STOP & SHOP REZONE TO BE VOTED ON NEXT WEEK-- DRAFT RESOLUTION AND CONDITIONS

THE GREENBURGH TOWN BOARD MAY VOTE ON A REZONING APPLICATION TO ALLOW FOR STOP & SHOP TO BUILD A SUPERMARKET ON 119 –(NEAR THE SHERATON HOTEL) AT OUR NEXT TOWN BOARD MEETING—WEDNESDAY, EVENING OCTOBER 28TH.
THE FOLLOWING IS A DRAFT OF THE RESOLUTION –AND IS SUBJECT TO CHANGE. PLEASE TAKE A LOOK AT THE CONDITIONS THAT WE ARE GOING TO IMPOSE. THE VILLAGE OF TARRYTOWN HAD EXPRESSED CONCERN ABOUT THE FUTURE OF THE BRIDGE PLAZA. THESE CONCERNS ARE BEING ADDRESSED. WE WERE ABLE TO PERSUADE THE APPLICANT TO ALLOW FOR A FOOD STORE TO REPLACE THE STOP & SHOP. UPGRADES WILL BE MADE AT THE EXISTING BRIDGE PLAZA. SHUTTLE SERVICE TO THE SUPERMARKET WILL BE OFFERED TO SENIORS. $100,000 WILL BE DONATED TO THE TOWN’S RECREATION FUND. SENIORS WILL RECEIVE FREE PEAPOD SERVICE FROM STOP & SHOP FOR ONE YEAR IF THEY LIVE WITHIN 4 BLOCKS OF THE SUPERMARKET.
IF THE TOWN BOARD VOTES TO REZONE THE PROPERTY AN APPLICATION TO BUILD THE SUPERMARKET WILL THEN HAVE TO BE REVIEWED BY THE PLANNING BOARD. ADDITIONAL CONDITIONS MAY BE IMPOSED ON THE APPLICANT AFTER PUBLIC DISCUSSION, HEARINGS ARE HELD. THE VOTE NEXT WEEK IS ONLY STEP ONE. THE FOLLOWING RESOLUTION IS ONLY A DRAFT AND MAY BE MODIFIED BEFORE THE VOTE.
PAUL FEINER
GREENBURGH TOWN SUPERVISOR

RESOLUTION TO AMEND THE ZONING ORDINANCE OF THE TOWN OF GREENBURGH, SECTION § 285-25(A)(4), BY NEW YORK MUNICIPAL HOME RULE LAW, SECTION 10, AND NEW YORK TOWN LAW, SECTION 271, FOR THE PETITION OF WHITE HICKORY ASSOCIATES, LLC, INVOLVING PROPERTY AT 600 WHITE PLAINS ROAD, FOR AN AMENDMENT TO THE TOWN’S ZONING ORDINANCE IN CONNECTION WITH MAKING “FULLY ENCLOSED STORES FOR RETAIL SALE OF CONSUMER MERCHANDISE, BANKS AND FULLY ENCLOSED RESTAURANT USE” A SPECIAL PERMIT USE SUBJECT TO TOWN BOARD JURISDICTION IN THE OB OFFICE BUILDING DISTRICT

WHEREAS, On June 22, 1983, the Town Board granted site plan approval (“Large Scale Development Plan Approval”) on the property located at 600 White Plains Road for the development of two office buildings containing a total of 334,000 square feet; and

WHEREAS, the site plan approval for the original plan has been amended six times (April 11, 1984, September 25, 1984, September 24, 1986, October 12, 1988, November 9, 1994 and September 27, 2000) since June 1983, the most recent amendment granting approvals to permit development of the Sheraton Hotel and a single office building containing approximately 224,000 square feet; and

WHEREAS, on November 29, 2007, the Town Board received a petition (the “Petition”) from DelBello Donnellan Weingarten Wise & Wiederkehr, LLP on behalf of White Hickory Associates, LLC (“White Hickory”) for amendments to Section 285-25(A)(4) of the Zoning Ordinance of the Town of Greenburgh making “fully enclosed stores for the retail sale of consumer merchandise, banks and fully enclosed restaurant use” a special permit use subject to the jurisdiction of the Town Board in the OB Office Building District of the Town (the “OB District”); and

WHEREAS, if the Petition is granted and the requested amendments are adopted by the Town Board, White Hickory intends to construct an approximately 75,000 square foot supermarket, approximately 50,000 square feet of office space, approximately 15,000 square feet of general retail uses, and approximately 8,600 square feet of other free-standing commercial space, which would most likely be used as a bank and/or restaurant space (the “Project”), on the property located at 600 White Plains Road, which property is also known and designated on the tax assessment map of the Town as Sheet 54, Section 25, Lot P-329 (the “Property”); and

WHEREAS, the Petition contains a full Environmental Assessment Form together with a Part 3 narrative supplement (the “EAF”) prepared by Saccardi & Schiff, and dated November, 2007; and

WHEREAS, at its regularly scheduled work session on January 29, 2008, the Town Board reviewed the Petition and the EAF, and discussed the Petition and the proposed Project with White Hickory Associates and its attorneys; and

WHEREAS, pursuant to Section 617.6(a)(1) of the regulations of the State Environmental Quality Review Act (“SEQRA”), as soon as an agency receives an application for funding or approval of an action, it must, among other things, make a preliminary classification of the action under SEQRA; and

WHEREAS, under SEQRA, the actions directly and indirectly proposed by the Petition are classified as “Type I”; and

WHEREAS, pursuant to Section 617.6(b)(3) of the SEQRA regulations, when an agency proposes to fund or approve an Type I action, it must, as soon as possible, transmit Part 1 of the EAF and a copy of any application it has received to all potentially involved agencies and notify them that a Lead Agency must be agreed upon within 30 calendar days of the date the EAF and application is transmitted to them; and

WHEREAS, Section 285-64 of the Zoning Ordinance requires that the Town Board refer proposed amendments to the Planning Board for a report and recommendation before a public hearing is held on the amendments by the Town Board;

WHEREAS, on May 14, 2008, the Town Board referred the petition to amend § 285-25(A)(4) to the Planning Board for its report and recommendation as provided for under § 285-64, which requires the Planning Board to make inquiry and determination concerning the following items:
(a) whether such change is consistent with the aims and principles embodied in the chapter as to the particular districts concerned;
(b) which areas, land uses, buildings and establishments in the Town will be directly affected by such change and in what way they will be affected;
(c) the indirect implications of such change in its effect on other regulations; and
(d) whether such proposed amendment is consistent with the aims of the official planning policies of the Town of Greenburgh; and

WHEREAS, the Planning Board held a meeting on May 21, 2008 and determined that the Planning Board would needed a extension of the review time from the Town Board, in order to look at issues arising from the proposed zoning amendment and subsequent site plan, in order that a Planning Board report and recommendation could be filed with the Town Board by September 18, 2008; and

WHEREAS, on June 14, 2008, the Planning Board, accompanied by the Town staff, the applicant and local residents, made a site visit to 600 Tarrytown Road; and

WHEREAS, on July 16, 2008, the Planning Board, at its regularly scheduled work session, and at a scheduled public discussion on August 6, 2008, heard a presentation from the applicant on its petition; and

WHEREAS, on September 3, 2008, the Planning Board, at its regularly scheduled work session reviewed and discussed the White Hickory petition; and

WHEREAS, on September 3, 2008, the Planning Board made a recommendation to the Town Board in accordance with the requirements of Section 285-64 of the Zoning Ordinance. The Planning Board with four (4) board members voting against the White Hickory petition, two (2) board members in favor of granting the petition, and one (1) board member in a favor of not sending a recommendation for or against the petition, recommends that the Town Board not approve the zoning text amendment at this time;

WHEREAS, the four (4) board members voting against the White Hickory petition cited that the proposed amendments to the Town of Greenburgh zoning code fail to comprehensively determine how the national trend of re-thinking uses in office park development should be applied in the Town of Greenburgh.

WHEREAS, these four (4) board members felt the proposed amendment and other proposed criteria perfectly fit the 600 White Plains Road site, setting criteria specifically for one site at a time would result in the need to change the code and permitting criteria each time a similar type of use is proposed at a different site in the Town. The members noted that the proposed language would effectively limit utilization of the amendment to a single lot in the OB District.

WHEREAS, the Planning Board recommends that the Comprehensive Master Plan process study this subject to develop Town-wide code changes that set permitting criteria deriving from uses as opposed to the current zone text change proposal which sets permitting criteria for one site. The members finally noted that the proposed text amendment does not adequately address mixed use site on a Town-wide basis.

WHEREAS, the two (2) board members voting for the White Hickory petition cited that the Town of Greenburgh has not enacted a moratorium as a result of the Comprehensive Plan process and that was concern over the uncertainty regarding the timing of the adoption of the Comprehensive Plan.

WHEREAS, these two (2) board members noted that the project works well with the site conditions and the project would not conflict with the Comprehensive Plan.

WHEREAS, the Town Board, on November , 2008 met with the applicant and requested that the applicant address the issues raised in the Planning Board recommendation; and

WHEREAS, the Town Board, on April 13, 2009, received a revised Part 3 Environmental Assessment Form that included additional analysis of the impacts from the proposed action, including land use and zoning, community character, natural resources, utilities, traffic, community facilities and economic development and construction; alternatives, significant adverse impacts that cannot be avoided, growth inducement, effects on energy and commitment to resources; and

WHEREAS, the Town Board has reviewed revised Part 3 Environmental Assessment Form, dated April 13, 2009; and

WHEREAS, the Town Board, on May 13, 2009, pursuant to legal notice, held a public hearing to consider the amendment to the Zoning Map of the Town of Greenburgh affecting “the Property”;

WHEREAS, on May 13, 2009, the Town Board continued the public hearing to its next regularly scheduled meeting on June 24, 2009; and

WHEREAS, on June 24, 2009, the Town Board continued the public hearing to its next regularly scheduled meeting on August 4, 2009; and

WHEREAS, on August 4, 2009, the Town Board continued and then closed the public hearing and left the record open until September 3, 2009; and

WHEREAS, during the course of the public hearing on the Petitioner's proposed amendments to the regulations of the "OB" Office Building District, Village of Tarrytown (Village) officials communicated a number of concerns both orally and in writing, most particularly regarding the impact of the proposal on the existing Bridge Plaza Shopping Center, which contains a Stop & Shop Supermarket and is located in the Village; and

WHEREAS, Village officials are concerned about the impact closing of the Existing Supermarket might have on nearby residents, as well as potential competitive impact that a replacement establishment might have on existing downtown merchants; and

WHEREAS, the Village of Tarrytown and the Town of Greenburgh officials have met with the applicant and the applicant has offered mitigation for this impact; and

WHEREAS, the Town Board received a proposal for a multi sport recreational facility to be located on the top of the proposed Super Stop and Shop building; and

WHEREAS, the Town Board notes that the proposal for a multi sport recreational facility is not part of the applicant petition; and

WHEREAS, the proposed Project is consistent with several official policies of the Town of Greenburgh, as established in Section 285-2 of the Town Code. In general, the policies promote smart growth type development that preserves open space, efficiently uses existing infrastructure and is compatible with surrounding uses; and

WHEREAS, Westchester County Comprehensive Plan “Patterns for Westchester – The Land and The People” encourages local municipalities to channel development whenever possible to centers where infrastructure can support growth, where public transportation can be provided efficiently and where redevelopment can enhance economic vitality and to enhance the appropriate functions of the county’s corridors by adapting already developed sections into efficient and attractive multi-use places, by protecting the quality of scenic routes and by making road and transit improvements that will reduce congestion and ease movement on travel routes.

WHEREAS, the 2003 Comprehensive Plan identifies the Property and does not give any recommendation regarding the Town’s existing OB zoning designation for the Property; and

WHEREAS, Westchester County encourages the Town of Greenburgh to entertain concepts for improving the quality and vitality of commercial corridors and to better utilize land within developed office parks in its review of the proposed Petition and Project; and

WHEREAS, Westchester County review of the environmental assessment form concludes that the proposed amendment would have very limited applicability within the sections of Greenburgh that are classified (OB) Office Business and that proposal would not conflict with the Town's work on updating its comprehensive plan but rather could serve to enhance that work.

WHEREAS, the Petitioner has demonstrated the need for the zone change and through the revisions to the project which have evolved during the review process, has minimized the potential impacts on surrounding neighboring properties; and

WHEREAS, the Town Board has conducted an independent review and analysis of the entire record as well as the potential environmental effects from the proposed Project and finds that by changing the Town of Greenburgh Zoning Ordinance to allow the use is the first step in achieving mixed use development along transportation corridors in the Town and will promote harmonious growth in the Town; and

NOW, THEREFORE, BE IT RESOLVED by the Town Board of the Town of Greenburgh
as follows:

Section 1. Local Law No. _____/2009 amending Section 285-25A(4) of the Zoning Ordinance of the Town of Greenburgh making “fully enclosed stores for the retail sale of consumer merchandise, banks and fully enclosed restaurant use” a special permit use subject to the jurisdiction of the Town Board in the OB Office Building Zoning District is hereby enacted.

Section 2. Should any section, paragraph, sentence, clause, word, or provision of this chapter be declared void, invalid or unenforceable, for any reason, such decision shall not affect the remaining provisions of this chapter.

Section 3. Pursuant to New York Municipal Home Rule Law §25 the provisions of this chapter
are intended to supersede any inconsistent prevision of law.

Section 4. Pursuant to New York Municipal Home Rule Law §27, this local law shall take effect
immediately upon filing with the New York Secretary of State.

BE IT FURTHER RESOLVED, that this approval is subject to the following conditions:

1. A requirement that certain improvements to Bridge Plaza be constructed (weather permitting )or a process to obtaining approvals, as follows:
a. Replace/reset curbing;
b. Replace the missing light standard, paint all light standards and replace the lighting fixtures with new lighting fixtures;
c. Replace the existing guardrail with a wood timber guardrail;
d. Construct estate style or similar fencing;
e. Construct a new sidewalk along the ban1e property line using scored concrete or decorative pavers. Stripe a crosswalk on the paving to connect the new sidewalk with the storefront sidewalk;
f. Buffer the bottle return area from the store entrance with landscaping;
g. Replace dead landscaping and supplement existing landscaping; and
h. Paint/repair the storefront building facade.

2. Commitments by Petitioner and Stop & Shop that:
a. When a lease is signed for a new tenant(s) for the current Stop & Shop space at Bridge Plaza (Stop &Shop Space), Stop & Shop will work with the Village on a new storefront for the Stop & Shop space and upgrades to the remainder of the storefronts to make them architecturally compatible with the new Stop & Shop storefront.

3. Stop & Shop will include the Village in its efforts to lease the premises vacated by Stop & Shop to minimize the adverse impact a new tenant may have on existing businesses in the Village downtown by taking the following steps:
a. Stop & Shop shall work in good faith with the Village of Tarrytown to re-lease the store for a period of eighteen months from date of this approval;
b. Retain a local broker with retail leasing experience who is reasonably acceptable to the Village to assist it and its brokers with efforts to re-lease the Stop &Shop Space;
c. Stop & Shop, with the assistance of the local broker and the Village of Tarrytown, will create a list of uses and/or tenants reasonably acceptable to both parties, and these prospective uses/tenants will be the initial focus of the marketing program to replace Stop & Shop as the tenant for the store;
d. Stop & Shop will agree that the list of reasonably acceptable uses/tenants may include a ethnic food store that devotes up to but not more than five thousand seven hundred (5,700) square feet of retail floor area for the sale, display and storage of ethnic food speciality items for off-premises consumption;
e. Stop & Shop will waive its Peapod delivery fee for senior citizens not owning a motor vehicle living within four (4) square blocks of the existing Supermarket on the date that it vacates the Tarrytown store. The fee will be waived not more than one (1) time per week for a period of twelve (12) months.
f. If Stop & Shop assigns the lease to a different entity, these conditions shall still apply to the new entity.

4. The Petitioner agrees to donate to the Town of Greenburgh the air rights over the proposed Super Stop & Shop for the construction of an indoor recreation facility, provided however, that:
a. There is no additional cost or expense to be incurred by Petitioner for any building or structural elements or systems necessary for the construction and operation of the facility;
b. The site plan review plan approval process for the facility be separate and distinct from the process for review and approval of Petitioner's proposal; and
c. Site plan approval and sufficient, committed and available financing for the construction of the facility be obtained by the Town not later than the issuance of final site plan approval of the Petitioner's proposal.

5. The Petitioner will utilize its best effort to provide the Avalon shuttle service to and from the proposed retail shopping center site for use by for senior citizens in the Village of Tarrytown. The shuttle service would follow the time schedule for the shuttle service that is part of the approval conditioning of the Avalon Bay project by AvalonBay Communities, Inc and the Robert Martin Development Company, LLC. (Robert Martin Development Company, LLC is a partner in White Hickory Associates, LLC).

6. The Petitioner agrees to make a one hundred thousand ($100,000.00) dollar donation to the Town's recreation fund to be used for any recreational use within the Town upon receipt of a permanent Certificate of Occupancy for the Super Stop & Shop.

7. The Petitioner shall submit as part of the site plan review
a. Revised plans and traffic impact study showing the signalized and stop control portions of the Route 119 and Benedict Avenue intersection.
b. A summary of the proposed signal timing changes for the Route 119 and Benedict Avenue intersection. Any signal timing changes along Route 119 will need to be coordinated with the NYSDOT for their approval. The Applicant should get a letter from the NYSDOT indicating that the proposed changes are reasonable and feasible.
c. The site plan shall incorporate elements to accommodate pedestrian and transit access and circulation as appropriate.
d. The Applicant should show more detail on parking lot layout (i.e. number of spaces by location) and show locations of proposed shopping cart storage.