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1 1 STATE OF NEW YORK CITY OF YONKERS 2 ------X

3 MINUTES OF THE CITY OF YONKERS PLANNING BOARD 4 October 14, 2020 - 5:37 P.M. 5 at 6 VIRTUAL MEETING 7 PURSUANT TO GOVERNOR CUOMO'S EXECUTIVE ORDER 202.1 8 ------X 9

10 B E F O R E: 11 ROMAN KOZICKY, CHAIRMAN 12 MACKENZIE FORSBERG, MEMBER MICHAEL GILLAN, MEMBER 13 ADELIA LANDI, MEMBER JOHN LARKIN, MEMBER 14 P R E S E N T: 15 LEE ELLMAN, PLANNING DIRECTOR 16 CHRISTINE CARNEY, PLANNING DEPARTMENT ALAIN NATCHEV, ASSISTANT CORP. COUNSEL 17 GEORGE KUNTZ, CITY OF YONKERS

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DIAMOND REPORTING 718-624-7200 Proceedings 2 1 I N D E X 2 ITEM: PAGE: 3 3. James Veneruso - 1219 Yonkers Ave 6 4 4. Steve Accinelli - 70 Salisbury Rd (Held) 14 5 5. Steve Accinelli - 2167 Central Park Ave 15 6 6. Steve Accinelli - 56/69 Ravine, 76 Point St. 24 7 7. Stephen Veneruso - 470 Nepperhan Ave (Held) 37 8 8. Frank Bueno - 88 & 94-100 Saratoga Ave 37 9 9. James Gibbons - 1055/1061 Nepperhan Ave (Held) 46 10 10. James Gibbons - 87 Waverly St (Held) 46 11 11. Thomas Haynes - 759 Palmer Rd 47 12 12. Mark Weingarten - Buena Vista, Palisade, Overlook, 13 North Broadway, Baldwin 52

14 13. Leslie Snyder - 10 Executive Boulevard 84

15 14. Nicholas Faustini - 868 Midland Ave 98

16 15. Keith Brown - 155 South Broadway 148

17 16. Janet Giris - 808 Central Park Ave 103

18 17. Tom Abillama - 43 Garfield St 125

19 18. Steven Accinelli - 76 Locust Hill Ave 135

20 19. Correspondence 168

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DIAMOND REPORTING 718-624-7200 Proceedings 3 1 THE CHAIRMAN: Good evening, ladies and

2 gentlemen. This is the Planning Board for the City of

3 Yonkers pursuant to Governor Cuomo's Executive Order

4 202.1, the City of Yonkers Planning Board is

5 conducting this Wednesday, October 14, 2020 meeting.

6 It is now around 5:40 p.m. and this meeting

7 is being conducted as a distance virtual meeting.

8 There will be no in-person attendance at this meeting.

9 The meeting is also being televised and is on a

10 virtual meeting platform. For information on how to

11 attend this virtual meeting, you may check

12 www.yonkers.ny.gov.

13 Please note that any matter requiring a

14 public hearing will be heard after 7:00 p.m., and

15 items may be taken out of order in order to

16 accommodate public comment or as the Board may deem

17 necessary.

18 Before we start on the items, I just want to

19 take a roll call. When I call your name, please

20 indicate out loud that you are here.

21 Adelia Landi.

22 MS. LANDI: Adelia is here.

23 THE CHAIRMAN: Thank you. Michael Gillan.

24 If we can unmute Michael Gillan.

25 MR. KUNTZ: I think he said present.

DIAMOND REPORTING 718-624-7200 Proceedings 4 1 THE CHAIRMAN: I see his microphone is

2 still muted.

3 MR. KUNTZ: All right, the problem is I

4 can't do it until I get back on, so Michael, if you

5 can just press the space bar, that will unmute you.

6 THE CHAIRMAN: Michael, can you hear us?

7 DR. GILLAN: Yes, I can.

8 THE CHAIRMAN: All right, Michael Gillan is

9 here. John Larkin.

10 MR. LARKIN: Here.

11 THE CHAIRMAN: And Mackenzie Forsberg.

12 MS. FORSBERG: Here.

13 THE CHAIRMAN: Okay, we do have a forum

14 tonight.

15 THE CHAIRMAN: Item 1 are the minutes of

16 the regular Planning Board meeting that were held on

17 August 19, 2020, they were in our packages. Are there

18 any additions, modifications, corrections?

19 MS. LANDI: No.

20 THE CHAIRMAN: If not, I will entertain a

21 motion to accept the minutes as presented.

22 MS. LANDI: I make a motion to accept the

23 minutes.

24 THE CHAIRMAN: Okay, so moved by Ms. Landi.

25 Seconded by --

DIAMOND REPORTING 718-624-7200 Proceedings 5 1 DR. GILLAN: Second.

2 THE CHAIRMAN: -- seconded by Dr. Gillan.

3 All in favor, please indicate by saying aye.

4 (A chorus of ayes.)

5 THE CHAIRMAN: Oppose, nay.

6 That passes unanimously.

7 Item Number 2 are the minutes of the special

8 Planning Board meeting that were held on September 9th

9 of 2020. They were also in our package, if we

10 could -- Actually, was that a special meeting?

11 MS. LANDI: No.

12 MS. CARNEY: No, it was just the regular

13 meeting, if we can just omit that.

14 THE CHAIRMAN: Okay, so except for the fact

15 that it says special, all right, any corrections,

16 modifications?

17 MS. LANDI: No.

18 THE CHAIRMAN: Then I'll entertain a motion

19 to accept the minutes of the Planning Board meeting of

20 September 9th.

21 MR. LARKIN: I make a motion to accept the

22 minutes of September 9th.

23 THE CHAIRMAN: So moved by Mr. Larkin.

24 Seconded by --

25 MS. LANDI: Second.

DIAMOND REPORTING 718-624-7200 Proceedings 6 1 THE CHAIRMAN: -- Ms. Landi.

2 All in favor, please indicate by saying aye.

3 (A chorus of ayes.)

4 THE CHAIRMAN: Oppose, nay.

5 That passes unanimously.

6 Moving directly to Item Number 3. Item

7 Number 3 is a site plan review for a proposed 266-unit

8 residential apartment building at Block 6383, Lot 6 on

9 the property known as 1219 Yonkers Avenue pursuant to

10 Article IX of the Yonkers Zoning Ordinance.

11 James Veneruso is representative for the

12 proposal.

13 Mr. Veneruso, if we could unmute Mr.

14 Veneruso.

15 MR. VENERUSO: Good evening, Mr. Chairman

16 and members of the Board.

17 The applicant has dealt with each of the

18 comments made by the Engineering Department, and I

19 respectfully request the Board to a resolution

20 approving this application.

21 THE CHAIRMAN: Thank you, Mr. Veneruso.

22 Members of the Board, do we have any

23 additional questions for the applicant?

24 If not, then if we could -- Hold on. We

25 have the resolution coming up on the board. Is that

DIAMOND REPORTING 718-624-7200 Proceedings 7 1 what you're doing, Lee?

2 MR. ELLMAN: Yes.

3 THE CHAIRMAN: Do we have a -- Hold on,

4 we're getting some feedback.

5 MS. LANDI: You're trying to get to the

6 resolution.

7 THE CHAIRMAN: All right, we did get it in

8 to our e-mails late this afternoon around 10 to 5:00,

9 so you might want to check your e-mails, as well,

10 that's when they were finalized.

11 MS. FORSBERG: I have it if we're ready.

12 THE CHAIRMAN: All right, Lee, correct me

13 if I'm wrong -- Actually, Lee, can Lee be unmuted

14 here?

15 Lee, do we need to go through any SEQRA, any

16 further SEQRA, or no?

17 MR. ELLMAN: Just as a belt and suspenders,

18 while we have reviewed this project, this iteration is

19 slightly different, so, yes, please do a SEQRA dec.

20 THE CHAIRMAN: Okay. So, first I'll

21 entertain a motion for a negative declaration as to

22 SEQRA.

23 MS. LANDI: I make a motion for a negative

24 declaration.

25 THE CHAIRMAN: Thank you, Ms. Landi. Do I

DIAMOND REPORTING 718-624-7200 Proceedings 8 1 have a second on that?

2 MS. FORSBERG: Mackenzie.

3 THE CHAIRMAN: Seconded by Ms. Forsberg.

4 All in favor, please indicate by saying aye.

5 (A chorus of ayes.)

6 THE CHAIRMAN: Oppose, nay.

7 That passes unanimously.

8 Now a resolution on the item itself.

9 MS. LANDI: Okay, let me see. Okay, Mr.

10 Chairman, I can read it.

11 THE CHAIRMAN: Go ahead.

12 MS. LANDI: Okay, let's see if we're on the

13 right spot. Nope. Hold on, I'm getting it. All

14 right --

15 THE CHAIRMAN: Actually, Mackenzie, did you

16 say that you had it ready?

17 MS. FORSBERG: Yes.

18 THE CHAIRMAN: Adelia, if you don't have it

19 there --

20 MS. LANDI: No problem.

21 THE CHAIRMAN: -- it's okay.

22 MS. LANDI: Yes.

23 THE CHAIRMAN: All right, Ms. Forsberg,

24 please go ahead with the resolution.

25 MS. FORSBERG: Mr. Chairman, we have a

DIAMOND REPORTING 718-624-7200 Proceedings 9 1 resolution to approve a site plan application at 1219

2 Yonkers Avenue, Block 6383, Lot 6, 8-10, 14, 15, 17

3 and 19 pursuant to Article IX of the Yonkers Zoning

4 Ordinance.

5 The Planning Board after review of the

6 proposed site plan application, having reviewed the

7 site and the plans submitted, makes the following

8 findings:

9 A. On February 27, 2013, the Planning Board

10 approved an application at this site for a 14-story,

11 220-unit residential building with retail uses on the

12 Yonkers Avenue first floor. The current application

13 before the Board is for a 14-story, 266-unit

14 residential building over 5 stories of parking, with a

15 1600 square foot retail space on the Yonkers Avenue

16 first floor.

17 B. On May 7, 2020, the Zoning Board of

18 Appeals granted three dimensional variances in

19 conjunction with this amended project.

20 C. In response to the Planning Board

21 concerns about the impact of the retaining walls

22 required to construct the proposed development, the

23 applicant has proposed a vegetation system for the

24 wall to lessen the aesthetic impacts upon the

25 neighboring homes and residents to the north of the

DIAMOND REPORTING 718-624-7200 Proceedings 10 1 project.

2 Based upon the review of the plans and

3 visits to the site, the Planning Board approves the

4 plans as proposed with the following conditions:

5 1. All conditions and approvals imposed by

6 the Yonkers Zoning Board are incorporated into the

7 Planning Board's approval. No changes to these

8 incorporated conditions may be made without the

9 Planning Board's approval.

10 2. The two proposed stabilized, crushed

11 stone, construction entrances/exits shall be the only

12 access to the site during excavation and foundation

13 construction. The areas around the exits shall be

14 swept as often as required to control dust and debris

15 from the site, but not less than once a day. A tire

16 washing station shall be installed the the exits based

17 upon the determination of the building inspector that

18 additional mitigation from construction related

19 impacts is necessary.

20 3. Access along the Yonkers Avenue north

21 side sidewalk shall be maintained at all times during

22 construction. Pedestrians shall not be required to

23 walk in the bed of Yonkers Avenue or required to cross

24 Yonkers Avenue to find a safe walking path.

25 4. The applicant's landscape architects

DIAMOND REPORTING 718-624-7200 Proceedings 11 1 shall work with the neighbors adjacent to the north

2 side retaining wall to establish a desirable and

3 thriving planting scheme for the mitigation of the

4 walls presence at the property line. The plantings

5 shall be established in the first growing season after

6 the wall is erected and shall be maintained by the

7 developer for the life of the project. The Planning

8 Board's intention is for the wall platings to be

9 installed as soon as is possible, based upon best

10 horticultural practice, and prior to other site

11 landscaping which is typically installed at the end of

12 a development project.

13 5. Additional street trees are to be

14 located on Yonkers Avenue to add interest to the

15 street frontage. The Planning Board allows that the

16 applicant may locate the street trees away from the

17 area of the retail stores, understanding the interest

18 of retailers in having an open frontage, but that

19 additional trees must be incorporated into the area

20 between the retail frontage and the Crescent Place

21 corner. Tree species selection to be approved by the

22 City of Yonkers Arborist.

23 6. The applicant shall work with the

24 Yonkers DPW to establish a containerized trash removal

25 scheme that will not require the placement of any

DIAMOND REPORTING 718-624-7200 Proceedings 12 1 trash or recyclables at the exterior of the building.

2 No garbage from the residential or the retail tenants

3 will be permitted on the sidewalk or street awaiting

4 removal.

5 7. All sidewalks and curbs fronting the

6 private property of this development shall be replaced

7 with new sidewalks and curbs that meet the Yonkers

8 City Engineers specifications. Sidewalks and curbs

9 fronting the DOT/YPA parking lot shall be repaired or

10 replaced at the direction of the Yonkers City

11 Engineer.

12 8. The applicant shall make all

13 improvements to the Crescent Place lot within the

14 easement area as noted on sheet ST-101 and,

15 additionally, must repair any damage caused to lot as

16 a result of the construction of the building.

17 9. Upon completion of the building, the

18 applicant may not place any banners, pennants,

19 streamers or the like at the site advertising leasing

20 opportunities for either the retail space or the

21 apartments without prior obtaining City of Yonkers

22 permits as required.

23 10. Pursuant to Article XV of the Yonkers

24 City Code, this 266-unit development is considered a

25 "Large Multifamily Housing Development" and,

DIAMOND REPORTING 718-624-7200 Proceedings 13 1 therefore, is required to maintain 10 percent of the

2 total number of units as affordable. This development

3 is required to provide 27 affordable units within the

4 building.

5 11. The applicant must submit four full

6 sized sets of both the Lawless and Mangione plans and

7 the JMC plans for stamping and circulation.

8 12. All improvements made to this site and

9 all conditions imposed; by the Planning Board shall

10 remain in full force and effect as long as the site

11 remains occupied.

12 The Planning Board renders its decision

13 based upon facts and findings available to it,

14 specifically:

15 1. Report by the Planning Bureau.

16 2. Reports by the City Engineer.

17 3. General knowledge of the area.

18 Mr. Chairman.

19 THE CHAIRMAN: Thank you, Ms. Forsberg.

20 Do we have a second on the resolution?

21 You'll have to speak up and remember to unmute

22 yourself.

23 MS. LANDI: Okay, I second it, thank you.

24 THE CHAIRMAN: Thank you, Ms. Landi.

25 Before we vote on it, to the applicant, Mr.

DIAMOND REPORTING 718-624-7200 Proceedings 14 1 Veneruso, on behalf of the applicant, you heard the

2 proposed resolution and the conditions. I assume the

3 conditions are all heard and understood and agreed

4 upon?

5 MR. VENERUSO: Yes, Mr. Chairman.

6 THE CHAIRMAN: Thank you.

7 In that case, I'll move to a vote. All in

8 favor, please indicate by saying aye. Again, you will

9 you need to unmute yourself.

10 (A chorus of ayes.)

11 THE CHAIRMAN: Okay, I guess more

12 importantly, any opposed? No.

13 That passes unanimously. Thank you very

14 much.

15 MR. VENERUSO: Thank you, Mr. Chairman,

16 thank you members of the Board.

17 MR. LARKIN: I'm sorry, Roman, I had to step

18 away for a minute so I don't know if you did a roll

19 call.

20 THE CHAIRMAN: No, we didn't do a roll call,

21 it was approved. Do we have your approval on that

22 item?

23 MR. LARKIN: Yes.

24 THE CHAIRMAN: Thank you.

25 Item Number 4 has been held over at the

DIAMOND REPORTING 718-624-7200 Proceedings 15 1 applicant's request. This is the property at 70

2 Salisubry Road. There will be no action, no

3 presentation on that this evening.

4 Item Number 5 is a site plan review for a

5 new entrance portal and wall sign at Block 4350, Lot

6 34 on the property known as 2167 Central Park Avenue,

7 Westchester Toyota, pursuant to Article IX of the

8 Yonkers Zoning Ordinance.

9 Steve Accinelli is here as representative

10 for the proposal. Mr. Accinelli.

11 MR. ACCINELLI: Good evening, Mr. Chairman.

12 Can you hear me?

13 THE CHAIRMAN: Yes, go ahead.

14 MR. ACCINELLI: Good evening, Mr. Chairman,

15 members of the Board, Steven Accinelli from Veneruso,

16 Curto Schwartz and Curto on behalf of the applicant.

17 Following up on the September Planning Board

18 meeting, the applicant prepared revised drawings which

19 were responsive to the Planning Board and Planning

20 Director's comments, as well as having provided

21 additional information and documentation including day

22 and nighttime photographs of other locations,

23 photometric details, and a revised project description

24 explaining the project details.

25 In addition, the applicant also revised the

DIAMOND REPORTING 718-624-7200 Proceedings 16 1 proposed signage so that it is now compliant with the

2 Yonkers Sign Code.

3 All of the forgoing was submitted to the

4 Board as part of our supplemental submission, and we

5 believe we have now at this time addressed all open

6 issues and questions and comments that have been

7 raised by the Board thus far.

8 With me here this evening is Tracy Boss,

9 she's the architect. And we have nothing further to

10 add on the application, and we would open it up to the

11 Board if there are any questions or comments at this

12 time.

13 THE CHAIRMAN: Thank you, Mr. Accinelli. I

14 did notice the changes on the plan, and we appreciate

15 that they were made to be congruent with our

16 requirements.

17 Questions from the Board members on this

18 item? Once again, everyone, please unmute your

19 microphones.

20 MS. FORSBERG: No, nothing.

21 THE CHAIRMAN: I see Adelia is trying to

22 speak.

23 MS. LANDI: Yes, I also am happy with the

24 changes in the plans and the visuals that were sent,

25 also.

DIAMOND REPORTING 718-624-7200 Proceedings 17 1 MR. ACCINELLI: Thank you.

2 THE CHAIRMAN: And just for clarification

3 on my part, I notice on the revised plan, they're

4 eliminating the Toyota; is that correct?

5 MR. ACCINELLI: Correct, Mr. Chairman.

6 THE CHAIRMAN: Okay, I just wanted to make

7 sure that wasn't a mistake. I guess the symbol is

8 iconic, so that does the trick.

9 All right, that being the case and there

10 being no -- Oh, staff members, any questions from the

11 staff?

12 MR. ELLMAN: No, we've gotten the issues

13 handled that we were concerned about.

14 THE CHAIRMAN: Okay, thank you, Lee.

15 In that case, I'll accept a motion for a

16 negative declaration as to SEQRA on this.

17 MS. FORSBERG: I make a motion.

18 THE CHAIRMAN: So moved by Ms. Forsberg.

19 Seconded by --

20 MS. LANDI: Mrs. Landi.

21 THE CHAIRMAN: -- Mrs. Landi.

22 All in favor, please indicate by saying aye.

23 (A chorus of ayes.)

24 THE CHAIRMAN: Oppose, nay.

25 It passes unanimously.

DIAMOND REPORTING 718-624-7200 Proceedings 18 1 Now a resolution on the item itself.

2 MR. LARKIN: I'll take it, Mr. Chairman.

3 MS. LANDI: I'll take it.

4 MR. LARKIN: Go ahead, Adelia.

5 THE CHAIRMAN: Adelia.

6 MS. LANDI: Okay. Mr. Chairman, resolution

7 to approve a site plan for an entry portal at Block

8 4350, Lot 34 on the property known as 2167 Central

9 Park Avenue, Toyota, pursuant to Article IX of the

10 Yonkers Zoning Ordinance.

11 Findings:

12 1. Toyota of Westchester is seeking to

13 install a new LED illuminated entry portal at the main

14 entrance of their current location. This portal will

15 not encroach into any of the existing parking spaces

16 in front of it and is the equivalent of a new facade.

17 The applicant will also be upgrading the existing

18 facade to continue the red banding along the entirety

19 of the building face.

20 2. The Planning Board finds the signage

21 placed in the second floor windows to be an

22 overabundance of advertising space.

23 The site plan presented to the Planning

24 Board at its meeting of October 14, 2020 is approved

25 with the following conditions:

DIAMOND REPORTING 718-624-7200 Proceedings 19 1 1. All previous conditions imposed by the

2 Planning Board from the November 12, 2003 approval

3 shall remain in full force and effect for the life of

4 the tenancy.

5 2. The portal lights shall be turned off at

6 the close of business. 3.

7 3. After the portal is constructed, the

8 second floor window advertising space must be reduced

9 to 25 percent of the visible glazed areas. The

10 windows blocked by the portal shall not be counted

11 towards the glazed area total.

12 4. No temporary signs on the sidewalk, no

13 banners, pennants, streamers, balloons, inflatables,

14 signs, or the like shall be flown from the sign, from

15 the building, or placed on site.

16 The Planning Board renders its decision

17 based upon facts and findings available to it,

18 specifically:

19 1. Report by the Planning Bureau.

20 2. Report by the City Engineer.

21 3. General knowledge of the area.

22 Mr. Chairman.

23 THE CHAIRMAN: Thank you, Mrs. Landi.

24 Do we have a second on the resolution?

25 MS. FORSBERG: Second.

DIAMOND REPORTING 718-624-7200 Proceedings 20 1 THE CHAIRMAN: Seconded by Ms. Forsberg.

2 To the applicant, you've heard the proposed

3 resolution, the conditions, I assume they're

4 understood, agreed upon and accepted?

5 MR. ACCINELLI: I'm sorry, just one follow-

6 up question. Typically, the portal light, I heard one

7 of the conditions was to be turned off when the

8 business is closed for the evening. Typically, those

9 portal lights do remain illuminated, it's on a timer,

10 but it does typically remain illuminated at least

11 initially after the closing. It goes off sometime

12 later on in the evening, if that was something that

13 the Board would be comfortable with as opposed to

14 immediately being turned off upon closing.

15 THE CHAIRMAN: Do you have an idea of what

16 the timeframe is after the last person leaves that the

17 lighting is automatically turned off?

18 MR. ACCINELLI: It usually stays on until a

19 little bit before sunrise typically at other

20 locations, so it's probably somewhere around 4:00 a.m.

21 typically at other locations.

22 THE CHAIRMAN: Lee, do you want to give some

23 indication because I believe this was a staff concern,

24 as well?

25 Lee, you're still muted. There you go.

DIAMOND REPORTING 718-624-7200 Proceedings 21 1 MR. ELLMAN: Sorry, then that was coming

2 from George.

3 The Zoning Ordinance already has a condition

4 in it that site lighting, so parking lot lighting, for

5 example, will be reduced by 50 percent at the close of

6 business.

7 We had something that is essentially a large

8 light, night-light, and an advertising sign when there

9 is no business going on there. And in an effort to

10 reduce light pollution and visual clutter on Central

11 Avenue, we were suggesting that it be turned off at

12 the close of business.

13 Now, I certainly have no issue with

14 something being on a timer and being turned off at,

15 you know, whatever the Board thinks of as a reasonable

16 hour.

17 Mr. Accinelli is suggesting that it is

18 essentially on all night. Frankly, if they're leaving

19 it on until 4:00 in the morning, I don't know why they

20 don't leave it on all night.

21 But I really would guess if the business is

22 closed and we're getting into the late evening, you

23 know, you would need to make a case to me as a planner

24 why the lighting needs to stay on certainly past 11:00

25 or midnight.

DIAMOND REPORTING 718-624-7200 Proceedings 22 1 MR. ACCINELLI: I think perhaps midnight

2 would be something that the client would be

3 comfortable with. You know, Central Avenue is such a

4 highly traffic area well past 8:00 or 9 o'clock p.m.,

5 and the applicant would certainly like to take

6 advantage of some of the additional exposure beyond

7 the closing time, so I think 12:00 or 1:00 a.m. is

8 something that the client would be comfortable with,

9 just to take advantage of the amount of volume of

10 traffic that goes up and down Central Avenue even

11 after 8:00, 9 o'clock, 10 o'clock.

12 THE CHAIRMAN: Well --

13 MR. ELLMAN: You're suggesting 11:00 or

14 12:00.

15 MR. ACCINELLI: 12:00.

16 MR. ELLMAN: 11:00. You tried for 1:00,

17 Steve, you got to give me that, I'll go down in the

18 other direction.

19 MR. ACCINELLI: I started at 4:00.

20 THE CHAIRMAN: The only cars that I know of

21 after 12:00 midnight going down Central Avenue are

22 doing around 80 miles an hour.

23 MR. ACCINELLI: You must be watching the

24 news.

25 THE CHAIRMAN: No, I can just hear it from

DIAMOND REPORTING 718-624-7200 Proceedings 23 1 my house. But seriously, this is your resolution, do

2 you have an objection to amending it so it will

3 indicate that the lights will be turned off after the

4 close of business, but no later than 12:00 midnight?

5 Okay. And who was the -- Adelia, so you're

6 okay with that --

7 MS. LANDI: Yes.

8 THE CHAIRMAN: -- as proposing the

9 resolution?

10 MS. LANDI: Yes.

11 THE CHAIRMAN: And I believe it was

12 seconded by Ms. Forsberg.

13 MS. FORSBERG: Yes, second.

14 THE CHAIRMAN: So, you have no problem with

15 that change.

16 With that change, Mr. Accinelli, are we okay

17 to proceed?.

18 MR. ACCINELLI: Yes, thank you, Mr.

19 Chairman, members of the Board and Planning Director.

20 THE CHAIRMAN: Well, we haven't voted yet,

21 hold on.

22 All those in favor of the resolution as

23 amended, please indicate by saying aye.

24 (A chorus of ayes.)

25 THE CHAIRMAN: Any opposed?

DIAMOND REPORTING 718-624-7200 Proceedings 24 1 Seems to have past unanimously. Thank you

2 very much, Mr. Accinelli, and good luck.

3 MR. ACCINELLI: Thank you.

4 THE CHAIRMAN: Item Number 6 is a site plan

5 review for a proposed 146-unit multifamily building at

6 Block 2115, Lot 5 and Block 2114, Lots 17 and 42 on

7 the properties known as 56 Ravine Avenue, 69 Ravine

8 Avenue, and 76 Point Street pursuant to Article IX of

9 the Yonkers Zoning Ordinance.

10 Steve Accinelli is here also for

11 representative of that proposal.

12 Mr. Accinelli.

13 MR. ACCINELLI: Good evening, Mr. Chairman,

14 members of the Board. Again, for the record, Steven

15 Accinelli from Veneruso Curto Schwartz and Curto on

16 behalf of the applicant.

17 Mr. Chairman and members of the Board,

18 following up on the September 9th Planning Board

19 meeting, the applicant received and reviewed the

20 September 4th Planning Bureau memorandum to the

21 Planning Board, as well as the September 4th

22 Department of Engineering report also addressed to the

23 Planning Board.

24 These reports collectively addressed water,

25 sewer concerns, as well as general and more specific

DIAMOND REPORTING 718-624-7200 Proceedings 25 1 matters involving lighting, elevations, traffic and

2 parking, landscaping and fencing, trash and

3 construction.

4 In response, the applicant spoke with City

5 representatives, revised the plans and related

6 documents to respond to and address the matters raised

7 in the reports, as well as at the September Planning

8 Board meeting, and also held an in-person plan review

9 meeting with Director Ellman to review these proposed

10 revisions.

11 As a result of the foregoing, a supplemental

12 submission was submitted to the Planning Board for its

13 review, which also included a detailed letter from

14 PS&S as consultants.

15 As part of that submission, a dedicated plan

16 page at Director Ellman's request was prepared and

17 devoted to the layout and design of the 50 Point

18 Street parking lot, which is an accessory parking lot

19 to the project. And that was in response to comments

20 made also at the September meeting.

21 The Engineering Department issued a follow-

22 up report dated October 9th, and William Schneider

23 from PS&S has been communicating with Mr. John Speight

24 from the Engineering Department in response to same.

25 And these were concerns related to water and sewer.

DIAMOND REPORTING 718-624-7200 Proceedings 26 1 With the Board's permission, I would like to

2 turn it over to Mr. Schneider, who can briefly report

3 to the Board the most recent discussions he has had

4 with the Engineering Department on those specific

5 issues, with the Board's permission.

6 THE CHAIRMAN: Certainly.

7 MR. ACCINELLI: Thank you.

8 MR. SCHNEIDER: Hello, Mr. Chairman and

9 members of the Board.

10 Actually, I was speaking with John Speight,

11 and he's part of the Water Bureau, which is under the

12 Department of Public Works, just for clarity. I

13 actually spoke with him today, but my comments pertain

14 to the utilities for the most part, and we are

15 addressing those concerns with the Engineering

16 Department, such as the swift plan, the I and I

17 concern, 3 to 1 for I and I removal, which we will do,

18 televising the sanitary sewer and the storm sewer.

19 So, we're presently getting quotes on that.

20 But of concern is the water situation,

21 regarding my discussion with John Speight today is the

22 replacement of the 12-inch water main on Gold Street

23 to Point. That water main would then replace in its

24 entirety the six-inch main, which now serves the

25 public there. And that 6-inch main would then be

DIAMOND REPORTING 718-624-7200 Proceedings 27 1 abandoned in place.

2 In my discussions with John, he indicated

3 that that is a solution to this problem. But, you

4 know, it might not be the only solution, you know,

5 we're going to continue to evaluate that to see if

6 there's any way that we can achieve the same goal and

7 still provide the necessary water, the fire flow, and,

8 of course, the public water for everyone on the

9 street. That might not require a 12-inch brand new

10 water main. We might wind up doing it and it's

11 likely, but we're just going to look into it a little

12 deeper to see if there's any alternative whatsoever.

13 There are probably several things to look at, and

14 we're going to take a look at that.

15 As far as relining the 12-inch that's on

16 Point Street, that has to be relined from Glenwood

17 Terrace all the way to Warburton Avenue, that will be

18 cleaned and cement lined. And we're presently looking

19 into that to see how best we can accomplish that.

20 Maybe if there's another technology that

21 serves the same purpose and it might be a little

22 easier, more affordable, maybe the line will be out of

23 service less time, again, but it will achieve the same

24 goal, which is cleaning and relining of that 12- inch.

25 And, of course, any new technology and anything that

DIAMOND REPORTING 718-624-7200 Proceedings 28 1 we come up with would have to be reviewed and approved

2 by the Water Department and the Engineering Department

3 of the City of Yonkers.

4 So, that's where we are with the Engineering

5 Department comments at the moment, and they certainly

6 all will be addressed, and I just wanted to let you

7 know the status of where we were.

8 And that concludes my comment.

9 MR. ACCINELLI: Thank you, Mr. Schneider.

10 Mr. Chairman and members of the Board, one

11 other item relative to the public improvements. The

12 applicant also had prepared revised plan for the park

13 improvements, which is part of the public development

14 portion of the project, which was also reviewed by

15 Planning Director Ellman, so that's also been provided

16 to the City.

17 And, at this point, we have no further

18 comments to the Board and the project team is

19 available on the meeting tonight for any questions of

20 the Board. And in the event that the Board was

21 prepared to issue a resolution tonight, the only thing

22 that we would request respectfully following up on Mr.

23 Schneider's comments is the flexibility in terms of

24 any conditions that may be imposed relative to those

25 issues that are still being discussed regarding Mr.

DIAMOND REPORTING 718-624-7200 Proceedings 29 1 Schneider's comments such that that dialogue could

2 continue and the result would certainly be subject to

3 the approval of the City of Yonkers Engineering

4 Department.

5 Other than that, Mr. Chairman, we have no

6 other comments at this point.

7 THE CHAIRMAN: Thank you, Mr. Accinelli.

8 Members of the Board, questions for the

9 applicant?

10 MS. LANDI: Yes, I have a question.

11 THE CHAIRMAN: Yes, Ms. Landi.

12 MS. LANDI: I was looking at Z-01.00, and I

13 saw a couple of, I saw tenants' public parking lots

14 and I also saw some private parking lots. Now, I,

15 from what I saw, I believe there were enough spaces

16 for the tenants; is that correct, in your development?

17 MR. ACCINELLI: Correct.

18 MS. LANDI: Okay. So, if a tenant were to

19 use the public parking lot, that would not be gratis,

20 they would have to pay for it or get a permit or

21 something?

22 MR. ACCINELLI: That's correct, the public

23 parking lot is going to be presumably managed and

24 overseen by YPA, and that relationship between public

25 and non-public parking is not something that our

DIAMOND REPORTING 718-624-7200 Proceedings 30 1 client would be involved with.

2 MS. LANDI: Okay, all right, but the

3 tenants would have ample parking in your design;

4 correct?

5 MR. SCHNEIDER: What is ample?

6 MS. LANDI: Whatever would be required.

7 MR. ELLMAN: Mr. Chairman, may I step in

8 for just a second?

9 THE CHAIRMAN: Certainly, go ahead.

10 MR. ELLMAN: Okay, so, Adelia, one of the

11 facets, well not facets, the way this project started,

12 the parking lot that used to serve BICC, the cable

13 company, was used by the, rented by the, YPA from the

14 owner for several years. Because of that, there was,

15 the neighborhood, which is generally short on parking

16 because the buildings are older and were built pre-

17 car, became accustomed to having a public parking lot

18 in that corner.

19 When the property went to contract with

20 Conifer, one of the things that we all looked at was

21 how does that public YPA parking lot get replaced.

22 The City had several small vacant lots in

23 the neighborhood, essentially everything within one

24 block of the corner of Point and Ravine. So, the deal

25 came down that Conifer, Mr. Accinelli's client, would

DIAMOND REPORTING 718-624-7200 Proceedings 31 1 do their development, their development would have

2 conforming to zoning parking. Some of their -- The

3 Zoning Ordinance allows your parking to be within 300

4 feet of site, so there are several small parking lots

5 that serve the Conifer project that are private.

6 There also will be parking along View and

7 Bartholdi Streets, and there will also be two small

8 YPA parking lots. So, the intention was to make sure

9 that the neighborhood was, did not lose public parking

10 as we were creating a private development.

11 MS. LANDI: Thank you.

12 THE CHAIRMAN: Thank you, Lee.

13 Yes, go ahead Mr. Accinelli.

14 MR. ACCINELLI: Mr. Chairman, if the Board

15 would like further clarification visually, again,

16 it's up to the Board, we can pull up a share screen,

17 and if the Board would like to look at it on the

18 screen, that's something we can certainly do. I'll

19 leave it up to the Board.

20 THE CHAIRMAN: Well, we have it in our

21 materials.

22 MS. LANDI: Yes.

23 THE CHAIRMAN: We're good, we're good with

24 that.

25 MR. ACCINELLI: Okay.

DIAMOND REPORTING 718-624-7200 Proceedings 32 1 THE CHAIRMAN: Thank you, Mr. Accinelli.

2 Other members of the Board, questions?

3 Just a comment, Mr. Accinelli, and to your,

4 I forgot the gentleman's name for your engineering.

5 Technology always develops and technologies change,

6 and there are always better ways to do things. We're

7 going to proceed tonight with your proposal as it

8 stands and the conditions as they stand. Obviously,

9 in the future, if there's a better technology or some

10 way everyone can agree on there's a better way to do

11 something, you certainly would have the opportunity to

12 come back and ask for an amendment to the conditions,

13 or a change to the conditions.

14 And I think that's how we're going to

15 address that this evening.

16 MR. ACCINELLI: Understood.

17 THE CHAIRMAN: Okay. That being the case,

18 staff, any other questions for the applicant?

19 MR. ELLMAN: No, I think we're in good

20 shape. We've gotten all of the information that we

21 requested from Mr. Accinelli's clients.

22 THE CHAIRMAN: All right, thank you. That

23 being the case, same question here, Lee, about the

24 SEQRA, do we need to go into a SEQRA dec?

25 MR. ELLMAN: This project was SEQRA-ed by

DIAMOND REPORTING 718-624-7200 Proceedings 33 1 the Zoning Board of Appeals who took lead agency.

2 THE CHAIRMAN: Okay. All right, so we're

3 good to go.

4 That being the case, I'll entertain a motion

5 for a resolution on this item.

6 MR. LARKIN: I make a motion --

7 THE CHAIRMAN: We need to mute somebody,

8 we're getting some feedback.

9 All right, Mr. Larkin, please go ahead.

10 MR. LARKIN: Yes, I entertain a motion for

11 this resolution.

12 THE CHAIRMAN: Okay, do you have the

13 resolution?

14 MR. LARKIN: Yes, I do.

15 THE CHAIRMAN: Okay, please go ahead.

16 MR. LARKIN: This is a resolution to approve

17 the site plan for the proposed Conifer-Ravine Avenue

18 sites at: 69 Ravine Avenue, Block 2114, Lots 42, 43,

19 45; 76 Point Street, Block 2114, Lots 17, 20.35, 36,

20 37, 38; 56 Ravine Avenue, Block 2115, Lots 5-8, 10-14,

21 16, 17, 24; 78 Ravine Avenue, Block 2115, Lots 16, 17;

22 and 50 Point Street, Block 2115, Lot 24 pursuant to

23 Article IX of the Yonkers Zoning Ordinance.

24 Findings:

25 1. The private development component of the

DIAMOND REPORTING 718-624-7200 Proceedings 34 1 site plan consists of a proposed 146 units of

2 multifamily development across three buildings; two

3 low-rise and one mid-rise building with on-site and

4 off-site parking. All units will be provided at

5 affordable rents. The public improvement component of

6 the site plan consists of the development of three

7 municipal parking areas on several area parcels and

8 the rehabilitation of Irving Park.

9 2. The development project has received

10 dimensional variances as required from the Yonkers

11 Zoning Board of Appeals.

12 3. The Yonkers Water Bureau and the City

13 Engineer have noted issues with the area

14 infrastructure that will require further study and/or

15 remediation prior to construction of the housing

16 development.

17 The site plan presented to the Planning

18 Board at its meeting of October 14, 2020 is approved

19 with the following conditions:

20 1. The applicant shall make the following

21 improvements required by the Water Bureau and deemed

22 necessary to the water service to this development:

23 A. Clean and cement line the Point

24 Street twelve (12) inch water main from Warburton

25 Avenue to the dead end in the vicinity of Glenwood

DIAMOND REPORTING 718-624-7200 Proceedings 35 1 Terrace.

2 B. A 12 inch water main is to be

3 installed in Ravine Avenue and connected to the

4 existing water mains in Point Street and Gold Street.

5 2. The applicant shall make the following

6 improvements required by the City Engineer:

7 A. The combination sewer on Ravine

8 Avenue should be tv'd to verify the condition and

9 studied to analyze if the capacity could handle the

10 additional flow.

11 B. The storm sewer main is to be tv'd to

12 verify condition crossing the MTA train tracks to the

13 outfall.

14 C. All storm sewer connections into the

15 combination sewer should have a drop less than 2 feet.

16 D. An easement will be required from the

17 City for sewer pipe running across the City park Block

18 2114, Lot 12.

19 3. The applicant shall be responsible for

20 the payment of an Inflow and Infiltration mitigation

21 fee based upon a ratio of 3:1 to mitigate impacts upon

22 the Westchester County Yonkers Joint Treatment Plant.

23 The "I and I" remediation fee will be calculated by

24 the City Engineer based upon total daily water demand.

25 4. The applicant has submitted a

DIAMOND REPORTING 718-624-7200 Proceedings 36 1 preliminary Storm Water Pollution Prevention Plan,

2 SWPPP, to the City Engineer. The SWPPP will be

3 finalized and conform to current NYS DEC regulations

4 and local law.

5 5. The applicant shall complete the

6 rehabilitation of Irving Park as shown on submitted

7 plans, subject tot eh approval of the Planning

8 Director and the Parks Board.

9 The Planning Board renders its decision

10 based upon facts and findings available to it,

11 specifically:

12 1. Report by the City Engineer.

13 2. Report by the City Traffic Engineer.

14 3. Report by the Yonkers Fire Department.

15 4. Report by the Planning Bureau.

16 5. General knowledge of the area.

17 Mr. Chairman.

18 THE CHAIRMAN: Thank you, Mr. Larkin.

19 Do we have a second on the resolution?

20 MS. FORSBERG: Second.

21 THE CHAIRMAN: Seconded by Ms. Forsberg.

22 Before we go to a vote, Mr. Accinelli, on

23 behalf of the applicant, you heard the proposed

24 resolution and the conditions. I assume the

25 conditions are understood and agreed upon.

DIAMOND REPORTING 718-624-7200 Proceedings 37 1 MR. ACCINELLI: Yes, Mr. Chairman.

2 THE CHAIRMAN: That being the case, I'll

3 move to a vote on the resolution itself. All in

4 favor, please indicate by saying aye.

5 (A chorus of ayes.)

6 THE CHAIRMAN: All oppose, nay.

7 It passes unanimously.

8 Thank you very much and good luck.

9 MR. ACCINELLI: Thank you.

10 THE CHAIRMAN: Okay, Item Number 7 is being

11 is held over, that's the property known as 470

12 Nepperhan Avenue. There will be no presentation, no

13 action on Item Number 7 this evening.

14 Item Number 8 is a site plan review for a

15 proposed 26-unit residential building at Block 36,

16 Lots 27, 29, 30 and 31 on the property known as 88 &

17 94-100 Saratoga Avenue pursuant to Article IX of the

18 Yonkers Zoning Ordinance.

19 Julio Leder-Luis is representative for the

20 proposal.

21 Mr. Leder-Luis.

22 MR. BUENO: Good evening, Mr. Chairman and

23 Board members, Mr. Leder-Luis won't be presenting. We

24 represented Mr. Julio Leder-Luis at the September 9th

25 meeting. My name is Frank Bueno from Leder-Luis

DIAMOND REPORTING 718-624-7200 Proceedings 38 1 Architectural Design.

2 THE CHAIRMAN: Go ahead, Mr. Bueno.

3 MR. BUENO: Thank you.

4 Good evening, Mr. Chairman and Board

5 members. As I said, my name is Frank Bueno on behalf

6 of Leder-Luis. I will be presenting on behalf of

7 Leder-Luis as I did in our September meeting.

8 Based on the meeting we had on September

9 9th, we provided a set of plans to answer prior issues

10 and concerns that the Board were questioning. We also

11 provided an itemized letter on how we answer each and

12 every one of those comments.

13 Our previous meeting, we were missing a

14 topographical survey, also the issue as part of the

15 Planning Board. So, we have included as part of our

16 package, a topographical survey for the Board members'

17 review.

18 And part of the package, we also included a

19 flow test report for the watershed, to protect the

20 watershed to make sure that we are in compliance and

21 that we are not disturbing the water system.

22 There's an issue, there was a question

23 raised about traffic on Saratoga Avenue. Our proposal

24 is that we will not be disturbing traffic flow and the

25 site is large enough to accommodate all trucks to be

DIAMOND REPORTING 718-624-7200 Proceedings 39 1 able to go into the site, drop off the construction

2 material, and then drive off without having to stop

3 traffic flow.

4 There was also an issue regarding the

5 garbage at 88 and 94 Saratoga. So, the garbage is to

6 be collected and placed in bins on the south side of

7 the property on 94 Saratoga Avenue where it will then

8 be collected from the garbage trucks, the garbage

9 company who's responsible for it.

10 The site plan was revised to incorporate all

11 property within 100 feet of all direction of the

12 property, of 94 Saratoga.

13 The landscaping was conveyed the first time

14 and we had modified the plans to itemize plants,

15 locations, and species, this is specified on the

16 plans.

17 The final issue was the retaining wall

18 between 94 and 88 Saratoga. The retaining wall is

19 already approved, plans were approved for the

20 retaining wall. The owner is to provide a skid (ph)

21 plan, and it is responsible for the maintenance of the

22 retaining wall against if there is any vandalism, he

23 is responsible to maintain the retaining wall at all

24 time.

25 Thank you, Mr. Chairman and Board members.

DIAMOND REPORTING 718-624-7200 Proceedings 40 1 I am I'm happy to answer any questions that you may

2 have.

3 THE CHAIRMAN: Thank you, Mr. Bueno.

4 Members of the Board, questions?

5 MS. FORSBERG: I have some questions.

6 THE CHAIRMAN: Yes, go ahead, Ms. Forsberg.

7 MS. FORSBERG: Is this market rate or

8 affordable housing, what's the demographic of the

9 tenancy?

10 MR. BUENO: Based on the size of the

11 project, we are proposing one affordable unit on the

12 first floor of 94 Saratoga.

13 MS. FORSBERG: And the rest are all market

14 rate?

15 MR. BUENO: The rest are all market rate,

16 yes.

17 MS. FORSBERG: What heating system are you

18 using for this project?

19 MR. BUENO: It's all electric that we

20 proposed, an electric heating system with one

21 exception, a unit for individual or baseboard heating

22 for each of the units --

23 MS. FORSBERG: So, hotel-style type units

24 for each apartment?

25 MR. BUENO: Yes.

DIAMOND REPORTING 718-624-7200 Proceedings 41 1 MS. FORSBERG: Okay. And the Fire

2 Department has taken a look at the driveway and deemed

3 it adequate?

4 MR. BUENO: I e-mailed Chief DeSantis, but

5 he did not, unfortunately, get back to me regarding

6 the fire escape. There is a fire hydrant directly in

7 front of the property.

8 MS. FORSBERG: Okay. So, we're just

9 waiting on his response and comments to this

10 application still?

11 MR. BUENO: Yes.

12 MS. FORSBERG: Okay. I don't have any

13 further questions at this time.

14 THE CHAIRMAN: Yeah, actually, along the

15 same lines, Lee, have we gotten anything from

16 Engineering? I think we were looking for some response

17 regarding retaining walls.

18 MR. ELLMAN: We just got the plans on late

19 Friday, late Thursday evening or Friday morning. So,

20 with the rush to get current stuff out, I honestly

21 don't recall if we had sent those out for other

22 departmental review yet. Now that we're past the

23 meeting, we'll circle back and catch up. They sent

24 their material in very late.

25 THE CHAIRMAN: Okay, but we do have what we

DIAMOND REPORTING 718-624-7200 Proceedings 42 1 need to give to the engineers at least?

2 MR. ELLMAN: Yes, yes. Well, we have what

3 they gave us. Again, they brought their material in

4 so late that we just had to put it aside and deal with

5 the material that needed to come up for this meeting.

6 THE CHAIRMAN: I understand, Lee. I'm not

7 making a comment on it, I just wanted to make sure

8 that I didn't miss anything out of my materials. And

9 I do notice, yeah, they stamped it October 8th, for

10 the receipt on these items.

11 Yes, Adelia, you have a question?

12 MS. LANDI: Yes. When Mr. Bueno was

13 speaking, he was talking about having ample space in

14 the back where he would be able to leave the

15 construction material, et cetera, but on one of the

16 letters that I read, it is requesting that the parking

17 along the front of the proposed new building, the east

18 side of the street only, be suspended during

19 construction operations so that vehicles performing

20 material deliveries can park and not block the traffic

21 on Saratoga.

22 How long a span of time are we talking about

23 for that area to be deemed no parking?

24 MR. BUENO: It would be, honestly, I don't

25 have an answer on the set timing. I will assume it

DIAMOND REPORTING 718-624-7200 Proceedings 43 1 will be in the morning hours when most of the material

2 will be delivered. Unfortunately, I can't give you a

3 set timing.

4 MS. LANDI: So, we're not talking no

5 parking for the duration of the construction?

6 MR. BUENO: No, we're not. It will be only

7 within a certain amount of time in the morning hours.

8 MS. LANDI: For the deliveries only.

9 MR. BUENO: Only for deliveries.

10 MS. LANDI: Thank you.

11 MS. FORSBERG: Has an MPT plan been

12 submitted for the construction process? I know you

13 said it wouldn't have any affects on parking in the

14 back, but has an MPT plan been submitted? It seems

15 like a tough topography for construction.

16 MR. BUENO: No, no plan has been submitted.

17 There is a front yard, it's not a property line to

18 property line building, we do have space all around

19 the buildings that we will be able to just drop off

20 the construction materials and just bring it onto the

21 property.

22 MS. FORSBERG: So, all the staging is

23 within the property line?

24 MR. BUENO: Right, all the staging is within

25 the property line.

DIAMOND REPORTING 718-624-7200 Proceedings 44 1 MR. ELLMAN: Mr. Chairman, may I?

2 MS. FORSBERG: Roman seems to be having a

3 little difficulty. He's coming in green.

4 MR. ELLMAN: I'm now looking for that, I'm

5 curious.

6 MR. KUNTZ: Roman, you're not coming in, as

7 well, although you are unmuted. Roman, you had a

8 problem I think last time and you went to your phone.

9 It sounds like maybe you're having a computer problem.

10 We can see your lips moving, but at least I can't hear

11 you speak. Can anybody else hear him speak?

12 MS. LANDI: No.

13 MR. ELLMAN: No.

14 MR. KUNTZ: Roman, you might have to go to

15 your phone, unless you accidentally turned off the

16 mic.

17 THE CHAIRMAN: How about now?

18 MR. ELLMAN: Yes.

19 THE CHAIRMAN: Okay. I heard you guys, it

20 sounded like a Pink Floyd song, you can see my lips

21 moving, but you can't hear what I say. I guess my

22 head phones were dying and I had it plugged in on one

23 plug, but the other one is working better. I'm sorry.

24 Yes, Lee, go ahead.

25 MR. ELLMAN: I was just going to ask Mr.

DIAMOND REPORTING 718-624-7200 Proceedings 45 1 Bueno if he is saying that there's no need for the

2 parking lane, if he's confident enough about that,

3 that he is willing to accept a condition that there be

4 no construction parking on Saratoga. I just think

5 before he says something like that, he should be very

6 much more certain that he's not going to need the

7 parking lane as most construction projects do. It's a

8 tight enough neighborhood that the neighborhood would

9 appreciate not losing its parking to a crane or to

10 material stored on the sidewalk or street side. I'm

11 just suggesting that he double check before he make

12 that as an affirmative statement.

13 THE CHAIRMAN: Mr. Bueno, did you hear Mr.

14 Ellman's comments?

15 MR. BUENO: Yes, I did. I will follow his

16 suggestion and double check.

17 THE CHAIRMAN: All right, George, where are

18 we getting this echo from?

19 (Whereupon there was a brief pause in the

20 proceedings.)

21 THE CHAIRMAN: All right.

22 MR. ELLMAN: You're fault, Mr. Chairman,

23 you're the one who said Pink Floyd, and all of a

24 sudden, the meeting started sounding like Pink Floyd.

25 THE CHAIRMAN: All right. So, since we're

DIAMOND REPORTING 718-624-7200 Proceedings 46 1 waiting for some review from the Engineering

2 Department as it is, Mr. Bueno, if you can just double

3 check and make sure that if there is going to be any

4 change in what you're requirements will be, make sure

5 you don't wait too late and let the Bureau know

6 exactly what you're staging process is going to be and

7 the construction phase, what it's going to require.

8 Is that understood by everyone, is that all

9 right?

10 MR. BUENO: Yes, sir.

11 THE CHAIRMAN: All right. In that case, if

12 no other questions from the Board members or from

13 staff?

14 Okay, then we thank you very much, Mr.

15 Bueno, and we'll see you at our next month's meeting.

16 MR. BUENO: Thank you, Mr. Chairman.

17 THE CHAIRMAN: Thank you.

18 All right, moving to Item Number 9. Item

19 Number 9 is being held over at the applicant's

20 request. That is the property at 1055, also known as,

21 1060 Nepperhan Avenue. There will be no presentation,

22 no action, on that item this evening.

23 Also being held over is Item Number 10,

24 which is property at 87 Waverly Street. There will be

25 no action, no presentation, on that item either.

DIAMOND REPORTING 718-624-7200 Proceedings 47 1 We then move to new business. Item Number

2 11 is a site plan review for a proposed driveway ramp

3 and retaining wall at Block 5638, Lot 48 on the

4 property known as 759 Palmer Road pursuant to Article

5 IX of the Yonkers Zoning Ordinance.

6 Thomas Haynes is here as representative for

7 the proposal.

8 Mr. Haynes. Mr. Haynes, please unmute your

9 microphone. There you go.

10 MR. HAYNES: Can you hear me?

11 (Whereupon there was a brief pause in the

12 proceedings.)

13 MR. KUNTZ: Tom, can you hear us?

14 MR. HAYNES: Yes.

15 THE CHAIRMAN: There we go.

16 MR. KUNTZ: Sounds good.

17 MR. HAYNES: I don't want to touch anything

18 and fool around with it again.

19 Okay, some of the members, I'm sure are very

20 familiar with this project. It's been kicking around

21 forever. We're in a position now and I reconfirmed

22 this today, you know, this is a 35-unit project that's

23 been going on for the longest time.

24 There's a new owner in there, it went to

25 bankruptcy, they bought it. What this owner is

DIAMOND REPORTING 718-624-7200 Proceedings 48 1 looking to do is take out the trailer, take off the

2 temporary fence, and secure the property.

3 We need to come back with a whole new site

4 plan application, but first we need to go to the

5 Zoning Board to reestablish. All of the approvals are

6 over, they can't just be resurrected, we need to

7 re-file for those. So, what this was, this was not an

8 amendment to the original site plan, this was a new

9 one just to get in there and clean it up and secure

10 the building.

11 One of the problems is, obviously, there's a

12 big hole where the garage door is going to be. So,

13 this application was just to put some paving in, put

14 some drainage in so the water doesn't flow into the

15 building, get the garage door in, and then put a wall

16 there, you know, for the driveway. That's the extent

17 of it.

18 You know, if we have to wait until we go

19 through all of this, it's going to be seven or eight

20 months before we're probably going to be back to the

21 Planning Board with a whole new site plan application.

22 THE CHAIRMAN: I hear you. I'm looking at

23 my notes, because I guess the idea would have been to

24 see how this is being integrated into the existing

25 plan, but what you're saying is the existing plan is

DIAMOND REPORTING 718-624-7200 Proceedings 49 1 no longer going to be the plan that's going to be

2 followed, so it's going to be difficult for you to

3 integrate this particular part of something that's not

4 going to take place.

5 MR. HAYNES: Well, I mean, we need to re-

6 file again the application. The original application

7 was from 2015.

8 THE CHAIRMAN: No, no, I understand.

9 MR. HAYNES: So, I'd have to come back with

10 a whole new site plan application, but we were just

11 looking to just take care of this so we can clean up

12 the site, take out that unsightly fence, they can do

13 some grass cutting there, get the trailer out of

14 there, close the hole where the overhead door is going

15 to go, and just leave it that way until we go through

16 the zoning and then the site plan review.

17 THE CHAIRMAN: Lee, is there a way where a

18 new owner can secure a property without, under some

19 emergency basis that doesn't require full site plan

20 review?

21 MR. ELLMAN: Yes, there is nothing that

22 would stop them from cleaning up the property, from

23 changing the construction fence and getting rid of the

24 trailer. The thing that we thought was being filed

25 for, because that's what the plans seem to indicate,

DIAMOND REPORTING 718-624-7200 Proceedings 50 1 it looked like there was a new driveway. We were

2 looking to see what the issue was with the, how it was

3 going to go into the interior of the building.

4 I mean, it was simply not clear to us and it

5 wasn't explained in the narrative, so, you know,

6 that's why we sent the Board the conditions, the

7 conditions, I'm sorry, the comments that we did.

8 THE CHAIRMAN: Okay. So, we all understand

9 what happened, but now what would be the best way for

10 the applicant to proceed at this time?

11 MR. ELLMAN: To immediately speak with the

12 Building Department, certainly on the construction

13 cleanup, and then if we can get our questions

14 answered, we'll be able to get the Board a report and

15 resolution at next month's meeting.

16 In the meantime, the cleanup, the cleanup is

17 not a site plan issue, construction cleanup, et cetera

18 is not a site plan issue.

19 MR. HAYNES: No. No, but what it does do is

20 we don't want to do that while there's an opening into

21 the building. I don't want to do that, there's no

22 security. So, I mean, that will wait, obviously,

23 until we get your approvals.

24 MR. ELLMAN: Tom, we looked at your plans.

25 They're, they were not clear as to what you wanted to

DIAMOND REPORTING 718-624-7200 Proceedings 51 1 be done, you know, Christine was reviewing it and was

2 trying to get answers and was not able to. So, that's

3 why we are where we are.

4 MR. HAYNES: Yeah, well, I thought it was

5 pretty clear, it shows a driveway and a wall, that's

6 pretty much it, with a drywell. The notes I think

7 indicate what we were proposing.

8 THE CHAIRMAN: Now that we're almost on the

9 same page, can we just go ahead? I don't know if

10 there's anything for the Planning Board at this point

11 to review. Is that something that we can work out

12 within the next 30 days?

13 MR. ELLMAN: Absolutely.

14 THE CHAIRMAN: All right. Then why don't

15 we leave it at that. I know that there was, if any

16 work was going to proceed at the location, I think one

17 of the requirements of the Zoning Board, there was a

18 requirement that a speed checker would be used on the

19 curb there along Palmer Road. And I noticed that it's

20 there, but it's not functional. I'm pretty sure that

21 anything that we're going to be approving is going to

22 require for safety purposes that that be reinstated

23 and be functional. So, you might, Mr. Haynes, let the

24 applicant know that that's going to be part of our

25 requirements.

DIAMOND REPORTING 718-624-7200 Proceedings 52 1 MR. HAYNES: Sure, absolutely. I don't see

2 that as an issue.

3 THE CHAIRMAN: It's minor, but it could be a

4 point. There's been some tragic accidents on that

5 curb and I think it's important that safety be

6 followed first.

7 MR. HAYNES: Okay.

8 THE CHAIRMAN: So, why don't we leave this

9 for today, get what we need in the meantime to get you

10 guys in a position to at least shore up the building

11 and get you ready for the next stage of the plans

12 process.

13 MR. HAYNES: Okay, very good.

14 THE CHAIRMAN: Excellent. Lee, are we good

15 with that, nothing else on this?

16 MR. ELLMAN: Sure, that's fine.

17 THE CHAIRMAN: Excellent. Thank you very

18 much.

19 Members of the Board, no other questions,

20 right?

21 MS. FORSBERG: No.

22 THE CHAIRMAN: Great. Okay, thank you, Mr.

23 Haynes.

24 Item number 12 is a referral from the

25 Yonkers City Council for amendments to the Zoning map

DIAMOND REPORTING 718-624-7200 Proceedings 53 1 and zoning ordinance affecting the real properties

2 commonly known as the Teutonia Hall site, the Chicken

3 Island site and the North Broadway site as designated

4 on tax map City of Yonkers as a whole slue of Block

5 and Lots, I'm not going to name them all, properties

6 on Buena Vista, Palisade, Overlook Terrace, North

7 Braodway and Baldwin Place.

8 And Mr. Mark Weingarten is here as

9 representative for the proposal.

10 Mr. Weingarten.

11 MR. WEINGARTEN: Good evening, Mr. Chairman.

12 Can you hear me?

13 THE CHAIRMAN: Yes, I can.

14 MR. WEINGARTEN: Okay, great.

15 Good evening, Mr. Chairman, members of the

16 Board. My name is Mark Weingarten, I'm a partner with

17 the law firm of DelBello Donnellan Weingarten Wise and

18 Wiederkehr, and it is indeed my pleasure to be here

19 this evening representing AMS Acquisitions LLC, and

20 its affiliated companies as the owners and contract

21 vendees for parcels of land underlying three project

22 sites in downtown Yonkers. The project sites are

23 referred to as the Teutonia Hall site, Chicken Island

24 site, and the North Broadway site.

25 On August 25th, we filed a petition on

DIAMOND REPORTING 718-624-7200 Proceedings 54 1 behalf of AMS which requests certain modifications to

2 the Yonkers Zoning Ordinance Zoning Map to facilitate

3 three proposed projects which consists of the

4 following:

5 The Teutonia Hall site proposal consists of

6 two 40-story residential towers with 906 luxury multi-

7 family units, 15,000 square feet of street-level

8 retail with 956 parking spaces.

9 The Chicken Island site proposal consists of

10 six buildings varying in height from 25 feet to 400

11 feet with approximately 2,000 luxury

12 multifamily apartments, approximately 70,000 square

13 feet of retail and 2,200 parking spaces.

14 Finally, the North Broadway site proposal

15 consists of 650 luxury multifamily and townhouse

16 residential units, approximately 17,000 square feet of

17 retail, and approximately 750 parking spaces.

18 These projects all within a half-mile walk

19 from the Metro North train station continue the

20 remarkable renaissance of downtown Yonkers.

21 AMS seeks to follow the footsteps of the

22 City's achievements at the waterfront, the Saw

23 Mill River Daylighting, the RXR project, and so much

24 more. We believe that our proposed mixed used transit

25 oriented developments which reflect the unprecedented

DIAMOND REPORTING 718-624-7200 Proceedings 55 1 level of investment in Yonkers validates the City's

2 vision for its downtown. The plan is working and it

3 is now time to achieve the goals.

4 AMS believes in downtown Yonkers and if

5 given permission will bring forward the vision for the

6 downtown which you and your predecessors have been

7 working towards, frankly, for decades.

8 I am joined tonight by a full team, I'll

9 only introduce a few of those who will be speaking.

10 First, I'm joined by Michael Mitnick of AMS. AMS is a

11 real estate investment firm focused on the acquisition

12 and development of prime real estate locations in the

13 tri-state area. It was founded in 2012 by Michael

14 Mitnick and Abraham Abadie. AMS has built a portfolio

15 of development projects with all asset classes

16 throughout New York City and has also acquired

17 approximately 750,000 square feet of class A office

18 space in Connecticut.

19 Recently AMS shifted its focus to

20 Westchester and New Jersey. They invested for the

21 first time in Yonkers when they purchased the Trolley

22 line site at 92 Main Street, a 78,000 square foot

23 mixed used loft building and, thereafter, purchased 86

24 Main Street across the street, a 70,000 square foot

25 office building. In sum, AMS has grown exponentially

DIAMOND REPORTING 718-624-7200 Proceedings 56 1 with more than a billion dollars of transactions

2 aggregating more than a million square feet prior to

3 this project.

4 We're also joined, and you will hear shortly

5 from John Clifford who is the founding principle of S9

6 Architecture, a well-known, frankly, regional and

7 national company, and you will see some of their work.

8 And then you will hear briefly from Nina

9 Peek, our planner at AKRF. And the only other person

10 I'm going to mention, and we have more with us, is my

11 partner Janet Giris, who is well known to all of you.

12 In short, the petition seeks certain zoning

13 modifications and zoning map amendments to accommodate

14 the proposals. These include changes which will

15 permit AMS to achieve the proposed project densities,

16 heights, design, and create additional much needed

17 affordable housing. The specifics of these requests

18 will be delved into in much greater detail during our

19 work with you moving forward.

20 As required by the Yonkers Zoning Ordinance

21 and the New York State Environmental Quality Review

22 Act, your Board will play many roles in the review of

23 this proposal. Your Board is required to review and

24 report its information back to the City Council

25 regarding the requested relief under the Zoning Code

DIAMOND REPORTING 718-624-7200 Proceedings 57 1 and map. Your Planning Board will be required to

2 conduct a site plan review. And you will also play a

3 major role in the environmental review as either the

4 lead agency or as an involved agency under SEQRA.

5 Either way, we will work with you to create

6 the required environmental impact statement which will

7 truly test our hypothesis and make sure that the

8 projects are appropriate for your city.

9 With that said, and with much more process

10 ahead, we seek to commence the process this evening by

11 having our architect John Clifford from S9 give you

12 a general overview of the proposals which will be

13 followed by a brief discussion of the environmental

14 review process by our planner Nina Peek from AKRF.

15 Okay, John, go ahead.

16 MR. CLIFFORD: Good evening, Mr. Chairman,

17 members of the Board. If there's a way we could

18 screen share and my colleague Ryan Sutherland is on

19 here, so I would like him to be able to share his

20 screen.

21 THE CHAIRMAN: I believe we have that

22 ability, George.

23 MR. KUNTZ: Yes, you just have to go to the

24 share button.

25 MR. CLIFFORD: There we go.

DIAMOND REPORTING 718-624-7200 Proceedings 58 1 MR. KUNTZ: There you go.

2 MR. CLIFFORD: Okay, everyone can see the

3 screen?

4 THE CHAIRMAN: I'm good.

5 MR. CLIFFORD: Okay, great.

6 We're really excited to bring forth this

7 proposal for the three sites around downtown Yonkers

8 and we're going to go through how we came about this a

9 little bit more holistically looking at this in a more

10 urban planning point of view and how it could greatly

11 affect for the betterment of Yonkers.

12 So, a little bit about a us, I mean, Mark

13 gave us a little bit of an intro. We are a 70-person

14 firm based in New York, but we do work all over North

15 America. And our specialty is really master planning

16 and architecture that really relates to the local

17 neighborhoods that we're working in. So, we don't

18 like buildings that can be transported from one city

19 to another. We really try to extract the DNA of

20 specific neighborhoods and their history and study

21 that, and integrate that into our urban plans, as well

22 as our architecture.

23 So, the next slide is just a couple of our

24 portfolio works. So, these are different buildings,

25 and if you start looking, you can see the different

DIAMOND REPORTING 718-624-7200 Proceedings 59 1 places. One is in in Brooklyn. Then in

2 Raleigh, there was a whole master plan for what they

3 call the warehouse district and the architecture that

4 goes with it.

5 Next. And then some in East Village, which

6 is a smaller more townhouse scale. Manhattan Avenue

7 is actually in Green Point where there are a lot of

8 warehouses, these are new buildings that we built

9 there.

10 And even in high-rise, this is in Soho

11 Hudson Square, so it's a modern interpretation of the

12 loft buildings and the printing press buildings that

13 were there. This is a building that's just being

14 completed now.

15 And then in terms of master plans, we worked

16 all over North American and we're very proud that our

17 master plans actually get built. So, from Ottawa to

18 St. Paul, these are complete or in construction.

19 Next slide. Then we did a big project in

20 Atlanta that re-justified a whole neighborhood.

21 All right, so, back to Yonkers. What we

22 started with is really looking at how Yonkers was laid

23 out, it's history, and where the strong investments

24 were made and how we could leverage and reinforce

25 those.

DIAMOND REPORTING 718-624-7200 Proceedings 60 1 Next slide. So first we looked at all the

2 investment that's been happening in Yonkers, the

3 successful investment, and that's both private and

4 public sector. Most of the private sector has been

5 along the waterfront with the exception of RXR, that's

6 a little more inland, the recent development. And

7 City and government have really invested wisely

8 especially in Van Der Donck Park and the daylighting

9 of the Saw Mill River, and the daylighting even up to

10 Mill Street and farther up at Chicken Island at

11 Nepperhan and New Main Street. So, we wanted to think

12 how we could take all of this investment and make this

13 better.

14 Next slide. So, the three areas that we're

15 looking at for the rezoning are what we're calling the

16 Teutonia site, the former area of Teutonia Hall and

17 Buena Vista.

18 The North Broadway site, which you'll see

19 later, even though we will call it the North Broadway

20 site, it's really up North Broadway on Overlook

21 Terrace and Baldwin Place.

22 And then the Chicken Island site, that's the

23 parking lot at Nepperhan and New Main Street and

24 Palisade Avenue.

25 And we looked at how Yonkers was

DIAMOND REPORTING 718-624-7200 Proceedings 61 1 historically laid out, where it came from, how it

2 became this way. And it's a series of smaller blocks,

3 thinking about how that would play into our rezoning

4 especially on Chicken Island, which right now is a big

5 piece of land, and looking at how we can integrate

6 into the surrounding neighborhoods. That these would

7 not be redevelopment projects, these would be additive

8 contextual neighborhoods to the existing neighborhood

9 and reinforcing what's already there.

10 Again, just some of the public investment

11 that's done so well that's so impressive; the

12 daylighting by the train station at Van Der Donck

13 Park; what's happened at Mill Street and the

14 courtyards, and how European that feels and

15 interesting; and then the daylighting off at Nepperhan

16 and New Main at the Chicken Island site.

17 So, those all form the series of impressive

18 public ground places that follow loosely the path of

19 the Saw Mill River. And it goes right through Getty

20 Square and downtown Yonkers, the heart and sole of

21 downtown Yonkers.

22 And our three zoning areas all kind of ring

23 this, and what we want to do is make this additive to

24 that spine and to that development and think

25 about productivity and how economic development from

DIAMOND REPORTING 718-624-7200 Proceedings 62 1 our three rezoning parcels will add to the investments

2 that's already been made to make this a more cohesive

3 connected city for downtown.

4 Next slide. And really focusing on Getty

5 Square as being the heart and sole of downtown. Most

6 of the development has been at the riverfront but,

7 historically, the City met and mingled around Getty

8 Square and North Broadway.

9 So, again, just looking at how we're going

10 to insert our three neighborhoods into this. We're

11 going to talk about each of those and see how they fit

12 into these puzzle pieces.

13 Next slide. So, our design proposals, we're

14 going to go through each of them independently and

15 look at it holistically at the same time, how this is

16 going to affect Yonkers.

17 So, here's an aerial view, obviously from

18 the west, you can see RXR's development in the middle.

19 And this shows all of the rezoning, a full build-out

20 of what it would be.

21 So, the Teutonia site is in the foreground,

22 there are two buildings right there on Buena Vista

23 above the MTA railroad right-of-way.

24 What we call the North Broadway site, so the

25 two buildings up on top of the hill, that's at the end

DIAMOND REPORTING 718-624-7200 Proceedings 63 1 of Overlook Terrace and Baldwin Place.

2 And then the Chicken Island site up at the

3 upper end of the photograph here across from City Hall

4 where the daylighting is.

5 So, first we'll look at Chicken Island and

6 North Broadway. So, just in context again, this is an

7 aerial with City Hall at the bottom left there and

8 Getty Square in the middle, and North Broadway. So,

9 as I said, the North Broadway parcels barely touch

10 North Broadway. We're going to show how we connected

11 that, they're separated topographically from North

12 Broadway by a steep embankment.

13 And Chicken Island is surrounded by

14 Palisade, New School, James and Ann Street, New Main

15 and the daylighting.

16 Next slide. This is a blocked out massing

17 and we're going to look at architectural language and

18 more detailed massing a little bit later. So, this

19 just shows the blocked out massing of the proposed

20 buildings and their use. So, these are all

21 residential buildings for the Armory Park with ground

22 floor active retail on all of the active retail

23 streets.

24 And you can see that we're breaking up,

25 especially on Chicken Island, that large parcel into

DIAMOND REPORTING 718-624-7200 Proceedings 64 1 smaller blocks that are more in character with Yonkers

2 street system and connecting out to Palisade, New

3 School, and New Main Street, and we'll get the detail

4 of that.

5 Next slide. So, again, here we're just

6 going to zoom in on these two areas. So, this is the

7 existing condition. And you can see the proposed, you

8 see Chicken Island in the upper right and the North

9 Broadway buildings in the middle upper.

10 So, now just going into the details of what

11 we call the Chicken Island parcel. Again, there's the

12 massing program. You can see that we're setting

13 up our massing for the zoning so that all of the

14 height steps down to the daylighting and the park,

15 really making that kind of a centerpiece of this

16 neighborhood, and that we have connections still to

17 New Main Street to New School Street and to Palisade

18 to reinforce that, as well so that we're not turning

19 inward, but we're addressing the existing street

20 scape, which we'll show you further on and how that

21 might look on those perimeter streets.

22 This is a view, obviously, Nepperhan is in

23 the foreground, City Hall.

24 Next slide. And then massed in, again, you

25 can see that the massing of the buildings and their

DIAMOND REPORTING 718-624-7200 Proceedings 65 1 height is stepping away from the park and the

2 daylighting, you can see a new street that's cut

3 through that comes out to Palisade from that

4 daylighting. The existing public streets are all

5 maintained that are on the site, so it's still porous

6 to New School Street and New Main Street.

7 And then really most people recognize

8 neighborhoods and cities by what they see on the

9 ground. I've been showing you all these kind of

10 birds-eye, or drone view, really just to explain the

11 whole context of the neighborhood, but we wanted to

12 see how this would reinforce different street

13 conditions.

14 So, this is Palisade looking up the hill

15 from Getty Square. The new fire station will be

16 beyond this, that's James Street right on there. And

17 Palisade is a strong chopping street that ties into

18 the whole downtown commercial district, and we wanted

19 to make sure that we reinforce that. It's a smaller

20 street with smaller context, so we wanted to also

21 respect that on street level.

22 Next slide. So, this is proposed, we

23 shifted the camera so we could see farther up the

24 street just because the street curves and you wouldn't

25 be able to see much.

DIAMOND REPORTING 718-624-7200 Proceedings 66 1 What we're proposing at this edge of the

2 Chicken Island rezoning district is a very contextual

3 podium with heights that match the context on

4 Palisade. The tower is set way back, and thinking

5 about it as being rising out on the contextual base.

6 It's hard to see here but the first street here is

7 James Street that goes into the Chicken Island

8 neighborhood, and then there's another second street

9 midway up the block on Palisade that also connects

10 into the Chicken Island neighborhood. So, this would

11 kind of dumbbell the end of the Palisade

12 Avenue shopping street and give that energy with Getty

13 Square at the other end to kind of reinforce that as

14 well, thinking about human scale activity on the

15 smaller scale that's on Palisade Avenue and Getty

16 Square.

17 Next slide. And then a view from the corner

18 of New Main Street and Nepperhan for the Daylighting

19 Park and now, fortunately, it's activated only by the

20 parking lot in the back.

21 Next slide. Putting in the full build where

22 you can see that the street that connects out to

23 Palisade Avenue kind of terminates right at the park.

24 The massing of the buildings is lower height as it

25 comes up to the park, active retail restaurant use on

DIAMOND REPORTING 718-624-7200 Proceedings 67 1 all of the streets facing in, so it's as extension of

2 the Getty Square downtown neighborhood and not an

3 insular neighborhood.

4 This is a view -- So, the other perimeter

5 condition is along New School Street. Right now we

6 have the parking lot on the left, the former fire

7 house station on the right. You can see the new fire

8 house being constructed at the end of New School

9 Street. And we own the parcel that's, parcels on both

10 sides of the street so we think of this as a very

11 important street to make a two-sided street.

12 Next slide. So, this shows the full build-

13 out again. So, you can see that the reinforced street

14 wall with a podium and then the towers are set back on

15 both sides of the street, active retail restaurants

16 that wrap and bring you into the neighborhood, but

17 also reinforce New School Street until it comes up to

18 the fire station corner at Palisade.

19 Then another aerial view, so you'll see it

20 filled in. So, you can see that this context kind of

21 ties back into New School, New Main, and Palisade, and

22 provides more energy, more pedestrian activity, that

23 would be walking through downtown to get to the train

24 station, they would use downtown and Getty Square as

25 their service and commercial area.

DIAMOND REPORTING 718-624-7200 Proceedings 68 1 Now we're going to go to the North Broadway

2 sites. So, the North Broadway sites, what we're

3 proposing are residential buildings that are at the

4 end of Overlook Terrance and Baldwin Place with a

5 contextual connection down to the North Broadway Getty

6 Square neighborhood. There is a significant slope and

7 grade change there, and we're going to show you how

8 we're doing that by contextual buildings on North

9 Broadway, but also a new public realm staircase

10 connection that brings you to the upper part of the

11 neighborhood.

12 This is a scenario that shows where exactly

13 this site is because it might look confusing in these

14 aerial renderings that we're doing, but you

15 have Locust Hill Avenue that's going up a hill from

16 Palisade Avenue, and then Baldwin Place and Overlook

17 continue up to the top of this kind of escarpment that

18 is on the back of North Broadway. So, the bulk of the

19 area is up at the top of that kind of plateau. We

20 have a couple of penetrations on North Broadway on

21 what I'm calling the lower part of the lot that we're

22 using for the connection for this neighborhood.

23 Next slide shows the aerial view showing

24 existing, so you can see where Baldwin Place

25 and Overlook Terrace is and Locust Hill in the

DIAMOND REPORTING 718-624-7200 Proceedings 69 1 background, just to give you context. You can see how

2 much farther below the hill is North Broadway.

3 And then this is North Broadway massed in

4 with Chicken Island to the upper right. And we're

5 going to zoom in a little bit to look at what this

6 feels like on North Broadway, a pretty historic

7 street, an essential part of downtown Yonkers.

8 Next slide. This is a view from Van Der

9 Donck Park looking up the hill, North Broadway is

10 right at the foot of the hill. And then the Baldwin

11 Place tower is on the left, and the Overlook Terrace

12 tower is on the right.

13 So, how are we making this connection

14 between what I'm calling the upper part of the city

15 and the lower part of the city? You can see that

16 we're stepping the buildings down dramatically to

17 contextual kind of tie-ins on North Broadway, on both

18 building lots, both the Baldwin Place and Overlook

19 Terrace have that.

20 But at Overlook Terrace, what we're trying

21 to do is extended Overlook Terrace to a public

22 staircase, and we'll show you how we're doing that.

23 It has active uses on it that connects this upper part

24 of Yonkers to the commercial core of Getty Square,

25 North Broadway and ties into the Mill Street

DIAMOND REPORTING 718-624-7200 Proceedings 70 1 daylighting project that's already been done by the

2 City.

3 Next slide. So, this is the existing

4 condition, you can see that escarpment. And the next

5 one shows up close how that public staircase, that

6 public realm staircase, is coming from the top of

7 Overlook and coming down. And our building is kind of

8 stepping up with outdoor dining on some of those roofs

9 and tying in to activate that public realm and the

10 lower contextual building on North Broadway that ties

11 into the historic character of Getty Square.

12 Next slide. This is the existing view, this

13 is the building that we would be demolishing to make

14 this connection. So, this is right from the Mill

15 Street courtyard that opens up onto North Broadway.

16 So, the proposal is to tear down that

17 smaller one-story building, build a staircase

18 that goes in there. We provide ADA access through our

19 building in our lobby. And then stair-stepping this

20 building up with active uses that brings you up to

21 Overlook Terrace.

22 Okay, the final, last but not least, parcel

23 is the Teutonia site on Buena Vista. So, the parcel

24 is on the west side of Buena Vista on kind of a bluff

25 above the MTA right-of-way. It's a long rectangular

DIAMOND REPORTING 718-624-7200 Proceedings 71 1 lot, and we're proposing two towers over a contextual

2 podium, former Teutonia Hall site.

3 This shows it massed in at full build along

4 Buena Vista. And then looking at this view, what this

5 means to the street view. So, this is looking down

6 the hill toward the train station. So, the river is

7 on the left, and our site is the chain-link fence area

8 on the left.

9 So, really thinking about making this podium

10 feel like a series of smaller buildings and not one

11 large building, breaking that down even further with

12 human scale storefronts. And then we are bringing in

13 the Teutonia Hall facade and incorporating that into

14 our facade, you can see it about three-quarters of the

15 way down, within this podium building to kind of

16 preserve that history and remind everyone what was

17 here, this part of Yonkers history.

18 You can see the towers are set very far back

19 from the top of the podium, as well, the contextual

20 podium.

21 Next. So how does this all come together

22 for Yonkers again? We talked about we have this

23 investment that's been done along the waterfront for

24 the most part, and then we've had a lot of government

25 investment on this public realm improvements that kind

DIAMOND REPORTING 718-624-7200 Proceedings 72 1 of form this string along the Saw Mill River up to

2 Nepperhan and New Main. And downtown Getty Square is

3 kind of in like this basin, if you will, around there

4 with the upper city on North Broadway, Chicken Island

5 at the end at Nepperhan, and then the topography

6 changes again. And then if go from Van Der Donck Park

7 up Buena Vista, it's going up a hill, so kind of

8 surrounding downtown with these energy-driver

9 residential neighborhoods to feed downtown and

10 strengthen the investments that have already been

11 made.

12 This is an existing shot, and then massed

13 in, so you can see that kind of Nepperhan actually

14 kind of forms this logical ring for the downtown core

15 on that side, and then Van Der Donck Park, more or

16 less, does on the other. And then the hill at North

17 Broadway kind of completes that. So, the whole

18 section of downtown now starts getting completed up to

19 its kind of logical geographical parameters.

20 Just kind of a different view in the day

21 from over the river. So, massed into the county and

22 the foreground, Chicken Island in the upper right and

23 North Broadway with the RXR site in the middle, and

24 Getty Square and downtown right at the middle of all

25 that, and the string of the public spaces connecting

DIAMOND REPORTING 718-624-7200 Proceedings 73 1 all the way from Chicken Island down to the river

2 front and the train station.

3 Another view looking toward the river. And

4 then built-in, again, you're seeing that downtown is

5 preserved with its walkable landscaping and then it's

6 tied in.

7 Finally, then, this is just a summary of all

8 the program that I think you have in your package for

9 each of the individual parcels. The zoning of that

10 program would be realized.

11 Now Nina is going to talk a little bit about

12 the environmental.

13 MS. PEEK: Hi. Thanks so much, John, thank

14 you, Mark. Can you hear me okay?

15 MR. WEINGARTEN: Yes.

16 MS. PEEK: Yeah, okay, thank you.

17 Good evening, Mr. Chairman and members of

18 the Planning Board. My name is Nina Peek, I'm a Vice

19 President and Director of AKRF Hudson Valley office

20 located in White Plains.

21 As many of you may know from AKRF's prior

22 work in the City of Yonkers, we are an

23 approximately 350-person environmental consulting firm

24 with offices throughout the northeast and mid-Atlantic

25 states, and some of the most important work we do is

DIAMOND REPORTING 718-624-7200 Proceedings 74 1 on behalf of communities and private developers

2 shepherding projects through the State Environmental

3 Quality Review Act process.

4 As Mark mentioned, we've been working with

5 the AMS project team and City staff for the past

6 several months. In August, we prepared and submitted

7 the formal application package to kick off the

8 SEQRA process for this project which brings us here

9 tonight.

10 Based on our discussions with City staff, we

11 understand key issues of particular interests and

12 importance for the DEIS will include socioeconomic and

13 fiscal impacts, the community facilities impact for

14 school, police, emergency services providers, visual

15 impact, and issues of community character, and, of

16 course, traffic and transportation, which is always a

17 major concern for projects of any size.

18 Given the unusual circumstances driven by

19 the COVID pandemic, we've been working with the City

20 and agencies to develop alternative methodologies to

21 establish baseline analysis where, when conditions are

22 everything but normal, and will continue to do that.

23 So, over the next year or so, you'll see quite a bit

24 of us as we work through addressing the key

25 environmental issues for the project.

DIAMOND REPORTING 718-624-7200 Proceedings 75 1 As you know, there will be many

2 opportunities for community engagement and input

3 throughout the process. We look forward to working

4 with the community, the City, and the local

5 and regional agencies towards gaining approvals for

6 this important transformative project.

7 With that, thank you for your time and your

8 consideration. I'm sure that the Planning Board has

9 lots of questions about the presentation and I'll turn

10 it over to Mark.

11 MR. WEINGARTEN: Thank you, Nina.

12 So, Mr. Chairman that concludes the formal

13 part of our presentation. As Nina mentioned, and as

14 John mentioned, there's been a tremendous amount of

15 work to just get to this part, which is the beginning,

16 with you, and we hope you are excited about this as we

17 are, as this really is a transformative project. We

18 use that term all the time but, truthfully, that is

19 appropriate here.

20 And we'll turn it back to you for any

21 questions you may have or any other form of

22 discussion. Thank you.

23 THE CHAIRMAN: Can everyone hear me?

24 MR. KUNTZ: Yes, we can.

25 MR. ELLMAN: Yes.

DIAMOND REPORTING 718-624-7200 Proceedings 76 1 THE CHAIRMAN: Good, because I'm having a

2 little problem with my microphone here.

3 Yeah, it looks like an exciting project. I

4 was just looking for the ball field on top of one of

5 your buildings, and noticed that might be missing, but

6 I think we can live without it. All kidding aside,

7 though, it does look like an exciting project.

8 Lee, I know we need to start the entire

9 process but, before we do that, members of the Board,

10 do we have questions for the applicants at this time?

11 I know there's going to be plenty of time but, at

12 least initially, your reaction or questions?

13 MS. FORSBERG: It's most certainly

14 transformative. I don't have any questions at this

15 time. It's exciting. I mean, so much environmental

16 work to do, I mean, I'm excited to embark on this with

17 the team. There's a lot of work to be done, but no

18 questions at this time.

19 THE CHAIRMAN: Thank you, Mackenzie.

20 Anyone else from our team?

21 MR. LARKIN: Yes, Mr. Chairman.

22 THE CHAIRMAN: Yes.

23 MR. LARKIN: I'm glad to see that we're

24 finally doing something with Teutonia. I remember

25 being on the council at the time when they actually

DIAMOND REPORTING 718-624-7200 Proceedings 77 1 took it down, and I'm glad to hear that you're using

2 some of the facade again in front of the building as

3 was originally proposed. And it is an exciting

4 development to see all three areas coming together.

5 So, we've seen proposals for the Chicken Island area

6 before and we're crossing our fingers and hopefully

7 this will finally come to fruition. I'm glad to see

8 you guys are on the right track.

9 THE CHAIRMAN: Okay. Anyone else from the

10 Board?

11 All right. My understanding, Lee, is that

12 originally the City Council had requested lead agency

13 and we're going to work with them in actually taking

14 that over tonight; is that correct?

15 MR. ELLMAN: Yes, the City Council has

16 started the process, they sent out lead agency

17 coordinated review notice. There has been significant

18 discussion amongst the parties; the administration,

19 the City Council, the applicant, about whether the

20 Planning Board would be the more appropriate body to

21 take over lead agency.

22 You know, the interesting thing is the way

23 the lead agency notices are sent out, they seem very

24 draconian, very harsh, they always say if you don't

25 respond in 30 days, we're taking lead agency and fine

DIAMOND REPORTING 718-624-7200 Proceedings 78 1 on you. But, realistically, it's actually meant to be

2 more of a process.

3 So, Mr. Weingarten, myself, the attorneys

4 representing the City Council caucuses have been

5 speaking about how we can best run this process in a

6 way that we would be able to run something smoothly,

7 run it in a way that would have a lot of public

8 access, and in a way that the City Council remains

9 very involved while not necessarily needing to make

10 the day-in-day-out decisions about when to hold a

11 meeting and how to respond to an applicant.

12 So, before the Board is a resolution

13 following through on the typical SEQRA lead agency

14 process saying that the Planning Board would fix that

15 as an involved agency, and only involved agencies can

16 seek lead agency, that as an involved agency, that it

17 would be the more appropriate body to take on this

18 work.

19 And I think Mackenzie had it right, it is

20 going to be quite a bit of work, it will undoubtedly

21 be quite the document because there is, there are a

22 lot of topics that really need to be looked at.

23 One of the things the Board should know is

24 that we will be able to bring on a consulting group

25 that will represent the City and the Planning Board so

DIAMOND REPORTING 718-624-7200 Proceedings 79 1 that we will have some additional horsepower. We've

2 decided upon BFJ, Frank Fish and his firm. Frank has

3 really very long experience in Yonkers, he was the

4 City's consultant on the very first downtown water

5 front redevelopment project in the early '80s, has

6 worked consistently on Yonkers' projects since then,

7 but, maybe more to the point, BFJ was the City's EIS

8 consultant when we rewrote the downtown zoning, and he

9 was part of the team that actually got us to the point

10 where we are today.

11 Frankly, in 2010, when we adopted the new

12 zoning and the new master plan, we thought that we

13 would have a reasonably good chance of seeing some

14 changes and, you know, we couldn't be happier that

15 we've seen all the blooming development that we have

16 right up until the world temporarily stopped for the

17 pandemic.

18 So, if the Board would consider the lead

19 agency notice, we will then pass that on to the City

20 Council and expect that it will be favorably and

21 collegially accepted. And then the next steps would

22 be for the Planning Board to make a determination of

23 significance, simply saying that yes, this is a very

24 large project, one that requires an EIS, and then we

25 will move on to scoping, creating the, essentially,

DIAMOND REPORTING 718-624-7200 Proceedings 80 1 the table of contents for the EIS, and AKRF and the

2 applicant's team will begin to do the study of the

3 downtown and the enviros and produce the environmental

4 impact statement.

5 THE CHAIRMAN: Okay. Thank you, Lee.

6 That being the case, why don't we get the

7 ball rolling, as is customary on these items. I make

8 a resolution and the resolution is to seek lead agency

9 designation for the proposed amendments to the

10 Yonkers Zoning Ordinance and map relating to sites

11 commonly known as the Teutonia Hall, Chicken Island,

12 and North Broadway sites in downtown Yonkers pursuant

13 to 6 NYCRR Part 617, the statewide regulations

14 pertaining to the State Environmental Quality Review

15 Act.

16 Findings:

17 1. By notice dated September 17,2020, the

18 City Council of Yonkers Circulated a Lead Agency

19 Determination/Coordinated Review notice for the above

20 cited zoning actions to all interested and involved

21 agencies.

22 2. The Planning Board of the City of

23 Yonkers is an involved agency having approval in the

24 site plan review of these actions and is thus

25 qualified by state regulation to seek lead agency.

DIAMOND REPORTING 718-624-7200 Proceedings 81 1 3. The Planning Board is further qualified

2 to be lead agency in light of the experience it has

3 had in the review of zoning and site plan actions and

4 its familiarity with the planning and environmental

5 regulations of New York

6 State and of the City of Yonkers. Further, the

7 Planning Board has available to it staff urban

8 planners with expertise in these areas as well as

9 having access to other experts within the executive

10 branch of city government.

11 4. The Planning Board will make every

12 effort to keep the City of Yonkers informed of the

13 proceedings of the SEQRA process and to involve the

14 council as a whole and the individual council members

15 in the process.

16 For the reasons stated above, the Planning

17 Board finds that it is a qualified and appropriate

18 agency to assume lead agency in this matter and to

19 conduct the environmental review on behalf of the City

20 of Yonkers for the above cited zoning and planning

21 actions. By passage of this resolution, the Planning

22 Board asks the Yonkers City Council to set aside its

23 resolution seeking lead agency and to cede lead agency

24 status to the Yonkers Planning Board.

25 Do I have a second on that resolution?

DIAMOND REPORTING 718-624-7200 Proceedings 82 1 MS. FORSBERG: Second.

2 THE CHAIRMAN: Second by Ms. Forsberg.

3 All in favor, please indicate by saying aye.

4 (A chorus of ayes.)

5 THE CHAIRMAN: Oppose, nay.

6 That passes unanimously.

7 Thank you very much.

8 MR. WEINGARTEN: Thank you, Mr. Chairman, we

9 look forward to working with you all.

10 THE CHAIRMAN: Just one last question. Are

11 we really going ahead with the project somewhere in

12 the future and it being known as Chicken Island? I

13 noticed the chicken mural on one of the buildings and

14 the large sign. Hopefully that's for identification

15 purposes only at this point.

16 MR. WEINGARTEN: Well, that is certainly

17 something we will be working with you, and I'm sure,

18 we hope to be at that point soon, where we'll be

19 making decisions like that.

20 THE CHAIRMAN: Okay.

21 MR. WEINGARTEN: But we're certain that

22 would certainly be something we'd be open to

23 discussing with the Board.

24 THE CHAIRMAN: Okay. I only say that half

25 jokingly.

DIAMOND REPORTING 718-624-7200 Proceedings 83 1 MR. ELLMAN: Mr. Chairman, better Chicken

2 Island than gratuitous ease at the end of every

3 development.

4 THE CHAIRMAN: Well, all right.

5 MR. ELLMAN: The shopees at --

6 THE CHAIRMAN: I know.

7 MR. WEINGARTEN: There's history there.

8 THE CHAIRMAN: We all know the history.

9 MR. ELLMAN: Truly, it's funny, we have

10 discussed this so often in City Hall when we have put

11 out all our peas in the past, the whole idea of do we

12 use the term Chicken Island or not was something that

13 we would discuss at the Mayoral level before sending

14 things out. And we actually got to the point, at

15 least when sending RFPs out, that if we said parking

16 lot in downtown Yonkers and Chicken Island, which one

17 would the developers pick up first? And we just

18 always said at least they'll lift up the RFP request

19 when it says Chicken Island just so see what's inside.

20 THE CHAIRMAN: All right, I'll defer to the

21 people above my pay grade.

22 MR. ELLMAN: No, no, it's just funny how

23 much of a topic it has been over the years.

24 THE CHAIRMAN: Okay. Well, thank you very

25 much everyone, and I'm looking forward to working on

DIAMOND REPORTING 718-624-7200 Proceedings 84 1 the project, as well.

2 MR. WEINGARTEN: Same here, Mr. Chairman,

3 good night. Thank you.

4 THE CHAIRMAN: Moving to Item Number 13,

5 which is a site plan review for amendment to the

6 previously approved application to construct an

7 addition to Verizon Wireless's existing telephone

8 utility station/communications switching facility at

9 Block 3455, Lot 20 and part of Lot 1 on the property

10 known as 10 Executive Boulevard pursuant to Article IX

11 of the Yonkers Zoning Ordinance.

12 Leslie Snyder is here as a representative

13 for the proposal.

14 Ms. Snyder.

15 MS. SNYDER: Good evening, Honorable

16 Chairman and members of the Board. My name is Leslie

17 Snyder, I'm a partner in the law firm of Snyder and

18 Snyder. And I'm here tonight on behalf of New York

19 SMSA Limited Partnership doing business as Verizon

20 Wireless.

21 Verizon Wireless is seeking to amend the

22 2005 site plan approval it obtained in order to

23 construct an addition to its existing telephone

24 utility station communications facility at 10

25 Executive Boulevard.

DIAMOND REPORTING 718-624-7200 Proceedings 85 1 The property is located in the planned

2 Executive Park zoning district where telephone

3 switching facilities are permitted as of right. The

4 addition will simply house equipment for the

5 processing of wireless communication services, which

6 is a permitted use in the district.

7 As set forth in the Building Inspector's

8 review, this placement of addition will just require

9 an amendment to our 2005 site plan approval from the

10 Planning Board. We have the detailed site plan

11 drawing, and I have with me tonight Ed Iamiceli from

12 Tectonic Engineering to answer any questions you may

13 have.

14 Just a few factors about the installation:

15 The addition will be a one-story building and it will

16 be designed to match the existing facility. There

17 will be no additional employees brought to the site,

18 so there will be no easements as in traffic brought to

19 the site, but we are showing, as well, a private

20 access drive so that we can access our facility, and

21 that drive should be sufficient for fire and police

22 and safety.

23 We are requesting a deferral of the parking

24 spaces as permitted under your Ordinance under Section

25 43-136 of the Zoning Ordinance. We are not proposing

DIAMOND REPORTING 718-624-7200 Proceedings 86 1 any employees for the addition, so we are asking for

2 the 130 deferral, although we do show those parking

3 spaces on the plan, so if they ever become necessary,

4 we will have them.

5 We also have placed the addition on the

6 property so that it minimizes any impact to the

7 slopes. It's been placed on the property to make it

8 continuous with our existing facility, but also place

9 in a manner so it won't have any adverse impact to the

10 the area.

11 We're happy to answer any questions you may

12 have, and we are just requesting an amendment to that

13 site plan approval.

14 THE CHAIRMAN: Yes, just one question off

15 the bat. I visited the site. I see there's, are

16 there external generators at the current time

17 servicing the facility?

18 MS. SNYDER: I don't know. Is Ed, Ed

19 Iamiceli there?

20 MR. IAMICELI: Yes. Hi, how are you doing?

21 The generators are currently within the

22 existing building.

23 THE CHAIRMAN: They're inside the existing

24 building?

25 MR. IAMICELI: Correct.

DIAMOND REPORTING 718-624-7200 Proceedings 87 1 THE CHAIRMAN: Because I saw four generator

2 structures to the back end of the building where we're

3 talking about. I don't know what the function of

4 those structures are. Are you aware of what they are?

5 MR. LOMBARDI: Currently in the back of the

6 building are portable cell site generators that might

7 be just stored there currently.

8 MS. SNYDER: That's Ed Lombardi from Verizon

9 Wireless speaking.

10 MR. LOMBARDI: Sorry, I should have

11 introduced myself.

12 MS. SNYDER: Those are not generators that

13 are operating, they just may be placed there in the

14 parking area in the event that they need to be

15 mobilized if we were to have a power outage where we

16 have to make sure that the cell sites are continuously

17 operating.

18 THE CHAIRMAN: All right, but they're parked

19 right now in an area where this extension is proposed;

20 is that correct?

21 MS. SNYDER: Ed, do you know where those are

22 parked?

23 MR. LOMBARDI:: No, those are currently

24 parked before the right side of the building. That is

25 not where the extension is being proposed, that is

DIAMOND REPORTING 718-624-7200 Proceedings 88 1 currently just in a parking area.

2 THE CHAIRMAN: Okay, thank you.

3 Now, you mentioned the facade, is it

4 possible for us to get a rendering and/or material

5 samples?

6 MS. SNYDER: Sure, if you would like, Ed

7 Iamiceli could show the building site so you can see

8 it's going to match the current. Would you like him

9 to share his screen and just show you what that's

10 going to look like?

11 THE CHAIRMAN: Yes, if they have a

12 rendering, that would be nice.

13 MR. IAMICELLI: So, right now this is just a

14 current photo of the site. This is the front

15 elevation of the switching facility. So, currently,

16 the facade is a base color and it has a concrete

17 architectural detailing in between just to break up

18 the brick. And, then, above it, you will see two

19 screen walls that are also painted beige to match the

20 building.

21 And, then, what I'll do, is, we did do a

22 rendering of the building which I'll also share. So,

23 I believe you can see the screen.

24 THE CHAIRMAN: Yes.

25 MR. IAMICELI: So, the south elevation is

DIAMOND REPORTING 718-624-7200 Proceedings 89 1 the existing side that's currently there. So, we just

2 represented the color scheme that we have, all the

3 doors, railings are a rust red currently, and then you

4 have the beige brick with the beige screen walls on

5 top.

6 The east elevation does represent, if you're

7 looking at the screen, to the left is the existing

8 building, and to the right is the proposed building.

9 Same thing, we're basically keeping the exact same

10 elevation of the roof and the first floor. So, we're

11 going to have a continuous line with the brick and the

12 concrete architectural future coming through.

13 And then the doors, you'll see are matching

14 the red color. And then all the screen-in will be

15 matching the beige color, you know, as close as we can

16 to the building. So, this is just a rendering of what

17 you would see just from a color scheme perspective.

18 Again, this is the north elevation of the

19 proposed building, which is the back of the building.

20 Very similar, you'll have the screen walls on the roof

21 top, the beige band, and even the scupper leaders from

22 the drains will be beige to match the beige brick, as

23 well.

24 And we do have the generators in the back

25 parking lot. We can also paint those to match the

DIAMOND REPORTING 718-624-7200 Proceedings 90 1 building a beige and red color just to have the same

2 look as the building.

3 This is just the west elevation, very

4 similar to the east, again, looking the other way.

5 So, on the right side is the existing building and on

6 the left side is the proposed expansion, very similar

7 to the east elevation. All the elevations of the roof

8 top and floor remain the same and then the walls to

9 match exist.

10 So, that's basically what we're trying to

11 represent, it's going to just look like a continuation

12 with of currently what you see.

13 THE CHAIRMAN: All right. I'm looking at

14 my plans here for a second.

15 Members of the Board, questions at this

16 time?

17 MR. LARKIN: Mr. Chairman, I would like to

18 ask just one or two questions.

19 THE CHAIRMAN: Sure, go ahead John.

20 MR. LARKIN: Regarding water runoff, you

21 know for --

22 MS. FORSBERG: That would be my question,

23 John, you stole it.

24 MR. LARKIN: Yeah. Unfortunately, this area

25 I know very well because I live in the area. I

DIAMOND REPORTING 718-624-7200 Proceedings 91 1 represented the area as part of a neighborhood. We've

2 had extreme difficulty with water runoff and flooding

3 within the area. Right below where you are are homes.

4 I'd like to know what plans you have in

5 place for water runoff. Are you tying into existing

6 retention ponds?

7 MR. IAMICELI: Sure. So, currently, the

8 proposed design is to have an infiltration basin at

9 the north end of the proposed addition. That

10 infiltration basin will be designed to accommodate,

11 you know, all the sheet flow coming from the building,

12 the parking lot, our drive, so it will take all that

13 runoff separately from what's currently there.

14 Currently, there is a retention pond for the

15 existing building. That is not intended to be used,

16 it's only designed to handle the existing facility, so

17 we are creating our own infiltration basin at the

18 north end, which is the low side of the property.

19 You know, once, that infiltration basin will

20 be able to handle all the sheet flow coming off the

21 impervious surfaces. We do have an overflow to that,

22 so on a hundred year flood storm, if there is over-

23 flow, that will then go to the secondary containment,

24 basically, from a weir. And then we will tie in to

25 catch anything beyond that, which will tap into our

DIAMOND REPORTING 718-624-7200 Proceedings 92 1 existing piping system, which will then go to

2 Executive Boulevard.

3 So, we are actually grabbing pretty much

4 the whole hillside there that you may be seeing issues

5 now. We will actually collect most of that runoff

6 that you see in a controlled manner in our

7 infiltration basin that we're designing.

8 MR. LARKIN: Okay.

9 MS. SNYDER: We'll also be giving a storm

10 water SWPPP as required.

11 MR. LARKIN: Okay. All right, thank you.

12 MS. FORSBERG: Yeah, I think I had that

13 exact same question because it's not so much the

14 project, I think that it's a simple project, no real

15 issues there. It's just that the landscape of the

16 area has changed so so much since the original

17 approval, so we do have to take these things into

18 consideration.

19 The basin, you know, attached that you're

20 proposing, is it ample to collect any runoff from

21 other sites, not just what you foresee to be from your

22 property?

23 MR IAMICELI: Well, we did take into

24 consideration the topography of the land, so if there

25 is natural grade coming towards our infiltration

DIAMOND REPORTING 718-624-7200 Proceedings 93 1 basin, we did take that into account to collect it.

2 So, anything coming back off on our side, or anything

3 going toward the proper natural grade is part of the

4 design.

5 MS. FORSBERG: Okay. And the only other

6 question I have is I see your grade development work.

7 Was that required or voluntary that you guys completed

8 this?

9 MS. SNYDER: That's, I guess, voluntary,

10 such as you would see for every project, even though

11 it's not applicable to this one.

12 MS. FORSBERG: Got it. Thank you.

13 THE CHAIRMAN: I had a question regarding

14 generator noise. Obviously, there are a large number

15 of generators at the site. Are these emergency

16 generators or are they used for any other purpose?

17 MS. SNYDER: Yes, they're emergency

18 generators that would only be used in the event of an

19 emergency such as a power outage. The only other

20 times that the generators will run would be for normal

21 maintenance, which is about 30 minutes once a week

22 just to make sure that the generators will be able to

23 function.

24 And the generators, we have looked at the

25 generators, they're in sound attenuated enclosures,

DIAMOND REPORTING 718-624-7200 Proceedings 94 1 and at the property line, even though we're not

2 required because generators are exempt from your noise

3 ordinance, at the property line, it will meet the 65

4 decibel levels that you require for a commercial area.

5 MS. FORSBERG: Was there any additional gas

6 flow required from Con Edison to have these

7 generators, or what you have on site is already

8 sufficient?

9 MS. SNYDER: Well, the reason why we're

10 doing the generators is that in this building,

11 there's wireless communication processing going on, so

12 we have to be assured that the site is operating at

13 all times 24 hours a day, seven days a week, so we

14 cannot take any chances. So, that's why we have the

15 generators, because we have to make sure that --

16 MS. FORSBERG: Did you have to get any

17 additional load for the site, or what Verizon already

18 had on site was sufficient?

19 MS. SNYDER: Well, these generators are for

20 the additional equipment that we're adding.

21 MS. FORSBERG: Do you have to get more gas

22 flow from Con Edison or --

23 MR. IAMICELI: These are diesel generators,

24 so it's natural gas.

25 MS. FORSBERG: Got it, got it, got it.

DIAMOND REPORTING 718-624-7200 Proceedings 95 1 THE CHAIRMAN: One final issue I know is a

2 notation in our report is I think there may be a

3 requirement that we reapportion the lots so that the

4 buildings and grounds sit on one lot, one taxable lot.

5 That's not a question, I'm just preparing you for

6 that.

7 MS. SNYDEER: Yes, actually, I discussed

8 that with Lee Ellman, the Planner. We're going to be

9 requesting that the additional portion of the lot that

10 we're buying merge into the lot that we have because

11 it's a continuous building. It's not going to

12 function as a separate lot. So, we're not going to

13 ask for reapportion, we're going to ask for merger for

14 when the piece is taken, to combine the piece of Lot

15 1, and then that will be in to lot 20.

16 THE CHAIRMAN: Okay. Now, you mention,

17 there's a statement that fire access is sufficient.

18 Lee, did we get a report from the Fire Department

19 indicating that, as well?

20 MR. ELLMAN: We're still waiting on that.

21 The Fire Department has begun to look at it and we're

22 assured that we'll be able to nail this down by the

23 next meeting.

24 THE CHAIRMAN: All right.

25 MS. SNYDER: There was also one comment from

DIAMOND REPORTING 718-624-7200 Proceedings 96 1 Engineering about where we placed our deferred

2 parking. So, we're going to modify our site plan to

3 place it in an slightly different location so we

4 wouldn't be interfering with any potential parking or

5 loading areas as they requested.

6 THE CHAIRMAN: Lee, did, I don't know, I

7 guess would it be our arborist, who would make a

8 determination that screening, or proposed screening,

9 would be adequate with the type of trees that are

10 being proposed?

11 MR. ELLMAN: Well, typically we don't ask

12 the arborist, although we could, to comment on

13 landscaping on private property. Typically, we ask

14 him when we're talking about city street, someone

15 putting up street trees in the right-of-way, but I

16 would certainly be happy to ask him about that.

17 You know, this, Ms. Snyder, you'll remember

18 that I think the Verizon team when this building was

19 first built oversold its invisibility, and that was a

20 cause select for one of our former Board members who

21 every time he motorcycled by it, would call either

22 Roman or I to tell us how, in fact, he could see the

23 building.

24 THE CHAIRMAN: Lee, I still have lunch with

25 him every once in awhile.

DIAMOND REPORTING 718-624-7200 Proceedings 97 1 MR. ELLMAN: So do I, so do I.

2 THE CHAIRMAN: It's still an issue.

3 MR. ELLMAN: It's an issue for him. So, I

4 mean, I think that's something that we can work with.

5 And I think we can ask the City Arborist to opine

6 about that.

7 There is one topic that I would like to

8 swing back to and ask the Verizon team to double check

9 for us. As Mr. Larkin was saying earlier, the area

10 immediately to the west and downhill from the site is

11 an area that we've always had problems, not so much

12 with flooding, but with weepage coming out of the

13 hillside, even before the Verizon building was built

14 there.

15 The first thing that I thought when I saw

16 the new building with the infiltration area at the

17 very west of the parking lot was a fear that that

18 might increase any kind of weepage through the

19 hillside down and over the sidewalk and then

20 contribute to the icing problem that we've seen on

21 Executive Boulevard.

22 So, I would ask that the engineers, first of

23 all, take a second look at that knowing that that has

24 been a problem, and also talk to the Robert Martin

25 team, who I believe worked with the City to put in

DIAMOND REPORTING 718-624-7200 Proceedings 98 1 additional drainage on the uphill side of the sidewalk

2 on Executive Boulevard, and just see that that is all

3 balanced so that we don't have that weepage and icing

4 problem that we've had.

5 THE CHAIRMAN: All right, yep, that's good.

6 Okay, then I guess we'll be working on these

7 items and hopefully have something for next month's

8 meeting; is that correct?

9 MR. ELLMAN: Yes.

10 MS. SNYDER: That would be terrific. We'll

11 look at the landscaping, as well.

12 THE CHAIRMAN: Great. Okay, there being no

13 other questions from the Board, then we'll look

14 forward to seeing you at next month's meeting.

15 MS. SNYDER: Thank you very much.

16 THE CHAIRMAN: All right, Item Number 14 is

17 a site plan review for a proposed rear yard parking

18 area at Block 5066, Lot 8 on the property known as 868

19 Midland Avenue pursuant to Article IX of the Yonkers

20 Zoning Ordinance.

21 Nicholas Faustini is representative for the

22 proposal.

23 Mr. Faustini.

24 MR. FAUSTINI: Good evening, how are you?

25 My name is Nick Faustini, I'm an architect seeking the

DIAMOND REPORTING 718-624-7200 Proceedings 99 1 application for 868 Midland Avenue.

2 This application includes a small parking

3 area at the rear yard of this building. We filed a

4 separate application earlier this year to convert the

5 vacant bagel store to a construction office. That

6 application resulted in a reduced parking requirement,

7 so that change of use was permitted and that work is

8 currently in process to convert the store to a

9 construction office.

10 Separately, we filed an application to

11 create a rear yard parking area for three parking

12 spaces, and those parking spaces would be accessed on

13 the Gardner Avenue side. This is a corner property

14 that fronts on Midland and Gardner Terrace.

15 The parking area would be, as I mentioned,

16 three parking spaces, one would be an ADA

17 accessible space. As part of the application, well, I

18 should mention that also the hours of operation for

19 the construction office would be 8:00 to 5:00 Monday

20 through Saturday. The business employees are two

21 full-time employees and one part-time employee.

22 The intent would be during the day for

23 customers to use the parking area to frequent the

24 business, and one space for a staff member. The

25 construction office has two vans that would leave

DIAMOND REPORTING 718-624-7200 Proceedings 100 1 during the day to go to their construction sites and

2 then would return at night after business hours, leave

3 the vans there overnight, and then come back the next

4 day, take the construction vans to job sites and,

5 again, leave the spaces available for patron parking.

6 We did apply for zoning variances earlier

7 this year. They will be receiving variance approval

8 for three variances; one being parking within 5 feet

9 of the property line, parking within 10 feet of the

10 City right-of-away, as well as parking across the

11 sidewalk for ingress and egress for vehicles.

12 (Whereupon there was a brief pause in the

13 proceedings.)

14 THE CHAIRMAN: Someone needs to mute their

15 microphone with the child.

16 MR. KUNTZ: I actually think it's Nick

17 Faustini with the background noise.

18 THE CHAIRMAN: Nick, do you have background

19 noise there?

20 MR. FAUSTINI: They're upstairs, can you

21 hear them?

22 THE CHAIRMAN: Now it's quiet.

23 MR. FAUSTINI: In any event, I was just

24 mentioning that we do have privacy fencing, an

25 existing privacy fencing, along two sides of the

DIAMOND REPORTING 718-624-7200 Proceedings 101 1 property that abut the neighbors. That privacy

2 fencing is PVC, 6 feet tall, and that would remain.

3 And, then, the parking area would front on

4 Gardner Terrace, so it would be visible from Gardner

5 Terrace.

6 THE CHAIRMAN: Okay, that's it, Mr.

7 Faustini?

8 MR. FAUSTINI: Just one other item to add.

9 We did receive comments from Engineering, and there

10 was some concern about backing across the sidewalk

11 creating a hazard for pedestrians. I just wanted to

12 add that the sidewalk actually ends at this property,

13 there is no other sidewalk that continues on Gardner

14 Terrace. Actually, even on the street beyond College

15 Place, there's no sidewalk along Gardner Terrace.

16 So, I just wanted to add that, you know,

17 pedestrians probably will not be walking along this

18 street here because there's no sidewalk there anyway

19 beyond this point.

20 THE CHAIRMAN: The sidewalk, though, it

21 doesn't stop where you're proposing for the parking to

22 go, it actually stops at the end of your lot; is that

23 correct?

24 MR. FAUSTINI: Yes, and we're proposing to

25 replace all of the deteriorated sidewalk area as part

DIAMOND REPORTING 718-624-7200 Proceedings 102 1 of this application along Midland and Gardner Terrace.

2 THE CHAIRMAN: Even so, I'm wondering if

3 something could be done to make it as safe as possible

4 to delineate the end of a sidewalk and the beginning

5 of a driveway. I don't know, Lee, any ideas, or Mr.

6 Faustini, what could be done to, you know, to at least

7 have someone walking in that direction realize that

8 the sidewalk is going to terminate and a driveway

9 begin?

10 MR. ELLMAN: I'll talk with Traffic

11 Engineering about that, but it was their comment,

12 actually, that said that it was, you know, not a great

13 idea to put in backing-in parking where you end up

14 losing as much on-street parking as you gain off-

15 street. Perhaps if there was a sidewalk that extended

16 and a drop curb, but left me check.

17 THE CHAIRMAN: Right, I think that's what I

18 think we should do. That was the part that the

19 variance was approved to allow, but let's see if we

20 can make the best of that situation.

21 MR. FAUSTINI: We do have a dropped curb

22 proposed here in front of the parking space.

23 THE CHAIRMAN: Okay, fine.

24 Members of the Board, any other questions?

25 I don't think we're ready with a resolution today,

DIAMOND REPORTING 718-624-7200 Proceedings 103 1 let's work out that final part of the equation and

2 then if there's no questions, staff, any questions at

3 this point, Lee, we're good?

4 MR. ELLMAN: Yes, we're fine.

5 THE CHAIRMAN: All right, Mr. Faustini,

6 we'll just work that last bit through. We'll talk

7 with Engineering and Traffic and we'll get back to you

8 before next month's meeting if there is something

9 that's proposed. Otherwise, we'll take this up at

10 next month's meeting.

11 Thank you.

12 MR. FAUSTINI: Thank you very much.

13 THE CHAIRMAN: Item Number, actually, Item

14 Number 15 asked to be placed at the end of the

15 meeting, so we'll come back to that.

16 Item Number 16 is a site plan review for

17 modifications to the approved site plan for the Cross

18 County Shopping Center to accommodate a new tenant at

19 Block 5170, Lot 40 on the property known as 808

20 Central Park Avenue, former Sears Building, pursuant

21 to Article IX of the Yonkers Zoning Ordinance.

22 Janet Giris is here as representative for

23 the proposal.

24 Janet.

25 MS. GIRIS: Thank you, Mr. Chairman,

DIAMOND REPORTING 718-624-7200 Proceedings 104 1 members of the Board, nice to see you all this

2 evening, thank you for having us. I am, as you know,

3 a partner with DelBello Donnellan Weingarten Wise and

4 Wiederkehr here this evening on behalf of Shopping

5 Centers, LLC, they are the owner of the Cross County

6 Shopping Center.

7 I know that you're all very familiar with

8 the property, we've been before you many times over a

9 number of years in connection with the new master plan

10 and the improvements that have been constructed there

11 over the last 10 or so years. And those improvements

12 are ongoing. Cross County has seen an investment of

13 probably in the area of 300 million dollars over the

14 last, as I mentioned, 10 years or so.

15 As you know, Sears has been having problems,

16 not just in Yonkers, and it has left the Center, but

17 nationwide, as well, and recently vacated the building

18 which we refer to at the Cross County Shopping Center

19 as Building 11.

20 Great news, you've got Target coming to the

21 City of Yonkers, this is the first Target store in the

22 City of Yonkers, so we're very excited about that.

23 And in order to accommodate them at the property, we

24 are seeking some minor modifications, permission from

25 this Board, for some minor modifications to the site

DIAMOND REPORTING 718-624-7200 Proceedings 105 1 to accommodate Target.

2 Joining me this evening is Anthony from JMC,

3 Phil Fruchter, our project architect. We also have

4 Marx Realty who manages the shopping center.

5 So, I'll just give you a brief overview of

6 what the modifications are and then Anthony can talk

7 to you a little bit about them in more detail, and

8 then Doug can show you what the modifications that

9 we're proposing to the facade are.

10 So again, very minor modifications to

11 accommodate Target; facade improvements to improve the

12 appearance of the building. I don't know if anybody

13 really pays attention to something until it's vacant,

14 but it does need a little bit of a facelift and, so,

15 we've designed some very nice modifications to do

16 that.

17 There are some other modifications to the

18 parking area to increase pedestrian safety and to

19 improve some of the vehicular circulation, and Anthony

20 will talk to you about those in a moment. And as a

21 result of those modifications, there's some

22 realignment of the parking area, the addition of some

23 cart corals, the addition of some curbside pickup

24 spaces which requires the conversion of some existing

25 parking spaces.

DIAMOND REPORTING 718-624-7200 Proceedings 106 1 We are adding a loading space and a

2 compactor area at the southeast corner of the building

3 and that will result in four loading spaces and two

4 compactor spaces there. So, three of the loading

5 spaces and one compactor will serve Target. And the

6 one loading space and compactor for a future upper-

7 level tenant in the building.

8 So, Target is going to occupy floors one and

9 two of this building and, again, there will be future

10 tenant in the upper level of the building.

11 Some of the additional modifications,

12 bollards are being added. Anthony will show you where

13 those are.

14 And one of the things we wanted to call to

15 your attention, as well, is that there is going to be

16 the removal of a mezzanine area in the building, which

17 actually results in a reduction in the required number

18 of parking spaces on the property. We still have at

19 the site far in excess of what is required and, so,

20 when we do these modifications, we are going to be

21 removing some parking spaces to accommodate the

22 pedestrian and vehicular circulation improvements, but

23 we will still, you know, still result in a net surplus

24 of 12 parking spaces. So, we still have a net 487

25 parking spaces surplus on the property, and the

DIAMOND REPORTING 718-624-7200 Proceedings 107 1 required number of spaces, and that is not including

2 the spaces that are land benched.

3 So, I don't want to take up too much more of

4 your time, I know Anthony will present the details of

5 the site changes and then Bill can present the details

6 of the facade changes. If it were not for the

7 modifications that we're making to the site, those

8 facade changes to the building would not require the

9 approval from this Board, but because we're

10 incorporating some of those changes to the site, we

11 did need to come to this Board.

12 And before I, I'll just keep talking, before

13 I turn it over to Anthony, I did want to mention that

14 we did receive comments from City Professional Staff,

15 we also received comments from Westchester County

16 Department of Planning. And one of the things that

17 they raised, Westchester County Department Planning,

18 had to do with pedestrian access to the property. And

19 I just wanted to make a correction for the record,

20 because they mention that there was not pedestrian

21 access, and that is actually incorrect. All three

22 entrances into the property from Kimball Avenue, you

23 have sidewalks into the property and they are

24 pedestrian friendly, so there are pedestrian entrances

25 in there.

DIAMOND REPORTING 718-624-7200 Proceedings 108 1 One of the other comments that the County

2 made was that they were hoping to see some bike racks,

3 and Anthony, I think, can talk to you a little bit

4 about that. The shopping center would be happy

5 to incorporate a couple of bike racks into the

6 property, and that would address the comments of the

7 County.

8 So, rather than take up more of your time,

9 Anthony, please share the screen and show the Board

10 the plans that we're proposing.

11 MR. GUCCIONE: Good evening. My name is

12 Anthony Guccione, I'm and Associate Principle with the

13 firm JMC.

14 And here we've got a plan of the

15 overall shopping center. I know Janet went through a

16 lot of the improvements, but if it's okay with the

17 Board, I'd like to walk you through where these things

18 are happening at the site.

19 This is the Cross County Shopping Center,

20 I'm sure everybody is familiar with it. It's a

21 71-acre site, it's bounded by the Cross County Parkway

22 at the top of the sheet to the north. To the left is

23 Central Park Avenue and the Thruway. At the bottom is

24 Greenburgh.(ph.) And to the east is Kimball Avenue.

25 The subject of this application is the

DIAMOND REPORTING 718-624-7200 Proceedings 109 1 former Sears building which is, are you seeing my

2 pointer? Mark, can you point to that? It has a

3 Target bull's-eye in the building and that is the

4 subject of the proposal where the owners are intending

5 to have Target occupy the first two levels of that

6 building.

7 I'd like to take you to a blowup of that

8 area, that eastern portion of the site, where the

9 existing Sears is and the proposed Target. You can

10 see that, but now it is on a larger scale. Again, the

11 proposal will be for Target to occupy the lower two

12 levels of that Sears building. It's three stories now

13 with a partial fourth floor penthouse. And access to

14 that Target space would be from the west. You can see

15 the pedestrian corridor that comes through from the

16 rest of the shopping center and connects into the

17 existing boards on the west side of the former Sears

18 building, right there. And then on the north, on the

19 second level, there's an entrance that will be reused

20 by Target to enter the building at that second level

21 entrance.

22 Some of the improvements that Janet had

23 mentioned are on the west side of the building

24 adjacent to the Target building, we're proposing to

25 widen the sidewalk.

DIAMOND REPORTING 718-624-7200 Proceedings 110 1 Mark, can you just zoom in a little bit on

2 that and scroll down a little bit.

3 So, the existing sidewalk on the west face

4 of the building is quite narrow, it's about four feet

5 in width. And to better facilitate pedestrians going

6 from the north portion of the site down to the door

7 across from this pedestrian corridor, they're

8 proposing to widen the sidewalk from 4 feet to 6 feet.

9 And they're proposing to increase the access isle

10 there from 24 feet to 26 feet.

11 To do that, it's necessary to realign the

12 bays of the parking to the west about 4 feet further

13 to the west so that you can accommodate those

14 improvements at the face of the building. Widening of

15 the sidewalk and the access isle results in a loss of

16 eight parking spaces on that west side of the

17 building.

18 Mark, if you can zoom out just a little bit.

19 In addition, Target is requesting some cart

20 corals be installed throughout the parking lot.

21 That's the place for the shopping carts to be

22 collected. You can see those grey rectangles

23 throughout the site.

24 If you can zoom out a little more to see the

25 ones to the north, too. North of the building, Mark

DIAMOND REPORTING 718-624-7200 Proceedings 111 1 point to that. Yes, there's the cart coral, and then

2 there are three locations on the west side of the

3 building, and then there's a couple on the south side

4 of the building, the lower parking lot, down there,

5 yes.

6 And that also results in a 14 space

7 reduction because they're putting in seven new cart

8 corals that take two spaces each, so that would be

9 another 14 space reduction.

10 And, then, on the north side of the

11 building, you see that larger grey spot there. That's

12 a proposed curbside pickup area. What they're

13 proposing to do is turn 12 existing spaces into eight

14 curbside pickup spaces. And that's kind of the trend

15 today, you can order things online, and then you can

16 pull up in there, they will bring your merchandise out

17 to your car and, kind of with this pandemic going on,

18 that's become a much more popular occurrence for a

19 retailer, so that accommodates that trend in the

20 retail market today to provide those spaces.

21 And, then, on the south side of the

22 building, Janet had mentioned the loading area

23 modifications. There are currently three loading

24 spaces, you can see the lighter grey area. Maybe you

25 can zoom in just a little more, Mark. There are three

DIAMOND REPORTING 718-624-7200 Proceedings 112 1 existing loading spaces, and there's one compactor on

2 the right, or the east, side, of the building there.

3 The proposal is to take that hatched area and add one

4 more loading space as well as an additional compactor

5 and a sidewalk adjacent to that to access a new

6 trucker's door, that would be located near the loading

7 area.

8 So, the result here would be the three west

9 most loading spaces would be for the use by Target, as

10 well as that new compactor on the left side would be

11 for Target's use. And then the eastern most, or

12 right, loading space would be for the future upper-

13 level tenant as well as that existing compactor would

14 serve the future upper-level tenant. None of that has

15 been decided yet, but they will eventually work to

16 lease that upper level of the store, as well.

17 Janet had mentioned the bottle redemption.

18 Let's go to the north side of the building now. You

19 see a box there in the upper right-hand corner of the

20 building right there, there's a square. That's for a

21 bottle redemption station where people can bring back

22 their bottles and get their deposits back. You see

23 them in a lot of shopping centers where they have

24 machines there.

25 And then the signature round red bollards

DIAMOND REPORTING 718-624-7200 Proceedings 113 1 that Target tends to put in front of their stores, you

2 see five of them. And then out on the sidewalk where

3 Mark is pointing there, you see four of them that just

4 signifies Target and provides protection for those

5 doors from traffic.

6 And then the final kind of surface

7 improvement is on the east side of the building, on

8 the Kimball side. If you can zoom in on the

9 sidewalks. There's a minor sidewalk improvement shown

10 here, there's an existing door that accesses the third

11 level there. This is not a Target access, but there

12 are some additional doors being proposed here for

13 egress and for future tenant use. So, we need to

14 extend a few of those sidewalks. You can see there's

15 some hatched sidewalks are the extensions to access

16 those doors.

17 That is kind of the surface improvements, as

18 were mentioned. These improvements result in a total

19 reduction of 26 parking spaces on the site, but with

20 the mezzanine removal in Target, that yields a 38

21 space credit, as well as the other parking spaces

22 throughout the site. The site will maintain a 487

23 space surplus in parking even after these

24 improvements. So, it is zoning compliant.

25 Maybe quickly we can show you the sidewalks

DIAMOND REPORTING 718-624-7200 Proceedings 114 1 that Janet had mentioned. The three driveways, we can

2 zoom into one at a time. There's full connectivity

3 from Kimball Avenue into the site and you can see the

4 yellow is the sidewalks, and they're all connected

5 with crosswalks. We've got them on both sides, and

6 there are crosswalks and sidewalks up to the front of

7 the building there.

8 If you go to the next driveway here, there's

9 a sidewalk that comes from Kimball, comes right into

10 the site for a cross-hatched area, and you can access

11 the building there. There is a staircase between the

12 former Sears and the Bank of America that accesses

13 that second level, so you can go directly from

14 Kimball down that staircase and access that second

15 level entry there.

16 And then the northern most driveway also has

17 a sidewalk along it that accesses into the site and

18 they're all interconnected, the sidewalks, that you

19 can see building to building, so there is a lot of

20 interconnectivity.

21 And the last thing I will mention is we

22 talked about the bike racks that were brought up in

23 the County letter. And I think what we're proposing

24 at this time is to add a bike rack at that third level

25 entrance on the east side of the building where I just

DIAMOND REPORTING 718-624-7200 Proceedings 115 1 showed you those sidewalks getting added, as well as

2 the west side of the building where the pedestrian

3 corridor enters into the building there, we can put a

4 bike rack. It looks like a narrow sidewalk where the

5 door is, that portion across the access drive from the

6 pedestrian connection indents in quite a bit, probably

7 15 feet or so, and there's a plaza underneath there,

8 and those doors are recessed. So, there is a place

9 for a bike rack there, as well.

10 So, if the Board has any questions now or we

11 can just turn it over to Phil to take you through the

12 improvements of the building.

13 THE CHAIRMAN: Members of the Board,

14 questions?

15 MS. FORSBERG: No.

16 THE CHAIRMAN: Then why don't you proceed at

17 this time.

18 MR. FRUCHTER: Good evening, Mr. Chairman,

19 members of the Planning Board. I'm Phillip Fruchter,

20 I'm a partner at Papp Architects.

21 And, for those of you who are not familiar,

22 this is the existing building with Sears being the

23 most recent tenant. As you can see, it's a fairly

24 dated brown building. On the photo on the lower right

25 is the existing three-bay loading dock that we're

DIAMOND REPORTING 718-624-7200 Proceedings 116 1 expanding to the fourth bay, as Anthony had mentioned.

2 And the building has three entrances on

3 three separate levels. So, we're planning to divide

4 the building into multiple tenants with Target taking

5 the first two floors, and possibly as many as three

6 tenants taking the third and the fourth floor. And

7 we're creating new entrances and interior circulation

8 to accommodate those different tenancies, and that has

9 resulted in our removal of approximately 10,000 square

10 feet of interior floor area and creation of 2,000 feet

11 on the fourth floor, which is a smaller floor to

12 accommodate the new elevator and stairs.

13 If we can go back to the slide show, these

14 are floor plans of the entire building, the red areas

15 represent the spaces that Target will be occupying.

16 Lower left is the third floor, which has a long grade

17 entrance on the east side, pretty much the same

18 elevation as Kimball Avenue. And we are providing

19 reconfiguring the entrances on that side of the

20 building, really just storefront work to accommodate

21 the new tenant spaces. And we're putting in new

22 stairs and elevators to gain access to the fourth

23 floor, which is lower right in purple because there is

24 not adequate access to that level at present.

25 If we go to the Next slide, we are

DIAMOND REPORTING 718-624-7200 Proceedings 117 1 completely renovating the existing facade, modernizing

2 it with contemporary color scheme in greys, whites,

3 and then Target's signature red.

4 Next slide. We're also adding windows into

5 the existing third floor space, which is presently a

6 solid monolithic wall. So, that will improve, it will

7 help animate the facade. And you can see the lower

8 elevation and the lower right side, that is the fourth

9 loading bay seen in elevation with the compactor for

10 Target under the Target bull's-eye.

11 Then Next slide, and this is a rendering

12 looking toward the southeast. So, the shape of the

13 building pretty much is the same and just a

14 modernization of the facade.

15 I'm happy to answer any questions.

16 MS. FORSBERG: I think that this project is

17 pretty straight forward. The use is very similar to

18 what it was previously. One of the major things that

19 I think Target offers that Sears didn't is an entire

20 grocery section. Are there any concerns or

21 consideration that the Planning Board has to be aware

22 of or take into consideration having to do with

23 refrigeration or anything having to do with produce or

24 food or dairy storage?

25 MS. GIRIS: No, everything that's interior

DIAMOND REPORTING 718-624-7200 Proceedings 118 1 is not within this Board's jurisdiction.

2 MS. FORSBERG: Got it.

3 MS. GIRIS: And I don't mean that

4 disrespectfully at all.

5 MS. FORSBERG: No, I completely understand.

6 THE CHAIRMAN: I have a question. I see

7 all over the place these, it says sign. Do we have a

8 proposal for whatever signage is going onto the

9 property including off the building, as well?

10 MS. GIRIS: So, what you see now are the

11 proposed Target signage and, you know, again, those

12 are signs that are on the building and not subject to

13 review by the Planning Board, but with regard to the

14 other placeholders that you see there, those are

15 simply placeholders for proposed future tenants that

16 we're not sure who they're going to be yet, but we did

17 have to reserve some space along the facades for those

18 tenants.

19 THE CHAIRMAN: What about any signage,

20 directional signage, in the parking area?

21 MS. GIRIS: Anthony.

22 MR. GUCCIONE: No, nothing is proposed at

23 this time in terms of directional signage.

24 MS. GIRIS: Yeah, I mean, there will be the

25 curb with the curbside pickup spaces. There will be

DIAMOND REPORTING 718-624-7200 Proceedings 119 1 signs for that curbside pickup spaces, but those,

2 that's really the only signage that's necessary right

3 now.

4 MR. GUCCIONE: Yeah, the Target building is

5 pretty identifiable by their logo.

6 THE CHAIRMAN: Yeah, going to that

7 curbside, which isn't really curbside, is there a

8 dedicated door for the curbside, how does the curbside

9 pickup work.

10 MR. GUCCIONE: If you look, yeah, there is a

11 door on that corner of the building.

12 THE CHAIRMAN: Is it dedicated for

13 curbside?

14 MR. GUCCIONE: No. Phil, maybe you can

15 chime in on that, but I believe it's for customers, as

16 well, right?

17 MR. FRUCHTER: Yes, it's customers and for

18 the runners who go out and make the curbside

19 deliveries.

20 MR. GUCCIONE: If you can see up in

21 the upper left-hand corner where the magenta is is

22 that jagged kind of sawtooth, those are doors.

23 They've always been there for Sears and they'll be

24 reused for Target on the lower level. That's on the

25 first ground level, so it's very convenient to those

DIAMOND REPORTING 718-624-7200 Proceedings 120 1 curbside spaces.

2 MS. GIRIS: Which are the spaces that are

3 in that grey block.

4 MR. GUCCIONE: Correct.

5 THE CHAIRMAN: Which is actually a good

6 term, the runners will be running into the traffic

7 that might be going past the building to get to those

8 cars; is that correct?

9 MS. GIRIS: They'll be looking both ways

10 before they cross the parking area.

11 THE CHAIRMAN: I forgot that part.

12 MR. GUCCIONE: It's not a high-speed area,

13 it's kind of a dead-end parking area there at the end,

14 and they would just have to be careful when they cross

15 there.

16 MS. GIRIS: Yeah, this is something that's

17 part of their operations in many of their stores,

18 particularly now during the whole COVID thing, so they

19 know how to run that operation.

20 MR. ELLMAN: It's a reasonable question. I

21 mean, I look at this area and I wonder if the natural

22 inclination of a shopper would be to actually want to

23 come curbside, and would it work to Target's benefit

24 to actually use that curbside area immediately

25 adjacent to the building that way you would, in fact,

DIAMOND REPORTING 718-624-7200 Proceedings 121 1 have curbside pickup. You know, as you're showing it,

2 you have cars that need to pull into a sort of a

3 standard parking bay, and then, as you said, runners

4 coming out into the parking lot across traffic.

5 MR. GUCCIONE: Right. That's something we

6 can look at.

7 MR. ELLMAN: I mean, you have the room. I

8 mean, I think it's worth looking at. I don't think

9 we're talking about, you know, having somebody run

10 across Central Avenue certainly, it's not that bad,

11 but you have sort of all the room in the world, you

12 have a ton of parking. It would be interesting to see

13 if using that kind of dead sidewalk there might not be

14 a good way to go.

15 MR. GUCCIONE: Right. To be honest with

16 you, this request for that location came from Target,

17 so we can certainly circle back with them and see if

18 they'll entertain moving it to the sidewalk and get

19 back to you on that.

20 MR. ELLMAN: Sure.

21 MR. FRUCHTER: How does the Board feel about

22 if that pickup parking is to the right of the area

23 against that landscaped island so that anybody walking

24 doesn't have to cross a traffic isle?

25 THE CHAIRMAN: I'm for anything that's

DIAMOND REPORTING 718-624-7200 Proceedings 122 1 safe, you know, the safest possible alternative.

2 MR. GIRIS: Okay, so, we can take a look at

3 those two alternatives, and we can follow up with the

4 Board at next month's meeting.

5 THE CHAIRMAN: Yeah, that sounds good. And

6 before we go, just, again, I wanted to make, it wasn't

7 clear to me when I was going through the plans, the

8 third floor, the entrance from the Kimball Avenue

9 side, that actually will be a multiple use end

10 entrance; is that correct, for at least two or three

11 other retailers plus people going into the Target; is

12 that correct?

13 MR. FRUCHTER: No, it is not for Target at

14 all. It is only for the third and fourth floor

15 tenants, so it would be a maximum of three tenants,

16 but not Target.

17 THE CHAIRMAN: I see. But a section of the

18 third floor, you would have for deliveries; is that

19 correct?

20 MR. FRUCHTER: That's correct. Target

21 occupies a portion, the bulk, of the loading dock that

22 presently exists, so that is their space, that grey

23 area. The rest of the third floor is not Target, it's

24 one or two other tenants.

25 THE CHAIRMAN: Okay. So, there will be no

DIAMOND REPORTING 718-624-7200 Proceedings 123 1 stairs or anything, or escalators going done?

2 MR. FRUCHTER: Correct. There is no

3 connection between the third and the second entrance

4 floor.

5 MR. GUCCIONE: That's back of house for

6 Target, freight elevators, right?

7 MR. FRUCHTER: Correct.

8 THE CHAIRMAN: Okay, that's clear to me now.

9 Thank you very much.

10 All right, members of the Board, any other

11 questions at this time, or staff?

12 MS. FORSBERG: No.

13 MR. ELLMAN: Just to speak about the signs,

14 the Yonkers Sign Code permits fairly generous four

15 foot signs as a regular, the regular, the maximum

16 regular, size sign is four feet tall, which we've

17 proven to retailers you can see across quite a

18 distance. We also have, you know, we also grant

19 administrative sign variances that while the Sign Code

20 is administered by the Building Department, the

21 Planning Department does the administration of the

22 sign variances.

23 And we've had a really excellent

24 relationship with Cross County over the years since

25 the rehab started. We have granted some larger signs

DIAMOND REPORTING 718-624-7200 Proceedings 124 1 and also have had an agreement with Cross County that

2 we would be very very flexible with signage that was

3 internally phasing. So, there are a lot of signs in

4 the main, the two main, walkways of the Center that

5 don't meet the Sign Code, but are great signs

6 nonetheless, and really it adds to the area.

7 So, from a signage perspective, the Planning

8 Board doesn't administer the Sign Code, but the

9 Planning Board does have a level of aesthetic and

10 facade review from precedent perspective for large

11 buildings like the Sears building, the Target building

12 now, and Macy's. We have granted variances for

13 significantly larger signs, and would probably do the

14 same for the larger Target logo. The other

15 placeholder signs would be something that we would

16 have to look at as they came up.

17 So, it is, I think ultimately, reasonable

18 for the Board to, and we will be careful how we write

19 this for the Board, have a finding about the Board not

20 necessarily approving or disapproving signs as shown

21 on this site plan. You know, again, just realizing

22 sotto voce that they are placeholders at this point.

23 THE CHAIRMAN: Okay. That being the case,

24 we are ready to move on, and I guess keep working with

25 the bureau on we look forward to seeing you at next

DIAMOND REPORTING 718-624-7200 Proceedings 125 1 month's meeting.

2 MS. GIRIS: Thank you very much.

3 MR. GUCCIONE: Thank you.

4 MR. FRUCHTER: Thank you.

5 THE CHAIRMAN: Thank you.

6 Moving to Item Number 17, which is a site

7 plan review for a proposed 13-unit addition to the

8 existing 7-unit structure expansion of existing

9 parking area and new underground parking at Block 447,

10 Lots 36 and 37 on the property known as 43 Garfield

11 Street pursuant to Article IX of the Yonkers Zoning

12 Ordinance.

13 Tom Abillama is here as representative for

14 the proposal.

15 Mr. Abillama.

16 MR. ABILLAMA: Good evening, Mr. Chairman,

17 members of the Board. My name is Tom Abillama, I'm

18 the architect for the applicant.

19 Before us, we have an application for a

20 total of 20-unit development, multifamily development,

21 located on Garfield and William Street. There's an

22 existing structure, a three-story structure, right now

23 with a basement, which contains seven apartments, and

24 we're trying to add a four-story 13-unit apartment

25 building.

DIAMOND REPORTING 718-624-7200 Proceedings 126 1 Our application complies with all Zoning and

2 intends to comply with all Building Codes. And I'm

3 going to run through, I'm going to share the drawings.

4 The existing structure is what I'm pointing

5 at on the bottom left side. It's a three-story

6 structure with a half-a-story facing the parking lot.

7 The units have a single egress in the front which is

8 an interior stair. And then on this side under here,

9 they have a fire escape where windows from the

10 kitchens are egressing into it. So, the addition

11 would be towards the rear of that, of the existing

12 building.

13 And these diagrams, we will illustrate how

14 we're going to be attaching the new structure to the

15 existing structure. These are sections that circle

16 the four-story addition, the basement attached to the

17 existing structure. All levels, with the exception to

18 the grade level, will communicate with the existing

19 levels.

20 And there will be a common, we're proposing

21 to have a common corridor where the kitchen, the

22 existing kitchen, windows will turn into another

23 egress door, or entry door, so to speak. And we'll

24 have two stairs which serve as means of egress with an

25 elevator and a shoot, a garbage shoot, in the common

DIAMOND REPORTING 718-624-7200 Proceedings 127 1 area in the hallways, and we will be providing four

2 units on each level.

3 So, this is the site plan showing at the

4 grade level on William Street. There's an existing

5 curb cut that we're reutilizing. The existing parking

6 lot we're expanding to the point where as permitted by

7 Zoning to have the parking within the setbacks that

8 are required. Due to the elevation difference, we're

9 providing sometimes a duct tier retaining wall. And

10 then as we go to Garfield Street, which slopes down,

11 we're providing an access to the basement from that

12 point with a new curb cut.

13 We are proposing to have the required sub-

14 surface drainage, storage, so we will have a series of

15 rechargers on the grade level off of William Street,

16 as well as in the basement level, which we are

17 proposing three contacts on there.

18 And we will provide some landscaping all

19 around, we have landscaping. We're proposing some

20 trees along the sidewalk, which I'll expand on a

21 little bit later.

22 And just the soil erosion drawings showing

23 the soil stockpiling and materials for stockpiling

24 would be with the erosion strip that we're providing

25 as silk fence.

DIAMOND REPORTING 718-624-7200 Proceedings 128 1 And these here, I know the Board doesn't

2 have this sheet, but the Planning Department has

3 requested to have some lighting plan, which we will

4 provide at a later date for the next meeting.

5 And this is the basement here with the

6 access off of Garfield coming in with seven parking

7 spaces including one handicap onto a small lobby that

8 leads to the elevator and an exit stair. And, at this

9 level, we're not connecting to the existing basement

10 except for through the stair, the fire stair, that we

11 have and to a common area in the existing laundry

12 room.

13 We also have some utility space in the

14 basement, and we have the compactor room which allows

15 us to provide some of the refuse to go into refuse/

16 recycle area connecting to the basement. This is new

17 detail that was requested from the Planning

18 Department, and I'm providing it as such.

19 On the grade level, when it shows up, we

20 provide the rest of the parking. We have a lobby that

21 leads to an elevator and a stair that exits through

22 the lobby. Then off of Garfield, we have a few steps

23 going up to the stair, the exit stair, that leads to

24 the rest of the floors.

25 There's also a space that we thought we

DIAMOND REPORTING 718-624-7200 Proceedings 129 1 could dedicate for another apartment, although the

2 windows, they open up into a driveway, not the best

3 solution in the world, but it's feasible, possible,

4 with the Building Code requirements.

5 Then I take you over to the second, third

6 floor. We have the four apartments which have mainly

7 closets, laundry closets, and, you know, the two-

8 bedrooms, some with two bedrooms, some with one

9 bedroom.

10 And then this is where I stated that we have

11 the kitchen door leading to the hallways, the common

12 hallway, from the existing kitchens.

13 Then on the fourth floor, we show the other

14 four bedrooms, the four apartments, with an access to

15 the roof of the existing structure with a pergola that

16 we believe doesn't violate the height regulations or

17 the setback regulations, nor did the Building

18 Department believe so.

19 I personally sat down with Mr. Longobardi

20 from the Building Department and indicated what we're

21 planning on doing on this roof specifically, and he

22 had some objections on certain items that I have

23 corrected and finally he agreed with the scheme.

24 On the roof of the proposed structure, we're

25 providing for the heat pumps on the roof, which will

DIAMOND REPORTING 718-624-7200 Proceedings 130 1 be screened in for noise and visual aspect of it.

2 And, as far as the elevations, this is the

3 elevations on Garfield where we tried to introduce

4 some elements to the existing structure to make it

5 less plain as it is right now and married with the

6 proposed structure.

7 This is the parking level which will end up

8 being on grade in relation to William Street. And

9 this is the entrance to the basement level, the

10 entrance to the basement level.

11 This is the left side elevations, so to

12 speak, with the parking being at this level with

13 double-tiered retaining walls.

14 And this is the existing structure here. In

15 the background, we have the proposed one. And, as you

16 see, the other elements which we added to it to make

17 it less simple.

18 And this is the elevation off of the parking

19 lot off of William Street.

20 These are the dramatic sections. The height

21 limitation is 65 feet. There was some concerns from

22 the Planning Department about the heat pumps being up

23 to the height, as well as some of the bulk heads.

24 Bulk heads are always permitted to go beyond the

25 maximum height, but we have our height here as 53 feet

DIAMOND REPORTING 718-624-7200 Proceedings 131 1 if we take it in relationship to the average between

2 the centerline of the street's elevations. So, we

3 have 53 feet and, so, we still have 12 feet to deal

4 with, which we are, we believe we are okay with

5 zoning-wise.

6 The pergola itself, let me go back to the

7 roof plan. The pergola itself, we believe it doesn't

8 intrude into the front yard. But if that's the case,

9 that can, by code, anything can project three feet

10 from the front yard, and we are at 12 feet. Here

11 we'll adjust it just so that it can comply with the

12 code, but I believe it's a decorative element that can

13 be an exception to the rejection requirements.

14 So, those are the items that were of concern

15 to the Planning Department.

16 The flow test is required. We were planning

17 on providing the flow test to the Building Department

18 when we go to the building, the construction,

19 documents, but if that's what's required by the

20 Planning Board, we'll comply, we'll get a flow test

21 done. The sprinklers, the existing building is not

22 sprinklers, but the proposed building addition will be

23 sprinklers as per code. And, therefore, we need the

24 flow test to be done prior to getting the hydraulic

25 design done for the sprinklers.

DIAMOND REPORTING 718-624-7200 Proceedings 132 1 And the garbage area, the refuse area, we

2 provided it in the basement.

3 The lighting plan, as I showed you, it was

4 different, but if the Board would like to take a good

5 look at it, we'll provide it for the next Board

6 meeting if necessary.

7 We'll provide drag sections, also. And we

8 believe rooftop coverage and height will comply with

9 it. We can clarify that on the drawings further.

10 Now, as far as the existing apartments, we

11 know we blocked two windows, two windows in each

12 apartment, but the existing living room, we can, we'll

13 have one window, we can add maybe the window if that's

14 the case, but the code permits to have mechanical

15 ventilation for spaces of that kind if necessary.

16 And, also, for the existing bathrooms, we're providing

17 mechanical exhaust, as well as the kitchens, providing

18 mechanical exhaust. That's all part of the Building

19 Code requirements, and we will comply with the code.

20 Some parking spaces need to be dimensioned,

21 we'll provide that. And we need to sit down with the

22 arborist to see how we can comply with the proposed

23 trees on the sidewalk.

24 And, with that, I'm ready for any questions.

25 THE CHAIRMAN: Okay, thank you. Actually,

DIAMOND REPORTING 718-624-7200 Proceedings 133 1 also, my questions and notes, you just addressed, or

2 they're being addressed.

3 Members of the Board, questions at this

4 time?

5 DR. GILLAN: I think it's very pleasing

6 overall.

7 THE CHAIRMAN: Yes, thank you, Dr. Gillan.

8 DR. GILLAN: Thank you.

9 THE CHAIRMAN: Other members, questions or

10 comments, staff, questions?

11 MR. ELLMAN: Mr. Abillama picked up our

12 questions, which were in the report to the Planning

13 Board. The one thing that was a little difficult to

14 pick up in the plans was what happens to the windows

15 on the west facade. So, if you look at the pictures

16 that are attached to Mr. Abillama's submission, you'll

17 see that there are bathroom and kitchen windows on the

18 parking lot side of the William Street elevation.

19 I was able to tell that they disappear in

20 the floor plans, but I don't think I found the next

21 level of what exactly was happening in those

22 apartments.

23 MR. ABILLAMA: So, let's see if I can find

24 you the explanation. So, we have two windows in each

25 kitchen that's adjoining to the living room. Those

DIAMOND REPORTING 718-624-7200 Proceedings 134 1 two windows will be blocked by the virtue of having

2 this addition in front of that western wall. And,

3 therefore, any, you know, we're going to comply with

4 the light and ventilation requirements as far as the

5 exhaust from the bathrooms, we'll provide them, as

6 well as any changes required for the kitchen.

7 Overall, once we look at the whole overall

8 picture, mainly kitchens in apartment buildings are

9 not, they don't have to have lighting. It would be

10 nice to have actual light and ventilation, but they're

11 always included on the interior side of the apartments

12 because we'll give priority to living rooms and

13 bedrooms. So, in essence, we are, this is a not a bad

14 design. We would have liked to see the kitchens don't

15 lose these windows but, on the other hand, we are, you

16 know, we're able to accomplish the addition of the 13

17 units.

18 And there's more safety in this situation.

19 The existing kitchens right now, they go onto a fire

20 escape, and what we're doing is providing an exit onto

21 common corridor which leads to two series of, two

22 stairs, fire stairs. And there's access to an

23 elevator, and they have an access to the refuse shoot.

24 And, overall, we think it's a better situation than

25 before.

DIAMOND REPORTING 718-624-7200 Proceedings 135 1 MR. ELLMAN: I just needed to understand

2 what was happening, it just wasn't clear to me as I

3 was doing my review.

4 Thank you.

5 MR. ABILLAMA: You're welcome.

6 THE CHAIRMAN: Okay. If no more questions,

7 then, yeah, if you can address the concerns in the

8 report that you were provided, we'll look forward to

9 seeing you at next month's meeting, Mr. Abillama.

10 MR. ABILLAMA: Thank you, Mr. Chairman,

11 thank you.

12 THE CHAIRMAN: Thank you.

13 We're going to move to item number 17, which

14 is a site plan review for proposed -- nope, that was

15 it.

16 MR. ELLMAN: We mis-numbered, we skipped

17 18.

18 THE CHAIRMAN: Yeah, I was looking at that.

19 MR. ELLMAN: Look at that, we're moving

20 fast, Mr. Chairman.

21 THE CHAIRMAN: I knew the meeting wasn't as

22 long as it should have been. And I say that, take

23 that with a huge grain of salt.

24 Number 18 is a preliminary site plan review

25 for a proposed 113-unit, 6-story residential building

DIAMOND REPORTING 718-624-7200 Proceedings 136 1 and related parking at Block 5066, Lot 8 on the

2 property known as 76 Locust Hill Avenue pursuant to

3 Article IX of the Yonkers Zoning Ordinance.

4 Steve Accinelli is representative for the

5 proposal.

6 Mr. Accinelli.

7 MR. ACCINELLI: Good evening, Mr. Chairman,

8 members of the Board. Steve Accinelli from Veneruso,

9 Curto, Schwartz and Curto on behalf of the applicant

10 West Hab. We want to thank you the Board for the

11 opportunity to present this item for preliminary site

12 plan review.

13 We are currently before the Zoning Board of

14 Appeals and we are hopeful to get a favorable decision

15 at the upcoming October meeting. In the event that we

16 do so, the applicant would like to be in a position to

17 proceed with formal site plan approval as soon as

18 possible.

19 I did submit a more detailed project

20 description and I won't go through that particular one

21 tonight. I will just quickly say that the project

22 referred to as Hudson Hills is located at 76 Locust

23 Hill Avenue between Lafayette Place and Palisade

24 Avenue, and currently consists of a vacant three-story

25 dilapidated church that was abandoned in 2004.

DIAMOND REPORTING 718-624-7200 Proceedings 137 1 The property is situated on just under an

2 acre, a point 96, lot and will consist of a six-story

3 residential building containing 113 housing rental

4 units atop a parking garage with 84 spaces.

5 Hudson Hill was designed and intended to be

6 an approachable state-of-the-art building. Included

7 in the street scape is in keeping with the context of

8 the neighborhood and is highly energy efficient and

9 sustainable.

10 Building amenities will include a laundry

11 room, covered parking, electric vehicle charging

12 spaces, a bike storage room, security office, and a

13 property management rental office.

14 With the Board's permission, I would like to

15 turn it over to Anthony Guccione from JMC to review

16 and discuss the site plan particulars with the Board.

17 THE CHAIRMAN: Certainly, go ahead.

18 MR. ACCINELLI: Thank you.

19 MR. GUCCIONE: Good evening. Again, for the

20 record, my name is Anthony Guccione, Associate

21 Principal with the firm JMC. And I would just like to

22 take you briefly through the site plan, if it's okay

23 with the Board, we'd like to bring up some plans.

24 THE CHAIRMAN: Certainly, go ahead.

25 MR. GUCCIONE: Alex, you have control of

DIAMOND REPORTING 718-624-7200 Proceedings 138 1 them, if you could. If you can zoom in on them, Alex.

2 Thank you.

3 Okay. So, you can see the site is outlined

4 here in red, as Mr. Accinelli had said. It's just

5 under an acre in size, point 96 acres. Locust Hill

6 Avenue is to the left. You can see the magenta

7 outline there, the magenta is where the first floor of

8 the building touches down to the ground.

9 And then you can see a magenta dashed

10 outlined kind of an L-shape next to that, that is the

11 other five levels of the building just above the

12 parking area. So, six levels total with that small

13 portion touching down on the ground, and the rest of

14 it is on columns above the parking area.

15 You can see in grey is the upper level

16 parking area. And centrally located in the site is a

17 garden area, it would be for congregation, a patio

18 area, garden area, for the residents to congregate.

19 Access is via two driveways on the bottom of

20 the page, it's an entrance only driveway that comes in

21 off Locust Hill Avenue. Once you get past the

22 building, you can make a left into the upper level

23 parking lot, or you can continue straight down a ramp

24 and down to the lower level parking lot where there's

25 a loop access road configured for parking spaces. And

DIAMOND REPORTING 718-624-7200 Proceedings 139 1 you'd use the same ramp to come back up and exit

2 the lower level, and you can make a right into the

3 upper level parking lot.

4 You can see the flow arrows. The pump

5 garage is designed to be one-way circulation, and then

6 it travels up the through the parking lot, it weaves

7 through, and then past a trash enclosure toward the

8 end of the site, and then you ease your way one-way

9 exit only driveway at the north end of the site, or at

10 the top of the page.

11 The upper level has 35 parking spaces and

12 the lower level has 49 parking spaces for a total of

13 84 spaces to support the 113 units that are proposed

14 in the building, the apartment units. That is also a

15 parking ratio of 0.7 spaces per unit.

16 Our office prepared a parking study that did

17 analyze four other similar facilities in the City of

18 Yonkers, and it confirmed that this would be more than

19 adequate enough parking for this type of facility to

20 support the number of cars that would be anticipated

21 here.

22 The other four facilities had ratios of 0.26

23 occupied spaces per unit varying up to 0.62 occupied

24 spaces per unit. And, as we said, we're providing

25 here a 0.74 spaces per unit, so that should serve to

DIAMOND REPORTING 718-624-7200 Proceedings 140 1 be more than adequate.

2 We did review this parking supply and the

3 parking circulation, and the vehicular circulation to

4 the site with your Traffic Bureau, as well as the Fire

5 Department, and they both were in support of the

6 proposal as proposed.

7 Just real quickly, the site does have some

8 terracing and sloping to the back, it was about 20

9 feet higher than the back side of the site. Up by

10 there, it felt very nicely to step the lower level

11 parking at the rear of the site down to kind of

12 match the existing site and work well with the

13 contours.

14 There are retaining walls, they're on the

15 perimeter of the site that help to accomplish that

16 grade change, and there are some annuals and planters

17 in the front of the site off Locust Hill Avenue as far

18 as a grand staircase that leads up to the front door.

19 You know, basically, it is nicely

20 landscaped, you can see there are buffer plantings

21 around the rear and the sides of the facility, as well

22 as nice plantings in the front and will add a nice

23 aesthetic amenity for the residents.

24 With that, if it pleases the Board, I'd like

25 to turn it over to Ms. Amie Gross, the architect on

DIAMOND REPORTING 718-624-7200 Proceedings 141 1 the project to go over the building a bit.

2 THE CHAIRMAN: Sure, go ahead.

3 MR. GUCCIONE: Thank you.

4 MS. GROSS: Hello, I'm Amie Gross, President

5 of Aimie Gross Architects, and as Mr. Guccione was

6 saying, we are the architects of this building.

7 We're very exited about this opportunity to

8 have this site to design in that, as you all know,

9 Locust, this street itself, used to granger about it

10 which over time has changed, but we think that this

11 building will help to bring back that granger in that,

12 as we're saying, it's a storage structure.

13 It will be clad and brick, and also be clad

14 in Yonkers granite. Our office has done a lot of

15 research and, as many of you may know, Yonkers was one

16 of the epicenters in New York State of granite

17 quarrying, but Yonkers granite still is quarried in

18 upstate New York. So, we will be using this granite

19 cladding which is still all over Westchester,

20 apparently, it is also clad, the Yonkers City Hall is

21 clad in this granite, as well as the buildings that go

22 over the Sprain Parkway.

23 Is there some background noise? I just hope

24 you guys can hear me.

25 THE CHAIRMAN: We hear you loud and clear.

DIAMOND REPORTING 718-624-7200 Proceedings 142 1 There was some noise, but we hear good.

2 MS. GROSS: Wonderful, thank you.

3 The building has a very strong base, which

4 will be, as Anthony was saying, backed up by very

5 extensive landscaping. Some of you you know the

6 current site. We will be keeping its location above

7 the sidewalk which is about three or four feet. And,

8 as you can see in the rendering, there will be a broad

9 staircase that leads up from the crosswalk as the

10 building is set back about 15 feet.

11 The building can also be accessed through a

12 very shallow-sloped ramp, which will be next to the

13 building itself, so the building is 100 percent

14 handicap accessible.

15 At the ground floor of the building will be

16 a lobby leading out to the garden space, which I will

17 talk to you about shortly. And the top of the

18 building where you see the large windows, will be a

19 community room which we're calling the Hudson Room,

20 which will have a lovely view of the Hudson River and

21 the Palisades, and it will be a real amenity for the

22 tenants that are lucky enough to live there.

23 In the Next slide, we have a diagram that

24 was developed for an application that we made to the

25 State of New York for a building to be a building of

DIAMOND REPORTING 718-624-7200 Proceedings 143 1 excellence in that, as Mr. Accinelli was saying, the

2 building is quite sustainable and we think it really

3 will be of the cutting edge of sustainability, and

4 that it will include a significant number of solar

5 collectors. It will have a generator to allow the

6 building to operate in the unfortunate circumstance

7 where we are without power.

8 The exterior wall will have very very

9 sustainable components to it allowing the building to

10 almost reach half of HUD standards without having to

11 have the extra money required to get that certificate.

12 What this actually shows you is that the

13 building is U-shaped. And what we're particularly

14 happy with is that from the front of the building, you

15 really don't get a sense of its size or its mass, and

16 that the U configurations is really hidden behind the

17 front facade. What the U does is create lovely views

18 from those courtyard-related apartments down to the

19 garden, and it allows us to keep the building compact

20 and not overwhelm the neighborhood.

21 And, as Mr. Guccione was talking about, at

22 the last leg of the U on the Palisade facing side, is

23 where we will have the parking tucked underneath the

24 building.

25 The garden will be accessible from the lobby

DIAMOND REPORTING 718-624-7200 Proceedings 144 1 itself and will also have a wonderful vista to it in

2 that as you enter the building, you will be able to

3 look through the lobby out into the garden space

4 itself.

5 And just to expand on the landscaping that

6 Mr. Guccione was talking about, there are actually

7 some lovely street trees that we will set on the

8 sidewalk that will be retained, and then a series of

9 retaining walls and planters. We will have both

10 flowering trees and both evergreen and annual

11 plantings that will be at the front of the building in

12 the garden. And then there will be further

13 landscaping around the perimeter of the building so,

14 for the neighbors themselves, it will be a lovely

15 picture of the building.

16 So, I think in summary, we, with the

17 wonderful prompting from West Hab, hope that we're

18 really bringing a building that will significantly

19 improve the look of the neighborhood and clearly bring

20 in wonderful new families into Yonkers.

21 And, clearly, if there are any questions

22 that you have, we're happy to answer them.

23 THE CHAIRMAN: Thank you.

24 Members of the Board, questions to any of

25 the presenters any at this point?

DIAMOND REPORTING 718-624-7200 Proceedings 145 1 Okay, staff, anything at this point?

2 MS. GROSS: Alex, do you want to put the

3 rendering back?

4 THE CHAIRMAN: Lee, anything, staff? I know

5 it's late.

6 MR. ELLMAN: It is late.

7 THE CHAIRMAN: Unfortunately, you got us

8 nearly at the end of a long evening.

9 It looks fantastic, it looks like a very

10 nice project. The green nature of it is also

11 impressive.

12 MS. GROSS: Wonderful, thank you.

13 MR. GUCCIONE: Thank you.

14 MR. LAFERLA: You looked like you really

15 wanted to decrease the carbon footprint with the solar

16 panel and all those trees.

17 MS. GROSS: Absolutely. I think this will

18 really be a demonstration project of how we can

19 affordably create a sustainable building.

20 If you have a moment, Alex, did you want to

21 talk to them some more about the sustainable

22 properties in the building?

23 Alex is the project manager in our office,

24 he's running this job.

25 MR. LAFERLA: Good evening, Chairman and

DIAMOND REPORTING 718-624-7200 Proceedings 146 1 members of the Board. I'm Alex --

2 MR. ELLMAN: I'm sorry, it's a prelim -- I'm

3 sorry.

4 MR. LAFERLA: I know it's late.

5 THE CHAIRMAN: Actually, you're not, you're

6 next to last, and then we have some other --

7 MS. GROSS: Never mind, we'll do it another

8 time.

9 MR. LAFERLA: Another time.

10 MS. LANDI: I have a question.

11 THE CHAIRMAN: Yes, go ahead, Adelia.

12 MS. LANDI: My question is, you have

13 studios, one-bedrooms, two-bedrooms, and five three-

14 bedrooms, so I'm assuming there are going to be

15 children in this building. And I would love to see in

16 your garden area something suitable for children to

17 play.

18 MS. GROSS: Thank you, we will definitely

19 look into that.

20 MS. LANDI: Thank you.

21 THE CHAIRMAN: Yeah, I think we'll move on

22 at this point.

23 I'm sorry, members of the Board, any other

24 questions?

25 MR. ELLMAN: Yes, just very quick so they

DIAMOND REPORTING 718-624-7200 Proceedings 147 1 come back with information the Board needs. One of

2 the things that was not very well detailed was what

3 happens between the rear yard of this property and the

4 rear yard of the smaller homes that face on Palisade

5 Avenue. So, that's something that we need to see, the

6 off-site impacts.

7 The other thing that is important to come

8 back with on the non-prelim is a shadow study, and the

9 third part of the Affordable Housing Ordinance

10 requires additional investigation of what happens when

11 there's a re-concentration of affordable housing so

12 that we don't end up spending another 20 years with

13 the Justice Department.

14 Then, finally, just for the Board, this, all

15 of a sudden Locust Hill is becoming very hot because

16 this is also the back of the AMS project. So, AMS is

17 coming up from North Broadway and going up to

18 Overlook, which is, essentially, a block-and-a-half

19 away on Locust Hill from this site.

20 So, those are just things for the Board to

21 take into consideration in their review of this

22 project.

23 THE CHAIRMAN: All right, thank you, Lee.

24 All right, thank you, Steve. We'll look

25 forward to seeing you at next month's meeting, and

DIAMOND REPORTING 718-624-7200 Proceedings 148 1 good luck with Joe over at Zoning.

2 MR. ACCINELLI: Thank you, Mr. Chairman.

3 Also, we did receive comments from

4 Engineering and the Water Department, and we're

5 thankful for those at this early stage. So, we'll be

6 working on those, as well.

7 Thank you everyone.

8 THE CHAIRMAN: Thank you. Good night.

9 MR. GUCCIONE: Thank you, good night.

10 THE CHAIRMAN: Okay, moving back to Item

11 15, site plan review for a proposed side-by-side

12 drive-thru at the existing McDonalds Restaurant and

13 associated site improvements at Block 188, Lot 11 on

14 the property known as 155 South Broadway pursuant to

15 Article IX of the Yonkers Zoning Ordinance.

16 Keith Brown, representative for the

17 proposal.

18 Mr. Brown, if you can unmute yourself and go

19 ahead.

20 MR. BROWN: Thank you. Can you hear me now?

21 THE CHAIRMAN: Yes, I can hear you.

22 MR. BROWN: Let me move back over, I'm using

23 my phone so bear with me. Okay, there we go.

24 All right, good evening, everyone, Mr.

25 Chairman Kozicky and all of the members of the City

DIAMOND REPORTING 718-624-7200 Proceedings 149 1 Planning Board, Keith Brown, Brown and Altman, LLP,

2 538 Broad Hollow Road, Suite 301, Melville, New York

3 11747.

4 I'm here tonight with respect to McDonald's

5 site plan application to renovate the existing

6 McDonalds Restaurant and convert the tandem drive-thru

7 into what we call a side-by-side drive-thru at the

8 property located at 155 South Broadway.

9 As a matter of housekeeping, prior to

10 today's hearing, the hearing was posted on the

11 property in compliance with City Code, and we

12 submitted an affidavit of posting and copies of all

13 the documents we're relying upon in connection with

14 our hearing by e-mail earlier today. Let me just find

15 my e-mail. And that was submitted to the Planning

16 Bureau at almost 3 o'clock today, 2:44.

17 As you are aware, the property is zoned

18 within the South Broadway section zoning district and

19 is presently approved with the existing McDonald's

20 Restaurant. The existing 5,332 square-foot building

21 will have a 124 square-foot reduction on the south

22 side of the building, as well as a bump out in the

23 rear totaling 135 square feet plus 40-foot square-

24 foot addition in the south for a total of 5,450 square

25 feet in total. Therefore, the overall addition to the

DIAMOND REPORTING 718-624-7200 Proceedings 150 1 building is just a mere 117 square feet.

2 The subject property is bounded on the east

3 side by South Broadway and to the North by Vark

4 Street. North of the property opposite Vark Street is

5 St. Joseph's Medical Center.

6 The uses and the neighboring parcels are in

7 harmony with the continuation of the historic use of

8 the property as a fast food restaurant together with a

9 modified drive-thru and expanded footprint.

10 By way of background, on March 10th of this

11 year, McDonald's obtained approval from the City

12 Zoning Board of Appeals for area variances to expand

13 and maintain the restaurant, to install the side-by-

14 side drive-thru and for parking variances.

15 With respect to the side-by-side, McDonald's

16 has found through the years of research that the choke

17 point in the drive-thru operation is in taking

18 customers' orders. As a result, McDonald's has been

19 improving drive-thru with more modern equipment.

20 By taking two menu orders at once,

21 McDonald's better serves its existing customer base

22 and can conserve complicated orders more efficiently.

23 The side-by-side drive-thru consisting of two menu

24 boards, two boards, a pay window, and pickup window is

25 more efficient than its traditional drive-thru and

DIAMOND REPORTING 718-624-7200 Proceedings 151 1 tandem drive-thrus. This results in reduced wait

2 times for customers in periods of peak demand and

3 reduced drive-thru cues.

4 We should also note that speaker systems to

5 be installed with the new order boards will employ

6 automatic volume control. The automatic volume

7 control will adjust the outbound volume based on

8 outdoor --

9 THE CHAIRMAN: It's probably his connection.

10 MR. BROWN: Sorry. As will be explained by

11 Mr. Paul Going, our Traffic Engineer, the tandem

12 drive-thru will improve on-site circulation and will

13 reduce the potential of any overflow from the drive-

14 thru onto South Broadway.

15 In addition, as part of our overall

16 redevelopment, McDonald's will be updating the

17 existing restaurant with improved architectural

18 design.

19 Prior to this evening's hearing, we

20 submitted by e-mail a copy of the elevations for the

21 Board's review. We also have Patrick Bliss, our

22 architect, available to answer any questions the Board

23 may have regarding the new design of the restaurant.

24 As to be seen from the street-view

25 photograph we submitted, the existing restaurant has a

DIAMOND REPORTING 718-624-7200 Proceedings 152 1 dated design with a hip roof, a red and yellow

2 exterior, as well as the outdated acrylic lights on

3 the hip roof.

4 The new exterior design will be more in

5 character with the surrounding area, as it will be

6 primarily dark grey in color. In addition, the

7 majority of the exterior will be built with brick,

8 metal panel, and aluminum.

9 With us tonight, we have in support of the

10 application, Mr. Jared Jones, the Project Engineer,

11 who will explain the site layout and design and,

12 essentially, what the project will look like once it's

13 built, and will be on hand to answer any site design

14 questions that the Board may have.

15 Next we have Paul Going, our traffic

16 expert who's also on hand to answer any traffic-

17 related questions that the Board may have.

18 And, finally, Mr. Patrick Bliss, Project

19 Architect, who will answer any questions the Board may

20 have regarding the new design of the restaurant.

21 So, that's our overview. I'd like to call

22 Mr. Jared Jones to go through the site plan with you.

23 THE CHAIRMAN: Sure, go ahead.

24 MR. JONES: Good afternoon, Board members.

25 I know it's late, I won't bore you guys too much.

DIAMOND REPORTING 718-624-7200 Proceedings 153 1 Essentially this is an expansion of the

2 building. And with the traffic flow on site, the

3 basic traffic flow patterns of the site were modified

4 with the parking and installing the side-by-side

5 behind the building to increase the drive-thru flow

6 and alleviate some of the parking on site.

7 Other than that, it's virtually the same

8 layout that exists currently. I don't want to go

9 through too much detail, I know it's late, most of the

10 Board members don't want to continue to be here, so if

11 there are any questions, I'm here to answer anything.

12 THE CHAIRMAN: All right. Thank you.

13 MR. BROWN: Next we have Mr. Paul Going.

14 MR. GOING: Good evening. My name is Paul

15 Going, my office prepared a traffic letter report

16 dated October 7th, 2020 that was submitted in

17 connection with the project.

18 And in that report we looked at the trip

19 generation of the McDonald's, which is expected only

20 to increase by approximately seven peak hour trips due

21 to the proposed expansion by 117 square feet. That's

22 only approximately a two percent increase in square

23 footage and, really, it's additional area needed to

24 make the side-by-side drive-thru work.

25 The side-by-side drive-thru is proposed

DIAMOND REPORTING 718-624-7200 Proceedings 154 1 which results in less cueing and, also, cues the

2 traffic up in a smaller space. And in the case of

3 this project, will cue the traffic up further away

4 from the public roadways.

5 So, there's multiple benefits to the

6 side-by-side drive-thru. It's not really a detriment,

7 but in order to put in the side-by-side drive-thru, we

8 need to remove seven parking stalls. So, there's a 17

9 percent decrease in parking stalls, but we're also

10 reducing the number of seats inside the restaurant.

11 That's part and parcel of updating the interior of the

12 restaurant for ADA.

13 And the interior seats will be reduced from

14 89 to 77. So, a 22 percent seat reduction along with

15 a 17 percent parking reduction, we're actually

16 increasing the parking ratio and the variance for the

17 proposed parking which was previously granted.

18 If you're not familiar with the side-by-side

19 drive-thru, the closest one I'm aware of is in Nyack,

20 but this is the type of operation that McDonald's is

21 constructing nationwide. They have found, as Keith

22 previously mentioned, that the chokepoint in the

23 drive-thru process is at the menu board.

24 McDonald's has a bigger menu than it used

25 to, there's a lot more choices, and these days, people

DIAMOND REPORTING 718-624-7200 Proceedings 155 1 are using drive-thru, I'd say, more than ever due to

2 COVID and, you know, being able to get your meal

3 without necessarily having to expose yourself to

4 somebody or have them exposed to you.

5 If there are any questions I'm happy to

6 answer them, but that's a pre-forward view of the

7 side-by-side.

8 THE CHAIRMAN: All right. Before we go on,

9 before I forget the questions, just quickly, how does

10 the side-by-side work? I understand the concept of

11 getting the orders in quicker, but then they both come

12 back together again. Is there just one pickup window?

13 MR. GOING: Yeah. So, the way it works,

14 what McDonald's specifically found is that it takes

15 about a minute to order, 30 seconds to pay, and 30

16 seconds to pick up your food. So, you can see easily

17 how the side-by-side drive-thru works in that by

18 taking two orders at once, you reduce the average time

19 to 30 seconds.

20 So, the two orders are taken separately.

21 The cars that merge, the layout of the drive-thru is

22 very carefully laid out so that the drivers have a

23 clear line of site to one another, so there's no

24 problem with them merging together.

25 When you're making your order, a photo is

DIAMOND REPORTING 718-624-7200 Proceedings 156 1 taken of the right front, it's probably the left

2 front, quarter panel of your vehicle. So, when you

3 pull up to pay, and when you pull up to pick up your

4 order, the McDonald's employees inside is actually

5 seeing that photo of your car and they can make sure

6 that the right order gets to the right car.

7 So, it actually works very well, I patronize

8 them all the time and, you know, we haven't really

9 seen any significant problems with them. They just

10 operate better, they can cue up more cars and,

11 therefore, have less impact, or potential impact, on

12 neighboring streets, so they do contribute to safety.

13 THE CHAIRMAN: All right. Unless you have

14 identical cars pulling up at the same time.

15 MR. GOING: Yeah.

16 THE CHAIRMAN: Do they get an order number,

17 as well?

18 MR. GOING: Yeah, I mean, well, as part of

19 the side-by-side drive-thru, you get an updated menu

20 board, an updated ordering point, and latest

21 technological equipment. So, as you're making your

22 order, you can see right there on the video display

23 what you're ordering, how much it costs, what your

24 order number is.

25 THE CHAIRMAN: Okay. So, we will get an

DIAMOND REPORTING 718-624-7200 Proceedings 157 1 improvement on the backup that has occurred onto South

2 Broadway then with this situation?

3 MR. GOING: Correct, the existing menu board

4 is pretty close to that driveway. The proposed menu

5 board will be much further away.

6 THE CHAIRMAN: And what will be the affect

7 on walk-in service? I heard that it's becoming a lot

8 more difficult to get a timely, or fast food, meal

9 when walking into the McDonald's, they're putting a

10 lot more emphasis on the drive-thru.

11 MR. GOING: Well, I think the counter mans

12 as needed, the employees are put on shift to serve all

13 the customers. I think right now in the midst, or

14 perhaps, you know, towards the, maybe it's towards the

15 end, of the COVID pandemic, I think you probably do

16 get people having to wait a little bit longer to do a

17 walk-up order, just because so many people are

18 choosing to use the drive-thru instead of the inside.

19 And, you know, for some time period, you were unable

20 to go inside, you could only use the drive-thru, so I

21 think that will shift back a little bit.

22 THE CHAIRMAN: All right. Well, I guess

23 that's part of your business decision.

24 Question regarding pedestrian access to the

25 building.

DIAMOND REPORTING 718-624-7200 Proceedings 158 1 MR. GOING: Yes.

2 THE CHAIRMAN: I don't know if it's for you

3 or someone else to answer. Traffic and Engineering

4 brought up the question of the safe passage of

5 pedestrians from the southern parking area into the

6 building.

7 MR. BROWN: Yes. If you want to look at

8 site plan C-003, you can see that there's a pedestrian

9 access depicted on the drawing. There's a sidewalk

10 with hand mounts on both sides, and it's actually an

11 enlargement that's included in the upper left-hand

12 corner that you can see. So, that's already on the

13 site plan. I don't know if you're able to pull that

14 up.

15 Am I unmuted?

16 THE CHAIRMAN: Yes, you're unmuted.

17 So, someone would park in the southern area,

18 walk towards, directly towards, South Broadway until

19 they get to the front of the property and then cross

20 across the driveway into the area that you're talking

21 about giving them safe passage with the rails to the

22 building; is that correct?

23 MR. BROWN: That's correct.

24 THE CHAIRMAN: It's a lot of walking before

25 you get to safe passage.

DIAMOND REPORTING 718-624-7200 Proceedings 159 1 MR. BROWN: Well, that's the drive-thru side

2 of the restaurant, that's why.

3 THE CHAIRMAN: Yeah. I'm just going to

4 take a closer look at that because that's also the

5 place where the person leaving the drive-thru is

6 checking to see if he got his fries.

7 MR. BROWN: There's ample space for that

8 person, that vehicle, and that's the whole point of

9 this, that there's ample space for the cars to pull

10 up, there's a stop bar so that anyone coming around

11 the restaurant who wants to leave, they have the

12 right-of-way.

13 THE CHAIRMAN: I also see it's a turn and

14 then, a 90-degree turn, that the car needs to make.

15 MR. BROWN: Right.

16 THE CHAIRMAN: So, the awareness should be

17 raised, as opposed to going directly onto the street.

18 MR. BROWN: But to the point about checking

19 the orders, there's definitely ample space there that

20 someone who just left the pickup window could go up to

21 the stop bar, check their order, make sure it's okay,

22 and then they can proceed out onto South Broadway.

23 THE CHAIRMAN: All right. And then on a

24 site plan issue matter, you indicate that there are

25 two proposed pile-on signs, one on South Broadway and

DIAMOND REPORTING 718-624-7200 Proceedings 160 1 the other is at the exit of Vark Street.

2 MR. BROWN: That's correct.

3 THE CHAIRMAN: But we don't have details on

4 those. Will the existing pile-on on South Broadway

5 be removed or replaced, or it stays?

6 MR. BROWN: No, it's going to be removed.

7 And the reason why, we had actually reached out to the

8 Sign Inspector back in October of last year, our sign

9 vendor Folding Signs met with her and submitted sign

10 permit applications and she reviewed them. We were

11 told at that time that no ZBA approval would be

12 needed, and that we only need to submit the site plan

13 approval. We confirmed that again back on November

14 12th of last year through the sign vendor in a

15 telephone conversation with the Sign Inspector.

16 So, the site plan does show the two pile-on

17 signs. There's one indicated as PY that's located

18 close to the entrance off South Broadway, and you can

19 see it there. And then there's a second one indicated

20 on the left-hand side of the exit onto Vark Street in

21 the upper left-hand corner.

22 THE CHAIRMAN: All right. Do we have the

23 dimensions listed on the plan, as well?

24 MR. BROWN: We submitted the sign details,

25 but it's my understanding that they were not needed.

DIAMOND REPORTING 718-624-7200 Proceedings 161 1 We did submit them today after the request from the

2 Planning Bureau, but it was my understanding that they

3 would not be needed because we were only going for

4 site plan approval.

5 THE CHAIRMAN: All right, I have that

6 listed as still being necessary.

7 Staff, could you help us out on that, are we

8 still looking for that? Lee, you need to unmute

9 yourself.

10 MR. ELLMAN: Thank you. Yes, yes, we are.

11 And I think there may be some misunderstanding at the

12 Building Department and the Sign Inspector. Any new

13 sign is looked at as a new structure. So, that

14 structure comes up for site plan review. There would

15 be currently no need to go to the Zoning Board for it,

16 but the need for a pile-on sign on South Broadway with

17 its limited ability to see a distance is what we're

18 questioning.

19 MR. BROWN: Okay, I can appreciate that, Mr.

20 Ellman, but there is no site lining distance issue, as

21 Mr. Jones can attest to. You can see there's ample

22 room on the Vark Street one.

23 MR. ELLMAN: I think we're talking about

24 different things. I'm suggesting that unlike a

25 highway location where you may need to know where the

DIAMOND REPORTING 718-624-7200 Proceedings 162 1 McDonald's is from half-a-mile away, that once you're

2 close enough to see anything, you are going to see a

3 McDonald's building with a McDonald's sign and a

4 McDonald's pile-on sign which leads me to question the

5 need for additional visual clutter and another pile-on

6 sign. That's my pitch.

7 MR. BROWN: Why the need for the secondary

8 sign on Vark Street, is that it?

9 MR. ELLMAN: Yes.

10 MR. BROWN: Jared, do you want to cover

11 that?

12 MR. ELLMAN: Well, you have a sign on Vark

13 Street now, on the corner of Vark and South Broadway.

14 MR. JONES: Correct. So, the thought was to

15 move the sign at the corner and put one closer to the,

16 we'll call it the left side of the entrance, or the

17 exit, of Vark Street so that pedestrians coming down

18 Vark Street would now allow to have a vision there.

19 And then there's an additional one on South Broadway

20 that's located to the south on South Broadway that

21 obviously identifies the restaurant.

22 And, just for the Board's knowledge, the

23 proposed pile-on signs are 20 feet tall and they have

24 a total square footage of 42.08 square feet. So,

25 they're each additional smaller than the existing

DIAMOND REPORTING 718-624-7200 Proceedings 163 1 proposed pile-on sign, just for everyone's

2 information.

3 MR. ELLMAN: So, let's get a detail on both

4 of them for the Board's review.

5 MR. BROWN: We submitted them this

6 afternoon, Lee, they were put in the drop box.

7 MR. ELLMAN: Right, and you're going to get

8 us plans that we can circulate to the other

9 departments and to the Board, paper copies, please. I

10 mean, you got us stuff essentially at the last minute

11 and we were not able to, that's why we're having this

12 discussion now and we're talking about sizes of signs

13 rather area than having them on a set of plans.

14 MR. BROWN: Right, but I guess, so, as far

15 as the size is concerned, the height is concerned, and

16 the setbacks are concerned, that was found to be all

17 compliant with the City Code.

18 MR. ELLMAN: And site plan review, as you

19 well know, seeing if you can do better than absolute

20 minimums. That's why we look at things, otherwise we

21 would go by straight code, and straight code is one of

22 the reasons that Yonkers looks the way it does.

23 MR. BROWN: Okay. I guess I'd like to hear

24 from the rest of the Board members if they have any

25 issue with the location on the site plan. We did

DIAMOND REPORTING 718-624-7200 Proceedings 164 1 provide -- we didn't this was going to be an issue, so

2 we didn't know to provide them upon applying,

3 otherwise we would have, but we did submit them

4 electronically. Do you need additional hard copies,

5 Mr. Ellman?

6 MR. ELLMAN: Please, because I need to be

7 able to send them outside the department, some of our

8 Board members. Certainly we would rather review

9 things on paper, it's just easier for us, yes, please.

10 MR. BROWN: Okay.

11 MR. ELLMAN: We'll talk off line about what

12 we need to be able to send out.

13 MR. BROWN: That's fine, but I did hear Mr.

14 Jones say that what is being proposed is smaller than

15 what's there now. And what's there now, although it's

16 a short sign, it's very, it's larger in surface area.

17 THE CHAIRMAN: All right, we'll wait for

18 your submission and move on from there.

19 MR. BROWN: Okay.

20 THE CHAIRMAN: Members of the Board, were

21 there any other questions or comments for the

22 applicant at this time?

23 MS. LANDI: One question only.

24 THE CHAIRMAN: Yes, Ms. Landi.

25 MS. LANDI: My question is, when you are

DIAMOND REPORTING 718-624-7200 Proceedings 165 1 exiting your McDonald's, could we have a no left turn

2 because you would be crossing South Broadway which is

3 a pretty busy street right there.

4 MR. BROWN: Paul, do you want to tackle that

5 question? You had the discussions with the various

6 agencies.

7 MR. GOING: I believe that --

8 MR. JONES: Paul, I'll take it. So, the

9 plans already call for a right turn only sign. If you

10 want, we can switch that to a no left turn sign.

11 MS. LANDI: No, that's fine. If it says

12 right turn only, that's suffice.

13 Thank you.

14 THE CHAIRMAN: Okay, other members of the

15 Board, questions, comments?

16 MR. BROWN: Mr. Chairman, there was one

17 other thing that was raised in the staff memo and I

18 would just like to explain. There was a question

19 relative to whether we reconfigured the two proposed

20 perpendicular spaces on the southeast corner.

21 THE CHAIRMAN: Yes, go ahead.

22 MR. BROWN: So, the reasons for those two

23 spaces, why they're perpendicular and not angled is

24 because those are what are termed pull-forward stalls.

25 If you can see, they call that, it says proposed large

DIAMOND REPORTING 718-624-7200 Proceedings 166 1 order signs. So, what happens there, and I'll let Mr.

2 Going elaborate further, but let's say, you know, you

3 have two people ordering, one is a large mini van with

4 many kids, which will be a large order, and then you

5 have someone in a subcompact who's by themselves.

6 That large order sometimes takes a long time

7 to prepare and fulfill especially with the offerings

8 that McDonald's has these days. So, after they make

9 it, they pay at the window, go to the pickup window,

10 and let's say the order is not ready at that point in

11 time, they're able to make their way to the stop bar

12 and proceed straight forward where an employee of the

13 restaurant will come outside with their order and

14 they'll hand deliver it, this way it doesn't build up

15 the cue in the drive-thru and it prevents the backup

16 on South Broadway that we're trying to achieve.

17 Paul, anything you want to add to that?

18 MR. GOING: I would just add to the

19 Chairman's point, if somebody after they come through

20 the drive-thru, they check and see if their fries or

21 ketchup is there, if it's not, we want to have stalls

22 that are accessible so you can pull out of the

23 drive-thru, stay on the site, and do whatever it needs

24 to fulfill the order, as opposed to drive out onto the

25 street, circulate, and come back in the site.

DIAMOND REPORTING 718-624-7200 Proceedings 167 1 So, with the one-way circulation we'll have

2 on site, which is necessary with the drive-thru, we

3 can have somebody exiting the drive-thru to be able to

4 get into a parking stall.

5 THE CHAIRMAN: Right. I understand the

6 purpose behind it, I guess the only thing we'll need

7 to do is present that to our Traffic Engineer and see

8 if he finds that as an acceptable answer. We'll get

9 back to you on that.

10 MR. BROWN: And there was one last thing on

11 the memo that I saw which I addressed with Mr. Jones

12 today, but I would like him to talk to, it has to do

13 with the factual devices. Jared, do you want to speak

14 about that?

15 MR. JONES: Yes, because the site is an

16 existing restaurant, we'll take a look at what's

17 existing and file whatever we have to with the Water

18 Bureau. If there are devices we need, if we have to

19 file to legalize them, we'll coordinate that with

20 Yonkers, but we're well aware of the comment and we'll

21 address it as necessary.

22 THE CHAIRMAN: Okay. All right, thank you,

23 Mr. Jones. Thank you, Mr. Brown.

24 Members of the Board, any other questions,

25 comments?

DIAMOND REPORTING 718-624-7200 Proceedings 168 1 MS. FORSBERG: No.

2 THE CHAIRMAN: No. All right, we'll look

3 forward then to seeing you at next month's meeting.

4 MR. BROWN: I'll follow up with Mr. Ellman

5 tomorrow.

6 THE CHAIRMAN: Yes, perfect, thank you.

7 MR. BROWN: Thank you, have a good night

8 everyone.

9 THE CHAIRMAN: Okay, good night.

10 All right, Board members, we do have one

11 item on the correspondence list. Lee, at my peril,

12 I'll ask you to comment on that.

13 MR. ELLMAN: Extension for the Long Fellow

14 School site, the year that --

15 THE CHAIRMAN: All right, that was a perfect

16 explanation for it.

17 I will make a resolution to extend a site

18 plan approval from its original expiration date of

19 October 16, 2020 for one year to expire October 16,

20 2021, or the October 2021 Planning Board meeting,

21 whichever occurs first, for an application at

22 Block 2062, Lot 25 on the property known as 23

23 Mulberry street pursuant to Article IX, Section 43-102

24 and Section 43-112 of the Yonkers Zoning Ordinance.

25 Do I have a second on that resolution?

DIAMOND REPORTING 718-624-7200 Proceedings 169 1 MR. LARKIN: Second.

2 THE CHAIRMAN: Okay, seconded, I believe

3 Mr. Larkin.

4 MR. LARKIN: Yes.

5 THE CHAIRMAN: All in favor of the

6 resolution, please indicate by saying aye.

7 (A chorus of ayes.)

8 THE CHAIRMAN: Oppose, nay.

9 That passes unanimously.

10 Thank you very much.

11 One last item, not on the agenda, but a

12 question for next month's meeting. I think the date

13 is for next month's meeting, November --

14 MR. ELLMAN: November 11th.

15 THE CHAIRMAN: It would be the 11th, we put

16 it on the calendar that we approved, seems like an eon

17 ago at the beginning of the year as the 12th. Is that

18 date still -- you should have that down as the date,

19 but is everyone still good with that date, or would we

20 look to possibly move it to a Wednesday on the 18th?

21 MS. FORSBERG: I'm down for Wednesday the

22 18th.

23 THE CHAIRMAN: You would have a preference

24 for the 18th?

25 MS. FORSBERG: Yeah, but it doesn't matter,

DIAMOND REPORTING 718-624-7200 Proceedings 170 1 I can make both.

2 THE CHAIRMAN: All right, Adelia. Is

3 Adelia still with us?

4 MR. LARKIN: Chairman, I can't make the

5 12th.

6 THE CHAIRMAN: You can't make the 12th.

7 MR. LARKIN: I cannot.

8 THE CHAIRMAN: Then that might force our

9 hand.

10 Dr. Gillan.

11 DR. GILLAN: I'll check my book.

12 THE CHAIRMAN: Adelia, are you still there?

13 MS. LANDI: Yes, I am, I'm checking. So,

14 the date is going to be on the --

15 THE CHAIRMAN: We originally had it for

16 Thursday the 12th, but in keeping with keeping it on

17 Wednesdays, we're looking to move it to the 18th. So,

18 far it's good with Mackenzie, it's good with John,

19 it's good with me.

20 MS. LANDI: All right.

21 DR. GILLAN: November 18th?

22 THE CHAIRMAN: November 18th.

23 MS. LANDI: Okay, I can do it.

24 THE CHAIRMAN: It looks like everyone here

25 is good with the 18th. Christine, if you want to

DIAMOND REPORTING 718-624-7200 Proceedings 171 1 possibly just check with the last two members, and if

2 it's good with them, whatever we need to do to put it

3 on notice.

4 MS. CARNEY: Okay, absolutely.

5 THE CHAIRMAN: All right, I think that's

6 it. Lee, any final comments?

7 MR. ELLMAN: Was I that bad today?

8 THE CHAIRMAN: All right, hold on. Motion

9 to adjourn.

10 DR. GILLAN: Motion to adjourn.

11 MS. LANDI: I make a motion to adjourn.

12 THE CHAIRMAN: Motion by Dr. Gillan.

13 Seconded by --

14 MS. LANDI: Second.

15 THE CHAIRMAN: -- Adelia. All in favor,

16 indicate by saying aye.

17 (A chorus of ayes.)

18 THE CHAIRMAN: Oppose, nay.

19 That passes unanimously.

20 10 to 10:00, okay, the meeting is closed.

21 (Proceedings concluded at 9:51 p.m.)

22

23

24

25

DIAMOND REPORTING 718-624-7200 Proceedings 172

STATE OF NEW YORK COUNTY OF WESTCHESTER

I, CATHERINE ARMENTANO, Notary Public within and for the State of New York, do hereby certify that the within is a true and accurate transcript of the virtual proceedings taken on October 14, 2020

.

I further certify that I am not related to any of the parties to this action by blood or marriage and that I am in no way interested in the outcome of this matter.

Dated, New York,

______CATHERINE ARMENTANO

DIAMOND REPORTING 718-624-7200