Summit/Greenfield Seeks Vote on New Plan or the Old One

Chappaqua Crossing developer Summit/Greenfield wants the New Castle Town Board to set a public hearing and then to vote on its new preliminary development concept plan (PDCP) for its retail proposal. If this is not allowed, then a vote on its older plan is requested.

The developer's request was given by its land-use attorney, John Marwell, at Tuesday's town board work session.

The PDCP dictates building layout for the retail proposal, which requires a rezoning for the site. The new version, submitted earlier this month, includes a 40,000-square-foot Whole Foods grocery store on the southern end of the former Reader's Digest campus. The older PDCP, which was submitted in October 2012, had a grocery store located in the cupola building and an adjacent structure. 

Marwell also asked the town board not to refer the PDCP to the planning board or to Westchester County, arguing that there is no significantly changed impact from the earlier version. For example, he noted information submitted by the developer's engineering firm, which found that the plan is similar to the earlier one, which was studied by the board for the retail proposal's environmental review.

The attorney's request involved having a December hearing.

Town Board members who weighed in declined to take up Marwell's request immediately after it was made.

Councilman Jason Chapin wanted to hear from counsel and staff. He also suggested changing revenue data to reflect the specific figure that Whole Foods generates.

Councilman Robin Stout supported a county referral and wants expertise. He also noted that the proposal is different than what was studied.

At one point Marwell raised the possibility of Summit/Greenfield returning in January or February with a changed PDCP.

Les Steinman, a land-use attorney for the town, suggested that the board and counsel address legal issues presented by Marwell, who left the work session without any decision made by the board.

Geoff Thompson, a spokesman for Summit/Greenfield, reiterated what Marwell laid out to the board, and called for an up or down vote. He did not know whether Whole Foods would move into the other building instead.

Rob Greenstein, who will become the next supervisor in January and campaigned on opposition to the retail proposal, was present at the work session and spoke after the meeting. He is no longer concerned that the town board could vote on the proposal.