White Plains Urban Renewal Agency

COMMON COUNCIL AGENDA REGULAR STATED MEETING December 11, 2023 7:30 PM PLEDGE TO THE FLAG: Hon. Justin Brash ROLL CALL: City Clerk APPOINTMENTS: 1. Appointment of Elizabeth Marrinan, AICP to the Planning Board. F/S 2. Appointment of David A. Brezler as Legislative Aide. F/S PUBLIC HEARING: 3. Public Hearing in relation to an application submitted on behalf of the Elizabeth Seton Pediatric Center for amended site plan approval at 315-317 North Street W hite Plains, NY, which is an environmentally sensitive site as defined by Chapter 3-5 of the White Plains Municipal Code. OPEN/CLOSED 4. Public Hearing in relation to an application submitted on behalf of T/I/C 280 Ferris Avenue and MIB 1031 LLC for a zoning map amendment to change the zoning classification of 290 Ferris Avenue (Section 125.34, Block 1, Lot 2), at the southw est corner of Ferris Avenue and Cemetery Road, from the existing R2-4 Residential One and Two Family District to the adjacent LI Light Industrial District. (Mr. Martin recused himself) OPEN/CLOSED FIRST READING ORDINANCES: 5. Communication from the Chairman of the Capital Projects Board requesting authorization to direct the Budget Director to amend the Capital Projects Fund by establishing Capital Project No.C5634 "Public Elevator Modernization FY2024.” F/S 6. Ordinance of the Common Council of the City of White Plains to amend the Capital Projects Fund by establishing Capital Project No. C5634, entitled  “Public Elevator Modernization FY2024.” ADOPTED 7-0 7. Bond Ordinance, dated December 11, 2023 authorizing the issuance of $1,515,000 aggregate principal amount serial bonds of the City of White Plains, County of Westchester, State of New York, to finance the costs of the installation or reconstruction of an elevator system in a municipal garage. ADOPTED 7-0 8. Communication from the Corporation Counsel in relation to the settlement of certain tax review proceedings. F/S 9. Ordinance authorizing the settlement of certain tax review proceedings. ADOPTED 7-0 10. Communication from the Corporation Counsel in requesting a non-exclusive franchise to Uniti National, LLC to construct, erect, operate and m aintain a fiber optic telecommunications system in the City of White Plains. F/S 11. Ordinance granting a non-exclusive franchise to Uniti National, LLC to construct, erect, operate and maintain a fiber optic telecommunications system S in the City of White Plains. ADOPTED 7-0 12. Communication from the Corporation Counsel requesting authorization to enter into an agreement with Mount Hope Plaza Housing Development Fund Corporation and Mount Hope Plaza LLC with respect to the Intermunicipal Agreement for a Housing Implementation Fund Grant from the County of Westchester in support of an affordable housing project located at 63 Lake Street in the City of White Plains. F/S 13. Ordinance amending an Ordinance of the Common Council of the City of White Plains entitled “Ordinance of the Common Council of the City of White Plains to Amend the Capital Projects Fund by Establishing Capital Project No. C5631, entitled “Mount Hope Plaza Improvements,” and authorizing the Mayor to enter into an Inter-municipal Developer Agreement with the County of Westchester and Mount Hope Community Development Corporation.” ADOPTED 7-0 14. Ordinance of the Common Council of the City Of White Plains authorizing the Mayor to enter Into an agreement with Mount Hope Plaza Housing Development Fund Corporation and Mount Hope Plaza LLC with respect to the Intermunicipal Agreement for a Housing Implementation Fund Grant from the County of Westchester in support of an affordable housing project located at 63 Lake Street in the City of White Plains. ADOPTED 7-0 15. Communication from the Commissioner of Planning requesting to amend a previously approved ordinance of the Common Council dated September 13, 2021 to correctly reference the non-abbreviated Mount Hope Community Development Corporation and to authorize the Mayor to enter into an agreement with such corporation. F/S 16. Ordinance amending the Ordinance of the Common Council of the City of  White Plains granting the application submitted by Mt Hope Community Development Corporation under Section IV of the City's Affordable Home Ownership Program enacted on September 13, 2021. ADOPTED 7-0 17. Communication from the Commissioner of Planning requesting authorization to modify the lease for the White Plains Adult Community Center at Armory Plaza, 65 Mitchell Place. F/S 18. Ordinance approving an amended lease, with a seventeen year term for space in the White Plains Armory currently occupied and used by the White Plains Adult Community Center. ADOPTED 7-0 19. Communication from the Commissioner of Public Works requesting authorization to amend Paragraph F of Appendix A, Section 7-8-121 of the White Plains Municipal Code, Water Rules and Regulations prescribed by the Commissioner of Public Works pertaining to revising certain water rates and charges. F/S 20. Ordinance of the Common Council of the City of White Plains amending Paragraph F of Appendix A, Section 7-8-121 of the White Plains Municipal Code, Water Rules and Regulations prescribed by the Commissioner of Public Works pertaining to revising certain water rates and charges. ADOPTED 7-0 21. Communication from the Commissioner of Public Safety requesting authorization to amend the Intermunicipal License Agreement with the County of Westchester for participation in a Mutual Aid and Rapid Response Plan to allow the installation of mobile radios in police vehicles. F/S 22. Ordinance of the Common Council of the City of White Plains authorizing the Mayor, or his designee, to amend the Intermunicipal License Agreement with the County of Westchester for participation in a Mutual Aid and Rapid Response Plan to allow the installation of mobile radios in police vehicles. ADOPTED 7-0 23. Communication from the Commissioner of Public Safety requesting authorization to amend the Intermunicipal License Agreement with the County of Westchester for participation in a Mutual Aid and Rapid Response Plan to allow the replacement of the antenna currently installed at 77 South Lexington Avenue. F/S 24. Ordinance of the Common Council of the City of White Plains authorizing the Mayor, or his designee, to amend the Intermunicipal License Agreement with the County of Westchester for participation in a Mutual Aid and Rapid Response Plan to allow the replacement of the antenna currently installed at 77 South Lexington Avenue. ADOPTED 7-0 25. Communication from the Commissioner of Recreation and Parks requesting authorization to enter into an agreement between the City of White Plains and the New York Knicks, LLC to enable the City to participate in the 2023-2024 Junior Knicks Affiliate Program. F/S 26. Ordinance of the Common Council of the City of White Plains authorizing the Mayor or his designee, to execute an agreement between the City of White Plains and the New York Knicks, LLC to enable the City to participate in the 2023-2024 Junior Knicks Affiliate Program. ADOPTED 7-0 27. Communication from the Commissioner of Recreation and Parks requesting authorization to enter into an agreement with Rent-A-Christmas, LLC to rent a holiday tree with lights to be installed in Renaissance Park. F/S 28. Ordinance of the Common Council of the City of White Plains authorizing an agreement with Rent-A-Christmas, LLC to rent a holiday tree with lights to be installed in Renaissance Park. ADOPTED 7-0 29. Communication from the Director of the Youth Bureau requesting authorization to receive a Liberty Partnership Program grant in the amount of $11,500 to support the Youth Bureaus Great Potential Program and to authorize the Budget Director to amend the FY 2023/24 Youth Development Fund to reflect this grant. F/S 30. Ordinance authorizing the City of White Plains authorizing the City to receive a Liberty Partnership Program grant in the amount of $11,500 to support the Youth Bureaus Great Potential Program and to authorize the Budget Director to amend the FY 2023/24 Youth Development Fund to reflect this grant. ADOPTED 7-0 31. Communication from the Director of the Youth Bureau requesting authorization to enter into a contract with The Friends of the White Plains Youth Bureau to administer and implement the Social Justice for Youth Internship Program. F/S 32.S Ordinance of the Common Council of the City of White Plains authorizing the Youth Bureau to enter into a contract with the Friends of the White Plains Youth Bureau to administer and implement the Social Justice for Youth Internship Program. ADOPTED 7-0 33. Communication from the Commissioner of Parking requesting authorization to amend the Traffic Ordinance of the City of White Plains in relation to the increase of parking meter rates and the fine for elapsed time in garages. F/S 34. Ordinance amending the Traffic Ordinance of the City of White Plains in relation to the increase of parking meter rates and the fine for elapsed time in garages. ADOPTED 7-0 35. Communication from the Director of Personnel requesting authorization to amend Sections 2-5-76 of the White Plains Municipal Code by reallocating a certain position title and amending the 2023-2024 Table of Organization by reallocating, adding and abolishing certain positions. F/S 36.S Ordinance amending Sections 2-5-76 of the White Plains Municipal Code by reallocating a certain position title and amending the 2023-2024 Table of  Organization by reallocating, adding and abolishing certain positions. ADOPTED 7-0 37. Communication from the Acting Chairman of the Transportation Commission amending the Traffic Ordinance of the City of White Plains. F/S 38. Ordinance adding a subdivision to Section 303-a Creating a “Stop Intersections” at Heatherbloom Road and Oxford Road, amending (3) Two Hour Meter Parking Zones Located at Fisher Court, Quarropas Street and Dr. Martin Luther King Boulevard, Creating (2) “No Stopping Except School Buses 8:00 A.M. to 8:30 A.M. and 1:45 P.M. to 2:15 P.M.” z ones on Waller and Carhart Avenues and Modifying a “Loading Zone” on both sides of Mamaroneck Avenue. ADOPTED 7-0 RESOLUTIONS: 39. Communication from the Corporation Counsel requesting authorization to enter into a memorandum of understanding with the County of Westchester to permit access to the Westchester County Clerk’s online land and legal Public Viewer System. F/S 40. Resolution of the Common Council of the City of White Plains authorizing the Mayor or his designee to enter into a memorandum of understanding with the County of Westchester to permit access to the Westchester County Clerk’s online land and legal Public Viewer System. ADOPTED 41. Communication from the Corporation Counsel regarding Westchester County Industrial Development Agency’s proposed inducement of a development project at 20 Haarlem Avenue, 27 Holland Avenue and 7-11 Holland Avenue on behalf on NW Plains venture LLC by leasing and subleasing back said building. F/S 42. Resolution of no objection to Westchester County Industrial Development Agency’s issuance of sales tax and tax exemptions to construct two mostly residential buildings containing a total of 296 residential units with parking, some small retail space and publicly accessible open space at 20 Haarlem Avenue, 27 Holland Avenue and 7-11 Holland Avenue on behalf on NW Plains venture LLC by leasing and subleasing back said building. ADOPTED 43. Communication from the Commissioner of Planning transmitting the Comprehensive Plan and recommending that the Common Council declare its intent to serve as lead agency pursuant to SEQRA. F/S 44. Resolution of the White Plains Common Council declaring its intent to serve as lead agency pursuant to SEQRA for the Environmental Review of the One White Plains Comprehensive Plan. ADOPTED 45. Communication from the Corporation Counsel in relation to a petition subm itted on behalf of White Plains Hospital Center requesting zoning amendments. F/S 46. Resolution of of the Common Council of the City of White Plains scheduling a public hearing for January 2, 2024, in relation to a petition for a Zoning Map Amendment to re-zone three parcels from B-3 to the O-R Zoning District; to remove the 20 foot special building setback on the easterly side of S. Lexington Avenue between Maple Avenue and East Post Road; and to expand the Central Parking Area. ADOPTED 47. Communication from the Commissioner of Public Works in relation to a petition by Cuddy and Feder representing White Plains Hospital Center, for the proposed discontinuance of a portion of Davis Avenue between Maple Avenue and East Post Road pursuant to Section 152 of the White Plains Charter and Section 29 of the General City Law. F/S 48. Resolution of of the Common Council of the City of White Plains scheduling a Public Hearing for January 2, 2024 in relation to the proposed discontinuance of a portion of Davis Avenue between Maple Avenue and East Post Road pursuant to Section 152 of the White Plains Charter and Section 29 of the General City Law. (Mr. Payne recused himself on Items 45-48) ADOPTED REFERRED TO LAW, BUILDING, DESIGN REVIEW BOARD, PLANNING, PLANNING BOARD, PUBLIC SAFETY, PUBLIC WORKS, TRAFFIC, TRANSPORTATION, PARKING AND WESTCHESTER COUNTY PLANNING BOARD AND ENVIRONMENTAL OFFICER 49. Communication from the Commissioner of Building in relation to an application submitted on behalf of MCRT Investments LLC for a one year extension of the special permit and site plan approval associated with the proposed development project at 39 Westmoreland Avenue. F/S ITEMS 50-59 F/S 50. Communications from Design Review Board 51. Commissioner of Planning 52. White Plains Planning Board 53. Commissioner of Public Safety 54. Commissioner of Public Works 55. Deputy Commissioner of Parking 56. Transportation Commission 57. Commissioner of Parking 58. W estchester County Planning 59. Environmental Officer 60. Environmental Findings Resolution ADOPTED 61. Resolution of the Common Council of the City of White Plains extending the site plan and special permit approvals originally granted on November 7, 2022 to MCRT Investments LLC for an additional one year expiring on November 7, 2024 for the development of property known as 39 Westmoreland Avenue. ADOPTED 62. Communication from the Commissioner of Building in relation to an application submitted on behalf of NY Presbyterian Hospital for a proposed amendment to a previously approved site plan associated with 1111-1129 Westchester Avenue. F/S ITEMS 63-72 F/S 63. Communications from Design Review Board 64. Commissioner of Planning 65. White Plains Planning Board 66. Commissioner of Public Safety 67. Commissioner of Public Works 68. Deputy Commissioner of Parking 69. Transportation Commission 70. Commissioner of Parking 71. W estchester County Planning 72. Environmental Officer 73. Environmental Findings Resolution ADOPTED 74. Resolution of the Common Council of the City of White Plains approving the application submitted on behalf of New York Presbyterian Hospital for an amendment to an approved site plan for property known as 1111 & 1129 Westchester Avenue. ADOPTED 75A Communication from Neil J. Alexander of Cuddy and Feder LLP requesting an adjournment from the December 11, 2023 Common Council agenda to the January 2024 agenda. F/S 75. Communication from the Commissioner of Building in relation to an application seeking an extension of the site plan approval associated with the project at 60 South Broadway. TABLED ITEMS 76-84 TABLED Communications from 76. Design Review Board 77. Commissioner of Planning 78. White Plains Planning Board 79. Commissioner of Public Safety 80. Commissioner of Public Works 81. Deputy Commissioner of Parking 82. Transportation Commission 83. Commissioner of Parking 84. Environmental Officer 85. Environmental Findings Resolution TABLED 86. Resolution of the Common Council of the City of White Plains extending the site plan  approval originally granted on March 4, 2019 for an additional one year expiring on March 4, 2024 to Quarterra f/k/a LMC/Lennar Multifamily Communities, LLC the owner of the premises located at 60 South Broadway, to construct two 28 story rental apartment buildings containing a total of 814 dwelling units, 28,014 square feet of retail space and a below grade parking garage containing 907 parking spaces. TABLED ITEMS FOR REFERRAL: 87. Communication from the Commissioner of Building in relation to an application submitted on behalf of 70 Westchester Avenue for a site plan and special permit extension for a project known as Adora Row, 70 Westchester Avenue, White Plains, N.Y. F/S AND REFERRED TO LAW, BUILDING, DESIGN REVIEW BOARD, PLANNING, PLANNING BOARD, PUBLIC SAFETY, PUBLIC WORKS, TRAFFIC, TRANSPORTATION, PARKING AND ENVIRONMENTAL OFFICER ITEMS OF INFORMATION: 88. Communication from the Commissioner of Finance transmitting the audited Annual Comprehensive Financial Report for the fiscal year ended June 30, 2023. F/S/A 89. Communication from the Commissioner of Finance transmitting the Interim Financial Report for the three months ended September 30, 2023. F/S/A 90. Communication from the Chairman of the Historic Preservation Commission transmitting a resolution of the Commission recommending the designation of the property known as the Jack Harrington Greenway – portion between Gedney Way and Bryant Avenue, as a local landmark. F/S 91. Communication from the Chairman of the Historic Preservation Commission transmitting a resolution of the Commission recommending the designation of the property known as White Plains Masonic Lodge No. 473 Temple, as a local landmark. F/S  “THE BIRTHPLACE OF THE STATE OF NEW YORK” OFFICE OF THE MAYOR THOMAS M. ROACH t: 914.422.1411 MAYOR f: 914.422.1395 TO THE HONORABLE MEMBERS OF THE COMMON COUNCIL I am pleased to announce the appointment of Elizabeth Marrinan, AICP to the Planning Board to fill a term that expires on December 31, 2024. Sincerely, Thomas M. Roach Mayor Dated: December 3, 2023 1 255 MAIN STREET, WHITE PLAINS, NY 10601 www.cityofwhiteplains.com  445 Hamilton Avenue, 14th Floor CUDDY White Plains, New York 10601 + EDER T 914 7611300 F 914 761 5372 llP cuddyfeder.com December 11, 2023 Neil J. Alexander nalexander@cuddyfeder.com By Hand and Email Mayor Thomas M. Roach and Members of the Common Council City of White Plains Municipal Building 255 Main Street White Plains, New York 10601 Re: Maple and Broadway Holdings LLC Application for a Time Extension of Amended Site Plan Approval Premises: 60 South Broadway, City of White Plains, New York Zoning District: CB-3 (Central Business) and Central Parking Area (CPA) Lot Area: 3.58 acres / 156,015 +/- square feet Tax Identification: Section 125.84, Block 3, Lot 1 Dear Mayor Roach and Members of the Common Council: This letter is respectfully submitted on behalf of Quarterra f/k/a LMC/Lennar Multifamily Communities through its business affiliate Maple and Broadway Holdings LLC ("Quarterra") as the current owner of the parcel of real property located at 60 South Broadway in the City, consisting of approximately 3.58 acres / 156,015+/- square feet, classified in the CB-3 (Core­ Business 3) zoning district and the Central Parking Area, bearing a tax identification of 125.84-3- 1, and being bounded on the South by Maple Avenue, on the West by South Broadway, and on the East by Hale Avenue (the "Premises"). Since appearing before the City of White Plains Common Council ("Common Council") during the November 27, 2023 Special Meeting, Quarterra has been evaluating various ways to beautify the Premises prior to the commencement of construction of the Project on the Premises, and Quarterra would greatly benefit from the opportunity to meet with City Staff in the coming days to refine those ideas. As such, Quarterra hereby respectfully requests an adjournment from the December 11, 2023 Common Council agenda to the January 2024 agenda relative to Quarterra's pending application seeking a time extension of one year to March 4, 2024 for the Amended Site Plan Approval that the Common Council approved on March 4, 2019, and for which it previously granted time extensions to March 4, 2023. 75A 5901928.vl  -1- RESOLUTION OF THE IDSTORIC PRESERVATION COMMISSION OF THE CITY OF WIDTE . PLAINS RECOMMENDING THE DESIGNATION· OF THE PROPERTY KNOWN AS THE wmTE PLAINS MASONIC LODGE NO. 473 TEMPLE, AS A LOCAL LANDMARK. WHEREAS, pursuant to Section 9-6-2(h) of the City of White Plains Municipal Code (the "Municipal Code"), the Historic Preservation Commission of the City of White Plains (the "Commission") has the authority to recommend the designation of local landmarks or districts and is charged with maintaining an inventory of designated local landmarks or districts within the City; and WHEREAS, pursuant to the Municipal Code Section 9-6, recommendations proposing properties or structures for local landmark designation may be initiated by the Commission; and WHEREAS, at its regular meetings on September 13, 2023, .the Commission, pursuant to Municipal Code Section 9-6-3(a)(l) determined to recommend a property, the White Plains Masonic Lodge No. 473 Temple located at 262 Martine Avenue (hereafter referred to, as the "Masonic Temple" or the "Property"), for designation as a local landmark; and WHEREAS, the Commission's application proposing the designation of Masonic Temple included the following: (i) A concise description of the physical elements, qualities, period and historical significance represented by the site, including a consideration of design, scale, material, workmanship and spatial qualities, as relevant; (ii) A concise statement of how the site meets the criteria of "landmark" as provided in Municipal Code Section 9-6-3(b);