White Plains Urban Renewal Agency

OFFICE OF THE CITY CLERK MUNICIPAL BUILDING • 255 MAIN STREET •WHITE PLAINS, NY 10601 (914) 422-1227 • (914) 422-1330 Fax __________________________________________________________________ Jill Iannetta Lisa McGee City Clerk/Registrar Deputy Registrar The City of White Plains Common Council will hold its regularly scheduled meeting on Tuesday September 6, 2022 at 7:30 p.m., in the Common Council Chambers, 255 Main Street, White Plains, NY. Be advised that one member of the Common Council will attend this meeting by video- conference or similar service from 110 West Street, Bar Harbor Maine 04609, which site is open for the public to attend from the same location.  The Common Council approval of a fee-in-lieu of providing adequate park and recreation facilities at-grade for the proposed 21 dwelling units on a per residential unit size basis ($2,500 per studio unit, $3,000 per one-bedroom unit, and $3,500 per two bedroom and larger unit) amounting to a total fee of $62,500 to be paid by the applicant to the City and to be used exclusively for park, playground, and other recreational purposes, including the acquisition of real property. The total fee shall be made by the Applicant in two equal installments of $31,250, the first at the time of issuance of the first building permit by the Department of Building, and the second upon issuance of a Temporary Certificate of Occupancy (TCO) by the Commissioner of Building. In the event that no Temporary Certificate of Occupancy is required, the second payment shall be made prior to issuance of a Certificate of Occupancy (CO) by the Commissioner of Building. The payment is to be used exclusively for park, playground, and other recreational purposes, including the acquisition of real property. E. Approval of a Stormwater Pollution Preventions Plan (“SWPPP”) by the Commissioner of Public Works, and such utility improvements as may be required by the Department of Public Works or such other Westchester County or New York State agencies as may have jurisdiction; and WHEREAS, the Applicant has submitted the following additional materials in support of the current proposed extension of Special Permit and Site Plan approvals: 1. An application letter dated 7/18/2022, prepared by William S. Null, Cuddy & Feder LLP. 2. Resolution, as adopted by the Common Council on 12/6/2021, granting one-year extension to the Special Permit and Amended Site Plan Approval. 3. Department of Building Short Environmental Assessment Form, dated 7/15/2021. 4. Resolution, as adopted by the Common Council on 11/2/2020, granting one-year extension to the Special Permit and Amended Site Plan Approval. 5. Special Permit and Amended Site Plan Approval resolution, as adopted by the Common Council on 8/5/2019; and . WHEREAS, the Applicant previously submitted the following materials in support of the 2021 Project Approval: 1. An application letter dated July 16 2021 as prepared by Mr. William Null. 2. A Building Short Form Permit Application dated June 18, 2019. 3. A Full Environmental Assessment Form dated July 15, 2021 4. A letter report dated January 17, 2020 prepared by Mr. Pietro A. Catizone, P.E. 5. A cost proposal prepared by Montessano Brothers dated July 13, 2021; and WHEREAS, the Applicant previously submitted the following materials in support of the 2019 Project Approval: 1. A letter dated June 18, 2019 as prepared by Mr. William Null. 2. A Building Short Form Permit Application dated June 18, 2019. 3. A Full Environmental Assessment Form dated December 18, 2018. 4. A Solid Waste Management Plan dated June 14, 2019. 5. A Storm Water Management Report dated June 14, 2019 as prepared by Catizone Engineering P.C. 6. A letter dated July 17, 2019, from William Null transmitting the Comparative Parking Survey prepared by Papp Architects , P.C., also dated July 17, 2019. 2 7. Site plan drawings prepared Papp Architects, P.C. entitled "Alteration and Conversion to Multi-Family Residential, 37 DeKalb Avenue, White Plains, NY", dated June 14, 2019 (unless otherwise noted): Drawing # Title Prepared by Dated or last revised SD-001 Site Development Data SV-101 ALTA/ACSM Land Title Survey of Property, dated June 6, 2011, last revised June 6, 2011, last revised June 26, 2013, prepared by Link Land Surveyors P.C. SD-100 Site Demolition Plan SD-101 Site Layout Plan SD-102 Site Lighting Plan SD-103 Site Photometric Plan SD-104 Site Landscaping Plan SD-105 Grading Plan, Prepared By Catizone Engineering, P.C.; SD-106 Utility Plan, prepared by Catizone Engineering, P.C.; JSD-403 Building Plans SD-404 Building Plans SD-405 Building Elevations SD-502 Site Details SD-503 Site Details; and Conditions WHEREAS, the Environmental Officer has recommended that conditions included in the 2019 and 2020 Approval Resolutions that were recommended by the various departments, boards and commissions, be continued and adopted as part of the Proposed Action and are hereby considered to be a part of the Proposed Action for purposes of the environmental review and site plan approval (hereinafter referred to as “Conditions”): A. As per the recommendation set forth in the communication of the Commissioner of Planning dated July 24, 2019: 1. The project shall contain an 8% affordable component for families earning 60% of the Westchester County Median Family Income, for a total of two affordable units comprised of one (1) studio and one (1) one-bedroom apartment. The dedicated affordable units must remain in perpetuity for the life of the project. The location, specific unit bedroom count, and total unit size of each of the two affordable units within the project shall be depicted on the final approved site plan to the satisfaction of the Commissioner of Planning as Director of the White Plains Affordable Rental Housing Program pursuant to existing program guidelines. 2. The Common Council make the requisite finding pursuant to New York State General City Law §27-a, that the site plan does not provide adequate land for park and recreation facilities based on the project’s anticipated generation of 36 new residents, projected future overall growth in City population, and evaluation of the City’s present and anticipated future needs for park and recreation facilities as presented in the Planning Department communication to the Common Council, dated January 4, 2016, regarding the reservation of parkland on all multi-family site plans or payment of money-in-lieu thereof. 3. The Common Council should assess a fee-in-lieu of providing adequate park and recreation facilities at-grade for the proposed 21 dwelling units on a per residential unit size basis ($2,500 per studio unit, $3,000 per one-bedroom unit, and $3,500 per two bedroom and larger unit) amounting 3  to a total fee of $62,500 to be paid by the applicant to the City and to be used exclusively for park, playground, and other recreational purposes, including the acquisition of real property. The total fee shall be made by the Applicant in two equal installments of $31,250, the first at the time of issuance of the first building permit by the Department of Building, and the second upon issuance of a Temporary Certificate of Occupancy (TCO) by the Commissioner of Building. In the event that no Temporary Certificate of Occupancy is required, the second payment shall be made prior to issuance of a Certificate of Occupancy (CO) by the Commissioner of Building. The payment is to be used exclusively for park, playground, and other recreational purposes, including the acquisition of real property. 4. All landscaping shall continue to be maintained in a healthy growing condition throughout the duration of the "structure" or "use" which it is intended to serve. Any planting not so maintained shall be replaced with new plants at the beginning of the next growing season. 5. A Construction Management Plan is required for the development of the Proposed Project and a coordination plan for coordinating construction with other construction projects in the area, if any, including City projects which will be going on contemporaneously with this Project. The Plan shall include strict controls on all aspects of construction, including construction related impacts on adjacent properties and properties within the construction impact area, such as, but not limited to, hours of operation of construction vehicles and construction work on the site, hours of deliveries to the site, location of deliveries, requirements for loading/unloading and storage of materials on the Project site, length of time travel lanes can be encumbered, sidewalk closings or pedestrian diversions to ensure the safety of the pedestrians, controls on "fugitive dust" and the impact of run-off from the site on the City storm drain system, such as from the wash down of delivery vehicles departing the site (all such vehicles must be cleaned on pads located on the site and all drainage must have proper filtration of the wash-down water), noise, pest control, street cleaning, site security, scheduling of periodic meetings with nearby residents and City staff to coordinate project construction and keep residents advised. The Construction Management Plan shall be subject to the approval of the Commissioners of Building, Public Safety, Public Works, Traffic, and Planning and the Environmental Officer. 6. A pre-construction meeting must be held with the applicant, the contractor, the Building Inspector, the Environmental Officer, and other staff, as needed, to review the construction plan and time-line, and to detail City requirements and applicant responsibilities during construction. B. As per the communication of the Commissioner of Public Works, dated for the Common Council meeting scheduled for July 1, 2019: 1. The City's Commissioner of Public Works must certify to the Westchester County Department of Health, as the agent for the New York State Department of Health, the adequacy of the municipal water and sewer system and services with respect to the proposed site redevelopment. A. It is required that the applicant perform a CCTV inspection on a portion of the existing sanitary sewer system in the vicinity where the existing and/or proposed sanitary services connect to the city's system and the area of downstream flow (8" VTP sewer main from 36 DeKalb Avenue to Maple Avenue - approximately 1,174 L.F.) and provide DPW with a written report, along with supporting videos and available pipe capacity calculations (based on half full maximum 4  allowed pipe flow) for existing and post development conditions for the Commissioner's review. B. The existing water main servicing the property is a 6" diameter cast iron pipe installed in the 1920s. The applicant will be required to replace approximately one hundred and seventy (170) linear feet (LF) of the water main with an eight (8) inch ductile iron pipe (Fronting the property on DeKalb and will including a new water valve at the intersection of Carhart Ave and DeKalb Ave.) C. Applicant will be required to provide sanitary infrastructure improvements (in the form of manhole and pipe lining) within the Mamaroneck Valley Sanitary Sewer District, in which the project is located, to reduce infiltration and inflow (I and I). The improvements, which will include the lining of five (5) sanitary sewer manholes and five hundred (500) linear feet (LF) of existing sewer mains, located in the vicinity of the project, shall be undertaken at the developer's expense. The locations of manholes and sewer mains to be lined shall be determined by the Commissioner of Public Works. 2. Applicant's MEP Engineer of Record (EOR) must provide an engineering report with design calculations substantiating the proposed size of each of the water and sanitary sewer service lines. This process entails coping with the mean daily flows of each respective system, but more importantly, the peak flows. The EOR is the applicant's New York State Licensed Design Professional responsible for ensuring that the project's service lines are adequate for its intended inhabitants and uses. Applicant shall include the sizing methodology to determine the total amount of potable water demand for both domestic and fire use and the sewage flow from the building, in order confirm that the sizes of the water and sewer services are designed to meet current New York State Code requirements . A. Note that under NYSDEC regulations, the repurposing of an existing building yielding a proposed sanitary sewer service flow in excess of 2,500 gpd, requires that the service be approved by the Westchester County Department of Health (WCDOH.) 3. Owner must obtain a City of White Plains Department of Public Works (DPW) MS4 Storm Water permit, prior to the issuance of a Building Department permit. Work or encumbrance to be performed within the municipal right-of-way will require other DPW permits prior to undertaking the work. 4. Backflow prevention devices must be installed on all proposed water service lines. A. New backflow prevention devices to be installed on the fire and domestic water services, as a result of the proposed site alterations, must be located in a utility room that must also accommodate a master water meter. The application for the backflow device installations must be prepared by a Licensed New York State Professional Engineer and submitted to the Department of Public Works for review and subsequent final approval by the WCDOH. The floor drain for said room must be adequate to comply with White Plains Department of Public Works and WCDOH requirements. B. After the approved backflow prevention devices have been installed and successfully tested, the applicant's licensed professional must certify that the installation was performed according to the WCDOH approved plans and a completed copy (per installed devise) of the department's Form DOH-1013 (Report on Test and Maintenance of Backflow Prevention Devise Form) must be provided to the City, as the water purveyor, prior to the issuance of a Temporary Certificate of Occupancy (TCO) by the Department of Building. 5 5. Existing sanitary and water services shall be abandoned at the main, including all associated restoration work, as directed by DPW. Plans should provide the locations and limits of existing services to be abandoned. 6. The proposed stormwater features proposed within the city's right-of-way must be revised as follows: A. Proposed drain manhole DMH-1 must be installed with new 15" diameter outflow pipe directed to the existing manhole at intersection; B. Existing or proposed catch basin CI-1 structure must be upgraded or replaced, if necessary. Its outflow pipe must be redirected to proposed manhole DMH-1; C. Catch basin CI-1 must be installed with ECO-Phase II Type -"STD" curb piece, with the words "DUMP NO WASTE DRAINS TO WATERWAYS" cast on it and bicycle safe grate, in accordance with DPW standards; D. Existing 12" CB lead from CI-1 shall be abandoned in accordance with DPW standards. 7. Applicant will be required to update plans to include the following ROW items in the areas surrounding the property: A. The proposed pedestrian-ramps at the southwest comer of the intersection must be installed in accordance with the latest ADA requirements and must include tactile warning pads, in accordance with DPW standards; B. The proposed 4'wide sidewalk fronting the property, as shown in plan sheet SD-101, shall be updated to 5'wide, in accordance with DPW requirements; C. Verify that sidewalks at the driveway entrance and exit comply with latest ADA requirements. 8. The construction of all stormwater facilities must be under the supervision of the stormwater design Engineer of Record (EOR.) To ensure the proper maintenance of the site's stormwater device(s,) an as-built drawing must be provided to the Department of Public Works, signed and sealed by said engineer, or by a New York State Licensed Land Surveyor, and a typical escrow account must be established for the maintenance of the permanent stormwater facilities. The Commissioner of Public Works has the right to utilize this escrow account to perform maintenance work, should the owner fail to be responsive. Further, the City's Department of Public Works, should they be required to contract the work, will receive an additional 20% of all costs as an administrative fee. A standard DPW Stormwater Maintenance Agreement must be executed with the City, approved by the Corporation Counsel, prior to the issuance of a TCO. 9. All tree species being proposed to be installed within the City's ROW will require approval from DPW and the City's Arborist, prior to planting. 10. Applicant shall provide a certified copy of the topographic survey signed and sealed by a Licensed NYS Land Surveyor. The topographic survey provided by the applicant, as part of the plans shown on sheet SV-101, does not have the required licensed surveyor seal and signature. 11. All existing sanitary sewer and stormwater drain structures, where new connections to the municipal system are being proposed, shall be inspected for capacity and structural integrity, in order to determine that the structures can safely accept the proposed connections and the additional 6  flows. An inspection report indicating the conditions of each structure, and the option to repair or replace if needed, shall be provided to DPW for review and acceptance. 12. Plans indicate the existing catch basin(s) around the perimeter of the site will remain. These catch basins will require that their castings be replaced with new eco-friendly models with bicycle-safe grates, in accordance with DPW's Standard Construction Details. Label plans accordingly and provide details as necessary. Any drainage structures found to be in need of repair, shall be updated, replaced or repaired by the applicant, at the applicants expense, and as directed by the Commissioner of Public Works 13. Prior to issuance of a Building Permit, verify all the existing underground utilities on the plans, including gas, telephone, fiber optics, sanitary sewer, drain and all water lines (include number of conduits and/or number of ducts per bank.) It is highly recommended that test pits be performed at all the locations where proposed lines cross existing utility conduits, in order to prevent interference during construction. This is critical for the proposed sanitary main upgrade servicing the project. 14. Revise plans to include the "Department of Public Works Construction Notes for Subdivisions and Developments" sheet. Please contact DPW Engineering if additional information is required. 15. The completed DPW Solid Waste Management Form, included with submittal, indicates the applicant is requesting that the City provide collection of the site's solid waste, recycled cardboard and co- mingled materials; with curb-side pickup listed. Note that if the DPW is to provide trash and recyclable collection services, the City reserves the right to terminate services at any time. A plan clearly showing the sanitation truck (WB-40) turning radius and pickup location must be provided for the Commissioner of Public Works' approval prior to obtaining a Building Department Permit. 16. All construction under the jurisdiction of the Department of Public Works must be in conformance with the Department's standards, regardless of what may be shown or omitted on the plan. 17. Add a note to the plans stating that "All construction under the jurisdiction of the DPW must be in conformance with DPW standards regardless of what may be shown on the plans. All materials to be used within the municipal right of way must be domestic made and/or must comply with latest revision of the "Buy American Provisions of the American Recovery and Reinvestment Act of 2009." 18. Upon completion of proposed development, an as-built drawing, signed and sealed by the engineer of record, must be submitted detailing all utilities, including the drainage system as installed and all site drainage features existing and proposed, prior to the issuance of a TCO. 19. All construction work shall be subject to the City's Construction Management Protocol. This Protocol includes, among other things, a Construction Management Plan; erosion and sedimentation control measures; hours of operation; parking; site access, etc. The requirements for the White Plains Construction Management Protocol for the proposed redevelopment of the site are set forth below: A. A Construction Management Plan is required for the development of the proposed project and a coordination plan for coordinating construction other construction in the area, if any, including City projects, which will be going on contemporaneously with this project. The plan shall include strict controls on all aspects of the construction, including construction related impacts on adjacent properties and properties within the construction impact area, such as, but not 7  limited to, hours of operation of construction vehicles and construction work on the site, hours of deliveries to the site, location of deliveries, requirements for loading/unloading and storage of materials on the project site, length of time travel lanes can be encumbered, sidewalk closings or pedestrian diversions to ensure the safety of the pedestrians, controls on "fugitive dust" and the impact of run-off from the site on the City storm drain system, such as from the wash down of delivery vehicles departing the site. (Note: All such vehicles must be cleaned on pads located on the site and all drainage must have proper filtration of the wash-down water,) noise, pest control, street cleaning, site security, scheduling of periodic meetings with nearby residents and City staff to coordinate project construction and keep residents advised. The Construction Management Plan shall be subject to the approval of the Commissioners of Building, Public Safety, Public Works, Traffic, Planning and the Environmental Officer. B. Since vibration from excavation and construction equipment and work could have negative impacts on adjacent properties, the applicant must take all appropriate steps to avoid impacts to such properties, including pre-disturbance surveys of the adjoining properties not owned by the applicant, use of procedures approved by the Departments of Public Safety and Building for rock chipping (if any is to be conducted,) pile driving, sheeting and shoring around the excavation area, and any such other necessary protections as are deemed appropriate and protective of the adjoining properties by the Commissioner of Building. If blasting is required, separate approval must be obtained from the City Departments of Building, Public Safety and Public Works. (The City has a separate protocol for blasting.) In developing the excavation and construction procedures, the applicant shall consult with residents within the construction impact area on their needs and concerns and provide an adequate understanding of the construction process, and ensure proper notice to these owners; this includes creating a photographic record of structural conditions of buildings in the designated construction impact area if rock chipping or blasting will occur. C. The Construction Management Plan for the proposed project shall require that the applicant ensure, through appropriate measures to be mutually agreed upon between the City and the applicant, that the parking location requirements for construction workers will be strictly enforced. As part of the Construction Management Plan, the applicant shall submit a parking plan for construction workers, which designates the construction manager as the responsible party to ensure that the proposed parking plan is enforced. Once a parking plan is approved by the City for construction workers, the applicant shall be required to provide all construction contractors with information on where their workers and the subcontractors are permitted to park and provide clear consequences for the failure to follow these regulations. The parking plan shall also designate the routes to the construction site for construction workers and construction vehicles, which routes must be approved by the Deputy Commissioner of Parking for Transportation Engineering, Commissioner of Public Safety and Commissioner of Public Works. Such routes shall be along arterial and collector streets, with minimum use of minor streets if deemed necessary to access the construction site. For core area development, it is anticipated that parking for construction workers will be arranged through the City's Department of Parking. The applicant should commence discussions with the Parking Department as soon as possible to address this issue if parking in a municipal lot parking garage is proposed for construction worker parking. D. The Construction Management Plan shall prohibit staging or "waiting" by construction vehicles on City streets, unless previously approved in writing by the Commissioners of Public Works and Public Safety. E. As to "fugitive dust," the applicant must develop a plan for the protection of adjacent properties, satisfactory to the Commissioner of Building and the Environmental Officer. 8 F. Due to the proximity of sensitive receptors, such as nearby residents, noise from the construction site could potentially have negative impacts, the Construction Management Plan must address both noise impacts and air quality impacts of construction equipment as follows: i. The internal combustion engine-powered construction equipment used in the construction of the project shall be limited to late model (1998 and newer) so as to take advantage of the cleaner burning engines. Also, these off-road pieces of equipment will have better sound attenuation properties. Exceptions to this shall be subject to the approval of the Commissioner of Building upon a demonstration that it is not feasible or practicable to obtain the required equipment. Unless an exception is granted by the Commissioner of Building, no engines shall be used unless "critical" level exhaust silencers are fitted. This is the quietest of the three main categories and is consistent with what the City uses for its own fleet. ii All non-road vehicles over 50HP used with regard to this project shall utilize the best technology available for reducing the emission of pollutants, including, but not limited to, retrofitting such non-road vehicles with oxidation catalysts, particulate filters, and/or technology with comparable or better effectiveness. All construction equipment shall include PM2.5 emission controls. The City recognizes that there is a cost associated with PM2.5 emission controls, but the size, scope, and length of time necessary to construct each project warrants the additional cost on the part of each project developer to ensure reduced emissions during the construction phase. iii. All diesel powered non-road vehicles in use at this construction site shall be fueled only with ultra-low sulfur diesel having a sulfur content of no more than fifteen (15) parts per million. All fuel delivered for use at this construction site shall consist of said fuel. iv. "Non-road vehicle" means a vehicle that is powered by non-road engine, fifty (50) horsepower and greater, which shall include, but not be limited to, excavators, backhoes, cranes, compressors, generators, bulldozers, and similar equipment. v. "Non-road engines" mean an internal combustion engine (including the fuel system) that is not used in a motor vehicle used solely for competition or that is not subject to standards promulgated under Section 7411 or Section 7521 of Title 42 of the United States Code (USC,) except that this term shall apply to internal combustion engines used to power generators, compressors, or similar equipment used in any construction program or project. G. Prior to the issuance of any building or excavation permits, the applicant and its construction management team, including principal contractors, must meet together with representatives of the City's Departments of Building, Public Works, Public Safety, and Planning and the Environmental Officer, to review the Project Construction Management Plan and to ensure that all responsible parties understand their responsibilities under that plan. H. The applicant shall equip all construction equipment with "back up" sound attenuation devices. I. The applicant shall be responsible to ensure that all streets and/or roadway infrastructure which are damaged as a result of construction activities will be repaired to City standards. Funding for such repairs will be drawn from the bond posted with the City, Builder's Risk Insurance, and by the applicant for such damage that is not covered by the bond or insurance. J. The Construction Management Plan shall address the maintenance of the respective properties during the construction phase. Prior to the commencement of construction, the project applicant shall also be required to maintain its property and ensure that it is clean and free from hazardous conditions. 9  K. The City of White Plains Standard Construction Details and Specifications shall supersede anything submitted by the applicant which is inconsistent with those standards. L. The applicant shall include a note on both the approved special permit/site plan and the Construction Management Plan about soil and erosion control regulations and the need to comply with the applicable City of White Plains and New York State Department of Environmental Conservation regulations including, in all cases, providing appropriate controls on site to prevent runoff from the site into City streets and storm drainage system and, where applicable, the requirements of the approved SWPPP. M. The applicant shall submit to the Commissioner of Public Works for review and approval, a certified property survey by a licensed surveyor with metes and bounds shown for all property lines. The applicant shall provide coordinates in NAD 83 on the property survey. N. Applicant shall provide to the Commissioner of Public Works for his review and approval profiles of the proposed service utilities, depicting existing utility crossings. 0. The construction sequence of this proposed project must be coordinated with the City's Department of Public Works before it can issue permits to close streets or sidewalks and disconnect or otherwise interrupt utility services, which will likely have a significant impact to the surrounding neighborhood. P. Applicant or any of its successor( s) or assign(s) shall be required to notify the Corporation Counsel of the City of White Plains in writing within thirty (30) days of any change in ownership, transfer of title, or any change in the corporate structure of same; and WHEREAS, the Environmental Officer has recommended that the additional condition included in the communication of the Commissioner of Public Works, dated December 1, 2021, be adopted: • We have received a letter dated November 23, 2021 from the owners of 37 Dekalb Avenue, (37 Dekalb Owner, LLC) to confirm an agreement to contribute $125,000 to the City in lieu of the owner performing the work required by Condition 6 of the Site Plan Approval Resolution Dated August 5, 2019, requiring the replacement of 170 Linear feet of 8” water main and the lining of 500 linear feet of sanitary sewer and 5 sanitary Manholes in the vicinity of the project. The $125,000 will be used by the Public Works Department, at it’s descrecion, to repair Sanitary sewer lines in the City; and WHEREAS, the Environmental Officer has recommended that the Common Council (a) reconfirm itself to be the Lead Agency for the environmental review of the Proposed Action; (b) reconfirm and determine that the Proposed Action is an Unlisted Action under SEQR regulations; (c ) find that the project has not changed and that there are no new circumstances that would affect the SEQR Findings adopted for the 2019, 2020 and 2021 Approvals; and (d) reconfirm and determine that the Proposed Action, when compared to the SEQR criteria of environmental effect, will not have a significant effect on the environment; and WHEREAS, the Common Council has considered the Proposed Action, Conditions and reports from the various City departments, boards or commissions and involved agencies, and public comments which, when considered together, constitute the Environmental Review Record which serves as a basis for the SEQR determination; now, therefore, be it 10  RESOLVED, that, based on the foregoing, the Common Council Common Council reconfirms itself as Lead Agency for the Environmental review of the Action; and be it further RESOLVED, that, based on the foregoing findings, the Common Council reconfirms that the Proposed Action is an Unlisted Action under SEQR regulation; and be it further RESOLVED, that, based on the foregoing findings, the Common Council finds that the project has not changed and that there are no new circumstances that would affect the SEQR Findings adopted for the 2019, 2020 and 2021 Approvals; and be it further RESOLVED, that the Common Council has examined the potential environmental effects of the Proposed Action and reconfirms and makes the following environmental findings: (a) The Proposed Action is consistent with the Comprehensive Plan and the White Plains Zoning Ordinance. Comprehensive Plan Consistency The proposed project facilitates the goals set forth by the 1997 and 2006 Update to the Comprehensive Plan. The Plan states that efforts should be made to protect the Carhart neighborhood from intrusion of commercial uses, accessory uses and their impacts, including parking, traffic and conversion of residential uses to nonresidential uses. The proposed project seeks to convert a non-conforming commercial property into a residential use of similar size and density to existing residential properties, and in keeping with the land use patterns of the neighborhood. The proposed project is consistent with the strategies and economic development goals of the Comprehensive Plan. Zoning Compliance The application for a Special Permit and Site Plan Approval is consistent with the Zoning Ordinance amendment adopted April 1, 2019, to allow the adaptive re-use of certain buildings in the R2-2.5 Zoning District as a Special Permit Use: Zoning Ordinance Section: 6.7.34.1Existing non-conforming buildings may be converted to “multi-family dwelling” use, subject to meeting the following conditions: 6.7.34.1.1 The “building” to be converted must qualify as to both “non-conforming use” and “non-conforming dimensionally”, as such terms are defined in Section 2 hereof. 6.7.34.1.2 The minimum “lot” area shall be 17,500 square feet. 6.7.34.1.3 There shall be no minimum lot area per dwelling unit. Density will be controlled by dimensional limitations of the building and parking requirements. 6.7.34.1.4 “Building coverage” shall not increase, nor shall any existing “yards” be reduced. 6.7.34.1.5 The maximum “floor area ratio” shall be 1.30. 6.7.34.1.6 The maximum “height” shall not exceed 3 stories and 35 feet. 6.7.34.1.7 Off-street “parking spaces” shall be determined by the approval agency subject to a recommendation by deputy commissioner of parking responsible for transportation engineering, but in no case shall less than one space per dwelling unit be provided. 11 The project involves the conversion of the vacant building on the subject premises from a nonconforming nursing home building to a multi-family apartment building containing 21 dwelling units and standing 3 stories and approximately 35-feet. The existing vacant, two-story building is legally non-conforming dimensionally as it was constructed in compliance with the dimensional standards of the 1949 Zoning Ordinance. The Proposed Action conforms to the dimensional standards applicable to the conversion of existing nonconforming buildings to a “multi-family dwelling” use in the R2-2.5 District. PROPOSED PROJECT DIMENSIONS MINIMUM / REQUIRED 37 DEKALB AVENUE Lot Area (Square feet) 17,500 sf 19,100 sf Building coverage Existing shall not increase. 9,350 sf / 49% 9,350 sf / 49% Floor Area Ratio 1.30 1.30 Building Square Feet 24,449 sf Existing: 22,659 sf Height - feet 35 ft. 35 ft. Height - Stories 3 3 Front Yard No reduction of existing 19.9 ft. 19.9 ft. No less than existing yard One Side yard 10 ft. 10 ft. Two side yards No less than existing yard 20 ft. 20 ft. Rear yard No less than existing yard 18 ft. 18 ft. Number of Units 21 units 21 units Lot Area per Dwelling 900 sf / dwelling unit 909 sf / dwelling unit Unit (Square Feet) Off-street Parking In the R2-2.5, off-street Existing: 9 spaces. parking shall be Proposed: 21 spaces (1/unit) determined by the approval agency, subject to the recommendation of the Transportation Engineer, but in no case shall be less than one space per dwelling unit. The Proposed Action is subject to the regulations in Sections 6.5, 6.7 and 7.5 of the Zoning Ordinance. 6.5 Special Permit Standards 12 6.5.1 The location and size of the special permit “use”, the nature and intensity of the operations involved in it or conducted in connection with it, the size of the site in relation to it, and the location of the site with respect to “streets” giving access to it are such that it will be in harmony with the appropriate and orderly development of the area in which it is located. The location, size, nature and intensity of the proposed project were previously analyzed in regard to the Zoning Ordinance amendment adopted April 1, 2019, to allow the adaptive re-use of certain buildings in the R2-2.5 Zoning District as a Special Permit Use. During this review, the proposed project was compared to existing multi-family apartment buildings in the neighborhood including Paladin’s Keep and Live Oaks. The project as proposed will be similar to these buildings, compliant with the individual standards and requirements for this special permit use, and therefore in harmony with the neighborhood. 6.5.2 The location, nature and “height” of “buildings”, walls and fences and the nature and extent of existing or proposed plantings on the site are such that the special permit “use” will not hinder or discourage the appropriate development and “use” of adjacent land and “buildings.” The subject premises is improved with a building (formerly the Nathan Miller Center nursing home) containing approximately 21,862 square feet of floor area. The site has been vacant for several years. The proposed development preserves and reuses the existing building and is more consistent with the development pattern of the neighborhood in terms of height, density, and use - it will be a residential use, not a commercial facility. Accordingly, the project will not hinder or discourage appropriate development of adjacent land and buildings. 6.5.3 Operations in connection with any special permit “use” will not be more objectionable to nearby properties by reason of noise, traffic, fumes, vibration or other characteristics than would be the operations of permitted “uses” not requiring a special permit. The proposed residential development will not generate any more noise, traffic, fumes, vibration or other characteristics that are any different than the other nearby multi-family apartments or single-family residences. The proposed project is compatible with the existing uses in the neighborhood. 6.5.4 “Parking Lots” will be of adequate size for the particular special permit “use”, properly located and suitably screened from adjoining residential “uses” and the entrance and exit drives shall be laid out so as to achieve maximum convenience and safety. The project will provide 21 parking spaces, or one space per dwelling unit in an at-grade parking lot and a covered garage. As described below, the Applicant has submitted a Comparative Parking Survey indicating that the 21 spaces proposed for this building is also similar to the number of parking spaces provided at nearby multifamily ·buildings on a per bedroom count, including La Gianna (10 DeKalb Avenue) and Paladin's Keep (24 Carhart Avenue). The project maintains the existing entrance driveway from Carhart Avenue and exit driveway to DeKalb Avenue. The project maintains the configuration of the current parking lot and driveways which abut the western and southern property lines. These will be screened toward the adjacent residential properties by the installation of a 6 ft. high wooden slat fenced. 13 6.7 Individual Standards and Requirements for Certain Special Permit “Uses” 6.7.34 “Multi-Family Dwellings” in the R2-2.5 District 6.7.34.1 Existing non-conforming buildings may be converted to “multi-family dwelling” use, subject to meeting the following conditions: 6.7.34.1.1 The “building” to be converted must qualify as to both “non-conforming use” and “non-conforming dimensionally”, as such terms are defined in Section 2 [of the Zoning Ordinance]. This former Nathan Miller Center for Nursing complied with the dimensional standards of the 1949 Zoning Ordinance when constructed. With the adoption of the 1981 Zoning Ordinance, it is considered a pre-existing non-conforming structure, both in terms of its use and dimensionally. 6.7.34.1.2 The minimum “lot” area shall be 17,500 square feet. The size of the lot is 19,100, in conformance with this section. 6.7.34.1.3 “Building cover age” shall not increase, nor shall any existing “yards” be reduced. Building coverage will not increase over existing conditions. The building coverage is currently 49% and will remain 49%. The existing yards will not be reduced and remain in conformance with the zoning requirements of the R2-2.5 Zoning District. 7.7.34.1.4 The maximum “floor area ratio” shall be 1.30. 7.7.34.1.5 The maximum floor area ratio is 1.3, in conformance with this section. The proposed gross floor area of the building is proposed to be 24,449. The size of the lot is 19,100. Therefore the FAR is 1.3. 6.7.34.1.5 The maximum “height” shall not exceed 3 stories and 35 feet. The proposed height of the building is 33 feet, in compliance with this section. 6.7.34.1.6 The minimum “lot” area per dwelling unit shall be 900 square feet. The proposed number of dwelling units is 21, or one unit per 909 square feet, in compliance with this section. 6.7.34.1.7 Off-street “parking spaces” shall be determined by the approval agency subject to a recommendation by the deputy commissioner of parking responsible for transportation engineering, but in no case shall less than one space per dwelling unit be provided. The number of parking spaces per unit has been established at 1.0 per dwelling unit or a total of 21 spaces. There are nine (9) outside parking spaces at the back of the building and 12 covered parking spaces located at-grade, on the first floor of the building. Applicant has submitted a Comparative Parking Survey indicating that the 21 spaces proposed for this building is also similar to the number of parking spaces provided at nearby multifamily ·buildings on a per bedroom count, including La Gianna (10 DeKalb Avenue) and Paladin's Keep (24 Carhart Avenue). 14  Comparative Parking Survey, July 17, 2019 Subject Project-37 DeKalb Ave. (Rental) Number of Dwelling Units: 21 Parking Spaces Provided: 21 Number of Bedrooms: 25* Ratio of Bedrooms to Parking Spaces: 1.19 Live Oaks- 5O DeKalb Ave. (Condominium) Number of Dwelling Units: 30 Parking Spaces Provided: 31 Number of Bedrooms: 51* Ratio of Bedrooms to Parking Spaces: 1.6 La Gianna-10 DeKalb Ave. (Rental) Number of Dwelling Units: 56 Parking Spaces Provided: 72 Parking Spaces Assigned: 66 Number of Bedrooms: 68* Ratio of Bedrooms to Parking Spaces: 0.97 Paladin's Keep-24 Carhart (Condominium) Number of Dwelling Units: 40 Parking Spaces Provided: 70 Number of Bedrooms: 64** Ratio of Bedrooms to Parking Spaces: 0.91 Notes: * Studio Apartment is counted as I-Bedroom. ** Estimated assumes 60% 2-Bedroom; 40% I-Bedroom The 21 parking spaces proposed are sufficient for a pre.- existing nonconforming building being adaptively restored, particularly given its proximity to the downtown. 7.5 Site Plan Standards 7.5.1 Conformity of all proposals with this Ordinance and with the goals of the “Comprehensive Plan.” As stated, the project is consistent with the City’s Comprehensive Plan. 7.5.2 Safe, adequate and convenient vehicular and pedestrian traffic circulation both within and without the site. At least the following aspects of the “site plan” shall be evaluated to determine conformity to this standard: 7.5.2.1 The effect of the proposed development on traffic conditions on existing “streets.” The proposed project will not have an effect on traffic conditions and existing streets, subject to confirmation by the Deputy Commissioner of Parking. 7.5.2.2 The number, locations and dimensions of vehicular and pedestrian entrances, exits, drives and walkways. 15  A one-way vehicular entrance into the project is provided on Carhart Avenue (approximately 100 feet from the corner at DeKalb Avenue), wraps around the back of the building, and exits onto DeKalb Avenue. Vehicles entering from Carhart Avenue head south and travel along an approximately 10-foot wide lane and can either park outside in the adjacent at-grade parking spaces, enter into the covered parking area on the southern side of the building or exit the building completely onto DeKalb Avenue. The covered parking area contains an ingress/egress center lane and 12 parking spaces. There are nine (9) outside spaces, seven (7) diagonal and two (2) parallel. The main resident entrance into the building is on DeKalb Avenue. There are two additional entrances into the building, one on the southern side, within the covered parking area, and one at the back of the building near the outside parking spaces. Subject to confirmation by the Deputy Commissioner of Parking, the number, location and dimension of vehicular and pedestrian entrances and exits is sufficient. 7.5.2.3 The visibility in both directions at all exit points of the site. The driver of an automobile exiting the site should have an unobstructed view of the “street” for that distance necessary to allow safe entrance into the traffic stream. Visibility into and out of the site is adequate as confirmed by the City’s Deputy Commissioner of Parking. 7.5.2.4 The location, arrangement and adequacy of off-“street” “parking lots,” which shall, at a minimum, meet the requirements of Section 8 of this Ordinance. The City’s Deputy Commissioner of Parking has determined that the number of parking spaces is sufficient. 7.5.2.5 Interconnection of “parking lots” via access drives within and between adjacent “parking lots,” in order to provide maximum efficiency, minimize curb cuts, and encourage safe and convenient traffic circulation. The parking areas are connected appropriately, as confirmed by the City’s Deputy Commissioner of Parking. Two snow stockpile areas are provided on the western side of the site. 7.5.2.6 The location, arrangement and adequacy of "loading spaces," which shall, at a minimum, meet the requirements of Section 8 of this Ordinance. No loading spaces are required, pursuant to Section 8 of the Zoning Ordinance. 7.5.2.7 Patterns of vehicular and pedestrian circulation both within the boundaries of the development and in relation to the adjoining "street" and sidewalk system. Applicant proposes to replace the existing sidewalk with a new sidewalk that conforms to Department of Public Works standards. 7.5.2.8 The location, arrangement and adequacy of facilities for the physically handicapped, such as ramps, depressed curbs and reserved "parking spaces." 16  Appropriate provisions for the physically disabled are provided, as confirmed by the City’s Deputy Commissioner of Parking. 7.5.2.9 The location, arrangement and adequacy of landscaping within and bordering "parking lots" and "loading spaces," which shall, at a minimum, meet the requirements of Section8.7.5 of this Ordinance. Applicant’s Landscaping Plan shows the addition of four (4) new deciduous trees along DeKalb Avenue, ample ground cover, new lawn and gravel mulch around the perimeter of the building, in conformance with Section 8.7.5 of the Zoning Ordinance. 7.5.2.10 Adequacy of fire lanes and other emergency zones. Appropriate fire zones have been provided as confirmed by the Commissioner of Public Safety. 7.5.3 The protection of environmental quality and the preservation and enhancement of property values in the neighboring area. 7.5.3.1 The location, height and materials of walls, fences, hedges and plantings so as to insure harmony with adjacent development, screen "parking lots" and "loading spaces," and conceal storage areas, refuse areas, utility installations and other such features. Such walls, fences, hedges and plantings shall, at a minimum, meet the requirements of Sections 4.4.16, 4.4.19 and 8.7.5 of this Ordinance. The project maintains the configuration of the current parking lot and driveways which abut the western and southern property lines. These will be screened toward the adjacent residential properties by the installation of a 6 ft. high wooden slat fenced. All new plantings will be in harmony with and an improvement to the surrounding neighborhood. 7.5.3.2 The prevention of dust and erosion, both during and after construction, through the planting of ground cover or the installation of other appropriate ground surfaces. The proposed project will be subject to the City’s construction management protocols to the satisfaction of the Commissioner of Public Works. Appropriate erosion and sediment controls will be implemented in accordance with a Stormwater Pollution Prevention Plan (“SWPPP”) approved by the Commissioner of Public Works. This will minimize the potential of dust generation and sediment in stormwater during the soil disturbance activities and after construction is completed. 7.5.3.3 The preservation of natural features of the site such as wetlands, unique wildlife habitats, historic "structures," major trees and scenic views both from the site and onto or over the site. The project site is completely built out. As such, there are no disturbances to wetlands, unique wildlife, historic structures, major trees or scenic views. 7.5.3.4 The conformity of exterior lighting to the requirements of Section 4.4.20 of this Ordinance. 17  Applicant’s Lighting Plan indicates 12 new Wall Lights located on the westerly and southerly side of the site, along the wrap-around driveway area. In addition, Linear LED Indirect strips and illuminated railings are proposed. All lighting will be in conformance with Section 4.4.20 of the Zoning Ordinance. 7.5.3.5 The design and arrangement of "buildings," "structures" and accessory facilities (such as air conditioning systems, public address systems, etc.) so as to achieve minimum and acceptable noise levels at the property boundaries. The project has been designed in a manner to minimize noise impacts on the surrounding neighborhood. 7.5.3.6 The provision of adequate storm and surface water drainage facilities so as to properly drain the site while minimizing downstream flooding. Applicant will be required to obtain a City of White Plains Department of Public Works (DPW) MS4 Storm Water permit, prior to the issuance of a Building Department permit. 7.5.3.7 Access to sunlight for present and potential solar energy systems, both on and off site, as well as "building" siting, orientation and landscaping, meeting at a minimum the requirements of Section 4.4.21 of this Ordinance. The Applicant does not propose any construction that will inhibit or block sunlight that is to be used by any approved solar energy system. 7.5.4 A quality of "building" and overall site design which will enhance and protect the character and property values of the adjacent neighborhood. Applicant proposes to convert an existing non-conforming nursing home that has been vacant for years into a residential apartment building that is consistent with the existing fabric of the Carhart neighborhood. The project will eliminate a vacant, commercial building and replace it with an attractive and productive residential use. Affordable Housing Pursuant to Title IX, Chapter 9-7, Article 1 of the White Plains Municipal Code entitled Affordable Rental Housing Regulations, adopted May 6, 2019, the project is subject to the City’s Affordable Rental Housing Program (ARHP), which was established by the City of White Plains to assist families with incomes between 50% and 99% of the Area Median Income (AMI) to obtain rental housing in “ARHP Applicable Rental Projects.” In accordance with Section 9-7-3 Affordable Housing Requirements, the applicant has opted to provide 2 units (8% of the total units) as affordable to those qualifying at 60% of the Westchester County Median Income (AMI) as follows: Unit Type Total Unit Mix Affordable Units Market Rate Units Studio 5 1 4 1BR 12 1 11 18  2BR 4 0 4 Total 21 2 19 The dedicated ARHP Affordable Units must remain affordable in perpetuity, for the life of the project. Applicant’s project is subject to the Affordable Housing Rental Regulations that are outlined in Section 9-7-3, and include, but are not limited to the following: • Affordable Units must be provided onsite and allocated by unit size (bedroom count) in the same proportion as the Market Rate Units. • Affordable Units shall be distributed throughout the building(s). • The Affordable Unit(s) shall be of comparable square footage to the Market Rate Units. Open Space and Parkland No public open space is proposed for the project. As such, pursuant to the recommendations from the Planning Department regarding the reservation of parkland on all multi-family site plans or payment of money-in-lieu thereof, the Common Council makes the requisite finding simultaneous with granting special permit and site plan approval that the submitted plan does not provide adequate land for park and recreation facilities on the project’s anticipated generation of 36 new city residents, projected future overall growth in City population, and evaluation of the City’s present and anticipated future needs for park and recreation facilities as presented to the Common Council in the Planning Commissioner’s communication, dated January 4, 2016, regarding the reservation of parkland on all multi-family site plans or payment of money-in-lieu thereof. Under the per unit size fee schedule previously established by the Common Council, $2,500 per studio unit, $3,000 per one-bedroom unit, and $3,500 per two-bedroom unit or larger, the additional 21 units at 37 DeKalb Avenue would result in a total fee-in-lieu payment to the City of $62,500. The total fee shall be made by the Applicant in two equal installments of $31,250 the first at the time of issuance of the first building permit by the Department of Building, and the second upon issuance of a Temporary Certificate of Occupancy (TCO) by the Commissioner of Building. In the event that no Temporary Certificate of Occupancy is required, the second payment shall be made prior to issuance of a Certificate of Occupancy (CO) by the Commissioner of Building. The payment is to be used exclusively for park, playground, and other recreational purposes, including the acquisition of real property. (b) The Proposed Action should not cause a substantial adverse change in existing air quality, ground or surface water quality, traffic or noise levels, solid waste production levels or potential for erosion, flooding, leaching or drainage problems. This involves the conversion of the former Nathan Miller Center for Nursing, a 21,862 square foot vacant two-story building with nine (9) off-street parking spaces, to a multi-family apartment building containing 21 dwelling units. Since the building at 37 DeKalb Avenue has been abandoned for a significant period of time, the existing utilities into the property may need to be updated due to any increased demand of the proposed re-use of the building. Any construction under the jurisdiction of the Department of Public Works (DPW), including utility connections, storm drainage, driveways, sidewalks, pavement replacement, etc., would be in conformance with the current DPW standards. 19  The Applicant will be required to perform a CCTV inspection and analysis of the existing sanitary sewer system in the vicinity and complete improvements necessary to provide sanitary service to the new use at the developer's expense. The Applicant will be required to replace approximately one hundred and seventy (170) linear feet (LF) of the water main with an eight (8) inch ductile iron pipe and other improvements necessary to provide water service (“Water Service Improvements”) to the new use at the developer's expense. It noted that the applicant, in the current July 16, 2020 application, stated the existing municipal water service lines are adequate to serve the proposed 21 unit residential development and requested that the condition for Water Service Improvements included in the 2019 and 2020 approval resolutions be eliminated. The current Proposed Action continues to include these Water Service Improvements. Any modification to these improvements would be subject to approval by the Department of Public Works. Applicant will be required to obtain a City of White Plains Department of Public Works (DPW) MS4 Storm Water permit, prior to the issuance of a Building Department permit. Work or encumbrance to be performed within the municipal right-of-way will require other DPW permits prior to undertaking the work. The proposed 21 new dwelling units will not generate any significant impacts to traffic levels in the Carhart Neighborhood. (c ) No large quantities of vegetation or fauna will be removed by the Proposed Action. No endangered species of plant or animal should be adversely affected by the Proposed Action. No other significant adverse impacts to natural resources will result from the Proposed Action. The proposed project involves the adaptive reuse of a site currently occupied by the existing building and parking lot. (d) The character or quality of important historical, archeological, architectural or aesthetic resources of the City or any neighborhood will not be adversely affected by the Proposed Action. The property contains the former Nathan Miller Center for Nursing, a 21,862 square foot vacant two-story building with nine (9) off-street parking spaces. The site has been vacant for several years. The proposed development preserves and reuses the existing building and is more consistent with the development pattern of the neighborhood in terms of height, density, and use - it will be a residential use, not a commercial facility. The multi-family use at 37 DeKalb Avenue would be similar to the other non-conforming, multi-family residential buildings in the immediate neighborhood: Paladin's Keep with 30 dwelling units at 24 Carhart Avenue and Live Oaks with 31welling units at 50 DeKalb Avenue. The project maintains the configuration of the current parking lot and driveways which abut the western and southern property lines. These will be screened toward the adjacent residential properties by the installation of a 6 ft. high wooden slat fenced. (e) No major change in type or quantity of energy used will result from the Proposed Action. (f) No hazard to health or human safety will be created. 20  There is no reason to expect any hazard to human health or safety resulting from this Proposed Action. All development is subject to the appropriate municipal safety codes and approved by the Departments of Building, Public Safety, and Public Works. (g) The Proposed Action will not create a substantial change in the use, or intensity of use, of land or natural resources or the area’s capacity to support existing uses. It will not attract a significantly large number of people to the place, neighborhood or community. (h) The Proposed Action will not result in the creation of a material demand for other actions which would result in one of the above consequences. (I) The Proposed Action will not result in changes in two or more elements of the environment, no one of which has a significant effect on the environment, but which when taken together, result in a substantial adverse impact on the environment. (j) The Proposed Action does not represent a change in two or more related actions that, when considered cumulatively, would result in substantial environmental impacts. (k) No significant impacts have been identified as a result of the Proposed Action when assessed in connection to its setting, duration, geography scope, magnitude and number of people affected; and be it further RESOLVED, based on the foregoing reasons, the Common Council hereby reconfirms and determines that the Proposed Action will not have a significant effect on the environment; and be it further RESOLVED, that the Environmental Officer is authorized to file the appropriate notice as required by SEQR. 21