Conifer Hearings Continue; Environmental Review Faces Big Point

After hearing from a large number of residents, New Castle's Town Board voted to adjourn two public hearings in connection to Conifer Realty's Chappaqua Station affordable housing proposal to July 23. The intent is to have time for Conifer to produce data about its finances and to have documents from an environmental determination, the later of which would be significant for the process.

The documents requested, as per the State Environmental Quality Review Act (SEQRA) would include a resolution for a determination. A determination could either lead to a positive declaration, which would greatly lengthen the process and require an environmental impact statement (EIS), a negative declaration that effectively leads to wrapping up the review, or a conditional negative declaration.

The financial information was requested after Conifer Principal Andrew Bodewes told the board that the economics of the project, specifically for maintenance and operation, relies of having more housing units for rental income to cover the costs. The proposal, to be located at a small site at 54 Hunts Place in Chappaqua, is now 28 units, down from an original count of 36.

“These buildings just don't generate a lot of cash, let's be clear," Bodewes said. He agreed to produce financial information after Councilman Robin Stout made the request.

Conifer's current iteration, presented to the board in April, has a height ranging from three to four stories, with a massing intended to present a residential scale. Stephen Schoch, Conifer's architect, also told the town board that he explored an all-3-story alternative that was requested for further review at a recent joint meeting of the planning board and architectural review board. He was skeptical of the concept, noting that it would create a footprint that goes out to the property lines and mean less recreational space. Additionally, Schoch felt that the current proposal, while taller, does a better job of breaking up the visual massing.

Meanwhile, town board members did not say how they will vote - rezoning legislation and a special permit for the project are being considered - but they did offer their feedback on what they think of the project as it currently stands.

Supervisor Susan Carpenter noted that sites for affordable housing have not been easy to come by in town, citing high asking prices for land. While she felt that the site is not her preference, she added that it was zoned in three years ago for affordable housing.

Carpenter also questioned a point raised by opponents who argue that the site, which is near the Saw Mill River Parkway and railroad tracks, will stigmatize its residents, arguing that the community can support them. She also felt that the rezoning legislation, which would apply requirements of the Retail Business (B-R) zone instead of the site's General Industrial (I-G) zone in a special permit application is “consistent with a reasonable approach” to develop the site as affordable housing.

Stout felt that, “Conifer has been very responsive to the comments that have been made by the public and by the town board.” The councilman, noting there are still outstanding issues, felt that they can be overcome.

Councilmen Jason Chapin and John Buckley were bluntly skeptical of the proposal. Buckley felt that it's too big, while Chapin took the same opinion while echoing residents' concerns about setbacks, safety and open space. He praised Conifer for its work to change the building but felt that it wasn't sufficient.

“While this amounts to several steps in the right direction it's not enough for me.”

The only board member who did not explicitly give an opinion was Deputy Supervisor Elise Kessler Mottel, although she was the one who initially brought up the financial role in the unit count.

At the meeting, Conifer attorney Alfred DelBello also announced that it would back a version of the zoning change, which involves text amendments, drafted by New Castle's legal counsel instead of an earlier that the developer proposed. The town's version, like Conifer's, allows for the town board to waive zoning restrictions, although it explicitly mentions that the zoning board of appeals can also do so if the town board denies a waiver request.

Speakers at the meeting were split on both sides of the issue, a change from past meetings that were predominately attended by opponents.

Supporters' arguments included using the site because of its availability and lack of alternatives, giving others a chance to live in town and that New Castle could potentially face litigation in relation to Westchester County's federal housing settlement. That agreement, reached in 2009, requires the county to have 750 affordable housing units built in mainly white communities by 2016.

“I think it's important that we realize that we need this project," said resident Steve Goldenberg.

Resident Jane Lindau was among those looking at the situation from the perspective of available sites.

“If it made economic sense, believe me, builders would be all over these other sites.”

Nancy King noted that she recently went to Armonk to see the new DeCicco's grocery store and that another building in its development, which is called Armonk Square, looked similar to Conifer's.

“It looks fine," she said.

On the stigmatization issue, King said, “Are we the kind of people who think less of people because of where they live? If so, what does that say about us?”

Resident and architect Bill Spade noted that the nature of the site has a stigmatizing effect.

“It ends up creating a ghetto location because there is no other property around it," he said, and suggested that town-owned land should be considered as an alternative.

Resident Ed Frank argued that the town could be named as a co-defendent in personal injury or wrongful death lawsuits stemming from the site.

Rob Greenstein, an outspoken resident who is also running for supervisor on several ballot lines, argued that approving the project, given the location, will not make New Castle look good given the town's economic status.

“You're going to tell me that that makes us look good?”

Greenstein also noted that the town board already gave approval for 20 units of affordable housing at Chappaqua Crosssing, referring to an April 2011 vote that the board took to rezone part of the site for 111 condos and townhouses that had the affordable units as a component.