Public hearing on Chappaqua Crossing application for grocery and retail

Tuesday, July 22, 2014
by Christine Yeres

• The public hearing on proposed zoning changes to permit retail at Chappaqua Crossing opens tonight, Tuesday July 22, around 8:00 p.m.  Click HERE for agenda (several items come before the CC public hearing).

• The Pace report on the May community outreach sessions has not yet been released.  It may come next week to the Town Board in draft form, for internal review by town staff.  According to Town Planner Sabrina Charney it may be made public by mid-August. 

• The Town Board has still not funded any further master plan work.  According to Charney, they are discussing engaging the services of a professional survey/poll firm.

• Planning Board Chair Bob Kirkwood announced yesterday that the Planning Board comments on the proposed zoning changes and preliminary development concept plan will not be ready in time for tonight’s hearing, and that the Planning Board has determined that it needs to meet with Town Board members, possibly between now and the end of the month, to discuss the application.  “It’s a critical application,” said PB Chair Bob Kirkwood. “In the best interests of this application and the town we want to make sure we have the best possible chance of getting this correct.” 

• You can view the meeting live, through NCCMC’s Livestream.

Find the text of the draft zoning amendment below the two videos.

Friday, July 18, 2014 Special Planning Board Meeting on Chappaqua Crossing—PB discusses its continuing concerns about the application for retail zoning.
Running time is around 2.5 hours:

Town of New Castle Special Planning Board Meeting 7/18/14 from New Castle Media Center on Vimeo.


Monday, July 21, 2014 Special Planning Board Meeting on Chappaqua Crossing—PB determines to speak with Town Board “sooner rather than later.”
Running time is around 5 minutes:

 

Town of New Castle Special Planning Board Meeting 7/21/14 from New Castle Media Center on Vimeo.


Draft 4/02/13

To see it in pdf form on the town’s website, click HERE.


REDRAFTED LOCAL LAW TO AMEND CHAPTER 60 OF THE NEW CASTLE TOWN CODE TO ADD PROVISIONS ALLOWING RETAIL USES IN A RESEARCH AND OFFICE BUSINESS DISTRICT UNDER CERTAIN CONDITIONS

Be it enacted by the Town Board of the Town of New Castle, as follows:

Section 1. The Town Development Plan of the Town of New Castle dated November 1989 is amended to recognize, as originally anticipated in 1989, that the commercial real estate market is not supporting large scale office and research facilities and that to retain those existing facilities as part of a viable community and real estate tax base, those existing facilities may need to be adaptively reused and/or augmented by retail uses which support the continuing office and research uses and/or meet community needs.

Section 2. Town Code Chapter 60 is amended at Section 60-300, “Classes of districts” to add a new paragraph B(9) immediately after paragraph B(8) to read as follows:

(9) Office Park Retail Overlay District.

Section 3. Town Code Chapter 60 is amended to add a new Section 60-360, “Office Park Retail Overlay District,” immediately after Section 60-350 to read as follows:

§60-360. Office Park Retail Overlay District (“Office Park Retail Overlay District”). This Office Park Retail Overlay District zoning is intended to provide the opportunity for the development of a retail zoning district on a planned basis in the Town’s only mapped Research and Office Business District (“Office Park District”) to be anchored by a full service grocery store and provide for other retail uses that will provide a complementary and mutually sustaining tenant mix, that are appropriate for the comfort and convenience of occupants in the underlying Office Park District and occupants and residents in the community, that will facilitate provision of daily needs products and services such as groceries and basic retail in an otherwise underserved market area, and that will support and enhance the Town’s commercial real estate tax base. To further this intent with proper protection for existing development in the community, Office Park Retail Overlay Districts shall be established within Office Park Districts on a floating zone basis, subject to approval by the Town Board in each case, and in accordance with an approved preliminary development concept plan, as described and defined herein.

60-360.1. Approval procedure. The zoning and planning approval of any Office Park Retail Overlay District and related project improvements shall involve a two-stage review process as follows:

[1] Action by the Town Board either on its own initiative or on an application by or authorized by the owner(s) of the property as set forth in §60-360.101:
[a] Approval of a preliminary development concept plan.

(b) Rezoning of a specific portion of the underlying OfficePark District for development in accordance with that preliminary development concept plan.

[2] Action by the Planning Board.
[a] Approval of a final, detailed site development plan.
(b) If a part of the application and appropriate, approval of a
subdivision plat and issuance of any environmental permit.
[c] If determined to be appropriate by the Planning Board on its own initiative or on an application, approval of an integrated operations plan for the Office
Park Retail Overlay District and the underlying Office Park District.

60-360.2. Application to Town Board for zoning approval. Application by or authorized by the owner(s) for the establishment of an Office Park Retail Overlay District shall be submitted to the Town Board in 15 copies at a regularly scheduled meeting of Town Board. The application shall include at least the following items of information:

[1] The names and addresses of the property owner(s), of the applicant (if other than the owner), and of the planner, engineer, architect, surveyor and/or other professionals engaged to work on the project.

[2] If the applicant is not the owner of the property, authorization from the owner(s) to make the application as set forth in §60-360.101.

[3] A written statement describing the nature of the proposed Office Park Retail Overlay District and project improvements, describing how the proposed district and the improvements are designed to serve the purposes of this chapter, describing how each is consistent with or varies from the Town Development Plan, analyzing each’s relationship to immediately adjoining properties, to other uses and improvements in the underlying Office Park District, and to the broader community, analyzing the availability and adequacy of utilities to serve it, analyzing the safety and capacity of the street system in the area in relation to the anticipated traffic generation, and presenting such other information as may be required by law or determined necessary by the Town Board or Planning Board to properly enable them to review and decide upon the application.

______________

[4] A written statement of the proposed method of ownership and maintenance of all common utilities, facilities, and developed and unimproved lands within the proposed Office Park Retail Overlay District.

[5] A preliminary development concept plan for the proposed Office Park Retail Overlay District and project improvements, drawn to a convenient scale and including the following items of information:

[a] The area of the property in both acres and square feet in the proposed Office Park Retail Overly District and in the underlying Office Park District.

(b) The floor area in square feet of each floor in each building proposed in the proposed Office Park Retail Overly District and of each building proposed or
existing in the underlying Office Park District.

[c] A map of existing terrain conditions in the proposed Office Park Retail Overlay District, including topography with a vertical contour interval of no more than two feet, identification of soil types (including wetlands), existing drainage features, major rock outcroppings, the extent of existing wooded areas and other significant vegetation, existing stone walls, etc.

[d] A site location sketch indicating the location of the proposed Office Park Retail Overlay District and project improvements with respect to neighboring streets and properties, including the names of all owners of property within 500 feet of the underlying Office Park District, showing the existing zoning of the property, and showing the location of all zoning district boundaries in the surrounding area.

[e] A preliminary site development plan for the proposed Office Park Retail Overlay District and project improvements indicating the approximate location, footprint, height, and design of all buildings, the approximate floor plate of each retail use, the arrangement of parking areas and access drives, and the general nature and location of other proposed site improvements, including landscaping and screening, the storm drainage
system, water and sewer connections, etc.

[f] A description of the retail uses proposed for the Office Park Retail Overlay District, their complementary and mutually sustaining characteristics, their appropriateness for the comfort and convenience of occupants in the underlying Office Park District and occupants and residents in the community, and the manner in which they will provide products and service in an otherwise underserved market area.

[g] A generalized time schedule for the staging and completion of the proposed project improvements.

[h] An application fee in an amount as set forth by resolution of the Town Board in the Master Fee Schedule, which may be amended.

[6] If required by the Town Board or the Planning Board, as the case may be, for purposes of better illustrating or understanding the applicant’s proposal, a three- dimensional scale model of the proposed Office Park Retail Overlay District’s terrain and proposed improvements, in part or in its entirety, at a scale acceptable to the Board.

60-360.3. Referral to Planning Board and Architectural Board of Review. Upon receipt of a properly completed application for establishment of an Office Park Retail Overlay District, 8 copies of the application shall be referred to the Planning Board for review and report and 5 copies of the application shall be referred to the Architectural Board of Review for review and report. Within 65 days of the date of the Planning Board meeting at which such referral is received, the Planning Board shall make its report to the Town Board, and within 65 days of the date on which such referral is filed with the Secretary of the Architectural Board of Review, the Architectural Board of Review shall make its report to the Town Board. No action shall be taken by the Town Board until the later of (i) the earlier of the Town Board’s receipt of the Planning Board report or the expiration of the Planning Board 65 day review period, or (ii) the earlier of the Town Board’s receipt of the Architectural Board of Review report or the expiration of the Architectural Board of Review 65 day review period. Either or both of said review periods may be extended by resolution of the Town Board.

60-360.4. Planning Board and Architectural Board of Review Reports.

[1] The Planning Board, in its report to the Town Board, shall take into consideration the recommendations of the Town Development Plan, the existing nature and arrangement of land uses in the area, the relationship of the proposed design and location of improvements in the proposed Office Park Retail Overlay District to one another and to any proposed and existing improvements in the underlying Office Park District, traffic circulation into, out of, and within the proposed Office Park Retail Overlay District and into, out of, and within the underlying Office Park District, the adequacy of available utilities to service the proposed development, compliance of the proposed project improvements with the standards and requirements of this chapter without regard to this section, the then current need for such retail uses to serve the uses and occupants of the underlying Office Park District and the uses and occupants and residents in the community and in the target market area, and other factors appropriately related to the purpose and intent of this section and the Town Code.

[2] Architectural Board of Review Report. The Architectural Board of Review, in its report to the Town Board, shall take into consideration the relationship of the proposed design and location of improvements in the proposed Office Park Retail Overlay District to one another, to any proposed and existing improvements in the underlying Office Park District, and to any existing improvements in the area, the purposes and criteria set forth in §60-550 of this chapter, the Design Guidelines set forth in §60-360.8.56 of this chapter, and other factors appropriately related to the purpose and intent of this section and the Town Code.

60-360.[5]6. Town Board public hearing. Within 45 days of the later of (i) the earlier of the Town Board’s receipt of the Planning Board report or the expiration of the Planning Board 65 day review period or (ii) the earlier of the Town Board’s receipt of the Architectural Board of Review report or the expiration of the Architectural Board of Review 65 day review period, the Town Board shall schedule and open a public hearing on the Office Park Retail Overlay District application with the same notice as prescribed by law for zoning amendments.

60-360.6. Town Board action.

[1] Within 45 days of the latter of the date that the public hearing is closed or that all action required under the State Environmental Review Act as a prerequisite to Town Board action has been taken, the Town Board shall act to approve, approve with modifications, or disapprove the preliminary development concept plan and the establishment of the Office Park Retail Overlay District. Said period may be extended by resolution of the Town Board. Approval or approval with modifications is required for and shall be deemed to authorize the applicant to proceed with the detailed design of the proposed project improvements in accordance with such concept plan and the subsequent procedures and requirements of this section. A copy of the resolution containing the Town Board’s decision shall be forwarded to the Planning Board and to the applicant. A copy shall also be placed on file in the office of the Town Clerk and, if in the form of an approval, the official copy of the Town Zoning Map shall be amended accordingly.

[2] Approval of establishment of an Office Park Retail Overlay District shall expire within 12 months of the date of Town Board approval if the applicant has not applied for and received site development plan approval and final subdivision plat approval, if appropriate, from the Planning Board in accordance with the requirements of this chapter and unless work on the site is begun within 18 months of Town Board approval and is being prosecuted to conclusion with reasonable diligence.  The Town Board, upon request of the applicant, may extend either or both of the above time periods by resolution in increments of not more than six months each time that an extension is granted [for two additional periods of not more than 6 months each]. In the event of an expiration of approval, the Office Park Retail Overlay District shall automatically be removed from the subject property, such property shall revert to its underlying Office Park District zoning classification, and the Town Clerk shall amend the official copy of the Zoning Map accordingly.

60-360.7. Final site development plan approval by the Planning Board.

[1] No earthwork, land clearing, construction, or development shall take place within an Office Park Retail Overlay District except in accordance with a site development plan approved by the Planning Board in accordance with this section and with the procedures and standards for site development plan approval as set forth in § 60-440 of this chapter.

[2] Where a proposed Office Park Retail Overlay District development also involves any subdivision or resubdivision of land, no development may proceed until the Planning Board has granted final subdivision approval in accordance with the standards and procedures of the Land Subdivision Regulations, Chapter 113 of this Code.

60-360.8. Development standards. Development within an Office Park Retail Overlay District shall be governed by the same standards as apply to development in the underlying Office Park District without regard to the Office Park Retail Overlay District, except as modified below:

60-360.8.1. Location. The establishment of an Office Park Retail Overlay District shall be permitted only within an Office Park District.

60-360.8.2. Maximum size. The maximum site size of an Office Park Retail Overlay District shall be 35% of the size of the underlying Office Park District.

[60-360.8.3.  Building footprints.

[1] The maximum aggregate building footprint(s) in an Office Park Retail Overlay District shall not exceed 20% of the total building footprint(s) in all of the underlying Office Park District, including the Office Park Retail Overlay District, but the Town Board may increase the aggregate building footprint(s) allowed in an Office Park Retail Overlay District to more than 20% but not more than 25% of the aggregate building footprint(s) in all of the underlying Office Park District, including the Office Park Retail Overlay District, if it finds and determines that such size allows for a more harmonious relationship and integration of the Office Park Retail Overlay District with the balance of the underlying Office Park District and better operation of the Office Park Retail Overlay District site and uses.

[2] The maximum building footprint occupied by a single use in an Office Park Retail Overlay District shall not exceed 40% of the total building footprint(s) in all of the Office Park Retail Overlay District, and the maximum building footprint occupied by any three uses in an Office Park Retail Overlay District shall not exceed 60% of the total building footprint(s) in all of the Office Park Retail Overlay District.]

60-360.8.3[4]. Floor areas.

[1] The maximum aggregate floor area in an Office Park Retail Overlay District shall not exceed 20% of the total floor area in all of the underlying Office Park District, [including the Office Park Retail Overlay District] including the Office Park Retail Overlay District _____________, [but the Town Board may increase the aggregate floor area allowed in an Office Park Retail Overlay District to more than 20% but not more than 25% of the aggregate floor area in all of the underlying Office Park District, including the Office Park Retail Overlay District, if it finds and determines that such size allows for a more harmonious relationship and integration of the Office Park Retail Overlay District with the balance of the underlying Office Park District and better operation of the Office Park Retail Overlay District site and project.]

[2] In a building(s) ​​used by a full-service grocery store, as required by §60-360.8.56, ​** enclosed loading areas and mezzanine space of less than 5,000 square feet for grocery support functions **
[DELETED: internal loading and grocery-support space (i.e., storage, refrigeration, preparation) on the lower floor​]  shall not be counted towards the square footage of the main floor, the otherwise permitted retail area, or the total square footage within the underlying Office Park District.

[[2] The maximum floor area occupied by a single use in an Office Park Retail Overlay District shall not exceed 40% of the total floor area in all of the Office Park Retail Overlay District, and the maximum floor area occupied by any three uses in an Office Park Retail Overlay District shall not exceed 60% of the total floor area in all of the Office Park Retail Overlay District.]

[3] The minimum floor area occupied by a single use in an Office Park Retail Overlay District shall be [5,000] 1500 square feet, ​[DELETED: ​but in no case shall there be more than four stores each having a floor area under 5000 square feet. ​]​

60-360.8.4[5]. Required uses. Any Office Park Retail Overlay District must contain a full service grocery store occupying at least 36,000 [50,000] square feet but not more than 66,000 [60,000] square feet.

60-360.8.[6] 5. Design guidelines.

[1] Design of buildings and improvements in the Office Park Retail Overlay District shall be included as a part of the preliminary development concept plan for the Office Park Retail Overlay District and approved by the Town Board as part of its approval of the preliminary development concept plan.

[2] Design of buildings and other improvements and architecture in an Office Park Retail Overlay District shall be consistent with and complement one another and the design of the other buildings and improvements in the balance of the underlying Office Park District and otherwise consistent with the following guidelines:

[a] The historic architectural character and [or] iconic features of existing buildings should be preserved and/or respected in any proposed adaptive re-use.

(b) Visual harmony and unity should be achieved by the use of similar building materials, forms, colors, and scale in the Office Park Retail Overlay District as are found in the underlying Office Park District.

​[DELETED: ​{1} Standard brick as, opposed to concrete block or siding should be used.

{2} Large areas of unbroken materials such as stucco, paneling, stone, glass, or plastic should not be used generally.

{3} Windows generally should be broken into smaller elements by vertical and horizontal mullions.

{4} Window awnings and trim should be of the same or complementary color to visually unify the buildings and uses. ​]​

[c] Mechanical equipment such as condensers, satellite dishes and other antennas, and solar energy collector panels should be mounted or screened in such a
way as to conceal them from view at the street level.

[d] Utility service lines should be underground to all buildings and decorative street lights, and vaults for underground utilities should be installed as
part of any sidewalk construction, even if the vaults are not to be used initially.

[e] All dumpster and trash storage areas should be enclosed or screened from view with a fence and secure gate.

60-360.8.[7]6. Signage.

[1] Signage in an Office Park Retail Overlay District shall:

[a] Further the objectives set forth in §60-413(a)-(h) of this chapter, and comply with [but shall not be subject to] the standards of general applicability within set forth in §60-413.5 of this chapter, unless otherwise provided herein, but shall not be subject to the standards set forth in §60-413.5 of this chapter.

(b) Be consistent with the design and presentation of the buildings and improvements in the Office Park Retail Overlay District and in the underlying ​ ​Office Park District and with the following guidelines:

{1} Relationship to Buildings:

{a} Signs should be designed in careful consideration of their architectural context. They should relate in color and style to the others in the Office Park Retail Overlay District and in the underlying Office Park District. They should not cover architectural features such as columns, cornices, decorative elements, or ​ ​windows.

{b} The location for display of signs should be
an integral part of the
architecture of a building.
{2} Signs should be of a scale that gives due regard to
the character of the surrounding
neighborhoods and still is in keeping with the visual
environment of the underlying Office Park District
and the Office Park Retail Overlay District.
{3} The color intensity of all signs should be
consistent with the colors used in the Office
Park Retail Overlay District and the underlying
Office Park Retail Overlay District.
{4} Illumination of signs in the Office Park Retail
Overlay District shall be permitted subject to the following:
{i} Signage visible to or adjoining residential
areas to be designated with direct
ional lighting, so as not to shed
light on residential properties.
{ii} No flashing, rotating, or intermittent
illumination shall be permitted.
{iii} Hours of illumination of signage adjoining
residential areas shall be limited to not later than the close of business for the establishment
displaying the illuminated sign..
{iv} Interior illumination of a sign shall not be
permitted unless such illumination is confined to
the sign’s lettering and/or symbols, except
that the illumination of the
background area of a sign with in
terior illumination may be
permitted, provided that the applicant can dem
onstrate to the satisfaction of the approving
authority that such lighting will not result in a
level of illumination or glare such that the sign
may cause a distraction to motorists or nega
tively impact surrounding properties. Where
interior illumination of a sign’s background materi
als is sought, the applicant shall bear the
burden of proof of demonstrating co
mpliance with the above standards.

(v) Illuminated sign bands, and illuminated traffic
directional signs with retail te
nant names within parking lots
and internal drives, shall be
permitted where approved by the Town Board in the preliminary development concept plan or
by separate resolution, or by the Planning Boar
d in its site development plan approval.
{2} Sign Types:
{i} All uses should be
required to display a
sign identifying the name of their business.
{ii} Signs depicting types of use(s) in graphic
form are encouraged and should
be either affixed to or hung
on the buildings to add visual
interest to the shopping environment.
{iii} Either a bracket sign or a wall sign should
be permitted for any use.
Notwithstanding the Town Board’s approval of signage as
part of the preliminary development concept plan
for the Office Park Retail Overlay District,
the signage requirements may be amended by the Pl
anning Board if it finds and determines that
such amendment is necessary for reasons of safety and/or traffic flow.
[c] After the Town Board’s approva
l of signage as part of the
preliminary development concept plan for the
Office Park Retail Over
lay District and the
Planning Board’s site development
plan approval, changes in sign
design, color, and style in
the Office Park Retail Overlay District shall be
subject to review and approval by the Board of
Architectural Review in accordan
ce with this section, the pr
eliminary development concept
plan, and the procedures and standards
set forth in §60-550 of this chapter.
60-360.8.7. Parking and Loading Standards.
Except as otherwise set forth
below, the standards of §60-426.3 of this chapter
shall apply to each improvement and use in an
Office Park Retail
Overlay District.
[1] The otherwise applicable re
quirements of §60-426.3 of this
chapter may be reduced by the Town Board as
part of the preliminary development concept
plan for the Office Park Retail Ov
erlay District if the Town Boar
d finds and determines that the
capacity of on-site parking is sufficient to meet th
e demands of the retail us
es or that it will be
sufficient by reason of the provision of non-reserved parking spaces and variation in the
probable time of maximum use
by visitors, patrons, and employ
ees of such use(s) and the
availability of other parking sp
aces in the balance of the underlyi
ng Office Park District, but:
[a] The Town Board may requi
re a parking accumulation
study to be prepared to demonstrate that suffi
cient parking spaces exist so that no overflow
parking is likely to occur in any street, or to
support any reduction in parking granted by the
Town Board below the otherwise applicable
requirements of §60-426.3 of this chapter.

At no time shall the aggregat
e parking requirement for the
Office Park Retail Overlay Dist
rict be reduced to less than
5 parking spaces per 1,000 square
feet of floor area.
[2] Any change in use of more than
10,000 square feet of floor area
in an Office Park Retail Overlay District shall require:
[a] If land banked parking spaces are available, either:
{1} Submission of a parking accumulation study to the
Planning Board, and if the Planning Board dete
rmines on the basis thereof that additional
parking spaces are required to accommodate
the demand of the new use, then land banked
spaces must be made available for use.
{2} Amendment or reapproval of the preliminary
development concept plan by the Town
Board in accordance with this section.
If land banked parking spaces are not available,
amendment of the preliminary development concept plan by the Town Board in accordance
with this section.
60-360.8. Site Characteristics. Th
e shape, dimension, topography, and
location of any Office Park Retail Overlay Distri
ct must allow for an appropriate and attractive
development with proper building separation and
screening and a harmoni
ous relationship with
adjoining land uses and the
natural physical terrain.
60-360.9. Operational Characteristics.
[1] Hours of operation of the uses
in an Office Park Retail Overlay
District may be fixed by the Town Board in th
e preliminary development concept plan or by
separate resolution.
[2] Illumination of the buildings,
signs, parking lots, and other
exterior features in an Office Park Re
tail Overlay District
may be fixed by:
[a] The Town Board in the preliminary development concept
plan or by separate resolution.
Except as otherwise fixed by the Town Board, by the
Planning Board in its site
development plan approval.
60-360.10. Ownership. The property in
a proposed Office Park Retail
Overlay District may be owned by one or more
persons, organizations, or
entities but shall be
presented as a single parcel of
land with integrated site operations at the time application for
ezoning is made. The application
shall be jointly authorized or file
d by all owners and, if approved,
shall be jointly binding on them
. If required by the Town Board or the Planning Board, the
owners’ agreement for integrated operation of th
e site shall be confirmed by written agreement,
in recordable form satisfactory to the Town Attorney.
60-360.11. Conflicts with other zoning requirements.
[1] In approval of a preliminary de
velopment concept
plan under this
§60-360, the Town Board may vary the bulk a
nd area zoning requirements that would
otherwise apply under any other
provision of this chapter.
[2] If any provision of this
Section 60-360, Office Park Retail
Overlay District, conflicts with
any other requirement of this chapter, the Office Park Retail
Overlay District provision shall supersede that
other requirement to the extent of such
inconsistency.”
Section 4.
Town Code Section 60-412, “Schedule of
regulations for business and industrial
districts,” is amended at 60 A
ttachment Part 6, “60-412, Schedule
of regulations for business and
industrial districts. Use Regulations
– Part 6” to r
ead as follows:

TOWN OF NEW CASTLE
§ 60-412. Schedule of regulations
for business and industrial distri
cts. Use Regulations—Part 6
[Added *-**-12 by L.L. No. *-2012]

The following are the only uses permitted in business or industrial
districts. All uses not listed
shall be deemed to be prohib
ited. Permitted uses are subject to
any notes where indicated, and no
use shall have any of the characteristics prohibited by § 60-422.3. A use marked with an aste
risk (*) is subject to the
approval procedure set forth in § 60-430 and shall conform to any additional requirements made in
connection with such approval. A use marked with a # is
subject to development plan approval procedure set forth in § 60-440.

Permitted Accessory Uses (only in
conjunction with a permitted principal
use)
​**​Where an Office Park Retail Overlay
District has been approved by the Town
Board, any accessory use permitted in the
Office Park Retail Ov
erlay District shall
also be permitted in the underlying Office
Park District.​**

District PERMITTED PRINCIPAL USES

Office
Park
Retail
Overlay
#1. Retail stores and shops, but not including a public garage.
#2. Post office, package cent
er, copy center, and the like, but not personal service.
#3. Financial institutions.
*4. Restaurants, subject to the issuance
of a special permit by the
Planning Board, in accordance with the standards set
forth in § 60-430.
*5. Health clubs and fitness centers, tutoring services, and the like, but not personal service.
*6. Carry-out restaurant, subject to the issuance of a spec
ial permit by the Planning Bo
ard, in accordance with the
standards set forth in § 60-430.
#7. Structurally mounted wireless telecommunication services facility (minor). (See § 60-437.9E.).

#8. Utility structures for the transmission, storage and/or treatment of water and sewage. For aboveground structures,
the minimum setback from all property lines shall be 50 feet. The Planning Board may increase or decrease such
setback requirements on individual properties by up to 50% based upon consideration of topographic conditions, the
nature of adjoining land uses, existing vegetation and other screening. Buffer screening shall be provided in
accordance with § 60-424.2.

1. Signs as required and permitted by § 60-
360.
#
​** ​2.
The growing of fruits and vegetables for
sale. ​**​
3.
Any other accessory use customarily
incidental to a permitted use on the same
lot


​ORIGINAL DOCUMENT: http://www.mynewcastle.org/images/SiteImages/LAtest_News_PDFs/Crossing/DOCS-466641-v3-Local_Law_Chapter_60_Retail_Overlay_Provisions_Revised_5-08-14_doc.pdf​


Comments(10):
We encourage civil, civic discourse. All comments are reviewed before publication to assure that this standard is met.

The town board meeting starts at 8pm. Announcements will be made and The Supervisor and Town Administrator will give their reports. There is always important updates and town news discussed.
In the Community Segment that follows Ben Lieberman will be making a presentation on Distracted Driving. For those not aware and for the many NIMBY that plan on appearing just for the retail zoning at CC segment, Mr. and Mrs. Lieberman ( Chapp residents)  tragically lost their son a few years back in an automobile accident attributed to distracted driving (texting). The Lieberman’s spearheaded a campaign to make people aware of the peril and tragic consequences of distracted driving. They have done an amazing job and have received national attention. Maybe the NIMBYs should attend this too as this will put things in perspective. Compare the tragic and heartbreaking consequences of distracted driving- losing a child- to Whole Foods a few blocks away.
I find it terribly offensive and disrespectful that the editor doesn’t even mention this presentation and hints to her neighbors that they don’t have to get there at 8pm because several items come before the retail at CC discussion. She attaches the agenda but makes no mention of the community segment.
I’ll be there at 8pm.

By A friend on 07/22/2014 at 1:15 pm

What happens now?  How does tonight’s hearing differ from all of the sessions until now?

By What happens at public hearing? on 07/22/2014 at 4:53 pm

Editor Yeres - shame on you! The town board meeting tonight made clear in your headline does indeed include a public hearing on the application for retail and grocer at Chappp Crossing. How many darn hearings are there going to be and how many headlines will you give it. Not very subtly you indicate to the public and especially to your NIMBY comrades that the meeting starts at 8pm but there are other topics on the agenda ( which you linked). In other words- no need to get there at 8 people , the important stuff doesn’t start until later.
Absent in this issue is any mention of the Lieberman presentation preceding the CC application hearing. A Chapp teenager was killed due to distracted driving - something that could happen to any one of our kids. That topic, never before the town board, is infinitely more important than a little traffic at CC. Whole Foods or a gym or a town square or a strip mall pales in comparison to the loss of a child and the lesson we might all learn from the Lieberman tragedy. Yet you don’t even mention his presentation. Worse- you give direction to readers that the real important stuff( the nimby onslaught) will commence well past 8 pm. Once again the nimby motivation and selfishness comes shining thru.

By Resident on 07/22/2014 at 10:05 pm

SG’s survey of residents regarding their CC proposal is flawed. The survey made the assumption that retail was a given and proceeded to ask if respondents were in favor of Whole Foods. That is not the issue, the first question in the survey should have been do you favor retail at CC. Going back to day one, SG made a bad investment, Readers Digest probably knew they were going to vacate and probably knew that they would be filling for Chapter 11 bankruptcy. RD probably pulled a fast one on SG and SG expects the town to bail them out; sorry SG, but that is not the way the real world works. As far as a moratorium is concerned, moratoriums are implemented by towns all the time pending update and adoption of a new master plan. A moratorium should be adopted for all pending projects in the town.

By SG's bad investment on 07/23/2014 at 3:21 pm

SG is like Israel and Nimbys are like Hamas . I make this silly comparison because it is apt.  SG makes concession after concession which are all unreasonably and “religiously” rejected .  Who has asked for a cease fire over there daily? Who has changed designs, made confessions and reduced the scope here?

By It's not fast , its slow on 07/23/2014 at 8:05 pm

While I share the concern of others about distracted driving, it seems quite disingenuous for those like “Resident” and “a friend” who criticize the editor for not leading with the other items on the Town Board addenda and for telling readers when the Board’s consideration of the Chappaqua Crossing resolution was likely to come up at Tuesday’s meeting. 

The reality is that while other agenda items may also be newsworthy, this was an article about the Board’s plan to have a hearing on the SG request to change our town’s zoning laws by adopting their proposed language and there are a number of residents, on all sides of the issue, who wanted to know when the Board would likely reach this item.

Come on.

By Disingenous? on 07/24/2014 at 10:12 am

To Disingenuous - you miss the point. I think the editor made a very deliberate attempt to notify her nimby neighbors that other items were in the agenda BEFORE retail at CC was to be discussed. Her message \ implication was ” no need to arrive at 8pm because the important stuff ( nimby retail at CC) will be later. That insults the Liebermans and ignores entirely the Supervisor report.
As others have said many times- the NIMBYs only care about themselves and their own agenda. The editor plays into their hands with her prompt to arrive later

By Wrong on 07/26/2014 at 11:30 am

@Disingenuous- this was an article about the Boards plan for a hearing on retail/ grocer at CC- I agree with you. But I also agree with others that point out that the editor very clearly pointed out that the TB meeting started at 8pm but the retail at CC portion was not going to commence until other items on the agenda were dealt with. It was a clear signal to those ONLY interested in this topic to arrive later. In effect it was a message to NIMBYs to ignore other town matters and arrive after Luebermans presentation.  It proves that these people are selfish and only care about their own agenda.
Town appointments other town matters and a very important presentation that may save lives are all of no concern to them.

By C'Mon man on 07/26/2014 at 7:43 pm

[3] The minimum floor area occupied by a single use in an Office Park Retail Overlay District shall be [5,000] 1500 square feet, ​[DELETED: ​but in no case shall there be more than four stores each having a floor area under 5000 square feet. ​]​

Editor’s Note:  This is a change to the zoning language (the subject of the continuing public hearing) that has been suggested by the developer.  The zoning language used to contain the “no more than four” and the newest plan suggests there be no limit on the number of smaller stores.

By What the heck is this? on 07/27/2014 at 10:46 am

Since I do not live in the CC area, I’m not a NIMBY. Perhaps a NIMT. CC is wrong for this town because of what it will do to the beautiful landscape of that area, and that it will create a dangerous traffic situation for all of us. There have been teen driving accidents in that area-expect more if CC is overdeveloped right across from a high school and morning commuters to the Sawmill. I would rather drive 5 more minutes in my car to several choices of grocery stores, than see people hurt and the beautiful meridian on Roaring Brook mowed down to create a multi-lane monstrosity! It’s a shame that anyone in this town chooses convenience shopping over nature and safety. My heart goes out to the Liebermans-as a previous post mentioned, there ARE more important things than a grocery store!!

By NIMT on 07/29/2014 at 10:34 am


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