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(Whereupon, at this time the roll call was taken.)
(Whereupon, at this time the Pledge of Allegiance
was led by Supervisor Feiner.)
(Whereupon, at this time there was a presentation
of Daniel Marshall, and a recognition of Amanda Tamas.)
SUPERVISOR FEINER: We're going to go to the first
public hearing. The first public hearing is to consider
Local Law amending Section 285-25 of the Zoning Ordinance
entitled "OB Office Building District", as it relates to
fully enclosed commercial recreation uses in the Town of
Greenburgh.
I move we open the hearing.
COUNCILWOMAN JUETTNER: Second.
SUPERVISOR FEINER: All in favor?
COUNCILMAN JONES: Aye.
COUNCILWOMAN JUETTNER: Aye.
COUNCILMAN MORGAN: Aye.
COUNCILMAN SHEEHAN: Aye.
MR. LEWIS: Well, You just have to formally
introduce that local law.
SUPERVISOR FEINER: I'd like to formally introduce
that Local Law.
COUNCILWOMAN JUETTNER: Second.
SUPERVISOR FEINER: All in favor?
COUNCILMAN JONES: Aye.
COUNCILWOMAN JUETTNER: Aye.
COUNCILMAN MORGAN: Aye.
COUNCILMAN SHEEHAN: Aye.
MR. DUQUESNE: Good morning, Supervisor Feiner, and
Members of the Town Board.
For the record, Garrett Duquesne, Commissioner of
the Department of Community Development and Conservation.
As this zoning text amendment was a subject of a
petition submitted by White Hickory Associates. They're
represented by Mr. Mark Weingarten. So, what I would like
to do process wise is turn it over to Mr. Weingarten for
presentation. And I'll be here later to walk you through
the Planning Board recommendation, and answer any questions
you may have.
Thank you.
MR. WEINGARTEN: Thank you, Commissioner.
Good evening, Mr. Supervisor, and Members of the
Board.
My name is Mark Weingarten. I'm a partner in the
law firm of DelBello, Donnellan, Weingarten, Wise &
Wiederkehr. And it's my pleasure to be here this evening
representing White Hickory Associates, LLC, in connection
with its petition to amend the Greenburgh Zoning Code
Section 285-64, pursuant to New York Town Laws Sections 264
and 265. I'm joined by my associate, Annie Klein.
In brief, the petition that we have before you
relates to the property owned by White Hickory, which is 600
White Plains Road. It is on the south side of White Plains
Road, also known as Route 119, near the intersection of
Benedict Avenue. That property is actually a commercial
condominium. It has two units. Made up of two units. One
is the Sheraton Hotel; a project that we worked very hard
with you some years ago to create. Over in that Office
Park, the Tarrytown Corporate Center, together with Unit
Two, which also was the subject of a project not too
recently with this Board, where it was built a Stop and Shop
Supermarket, approximately 53,000 square feet, and an
additional 26,000 square feet.
The project that we are talking about -- Again,
this is a petition that will impact all of the OB
properties, and we'll mention that in a moment -- is for an
Orange Theory Fitness Facility. It is a group personal
training workout facility. You go for a class. They have
60-minute workouts. It's a small studio. It's only 3500
square feet. If you are in the shopping center, looking at
the Stop and Shop, it's a small empty space to the left of
the supermarket; a vacant space, which we've been trying to
tenant. And we're very excited about this tenant. It's a
great amenity for that particular center.
The use for Orange Theory would be classified as a
fully enclosed recreational facility. It would be
principally permitted in the LI Zone. It would specially
permitted in the IB, VS or the CA zone contained in your
codes.
Our proposal would amend the OB Zone in Section
285-25 (A) (1), to add fully enclosed recreational
facilities as a principle use for all facilities less than
5,000 square feet. In other words, small facilities. And
in 285-25 (A), a special permit use, which would have
additional conditions if it was greater than 5,000 square
feet.
The rationale that supports these changes are for
the entire district; not just for our particular property.
We believe that this change is consistent with your 2016
Comprehensive Plan. We also believe it is consistent with
the action items which were discussed at the Town Board and
Planning Board work session on November 29 of 2017. We
believe it protects your commercial tax base. It creates
amenities for the surrounding existing office tenants. It
enhances the appropriate mix of uses, and creates employment
opportunities.
In other words, as we've had this discussion in the
past, we know that our commercial base frankly is having
some issues in the office world. We tried to fill those
commercial uses with other things that might not have been
considered ten or 15 or 20 years ago. But people now want
to live differently, and they want their office parks to
have amenities. And clearly, a fitness facility is
something that fits in very well with the hotel and the
surrounding office in both our particular facilities, as
well as the other OB.
On June 20th, just a week ago, there was an
excellent report of the Planning Board, which analyzed all
the properties in the OB, and indicated why this would be a
use which would not only should work for our particular
site, but for all of the OB properties. And also went
through where it would be appropriate and would be likely to
potentially be utilized and where it would not. The
Planning Board also on that date issued unanimously a
positive recommendation supporting our petition.
So, that is in a nutshell where we are with this.
And we would urge you to consider the adoption of these
changes.
Thank you.
COUNCILMAN SHEEHAN: In your opinion, what parking
standards would be involved in the less than 5,000 square
feet?
MR. WEINGARTEN: We believe that the retail
parking -- that the retail parking that's provided there is
sufficient for the health club. Particularly, when you are
talking in the OB zone, where you again have less than 5,000
square feet. But these are large commercial office parks,
essentially, where the OB zone goes. You're going to have a
lot of shared parking, because the peaks are different. You
know health clubs, and these kinds of facilities; enclosed
recreational uses are typically used more at nights and on
the weekends when you have tremendous amount of parking
that's empty frankly in the office parks. So, we think it's
more than enough to utilize as we are with our particular
site; the existing number for the retail.
COUNCILMAN SHEEHAN: What would stop a series of
below 5,000 square feet for being one right next to another,
one next to another, one next to another one, and basically
never make it to the Planning Board. What would be the
distinguishing characteristics? Different owners or
different renters?
MR. WEINGARTEN: Well, they would still make it to
the Planning Board if there was a site plan approval with
it. What you're saying is whether or not it would be a
special condition.
I would say a couple of things. First of all, I'm
not so sure that would be a bad thing. I actually have a
project in White Plains, which is getting off the ground
that's fully approved. That's a life-style center that does
have retail. And one of the things they are looking to do
is to take these smaller studios and put them near each
other. So that, if you want to cycle, there is a cycling
place. And if you want to go for yoga, there is a yoga
place. And have all of those things together. And then
where they don't have to have their own, for example, juice
bar, or you have separate retail facilities. And these are
the types of created uses that are coming out here. So
again, our commercial base is out there and supporting our
school and our taxes, and you know, etcetera that we're
doing.
In the meantime as well, as I mentioned, if there
is a site plan, it would go in front of that board. And I
also don't know just -- I think the market would also
control just how many of these could be near each other and
function and have another enough customers to work.
SUPERVISOR FEINER: There was a very interesting
article in today's Wall Street Journal about the new look of
office parks. And basically, you know, with driverless cars
and technology, we don't really -- we're not going to really
need ten years from now or 20 years from now all these large
parking areas. And I think a lot of developers and owners
of these office parks want to reorganize the parks and make
it more of a village with housing, commercial, retail,
entertainment. You know, supermarkets. Something that
will, you know, really create more of a community. And I
that think this application really moves us in that
direction.
MR. WEINGARTEN: Slowly. I will tell you --
SUPERVISOR FEINER: But we really have to do
something because otherwise these office parks are just
going to be vacant.
MR. WEINGARTEN: I agree. And I can tell you that
has happened all throughout this region. Particularly to
give you examples, all along 287 were very involved. You
see places like Lifetime Fitness, which is a huge facility
for this is in an office park in Harrison where they're now
creating a Wegman Supermarket, like you put your Stop and
Shop.
So, people want to work in a place. They want to
be able to shop very close by. They want to be able to have
these amenities that are available. They don't want to just
drive to a place, park their car, and be isolated from
everything else. And that is what's selling now to the
tenants. And these mixed used areas are working, and this
is just another example of it.
COUNCILMAN SHEEHAN: I'm still struggling with --
so in your opinion, there could be a whole series of these.
But it would be no additional parking requirement. It would
be based on whatever parking requirements was for the entire
center.
MR. WEINGARTEN: Correct. So, you'd still be
getting -- You still have a fairly significant -- I believe
Greenburgh has -- I haven't looked at it recently -- three
to one; three per every thousand for the office. And I
believe for the retail it's five to one. So, you still --
For this it would be the retail parking. My memory is, if
I'm correct, this would be five --
MR. DUQUESNE: Five per thousand.
MR. WEINGARTEN: Five per thousand, which is the
same as retail. And your health club is 5.3. Is that a
stand alone facility here?
MR. DUQUESNE: Five per thousand.
MR. WEINGARTEN: It's the same. So, there is no
difference in the parking under your's. I'm confusing it
with White Plains that has a slightly higher for the health
clubs as a stand alone facility.
Again here, I particularly think it would be
something that you would come in and ask for potentially
even a variance if you didn't have the appropriate parking.
The shared parking here between an office park and a
healthcare is something that I believe strongly should -- It
works.
COUNCILMAN SHEEHAN: So, I think you're saying
something different than what I interpreted you saying
earlier. You were saying there would be no additional
parking requirements for this recreational facility. It
would be based on whatever was existing for the park.
MR. WEINGARTEN: No. I apologize if you took that.
I was saying that we're utilizing the same parking as would
be there if it was any other kind of retail. Correct?
MR. DUQUESNE: Yes. If I could?
When I think about that question, I think that
question translates well if you think of it in the context
of the CA District, and you think about a -- let's say a
commercial strip plaza, and you had a series of let's say
5,000 square foot or less than 5,000 square foot in a fully
enclosed private recreational uses. I actually think that a
scenario such as that, the result would be you would free up
parking spaces. So, if I think of let's say a space that's
10,000 square feet that could facilitate four different
uses. If you had a yoga studio alongside a Taekwondo
establishment, alongside something like Orange Theory
Fitness, or something of that nature, I think actually that
parking lot would have a lot less utilization than the
standard mix of restaurant, retail, you know, a bit of
office.
In the OB District, there happens to not be a great
amount of straight commercial. That use is allowed by
special permit only. And the only site in the OB District
of that nature is indeed the Stop and Shop site, which is
the desired location for the Orange Theory Fitness.
The analysis that the Planning Board ran through
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