Westy Self Storage, which operates 15 facilities in Connecticut, New Jersey and New York, is suing the village of Port Chester, New York, over the development of a new CubeSmart-branded self-storage facility that’s being built across the street from one of its locations. Westy filed suit on Nov. 18 in the Westchester County, New York, Supreme Court against the village, its zoning board and planning director Curt LaValla, according to the source.
The project was proposed by New York-based self-storage developer and owner Storage Deluxe Management Co. LLC in 2019. The complainant claims the four-story, 106,240-square-foot CubeSmart at 354 N. Main St., which is across from the Westy location at 351 Main St., violates zoning restrictions enacted in 2020 when the proposal was under review. Westy argues the law didn’t allow for any new self-storage on the street, even with a special-use permit, the source reported.
Westy’s attorney, Steven D. Feinstein, has asked the court to annul the zoning board’s approval.
When Westy asked officials in July for a formal interpretation of the new restrictions, the zoning board directed the village attorney to provide an opinion on legal standing. Westy claims it never received one.
In September, the village attorney drafted a position indicating that Westy didn’t have legal standing to oppose the CubeSmart project. On Oct. 21, the zoning board adopted the determination that “mere proximity does not automatically confer standing as a matter of law.” It also concluded that Westy “does not appear that they will sustain any special damage” due to the development and argued that Westy’s motivation to oppose the facility was “a fear of increased business competition,” according to the source.
The Westy petition argues that the zoning board “overreached in its improper determination that [Westy] lacked standing” and ignored testimony by company representative Edward Arredondo that the operator wasn’t afraid of competition and hadn’t opposed two earlier nearby self-storage projects.
It’s unclear when the court might hear or rule on the complaint.
Founded in 1990 by The Arredondo Family, Westy is headquartered in Stamford, Connecticut. It operates four facilities in Connecticut, three in New Jersey and eight in New York.
Founded in 1998 and based in Manhattan, Storage Deluxe has 77 projects completed and in development, totaling 7.7 million square feet.
Headquartered in Malvern, Pennsylvania, CubeSmart is a real estate investment trust and third-party management company. It owns or manages 1,251 self-storage facilities across the United States. Its operating portfolio comprises 86.8 million square feet.
Source: Westchester & Fairfield County Business Journals, Westy Fights tor Right to Oppose Cube Smart Self-Storage in Port Chester