Members of the Town Board,
I am writing on behalf of the ECC to explain why we continue to oppose the Amended Site Plan and related applications by Midway Shopping Center.
While it is likely inevitable the applicant’s plan will be approved potentially with minor changes, it is the responsibility of the Edgemont Community Council to ensure that the quality of life of its residents is considered in any discussion or decision.
What is in front of us is a request to reduce the required number of parking spaces by 197, including physically reducing the amount of parking available by 46 existing parking spots. The number of required parking spaces for Midway is outlined in Town Code Section 285-38, Subsection D(5), which applies to parking lots containing two or more uses having different parking requirements. The Town Code mandates that “the parking requirements for each use shall apply to the full extent.” Reductions in the required number of spaces may be granted when it can be conclusively demonstrated that the reduction in spaces “will not generate additional traffic that overburden[s] the parking capacity.” This determination is supposed to be made based on a showing that “any or all of the following site characteristics occur.” There are three such characteristics:
–The first is that the proposed new uses (here, two new restaurants) will be “generating a demand for parking spaces primarily during periods when the other uses are not in operation or are not likely to generate a substantial demand for parking.” Midway has made no showing of that.
–The second characteristic is that “sufficient land area exists for land-banked off-street parking spaces.” Midway hasn’t made any showing of that either.
–The third characteristic is documentation from the applicant “demonstrating an underutilization of existing offsteet parking spaces.” Here, Midway hasn’t shown that its existing parking spaces are underutilized. On the contrary, all it has shown is that it is theoretically possible to squeeze all but 197 parking spaces into the space it currently occupies. That doesn’t mean its existing space is underutilized. It just means that that’s how many spaces it will lose when the construction is finished. Midway simply argues that because it found a few empty parking spaces on studies of Midway’s busiest shopping days, it, therefore, follows that its lot must be underutilized. But does documentation showing a few empty parking spots on the busiest shopping days mean the parking lot is “underutilized”? That depends on how one defines “underutilized.” Underutilization is not a mathematical exercise. It requires taking into account such factors as traffic, the average length of time it takes to find a parking space on busy days, and, of course, accident history, including damage to cars and to pedestrians.
Midway nevertheless argues that it is entitled to a parking reduction because its parking lot, as it is, is underutilized. But all it shows to support that claim is overhead pictures from a drone on busy shopping days showing that parking spaces could be found.
Ask yourself the question, under the Town Code, has Midway “conclusively demonstrated” to the Town Board’s satisfaction that a 197 reduction in the number of required parking spaces “will not generate additional traffic that will overburden the parking capacity.” Bottom line: The ECC isn’t convinced that it has and neither should you be.
197 parking spaces represents a 16.76% or 15.85% reduction in parking, depending on where you look and how many spots you believe there actually are currently. As has already been pointed out by others, if you look at their recent application, it states there are eleven hundred and seventy-five (1,175) existing spots and if you look at their website it states there are twelve hundred and forty-two (1,242). This is not an insignificant difference, and in fact a greater number of parking spots than the physical reduction they are seeking.
What also needs to be put into context, is what percentage of parking has been reduced by Midway over time, while at the same time, what has been the increase in retail square footage. I continue to struggle with the notion that a reduction in parking availability along with an increase in retail space, and with that, an increase in customers visiting the shopping center, will have a net-positive impact on safety. If Midway had had an impeccable safety record up until now, it’d be a lot easier to accept the premise that its parking lot is sufficiently underutilized to accommodate a 197 reduction in the number of parking spaces. But Midway’s safety record is bad and getting worse.
Indeed, it seems that Midway is offering to make the parking lot safer in exchange for getting the reduction it seeks in the number of parking spaces because it recognizes what we all recognize, which is that Midway’s parking lot is not safe as it currently exists, which contradicts any suggestion that, as it currently exists, it is underutilized, which is what the Town Code requires that Midway must demonstrate conclusively in order to get the 197-spot reduction in required parking spaces.
In addition to offering supposed safety improvements if it gets the reduction in required parking it seeks, Midway is also promising to “greenify” the islands within the parking lot. Again, that doesn’t mean the parking lot is underutilized; it is merely asking the Town Board to look the other way because public safety be damned, we’ll be getting something greener in return. But if the Town Board elects to buy what Midway is selling, measures need to be taken to ensure Midway is held to this promise. Each time they come before this Board they promise to “greenify” the shopping center, and each time they fail to do so, at least beyond after receiving the approval they are seeking, and yet when they come here today and make that same promise, we are supposed to believe “things are going to be different this time.” If Midway is going to commit to greenify the shopping center – it can’t be a one-time greenification. It needs to be an ongoing commitment to landscaping maintenance and steps need to be taken to ensure that.
One suggestion the ECC has is to amend the code to require shopping centers that have greater than a certain number of parking spots, or a certain amount of retail square footage, to be required to maintain their green space to an agreed-upon standard. Shopping centers that don’t comply should be fined and the town should have the authority to step in and maintain the green space themselves – at the shopping center’s expense. Only then will shopping centers like Midway be incentivized to maintain greenspace beyond when they want something from the Town and the community.
Much has been made of Supervisor Feiner’s suggestion of an improved sidewalk on Ardsley Road from Fort Hill to Central Ave. While the ECC agrees this would be a benefit to the community, it questions if it is the role of a developer to step in where the Town will not. There is a bad precedent set when land use decisions involving public health and safety are contingent on the applicant doling out favors to the Town.
As for the site plan itself, what hasn’t been given adequate attention is the noise and light pollution that comes from Midway and any steps that will be taken to address the increase two new restaurants and outdoor seating might bring. How late will these restaurants be open until? Will the outdoor seating be lit, and if so, how? Will they serve alcohol? What steps can be taken to shield the residents of Cotswold and Southern Greenville from not only the potential increase of noise and light pollution – but the appalling level of noise and light pollution that these residents are already subjected to? These are the residents that will be most impacted by this application, and the first opportunity they had to provide input was not until the deal was more or less done.
For all the times there have been hearings about changes Midway was seeking to make, and all the times various leaders of the Edgemont Community Council have spoken to raise concerns about changes Midway is seeking, never once has Midway themselves contacted the ECC directly in an attempt to create community buy-in. Perhaps if Midway approached us as partners and the representatives of the Edgemont community we are, we wouldn’t approach everything they do with such skepticism. We are not a secret society and we are not difficult to track down. So Midway – next time you want something, and we know there will be a next time, reach out and let’s have a dialogue.
Lastly, considering how many times Midway has come back to this Board asking for more and more departures from Town Code requirements, we in Edgemont have to start asking ourselves when will enough be enough.
Regardless of how many spots there are now, and how many spots Midway is looking to reduce this time, when will Midway look for another solution to their problem? At what point is it no longer feasible to squeeze more spots out of Midway while at the same time attempting to increase demand? I hope these are questions Midway is asking themselves. At what point will the shopping experience become so miserable at Midway that customers will just go elsewhere? As the largest commercial ratable in Edgemont, when that starts occurring on a larger scale – that’s when we have to really start worrying. Personally, I know of neighbors who already refuse to go to Midway now regardless of what shops are there presently and may open up in the future – and that’s nobody’s doing but Midway itself. That’s the reality of capitalism, and no amount of supposed safety measures, empty promises of green space, and pandering to the community will stop that.
Even with all the supposed “evidence” that has been shared, the ECC doubts that this plan will accomplish anything but overcrowd the sections of the parking lot that are already overflowing from demand and increase the risk to both pedestrians walking from their vehicles to the stores, including walking to these two new restaurants, and drivers navigating the parking lot trying to find a remaining spot.
We therefore respectfully request that the Town Board reject Midway’s application for site plan approval and reject in particular its request for the 197 space reduction in the required number of parking spaces.
Thank you for your consideration,
Dylan F. Pyne
President, The Edgemont Community Council