Town Board Approves Key Conifer Environmental Decision

The New Castle Town Board approved a major environmental resolution for Conifer Realty, declaring that its Chappaqua Station affordable housing proposal is receiving a conditioned negative declaration.

The declaration means that the environmental review is effectively winding down because a lengthy environmental impact statement will not be needed. However, the proposed 28-unit apartment building will be subject to several conditions and continued review by the town board. They include submitting copies of mitigation documentation and plans to the town concerning cleanup of the site under the state's Brownfield Cleanup Program - the site was once used for fuel and coal storage and is contaminated - as well as submission of design information to the board or to an architect supported by the board; and construction of fencing, if state approval is given for it, to discourage dropping off passengers along the section of the Route 120 bridge adjacent to the 3-and-4-story building.

Other conditions include confirming to the town that there is compliance with sound standards, along with submitting details of landscaping to the town board, which it would approve.

The declaration means that it was determined the proposal will not have a significant effect on the environment. Under state law, it was one of three choices for the board. The others were a negative declaration, which is similar but requires no conditions, and a positive declaration that would lead to a required environmental impact statement.

The item passed by a 3-2 margin. Supervisor Susan Carpenter, Deputy Supervisor Elise Kessler Mottel and Councilman Robin Stout voted in favor, while Councilmen John Buckley and Jason Chapin voted against. Dissenting votes are rare for the board, which usually votes with unanimity.

The board approved the determination at a special meeting on Thursday evening, which was held because some members who spoke at a regular Tuesday meeting felt that more time was needed. Prior to the vote, proofreading of the document was briefly done by officials.

The vote came two days after a series of votes on other major items for the proposal were held. They included approving a series of zoning text amendments that allow for the dimensions of the town's Retail Business (B-R) zone to apply to sites that are subject to workforce housing applications - the Conifer site, off of Hunts Place, carries the General Industrial (I-G) zone - and for the town board to waive such requirements with a set of criteria used. Another vote was to give the text changes a negative declaration, which came with no conditions. The board also voted Thursday to reaffirm the text changes and the accompanying environmental determination, with the outcomes once again being four in favor and Buckley the only one opposed.

With the vote finished, the only remaining piece of legislation for the proposal is Conifer's application for a special permit. However, because the negative declaration has conditions, a 30-day waiting period is required before a vote can be held, which means late August. Additionally, the board is required have the vote by late September because it also voted Tuesday to close the public hearing for the special permit.

"It was a great night," Conifer Principal Andrew Bodewes told reporters after the vote, and said he was "excited" about moving forward.

Conifer is a contract vendee for the site, meaning that it does not own the property but plans to purchase it. The purchase will close if the town board approves the special permit, according to Bodewes.

Left unclear Thursday night is what impact, if any, a petition submitted earlier this week that attempts to force a supermajority approval will have. The petition, which was submitted on behalf of the skeptical group Chappaqua For Responsible Affordable Housing, involved collecting a number of signatures from nearby property owners. Under state law, if such a petition is valid, there is a requirement of approval from three-fourths, or four out of five board members. Town Attorney Clinton Smith, however, was not sure whether the petition applies to special permits.