stefanie a. bashar ansa | assuncao

From: Bashar, Stefanie [mailto:[email protected]] Sent: Thursday, March 25, 2021 4:46 PM To: TownBoard <[email protected]>; PublicComment <[email protected]> Cc: Christina Papes <[email protected]>; McLaughlin, Stephen P. <[email protected]> Subject: Chappaqua Hamlet Form Based Code; Comments to Draft Generic Environmental Impact Statement Please see the attached letter. Stefanie A. Bashar ANSA | ASSUNCAO LLP 707 Westchester Avenue, Suite 309 White Plains, New York 10604 914.298.2271 T 914.298.2270 F 914.419.9238 C [email protected] www.ansalaw.com

707 Westchester Avenue, Suite 309 White Plains, New York 10604 T: (914) 298-2260 F: (914) 298-2270 www.ansalaw.com Direct Dial: (914) 298-2267 [email protected]

FLORIDA MARYLAND NEW JERSEY NEW YORK PENNSYLVANIA OHIO

March 25, 2021

VIA E-MAIL Members of the Town Board Town of New Castle 200 South Greeley Avenue Chappaqua, New York 10514 [email protected] [email protected]

Re: Chappaqua Hamlet Form Based Code

Comments to Draft Generic Environmental Impact Statement

Dear Town Board:

This firm represents a Town of New Castle resident in connection with the referenced matter. We write regarding the Draft Generic Environmental Impact Statement accepted by the Town of New Castle Town Board (the “Town Board”) on September 25, 2020 (the “DGEIS”), which seeks to implement a Form Based Code for the Town of New Castle (the “Town”). The DGEIS and the Form Based Code were improperly influenced by Downtown Working Group members who failed to disclose their conflicts of interest as required by the Town’s Ethics Code.

Town Code § 9-5A requires “every Town officer and employee [to] disclose the nature of his or her interest that is known or should be known to him or her . . . in any matter coming before the Town of New Castle or any officer, administrative board, commission or other agency of the Town.” The disclosure is required to be made “when the Town officer or employee first acquires knowledge of the interest requiring disclosure.” Town Code § 9-5C. The disclosure “shall be made in writing to the Town Clerk and to the Town officer or employee, administrative board, commission or other agency having the power or duty to act in relation to the matter in which the Town officer or employee or family member has the interest.” Id. The Town Clerk is required to present the disclosure at the next scheduled meeting of the Town Board and summarize the substance of the disclosure on the record. Id.

Town Code § 9-2 defines: (1) “interest” as a “direct or indirect monetary, financial or material benefit”; (2) “officer” as “[a] person serving as a paid or unpaid official of the Town of

Members of the Town Board March 25, 2021

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New Castle, including, but not limited to, elected officers, members of the Town’s governing board, any of its administrative boards (e.g., Planning Board, Zoning Board of Appeals), commissions, committees, agencies, department heads and others who serve in a similar capacity”; and (3) “Town officer or employee” as “[a]n officer, employee or member of any board, committee, commission, agency or department” of the Town.

The Downtown Working Group is a committee of the Town. As such, its members are “Town officers” who are required to disclose conflicts of interest in accordance with Town Code § 9-5. The Town has advised us that it does not have any disclosures of interest from the Downtown Working Group’s members. (See Freedom of Information Law request dated November 13, 2020, at Request No. 8 and letter dated December 16, 2020 from Christina Papes (without attachments) at Response to Request No. 8, attached hereto as Exhibits A and B respectively.)

Three members of the Downtown Working Group have potential conflicts of interest, which are required to be disclosed pursuant to Town Code § 9-5. The first member is a developer who was in the process of developing a property within the hamlet when the Downtown Working Group was meeting to advise on the drafting of the Form Based Code. During at least one meeting, his property was discussed, thus putting the Town on notice of such conflicts. He also acquired another property within the DGEIS study area in May/June of 2020, just months following his involvement in Downtown Working Group meetings and prior to the release of the DGEIS and draft Form Based Code to the public. At the time, the Downtown Working Group had not (and still has not) been disbanded by the Town Board. The second member is another developer who owns property in the hamlet. The third member is a local architect who has done work for one of the developers.

The Town seemingly recognized this issue in the “Form Based Code FAQ’s” on its website (https://www.mynewcastle.org/FAQ.aspx?TID=35). FAQ No. 7 states: “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?” The Town’s answer incorrectly states that: “Residents who serve on advisory boards like the Downtown Working Group do not fall within the definition of Town ‘officers’ or ‘employees’ set forth in the Town’s Ethics Code. See Town Code § 9-2. The provisions of the Town Ethics Code are inapplicable to residents who volunteer their time to serve on such advisory boards.” Town Code § 9-2 explicitly includes unpaid committee members in the definition of “Town officer” who are required to comply with the disclosure requirements in Town Code § 9-5.

The Town has previously acknowledged that volunteer committee members are “Town officers” who are required to comply with Town Code § 9-5. For example, on December 2, 2020, the Deputy Town Clerk e-mailed the Town Ethics Code and Town Employee/Officer Disclosure Statement to volunteer committee members and informed them that they were required sign and file it with the Town. (See e-mail dated December 2, 2020 from Lauren Cascone annexed hereto as Exhibit C.)

Members of the Town Board March 25, 2021

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The Town also incorrectly states that the Downtown Working Group did not “write” the

Form Based Code in answering FAQ No. 5. The Downtown Working Group was integral to the drafting of the Form Based Code and influenced its development. For example, the Town’s website states: “The Downtown Working Group was formed by the Town Board . . . to work with the Consultant Team to produce the draft legislation.” (See screenshot attached hereto as Exhibit D; https://www.mynewcastle.org/522/Downtown-Working-Group.) The Downtown Working Group’s meeting agenda for November 13, 2019 states that the meeting goal is “[t]o review the first draft of the Form Based Code.” (See agenda dated November 13, 2020 attached hereto as Exhibit E.) This is why the Town’s Ethics Code and conflict disclosures are so important with respect to composition of this group.

The Town has its Ethics Code to enable the Town Board to evaluate conflicts of interest. The Downtown Working Group’s members’ failure to disclose conflicts of interest prevented the Town Board from considering them. Since these members were the only residents permitted to serve on the Downtown Working Group, there was no representation from any other interested group (e.g., the school board, hamlet residents and small business owners who lease property in the hamlet). As a result, the drafting process and the resulting Form Based Code were tainted.

We respectfully request that the Town Board require the three Downtown Working Group members to submit Town Employee/Officer Disclosure Statements. The Town Board should then undertake the review required by Town Code § 9-5 to determine whether their participation on the DGEIS and the Form Based Code was appropriate.

Thank you for your consideration.

Very truly yours,

Stephen P. McLaughlin

Attachments

PENNSYLVANIA NEW JERSEY NEW YORK FLORIDA MARYLAND OHIO (A Pennsylvania Limited Liability Partnership)

EXHIBIT A

Exhibit A to Application for Public Access to Records 1. All documents relating to the formation of the Chappaqua Hamlet Form Based Zoning

Downtown Working Group (the “Group”), including, but not limited to, any Town Board minutes establishing the Group and documents reflecting the Group’s purposes, powers and duties.

2. All documents relating to the operation of the Group, including, but not limited to, by-laws, rules and regulations.

3. All documents relating to the consideration and appointment of members of the Group, including, but not limited to, applications by potential members, correspondence with and among the Town regarding potential members and Town Board minutes reflecting the consideration and appointment of members.

4. All sign-in, attendance, roll-call and/or participation sheets for the Group’s meetings.

5. All minutes of the Group’s meetings.

6. All reports, analyses and findings made by the Group to the Town Board or any other Town board, department, officer, employee or consultant.

7. Any documents reflecting the dissolution of the Group, including, but not limited to Town Board minutes reflecting same.

8. All disclosures of interest made by the Group’s members under the Town’s Code of Ethics or otherwise due to them being a member of the Group.

9. All disclosures of interest made by the following individuals who attended the Group’s July 17, 2019 meeting under the Town’s Code of Ethics or otherwise due to them being involved with the Group: Robert Deary, Rob Greensten, Ivy Pool, Bruce Murray, Lisa Katz, John Canning, Lauren Lerin, Jill Shapiro, Lauren Cascone, Alexa Sikoryak, Steve Tavolacci, Randall Katdus, Gregg Sanzari, Tom Curley, Jeremy Saland, Erik Aulesta, Bernie Vandolen, Joel Russell, Bob Kirkwood and Patty Adell. (See attached sign-in sheets printed from https://www.mynewcastle.org/DocumentCenter/View/1894/Sign-in-Sheets.)

10. All disclosures of interest made by any officer (as defined by Town Code § 9-2) or other individual who researched, drafted, analyzed or worked on: (a) the draft generic environmental impact statement for the Chappaqua Hamlet form based code; (b) its scoping document; or (c) the draft Chappaqua Hamlet form based code.

11. All documents reflecting the Town’s review of the disclosures under Items Nos. 8, 9 and 10 above, including, but not limited to, the Town Clerk’s presentation of such disclosures, Town Board minutes discussing such disclosures and summaries of such disclosures on the record pursuant to Town Code § 9-5C.


EXHIBIT B


EXHIBIT C

E ma : cascone@mynewcast e.o g<ma to: cascone@mynewcast e.o g>Phone: (914) 238-7272Fax: (914) 238-2537Town of New Cast e200 South Gree ey AvenueChappaqua, NY 10514

*P ease be aware Town Offices are open by appo ntment on y between 9:00am - 12:00pm. Dur ng norma bus ness hours, TownStaff w be ava ab e n each department to answer ca s and ema s. We cont nue to encourage ema for a nqu r es for the fastestresponse. Thank you for your cooperat on.

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EXHIBIT D


EXHIBIT E

Chappaqua Form Based Code November 13, 2019 Downtown Working Group 2:00PM- 4:00PM Meeting Goal: To review the first draft of the Form Based Code.

AGENDA

I. Recap

II. Code Organization

III. Transect/Sub-Districts

a. Land Use

b. Max. Building Heights

c. Density/Intensity

IV. Regulating Plan

V. Approval Process

VI. Parking

VII. Code Testing Results

VIII. Architecture

IX. Green Building

X. Affordable Housing

XI. Q&A/Discussion

stefanie a. bashar ansa | assuncao

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