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 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 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

23

24

25

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

21

22

23

24

25

DIAMOND REPORTING 718-624-7200