Monday, Dec 23rd

Five Corners Debate Continues

In one of the most heated Village meetings in recent memory, the Trustees Law Committee faced off with members of the Heathcote Five Corners Coalition on Monday night August 9th. Originally scheduled for the trustees meeting room in Village Hall, the meeting had to be moved to a larger venue on the third floor to accommodate at least 30 members of the community and a cameraman and a reporter from News Channel 12.

The subject of the meeting appeared to be a simple matter, but once the discussion began, the complexities of the issue emerged. At stake is the lease for a small tract of village-owned land that provides access to the Heathcote Tavern parking lot. Tavern owners Fish and Oder claim they need a signed lease to the driveway and a small portion of the parking lot in order to sign a deal with a new restaurant tenant, Apulia, who is due to open there in September.

The prior lease expired on May 31, 2010 and the developers are asking for a long-term lease, ostensibly to justify renovations and the opening of a new restaurant. However, members of the Heathcote Five Corners Coalition question why a renewal of the prior lease won’t do, and suspect that the developers want a long-term lease in order to get financing to develop the Tavern property. Earlier this year Fish and Oder sought a 49 year lease on the driveway with a 49 year option to renew and prior to that they asked to purchase the strip of land from the Village so that they could get financing to build a multi-use complex of residential and retail space.

Monday’s discussion surrounded the lease trustees had negotiated with Fish and Oder that provides for a five year initial lease with automatic renewals of up to ten additional years provided there is an existing lease for a restaurant at the time of renewals. The initial fee would be $15,000 per year for use of the Village-owned land.

In a letter dated August 4, 2010, the Coalition had objected to the lack of transparency in the negotiation process and said that the lease had been negotiated in executive session without community input. Mayor Stevens addressed the charge claiming that it was good legal practice to negotiate in private and assured the group that the Trustees had considered the Coalition’s concerns in their discussions.

Both Stevens and Trustee Richard Toder contended that the lease only pertained to the use of the driveway and that no new development had been proposed. Toder argued that the lease would allow for the opening of a viable restaurant and prevent a key landmark in Scarsdale from sitting idle and potentially falling into disrepair.

However, members of the Coalition argued that the new lease did little to meet any of the goals laid out in the Comprehensive Village Plan or the goals of the Heathcote Five Corners Coalition to relieve traffic congestion, improve pedestrian safety, ensure development consistent with the concept of a Village in the Park and preserve the Tavern façade.

Speaking eloquently for the Coalition, Larry and Janet Bell pointed out the deficiencies of the agreement. It did not prevent the developer from building decked parking, would not prevent more curb cuts and would not prohibit Fish and Oder from increasing the density of the project. In fact, they believed the lease was for the convenience of the developers, and did little for the Village. Janet Bell said, “this is the Village’s opportunity to gain control over what will be developed and to control the size of it.” She urged the trustees not to sign the lease and to “put the time in to do it right so that it works for the entire community.”

In essence, the Coalition argues that by signing the lease the Trustees are giving up the leverage they have to decide the fate of the property. The Coalition is asking the Trustees to use the lease to gain concessions on what might be built on the site.

Toward the end of the meeting it appeared that the resident’s pleas were heard. Trustee Bob Steves said that the Trustees should sort out the issues and see if the lease could be used to control development. Former Trustee David Buchen said that “executing the lease came as a surprise. “ It would be” good and beneficial” if the elected representatives communicated with the residents and if they do it well, “there will be no mistrust.” Ken Rilander agreed that by keeping the negotiations behind closed doors, the “trustees are violating a tradition of transparency.”

Richard Toder, Chairman of the Law Committee told the group that the committee would contemplate the discussion and bring recommendations to the entire Board of Trustees for consideration.

It was another interesting night of lively discussion among some of Scarsdale’s most gifted debaters. Until their issues can be resolved, the Tavern building sits empty and the fate of the site remains up in the air.