by Cindy Goldstein -
In the end, nothing could dissuade three trustees from voting 3-2 to choose Westhab/WHA as the preferred provider to develop affordable housing at the Hunter Tier Parking Lot. Mayor Sharon Torres and Trustee Nora Lucas voted no. Trustees Lou Young, Leilani Yizar-Reid and Manny Rawlings all voted for Westhab/WHA, ignoring the recommendations of professional Village staff and their planning consultant.
The Board of Trustees (BOT) Special Meeting held on Tuesday, September 10th was quick and did not allow public comment. Mayor Sharon Torres opened the meeting and Interim Village Manager Chuck Strome summarized that the Village had received final submissions from both developers (Westhab/WHA and Luna), a study from the Village’s outside planning consultant, an appraisal of the property and an advice of counsel memo. When asked, Village Attorney Bob Spolzino said he had nothing to add.
Trustee Young stated that the Village was at “a fork in the road” and that both proposals had improved dramatically. He believes that either would improve with additional negotiations. The question he posed was whether the Village would “go big or small” and that he could support either proposal. (Westhab/WHA would build 62 affordable units and Luna would build 88 affordable units and 88 market rate units as they have an option for an adjacent piece of land.) It is anticipated that Luna would develop that additional land regardless of what the BOT decided on Hunter Tier.
Rawlings Ethics Warning
Trustee Rawlings is the subject of an advisory Ethics Board opinion (see HERE) that warned him not to participate in “all discussions, proceedings and votes relating to the Hunter Tier development matter in which the Washingtonville Housing Alliance (WHA) is under consideration for selection.” Trustee Rawlings made it clear he would not follow the Ethics Board advice. See Article HERE.
At the end of the meeting, it was Rawlings who made the motion to choose Westhab/WHA seconded by Young.
In addition to Rawlings’ ethics issues, many question if Westhab/WHA inappropriately participated in the process from the beginning. See Article HERE. Recently discovered emails going back as early as 2018 with Westhab/WHA show input from them concerning the identification of a site, zoning changes and comments/suggestions on the RFP that was eventually issued. Mayor Torres has posted the bulk of these emails on social media and said she forwarded them to the District Attorney.
The Report from the Planning Consultant
The Hunter Tier Proposal Study (see HERE) identified the impacts of developing the Hunter Tier parking lot for affordable housing. They listed the following impact rankings to the Village: Parking, Traffic, Infrastructure Capacity, School Enrollment and Safety. Neither of the revised proposals include as much Village parking as is now available at the site.
Inadequate Acquisition Price
The planning firm also reported that the appraisal of the approximate 1 acre site was $5,265,000 (see appraisal HERE) and that neither responder was offering an acquisition price “anywhere near the appraised value of the Hunter Tier Lot.” Due to the significant impacts facing the Village from development of the site they strongly encourage the Village to instead evaluate a public-private partnership that would address these issues in order to maximize the benefit to the Village. If the Village wanted to make a decision, then the firm recommended the response from Luna and said it “comes closest to meeting the goals and objectives that the Village articulated in its RFP.” They noted that if the Village wanted to look at a public-private partnership it would likely require that a new Request for Proposal (RFP) be issued.
Mayor Torres described the need to rely on experts and advocated for a public-private partnership. Because the Village must also renovate old Village Hall due to needed upgrades to the Police Department and Courtroom the Village could save millions with this approach. She asked, “why not have a win-win for everyone”?
Trustee Nora Lucas, who has been on the BOT the entire time this project has been considered is concerned that a Village sponsored Parking Study issued November 13, 2023 (see HERE) was not circulated to the entire BOT at the time. In her view the BOT is obliged to do what is best for the community but neither proposal is what the VOM needs.
Legal Costs
Torres warned that if the majority of the BOT picks Westhab/WHA there would be a flurry of lawsuits which, even if the VOM won, would burden the taxpayers with legal fees. She asked how long it would take to prepare a new RFP for a public-private partnership that would include both the Hunter Tier Parking Lot and Old Village Hall, and the reply was approximately two weeks to one month.
At press time, The Mamaroneck Observer was informed that Torres’ warning was based on a legal memo from the Village Attorney to the Board of Trustees which they received in advance of the September 10 meeting. The BOT was advised that if they select a preferred developer it will inevitably lead to lawsuits that will be expensive to defend even if the Village prevails.
In the End
But Young, Yizar-Reid and Rawlings wouldn’t budge from choosing Westhab/WHA. Rawlings commented it was “insane” to have waited this long and that plans and reports just “sit on the shelf.” He thanked the consultant for the advice, but he disagreed with it.
In response Lucas said, “you say this is the end of the road, but I think we’re at the beginning of a lawsuit.”
Editor’s Note: Young, Yizar-Reid and Rawlings are completing their first elected term in office, and none are running for re-election in November. Three new Trustees, Maria DeRose, Dan Kushnick and Ellen Silver are running unopposed and will take office in December.
Comments