach an amicable resolution that revives the development.
Burke said the town is open to discussion.
"Hopefully there's something we can do here," he said. "We are certainly not closing the book if there's a way we can work it out and address the concerns."
Concern Housing operates 1,600 housing units in 275 developments for families and individuals with mental health disabilities, according to the complaint.
The nonprofit first submitted plans to the town in October 2018. Town staff had approached the nonprofit about the proposal and knew a zone change was needed, according to the complaint.
Concern Housing said it "responded comprehensively" to issues raised during a lengthy environmental review process. It reduced the original size of the proposal from 60 units to 50.
Nelson Pope Voorhis, a consultant for the nonprofit, said the proposal would not adversely affect traffic or strain community services such as water, health care and waste management.
The nonprofit submitted its final environmental impact statement to the town in November. In December, the town board voted to accept it as complete in a 4-1 vote.
But in June, the board adopted a findings statement prepared by town staff that concluded the rezoning would have significant environmental impacts.
Concern Housing alleges in the complaint that the statement "contradicts" the consultant's report. The town "acted arbitrarily," the lawsuit said.
The nonprofit requests that the court annul and vacate the town’s findings statement.
A nonprofit is suing the Town of Southampton after it denied a zone change that would have allowed the group to build affordable housing for veterans and people with developmental disabilities, a new lawsuit alleges.
The nonprofit, Concern Housing of Medford, had sought the zone change in its bid to build Liberty Gardens, a 50-unit housing complex, on County Road 39.
The development would feature 50 units of affordable housing, with 25 apartments for veterans and people with developmental disabilities. The town's denial was discriminatory, according to the nonprofit's lawsuit, which was filed Wednesday in the U.S. District Court for the Eastern District of New York.
The town violated the federal Fair Housing Act, the Americans with Disabilities Act and New York's human rights law, the lawsuit alleges.
In June, the Southampton town board voted 4-1 to deny a zoning change that would have allowed the nonprofit to build on undeveloped land behind the Southampton Full Gospel Church. Board members cited traffic and environmental concerns in denying the request. Some members said the property didn’t support the construction of the new housing complex because the area lacked adequate wastewater treatment infrastructure, a factor that could adversely affect the drinking water, town officials said.
Southampton Town Attorney James Burke denied that the board had discriminated against veterans and people with developmental disabilities. He said town officials proposed alternative locations for siting Liberty Gardens.
But lawyers for the nonprofit said the town caved to public pressure.
"Town residents and officials made their discriminatory positions clear: they opposed the proposed development because it would serve people, including veterans, with mental health disabilities," the complaint alleged.
The nonprofit is asking the court to require the town board to approve the zoning for the project.
Ralph Fasano, executive director of Concern Housing, said the "ultimate goal" is to reach an amicable resolution that revives the development.
Burke said the town is open to discussion.
"Hopefully there's something we can do here," he said. "We are certainly not closing the book if there's a way we can work it out and address the concerns."
Concern Housing operates 1,600 housing units in 275 developments for families and individuals with mental health disabilities, according to the complaint.
The nonprofit first submitted plans to the town in October 2018. Town staff had approached the nonprofit about the proposal and knew a zone change was needed, according to the complaint.
Concern Housing said it "responded comprehensively" to issues raised during a lengthy environmental review process. It reduced the original size of the proposal from 60 units to 50.
Nelson Pope Voorhis, a consultant for the nonprofit, said the proposal would not adversely affect traffic or strain community services such as water, health care and waste management.
The nonprofit submitted its final environmental impact statement to the town in November. In December, the town board voted to accept it as complete in a 4-1 vote.
But in June, the board adopted a findings statement prepared by town staff that concluded the rezoning would have significant environmental impacts.
Concern Housing alleges in the complaint that the statement "contradicts" the consultant's report. The town "acted arbitrarily," the lawsuit said.
The nonprofit requests that the court annul and vacate the town’s findings statement.
Joe Werkmeister covers the towns of Southampton, East Hampton and Shelter Island. He is a graduate of St. Bonaventure University and previously worked as the editor of two North Fork community newspapers.
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