NEW - Why is the Town Board considering revisions to the FBC legislation before receiving draft responses to the comments from the public and interested agencies on the Town's DGEIS? ...

When completed, those responses will be incorporated into a Final Generic Environmental Impact Statement (“FGEIS”).  Why isn’t the Town Board waiting until the FGEIS is completed?

The Town Board is considering several legislative changes to the Form-Based Code legislation that, in its view, do not need to await its receipt of additional environmental analysis or the completion of the FGEIS. 

For example, changes to application review procedures are not dependent upon the results of the environmental review.  Also, changes that address public comments and result in the reduction of any environmental impacts are also appropriate to discuss at this time.  Discussing those changes now provides residents with additional opportunities to review and understand the proposed legislation and provide comments and feedback to the Town Board. 

The legislative changes being considered by the Town Board arose out of its work session discussions on April 23, 2021 at 9:30 a.m. and April 27, 2021 at 6:00 p.m., as well as its conversations with staff and residents.  Residents will recall the Town Board discussed making a number of specific legislative changes during those work sessions, including –

  • Limiting the height of new buildings in the Form-Based District to 4 stories, with any fourth floor being set back at least 10 feet from lower floors;
  • Enhancing the public notice requirements for new projects;
  • Authorizing the Planning Board, not the Development Department, to review any development that creates a new building lot exceeding 0.5 acres; and
  • Allowing applicants to pursue architectural styles not otherwise permitted under the Form-Based Code, subject to review and approval by the Town’s Architectural Review Board.

The redline version of the draft Form-Based Code legislation that the Town Board reviewed during its July 30, 2021 work session incorporated these and other changes.  The entire document may be accessed here: Chappaqua Forward - FBC

The Town Board has already announced a schedule for its continued environmental review under SEQRA, and further revisions to the Form-Based Code legislation are likely before the Town Board completes this process.  Rest assured that the Town Board will consider all public comments, studies, and information garnered through its SEQRA review, and no final decisions will be made by the Town Board with respect to the proposed Form-Based Code legislation until the SEQRA process is complete.  

Show All Answers

1. NEW - Will completing the SEQRA review for the FBC on the entire study area undermine the Town Board’s ability to limit the FBC to only a small area (the North Greeley corridor)...
2. NEW - Why is the Town Board considering revisions to the FBC legislation before receiving draft responses to the comments from the public and interested agencies on the Town's DGEIS? ...
3. What is a form-based code?
4. What is the purpose of Chappaqua’s comprehensive plan?
5. What is the goal of rezoning the Chappaqua Hamlet?
6. Will the rezoning change the history of Chappaqua?
7. Is the Chappaqua form-based code a construction project?
8. What is GEIS?
9. Didn’t the members of the Downtown Working Group who own commercial properties in the Chappaqua hamlet have conflicts of interest that precluded their participation?
10. Does the Form Based Code allow the entire Chappaqua Hamlet to be 5 stories in height?
11. Why does the DGEIS study a "full build out" or "buildout scenario" of the Chappaqua Hamlet under the Form Based Code?
12. Does the FBC mean development on Town-owned land?
13. If the Town Board determines in the future to sell or lease Town-owned land for a development project, will I have and opportunity to vote on whether that should occur? Will there be a referendum?
14. Has the Town been in contact with other public entities on this proposal (e.g. the school board)?
15. Once the Form Based Code is in place, what are the next steps for the Town to attract interest in potential opportunities for development?
16. Does the Town plan to use eminent domain to buy and consolidate privately owned, small contiguous parcels?
17. How does the public notification of a proposed development project change with the Form Based Code?
18. Why is this the appropriate time to adopt a Form Based Code for Chappaqua?
19. Does Chappaqua have the water and sewer infrastructure to handle future development?
20. What assumptions were the foundation of the Form Based Code?
21. Can the public vote on the Form Based Code?
22. Can the Town conduct a "public opinion poll" or an advisory (non-binding) referendum of the electorate with respect to the proposed Form-Based Code?
23. Do any members of the Town Board have a conflict of interest with respect to the Form Based Code because they own property in the Chappaqua business hamlet?
24. Did the members of the Town’s “Downtown Working Group” write the Form Based Code?
25. What is the “New Direction” announced by the Town Board for the Form Based Code? What does that mean and what happens next?
26. If the Town Board is limiting the Form Based district to North Greeley, why will the FGEIS and SEQRA Findings Statement be completed for the entire study area?
27. Can the Town lawfully regulate the number of bedrooms that would be permitted within new apartment units?
28. The Chappaqua Board of Education has asserted that the Town cannot control whether future developments in the Chappaqua hamlet will be subsidized through PILOT agreements. Is this accurate?