WPCNR Common Council Chronicle-Examiner. By John F. Bailey. October 27, 2006, UPDATED 1:30 P.M. EDT: The Memorandum of Understanding between the city and New York Presbyterian inched closer to acceptance by the Common Council Thursday evening.  

The council demonstrated  no objections to the major effect of the MOU—relinquishing right of the Common Council approval of the project to The Planning Board. That happens once the Council accepts the MOU  which if executed in full, secures 5.5 acres or more of parkland from the hospital for the city.  In exchange the NYPH is given a  ready-to-go subdivision layout of 114 lots that will produce a 125-unit subdivision on 60 adjacent acres paralleling Bryant Avenue.  Mayor Joseph Delfino (back to camera) assured the Common Council that the hospital "has no plans at this time to develop the property." Photo by WPCNR News

The council was informed by the city Planning Commissioner that the total budget for preparing the subdivision would be $635,500, with the city paying $60,000 out of pocket (for its 5.5 acre park portion of the subdivision) and the hospital reimbursing the city for the balance of the costs.  The Planning Commissioner said it was up to the council whether they required the reimbursement in cash or in extra land added to the 5.5 acres on the wetslopes and forested area descending from the 5.5. acre “park area.”

It was made clear that if the Common Council agrees to the Memorandum of Understanding (planned for as early as the November 6 Council Meeting), that the only opportunity for the Common Council to bail out of the deal would be when it comes time for the Common Council to remove the 65 acres from the Hospital Use Special Permit that now is attached to the targeted property. By refusing to remove the property from under the Special Permit, they violate the aggreement, in effect,  killing the park, and the property reverts to as of right.

WPCNR wants to point out that the Planning Board, by state law, is the agency charged with reviewing proposed subdivisions, however, by presenting the MOU to the Council, the council in effect has this one opportunity to either buy in or reject this concept of a subdivision on this property.

City Gets to Choose the Land with a Conservation Development

It was painstakingly pointed out by the Planning Commissioner that the Planning Board which under Zoning Law retains exclusive jurisdiction over “Conservation Developments”  would hold public hearings each step of the way as part of their series of steps to final approval of the subdivision.

Council President Rita Malmud told WPCNR after the meeting broke up that the Council can reject the park/subdivision plan and the 125 home development by either not signing the Memorandum of Understanding or by not approving the removal of the land from the Special permit.

The Planning Commissioner explained to the Council, by proposing the Conservation Development, the city is able to dictate where the parkland would be, while if a site plan were submitted, though the Common Council would have approval rights, the hospital could dictate where the parkland would be. Photo by WPCNR News

In contrast the Memorandum of Understanding gives New York Presbyterian Hospital the right to approve all access roads to the subdivision being designed for them by the city.

A troubled Dennis Power

Councilman Dennis Power expressed his desire to see a clause written in to the Memorandum of Understanding that if the New York Presbyterian Hospital were to entertain the sale of the land, that the Trust for Public Land be allowed to obtain it as a right of first refusal. Planning Commissioner Susan Habel said the Trust for Public Land did not buy land, that the organization was a negotiator only to try and bring two parties together. Asked what the value of the sixy-five acres now was, Paul Wood, Executive Officer said between 1.1 and $2 Million, but he did not know.

Mayor Delfino was adamant that he would not add any clause allowing the Trust for Public Land to attempt to broker a land deal. It was calculated by Councilman Thomas Roach that the land at 60 acres at $1.3 Million an acre would require an investment of $78.6 Million. Mayor Delfino said he did not think adding a right of refusal clause was legal. He said he might be able to get a separate letter from the New York Presbyterian Hospital to that effect.

Assessment Shot.

After the meeting, Wood  told WPCNR that upon approval of the Conservation Development plan, the city would obtain the 5.5 acres of park for immediate development into a park. He added on questioning that once the Conservation Development was approved by the Planning Board, (anticipated in August, 2007), the 60 acres would return to the assessment roles. He estimated that would add about a million dollars to the city budget (and WPCNR estimates $4 Million to the City School District coffers).   

The substance of the agreement was not challenged by the Council members accept in the matter of the length of the lease and its renewal, the terms and circumstances on how the city expenses (on the residential parcel) would be paid. The agreement binds both city and hospital to a strict 9-month timeline (in which Draft and Final Environmental Impact statements and Findings Statements would expect to be completed in time for an approval by next August) which the Commissioner of Planning was going to rework  

Councilman Arnold Bernstein made clear that the Council could refuse to renew the Proton Accelerator/biomedical facility Special Permit and use it as "a club" to enforce the agreement should the hospital refuse to pay city expenses if they violated or dragged their feet on the subdvision timetable.