Upper-story setbacks. The number of permitted stories in the DT,
DG and DB Zones shall be three stories. The addition of a fourth story
of any building and/or a building in excess of 40 feet in a DG and
DB Zones or 35 feet in the DT Zone (up to 45 feet in the DB and DG
zones or 40 feet in the DT Zone) may be permitted only at the discretion
of the Board of Trustees as part of the site plan review application
and only after a reasoned judgment setting forth the public benefits
of the development which would warrant the Board of Trustees granting
approval of a fourth story and an increase in height above 40 feet
or 35 feet as the case may be. In determining the appropriateness
of the fourth story and an increase in height above 40 feet in the
DB or DG Zones or 35 feet in the DT Zone, the Board of Trustees shall
take into consideration the recommendations of the Planning Board
and the AHRB in considering impacts, including but not limited to
viewsheds, solar access to the streetscape and surrounding buildings,
use and enjoyment of the Old Croton Aqueduct (OCA) and consistency
with the character of the individual building and surrounding buildings.
Based on a review of potential impacts cited above, a fourth story
and/or an increase in height above 35 feet or 40 feet, if approved,
may be required to recede from the front facade, either within a sloping
roof form or as a setback volume and the applicant must use available
techniques to minimize the visual impact of any such fourth story
or increased height. In addition, in the downtown districts, the liveable
floor area of the fourth story, if permitted, shall not comprise more
than 50% of the total floor area of the story below.