1 1 STATE OF NEW YORK CITY OF YONKERS 2 ------X
3 MINUTES OF THE CITY OF YONKERS PLANNING BOARD 4 November 18, 2020 - 5:37 P.M. 5 at 6 VIRTUAL MEETING 7 PURSUANT TO GOVERNOR CUOMO'S EXECUTIVE ORDER 202.1 8 ------X 9
10 B E F O R E: 11 ROMAN KOZICKY, CHAIRMAN 12 DAWN BAKER, MEMBER MACKENZIE FORSBERG, MEMBER 13 MICHAEL GILLAN, MEMBER ADELIA LANDI, MEMBER 14 JOHN LARKIN, MEMBER
15 P R E S E N T:
16 LEE ELLMAN, PLANNING DIRECTOR CHRISTINE CARNEY, PLANNING DEPARTMENT 17 ALAIN NATCHEV, ASSISTANT CORP. COUNSEL GEORGE KUNTZ, CITY OF YONKERS 18
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5 2. Steven Accinelli - 70 Salisbury Rd (Held) 5 3. Stephen Veneruso - 470 Nepperhan Ave (Held) 5 6 4. Julio Leder-Luis - 88/94-100 Saratoga Ave (Held)5 5. James Gibbons - 1061 Nepperhan Ave (Held) 5 7 6. James Gibbons - 87 Waverly St 7 7. Thomas Haynes - 759 Palmer Rd 13 8 8. Leslie Snyder - 10 Executive Blvd (Held) 6 9. Nicholas Faustini - 868 Midland Ave 20 9 10. Keith Brown - 155 South Broadway 25 11. Janet Giris - 808 Central Park Ave 52 10 12. Tom Abillama - 43 Garfield St 60 13. Steven Accinelli - 76 Locust Hill Ave 64 11 14. Thomas Haynes - 155 Saw Mill River Rd 79 15. Janet Giris - 19-27 Tuckahoe Rd 83 12 16. Stuart Markowitz - 35 Vark St 99 17. Paul Berte - 1, 7, 11 Balint Dr 105 13 18. Mark Silberblatt - Landmarks Board Request 110 19. City Council Referral - Chicken Island, etc 120 14 20. City Council Referral - Solar Energy Collect. 128 21. City Council Referral - Nantucket Pl (Held) 6 15 22. City Council Referral - Corbalis Pl (Held) 6 23. City Council Referral - Byron Pl (Held) 6 16 24. City Council Referral - Winans Dr (Held) 6 25. City Council Referral - Montgomery Ave (Held) 6 17 26. Correspondence 132 - 134
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DIAMOND REPORTING 718-624-7200 Proceedings 3 1 THE CHAIRMAN: All right, this is a Planning
2 Board meeting pursuant to Governor Cuomo's Executive
3 Order 202.1. The City of Yonkers Planning Board is
4 conducting this Wednesday, November 18th, 2020
5 meeting. It is 5:37 in the evening, and it is a
6 distance virtual meeting.
7 There will be no in-person attendance at
8 this time. The meeting is being televised and is on
9 this virtual platform. If you need information on how
10 to attend the meeting, you can go to www.yonkersny.
11 gov.
12 Please note that any matter requiring a
13 public hearing will be heard after 7:00 p.m., and that
14 items may be taken out of order in order to
15 accommodate public comment or as the Board may deem
16 necessary.
17 We're going to move to Item number 1, which
18 are the minutes of the regular Planning Board meeting
19 that was held on October 14, 2020.
20 Ladies and gentlemen of the Board, you had
21 the opportunity to review those minutes. Are there
22 any changes or comments at this time?
23 Actually, George, can you unmute at this
24 time, can you unmute Corporate Counsel, Mr. Natchev,
25 the Planning Board members, Adelia Landi, Dawn Baker,
DIAMOND REPORTING 718-624-7200 Proceedings 4 1 Dr. Gillan, John Larkin, Mackenzie Forsberg.
2 MR. KUNTZ: I'm having a little bit of an
3 issue unmuting people, so I'm just going to let
4 everyone know you can unmute yourself, all the
5 members, by just pressing the button on the bottom.
6 THE CHAIRMAN: Ms. Forsberg, if you can
7 unmute yourself and, Lee. Also, our Stenographer,
8 there she is.
9 Any comments or changes to the minutes as
10 represented to us?
11 MS. FORSBERG: No.
12 THE CHAIRMAN: If not, I'll entertain a
13 motion to accept the minutes as presented.
14 MRS. LANDI: I make a motion to accept the
15 minutes as presented.
16 THE CHAIRMAN: Thank you, Mrs. Landi. Do I
17 have a second on that?
18 MR. LARKIN: Second.
19 THE CHAIRMAN: Seconded by Mr. Larkin.
20 Thank you.
21 All in favor, please indicate by saying aye.
22 (A chorus of ayes.)
23 THE CHAIRMAN: Oppose, nay.
24 That passes unanimously. Thank you very
25 much.
DIAMOND REPORTING 718-624-7200 Proceedings 5 1 Item number 2, is being held over. This is
2 the property at 70 Salisbury Road. This is being held
3 over at the applicant's request.
4 Item number 3 is also being held over.
5 Actually, there are a lot of items that are
6 being held over this evening in case there's anyone
7 out there waiting for them. Let me go through them
8 right now and, Christine, correct me if I'm wrong,
9 please, on any of them.
10 Being held over tonight, like I mentioned,
11 is Item number 2, 70 Salisbury Road;
12 Item number 3, 470 Nepperhan Avenue;
13 Item number 4, Christine, is that being held
14 over still, that's the Saratoga Avenue?
15 MR. ELLMAN: Mr. Chairman, I don't believe
16 that's being held over.
17 THE CHAIRMAN: Okay. Item number 5 is being
18 held over, that's the 1055, also known as 1061,
19 Nepperhan Avenue.
20 Item 7, the 759 Palmer Road item is being
21 held over.
22 MS. CARNEY: Mr. Chairman 759 Palmer Road
23 is being discussed. I got an e-mail this afternoon
24 that Mr. Haynes wants to discuss the matter.
25 THE CHAIRMAN: That's all right, I stand
DIAMOND REPORTING 718-624-7200 Proceedings 6 1 corrected, 759 Palmer Road will be on the agenda this
2 evening.
3 Item number 8, 10 Executive Boulevard, that
4 is being held over;
5 And then the items at the end of the agenda
6 having to do with declaration of public streets, all
7 of those items are being held over; that's Items 21,
8 22, 23, 24, and 25. Those have to do with Nantucket
9 Place, Corbalis Place, Byron Place, Winans Drive, and
10 Montgomery Avenue. Those items are being held over.
11 I'll announce it again as we get to the items, but
12 just in case there's someone out there or on this
13 meeting that was anticipating those to be on, they
14 will not be.
15 As I mentioned, we're moving to Item number
16 3, which is being held over at the applicant's
17 request.
18 We're going to move to Item number 4, which
19 is a site plan review for a proposed 26-unit
20 residential building at Block 36, Lots 27, 29, 30, and
21 31 on the property known as 88 and 94-100 Saratoga
22 Avenue pursuant to Article IX of the Yonkers Zoning
23 Ordinance.
24 Julio Leder-Luis is the representative for
25 the proposal.
DIAMOND REPORTING 718-624-7200 Proceedings 7 1 If you could unmute yourself, Mr. Luis. Is
2 there any representative here this evening for Item
3 number 4, which is Saratoga Avenue?
4 (No response.)
5 MR. KUNTZ: If you are on your phone, you
6 can just press star 6.
7 THE CHAIRMAN: All right, let's circle back
8 to that one, remind me of that later because we have a
9 long agenda, we'll circle back to Item number 4.
10 Item number 5 is being held over at the
11 applicant's request, that's the 1055, also known as
12 1061 Nepperhan Avenue.
13 Moving to Item number 6, ,Item number 6 is a
14 site plan review for a proposed parking lot to serve
15 92 Waverly Street at Block 476, Lots 14 and 17 on
16 property known as 87 Waverly Street pursuant to
17 Article IX of the Yonkers Zoning Ordinance.
18 James Gibbons is representative for the
19 proposal.
20 Mr. Gibbons.
21 MR. GIBBONS: Good evening, Mr. Chairman,
22 I'm here.
23 THE CHAIRMAN: Yes, go ahead.
24 MR. GIBBONS: I wanted to update the Board.
25 We had received comments from the Traffic Engineer and
DIAMOND REPORTING 718-624-7200 Proceedings 8 1 revised the plans to show safe pedestrian access from
2 the parking lot on Waverly over to the 92 Waverly.
3 We labeled the sign for the ADA space, no
4 parking for the adjacent spot to the ADA spot. We
5 revised the plans to show the pedestrian curbs, ramps,
6 and crosswalks to Waverly crossing the street, and
7 also showed the site plan to include the 92 Waverly
8 Street portion of the project. So, we took care of
9 the Traffic Engineer's comments.
10 Engineering had no comments from John
11 Mihalik, and Chief DeSantis, or Deputey Chief
12 DeSantis, had no comments either.
13 Planning Board comments, there were some
14 cars parked across the street. I spoke to my client,
15 Mr. Mitter(ph), and he did have the cars removed, all
16 except one. There has been a car there for the last
17 several weeks, it has a non-working transmission.
18 That is scheduled to be removed tomorrow, but that is
19 one of his employees over at 92 Waverly.
20 We've put the lighting plan on our plans.
21 The hours of operation for the parking lot will not go
22 past midnight on the weekends, and it could close as
23 early as 8:00 p.m. during the week, Monday through
24 Friday, unless there's a party, then it might go
25 towards 11:00 p.m.
DIAMOND REPORTING 718-624-7200 Proceedings 9 1 Let's see, there is a gate that we included
2 in the plan. We put some screening in even with the
3 chain-link fences to make sure that none of the
4 lighting that we propose will transfer beyond the
5 fencing and nothing exceeds point two foot-candles at
6 the edge of the property and the recommended lighting
7 levels are placed within the property.
8 That's a summation of what we've done since
9 last time we met. Thank you.
10 THE CHAIRMAN: Thank you, Mr. Gibbons. I
11 believe that covered all the basis we needed to cover,
12 but just in case, members of the Board, do we have any
13 questions for Mr. Gibbons?
14 MS. FORSBERG: No, I don't, I believe he
15 satisfied all the items.
16 THE CHAIRMAN: I'm sorry?
17 MS. FORSBERG: I just said no, I believe he
18 satisfied everything.
19 THE CHAIRMAN: Okay. Staff, are we good?
20 MR. ELLMAN: Yes, Mr. Chairman.
21 THE CHAIRMAN: Okay. That being the case, I
22 will entertain a motion for a negative declaration as
23 to SEQRA.
24 MRS. LANDI: I propose a negative
25 declaration as to SEQRA.
DIAMOND REPORTING 718-624-7200 Proceedings 10 1 THE CHAIRMAN: Thank you, Mrs. Landi. Do I
2 have a second on that?
3 MS. BAKER: Second, Dawn Baker.
4 THE CHAIRMAN: Second by Dawn, thank you.
5 All in favor, please indicate by saying aye.
6 (A chorus of ayes.)
7 THE CHAIRMAN: Oppose, nay.
8 That passes unanimously.
9 As to a resolution on the item itself.
10 MRS. LANDI: I'll read the resolution, Mr.
11 Chairman.
12 THE CHAIRMAN: Go ahead, Mrs. Landi.
13 MRS. LANDI: Okay, Mr. Chairman, this is a
14 resolution to approve a site plan application for a
15 parking lot at Block 476, Lots 14 and 17 on the
16 property known as 87 Waverly Street pursuant to
17 Article IX Yonkers Zoning Ordinance.
18 Findings:
19 1. The applicant is proposing to construct
20 a 21 car parking lot to serve the existing catering
21 facility at 92 Waverly Street.
22 2. The Zoning Board of Appeals approved an
23 application for dimensional variances at this site in
24 connection with this application on January 21, 2020.
25 3. The applicant has satisfied all of the
DIAMOND REPORTING 718-624-7200 Proceedings 11 1 outstanding questions from Engineering, Traffic
2 Engineering, and the Planning Bureau.
3 Oh, guess what, let me see, I just, oh, my
4 goodness, everything just went somewhere else. Let me
5 see if I can get back to -- I'm so sorry -- here we
6 go. No, not yet. Everything just went wild here.
7 Okay, here I go. I don't know what's happened, I may
8 not be able to do this. I'm reading it off of my
9 phone and my phone just let it go wherever it wanted
10 to go.
11 MR. LARKIN: Do you want me to take over,
12 Adelia, Mr. Chairman?
13 MRS. LANDI: I may have it again. Okay.
14 The site plan presented to the Planning
15 Board at its meeting of November 18, 2020 is approved
16 with the following conditions:
17 1. All conditions imposed by the Planning
18 Board and Zoning Board of Appeals shall remain in full
19 force and effect for the life of the project.
20 2. The applicant shall replace the sidewalk
21 and curbing on both sides of Waverly Street between
22 Maple Street and Nepperhan Avenue.
23 3. As per the City Traffic Engineer, the
24 applicant shall install pedestrian curb ramps and
25 crosswalks at Waverly Street at its intersection of
DIAMOND REPORTING 718-624-7200 Proceedings 12 1 Maple Avenue.
2 4. The parking lot light fixtures shall be
3 dimmed as per the Yonkers City Code in the evening.
4 5. The use or lease of parking spaces
5 either catering hall parking lot for parking any
6 vehicles not using the facility is expressly
7 prohibited.
8 The Planning Board renders its decision
9 based upon facts and findings available to it,
10 specifically.
11 1. Report by the Planning Bureau.
12 2. Report by the Traffic Engineer.
13 3. General knowledge of the area.
14 Mr. Chairman.
15 THE CHAIRMAN: Thank you, Mrs. Landi. Do we
16 have a second on that resolution?
17 MR. LARKIN: Second, John Larkin.
18 THE CHAIRMAN: Second by Mr. Larkin. Thank
19 you.
20 Mr. Gibbons, on behalf of the applicant, you
21 heard the proposed resolution and conditions. I
22 assume they're all understood, agreed upon, and
23 acceptable.
24 You'll need to unmute yourself, Mr. Gibbons.
25 MR. GIBBONS: Thank you, Mr. Chairman. We
DIAMOND REPORTING 718-624-7200 Proceedings 13 1 accept the conditions of the Planning Board.
2 THE CHAIRMAN: Okay. In that case, all in
3 favor of the resolution, please indicate by saying
4 aye.
5 (A chorus of ayes.)
6 THE CHAIRMAN: Oppose, nay.
7 That passes unanimously.
8 Thank you very much.
9 MR. GIBBONS: Thank you, and good evening.
10 THE CHAIRMAN: Have a good evening.
11 Item number 7, is a site plan review for a
12 proposed driveway ramp and retaining wall at Block
13 5638, Lot 48 on property known as 759 Palmer Road
14 pursuant to Article IX of the Yonkers Zoning
15 Ordinance.
16 Thomas Haynes is representative for the
17 proposal.
18 Mr. Haynes.
19 MR. KUNTZ: Mr. Haynes, your microphone
20 looks like it's on, but you might have your volume
21 off, we can't hear you.
22 MR. FAKS: Hi, everyone. My name is Albert
23 Faks, I am a project manager for this project at 759
24 Palmer Road. First, I would like to thank everyone
25 for allowing us to present today.
DIAMOND REPORTING 718-624-7200 Proceedings 14 1 I was on the meeting last month where there
2 were some questions and some issues that the Board
3 asked us to address. I think one of them was that
4 nobody was clear as to what we were proposing at the
5 building, so I'd like to explain. In the meantime,
6 Tom will fix his audio issues.
7 Right now when you go to the building,
8 there's a big construction trailer that's right up
9 front that we would like to remove. And there's this
10 big hole that's going to lead to a future driveway.
11 What we would like to do is actually pour the
12 driveway, build a retaining wall, and close up the
13 building so that if we need to drive in to the
14 building, we have a way to get in and drive in and
15 store whatever there is outside inside the building.
16 That is really the extent of the
17 application, and nothing more or less than that is
18 being proposed.
19 There were some questions with Engineering.
20 I spoke to the Engineer at the, in Yonkers, and I had
21 kind of clarified to him and sent him over a plan of
22 what was the old original approved site plan for the
23 project, and what work we're proposing to do today, or
24 whenever it's permitted.
25 THE CHAIRMAN: Okay, thank you, Mr. Faks.
DIAMOND REPORTING 718-624-7200 Proceedings 15 1 Lee, could you give us, my understanding is
2 that both the Planning Board approval and the Zoning
3 Board approval that previously were given with the
4 particular property project have expired, is that the
5 case?
6 MR. ELLMAN: That's correct.
7 THE CHAIRMAN: Okay. So, for all intents
8 and purposes, this is a first-time-on application for
9 someone to put a retaining wall on their property, is
10 that how we're treating this?
11 MR. ELLMAN: That is really how it's come
12 down to us, yes. And in a way, that's why it is
13 filled with such a strange application. Housing and
14 Building was trying to craft a way that they could get
15 permission to let this action happen, knew that they
16 couldn't take that action unilaterally, so was looking
17 to the Planning Board to give, what I guess we'd have
18 to call a, you know, a 10 percent site plan just so
19 that this piece of work can happen.
20 Now, from a staff perspective, we would like
21 to see, we've asked Mr. Haynes and his firm to go a
22 little bit farther on this and to come back to the
23 Board at our next meeting with both a cleanup plan, an
24 explanation of, actually, as Mr. Faks just gave us
25 some of that information, at which point we would be
DIAMOND REPORTING 718-624-7200 Proceedings 16 1 more willing to move forward with that small part of
2 the site plan.
3 THE CHAIRMAN: And then do they then follow
4 it up with an amended site plan that includes the
5 entire project, or do they come in with a new site
6 plan?
7 MR. ELLMAN: I don't -- it doesn't really
8 make a difference if it is called amended or if it is
9 called new, we treat both of them the same way. I
10 think we all recognize that whatever we do in the
11 short term, based on what was submitted by Mr. Haynes
12 for his client, is just an ends to see a means to, a
13 means to an end, to get the site moving.
14 THE CHAIRMAN: Yeah, I know that everybody
15 is interested in seeing the site progress to some sort
16 of finished product. And my understanding is cleaning
17 up your own property does not require a Planning Board
18 approval, so what triggered, what actually triggered
19 the necessity for this to become a Planning Board
20 issue?
21 MR. ELLMAN: Again, it was the retaining
22 wall and the driveway that with the other approvals
23 having expired, there was no site plan approval to do
24 any work. So, having a building this age, if the
25 applicant wants to put in a driveway and a trench
DIAMOND REPORTING 718-624-7200 Proceedings 17 1 drain to be able to get down to the basement to store
2 some of the construction materials that will be used
3 as they come forward to do the rest of the project,
4 the only way we can give them the driveway approval is
5 to get them at least a partial site plan. The
6 internal logic is not bad, it's just unusual.
7 THE CHAIRMAN: Right, I'm not familiar, not
8 that I'm not comfortable with it, but I'm not familiar
9 with something going in this avenue.
10 MR. ELLMAN: It is a, it's a combination to
11 try to move a project that, you know, as you said, has
12 a lot of people hoping that it would get started
13 forward.
14 THE CHAIRMAN: All right. So, I'm sorry, go
15 ahead, Mr. Faks, you wanted to say something?
16 MR. FAKS: Yes, I'm sorry to cut everyone
17 off. I precisely did what Mr. Ellman just asked on
18 October 28th, which was take the old approved site
19 plan, take the proposed site plan that Tom drafted up,
20 attach a markup of what we're proposing to do today,
21 and I did not hear back from anybody in, I don't know
22 if it's called the Planning or Building Department.
23 I'm sorry, I'm not familiar with the terms much, and I
24 thought that would have resolved anything.
25 I had spoken to the plan examiner, I believe
DIAMOND REPORTING 718-624-7200 Proceedings 18 1 his name was John Mihalik, I don't know if I'm getting
2 that properly. I don't know what more can be done
3 than to --
4 MR. ELLMAN: He's in Engineering, Mr. Faks.
5 So, I think, first off, you need to make sure you're
6 in the right church. John Mihalik is really off-site
7 issues in the Engineering Department. So, what I
8 suggest is perhaps we need to circle back with you in
9 the next couple of days so that we can move this off
10 of today's agenda onto our special meeting that I
11 think Ms. Carney talked with either you or Tom about,
12 and then we can straighten out where things need to
13 go.
14 MR. FAKS: Sure. As I open my e-mail, I see
15 you were also CC-ed on all the correspondence. I
16 understand, I just would like to get it done and kind
17 of have the streetscape be a little more friendlier to
18 everybody, that's all I'm trying to do.
19 THE CHAIRMAN: We appreciate that, that's
20 where everybody wants to go.
21 Lee, it would be good if we can get this
22 done for the special meeting so it won't have to wait
23 until our next monthly meeting. But, also, to keep in
24 mind, there's also heightened interest by the
25 residents in the area, the Councilman, the Zoning
DIAMOND REPORTING 718-624-7200 Proceedings 19 1 Board, to do something about the dangerous levels of
2 speed on that street, especially if there's going to
3 be construction going on. And there was a request
4 that the speed monitors that are there be reengaged.
5 So, just as a head's up, whatever we do, and
6 I believe we are moving towards a resolution that
7 would allow you to do this, we are probably going to
8 be requiring that those be reinstalled, reactivated.
9 So, you might want to get in touch with the company
10 that handles that so that you hit the ground running
11 and it doesn't hold you back later on.
12 MR. FAKS: Sure. So, this was discussed at
13 the last meeting, and I visited the site a few times
14 and looked for the traffic signs that you were talking
15 about. I only found one of them, but it doesn't seem
16 like it's connected to any sort of temp electric at
17 759 Palmer. And if it is, I'm more than happy to get
18 it up and running. I just need a little guidance, as
19 I'm not sure what's being asked.
20 THE CHAIRMAN: Okay. I think, first, would
21 probably be to get in touch with the company because
22 they were working previously, they were activated.
23 So, I think, Lee, in the discussions you're
24 going to have in the next several days with the
25 applicant, if you're going to put them on the right
DIAMOND REPORTING 718-624-7200 Proceedings 20 1 track with the company that would be able to speak to
2 that to get that reactivated as soon as possible.
3 MR. ELLMAN: Certainly.
4 THE CHAIRMAN: Okay. Let's leave it at
5 that then. Lee will set you in the right direction to
6 get that accomplished, as well.
7 All right. So, then, we look forward to
8 getting this back on track so that we can get you a
9 resolution at our special meeting to be coming up.
10 MR. FAKS: Thank you.
11 THE CHAIRMAN: Okay, thank you.
12 Item number 8 is actually being held over,
13 this was the property at 10 Executive Boulevard, no
14 action will be taken on Item number 8.
15 Also, I was just informed going back to Item
16 number 4, that item has also been held over at the
17 applicant's request, that was the property at Saratoga
18 Avenue. There will be no action, no presentation, any
19 discussion regarding Item number 4, Saratoga Avenue.
20 Moving to Item number 9, which is a site
21 plan review for proposed rear yard parking area at
22 Block 5066, Lot 8 on the property known as 868 Midland
23 Avenue pursuant to Article IX of the Yonkers Zoning
24 Ordinance.
25 Nicholas Faustini is representative for the
DIAMOND REPORTING 718-624-7200 Proceedings 21 1 proposal.
2 Mr. Faustini.
3 MR. FAUSTINI: Yes, hi, how are you?
4 THE CHAIRMAN: Good.
5 MR. FAUSTINI: We presented the application
6 last month at the Planning Board meeting in October
7 for a new rear parking area at 868 Midland Avenue in
8 the rear yard. This is a corner property, so it's
9 accessed from Gardner Place, which is the front side
10 yard of the building by the property.
11 We discussed the application last month. It
12 does include three new parking spaces, one is an ADA
13 space. Not really taking any cars off the street
14 because we're replacing them off the street.
15 I believe we were just adjourning to this
16 meeting to see if there were any further questions.
17 THE CHAIRMAN: I believe, was there just an
18 issue of delineating the cross, the sidewalk, from the
19 driveway, was that brought up by the Engineering
20 Department or Traffic?
21 MR. FAUSTINI: They didn't ask for the
22 delineation, they just had general concerns about the
23 location of the parking spaces relative to the street.
24 We're more than happy to delineate the sidewalk in
25 some way if that's the preference of Traffic, but I
DIAMOND REPORTING 718-624-7200 Proceedings 22 1 haven't received any correspondence asking for it just
2 yet.
3 THE CHAIRMAN: I don't see it in our
4 proposed resolution. Lee, is --
5 MR. ELLMAN: They had no Traffic
6 Engineering problem with it. Of course, the problem
7 was that the proposal would have cars backing out over
8 the sidewalk, but the Zoning, you know, our sense of
9 it is that the Zoning Board granted the variance.
10 It's a low impact use, not very many cars, not a busy
11 side street, and we will get Engineering involved with
12 the requirement that the sidewalks be replaced, which
13 requires that Engineering sign off on the work that's
14 done.
15 THE CHAIRMAN: All right. So, we'll allow
16 that to work itself out then. All right, I'm fine
17 with that.
18 Members of the Board, do we have questions
19 for the applicant? Staff, we're good?
20 MR. ELLMAN: We're good, yes.
21 THE CHAIRMAN: All right. In that case,
22 I'll entertain a motion for a negative declaration as
23 to SEQRA on this item.
24 MS. BAKER: So moved by Dawn Baker.
25 THE CHAIRMAN: So moved by Ms. Baker.
DIAMOND REPORTING 718-624-7200 Proceedings 23 1 Seconded by --
2 MRS. LANDI: Mrs. Landi.
3 THE CHAIRMAN: -- Mrs. Landi.
4 All in favor, please indicate by saying aye.
5 (A chorus of ayes.)
6 THE CHAIRMAN: Oppose, nay.
7 That passes unanimously.
8 Thank you very much.
9 Now a resolution on the item itself.
10 MS. BAKER: Mr. Chairman, Dawn Baker, I have
11 a resolution.
12 THE CHAIRMAN: Yes, please, Ms. Baker.
13 MS. BAKER: Mr. Chairman, in front of me I
14 have a resolution to approve a site plan application
15 for a rear parking area at Block 5066, Lot 8 on the
16 property known as 868 Midland Avenue pursuant to
17 Article IX Yonkers Zoning Ordinance.
18 Findings:
19 1. The applicant is proposing to convert
20 the existing vacant bagel store to a construction
21 office with three rear parking spaces.
22 2. The Zoning Board of Appeals approved
23 area variance at this site in connection with this
24 application.
25 3. The applicant has satisfied all of the
DIAMOND REPORTING 718-624-7200 Proceedings 24 1 outstanding questions from both the Planning Board and
2 Planning Bureau.
3 The site plan presented to the Planning
4 Board at its meeting of November 18, 2020 is approved
5 with the following conditions:
6 1. All conditions imposed by the Planning
7 Board and Zoning Board of Appeals shall remain in the
8 full force and effect for the life of the project.
9 2. The applicant; shall replace the
10 sidewalk on both the Midland Avenue and Cerone Avenue
11 side of the site in conjunction with the creation of
12 the new curb cut and driveway apron.
13 3. The parking lot light fixture shall be
14 dimmed as per the Yonkers City Code after close of
15 business in the evening.
16 The Planning Board renders its decision
17 based upon facts and findings available to it,
18 specifically:
19 1. Report by the Planning Bureau.
20 2. General knowledge of the area.
21 Mr. Chairman.
22 THE CHAIRMAN: Thank you, Ms. Baker.
23 Do I have a second on that proposed
24 resolution?
25 MRS. LANDI: Second.
DIAMOND REPORTING 718-624-7200 Proceedings 25 1 THE CHAIRMAN: Second by Mrs. Landi.
2 Mr. Faustini, you heard the proposed
3 resolution and the conditions. On behalf of the
4 applicant, I assume they're all understood and agreed
5 upon.
6 MR. FAUSTINI: Yes.
7 THE CHAIRMAN: That being the case, I'll
8 move to vote. All in favor, please indicate by saying
9 aye.
10 (A chorus of ayes.)
11 THE CHAIRMAN: Oppose, nay.
12 That passes unanimously.
13 Thank you very much.
14 MR. FAUSTINI: Thank you. Have a good
15 evening.
16 THE CHAIRMAN: Thank you. You, too.
17 Item number 10 is a site plan review for a
18 proposed side-by-side drive-thru at the existing
19 McDonalds Restaurant, and associated site improvements
20 at Block 188, Lot 11 on the property known as 155
21 South Broadway pursuant to Article IX of the Yonkers
22 Zoning Ordinance.
23 Keith Brown representative for the proposal.
24 Mr. Brown.
25 You need to unmute yourself.
DIAMOND REPORTING 718-624-7200 Proceedings 26 1 MR. BROWN: Hi. I thought I had. Good
2 evening, Mr. Chairman, members of the Board. Can you
3 hear me okay?
4 THE CHAIRMAN: Yes.
5 MR. BROWN: Okay, great. Thank you.
6 So, my name is Keith Brown. I'm with the
7 law firm of Brown Altman & DeLeo, LLP, 538 Broad
8 Hollow Road, Suite 301 west, Melville, New York.
9 I'm here tonight with respect to McDonald's
10 site plan application to renovate the existing
11 McDonald's Restaurant and convert the tandem
12 drive-thru in what we effectually call the side-by-
13 side drive-thru at the property located at 155 South
14 Broadway.
15 You may recall that we were before the Board
16 last month on October 14th. There were some questions
17 that were raised relative to the signage plans that
18 were not received by the Planning staff, so we had
19 forwarded a set of those over to Mr. Ellman
20 immediately following the hearing and upon receipt by
21 my office.
22 And we just received yesterday an e-mail
23 from the town Engineering Department relative to the
24 area in the --
25 THE CHAIRMAN: Mr. Brown, can you just
DIAMOND REPORTING 718-624-7200 Proceedings 27 1 repeat that? I missed that.
2 MR. BROWN: That's okay. So, I was just
3 saying that there was a question raised by the
4 Engineering Department relative to pedestrian access
5 in the new entrance and vestibule that's being
6 constructed. And that is contained in the inset of
7 drawing C003. You can see there's a box inset and
8 that refers to an enlargement in the upper left-hand
9 corner of the drawing that shows not only the new 43
10 square foot vestibule but, also, the new handicap ramp
11 with a railing similar to what's located there now.
12 We did submit photographs of the existing
13 conditions. And as you can see, there is an existing
14 brick wall with some fold wrought iron railing that's
15 in between it. And it's going to be very similar to
16 what's going to appear once the restaurant is
17 remodeled.
18 So, unless the Board has any questions, we
19 were asking that the site plans could be approved as
20 it's been presented. We are showing the two signs,
21 which I will indicate also on that same site plan
22 drawing, Mr. Ellman was questioning last month, but
23 they're clearly indicated on the site plan as PY.
24 There's one in the upper left-hand corner, the north-
25 west corner by Vark Street, and the other is where the
DIAMOND REPORTING 718-624-7200 Proceedings 28 1 existing sign is today on the South Broadway side, the
2 right-hand side of the entrance.
3 So, that's pretty much our presentation
4 tonight. We hope we've addressed all of the concerns
5 that the Board has.
6 THE CHAIRMAN: Thank you, Mr. Brown. I do
7 have, going into tonight's meeting, notes that there
8 were still issues regarding that the pedestrian access
9 and the signs on the Vark Street two-way. So, I don't
10 know if Engineering is entirely satisfied with what
11 you just mentioned. I know you made mention to the
12 narrative that was given in the meeting last month. I
13 don't know if that was enough to satisfy them, but now
14 you're saying, I can't find the part that you're
15 talking about, drawing C3 did you say, C like Charlie?
16 MR. BROWN: C like Charlie, 3, correct.
17 THE CHAIRMAN: I have A and SG, I don't have
18 a C. But, Lee, could you possibly give us an update
19 on what Engineering is still referring to that they're
20 looking for?
21 MR. ELLMAN: Engineering is still trying to
22 understand how there is safe access across the twin
23 drive-thrus to the southern entrance to the building.
24 So, there's nothing that shows on the site plan where
25 there would be a sidewalk or a crosswalk. It seems to
DIAMOND REPORTING 718-624-7200 Proceedings 29 1 be more taken up than not by the drive-thrus.
2 MR. BROWN: Lee, I don't understand the
3 comment.
4 MR. ELLMAN: Mr. Brown, you're the
5 applicant, can you put the plans up on the screen,
6 please?
7 MR. BROWN: I can't, but I can ask my
8 engineer Jared Jones if he can do that.
9 MR. ELLMAN: Okay, that's great, someone
10 from your side.
11 MS. FORSBERG: We need to see where the
12 pedestrians would go.
13 There we go.
14 MR. JONES: So, as the site currently
15 exists, the pedestrians can park in the southern area,
16 basically, two options, they can walk across the
17 drive-thru now to get to the sidewalk here, or they
18 walk into the street and then come up and come through
19 here. (Indicating.)
20 MR. BROWN: Mr. Chairman, does the Board
21 need to swear Mr. Jones in?
22 THE CHAIRMAN: You don't need to be sworn
23 in as long as the stenographer has his name.
24 MR. BROWN: Okay, Jared Jones, thank you.
25 MR. JONES: So, on the proposed plan, what
DIAMOND REPORTING 718-624-7200 Proceedings 30 1 we were --
2 THE CHAIRMAN: We're getting an echo. Is
3 someone on the phone and the computer?
4 MR. KUNTZ: Jared, are you on your phone?
5 MR. JONES: No, I'm on the computer.
6 MR. KUNTZ: All right, did you want to share
7 a document?
8 MR. JONES: I am showing you a document
9 currently.
10 THE CHAIRMAN: Try again.
11 MR. JONES: So, in the new condition, all
12 the customers will come to the street to walk to this
13 new ramp that's installed.
14 Now, if there's concern, I guess from
15 Planning, about this area right here, we can make this
16 concrete sidewalk so that there's a shorter path
17 instead of having to walk to the right-of-way, but,
18 essentially, we're keeping it the same and sending
19 people to the sidewalk as opposed to this sidewalk
20 that was currently here, which quite frankly, if you
21 have people picking up their food, looking in their
22 bags, they can be driving away, so we want to direct
23 people away from this area.
24 MR. BROWN: Yes, Mr. Chairman, that's a very
25 important consideration. We are not changing what's
DIAMOND REPORTING 718-624-7200 Proceedings 31 1 there currently. In fact, we are being very
2 consistent with that. If you look at the street view
3 looking in a westerly direction from South Broadway,
4 there is no pedestrian access. A pedestrian would
5 have to go to the sidewalk, walk northbound along the
6 sidewalk, and then enter the restaurant in the same
7 location they would enter it after the renovation.
8 So, if the Board prefers, as Mr. Jones
9 indicated, we can remove the railing, and I have to
10 double check with my client who can text me, he's
11 listening in, and maybe Mr. Jones can show on the
12 cursor the end of where the walkway kind of meets the
13 parking lot. We could remove that handrail there if
14 the Board prefers, and then pedestrians could walk
15 straight there, but the idea was to keep them on the
16 sidewalk the way they enter today, which would be more
17 consistent and probably the preferred method by
18 McDonald's I would say.
19 MR. JONES: And, Keith, just to clarify the
20 handrail we're making, basically, to this point, this
21 would extend the sidewalk versus landscaping so that
22 customers can pick up the sidewalk here, just to
23 clarify. Sorry, Keith.
24 MR. BROWN: That's a good point. So, I'm
25 not sure if Engineering really understands, but I'm
DIAMOND REPORTING 718-624-7200 Proceedings 32 1 hopeful that this Board in looking at the drawing and
2 listening to the explanation understands that we're
3 really not changing anything from what is there today.
4 THE CHAIRMAN: Okay. Well, just because it
5 exists that way today doesn't mean we can't make it
6 better. And I see what you're saying, but I think
7 what they're looking for is the safe walk from the,
8 through the parking lot, or through the exit, for
9 people that are on the sidewalk onto that. So, they
10 may be looking for a crosswalk of some sort both from
11 the south side going into that channel that brings
12 them into, or across, for cars parked on the upper
13 part of that southerly side going across.
14 I'm not going to guess what Engineering is
15 going to be looking for, but I think it's something
16 along those lines to make it a safer passage for the
17 pedestrians to get to the point where you're talking
18 about right now.
19 MR. BROWN: If I may, Mr. Chairman, I also
20 want to point out, and, Jared, correct me if I'm
21 wrong, but there's an additional entrance that's
22 further up. And when I say further up, further to the
23 west, more similar to where the pickup area is of the
24 current drive-thru that has the overhang, that's being
25 eliminated, right, Jared?
DIAMOND REPORTING 718-624-7200 Proceedings 33 1 MR. JONES: Correct. You're talking about
2 this area here. (Indicating.)
3 MR. BROWN: Yes. That's being eliminated.
4 MR. JONES: Yes.
5 MR. BROWN: It's almost where there's a car
6 port, so patrons will no longer be able to walk all
7 the way up there. So, that might be providing some
8 confusion by Engineering. Because, I'll tell you, the
9 way it's designed now, and Mr. Jones can certainly
10 amplify what I'm saying, there was an idea to kind of
11 desegregate the pedestrians from the vehicular
12 traffic. And any pedestrians that park their cars
13 that want to enter into the McDonald's, which these
14 days is a smaller number that has been over the years
15 because of the expansion of the drive-thru offerings
16 and the drive-thru capacity, which is one of the main
17 reasons for this application, by the way, they can do
18 so by walking through the parking facility out through
19 the sidewalk and be in a much safer position because
20 they are now being separated by the handrail and the
21 walkway that's shown in the enlargement.
22 So, I'm sure that this would be the
23 preferred version, you know, of the pedestrian access.
24 And I think, you know, I think we can all agree, it's
25 much more safe than what we have there now.
DIAMOND REPORTING 718-624-7200 Proceedings 34 1 THE CHAIRMAN: Have you had a direct
2 conversation with Engineering, or are you just getting
3 their written reports?
4 MR. BROWN: I'm just getting their written
5 reports.
6 THE CHAIRMAN: Lee, would it be possible to
7 have them speak directly with someone from Engineering
8 so that they can get on the same page?
9 MR. ELLMAN: Mr. Chairman, I can put
10 together, we can put together, a Zoom meeting with
11 Engineering and Planning.
12 I mean, one of the things that concerns me
13 is that I'm hearing that we are enlarging and taking
14 care of the automotive end of this, but we're telling
15 people to walk out a driveway to get to a, quote,
16 safer location. I think what Traffic Engineering is
17 concerned with, and certainly the more I hear about
18 it, the more I'm concerned about it, is that maybe the
19 side entrance that's right next to, that's in the
20 driveway aisle needs to be closed, maybe we need to
21 show a different way, or signage, to get people out of
22 the parking lot more conveniently, and maybe we need
23 to take down some wall so that we're not having a
24 spared driveway for pedestrian access or where the
25 cars are coming out.
DIAMOND REPORTING 718-624-7200 Proceedings 35 1 MR. BROWN: Mr. Chairman, if I may, can I
2 have Mr. Paul Going share the screen shot of the
3 street view to understand what it is?
4 Mr. Ellman, with all due respect, because I
5 appreciate your opinion, but we are eliminating that
6 entrance that you're referring to. So, you can see it
7 there. If someone can use their cursor, thank you.
8 MR. ELLMAN: I see it.
9 MR. BROWN: That entrance is being
10 eliminated. So, we are trying to make sure that
11 pedestrians won't be walking and conflicting with cars
12 that are leaving the drive-thru. So, they're now, the
13 pedestrians would move out to the sidewalk where they
14 can walk right into the front of the restaurant. And
15 it just makes it much cleaner in terms of how the
16 pedestrians will want to park their cars and enter
17 into the facility.
18 So, I know in speaking with Mr. Jones and
19 Mr. Going, our traffic expert, and McDonald's, that
20 this is the preferred methodology, and it's really not
21 that different than from what's there now, except that
22 it's making it better, to your point, Mr. Chairman.
23 MR. JONES: If I may, as well. The door
24 here at the front is being essentially put to the
25 west, and a new ramp is being installed to the
DIAMOND REPORTING 718-624-7200 Proceedings 36 1 sidewalk in the street so that we can comply with ADA
2 requirements, slopes and things of that nature. So,
3 to Mr. Brown's point, that door that's closest to the
4 pickup point is being removed, so there's really no
5 need for pedestrians to have that sidewalk that's up
6 against the building and to send them to the right-of-
7 way which is a safer location to the sidewalk.
8 MS. CARNEY: Mr. Chairman, if I may. It's
9 Christine Carney, Senior Planner.
10 Mr. Jones, can you put up the proposed plan,
11 please?
12 MR. JONES: Yes.
13 MS. CARNEY: Thank you. I think there's a
14 little bit of confusion as with pedestrians. It's not
15 people walking up to McDonald's from the street, it's
16 people that park where you have that octagonal number
17 10 space in the southern lot. Right now you have a
18 pedestrian area refuge in a small graveled curved area
19 at the south most corner of the lot. So, when I drove
20 past this afternoon, and I drive past almost every day
21 on my routing, if someone parks, say, where that
22 octagonal number 10 is, and they would like to access
23 the restaurant, currently, if someone is coming out or
24 if it's a strange situation, they can take pedestrian
25 safe refuge to walk into the front of that McDonald's
DIAMOND REPORTING 718-624-7200 Proceedings 37 1 on that gravel area.
2 So, as the site plan is presented here,
3 there is no way for anybody to get from that octagonal
4 10 to the front door without either running into
5 issues or someone running into them who's looking for
6 a prize in a bottom of a bag that has to park in your
7 perpendicular spaces at the southern most corner.
8 It's not pedestrians from South Broadway, it's
9 pedestrians from that southern strip of parking,
10 because now you have twice the amount of cars coming
11 out into that exit lane.
12 MR. JONES: Okay.
13 MS. CARNEY: That's the pedestrian traffic,
14 it's not the pedestrians from the sidewalk, how do you
15 get from octagonal 10 into the front of the
16 restaurant?
17 MR. BROWN: Yes. Mr. Jones, do you want to
18 address that?
19 MR. JONES: Yes. So, I guess there's two
20 things, right, we're talking about the sidewalk down
21 here to the -- So, we're talking about expanding this
22 sidewalk down here to address the comment from
23 pedestrians that would be in this area walking into
24 the restaurant.
25 Now, in the existing condition, again, we're
DIAMOND REPORTING 718-624-7200 Proceedings 38 1 talking about customers in this area walking across
2 here to get to the restaurant. They can also walk
3 across here, which is arguably the least safe spot.
4 So, I believe the comment is really related to we have
5 to give them a refuge somewhere in this area that they
6 can walk to a sidewalk and stand. So, if we need to
7 add an existing sidewalk here where a customer
8 can walk across and stop here until a car drives
9 across, we can absolutely do that, that's not an
10 issue.
11 MR. BROWN: Yes, we can absolutely add a
12 sidewalk.
13 MS. CARNEY: That's something Traffic
14 Engineering is looking for. And, also, those
15 perpendicular fixtures are very troublesome, because
16 once someone is pulling out of the drive-thru digging
17 through a bag, realizing a piece of their order is not
18 there, or needs to do a large order, as indicated at
19 the last meeting, someone can just pull directly into
20 those spots, and that's dangerous for a pedestrian.
21 That's why Traffic Engineering had listed and
22 initially found that those perpendicular spots be
23 removed. If someone has an order issue, they can pull
24 into the lot elsewhere.
25 MR. BROWN: So, Ms. Carney, a good solution
DIAMOND REPORTING 718-624-7200 Proceedings 39 1 that would satisfy both staff, the Board and
2 Engineering, would be to do a crosswalk from the cross
3 hatch area near the number 10 that you're referring to
4 north across to the island and then again another
5 crosswalk where the stop bar is --
6 MS. CARNEY: That could potentially be a
7 solution, but we'd have to work it out with
8 Engineering and Traffic Engineering and see if that
9 satisfies their comment.
10 MR. BROWN: If there's any way possible, if
11 we can condition the approval on it, we'd like to just
12 get through this as best we can tonight. It seems
13 like, I don't believe there's a signage issue anymore
14 since we presented the signage plans that were
15 requested.
16 MS. CARNEY: If they want to move to signage
17 issues, we can if anybody has any questions.
18 MS. FORSBERG: Can you elaborate on the
19 electronic messaging center that's in your narrative?
20 Can you explain what that looks like, what kind of an
21 electronic messaging center it is, because I know that
22 we've gone through these applications with McDonald's
23 and their comparable establishments, and there are
24 some issues with signage.
25 MR. BROWN: Okay, is there a specific
DIAMOND REPORTING 718-624-7200 Proceedings 40 1 question relative --
2 MS. FORSBERG: Your electronic messaging
3 center, what is that, what does it look like? You
4 pull up, there's a menu, there's a discussion, how
5 does it work?
6 MR. BROWN: Jarred, do you want to address
7 that, and can you pull up the actual image from the
8 sign plans?
9 MR. KUNTZ: You're muted.
10 MR. JONES: I'm sorry. Give me one second I
11 have to go into my system.
12 MR. BROWN: Sure, no problem.
13 MS. FORSBERG: And the same signs, why
14 aren't you able to replace the current signs, the
15 signage, that you have now? The renovated McDonald's
16 I believe has different signage as compared to the
17 20-foot signs.
18 MR. BROWN: I just want to be clear, first,
19 we're talking about the menu boards?
20 MS. FORSBERG: Yes, I was just asking if
21 Mr. Jones can elaborate --
22 MR. JONES: I believe you're talking about
23 the Pylon sign that has this electronic message
24 center?
25 MS. FORSBERG: Yes. Oh, that's what you're
DIAMOND REPORTING 718-624-7200 Proceedings 41 1 talking about, okay.
2 MR. JONES: Yes, this is on the Pylon sign.
3 Typically what that will display is any specials that
4 the restaurant is offering for that day, or week, any
5 national McDonald's things, specials that they have,
6 that they have wifi available, whatever coffee
7 specials are, things like that.
8 MS. FORSBERG: That was a concern that I
9 had because Lee or someone from the Bureau, if you can
10 weigh in on this, I'm not sure if those are allowed.
11 MR. ELLMAN: What the, the City Sign Code,
12 in fact, doesn't allowed changeable copy signs.
13 What's the refresh rate for those? I mean, are you
14 talking about a sign that is the equivalent of an old
15 fashion movie marque, or are you talking about
16 something that's --
17 MR. JONES: Probably somewhere in between.
18 It's not changing where it's changing, like, every
19 minute, but it does change frequently. There are
20 adjustments that they can make to it to limit how
21 frequent it changes, but it's probably somewhere in
22 between.
23 MR. ELLMAN: And, then, the other, this is
24 sort of the essential question that we've been
25 thinking about in the staff area when, typically,
DIAMOND REPORTING 718-624-7200 Proceedings 42 1 McDonald's is in and of itself a huge sign, and would
2 there be ability to see this location is barely a
3 couple of hundred feet in either direction, why is
4 there a need for a 20-foot, two 20-foot, signs plus
5 the shape of the building plus the signage on the
6 building?
7 MR. JONES: Well, we're not changing any
8 existing conditions significantly.
9 MR. ELLMAN: You're adding the second sign.
10 MR. JONES: Yes, but the two, I don't know
11 exactly what the square footage of this sign is, but
12 the existing sign is approximately the same square
13 footage of these two signs. So, we're positioning
14 them a little better to pick up traffic coming down
15 South Broadway, as well as picking up traffic coming
16 down Vark.
17 MR. ELLMAN: So, you're convention is that
18 someone coming up the hill from Vark onto South
19 Broadway when there is a McDonald's storefront sign
20 and the McDonald's South Broadway sign, your client
21 needs another sign on Vark Street?
22 MR. BROWN: Yeah, I would also add --
23 MR. ELLMAN: I mean, I guess I'm restating
24 what is the obvious.
25 MR. BROWN: Well, when you look at what's
DIAMOND REPORTING 718-624-7200 Proceedings 43 1 there now, the existing Pylon sign has the original
2 kind of golden arches with McDonald's name across,
3 it's kind of one of the original like, you know, three
4 million hamburgers sold here type signs, and what
5 we're doing is eliminating that sign and replacing it
6 with two much more modest signs at the entranceways,
7 the one on Vark and the one on South Broadway to
8 direct patrons who are arriving by vehicle that that's
9 where they can, you know, enter the site.
10 So, I think the idea is that, you know,
11 we're eliminating the large dated sign and replacing
12 it with two modest signs that are probably half the
13 proportion, if not more. Is that fair to say, Jared?
14 MR. JONES: It's probably somewhere in that
15 ballpark, yes.
16 MR. BROWN: So, I guess what I'm saying is
17 we're not adding the sign for the sake of adding it,
18 we're actually trying to make the situation better by
19 making it more practical for McDonald's itself.
20 Yes, Paul, if you can pull up the street
21 view showing the existing sign so that the Board
22 members can see what's there now compared to what
23 we're proposing, which is only, I believe, what is it,
24 20 square feet, Jared?
25 MR. JONES: No, the M is 25, and the C is
DIAMOND REPORTING 718-624-7200 Proceedings 44 1 another 12-and-change.
2 MR. BROWN: So, there you have the existing
3 Pylon sign, which is much larger than what's being
4 proposed.
5 MS. CARNEY: Mr. Brown, it's Christine
6 Carney. Why can't you just put the one smaller modest
7 sign in the sign's current location where the arches
8 are?
9 MR. GOING: As you come down Vark Street --
10 MR. BROWN: This is Paul Going.
11 MR. GOING: Yes, my name is Paul Going with
12 Planning and Traffic.
13 As you come down Vark Street, you can
14 actually not really see the existing sign very well
15 because of the green area and the retaining wall, as
16 well as the positioning of the sign.
17 MS. FORSBERG: And you'll be able to see
18 the two signs better? Are they taller?
19 MR. GOING: The first sign will be located
20 where I'm showing now. So, this alerts the driver to
21 make the right-hand turn and to come down and then
22 enter off the South Broadway entrance.
23 MS. FORSBERG: So, you get to the
24 intersection and realize there's a McDonald's there
25 and can make a quick right.
DIAMOND REPORTING 718-624-7200 Proceedings 45 1 MR. BROWN: Right. And the second sign is
2 right about where that shrub is to the south of that
3 tree. There it is.
4 MS. FORSBERG: Will the restaurant be open,
5 do you intend for it to remain open, while you create
6 these two lanes? Because we had that issue with
7 Nepperhan.
8 MR. BROWN: I'll defer to Mr. Jones on the
9 construction schedule.
10 MR. JONES: Yeah, basically, the building
11 renovation that has to happen here, this is going to
12 be shut down completely while they do the building and
13 the site work.
14 MS. FORSBERG: That's what I would have
15 thought.
16 MR. JONES: Yeah, this is a whole different
17 class than Nepperhan.
18 MS. FORSBERG: Yeah, when they first
19 proposed Nepperhan, they intended to keep it open. I
20 know they changed it, but that was a concern I had at
21 the beginning there, as well.
22 The exits, do you intend to make both exits
23 left turn -- no left turns? I'm sorry.
24 MR. BROWN: No left turns. I believe we
25 covered that last time. There's a sign there;
DIAMOND REPORTING 718-624-7200 Proceedings 46 1 correct, Jared?
2 MR. JONES: Yes. Yeah, we have signage on
3 there that says right turn only, so they're intended
4 to be obviously right turns.
5 MS. FORSBERG: Okay.
6 MR. BROWN: Yep, there's a right turn only
7 on Vark Street and a right turn only on South
8 Broadway.
9 If we can, Paul, if you don't mind going
10 back to the street view. Let's return back to the
11 walkway if you could,.
12 MR. GOING: Sure.
13 MR. BROWN: And what I would like is to get
14 everyone to avoid the confusion and clarify. If we
15 created a crosswalk northbound to go from where the
16 number 10 octagon is in that cross hatching across to
17 the island on the other side, then there they would be
18 crossing any traffic that's going through the parking
19 lot. And then the pedestrian can make a right turn,
20 and we can add a crosswalk where the stop bar is, and
21 they can have their landing area be on the other side
22 of the curb, which then they could make their way
23 through the ADA ramp and into the vestibule.
24 MS. CARNEY: That could potentially be a
25 solution, but we need to see that on plans and send it
DIAMOND REPORTING 718-624-7200 Proceedings 47 1 to our Traffic Engineer and Engineering Department.
2 MR. BROWN: Is there any way, Mr. Chairman,
3 we could condition the site plan approval on the
4 satisfaction of the Engineering Department with
5 regards to pedestrian access?
6 THE CHAIRMAN: Well, no, because you're
7 going to be changing the site plan significantly.
8 We're going to need to have that feature on the plan
9 if we're going to approve the plan. So, I would
10 suggest that you -- I would shoot it by them first
11 because it seems to satisfy us and staff, but just to
12 make sure it satisfies Engineering, as well, so that
13 we're all on the same page. And then we can have the,
14 if it's okay with them, and it works, then we'll have
15 it, have the revised plans ready for us next time.
16 And the only issue is then with the sign, which I can
17 see the reasoning behind the two signs and the
18 reduction of the sign size.
19 So, I don't know, staff, if you still have
20 an issue with the sign, or is this the only remaining
21 issue that we have? Staff, yes, no? Lee, you're
22 muted.
23 MR. ELLMAN: I still wonder about the sign
24 at Vark. I mean, we're talking about additional
25 signage that you're not going to be able, I think,
DIAMOND REPORTING 718-624-7200 Proceedings 48 1 you're not going to be able to see from Vark coming
2 eastbound because of the other vegetation, the
3 retaining wall, stuff on the hospital site, but let me
4 look at it again as we're looking at traffic issues.
5 THE CHAIRMAN: Okay. And, then, did we also
6 finally nail down what this, the changing sign, the
7 amount of change that's going to be on it, you know,
8 how many times the message is going to be changing. I
9 know it was said somewhere in the middle, but where is
10 somewhere in the middle?
11 MR. ELLMAN: According to the strict letter
12 of the Sign Code, changeable copy signs are not
13 permissible under our Sign Code. Now, I mean, Mr.
14 Brown is welcome to argue that that's archaic today, I
15 probably would not disagree with him, but at the
16 moment, they're not permitted. I can get that to the
17 Board, chapter and verse.
18 MR. BROWN: Right. And what we discovered
19 when dealing with this issue is, you know, the old red
20 LED signs that were frequent, that flashed images
21 across, whether they were sales, or whatnot, those are
22 what most municipalities are concerned about,
23 something like that. And I was going to video it and
24 have it handy for the Board to look at as to what we
25 all agree should be prohibited.
DIAMOND REPORTING 718-624-7200 Proceedings 49 1 But this LED messaging center is not like
2 that at all, it simply shows whatever the special
3 offering is, you know, for the day. It's not
4 intermittent, it does not flash, it's meant to be a
5 stationary sign. It's just that they want the ability
6 that they could, using a computer, change whatever
7 that offering is, you know, with very --
8 THE CHAIRMAN: Mr. Brown, I don't mean to
9 cut you off, I understand that, I understand your
10 point but, Mr. Ellman, is your point that the law, the
11 regulation right now, is what it is, and unless it
12 changes, we don't have the ability to allow it, is
13 that what you're saying?
14 MR. ELLMAN: That's my understanding of it,
15 that's my take of the Sign Code, yes. That becomes a
16 matter of whether or not it's there or not, but then
17 there's the other question of number of signs and
18 placement. I'll get the Board and Mr. Brown chapter
19 and verse on that.
20 MR. BROWN: Yeah, my question would be, Mr.
21 Chairman, if we would be able to have the messaging
22 center so it was only put up once a day. So, in other
23 words, it would just change over when the sign went
24 down, it would just simply be a matter, so it wouldn't
25 be intermittent, it wouldn't flash, it would just
DIAMOND REPORTING 718-624-7200 Proceedings 50 1 change whatever the daily offering would be.
2 THE CHAIRMAN: Mr. Brown, I understand what
3 you're proposing, I'm just saying I don't know if
4 that's what's in our purview, the regulations. If we
5 say that we're good with it and then you go for your
6 sign permit and they turn you down, you're not going
7 to be able to say yeah, but the Planning Board said it
8 was okay.
9 MR. BROWN: Right. I understand, and I do
10 understand the position, it's not the first time we've
11 come across it. And I just want to be clear on my end
12 that we're not talking about anything intermittent or
13 flashing, we want it to be as stationary as stationary
14 can be, we just want to have the ability to change it,
15 say, once a day.
16 THE CHAIRMAN: All right. Well, Lee, let's
17 go in the way that you proposed. So, let's get the
18 Traffic and Engineering on Board with the proposed
19 change. If in concept, they're good with it, have the
20 plans modified to show those crosswalks, I don't know
21 what to do about the sign.
22 Board members, how about can we hear from
23 all of you about how you feel about a second sign?
24 MS. FORSBERG: I do think that the second
25 sign would, I understand, you know, originally I
DIAMOND REPORTING 718-624-7200 Proceedings 51 1 thought it was overkill, and it may be distracting and
2 not really help that residential street on Vark, but I
3 think ultimately, my opinion is that it would help
4 where if you're coming from Vark and you're looking
5 for this McDonald's, you don't want to wait until it's
6 too late and stop your car and realize you have to
7 make the right, you can realize if you're approaching
8 it, you make your way in, it would be better for
9 traffic purposes, so I do agree with it.
10 THE CHAIRMAN: I also believe that from down
11 the street on Vark, maybe it may not be as visible and
12 do as you're talking but, as you're approaching the
13 intersection, certainly, and assuming you're slowing
14 down to go into the intersection, you'll be able to
15 see it, and maybe it will have that purpose.
16 Other members of the Board, how do you feel?
17 MRS. LANDI: This is Adelia. I'm okay with
18 the second sign, there's no problem.
19 THE CHAIRMAN: Are there any members of the
20 Board who have a particular problem with the second
21 sign?
22 (No response.)
23 THE CHAIRMAN: Okay. If there's not, then
24 I think it just leaves the issue of the changing sign,
25 which I think is out of our hands, that's not
DIAMOND REPORTING 718-624-7200 Proceedings 52 1 something I'm going to have an answer for you.
2 MS. FORSBERG: The pedestrians, I think is
3 a concern, and that would just take a call with
4 Engineering and to modify the plan.
5 THE CHAIRMAN: Okay. So, let's go with
6 that. Anything else?
7 If not, then, Mr. Brown, stay in contact
8 with the Bureau and then they'll get you in contact
9 possibly with a Zoom meeting with Engineering. And we
10 look forward to seeing you at next month's meeting.
11 MR. BROWN: Very good. Thank you, Mr.
12 Chairman, thank you members of the Board. Have a good
13 night.
14 MR. JONES: Thank you.
15 THE CHAIRMAN: Item number 11 is a site plan
16 review for the modifications to the approved site
17 plan for the Cross County Shopping Center to
18 accommodate a new tenant at Block 5170, Lot 40 on the
19 property known as 808 Central Park Avenue, former
20 Sears building, pursuant to Article IX of the Yonkers
21 Zoning Ordinance.
22 Janet Giris is the representative for the
23 proposal.
24 Ms. Giris.
25 MS. GIRIS: Thank you, Mr. Chairman, good
DIAMOND REPORTING 718-624-7200 Proceedings 53 1 evening, and good evening to the members of the Board.
2 For the record, my name is Janet Giris, I'm
3 a partner with DelBello Donnellan Weingarten Wise and
4 Wiederkehr, and I'm here this evening on behalf of the
5 applicant.
6 As you know, Mr. Chairman, we met with the
7 Board when we were with you last month. We've
8 conducted some minor modifications that are being
9 proposed at the property known as the Cross County
10 Shopping Center to accommodate a new tenant in the
11 building formerly occupied by Sears. That new tenant,
12 as you're well aware, is Target.
13 When we were with you last month, we had
14 some conversation about, specifically about, the
15 drive-up spaces and where they were located. We had
16 an opportunity to consult with the City's Deputy Fire
17 Chief about the location of those drive-up spaces and
18 the possible relocation to an area on the curb line
19 along the north side of the building.
20 The Deputy Fire Chief advised us that the
21 relocation of those spaces along the curb was not
22 acceptable, that those areas of the building need to
23 be kept free in the event of it, they don't want them
24 to interfere with any fire department operations if
25 necessary. So, it was determined that the proposed
DIAMOND REPORTING 718-624-7200 Proceedings 54 1 spaces where they were originally proposed are, in
2 fact, the best location for them in the parking area.
3 We have submitted modified plans to you
4 which show those areas in more detail. Anthony
5 Guccione, who's our Project Engineer has joined me
6 this evening along with Phil Fruchter. Anthony can
7 put up the plan to show you some of the details of
8 those spaces.
9 But, otherwise, we've addressed all of the
10 comments raised by the Board previously. As
11 mentioned, we submitted a revised plan. The revised
12 plan also showed the bike racks that we talked about
13 which were requested by the County in which we
14 committed to doing with you last month.
15 So, we can show you that revised drawing, I
16 think you'll find it acceptable. And we're here to
17 answer any additional questions you might have, but if
18 you don't have any additional questions, then we would
19 respectfully ask that you entertain a resolution this
20 evening.
21 THE CHAIRMAN: Thank you for your
22 presentation. Go ahead, if you can go over the
23 revised plans to show what was done to answer the
24 questions and concerns raised.
25 MS. GIRIS: Anthony, can you bring up those
DIAMOND REPORTING 718-624-7200 Proceedings 55 1 drawings?
2 MR. GUCCIONE: Absolutely. Can you see the
3 plan now?
4 THE CHAIRMAN: Yes.
5 MS. GIRIS: Yes.
6 MR. GUCCIONE: Do you still see it?
7 MS. GIRIS: No.
8 THE CHAIRMAN: I see a beautiful sunset.
9 MR. GUCCIONE: There you go.
10 For the record, Anthony Guccione, Associate
11 Principal at the firm JMC. And, as Janet said, I
12 would like to go over a few modifications we made to
13 the plan in response to some of the discussions we had
14 last month with your Board.
15 So, the first one, as Ms. Giris had
16 mentioned, I will zoom in, you probably remember the
17 plan, Kimball Avenue is on the right, the former Sears
18 building is here, soon, hopefully, to be Target is the
19 proposal. And the first change was adding a couple of
20 bike racks as discussed. So, bike racks were added on
21 the east side of the building. You can see there's a
22 note here, it says proposed bicycle rack, it's right
23 here, and that's the main door to the third level of
24 the building.
25 And, then, the second bike rack, let me zoom
DIAMOND REPORTING 718-624-7200 Proceedings 56 1 in a little more, was added near this main entrance to
2 the Target building on the west side of the building
3 right here. This is the main pedestrian path that
4 goes from the rest of the center to Target. And under
5 an overhang of the building right here, we added a
6 second bike rack, so that takes care of the bike racks
7 that were added.
8 The second item, as mentioned, was the
9 detail that we added to the drive-up spaces here for
10 Target. In addition, talking to Deputy Chief
11 DeSantis, we also spoke with Target, and they would
12 like to have their standard configuration, which is
13 what's shown on this plan rather than along the curb
14 line.
15 So, what we did to improve safety for the
16 Target staff that would be bringing items from this
17 door here at the corner of the building to the drive-
18 up spaces, we added a drop curb and we added a
19 pedestrian crosswalk there with the signange. So,
20 this A and this A are signs that point to the
21 crosswalk and show that typical pedestrian walking in
22 the crosswalk so the driver is aware that there's
23 pedestrian activity potentially happening here. And
24 we detailed, also, with some help from Target,
25 how those drive-up spaces work here.
DIAMOND REPORTING 718-624-7200 Proceedings 57 1 I would like to just take you to a plan that
2 just shows the detail of how that's configured,
3 because I think there were some questions about that.
4 First of all, there are these beacons in the middle of
5 the access aisle. They're about 12 feet high, a
6 little solar panel, and that lights up. There was a
7 question about way finding and how to get to those
8 spaces, so, this is in that access aisle.
9 And then the second detail I want to show
10 you is just a configuration of those spaces. You can
11 see there are eight drive-up spaces, and then in the
12 middle of an access aisle with on of those location
13 beacons and a couple of signs that just say Target
14 drive-up spaces.
15 So, these are the modifications we made to
16 address discussions last month with the Board, and
17 we'd be happy to answer any questions.
18 THE CHAIRMAN: Thank you, Mr. Guccione.
19 Members of the Board, questions?
20 MRS. LANDI: No.
21 MS. FORSBERG: No.
22 THE CHAIRMAN: Staff, are we good, Lee?
23 There being no questions, then let's move to
24 a vote. Do I have a motion for a negative declaration
25 as to SEQRA on this item?
DIAMOND REPORTING 718-624-7200 Proceedings 58 1 MRS. LANDI: Yes, I'll make a motion.
2 THE CHAIRMAN: So moved by Mrs. Landi.
3 Seconded by --
4 MR. LARKIN: John Larkin.
5 THE CHAIRMAN: -- Mr. Larkin.
6 All in favor, please indicate by saying aye.
7 (A chorus of ayes.)
8 THE CHAIRMAN: Oppose, nay.
9 That passes unanimously.
10 And the resolution on the item itself.
11 MS. FORSBERG: I'll take it, Mr. Chairman.
12 THE CHAIRMAN: Okay, Ms. Forsberg, please.
13 MS. FORSBERG: Mr. Chairman, we have a
14 resolution to approve a site plan application for site
15 improvements to the former Sears building at Cross
16 County Shopping Center at Block 5170, Lot 40 on the
17 property known as 808 Central Park Avenue pursuant to
18 Article IX of the Yonkers Zoning Ordinance.
19 Findings:
20 1. The former Sears building in Cross
21 County Shopping Center is being upgraded with multiple
22 minor site and facade improvements to accommodate a
23 Target store.
24 2. The applicant has satisfied all of the
25 outstanding comments from both the Planning Board and
DIAMOND REPORTING 718-624-7200 Proceedings 59 1 Planning Bureau.
2 3. Approval of the site plan does not
3 include approval of any signs or sign variance. All
4 of the proposed new wall signs on the building, while
5 shown on the applicant's plans, require separate sign
6 permits from the Department of Housing and Buildings.
7 The site plan presented to the Planning
8 Board at its meeting of November 18, 2020 is approved
9 without condition.
10 The Planning Board renders its decision
11 based upon facts and findings available to it,
12 specifically:
13 1. Report by the Planning Bureau.
14 2. General knowledge of the area.
15 Mr. Chairman.
16 THE CHAIRMAN: Thank you, Ms. Forsberg.
17 Do I have a second on the resolution?
18 DR. GILLAN: Second, Michael Gillan.
19 THE CHAIRMAN: Thank you, Dr. Gillan.
20 There being no conditions, I'll move to vote
21 on the resolution itself. All in favor, please
22 indicate by saying aye.
23 (A chorus of ayes.)
24 THE CHAIRMAN: Oppose, nay.
25 That passes unanimously.
DIAMOND REPORTING 718-624-7200 Proceedings 60 1 Thank you very much.
2 MS. GIRIS: Thank you very much, Mr.
3 Chairman, members of the Board.
4 MR. GUCCIONE: Thank you.
5 MS. FORSBERG: We're excited about this
6 one.
7 MR. GUCCIONE: We'll try to get it in as
8 quickly as we can.
9 THE CHAIRMAN: Christmas?
10 MR. GUCCIONE: No, not Christmas.
11 THE CHAIRMAN: I meant 2021.
12 MR. GUCCIONE: That's more likely.
13 Thank you.
14 THE CHAIRMAN: Item number 12 is site plan
15 review for a proposed 13-unit addition to the existing
16 7-unit structure, expansion of existing parking area
17 and new underground parking at Block 447, Lots 36 and
18 37 on the property known as43 Garfield Street pursuant
19 to Article IX of the Yonkers Zoning Ordinance.
20 Tom Abillama is the representative for the
21 proposal.
22 Mr. Abillama.
23 MR. ABILLAMA: Good evening. We're trying
24 to demonstrate two items that were pending since the
25 last meeting. One is the flow test which we received
DIAMOND REPORTING 718-624-7200 Proceedings 61 1 on Monday, the 16th, a couple of days ago, and which
2 shows that the existing 6-inch cast iron pipe, which
3 is connected to a fire hydrant has steady pressure of
4 72 PSI, a residual of 59 PSI, resulting in -- if we
5 have a 20 PSI -- so, 1,118 gallons per minute flow.
6 We believe this is adequate and, obviously, we have
7 here from the different departments, from Engineering,
8 from Fire in that regard.
9 The other item that was pending was the,
10 were the trees proposed on Garfield Street. We had
11 correspondence with the arborist, Mr. Padilla. And
12 he, in turn, suggested to use several items, which we
13 picked one as the slender, the Slender, let me see
14 here, Silhouette Sweetgum tree. It's supposed to be,
15 it's supposed to grow in a small area, it doesn't
16 require a large area to grow in, and it has nice
17 vibrant green colors and multi shades of colors during
18 the fall season. So, that's what we picked.
19 And the other items really there, we had
20 addressed them at the last meeting, and we'll provide
21 you with progress drawings that we're going to send to
22 the Planning Department shortly.
23 If you have anymore comments, please let me
24 know.
25 THE CHAIRMAN: Members of the Board, just to
DIAMOND REPORTING 718-624-7200 Proceedings 62 1 let you know, we are still waiting, the flow test was
2 done and we're still waiting to hear back after their
3 review to receive a report from the Fire and
4 Engineering.
5 Lee, I think, is that correct, are they
6 looking to do additional tests or what's the story on
7 that? Lee, you need to unmute yourself.
8 MR. ELLMAN: I did, and it didn't take.
9 Anyway, we just got the e-mail that I
10 tracked to everyone from Deputy Chief DeSantis, I got
11 that earlier this afternoon, and he's having a
12 conversation with the Superintendent of Water. So, as
13 we see Mr. DeSantis regularly, we'll stay on top of
14 this and, hopefully, we can have this all settled by
15 the next Planning Board meeting.
16 THE CHAIRMAN: Okay. You heard, Mr.
17 Abillama, that portion.
18 MR. ABILLAMA: Yes.
19 THE CHAIRMAN: But, otherwise, members of
20 the Board, do we have any questions for Mr. Abillama
21 outside of what may be raised as issues by Fire and
22 Engineering?
23 Staff, are we good on everything else once
24 we get --
25 MR. ELLMAN: Yes. As I recall, the parking
DIAMOND REPORTING 718-624-7200 Proceedings 63 1 lot was essentially okay, you know, there were some
2 issues about, from myself, about how some of the
3 apartments were laid out with the new building
4 attached to the old building. I think it makes some
5 of the older apartments far less desirable, but I
6 think that's perhaps more a market procedure than
7 anything else, and I'll leave that to the applicant.
8 THE CHAIRMAN: Yeah, I agree.
9 Okay, Mr. Abillama, I thank you very much.
10 MRS. LANDI: I have a question, Mr. Ellman,
11 Mr. Kozicky.
12 THE CHAIRMAN: Go ahead.
13 MRS. LANDI: My question is, as I drove to
14 the site, all I see is blacktop. Is there going to be
15 any green available in, you know, you spoke about
16 trees, but is there going to be planting and
17 vegetation around the parking area or anything?
18 MR. ABILLAMA: Yes, I can show you on this
19 drawing here that along William Street, we're going to
20 have along the perimeter of the property some trees,
21 some shrubs, all around. We also are going to provide
22 for those trees, the Slender Sweetgum trees, on the
23 sidewalk. So, yes, we're going to provide more
24 landscaping, yes.
25 MRS. LANDI: Okay, thank you.
DIAMOND REPORTING 718-624-7200 Proceedings 64 1 THE CHAIRMAN: Anyone else?
2 If not, then we'll look forward to seeing
3 you at next month's meeting, Mr. Abillama.
4 MR. ABILLAMA: Thank you, thank you, Mr.
5 Chairman. Have a good night, and happy Thanksgiving.
6 MRS. LANDI: Thank you.
7 THE CHAIRMAN: The next item is Item number
8 13, which is a site plan review for a proposed 113-
9 unit, six-story residential building and related
10 parking at Block 2027, Lot 101 on the property known
11 as 76 Locust Hill Avenue pursuant to Article IX of the
12 Yonkers Zoning Ordinance.
13 Steven Accinelli is representative for the
14 proposal.
15 Mr. Accinelli.
16 MR. ACCINELLI: Good evening, Mr. Chairman,
17 members of the Board. Steven Accinelli from Veneruso
18 Curto Schwartz and Curto on behalf of the applicant.
19 Mr. Chairman, we had, as the Board will
20 recall, we had presented this project at the October
21 meeting as a preliminary site plan review basis. We
22 can certainly start from the top, but I think the
23 Board is familiar with it but, if the Board would
24 like, we can take it from the top in terms of the
25 background detail. Otherwise, we can just reorient
DIAMOND REPORTING 718-624-7200 Proceedings 65 1 the Board and pick it up where we left off.
2 THE CHAIRMAN: I'm comfortable with you
3 picking it up but, members of the Board, any objection
4 to that?
5 MRS. LANDI: No.
6 MS. FORSBERG: No.
7 THE CHAIRMAN: All right, go ahead, Mr.
8 Accinelli.
9 MR. ACCINELLI: Thank you, Mr. Chairman.
10 Following last month's meeting, and our
11 formal submission, we included as part of that
12 submission a written response that summarized the
13 Zoning Board variances that were granted, as well as
14 addressing Planning Board comments from the October
15 meeting, as well as Engineering Department and Water
16 Bureau comments that were received in time for the
17 October meeting. And those, again, were addressed in
18 the October 21st letter from my firm to the Planning
19 Board. In terms of specifically requested documents,
20 we also included as part of that submission the
21 easement agreement and I, also, recently submitted the
22 Zoning Board approval letter which was received by my
23 office last week.
24 We more recently received reports,
25 additional reports, from the Engineering Department
DIAMOND REPORTING 718-624-7200 Proceedings 66 1 dated November 16th, and the Fire Department from
2 Deputy Chief DeSantis dated November 7th, which will
3 be addressed as part of our planned supplemental
4 submission following tonight's meeting and, also,
5 certain of those will be addressed tonight, as well.
6 Here with me is Andrew Germansky on behalf
7 of Westhab, the applicant, Senior Vice President for
8 Real Estate, Anthony Guccione from JMC, our Civil
9 Engineer is here tonight, and Amie Gross and Alex
10 LaFerla from Amie Gross Architects are here on the
11 architectural side, as well.
12 One item in particular, Mr. Chairman, I
13 would like to bring to the Board's attention, there
14 was some discussion at the October meeting regarding
15 outdoor play areas and alike. And due to the
16 constraints of the project, what the applicant has
17 done as a community developer and the owner to
18 developments next to and across from Pitkin Park, they
19 met with Commissioner Albano of the Department of
20 Planning and Development and, also, Commissioner Landi
21 of the Department of Parks and Recreation regarding
22 refurbishment to Pitkin Park which is, again, right
23 across the street from the site.
24 While nothing firm has yet been agreed to,
25 the applicant offered to coordinate with the City
DIAMOND REPORTING 718-624-7200 Proceedings 67 1 towards approving the park and will continue to work
2 with the Parks Department on an ongoing basis in this
3 regard. Also, the applicant reached out with a
4 nonprofit playground provider to potentially install a
5 new playground at the park. So, while there were some
6 specific Board comments regarding an on-site play
7 area, again, given the constraints of the site, the
8 applicant is doing its best with respect to the park
9 directly across the street to make that more
10 attractive and improve the conditions of that park.
11 With the Board's permission, I would like to
12 turn it over to Anthony Guccione to reorient the Board
13 and bring the Board up to speed with respect to
14 certain site plan issues.
15 THE CHAIRMAN: Certainly, go ahead.
16 MR. ACCINELLI: Thank you, Mr. Chairman.
17 MR. GUCCIONE: Good evening. Again, for the
18 record, Anthony Guccione from JMC.
19 Alex, do you mind if we bring up a site plan
20 I won't spend too much time because I know the Board
21 still remembers, we went through this in decent detail
22 last month, but just to orient you, Locust Hill Avenue
23 is on the left. The site is just under an acre, it's
24 about 0.96 acres in size, and it's outlined with that
25 red line is the property line.
DIAMOND REPORTING 718-624-7200 Proceedings 68 1 The sort of magenta piece on the site there
2 is where the first level of the building touches down
3 and touches the ground.
4 And then there's a dashed magenta line
5 that's sort of an L-shape, and that is the building of
6 both the parking structures, and that's the five
7 levels of building over the parking structure.
8 We've got a two-level parking structure.
9 There are 35 spaces on the upper level and 49 spaces
10 on the lower level. That's a total of 84 spaces to
11 support the proposed 113 units in the building, that
12 has a ratio of 0.74 spaces per unit. And we did
13 prepare a parking study that goes into detail on how
14 we believe that will be more than an adequate
15 number of parking spaces to support issues and all of
16 the residents will have adequate parking on site.
17 We did go over the circulation of the site.
18 We went over the parking study with both the Traffic
19 Bureau and your Fire Department, Deputy Chief
20 DeSantis, and they were happy with the findings of the
21 report in both circulation and parking.
22 Again, landscaping on the site, we do have
23 landscaping around the rear buffer. And then the rear
24 sides we have evergreen buffer that will screen the
25 parking structure. We also have landscaping in the
DIAMOND REPORTING 718-624-7200 Proceedings 69 1 central garden area. And, then, in the front, there
2 will be expensive landscaping and a tier set of
3 planters that will really compliment the architecture
4 in front of the building and the grand staircase.
5 Other than that, quick on the topo, the site
6 does slope from Locust Hill Avenue back to the rear
7 about 20 feet of grade change. And that gave us the
8 opportunity to design a lower level at the rear of the
9 site for parking where it works nicely with the
10 topography, and that fits into the grade so the
11 parking structure actually steps down to the rear to
12 work with the topography.
13 So, that's really kind of just an overview.
14 I'd be happy to answer any questions, or I can turn it
15 over to Mrs. Amie Gross, the Project Architect, to go
16 over any details on the building.
17 THE CHAIRMAN: I'm sure there's questions
18 but nothing is burning. Go ahead with the
19 presentation.
20 MR. ELLMAN: Mr. Chairman, as long as Mr.
21 Guccione is on --
22 THE CHAIRMAN: Yes, go ahead.
23 MR. ELLMAN: -- Mr. Guccione, could you
24 speak about what the retaining wall situation and the
25 view will be from the existing homes on Palisade
DIAMOND REPORTING 718-624-7200 Proceedings 70 1 Avenue?
2 MR. GUCCIONE: Yes, Mr. Ellman. So, the
3 architects have prepared a graphic with a cross
4 section and a view from Palisade Avenue looking to the
5 site that they prepared. And I believe if it's okay
6 with the Board and Mr. Ellman, Amie Gross is going to
7 go over those plans.
8 MR. ELLMAN: Fine, I just assumed it was --
9 MR. GUCCIONE: Okay.
10 MR. ELLMAN: Thank you.
11 THE CHAIRMAN: Please proceed.
12 MS. GROSS: Hello, hi, I'm Amie Gross,
13 President of Amie Gross Architects. I'm sorry, for
14 some reason I couldn't get my name on the screen so
15 that's why I'm telling you. It's good to see you
16 again this evening.
17 And just to expand upon what Mr. Guccione
18 was talking about, AGA has been working with his firm
19 and, obviously, our client Westhab on the design of
20 the entire building. And, specifically, some of the
21 issues that were in conversation when we met with you
22 last month as it relates to the view from the east,
23 but just, again, to give you an overview and to expand
24 on some of the comments that already had taken place.
25 The building, as you know, fronts on Locust
DIAMOND REPORTING 718-624-7200 Proceedings 71 1 Hill Avenue, and it is very respectful of the urban
2 design features of this area in that it's massing its
3 height and also its materiality. As you may remember,
4 we're using Yonkers granite on the pilasters that you
5 see the vertical elements that run on the building.
6 And, as has been discussed, there will be
7 lush landscaping along the front and the sides of the
8 building leading up to the terrace planting and the
9 entry into the building itself.
10 One of the issues relative to the expansion
11 of services for the children that live in the
12 building, besides the playground that we discussed, is
13 that the building is U-shaped and, as you saw on the
14 site plan, there is a large courtyard where you see
15 that lovely pink dogwood and, to the left of the
16 courtyard, we've created an outdoor children's play
17 area, which will be covered. So it's nice, the kids
18 can be out there even if it's drizzling. And the
19 floor will be a poured rubber, so it will be
20 a comfortable place for toddlers and young kids to
21 play. And that outdoor play area is led from an
22 indoor play area, as well. So, there are, we feel, a
23 lot of amenities for the families that live there.
24 Relative to your specific concerns about the
25 view from the east, I just want to walk you through
DIAMOND REPORTING 718-624-7200 Proceedings 72 1 the topographic section to expand on what we've
2 discussed. So, what you see here is a view from
3 Locust Hill all the way down to Palisade. And as is
4 clear, we think, that's a very steep drop. What we
5 are proud of is that we worked with the existing
6 topography from both a sustainable standpoint,
7 affordability standpoint, being respectful of the
8 existing topography, and the line that you see, the
9 dotted line, is the existing topography, and then the
10 dark line underneath it which is, basically, only from
11 Locust Hill to about halfway through our site is where
12 we'll be doing some excavation for the parking area.
13 Other than that, we are basically keeping the
14 topography as it is.
15 To give you some further information about
16 that, the property line, as Mr. Guccione was saying,
17 is right along that retaining wall. And that property
18 line is about 60 feet away from the building. So,
19 from the beginning of the project, we have been
20 respectful of our neighbors by trying to reduce the
21 envelope which we were able to do by making the
22 building U-shaped as opposed to just a slab.
23 So, we take that 60 feet that our building
24 is in the property line, and then we add to that about
25 30 feet from the property line to the back wall of our
DIAMOND REPORTING 718-624-7200 Proceedings 73 1 neighbor to the east. So, we have a 90-foot distance
2 between the back of the building, the Westhab
3 building, to the back of the neighbor's building.
4 And what you can also see here is the line
5 of arborvitae which will help to mask the parking lot.
6 And then you can see that ramp-way where the two cars
7 are, just to give you a sense of the scale.
8 So, from here, what we did is to photograph
9 the view from Palisade looking up at the building.
10 And this is taken from the sidewalk at Palisade where
11 you can, obviously, see our neighbors on the easterly
12 side, on the north, and the south.
13 And, then, you can see here the existing
14 retaining wall, that is, as I was saying, is the
15 property line between the Westhab property and the
16 neighbor. Right behind that retaining wall is the new
17 line of very high arborvitae. And then behind that is
18 where we start to show the parking ramps and the
19 parking levels.
20 The intent is that we've designed a grill,
21 if you will, that will be in the front face of those
22 parking levels and we'll be planting directly
23 underneath that grill so that we get an ivy
24 camouflage, if you will, of the parking areas, which
25 is what you see at the cursor that Alex is using right
DIAMOND REPORTING 718-624-7200 Proceedings 74 1 now.
2 So, we hope that you see that we're trying
3 to be as respectful of the landscape as we can, and
4 we've taken a number of different measures to
5 basically reduce the impact that the building will
6 have from the Palisade side.
7 And I would say in conclusion, you know, in
8 the same way that I started, we're trying to really
9 acknowledge the topography of the site, the materials
10 of the site, the vistas of the site, so that this
11 building, though it has a good number of units, is
12 really a good neighbor to everyone that surrounds us.
13 And, you know, myself and anyone else is
14 happy to answer any questions you might have.
15 MS. FORSBERG: I don't have any questions.
16 I think that I just have compliments, this is an
17 architectural home run for the applicants themselves,
18 and for the neighboring community. It's obvious the
19 detail that you took into consideration to make
20 them to tie in with the surrounding area, to tie in
21 the Yonkers granite, the screening for the parking, I
22 think it's very well done.
23 MS. GROSS: Thank you, Ms. Forsberg, we
24 appreciate that.
25 THE CHAIRMAN: Other members of the Board,
DIAMOND REPORTING 718-624-7200 Proceedings 75 1 questions?
2 I have a question, actually, not to you, but
3 in general, is there going to be signals, a set of
4 signals, that would help the crossing to the park?
5 MR. GUCCIONE: Not traffic signals, but if
6 you go to the next intersection to the north, there is
7 a series of crosswalks and stop signs that provide
8 safe crossing right to the gate to that park. So,
9 there will be safe passage directly from the building
10 to the park.
11 THE CHAIRMAN: The tendency would be to
12 cross directly from the building across the street,
13 wouldn't it?
14 MR. GUCCIONE: It would, but they would
15 still have to go along the sidewalk on the other side
16 to the north to get to the gate. So, the idea, rather
17 than -- typically, your Traffic Department doesn't
18 prefer mid-block crosswalks, so we tried to work with
19 what's there now.
20 THE CHAIRMAN: Where is that gate located on
21 this?
22 MS. GROSS: Do you want to show it, Alex?
23 MR. GUCCIONE: If you go up to Lafayette and
24 cross at Lafayette, there's a gate right there. There
25 is one a little further down to the south in here, but
DIAMOND REPORTING 718-624-7200 Proceedings 76 1 then the next gate is at the Lafayette intersection
2 that goes right into the, I believe it's the
3 basketball courts, the play area there.
4 MS. GROSS: Do you see where the mouse is?
5 MR. GUCCIONE: Yeah, typically, like I was
6 saying, typically, you don't like to have mid-block
7 crosswalks along blocks. You want to get to the
8 intersections to have people cross there where there
9 are stop signs.
10 THE CHAIRMAN: Well, it's safest where the
11 people are normally going to cross, so, right. It's
12 just a thought.
13 MR. GUCCIONE: Okay.
14 THE CHAIRMAN: Other members of the Board,
15 because I know there's a lot here, technically, this
16 is a first time on, other members of the Board,
17 questions at this time? Staff, do we have everything
18 from Engineering, Traffic and everyone?
19 MRS. LANDI: Mr. Kozicky, I have a
20 question.
21 THE CHAIRMAN: Go ahead, please.
22 MRS. LANDI: The question is do they
23 provide any guest parking because the parking up there
24 is really tight?
25 MR. GUCCIONE: So, there's no designated
DIAMOND REPORTING 718-624-7200 Proceedings 77 1 guest parking but, like I said, we've counted four
2 other similar facilities in Yonkers, and we
3 provided over and above what that occupancy rate was
4 at those similar facilities, for very similar, three
5 are actually Westhab facilities, the other one was the
6 Young facility. And we're very comfortable that
7 there's going to be plenty of parking because those
8 counts we did took into account guests, as well as
9 residents, the overall parking, and we counted them
10 during the day and we counted them in the evening when
11 more people would be home.
12 Those rates of occupancy were between point
13 26 and point 62 occupied spaces per unit, and we're
14 providing point 74 occupied parking spaces per unit.
15 MRS. LANDI: The question is, a guest, if I
16 was going to visit someone, where would I park?
17 Because the street is horrible.
18 MR. GUCCIONE: Correct. You would park in
19 the parking structure. It's our anticipation that
20 this parking structure will be nowhere near full,
21 there will always be parking spaces available to the
22 guests in the lot.
23 MRS. LANDI: Okay, that was the question.
24 Thank you.
25 MR. GUCCIONE: You're welcome.
DIAMOND REPORTING 718-624-7200 Proceedings 78 1 THE CHAIRMAN: Other members of the Board,
2 staff, Lee? Is Lee still muted?
3 MR. KUNTZ: You're muted, Lee, just unmute
4 yourself.
5 MR. ELLMAN: I put my phone through this
6 computer. I dropped it, it still doesn't let me talk.
7 I get enough of that at home.
8 So, there is a requirement within the
9 parking section. I can talk to you about it tomorrow,
10 about how you can provide for guest parking,
11 essentially, either you designate 10 percent of the
12 available parking that way or, alternately, and what
13 might work better, based upon Traffic Engineering
14 parking numbers that you have, would be to show a
15 certain amount of undesignated parking, and then sign
16 it as, you know, undesignated and/or visitor parking.
17 But we can go over how that's accomplished.
18 MR. GUCCIONE: That would be great, thank
19 you.
20 THE CHAIRMAN: Okay, that's it, then we'll
21 look forward to all of this and look forward to
22 working with you.
23 MS. GROSS: Thank you.
24 THE CHAIRMAN: Thank you very much.
25 MR. GUCCIONE: Thank you very much. Have a
DIAMOND REPORTING 718-624-7200 Proceedings 79 1 good evening.
2 MS. GROSS: Be well.
3 THE CHAIRMAN: Item number 14 is a site plan
4 review for the repaving and restriping of the parking
5 lot at the storage building at Block 2183, Lot 20 on
6 the property known as 155 Saw Mill River Road, U-Haul,
7 pursuant to Article IX of the Yonkers Zoning
8 Ordinance.
9 Thomas Haynes is representative for the
10 proposal.
11 Mr. Haynes. Has Mr. Haynes fixed his audio?
12 MR. HAYNES: Mr. Chairman.
13 THE CHAIRMAN: We hear you, but it's an
14 echo.
15 MR. KUNTZ: Caller number 7, we just muted
16 you because you have a lot of background noise. You
17 can unmute yourself with star 6. He's off.
18 THE CHAIRMAN: Okay, do we have Mr. Haynes?
19 MS. CARNEY: I think the issue is he's also
20 calling on his phone, I think that's where the
21 feedback is coming from.
22 THE CHAIRMAN: His computer is not working,
23 his computer is not getting us the audio.
24 Tom, you're on.
25 MR. HAYNES: Can you hear me?
DIAMOND REPORTING 718-624-7200 Proceedings 80 1 THE CHAIRMAN: Yes.
2 MR. HAYNES: Okay, very good. Thank you.
3 All right, this is an application that goes
4 back quite awhile. The basic issue is there's truck
5 storage there and there was a restriping of the
6 parking lot. So, what our plan shows here is the
7 proposed striping for the truck parking and where the
8 visitor parking is and where the loading docks are
9 located. And we've had a couple of issues and
10 comments, some from the Planning Board, some from the
11 Fire Department, Engineering, as well. One of the big
12 concerns is, apparently, over all these years, these
13 trucks have migrated onto the sidewalk. So, at one of
14 the meetings it was suggested, I believe by Planning,
15 that we install some pipe bollard to prevent this from
16 happening.
17 The comments from Engineering said that
18 while we should have maybe curbs in there. Well, our
19 plan, we already had our plan in, and we're showing
20 pipe bollards along the property line to restrict any
21 vehicles from going onto the sidewalk. We're spacing
22 these at 5 foot on center.
23 The comments that we had from the Fire
24 Department, from Chris DeSantis, was his concern for
25 access to the fire hydrants there and the access to
DIAMOND REPORTING 718-624-7200 Proceedings 81 1 get the equipment between the two buildings. We
2 accommodated that. He did have one additional request
3 which we would probably have to put on the plan in
4 that we need to stripe an area and say no parking in
5 this area, it's going to be in front of the doors and
6 in front of where the hydrants are.
7 If there are any questions, I'd be happy to
8 answer.
9 THE CHAIRMAN: From my copy, the Fire
10 Department comments, I do have comments that we
11 received from Engineering, from John Mihalik, made a
12 comment about customer parking spaces must be clearly
13 defined. Has that been done on your proposal?
14 MR. HAYNES: Yes. Yes, that's been done.
15 THE CHAIRMAN: And then he indicated
16 landscaping, more curb is required to separate lot
17 from the sidewalk. I think that's what you talked
18 about.
19 MR. HAYNES: Right, and we have the
20 bollards, the pipe bollards.
21 THE CHAIRMAN: All right. So, apparently,
22 bollards are out, curbs are in.
23 MR. HAYNES: I wouldn't object to that, I
24 don't think my client would object to it. I just
25 think that trucks can certainly jump curbs but, if
DIAMOND REPORTING 718-624-7200 Proceedings 82 1 that's the preference, I'd be happy to do that.
2 THE CHAIRMAN: He's the expert. So, my
3 guess is also the Fire Department might also prefer
4 the curb to the bollard.
5 Other members of the Board, questions?
6 MR. KUNTZ: Roman, it's tough to hear you
7 right now.
8 THE CHAIRMAN: I had a bad microphone to
9 begin with, and when I back off --
10 Members of the Board, questions while I'm
11 searching for my materials?
12 MRS. LANDI: No, I'm good.
13 MR. LARKIN: No.
14 THE CHAIRMAN: Lee, staff, if he resolves
15 these issues with Traffic and Engineering, I mean, I'm
16 going to guess Traffic and Engineering, if they want
17 curbs and not bollards, I don't think any of us are
18 going to object.
19 MR. ELLMAN: I think Mr. Haynes and I will
20 have the conversation and try to get the Fire and
21 Engineering to agree to one or the other so that the
22 rest of us are not confused.
23 I understand why Engineering is typically
24 concerned that bollards, when they're bumped into,
25 tear up the pavement and tend to raise the sidewalk.
DIAMOND REPORTING 718-624-7200 Proceedings 83 1 I do, however, agree with Mr. Haynes that any truck
2 worth driving can jump over a curb and still park on
3 the sidewalk. We'll figure that out.
4 THE CHAIRMAN: If you can get them all into
5 the same room at the same time, that would be great.
6 MR. ELLMAN: If we can do that, we'd have a
7 regular meeting, Mr. Chairman.
8 THE CHAIRMAN: All right. So, let's go with
9 that and hopefully have something for Mr. Haynes at
10 next month's meeting, is that okay?
11 MR. ELLMAN: Yes, absolutely.
12 THE CHAIRMAN: Thank you, Mr. Haynes.
13 MR. HAYNES: Thank you.
14 THE CHAIRMAN: Moving now to new business.
15 The first item, which is Item 15, which is a site plan
16 review for the redevelopment of the property with a
17 new commercial building and related parking and
18 infrastructure to be occupied by AutoZone at Block
19 3110, Lots 19, 23, 24, 26, 201, 11, 12, 13, 14, 15 and
20 16 on the property known as 19-27 Tuckahoe Road,
21 former D&D Garden Center, pursuant to Article IX of
22 the Yonkers Zoning Ordinance.
23 Janet Giris is the representative for the
24 proposal.
25 Ms. Giris.
DIAMOND REPORTING 718-624-7200 Proceedings 84 1 MS. GIRIS: Good evening, Mr. Chairman, and
2 members of the Board, thank you. Once again, for the
3 record, Janet Giris with DelBello Donnellan Weingarten
4 Wise and Wiederkehr here this evening on behalf of the
5 applicant.
6 As the Chairman mentioned, this property is
7 located at 19-27 Tuckahoe Road. It is the location of
8 the D&D Nursery and Sam's Deli, and it is intended
9 that those existing improvements will be demolished as
10 part of this proposal.
11 The property consists of about 38,000 square
12 feet, it's about 225 feet east of the intersection of
13 Tuckahoe Road and Saw Mill River Road. And there, the
14 property is actually bisected by the Zoning District
15 line, it has frontage on both Tuckahoe Road and
16 Clement Street, as well as on Altonwood Place. The
17 portion of the property that's located on Tuckahoe
18 Road and Altonwood Place is in the B District. No
19 development or nothing about this application is
20 intended to affect that portion of the property which
21 is located in the T District.
22 So, what's intended on this property is that
23 the existing improvements will be demolished and the
24 property will be redeveloped with a new AutoZone. For
25 those of you who are not familiar with AutoZone, it is
DIAMOND REPORTING 718-624-7200 Proceedings 85 1 the number one auto parts retailer in the United
2 States, and it was founded in 1979. It currently has
3 more than 6,000 stores across the United States,
4 Puerto Rico, Mexico, Brazil, and is on four
5 continents.
6 So, what's intended here is the construction
7 of a 6,816 square-foot building together with 23
8 parking spaces, two handicap spaces, and related
9 infrastructure. The use is permitted in the B
10 District.
11 Joining me this evening is Ben Diskin and
12 John Canning from Kimley-Horn, and a principal with
13 the applicants, Jay Lustig, is here, as well. Ben can
14 pull up the plan and go through the plan with you in a
15 little more detail, but I just wanted to mention to
16 the Board that in connection with this project, the
17 project required two variances from the Zoning Board
18 of Appeals. The first was for a reduction in parking
19 from 35 to 23 spaces, and a reduction in the front
20 yard from 10 feet to 5 feet where zero is existing.
21 So, we're pleased to advise the Zoning Board granted
22 those variances on October 20th.
23 And, so, Ben, do you want to talk a little
24 bit about the plan and then we can answer any
25 questions you might have.
DIAMOND REPORTING 718-624-7200 Proceedings 86 1 We did receive a number of comments from
2 City professional staff including the Deputy Fire
3 Chief and the City Engineer and the City Traffic
4 Engineer, so we'll be prepared to talk about them
5 once Ben goes through the plan with you.
6 MR. DISKIN: Perfect, thank you, Janet. Can
7 everybody hear me?
8 MS. GIRIS: Yes, we can hear you, Ben.
9 MR. DISKIN: Thank you.
10 So, like Janet was saying, the site is on
11 19-27 Tuckahoe Road, it's a proposed AutoZone store,
12 and we are currently providing -- John can you move to
13 the third sheet so we can see the proposed site plan?
14 So, this is the proposed site layout currently
15 proposing 23 spaces and a new driveway which will be
16 located 55 feet further away from the intersection
17 than the existing driveway is located, which is an
18 important point.
19 We received comments from the Traffic and
20 Engineering Department of Yonkers and, then, also the
21 Fire that I just wanted to run through quickly to kind
22 of address any concerns and let you know how we will
23 be addressing.
24 So, I think the biggest comment we're
25 planning to address, or we're planning to discuss, is
DIAMOND REPORTING 718-624-7200 Proceedings 87 1 the peak hour left-turn restriction that the Traffic
2 Engineers requested for the proximity to the traffic
3 signal at Saw Mill River Road.
4 We noted in our traffic study that AutoZone
5 would generate absolutely less traffic than the
6 combined garden center and deli currently do which are
7 existing at the site, and that we're moving the
8 driveway 55 feet further east, it will now be 320 feet
9 from the stop line on Saw Mill River Road.
10 Additionally, in our review from the
11 Department of Transportation, they indicated that
12 would defer any turn restriction at this point, but
13 would reserve the right to implement them later if
14 that is required. We believe considering that the
15 proposal reduces traffic and moves the driveway
16 further from the intersection that this is a response
17 position and, with the Board's consent, would submit
18 to such a condition.
19 If you need further information, John
20 Canning from our office is also here to discuss. If
21 not, I'll keep going.
22 THE CHAIRMAN: The rear portion, that green
23 section, what's intended for that use?
24 MS. GIRIS: That's intended to remain
25 undeveloped, Mr. Chairman.
DIAMOND REPORTING 718-624-7200 Proceedings 88 1 THE CHAIRMAN: I'm sorry, I didn't hear.
2 MS. GIRIS: It's intended to remain
3 undeveloped.
4 THE CHAIRMAN: Okay. And the zoning for
5 that is residential?
6 MS. GIRIS: It's T, two-family, T.
7 THE CHAIRMAN: Two-family. And 50-by-100,
8 right?
9 MS. GIRIS: No, I think it's actually larger
10 than that. And the garden center does currently have
11 operations there, so it is nonconforming, so we will
12 be eliminating that nonconformity.
13 THE CHAIRMAN: All right, thank you. Go
14 ahead.
15 DR. GILLAN: Mr. Diskin, the turn we were
16 talking about that was a matter of some interest would
17 be a left-hand turn from Tuckahoe Road eastbound?
18 MR. DISKIN: Correct.
19 DR. GILLAN: Thank you.
20 MR. DISKIN: Okay, I'll continue if
21 there's no further questions on that issue.
22 So, the City Engineer also requested, or
23 also made note, that deliveries potentially, we're
24 showing in our plans that deliveries are only being
25 made by single-unit trucks and noted that parking for
DIAMOND REPORTING 718-624-7200 Proceedings 89 1 any larger trucks on that said mentioned site on
2 Tuckahoe Road would be illegal. We have, we are
3 having a letter prepared from AutoZone that they will
4 submit to the Board that there will only be these
5 single-unit trucks that provide delivery, as shown in
6 our vehicle maneuvering plans, and that we will not
7 have any larger trucks going and parking in the street
8 and blocking traffic.
9 Currently there are no restrictions on what
10 type of vehicles make deliveries to the garden center
11 and/or to the deli, which also has no loading area,
12 but we are prepared to submit a condition that
13 deliveries can only be made by single-unit vehicles.
14 A few other notes from the City Engineer
15 that we will be providing on our plans, just simple
16 information, we will be providing our sanitary input
17 at the connection point on Tuckahoe Road.
18 We're also going to add the sizing of the
19 fire and water services, fire and domestic water
20 services would be 6 inches and 1 inch respectively.
21 And, further, we are preparing some
22 subsequent submission after this meeting, PERM 32 and
23 PERM 33, for New York State DOT approval for
24 connection to catch basin and curb cut location and
25 other utilities in Tuckahoe Road.
DIAMOND REPORTING 718-624-7200 Proceedings 90 1 And, finally, I wanted to run through just
2 with the Fire Department comments mainly being that
3 the first is that our backflow preventer requirements,
4 we will conform to any and all requirements of Yonkers
5 Code for backflow devices.
6 And, the second comment, we will have three
7 means of egress from the structure that will be
8 clearly signaled with emergency exit signs, the main
9 exit, and then one on the north and to outside of the
10 building, as you can see on the plans, which will be
11 indicated inside so that in case of emergency, all
12 exits can be used as opposed to the one that, I guess,
13 was assumed in the initial submission. And we can
14 note this more clearly on the plans, as well.
15 So, that takes care of the comments for
16 this. If there are any questions on the proposal
17 here.
18 THE CHAIRMAN: I don't see a landscaping
19 plan, was that submitted?
20 MR. DISKIN: We haven't submitted a
21 landscaping plan. It would be very minor landscaping
22 in the corner of the site from Altonwood Place and
23 Tuckahoe Road, just, essentially, ground cover, shrubs
24 and one or two trees.
25 THE CHAIRMAN: Because our concern is it is
DIAMOND REPORTING 718-624-7200 Proceedings 91 1 abutting upon a residential area. So, both the
2 fencing that's going to be proposed and the
3 landscaping should be already geared to the fact that
4 the properties behind it are going to be residential
5 in nature. So, we do normally like to see some
6 additional buffing whenever you have a business use up
7 against residential uses.
8 MS. GIRIS: We can certainly take a look at
9 that, Mr. Chairman, and provide a plan for you next
10 month.
11 THE CHAIRMAN: Thank you. Someone also
12 mentioned the lighting plan provided shows lighting
13 levels that may be exceeding that which would be
14 allowable along the edges where the residential areas
15 would be. You might want to look into that.
16 MS. GIRIS: We will take a look at that, as
17 well.
18 THE CHAIRMAN: Okay. And I don't know if
19 they mentioned it before, but in the parking lighting
20 area, they mentioned the light poles may take away
21 enough space that the resulting parking spaces would
22 become illegal, or not to regulation.
23 MS. GIRIS: We will take a look at all of
24 those things, Mr. Chairman.
25 THE CHAIRMAN: Okay. Well, we went over the
DIAMOND REPORTING 718-624-7200 Proceedings 92 1 trucks and the loading. Oh, it seems like there's
2 going to be a major concern, with this type of
3 operation is people actually working on their cars in
4 the parking area, which is not allowed by Code. What
5 steps, I'm sure you've come up with this in all your
6 other locations, what steps are taken to make sure
7 that there is no --
8 MS. GIRIS: Right. So, that's not something
9 that's permitted by AutoZone at their properties.
10 There might be, for example, an instance where
11 somebody needs some help with a wiper blade, or
12 something like that, and that's something that can be
13 done, but there's absolutely no auto, there's no work
14 being done in the parking lot for any of the customers
15 and it's not permitted, nobody is changing their oil
16 or anything like that here.
17 THE CHAIRMAN: Okay. Do they have a plan,
18 does management get provided a plan on how to, you
19 know, you always want to have good customer relations
20 but, also, is there a plan in place with AutoZone to
21 take care of situations like that?
22 MS. GIRIS: Jay, you're here, is there
23 protocols that are posted somewhere in the store?
24 MR. LUSTIG: I think the manager takes
25 responsibility for that. I mean, if they see that
DIAMOND REPORTING 718-624-7200 Proceedings 93 1 happening in the parking lot, they'll simply go out
2 there, typically, and tell people that they're not
3 allowed to do that and encourage them to do that at
4 their own homes.
5 THE CHAIRMAN: Lee, or staff, are there
6 civil penalties, like, does Code Enforcement go around
7 and force items like that, or is it up to the store
8 owner to -- Well, we would want it to be up to the
9 store owner to see that it doesn't happen, but if it
10 does happen, are there penalties that are put into
11 play by Code Enforcement?
12 MR. ELLMAN: I don't know that there are
13 Code enforcement penalties, it would probably be more
14 a matter of a Housing and Building penalty, which the
15 problem is that Housing and Building is not set up to
16 jump up on those kinds of issues.
17 I was just trying to get a good picture of
18 the shade tree mechanics on South Broadway. It may
19 not be permitted by Code, and it may not be desirable
20 by the applicant but I, you can pretty much tell in
21 this picture, but I can tell you it happens all the
22 time. There needs to be, there just needs to be, I
23 think, an understanding that it is, it's something
24 that's not permitted and Autozone's responsibility is
25 to meet the City Code.
DIAMOND REPORTING 718-624-7200 Proceedings 94 1 MR. CANNING: Mr. Chairman, this is Mr.
2 Canning. I think AutoZone is already committed to not
3 having this occur, it's a nationwide company and
4 they know it's an issue in many other cities, and I
5 think they are as responsible a retailer as you will
6 find. So, I think to have a store of this quality
7 with that commitment would be beneficial as opposed to
8 having some less responsible, less accountable,
9 organization somewhere else. But we'll certainly work
10 with AutoZone and see what we can put together.
11 THE CHAIRMAN: Okay. I'd also like to jump
12 on a comment sort of just taken as a matter of fact
13 that the statement that there will be less traffic
14 generated by the AutoZone than the garden center which
15 only operates close to half a year, or six to eight
16 months a year. I've never had any traffic going into,
17 I've used that garden center, I've never had issues
18 with traffic going in and out of there, and if you
19 guys are planning on having less traffic than that,
20 then you guys aren't going to be open very long. How
21 did you come up with this statement that there's going
22 to be less traffic generated, was there a study done?
23 MR. LARKIN: Yes, Mr. Chairman. That's a
24 fair comment and, typically, when we study traffic, we
25 look at traffic during the busiest hours. So,
DIAMOND REPORTING 718-624-7200 Proceedings 95 1 obviously, the garden center will have little or maybe
2 no traffic during the winter months when everything is
3 closed, and AutoZone will be open. But in the busiest
4 hours of the garden center and of the deli, when we
5 looked at data provided by Institute of Transportation
6 Engineers, and we compared it to data for automobile
7 sales facilities, and if I can pull up the right
8 document here, which I probably can't, I've got too
9 many things open.
10 We did do a traffic study that was submitted
11 dated June 5, and we based it on the Institute of
12 Transportation Engineers. So, basically, with both
13 the nursery garden center, the busiest day is a
14 Saturday afternoon, and the deli, would be a total of
15 about 69 trips. And 69, 17, so that will be 86 trips
16 total. And then AutoZone is 79 based on ITE
17 standards. It's a wash, basically, it's a
18 relatively modest level of traffic and a slight
19 reduction based on the statistics.
20 THE CHAIRMAN: Yeah, I was just wondering
21 how that was arrived at. I don't have much concern
22 with too much traffic. My only traffic concern is
23 that left-hand turn that you mentioned that you're
24 working with the Traffic and Engineering.
25 MR. LARKIN: You know, that is a concern
DIAMOND REPORTING 718-624-7200 Proceedings 96 1 because nobody wants to have a problem there. The
2 facility has operated for many years and we are making
3 the situation better. And we would be willing to
4 submit to a condition that if there is a problem, we
5 would want it solved as soon as the City would and
6 have a left-turn restriction placed on it, but if
7 there's not a problem and we're make things better,
8 we'd like to have the opportunity to make this
9 business as successful as possible and see how it
10 works.
11 THE CHAIRMAN: Okay. That's int all of our
12 interest, but safety is always the first concern.
13 MR. CANNING: Of course.
14 THE CHAIRMAN: Members of the Board.
15 MRS. LANDI: Yes, I have a comment, please.
16 THE CHAIRMAN: Mrs. Landi.
17 MRS. LANDI: Yes, the comment is the deli
18 has been closed and has not been functioning or
19 producing any traffic to that parking area for a quite
20 awhile. So, that's number one.
21 And, number two, getting out of that parking
22 lot and making a left turn to me is a dangerous thing,
23 as well as making a left turn getting into the parking
24 lot. I mean, I live there, I frequent it, and I
25 really have a problem, you know, if we could do a
DIAMOND REPORTING 718-624-7200 Proceedings 97 1 left-turn lane or do anything to get in there or out,
2 it's really not a safe place to be making left turns
3 as far as I'm concerned.
4 MR. CANNING: Understood.
5 DR. GILLAN: I concur with that.
6 MR. CANNING: Understood. We will look
7 into that some more and get back to you. Thank you.
8 THE CHAIRMAN: That is a concern.
9 Other members of the Board, questions at
10 this time?
11 MS. FORSBERG: No.
12 THE CHAIRMAN: Staff, anything else that we
13 haven't touched upon?
14 MR. ELLMAN: Just, again, on the left-hand
15 turn issue, you know, Dom Mika was talking about a
16 left-turn accommodation during peak hours. I think
17 any of us that have been at that location during the
18 peak hours realize that it backs up well beyond
19 Altonwood, actually, typically backs up all the way to
20 the Green Flower making a left turn into or out of
21 that site can be an impossibility, you practically
22 have the need to wiggle your way through standing
23 traffic.
24 I think our Traffic Engineer's perspective
25 to do it only during, to have a left-hand condition
DIAMOND REPORTING 718-624-7200 Proceedings 98 1 only during peak hours is very much a fair one when,
2 as Mrs. Landi says, it's an arguably dangerous turn at
3 any time of the day, because certainly a real
4 impossibility during the peak.
5 THE CHAIRMAN: I would back what Mrs. Landi
6 said, too. I think actually it's less dangerous
7 during the peak hours because, like you said --
8 MR. ELLMAN: It's dead slow.
9 THE CHAIRMAN: -- you're inching your way
10 across the street versus making a hard left in front
11 of a car that, you know, if you drive Tuckahoe Road on
12 off hours, they're definitely not doing the speed
13 limit. And it sort of reminds me of the left-hand
14 turn on Yonkers Avenue near the gas stations near Oak
15 Street, and the number of the accidents that you have
16 there from cars getting hit.
17 And, also, more closer than this, near the
18 Dunkin Donuts on Tuckahoe Road, I think we had the
19 same problem there. I just don't want to the see that
20 recreated here. This is closer to a traffic signal,
21 which might make things better, unless the guy is
22 trying to catch a yellow light and doesn't notice the
23 cars jumping out trying to make a left turn.
24 I don't know, it's a sticky wicket, I'll
25 leave it to the experts with Traffic and Engineering.
DIAMOND REPORTING 718-624-7200 Proceedings 99 1 MR. CANNING: We're listening, Mr.
2 Chairman, and we will get back to you.
3 THE CHAIRMAN: Thank you, I appreciate it.
4 MR. LARKIN: Thank you.
5 THE CHAIRMAN: Other members of the Board,
6 or staff?
7 If not, then we look forward to working with
8 you. Although I'm sorry to hear the garden center is
9 leaving, the AutoZone is something I know a lot of
10 people are welcoming to come in, so it might be a
11 wash.
12 MR. CANNING: Thank you for your time.
13 MS. GARIS: Thank you, Mr. Chairman, we
14 appreciate it and we'll get back to you.
15 MR. DISKIN: Stay well.
16 THE CHAIRMAN: Thank you.
17 Item number 16 is a site plan and special
18 use permit application reapproval for the proposed
19 hospital use, portion of the St. Joseph Hospital/Mary
20 the Queen application, at Block 493, Lots 65 and 27 on
21 the property known as 35 Vark Street and 127 South
22 Broadway pursuant to Article VII and Article IX of the
23 Yonkers Zoning Ordinance.
24 Stuart Markowitz is the representative for
25 the proposal.
DIAMOND REPORTING 718-624-7200 Proceedings 100 1 Mr. Markowitz.
2 MR. MARKOWITZ: Good evening everyone, and
3 thank you all for work through these Web Ex meetings
4 and Zoom meetings. I'm the Project Architect for the
5 project.
6 This application is a reapplication for a
7 project that was reviewed and approved in 2018 and
8 '19. The extensions for the approval were granted,
9 but they're expiring, as well. Like many projects
10 relying on governmental assistance, we've experienced
11 some delays in the development process, but the
12 development team who was working through these pretty
13 well worked through the spring of 2020. However,
14 COVID-19 caused extensive delays and coordination with
15 and response from various agencies, and we're working
16 with New York State HFA, ESSHI, and Division of
17 Housing and Community Renewal and, of course, the
18 great expense that's been extended by the State has
19 also caused delays in appropriation of State funding,
20 at least into next year. So, we've come to the Board
21 for a reapplication because that's what's required
22 after, when your extension has run out.
23 I don't know if the Board is fully familiar
24 or remembers the project, but I can go through the
25 general outline of it, as well, if you would like.
DIAMOND REPORTING 718-624-7200 Proceedings 101 1 THE CHAIRMAN: I'm familiar with it and the
2 extensions.
3 Members of the of the Board, are you still,
4 do you need an update on it?
5 MRS. LANDI: No.
6 MS. FORSBERG: No, I remember it well. It
7 was a great project for the site, you know, back then
8 we liked it, supported it. There really weren't too
9 many issues. I remember it, it feels like it was
10 yesterday.
11 MR. MARKOWITZ: From our end, it wasn't
12 quite yesterday, but we're still hopeful as soon as
13 things get a little back to normal. We have made good
14 progress with the HFA, and in our construction
15 drawings into the Department of Housing and Building,
16 and into the City, as well. So, we continue to work
17 on those fronts, but we do have to wait for, you know,
18 State budgets to come back into order.
19 THE CHAIRMAN: All right, then, if there's
20 no questions, there's no need, if we don't have any
21 opposition from staff or counsel, let's go through the
22 mechanics of this. I believe we still need to have
23 the public hearing on this; is that correct?
24 MR. ELLMAN: Yes, it is.
25 THE CHAIRMAN: Okay. And my understand is
DIAMOND REPORTING 718-624-7200 Proceedings 102 1 all the green cards went out, came back, we're good
2 with the notices?
3 MR. ELLMAN: Yes.
4 THE CHAIRMAN: Okay. That being the case,
5 let the record reflect that it's after 7 o'clock, it's
6 way after, it's five after 8:00, and we're officially
7 opening the public hearing.
8 If there is anyone on this Zoom call who's
9 here on this item and would like to speak? I'll give
10 you a second to unmute in case you're muted.
11 MR. KUNTZ: If you're on the phone, you can
12 unmute with star 6.
13 THE CHAIRMAN: Yes, if you're on the phone,
14 star 6 will unmute you. On your computer, you might
15 be able to do it on the space bar or hit the audio
16 section.
17 Let the record reflect that there are no
18 speakers at the public hearing. I'll entertain a
19 motion to close the public hearing portion of this
20 item.
21 MR. LARKIN: So moved.
22 THE CHAIRMAN: So moved by Mr. Larkin.
23 Seconded by --
24 MRS. LANDI: Mrs. Landi.
25 THE CHAIRMAN: -- Mrs. Landi.
DIAMOND REPORTING 718-624-7200 Proceedings 103 1 All in favor, indicate by saying aye.
2 (A chorus of ayes.)
3 THE CHAIRMAN: Oppose, nay.
4 That passes unanimously.
5 We don't need to do a SEQRA, I'm led to
6 understand lead agency was the Zoning Board. So, we
7 will move to a resolution, do we have a proposal or a
8 resolution on this item?
9 MR. LARKIN: I'll take it, Mr. Chairman.
10 THE CHAIRMAN: Please, Mr. Larkin.
11 MR. LARKIN: We have a resolution, Mr.
12 Chairman, to approve a site plan application and
13 special use permit for a proposed hospital facility at
14 Block 493, Lots 65 and 27 on the property known as 35
15 Vark Street and 127 South Broadway pursuant to Article
16 VII and Article IX of the Yonkers Zoning Ordinance.
17 Findings:
18 1. The application currently before the
19 Board is for the re-approval of a site plan and
20 special use permit application for the conversion off
21 the existing St. Mary's former convent space into a
22 73-unit senior citizen housing facility and hospital
23 kitchen, approved respectively on July 10, 2019 and
24 December 12, 2018.
25 2. St. Joseph's Hospital intends to
DIAMOND REPORTING 718-624-7200 Proceedings 104 1 relocate the kitchen serving the entire hospital from
2 its existing location to the former Mary the Queen
3 Convent. A hospital use is a special use permit under
4 Yonkers Zoning. Although this kitchen will serve the
5 senior citizen housing use as well as the hospital, it
6 was determined, in an abundance of caution, to process
7 the kitchen under hospital zoning requirements.
8 3. The application for both the housing
9 development and the kitchen were reviewed and approved
10 for variances by the Yonkers Zoning Board of Appeals.
11 In addition to several area variances required because
12 the building is existing and dimensionally non-
13 conforming, the ZBA completed the SEQRA environmental
14 review after coordinated review as well as completing
15 a shared parking review. Those approvals have since
16 been issued extensions.
17 4. The hospital use meets the requirements
18 for a special use and there are no site planning
19 issues related to the relocation of the kitchen to
20 this building.
21 Now, therefore, the Yonkers Planning Board
22 renders a favorable decision and approves the special
23 use permit and site plan, as submitted, without
24 conditions.
25 Mr. Chairman.
DIAMOND REPORTING 718-624-7200 Proceedings 105 1 THE CHAIRMAN: Thank you, Mr. Larkin.
2 Do I have a second?
3 MS. BAKER: Second, Dawn Baker.
4 THE CHAIRMAN: Second by Ms. Baker.
5 There being no conditions, I'll move to a
6 vote on the resolution itself. All in favor, please
7 indicate by saying aye.
8 (A chorus of ayes.)
9 THE CHAIRMAN: Oppose, nay.
10 It passes unanimously.
11 Thank you very much.
12 MR. MARKOWITZ: Thank you all.
13 THE CHAIRMAN: Moving right along, Item
14 number 17 is a site plan review for amendment to the
15 previously approved application for a parking lot
16 addition at Block 4450, Lot 50 on the property known
17 as 1, 7, and 11 Balint Drive pursuant to Article IX of
18 the Yonkers Zoning Ordinance.
19 Paul Berte is representative for the
20 proposal.
21 Mr. Berte.
22 MR. BERTE: Good evening. This is Paul
23 Berte from Fusion Engineering. 1 Balint Drive, we're
24 here to make a slight modification to the site plan
25 that was previously approved in, it was last year.
DIAMOND REPORTING 718-624-7200 Proceedings 106 1 And if I can share my screen, I can take you through
2 it.
3 So, we have an acquisition by the applicant
4 to purchase this property here in this southwest
5 corner of the property to extend their parking for the
6 use of the existing residents.
7 With this application, there are no new
8 apartments or units being proposed, just additional
9 parking to meet the demands of the residents. The
10 change happened because we had a survey bump, and we
11 had to revise our grading a bit during construction,
12 and it required us, in order to maintain the maximum
13 wall height of 6 feet, we changed the alignment of the
14 retaining wall in this southerly corner here so that
15 we can make our our grading work and be consistent
16 with the Zoning Code for the wall height.
17 So, what that did was by reducing this
18 distance approximately 5 feet from the corner, we are
19 unable to utilize that one last space in the corner,
20 the southwest corner, of the facility. So, the
21 parking count went from previously approved 43 new
22 spaces to 42 spaces because we cannot meet the back-
23 out distance in that one space.
24 We have, I'm in receipt of the comments from
25 Mr. DeSantis for Fire. There was just a clarification
DIAMOND REPORTING 718-624-7200 Proceedings 107 1 that needs to be coordinated on the plans to have a
2 minimum of 42-inch railing height, which we do have,
3 our railings are 48-inch minimum.
4 And we have a comment from the Engineer
5 discussing the layout of our handicap spaces, which I
6 I will reach out to the Engineering Department to
7 confirm that we have the right layout.
8 But, with that, those are the only changes
9 with this application. Nothing changed with the
10 parking, I guess that was the comment I got that did
11 get made during the first time around.
12 But, if there are any other questions, I'd
13 be happy to answer any questions.
14 THE CHAIRMAN: Yeah, I think the only other
15 issues with Engineering, the layout of the handicap
16 spaces which they're willing to work with you just to,
17 sort of massaging it, we have that built into our
18 resolution.
19 MR. BERTE: Yes.
20 THE CHAIRMAN: We have that built in to our
21 resolution.
22 Other members of the Board, do we have any
23 questions for this applicant, staff?
24 MR. ELLMAN: Mr. Chairman, you stated what
25 we are hoping to do, if you delegate the ability to
DIAMOND REPORTING 718-624-7200 Proceedings 108 1 Traffic Engineering and to Planning, this is excess
2 above the zoning requirement parking, so if we find
3 any issues with the handicap parking and can re-
4 stripe elsewhere on the site, we don't need to bring
5 this back, this is above and beyond.
6 THE CHAIRMAN: There being no other
7 questions or comments, then I'll entertain a motion
8 for a negative declaration as to SEQRA on this.
9 MR. LARKIN: So moved.
10 THE CHAIRMAN: So moved by Mr. Larkin.
11 Second by --
12 MS. FORSBERG: Second.
13 THE CHAIRMAN: -- Ms. Forsberg.
14 All in favor, please indicate by saying aye.
15 (A chorus of ayes.)
16 THE CHAIRMAN: Oppose, nay.
17 That passes unanimously.
18 And a resolution on the item itself.
19 MS. FORSBERG: I'll take it.
20 THE CHAIRMAN: Ms. Forsberg.
21 MS. FORSBERG: Mr. Chairman, we have a
22 resolution to approve a site plan for an amendment to
23 the January 2019 approved plan at 1, 7, 11 Balint
24 Drive, Block 4450, Lots 50 pursuant to Article IX of
25 the Yonkers Zoning Ordinance.
DIAMOND REPORTING 718-624-7200 Proceedings 109 1 Findings:
2 1. The Planning Board issued its approval
3 for this lot in January 2019. The lot as approved was
4 for excess parking spaces to supplement the existing
5 required parking for the residential buildings.
6 2. Currently, the applicant is seeking to
7 remove two of those excess parking spaces.
8 Now, therefore, the Yonkers Planning Board
9 approves the proposed parking lot expansion with the
10 following conditions:
11 1. The Planning Board delegates authority
12 to the Planning Director and the Traffic Engineer to
13 work with the applicant to modify the parking plan to
14 accommodate Code compliant handicapped parking on
15 site.
16 2. The applicant shall submit four sets of
17 revised drawings reflecting the satisfaction of the
18 Traffic Engineering and Fire Department comments
19 within two weeks of today.
20 Mr. Chairman.
21 THE CHAIRMAN: Thank you. Do we have a
22 second on the resolution?
23 MRS. LANDI: Second it.
24 THE CHAIRMAN: Was that Mrs. Landi?
25 MRS. LANDI: Yes, it was.
DIAMOND REPORTING 718-624-7200 Proceedings 110 1 THE CHAIRMAN: Thank you, Mrs. Landi.
2 We have the conditions, Mr. Berte, you heard
3 the conditions that we discussed, I assume they're
4 acceptable.
5 MR. BERTE: Yes,
6 THE CHAIRMAN: So, I'll move to vote. All
7 in favor of the resolution, please indicate by saying
8 aye.
9 (A chorus of ayes.)
10 THE CHAIRMAN: Oppose, nay.
11 That passes unanimously.
12 Thank you, very much, Mr. Berte.
13 MR. BERTE: Thank you. Have a great night.
14 THE CHAIRMAN: Moving to Item number 18,
15 Landmarks Board request for Planning Board advisory
16 recommendation on a proposed Historic District at
17 Block 5652, Lot 43 on the property known as 15
18 Parkview Avenue, also known as 1 Garrett Place
19 pursuant to Section 45-5D of the Yonkers City Code.
20 Mark Silberblatt is the representative for
21 the proposal.
22 Mr. Silberblatt.
23 MR. SILBERBLATT: Now you can hear me, I
24 trust?
25 THE CHAIRMAN: Yes.
DIAMOND REPORTING 718-624-7200 Proceedings 111 1 MR. SILBERLATT: Very good, very good.
2 Chairman Kozicky and members of Board, good
3 evening. This matter concerns a 90-year-old building
4 known as the Yorkshire and Garrett Park Neighborhood
5 of Yonkers.
6 It's before your Board on a deferral of the
7 Yonkers Landmark Preservation Board on our application
8 to landmark that building. We've submitted copies of
9 that application to the members of the Board, and if
10 you have any questions, I'd be happy to try to answer
11 that. We have Alan Guma, who is also with the Garrett
12 Park Neighborhood Association, who will also be
13 available to you.
14 Just, generally, to give you a recap of the
15 status of the matter which you may already be familiar
16 with, there was a fire at this building in March of
17 2019. Although the roof and the top floors were
18 damaged by that fire, according to Commissioner Pici,
19 the building remains structurally sound and can be
20 restored to residential use, which is the purpose of
21 our landmarking application.
22 Originally, the owner had intended to
23 undertake restoration of the roof and the top floor,
24 and filed application with the Building Department to
25 accomplish this. Thereafter, they decided to demolish
DIAMOND REPORTING 718-624-7200 Proceedings 112 1 the entire building and replace it with a new
2 building, and the owner filed an application with the
3 Yonkers Zoning Board of Appeals to secure a
4 determination that was entitled to erect such a
5 building under applicable Zoning law.
6 The ZBA unanimously rejected that
7 application and that determination is now the subject
8 of an Article 78 proceeding in Westchester Supreme
9 Court in which the owner has named as defendants all
10 of the members of the ZBA, as well as Yonkers
11 officials.
12 Most recently, and this takes us to why
13 we're here, at the September meeting of the Landmarks
14 Preservation Board, the owner notified that Board that
15 they intended to demolish the Yorkshire and sought a
16 determination of its right to do so.
17 At that meeting, the September meeting, we
18 informed the Board that we intended to file an
19 application to designate the Yorkshire as a Yonkers
20 landmark, and that application was duly filed with the
21 Landmarks Preservation Board, and was considered at
22 the October meeting.
23 At that meeting, at the October meeting, the
24 Landmarks Preservation Board voted to accept this
25 application as a proposal and referred the matter to
DIAMOND REPORTING 718-624-7200 Proceedings 113 1 this Board, the Planning Board, for its advice. At
2 the same time, a moratorium against the demolition of
3 the Yorkshire went into effect. We anticipate that
4 depending on input from this Board, the Landmark
5 Preservation Board will hold a hearing on the land-
6 marking application at its next meeting, which is
7 scheduled for December 2nd.
8 We respectfully submit that the landmarking
9 of the Yorkshire will not adversely affect development
10 in the City of Yonkers, but will be a result in the
11 return of a damaged building to its previous apartment
12 building. We respectfully submit that this Board
13 should allow the landmarking process to proceed.
14 So, that is our request, and if you or the
15 members of the Board or staff have any questions, we'd
16 be delighted to try to answer them.
17 THE CHAIRMAN: Thank you, Mr. Silberblatt.
18 My understanding is we also have the owner's
19 representative here, attorney, and their, someone that
20 they have as an expert in this field. I think they
21 had requested previously, or are requesting here, the
22 ability to address our Board, which we agree, we'll
23 have them speak, we try to limit them to five minutes
24 each.
25 But, Lee, before we listen to them, it would
DIAMOND REPORTING 718-624-7200 Proceedings 114 1 be good for our Board to understand our role in this
2 because there's going to be a lot of talk, I read the
3 materials, it looks like there's going to be a lot of
4 talk about the historical values and different items
5 that really don't go into the land use portion of it,
6 so I think it would be good to give us sort of a
7 background of what we as a Board are deciding here.
8 Mr. Ellman, you need to unmute.
9 MR. ELLMAN: You know, I unmute in
10 anticipation and it mutes it right back after a couple
11 of seconds, I think that's the problem.
12 So, the Landmarks Preservation Ordinance
13 does not state specifically what the Planning Board's
14 responsibility is in this process, but what has been
15 carved out over the perhaps 20 years, 30 years, of
16 there being a Landmarks Board and having the Planning
17 Board comment was that the Planning Board's special
18 expertise is assumed to land use and development, and
19 the Planning Board has been hesitant to step on the
20 Landmark Board's special expertise in history.
21 So, in each of the landmarking referrals
22 that have come to the Planning Board, your Board has
23 offered a land use perspective without comment that
24 whether the property is, in fact, historic or not.
25 From a land use perspective, and I hope
DIAMOND REPORTING 718-624-7200 Proceedings 115 1 without coming out on one side or the other of the
2 issue, the site that is available for either
3 rebuilding of the existing building or building a new
4 building on the same space is identical.
5 The proposed new building that the owner
6 sought approvals from the Zoning Board would not,
7 would be different in aesthetics and form, but not
8 especially different in of size impact or direction of
9 development. So, I think it is fair to suggest that
10 from a Planning Board land use perspective, it is an
11 apartment building on one side of the scale, an
12 apartment building on the other side of the scale.
13 The new apartment building is proposed to
14 have more parking spaces. The old apartment building
15 looks like an old apartment building that fits in with
16 its neighbors. So, where you place it on the scale
17 becomes, I think, less a matter of land use impact and
18 direction of development and more a matter of
19 aesthetics.
20 THE CHAIRMAN: Okay. Yes, that's the way I
21 determine it. So, let's, then, if there's no
22 questions from the Board yet -- and my understanding
23 is actually the Board had spoken with the owner's
24 counsel, and there's a five minute maximum that was
25 going to be allowed, so that's, I'll allow them that
DIAMOND REPORTING 718-624-7200 Proceedings 116 1 right now without a clock, but knowing the tact that
2 we're taking here and where we're going with this,
3 I'll open up the floor now to the attorney, I guess
4 it's from Cuddy and Feder.
5 MR. ELLMAN: Ms. Motel.
6 THE CHAIRMAN: Go ahead, the floor is yours.
7 MS. MOTEL: Yes, thank you, Mr. Chairman,
8 good evening members of the Planning Board. I'm
9 Kristen Motel, attorney with the law firm Cuddy and
10 Feder.
11 As you know, we represent the applicant,
12 Parkview Equities, LLC, I'm sorry, they're the owners
13 of the building. With me tonight is Dr. Emily
14 Cooperman, she's the architectural historian who has
15 submitted four reports with in-depth analyzation, I'm
16 sure you received copies, why the building does not
17 merit landmark status. We take the position that the
18 data and the evidence submitted does not support
19 landmarking of the building.
20 But, that being said, from a land use and a
21 planning standpoint, some factors for the Board to
22 consider that were already just summarized very well
23 for you, the owners are proposing to demolish the
24 building that is economically infeasible to restore
25 and reoccupy.
DIAMOND REPORTING 718-624-7200 Proceedings 117 1 They are proposing to replace the existing
2 residential building which is now vacant with a new
3 residential apartment building. It's going to be
4 substantially similar in unit count, it's actually
5 going to be much more compliant in terms of off-street
6 parking spaces in a neighborhood where that parking is
7 really required, and there's a need for it here. So,
8 like I said, the footprint is going to be
9 substantially similar.
10 And given that the proposal here from the
11 owners is consistent with the land use goals, it's
12 going to improve the existing non-conformities of the
13 fire damaged structure that's there today. We would
14 request that the Planning Board make a recommendation
15 that the, to the Landmarks Board, that the structure
16 does not merit designation as a landmark.
17 And if you have any questions or
18 considerations at this time for Dr. Cooperman, she
19 would be happy to answer them, or for myself, as well.
20 And I thank you for giving us the five minutes to
21 speak, Mr. Chairman.
22 THE CHAIRMAN: Thank you very much. And
23 thank you for keeping it well below that, it's late
24 and it was a long agenda.
25 MS. MOTEL: You're welcome.
DIAMOND REPORTING 718-624-7200 Proceedings 118 1 THE CHAIRMAN: Members of the Board, keeping
2 in mind what Mr. Ellman has told us, any questions
3 either for the applicant or to the owners of the
4 building?
5 MS. FORSBERG: No. I concur with Lee's
6 summary of our Board's position and ability to weigh
7 in on something like this. I think for land use,
8 environmental impact, and site plans, a multi-family
9 residential is a multi-family residential whether it's
10 landmarked or not. I think that this is really for
11 the Landmarks Board, not our Board.
12 THE CHAIRMAN: Leave it up to the experts.
13 MS. FORSBERG: Yes.
14 THE CHAIRMAN: All right, then if there's no
15 questions or comments from Board or staff, I will
16 present the resolution on this item, and that is that:
17 The Yonkers City Code Section 45-5(D), like
18 David, states that the Planning Board is required to
19 offer its advisory recommendation and advise on any
20 proposal for the designation of a local landmark
21 before the Landmarks Preservation Board may conduct a
22 public hearing on the proposed designation. In
23 accordance with the City Code, the Landmarks
24 Preservation Board has referred an application for the
25 proposed designation of 15 Parkview Avenue, also known
DIAMOND REPORTING 718-624-7200 Proceedings 119 1 as 1 Garrett Place, Block 5652, Lot 43, as a local
2 landmark. White the Code does not clearly identify
3 the appropriate subject matter of the Planning Board's
4 recommendation and advice, it is the opinion of this
5 body that any analysis must be limited to land use
6 issues and that deference relating to historical facts
7 must be accorded to the special expertise of the
8 Landmarks Preservation Board.
9 The construction of a new apartment building
10 or the restoration of the existing building both have
11 the same minimal land use impact. Therefore, the
12 Yonkers Planning Board offers as its advisory
13 recommendation and advice that there are no planning
14 or development issues to consider relating to the
15 proposed landmarking of the building.
16 Do I have a second for my resolution?
17 MRS. LANDI: I'll second it.
18 DR. GILLAN: Second.
19 THE CHAIRMAN: Seconded by -- who is that?
20 DR. GILLAN: Dr. Gillan.
21 THE CHAIRMAN: Seconded by Dr. Gillan.
22 All in favor of the resolution, please
23 indicate by saying aye.
24 (A chorus of ayes.)
25 THE CHAIRMAN: Oppose, nay.
DIAMOND REPORTING 718-624-7200 Proceedings 120 1 That passes unanimously.
2 Thank you very much and good luck to both
3 sides.
4 Okay, it's 8:30, we'll break until 8:35.
5 (Off the record at 8:30 p.m.)
6 (Resuming at 8:35 p.m.)
7 THE CHAIRMAN: All right, Item number 19,
8 referral from the Yonkers City Council for amendment
9 to the Zoning Map and Zoning Ordinance affecting the
10 real properties commonly known as the Teutonia Hall
11 site, the Chicken Island site, and the North Broadway
12 site as designated on the tax map of the City
13 of Yonkers as Block 512, Lot 11, Block 485, Lot 1,
14 Block 2018, Lots 8, 12, 16, 18, 20, 25, 48 (PART), 51,
15 56, 57, 68, 71, and 75 on a whole list of properties
16 known as Buena Vista, Palisade Avenue, Overlook
17 Terrace, North Broadway, Baldwin Place.
18 Mr. Mark Weingarten is here as the
19 representative for the proposal.
20 MS. GIRIS: Thank you, Mr. Chairman. It's
21 Janet Giris, Mr. Weingarten had to leave to go to
22 another meeting, but I'm here this evening on behalf
23 of the applicant. Also joining me is Nina Peek is
24 here, as well.
25 As you know, at last month's meeting, there
DIAMOND REPORTING 718-624-7200 Proceedings 121 1 was an extensive presentation made in connection with
2 the proposed projects. I think that where we left off
3 was a discussion with regard to who was going to be
4 lead agency. I think that the City Council decided
5 that when the Planning Board sends its notice seeking
6 to be lead agency, that the City Council was willing
7 to cede that to you, and I think that there are a
8 couple of resolutions that you have to consider this
9 evening.
10 THE CHAIRMAN: That is my understanding and
11 I'm ready to go, let this thing start, get the wheels
12 moving.
13 Members of the Board, no questions, right
14 now, we just need to formally take the lead and then
15 set up a scoping, right?
16 MS. FORSBERG: Yes, no questions.
17 MR. ELLMAN: Mr. Chairman, we need to, and
18 you have the resolutions to do this, and I doubt we'll
19 suspend you for the resolution assuming lead agency,
20 even though one could argue that the Planning Board
21 asked for it, the City Council gave it to them, in all
22 good and sensible caution, we have a resolution
23 assuming lead agency.
24 We also have a resolution for the Board to
25 making a positive declaration and directing the staff
DIAMOND REPORTING 718-624-7200 Proceedings 122 1 to circulate the appropriate SEQRA paperwork to the
2 other involved agencies to start the scoping process.
3 And, then, rather than at the end of the
4 meting, it would make sense for the Board to have a
5 quick discussion about a scoping session on an
6 alternate to the Planning Board night since we should
7 allow more time for that and not burden the regular
8 long agenda with what could be several hours of
9 scoping comments.
10 THE CHAIRMAN: Okay. Just to make sure, we
11 have three resolutions then that we need to do.
12 MR. ELLMAN: You have two resolutions,
13 which have the three items all together in them.
14 THE CHAIRMAN: Okay. I'm looking first at
15 the resolution that ends with us looking to schedule a
16 scoping session.
17 MR. ELLMAN: The other one first, please.
18 THE CHAIRMAN: The one that we're assuming
19 lead agency?
20 MR. ELLMAN: That's correct.
21 THE CHAIRMAN: That's the first one.
22 MS. CARNEY: Mr. Chairman, it's the one that
23 I sent out last today. So, the one that went into the
24 packet was actually two different ones for the
25 positive declaration. The one that I had sent out
DIAMOND REPORTING 718-624-7200 Proceedings 123 1 individually on its own is the correct one for the
2 acceptance of lead agency and declaration of the
3 Planning Board. So, that's something that went out as
4 a single item by itself.
5 THE CHAIRMAN: Well, I'm going to start off
6 with the one where we assume lead agency, and just
7 stop me if I have the wrong one.
8 I make a motion to have the City of Yonkers
9 Planning Board assume lead agency status for the
10 proposed AMS Acquisitions, LLC. Downtown Yonkers
11 Projects located at Block 512, Lot 11, Block 485, Lot
12 1, Block 2018, Lot 8, 12, 16, 18, 20, 25, 48 (Part),
13 51, 56, 57, 68, 71 and 75 on the properties known as
14 41 Buena Vista Avenue, 20 Palisade Avenue, 7, 14, 12,
15 15 and 23 Overlook Terrace, part of 14 North Broadway,
16 18 and 552 North Broadway and 2 and 10 Baldwin Place.
17 On September 17, 2020, the Yonkers City
18 Council circulated a Lead Agency Notice for the
19 project on the sites above in connection with the
20 Petition for amendments to the Zoning Ordinance filed
21 with the City Council on behalf of the project
22 applicants. On October 14, 2020, the Planning Board
23 adopted a resolution in response to that notice
24 requesting the City Council cede lead agency status to
25 the Planning Board and the City Council has done so
DIAMOND REPORTING 718-624-7200 Proceedings 124 1 via Resolution Number 116-2020 adopted on October 27,
2 2020.
3 Now, therefore, the Yonkers Planning Board
4 hereby assumes lead agency status for the above
5 referenced petition and all related actions for the
6 downtown Yonkers projects as proposed by AMS
7 Acquisitions.
8 Do I have a second on that resolution?
9 DR. GILLAN: Second.
10 THE CHAIRMAN: Seconded by Dr. Gillan.
11 All in favor, please indicate by saying aye.
12 (A chorus of ayes.)
13 THE CHAIRMAN: Oppose, nay.
14 That passes unanimously.
15 I make another resolution whereas on
16 November 18, 2020, the Yonkers Planning Board duly
17 adopted a resolution assuming Lead Agency for the
18 review under the State Environmental Quality Review
19 Act, SEQRA, of the proposed Amendments to the Yonkers
20 Zoning Ordinance and all related actions in connection
21 with the proposed AMS Acquisitions, LLC Downtown
22 Yonkers Projects located at Block 512, Lot 11, Block
23 485, Lot 1, Block 2018, Lots 8, 12, 16, 18, 20, 25, 48
24 (Part), 51, 56, 57, 68, 71 and 75 on the properties
25 known as 41 Buena Vista Avenue, 20 Palisade Avenue, 7,
DIAMOND REPORTING 718-624-7200 Proceedings 125 1 14, 12, 15 and 23 Overlook Terrace, part; of 14 North
2 Broadway, 18 and 52 North Broadway and 2 and 10
3 Baldwin Place (the Proposed Action);
4 Now, therefore, be it resolved that:
5 1. The Planning Board, hereby confirms its
6 status as Lead Agency for review of the Proposed
7 Action under SEQRA; and
8 2. The Planning Board hereby determines
9 that the Proposed Action presents at least one
10 potential significant adverse environmental impact.
11 Accordingly, the Planning Board hereby:
12 a. Issues a positive declaration of
13 environmental significance (the Positive Declaration)
14 with respect to the Proposed Action and authorizes
15 this determination to be endorsed on Part 3 of the
16 EAF, and
17 b. Requires the preparation of a draft
18 environmental impact statements(DEIS)for the Proposed
19 Action; and
20 3. The Planning Board hereby authorizes and
21 directs the conduct of a public scoping session on the
22 DEIS (the Scoping Session) and directs the Applicant
23 to submit a draft scope document to the Planning Board
24 as soon as practicable; and
25 4. The Planning Board hereby authorizes and
DIAMOND REPORTING 718-624-7200 Proceedings 126 1 directs that appropriate notice of the Positive
2 Declaration and Scoping Session be given as provided
3 by the SEQRA regulations.
4 Do I have a second on that resolution?
5 MRS. LANDI: Second, Mr. Chairman.
6 THE CHAIRMAN: Second by Mrs. Landi.
7 All in favor, please indicate by saying aye.
8 (A chorus of ayes.)
9 THE CHAIRMAN: Oppose, nay.
10 That passes unanimously.
11 Unless if I'm wrong, Lee, that's it as far
12 as the resolutions that are necessary today?
13 MR. ELLMAN: That's all.
14 THE CHAIRMAN: Do we need to set the date
15 today?
16 MR. ELLMAN: I think it would be helpful if
17 we, since we've had that discussion via e-mail, I
18 think if anybody is watching about this, it would be
19 good to know that the Board is ready to do this on the
20 30th of November. We will probably schedule for a 7
21 o'clock start to the scoping portion of the meeting
22 and, because we have some items that we put over,
23 perhaps a 6:15 start for the Board's other business,
24 take care of that, and then come back for a brief
25 presentation by the applicant so people coming to the
DIAMOND REPORTING 718-624-7200 Proceedings 127 1 scoping session can see what is proposed and then go
2 into comments.
3 THE CHAIRMAN: Either way, there will be a
4 notice posted of that date, the November 30th date.
5 MR. ELLMAN: We will endeavor to let
6 everyone know, yes.
7 MS. GIRIS: Mr. Chairman, if I might add, if
8 the Board does set this for November 30th, notice has
9 to go in the E&B tonight, just to make sure it gets
10 there, or latest first thing tomorrow. I don't know
11 if that's something you want the applicant to handle,
12 or whether it's something that had the City will
13 handle. Nina is here, as well, and she can speak to
14 that.
15 MS. PEEK: Yeah, we can certainly do that,
16 Lee. I just wanted to make sure that if you wanted us
17 to do it, just let me know and we can go back and
18 forth tomorrow on the contents of the notice.
19 MR. ELLMAN: Yeah, we'll talk about it
20 first thing tomorrow. We're pretty good at SEQRA
21 notices ourselves, but we also have a 26 item agenda,
22 so tomorrow we'll have that chat.
23 MS. PEEK: All right, great, thank you.
24 MR. ELLMAN: Thank you both.
25 THE CHAIRMAN: Okay, then we're good on this
DIAMOND REPORTING 718-624-7200 Proceedings 128 1 item. See you on November 30th.
2 MS. GIRIS: Thank you.
3 THE CHAIRMAN: Okay, Item number 20, is a
4 referral from the Yonkers City Council for a general
5 ordinance amending various sections of the Zoning Code
6 of the City of Yonkers in regard to regulations for
7 solar energy collectors.
8 Lee, do you want to give us the head's up on
9 this one?
10 MR. ELLMAN: As I mentioned in my report to
11 the Board, this is a very very long set of very very
12 minor amendments to the City Zoning Ordinance.
13 Effectively, what it does is find every location in
14 the Zoning Ordinance where we believe you needed to
15 put a specific permission to allow solar panels, solar
16 energy collectors, on the roof or on the site of a
17 building.
18 One of the things we did was to say that no
19 site plan, specifically say that no site plan, review
20 would be required if the solar cells, the solar
21 collectors, are on the roof of the building, they are
22 no higher than 3 feet above the roof of the building,
23 and there is no other evidence of the solar system
24 elsewhere on the site. So, that would make a
25 installation, essentially, only needing a building
DIAMOND REPORTING 718-624-7200 Proceedings 129 1 permit.
2 If an applicant wanted to come in and do a
3 rooftop system that somehow needed other electrical
4 equipment on the ground level elsewhere on their site,
5 that would be still site plan review. If someone
6 sought to have a solar carport or, as this Board
7 approved several years ago, solar carports at Smith
8 Cairns Ford, the Board would look at those
9 installations as site plan review. They would be site
10 plan review, the issue would be more the structure
11 than the fact that it was a solar cell.
12 What we hope to do with this is to make the
13 installation of solar easing across the city to
14 capitalize on the tens of acres of flat roofs around
15 the city that may be usable for solar power and just
16 to make Yonkers a highly solar-friendly city.
17 THE CHAIRMAN: Members of the Board, you got
18 the package. Also in your package, you also got a
19 rundown on what we're doing here, this presentation,
20 any questions on this?
21 MR. LARKIN: No.
22 DR. GILLAN: No.
23 MS. FORSBERG: No.
24 THE CHAIRMAN: All right, I think I also do
25 this, as well.
DIAMOND REPORTING 718-624-7200 Proceedings 130 1 Resolution to forward a favorable
2 recommendation on a general ordinance amending the
3 Yonkers Zoning Ordinance in regard to the use and
4 regulations of solar energy collectors.
5 Findings:
6 1. The Planning Board recognizes that the
7 use of solar energy collectors, commonly called solar
8 panels, by Yonkers residents and businesses has become
9 very common and that the clarification of the use and
10 regulation of solar energy collectors in the Zoning
11 Ordinance would be beneficial.
12 2. He Board realizes that roof mounted
13 solar energy collectors have practically no impact as
14 they are almost invisible to the public and that
15 review by the City's land use Boards in unnecessary.
16 However, the Board recommends that any collector or
17 part of the solar energy system that is located on the
18 ground, outside of the envelope of the building,
19 should remain as an item subject to site plan review.
20 3. The proposed ordinance will allow
21 Yonkers residents and businesses easier access to
22 solar energy collectors for their own purposes and
23 will allow Yonkers to contribute to regional
24 sustainability though solar energy production.
25 4. The Board has found a number of small
DIAMOND REPORTING 718-624-7200 Proceedings 131 1 issues with the proposed amendment and forwards these
2 to the Council in a marked up version of the General
3 Ordinance for the Council's consideration.
4 Now, therefore, the Planning Board makes a
5 favorable recommendation to the Yonkers City Council
6 on the General Ordinance regarding solar energy
7 collectors, presented to the Board at its November 18,
8 2020 meeting.
9 The Planning Board renders its decision
10 based upon facts and findings available to it,
11 specifically:
12 1. Report by the Planning Bureau.
13 2. General knowledge of the City of
14 Yonkers.
15 Do I have a second on my resolution?
16 MRS. LANDI: I'll second it, Mr. Chairman.
17 THE CHAIRMAN: Second by Mrs. Landi?
18 MRS. LANDI: Yes.
19 THE CHAIRMAN: Mrs. Landi, thank you.
20 All in favor, please indicate by saying aye.
21 (A chorus of ayes.)
22 THE CHAIRMAN: Oppose, nay.
23 That passes unanimously.
24 Okay, Items 21, 22, 23, 24, and 25 have been
25 put over. These are all the referrals from the
DIAMOND REPORTING 718-624-7200 Proceedings 132 1 Yonkers City Council to declare different streets as
2 public streets. There will be no action on those
3 items tonight, and they are being held over.
4 We have, I believe, two items, one
5 correspondence, and then one is our calendar. The
6 correspondence item is 72 Alexander.
7 Lee, would you give us a quick rundown? I
8 believe, basically, he just needs more time.
9 MR. ELLMAN: 72 Alexander was the Chicken
10 Island Brewery proposal, and they have run out of time
11 and are seeking an extension.
12 THE CHAIRMAN: Any questions? No.
13 Okay, I have a resolution to extend a site
14 plan approval for a brewery, distillery and an eating
15 and drinking establishment at Block 2608, Lots 25 on
16 the property known as 72 Alexander Street.
17 The Yonkers City Council passed a resolution
18 issuing a 120-day extension of all approvals that have
19 expired over the course of the COVID-19 pandemic.
20 Pursuant to that City Council resolution,
21 and Section 43-112 of the Yonkers City Code, an
22 extension of this approval originally set to expire on
23 September 11, 2020 is hereby granted through and
24 including January 11, 2022.
25 Do I have a second for that resolution?
DIAMOND REPORTING 718-624-7200 Proceedings 133 1 DR. GILLAN: Second.
2 THE CHAIRMAN: Seconded by, was that Dr.
3 Gillan?
4 DR. GILLAN: Yes.
5 THE CHAIRMAN: Thank you, Dr. Gillan.
6 All in favor, please indicate by saying aye.
7 (A chorus of ayes.)
8 THE CHAIRMAN: Oppose, nay.
9 That passes unanimously.
10 We have our 2021 meeting schedule. Everyone
11 receive that in their packet? More or less, it
12 follows the pattern that we've had up to now, that is
13 the second Wednesday of every month unless it falls on
14 a holiday. Does anybody have any questions or
15 comments or changes regarding that schedule?
16 If not, then I make a motion to adopt the
17 2021 Planning Board meeting schedule. Do I have a
18 second?
19 MS. BAKER: Second, Dawn Baker.
20 THE CHAIRMAN: Second by Ms. Baker. All in
21 favor, please indicate by saying aye.
22 (A chorus of ayes.)
23 THE CHAIRMAN: Oppose, nay.
24 That passes unanimously.
25 All right. So, I think everyone that's on
DIAMOND REPORTING 718-624-7200 Proceedings 134 1 here tonight has responded with respect to the special
2 meeting date, that November 30th works best for
3 everybody; is that correct?
4 Okay, that being the case, we'll see
5 everybody on the 30th.
6 Have a happy and safe Thanksgiving, and I
7 look forward to seeing you nice and plump Monday,
8 November 30th.
9 DR. GILLAN: Very good, same to you, Mr.
10 Chairman.
11 THE CHAIRMAN: Motion to adjourn.
12 MS. BAKER: I make a motion.
13 THE CHAIRMAN: Dawn Baker, thank you.
14 Seconded by --
15 MS. FORSBERG: Second.
16 THE CHAIRMAN: -- Mackenzie Forsberg. All
17 in favor, please say aye.
18 (A chorus of ayes.)
19 THE CHAIRMAN: We're adjourned. Thank you
20 and good night.
21 (Proceedings concluded at 8:56 p.m.)
22
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DIAMOND REPORTING 718-624-7200 135 1 STATE OF NEW YORK 2 COUNTY OF WESTCHESTER
3
4 I, CATHERINE ARMENTANO, Notary Public within and
5 for the State of New York, do hereby certify that the
6 within is a true and accurate transcript of the virtual
7 proceedings taken on November 18, 2020
8 .
9
10 I further certify that I am not related to any
11 of the parties to this action by blood or marriage and
12 that I am in no way interested in the outcome of this
13 matter.
14
15
16
17 Dated, New York,
18
19 ______20 CATHERINE ARMENTANO
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DIAMOND REPORTING 718-624-7200