Some things in life are priceless, but Port Jefferson Village has settled on what’s an appropriate cost for not providing green space when new developments are built.
The village board passed a resolution Aug. 20 reducing the fee levied on developer Tritec, who constructed The Shipyard at Port Jefferson Harbor, for not including sufficient public green space in the apartment complex. It establishes a new precedent for future developments that private parkland can be used to satisfy village’s green space requirements — at least in some small part — as determined on a case-by-case basis.
As a condition of the site plan approval granted for the 112-apartment complex on West Broadway, Port Jefferson’s Department of Building and Planning had required that Tritec be responsible for paying a parkland fee.
Alison LaPointe, special village attorney for building and planning, said a parkland fee is commonly imposed by municipalities. Town of Brookhaven utilizes a multiplier formula that requires 1,500 square feet of public green space per unit in a housing development or $1,000 fine per unit if that space can’t be provided.
The fee is intended to require real estate developers to consider preserving or creating green and recreational spaces when building large complexes. It has been imposed on other projects in the village, like The Hills at Port Jefferson, built by The Gitto Group, on Texaco Avenue. The Gitto Group, rather than paying a fee or including public parkland on its property, invested in renovations to a nearby, village-owned park on Texaco Avenue to satisfy village code requirements.
The issue has been unresolved pertaining to The Shipyard, according to LaPointe, as village attorney Brian Egan has been corresponding with Tritec Vice President Rob Kent to determine if private recreation areas provided for tenants of The Shipyard could qualify to satisfy some of its requirement. The Shipyard offers a rooftop recreational space and a ground-level plaza area for its tenants, which LaPointe and staff from the town’s building and planning department ruled could satisfy the parkland requirement for about 21 of the complex’s 112 units based on square footage.
“In the past we have utilized the Town of Brookhaven’s [formula] as they have a multiplier — either 1,500 square feet per unit or $1,000 per unit,” she said. “The square footage I don’t really have a problem with. I believe that $1,000 is a relatively antiquated number in this day and age. You can’t really buy 1,500 square feet of anything for $1,000. Our multiplier that was proposed was $1,500, so not a massive increase. And again, our calculations came down to that they provided enough green space for a portion of their 112 units, but still did not have parkland for the remaining 91, which results in a fee of about $136,500 in parkland.”
The Aug. 20 resolution effectively set a $1,500 fee per square foot of green space not provided. Trustee Bruce Miller was the lone village board member opposed to the resolution.
“I am appalled at this,” he said. “We are taking recreational space that every luxury apartment has to provide if they’re going to attract tenants and we’re dedicating that to the specific use of the tenants only and we’re calling that public space or green space. It’s not public space.”
Village Mayor Margot Garant disagreed with Miller.
“I think it’s appropriate to give a credit because you also want to encourage these [developers] to build nice places that have the amenities, that have certain areas that are green space, that are attributable to the living area,” she said.
A spokesperson for Tritec did not immediately respond to a request for comment.