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The revisions, presented on Wednesday at a packed North Castle Town Board meeting, include dropping the housing count from 80 to 73. Two scenarios with the lower number are being considered. One would involve having 66 of the units be market rate while seven would be affordable. The other involves moving affordable units to another site, if one can be secured, and developing 73 market-rate homes on the property.
Site owner Brynwood Partners, LLC, is also proposing to tax the units as if they were single-family homes instead of condos. The condo taxation structure, which was proposed for a majority of the units, generated controversy because condos can bring in less revenue due to how they are assessed.
According to state law, condos are assessed by taking hypothetical rental income into account. The taxation difference can be waived if the units are given "fee-simple" status.
Prior to going with fee-simple, Brynwood Partners proposed an arrangement where condo owners would also have to pay the difference between their normal tax burden and what their homes would owe if they were taxed as single-family homes. That arrangement was submitted to the state Attorney General's office for review, which is pending.
Since Brynwood Partners first proposed housing in 2011, it has reduced the unit count, having started off with 243, cutting it to 88 and then to 80 last fall.
Brynwood Partners is seeking to rezone its roughly 156-acre property to allow housing in conjunction with golf. Additionally, it seeks to change the wording of existing zoning text governing golf courses so that for-profit ownership and more services are allowed. The board held hearings on rezoning, along with changing the town's Comprehensive Plan. Both hearings were adjourned to June 3.
“This is our final and best offer,” said Mark Weingarten, the owner's attorney.
Weingarten noted the club has been losing money and that revenue from the homes would be used to pay for upgrades for the golf course.
The owner is also offering $1,050,000 to pay for items such as capital work across town, and to join a water district that serves residents of nearby Windmill Farm; Brynwood has enough on-site water, however.
Meanwhile, the town is currently in talks with Westchester Land Trust about having it join a proposed conservation easement to preserve the property's golf area as open space if it becomes inactive. Having the trust join as a third party would help to strengthen the easement, Supervisor Michael Schiliro said.
Some neighbors expressed concern about the housing density, along with fears of traffic impact. Others worried that the zoning language would permit more intense uses than desired.
“It’s not as low as we think it should be,” Earle Yoffa said about the density.
Other residents backed the proposal, citing generation of revenue and jobs, along with the prestige of the revamped golf course, which would be designed by Rees Jones.
““To me it’s a no brainer,” said Mike Dritz.
Town Attorney Roland Baroni urged calm about the zoning language, explaining that the special permit and site plan reviews govern specific allowable uses. The Town Board has oversight for the former while the Planning Board is in charge of the latter.
The Town Board could vote on the zoning on June 10, Baroni stated. Special permit and site plan approvals would be needed if zoning is granted.
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