Page 1 Proceedings 1 DEPARTMENT OF HOUSING AND BUILDINGS: CITY OF YONKERS ------x ZONING BOARD OF APPEALS TUESDAY, September 28, 2010 6:00 P.M. City Hall Yonkers, New York

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PRESENT: JOSEPH CIANCIULLI, Chairman ANTHONY LANDI, Member JAMES BLANCHARD, Member DIANE PEARSON, Member(Absent) NANCY LITTLE, Member LEVAR BURKE, Member HARRY SINGH, Member WILLIAM SCHNEIDER, Building Department ALAIN NATCHEV, Asst.Corporation Counsel

DOUGLASS REPORTING COMPANY 50 MAIN STREET WHITE PLAINS, NEW YORK 10601 914-946-1276

Page 2 1 Proceedings 2 2 INDEX 3 DECISIONS 4 #5240-Andrew Romano, 17 Sunnybrook Avenue 77 5 6 7 ADJOURNED CASES #5224-James Veneruso, 900 Central Park Avenue 13 8 9 CONTINUED HEARINGS 10 #5231-James Veneruso, 1217 Yonkers Avenue 13 11 NEW HEARINGS 12 #5242-Andrew Romano, 251 Valentine Lane 13 #5243-Andrew Romano, 1022 aka 1024 Yonkers Avenue #5244-Andrew Romano, 475 Kimball Avenue 14 #5245-Taffy Williams, 191 Westchester Avenue #5246-Whitelaw Architects, 333 Bronx River Road 15 16 EXTENSIONS #4836-377 North Broadway 17 #4915-660 Saw Mill River Road #5205-41 Purser Place 18 #5174-Yonkers Avenue #5165-2 Manor House Square 19 20 AMENDED DECISION 21 #5241-166 Ridge Avenue 22 23 24 25 Page 3 1 Proceedings 3 2 THE CHAIRMAN: Ladies and 3 gentlemen, the Zoning Board of Appeals public 4 hearing for the month of September 2010 is now in 5 session. Would the members introduce themselves 6 starting with Mr. Landi. 7 MR. LANDI: Anthony Landi. 8 MR. BLANCHARD: James Blanchard. 9 MS. LITTLE: Nancy Little. 10 MR. SINGH: Harry Singh. 11 MR. BURKE: Lavar Burke. 12 THE CHAIRMAN: I'm Joseph 13 Cianciulli, Chairman of the Board. Missing 14 tonight is Mrs. Diane Pearson. To my immediate 15 left, Corporation Counsel represents the Board, 16 Alain Natchev. To my right, Deputy Building 17 Commissioner William Schneider. To my far left, 18 Commissioner of Planning Lee Ellman. Would 19 everybody please stand for Pledge of Allegiance 20 lead by Commissioner Schneider. 21 (Pledge of Allegiance) 22 THE CHAIRMAN: Now let me explain 23 something to the public. I don't allow talking, 24 I'm very strict about it. If you want to talk 25 to your neighbors go into the hallway. The other Page 4 1 Proceedings 4 2 thing is the cell phone. I have one, it's on 3 buzz. So put it on buzz or turn it off because 4 if it goes off and I hear it it's coming right 5 here to me and stay here and I will give it back 6 to you when I go home, probably around 10:00. A 7 lot of people don't want to stay with me until 8 10:00. So that's one thing. Also, as Chairman 9 of the Board I have the right to you take the 10 cases in any way I want to take them, first, 11 second, third. 12 Do I have a motion to accept the 13 minutes of the last meeting? Mr. Landi? 14 MR. LANDI: Just a few minor 15 corrections. Page 7, Line 24, after the word 16 area delete, y-e-a-h. Page 23, line 10, the 9 17 should read, time, delete the 9. Page 24, line 18 25 word has, should read is. Page 24, line 25 19 delete the first done. Thank you. 20 THE CHAIRMAN: Do I have a second 21 on the motion? 22 MR. BURKE: Second. 23 THE CHAIRMAN: As amended. On the 24 motion, Mr. Landi? 25 MR. LANDI: For the motion. Page 5 1 Proceedings 5 2 THE CHAIRMAN: Mr. Blanchard? 3 MR. BLANCHARD: For the motion. 4 THE CHAIRMAN: Mrs. Little? 5 MS. LITTLE: For the motion. 6 THE CHAIRMAN: Mr. Singh? 7 MR. SINGH: For the motion. 8 THE CHAIRMAN: Mr. Burke? 9 MR. BURKE: For the motion. 10 THE CHAIRMAN: The Chairman votes 11 for the motion. Motion carried 6-1 absent. We 12 have one decision here tonight we're going make 13 that decision right now, case 5240, 17 Sunnybrook 14 Road. Do I have a motion, please? 15 MR. LANDI: Mr. Chairman? 16 THE CHAIRMAN: Mr. Landi? Is 17 there anybody here tonight on this case who wants 18 to sit up a little closer. Go ahead, Mr. Landi. 19 MR. LANDI: Case number 5240, 20 area variance, Andrew Romano, Esquire on behalf 21 of Sandra Raymond, owner, to construct a second 22 story on an existing one story, one family 23 dwelling. Having insufficient side yard, section 24 43-27, Table 43-3, required 20 foot and 40 foot, 25 proposed 12.71 feet, total 27.86 feet. Exceeding Page 6 1 Proceedings 6 2 maximum side wall articulation unbroken plane, 3 required 30 feet, proposed 32.2 feet. Section 4 43-34.H.C. Encroachment into the inwardly 5 sloping side setback plane, Section 43-34.H.A. on 6 premises knowing as 17 Sunnybrook Road, Block 7 5398, lot 24, zone S-200. 8 The premises is a legal one 9 family dwelling in an S-200 district zone that 10 the applicant has owned since 2000. A 11 Certificate of Occupancy was issued on April 12 22nd, 1966 for one family dwelling with two car 13 garage conforming to the then S-100 district 14 zone. The area was rezoned in 1968. 15 I make a motion to approve the 16 request for area variance subject to conditions 17 based on facts, findings, information and 18 testimony presented to this Board at the public 19 hearing, site visits by members of the Zoning 20 Board or otherwise obtained. 21 In making this decision the 22 Zoning Board of Appeals shall take into 23 consideration the benefit to the applicant and/or 24 owner if the variance is granted as weighed 25 against the detriment to the health, safety and Page 7 1 Proceedings 7 2 welfare of the neighborhood or community by such 3 grant. In making such determination the Board 4 shall also consider the following: 5 One, whether undesirable changes 6 will be produced in the character of the 7 neighborhood or detriment to nearby properties 8 will be created by granting of the area variance. 9 Based on the submitted survey 10 dated May 20, 2010 the footprint of the existing 11 structure will remain the same. An undesirable 12 change will not be produced in the character of 13 the neighborhood or detriment to nearby 14 properties by granting the requested area 15 variance. As testified, the surrounding area 16 consists of mainly single family, two story 17 dwellings, including one two story dwelling to 18 the immediate south and one two story to the 19 immediate north, and one more two story dwelling 20 on Rockledge Road, and apartment houses to the 21 north on Rockledge and Sunnybrook Road, and two 22 story one family dwelling across the street. 23 Two, whether the benefit sought 24 by the applicant or owner can be achieved by some 25 other method feasible for the applicant or owner Page 8 1 Proceedings 8 2 to pursue other than an area variance. 3 The benefit sought cannot be 4 achieved without obtaining additional adjacent 5 property which is not available at present time. 6 There is not another feasible method for the 7 owner to pursue other than an area variance due 8 to the existing dwelling location and 9 considerable rise in topography toward the rear 10 of the property. 11 Three, whether the requested area 12 variance it substantial. Based on utilization of 13 existing footprint the existing structure is 14 12.71 and 15.15 feet from the adjoining property 15 line and 32.2 feet in length. Constructing a 16 second story will not alter the existing 17 footprint and comply with Section 43.34.H.C. The 18 requested area variance is not substantial. 19 Four, whether the proposed 20 variance will have an adverse effect on the 21 physical or environmental conditions of the 22 neighborhood or district. 23 The proposed second story 24 addition height will be conforming to the 25 existing codes thereby mitigating visual, air and Page 9 1 Proceedings 9 2 light to the adjoining properties. Sewer, water 3 and utilities exist in the area. Granting the 4 requested area variance will not have an adverse 5 effect on the physical or environmental 6 conditions of the neighborhood. 7 The Traffic Engineer's report 8 indicates requested variances will have no effect 9 on traffic and parking conditions in the 10 neighborhood. 11 Five, whether the alleged 12 difficulty was self-created. The alleged 13 difficulty was self-created which consideration 14 is relevant to the decision but shall not be 15 necessary for approving the granting of the area 16 variance subject to conditions. 17 The Board grants the requested 18 variances based on the latest plans and surveys 19 submitted to the ZBA and subject to the following 20 conditions: 21 One, the applicant and/or 22 property owner shall provide to this Board within 23 45 days from September 28, 2010 a certified 24 affidavit that all real estate taxes due have 25 been paid to date and whether any certiorari Page 10 1 Proceedings 10 2 proceedings are underway. 3 Two, the applicant and/or 4 property owner shall apply for building permit 5 and pay all appropriate fines and fees to the 6 Department of Housing and Buildings, City of 7 Yonkers within 60 days from September 28, 2010. 8 Three, fire, smoke and carbon 9 monoxide detectors shall be installed hard wired 10 throughout the dwelling and shall be connected to 11 an outside independent 24 hour monitoring 12 service. 13 Four, the premises shall conform 14 to one family dwelling with one kitchen, no 15 in-law set up or second family occupancy or 16 boarding house set up. 17 Five, the existing two car garage 18 shall be maintained to permit parking of two 19 cars. 20 Six, no business shall operate 21 from the premises. 22 Seven, no commercial vehicles 23 shall be parked outside on the premises. 24 Eight, all trees as located on 25 The submitted May 20th, 2010 survey of the Page 11 1 Proceedings 11 2 topography of the property shall remain. 3 Nine, all construction shall be 4 from 7:00 a.m. to 5:00 p.m. Monday through 5 Friday, no Saturday or Sunday work. 6 Ten, these conditions shall be 7 specified on the Certificate of Occupancy, and 8 the applicant and/or property owner shall permit 9 periodic inspections by the Department of Housing 10 and Buildings, City of Yonkers at least once 11 every calendar year for the purpose of 12 determining the conditions are being satisfied. 13 Eleven, should the applicant or 14 property owner not comply with, breach or violate 15 any of the conditions at any time this approval 16 is hereby rescinded and authorizes the Department 17 of Housing and Buildings, City of Yonkers to take 18 appropriate action. 19 Twelve, all expenses associated 20 with these conditions shall be the responsibility 21 of the applicant and/or property owner. 22 Mr. Chairman? 23 THE CHAIRMAN: Do I have a second 24 on the motion? 25 MR. BURKE: Second. Page 12 1 Proceedings 12 2 THE CHAIRMAN: On the motion, Mr. 3 Landi? 4 MR. LANDI: For the motion. 5 THE CHAIRMAN: Mr. Blanchard? 6 MR. BLANCHARD: For the motion. 7 THE CHAIRMAN: Mrs. Little? 8 MS. LITTLE: For the motion. 9 THE CHAIRMAN: Mr. Singh? 10 MR. SINGH: For the motion. 11 THE CHAIRMAN: Mr. Burke? 12 MR. BURKE: For the motion. 13 THE CHAIRMAN: The Chairman votes 14 for the motion. Motion carried 6-1 absent. 15 Now we're getting into the 16 hearings tonight. First of all, let me say one 17 thing, case number 5224, Mr. Veneruso, 900 18 Central Park Avenue. Mr. Veneruso, identify 19 yourself, please? 20 MR. VENERUSO: James Veneruso, 21 Veneruso, Curto, Schwartz and Curto, Yonkers, New 22 York. 23 THE CHAIRMAN: You want to put 24 this over to December? 25 MR. VENERUSO: Yes, Mr. Chairman. Page 13 1 Proceedings 13 2 Per discussions between the owner of the property 3 and the residents of the adjoining properties so 4 I respectfully request that the matter be put 5 over to the December Board meeting. 6 THE CHAIRMAN: Okay, we will put 7 it over to December. You can take the signs off, 8 they might need them down below, the Building 9 Department. You can change them, new notices go 10 out, they have to be certified mail return 11 receipt, don't forget that. I make motion to put 12 this over to December. Do I have a second? 13 MR. LANDI: Second. 14 THE CHAIRMAN: Everybody in favor 15 say aye. 16 (Chorus of Ayes) 17 THE CHAIRMAN: Anybody opposed? 18 Carried. Thank you. How many people are here on 19 the case on Yonkers Avenue, 1217 Yonkers Avenue, 20 please raise your hand. How many people here 21 tonight we're going to take that case first 22 because when I was over there I told people that 23 we were going to take that case first. 24 Mr. Veneruso, we put the screen up, just explain 25 what you're going to do to the Board, please. Page 14 1 Proceedings 14 2 MR. VENERUSO: Good evening, Mr. 3 Chairman. If I may, first I'd like to introduce 4 the development team that's here. 5 THE CHAIRMAN: Just tell us what 6 you want to do. 7 MR. VENERUSO: Actually, the 8 architect of the project has a power point 9 presentation. Before that, I'd just like to give 10 an update to the Board since we first introduced 11 this matter in May, what's transpired. 12 THE CHAIRMAN: Okay. You want to 13 make a power point presentation? 14 MR. VENERUSO: Yes. 15 THE CHAIRMAN: I'm going to permit 16 that. If there's anybody here tonight on this 17 case who wants to sit in the jury box we will 18 have the screening go for about 15 minutes. 19 You're welcome to come up. Do you want to recap, 20 Mr. Veneruso, what you did at the last meeting, 21 the last time we met? 22 MR. VENERUSO: Yes, Mr. Chairman. 23 In May at the May Board meeting we introduced 24 this project. At that time I went over my 25 principal points. We explained that it was an Page 15 1 Proceedings 15 2 introduction to the project. Since that time 3 I will give a brief overview and then turn it 4 over to Mr. Pietrosanti. Since that time a 5 number of things have happened. We have filed 6 SEQRA, detailed environmental assessment report, 7 filed with the City, including a traffic and 8 parking report, as well as a marketing study. In 9 accordance with our discussion at the May Board 10 meeting, those documents were provided to the 11 Hyatt Association, as well as to Miss Petrone, 12 who is counsel to, I think, two coops, I 13 understand, in the adjoining area. We had a 14 preliminary meeting with the Hyatt Association in 15 April where the overview was given of the project 16 at a membership meeting. Since the May meeting, 17 since the May Board meeting, there's been a site 18 visit with their representatives, as well as some 19 residents in the community which was attended by 20 the Chairman and Mr. Landi accompanied him at 21 that meeting. 22 THE CHAIRMAN: Let the record 23 reflect we met at the project. 24 MR. VENERUSO: At the site. 25 THE CHAIRMAN: Mr. Singh, myself Page 16 1 Proceedings 16 2 and the Commissioner. 3 MR. VENERUSO: Yes. Last week we 4 had a meeting with the entire development team. 5 I would like to note for the record that the 6 entire development team is here tonight, 7 including Mr. Thomas Nealy, the principal of the 8 Blue Real Estate Holdings. The development team, 9 some of the members tonight including Mr. John 10 Collins, will give an overview of the portions 11 that they submitted. 12 I would say that the meetings and 13 discussions we have had have been productive. I 14 believe, I'm confident to say that we're 15 listening to each other. We're recognizing the 16 concerns that the community has and we're in 17 discussions trying to narrow where we can 18 eliminate those concerns. I don't want to imply 19 that those concerns have all been addressed, they 20 certainly haven't been, but I think there's good 21 dialogue that went on, particularly the several 22 hours we met at my office last week. 23 If I may, the community concerns 24 include the following, the sustainability of the 25 this project which is for persons 55 and over. Page 17 1 Proceedings 17 2 Later on you will hear from Mr. Pietrosanti in 3 detail that this project was built specifically 4 for that population. The community has concerns 5 about the sustainability of that population in 6 that building. There are traffic and parking 7 concerns that have been raised, height and 8 security. Within those groupings I'm sure there 9 are other concerns that will be raised, but those 10 for the most part, are the discussions evolved 11 around those. 12 I would like to point out that in 13 those discussions there's also give and take, and 14 I thought a very good dialogue could be done to 15 improve the project. In addition, it was pointed 16 out that the marketing study has a chart which is 17 in error and for the record I'd like to correct 18 that. On page 48 there's a reference to 19 amenities. The amenities do include cable, 20 internet access, microwave, closets, there's 21 storage facilities, walk in closet. So that was 22 brought up, and I want to correct that for the 23 record. 24 I will address the sustainability 25 issue, and then I will turn it over to Page 18 1 Proceedings 18 2 Mr. Pietrosanti. His presentation will focus on 3 the fact that this key feature of this project is 4 for the population it's going to serve. So that 5 size of units and other amenities are targeted 6 for that population. The concern that's been 7 raised is that despite the developer's best 8 efforts, and the only best effort whether it's 9 sustainable, whether that 55 and over is 10 sustainable. Because clearly, if it's not, we 11 suddenly have families in the building with 12 children and attended burden then placed on the 13 community in terms of traffic, parking, schools 14 and overcrowding. 15 I would submit to you that 16 there's a great demand for this type of housing 17 in this County and I would point to the 2004 18 Westchester County Housing Needs Assessment 19 Report. That report qualified in great detail 20 the seriousness of the problem and that the need 21 would increase for senior housing. And that the 22 age group is what was termed a formidable and 23 expanding market segment. Within the 24 environmental Assessment Report which you have is 25 a report done in July of 2010 by Nargetta and Page 19 1 Proceedings 19 2 Company which bears out that the report done in 3 2004 for the County was dead on. There's a 4 demand for this housing. In their report, which 5 you have, bears out the fact that there is a 6 vacancy rate of zero on comparable properties 7 that were in the report. And there are waiting 8 lists. So clearly there's a demand for this 9 housing. 10 Last week at our meeting there 11 was also lengthy discussion about situations 12 which may arise which could result in the 13 building trending toward families. Also concern 14 that the impact of the New York State Roommate 15 Law on 55 and over. At that point, toward the 16 end of our meeting, I didn't have a ready answer 17 and I needed to research that question further. 18 In doing so, I believe that there is a tool which 19 we can dialogue with the community that affords 20 the owner great latitude. It's called, the 21 Federal Housing for Older Persons Act. The 22 acronym is HOPA. This permits a broad range of 23 permissible restrictions which would otherwise be 24 deemed to be discriminatory, and because it's 25 federal law, there are guidelines. It allows for Page 20 1 Proceedings 20 2 certain types of permissible restrictions so that 3 the owner can again use this as a tool, and 4 possibly, what we're hopeful is that we can come 5 up with a set of guidelines that would give 6 comfort to the community. In addition, HUD 7 requires that if you say you're going to have a 8 population of 55 and over, to get the benefit of 9 those permissible restrictions you have to prove 10 it. When you accept renters you have to make 11 sure through proof that they are in fact over 55. 12 You must have a survey done at least a minimum of 13 two years. Your lease must specify the 14 restrictions. Your advertisement must state the 15 restrictions. So the point is, you can't put a, 16 well, this is 55 and over and then suddenly 17 anybody can come in. 18 So with that, I would like to 19 turn it over to Mr. Pietrosanti for his power 20 point to get into more detail on the project. 21 (Speaker Sworn) 22 THE CHAIRMAN: State your name and 23 address. 24 MR. PIETROSANTI: Bruno 25 Pietrosanti, Principal of the firm, Wallace Page 21 1 Proceedings 21 2 Mangione. Our offices at 480 North Broadway, 3 Yonkers, New York. 4 Mr. Chairman, members of the 5 Board, excuse my voice I have a little bit of a 6 cold. The project we have here is titled, 7 Kimball Residences. As you know, it is located 8 at the site where the Kimball theater rests. The 9 project as outlined in this yellow outline, 10 encompasses several buildings within that block. 11 We're taking up probably a bit more than 50 12 percent of that land area, 66,000 square feet of 13 land, about an acre and a half or so. 14 The property is located around 15 Crescent Place, Sherwood Avenue, Bronx River Road 16 and Yonkers Avenue. So we basically encompass in 17 general the entire site. Bronx River Road and 18 Bronx River Parkway are just to the east of the 19 site. And of course this is that section of 20 Yonkers Avenue before it meets Bronx River Road 21 entering the bridge going into Mount Vernon. 22 What we have here, these are 23 photographs of the surrounding area. I won't 24 bore everybody for too long on all this because 25 there is quite a few photos, but we will get a Page 22 1 Proceedings 22 2 rough overview. Crescent Place and Yonkers 3 Avenue, this is a shot coming down toward Yonkers 4 Avenue into Bronx River Road, a shot of the 5 Kimball theater. 6 This picture here is Yonkers 7 Avenue east, on the Bronx River Road. This is 8 the south side of Yonkers Avenue going toward 9 Bronx River Road, as well. Here being the 10 intersection of Bronx River Road and Yonkers 11 Avenue. Bronx River Road going north, that's the 12 Jiffy Lube on the corner. A little further 13 toward the corner one of the core buildings 14 encompassing our neighborhood. Bronx River Road, 15 again, look toward the Jiffy Lube. If you notice 16 the background in this photograph right here, 17 another co-op building. Here is another 18 commercial building along that building that's 19 along the southern portion of Bronx River Road. 20 And still again Bronx River Road going further 21 south, more cooperative type buildings. Sherwood 22 Avenue, Crescent Place, this is the parking lot 23 at Crescent Place. This here being our proposed 24 building, superimposed over the aerial map. 25 What we're proposing here is the Page 23 1 Proceedings 23 2 existing Crescent Place parking. We're proposing 3 to keep the lot active. Community will be 4 allowed to continue parking there. The building 5 here, retail stores along Yonkers Avenue. We 6 have access into the site, pedestrians would be 7 coming in on Yonkers Avenue here and from this 8 corner point. Vehicular traffic which would be 9 coming in from Bronx River Road into the garage, 10 three level garage with ramps that will extend up 11 to the Crescent Place parking area. 12 We also have access point from 13 Crescent Place into the building and down to the 14 same levels. 15 This is a rendition of our 16 proposed building. So of the features in this 17 building that I want to point out is that it will 18 be a fully green building, sustainable building. 19 I will go into more detail as I go through the 20 presentation. 21 One of the designs I want to be 22 very clear about is we're not designing a box. 23 We have been careful to create articulation of 24 the building, setbacks, setbacks both vertically 25 and horizontally, so we're not dealing like I Page 24 1 Proceedings 24 2 said with a box. In doing so, we have to 3 increase the height of our building a little bit 4 creating sort of a wedding cake design. These 5 are the vantage point elements. We're able to 6 create terraces in certain levels. In doing so 7 we also minimize the impact to pedestrians on the 8 street. One of the major features that we're 9 promoting in the design of this building is a 10 social atmosphere. So by having stores that will 11 service not only this building, but the 12 community, we're encouraging people to be able to 13 walk out into the street, use the stores, use the 14 train station, use the other stores within the 15 community. Building materials will be green 16 materials, recyclable materials, plant materials. 17 We're proposing a glass feature here which would 18 be a combination of glazing for light but also 19 solar panels that will create energy and 20 electricity for the public areas of the building. 21 This is a view from Bronx River 22 Road, similar situation. So as I mentioned 23 before, we have a 14 story residential building 24 plus a penthouse, 220 apartments, 55 and older 25 community, 45,000 square feet of retail. Parking Page 25 1 Proceedings 25 2 will be secure in the garage with 248 parking 3 spaces. And of course, in addition, improvements 4 to the existing municipal lot. With these 248 5 spaces, only, what's in the building not in 6 addition, doesn't include the municipal spaces. 7 This is our breakdown on our parking. We 8 basically have four levels of parking, plus a 9 partial fifth level at the lobby level. We have, 10 as I mentioned, 248 spaces, 235 of which are 11 normal parking spaces and 13 tandem. So you 12 would have viability of those people who want 13 additional parking spaces who have one car 14 parking parked in front of the other in there 15 allotted spaces, fully in kept spaces. We have 16 12 that are required and provided 14. We 17 provided a little bit more because we know this 18 is an aging community and we want to make sure 19 that we have proper accommodations for them. 20 The three green features in the 21 building, we're proposing geothermal heating and 22 cooling, which for those who don't know what that 23 is, we're basically taking liquids or water from 24 the ground to pre temper them so that the energy 25 systems within the building work a lot less, Page 26 1 Proceedings 26 2 therefore saving a great deal of expense in terms 3 of reducing the heating and cooling for the 4 building. 5 As I mentioned before reclaimed 6 recycled contents, building materials, use of low 7 misty low glass in windows and doors. Water 8 retention reclaiming system. Reuse of storm 9 water to irrigate landscape areas. The rain 10 water collected from the roofs will be stored and 11 used for other uses. I will explain that later 12 what we're using it for. We have solar panels, 13 as I mentioned before, to power public building 14 areas. We have green roofs. And of course, we 15 intend to use energy star and high efficiency 16 mechanical electrical systems. Of course, 17 additional features that make this building a bit 18 more for our particular population. Close to 19 Metro North railroad and public transportation, 20 we have a Gym work out facility for the 21 residents, community multi purpose room. 22 Communal rooftop greenhouse and garden areas. 23 I will show you that little more later on. Paved 24 roof decks, tenants storage area, communal 25 laundry area and lounge, residential parking, on Page 27 1 Proceedings 27 2 and off site, security monitoring system. 3 This is our ground floor plan so 4 we haven't shown nor haven't Concluded every 5 single plan in the building but just basically 6 the main features of the structure. 7 Municipal parking area. We have 8 also a garage also available to public. Our 9 lobby area. Now notice here on the lobby, we 10 will have a mailroom, a lounge area, a laundry 11 facility, a gym and access out into a lower roof 12 deck. This has all been designed with the 13 intention of promoting social living for the 14 community. So that someone here to do laundry 15 they can do a work out, relax at the lounge, 16 waiting for the laundry to be performed, 17 socialize with neighbors and also have access 18 on to outdoor fresh air space. Basically, a 19 typical floor plan, apartments around the 20 corridor. We would have built in tenant storage 21 within every floor. So rather than down in the 22 basement somewhere where you have to have 23 additional storage we would be creating the 24 storage within the floors of the residential 25 level. In addition to that I want to say one of Page 28 1 Proceedings 28 2 the comments that were made by the residents from 3 the community that kind of helped us out with a 4 few thoughts of their own in terms of whether the 5 laundry room was adequate enough. So what would 6 happen if we didn't have it? We heard that. We 7 feel that the laundry that we're providing will 8 be adequate, however, in listening to the 9 comments what we would do is we would also 10 provide additional locations for future expansion 11 if we need more laundry facilities on these 12 floors. So keep in mind, the beauty of the 13 structure, the building that we have here is that 14 we have provided additional space on these floors 15 for the use of the tenants. We felt the storage 16 was the most important thing. However, providing 17 additional laundry facilities every other floor 18 as needed is definitely something we're building 19 in for the future if necessary. 20 This here being now the roof plan 21 of the penthouse. If you notice here this 22 particular part of the structure we're going to 23 build a greenhouse and multi purpose room 24 accessible to the elevator. In addition to that 25 we have two roof gardens, a garden on the west Page 29 1 Proceedings 29 2 and one on the east, and also a socializing roof 3 deck area. These gardens are basically going to 4 be a combination of our mental and horticultural. 5 In other words, the residents of the building 6 will be allowed to grow their own fruits and 7 vegetables in these garden areas. Also indoors 8 start seedlings in the greenhouse and such. 9 As I mentioned before with regard 10 to the rain water we're collecting and storing, 11 we're going to be using that rain water in the 12 collection system to irrigate these plantings. 13 Of course, in the event there is a drought and we 14 don't have enough water in the storage system we 15 still will have water brought up to this level so 16 it can be used. Again, the primary source would 17 be the stored water from the land. This just 18 basically is a typical section of the building so 19 you can get an idea of the anatomy. 20 This level here being Crescent 21 Place. This level here being Bronx River Road. 22 We have one level of parking below and three from 23 Bronx River Road on up. Then parking garage area 24 at the Crescent area level. 25 We have also provided some shadow Page 30 1 Proceedings 30 2 studies. Now, this here being the worse part of 3 the year for shadow, September 21st, 10:00 a.m. 4 and December 21st, 3:00 p.m. So as you notice 5 going toward the west, and of course, by the time 6 3:00 hits you see the sunlight, the shadows 7 coming down this way it's starting to get dark at 8 this time. We have March 21st which is kind of 9 the medium level in terms of our shadows being at 10 10:00 a.m. and then of course at 3:00 p.m. 11 Now what we have done is one of 12 the other comments were that this particular 13 co-op which we have some members here was 14 concerned about the shadow cast on this building. 15 So what we did is we did additional studies on 16 the average. So the next slide will show, these 17 are one hour intervals in the day. So that 18 we can show what the effect is on this particular 19 building. So starting at 10:00 a.m. you will 20 notice that the shadow starts to move right about 21 2:00 o'clock into 3:00, 2:00 to 3:00 is when the 22 shadow starts to cast toward the building. And 23 by the time 4:00 and 5:00 o'clock hits it starts 24 to become dark anyway, it's pretty dark. 25 Here now being June, just the Page 31 1 Proceedings 31 2 ultimate time in terms of sunlight, 10:00 a.m. 3 pretty short shadow. There's a higher angle of 4 the sun and of course at 3:00 p.m. going in this 5 direction. 6 The next grouping of slides you 7 will see here, these are streetscapes. And what 8 this is basically, what we have done is we have 9 superimposed our building into the character of 10 the neighborhood. So these are actual scale 11 elements within the photographs that we looked at 12 before. So here is Yonkers Avenue traveling 13 Northeast. So if you're coming from the west 14 going eastwards this is the point where the 15 Crescent lot is. This here picture is coming out 16 of the Crescent Place neighborhood. This photo 17 here is Bronx River Road traveling north, the 18 corner where the Jiffy Lube is, with the tudor 19 style building and low rise commercial building. 20 Here we're on Bronx River Road traveling 21 southwest. This here being Sherwood. Here, this 22 is a shot coming out of Mount Vernon. This is 23 the train bridge, going under that bridge, and 24 here you will see our building looking at it from 25 Mount Vernon. Of course you will notice the Page 32 1 Proceedings 32 2 relationship to our tudor style co-op. 3 That's concludes our slide show, 4 thank you very much. We have John Collins that 5 will be able to talk to us. 6 THE CHAIRMAN: Mr. Veneruso, step 7 up, please. Who are you presenting next? 8 MR. VENERUSO: Mr. John Collins 9 who prepared the traffic report that's in the 10 report that's been filed in the environmental 11 assessment. 12 THE CHAIRMAN: Who is he with? 13 MR. VENERUSO: John Collins 14 Consulting. 15 THE CHAIRMAN: Okay. 16 THE CHAIRMAN: Are you an 17 attorney, sir? 18 MR. COLLINS: No, I'm not. 19 (Speaker Sworn) 20 THE CHAIRMAN: State your name and 21 address, please? 22 MR. COLLINS: My name is John 23 Collins, John Collins Engineer, offices in 24 Hawthorne, New York and we prepared the traffic 25 study for the traffic generated by this project Page 33 1 Proceedings 33 2 compared to the traffic on the roadway system. I 3 won't read the study, I will just give a 4 synopsis. We prepared the study with the city's 5 traffic staff to make sure we counted the 6 appropriate period, evening rush hour and when 7 school is in session. To make sure that we had 8 the accurate count. With respect to the traffic 9 generated by the project, we took no deduction in 10 the number of trips generated by the project 11 because of the 55 and older. The full trip 12 rating was a normal system, normal traffic coming 13 in and out at various peak hours. We took no 14 credit for that nor did we take credit for the 15 potential of utilizing the mass transit that's in 16 the area. Just based upon information we put the 17 worst case in the analysis. As indicated 18 previously, we showed two driveways, driveway at 19 Bronx River Road, as well as a driveway to 20 Crescent Place. The report calls for a full 21 driveway to Bronx River Road with turns -- I will 22 go back to that in a minute -- and what we call 23 in and out driveway at Crescent Place, it's a one 24 way street. In consultation subsequent to the 25 analysis with the City Traffic Department we were Page 34 1 Proceedings 34 2 asked to look at potential of eliminating the 3 left turn exiting the parking facility. We have 4 a driveway on Bronx River Road -- talking about 5 the left turn coming out and the city staff asked 6 us to reconsider that and not allow left turns or 7 prohibit left turns. We said we'd work with them 8 to do that and that traffic would be a 9 accommodated by the driveway to Crescent. The 10 question came up, whether we're should prohibit 11 left turns in? And we recommended that we see 12 that as a potential problem, not as much as the 13 development but the neighborhood because it would 14 push all the traffic down Sherwood and Crescent 15 Place, and we're trying to keep traffic away from 16 the neighborhood. Provision of a left turn 17 coming out directing that traffic over to 18 Crescent is only going to affect this section of 19 Crescent Place prior to Yonkers Avenue. 20 So basically that's the 21 information we put in the report all based upon 22 national standards and standards accepted by the 23 City of Yonkers. I'm free and available to 24 answer any questions you may have. 25 THE CHAIRMAN: We're going Page 35 1 Proceedings 35 2 northbound on Bronx River Road, you're not going 3 to have a left-hand turn into Bronx River Road? 4 MR. COLLINS: We're recommending 5 that that left turn be accomplished at that 6 driveway because we don't want to take that 7 traffic going north on Bronx River Road making a 8 left turn on Sherwood and going through the 9 neighborhood. We'd rather that that traffic with 10 a left turn into the driveway directly from Bronx 11 River Road but we would prohibit people coming 12 out of the driveway making a left turn to go 13 north. 14 THE CHAIRMAN: You have a 15 deceleration lane? 16 MR. COLLINS: We're going to work 17 with the city, we're not going to have southbound 18 deceleration. 19 THE CHAIRMAN: No northbound? 20 MR. COLLINS: Northbound we're 21 going to work with the city, just like you have a 22 left turn lane here. 23 THE CHAIRMAN: We're going north 24 on Bronx River Road, you have the red light 25 there, the traffic light there. Page 36 1 Proceedings 36 2 MR. COLLINS: You have a light 3 here and light here. 4 THE CHAIRMAN: Traffic light on 5 Yonkers Avenue so you're going to make a left 6 turn to go into the project? 7 MR. COLLINS: Yes. 8 THE CHAIRMAN: Now you should have 9 a turn lane, can you fit a turn lane in? 10 MR. COLLINS: You basically have a 11 turn lane. The reason why if you look at Bronx 12 River Road you have two lanes heading north 13 coming away from Yonkers Avenue. When I get up 14 to Sherwood one of those lanes becomes a left 15 turn lane to Sherwood and one continuing north, 16 right turn across the Bronx River Parkway. We're 17 talking to the city department about putting this 18 as a left turn lane almost all the way back to 19 the driveway such that traffic continuing north 20 would be in the curb lane and traffic turn left 21 into the project or into Sherwood would be using 22 the center lane. We have to have work out the 23 details of that with the city traffic department. 24 As well as the restriction for the left turn 25 coming out. Page 37 1 Proceedings 37 2 THE CHAIRMAN: Left turn coming 3 out, put a no lefthand turn sign, that's easy. 4 MR. COLLINS: We want to do more 5 than that because left hand turn signs don't 6 always work. We want to build something 7 geometric to direct the traffic. 8 THE CHAIRMAN: Angle the driveway? 9 MR. COLLINS: Yes. 10 THE CHAIRMAN: Concern about going 11 northbound, make a left turn into the project. 12 MR. COLLINS: I'm assuming the 13 normal course of action through the city 14 department. 15 THE, CHAIRMAN: The Building 16 Department. 17 MR. COLLINS: I was working with 18 Martin Dohert, he left the city earlier 19 retirement. I'm now working with Brian. 20 THE CHAIRMAN: Any questions of 21 this gentleman? Thank you sir. Mr. Veneruso. 22 MR. VENERUSO: Mr. Chairman, that 23 concludes our presentation for this evening. I'd 24 like to emphasize that the hearing will be 25 continued. We have traffic things to work out. Page 38 1 Proceedings 38 2 We have to work a lot further with the community 3 regarding the sustainability and the other issues 4 that have been raised. 5 THE CHAIRMAN: I will take that 6 into consideration. I'm not going to give you 7 the a answer right now. Question, is it 14 8 stories or 14 stories and penthouse? What is the 9 exact height of the building? 10 MR. VENERUSO: If I can ask 11 Mr. Pietrosanti. 12 THE CHAIRMAN: Bring him back up. 13 MR. PIETROSANTI: Mr. Chairman. 14 THE CHAIRMAN: Mr. Pietrosanti, 15 the exact height of the building? 16 MR. PIETROSANTI: The exact height 17 of the building based on Yonkers zoning 18 requirement is 165 feet. 19 THE CHAIRMAN: 165? 20 MR. PIETROSANTI: I'll explain how 21 that's derived. 22 THE CHAIRMAN: That's the top of 23 the penthouse? 24 MR. PIETROSANTI: Exactly. 25 THE CHAIRMAN: The penthouse is Page 39 1 Proceedings 39 2 setback? 3 MR. PIETROSANTI: The penthouse is 4 setback, correct. But that is the total height 5 of the building. That's the highest point, 6 except for any elevated bulkheads that go beyond 7 that. 8 THE CHAIRMAN: The penthouse will 9 be unoccupied will be for what? 10 MR. PIETROSANTI: The greenhouse 11 area and multi space for the residents to be 12 used, recreational space, basically. And I just 13 want to clarify the height, it's average of the 14 street, average street grading. 15 THE CHAIRMAN: Okay, no living up 16 there? 17 MR. PIETROSANTI: Not at all. 18 Most likely very rarely used at night. Most 19 likely not used much at all at nighttime. 20 THE CHAIRMAN: Mr. Landi? 21 MR. LANDI: Mr. Chairman, with 22 regard to the height of the building, if 165 is 23 the height of the building then you need to amend 24 Appendix A. 25 MR. PIETROSANTI: Right. We're Page 40 1 Proceedings 40 2 aware the definition is different. We will 3 clarify that. 4 MR. LANDI: Thank you. 5 THE CHAIRMAN: Thank you, Mr. 6 Pietrosanti. Is there anybody else you'd like to 7 bring up, Mr. Veneruso? 8 MR. VENERUSO: No, Mr. Chairman. 9 THE CHAIRMAN: Thank you. Is 10 there anybody here tonight in favor of this 11 application? This is on Yonkers Avenue and Bronx 12 River Road, some of it is on Bronx River Road? 13 Anybody here tonight in favor of this action? Is 14 there anybody here opposed to this application. 15 The gentleman in the back with the red tie. Are 16 you an attorney, sir? 17 THE WITNESS: No, I'm not sir. 18 (Speaker Sworn) 19 THE CHAIRMAN: State your name and 20 address. 21 MR. TUBIELLO: My name is Justin 22 Tubiello, I live 25 Churchill Avenue, Yonkers, 23 New York. I'm with the Hyatt Association and I 24 don't live that are far from this complex. 25 THE CHAIRMAN: Proceed, sir. Page 41 1 Proceedings 41 2 MR. TUBIELLO: Thank you, Mr. 3 Chairman. I have some concerns about this 4 project, Mr. Chairman. Traffic is first and 5 foremost. In the morning I travel Mount Vernon 6 West and concerned about the traffic in rush 7 hours from 7:00 to 9:00. I also come home at 8 night. There is a problem with school buses that 9 travel Yonkers Avenue. We believe that going 10 north Bronx River Road is extremely congested. 11 Going to the train station is extremely 12 congested. There's a problem with the traffic 13 light going toward the Mount Vernon West train 14 station, traffic gets backed up both ways at 15 night time, congestion. 16 Second item I have is will this 17 become -- I don't mean this disrespectfully, a 18 public assisted living stop creating more 19 complexity in the building and more traffic in 20 and out of the building itself. 21 Third item, does the man have a 22 long term commitment to this community? Sixty 23 percent of the units will be market rate yet, 40 24 percent will be below market rate. I don't 25 follow that, I don't understand that. If this is Page 42 1 Proceedings 42 2 suppose to be an upper class senior citizen 3 project, let it be as it is. We're concerned 4 about many of the things about security and 5 Congestion and density. Many of the members of 6 our association did get to go to study the plan 7 and they will fill in some of the details. And 8 thank you for your time. 9 THE CHAIRMAN: Any questions of 10 this gentleman? Thank you. Mr. Collins, 11 Mr. Veneruso, do you want to get your Traffic 12 Engineer? 13 MR. VENERUSO: I think he had 14 another meeting to attend, Mr. Chairman. 15 THE CHAIRMAN: He had another 16 meeting? What's the matter with my hearing? I 17 think we're going to continue this the next time. 18 Instruct your people not to leave. 19 MR. LANDI: Was there a traffic 20 report? Did you have a copy of the traffic 21 report? 22 MR. TUBIELLO: I don't have a 23 copy. 24 MR. LANDI: You have seen it? 25 MR. TUBIELLO: I have seen it. Page 43 1 Proceedings 43 2 THE CHAIRMAN: Mr. Veneruso, I 3 have a question. I want to know what the traffic 4 report means from where your project starts to 5 Vernon Mount under the railroad bridge and up the 6 hill. That's what I want to know. That's why I 7 wanted his opinion. So if you're going to be 8 working on a traffic situation in that area make 9 sure he includes that. 10 MR. VENERUSO: Yes, Mr. Chairman. 11 THE CHAIRMAN: Also, something 12 brought up about the seniors, this is not 13 assisted living, am I correct? 14 MR. VENERUSO: Forty percent 15 component is a part of a tax credit program 16 referred to as Low Income Tax Credit Housing 17 Program. Both take into account a number of 18 factors, benefits to the developer because of the 19 tax credit but also what was taken into account 20 was the affordability to seniors. The reports 21 that have that I referred to from the County, the 22 2004 report that was done and the report that was 23 done, the marketability study done for this 24 project make the point very clearly that as 25 people age often their incomes diminish. So that Page 44 1 Proceedings 44 2 was also taken into account. So that's our 3 response to that. 4 THE CHAIRMAN: Maybe I 5 misinterpreted, maybe I don't understand. This 6 is not going to become assisted living, you're 7 not going to have nurses and doctors checking 8 blood precious and stuff like that? 9 MR. VENERUSO: No, Mr. Chairman. 10 THE CHAIRMAN: That's fine, 11 thank you, Mr. Veneruso. Anybody else here to 12 speak in opposition? This gentleman, are you an 13 attorney, sir? 14 MR. LONGARZO: No, sir. 15 (Speaker Sworn) 16 THE CHAIRMAN: State your name and 17 address. 18 MR. LONGARZO: My name is Jerry 19 Longarzo, 110 Hyatt Avenue, Yonkers. 20 THE CHAIRMAN: Proceed, sir. 21 MR. LONGARZO: This question of 40 22 percent low income tax credit we discussed with 23 our person, Mr. Shepherd. Mr. Shepherd informed 24 us he had asked this question how many -- 25 THE CHAIRMAN: What was the Page 45 1 Proceedings 45 2 question? 3 MR. LONGARZO: How many lower 4 income tax credit units would be in this project? 5 He told us verbally that the response he received 6 was zero low income tax credit units. At a 7 meeting at the Hyatt Association Mr. Tubiello 8 asked the question, what would be the percentage 9 of low income tax credit units? At that time the 10 response was 20 percent. When the proposal comes 11 out on page three it refers to 40 percent low 12 income housing tax credit units. So before a 13 single shovel full of dirt has been heard we have 14 seen a range here from zero to low income tax 15 credit units up to 40 percent low income tax 16 credit units. This is a concern to us especially 17 because according to this proposal, I base my 18 information on the proposal pled to us, that tax 19 credit falls below the parameters of Section 8. 20 Now market value versus that credit marketing for 21 one bedroom is approximately $700 an month, for a 22 two bedroom unit, approximately $1000 a month. 23 If you throw in the difference with the parking, 24 low income housing tax credit is $50 a month, 25 market rate $150 a month. So depending on what Page 46 1 Proceedings 46 2 you're looking at, anywhere from 800 to $1100 3 above. Let's say I'm interested in renting a 4 unit there, am I going to be very pleased knowing 5 my next door neighbor next to me is paying 6 anywhere from 800 to $1100 less than I am? I 7 find that somewhat upsetting. 8 Mr. Veneruso, has verbally made 9 reference to amenities. According to a point of 10 fact in the proposal stated in black and white 11 there will be no microwave, no cable, no 12 satellite, no internet, no closet. Now we hear 13 Mr. Veneruso has heard these concerns, I'd be 14 much more comfortable seeing those concerns 15 addressed in writing and signed off on. Because 16 right now my perception is that in fact these 17 units are inferior units and will these units be 18 able to attract mid income residents? In 19 addition, all the two bedroom units be they 20 market value or low income housing tax credits, 21 there is only one bathroom. Now according to 22 their own studies in comparable homes, houses 23 rather, there are two bedroom units, you have two 24 bathrooms. So right off the bat we're speaking 25 about a project that its vision to be amenity Page 47 1 Proceedings 47 2 poor. It's built to attract mid income residents 3 seems to be suspect. 4 Now, one of the concerns we 5 raised at our public meeting was the question of 6 security. Now, Mr. Shepherd told us at first 7 there is budget cuts, there's no second car in 8 our section of Yonkers. Recently we know we have 9 been subjected to groups of misguided youths 10 coming in from Mount Vernon and coming from the 11 Bronx and inflicting harm on residents in the 12 community. Now if you're going to have a senior 13 citizen house, we believe that those residents 14 would be easy marks, good targets for those who 15 seek to inflict harm. One of the questions we 16 posed, what kind of security measures will be in 17 place? At that time it was responded, yes, there 18 be intercom phones and there will be intercom 19 buzzers. Yet once again in the proposal those 20 are not there. They speak in the presentation 21 about surveillance but no mention of intercom 22 buzzers, no mention of intercom phones. We 23 believe that the protection of prospective 24 seniors, those would be absolutely essential. 25 Next, listening to the back and Page 48 1 Proceedings 48 2 forth regarding the traffic study. Clearly, we 3 would hope and expect that the City of Yonkers 4 would use its own people to review that study 5 both in terms of it the validity, as well as to 6 whether the conclusions are valid. You want to 7 buy a home, you want the inspector of the seller 8 and get your own inspector. 9 Next, he mentions in the 10 presentation, required 220 parking spaces, 11 provided 248. But it's not really outrageous to 12 think that a middle class couple might in fact 13 have two cars. And in fact, if that is the case, 14 well will these middle class couples with the two 15 cars, will they be attracted to come into this 16 building if in fact there is not going to be 17 sufficient space for them. So the idea of the 18 sufficiency of the parking is a question that we 19 have. 20 Now, Mr. Veneruso spoke about 21 HOPA, I never heard of that but it's of solace to 22 me that there are laws on the books that stated 23 that, yes, if a development is meant for senior 24 housing that in fact it be maintained as such. I 25 would certainly hope that while you would have Page 49 1 Proceedings 49 2 laws on the books, are these laws consistently 3 and aggressively enforced? There have been cases 4 in this particular situation where we have laws 5 that simply are not enforced. We would expect 6 they would be consistently and certainly 7 enforced. 8 A question posed was suppose you 9 have a 55 year old gentleman married to a 40 year 10 old lady? What happens there? What is the walk 11 as far as that? Suppose you have a couple in 12 their sixties and an adult child in the 30s there 13 for financial reasons, has to live there, what 14 takes place there? We're extremely concerned, 15 and once again consistent enforcement of HOPA 16 regulations. What we call illegal saturation. 17 Could a two bedroom apartment become a two-family 18 apartment, with the negative impact upon the 19 building and community. 20 Next regarding the commercial 21 spaces. If you take a walk up south McLean 22 Avenue you will see one closed shop and store 23 after the next after the next. The area of 24 Yonkers Avenue, if you look up the block there 25 used to be a gasoline station that's been closed Page 50 1 Proceedings 50 2 down for quite some time. The question is what 3 type of commercial establishments would be go 4 into that ground floor? 5 Now, last week Mr. Veneruso made 6 reference to some sort of public that could be 7 included such that say we have use for drug 8 treatment center, something of this nature. We 9 believe would have a negative impact on the 10 community. Now, I'm certainly not an inspector. 11 I'm certainly not, I know zip, nothing about 12 zoning. So I express clearly my sentiments, but 13 as a lay person when I was reading the variances 14 requested on pages three and four of this 15 document I'm saying to myself, well, there's a 16 difference, what I would call reasonable 17 accommodation versus a request in essence to 18 trash the building codes. As I say, completely 19 totally unprofessional in terms of zoning and 20 dimensions, what have you. The impression that 21 got me that in so many cases the variances being 22 requested are far and above what in fact is 23 allowed by code. 24 Basically, these are the concerns 25 that we bring to this project. We'd like to hear Page 51 1 Proceedings 51 2 the words being spoken by Mr. Veneruso. It's one 3 thing to talk and talk, it's another thing to 4 walk the walk. Seeing substantive response to 5 these concerns, number one in black and white, 6 and number two signed off by Mr. Veneruso and his 7 clients such that they are in fact willing to tow 8 the mark. 9 THE CHAIRMAN: You were saying 10 something in the beginning of your presentation, 11 you said no to five things in the beginning of 12 your presentation? 13 MR. LONGARZO: Yes, initially in 14 the proposal here speaks about amenities, 15 according to the book, not what Mr. Veneruso 16 stated the following, it's in here, no cable, no 17 satellite, no internet, no microwave, no closets, 18 and then in addition to that, things that also 19 were not in here which we believe were going to 20 be were the no intercom buzzer, no intercom 21 phone. Those were some of the areas of concern. 22 THE CHAIRMAN: Any questions of 23 this gentleman? Thank you. Mr. Veneruso would 24 you step up, please? 25 MR. VENERUSO: Mr. Chairman, on Page 52 1 Proceedings 52 2 the issue of amenities. 3 THE CHAIRMAN: I didn't ask you a 4 question, I just asked to you step up. Number 5 one, on the low income apartments, how many are 6 there going to be? 7 MR. VENERUSO: The project would 8 allow up to 40 percent, under the program. 9 THE CHAIRMAN: My question to you 10 was how many are there going to be? 11 MR. VENERUSO: I have to consult 12 with my client, but under the program you're 13 allowed up to 40 percent. 14 THE CHAIRMAN: I just asked you a 15 question. There is 220 apartments, so I mean 50 16 percent would be 110, 40 percent would be 17 somewhere around 90. I learned that in high 18 school. 19 MR. VENERUSO: That's about right. 20 THE CHAIRMAN: I think it's about 21 90. I tell you what you're going to do, go 22 to your client and find out exactly what there 23 idea is. Then you're going to submit to the 24 Board in writing. I will give a chance to do 25 that in writing. Now whatever I guess comes to Page 53 1 Proceedings 53 2 this Board goes, I will designate two people here 3 tonight, I will let you know who to send them to. 4 Your question about amenities, sir? 5 MR. VENERUSO: Not a question, I 6 thought I made myself clear at the meeting we had 7 last week and tonight. Just as anybody else that 8 stands here, I'm subject to perjury. If I state 9 on the record those amenities we will stand 10 behind them. If we need to put it in writing I 11 will be glad to do that. But quite frankly, I'm 12 annoyed by that statement, if you will. I have a 13 reputation to uphold. I came here and put on the 14 record there will be an intercom system, there 15 will be video, there be a microwave in each unit. 16 There be intercom and there will be access to the 17 internet, cable access, as well. As to every 18 other amenity I pointed out at the meeting last 19 week, it was pointed out to us and I think I 20 stated on the record, we appreciated the fact 21 that the errors were pointed to us. It's 22 preferable for us to have that in there because 23 it would further help the market study and 24 demonstrate the type of building this is going to 25 be. So I will be glad to put it in writing. Page 54 1 Proceedings 54 2 THE CHAIRMAN: Can I ask you 3 because I for one know of your integrity, okay. 4 I have no problem with your integrity, sir, 5 believe me when I tell you. So you don't have to 6 put that in writing, I believe you. Any 7 questions of Mr. Veneruso? Mr. Burke? 8 MR. BURKE: Good evening, Mr. 9 Veneruso, you mentioned just now market study. I 10 don't know if I missed it or not but reading 11 through the principal points and everything else, 12 was there a needs assessment done as far as 13 senior housing in this part of Yonkers? 14 MR. VENERUSO: I believe that the 15 report which I will be glad to submit to the 16 Board, the 2004 count report which was a very in 17 depth report, I can certainly give a copy to the 18 Hyatt Association, made it clear that the demand 19 for 55 and over housing is acute. It made it 20 clear. Now we move ahead to 2010 and the report 21 that was done for this project confirmed that 22 assessment. 2004 report indicated there'd be a 23 34 percent increase, a demand then and continue 24 to increase over the years. So I believe that 25 that demonstrates the need, the acute need for Page 55 1 Proceedings 55 2 this type of housing. 3 MR. BURKE: Thank you. That's 4 all, Mr. Chairman. 5 THE CHAIRMAN: Thank you, Mr. 6 Veneruso. 7 MR. VENERUSO: One more point, if 8 I may make it. We're sensitive to the 9 community's concern regarding the low income 10 housing. But I would submit that a balance needs 11 to be struck. It has to be also a recognition 12 that as people age their incomes diminish. We do 13 have an acute problem. Again, I believe that 14 with a constructive dialogue we will hopefully 15 come to a point where we may not be in total 16 agreement, we can narrow that gap to a point 17 where this, as well as the other issues that have 18 been raised, leads to a project that I think we 19 all agree that this property has been blighted 20 for far too long. We want what the community 21 wants. We recognize that we need to listen to 22 them and we will continue to listen to them and 23 try to you strike a balance. Hopefully we will. 24 That's the spirit we're going to approach it. 25 THE CHAIRMAN: Thank you, Mr. Page 56 1 Proceedings 56 2 Veneruso. Is there anybody else to speak in 3 opposition? The gentleman in the back, please. 4 Are you an attorney, sir? 5 MR. WILSON: No. 6 (Speaker Sworn) 7 THE CHAIRMAN: State your name and 8 address. 9 MR. WILSON: My name is Larry 10 Wilson. I live 96 Kimball Terrace in Yonkers. 11 THE CHAIRMAN: Proceed, sir. 12 MR. WILSON: On March 24th I was 13 invited to a meeting here at City Hall to hear 14 about the proposed senior development on Yonkers 15 Avenue. After looking at the blighted Kimball 16 theater pretty much for the last 15 years since 17 it's been closed I heard senior housing and I was 18 immediately interested. We needed something new 19 in the neighborhood. I saw a gleaming artist's 20 rendering of a white brick building and heard 21 much a great deal about this project. I have to 22 say when I received the book indicating the 23 details of the project I was a little surprised 24 because we did hear, there is was no talk about 25 subsidies in the initial conversations. And Page 57 1 Proceedings 57 2 I had heard from our Councilman that the initial 3 question was posed about zero subsidies. Then at 4 our Hyatt meeting came to 20 percent subsidized 5 and now 40 percent. I really believe that 6 Mr. Veneruso does have a good point about Social 7 Security recipients, people on retirement 8 incomes. And I can understand that being a 9 factor in the way that this is all computed. I 10 have to say, though, the project is very big. 11 It's very big. I understand that the architect 12 took pains to sort of taper it like a cake. If 13 you look at the streetscapes that he showed, it 14 looks like a big box. It really does. It's out 15 of the character with the rest of the 16 neighborhood, certainly. Although there are 17 seven story apartment buildings and less along 18 Bronx River Road, I don't think there is a 15 19 story apartment building anywhere in east 20 Yonkers. 21 So along with that size comes 22 density and, of course, traffic problems. The 23 parking, 240 something spots for 220 units plus 24 the spots for retail, in a perfect world 25 Mr. Chairman, that may work. I know you took Page 58 1 Proceedings 58 2 your time to come down and visit us in the 3 neighborhood and took a walk around the site, if 4 I'm not mistaken around 9:00 a.m. one morning. 5 But Bronx River Road is a very, very busy street. 6 If you try to travel Bronx River Road I don't 7 care if you go north or south but at rush hour, 8 for instance, or even late in the afternoon, the 9 traffic is horrendous over there. If you talk 10 about traveling northbound as you raised the 11 question, traveling northbound to make a left 12 hand turn into that driveway, what about all the 13 south bound traffic flying down the street trying 14 to make that light. I wouldn't want to make that 15 turn. And it could be a very dangerous 16 proposition. Of course, you encourage people not 17 to make a left hand turn out of the driveway to 18 get on the Bronx River Parkway traveling north 19 but people are going to do it anyway. You have a 20 situation where the northbound lanes are backed 21 up anytime after 3:00. And there is just a lot 22 of traffic over there. I'm not an architect, I 23 didn't design the building, I'm just here to 24 respond to what I see. If they had no 25 alternative but to put a driveway there, I guess Page 59 1 Proceedings 59 2 they are going to have to have the responsibility 3 for those traffic problems. It's a component of 4 the design. I didn't design it but you have a 5 very business street there. I don't have much of 6 a problem with the Crescent Place entrance and 7 exit. It's relatively slow over there. But 8 Bronx River Road entrance and exit is problematic 9 to me. I know with two 120 units there was a 10 question raised in the two bedroom units about 11 one bathroom. Perhaps they will be able to 12 attract residents, renters, people to come and to 13 you live in a two bedroom unit with one bathroom. 14 Same with the parking. Perhaps they will be able 15 to attract tenants that have no car or only have 16 one car. But there is a potential here for 17 chaos. Absolutely no parking in the neighborhood 18 at the present. You cannot find a spot. On a 19 Sunday when you have visitors I don't know how 20 that's all going to pan out, Mr. Chairman. I 21 know that when I was in the neighborhood just on 22 Sunday I couldn't find a parking spot. I was 23 riding around and around the block. The parcels 24 is empty. So 221 units there, this is going to 25 put a strain. I'm not an engineer, not a traffic Page 60 1 Proceedings 60 2 engineer, but as Justin said, the City of 3 Yonkers, somebody, take a look at this traffic 4 plan because parking and traffic are a critical 5 matter. With this plan in place here it could be 6 serious. So I would hope there will be some more 7 discussion about this, Mr. Chairman. Thank you 8 very much for your time. Thank you. 9 THE CHAIRMAN: Thank you. Any 10 questions of this gentleman? Anybody else to 11 speak in opposition? This lady at the top, 12 please. Are you an attorney, ma'am. 13 MS. CLARK: No. 14 (Speaker Sworn) 15 THE CHAIRMAN: State your name and 16 address. 17 MS. CLARK: Robin Clark, I live 18 475 Bronx River Road which is right around the 19 corner from the proposed building. I have a few 20 comments and a couple questions, really. Just 21 briefly, when we were talking about the traffic, 22 the Crescent Avenue and Villa Avenue there, are 23 you aware that there is a grammar school there? 24 THE CHAIRMAN: Madam, talk to me. 25 MS. CLARK: There is a grammar Page 61 1 Proceedings 61 2 school there, lots of school buses and traffic 3 increases, just that Crescent Avenue, Villa 4 Avenue area. It's going to be dangerous for 5 little children, mothers and caregivers picking 6 up those kids. The other thing is there are also 7 two churches on Crescent Avenue. And those two 8 churches in and of themselves house three 9 congregations. One church housing two different 10 congregations within the one church building. So 11 those churches are not just active on Sunday. 12 They are also active during the week as most 13 churches across the country are with Bible study, 14 Fellowship gatherings. We have to consider the 15 congregations that those houses of God also 16 serve, as well as those children. 17 I have a bigger question to ask 18 at this point in time. One that concerned me as 19 a minister and as a person who works for St. 20 Vincent's in Harrison as a mental health 21 counselor and case alcoholism and substance abuse 22 counselor from Albany, and the question is this, 23 we're put this project in a neighborhood for 24 seniors, and that's great, yes studies have been 25 done duly endorsing senior housing. However, in Page 62 1 Proceedings 62 2 this particular position where are the geriatric 3 services? Where are the hospitals that are 4 nearby that these senior citizens can get to? 5 Where are the mental health facilities for these 6 seniors and the aid that seniors need in that 7 neighborhood? It does not exist. St. John's, 8 St. Joseph's are, yes, but they are on the other 9 side of Yonkers near Getty Square. I'm concerned 10 about that as a counselor and as a case worker 11 and mental health counselor because these seniors 12 are human beings who will need these services. 13 There is also not a grocery store. If you're a 14 senior and you're having trouble getting around 15 to begin with, where are you going to get your 16 food? Certainly not from the pizzeria retailer 17 below the building. You need to buy milk and 18 bread and yogurt. Where am I going to get that? 19 The only recourse I have is if I can ask a 20 relative or a friend to drive over and bring me 21 groceries because you can't walk to the nearest 22 grocery store. Or perhaps if you have the money 23 you can get the P-Pack truck to come in. That's 24 going to cause more traffic. So I'm asking about 25 these essential services that senior citizens Page 63 1 Proceedings 63 2 truly need to live the kind of quality of life 3 that we in Yonkers want to provide our senior 4 residents. That kind of quality is not available 5 in this particular location of Yonkers. 6 THE CHAIRMAN: Thank you. Any 7 questions of they lady? Mr. Blanchard? 8 MR. BLANCHARD: Two questions, one 9 about the churches. These two churches you said, 10 do these churches have any parking at all? 11 MS. CLARK: On the street. 12 MR. BLANCHARD: On the street 13 only? They have no parking? 14 MS. CLARK: No they do not. 15 MR. BLANCHARD: My second question 16 is this, how many senior citizens would you say 17 are in the east side of Yonkers in that area? 18 Would you say there are a lot of senior citizens 19 there now? 20 MS. CLARK: A good number. I 21 wouldn't say it was by and large the majority. 22 MR. BLANCHARD: If we come along 23 with a building like this and we put provisions 24 for senior citizens there will be that many more. 25 Now a satellite like St. John's, if St. John's Page 64 1 Proceedings 64 2 had a satellite in an area like that it would be 3 worth it for them to do something like that 4 because now you have more senior citizens than 5 you have before. Maybe now there is not many 6 there now that can travel to Lawrence, 7 St. John's, St. Joseph's, whatever it is. But if 8 you have a congregation of senior citizens, a lot 9 more than you had before, it would be worth it 10 for them to look into putting something closer to 11 that building. I shouldn't say that building, in 12 that area and it would be very convenient for the 13 people. Hopefully, if I was a businessman to 14 help seniors and there wasn't very many at that 15 end I wouldn't put any down there because they 16 wouldn't come to me. But if we had people come 17 to go live there, which hopefully that's going to 18 happen, then it would be worth it for somebody to 19 invest in some hospital to kind of move things 20 over to that end of town. It would help satisfy 21 the needs of the people that are going to live 22 there and for the people that will live in the 23 area. So I think that question about not having 24 any health for these people I think that would 25 change if the area became populated with seniors. Page 65 1 Proceedings 65 2 MS. CLARK: I would have to, with 3 the tenor of the way healthcare is going on in 4 this country, particularly in Westchester County, 5 I would have to have grave doubts of that 6 because, number one, we have hospitals closing in 7 the area, not opening and not relocating. St. 8 Vincent's in New York City closed. We have 9 Harrison which is now being bought by 10 St. Joseph's. St. John's didn't have the money 11 to come to the table. St. Joseph's is now 12 invested in St. Vincent's in Harrison. If there 13 was money available for seniors we would have at 14 Mount Vernon Hospital a lot more money and grants 15 to be able to launch that facility which is 16 terribly underfunded at this point in time. As 17 most of us in this room know, has been in danger 18 of closing for a good number of years, a lot of 19 geriatric facilities are nonexistent now for 20 senior citizens. 21 MR. BLANCHARD: You take 22 St. Joseph's Hospital, Sister Lenehan made a 23 dynasty out of it. It's a great place. Now 24 don't you think that the Mount Vernon Hospital 25 maybe would be easier for them to get a grant if Page 66 1 Proceedings 66 2 the population was a little closer to them? I'm 3 just saying maybe as the gentleman said before, 4 I'm not an expert either, but these hospitals are 5 there and they are getting money if it's 6 available, if there is a reason for it to be able 7 available. I think this is a good reason. These 8 people are going to move into that area. We have 9 people in there now in their homes, maybe could 10 get a ride from son or daughter or the ambulance 11 system is very good. But if we have an 12 accumulation of seniors that live there I think 13 maybe Mount Vernon would possibly get a grant. I 14 think maybe St. Joseph's would have satellites, 15 this is just maybe. But they would have more 16 reason to do something like that. I think if the 17 people came, the reason would be there to help 18 these people. God knows, we all need help. They 19 have would in turn, I'm sure, if they saw the 20 need, somebody can say we need a satellite, an 21 office over there. Maybe we can have a chance of 22 getting a grant because of this. I just feel 23 hospitals are not going to let these people down. 24 If the need is there I'm sure somehow or other 25 it's going to work out. That's my feeling. Page 67 1 Proceedings 67 2 MS. CLARK: That's lovely. 3 THE CHAIRMAN: Mr. Blanchard, 4 anything else to say? 5 MR. BLANCHARD: I'm done, 6 thank you. 7 THE CHAIRMAN: Anybody else here 8 tonight to speak in opposition? Madam, are you 9 an attorney, ma'am? 10 MS. PETRONE: Yes, I am. 11 THE CHAIRMAN: State your name and 12 address, please. 13 MS. PETRONE: Evelyn Petrone, 399 14 Knollwood Road, White Plains, New York. I'm here 15 to represent 475 Bronx River Road and 52 Yonkers 16 Terrace, which is also a co-op. My client 475 17 Bronx River Road is on the corner of Sherwood and 18 Bronx River Road, as you saw. And they are 19 directly impacted by every aspect of this 20 project. 21 52 Yonkers Terrace is a little 22 further away and slightly less impacted, however, 23 they are impacted by the important security, 24 parking issues that we have all been hearing 25 about tonight. Page 68 1 Proceedings 68 2 I'm going to just touch on a 3 couple things briefly. 4 THE CHAIRMAN: Since you're an 5 attorney, Mr. Veneruso, do you want to come 6 closer so you can hear? 7 MS. PETRONE: First, I would like 8 to express my thanks, however, to Mr. Veneruso 9 and his client for having us at his office for 10 several hours last week to go over some of my 11 clients' concerns which mainly have been 12 reiterated here tonight. I'm not going to bore 13 the Board on area variances, I'm sure you know 14 them as well as use variances. I will bring up 15 the fact that my clients particularly are 16 concerned about the loss of the Crescent Place 17 parking lot. We know the applicant has stated 18 that there are going to be 11 spots in that lot. 19 But right now it's a municipal run lot. It's 20 very affordable for the people in the 21 neighborhood. In fact my client, residents in my 22 client's building, many of them do park in that 23 lot overnight. They pay the City of Yonkers, 24 whoever is running that lot a reasonable and fair 25 amount of money to park there. When we asked the Page 69 1 Proceedings 69 2 applicant in the meeting in Mr. Veneruso's office 3 what was the charge for temporary spots set up? 4 I believe he said $150 a month. That's almost 5 double, if not double what the Crescent lot 6 costs. $150 a month is not affordable for my 7 client residents to pay to park in that Crescent 8 Street lot. In addition to that we have no 9 commitment that that lot is going to be 10 dedicated -- I'm just using that word loosely -- 11 dedicated for use of the residents in the area 12 the way it is now. The applicant will own that 13 lot and will be able to do whatever it wants with 14 it and be able to charge whatever it wants and it 15 maybe effectively be taking down parking that 16 currently approximately 13 parking spots away 17 from the community. 18 Secondly, there's also now 19 parking on Yonkers Avenue, parking meters. Now I 20 know that's not overnight parking but it is 21 available parking. We don't know whether that 22 parking is going to be available during 23 construction, most assuredly not, and after 24 construction when Yonkers and the city determines 25 to make new rules about traffic and streets and Page 70 1 Proceedings 70 2 parking in the area. Those meters may be taken 3 away and those spots will no longer be available. 4 THE CHAIRMAN: Those are meters in 5 the parking lot right now? 6 MS. PETRONE: I'm talking about 7 Yonkers Avenue along the site. In the back on 8 Crescent Street, Crescent Place. 9 THE CHAIRMAN: They are rented by 10 some of your clients? 11 MS. PETRONE: Rented by some of my 12 clients over night. In addition, the problem 13 with traffic on Sherwood Avenue, whether it's a 14 traffic study or not, I think the reality is 15 going to be that there are going to be a lot of 16 people turn up Sherwood Avenue to get into the 17 site from that back entranceway. That there is 18 going to be noise, fumes associated with that. 19 In addition to the numerous cars that are going 20 to be going up there. 21 And the other thing my client is 22 particularly concerned about, I know we saw the 23 shadow renderings that winter time period from 24 September to March, it's going to be very dark. 25 My client now enjoys light coming into that side Page 71 1 Proceedings 71 2 of the building all the time because the houses 3 right on Sherwood across the street are low, they 4 are two and a half stories, at the most. This is 5 going to triple the side of the shadow and it's 6 going to be on my client's property almost the 7 entire midday until it gets dark at night. Gets 8 dark early in the winter. My client is opposed 9 to that. 10 In addition, we engaged Parish 11 and Weiner, a planning consulting firm, to review 12 the document that the applicant put out, the 13 extended environmental assessment. Parish and 14 Weiner has addressed a memo to the Board, which I 15 have seven copies here to give you and also one 16 for Mr. Veneruso, I'd like to present that to you 17 and very quickly summarize it. So I'm just going 18 to very, have briefly summarize the report. 19 THE CHAIRMAN: Before you 20 summarize I'm going to ask you to do one thing. 21 When you go back to your office send five more 22 copies of this to the Building Department. Also 23 I'm going to designate two people tonight from 24 the area and make sure those two people get a 25 copy. Okay? Page 72 1 Proceedings 72 2 MS. PETRONE: Okay. The essential 3 point of the Parish and Weiner memo are that 4 SEQRA and a full EIS are required, that the 5 height and FAR are excessive and not compatible 6 with the community. There will be excessive 7 visual and traffic and parking impacts. The 8 requirements for the height and FAR variances are 9 not met by the applicant in it's application. 10 The environmental impacts include a 15 story 11 building being out of character in the 12 neighborhood of six and seven story multi-family 13 buildings and one and two story houses. The 14 height increases is excessive, as is the density. 15 Large impact to the aesthetics in the 16 neighborhood. Height and FAR will set an 17 important adverse precedent for future projects 18 in the neighborhood if this is permitted and 19 other tall dense buildings will likewise be able 20 to come into the area. Notwithstanding the 21 traffic study, there will be a large impact on 22 traffic, parking and safety. A large adverse 23 impact on the community facilities including the 24 loss of affordable municipal parking lot we 25 discussed, and not to mention the noise and air Page 73 1 Proceedings 73 2 quality during the construction. Height variance 3 significant, 47 percent in terms of feet and 128 4 percent to 167 percent in terms of stories as 5 compared to the existing building. The proposed 6 FAR is double the allowable FAR which results in 7 the density of two times lot amount of designated 8 light. 9 Further, a variance should not be 10 granted in order for the applicant to maximum his 11 use of the property. Rather if any variance 12 should be minimal. And we propose a smaller 13 project could be built. If in fact he has not 14 shown us what a project as of right could be -- 15 digressing a little bit now from the Parish 16 memo -- there's no opposition from the community 17 for improving the area and from building a 18 residential building there. We believe something 19 is needed here. We believe a residential 20 building, and in fact 55 and over building would 21 be preferable. But we believe that it could be 22 much smaller, much less environmental impact. 23 And further that possibly even a building that 24 could be build as of right could go there. I'm 25 skipping over some things that have already been Page 74 1 Proceedings 74 2 discussed. 3 There is a serious problem or 4 potential problem of enforcement of the proposed 5 55 and over component of the development. 6 Especially, three or five years or 10 years down 7 the ROAD when possibly the builder may not own 8 the building anymore, maybe someone not as 9 committed to the type of building that the 10 developer wants to build and the visions which he 11 said, many social aspects and demonstrated to us 12 at our meeting in Mr. Veneruso's office. 13 The other think I want to mention 14 is that legally under the law state property 15 maintenance code, not withstanding the federal 16 statute that Mr. Veneruso brought to our 17 attention just today, there could be four 18 occupants in a two bedroom apartment. Legally, 19 as long as there's a significant enough square 20 footage, so it meets the proper maintenance code, 21 two people in each bedroom. That would be legal. 22 That would possibly be four cars for that 23 particular two bedroom. We did bring up the 24 possibility of a 55 year old man with a 40 year 25 old wife or significant other who bears a child. Page 75 1 Proceedings 75 2 Now you have children in the development. The 3 whole idea is not to have additional children in 4 the neighborhood, so that impacts on the school 5 will not be increased. 6 My client at 475 Bronx River Road 7 has had terrible problems every year with the bus 8 stop, bus stop right in front of building or the 9 street caused problems with children running all 10 over the place in and out of the street on the 11 property, on the flowers. If there are more 12 children in the neighborhood, not that they are 13 against children, but it will increase that 14 problem. And the problem with enforcement of 15 these restrictions that the applicant has decided 16 will be beneficial to this building are going to 17 be a problem. We just can't foresee a way to 18 enforce it. And if the applicant can show us 19 a way, or the Zoning Board puts conditions on the 20 approvals that it grant is at some point in time, 21 whatever those approvals may be, we would 22 appreciate there would be some teeth in the 23 enforcement of the 55 and older community. 24 And I believe that's all I have 25 say. Page 76 1 Proceedings 76 2 THE CHAIRMAN: Any questions of 3 this lady? This Parish and Weiner Planning 4 development traffic consultants. This is the 5 first time we have been given this? 6 MS. PETRONE: Correct, I received 7 this a couple days ago, yes. 8 THE CHAIRMAN: Any questions of 9 this lady? Thank you, Madam. Anybody else to 10 speak in opposition? Mr. Veneruso? 11 MR. VENERUSO: First and foremost, 12 I'd like to state for the record, Miss Petrone 13 indicated she got the report several days ago. I 14 find it highly irregular that it's presented 15 tonight. I'm all for transparency, I'm all for 16 communication, all for sharing, all for meetings, 17 but I'm not for a demonstration I just saw where 18 a report is submitted. I have not had the 19 opportunity to read it, was not told about it. 20 We had a conversation today, it wasn't mentioned. 21 So I would like to state that for the record. 22 We're going to move forward, I want an 23 understanding that's not going to happen. That's 24 one. 25 Number two, at the meeting that Page 77 1 Proceedings 77 2 was held in my office last week, there was a 3 discussion about the lot and those using it at 4 the present time. My client indicated that he 5 was willing to discuss, consider whether to work 6 something out so that those residents using it 7 will continue to use it. We're glad to have that 8 dialogue. As for this report, again, just 9 received it tonight, have not had the ability to 10 obviously discuss it with my client, the 11 planners, the Architect. I just want an 12 understanding, because I have tried very hard 13 whenever I have given anything, not tried I did, 14 anytime something was submitted it was 15 automatically submitted to the Hyatt Association 16 and Miss Petrone. I will continue to do that, 17 I will continue, although I'm upset, I will 18 continue to dialogue on this in a manner that is 19 constructive for my client and the community but 20 we need to have that understanding. 21 THE CHAIRMAN: That's the way it's 22 going to be done, okay. I'll say it right now, 23 listen up, please. Anything that you submit to 24 this Board you submit to this gentleman here and 25 the gentleman over there, the two gentlemen Page 78 1 Proceedings 78 2 with the white hair. That's fine. Everything 3 comes to this Board within 10 days of the next 4 meeting. Anything you give -- I'm not accepting 5 that night. Fair warning. I'm the Chairman of 6 the Board, I make the rules. You will do what I 7 tell you to do. Anything you submit to this 8 Board has got to go to Mr. Veneruso and submitted 9 10 days before the next hearing. I will give 10 you, Madam, and anybody else these people are 11 here, I will give you the opportunity to answer 12 Mr. Veneruso and I will give Mr. Veneruso the 13 opportunity to answer you or anybody else. Okay? 14 MS. PETRONE: Yes. 15 THE CHAIRMAN: I'm the Chairman of 16 the Board here a long time. That's the way it 17 is, you understand me? 18 MS. PETRONE: Yes, I do. 19 THE CHAIRMAN: Let the record 20 reflect, Miss Farrell, we're going to continue 21 this hearing. I want to you leave the signs up, 22 I want to you send out new notices. We'll 23 continue this hearing, October, November what's 24 convenient for you, sir? 25 MR. VENERUSO: November. Page 79 1 Proceedings 79 2 THE CHAIRMAN: Is that okay 3 with you, madam? 4 MS. PETRONE: Yes, sir. 5 THE CHAIRMAN: Okay with everybody 6 else? We will continue the hearing in November. 7 I'm going to ask the Building Commissioner to put 8 this on for the first case. We will probably 9 have some decisions that night. The way I handle 10 the decisions I ask Mr. Romano if his client is 11 here, if he minds to put it at the back of the 12 meeting he agrees to it. If somebody is here 13 waiting for a decision we're going to hear that 14 decision. So in other words, it may not start 15 6:00 right away, might be a little later. Okay, 16 so this will be on in November. 17 MR. VENERUSO: Thank you. 18 THE CHAIRMAN: I make motion to 19 continue this hearing to November. Do I have a 20 second? 21 MS. LITTLE: Second. 22 THE CHAIRMAN: On the motion, Mr. 23 Landi? 24 MR. LANDI: For the motion. 25 THE CHAIRMAN: Mr. Blanchard? Page 80 1 Proceedings 80 2 MR. BLANCHARD: For the motion. 3 THE CHAIRMAN: Mrs. Little? 4 MS. LITTLE: For the motion. 5 THE CHAIRMAN: Mr. Singh? 6 MR. SINGH: For the motion. 7 THE CHAIRMAN: Mr. Burke? 8 MR. BURKE: For the motion. 9 THE CHAIRMAN: The Chairman votes 10 for the motion. Motion carried 6-1 absent. 11 See you in November, thank you. 12 THE CHAIRMAN: How many people 13 here tonight on 251 Valentine Lane, raise your 14 hand. How many people are on 1024 Yonkers 15 Avenue? How many people on 475 Kimball Avenue? 16 Mr. Romano wants me to take 251 Valentine Lane 17 first. So we will take 251 Valentine lane first. 18 This case is case 5242, area 19 variance, Mr. Romano, Esquire, on behalf of 20 Benito, Lopez, owner, for interior alterations to 21 convert an existing one family and dentist office 22 to a four family multiple. Having insufficient 23 side yard, Section 43-27, Table 43-3, required 24 16/32 feet, proposed 3.96/16.46. Insufficient 25 driveway width, required 20 feet to 30 feet, Page 81 1 Proceedings 81 2 proposed less than 12.5 feet, Reference YZO 3 43-121.D(4) Illustration 28. Insufficient front 4 yard, Section 43-27, Table 43-3, required 25 5 feet, proposed 2.5 feet on premises known as 251 6 Valentine Lane, Block 124, Lot 58 in an A zone. 7 Mr. Romano, everybody within a 8 200 foot zone notified? 9 MR. ROMANO: Yes, sir, 10 Mr. Chairman. 11 THE CHAIRMAN: Anything come back 12 undeliverable? 13 MR. ROMANO: One, Mr. Chairman. 14 THE CHAIRMAN: Give that to the 15 Commissioner at the end. 16 MR. ROMANO: Yes. 17 THE CHAIRMAN: Is there anybody 18 here tonight on this case? This case is on 19 Valentine Lane between Grey Place and South 20 Broadway. Anybody here tonight on this case? 21 Proceed, Mr. Romano. 22 MR. ROMANO: Mr. Chairman, the 23 premises have a legal CO for a one family 24 dwelling with a doctor's office. The Board had 25 permitted a conversion to a four family dwelling Page 82 1 Proceedings 82 2 only in 1994 -- I'm sorry, 1996, but over the 3 course of time the permit and CO were never 4 completed. We had asked and the Board graciously 5 granted extensions in the past. My client 6 purchased the premises five years ago and 7 proceeded to correct what was outstanding to make 8 it into a legal four family. However, it was 9 discovered that a permit and CO were never 10 issued, so my client once again asked for an 11 extension of the property. All the work has been 12 done on the premises. The stoves, refrigerators, 13 smoke detectors, carbon monoxide detectors, 14 everything, except the parking lot has to be 15 fixed. But the Board suggested with a letter 16 that we come back to the Board to reapply for a 17 variance to be approved. So of we have come back 18 before the Board. 19 The variance, as the Board had 20 said previously are not substantial in nature. I 21 have attached the Board's previous decision by 22 the Planning Board, as well as the Traffic 23 Engineer, which conditions remain virtually the 24 same as it has since 1996 when the Board 25 originally approved it. Page 83 1 Proceedings 83 2 We don't believe there's any 3 adverse physical or environmental impact on the 4 premises, will remain the same, just supported by 5 the fact that my client performed the work 6 necessary for the conversion and the fact the 7 Board has already made a determination on this 8 that it will meet the Building, Housing, 9 environmental, parking regulations except as 10 stated on the objection letter. Air, light and 11 greenery will remain the same as previously. 12 We're not changing the exterior of the house 13 merely reconfiguring to it make it a one family 14 and doctor's office to have a four family. The 15 premises will still be in character of the 16 surrounding neighborhood, does consist of a mix 17 of one, two, three family houses and apartment 18 houses in the neighborhood which is similar if 19 not the same as in 1996. The variances cannot be 20 obviated, land cannot be acquired on either side 21 without causing potential variances to those 22 properties. And most of the work has been 23 performed on the property already. 24 So we're really just asking the 25 Board to allow to us obtain a final building Page 84 1 Proceedings 84 2 permit and final CO as the work has been 3 performed. We believe the previous Board 4 decision should stand. I can't see any changes 5 in the decision that was previously issued in 6 1996. 7 The hardship may be self-created, 8 but in looking at the history there was problems 9 with the lenders, the person had the before the 10 Board passed away. My client basically had 11 performed all the work necessary to obtain the 12 CO. When it was discovered we didn't have the CO 13 and we asked the Board for an extension the Board 14 asked us to come back and we have done that. My 15 client is here. 16 THE CHAIRMAN: You have four 17 families now, no dentist? 18 MR. ROMANO: Correct. 19 THE CHAIRMAN: Only four families? 20 MR. ROMANO: Yes, sir. 21 THE CHAIRMAN: I'm going to need 22 and affidavit signed by all four families and 23 your client stating there's four families living 24 there. 25 MR. ROMANO: Yes, sir. Page 85 1 Proceedings 85 2 THE CHAIRMAN: I want to see the 3 parking lot lined, white lines, yellow lines. I 4 will be there soon. Don't give me the excuse 5 it's snowing out. I want to see the lines. 6 MR. ROMANO: Okay. 7 THE CHAIRMAN: It was suppose to 8 be lined back in 1994. 9 MR. ROMANO:'96. 10 THE CHAIRMAN: Any business 11 operating out of the property? 12 MR. ROMANO: No, sir. 13 THE CHAIRMAN: All the taxes paid 14 in full? 15 MR. ROMANO: The taxes are being 16 paid in full. I understand it was assessed, it's 17 a four family several years ago but I will 18 confirm that to the Board prior to the next 19 meeting. 20 THE CHAIRMAN: You're going to 21 confirm that from the city assessor that they are 22 paying taxes on a four family and how long they 23 have been paid for, I want to know. 24 MR. ROMANO: I will find out, sir. 25 THE CHAIRMAN: You say the taxes Page 86 1 Proceedings 86 2 are paid in full, right? 3 MR. ROMANO: Yes, sir. 4 THE CHAIRMAN: Send me the 5 affidavit with the four names of the four 6 families and the owner stating that these are the 7 four families only, no more. Put also that the 8 taxes are paid in full, sign that, too. 9 MR. ROMANO: Yes, sir. 10 THE CHAIRMAN: Is the fire alarm 11 and smoke alarm installed and hot wired to a 12 central office? 13 MR. ROMANO: The smoke detectors 14 are in, carbon monoxide detectors in, yes, sir 15 hard wired. 16 THE CHAIRMAN: To a central 17 office? 18 MR. ROMANO: Yes, sir. It's 19 there. 20 THE CHAIRMAN: I will take your 21 word for it. We have given you a lot of 22 extensions. 23 MR. ROMANO: Yes, sir, you have. 24 THE CHAIRMAN: Have all the fees 25 for the extensions been paid? Page 87 1 Proceedings 87 2 MR. ROMANO: To the best of my 3 knowledge, yes, sir. 4 THE CHAIRMAN: Now we're back to 5 the best my knowledge. That's not what I want to 6 hear, I want to hear yes or no. If it's no, 7 that's fine we will find out how much you owe and 8 you will pay it before you get a decision. And 9 if it's yes, then you will give us an affidavit. 10 MR. ROMANO: I can't say yes. 11 Usually what happens is when I go there they tell 12 me what is owed, they have not told me my client 13 owes any money. 14 THE CHAIRMAN: I understand, you 15 hang around the Building Department. You go to 16 the Building Department probably tomorrow and ask 17 them what's owed, okay? 18 MR. ROMANO: Exactly. 19 THE CHAIRMAN: How many kitchens, 20 four kitchens? 21 MR. ROMANO: Yes, sir, four 22 kitchens. 23 THE CHAIRMAN: There's no in-law 24 set ups? 25 MR. ROMANO: No. Page 88 1 Proceedings 88 2 THE CHAIRMAN: Any questions of 3 the Board? Anybody here to night in favor of 4 this application? Anybody here tonight in 5 opposition? Would you like to sum-up, Mr. 6 Romano? 7 MR. ROMANO: No, sir, that's okay, 8 Mr. Chairman. 9 THE CHAIRMAN: This case is hereby 10 closed, reserve the right to reopen for any 11 reasoning whatsoever, any time whatsoever. That 12 includes after decision is made. 13 MR. ROMANO: Thank you. 14 THE CHAIRMAN: Next case is 15 Mr. Romano again, 5243 area variance, Andrew 16 Romano, Esquire, on behalf of Paul Oteri, owner, 17 for interior alterations to convert office space 18 into retail space. Having insufficient parking, 19 Section 43-128, Table 43-4, one additional space 20 required, zero spaces proposed, on premises known 21 as 1022 also known as 1024 Yonkers Avenue, Block 22 6163, Lot 12, B zone. 23 Mr. Romano, has everybody within 24 200 foot radius been notified sir? 25 MR. ROMANO: Yes, sir, Page 89 1 Proceedings 89 2 Mr. Chairman. 3 THE CHAIRMAN: Anything come back 4 undeliverable? 5 MR. ROMANO: Four returns out of 6 37. 7 THE CHAIRMAN: Give them to the 8 Commissioner at the end of the hearing, please. 9 MR. ROMANO: Yes, sir. 10 THE CHAIRMAN: Anybody here on 11 this case? This case is on the south side of 12 Yonkers Avenue, Hildreth Avenue and Abner Place, 13 on the corner. Anybody here? Would you like to 14 come up so you can hear better. 15 Proceed, Mr. Romano. 16 MR. ROMANO: Mr. Chairman, I 17 represent Paul Oteri, the owner of the premises 18 for over 30 years. The premises basically is a 19 storefront Containing three units located in a B 20 zone that had previously been retail for all the 21 units. Some time ago one of the units became an 22 office and the office moved out. So my client 23 seeks to reput in a retail store, determination 24 of the type of store has not been made. He wants 25 to reinstate what was already there. However, Page 90 1 Proceedings 90 2 because the parking regulations changed from 3 office to retail he is short one additional 4 parking space for the unit that had been retail 5 previously existing. 6 We believe the variance, area 7 variance should be approved based on the 8 following information. Variance is not 9 substantial nature. We need only one parking 10 space for existing building that was retail 11 before. We believe that this is minimal and only 12 due to the change, as I said before, from office 13 to retail. Character would not change, not 14 change the building, not change the structure, 15 not adding to the footprint. Exactly the same as 16 it was before. When it was office and when it 17 was retail. This is shown on the area map and 18 photos and site visits. 19 Clearly, there will be no adverse 20 eenvironmental impact, changes in the 21 neighborhood, same air and light, same use, 22 applicant will become current with the building 23 violation, safety codes, thereby maintaining the 24 safety, structure and hence the surrounding area. 25 The variance cannot be obviated, it's an existing Page 91 1 Proceedings 91 2 structure. There is no other land for the 3 applicant to obtain. And to reduce the size of 4 the premises to a comply with code would be 5 contrary to the application which is maintaining 6 the same structure and the use that had 7 previously existed was retail. it's not a 8 self-created hardship, really based on the 9 location of the lot and structure and the fact 10 that the parking regulations has changed, create 11 a one parking lot variance. 12 We believe that in balancing the 13 five factors of an area variance, the benefit to 14 the applicant is substantial, necessary to 15 maintain the premises without any detriment to 16 the surrounding area. As stated before, former 17 use of retail. Thank you, Mr. Chairman. 18 THE CHAIRMAN: Do you have a 19 survey? 20 MR. ROMANO: I do not have a 21 survey with me here, Mr. Chairman. 22 THE CHAIRMAN: I'm going to ask 23 you for a survey. 24 MR. ROMANO: Yes, sir. 25 THE CHAIRMAN: Ten days before Page 92 1 Proceedings 92 2 next hearing. 3 MR. ROMANO: Yes, sir. 4 THE CHAIRMAN: Is the building 5 sprinklered? 6 MR. ROMANO: I do not know, 7 Mr. Chairman. I will ask that. 8 THE CHAIRMAN: You can ask your 9 client now. 10 MR. ROMANO: He could not be here 11 tonight, he was suppose to be here, he called 12 saying he had an emergency. I don't know the 13 nature. He's pretty responsible, Mr. Chairman. 14 THE CHAIRMAN: We're going to 15 accept your survey, you don't need a survey. Is 16 that okay? I thought you said you had a CO? 17 MR. ROMANO: Yes, sir I do. 18 THE CHAIRMAN: Do I have it? 19 MR. ROMANO: You should have it. 20 I have several C.O.'s. 21 THE CHAIRMAN: The Commissioner 22 just showed it to me, I got it. I have three 23 C.O.'s. I have seen them before. 24 Let me ask you a question, is 25 this variance a little premature? Page 93 1 Proceedings 93 2 MR. ROMANO: Well, my client has 3 people that want to come there and he wants to go 4 in as a retail space. What he did was he filed 5 in order to get the change with the anticipation 6 to have a store commitment. I think he's a 7 little premature, he jumped the gun but he 8 figures, and I agree with him, that if the Board 9 approves this we could actually get a vanilla box 10 and someone come in and complete the work within 11 three, four months. We had this before, we 12 didn't jump the gun, we were not able to get a 13 tenant say, three, four months, some people shy 14 away. That happened to Mr. Oteri in the past. 15 Yes, a little premature, he feels if he has this 16 approved for retail it will be a lot easier to 17 have someone come into the premises. 18 THE CHAIRMAN: You realize there 19 are some businesses like restaurants that require 20 more spaces? 21 MR. ROMANO: That is true, this 22 will not be a restaurant, Mr. Chairman, too 23 small. 24 THE CHAIRMAN: Not a Subway? 25 MR. ROMANO: No, sir. Page 94 1 Proceedings 94 2 THE CHAIRMAN: Any questions of 3 the Board? Mr. Landi? 4 MR. LANDI: Mr. Chairman, we went 5 on a site visit and noticed there was some 6 parking behind the buildings, can you explain 7 what that parking is behind the building? Is 8 there an apartment back there? 9 MR. ROMANO: I'm not aware of an 10 apartment back there. I can find out, Mr. Landi. 11 MR. LANDI: There were some 12 vehicles parked back there, the gate closed and 13 locked. It looked like a residence but I don't 14 know what it is. 15 MR. ROMANO: I can find out, I can 16 advise you. 17 THE CHAIRMAN: Here is what you're 18 going to find out because I was over there. In 19 the back there's a lot, we believe there might be 20 a person maybe living over one of the stores, we 21 don't know. There's some equipment or trucks 22 parked back there, vans or something. We want to 23 know, number one, who owns it, is it part of 24 Mr. Oteri's situation? Then we want to know why 25 he doesn't use that? Page 95 1 Proceedings 95 2 MR. ROMANO: I will find out. 3 THE CHAIRMAN: Any questions of 4 the Board? Anybody here tonight in favor of this 5 application? Anybody here tonight in opposition? 6 This gentleman? Are you an attorney, sir? 7 MR. WILSON: No. 8 THE CHAIRMAN: State your name and 9 address. 10 MR. WILSON: Larry Wilson, I live 11 96 Kimball Terrace in Yonkers. 12 THE CHAIRMAN: You were already 13 sworn in so you're still under oath. 14 Proceed. 15 MR. WILSON: May I ask Mr. Romano 16 a question? 17 THE CHAIRMAN: You can ask me the 18 question, I will see if I want to ask him. 19 MR. WILSON: We know there's been 20 activity there, we have seen people in and out of 21 there taking stuff in and out. I'm sort of 22 curious if there has not be a deposit taken, for 23 instance. I'm not saying there was a lease 24 negotiated. But there is a buzz in the 25 neighborhood about the type of use that will take Page 96 1 Proceedings 96 2 place there. There's definitely an apartment 3 upstairs. The people that own the deli next door 4 live upstairs. it's an elderly couple, concerned 5 about the use and the noise and concerned about 6 the parking lot in the back. There have been 7 incidents, I saw people working on cars back 8 there at one time. There was no paper on the 9 glass for many years. All of a sudden there was 10 paper on the glass and there was activity and 11 people moving stuff in and out, cars in the back. 12 Music playing. And the people upstairs called me 13 and asked me if I knew what was going on. So I 14 heard rumors about a use, Mr. Chairman, I can't 15 really comment on. But I'm really here tonight 16 to know more. Know more about the use. 17 THE CHAIRMAN: You don't want to 18 the tell me about the buzz you heard? 19 MR. WILSON: I heard furniture, a 20 seller of used furniture. I just want to say as 21 an aside, Mr. Chairman, down there at the Kimball 22 theater for years there was used furniture out on 23 the sidewalks over there. Those people have been 24 displaced with the closing of the Kimball 25 theater, I'm little worried they are looking for Page 97 1 Proceedings 97 2 additional space and coming up there. I don't 3 know if that's true. Might be a rumor, not 4 lending any credence to do it. I'm just 5 wondering if they will be selling furniture out 6 of the establishment. 7 THE CHAIRMAN: Any questions of 8 this gentleman? Thank you. Anybody else to 9 speak in opposition? Mr. Romano, is it going to 10 be a used furniture business? 11 MR. ROMANO: We have nothing, 12 nothing settled. I'm not aware of it. If you 13 want, Mr. Chairman, I can find out. 14 THE CHAIRMAN: I asked you a 15 question, is it a used furniture business? 16 MR. ROMANO: No. We have no 17 lease. 18 THE CHAIRMAN: You're going to 19 answer that, does he have any contemplation 20 putting a used furniture in there? He's going to 21 have to sign a letter to us saying yes or no if 22 he's thinking about it or not. 23 MR. ROMANO: I got it. 24 THE CHAIRMAN: It's a little 25 suspicious looking for one space, I'm wondering Page 98 1 Proceedings 98 2 to myself, what are we going to put in here? I'm 3 trying to remember why it's so premature. Why 4 not wait until you get a client? You might get a 5 client that doesn't need a parking space. 6 MR. ROMANO: That's very true, 7 it's based on square feet. 8 THE CHAIRMAN: He could be wasting 9 his money. He has the right to come here but 10 here is the other thing I want, I'm going to come 11 over some day next week. I will call the 12 Commissioner or have the Commissioner call me, we 13 talk almost every day. He's my friend, I will 14 call the Commissioner, we will come over there 15 and look at this. Have your client there, 16 somebody representing your client to open the 17 doors, okay? 18 MR. ROMANO: Yes. 19 THE CHAIRMAN: I might bring 20 another Board member with me. If you would like 21 to call us to find on it when that meeting is 22 call Monday or Tuesday, you're welcome to come 23 over also. Is that gentleman welcome into the 24 place with me? 25 MR. ROMANO: Yes, sir. Page 99 1 Proceedings 99 2 THE CHAIRMAN: Mr. Schneider, set 3 it up. Any other questions of Mr. Romano? Would 4 you like to sum up, sir? 5 MR. ROMANO: That's all right, Mr. 6 Chairman. 7 THE CHAIRMAN: This case is hereby 8 closed, reserve the right to be reopened any 9 reason whatsoever, any time whatsoever, that 10 includes after decision. Thank you, Mr. Romano. 11 Case 5244, area variance and 12 improvement of and intensification to a 13 non-conforming use, Mr. Romano on behalf of 14 Jeffrey Lebron, owner, to permit dormers on the 15 second floor and re-configure rooms on the first 16 floor of an existing two-family dwelling. 17 Whereas, improvement of a non-conforming use 18 requires Zoning Board of Appeals approval as per 19 Section 43-21.G, two-family use in an S-50 zone. 20 A non-conforming use shall not be enlarged, 21 intensified altered structurally or extended 22 without Zoning Board of Appeals approval as per 23 Section 43-21.B.1 and 43-21.B.2. Exceeding 24 maximum permitted floor area ratio, Section 43-27 25 Table 43-3, required .75, proposed .81. Plans Page 100 1 Proceedings 100 2 appear to violate Section 43-34H(a), side setback 3 plane requirements, variance required, Plans 4 submitted violate Section 43-44H(a) side wall 5 articulation, variance required, on premises 6 known as 475 Kimball Avenue, Block 6359, Lot 24, 7 S-50 zone. 8 Mr. Romano, has everybody within 9 a 200 foot radius been notified, sir? 10 MR. ROMANO: Yes, sir, Mr. 11 Chairman. 12 THE CHAIRMAN: Anything come back 13 undeliverable? 14 MR. ROMANO: Two returns, 15 Mr. Chairman. 16 THE CHAIRMAN: Give them to the 17 Commissioner at the end of the hearing. Is there 18 anybody here tonight on this case, on the west 19 side of Kimball Avenue between Sherwood Avenue 20 and Crestmont on the concerning of Sherwood 21 Avenue. Anybody here tonight on this case. 22 Proceed, Mr. Romano. 23 MR. ROMANO: Mr. Chairman, the 24 premises are a legal nonconforming two family 25 dwelling located in an S-50 zone that the Page 101 1 Proceedings 101 2 applicant owned since 2005. The applicant seeks 3 to add dormers on the second floor, existing 4 bedrooms, bathrooms and recreation room to make 5 the space more livable for his family which now 6 has two children and is located in the existing 7 footprint of the house. The improvement to the 8 non-conforming use and variance requires Zoning 9 Board of approval so we're coming before this 10 Board. 11 As the plans reflect, there is 12 limited change in the existing structure, only a 13 small change for the dormers on the second floor 14 as the plans reflect. It's within lot coverage 15 requirements, there will be no additional stress 16 to the neighborhood, no over building on the 17 premises. The occupancy will not be increased, 18 will remain a two-family and in the neighborhood, 19 one and two family dwellings around so it still 20 retains the character of the neighborhood. As I 21 said, no increase in occupancy, we're not 22 changing the sides or front or rear. Remain on 23 the same footprint, the dormers will be built 24 within the roof line, below the roof line and 25 built on the same footprint as the existing roof Page 102 1 Proceedings 102 2 so no increase in air, light, changes in the air, 3 light or greenery at all. It really is being 4 done in order to allow squaring off part of the 5 second floor so that it can be more livable, more 6 air, more light really more in compliance with 7 existing housing and codes. We believe this 8 alteration will improve the dwelling and make it 9 more in compliance with the current code. The 10 premises, as I said, will remain in character 11 with the surrounding area. We don't believe 12 there will be any adverse environmental or 13 physical impact, remain exactly the way it was, 14 just the change on the dormers on the second 15 floor. The variance is.06 deviation from code 16 and we believe this is minor in nature. 17 Something that is not necessary to change even 18 though the hardship has been self-created, we 19 think in balancing the five points of law for 20 area variance, as well as improvement for 21 non-conforming use, clearly no impact to the 22 area. Based on the proposal of the plans and 23 need for increasing use of livable space and 24 proper utilizing the premises which would be 25 actually more in compliance with the housing code Page 103 1 Proceedings 103 2 than it would be now. Thank you, Mr. Chairman. 3 My client is here to answer any questions. 4 THE CHAIRMAN: How many kitchens 5 in the house? 6 MR. ROMANO: Two kitchens, 7 Mr. Chairman. 8 THE CHAIRMAN: How many families 9 live there? 10 MR. ROMANO: At this point, two. 11 THE CHAIRMAN: How many electric 12 meters? 13 MR. ROMANO: Two. 14 THE CHAIRMAN: Have all the taxes 15 paid in full? 16 MR. ROMANO: Yes, sir. 17 THE CHAIRMAN: In your survey it 18 says here on your plans that you did a survey 19 July 29, 2010. So submit a survey to the Board, 20 okay? 21 MR. ROMANO: Yes, sir. 22 THE CHAIRMAN: Within 10 days of 23 the next meeting. Any questions of the Board? 24 MR. LANDI: Mr. Chairman, I just 25 want to say these are one of the more complete Page 104 1 Proceedings 104 2 set of plans I have seen so far since I have been 3 on the Board. 4 MR. ROMANO: Thank you. 5 THE CHAIRMAN: Any other questions 6 of the Board? Is there anybody here tonight in 7 favor of this application? Is there anybody here 8 tonight in opposition to this application? 9 Sir, state your name and address. 10 MR. TUBIELLO: Justin Tubiello, 11 25 Churchill Avenue, Yonkers. 12 THE CHAIRMAN: Remember you're 13 under oath. 14 MR. TUBIELLO: Yes, sir. 15 THE CHAIRMAN: Proceed, sir. 16 MR. TUBIELLO: I want to 17 apologize, explain what dormers is and what we 18 thought it is, maybe is not. What is the 19 dormers? What is that, sir? What is dormers 20 within the house? 21 THE CHAIRMAN: What's a dormer? 22 MR. TUBIELLO: Not a dormitory, 23 correct? 24 THE CHAIRMAN: No, no. 25 MR. TUBIELLO: Then I was mislead, Page 105 1 Proceedings 105 2 I'm sorry, I apologize. This is a two-family 3 house with the occupants. This is not going to 4 become a dormitory that is it, correct? I 5 apologize to the Chairman. 6 THE CHAIRMAN: It's okay. 7 MR. BLANCHARD: Mr. Chairman? 8 THE CHAIRMAN: Mr. Blanchard? 9 MR. BLANCHARD: Can I say one 10 thing? I would you like to say to you and 11 Mr. Wilson on the watch, I think that's great you 12 guys, you people are protecting our city keeping 13 your eyes open, and I know you're here on your 14 own time. You should be congratulated. All of 15 you. Thank you. 16 THE CHAIRMAN: Anybody else here 17 to speak in opposition? Mr. Romano, sum-up, 18 please. 19 MR. ROMANO: That's all right, no 20 thank you. 21 THE CHAIRMAN: You have to get me 22 the survey. 23 MR. ROMANO: Right. 24 THE CHAIRMAN: This case is hereby 25 closed, reserve the right to reopen any reason Page 106 1 Proceedings 106 2 whatsoever, anytime whatsoever. That includes 3 after decision is made. 4 (RECESS) 5 THE CHAIRMAN: Ladies and 6 gentlemen, the meeting is continued. 7 The next case is 5245, area 8 variance, Taffy Williams, owner, on behalf of 9 herself, to construct a one story addition in the 10 rear and build entrance with foyer and side 11 garage, side patio at grade level and basement 12 extension to existing one-family dwelling. 13 Having insufficient front yard, Section 43-27 14 Table 43-3, required 20 feet three Inches plus or 15 minus per plot plan, proposed 15 feet nine inches 16 plus or minus, front vestibule and 18 feet zero 17 inches plus or minus to front bay window. 18 Insufficient side yard, Section 43-27, Table 19 43-3, required six foot, proposed six inches to 20 proposed garage, south side. Insufficient side 21 yard to proposed patio Section 43-41(A)(2), three 22 feet minimum required, proposed six inches. 23 Insufficient side yard, Section 43-27, Table 24 43-3, required 14 feet six inches, proposed is 10 25 feet plus or minus scaled to proposed addition. Page 107 1 Proceedings 107 2 Insufficient side yard Section 43-27, Table 43-3, 3 required 15 feet, proposed six feet, south side; 4 10 foot six inches proposed, north side. Exceeds 5 maximum driveway slop 15 percent maximum, 16 6 percent provided, on premises known as 191 7 Westchester Avenue, Block 4573, Lots 11, zone 8 S-50. 9 Miss Williams, step up, please. 10 Are you an attorney, Madam? 11 MS. WILLIAMS: No, sir. 12 (Speaker Sworn) 13 THE CHAIRMAN: State your name and 14 address. 15 MS. WILLIAMS: Taffy Williams, 191 16 Westchester Avenue, Yonkers. 17 THE CHAIRMAN: Has everybody 18 within a 200 foot zone been notified, ma'am? 19 MS. WILLIAMS: Yes. 20 THE CHAIRMAN: Anything come back 21 undeliverable? 22 MS. WILLIAMS: I had 24 responses 23 with the cards out of 30. 24 THE CHAIRMAN: Did you any mail 25 come back that wasn't delivered? Page 108 1 Proceedings 108 2 MS. WILLIAMS: No. 3 THE CHAIRMAN: Is there anybody 4 here tonight on this case? This case is at 191 5 Westchester Avenue on the west side of 6 Westchester Avenue between School 15 and Bardwell 7 Place, School 15 on the south. Proceed, please. 8 MS. WILLIAMS: I sent a zoning 9 application principal points to all the neighbors 10 that was required and this is basically a garage 11 with a deck on top and extension in the back. 12 I'm a little claustrophobic in the house at 13 times. Also vestibule in the front is just to 14 keep more energy inside for heat purposes 15 containing heat. So a little storage space and 16 extra room, more livable. 17 THE CHAIRMAN: You want to add 18 to your house? 19 MS. WILLIAMS: Yes. 20 THE CHAIRMAN: As I'm looking at 21 your house on Westchester Avenue what are you 22 going to do on the north side, the right side? 23 MS. WILLIAMS: On the right side 24 next to the neighbor's house really nothing. 25 THE CHAIRMAN: Nothing, okay. As Page 109 1 Proceedings 109 2 I'm looking at your house, the south side, School 3 15, what are you going to do there? 4 MS. WILLIAMS: That's where 5 everything is, the garage and deck, the extension 6 doesn't go as far as the other side of the house. 7 It goes about six or seven, less in, but 8 everything is on the side where the school is. 9 And I think I'm about 70 feet from the actual 10 school and two parking lots in between my 11 driveway. So I'm really not interfering with 12 anybody there. I'm not close to anything. 13 THE CHAIRMAN: You said you had 15 14 or 16 percent grade. I was over to your house, 15 where is the grade? Right now you have a couple 16 cars in the driveway and then you're going to put 17 the garage where, in the back? How far in the 18 back? 19 MS. WILLIAMS: If you go in the 20 driveway and you go straight it's going to slope 21 to get down, so I'm at basement level with the 22 garage, so you can go in to the basement from the 23 garage. 24 THE CHAIRMAN: You think you have 25 a 16 percent grade there? Page 110 1 Proceedings 110 2 MS. WILLIAMS: The architect 3 didn't catch that when he did the plans but the 4 Building Department said, yes, 16 percent. He 5 did the math, so I guess it is. 6 THE CHAIRMAN: What are you going 7 to do in the back? 8 MS. WILLIAMS: In the back the 9 first will go out 18 feet or less, I think it's 10 on the plans as 18 now, but that's kitchen 11 extension. I'm actually an organist and I need a 12 place to put the organ. I kind of need it for 13 that. 14 THE CHAIRMAN: What are you going 15 to do with the front the bay windows? 16 MS. WILLIAMS: Yes, just vision, 17 as I said it's kind of feel like I'm in a box 18 now, bay window on one side, especially the 19 school side because there's so much happening 20 there and I really can't see, I have to open my 21 door to see what's going on out there. A lot of 22 trouble in the parking lot with teenagers. 23 That's pretty much gone away thanks to the 24 Yonkers Police. I feel more comfortable with 25 more vision. More visual. Page 111 1 Proceedings 111 2 THE CHAIRMAN: You're not raising 3 the roof? 4 MS. WILLIAMS: If you look in the 5 front, my house is lower than every other house 6 on the street. Actually a smaller house. But 7 just give it a face lift. We're going to raise 8 the peak in the front just to give it a new look 9 but it still will be lower than my neighbors. I 10 think it's about two feet, I don't know, four 11 feet. 12 THE CHAIRMAN: Miss Williams, we 13 have a report from the Planning Director, 14 Commissioner Ellman, he says the plans and 15 principal points submitted were hard to 16 understand so what we're going to need is a new 17 set of plans that shows everything what you're 18 doing. A new set of plans. These plans are very 19 very hard to read. 20 Mr. Landi, would you like to 21 comment? 22 MR. LANDI: Mr. Chairman, the 23 plans are difficult, what your existing and what 24 you're proposing, dimension wise. They are very 25 difficult to read. I would request on behalf of Page 112 1 Proceedings 112 2 the Board that you give us a set of plans that 3 shows the existing and clearly mark out what is 4 proposed with dimensions on it. 5 I'm also requesting an up-to-date 6 survey. The surveyor site plan you submitted 7 looked like it's all hand written, numbers, I 8 don't know what they mean. We need an up-to-date 9 survey to show what's existing now. 10 MS. WILLIAMS: Okay. 11 MR. LANDI: Also, in the plan two 12 items I picked up, one has you indicate height of 13 retaining wall along the driveway, that's not 14 indicated. And also the height of the new 15 addition, the elevation. Like you were saying as 16 far as the front peak, you're doing two feet, 17 four feet we need to know what you're doing. 18 MS. WILLIAMS: I went by the 19 McMansion guidelines. We're under that. 20 MR. LANDI: You need to show that. 21 Thank you. 22 THE CHAIRMAN: We will give you a 23 chance to submit your principal points, too. 24 Five principal points of an area variance. When 25 you go up to the Building Department they will Page 113 1 Proceedings 113 2 give you a piece of paper with the five principal 3 points. 4 MS. WILLIAMS: I thought I 5 included that. 6 THE CHAIRMAN: I will give you a 7 chance, I'm giving you a lot of chances, believe 8 me. I'm trying to be helpful. Your principal 9 points need to be done a little better. I will 10 give you the opportunity to do that, submit the 11 five points required to the Board. Maybe your 12 architect or engineer wants to help you. The 13 reason I'm saying is because the report that we 14 had, you want a copy of the report I will give it 15 to you? 16 MS. WILLIAMS: Yes, absolutely. 17 Do I have a deadline for that? 18 THE CHAIRMAN: No, within 10 days 19 of the next meeting if possible. Like I said I'm 20 trying to help you out a little. 21 MS. WILLIAMS: Thank you. 22 THE CHAIRMAN: Any questions of 23 the Board? One more question, how many families 24 live there, please? 25 MS. WILLIAMS: My house? One Page 114 1 Proceedings 114 2 family. 3 THE CHAIRMAN: How many kitchens? 4 MS. WILLIAMS: One. 5 THE CHAIRMAN: That's questions I 6 ask everybody. Are the taxes paid in full to 7 date? 8 MS. WILLIAMS: Yes. 9 THE CHAIRMAN: Okay, do you have 10 anything else to say, would you like to sum-up? 11 MS. WILLIAMS: Well, just being 12 next to a school is a little difficult. It's 13 kind of a hardship at times, parking and buses 14 and traffic. A garage would help a lot. 15 Parking. Otherwise, that's okay, thank you. 16 THE CHAIRMAN: This case is 17 closed. We reserve the right to reopen any time 18 whatsoever, any reason whatsoever. That's even 19 after decision is made. So get that stuff back 20 to us within five, 10 days of the next meeting. 21 We'll go on from there. Thank you. 22 The next case is case 5246, area 23 variance, Whitelaw Architects on behalf of 333 24 Bronx River Tenants Corporation, owners, to 25 remove an in-ground swimming pool and deck and Page 115 1 Proceedings 115 2 install a new fence and retaining walls. 3 Whereas, fences and walls, including retaining 4 walls must not exceed four feet in height in a 5 required front yard setback or in any other 6 required yard setback abutting a street and six 7 foot in height within any other required yard 8 setback, Yonkers Zoning Ordinance 43-41.D.3.a. 9 Proposed fence is eight foot high. Proposed 10 retaining wall is 7.75 foot high, on premises 11 known as 333 Bronx River Road, Block 6307, Lot 12 150, zone A. 13 Is someone from Whitelaw 14 Architects here? 15 Are you an attorney, sir? 16 MR. WHITELAW: No, I'm not. 17 (Speaker Sworn) 18 THE CHAIRMAN: State your name and 19 address. 20 MR. WHITELAW: Andrew Whitelaw, 21 294 Shad Road, Pound Ridge, New York. 22 THE CHAIRMAN: Was everybody 23 within a 200 foot radius notified, sir? 24 MR. WHITELAW: Yes. 25 THE CHAIRMAN: Anything come back Page 116 1 Proceedings 116 2 undelivered? 3 MR. WHITELAW: Two undelivered and 4 one refused, three total. 5 THE CHAIRMAN: At the end of the 6 hearing give those to the Commissioner. Is there 7 anybody here tonight on this case? This case is 8 on Bronx River Road on the corner of Raybrook 9 Road and Bronx River Road between Raybrook and 10 Yonkers Avenue on the west side of Bronx River 11 Road. Anybody here tonight on this case? If you 12 want to hear better you can come up here. 13 THE CHAIRMAN: Proceed, sir. 14 MR. WHITELAW: We located the new 15 retaining walls in order to minimize the new 16 slope, the new fence is proposed to get access on 17 to the existing natural rock slope which will now 18 be changed. I believe proposed design has the 19 least possible amount of disturbance inside. The 20 parking lot, most of the grade below the swimming 21 pool will remain unchanged. The work will 22 improve the neighborhood character by removing 23 the activity noise and equipment noise for the 24 surrounding homes. Pool deck hardscape will be 25 replaced with natural softscape. This request is Page 117 1 Proceedings 117 2 not substantial, in fact work reduces the wall 3 height from 20 feet to the eight feet. Proposed 4 work greatly reduces the adverse physical and 5 environmental effects by eliminating water 6 running off from approximately 4,000 square feet 7 of concrete, equates approximately 5,000 gallons 8 an hour during a two inch rainfall. In addition, 9 $450 of backwash eliminated and approximately 10 73,000 of refill water is also eliminated. 11 Thank you. 12 THE CHAIRMAN: That's your 13 principal points? When you went to the Building 14 Department didn't they give you five points to 15 prove in the principal points? 16 MR. WHITELAW: Yes, sir they did. 17 THE CHAIRMAN: That's your 18 principal points? 19 MR. WHITELAW: If you prefer I can 20 add to what I did tonight. I can add to that. 21 THE CHAIRMAN: Tell you what you 22 you're going to do, you can add them tonight or 23 get them to me before 10 days before the next 24 hearing. It's up to you. You want to wait? 25 It's not my decision to make. I'm telling you Page 118 1 Proceedings 118 2 there is five points you have to prove to this 3 Board. My opinion I don't think you proved them. 4 I read your principal points, they are not even 5 signed. I'm giving you the opportunity 6 Mr. Whitelaw, tonight to make five points of law 7 or submit them in writing 10 days before the next 8 hearing. Whatever you want to do. I'm here. 9 MR. WHITELAW: If I feel it's not 10 addressed properly I will resubmit it to you at 11 the next hearing. 12 THE CHAIRMAN: I'm not making up 13 your mind, you want to do it now or send them in? 14 MR. WHITELAW: I think it's pretty 15 straight forward case. If everything is clear I 16 prefer to move on. 17 THE CHAIRMAN: I just told you 18 what it is, five points of law you were given the 19 paper at the Building Department. Do you want to 20 do it now, go through the five points of law or 21 send it to me in writing? It's up to you. 22 MR. WHITELAW: I will send it in, 23 thank you. 24 THE CHAIRMAN: I will give you 25 five days before the next hearing, I believe it's Page 119 1 Proceedings 119 2 18th or 19th of October. Get it to us in time 3 for us to read them and digest them. This is a 4 condominium, sir? 5 MR. WHITELAW: Cooperative. 6 THE CHAIRMAN: Are all the taxes 7 paid in full? 8 MR. WHITELAW: I wouldn't know, 9 I'd have to defer to the management company. 10 THE CHAIRMAN: Find out from the 11 management office and send us a letter to that 12 effect, please. 13 MR. WHITELAW: Yes. 14 THE CHAIRMAN: Now, as I'm coming 15 in the back parking lot I make a left turn going 16 south, right? 17 MR. WHITELAW: Correct. 18 THE CHAIRMAN: I look up, there's 19 and oval, is that what you're taking down? 20 MR. WHITELAW: Correct. 21 THE CHAIRMAN: All of that you're 22 taking down? 23 MR. WHITELAW: Correct. 24 THE CHAIRMAN: There was a pool 25 there, I assume? Page 120 1 Proceedings 120 2 MR. WHITELAW: There was a 3 swimming pool there. 4 THE CHAIRMAN: You want to get rid 5 of the swimming pool totally and put a wall back 6 there to hold up the ground, correct? 7 MR. WHITELAW: Correct. 8 THE CHAIRMAN: If I'm looking at 9 the wall, how high over the ground level is the 10 wall going to be? 11 MR. WHITELAW: No more than eight 12 feet, eight feet maximum. 13 THE CHAIRMAN: What are you going 14 to put in back of the wall to smooth the walls so 15 the neighbors in the back, what are you going to 16 put back there, shrubbery or what? 17 MR. WHITELAW: Natural planting 18 materials. I don't think the owners made up 19 their mind exactly, but it will be softscape. 20 Won't be anything paved or impervious, either 21 grass or shrubs. 22 THE CHAIRMAN: You're going to 23 submit a letter to us stating what you're going 24 to put back there in order to camouflage the 25 wall. Something to make it look good so you're Page 121 1 Proceedings 121 2 not looking at a bare wall. 3 MR. WHITELAW: This part here will 4 be lower than the grade so that you will see from 5 the parking lot. 6 THE CHAIRMAN: You just told me it 7 was eight foot above grade. 8 MR. WHITELAW: If you're standing 9 at the lowest level of the parking lot, the 10 highest point of the wall and fence is eight 11 feet. 12 THE CHAIRMAN: What we're going to 13 have to do is take a trip out there. Are you 14 available next week? 15 MR. WHITELAW: Sure. 16 THE CHAIRMAN: Would you call the 17 Building Department and talk to the Commissioner. 18 Bring up your envelopes and talk to him, get his 19 phone number, he'll set up an appointment. 20 I will come out with another member. Is that 21 okay with you? 22 MR. WHITELAW: Yes, that's fine. 23 MR. WHITELAW: The wall was 24 located and pushed back into the hillside so they 25 wouldn't be bringing in a lot of fill and taking Page 122 1 Proceedings 122 2 out a lot of fill, it will be minimized. We'll 3 be putting gravel to put behind the wall. But 4 the slope down here on the bottom will be mostly 5 the same. The parking lot will be unaffected. 6 We really tried to minimize the disturbance. 7 THE CHAIRMAN: You call the 8 Commissioner, get his phone number at the end of 9 the hearing. We will make a plan to come over 10 and see it. Okay? 11 MR. WHITELAW: Okay. 12 THE CHAIRMAN: Any questions of 13 the Board? Is there anybody here tonight in 14 favor of this application, on Bronx River Road 15 and Raybrook? Anybody here tonight in 16 opposition? Would you step up, please. Are you 17 an attorney, sir? 18 THE WITNESS: No, I'm not. 19 (Speaker Sworn) 20 THE CHAIRMAN: State your name and 21 address. 22 MR. SOAZA: Raffael Soaza, 6 23 Yonkers Terrace. 24 THE CHAIRMAN: Proceed. 25 MR. SUAZO: Just for the record, Page 123 1 Proceedings 123 2 I'm really not opposed to the removal of the 3 swimming pool because I can see it from the back 4 of my property and it's an eyesore. But what I 5 oppose is that first of all, I didn't receive any 6 plans. The opposition is not against the removal 7 of the existing retaining wall but the condition 8 or lack of information of the existing retaining 9 wall that are going to stay in place and the lack 10 of information as to what type of structure and 11 equipment up there, how much earth is going to be 12 moved around and what kind of pressure that's 13 going to exert in the existing retaining wall. 14 The only reason I say this, Mr. Chairman, is 15 because my property abuts that existing retaining 16 wall and I know as such are not the greatest. So 17 anything detrimental to that wall could 18 ultimately have an impact on my property. 19 THE CHAIRMAN: Mr. Whitelaw, the 20 integrity of wall, how are you going to protect 21 that? 22 MR. WHITELAW: As I was explaining 23 to him that the low end of the pool is the one 24 closest to his retaining wall. it's only about 25 two, two and a half feet deep there. So I don't Page 124 1 Proceedings 124 2 anticipate any problem at all undermining that 3 existing wall. Of course we don't know how far 4 down the footings go and that will have to be a 5 decision on site as far as any shoring to be 6 required. 7 THE CHAIRMAN: Who owns that wall? 8 MR. WHITELAW: Good question. 9 Don't know. Don't know. 10 MR. SUAZO: I don't believe it's 11 mine, sir. 12 THE CHAIRMAN: You're going to 13 have to get us a survey of that area back there. 14 A complete survey, new survey figuring out who 15 owns that wall. So we will do a survey. 16 Anything you submit to the Zoning Board, 17 Mr. Whitelaw, get this gentleman's address and 18 mail him a copy. 19 MR. WHITELAW: I already told him 20 I will mail him the plans, sure. 21 THE CHAIRMAN: Anything else you'd 22 like to you say, sir? 23 MR. SUAZO: No, except good night. 24 THE CHAIRMAN: We'll go over there 25 one day next week, if you want to you call the Page 125 1 Proceedings 125 2 Building Department and ask what day we're going, 3 what time, you can get Commissioner Schneider's 4 phone number. You're welcome to join us also. 5 Is this gentleman allowed to go on the property? 6 MR. WHITELAW: I will have to get 7 the Board Director's permission on that, I can't 8 speak for them but I don't think they will have 9 an issue. 10 THE CHAIRMAN: I don't see any 11 issue. I go in there. 12 MR. WHITELAW: I'd have to confer 13 with my client. I don't think there's an 14 issue. 15 THE CHAIRMAN: Call the 16 Commissioner. If you don't want him to go in 17 there, I won't force him to allow you to go in 18 there. I think it's beneficial he sees it too. 19 You agree? 20 MR. WHITELAW: Yes. 21 THE CHAIRMAN: Any questions of 22 the Board? Mr. Landi? 23 MR. LANDI: I'm fine, sir. 24 THE CHAIRMAN: Any questions? 25 Would you like to sum up, sir? Page 126 1 Proceedings 126 2 MR. WHITELAW: I think we need to 3 meet again so, no. 4 THE CHAIRMAN: I'm going to close 5 the hearing tonight, no reason to bring it back 6 here. Get me the five points of law. If you 7 need help, talk to somebody, no problem. Five 8 points of law. I need a survey up-to-date 9 survey, that's very important and call the 10 Commissioner, find out what date we're going to 11 go next week and we will work it out. Okay? 12 MR. WHITELAW: Yes. 13 THE CHAIRMAN: This case is hereby 14 closed. Reserve the right to reopen any reason 15 whatsoever, any time whatsoever. That includes 16 after decision is made. Thank you. 17 Ladies and gentlemen, we have a 18 few things to take up. Cuddy and Feder, case 19 number 4836, on this case 377 North Broadway. 20 I'm going to make a motion we give them a year 21 extension. Might be a little bit of a situation, 22 I will discuss it with the Board members 23 individually. Do I have a second? 24 MR. LANDI: Second. 25 THE CHAIRMAN: Everybody in favor Page 127 1 Proceedings 127 2 say aye. 3 (Chorus of Ayes) 4 THE CHAIRMAN: Anybody opposed? 5 Carried. Next, 660 Saw Mill River Road, case 6 4915, they are asking for a six month extension. 7 I'm going to make a motion we give them a six 8 month extension, the fee has got to be paid. All 9 fees include this one, any other fees paid within 10 30 days from today. Commissioner, get ahold of 11 these? Do I have a second? 12 MR. LANDI: Second. 13 THE CHAIRMAN: Everybody in favor 14 say aye. 15 (Chorus of Ayes) 16 THE CHAIRMAN: Then we have Mr. 17 Veneruso we gave him that the extension he asked 18 for. One at 41 Purser Place, he's asking for 60 19 days extension, case 5205. 20 I make a motion we give a 60 day 21 extension from today, pay the fee within 30 days. 22 Mr. Romano, again, case 5174, 23 Yonkers Avenue, he's asking for a three month 24 extension from today. I make motion he we give 25 him a three month extension and pay the fee Page 128 1 Proceedings 128 2 within 30 days from today. 3 Mr. Romano, again, this office 4 represents the applicant, condition number two is 5 extremely expensive, has no relationship to the 6 variance, smoke detector, carbon detectors 7 request this condition be removed. I'm going to 8 ask the Building Commissioner to take a look at 9 this. Is that okay with everybody? 10 (Chorus of Ayes) 11 THE CHAIRMAN: That's case 5218, 12 263 Palisade Avenue. 13 Then we have another one here 14 Samira Farraj, she's asking on Ridge Avenue -- 15 first, I'd like to thank the Board for granting 16 the variance. I need clarification on number two 17 of the conditions fire, smoke, carbon monoxide 18 shall be installed and in the building hair 19 salon. If so it's being installed, number two 20 condition reads, fire, smoke, carbon monoxide 21 detect shall be installed in front of building 22 connected to an outside 24 hour monitoring 23 service. 24 (Off the Record) 25 THE CHAIRMAN: Next case, 5165, 2 Page 129 1 Proceedings 129 2 Manor House Square, asking for a six month 3 extension. I make a motion we give a six month 4 extension as of today as long as they pay the fee 5 within 30 days. 6 The next one, this is 7 important -- 8 MR. LANDI: Mr. Chairman, we 9 haven't amended -- 10 THE CHAIRMAN: Yes, read that 11 case. 12 MR. LANDI: Case number 5241, 166 13 Ridge Avenue, Block 2170, Lot 18, condition 14 number two is revised as follows, that fire, 15 smokes and carbon monoxide detectors shall be 16 installed, hard wired in the hair salon and shall 17 be connected to an outside independent 24 hour 18 monitoring service. The apartments shall meet 19 the Property Maintenance Code of New York State 20 for smoke, fire, carbon monoxide detectors. 21 THE CHAIRMAN: Do I have a second 22 on the motion? 23 MR. BLANCHARD: Second. 24 THE CHAIRMAN: Everybody in favor 25 of the motion say aye. Page 130 1 Proceedings 130 2 (Chorus of Ayes) 3 THE CHAIRMAN: Anybody opposed? 4 Motion is carried. 5 Ladies and gentlemen, we have one 6 more thing on the record called 449 Park Hill 7 Avenue, School 13, case 4490, we heard this case 8 back several years ago in 2000. It's the old 9 School 13 passed it for housing. When we passed 10 it we told them one of the conditions that came 11 out they wanted a parking lot across the street 12 for the cars. We passed it. Now we have a 13 letter. Alain? 14 MR. NATCHEV: I will try to 15 summarize as brief as I can. 1995 this was old 16 School 13, blighted school. The city resolved to 17 sell the property for rehabilitation. Sold in 18 '95. Part of the contract the city had with the 19 developer did obligate the city to acquire a lot 20 across the street for parking purposes. 21 Subsequent to that the property applied to the 22 Zoning Board for variances. One of the 23 conditions that the Board imposed was set aside 24 20 spaces in that acquired lot by the city, 15 25 reserved, I think, for senior residents. That Page 131 1 Proceedings 131 2 was the condition of the contract. Subsequent to 3 that the property owner of the building hasn't 4 been able to get a temporary C of O. I think in 5 the meantime there was condition two waived 6 before. Now they are looking to get a final C of 7 O. They can't get the C of O because the 8 Building Department said the condition was, you 9 promised to set aside these 20 parking spaces in 10 a lot never acquired by the city. Now they are 11 coming to the Board asking for the Board to waive 12 that condition. I have discussed this, I won't 13 get into it too much on the record but our 14 office's position is that in light of fact that 15 the city has not met that contractual obligation 16 to acquire the lot across the street, it's a 17 little hard to impose that condition upon the 18 applicant. I know the Board felt pretty strongly 19 at the time that parking was an important part of 20 that application. So I think it's a matter that 21 the Board has got to consider. The property 22 location is a little hard in terms -- my concern 23 is if the Board holds the applicant to that 24 condition the property owner can very well come 25 back to the city and say we have got a Page 132 1 Proceedings 132 2 contractual obligation to acquire that lot. The 3 city did try to acquire that lot. However, the 4 City Council, we had a contract to purchase the 5 lot but the last minute the property owner across 6 the street refused to enter into the contract. 7 We did attempt to get the approval of the City 8 Council to condemn that lot. The City Council 9 never authorized condemnation. So that's where 10 it remains since that time. 11 There are more details to the 12 story but I'm trying to summarize the best I 13 can. 14 THE CHAIRMAN: They want us to 15 eliminate the condition, is that correct? 16 MR. NATCHEV: Correct. They 17 submitted their correspondence back in February 18 when several attachments. 19 Also, if the Board wants I made 20 copies of the minutes of those hearings leading 21 up to that deal situation, if the Chairman 22 permits me I can give those to Board members. 23 MR. LANDI: So for the last 15 24 years -- this happened in '95? 25 MR. NATCHEV: Yes. Page 133 1 Proceedings 133 2 MR. LANDI: They are parking some 3 place? 4 THE CHAIRMAN: The building was 5 complete, you heard what Alain said. Now I'm on 6 the Board, I was on the Board, Mr. Blanchard, 7 were you were me then? 8 MR. BLANCHARD: Yes. 9 THE CHAIRMAN: So I think the way 10 to go is to have another hearing, hold a hearing 11 on this case to eliminate that condition. In my 12 opinion, if we eliminate that condition at a 13 hearing we have practically new Board members. 14 MR. LANDI: The fact still 15 remains the space has been occupied 15 years. 16 They don't have a place to park. They are 17 parking some place. I agree with you, Joe, we 18 should have a public hearing. All I'm saying is 19 they don't need a lot. They have been parking 20 where they are parking. 21 THE CHAIRMAN: There's a condition 22 in the motion that they agreed to, right Alain? 23 MR. NATCHEV: There's a condition 24 that they agreed to, but I have to say that 25 condition was imposed based upon testimony given Page 134 1 Proceedings 134 2 that there was this agreement between the city 3 and developer for the city to acquire that lot. 4 The developer in turn was supposed to set aside 5 15 units, I think, for seniors. So the city was 6 not in compliance with the contract and that's 7 why the Board I think imposed that condition. If 8 that's what was presented to the Board it's not 9 the Board's fault. Basically I think the 10 applicant made that representation. They 11 represented the city was going to acquire the 12 lot. 13 THE CHAIRMAN: Not only that, we 14 had neighbors there. So I will be honest -- Lee? 15 MR. ELLMAN: Not to complicate it 16 anymore, at the time we were looking at this 17 project the city looked at the lot across the 18 street which is the used car lot and the thinking 19 was that that would be turned into a Yonkers 20 Parking Authority lot and in the evening -- White 21 Plains does it, that the residents at old School 22 13 would get evening parking stickers and we 23 would create additional parking for that limited 24 shopping area during the day easing the 25 congestion there, because it as real mess, anyone Page 135 1 Proceedings 135 2 stops at those stores. In the evening when that 3 tapered off we had have the ability to have 4 School 13 people have a place to park 8:00 to 5 7:00. Probably part of what happened is that we 6 probably want to take this back to both the 7 administration and Planning and Development. We 8 may not be able to do it. We were not able to do 9 it because of political considerations on the 10 City Council. There was a very strong concern 11 taking this condemnation on the City Council, 12 previous City Council. Now we just may not have 13 the money to do it, but we should probably bring 14 the issue full circle with the agencies who 15 initiated and however the Board sees fit. 16 THE CHAIRMAN: I make a motion we 17 put this over to the next hearing. Do I have a 18 second? 19 MR. BURKE: Second. 20 THE CHAIRMAN: All in favor? 21 (Chorus of Ayes) 22 THE CHAIRMAN: Motion to adjourn. 23 MR. BLANCHARD: Second. 24 THE CHAIRMAN: We're adjourned. 25 (TIME NOTED: 9:50 p.m.) Page 136 1 Proceedings 136 2 C E R T I F I C A T I O N 3 4 STATE OF NEW YORK ) 5 ) SS. 6 COUNTY OF WESTCHESTER ) 7 8 I, Lynn Farrell, Court Reporter and Notary Public within and for the County of 9 Westchester, State of New York, do hereby certify: 10 That I reported the proceedings that 11 are hereinbefore set forth, and that such transcript is a true and accurate record of 12 said proceedings 13 AND, I further certify that I am not related to any of the parties to this action 14 by blood or marriage, and that I am in no way interested in the outcome of this matter. 15 IN WITNESS WHEREOF, I have hereunto 16 set my hand. 17 ______18 LYNN FARRELL 19 20 21 22 23 24 25