Scarsdale Forum Speaks Out on Hochul's Housing Compact

The Scarsdale Forum has added their voice to the rising tide of those who object to Governor Kathy Hochul’s housing compact, which is now being debated in Albany. The mandate to increase housing stock and allow the state to override local zoning code could have far-reaching effects on the Scarsdale landscape along with the schools, infrastructure, tax base, services, sustainability and zoning and planning.

Though officials from many Westchester municipalities signed a recent position paper from the Westchester Municipal Officers Association outlining the pitfalls of the plan, no one from Scarsdale spoke up or signed the letter. The Forum is urging Scarsdale to take a stand.

Forum President Susan Douglass said, "Governor Hochul's proposed Housing Compact legislation will have a substantial negative impact on Scarsdale from multiple perspectives -- zoning, downtown planning, education, municipal services, sustainability, and of course the budget and taxes, since there is insufficient funding tied to implementation of this program." She went on to note, "Thus far, officials from many communities in Westchester have spoken out against this proposal. Scarsdale would face particular challenges if the plan were to be implemented." 

Quoting from the report, “Implementing Governor Hochul’s Housing Compact would require that large portions of Scarsdale which are currently zoned for single-family units be completely re-zoned to allow for multi-family housing. This would allow for heightened building skylines to be created along all roads in Scarsdale which are within a half mile of a train station or its platform. For example, envision the first half-mile of the south end of Fox Meadow Road. Currently, each lot on either side of this residential road is occupied by a single-family house. Under the Governor's plan, developers can be expected to buy these properties and line both sides of the road with apartment houses similar to those along Garth Road or in downtown Hartsdale. The same is true along Walworth Avenue in Greenacres. Because the multi-family units zone extends for one-half mile in all directions, the Overhill area and Old Scarsdale neighborhoods near the Village Center would also risk being redeveloped into apartment buildings or townhouses.”

The report outlines potential impacts and calls for action by both the Village Board and individual residents to voice their opposition.

Read the opening of the report below:

Introduction

New York State Governor Kathy Hochul has included in her 2023 New York State budget a two-part proposal for a “Housing Compact” program, set to commence in January 2024, with the goal of increasing affordable housing.

The first component would require every village, city and town in the New York metropolitan area, including the Village of Scarsdale (the “Village”), to increase their housing stock by 3 percent in the next three years and by 3 percent every three years thereafter. Should Scarsdale not meet this goal, a new fast-track approval mechanism that allows for multi-family projects will be automatically triggered, and will override whatever local zoning, planning and land-use regulations are currently in place.

The 3 percent requirement for Scarsdale would translate into approximately 173 new housing units by the end of 2027 (based on the current 5,454 units ), and likewise around the same number of units every three years thereafter.

The second part of the housing compact is a Transit Oriented Development (TOD) initiative, and requires local planning and zoning law changes within a three-year window to facilitate the development of multi-family housing in areas near a rail station. The program requires a forced amendment to Village law adding a new section, “Density of residential dwellings near transit stations.” Under the TOD proposal, the area subject to the mandatory zoning and planning changes would encompass all developed land within a half-mile radius from a train station.

There are four tiers to the program, which are distinguished by the proximity of a transit station to New York City. Scarsdale is in Tier 1, along with the other communities that are no more than 15 miles from the New York City border. Being in Tier 1, Scarsdale would be required to change its zoning laws to meet or exceed the density requirement of 50 units per acre for all properties within a half-mile radius of a train station.

The TOD proposal mandates a zoning change, but not a building mandate. As a result, homeowners within a Tier 1 area would not be forced to increase the number of units on their property. However, developers would potentially incentivize owners to sell and develop larger multi-unit buildings on single-family zoned lots. A “worst case scenario” assumes every current property owner within Tier 1 sells, and their property is developed to the maximum units per acre within the half-mile radius of the train station. New York State Assemblywoman Amy Paulin, who represents Scarsdale, estimates that the number of units in Scarsdale and Hartsdale combined would be in the range of 10,000 units. State Senator Shelley Mayer, whose district now includes Scarsdale, posits the requisite number of units would be in the range of 13,000 units.

Should even one property within Tier 1 be converted from single-family to multi-family, it would forever change the landscape and fabric of the Scarsdale community, let alone if this proposal proliferates on the scale estimated.

The mandated local code changes would be exempt from any state environmental review, and the Village would be prohibited from imposing unreasonable provisions relating to lot coverage, open space, height, setbacks, floor area ratios or parking requirements.

In the event of a failure of the Village to comply with the State-mandated zoning change, the Village would nevertheless be required to permit the 50 units per acre density requirement as mandated by State law and must review any qualifying projects that could come to the Village pursuant to a process outlined in State law, with enforcement by the State Attorney General.

Major Conclusions And Recommendations

While the Committees agree that affordable housing is needed in Westchester County and throughout New York State, the Committees oppose the Governor’s Housing Compact proposal. The position of the Committees is that it is the incorrect way to effectuate increased housing in New York State, and it will create irreparable damage to local communities including Scarsdale.

This Report recommends that the Village take the following actions immediately:

1. Issue a formal resolution in opposition to the Housing Compact ; and
2. Encourage the Village Board of Trustees and the community to contact the Governor’s office, as well as Scarsdale’s State Senator Shelley Mayer and State Assemblymember Amy Paulin, to voice opposition to this proposal.

Read the entire report here.