David Genecco, the developer planning to build an 82-unit apartment complex on the former Keuka Estates Trailer Park in the town of Milo has filed a lawsuit against the village of Penn Yan seeking reversal of a village Zoning Board of Appeals decision that does not permit senior housing on a neighboring property.

The 2.3 acre property in question is located at 200 South Avenue inside the village of Penn Yan. In October, Penn Yan Code Enforcement Officer Bruce Lyon determined that the proposed eight-unit senior citizen housing complex did not meet the village’s zoning for the district.

The Village’s Zoning Board of Appeals upheld Lyon’s determination at an Oct. 29 meeting.

Court documents on file in the Yates County Clerk’s office say the ZBA’s decision is illegal because the project qualifies as senior citizen housing under the village zoning law.

The property is located in the village’s single family residential zoning district, which does permit senior citizen housing restricting occupancy to people at least 55 years of age. But the ZBA ruled that the units do not meet the village’s definition of senior citizen housing.

Along with appealing Lyons’ decision to the ZBA, Genecco’s attorney applied for a use variance that would permit the project as described. That application was also denied.

“The requested Variances will not alter the essential character of the neighborhood, as there are already commercial and mixed use properties in the neighborhood. The property is adjacent to the site that has been used as a trailer park for years and will soon be adjacent to a for-rent townhouse development,” notes the legal filing.

The proposed development has been caught up in debates between Town of Milo and Penn Yan Village residents since it was first proposed earlier this year.

The lawsuit will be heard in Yates County Court in late January.

The village board on Dec. 7 authorized hiring Bond, Schoeneck & King Law firm to represent the village in the matter, which is scheduled for Jan. 25 in Yates County Court.