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Muted Reaction to Chappaqua’s Targeted Net Zero Carbon Proposal

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The site of the old Rite Aid at 50 N. Greeley Ave. in Chappaqua. The property would benefit from proposed legislation to allow for a special use permit being considered.

New Castle Planning Board members expressed skepticism last week over a proposed local law that would allow for a new special use permit to be granted for mixed-use buildings using certain green standards.

The North Greely Net Zero Carbon Legislation would apply to two properties in town – 50 N. Greeley Ave. and the parcel to its immediate north on the west side of the street. Its purpose is to encourage mixed-use transit-oriented development on underutilized lots on North Greeley Avenue, long considered a section of the Chappaqua hamlet that is most in need of improvement, and incorporate green building measures in construction, design and maintenance in hopes of achieving a more sustainable community.

Adherence to the green building standards would be optional, but by meeting the proposed legislation’s goals, it would allow the property owner to build a fourth story, among other benefits. Under the current zoning, construction is limited to three stories at those locations.

The legislation was referred by the Town Board to the Planning Board for comments more than a month ago.

Don Feinberg, who owns 50 N. Greeley Ave., and his development team have made presentations to the town during the past six months with preliminary plans for a 45-unit building with ground-floor retail where they hope to include a diner or other type of restaurant. They have pledged the building would have the latest in green construction, which would make it a structure with a net-zero carbon footprint.

While the Planning Board lauded the goals of the legislation and a couple of members have voice support for the concept proposed for 50 N. Greeley Ave., they questioned why the proposal was confined to potentially only two parcels.

“I think the gist of our conversation is we’re not terribly enthused with looking at this zoning for this narrow an application and that we would be more comfortable looking at something that looks at the entire North Greeley area,” said Planning Board Chairman Robert Kirkwood.

There was also uneasiness permitting the would-be applicant to write the proposed zoning. Also, by building a fourth story along with ground-floor retail, parking demand could potentially use up the available space, leaving insufficient room for other property owners on the street to redevelop.

“I don’t think it’s ever a good idea to have a private property interest take a lead in writing zoning,” said board member Thomas Curley. “Writing zoning is sort of a two-party agreement between a Town Board and a town. If you have a third-party interest coming in all of a sudden you have debates and you have interests that I think can make it more difficult for the town to do the right thing in representing everybody in town.”

According to the proposed legislation’s text, eligible parcels must be on the west side of North Greeley and be at least 33,000 square feet. Dwelling units can be no larger than two bedrooms.

Kirkwood remarked that if the legislation passes muster with the Town Board, the zoning should possibly be considered for other areas of town.

Board member Richard Brownell said it was apparent the Town Board wants to make 50 N. Greeley Ave. an attractive site. The old Rite Aid building on the property has sat vacant after the drug store chain left the hamlet more than five years ago.

“I think the Town Board would like to clean up the eyesore that that area is,” Brownell said. “That’s the underlying thing that I think is happening.”

Members stressed the importance of delving into the parking study that the owner and his representatives will present to the town. Available space is tight and poses a challenge to future development on North Greeley Avenue. Feinberg and his development team have will have enough space on site to provide one parking space for each residential unit, but compliance with the retail parking requirements could prove challenging.

“When the parking study comes back, (maybe it will show) that we’re so oversupplied this is a drop in the bucket, it will have no impact for the next 50 years,” said board member Eldad Gothelf. “I’d love a study like that, but realistically that’s not what it’s going to say and it would be nice to see what a parking study actually says.”

The Planning Board will submit its formal comments following its next meeting on Jan. 17. Meanwhile, the Town Board scheduled a joint meeting with the Planning Board to discuss the legislation on Tuesday evening.

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