TOWN BD TO VOTE MONDAY ON SUPERMARKET PROPOSAL

The Greenburgh Town Board will be voting on the rezone application Monday at 7:30 PM at Greenburgh Town Hall to allow a supermarket to be built on 119 (near the Sheraton) on the Greenburgh/Tarrytown border. The applicant also expects to develop some commercial/retail properties.
I asked the Commissioner of Planning, Thomas Madden, to provide me with financial details – some of the benefits the unincorporated section of Greenburgh will receive if this application is approved. The analysis can be found below.
A copy of the resolution that the Board will be voting on can also be found below.
Please note that the members of the Town Board will continue to review the application. Modifications in the draft resolution may be made between now and Monday. A final version will be posted on the website before the vote.
Public comments can be made about the application prior to the vote on Monday. E mail comments about the application should be sent to the townboard@greenburghny.com.


________________________________________
From: Thomas Madden
Sent: Wednesday, November 18, 2009 1:03 PM
To: Paul Feiner
Cc: John Lucido; Edye McCarthy; Victor Carosi; Timothy Lewis
Subject: reso

Supervisor Feiner:

As requested, I looked at the mitigation for the impacts of the proposed development by White Hickory on the surrounding area.

Here is a approximation of the cost breakdown for the mitigation that is proposed:

1) Sidewalks for the neighborhood - As identified in the Negative Declaration, White Hickory (or successor) shall install a sidewalk and curbing along Benedict Avenue from the terminus of the existing sidewalk, located on the Westside of Benedict Avenue, to Maple Avenue, as well as, along the east side of Benedict Avenue, from the intersection of Tarrytown Road (Route 119) to Woodfield Terrace and along Old White Plains Road, from Benedict Avenue to Tarrytown Road (Route 119).

This would amount to approximate 2800 linear feet of sidewalks in the neighborhood. I talked to Commissioner Carosi and he noted that for sidewalks and curb, the Town pays approximately $85 a ln/ft. The Developer would be responsible for installing approximately $238,000 worth of sidewalks in the area.

2) Benedict Avenue/ Tarrytown Road Intersection - Revised plans and traffic impact study showing the signalized and stop control portions of the Route 119 and Benedict Avenue intersection. (approximately $1.5 million)

3) White Hickory agrees to make a one hundred thousand ($100,000) 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 on the Property.

4) The upgrade and improvements on the private property, where the existing Stop and Shop is located in the village of Tarrytown would be approximately $500 to $600,000.

I spoke to the Building Inspector, John Lucido, and he figured the project would generate approximately $300,000 in building permit fees and approximately another $25,000 in stormwater permit fees .

I have asked the Town Assessor, Edye McCarthy, to figure out what the yearly taxes would be on the property as well.

If you have any further questions, please let me know.

Thomas Madden, AICP
Commissioner
Department of Community Development
and Conservation

Town of Greenburgh
177 Hillside Ave.
Greenburgh, NY 10607
Phone (914) 993-1505
Fax (914) 993-1518
Email: tmadden@greenburghny.com
Homepage: http://www.greenburghny.com

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RESOLUTION TO AMEND THE ZONING ORDINANCE OF THE TOWN OF GREENBURGH, SECTION § 285-25A (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”) for 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 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 the Planning Board for its report and recommendation as provided for under § 285-64 of the Zoning Ordinance, 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 needed an extension of the review time from the Town Board to thoroughly review 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, White Hickory 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 White Hickory 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 not to recommend approval of 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, recommended that the Town Board not approve the proposed zoning amendment; and

WHEREAS, the four (4) board members recommending against approval of the White Hickory Petition cited that the proposed amendments to the zoning ordinance fail to comprehensively address on a Town-wide basis the national trend of re-thinking uses in office park development; and

WHEREAS, these four (4) board members felt that although the proposed amendment and proposed special permit 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 zoning ordinance 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; and

WHEREAS, the Planning Board recommended that the Comprehensive Plan working group study this issue with the goal of developing Town-wide zoning ordinance changes that set permitting criteria derived from uses as opposed to site specific conditions for one site. The members finally noted that the proposed amendment does not adequately address mixed use sites on a Town-wide basis; and

WHEREAS, the two (2) board members voting to recommend approval of 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 there was concern over the uncertainty regarding the timing of the adoption of the Comprehensive Plan; and

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; and

WHEREAS, the Town Board, on November, 2008 meet with White Hickory and requested that White Hickory 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; and

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 Petition, 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 (the “Existing 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, Village and Town officials have met with White Hickory and White Hickory has offered mitigation for potential competitive 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 & Shop building proposed to be developed on the Property; and

WHEREAS, the Town Board notes that the proposal for a multi sport recreational facility is not made by White Hickory and is not proposed under the 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; and

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

WHEREAS, in connection with its review of the Petition, the Westchester County Planning Board encouraged 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; and

WHEREAS, Westchester County Planning Board 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 District and that the Petition would not conflict with the Town’s work on updating its Comprehensive Plan but rather could serve to enhance that work; and

WHEREAS, White Hickory has demonstrated the need for the zoning ordinance amendment 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 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 Local Law No. ____/2009 be declared void, invalid or unenforceable, for any reason, such decision shall not affect the remaining provisions of Local Law No. _____/2009.

Section 3. Pursuant to New York Municipal Home Rule Law §25 the provisions of Local Law No. _____/2009 are intended to supersede any inconsistent prevision of law.

Section 4. Pursuant to New York Municipal Home Rule Law §27, Local Law No. _____/2009 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 subject to obtaining necessary government approvals, certain improvements to Bridge Plaza be constructed (weather permitting), as follows:
a. Replace/reset curbing;
b. Replace the missing light standard, paint or replace remaining light standards and replace missing lighting fixtures with new lighting fixtures as needed;
c. Replace the existing guardrail with a wood timber guardrail;
d. Replace chain link fencing around the bank property with “estate style” or similar fencing;
e. 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;
h. Paint/repair the storefront building façade; and
i. Repave the parking lot.

2. Commitments by White Hickory and Stop & Shop that:
a. When a lease is signed for a new tenant(s) for the Existing Supermarket space, Stop & Shop will work with the Village on a new storefront for that space and upgrades to the remainder of the storefronts to make them architecturally compatible with the new storefront of the Existing Supermarket space.

3. Stop & Shop will include the Village in its efforts to lease the Existing Supermarket space 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 for a period of eighteen months from date of this approval work in good faith with the Village of Tarrytown to re-lease the store;
b. Stop & Shop shall 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 space;
c. Stop & Shop, with the assistance of the local broker and the Village of Tarrytown, will create a list of uses reasonably acceptable to both parties, and these prospective uses will be the initial focus of the marketing program to replace Stop & Shop as the tenant for the space;
d. Stop & Shop will agree to use commercially reasonable efforts to re-lease up to but not more than 5,700 square feet of gross floor area of the Existing Supermarket to a retail merchant who sells packaged “ethnic” food products and/or prepares such food for off-premises consumption; by way of example and not limitation, similar merchants include Casa Ribiero in the Village, Cojita Market in New Rochelle, New York, and/or Kam Sen Asian Grocery in White Plains, New York. In all events, Stop & Shop shall not be obligated to lease more than 5,700 square feet of gross floor area of the Existing Supermarket for the sale, storage, display and/or preparation of food;
e. Stop & Shop shall waive for a period of one year from the date that the Existing Supermarket closes for business, all of its Peapod delivery fees to any senior citizen who does not own or lease a motor vehicle and lives within four (4) square blocks of the Existing Supermarket; however, this waiver is subject to the limitation that it may be utilized by a senior citizen beneficiary or household only once per week and any additional Peapod delivery during any one week period will be subject to the usual and customary delivery fees.

f. If Stop & Shop assigns the lease of the Existing Supermarket to a different entity, these conditions shall still apply to the new entity. Notwithstanding the foregoing or anything in this Resolution to the contrary, this Agreement shall not bind Tarrytown Shopping Center Limited Liability Company, the owner of the Subject Property and landlord under that certain Lease Agreement made between Tarrytown Shopping Center Limited Liability Company and Stop & Shop dated March 31, 2006, as amended by a certain First Amendment to Lease dated June 1, 2006.

g. Notwithstanding anything in this Resolution to the contrary, the Existing Supermarket space shall be leased for a fair market rental and upon such terms and conditions as are customary in the marketplace for similar leases for similar uses. Notwithstanding anything to the contrary in this Resolution, Stop & Shop and White Hickory shall not have any obligation to subsidize any tenancy, and the term of any lease of any portion of the Existing Supermarket shall be at least ten (10) years.

4. White Hickory will utilize its best effort to cause AvalonBay Communities to provide shuttle service to and from the Project for use by for senior citizens in the Village. The shuttle service would operate on the time schedule set as part of the site plan approval of the Avalon Green II project.

5. White Hickory 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 on the Property.

6. White Hickory agrees to reduce the size of the supermarket by ten percent (10%) from approximately 75,000 square feet to 67,500 square feet.

7. White Hickory shall submit as part of the site plan review of the Project:
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 site plan shall show more detail on parking lot layout (i.e. number of spaces by location) and show locations of proposed shopping cart storage.

8. As identified in the Negative Declaration, White Hickory (or successor) shall install a sidewalk and curbing along Benedict Avenue from the terminus of the existing sidewalk, located on the Westside of Benedict Avenue, to Maple Avenue, as well as, along the east side of Benedict Avenue, from the intersection of Tarrytown Road (Route 119) to Woodfield Terrace and along Old White Plains Road, from Benedict Avenue to Tarrytown Road (Route 119).

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