Tussle Over Easement Continues Between Summit Club, North Castle
News Based on facts, either observed and verified directly by the reporter, or reported and verified from knowledgeable sources.
Representatives of an Armonk golf course continued pushing back against the North Castle Town Board last week, maintaining it will not pay fees associated with having a third-party holder for the required conservation easement.
The Summit Club, which is looking to gain approvals to build 72 luxury condominiums to develop a golf course community alongside its currently operational course, has been steadfast in its opposition to contributing toward any costs or imposing any obligation on its future residents. The condominiums would be on an adjoining 26-acre parcel at the Bedford Road site.
Attorney Mark Weingarten, representing The Summit Club, said his client has agreed to the conservation easement that prohibits the 130 acres of land from being anything other than a golf course or open space. There is also a deed restriction on the property.
“We don’t object to you having a third-party holder provided we don’t have to pay for it,” Weingarten said.
He pointed out that the applicant has also agreed to make payments totaling $1,050,000 to the town as part of a Community Benefits Agreement. The agreement has seen The Summit Club already contribute $190,000 toward restoration of stone walls and the windmills at the nearby Windmill Farm development.
The board has wanted a third-party holder of the easement since before it approved the rezoning of the property in 2015 to accommodate the residential component of the project, something that some residents, including the town’s Open Space Committee, wanted. Officials have said it provides maximum protection against a future Town Board allowing development on the 130-acre portion of the site in the event that the golf course ceases to operate for any reason.
“We want to make sure as best we can – no guarantee – that it is not built upon,” said Supervisor Michael Schiliro. “So that’s what we’re trying to solve here, is how do we all get comfortable on all sides that it’s a golf course; we want it to be very successful. We hope it’s a golf course forever, and if it’s not, it can’t be built on.”
There is also concern that should the golf course no longer operate, the homeowner’s association would not be equipped to manage the land as an outside organization with expertise in managing open space.
Last Wednesday evening board members discussed potential alternatives.
Councilwoman Barbara DiGiacinto said the board could consider using a portion of the $860,000 still owed to the town from the Community Benefits Agreement. Councilman Matt Milim suggested the town could add language requiring a future board to have a 5-0 vote to undo the conservation easement and forgo the third party.
Milim said he opposed using any part of the Community Benefits Agreement toward funding the third-party holder.
“We have $860,000 that we can spend on infrastructure that will benefit the (entire) community,” he said. “To take a hundred-something-thousand dollars away for a belt and suspenders protection in an unlikely outcome to me is not wise. The town can benefit from that money.”
Councilman Jose Berra said he was a bit uncomfortable with requiring a unanimous vote from a full board, which is a high threshold that would be abused in unrelated issues.
At a previous work session, Open Space Committee Chair Kerri Kazak said another suggestion from the North American Land Trust, an entity that could hold the easement, was to pay the recommended $100,000 stewardship fee for annual inspections of the property and enforcement by charging the future owners a one-time fee. Based on 65 units, which are estimated to sell for $2.5 million (not including the seven affordable units) would cost each owner a little more than $1,500. Another $40,000 for legal fees and for conducting a baseline study of the land would also have to be paid.
Another possibility is to see if Westchester County can be the third party, Kazak said.
During the more than hour-and-a-half discussion last week, there was some impatience expressed by the applicant regarding the amount of time being spent on the easement when site plan review is still needed for the residential component. Weingarten and Summit Club Principal Jeffrey Mendell characterized the chances of the golf course failing as being “zero.”
“As I told you, I’m on your side,” Mendell said. “I want it to be open space. I’m not arguing with you. Let’s get it done. Let me move forward. Enough is enough.”
Weingarten said if a third-party holder is something that’s important to the town, then it should spend its own money. Otherwise, the protections are in place and the agreement is consistent with the project’s Findings Statement, he said.
“The only thing we’re negotiating here, all of these things that are coming in (and) going to be additional expense to my client is to project you from yourself,” Weingarten added.
The board will make a decision about a third party at an upcoming meeting.
Martin has more than 30 years experience covering local news in Westchester and Putnam counties, including a frequent focus on zoning and planning issues. He has been editor-in-chief of The Examiner since its inception in 2007. Read more from Martin’s editor-author bio here. Read Martin’s archived work here: https://www.theexaminernews.com/author/martin-wilbur2007/
