RESOLUTION APPROVING, WITH CONDITIONS, A HEIGHT INCREASE ASSOCIATED WITH A SITE PLAN APPLICATION BY MANHATTAN AVENUE SENIOR, LLC, FOR PROPERTY LOCATED AT 48-58 MANHATTAN AVENUE (P.O. WHITE PLAINS) WHEREAS, on April 9, 2020, the Town of Greenburgh received an application for site plan (Planning Board approval), wetland/watercourse permit (Planning Board approval), and height increase (Town Board approval) from Manhattan Avenue Senior LLC, for a project consisting of the proposed demolition of six (6) onsite, single-story buildings containing a total of thirty (30) senior affordable housing units, and the construction of one (1) new, three (3) story multi-family dwelling containing seventy (70) units of low income senior housing, together with forty-four (44) off-street parking spaces, related infrastructure, and other amenities; and WHEREAS, the applicant applied for approval from the Town Board to permit an increase in the height of the proposed building, from 2½ stories (permitted), 30 feet (permitted) to 3 stories (proposed), 46 feet (proposed); and WHEREAS, in accordance with Section 285-22.1C(7), the maximum height of all buildings in the M-SH62 Multifamily Senior Housing District shall not exceed 2 1/2 stories and shall not exceed 30 feet, however, where topography and landscaping or other on-site or adjacent conditions provide adequate screening the Town Board may increase the maximum height to three or four stories, not exceeding 50 feet; and WHEREAS, the site is located at 48-58 Manhattan Avenue, P.O. White Plains, in the M-SH-62 Multifamily Senior Housing District, is approximately 113,839 sq. ft. (2.61 acres), and is designated on the tax assessment map of the Town of Greenburgh as Parcel ID: 7.410-228-9; and WHEREAS, pursuant to Section 285-53A of the Zoning Ordinance, the Planning Board shall be the approving agency where a site plan application, and all amendments to, and modifications thereof, concern property which is less than five (5) acres in area; and WHEREAS, the Application contains a Full Environmental Assessment Form together with supplemental information (the “EAF”) prepared by the Applicant, dated April 14, 2020; and WHEREAS, the project has been identified as a Type 1 Action, as SEQRA Regulation Section 617.4 “Type 1 actions” (b)(10) identifies that “any Unlisted action, that exceeds 25 percent of any threshold in this section, occurring wholly or partially within or substantially contiguous to any publicly owned or operated parkland, recreation area or designated open space, including any site on the Register of National Natural Landmarks pursuant to 36 CFR part 62 (which is incorporated by reference pursuant to section 617.17 of this Part);” and WHEREAS, the subject site is immediately adjacent to Yosemite Park, a Town of Greenburgh Park, with SEQRA Regulation Section 617.4(b)(5)(iii) stating that, construction of new residential units that meet or exceed the following thresholds: in a city, town or village having a population of 150,000 persons or less, 200 units to be connected (at the commencement of habitation) to existing community or public water and sewerage systems including sewage treatment works, constitutes a Type 1 action. WHEREAS, the proposed project is 70 units, and due to the project site abutting Yosemite Park, the Type 1 threshold is lowered to 50 units, rendering the proposed project of 70 units, a Type 1 action; and WHEREAS, on May 20, 2020 the Applicant appeared before the Planning Board at a regularly scheduled work session and presented the proposed project; and WHEREAS, on June 17, 2020 and July 1, 2020, the Planning Board held a duly noticed public hearing on the site plan application, and heard all persons interested in the subject thereof who appeared at such time and place, concerning the same; and WHEREAS, on June 9, 2020 the Applicant appeared before the Town Board at a regularly scheduled work session and presented the proposed project; and WHEREAS, on June 10, 2020 and June 24, 2020, the Town Board held a duly noticed public hearing on the height-related component of the site plan application, and heard all persons interested in the subject thereof who appeared at such time and place, concerning the same; and WHEREAS, the Town Board participated in a coordinated SEQRA review with the Planning Board as Lead Agency: ∑ Town of Greenburgh Town Board (Involved Agency) ∑ Westchester County Board of Legislators (Involved Agency)∑ Town of Greenburgh Conservation Advisory Council (Interested Agency) ∑ Greenburgh Central School District (Interested Agency) ∑ Greenburgh Housing Authority (Interested Agency) ∑ Westchester County Department of Health (Interested Agency) ∑ Westchester County Planning Department (Interested Agency) ∑ New York State Housing Finance Agency (Interested Agency) ∑ New York State Home and Community Renewal (Interested Agency) ∑ New York State Department of Environmental Conservation (Interested Agency) ∑ Housing Trust Fund Corporation (Interested Agency) ∑ United States Department of Housing and Urban Development (Interested Agency); and WHEREAS, on July 1, 2020, the Planning Board rendered a Negative Declaration as part of a Coordinated SEQRA review; and NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Greenburgh hereby approves, with conditions, an increase in building height to 3 stories (proposed), 46 feet (proposed), which will provide an added floor of long-term low-income housing for seniors, exhibiting consistency with the Comprehensive Plan and the Town’s Board’s continued support of affordable housing initiatives, and as a result of the following, which it finds will contribute to provide adequate screening and enhanced neighborhood character: ∑ preservation and enhancement of the wooded buffer that exists between the site and Interstate I-287 to the north, as depicted on the plan set, dated April 1, 2020, and last revised June 23, 2020, prepared by Patrick Neil O’Leary, P.E., and those listed in Section 1, below; and ∑ the existing Interstate I-287 sound barrier to the north of the site; and ∑ the use of facade materials and decorative trims inspired by traditional Hudson Valley townhouses with articulated facades (proposed to be brick and vinyl siding with Hardie-plank siding panels at the base) BE IT FURTHER RESOLVED, that this approval is granted subject to compliance with the following condition: ∑ Within sixty (60) calendar days of the issuance of a Building Permit and prior to the issuance of a Demolition Permit, the Greenburgh Housing Authority, its successors and/or assigns shall file a Declaration of Covenants and Restrictions for the property and building stating that all units shall be rental units, occupancy of which will be limited to low income seniors for a period of ninety-nine (99) years following the issuance of a temporary or permanent Certificate of Occupancy (the “Restricted Period”) subject to the following restrictions: (1) the residential rental units shall be occupied only by seniors aged 62 and over whose annual household income does not exceed sixty percent (60%) of the Westchester area median income (“AMI”) for their household size (based on US Census data and as updated by the US Department of Housing and Urban Development); and (2) the combined annual rental cost and tenant-paid utilities do not exceed 30% of such household income. Such Covenant shall be submitted to and approved by the Town Attorney’s office and filed with the Westchester County Clerk’s Office - Land Records Division within sixty (60) calendar days after the issuance of said Building Permit and prior to the issuance of a Demolition Permit, and filed with the appropriate Town and/or State official having jurisdiction over such documents. The income component of the Declaration of Covenants and Restrictions shall remain in effect beyond the conclusion of the initial 30-year exemption so long as a tax exemption shall be offered by the Town of Greenburgh. The above covenant may not be revoked or modified without the written consent of the Town Board of the Town of Greenburgh. This provision shall not apply to a single unit set aside for occupancy by a superintendent or manager of the building.