At a late Tuesday-night meeting, the New Castle Town Board approved several zoning text changes connected to Conifer Realty's Chappaqua Station affordable housing proposal, one of two major pieces of legislation for the plan.
The changes involve applying the dimensional, bulk and lot requirements of the town's Retail Business (B-R) zone, regardless of its underlying zoning, to properties in downtown Chappaqua if they are subject to a special permit application for workforce housing. The site for Conifer's proposed 28-unit building, which is off of Hunts Place, has General Industrial (I-G) zoning. Another major change involves giving the town board the authority to waive the zoning requirements, which it could do with consideration of criteria such as furtherance of affordable housing and hardship to an applicant. If the town board denies a request for a waiver, then an applicant can bring its case to the zoning board of appeals.
The iteration of the text changes that was approved was drafted by the town's law firm, Wormser, Kiely, Galef & Jacobs LLP, which was in response to an original proposal that was drafted by Conifer this past spring. Conifer subsequently dropped its version from consideration.
The text changes resolve a disagreement between the town and Conifer over how older workforce housing legislation, passed in 2010, applied to special permits. The town's building inspector stated that Conifer would need 10 variances to comply with the I-G zone. In contrast, Conifer believed that the special permit process superseded the underlying zoning, Andrew Bodewes, a principal in the firm, explained to reporters when asked about it in April.
Under the new legislation, according to a memo prepared by Town Planner Sabrina Charney Hull, Conifer indicated that town board waivers would be needed for four items: story number, a smaller front-yard setback, a height that is above the maximum for B-R, and a smaller parking space count.
“We made some progress tonight," Conifer attorney Alfred DelBello told Patch.
Bodewes said that there were comments from the board and town staff about there being inconsistencies, and described the zoning changes as being designed to correct them.
The board voted 4-1 in favor of the text changes, with Councilman John Buckley voting against the legislation.
Key Environmental Vote Delayed to Thursday
The board did not act on Conifer's special permit application for the proposal, but is moving closer to doing so and will hold an important environmental review vote pertaining to it later this week at a special meeting on Thursday at 6 p.m.
The vote is for an environmental determination for the project, which the town board decided not to take a vote on Tuesday night when it had a chance to do so. With a determination, the board has three options to choose from, according to Town Attorney Clinton Smith: issuing a positive declaration, which declares that the project has a significant environmental impact and would then require preparation of an environmental impact statement, a negative declaration that determines there is no significant impact and does not require a wait before a vote on the application, and a conditional negative declaration that requires a 30-day public comment period before a vote can be held. The town board is considering the later, with a draft of the legislation calling for Conifer to meet conditions pertaining to a clean up of the site - the place was once used for fuel and coal supply, the declaration reads, and there is contamination - and to provide information about noise standards and fire safety.
If the board approves the declaration, then it cannot vote on the special permit for 30 days, which is until late August.
The text changes, in contrast, were given a regular negative declaration by the board in a separate vote, which does not require a waiting period.
The board, 4-1 and with Buckley against, also voted to close the public hearing for the application. By closing the public hearing for the special permit, the board is required to vote within 62 days, Smith believes. The would mean that the board cannot go beyond late September.
The voting outcome was the same for closing the public hearing for the text changes.
"Supermajority" Petition Submitted
Meanwhile, there is another item that could alter the process. A petition was submitted on Tuesday afternoon on behalf of a skeptical group called Chappaqua For Responsible Affordable Housing, according to Jim McCauley, a resident and group member.
The petition works according to a state law in which getting enough valid signatures of a certain number of people with nearby properties requires the town board to take a supermajority vote to pass the application. In the case of New Castle, four out of five board members would have to vote in favor. McCauley was not sure, as of Tuesday night, whether there were enough valid signatures, and Supervisor Susan Carpenter acknowledged receipt of the petition.
The town board can still vote on the special permit application before it is determined that there are enough valid signatures, Smith said. However, if it is determined that the petition is valid, then a board vote with three in favor of the special permit would not count. In the case of the text changes, since four members voted to pass them, the petition does not matter.
Conifer's Financial Data Will Not be Made Public; State Group Balks at Lower Unit Count
Two items pertaining to whether or not Conifer could further cut its apartment unit count were discussed.
One item was about Conifer's financial information, which was requested from the town board after a meeting earlier this month in which Bodewes explained that a certain unit amount was needed in order to get enough income to pay for maintenance.
Supervisor Susan Carpenter, when asked by a resident on whether the information would be made public, said it would not, noting that the statements are "confidential and proprietary," a remark that frustrated some. Councilman Jason Chapin said that there was an expectation that the information would be shared but that officials were told not to when it was received because it's confidential and proprietary.
Meanwhile, Carpenter read a letter from an official at the state's Homes and Community Renewal to a Conifer executive. The July letter indicates support for Conifer's decision earlier this year to cut the unit count from 36 to 28 but opposes another reduction, citing the importance of having affordable housing units in Chappaqua.
Existing Arguments Continue
The meeting, which included the hearings for the special permit and for the text changes, was split between supporters and opponents of the project.
People against the plan reiterated concerns about the site, with its proximity to the Saw Mill River Parkway and train tracks having been noted before, and with concerns that the place will be isolating and serve to stigmatize its inhabitants.
Supporters, meanwhile, argued that the proposal will benefit people and that there is a lack of alternatives in town.
Bill Spade, who says he is not against affordable housing but is concerned about the site, called the structure "a big, bulky, 4-story building.” He also called the site “an incredibly isolated location.”
“Whatever decision you make, someone's going to be upset, but that's why you get elected," said Steve Goldenberg, a supporter.
Spade noted that several items were raised by Town Planner Sabrina Charney Hull but have not been addressed. In response, Hull explained that there will be several opportunities to address outstanding items. In addition to the conditional negative declaration, she said that they can be made conditions of the special permit itself and for a building permit.
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