YPB050620.txt
1 STATE OF NEW YORK CITY OF YONKERS ------X MINUTES OF THE CITY OF YONKERS PLANNING BOARD MAY 6, 2020 - 5:35 P.M. at VIRTUAL HEARING DUE TO COVID-19 PANDEMIC
------X
B E F O R E:
ROMAN KOZICKY, CHAIRMAN DAWN BAKER, MEMBER MACKENZIE FORSBERG, MEMBER ADELIA LANDI, MEMBER JOHN LARKIN, MEMBER
P R E S E N T:
LEE ELLMAN, PLANNING DIRECTOR ALAIN NATCHEV, ASSISTANT CORP. COUNSEL
A L S O P R E S E N T: George Kuntz, City of Yonkers Technical Dept. Lenny Carpenito, City of Yonkers Technical Dept.
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2
I N D E X DECISION: PAGE: 1. Andrew Romano - 53 Knowles Street 4
2. Leslie Snyder - 267 Saw Mill River Road 8
3. Janet Giris - 70 Ashburton Avenue 13
4. Michael Zarin - 100A Oak Street 18
5. Jacqueline Washington - 60 Tower Place 25
6. Correspondence 29
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Page 2 YPB050620.txt Proceedings 3 1 THE CHAIRMAN: Everyone ready? 2 MR. ELLMAN: Yes. One question, Lenny is 3 the TV station getting us? 4 MR. CARPENITO: George told me this is not 5 televised. 6 MR. KUNTZ: Yeah, we can only do one at a 7 time. 8 MR. ELLMAN: George, we are being screened? 9 MR. KUNTZ: You are being recorded, yes,
10 you are.
11 MR. ELLMAN: Okay, thank you.
12 THE COURT: Okay. Here we go, we're all
13 ready to go.
14 This is Planning Board meeting pursuant to
15 Governor Cuomo's Executive Order 202.1, The City of
16 Yonkers Planning Board is conducting the Wednesday,
17 May 6th, 2020 meeting at 5:30 p.m. as a distance/
18 virtual meeting.
19 There will be no in-person attendance at
20 this meeting.
21 The meeting will be on a virtual meeting 22 platform, and for information on how to attend, I 23 guess it's a little late, but it is on the Yonkers 24 website, www.yonkersny.gov. 25 Please note, that any matter requiring a
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Page 3 YPB050620.txt Proceedings 4 1 public hearing will be heard after 7:00 p.m., which 2 there are none this evening. And items may be taken 3 out of order to accommodate public comments or as the 4 Board may deem necessary. 5 Moving directly to Item number 1, which is 6 site plan review for a heating and oil company at 7 Block 171, Lot 39 on the property known as 53 Knowles 8 Street pursuant to Article IX of the Yonkers Zoning 9 Ordinance.
10 Mr. Carpenito, if you can unmute attorney
11 Andrew Romano. And, also, I see, if you can unmute
12 Alain Natchev, our Corporation Counsel.
13 All right, Mr. Romano, we just introduced
14 your agenda and we're waiting for your words of
15 wisdom.
16 MR. ROMANO: Yes, sir, I'm pleased to
17 announce that the revision I resolved, the last issue
18 being with the Fire Department on the exit with the
19 garage. I believe Officer DeSantis told the Planning
20 Commisioner that everything is done. So, I really
21 have nothing really further to add at this point,
22 except I think we met everything we had to do on this. 23 THE CHAIRMAN: That is my understanding, 24 too, Mr. Romano. Thank you. 25 Members of the Board, any questions for Mr.
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Proceedings 5 Page 4 YPB050620.txt 1 Romano on this item? 2 MS. FORSBERG: No. 3 MR. LARKIN: No. 4 THE COURT: Staff? 5 MR. ELLMAN: No, we're ready with a 6 resolution from the Board. 7 THE COURT: Very good. In that case, Ms. 8 Baker, do you have a resolution on this matter? 9 MS. BAKER: I do, Mr. Chairman. 10 We have a resolution to approve the heating
11 and oil company at Block 171, Lot 39 on the property
12 known as 53 Knowles Street pursuant to Article IX of
13 the Yonkers Zoning Ordinance.
14 Findings:
15 1. The current application is for a rear
16 addition to the existing single-story structure to
17 allow for the storage of two oil trucks and a small
18 office to service a heating and oil company.
19 2. The applicant has now officially
20 answered all of the outstanding issues from the
21 original set of plans as submitted.
22 The site plan, date stamped March 9th, 2020, 23 being presented to the Planning Board at its meeting 24 of May 6th, 2020 is approved with the following 25 condition:
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Page 5 YPB050620.txt 1 1. Any changes to the approved plans will 2 require an amended site plan approval from the 3 Planning Board. 4 The Planning Board renders its decision 5 based upon facts and findings available to it, 6 specifically: 7 1. Report by the City Engineer 8 2. Report by the City Traffic Engineer 9 3. Report by the Yonkers Fire Department. 10 4. Report by the Planning Bureau.
11 5. General knowledge of the area.
12 Mr. Chairman.
13 THE CHAIRMAN: Thank you, Ms. Baker.
14 Do we have a second on that resolution?
15 MR. LARKIN: Second.
16 THE COURT: Second by Mr. Larkin.
17 Actually, Lee, we needed to do a SEQRA on
18 this first.
19 MR. ELLMAN: We do.
20 THE CHAIRMAN: Okay. So, let's hold that
21 motion aside for a second. I need a motion for a
22 negative declaration as to SEQRA.
23 So moved by Ms. Baker. Second by Ms. Landi. 24 All in favor, please indicate by saying aye. 25 (A chorus of ayes.)
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Proceedings 7
1 THE CHAIRMAN: Oppose, nay. Page 6 YPB050620.txt 2 That passes unanimously. 3 Now, on the resolution itself by Ms. Baker 4 and seconded by Mr. Larkin, to the applicant, you 5 heard the one condition, I assume it's all agreeable? 6 MR. ROMANO: Yes, sir. 7 THE CHAIRMAN: In that case, we'll move to 8 vote. All in favor, please indicate by saying aye. 9 (A chorus of ayes.) 10 THE CHAIRMAN: Oppose, nay. 11 THE CHAIRMAN: That passes unanimously.
12 Thank you very much, Mr. Romano, good luck.
13 MR. ROMANO: Thank you all. Be safe.
14 THE CHAIRMAN: Thank you.
15 Before we move on, Mr. Carpenito, I'm
16 hearing, I'm getting feedback and I'm also hearing a
17 lot of echoing. Is that anything with the system or
18 is that any particular person, what's causing the
19 echo?
20 MR. CARPENITO: That most likely is
21 somebody having their phone and their computer playing
22 at the same time, computer sound.
23 THE CHAIRMAN: Okay. If everyone could 24 double check to make sure they're not both speaking 25 through their computer and through the telephone, I'd
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Proceedings 8
1 appreciate it.
Page 7 YPB050620.txt 2 MR. ELLMAN: George is echoing is 3 tremendously. 4 THE CHAIRMAN: Moving on, we're onto Item 5 number 2, which is site plan review for a proposed Con 6 Edison compressed natural gas storage and injection 7 facility at Block 2410, Lot 72 on the property known 8 as 267 Saw Mill River Road pursuant to Article IX of 9 the Yonkers Zoning Ordinance. 10 Leslie Snyder, representative for the 11 proposal.
12 If you can unmute Leslie Snyder, please.
13 Thank you.
14 Ms. Snyder, item number 2.
15 MS. SNYDER: Good evening, Honorable
16 Chairman and members of the Board.
17 As you probably recall at the April meeting
18 on April 15th, the Board asked for some small
19 revisions to the plans, which we submitted. Those
20 revisions included some additional landscaping and
21 some other minor changes.
22 I believe all the other comments we already
23 addressed. So, we're here tonight for a site plan
24 approval and a negative declaration under SEQRA. 25 THE CHAIRMAN: Yes, that's my understanding,
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Proceedings 9
1 too, Ms. Snyder. 2 Members of the Board, questions to the Page 8 YPB050620.txt 3 applicant? 4 MS. BAKER: No. 5 Ms. FORSBERG: No. 6 MR. LARKIN: No. 7 THE CHAIRMAN: Staff, we're okay? 8 MR. ELLMAN: Yes, we are. 9 THE CHAIRMAN: Lee, we're good? 10 MR. ELLMAN: Yes, we are. 11 THE CHAIRMAN: Okay. In that case, I'll 12 entertain a motion for a negative declaration as to
13 SEQRA. Ms. Forsberg, yes?
14 MS. FORSBERG: Yes.
15 THE CHAIRMAN: She moves. Second by Mr.
16 Johnson. All in favor, please indicate by saying aye.
17 (A chorus of ayes.)
18 THE CHAIRMAN: Oppose, nay.
19 There are no nays. That passes unanimously.
20 Now, a resolution on the item itself, Ms.
21 Forsberg.
22 MS. FORSBERG: Mr. Chairman, we have a
23 resolution to approve a natural gas injection site at
24 Block 2410, Lot 72 on the property known as 267 Saw 25 Mill River Road, the Con Ed facility, pursuant to
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Proceedings 10 1 Article IX of the Yonkers Zoning Ordinance. 2 Findings:
Page 9 YPB050620.txt 3 1. Con Ed is seeking to place an on-site 4 gas injection facility at the existing yard. As 5 indicated by Con Ed representatives, this injection 6 site is required to supplement existing natural gas 7 supply during the current natural gas moratorium. It 8 would supply gas only during times when the average 9 daily temperature would be 0 degrees over a 24-hour 10 period. 11 2. The site will have loading positions for 12 16 gas containers that would be brought to the site
13 using standard 18-wheel tractor trailers. The
14 potential exists, should there be a sustained 0-degree
15 average period, to require transit of one such trailer
16 per hour to supply the needs of the utility's
17 customers.
18 3. The Traffic Engineer is satisfied that
19 the proposed truck route to be used by the gas
20 trailers would not have an undue impact upon the
21 area's traffic.
22 4. The Yonkers Fire Department has reviewed
23 the plans and does not have any concerns that the
24 proposal will cause any undue hazards to area
25 businesses or residences. The Yonkers Fire Department
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Proceedings 11 1 has the expertise and equipment to deal with any 2 emergencies at this facility.
3 5. The Planning Board originally reviewed Page 10 YPB050620.txt 4 this application on February 13th, 2020, and after a 5 meeting with City staff and the submission of revised 6 plans, outstanding questions have been answered. 7 The site plan presented to the Planning 8 Board at its meeting of May 6th, 2020 is approved 9 subject to the following conditions: 10 1. Con Edison shall prepare a draft de- 11 commissioning plan for submission to the Planning 12 Bureau and the Department of Housing and Building. As 13 this site is proposed as a temporary measure during a
14 gas supply moratorium, it is reasonable to expect that
15 it will be de-constructed and the site returned to its
16 former uses at the end of the moratorium. Con Edison
17 will have one year from the cessation of the
18 moratorium to implement the decommissioning plan. An
19 approved decommissioning plan shall be a condition
20 prior to receiving any Certificate of Occupancy/
21 Completion from the City.
22 2. Con Edison shall landscape and maintain
23 the 267 Saw Mill River Road frontage as appropriate to
24 the character of that part of the communities'
25 streetscape. A revised landscape plan shall be
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Proceedings 12 1 provided to the Planning Director prior to receipt of
2 a building permit from DHB. The Director is 3 authorized by the Planning Board to accept, accept
Page 11 YPB050620.txt 4 with revisions, or reject the landscape plan. The 5 Board directs its staff to insure that a sufficient 6 and appropriate amount of landscaping is provided at 7 this part of the site to screen the maintenance yard 8 and the gas injection facility from passersby. 9 The Planning Board renders its decision 10 based upon facts and findings available to it, 11 specifically: 12 1. The report by the Planning Bureau. 13 2. Report by the Traffic Engineer.
14 3. Report by the Deputy Chief, Fire
15 Prevention, Yonkers Fire Department.
16 4. General knowledge of the area.
17 Mr. Chairman.
18 THE CHAIRMAN: Thank you, Ms. Forsberg.
19 Do we have a second on that resolution?
20 MR. LARKIN: Second.
21 MS. BAKER: Second.
22 THE CHAIRMAN: Second by Mr. Larkin.
23 To the applicant, you heard the proposed
24 resolution and the conditions. I assume they were all
25 understood and agreed upon?
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Proceedings 13 1 MS. SNYDER: My only question, Mr. Chairman,
2 is for the draft decommissioning plan, I assume we 3 have to submit that to the Planning Director, not back
4 to your Board, for review. Page 12 YPB050620.txt 5 THE CHAIRMAN: That is my understanding. Is 6 that your understanding, too, Mr. Ellman? 7 MR. ELLMAN: Yes, it is. 8 THE CHAIRMAN: Let that be in the record, as 9 well. 10 If there are no other questions, I'll move 11 directly to a vote. All in favor, please indicate by 12 saying aye. 13 (A chorus of ayes.) 14 THE CHAIRMAN: Oppose, nay.
15 It passes unanimously.
16 Thank you very much, Ms. Snyder.
17 MS. SNYDER: Thank you very much.
18 THE CHAIRMAN: Okay, Mr. Carpenito, if you
19 can unmute Janet Giris at this time.
20 Item number 3 is a site plan review for
21 proposed accessory parking at Block 2024, Lots 40 and
22 48.52 on the property known as 70 Ashburton Avenue
23 pursuant to Article IX of the Yonkers Zoning
24 Ordinance.
25 Janet Giris is the representative for the
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Proceedings 14 1 proposal. 2 Ms. Giris.
3 MS. GIRIS: Good evening, Mr. Chairman. 4 Thank you for being here, thank you to all the members
Page 13 YPB050620.txt 5 of the Board. 6 Just to refresh your recollection, we 7 started off with you on this application back in 8 February. You had some comments that we addressed and 9 we presented to you at your March meeting, but not 10 timely enough for you to do a resolution in March. 11 Then we had hoped for a resolution in April, but there 12 were no decisions at your April meeting. 13 I think we've addressed all the comments and 14 we are hoping for a resolution on this matter.
15 As you might remember, this is just an
16 amendment to the site plan approval to allow
17 additional parking spaces on the property which would
18 allow for this particular apartment house to be rented
19 to all categories. It was a previously limited to
20 seniors, and that was as a result of the availability
21 of parking on the property when it was converted from
22 office.
23 So, it's fairly straight forward and it's
24 the construction of 41 additional parking spaces on
25 the property at 120 and 124 Locust Hill. So, there
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Proceedings 15 1 will be a total of 107 parking spaces to serve this 2 building.
3 THE CHAIRMAN: Okay. Thank you, Ms. Giris. 4 That's my understanding, as well. T-s have been
5 crossed, I-s have been dotted. Page 14 YPB050620.txt 6 Let's go to SEQRA, I'll entertain a motion 7 for a negative declaration as to SEQRA. So moved by 8 Mr. Johnson. Seconded by Ms. Landi. 9 All in favor, please indicate by saying aye. 10 (A chorus of ayes.) 11 THE CHAIRMAN: Oppose, nay. 12 That passes unanimously. 13 And a resolution on the item itself, Mr. 14 Johnson. 15 MR. JOHNSON: Thank you.
16 Mr. Chairman, we have a resolution to
17 approve a site plan application for a parking lot at
18 Block 2024, Lot 42 on the property known as 70
19 Ashburton Avenue and Block 2024, Lots 38 and 40 on the
20 property known as 120 and 124 Locust Hill Avenue
21 pursuant to Article IX of the Yonkers Zoning
22 Ordinance.
23 Findings:
24 1. The proposed parking lot will be
25 accessory to the existing 70 Ashburton Avenue multi-
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Proceedings 16 1 family building and is not for any other use. 2 2. The additional parking will permit the 3 existing building to serve both family and senior
4 citizens as parking will be code compliant for both 5 apartment types.
Page 15 YPB050620.txt 6 The site plan presented to the Planning 7 Board at its meeting of May 6th, 2020 is approved with 8 the following conditions: 9 1. Parking lot illumination shall be 10 maintained at levels complying with Section 11 43-121(B)(2) outdoor lighting. 12 2. Parking shall be used only by residents 13 of 70 Ashburton Avenue and may not be leased to any 14 other resident or user whether on a permanent or 15 temporary basis.
16 The Planning Board renders its decision
17 based upon facts and findings available to it,
18 specically:
19 1. Report by the City Engineer.
20 2. Report by the City Traffic Engineer.
21 3. Report by the Yonkers Fire Department.
22 4. Report by the Planning Bureau.
23 5. General knowledge of the area.
24 Mr. Chairman.
25 THE CHAIRMAN: Thank you very much, Mr.
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Proceedings 17 1 Johnson. 2 If there's no objection, I would like to add 3 a third condition, which is our boilerplate, and that
4 is that any changes to the approved plans will require 5 an amendment to site plan approval from the Planning
6 Board. Page 16 YPB050620.txt 7 Mr. Johnson, no objection to that? 8 MR. JOHNSON: No objection. 9 THE CHAIRMAN: Okay, very good. Do I have a 10 second on the resolution as provided? Second by Mr. 11 Larkin. 12 Ms. Giris, you heard on behalf of the 13 applicant the proposed resolution and the conditions. 14 I assume they're all understood and agreed upon? 15 MS. GIRIS: Yes, Mr. Chairman. 16 THE CHAIRMAN: Thank you very much.
17 I move to vote, then. All in favor, please
18 indicate by saying aye.
19 (A chorus of ayes.)
20 THE CHAIRMAN: Oppose, nay.
21 That passes unanimously.
22 Thank you very much, Ms. Giris.
23 MS. GIRIS: Thank you very much. Be well
24 everybody.
25 THE CHAIRMAN: Okay, who's here for Michael
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Proceedings 18 1 Zarin? Mr. Zarin. Mr. Carpenito, if you could unmute 2 Mr. Zarin. 3 This is Item number 4, which is site plan 4 review and special use permit for proposed site
5 improvements at Block 6380, Lot 50 on the property 6 known as 100A Oak Street pursuant to Article IX of the
Page 17 YPB050620.txt 7 Yonkers Zoning Ordinance. 8 Michael D. Zarin, representative for the 9 proposal. 10 Mr. Zarin. 11 MR. ZARIN: Good evening, Mr. Chairman. 12 Good evening, everyone. Michael Zarin on behalf of 13 Metro Green. 14 I believe this matter was noticed today for 15 the resolution. There were no outstanding issues 16 raised at the prior meeting.
17 We did coordinate a SEQRA review with the
18 City Council on this matter, so we've seen the
19 conditions and the resolution and find them all
20 acceptable, and refer to you all.
21 Thank you.
22 THE CHAIRMAN: Thank you very much, Mr.
23 Zarin.
24 Members of the Board, do we have questions
25 for the applicant?
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Proceedings 19 1 MR. LARKIN: No. 2 MS. FORSBERG: No. 3 THE CHAIRMAN: Staff, are we alright? 4 MR. ELLMAN: Yes, we are.
5 THE CHAIRMAN: Okay, in that case, I'll 6 entertain a motion for a negative declaration as to
7 SEQRA on this item. Page 18 YPB050620.txt 8 MR. ELLMAN: Mr. Chairman. 9 THE CHAIRMAN: Yes 10 MR. ELLMAN: The lead agency was the City 11 Council when they did the zone change, so they assumed 12 all of the SEQRA, so there is no SEQRA tonight. 13 THE CHAIRMAN: Okay. My agenda indicates 14 Planning Board is lead agency, we might want to 15 correct that retroactive. 16 MR. ELLMAN: I have a note to fix that. 17 THE CHAIRMAN: Very good. All right, that
18 being the case, I'll move to propose a resolution on
19 this item. It's the only one that no one picked up
20 because it's a bear, so I'll need a member of the
21 Board, anyone with a proposed resolution on this item?
22 MS. FORSBER: I'll take it.
23 THE CHAIRMAN: Thank you very much,
24 Mackenzie. Please.
25 MS. FORSBERG: Mr. Chairman, we have a
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Proceedings 20 1 resolution to approve the special use permit and site 2 plan for a proposed rock crushing operation at Block 3 6380, Lot 50 on the property known as 100A Oak Street 4 pursuant to Article IX and Article VII, Section 5 43-73(J) of the Yonkers Zoning Ordinance.
6 Findings: 7 1. The Planning Board preliminarily
Page 19 YPB050620.txt 8 reviewed this application in conjunction with the zone 9 change application of September 11th, 2019. The 10 property was a CM District located in the City of 11 Yonkers but surrounded by the City of Mt. Vernon. The 12 zoning of the surrounding Mt. Vernon property is an 13 Industrial District, and on October 22nd, 2019, the 14 City Council rezoned this City of Yonkers property to 15 an I District, as well. 16 2. The facility has been in operation for a 17 number of years serving the construction and
18 development needs of the nearby communities. Although
19 an unlovely use, it is also unquestionably one that is
20 needed to serve the growth of Mt. Vernon, Yonkers, and
21 other adjacent municipalities. It is a known fact
22 that the City of Yonkers makes use of the site for the
23 disposal of rock and soil from its projects.
24 3. The site is one that is unusual in the
25 environment, almost unique for the use it is being put
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Proceedings 21 1 to. Topographically lower than the surrounding 2 properties, it is a natural bowl that serves to hold 3 in water that falls on the site. This assists in 4 keeping debris inside the site that might otherwise 5 escape a less well-suited location. The bowl-like
6 shape also allows any noise generated on the site to 7 largely stay within the site reducing impacts on
8 adjacent industrial businesses. Finally, the site Page 20 YPB050620.txt 9 shares a property boundary with the Metro North 10 Railroad Line, a neighbor that is not harmed by any 11 impacts that might escape from the site. 12 4. The applicant has secured all required 13 permits and certifications from New York State to 14 operate their business. 15 5. While it is true that portions of the 16 adjacent neighborhood in the City of Mt. Vernon have 17 been recently rezoned to a mixed-use commercial and 18 residential zoning, it is also true that much of the
19 community surrounding the Metro Green site continues
20 to be industrial zoning in Mt. Vernon. There were no
21 speakers from the surrounding property owners voicing
22 any concerns at the public hearing. The area to the
23 west of the site in Yonkers is also commercially
24 zoned, but more to the point is made up of several
25 hundred feet of railroad and parkway right-of-way
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Proceedings 22 1 containing neither businesses nor residences. 2 6. The applicant has amended the existing 3 site plan to remove parking from the front of the 4 site, shown that trucks accessing the site can make 5 turns into and out of the site without undue traffic 6 congestion, and that trucks can turn around within the
7 site eliminating any need to back into the site. 8 After holding a public hearing, as required
Page 21 YPB050620.txt 9 by the Zoning Ordinance, and reviewing the site plan 10 and special use permit application, the Planning Board 11 further finds that: 12 1. The proposed rock crushing operation 13 meets the general standards for special use permits 14 found in Section 43-60;. 15 A. The use is found to be in harmony with 16 the general purpose and intent of the Zoning 17 Ordinance; 18 B. The use of this site for a rock
19 crushing operation should not adversely affect the
20 character of the district nor the conservation of the
21 property values nor the health and safety of the area
22 residents and workers on adjacent properties;
23 C. That the site and its use is laid out
24 in such a way as to not create undue congestion or
25 hazards;
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Proceedings 23 1 D. The use will not conflict with the 2 direction of building development as directed in the 3 City of Yonkers Comprehensive Plan or other plans as 4 adopted by the City of Yonkers. 5 2. The proposed rock crushing operation 6 meets the special use permit requirements for rock
7 crushing operations found in Section 43-76(E.). The 8 site is not adjacent to residence district and, as
9 such, is not required to maintain a transitional yard, Page 22 YPB050620.txt 10 natural screening, or fences. 11 The Planning Board at its meeting of 12 May 6th, 2020 approves the site plan and special use 13 permit subject to the following conditions: 14 1. The site shall maintain the tire 15 cleaning grid in good working order for the life of 16 the use. 17 2. The applicant shall continue to clean 18 the streets adjacent to the site and as distant from 19 the site as may show clear signs of fugitive dirt from
20 the site.
21 3. The applicant shall continue to maintain
22 the site in good order, watering the site, piles and
23 trucks as needed to contain fugitive dust.
24 Mr. Chairman.
25 THE CHAIRMAN: Thank you very much, Ms.
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Proceedings 24 1 Forsberg. 2 Do I have a second on that resolution? 3 Second by Ms. Landi. 4 To the applicant, Mr. Zarin, on behalf of 5 the applicant, you heard the proposed resolution and 6 conditions, I assume they're understood and agreed 7 upon?
8 MR. ZARIN: Yes, they are, thank you. 9 THE CHAIRMAN: That being the case, we'll
Page 23 YPB050620.txt 10 move to a vote. All in favor, please indicate by 11 saying aye. 12 (A chorus of ayes.) 13 THE CHAIRMAN: All oppose, nay. 14 It passes unanimously. 15 Thank you very much. 16 MR. ZARIN: All right, thank you all. Be 17 safe. Thank you. 18 THE CHAIRMAN: And the Bureau is, where did 19 you get the term fugitive dust and fugitive dirt?
20 That's interesting, that's a new one, I like that.
21 MR. ELLMAN: Well, because, you know, some
22 of the trucks have driven --
23 THE CHAIRMAN: You're actually a tremendous
24 wordsmith, because I knew exactly what you meant when
25 you said it, when it was read.
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Proceedings 25
1 MR. ELLMAN: It's really just a term of art 2 environmentally and Planning law. 3 Mr. Zarin, you're still on, that's pretty 4 common, right? 5 MR. ZARIN: Yes. I'm sorry, I was about to 6 leave, and then we got into fugitive dust. 7 THE CHAIRMAN: Okay.
8 MR. ZARIN: Thanks a lot. 9 THE CHAIRMAN: I thought that was
10 interesting you didn't talk about fugitive sound, Page 24 YPB050620.txt 11 which my wife always accuses me of sometimes. 12 In any event, let's move on. We're going to 13 go to Item number 5, which is a site plan review for a 14 parking lot and retaining wall at the existing multi- 15 family dwelling at Block 2456, Lot 68 on the property 16 known as 60 Tower Place pursuant to Article IX of the 17 Yonkers Zoning Ordinance. 18 Jacqueline Washington is here. Mr. 19 Carpenito, could you unmut Ms. Washington, yes? 20 Jacqueline Washington is here and is the
21 representative for the proposal.
22 Ms. Washington.
23 MS. WASHINGTON: Good evening, Mr. Chairman
24 and members of the Board.
25 So, I presented on behalf of my mother, Ada
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1 Jones, about the property at 60 Tower place. The 2 retaining wall is existing on the property. So, the 3 retaining wall has failed and we were required to come 4 before the Board in order to get approval so that we 5 can then go back to the Zoning Department to get a 6 permit in order to get those walls repaired. So, I'm 7 here today for a resolution. 8 THE CHAIRMAN: Very good. Ms. Washington,
9 that's my understanding. Everything looks fine. 10 Members of the Board, any questions to the
Page 25 YPB050620.txt 11 applicant? 12 MS. FORSBERG: No. 13 MR. LARKIN: No. 14 THE CHAIRMAN: If not, staff, we're all 15 good? 16 MR. ELLMAN: No, it's a very simple 17 application, yes. 18 THE CHAIRMAN: Okay, I will then entertain a 19 motion for a negative declaration as to SEQRA. 20 So moved by Ms. Baker. Seconded by Ms.
21 Landi.
22 All in favor, please indicate by saying aye.
23 (A chorus of ayes.)
24 THE CHAIRMAN: Oppose, nay.
25 That having passed unanimously.
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Proceedings 27
1 And a resolution on the item itself, Mr.
2 Larkin. 3 MR. LARKIN: Thank you. 4 Mr. Chairman, we have a resolution to 5 approve a rear parking area and retaining wall at 6 Block 2456, Lot 56 on the property known as 60 Tower 7 Place pursuant to Article IX of the Yonkers Zoning 8 Ordinance.
9 Findings: 10 1. The current application is for the
11 relocation of the existing retaining wall at the rear Page 26 YPB050620.txt 12 of the existing multi-family to accommodate 13 perpendicular parking versus the current parallel 14 parking. 15 2. The driveway and parking area will be 16 repaved, striped, and a new exit stair will be created 17 from the three-family house to the new parking area. 18 The site plan presented to the Planning 19 Board at its meeting of May 6th, 2020 is approved with 20 the following condition: 21 1. Any changes to the approved plans will
22 require an amended site plan approval from the
23 Planning Board.
24 The Planning Board renders its decision
25 based upon facts and findings available to it,
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Proceedings 28
1 specifically:
2 1. Report by the Planning Bureau. 3 2. General knowledge of the area. 4 Mr. Chairman. 5 THE CHAIRMAN: Thank you very much, Mr. 6 Larkin. 7 Do we have a second? Second by Ms. Baker. 8 Ms. Washington, you heard the resolution, 9 the only condition there is our boilerplate, if there
10 are any changes, that you need to come with an amended 11 site plan to the Planning Board. I assume that's
Page 27 YPB050620.txt 12 understood and agreed? 13 MS. WASHINGTON: Yes, it is. Thank you. 14 Hallelujah. 15 THE CHAIRMAN: We didn't vote yet, hold on. 16 There will be time for the hallelujah. 17 Members of the Board, all in favor, please 18 indicate by saying aye. 19 (A chorus of ayes.) 20 THE CHAIRMAN: All opposed, nay. 21 No nays, it passes unanimously.
22 Now you can hallelujah.
23 MS. WASHINGTON: Hallelujah.
24 THE CHAIRMAN: Thank you very much, Ms.
25 Washington.
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1 Lee, we have item number 6, which is
2 correspondence, if you could introduce that.
3 MR. ELLMAN: The RXR that opened on Larkin 4 Plaza was done, was approved with rooftop amenities 5 that would be only for the residents of the building. 6 It is their development of the -- it turns out that 7 the retail component below the apartment building on 8 Larkin required additional rooftop infrastructure to 9 serve the retail below it. So, that needed to be done
10 to the amenity of the area. 11 They are looking for a minor amendment to
12 the site plan in order to be able to get that approved Page 28 YPB050620.txt 13 and -- to receive a Certificate of Occupancy. 14 THE CHAIRMAN: Okay, Ms. Armentano is having 15 a problem, Lee, if you could go over that again for 16 the record. 17 MR. ELLMAN: Certainly. The reason this is 18 back before the Board is the applicant had shown the 19 Board a certain amount of rooftop amenity space that 20 would be solely provided for the tenants of the 21 building. This is a change entirely within the foot- 22 print of the building but, nonetheless, the Building
23 Department looks at the site plan, looks at the
24 building plans, and wanted the coverage of the
25 Planning Board look at the change.
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1 The change does not affect the shape of the
2 building on the site, it only affects an amenity that
3 would have been provided only to the residents of the 4 building. And the amenity will still be provided, it 5 simply is not as large a rooftop deck as it had been. 6 THE CHAIRMAN: Okay. Thank you, Lee. 7 Members of the Board, questions at all? 8 MR. LARKIN: No. 9 THE CHAIRMAN: If not, then as is custom, 10 I'll present the resolution for the correspondence
11 item. 12 It's a resolution to approve two minor field
Page 29 YPB050620.txt 13 changes at Block 202, Lot 1 on the property known as 14 16 Nepperhan Street, the RXR SOYO EXALTA, pursuant to 15 Article IX of the Yonkers Zoning Ordinance. 16 Findings: 17 1. The Planning Board originally approved 18 this mixed-use retail and residential building in 19 2013. 20 2. During the course of construction, the 21 applicant made two field changes that require Planning 22 Board approval. The first is a removal of a set of
23 doors on Nepperhan Street at the request of a tenant.
24 The second is a decrease in the rooftop green space
25 due to the addition of mechanical equipment required
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1 by a tenant of the retail space.
2 The correspondence item presented to the
3 Planning Board at its meeting of May 6th, 2020, is
4 approved with the following condition: 5 1. All temporary signs/banners on the 6 building/complex shall be legalized through the 7 Department of Housing and Building Sign Inspector 8 prior to receipt of a Certificate of Occupancy. 9 Specifically, the large banner on the west side of the 10 complex, but also including any similar signs.
11 The Planning Board renders its decision 12 based upon facts and findings available to it,
13 specifically: Page 30 YPB050620.txt 14 1. Report by the Planning Bureau. 15 2. General knowledge of the area. 16 Do I have a second on the resolution? 17 Second by Ms. Landi. All in favor, please 18 indicate by saying aye. 19 (A chorus of ayes.) 20 THE CHAIRMAN: All opposed, nay. 21 That passes unanimously. 22 Thank you very much. And good luck. 23 Actually, Lee, any other items, any other
24 correspondence?
25 MR. ELLMAN: No other items, no other
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1 correspondence. Just, for the Board to remember, we
2 will be meeting again on the 13th, next Wednesday, at
3 5:30 again for our regular meeting.
4 I will send the Board the Affordable Housing 5 Ordinances from White Plains and New Rochelle, to the 6 Chairman, to the Board, as well. Unfortunately, I 7 have not been able to make contact with the Planning 8 actors in either of those cities to get any 9 information about the production that they're seeing 10 under those ordinances. 11 One of the things that the Board will see is
12 that those, both New Rochelle and White Plains, have 13 Ordinances that are very similar to the current
Page 31 YPB050620.txt 14 Yonkers Ordinance, and not similar at all to the 15 proposed amended Ordinance. 16 So, there are some slight changes, I mean, 17 they're not exactly the same Ordinance. They're easy 18 to go through, being the differences stand out, so I 19 will just send those tomorrow morning to the Board for 20 comparison. And we'll also get reports either late 21 tomorrow or early on Friday. 22 THE CHAIRMAN: All right. Thank you very 23 much, Lee. If there's no other questions, comments or
24 correspondences, then I'll entertain a motion to
25 adjourn.
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1 So moved by Ms. Landi. Seconded by Mr.
2 Johnson. All in favor, please indicate by saying aye.
3 (A chorus of ayes.)
4 THE CHAIRMAN: Oppose, nay.
5 That passes unanimously. We are adjourned. 6 (Proceedings concluded at 6:12 p.m.) 7 8 9 10 11
12 13
14 Page 32 YPB050620.txt 15 16 17 18 19 20 21 22 23 24
25
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STATE OF NEW YORK COUNTY OF WESTCHESTER
I, CATHERINE ARMENTANO, Notary Public within and
for the State of New York, do hereby certify that the within is a true and accurate transcript of the proceedings taken on May 6, 2020 .
I further certify that I am not related to any of the parties to this action by blood or marriage and that I am in no way interested in the outcome of this
matter.
Page 33 YPB050620.txt
Dated, New York,
______CATHERINE ARMENTANO
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Page 34