Monday, January 08, 2018
Age-restricted homes create complications for Woodbury development
The empty-nesters and seniors who bought age-restricted homes in Woodbury Junction in the past five years all came with the same dream of living among people at similar stages of life and socializing with them in facilities reserved just for them.
But a change in ownership and future makeup of the partially built development has posed an unusual predicament for the owners of 30 houses built so far that can only be occupied by people aged 55 and older.
And it has divided neighbor from neighbor.
For some, the age restriction that initially made Woodbury Junction attractive to them has become an albatross, one that could prevent them from selling their homes.
The problem is that Woodbury Junction, approved for 451 homes and less than a third of the way to completion, appears destined to become a Hasidic development, leaving only one category of buyer interested in its homes.
Within the Hasidic community, only couples who are raising children and need ample space are likely to be interested in Woodbury Junction's single-family houses.
Yet the age restriction covering 130 of the current and future homes and written into Woodbury law precludes them from living in the 55-and-older homes.
The result? Joe LoBue, who bought his newly built, age-restricted home with his wife, Hydee, in 2013, put their two-bedroom ranch up for sale and hosted two open houses for prospective buyers last year.
One person came to the first open house, no one came to the second, and no offers were made.
Now he feels trapped. "My constitutional right is, I should be able to sell my property, and I can't," LoBue said.
In a unique twist, a Hasidic family of eight from nearby Kiryas Joel has tested the age restriction by moving into the home next door to the LoBues last year.
They were cited for violating the village code, and face potential fines of up to $500 per week.
A Woodbury judge has agreed to put their case on hold while they seek a variance to bypass the age restriction - an experiment that others in the development are closely watching.
The family is due to appear before the village's Zoning Board of Appeals on Wednesday to make that request.
In a letter to the board in November, the family's lawyer said that the father, Hershel Markovitz, earns a modest living by making religious garments and can't afford another house or rental home.
Markovitz's mother and another relative bought the 2,400-square-foot house for him and his family for $420,000.
"Because of their religious beliefs, and their inability to earn a sufficient income to find alternate housing, they have no option other than to live in the home that my clients purchased for Mr. Markovitz and his family's use," attorney Robert Rosborough IV wrote to the board.
Enforcing the age restriction, Rosborough argued, would render the Markovitz family homeless.
Village officials have the ability to remove the age restriction on all of the homes, but only at the behest of the new developer, George Kaufman.
Kaufman, who has not responded to calls from the Times Herald-Record, reportedly told residents months ago that he will make such a request, but hasn't.
Not everyone wants him to. Some fear that lifting the age restriction would erase their quiet lifestyle by ushering in families with lots of children.
Maryann McCloskey says she loves the house she bought in 2014, and speaks fondly of her friends in the 55-and-older section and the clubhouse, gym and card room that they share - amenities that she said would be used by people of all ages if the restriction is repealed.
"I bought here to move away from the kids," McCloskey said. "I'm not going anywhere."
Even residents who favor lifting the restriction acknowledge it would take time and require fresh scrutiny of the development plans and a likely reduction in lots.
Woodbury Mayor Michael Queenan said on Friday that allowing large families to live in a section assumed to have only couples and individuals "changes the whole dynamics of the project," and would trigger new environmental studies to test the impact on water and sewer service and other factors.
"This is not trivial, what they're asking for," Queenan said.
Another impediment is that Kaufman, who bought 353 lots in the stalled project for $35.5 million and has resumed construction in the all-ages area, appears to have no financial incentive to take up a contentious reconsideration of the age-restricted section. He has plenty of lots to develop or sell for now without that headache.
The residents worried about being able to sell their age-restricted homes are anxious for another solution.
Noel Gurewitch, who moved to Woodbury Junction with his wife, Louise, in 2012, suggested the village lift the age restriction for the homes that were already built as an interim step, and then address the fate of the unbuilt homes some time later.
"We don't want this situation to go on in perpetuity," Gurewitch said.
Ellen Mihovics, who bought her age-restricted home in 2015, argues that losing all home value is more serious than the concerns about neighborhood kids that other residents have raised.
"We want the freedom to sell our homes," Mihovics said.
"I don't think older people need to have the stress of knowing that their homes may be worth nothing."
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