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1 2 3 4 5 6 7 8 9 10 11 12 City of White Plains Planning Board Meeting 13 April 21, 2020 14 15 16 17 18 19 20 21 22 23 24 25

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1 CHAIRMAN JOHN IORIS: Good evening

2 everyone. I'd like to welcome you all to the

3 April 21st meeting of the City of White Plains

4 Planning Board and the first time we've done this

5 electronically. I hope everyone involved is

6 healthy and we will get to the substance of the

7 meeting. The first announcement this evening is

8 the main meeting of the Planning Board will be

9 May the 19th and at this point, we're not sure if

10 will be electronic or in person, as usual. We

11 will communicate with everybody as the time gets

12 closer.

13 The first order of business for the

14 evening is the minutes from the March meeting.

15 Leonard requested a small revision, which I

16 believe has been made. Does anybody else have

17 any issue with the minutes as they have been

18 presented to us?

19 BOARD MEMBER SARINA RUSSELL: No.

20 BOARD MEMBER LEONARD GRUENFELD: No.

21 CHAIRMAN JOHN IORIS: Okay. I need a

22 motion to approve the minutes from the March

23 meeting with the minor correction suggested by

24 Leonard Gruenfeld.

25 BOARD MEMBER SARINA RUSSELL: So moved.

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1 CHAIRMAN JOHN IORIS: I need a second.

2 BOARD MEMBER RICHARD PAYNE: Second.

3 CHAIRMAN JOHN IORIS: All in favor?

4 BOARD MEMBER SARINA RUSSELL: Aye.

5 BOARD MEMBER RICHARD PAYNE: Aye

6 BOARD MEMBER LEONARD GRUENFELD: Aye.

7 BOARD MEMBER ANNA CABRERA: And John, I

8 abstained because I wasn't there.

9 CHAIRMAN JOHN IORIS: Thank you. Okay.

10 Let me take a moment now to introduce the

11 participants in this evening's meeting. I am

12 going to do it in the order of the

13 (indiscernible). So, we have Katie Crawford from

14 the Planning Department. Myself, John Ioris from

15 the Planning Department. We have Anna Cabrera,

16 Planning Board member. We have Lou Saiz from the

17 Building Department. We have Judy Mezey from the

18 Planning Department. Sarina Russell, Planning

19 Board Member. We have Commissioner Chris Gomez

20 from the Planning Department. We have Planning

21 Board member, Lynn Oliva. We have Planning Board

22 member, Rich Payne. Planning Board Secretary,

23 Eileen McClain. Planning Board member, Leonard

24 Gruenfeld and Planning Board legal counsel,

25 Arthur Gutekunst. Welcome all.

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1 STAFF MEMBER KATIE CRAWFORD: John, you

2 want to mention the next month's meeting as well.

3 CHAIRMAN JOHN IORIS: Yes. Next

4 month's meeting -- I thought I did this --

5 LEGAL COUNSEL ARTHUR GUTEKUNST: He

6 already did that.

7 BOARD MEMBER LEONARD GRUENFELD: He

8 did.

9 CHAIRMAN JOHN IORIS: May the 19th and

10 it's either going to be electronic or in person.

11 We'll see (indiscernible) allows.

12 STAFF MEMBER KATIE CRAWFORD: Okay.

13 CHAIRMAN JOHN IORIS: Okay. So, the

14 first item on this evening's agenda is a proposal

15 for 52 North Broadway and this is a referral from

16 Common Council and we're being requested to write

17 a letter indicating what we feel about the

18 advisability of the development -- changes to the

19 zoning, excuse me. Is there anyone here

20 representing 52 North Broadway?

21 STAFF MEMBER KATIE CRAWFORD: Okay. I

22 just put Peter and Bill in and unmuted them.

23 Hello.

24 CHAIRMAN JOHN IORIS: I see Bill.

25 WILLIAM NULL: Hi. Good evening. I'm

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1 glad to see you all healthy and hopefully safe. 2 I appreciate your meeting through his method so 3 that we could continue the process and the 4 application. I'm William Null. I'm a member of 5 the firm of Cuddy & Feder. I'm here on behalf of 6 52 North Broadway, the applicant for this 7 petition. This is actually the second Verified 8 Amended Petition that's been submitted to Common 9 Council. And with me tonight is Peter Feroe, who 10 is with AKRF and he and I are going to try and 11 share a screen with you and walk you through a 12 PowerPoint presentation. 13 You're familiar with the site, the 14 application, as it's been pending before the City 15 for a couple of years at this point. There was a 16 draft environmental impact statement and the 17 application affects the 17 acres of property to 18 create a district that enables development in 19 what was formerly the Good Counsel Campus site. 20 The application that we've -- the Petition that 21 we've submitted -- the Amended Petition we've 22 submitted reduces the mass and height and bulk of 23 the overall proposed development that would be 24 allowed under the new zoning (indiscernible) and 25 also reduces the number of the types of uses,

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1 eliminating a few. It's primarily a senior

2 redistricted housing development including

3 workforce housing, townhouses and independent

4 living and assisted living together that share

5 on-site services. You had previously issued a

6 letter regarding the initial petition that

7 recognized the consistency of the site

8 development with the Comprehensive Plan and we

9 appreciate that and look forward to updating you

10 on this new Second Amended Verified Petition.

11 Peter, are you in as well so that you can roll

12 into the PowerPoint and then we can comment

13 together?

14 PETER FEROE: I am, indeed. You can

15 hear me, so here I go. I'm going to attempt to

16 share my screen and here we go.

17 BOARD MEMBER SARINA RUSSELL: Look at

18 that. Wow.

19 PETER FEROE: So, as Bill said, you

20 know, we're back before you with this. We made a

21 presentation, what feels like a really long time

22 ago at this point, but it was only, I believe,

23 two months ago when the petition was before --

24 the Second Amended Petition was first before you

25 as to form and we're happy to be back. So, this

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1 presentation, we're going to focus a little bit

2 more on just the zoning aspect, specifically, of

3 the referral and a little bit less on the

4 project, but we'll do a quick overview.

5 So, as Bill said, we were first before

6 you back in 2016 when we submitted the original

7 and the First Amended Petition. Your Board wrote

8 a letter to the Common Council on that referral

9 and then worked with the DEIS Process Scope in

10 2017. The DEIS in 2018 and comments accepted

11 through the middle of June 29th. In January

12 2020, we submitted the Second Amended Petition.

13 We were back before you in February. We were

14 before the Historic Preservation Commission in

15 March and now, obviously, we are back in front of

16 you at this point.

17 So, everyone's pretty familiar with the

18 site. This is a bird's eye aerial looking west

19 as if we were over 287, North Broadway on the

20 top, Ross Street on the left, the Pace Law School

21 on the right. So, just a quick overview and

22 orientation of the site. This is a figure we've

23 referenced many times, but we believe is very

24 important as to the topographical characteristics

25 of the site, which are pretty important. The

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1 darker shades are higher, the lower shades are --

2 the lighter shades, excuse me, are lower and each

3 color increment is about 10 feet so you can see

4 the highest point on the site is where the chapel

5 is and then it goes -- slopes down to the south

6 and the east pretty precipitously in some places,

7 which is a very important consideration to the

8 ultimate design of the site.

9 So, as you know, the site is currently

10 zoned RM-1.5. This is a hypothetical site plan

11 to try to show what is "zoning compliant" under

12 the existing zoning. We have 467 dwelling units

13 as 10-foot setbacks in the rear and on the side

14 and 25-foot setback along the front yard, along

15 the North Broadway frontage. It results in 65-

16 75% coverage and access from all three streets on

17 which the property abuts, North Broadway, Stewart

18 Place and Ross Street. And so, it's from this

19 site plan that we, kind of, start and say, "This

20 is not a good solution for this site under the

21 current zoning. Let's come up with something

22 that's better, that better takes care of the site

23 and, kind of, respects it a lot more, preserves

24 it -- preserves some of the open space

25 characteristics."

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1 And so, the first Plan we had -- this

2 is the original zoning and I don't know if you

3 recall this, but what we had proposed is a zoning

4 paradigm that would step back the tallest

5 buildings from North Broadway. So, for the first

6 200 feet from North Broadway, in that green space

7 over here, there would be no development allowed.

8 There would be, essentially, a 200-foot setback

9 and the buildings would step up 50 feet, 80 feet

10 in height up to 140 feet in the eastern most

11 portion of the site with additional step backs

12 from Ross Street as well. That zoning paradigm

13 was used, and this site plan was developed under

14 the original program. It had a two and three-

15 story assisted living facility, a five-story

16 academic housing facility and two 10-story multi-

17 family residential buildings, which step down,

18 but was on top of three stories of parking, which

19 was below grade and then some of it became above

20 grade as the site sloped away from it. And this

21 site, again, that 400 multi-family units, as well

22 as the 90 academic -- assisted living units and

23 the 70 academic housing units, resulted in 47%

24 site coverage as opposed to the 65-75%. And you

25 can see some of the other features around here as

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1 well.

2 Obviously, we got a lot of comments on

3 that proposal and the DEIS through the many

4 hearings and letters and so, we went back and the

5 applicant looked and came up with a new

6 alternative, which we described for you in the

7 February meeting and I'll briefly, very briefly,

8 run through it. We're calling it the Townhouse,

9 Workforce and Senior Housing Alternative because

10 those are the uses that we are proposing. So,

11 what we're proposing is to introduce townhouse

12 units, 2-story units, 28 of them along the north

13 and the south of the site. What we're calling a

14 workforce housing building, it's a 48-unit multi-

15 family building, but 87% of those units are

16 studios or one-bedrooms with an average unit size

17 of 712 square feet. So really, this is purpose-

18 built workforce housing, affordable with a small

19 "a" in that these units are really relatively

20 small.

21 We're still proposing to maintain the

22 assisted living units, 103 units. We think this

23 is a great use for the site. We think it's a

24 great use for the city and we're proposing to add

25 an independent living use and what independent

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1 senior living is, it's age-restricted senior

2 living that provides enhanced community services.

3 So, for example, residents make use of a meal

4 plan. There are other services that are

5 provided, there are transportation services,

6 there's in-house activities and things like that.

7 So, it's not just a senior multi-family building,

8 it really is a community. And in this case, it's

9 going to be operated in conjunction with the

10 assisted living building as a single facility, so

11 shared, back of house, shared services, shared

12 staff and we think that's going to make for a

13 really great use on the site.

14 And then importantly, this proposal has

15 -- proposes to retain Mapleton in its current

16 location as opposed to the previous alternatives

17 that had proposed relocating Mapleton on another

18 site and retaining and adaptively reusing the

19 western wing of the convent that faces North

20 Broadway.

21 So, this is the site plan. Again, we

22 ran through it in February. I don't want to take

23 a ton of your time. I'll just point out the two-

24 story townhouse units in the north and the south

25 of the site really, kind of, frame the site and

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1 frame the campus, retaining Mapleton in its 2 current location. Obviously, the chapel remains. 3 This is the western wing of the convent, which is 4 preserved and adaptively reused to connect to the 5 workforce housing buildings. This is three 6 stories of workforce housing with parking 7 underneath accessed at two different levels from 8 two different points by taking advantage of the 9 grade of the site. And one of the things that 10 we're able to do is create this really nice, it's 11 about 3/4 of an acre, courtyard, for the 12 residents of this community that really frames 13 the site. 14 In the rear of the site, we have the 15 proposed senior living facility. So, a six- 16 story, independent living facility here with an 17 outdoor terrace and a five-story assisted living 18 building here. And this is four stories of 19 occupied space on top of one-story of structured 20 parking and that's why it's a total of five 21 stories and you see they connect here. And one 22 of the cool features of this site plan again, 23 making use of the topography, is that we've got 24 underground parking access just to the south of 25 the independent living building here, another

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1 level of underground parking accessed to the rear

2 here. And then all of the loading for the

3 independent living and assisted is accessed on

4 the eastern portion of the assisted living

5 facility from a driveway off of the main part of

6 the campus. So, there is no service access, no

7 resident access from Ross Street. All that's

8 provided is this emergency access for firetrucks

9 in the case that emergency fire access was

10 needed. Other than that, this entrance is

11 closed.

12 So, that's the site plan in a nutshell.

13 And here's what I wanted to focus on, on the

14 zoning. So, what we did is we are proposing to

15 keep the same paradigm of step backs, only as

16 you'll see, we shifted all of the height further

17 east and lowered everything. So, the 50-foot

18 step back was basically where the 35 foot is now

19 and now there's a 35-foot step back. The 85 got

20 moved back here and then, again, we're proposing

21 about 60 feet here with step backs, additional

22 step backs from Ross Street.

23 So, as compared to the original zoning,

24 what we're proposing again is 35 feet after a

25 100-foot step back from the North Broadway

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1 property line -- or step back rather. And that's 2 obviously the existing zoning. In this 50-foot 3 zoning step back area, again, this line begins 4 right at the high point of the site that you 5 remember. What we're proposing in here is a 6 three-story workforce housing building. But, as 7 you recall, it's -- the site slopes down to the 8 east and so, it becomes 50 feet in terms of 9 zoning height to allow that underground parking, 10 which leaves the site -- helps leave the site at 11 less than 50% coverage. And then, 85 feet, again 12 for the six-story independent living building, 13 which has a zoning height of about 85 feet. 14 Again, because the site slopes away so severely 15 so when you look at average grade, the height 16 measured in zoning becomes 85 feet. So, the step 17 backs, again, are right here. The rear yard and 18 side yard step backs, you'll see are very similar 19 to the original proposal and the current zoning. 20 Obviously, we're shifting everything to the east 21 a little bit, so reducing the rear yard setback 22 and the side yard setback from all these other 23 yards here, we're increasing to 20 feet plus an 24 additional step back for any building over 35 25 feet in height which is the currently allowed

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1 height under the RM-1.5.

2 And so, really what's left on the site

3 plan and what this comes down to is, that these

4 are the existing buildings to remain. So, this

5 is already there on the site. This is what you

6 see from North Broadway and what you'll continue

7 to see. You won't see very much beyond this

8 because of the topography of the site. So, what

9 we're adding are two-story townhouse buildings, a

10 three-story workforce housing building, a five-

11 story assisted living building and we're

12 proposing a six-story independent living

13 building. And that's how this zoning paradigm is

14 reflected in the proposed site plan.

15 So, in terms of density, I'll just walk

16 you through this chart. Currently, the RM-1.5

17 zoning district allows one dwelling unit for

18 every 1,500 square feet of lot area. So, that's

19 467 dwelling units. In addition to that, the RM-

20 1.5 allows for another 0.8 FAR of non-residential

21 development to be constructed and allows a

22 maximum building coverage of 35%. We had

23 originally proposed maintaining the same

24 residential density, reducing the non-residential

25 density which is the assisted living use. And

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1 now, what we're proposing is to reduce the

2 residential density. So, we're proposing to

3 reduce the residential density to one dwelling

4 unit for every 2,000 square feet of lot area and

5 put an overall FAR on the site for all uses

6 combined of 1.0 and this is something that was

7 recommended by planning staff and by your Board

8 as well, to put an overall FAR on the whole site

9 and make it much more transparent and easier to

10 regulate. And at the same time, what we're

11 proposing to do is reduce the maximum allowable

12 building coverage to 25%.

13 In terms of uses, we're proposing to

14 maintain very much the same types of uses that is

15 currently allowed as well as what was allowed in

16 the original zoning one and two-family dwellings,

17 multi-family dwellings, houses of worship. This

18 yellow denotes that in the original zoning, one

19 and two-family dwellings weren't called out as a

20 specifically permitted use, but we're -- but

21 those uses were allowed subject to approval of

22 the approving agency for the site plan.

23 So, we added something in the original

24 zoning for the approving agency to permit other

25 types of housing it deems appropriate, which is

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1 obviously something that’s not permitted in the

2 RM-1.5, but we thought was important to give the

3 site plan approving authority the ability to do

4 that in this planned residential district.

5 Assisted living, again, we are

6 proposing to make that permitted as of right in

7 our amended zoning as well as the original

8 zoning. Academic housing, we're no longer

9 proposing the use, so it is not included in the

10 amended zoning, though if the approving agency

11 wanted to permit it, it could, but we are not

12 proposing it. And then, for this proposal, we

13 are requesting that independent living and age-

14 restricted housing be specifically permitted as

15 principal permitted uses. While these uses would

16 have been allowed under the original zoning with

17 that other housing deemed appropriate clause, the

18 amended zoning makes these uses permitted as of

19 right.

20 And then, just to clarify, there were a

21 couple of uses that were not included in the

22 original zoning that the Planning Department

23 staff and Environmental Officer had suggested we

24 consider adding, so we did, to the amended

25 zoning. One is the domiciliary care facility.

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1 Again, something we're not proposing. It's 2 currently permitted as a special permit use in 3 the RM-1.5. The original zoning would have 4 permitted it if the approving agency determined 5 it was appropriate. But in the amended zoning, 6 we're just proposing to make it a principally 7 permitted use. 8 In office for philanthropic 9 institutions, again, this is something that's 10 permitted in the RM-1.5. It was not permitted in 11 the original zoning. There is some concern that, 12 perhaps, the use of the Mapleton House -- the 13 continuing use of the Mapleton House, as the 14 offices for the sisters, which is a use that 15 we're proposing to continue, might fall under 16 this definition of an office for a philanthropic 17 institution as opposed to an accessory religious 18 use. So, just so we have no questions about it, 19 we added that back into the amended zoning as a 20 principally permitted use. 21 Again, at the request of the 22 Environmental Officer, we added universities and 23 colleges and dormitories back to permitted uses 24 subject to special permits, even though we are 25 not proposing any university or college use or

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1 any dormitory use. It is a use that's permitted

2 in the RM-1.5 now and so we added it back to the

3 amended zoning.

4 And then, these re the uses that are in

5 the RM-1.5 now, currently allowed either as

6 principally permitted uses or special permit

7 uses, that both the original zoning and the

8 amended zoning do not propose to permit. So,

9 schools, libraries, museums, daycare, recreation

10 facilities and stand-alone parking lots or

11 garages, really focusing this district on

12 residential uses only.

13 And so, as a result of these changes to

14 the zoning and to the site plan, what we were

15 able to do is really reduce the overall

16 development intensity of the site. So, the

17 height is reduced down to six stories, 85 feet.

18 The number of dwelling units is reduced down to

19 308 and that includes the townhouses, the

20 independent living units and the workforce

21 housing units. The assisted living is basically

22 the same. We removed the academic housing from

23 the program and what happens is, this independent

24 senior living and the assisted living is a very

25 low intensity use. So, the number of residents,

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1 the number of parking spaces, the number of

2 traffic trips are down 30-40% from the originally

3 proposed project and from that 467 multi-family

4 unit "as of right development" under the RM-1.5.

5 So, these are pretty significant reductions and

6 we're able to do that by still keeping the

7 impervious coverage down below half, so, at 49%,

8 down significantly from what the as of right

9 would allow. So, we think we've done a pretty

10 good job on that.

11 Again, this is the overall site plan.

12 We have a lot more information we're happy to

13 share with you if you would like. But I want to

14 stop here and turn it back to your Board for any

15 questions that you might have.

16 CHAIRMAN JOHN IORIS: Thank you Mr.

17 Feroe. Okay. What I would like to do now is

18 take this around the Board table, electronically,

19 and collect the comments from all of the Board

20 members to see how they feel about this. I’m

21 going to start -- again, I'm looking at the

22 screen here. We'll start with Lynn Oliva and

23 Lynn, do you have any comments that you'd like to

24 put on the record here?

25 BOARD MEMBER LYNN OLIVA: Yes, I do. I

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1 don't know if you want me to go first. But -- 2 CHAIRMAN JOHN IORIS: Go ahead. 3 BOARD MEMBER LYNN OLIVA: All right, 4 I'll go. I've got a number of comments. First, 5 I just wanted to preface this by saying that I 6 missed the last meeting of the Planning Board and 7 I actually missed the one before that when some 8 of this was reviewed. So, I’m not going to go 9 back and reinvent the wheel. The fact that I'm, 10 sort of, only limiting myself to a couple of 11 things and they end up -- one is sustainable 12 development. The second one has to do with a 13 clarification, again, of the accessory use, that 14 whole idea of the philanthropic office. And 15 then, the third and the most important, which 16 I'll talk last is the thing that from the very 17 beginning, when we first started talking about 18 this in 2017, is my concern is first and foremost 19 is impact on the (indiscernible) neighborhood. 20 And as the presentation was being given, I had a 21 couple of things based on the zone that I had a 22 question about. But as I continued to hear, 23 (indiscernible) shifting (indiscernible). 24 In my opinion, the brunt of this 25 development in terms of appearance, bulk, height

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1 is the residential neighborhood of Ross Street. 2 But the first one may be the easiest one, which 3 Planning Board members have heard me talk about 4 with other developments is that this is a brand 5 new zone for what's going to be a spanking, brand 6 new, spanking development and I think there 7 should be a separate provision in here that 8 requires that the rooftops of all buildings 9 require solar panels or green roofs. Some of you 10 may know that the City of New York, in November 11 of 2019 required that for all new development in 12 New York City. It just seems to me we should be 13 having a sustainable skyline and the idea of all 14 the issues with regard to energy, as well as just 15 being a green community, something that the Mayor 16 has taken a lead in and I think that since we're 17 doing a very specific zone here, for a very, very 18 specific development, that we should require that 19 green roofs and/or solar panels be required. So, 20 that's one and maybe the easier one just to get 21 out there. 22 The second one has to do with the 23 accessory use. I’m confused, so maybe you could 24 go through that again. Because when I read 25 through the zoning ordinance initially and it

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1 talked about accessory uses, the owning of 2 household pets and then had philanthropic offices 3 and they seem very different to me. So, a 4 philanthropic office -- it's one thing to be in 5 Mapleton House, it's different to be the 6 headquarters of March of Dimes. So, could you 7 just, kind of, explain to me -- which is a 8 commercial use, even though it's philanthropic, I 9 mean, in terms of intensity. So, could you just 10 go through that for me again? I did not get what 11 you were trying to say. 12 PETER FEROE: So, you're actually 13 right, there were a number of accessory uses that 14 were added back into this Amended Petition at the 15 request of the Environmental Officer and I didn't 16 run through those, I apologize. But those are 17 exactly what you had said, keeping the household 18 pets and all those things. Those are the ones 19 that are currently permitted in the RM-1.5 and 20 the thought was, we should keep those back in for 21 these residential-type uses, so that's one set. 22 Then the other set has to do with the office of a 23 philanthropic institution. This -- the whole 24 point of adding that back in -- and this was at 25 the request, again, of the Environmental Officer,

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1 was to permit the continued use of Mapleton for

2 the sisters for their counseling and for their

3 offices. There is no other use that my client is

4 proposing for this site. I agree, it can be

5 somewhat open-ended.

6 BOARD MEMBER LYNN OLIVA: I mean, can't

7 you add some wording in there that says, an

8 existing philanthropic use can continue or limit

9 it to -- make it a special permit or limit it to

10 X%? Because again, as we've talked about, we see

11 this with so many developments and particularly

12 in the world we live in today, we don't know that

13 this development will be what eventually gets

14 developed here. So again, we have to, kind of,

15 look at the zoning ordinance as if -- not in

16 terms of what you want to do, but what somebody

17 else could do. And as I said, I think that -- I

18 don't have a problem with the offices --

19 philanthropic offices at all remaining in

20 Mapleton or even in another location on the

21 property, but I think maybe some sort of a

22 limitation.

23 WILLIAM NULL: Lynn, we could look at

24 how we can qualify that either by limiting it in

25 square footage overall or some other way. We're

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1 certainly not looking for it to be a dominant use

2 on the site. But it is possible, to some extent,

3 that the connector between the western section of

4 the convent and the workforce housing could have

5 a use that would be philanthropic and potentially

6 connected to the sisters as well. So, we're fine

7 working with professionals at the city to see how

8 to address that comment.

9 BOARD MEMBER LYNN OLIVA: Good.

10 WILLIAM NULL: With regard to the solar

11 -- I think it's an important issue to encourage,

12 but for instance, the rooftops of the convent is

13 this tiled roof that would not look right.

14 BOARD MEMBER LYNN OLIVA: It would be

15 new buildings Bill, like New York City. New York

16 City's is new buildings. I agree with you --

17 WILLIAM NULL: Some of the townhouses

18 may be difficult to do that with, but we're

19 certainly willing to look at it with regard to

20 the workforce housing building and the

21 independent -- the senior living building that

22 has the independent living units and the assisted

23 living in it.

24 BOARD MEMBER LYNN OLIVA: Okay.

25 COMMISSIONER CHRISTOPHER GOMEZ: And if

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1 I could just chime into that, Lynn, and to Bill's

2 point. If you recall, on North Street some of

3 the development we saw with the overlay, the plan

4 residential development overlay, does have some

5 provisions that we adopted that require -- not

6 necessarily require, they do encourage and they

7 have some detail regarding sustainability

8 measures, so that's certainly something we can

9 look into. And the question is, to what level

10 and what metric we use in terms of encouragement

11 as the City is looking at other ordinances like

12 solar readiness, etc.

13 BOARD MEMBER LYNN OLIVA: Right. Thank

14 you. And I think the time is right now. Thank

15 you and the applicant.

16 And so, last but not least, the big

17 nut, which is the impact on Ross Street. As I

18 say, way back when and they were the three

19 amigos, the two Johns and myself at the time,

20 were very concerned about that and even I think

21 John, the fourth John at the time, the third John

22 at the time, John wasn't Chairman then, but was

23 on the Board, about the impact on Ross Street.

24 Again, one of the things about being on a

25 Planning Board is that you find new neighborhoods

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1 that you never knew existed when you have a

2 development proposal. And when this development

3 proposal came before us, I drove around and what

4 a neat, little neighborhood that is. Sort of

5 nestled there between the behemoth tall buildings

6 of Stewart Place and then 287. It's a really

7 very nice, cohesive, well kept up neighborhood of

8 low and moderate-income homes there.

9 I thought that in one of your earlier

10 proposals when you came back, you had a proposal

11 where it was going to step it back where those

12 buildings closest to Ross Street, that

13 neighborhood there, it was going to be lower and

14 then it would be higher as you went further west.

15 Now, it seems to me that you've done the reverse.

16 I know that the highest, the 85 feet, are, sort

17 of, way in the back, but that cross to Ross

18 Street now has got buildings that are going to be

19 60 feet, on top of what is a very tall area to

20 begin with. So, you're talking about maybe 100

21 feet in terms of what, I think -- you can correct

22 me if I'm wrong -- that's going to be looming

23 over their neighborhood. And I'd like to see

24 that left, but more importantly, I'd like to see

25 more of a real stringent setback.

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1 If, in fact, North Broadway is having

2 setbacks of 700 feet from this and 35 feet from

3 this, 100 feet from this and a lot of that is to

4 keep the green space in the front, which I know

5 is part of the Comprehensive Plan, but also

6 because there's been a lot of comments made by

7 the people on Stewart Place, but it just seems to

8 me that there should be something equally

9 permanent, as well as something that's equally

10 for those neighborhoods along Ross Street. When

11 I looked at the zoning ordinance, it didn't -- it

12 seemed like it was making some sort of -- talking

13 about, you know, setbacks from buildings that are

14 next to streets or next to -- it said something

15 here in Section 510.6.5, the side yard shall

16 measure at least 20 feet. And it could go back

17 more, depending on the height, but the way I read

18 it, that the height -- the building had to be --

19 there had to be an adjacent building and instead

20 there's an adjacent street to Ross Street.

21 PETER FEROE: Okay. That wasn't the

22 intention. So, the intention of that section is,

23 let's take the existing side yard setback in the

24 RM-1.5, which is 10 feet, right? So, it's,

25 double it to 20 feet.

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1 BOARD MEMBER LYNN OLIVA: Okay.

2 PETER FEROE: Then, for every building

3 on site that is constructed that is taller than

4 the existing zoning would permit, which is 35

5 feet --

6 BOARD MEMBER LYNN OLIVA: 35.

7 PETER FEROE: For every two feet that

8 that building is over 35 feet that building has

9 to be set back another foot. So, a 45-foot

10 building would be 20 --

11 BOARD MEMBER LYNN OLIVA: I just -- the

12 way I'm -- if I'm interpreting it wrong -- I

13 still think it should be more generous, frankly.

14 PETER FEROE: That -- I understand.

15 Let me try and explain it.

16 BOARD MEMBER LYNN OLIVA: And I also

17 don't know whether that has to be a permanent

18 green buffer, that you can't put a garbage

19 facility -- for garbage cans and things like

20 that.

21 PETER FEROE: Like loading and things

22 like that.

23 BOARD MEMBER LYNN OLIVA: Permanent and

24 buffered and with a good amount of screening and

25 such. So, it's not that I don't -- it just seems

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1 that that area is taking the brunt of a lot of

2 this development. And if I misunderstood the

3 comment -- because what you're proposing here --

4 because I like that idea, in general. But I

5 thought it was -- I must have read it maybe too

6 quickly. I thought that if the buildings were

7 adjoining another -- like other buildings, but in

8 fact, there's a street in between it.

9 PETER FEROE: Right. No, it has

10 nothing to do with off site buildings. That was

11 a comment that the Environmental Officer and the

12 planning staff had made on the original zoning

13 that we did tie some of the setbacks to adjacent

14 buildings and things like that and they were

15 like, "That doesn't make any sense, tie it to

16 your site." So, we're tying it to our site and

17 saying, "Okay. Set back 20 feet if you're

18 higher. If you're building a building higher

19 than 35 feet, set back even more." And that's

20 what we're doing.

21 BOARD MEMBER LYNN OLIVA: So, if this

22 is taller than 60 feet, it would be more than the

23 20 feet.

24 PETER FEROE: Correct.

25 WILLIAM NULL: Do you want to show it

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1 on the Plan?

2 PETER FEROE: Yeah, it's about 30 -- so

3 what it'll end up being is about 35 feet.

4 BOARD MEMBER LYNN OLIVA: Okay. And --

5 okay, well, then I think it should be as deep as

6 -- I think that's a little slim. You know, it

7 would be nicer if it could be more of the height

8 of the building given the fact that it's going to

9 be a very tall -- based on top of the slope that

10 it's going to be sitting on -- that's my feeling

11 about that because I think it is going to loom

12 over that particular neighborhood.

13 And can I just ask one last question?

14 In terms of access to Ross Street, you're not

15 going to be adding that, but the zoning ordinance

16 doesn't say anything about no access to local

17 streets.

18 WILLIAM NULL: Right. You will have

19 site plan application before you. It's not

20 common to see in any zoning ordinance that I've

21 viewed, a restriction on street access on which

22 property fronts, but we are not proposing

23 anything different than what we set and we'll

24 have a site plan application consistent with

25 that.

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1 BOARD MEMBER LYNN OLIVA: So, how do we

2 handle that when there's a new applicant here and

3 you're not there anymore, Bill?

4 WILLIAM NULL: You'd have the same

5 issue of traffic and impacts on Stewart and Ross

6 that led us to restrict how we're going to have

7 it as a site plan discretionary decision on where

8 you would allow vehicular access. I don't

9 recall, in viewing any number of different zoning

10 ordinances over my career, seeing a prohibition

11 on access to a street on which property fronts.

12 BOARD MEMBER LYNN OLIVA: This is a

13 special zone. That's the only reason I ranted.

14 You're absolutely right, Bill. But this is a

15 special, super-duper zone for a super-duper

16 development that's going to be happening here

17 with lots of benefits to the city, but certainly

18 also to the applicant. So, in terms of asking

19 for some things that might be a little bit more

20 restrictive since this is a, sort of a

21 (indiscernible) zone --

22 WILLIAM NULL: We're fine -- I'm fine

23 talking to the professional staff further about

24 that. It's just a very unusual thing. Our site

25 plan would be how you control it and that would

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1 be within the jurisdiction of the Common Council.

2 But it doesn't mean we can't talk about it

3 further.

4 BOARD MEMBER LYNN OLIVA: Okay. I

5 think that's it. Thank you.

6 CHAIRMAN JOHN IORIS: Okay. I am going

7 to take this next to Leonard.

8 BOARD MEMBER LEONARD GRUENFELD: Okay.

9 I guess I had a couple -- I have several

10 questions and I’ll start, I guess, on the easier

11 questions first. I still like the idea of having

12 the student housing in the development. So, I

13 don't know what the rationale was to remove it or

14 whatnot, but I guess that's just a -- I guess

15 that's just the point that I'm still making that

16 I'd like to see that if there's any way to bring

17 that back and to bring that in. Because I think

18 that, you know, helps in terms of the law school

19 and its own vitality and survival and have

20 additional on-site housing versus housing that

21 students have to find outside, which can be quite

22 costly.

23 I guess the next thing, can you define

24 what you mean by "workforce housing"? Is it --

25 is there an age restriction there? Is it income

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1 restricted? Is it family? Is it senior aid? I

2 don't know exactly what is meant by that.

3 PETER FEROE: It is not any of those

4 things. So, it is a -- I'm using it not as a

5 term of art, but simply as a descriptor in that

6 we believe it to be more geared towards the

7 workforce in that the units will be smaller, very

8 small. There will not be very many two-bedroom.

9 I think there's, like, one or two two-bedroom

10 units, something like that, maybe three,

11 whatever. But almost all of them, 87%, are

12 studios and ones and those units, also, are going

13 to be very small. So really, it's housing that's

14 built for more of a lower income workforce. But

15 no, we're not proposing to restrict it in any

16 other way, shape or form.

17 BOARD MEMBER LEONARD GRUENFELD: So,

18 it's not income restricted either?

19 PETER FEROE: No. No. But, obviously,

20 the whole -- that building, obviously and the

21 project will be subject to the city's existing

22 affordable housing requirements.

23 BOARD MEMBER LEONARD GRUENFELD: And is

24 there a thought that the affordable housing would

25 be on-site or is there more of a thought to buy

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1 it out, so to speak, under the Code?

2 PETER FEROE: I think that's something

3 that we're still working through. But we will

4 obviously present a plan. But yeah.

5 BOARD MEMBER LEONARD GRUENFELD: Okay.

6 And then, I guess, the existing buildings -- so,

7 one of them is attached -- actually, going back

8 to townhouses -- so, it's the workforce housing

9 and then the townhomes. Those are separate from

10 the workforce housing? Those are --

11 PETER FEROE: Yup, they're attached

12 single-family dwellings.

13 BOARD MEMBER LEONARD GRUENFELD: And

14 they're -- and they're also not age restricted?

15 PETER FEROE: Correct.

16 BOARD MEMBER LEONARD GRUENFELD: Okay.

17 And the existing buildings, so I understand

18 Mapleton House will be used as, basically,

19 offices. The existing piece that's connected to

20 the -- I guess it's the workforce housing, that's

21 going to be part of the -- converted into

22 housing?

23 PETER FEROE: So, the western wing of

24 the convent, that wing that faces North Broadway

25 is proposed to be retained. The rest of the

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1 convent is proposed to be removed and behind the

2 convent is where the workforce housing would be -

3 - the workforce housing building would be

4 constructed and there would necessarily have to

5 be some connection between that workforce housing

6 building and the western wing of the convent,

7 both structurally and architecturally. And so,

8 that's where that connector piece is proposed to

9 be.

10 BOARD MEMBER LEONARD GRUENFELD: And

11 the use of the old convent building then is

12 housing or is it --

13 PETER FEROE: No, it's not housing.

14 It's -- that building's just not fit for housing.

15 So no, it would be -- it's proposed to be

16 something like a lobby, a concierge for the

17 workforce housing, maybe a small little kitchen

18 for that connector space. Think of it like a

19 clubhouse, townhouse, clubhouse-type thing.

20 Something like that is the proposed use for the

21 western wing of the convent.

22 BOARD MEMBER LEONARD GRUENFELD: Okay.

23 And then I guess getting into a more complicated

24 item, I’m still not convinced that a zoning

25 change is really necessary. If you look at what

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1 you're proposing and you look at the existing 2 under zoning, it's actually not -- I mean, yes, 3 it's what you're proposing is less dense, but 4 it's not all that much different. It actually 5 might -- it's actually, in respect to height, 6 it's less height and you could argue that the 7 front to North Broadway, the open space there 8 isn't really continuous open space. It's only 9 the part that's open is the part that fronts 10 between the fence, the wrought iron fence, and 11 the end of North Broadway. That strip is, sort 12 of, the open space that goes up a little bit up 13 North Broadway, but the rest of the lawn area 14 doesn't really -- there's a co-op building that 15 goes, pretty much, up to that wrought iron fence, 16 right up, adjacent and the law school buildings 17 go up pretty -- the library, the dorm building go 18 up pretty far up towards that fence as well. So, 19 I don't know. Maybe it's worth looking at 20 bringing the project a bit more forward and 21 possibly alleviating some of the need in the rear 22 that the Ross neighborhood, Ross Street 23 neighborhood is so concerned about. Or maybe 24 even switching things around in the site possibly 25 or -- I’m not sure, really -- I guess I'm not

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1 convinced of, basically, the whole idea of the

2 zone change, I’m not convinced of the whole

3 layout of the site currently.

4 PETER FEROE: The guiding principle,

5 right, is that under the current zoning, you

6 could have buildings 25 feet from the property

7 line, three-story buildings. And as we, kind of,

8 showed in the EIS, we had photo simulations of

9 that. We know what that will look like, right?

10 We know what that will look like because that

11 exists to the south and to the north of the site.

12 And really, you would lose any sense of this site

13 as being any sort of campus or open space and

14 that would be lost. And so, I think you're right

15 in terms of the density. Maybe it's pretty

16 close, it's even maybe a little less than the RM-

17 1.5.

18 But really, what we're proposing is a

19 little bit of restriction -- easing of a

20 restriction, relaxing of the height requirement

21 in certain portions of the site to preserve, kind

22 of, that one key element that was mentioned or

23 one of the key elements that was mentioned in the

24 Comprehensive Plan. So, it's not just the open

25 space itself, but it's the view from North

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1 Broadway into the site. So, currently, that view 2 -- you know, what you can see is the Mapleton 3 House, the western wing of the convent and the 4 chapel. And that's what you can see on the site. 5 And our proposed zoning and our proposed site 6 plan maintain that view. So, it's not just the 7 open space itself, it's really the view into the 8 site, the view of the site that is being 9 preserved and that's what would be lost if there 10 was development under the existing zoning. By 11 necessity, you would have to build in front of 12 those structures and that view would be gone. 13 WILLIAM NULL: You would also have 14 considerably more coverage and impervious 15 surface. You'd have at-grade parking and what 16 we're doing is using topography of the site to 17 have the taller buildings at the rear where they 18 overlook 287 and to have more open space along 19 North Broadway as Peter was saying, so that you 20 preserve a 2.3+ acre park area, not counting the 21 area in front of that wrought iron fence. You 22 preserve that whole, great lawn and you actually 23 make it available and open to the public, which 24 is not something that would happen under the RM- 25 1.5 district zoning. You'd need to use all of

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1 that. You'd thereby block public view of the 2 convent and of the chapel and of Mapleton by 3 having buildings in front of those buildings. 4 So, I guess it's just a question of one opinion 5 versus another. We think that's the better use 6 of the site and a more appealing use than having 7 three story plus buildings under the RM-1.5. You 8 can't really see the tall buildings from this 9 when you look at the (indiscernible). 10 PETER FEROE: And so, I just shared 11 another slide -- which, I've got a gazillion of 12 these and I was trying to spare you guys, but 13 this is one of the ones that we showed at the 14 last presentation and on the top, we see the 15 existing panoramic view from North Broadway 16 looking into the site. Obviously, this is a view 17 that no-one could -- that you can't see from left 18 to right this far without turning your head, but 19 if you did, this is what you'd see on the top. 20 And on the bottom is the proposed view with our 21 project and so, what you see is that Mapleton, 22 the convent, the chapel, continue to dominate the 23 view. You can see a little bit of the townhouses 24 to the left under those tall evergreens that line 25 the LA up to the convent. And then on the right,

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1 you can see some of the two-story townhouses in

2 front of those 6, 8, 10-story multi-family

3 buildings off site. But the view of the site is

4 something that is preserved and really, that is

5 something that we think -- well, we know you

6 can't get with the existing zoning. And that's

7 really what we're trying to preserve.

8 BOARD MEMBER LEONARD GRUENFELD: Okay.

9 I mean, those are all valid points. I have to

10 just give it some more thought. But I think -- I

11 guess another question would be, what about if we

12 -- if you move the assisted living up to -- I

13 mean, I don't have a real way of showing, but up

14 to the side or the south, bringing it more

15 forward, towards North Broadway and maybe being a

16 lower density townhouse type of development back

17 up to Ross Street so that there's a little more

18 separation between the higher, more dense

19 development and the -- and bringing the assisted

20 living up, which would back up to a -- I guess

21 it's an 8-story co-op building and also Stewart

22 Place, which is about what, 12-stories or

23 something like that.

24 PETER FEROE: Well, actually, the

25 building is directly south of the site on Stewart

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1 Place. There is a multi-family building that's

2 12 stories that's perpendicular to the site. And

3 then there are some lower scale, 2, 3-story

4 buildings right on Stewart Place and on Ross

5 Street adjacent to the site and they are right

6 next to the 12-story building that's existing,

7 the 11-story building that's existing. So

8 really, the proposal to put what is a 5-story

9 assisted living building there, while taller than

10 35 feet and what's permitted in the RM-1.5, is

11 not significantly taller than what is in that

12 neighborhood already.

13 CHAIRMAN JOHN IORIS: Let me just make

14 a comment here and correct me if I'm wrong,

15 (indiscernible) this -- perhaps they would be

16 better served in the site plan if and when we get

17 to that point. Does anybody else feel the same

18 way about that?

19 BOARD MEMBER LEONARD GRUENFELD: Okay.

20 BOARD MEMBER LYNN OLIVA: It just seems

21 to me, John, since this is -- my only reason for

22 raising it and for maybe Leonard's also, is that

23 we're looking at the specifics of the zone, a

24 brand new zone and for the zone, while you're

25 right that a site plan can make a difference,

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1 because as I said a million times, this might not

2 even be the site plan we end up seeing, there

3 could be many site plans after this. It happens.

4 But the zone is trying to include some things

5 there that are protective of certain of the

6 things that have been described and my concern is

7 that that area that is near the residential area

8 needs protection in the zone (indiscernible).

9 CHAIRMAN JOHN IORIS: That point is

10 well taken. It just -- at this point, I don't

11 think we should be talking about redesigning the

12 project.

13 BOARD MEMBER LYNN OLIVA: Oh, I see.

14 CHAIRMAN JOHN IORIS: We haven't got to

15 that point yet. But, the protection

16 notwithstanding, if they should be there, they

17 should be there. Katie, we seem to have lost

18 Sarina. I just got an email that says, "Lost

19 Internet." I don't know what that means. So,

20 can we see if we can -- okay, I just --

21 STAFF MEMBER KATIE CRAWFORD: Yeah, I

22 just bumped her back up to being a panelist. So,

23 everything should be good as long as she

24 activates her video.

25 BOARD MEMBER SARINA RUSSELL: As long

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1 as I do what?

2 CHAIRMAN JOHN IORIS: Activate your

3 video.

4 BOARD MEMBER SARINA RUSSELL: I should

5 be. I didn't deactivate it. So, okay.

6 CHAIRMAN JOHN IORIS: Anyway, we have

7 you back.

8 BOARD MEMBER SARINA RUSSELL: Thank

9 you. Yeah. All right, I'm back.

10 CHAIRMAN JOHN IORIS: Okay. Okay

11 Leonard, does that conclude your comments?

12 BOARD MEMBER LEONARD GRUENFELD: Yes,

13 that's pretty much my comments.

14 CHAIRMAN JOHN IORIS: All right. I'm

15 going to ask Anna to speak if she has anything

16 she wishes to add to this discussion.

17 BOARD MEMBER ANNA CABRERA: Sure. It

18 helped not to go first because they knocked out

19 three or four of my questions, so that was great.

20 I do think it's important to ask these things. I

21 understand about the redesigning and maybe that

22 should wait for a site plan. But I think every

23 time we explore this, it just makes it easier for

24 all of us to understand the overall project and

25 concept. The maximum height of the houses on

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1 Ross Street, those are what, 1 to 2-family

2 mostly?

3 PETER FEROE: Existing?

4 BOARD MEMBER ANNA CABRERA: Anybody

5 that wants to answer. That could be Chris or

6 anyone.

7 PETER FEROE: The existing housing?

8 BOARD MEMBER ANNA CABRERA: Yeah.

9 Right now. I think it's 1 to 2?

10 PETER FEROE: No, there are --

11 CHAIRMAN JOHN IORIS: There are some

12 commercial buildings there as well.

13 WILLIAM NULL: There's some rental --

14 larger rental housing buildings.

15 BOARD MEMBER ANNA CABRERA: I know on

16 Stewart Place there's the one that's, like, 12

17 stories. That I know.

18 PETER FEROE: Well, that's Stewart and

19 Ross. I mean, it's on both streets.

20 WILLIAM NULL: Abutting this property,

21 there's a rental apartment building.

22 PETER FEROE: Twelve stories.

23 BOARD MEMBER ANNA CABRERA: Twelve

24 stories, okay.

25 COMMISSIONER CHRISTOPHER GOMEZ: But

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1 Anna, if I could chime in. Yes, there are some,

2 you know, two-story houses as you go further down

3 Ross, depending on where you are.

4 BOARD MEMBER ANNA CABRERA: Yes, but

5 they already -- they are -- okay, gotcha.

6 COMMISSIONER CHRISTOPHER GOMEZ: Yeah.

7 BOARD MEMBER ANNA CABRERA: And then,

8 the first law school building that's right up

9 against Broadway, how high is that building?

10 WILLIAM NULL: I think it's six

11 stories.

12 PETER FEROE: It's something like that,

13 yeah.

14 WILLIAM NULL: There's six large, like,

15 tall stories. It's a library building, not your

16 typical --

17 BOARD MEMBER ANNA CABRERA: That's the

18 one I'm talking about, not the first one.

19 WILLIAM NULL: Not your typical 10-foot

20 floor to ceiling.

21 BOARD MEMBER ANNA CABRERA: No, no.

22 Okay. The only space that you're proposing in

23 the middle, is that private for the residents

24 only?

25 PETER FEROE: Behind the convent? To

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1 the east of the convent?

2 BOARD MEMBER ANNA CABRERA: Yes.

3 PETER FEROE: Correct. Yes.

4 BOARD MEMBER ANNA CABRERA: Okay. So,

5 again, we're not talking about design, maybe, at

6 this point. But I'm as concerned as Lynn was

7 about the neighbors on Ross and maybe it's just

8 something that you can consider. Maybe reducing

9 some of that open space to the residents in the

10 middle in order to maybe create a larger setback

11 along the side on Ross. Just as a possibility.

12 Something to have a bigger buffer between the

13 backs of the townhouses and the residences along

14 Ross.

15 Church parking. I don't remember

16 seeing that. Where would people park now when

17 they go to the chapel?

18 PETER FEROE: So -- sorry.

19 BOARD MEMBER LYNN OLIVA: The chapel, I

20 think they have one service. Look in front of it

21 on the little road.

22 PETER FEROE: Yeah, there's proposed to

23 be parking -- I don't know if you can see the

24 screen that I shared again, but there's proposed

25 to be some parking at grade here in front of the

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1 retained portion of the convent. So, this would

2 be for those uses as well.

3 BOARD MEMBER ANNA CABRERA: It's pretty

4 much what they have now for Sundays. Okay. So,

5 church parking. So, I don't know who wants to

6 answer this question. I don’t know if it's

7 Chris, but why are you insisting on the as of

8 right category? You want to add assisted living

9 as of right when, right now, it's other housing

10 deemed appropriate. Why shouldn't it stay that

11 way and then treat each one on a case by case

12 basis? Why are you adding it as of right? Just

13 for this particular project you're looking to do

14 that?

15 WILLIAM NULL: The senior housing is

16 something that's very low impact use and we

17 thought, by proposing it and identifying where

18 we'd locate it, that it would give context to the

19 actual effect of this change from what we last

20 were proposing, by identifying the assisted

21 living, which obviously has the only parking and

22 traffic demands are the servicing of it by staff

23 or deliveries. Independent living, most of the

24 people that would be living in a senior facility,

25 I think the average age is in the 80s, there are

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1 very few that actually drive still. Some, but

2 very few. So, by having those two uses, instead

3 of the more generic whatever is appropriate use,

4 we identified what we're actually intending and

5 what we're designing for. And that was the

6 reason.

7 BOARD MEMBER ANNA CABRERA: Hmm. And

8 then I guess the only other -- my main concern is

9 that this is a very unique property in terms of

10 how everything slopes to the rear. So, these

11 proposed setback changes -- you want, like, 85-

12 foot height of the buildings in the rear. I know

13 you talked about a five-story building, okay, but

14 it says 85 feet. If this is amended, if the

15 zoning is amended to reflect these changes, is

16 this specific to only this property or will this

17 apply to any RM-1 lots out there that could fall

18 under this.

19 COMMISSIONER CHRISTOPHER GOMEZ: So,

20 let me take that just with respect to the City

21 Zoning Ordinance. I don't know if that was Bill

22 that was chiming in, but, no, Anna, this would be

23 as proposed in the petition if adopted would only

24 apply to this new residential district. So, it

25 would no way be tied to any of the existing

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1 multi-family zoning districts in the city.

2 LEGAL COUNSEL ARTHUR GUTEKUNST: If

3 it's rezoned, it will not be an RM-1 parcel.

4 COMMISSIONER CHRISTOPHER GOMEZ:

5 Exactly. It would be --

6 LEGAL COUNSEL ARTHUR GUTEKUNST: Or 1.5

7 parcel.

8 COMMISSIONER CHRISTOPHER GOMEZ:

9 Exactly. Yes.

10 BOARD MEMBER ANNA CABRERA: Okay. So,

11 no one else can, I guess, ask -- seek for these

12 specs to apply if this is specifically for this

13 lot.

14 LEGAL COUNSEL ARTHUR GUTEKUNST:

15 Someone else could ask to be rezoned to this

16 zoning district, in which case the setbacks would

17 apply in that particular case.

18 BOARD MEMBER ANNA CABRERA: But that's

19 where I'm concerned because this property,

20 basically Peter was saying he was looking to

21 relax the height requirement on certain portions

22 of this property using this site's topography.

23 So, what you're asking for has less impact

24 because the property slopes down to the back.

25 But if this now becomes this new zoning district

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1 and someone with a flat property seeks to use it,

2 wouldn't that have a greater impact overall?

3 WILLIAM NULL: So, the step backs are

4 based on distance from a street and you would

5 need to have as deep a property as we have here.

6 Peter, what is it, 700 feet, 800 feet before you

7 get --

8 PETER FEROE: Yeah, 700 feet until you

9 get to the step back to 85 feet in building

10 height.

11 WILIAM NULL: But you'd need a very,

12 very deep lot to apply this to in order to get to

13 that height and we think that, while you're

14 correct, that it could arguably be applied to

15 another site, it would have to be another site

16 that had 700 feet distance and frontage before

17 you had another --

18 BOARD MEMBER ANNA CABRERA: I got you.

19 WILLIAM NULL: -- footage to be able to

20 accommodate a building of that height. So, we --

21 the reason we put the step backs in was to ensure

22 that the height that we're asking for is limited

23 to the areas that we're identifying where the

24 topography drops on this site.

25 BOARD MEMBER ANNA CABRERA: Okay.

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1 Okay.

2 CHAIRMAN JOHN IORIS: Okay?

3 BOARD MEMBER ANNA CABRERA: Yup.

4 CHAIRMAN JOHN IORIS: All right. Thank

5 you. Sarina, would you be up, please?

6 BOARD MEMBER SARINA RUSSELL: Yup. So,

7 I have a question on the access at Ross Street

8 for emergency vehicles and I know you mentioned

9 fire. What about ambulances? Because if you

10 have a senior facility there, I'm assuming that

11 there'll be more of those kinds of emergencies.

12 It does happen.

13 PETER FEROE: Yeah, no. It does and

14 the answer to that is no. Ambulances, on a

15 routine basis, would not use that entrance. It

16 would only be for an emergency where access to

17 that part of the building is necessary. There

18 would actually be no front door there on Ross

19 Street. There's no connection from that

20 emergency access right to the driveway. It just

21 -- it's literally just for that side and corner

22 of the building if fire apparatus needed to get

23 there. But otherwise, ambulances, deliveries,

24 everyone else has to use North Broadway. That

25 access is going to be gated and locked.

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1 WILLIAM NULL: And that access for fire

2 is responsive to the need for fire department to

3 have access on three sides of the building.

4 PETER FEROE: Right.

5 WILLIAM NULL: Having nothing to do

6 with doorway access at all. We designed these

7 buildings so that you've got vehicular access,

8 including underground parking, from North

9 Broadway directly into all the buildings.

10 BOARD MEMBER SARINA RUSSELL: Okay and

11 then the other question I had -- I don't know why

12 I thought about this -- you have senior, you have

13 workforce and regular townhouses. Do they tax

14 differently with this zoning? Is everyone going

15 to be taxed the same at the same tax rate? I

16 mean, what happens with that, for the property

17 taxes?

18 LEGAL COUNSEL ARTHUR GUTEKUNST: You

19 might say it's irrelevant. We'd have to try to

20 figure out if it's one parcel or two. You'd tax

21 it -- based -- if it's not subdivided, then we'd

22 just have to come to an overall assessment.

23 BOARD MEMBER SARINA RUSSELL: Okay.

24 Does that make a difference then in what -- on

25 how many townhouses are --

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1 LEGAL COUNSEL ARTHUR GUTEKUNST: Zoning

2 is deemed to be irrelevant to real property

3 taxation.

4 BOARD MEMBER SARINA RUSSELL: Okay.

5 All right. Just thought I'd ask.

6 CHAIRMAN JOHN IORIS: Okay. Sarina,

7 did that conclude your questions?

8 BOARD MEMBER SARINA RUSSELL: Mm hmm.

9 Yup.

10 CHAIRMAN JOHN IORIS: Okay. And the

11 next member of the Board is Rich Payne. Rich, I

12 can't hear you.

13 BOARD MEMBER RICHARD PAYNE: Here we

14 go. This might have been answered when you guys

15 appeared previously. Is the gas moratorium over?

16 PETER FEROE: Not to my knowledge. No.

17 BOARD MEMBER RICHARD PAYNE: So, the

18 new construction, how is that -- how do you plan

19 on managing the -- running new gas lines to the

20 property?

21 PETER FEROE: So, actually we had an

22 application in to ConEd prior to the moratorium

23 and received correspondence from them providing

24 assurances that they would be gas service, so

25 actually we believe we're okay in that regard.

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1 BOARD MEMBER RICHARD PAYNE: Okay and

2 staffing for the assisted living, do you guys

3 have any rough numbers as far as how many staff

4 would be on site at the assisted living for the

5 number of units you'll have for assisted living?

6 PETER FEROE: I don't have that number

7 right in front of me, but that is a very good

8 question. That will definitely be something that

9 will be in the FEIS. I apologize, I just don't

10 have that number right in front of me.

11 BOARD MEMBER RICHARD PAYNE: And have

12 we had any correspondence from Pace as to what

13 their feelings on this project are, at all? Or

14 is that something that's in the record

15 previously?

16 WILLIAM NULL: I'm not aware of them

17 having any objections to the proposed use. We

18 had an inclusion of academic housing based on

19 what we understood was an interest of theirs that

20 we -- we've withdrawn that. Not prohibitive of

21 the use if it were to happen, but we're not

22 proposing it at this point. (indiscernible)

23 reasonably (indiscernible) that they're not

24 supportive.

25 BOARD MEMBER RICHARD PAYNE: And I

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1 appreciated leaving that open, as Leonard said,

2 having student housing as a possibility down the

3 road if that does become available, that would be

4 something that I’m sure we would all appreciate

5 seeing. And I spent 10 years living at 20 North

6 Broadway. It's a co-op down the street and I've

7 walked by that property with my dog many times,

8 hundreds of times, and as a cyclist who travels

9 north on North Broadway, I can tell you that that

10 intersection is a disaster waiting to happen.

11 And it's just high traffic right now and that's

12 given the low number of students that are coming

13 out of the property today. With the project the

14 way you sized it, it seems like that intersection

15 is just going to get that much worse and having

16 it be the only entrance and egress, that's a

17 concern for any pedestrian using -- by foot or by

18 bike or other transport, getting across that

19 property line, that's just two lanes out and one

20 lane in. That's a concern. Again, that's for

21 down the road.

22 Another question -- no, my other fellow

23 Board members pretty much answered all of the

24 questions that I had before. So, that's it for

25 me.

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1 CHAIRMAN JOHN IORIS: Katie, I can hear

2 the meeting, I can't see it.

3 BOARD MEMBER LEONARD GRUENFELD: Can I

4 ask one other question? It's a brief question.

5 There's an easement on the property today for

6 Pace, the access -- allowing Pace access. That

7 wouldn't change, correct?

8 WILLIAM NULL: That would not change.

9 That would continue.

10 BOARD MEMBER LEONARD GRUENFELD: Okay.

11 Thank you.

12 CHAIRMAN JOHN IORIS: Can everyone hear

13 me?

14 BOARD MEMBER SARINA RUSSELL: Yes.

15 BOARD MEMBER LYNN OLIVA: Yes.

16 WILLIAM NULL: Yes.

17 CHAIRMAN JOHN IORIS: Okay. I have one

18 question which relates earlier to a question that

19 was posed by Leonard. I don't know whether I

20 dreamt this or whether I heard this in one of the

21 previous meetings. Regarding the housing for law

22 students, was my understanding that Pace no

23 longer was requesting those units? This is a

24 question for Bill, I guess.

25 BOARD MEMBER SARINA RUSSELL: I

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1 remember him saying that. 2 WILLIAM NULL: I don't know whether 3 they were requesting them previously. I just 4 think they were welcoming of them if they were 5 provided. I don't know that we had any 6 particular ask by them and I think one of the 7 things that made it more complicated to provide 8 the academic housing were questions that had 9 arisen about where they would park and how they 10 would overall function internal to the community 11 that we're creating here. So, we eliminated it 12 at this time. We came up with another use that 13 we thought had less parking requirement, less 14 impact outside of the site and that could be 15 accommodated in what we think is a more cohesive 16 community -- residential community on the site 17 instead of multiple different types of uses that 18 have less commonality. 19 CHAIRMAN JOHN IORIS: Fair enough. 20 (indiscernible) feeling about this is, you know, 21 we started out with a very large project and this 22 seems to have worked itself down to a situation 23 where it actually looks like this project could 24 happen. Which, given a lot of things that come 25 across this Board, I wonder if they're ever going

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1 to happen, but this (indiscernible) got the

2 potential to happen, which makes me happy.

3 We've been asked to write a letter of

4 advisability to the Common Council. There have

5 been a lot of comments this evening and rather

6 than try to draft this letter now electronically,

7 providing that everybody is in agreement that we

8 should draft it, I think we should draft it after

9 the fact and circulate it to the Board members

10 for their approval. Is that something that we

11 can do, or do we have to do it now?

12 LEGAL COUNSEL ARTHUR GUTEKUNST: Chris,

13 do you think this is going to be acted on at the

14 May meeting?

15 COMMISSIONER CHRISTOPHER GOMEZ: Well,

16 no, certainly. And I imagine the applicant or

17 Bill Null can speak to that in terms of what's

18 going to be happening at the May meeting with the

19 adjournment of the public hearing. So, no,

20 there's going to be nothing acted upon at the May

21 meeting, for sure.

22 WILLIAM NULL: I think we wanted -- we

23 were hoping that we would get a report from the

24 Planning Board so that it could be clear that the

25 -- for public hearing that would be held in June

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1 would concern the Second Amended Verified

2 Petition and because of the ordinance itself

3 stating that a public hearing would be scheduled

4 after a report from the Planning Board, we were

5 hoping that there would be that comment letter

6 timely to enable that clarity on the focus of the

7 public hearing.

8 COMMISSIONER CHRISTOPHER GOMEZ: Yeah.

9 Absolutely. And yeah, I think that's two

10 different things we're talking about. One being,

11 there's not going to be formal action, obviously,

12 for any sort of approval before the Common

13 Council, but yes, you're saying before that

14 public hearing for the Second Amended Petition is

15 set for the June meeting.

16 WILLIAM NULL: It'll be a continued

17 public hearing on what we now have, but we want

18 to make it clear to everyone that it's commenting

19 on this as the preferred zoning regimen.

20 COMMISSIONER CHRISTOPHER GOMEZ: Well,

21 and I presume the Chair was saying it would

22 circulate, but I don't think this would take more

23 than a few weeks or a week at most. Right, John?

24 CHAIRMAN JOHN IORIS: I'm envisioning

25 getting it done in a couple of days. Let me just

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1 take the temperature of the Board. What are the

2 feelings of the Board writing a letter to the

3 Council that is positive in nature, but will

4 include some of the caveats that we discussed

5 this evening? I'll go to Leonard first.

6 BOARD MEMBER LEONARD GRUENFELD: Why do

7 I have to be first? I'm still -- I could go

8 either way. I see the points in terms of -- I

9 guess what I'd bring it back to is the email that

10 I sent to Eileen earlier in the week about

11 conservation developments. And I guess, in a

12 way, this is similar to that, but not exactly

13 that in its totality. So, right now I'm, sort

14 of, on a -- still, kind of, on the fence,

15 probably leaning towards being okay.

16 CHAIRMAN JOHN IORIS: Okay. For this

17 purpose, that's fine. Let's go to Sarina.

18 BOARD MEMBER SARINA RUSSELL: You know,

19 I'm pretty much fine with it. I think that, as

20 you said John, the project got scaled down a lot

21 from what we first thought. So, there's a lot of

22 questions when -- that will come up when site

23 plan gets presented, but in terms of for the

24 zoning, I think it does fit the intent for that

25 piece of property. So, I would be okay.

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1 CHAIRMAN JOHN IORIS: Okay. Rich?

2 BOARD MEMBER RICHARD PAYNE: I'm in

3 favor of presenting a letter with all of our

4 combined comments that we've all discussed

5 tonight to the Common Council.

6 CHAIRMAN JOHN IORIS: Okay. Anna?

7 BOARD MEMBER ANNA CABRERA: Yup. I'm

8 in agreement with your suggestion, John.

9 CHAIRMAN JOHN IORIS: Okay. Lynn?

10 BOARD MEMBER LYNN OLIVA: I'm in

11 agreement with what Rich and you have said. I

12 mean, I don't know that I want to write a letter

13 that says, "We think this is the most -- the

14 greatest development we've ever seen." I'd

15 rather put forth our recommendations to see if it

16 could be approved.

17 CHAIRMAN JOHN IORIS: I think that --

18 to give -- to be any use to the Council

19 whatsoever, it should say that we don't object to

20 this, but we suggest that they pay attention to a

21 list of comments that we put together.

22 BOARD MEMBER LYNN OLIVA: I think

23 that's -- I like that -- mm hmm. Yup.

24 LEGAL COUNSEL ARTHUR GUTEKUNST: I

25 heard Bill's concern earlier. Didn't you already

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1 review this for substance, I mean, for form, in

2 February?

3 BOARD MEMBER SARINA RUSSELL: Yeah.

4 LEGAL COUNSEL ARTHUR GUTEKUNST: So,

5 there's no reason why the public hearing cannot

6 go forward in June.

7 WILLIAM NULL: Okay. Thank you.

8 CHAIRMAN JOHN IORIS: So, what I

9 propose that we do, and I’m going to ask for a

10 motion to this effect, is I will get together

11 with Eileen and draft a letter that we will

12 circulate to the other members of the Board for

13 comments and try to get that done by the end of

14 this week, this business week, so we don't hold

15 us up any longer than we need to.

16 BOARD MEMBER SARINA RUSSELL: I agree.

17 BOARD MEMBER LYNN OLIVA: Yup.

18 CHAIRMAN JOHN IORIS: I need a motion

19 to that effect.

20 BOARD MEMBER SARINA RUSSELL: I'll make

21 a motion.

22 BOARD MEMBER ANNA CABRERA: Second.

23 CHAIRMAN JOHN IORIS: All in favor?

24 BOARD MEMBER SARINA RUSSELL: Aye.

25 BOARD MEMBER LYNN OLIVA: Aye.

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1 BOARD MEMBER ANNA CABRERA: Aye.

2 BOARD MEMBER LEONARD GRUENFELD: Aye.

3 BOARD MEMBER RICHARD PAYNE: Aye.

4 CHAIRMAN JOHN IORIS: Thank you

5 gentlemen.

6 WILLIAM NULL: Thank you very much for

7 your time and consideration.

8 PETER FEROE: Thank you very much. We

9 appreciate it. Stay safe everyone.

10 BOARD MEMBER SARINA RUSSELL: Bye.

11 CHAIRMAN JOHN IORIS: Okay. The next

12 item on this evening's agenda is 65 Lake Street

13 and this is for a one-year renewal to a

14 previously approved project.

15 STAFF MEMBER KATIE CRAWFORD: I'm

16 pulling Janet Giris up as a panelist and just let

17 me enable her ability to talk. All right.

18 Janet, you should be good to go.

19 JANET GIRIS: Good evening everybody.

20 Nice to see you all. I hope you're all well and

21 thank you for accommodating everybody via Zoom.

22 I've done a whole bunch of these and this is one

23 of the ones that's been done very well. So, I

24 very much appreciate that. I'm here this evening

25 on behalf of Mount Hope AME Zion Church and the

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1 Mount Hope Community Development Corporation,

2 just seeking a one-year extension of the Common

3 Council approvals for the 56 residential units

4 senior -- affordable senior housing development.

5 It was approved back in March of 2018 and the

6 applicant is currently working, not only with the

7 County of Westchester, but also with New York

8 State HFA to obtain financing for the

9 construction of the project. So, that

10 application is in. We anticipate closing on that

11 financing in the Fall and then commencing

12 construction in the fourth quarter of this year.

13 We're keeping our fingers crossed, you know,

14 obviously during this pandemic to -- and are

15 hopeful that that will still happen. But,

16 substantial completion of the project won't be

17 completed prior to the expiration of the

18 approvals, so we're seeking a one-year extension

19 from the Common Council. This a referral to you

20 for your recommendation on that extension of the

21 approvals.

22 CHAIRMAN JOHN IORIS: Janet, have there

23 been any changes to the project since we last saw

24 it?

25 JANET GIRIS: There have been none.

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1 CHAIRMAN JOHN IORIS: Okay. This seems

2 like a fairly straightforward task. Do any

3 members of the Board have any comments that they

4 would like to make on this?

5 BOARD MEMBER RICHARD PAYNE: No.

6 BOARD MEMBER ANNA CABRERA: No.

7 BOARD MEMBER LEONARD GRUENFELD: John,

8 I'm just going to recuse myself from this as I

9 mentioned in the email.

10 CHAIRMAN JOHN IORIS: Okay.

11 Understood.

12 BOARD MEMBER LYNN OLIVA: John, this is

13 the one with the apartments?

14 CHAIRMAN JOHN IORIS: Yes.

15 BOARD MEMBER SARINA RUSSELL: Yes.

16 CHAIRMAN JOHN IORIS: All right. So, I

17 need a motion that we write a letter to the

18 Common Council stating that we have no objection

19 to this extension.

20 BOARD MEMBER RICHARD PAYNE: So moved.

21 BOARD MEMBER SARINA RUSSELL: Second.

22 CHAIRMAN JOHN IORIS: All in favor?

23 BOARD MEMBER LYNN OLIVA: Aye.

24 BOARD MEMBER ANNA CABRERA: Aye.

25 BOARD MEMBER LEONARD GRUENFELD: Aye.

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1 CHAIRMAN JOHN IORIS: Thank you. Good

2 luck.

3 JANET GIRIS: Thank you very much. I

4 appreciate it. Stay well everyone.

5 BOARD MEMBER SARINA RUSSELL: You too.

6 CHAIRMAN JOHN IORIS: And the last item

7 on this evening's agenda is 392 North Street and

8 this is for the construction of a church and my

9 understanding is being built on spec.

10 STAFF MEMBER KATIE CRAWFORD: Okay.

11 I'm pulling up Diego now, Kathy, Scott and Rick.

12 Is that everyone? I have one more number that

13 called in, but it doesn't have a name, so I'm not

14 sure who that is.

15 DIEGO VILLAREALE: From my side you

16 have everybody. You have Kathy Zalantis, Scott

17 Scher and Rick Bohlander. So, I'm not sure who

18 the other one is.

19 STAFF MEMBER KATIE CRAWFORD: Okay.

20 CHAIRMAN JOHN IORIS: I see all of

21 them, I just -- I hear all of them, I just can't

22 see them.

23 DIEGO VILLAREALE: You should be able

24 to see me.

25 BOARD MEMBER SARINA RUSSELL: Happy to

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1 see you, Diego.

2 CHAIRMAN JOHN IORIS: I can see you

3 Diego.

4 RICK BOHLANDER: Can you see me? This

5 is Rick Bohlander.

6 BOARD MEMBER ANNA CABRERA: Nope.

7 BOARD MEMBER SARINA RUSSELL: No.

8 RICK BOHLANDER: Oh.

9 DIEGO VILLAREALE: Your video is off

10 Rick.

11 RICK BOHLANDER: There we go. All

12 right. Good.

13 CHAIRMAN JOHN IORIS: And Scott Scher?

14 SCOTT SCHER: I'm here.

15 CHAIRMAN JOHN IORIS: I can hear you,

16 but I can't see you.

17 SCOTT SCHER: All right. Let me get

18 the video. Sorry about that. There you go.

19 BOARD MEMBER SARINA RUSSELL: Oh, there

20 you go.

21 CHAIRMAN JOHN IORIS: Gotcha. And I

22 think we've lost Judy Mezey.

23 BOARD MEMBER SARINA RUSSELL: Yes.

24 CHAIRMAN JOHN IORIS: Unless she --

25 DEPUTY COMMISSIONER JUDITH MEZEY: I'm

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1 here. I just turned my video off for a minute,

2 but I'll be back.

3 CHAIRMAN JOHN IORIS: Okay.

4 DEPUTY COMMISSIONER JUDITY MEZEY: I'm

5 in the meeting though.

6 CHAIRMAN JOHN IORIS: Great. All

7 right. Diego, I'm going to give this to you

8 right now.

9 DIEGO VILLAREALE: Great. Thank you

10 very much for having us this evening. For the

11 record, Diego Villareale with JMC. As everybody

12 has expressed to you, just a thank you for

13 hosting the meeting tonight and getting together

14 in this fashion. Again, it's challenging for all

15 of us to continue moving projects forward. So,

16 the municipalities that are doing this is really

17 appreciated.

18 Just to introduce everybody that is

19 here from our team, Kathy Zalantis, the project

20 attorney, Rick Bohlander is from my office.

21 We've been working together on this project and

22 then Scott Scher is the applicant’s -- the

23 representative for the applicant, Let Me Build.

24 Mr. Chairman, you had mentioned what the project

25 is. The project is located at 392 North Street

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1 and we are proposing to construct a little over a

2 7,000 square foot religious use. As you had

3 indicated, there is not a user for the property

4 at this point. Let Me Build works with

5 properties like this. They develop the property

6 and then they bring in a religious institution

7 that leases the property from them. Some of the

8 benefits are, Let Me Build continues to own it

9 and operate it and maintain it, but then the

10 religious institution is able to come in and

11 utilize the facility. This allows it to stay on

12 the tax rolls and there's a number of other

13 benefits that are associated with it as well.

14 So, I'd like to get into some of the

15 site specifics. I'm going to share my screen. I

16 have the site plan and a couple of other exhibits

17 that I'd like to share with you. Can you see my

18 screen?

19 BOARD MEMBER SARINA RUSSELL: Yes.

20 DIEGO VILLAREALE: Okay. So, the first

21 thing you should see is an aerial photograph and

22 I can zoom in just a little bit more. This

23 highlights the property, 392 North Street.

24 That's the property that's highlighted in green

25 right here. The property is a little over 2

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1 acres in size, about 2.25 acres. It's just north

2 of Bryant Avenue and North Street and it's right

3 between the Hindu temple and the Lutheran church

4 that's located on the northeast corner of the

5 property. This is located in an R130,

6 residential, one-family zone and this use, the

7 religious institution, it's a permitted --

8 principal permitted use within this zone. We're

9 not seeking any variances as part of this

10 application. We're not seeking any relief

11 whatsoever. It is fully compliant with your

12 zoning ordinance.

13 The property does maintain frontage on

14 North Street and the existing property, right

15 now, is a single-family home. There's a

16 residential building on there, a large one, a

17 rather large one. It's about 5,000 square feet.

18 I'll zoom in just a bit further here. You can

19 see the residential property, the access comes in

20 off of North Street. There's a turnaround

21 driveway in the front and then there is a

22 swimming pool that's located along the back

23 portion of the property. The property itself is

24 -- it's pretty wide open. There's -- most of the

25 areas have been cleared. It's been maintained as

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1 lawn with the exception of some plantings along

2 the perimeter of the property itself.

3 I'll go to the next exhibit. This is a

4 rendering of the site plan that was included in

5 your packages. The building itself, as we said

6 before, is approximately 7,700 square feet and

7 it's located centrally on the property here, the

8 main portion of the building. And then there is

9 a port to share or drop off area in the front

10 portion of the building. This is a one-story

11 building. Everything is on one level. There's

12 no basement, there's no second story. There's a

13 small patio area off the side of the building,

14 but again, the building is a one-story building.

15 Access to the property would come in

16 off of North Street. We tried to maintain the

17 access points in generally the same location

18 where the existing driveway is. You come in off

19 of North Street, there is a turnaround and drop

20 off area along the frontage of the property and

21 then the parking is located in the rear. There's

22 a total of 72 parking spaces that are provided,

23 which complies with the zoning ordinance's

24 requirement for this building itself.

25 We did incorporate the number of

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1 landscaped islands throughout and we tried to

2 limit the amount of parking along the perimeter

3 as well, understanding that there are residential

4 properties in the rear portion of the site.

5 There's a large buffer area that's being

6 maintained and all of the landscaping along the

7 existing vegetation along the perimeter of the

8 property in the rear, along the sides, as well as

9 along the frontage, are all being maintained.

10 The development itself is really consolidated to

11 essential portion of the site. We tried to limit

12 the amount of disturbance that would happen on

13 the property.

14 One of the questions that came up when

15 we met with the Transportation Commission was the

16 access out to North Street. They asked us to

17 look at a couple of options and I'm just going to

18 go back to the aerial photograph. It's a little

19 easier to see on this. When you proceed

20 southbound on North Street, there's this left

21 turn lane pocket, if you could see it on the

22 aerial, that's here, that allows you to turn left

23 onto Bryant Avenue. That left turn lane ends

24 before our driveway location. The Transportation

25 Commission recommended that we extend this left

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1 turn lane back so that anybody wanting to make a 2 left turn into this facility would be able to do 3 so. So, we're able to do that with restriping of 4 North Street. It doesn't require any physical 5 widening of it, so it's really just restriping. 6 The applicant agreed that, as part of this 7 project, they would be able to do that 8 restriping, obviously assuming everything moves 9 forward. So, in accordance with their 10 recommendation, going back to the site plan, 11 we'll have a left turn lane and a left turn 12 pocket that would allow people to come into this 13 property. 14 As part of this development plan, we 15 did prepare a full stormwater pollution 16 prevention plan. Right now, there obviously are 17 no controls on the property. The topography of 18 the property is such where North Street is 19 essentially at a higher and then 20 everything really drains towards the back portion 21 of the property. And then it really drains onto 22 the neighboring properties in this fashion. Our 23 office -- Rick, obviously worked on designing a 24 plan and a stormwater pollution prevention plan 25 that complies with your Code as well as the

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1 state's Codes, but we also didn't want to 2 continue taking drainage towards the back portion 3 of the property where it's uncontrolled. So, 4 we've captured everything, we put in -- are 5 proposing a full retention system that's going to 6 be located in the front portion of the property 7 that's an infiltration system that will allow 8 water to go back into the ground and then it 9 connects into the drainage system on North 10 Street. We had some initial conversations with 11 your Department of Public Works on this as well 12 and that's what they would have recommended. 13 They asked us to look into that and that was the 14 initial plan. I know they're in the process of 15 reviewing the report and whatever comments, 16 concerns they raise we'll obviously work with 17 them to address them, but the general consensus 18 was that we didn't want to discharge water 19 towards the neighboring properties in the rear. 20 We want to take everything and bring it to North 21 Street where it goes. 22 In addition to the underground 23 retention system, obviously, there's a 24 significant amount of landscaping and green areas 25 that are being maintained on the property. Of

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1 course, pavement has also been incorporated into

2 the design in the back court parking lot. You'll

3 see it in this portion of the property here. And

4 really tried to incorporate a number of green

5 practices, again, infiltration and of course,

6 pavement being two of those options. All other

7 utilities would come from North Street and

8 everything would connect out to the existing

9 infrastructure in North Street.

10 That's really a general overview of the

11 site plan. I’m happy to answer any questions,

12 comments, thoughts that the Board may have. But

13 that really gives you an overview of the proposed

14 project.

15 CHAIRMAN JOHN IORIS: Thank you, Diego.

16 I guess I need the screen back.

17 DIEGO VILLAREALE: Yup. How about

18 that? Good?

19 CHAIRMAN JOHN IORIS: Any members have

20 anything -- comments, questions regarding this?

21 I'll start this one with Rich.

22 BOARD MEMBER RICHARD PAYNE: No true

23 comments right now. I, likewise, see it's a nice

24 piece of property. I think it would be a nice

25 addition. The trees, are they going to be

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1 maintained?

2 DIEGO VILLAREALE: I'm going to share

3 my screen just once again, real quick. So, you

4 should be able to see it. So, we are maintaining

5 as many of the trees on the property with the

6 focus of the trees along the perimeter that you

7 see in this area here, along the back portion of

8 the property. All of the existing vegetation is

9 proposed to remain. So, that screen and that

10 buffer that you see along North Street today will

11 remain and will actually get supplemented. There

12 are trees that are being removed in and around

13 the perimeter of the existing house and some of

14 the trees along the driveway that goes out. But

15 again, the focus was to try to maintain those

16 perimeter plantings. And then we also developed

17 a full landscaping plan that provides trees

18 around the driveway, within the parking lot. We

19 supplement them along the perimeter of the

20 property where there are openings. So, we tried

21 to work with the existing vegetation that's out

22 there and supplement it as best we possibly can.

23 BOARD MEMBER RICHARD PAYNE: Thank you.

24 Just two more quick questions. Will there be a

25 left turn allowed off the property or will it be

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1 right only when you go onto North Street?

2 DIEGO VILLAREALE: We are proposing

3 that both be maintained. Left would be permitted

4 out, yes.

5 BOARD MEMBER RICHARD PAYNE: Because

6 that roadway does -- they go pretty fast there.

7 That's another -- it's a fast roadway there at

8 the intersection.

9 DIEGO VILLAREALE: Understood.

10 BOARD MEMBER RICHARD PAYNE: And the

11 proposed building, it looks as though it's closer

12 to North Street than the current structure. Is

13 that correct?

14 DIEGO VILLAREALE: So, it is -- yes, it

15 is a bit closer. So, I'm going to pull up my

16 screen again and you can -- here it is. So, you

17 should see the aerial photograph. You could see

18 the front portion of the house is right about in

19 the center of the property here and then when you

20 go to the site plan, it does get pushed up in

21 that circular turn around area that's located

22 there. So yes, you're absolutely correct.

23 BOARD MEMBER RICHARD PAYNE: All right.

24 Thank you.

25 CHAIRMAN JOHN IORIS: Okay, Sarina?

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1 BOARD MEMBER SARINA RUSSELL: Yeah, I

2 have a question. What's happening with the pool?

3 Is that going to be filled in?

4 DIEGO VILLAREALE: Yeah, the pool will

5 be removed and that's where we'll supplement the

6 plantings. That's where you see some additional

7 landscaping along the back portion of the

8 property there.

9 BOARD MEMBER SARINA RUSSELL: Okay and

10 then I have a question on pedestrian traffic. Is

11 there -- on that part of North Street, is there

12 any -- are there any sidewalks at all? I mean,

13 can people walk into the church or do they have

14 to drive in?

15 DIEGO VILLAREALE: I'm not sure off the

16 top of my head of the sidewalk configuration

17 there. We can check that.

18 RICK BOHLANDER: Diego, there's no

19 existing sidewalks there right now.

20 DIEGO VILLAREALE: Excuse me, Rick? Go

21 ahead.

22 RICK BOHLANDER: There's no existing

23 sidewalks there now.

24 BOARD MEMBER SARINA RUSSELL: At all on

25 North Street.

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1 DIEGO VILLAREALE: So, yeah, there's no

2 existing sidewalks. So, the majority -- again,

3 most people would drive to this location.

4 BOARD MEMBER LEONARD GRUENFELD: If I

5 can interject. There are sidewalks on the high

6 school side going south. Actually, one of my

7 comments was exactly what that is. I would think

8 that sidewalks should be added going from Bryant

9 north to this property. I would like to see it

10 go beyond that, but I -- you know, this is a new

11 construction proposal.

12 DIEGO VILLAREALE: Yeah, so I believe

13 this is what you're speaking about. I'm going to

14 share my screen again. In this area here, if you

15 could see it. So, I believe this is the sidewalk

16 that you're referring to that comes off along the

17 south side of Bryant Avenue and then there is the

18 crosswalk that's in this location.

19 BOARD MEMBER LEONARD GRUENFELD: That's

20 correct. And especially if you go back a little

21 north towards your site, if you take the

22 Transportation Committee's recommendation of

23 putting in a left turn lane, you're going to be

24 restriping there. The only space you have is

25 taking away that little bit of shoulder, which is

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1 the only place where pedestrians feasibly could

2 walk.

3 DIEGO VILLAREALE: Well, that shoulder

4 doesn't exist when you approach the intersection.

5 So, it's not available in this area here. So,

6 anybody that would be walking in this spot would

7 run out of room regardless right now.

8 BOARD MEMBER LEONARD GRUENFELD: Right.

9 But there is that shoulder. It does run from

10 halfway into your property to the end, to the

11 northern property line. That would all

12 disappear.

13 DIEGO VILLAREALE: There's very little

14 shoulder on this side --

15 BOARD MEMBER LEONARD GRUENFELD: No, on

16 the other --

17 DIEGO VILLAREALE: On the other side,

18 yes.

19 BOARD MEMBER LEONARD GRUENFELD: Yeah.

20 DIEGO VILLAREALE: Okay. I understood

21 what you're speaking about. I mean, that's

22 certainly a recommendation that this Board can

23 make. It's something that we can look at, but

24 it's certainly -- it's nothing, obviously, I

25 could commit to at this time. That's something

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1 I'd have to speak with our client and the

2 applicant on and it's certainly a recommendation

3 that you can make.

4 CHAIRMAN JOHN IORIS: Okay. Anna?

5 BOARD MEMBER ANNA CABRERA: Yeah, it's

6 more of a comment. I think we need to rename

7 that one block, Holy Row, because there's going

8 to be four houses of worship. It's -- I’m sure

9 it's not for me to ask, but I have to assume

10 there's a need because you're building

11 specifically a house of worship and you don't

12 have someone at this time. I mean, do you think

13 that's going to be an issue or --

14 DIEGO VILLAREALE: Scott, maybe you can

15 take that question?

16 SCOTT SCHER: Yeah, sure. I mean,

17 currently we have two or three people that are

18 looking at the property. There is a big need for

19 smaller venues and that are owned by somebody

20 else because these churches today don't have the

21 wherewithal to come up with the money to purchase

22 property. So, they rent until they can get

23 enough membership together to either raise the

24 money to purchase the property from us or find a

25 property of their own.

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1 BOARD MEMBER ANNA CABRERA: Okay.

2 Yeah, I'm thinking that there's always traffic in

3 that area anyway, so the left turn there might be

4 crazy, but at this point, I don't know what you

5 can do about that. Is this the only way in and

6 out? I don't remember now. Or is there a back

7 exit? Is this the only access?

8 DIEGO VILLAREALE: North Street's the

9 only frontage. All access would be from North

10 Street.

11 BOARD MEMBER ANNA CABRERA: Okay. I

12 guess that's it.

13 CHAIRMAN JOHN IORIS: Lynn?

14 BOARD MEMBER LYNN OLIVA: Sorry. I was

15 on . A couple of things. When I looked at

16 this, I sort of applied some of the standards of

17 the discussions that a number of us had when the

18 Hindu temple came before us for approval. And my

19 first -- I know that the Hindu temple wanted to

20 buy this property at one point as part of their

21 development and then it wasn't for sale or maybe

22 they couldn't afford it. But I know they were

23 very interested in this particular property. At

24 least that's what they told us when they came to

25 see us.

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1 The problem with a rented church is not

2 the use so much, but we really don't know

3 anything about it the way we did when we

4 discussed things with the temple. Are there

5 going to be certain times when there are going to

6 be, like, a Christmas? For example, when we

7 spoke with the Hindu temple, we found out that

8 there was a need to have overflow parking. There

9 was also a traffic management plan because they

10 had one or two times during the year where they

11 were going to have to bus people in because it

12 was such a very important event. And we made

13 area available for that where they didn't have to

14 pave it all, but that it would be for overflow,

15 but also, as I said, there was a pretty strenuous

16 or pretty thorough traffic management plan

17 because of what the uses were. And so, what I

18 have a -- and I don't have a problem with the use

19 in terms of it being a religious use, I guess,

20 but how many -- what happens if there is an event

21 -- I mean, what if they have classes every

22 Saturday or every Wednesday or night services and

23 what if there are certain times when it's more

24 than 72. Seventy-two is a minimum number of

25 spaces that's required. So, how are we supposed

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1 to evaluate that?

2 SCOTT SCHER: Seventy-two is what

3 controls the size.

4 BOARD MEMBER LYNN OLIVA: Of the

5 building.

6 SCOTT SCHER: On the amount -- based on

7 the amount of parking, controls the amount of

8 people that you can have in the space, in the

9 assembly space. So, you couldn't go more than

10 the amount of parking would allow us on that

11 spot.

12 BOARD MEMBER LYNN OLIVA: I will tell

13 you that people have Christmas. Even, you know,

14 Catholic churches, churches around and they get

15 way more people than what they have parking for.

16 And as I said, I'm just thinking about the

17 discussion that we had with the Hindu temple,

18 your neighbor to the north, where there were, not

19 many, but there were a couple of events where

20 they were going to have a need for more parking

21 and that was incorporated as part of the plan.

22 Both in terms of overflow parking, but also in

23 terms of a traffic management plan. So, I think

24 that's just something that we should bring up to

25 the Common Council for them to think about or to

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1 have some sort of a provision to be able to do 2 that once whoever's in there. It might be a 3 little bit more what their needs were might 4 become a little bit more clearer. 5 The other thing I wanted to say was 6 about what Leonard and others have brought up 7 about North Street. North Street, the shoulder 8 on the opposite side, is used by White Plains 9 High School kids. You drive up there in the 10 morning, you drive up there in the afternoon as 11 they start coming out and you really can't even 12 go in that lane of traffic that's closest to the 13 shoulder because there are kids walking in that, 14 going past the old St. Agnes. And so, again, not 15 knowing when the church is going to be having 16 services or when they're going to be having, 17 maybe, religious instructions or maybe a 18 charitable type of uses there. It concerns me 19 about the left-hand turn both in and out and I 20 think that's something that we should ask either 21 the Traffic Commission and/or the Common Council 22 to look at a little bit more thoroughly. And 23 those were my two major comments. 24 CHAIRMAN JOHN IORIS: Thank you. 25 Leonard?

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1 BOARD MEMBER LEONARD GRUENFELD: Okay.

2 I -- a couple of things. So again, going on to

3 that sidewalk issue that was one of my issues and

4 Sarina also raised and Lynn. I do strongly

5 believe that a sidewalk should be put in from the

6 corner of North Street down to, at minimum, this

7 property. The other questions or issues I had,

8 in the rear of the property, that the rear goes

9 back to an adjacent residential neighborhood.

10 There didn't look like there was much of any

11 buffer in terms of planting, landscaping,

12 fencing, anything. In other words, when you have

13 a parking lot that backs up to a residential

14 house or neighborhood, you could have, feasibly,

15 headlights, there's events happening at night.

16 You could feasibly have headlights, lights going

17 into that residential area. So, is there any

18 plan for any type of fence or buffer, plantings

19 more? I see some plantings, but not anything

20 that would block, let's say, a significant amount

21 of light going into those -- into that

22 residential area.

23 DIEGO VILLAREALE: We can address that.

24 I think, two things, just to mention. I’m going

25 to share my screen one more time here. On the

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1 existing conditions, there is existing vegetation

2 that's back here. You could see the area that is

3 occupied by the pool, but there's a number of

4 existing plantings, all of which we're proposing

5 to maintain. We did show some landscaping to

6 supplement that. We could look at even enhancing

7 that just a bit more and try to add some

8 supplemental plantings. And then when you do

9 look at the site plan, as well, this was taken

10 into consideration. You'll see there's no

11 parking spaces in this last row here. We didn't

12 put any parking spaces facing the back portion of

13 the property. It's one bay removed. So, all of

14 that was kept in mind, but I understand your

15 point with the plantings in the back. Again,

16 sometimes the scale doesn't do this justice.

17 Some of these trees are larger than what's shown.

18 So, we can add some supplemental landscaping, I

19 think, along the back portion of the property if

20 that makes sense.

21 BOARD MEMBER LEONARD GRUENFELD: Okay.

22 Is there -- my next question will be, is there

23 any historic nature of the existing home?

24 DIEGO VILLAREALE: Not that I'm aware

25 of. No.

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1 BOARD MEMBER LEONARD GRUENFELD: Okay.

2 So, I assume it's probably early 1900s, 1920s,

3 somewhere around there maybe? I'm not 100% sure,

4 I don't know.

5 DIEGO VILLAREALE: I don't know either.

6 So, no, I don't know.

7 BOARD MEMBER LEONARD GRUENFELD: And

8 then the -- I had a question on the site plan,

9 the parking, there's an area that looks like it's

10 some kind of different type of paving.

11 DIEGO VILLAREALE: That's the porous

12 paved area. We have an area of parking that will

13 be porous pavement, not asphalt pavement.

14 BOARD MEMBER LEONARD GRUENFELD: And

15 that's to make it a less impervious surface?

16 DIEGO VILLAREALE: Correct. Starts to

17 address some of the stormwater issues.

18 BOARD MEMBER LEONARD GRUENFELD: I

19 guess my question then would be, considering a

20 religious institution predominantly only has

21 parking use and may not even have the full lot

22 used at various times, why not make the vast

23 majority of the parking some type of impervious

24 surface?

25 DIEGO VILLAREALE: Again, per our

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1 statement, we tried to limit it to areas that we 2 feel are going to be less likely to be used on a 3 regular basis. We left it on an area that's 4 furthest away from the entrance, most likely 5 being the least used parking spaces. So, it's -- 6 we tried to incorporate at least a portion of the 7 parking lot within it, which complies with our 8 stormwater management plan requirements. And 9 then we have other type of infiltration. We were 10 able to do a rather large infiltration system 11 here, which kind of serves similar to the porous 12 pavement, putting water back into the ground. 13 We're not discharging it off site. So, we have 14 an infiltration system and again, we just thought 15 it was a good balance with a portion of the 16 property being porous pavement and then having 17 this large infiltration system, we're really 18 accomplishing the goals that you're looking for. 19 And it's a little easier to maintain the 20 underground infiltration system, they last 21 longer. Porous pavement, you want to make sure 22 is in an area that's not being frequently used. 23 Otherwise, it'll start to (indiscernible). 24 BOARD MEMBER LEONARD GRUENFELD: And 25 then my last thing is, there's a residential unit

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1 in the facility?

2 DIEGO VILLAREALE: Yeah, so, there's a

3 small space for maybe a pastor or somebody that

4 is going to live there. So, there's a small

5 portion of the building that has a single bedroom

6 for a person.

7 BOARD MEMBER LEONARD GRUENFELD: Okay

8 and that's permitted under zoning or that's --

9 DIEGO VILLAREALE: My understanding is

10 yes, absolutely.

11 BOARD MEMBER LEONARD GRUENFELD: Okay.

12 Okay. That's my -- those are my questions,

13 issues.

14 CHAIRMAN JOHN IORIS: Thank you.

15 BOARD MEMBER LEONARD GRUENFELD: Thank

16 you.

17 CHAIRMAN JOHN IORIS: Okay. Eileen,

18 we're being asked to draft a letter here.

19 BOARD MEMBER LYNN OLIVA: Could I ask

20 one more question?

21 CHAIRMAN JOHN IORIS: Yes.

22 BOARD MEMBER LYNN OLIVA: I'm sorry. I

23 can't believe I forgot to ask this, you know what

24 it's going to be. Diego, what about the

25 incorporation of solar into the building?

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1 DIEGO VILLAREALE: It's not something

2 that is being considered here, Lynn. It's

3 something, obviously we understand sustainability

4 is a big part of any design. We try to

5 incorporate a number of other green practices.

6 This is -- it's a one-story building, but its

7 solar was not considered as part of the design

8 here. It was not incorporated.

9 BOARD MEMBER LYNN OLIVA: I'd like us

10 to recommend that the Council consider that

11 though. Thank you, John.

12 CHAIRMAN JOHN IORIS: You're welcome.

13 I have a couple of comments. One regarding the

14 sidewalk. I don't see the point of creating

15 impervious surface on a sidewalk that doesn't

16 connect with another sidewalk. That's my own

17 opinion about that. And because this is being

18 built as a house of worship, I question whether

19 or not we should be requiring solar because solar

20 or incredible energy efficient processes because

21 the last thing you want to do -- the last thing I

22 would want to see happen is have this become

23 unaffordable for some kind of a church. But --

24 BOARD MEMBER LYNN OLIVA: You know

25 what's unaffordable? I mean, there's so many

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1 things --

2 CHAIRMAN JOHN IORIS: I would not like

3 to see it become unaffordable.

4 BOARD MEMBER LYNN OLIVA: Well, but do

5 we know that it would be unaffordable? I mean,

6 that's the way of the world now, to be green, to

7 be -- to do solar. Maybe --

8 CHAIRMAN JOHN IORIS: I understand

9 that. But I've never seen a case where it would

10 cost less money to do that.

11 BOARD MEMBER LYNN OLIVA: But I'm

12 saying this should be the new way we do things,

13 21st century. That's just my opinion.

14 CHAIRMAN JOHN IORIS: Which you're

15 certainly entitled to.

16 BOARD MEMBER LYNN OLIVA: Right.

17 CHAIRMAN JOHN IORIS: I don't share

18 that in all of the cases, this certainly being

19 one of them. But --

20 BOARD MEMBER LYNN OLIVA: Right. I

21 understand, but --

22 CHAIRMAN JOHN IORIS: That's my

23 opinion. We need to draft a letter here. Do we

24 want to try to hammer it out tonight or do we

25 want to -- You want to try to do it tonight,

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1 Eileen? I can't hear you.

2 SECRETARY EILEEN MCCLAIN: Yeah. I

3 don't think there are an awful lot of comments.

4 I think I've got them down, but if you want to

5 give me -- are you generally supportive or no

6 objection with the following comments or, how

7 shall I structure the letter?

8 CHAIRMAN JOHN IORIS: I have no

9 objection whatsoever to this usage.

10 BOARD MEMBER SARINA RUSSELL: Me too.

11 I agree. No objections.

12 LEGAL COUNSEL ARTHUR GUTEKUNST: Just

13 make sure it's conditioned on the fact that this

14 building can only be used as a church.

15 CHAIRMAN JOHN IORIS: Makes sense.

16 Okay.

17 LEGAL COUNSEL ARTHUR GUTEKUNST: It is

18 not something that can be converted to a cleaner

19 or any commercial use where it's going. It's

20 strictly for a church.

21 CHAIRMAN JOHN IORIS: I have no

22 objection to putting that into the letter.

23 WOLEGAL COUNSEL ARTHUR GUTEKUNST: For

24 religious use. Can we use those terms?

25 CHAIRMAN JOHN IORIS: Yes.

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1 LEGAL COUNSEL ARTHUR GUTEKUNST: I'm

2 not making it be Christian. It could be a

3 temple, it could be anything.

4 CHAIRMAN JOHN IORIS: Yeah, any

5 religious use.

6 LEGAL COUNSEL ARTHUR GUTEKUNST: Not a

7 school, not anything else necessarily. It's a

8 church.

9 SECRETARY EILEEN MCCLAIN: Yup.

10 BOARD MEMBER LEONARD GRUENFELD: I'd

11 still like to see the sidewalk issue be brought

12 into the letter.

13 BOARD MEMBER LYNN OLIVA: I mean, we

14 have some disagreement, I mean with the solar,

15 with the sidewalks. Do you want to take a stab

16 at doing the letter and then we can get back to

17 you?

18 SECRETARY EILEEN MCCLAIN: The way I'd

19 like to phrase it, based on what I'm hearing --

20 BOARD MEMBER LYNN OLIVA:

21 (indiscernible) or you could say some Board

22 members thought the sidewalk was a good idea,

23 others didn't.

24 SECRETARY EILEEN MCCLAIN: I would

25 anticipate phrasing it to say that --

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1 LEGAL COUNSEL ARTHUR GUTEKUNST: There

2 should be motions to the recommendation and you

3 should decide whether you're recommending it with

4 conditions or whether it's just no objection and

5 you want some things to be considered. You need

6 to formulate your motion.

7 BOARD MEMBER LYNN OLIVA: Well, I think

8 we said no objection and then, what do we say in

9 terms of --

10 CHAIRMAN JOHN IORIS: No objection. We

11 have members that think we should have some solar

12 activity here, we have a member that thinks we

13 should have some sidewalk built. There's not a

14 consensus on those things, however.

15 BOARD MEMBER LYNN OLIVA: Right.

16 CHAIRMAN JOHN IORIS: I don't know how

17 to formulate that motion.

18 LEGAL COUNSEL ARTHUR GUTEKUNST: Wasn't

19 there also some discussion of turns on North

20 Street?

21 CHAIRMAN JOHN IORIS: Left turns onto

22 North Street.

23 BOARD MEMBER SARINA RUSSELL: Left

24 turns.

25 BOARD MEMBER LYNN OLIVA: There was

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1 also a more generous buffer and I think there was

2 also a suggestion that we -- that the Council,

3 somehow or other, incorporate once the exact use

4 is known, to be able to figure out whether

5 there's enough parking and whether or not there

6 needs to be a traffic management plan.

7 CHAIRMAN JOHN IORIS: Doesn't there

8 have to be traffic management anyway?

9 BOARD MEMBER LYNN OLIVA: Oh, I don't

10 know, John.

11 LEGAL COUNSEL ARTHUR GUTEKUNST: Only

12 if recommended by the Traffic Commission or the

13 Deputy Commissioner of Parking.

14 BOARD MEMBER LYNN OLIVA: Maybe we

15 could say that we recommend a traffic management

16 plan once the use is specific.

17 BOARD MEMBER SARINA RUSSELL: Well,

18 doesn't it get referred out automatically?

19 BOARD MEMBER LYNN OLIVA: Well, I don't

20 know. That was the big thing with the Hindu

21 temple.

22 DIEGO VILLAREALE: I was just going to

23 say, the Transportation Commission we did meet

24 with them last week. They did raise the concerns

25 regarding the left turns. That's where the

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1 recommendation came for the restriping along the

2 frontage of the property. They did not make any

3 recommendations regarding a traffic management

4 plan. They were really focused on the left turns

5 coming into and out of the site, obviously. And

6 that's where the recommendations for the

7 restriping came. You could confirm that with the

8 Transportation Commission. We haven't seen an

9 official document yet, but I believe the only

10 thing they were recommending was the left turn.

11 BOARD MEMBER LYNN OLIVA: Right, which

12 some of us have a problem with. So maybe we just

13 tell that to the Council, and they can decide.

14 SECRETARY EILEEN MCCLAIN: I got it. I

15 wrote all that down.

16 CHAIRMAN JOHN IORIS: Okay. So, I need

17 a motion to write a letter to the Common Council

18 incorporating all of the things that we just

19 discussed and --

20 BOARD MEMBER SARINA RUSSELL:

21 Basically, saying no objection.

22 CHAIRMAN JOHN IORIS: That we don't

23 object to the religious usage and it must be

24 religious usage only.

25 BOARD MEMBER ANNA CABRERA: So moved.

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1 BOARD MEMBER SARINA RUSSELL: Second.

2 CHAIRMAN JOHN IORIS: All in favor?

3 BOARD MEMBER LYNN OLIVA: Aye.

4 BOARD MEMBER LEONARD GRUENFELD: Aye.

5 BOARD MEMBER RICHARD PAYNE: Aye.

6 CHAIRMAN JOHN IORIS: Thank you all.

7 DIEGO VILLAREALE: Thank you for your

8 time everybody. Have a great night.

9 CHAIRMAN JOHN IORIS: Everybody stay

10 safe.

11 BOARD MEMBER LYNN OLIVA: Sarina?

12 Sarina?

13 BOARD MEMBER SARINA RUSSELL: What's

14 that?

15 BOARD MEMBER LYNN OLIVA: I wanted to

16 ask -- I'll call you .

17 BOARD MEMBER SARINA RUSSELL: Okay.

18 CHAIRMAN JOHN IORIS: I need a motion

19 to close the meeting.

20 BOARD MEMBER LYNN OLIVA: So moved.

21 BOARD MEMBER SARINA RUSSELL: Second.

22 CHAIRMAN JOHN IORIS: All in favor?

23 BOARD MEMBER ANNA CABRERA: Aye.

24 BOARD MEMBER LEONARD GRUENFELD: Aye.

25 BOARD MEMBER RICHARD PAYNE: Aye.

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1 CHAIRMAN JOHN IORIS: Thank you all. 2 Everybody stay safe. 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

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1 C E R T I F I C A T I O N 2 3 I, Sonya Ledanski Hyde, certify that the 4 foregoing transcript is a true and accurate 5 record of the proceedings. 6 7 8 9 ______10 11 Veritext Legal Solutions 12 330 Old Country Road 13 Suite 300 14 Mineola, NY 11501 15 16 Date: May 18, 2020 17 18 19 20 21 22 23 24 25

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& 56:5 5 97:4 & 5:5 200 9:6,8 5 42:8 absolutely 32:14 2016 7:6 60:9 78:22 91:10 0 5,000 71:17 2017 7:10 21:18 50 9:9 13:17 14:2 abstained 3:8 0.8 15:20 2018 7:10 65:5 14:8,11 abuts 8:17 1 2019 22:11 510.6.5 28:15 abutting 45:20 1 45:1,9 49:17 2020 1:13 7:12 52 4:15,20 5:6 academic 9:16,22 50:3 101:16 56 65:3 9:23 17:8 19:22 21 1:13 55:18 58:8 1,500 15:18 6 1.0 16:6 21st 2:3 93:13 accepted 7:10 6 41:2 1.5 15:16,20 17:2 25 8:14 16:12 38:6 access 8:16 12:24 60 13:21 27:19 19:2,5 23:19 28 10:12 13:6,7,8,9 31:14 30:22 28:24 39:25 42:10 287 7:19 27:6 31:16,21 32:8,11 65 8:15 64:12 50:6 39:18 52:7,16,20,25 53:1 65-75 9:24 1.5. 8:10 15:1 18:3 29th 7:11 53:3,6,7 57:6,6 18:10 20:4 38:17 3 7 71:19 72:15,17 73:16 83:7,9 40:7 3 42:3 7,000 70:2 accessed 12:7 13:1 10 8:3,13 9:16 3/4 12:11 7,700 72:6 13:3 28:24 41:2 46:19 30 31:2 70 9:23 accessory 18:17 56:5 30-40 20:2 700 28:2 51:6,8,16 21:13 22:23 23:1 100 13:25 27:20 300 101:13 712 10:17 23:13 28:3 89:3 308 19:19 72 72:22 84:24 accommodate 103 10:22 330 101:12 75 8:16 51:20 11 42:7 35 13:18,19,24 8 11501 101:14 accommodated 14:24 15:22 28:2 8 41:2,21 12 41:22 42:2,6 58:15 29:4,6,8 30:19 80 9:9 45:16 accommodating 31:3 42:10 800 51:6 140 9:10 64:21 392 67:7 69:25 80s 48:25 17 5:17 accomplishing 70:23 85 13:19 14:11,13 18 101:16 90:18 4 14:16 19:17 27:16 1900s 89:2 accurate 101:4 49:11,14 51:9 1920s 89:2 400 9:21 acre 12:11 39:20 87 10:15 34:11 19th 2:9 4:9 45 29:9 acres 5:17 71:1,1 467 8:12 15:19 9 acted 59:13,20 2 20:3 90 9:22 action 60:11 2 10:12 42:3 45:1 47 9:23 a activate 44:2 45:9 70:25 48 10:14 activates 43:24 ability 17:3 64:17 2,000 16:4 49 20:7 activities 11:6 able 12:10 19:15 2.25 71:1 activity 96:12 20:6 51:19 67:23 2.3 39:20 actual 48:19 20 14:23 28:16,25 70:10 74:2,3,7 29:10 30:17,23 77:4 86:1 90:10 Veritext Legal Solutions 212-267-6868 www.veritext.com 516-608-2400 [adaptively - arthur] Page 2

adaptively 11:18 agnes 86:14 49:22 50:10,18 appreciated 56:1 12:4 ago 6:22,23 51:18,25 52:3 69:17 add 10:24 24:7 agree 24:4 25:16 62:6,7 63:22 64:1 approach 81:4 44:16 48:8 88:7 63:16 94:11 66:6,24 68:6 82:4 appropriate 16:25 88:18 agreed 74:6 82:5 83:1,11 17:17 18:5 48:10 added 16:23 18:19 agreement 59:7 98:25 99:23 49:3 18:22 19:2 23:14 62:8,11 announcement 2:7 approval 16:21 80:8 ahead 21:2 79:21 answer 45:5 48:6 59:10 60:12 83:18 adding 15:9 17:24 aid 34:1 52:14 76:11 approvals 65:3,18 23:24 31:15 48:12 akrf 5:10 answered 54:14 65:21 addition 15:19 alleviating 37:21 56:23 approve 2:22 75:22 76:25 allow 14:9 20:9 anticipate 65:10 approved 62:16 additional 9:11 32:8 74:12 75:7 95:25 64:14 65:5 13:21 14:24 33:20 85:10 anybody 2:16 approving 16:22 79:6 allowable 16:11 42:17 45:4 74:1 16:24 17:3,10 address 25:8 allowed 5:24 9:7 81:6 18:4 75:17 87:23 89:17 14:25 16:15,15,21 anymore 32:3 approximately adjacent 28:19,20 17:16 19:5 77:25 anyway 44:6 83:3 72:6 30:13 37:16 42:5 allowing 57:6 97:8 april 1:13 2:3 87:9 allows 4:11 15:17 apartment 45:21 architecturally adjoining 30:7 15:20,21 70:11 apartments 66:13 36:7 adjournment 73:22 apologize 23:16 area 14:3 15:18 59:19 alternative 10:6,9 55:9 16:4 27:19 30:1 adopted 26:5 alternatives 11:16 apparatus 52:22 37:13 39:20,21 49:23 ambulances 52:9 appealing 40:6 43:7,7 72:9,13,20 advantage 12:8 52:14,23 appearance 21:25 73:5 77:7 78:21 advisability 4:18 ame 64:25 appeared 54:15 80:14 81:5 83:3 59:4 amended 5:8,21 applicant 5:6 10:5 84:13 87:17,22 aerial 7:18 70:21 6:10,24 7:7,12 26:15 32:2,18 88:2 89:9,12,12 73:18,22 78:17 17:7,10,18,24 18:5 59:16 65:6 69:23 90:3,22 afford 83:22 18:19 19:3,8 74:6 82:2 areas 51:23 71:25 affordable 10:18 23:14 49:14,15 applicant’s 69:22 75:24 90:1 34:22,24 65:4 60:1,14 application 5:4,14 arguably 51:14 afternoon 86:10 amigos 26:19 5:17,20 31:19,24 argue 37:6 age 11:1 17:13 amount 29:24 54:22 65:10 71:10 arisen 58:9 33:25 35:14 48:25 73:2,12 75:24 applied 51:14 art 34:5 agency 16:22,24 85:6,7,7,10 87:20 83:16 arthur 3:25 4:5 17:10 18:4 anna 3:7,15 44:15 apply 49:17,24 50:2,6,14 53:18 agenda 4:14 64:12 44:17 45:4,8,15,23 50:12,17 51:12 54:1 59:12 62:24 67:7 46:1,4,7,17,21 appreciate 5:2 6:9 63:4 94:12,17,23 47:2,4 48:3 49:7 56:4 64:9,24 67:4 95:1,6 96:1,18

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97:11 b behalf 5:5 64:25 36:22 41:8 42:19 asked 59:3 73:16 back 6:20,25 7:6 behemoth 27:5 42:20 43:13,25 75:13 91:18 7:13,15 9:4 10:4 believe 2:16 6:22 44:4,8,12,17 45:4 asking 32:18 11:11 13:18,19,20 7:23 34:6 54:25 45:8,15,23 46:4,7 50:23 51:22 13:25 14:1,3,24 80:12,15 87:5 46:17,21 47:2,4,19 aspect 7:2 18:19,23 19:2 91:23 98:9 48:3 49:7 50:10 asphalt 89:13 20:14 21:9 23:14 benefits 32:17 50:18 51:18,25 assembly 85:9 23:20,24 26:18 70:8,13 52:3,6 53:10,23 assessment 53:22 27:10,11,17 28:16 best 77:22 54:4,8,11,13,17 assisted 6:4 9:15 29:9 30:17,19 better 8:22,22 55:1,11,25 56:23 9:22 10:22 11:10 33:17 35:7 41:16 40:5 42:16 57:3,10,14,15,25 12:17 13:3,4 41:20 43:22 44:7 beyond 15:7 80:10 58:25 59:9,24 15:11,25 17:5 44:9 50:24 51:9 big 26:16 82:18 60:4 61:1,2,6,18 19:21,24 25:22 61:9 65:5 69:2 92:4 97:20 62:2,7,10,22 63:3 41:12,19 42:9 71:22 73:18 74:1 bigger 47:12 63:12,16,17,20,22 48:8,20 55:2,4,5 74:10,20 75:2,8 bike 56:18 63:24,25 64:1,2,3 associated 70:13 76:2,16 77:7 79:7 bill 4:22,24 6:19 64:10 66:3,5,6,7 assume 82:9 89:2 80:20 83:6 87:9 7:5 25:15 32:3,14 66:12,15,20,21,23 assuming 52:10 88:2,12,15,19 49:21 57:24 59:17 66:24,25 67:5,25 74:8 90:12 95:16 bill's 26:1 62:25 68:6,7,19,23 70:19 assurances 54:24 backs 9:11 13:15 bird's 7:18 76:12,22 77:23 attached 35:7,11 13:21,22 14:17,18 bit 7:1,3 14:21 78:5,10,23 79:1,9 attempt 6:15 47:13 51:3,21 32:19 37:12,20 79:24 80:4,19 attention 62:20 87:13 38:19 40:23 70:22 81:8,15,19,22 82:5 attorney 69:20 balance 90:15 71:18 78:15 80:25 83:1,11,14 85:4,12 authority 17:3 based 21:21 31:9 86:3,4,22 88:7 87:1 88:21 89:1,7 automatically 51:4 53:21 55:18 block 40:1 82:7 89:14,18 90:24 97:18 85:6 95:19 87:20 91:7,11,15,19,22 available 39:23 basement 72:12 board 1:12 2:4,8 92:9,24 93:4,11,16 56:3 81:5 84:13 basically 13:18 2:19,20,25 3:2,4,5 93:20 94:10 95:10 avenue 71:2 73:23 19:21 35:18 38:1 3:6,7,16,19,21,21 95:13,20,21 96:7 80:17 50:20 98:21 3:22,23,24 4:7 96:15,23,25 97:9 average 10:16 basis 48:12 52:15 6:17 7:7 16:7 97:14,17,19 98:11 14:15 48:25 90:3 20:14,18,19,25 98:20,25 99:1,3,4 aware 55:16 88:24 bay 88:13 21:3,6 22:3 24:6 99:5,11,13,15,17 awful 94:3 bedroom 34:8,9 25:9,14,24 26:13 99:20,21,23,24,25 aye 3:4,5,6 63:24 91:5 26:23,25 29:1,6,11 bohlander 67:17 63:25 64:1,2,3 bedrooms 10:16 29:16,23 30:21 68:4,5,8,11 69:20 66:23,24,25 99:3,4 beginning 21:17 31:4 32:1,12 33:4 79:18,22 99:5,23,24,25 begins 14:3 33:8 34:17,23 bottom 40:20 35:5,13,16 36:10

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25:7,15 26:11 commencing compliant 8:11 conservation 32:17 49:20 50:1 65:11 71:11 61:11 city's 25:16 34:21 comment 6:12 complicated 36:23 consider 17:24 clarification 21:13 25:8 30:3,11 58:7 47:8 92:10 clarify 17:20 42:14 60:5 82:6 complies 72:23 considerably clarity 60:6 commenting 60:18 74:25 90:7 39:14 classes 84:21 comments 7:10 comprehensive consideration 8:7 clause 17:17 10:2 20:19,23 6:8 28:5 38:24 64:7 88:10 cleaner 94:18 21:4 28:6 44:11 concept 44:25 considered 92:2,7 clear 59:24 60:18 44:13 59:5 62:4 concern 18:11 96:5 cleared 71:25 62:21 63:13 66:3 21:18 43:6 49:8 considering 89:19 clearer 86:4 75:15 76:12,20,23 56:17,20 60:1 consistency 6:7 client 24:3 82:1 80:7 86:23 92:13 62:25 consistent 31:24 close 38:16 99:19 94:3,6 concerned 26:20 consolidated closed 13:11 commercial 23:8 37:23 47:6 50:19 73:10 closer 2:12 78:11 45:12 94:19 concerns 75:16 construct 70:1 78:15 commission 7:14 86:18 97:24 constructed 15:21 closest 27:12 73:15,25 86:21 concierge 36:16 29:3 36:4 86:12 97:12,23 98:8 conclude 44:11 construction closing 65:10 commissioner 54:7 54:18 65:9,12 clubhouse 36:19 3:19 25:25 45:25 conditioned 94:13 67:8 80:11 36:19 46:6 49:19 50:4,8 conditions 88:1 context 48:18 code 35:1 74:25 59:15 60:8,20 96:4 continue 5:3 15:6 codes 75:1 68:25 69:4 97:13 coned 54:22 18:15 24:8 40:22 cohesive 27:7 commit 81:25 configuration 57:9 69:15 75:2 58:15 committee's 80:22 79:16 continued 21:22 collect 20:19 common 4:16 5:8 confirm 98:7 24:1 60:16 college 18:25 7:8 31:20 33:1 confused 22:23 continues 70:8 colleges 18:23 59:4 60:12 62:5 conjunction 11:9 continuing 18:13 color 8:3 65:2,19 66:18 connect 12:4,21 continuous 37:8 combined 16:6 85:25 86:21 98:17 76:8 92:16 control 32:25 62:4 commonality connected 25:6 controls 74:17 come 8:21 53:22 58:18 35:19 85:3,7 58:24 61:22 70:10 communicate 2:11 connection 36:5 convent 11:19 72:15,18 74:12 community 11:2,8 52:19 12:3 25:4,12 76:7 82:21 12:12 22:15 58:10 connector 25:3 35:24 36:1,2,6,11 comes 15:3 71:19 58:16,16 65:1 36:8,18 36:21 39:3 40:2 80:16 compared 13:23 connects 75:9 40:22,25 46:25 coming 56:12 completed 65:17 consensus 75:17 47:1 48:1 86:11 98:5 completion 65:16 96:14 conversations 75:10

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converted 35:21 course 76:1,5 definitely 55:8 developments 94:18 court 76:2 definition 18:16 22:4 24:11 61:11 convinced 36:24 courtyard 12:11 deis 7:9,10 10:3 diego 67:11,15,23 38:1,2 coverage 8:16 deliveries 48:23 68:1,3,9 69:7,9,11 cool 12:22 9:24 14:11 15:22 52:23 70:20 76:15,17 corner 52:21 71:4 16:12 20:7 39:14 demands 48:22 77:2 78:2,9,14 87:6 crawford 3:13 4:1 denotes 16:18 79:4,15,18,20 80:1 corporation 65:1 4:12,21 43:21 dense 37:3 41:18 80:12 81:3,13,17 correct 27:21 64:15 67:10,19 density 15:15,24 81:20 82:14 83:8 30:24 35:15 42:14 crazy 83:4 15:25 16:2,3 87:23 88:24 89:5 47:3 51:14 57:7 create 5:18 12:10 38:15 41:16 89:11,16,25 91:2,9 78:13,22 80:20 47:10 department 3:14 91:24 92:1 97:22 89:16 creating 58:11 3:15,17,18,20 99:7 correction 2:23 92:14 17:22 53:2 75:11 difference 42:25 correspondence cross 27:17 depending 28:17 53:24 54:23 55:12 crossed 65:13 46:3 different 12:7,8 cost 93:10 crosswalk 80:18 deputy 68:25 69:4 23:3,5 31:23 32:9 costly 33:22 cuddy 5:5 97:13 37:4 58:17 60:10 council 4:16 5:9 current 8:21 11:15 described 10:6 89:10 7:8 33:1 59:4 12:2 14:19 38:5 43:6 differently 53:14 60:13 61:3 62:5 78:12 descriptor 34:5 difficult 25:18 62:18 65:3,19 currently 8:9 design 8:8 47:5 dimes 23:6 66:18 85:25 86:21 14:25 15:16 16:15 76:2 92:4,7 directly 41:25 92:10 97:2 98:13 18:2 19:5 23:19 designed 53:6 53:9 98:17 38:3 39:1 65:6 designing 49:5 disagreement counsel 3:24 4:5 82:17 74:23 95:14 5:19 50:2,6,14 cyclist 56:8 detail 26:7 disappear 81:12 53:18 54:1 59:12 d determined 18:4 disaster 56:10 62:24 63:4 94:12 develop 70:5 discharge 75:18 darker 8:1 94:17,23 95:1,6 developed 9:13 discharging 90:13 date 101:16 96:1,18 97:11 24:14 77:16 discretionary 32:7 daycare 19:9 counseling 24:2 development 4:18 discussed 61:4 days 60:25 counting 39:20 5:18,23 6:2,8 9:7 62:4 84:4 98:19 deactivate 44:5 country 101:12 15:21 19:16 20:4 discussion 44:16 decide 96:3 98:13 county 65:7 21:12,25 22:6,11 85:17 96:19 decision 32:7 couple 5:15 17:21 22:18 24:13 26:3 discussions 83:17 deemed 17:17 21:10,21 33:9 26:4 27:2,2 30:2 distance 51:4,16 48:10 54:2 60:25 70:16 73:17 32:16 33:12 39:10 district 5:18 15:17 deems 16:25 83:15 85:19 87:2 41:16,19 62:14 17:4 19:11 39:25 deep 31:5 51:5,12 92:13 65:1,4 73:10 49:24 50:16,25 define 33:23 74:14 83:21

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location 11:16 lowered 13:17 managing 54:19 29:1,6,11,16,23 12:2 24:20 72:17 luck 67:2 mapleton 11:15,17 30:21 31:4 32:1 73:24 80:3,18 lutheran 71:3 12:1 18:12,13 32:12 33:4,8 locked 52:25 lynn 3:21 20:22,23 23:5 24:1,20 34:17,23 35:5,13 long 6:21 43:23,25 20:25 21:3 24:6 35:18 39:2 40:2 35:16 36:10,22 longer 17:8 57:23 24:23 25:9,14,24 40:21 41:8 42:19,20 63:15 90:21 26:1,13 29:1,6,11 march 2:14,22 43:13,21,25 44:4,8 look 6:9,17 14:15 29:16,23 30:21 7:15 23:6 65:5 44:12,17 45:4,8,15 24:15,23 25:13,19 31:4 32:1,12 33:4 mass 5:22 45:23 46:4,7,17,21 26:9 36:25 37:1 42:20 43:13 47:6 maximum 15:22 47:2,4,19 48:3 38:9,10 40:9 47:19 57:15 62:9 16:11 44:25 49:7 50:10,18 47:20 73:17 75:13 62:10,22 63:17,25 mayor 22:15 51:18,25 52:3,6 81:23 86:22 87:10 66:12,23 83:13,14 mcclain 3:23 94:2 53:10,23 54:4,8,11 88:6,9 85:4,12 87:4 95:9,18,24 98:14 54:13,17 55:1,11 looked 10:5 28:11 91:19,22 92:2,9,24 meal 11:3 55:25 57:3,10,14 83:15 93:4,11,16,20 mean 23:9 24:6 57:15,25 61:6,18 looking 7:18 20:21 95:13,20 96:7,15 33:2,24 37:2 41:9 62:2,7,10,22 63:3 25:1 26:11 37:19 96:25 97:9,14,19 41:13 45:19 53:16 63:16,17,20,22,24 40:16 42:23 48:13 98:11 99:3,11,15 62:12 63:1 79:12 63:25 64:1,2,3,10 50:20 82:18 90:18 99:20 81:21 82:12,16 64:15 66:5,6,7,12 looks 58:23 78:11 m 84:21 92:25 93:5 66:15,20,21,23,24 89:9 95:13,14 66:25 67:5,10,19 main 2:8 13:5 49:8 loom 31:11 means 43:19 67:25 68:6,7,19,23 72:8 looming 27:22 meant 34:2 70:19 76:22 77:23 maintain 10:21 lose 38:12 measure 28:16 78:5,10,23 79:1,9 16:14 39:6 70:9 lost 38:14 39:9 measured 14:16 79:24 80:4,19 71:13 72:16 77:15 43:17,18 68:22 measures 26:8 81:8,15,19 82:5 88:5 90:19 lot 8:23 10:2 15:18 meet 97:23 83:1,11,14 85:4,12 maintained 71:25 16:4 20:12 28:3,6 meeting 1:12 2:3,7 87:1 88:21 89:1,7 73:6,9 75:25 77:1 30:1 50:13 51:12 2:8,14,23 3:11 4:2 89:14,18 90:24 78:3 58:24 59:5 61:20 4:4 5:2 10:7 21:6 91:7,11,15,19,22 maintaining 15:23 61:21 76:2 77:18 57:2 59:14,18,21 92:9,24 93:4,11,16 77:4 87:13 89:21 90:7 60:15 69:5,13 93:20 94:10 95:10 major 86:23 94:3 99:19 95:13,20 96:7,12 majority 80:2 lots 19:10 32:17 meetings 57:21 96:15,23,25 97:9 89:23 49:17 member 2:19,20 97:14,17,19 98:11 making 12:23 lou 3:16 2:25 3:2,4,5,6,7,16 98:20,25 99:1,3,4 28:12 33:15 95:2 low 19:25 27:8 3:19,21,22,23 4:1 99:5,11,13,15,17 management 84:9 48:16 56:12 4:7,12,21 5:4 6:17 99:20,21,23,24,25 84:16 85:23 90:8 lower 8:1,2 27:13 20:25 21:3 24:6 members 20:20 97:6,8,15 98:3 34:14 41:16 42:3 25:9,14,24 26:13 22:3 56:23 59:9

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WHITE PLAINS PLANNING BOARD MEETING OF APRIL 21, 2020

TRANSCRIPT CORRECTION

(210-20) Mount Hope AME Zion Church – 65 Lake Street; B-3 Zoning District – One- year extension of site plan and special permit for construction of a building addition of 56 apartments. – Environmentally Sensitive Site. Common Council referral.

Transcript Page 66, Line 25: Leonard Gruenfeld recused himself from voting on this matter. He did not vote in favor of the motion stating no objection to approval of the one year extension.

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