Planning Board

City of Mount Vernon Meeting Date Planning Board Agenda November 3, 2021 a PLANNING BOARD MEETING MINUTES for November 3, 2021 A regular meeting of the City Planning Board was held on Wednesday, No v em b er 3, 2 02 1 , at 6:30 PM via ZOOM (https://zoom.us/) at which time the Board considered the following: ROLL CALL The Chair introduced himself and indicated that the regular meeting of the Planning Board is being held via Zoom. The meeting will be live streamed via Facebook: CMVNY. The Chair called the roll: In addition to Chairman Selsey, attending were the following Commissioners: Ms. Gleason-Boncardo, Mr. Whites, Ms. Thompson-Njenga, Mr. Thompson and Mr. Zamor. Also attending Marlon Molina, Deputy Commissioner, Shanitra Lockett, Land Use Counsel, Maria Pace, Secretary to the Planning Board and Bob Galvin, Planning Administrator. The Chair indicated that there was a quorum present and opened the meeting at 6:30 pm. The Chair indicated that the public comments for the applications before the Planning Board will be kept to no more than 3 minutes. The Planning Board will also accept written comments which will be made part of the record of the meeting. APPROVAL OF MINUTES The Chair asked if the Commissioners had an opportunity to review the minutes of October 6, 2021, and were there any corrections. There being none, the Chair asked for a motion to approve the minutes. The motion to approve the minutes for October 6, 2021, was made by Commissioner Gleason-Boncardo, seconded by Commissioner Whites and carried with a vote of 6 – 0. 1 City of Mount Vernon Meeting Date Planning Board Agenda November 3, 2021 Continuation of Public Hearing The Chair read the description on item 3.1 Case No. 11-2021 1 Mount Vernon Avenue (Section 165.69, Block 1069, Lot 7) in CB (Commercial Business) with MVW-Corridor Overlay The Chair indicted that this is a continuation of the public hearing. He indicated that the Applicant is seeking site plan/special permit approval for Proposed Gas Station Renovation with 1 new underground storage tank (UST) and two gas pump islands and Conversion of Auto Repair to Convenience Store at 1 Mount Vernon Avenue. The existing building is a repair facility which will be converted into 842 sf convenience store and 1,998 sf garage repair facility. The Chair indicated that the Planning Board on September 8, 2021, determined that the proposed action was a Type II. The Chair indicated that the Planning Board had requested a traffic and parking study be conducted focusing on pedestrian/vehicle safety considerations. He indicated that the Applicant had submitted a Traffic and Parking Impact Analysis for 1 Mount Vernon Avenue prepared by Ferrandino & Associates October 2021. The Planning Board has reviewed the study and noted that the consultant reviewed the access configuration with recommendations. He noted that the Traffic consultant was not at the meeting. Mr. Badaly, Applicant’s Engineer, presented the revised site plan incorporating recommendations from the October Planning Board meeting. The revised site plan included the additional security camera with a note maintaining the camera videos for a 30- day period, the rear fence has been changed to a decorative type as shown at last meeting. He pointed out the changes on the site plan to the Planning Board commissioners including the stormwater management system with four cultec chambers, 3000 lumen limits on the lighting, and granite specification for curbing. Mr. Badaly noted that the business hours for the convenience store will reflect the hours of operation in Chapter 210-3 (Retail and Commercial Establishments) of the Code of the City of Mount Vernon. Mr. Badaly indicated that he is not a traffic engineer but is familiar with the traffic study and can review the findings for the Planning Board. The Study recommended two left-turn restrictions including No Left Turn into the site from West Lincoln Avenue and No Left Turn exiting the site onto Mount Vernon Avenue. The consultant noted that these left turn restrictions will minimize potential congestion on the adjacent streets and improve on pedestrian safety by minimizing vehicle/pedestrian conflict points. Additional safety measures include the reduction of the width of the existing curb cuts on West Lincoln and Mount Vernon Avenues from 38’ and 59’ feet wide respectively to 30 feet.’. Moreover, the sidewalks around the site will be replaced with all new sidewalks per DPW standards. The Consultant’s report reviewed the parking on-site and concluded that it will be sufficient to accommodate customers and staff. The report also reviewed the levels of service on the adjacent roads and concluded that while there will be a slight increase in control delay times, Levels of Service 2 City of Mount Vernon Meeting Date Planning Board Agenda November 3, 2021 (LOS) will not change due to traffic from the site and will continue to be acceptable. The Report concluded that the Project will not negatively impact traffic parking safety conditions on the adjacent streets and sidewalks. All of the recommended measures have been incorporated into the Applicant’s site plans. There was a general discussion by the Planning Board Commissioners on the left turn recommendations. Commissioner Zamor recommended a Do Not Enter sign on Mount Vernon prohibiting turns into the Mount Vernon Avenue curb cut. Commissioner Gleason- Boncardo had several questions about on-site circulation and the No Left Turn signage. Commissioner Thompson-Njenga indicated that there was sufficient room with a bus stop on West Lincoln between the signalized intersection and the site’s reduced curb cut. The Planning Board members agreed that the No Left Turn from West Lincoln Avenue be eliminated and the Do Not Enter Sign prohibiting No Left Turns for entering and existing traffic on Mount Vernon Avenue. The Planning Administrator suggested that the changes and signage be noted on the site plan and reviewed by DPW. The Chair asked for public comment. Deputy Commissioner Molina inquired if there were any members of the public who wished to comment. There being none, the Chair asked for a motion to close the public hearing. Commissioner Gleason-Boncardo made the motion to close the public hearing, seconded by Commissioner Thompson-Njenga and carried by a vote of 6-0. The Chair indicated that the Planning Board had requested a draft resolution which was provided to the Commissioners for review. The Chair made a motion to approve the site plan and special permit resolution with the conditions discussed, seconded by Commissioner Zamor and carried by a vote of 6-0. Public Hearing Closed The Chair read the description on item 3.2 Case No. 3-2021 115 South Macquesten Parkway (Section 164.75, Block 1060, Lots 1, 2, 3, 6, 8, and 29) Located in the Mount Vernon West – Hub Transit Oriented zone (MVW-H). Request for Site Plan Review. The Chair indicated that the public hearing on the application was closed on September 8, 2021. On October 6, 2021, Planning Board authorized staff to prepare a draft resolution for the application. The Planning Administrator had reviewed the conditions with the Planning Board at their work session and addressed questions from the Commissioners. The Chair asked the Planning Administrator to review the highlighted conditions in the resolution. Planning Administrator discussed the estimated developer’s costs for infrastructure and utilities. The estimated cost is $1,750,000 including burying all the public utility lines, sanitary sewer improvements and stormwater management. An additional $200,000 is 3 City of Mount Vernon Meeting Date Planning Board Agenda November 3, 2021 estimated for improvements in the City’s right of way including new landscaping on the Macquesten Parkway median, decorative street lighting, streetscape, new sidewalks, curbing. He also described the drop off/pick up area along Grove Street frontage to service the non-profit and recreational activities at the building. The commercial/retail space restrictions, the claw back measures relative to specific performance measures in any Project Agreement between the applicant and the City’s IDA. The Planning Administrator also described the increase in the project’s income level range. The Applicant has committed to coordinate with the Mount Vernon Youth Bureau WDAY (Workforce Development Academy for Youth), the Mount Vernon School District and/or other local job training programs to match potential job applicants with the employment needs of the Applicant in connection with the development of the Project. The Chair asked for a motion to adopt the site plan resolution for 115 South Macquesten Parkway. Commissioner Whites made the motion and seconded by Commissioner Thompson. A roll call vote was made Chairman Selsey – yes; Commissioner Gleason- Boncardo – yes; Commissioner Thomson – yes; Commissioner Whites – yes; Commissioner Thompson-Njenga - no; Commissioner Zamor – no. Commissioner Trolio was absent. The motion passed with a vote of 4 yes, 2 – no and 1 absent. Commissioner Zamor made a detailed statement on why he voted against this application. Continuation of Public Hearing The Chair read the description on item 3.3 Case No. 12-2021 219 West Third Street (Section 169.21, Block 3014, Lot 32 and 23 in the CB (Commercial Business). The Chair indicated that the applicant is the architect, Tom Abillama, on behalf of the owner, Gyory Partners. The Chair indicated that the Applicant proposes to demolish the existing warehouse building and construct in its place a 5-story building containing 5,000 square feet of retail space on the ground floor, and 53,760 square feet of self-storage warehouse space on the 2nd through 5th floors. Sixteen at-grade parking spaces are proposed, accessed from a new curb cut onto S. 13th Avenue. An additional one-way travel lane is proposed behind the building from S. 13th Avenue to S. 14th Avenue that will provide access to a potential drive- thru window for the retail space. The Project occupies two separate lots which will need to be merged if the application is approved. Mr. Abillama presented the revised plans at the Board’s October meeting and reviewed the changes with the Planning Board. He reviewed the detailed landscape plan, lighting plan and parking lot layout showing accessibility and widths of car/van spaces, retail drive-thru, 4 City of Mount Vernon Meeting Date Planning Board Agenda November 3, 2021 signage and stormwater management system (20 cultec chambers). He reviewed the proposed retail space and the standards of the special permit for self-storage with the Planning Board. Mr. Abillama changed the proposed red band at the top of the building to sandstone and circulated the elevations to the Planning Board members by the Planning Administrator. Planning Administrator indicated that he had not received any negative feedback from the Planning Board regarding this change. The Chair indicated that the public hearing is still open. He asked if there were any additional comments from the public. Public – Ms. Stewart indicated that she was against this project. There was no need for this self-storage facility. The City should not force this use on the neighborhood. It is not compatible with the surrounding residences. Commissioner Zamor indicated that he agreed with Ms. Stewart view which is another reason to do a comprehensive plan for the City. The Chair asked if there were additional public comment. Here being no public comment, the Chair asked for a motion to close the public hearing. Commissioner Gleason-Boncardo made the motion to close the public hearing, seconded by Commissioner Thompson-Njenga and carried by a vote of 6-0. The Chair indicated that the Planning Board had requested the preparation of a draft Resolution. The draft was developed by the Planning Administrator and circulated to the Planning Board. He also provided the Planning Board with Part 2 of the EAF and a draft Negative Declaration. He asked the Planning Administrator to review the Negative Declaration for the Board. Planning Administrator reviewed the Part 2 of the EAF and the draft Neg Dec with the Commissioners. He indicated that we have received the GML referral from Westchester County Planning dated 11/3/21. The comments included checking on the size of the recycling area, installation of a bicycle rack for employees and customers, addition of green roof, and permeable paving for parking spaces for above ground stormwater management solutions. He indicated that these comments can be included as conditions in the resolution. He also noted the following condition related to commercial/retail space “ Discount retail establishment of the same character as “Dollar Tree,” “Dollar General” or “Family Dollar” are not permitted uses as potential retail uses.” 5 City of Mount Vernon Meeting Date Planning Board Agenda November 3, 2021 The Chair asked for a motion to adopt a Negative Declaration for the self-storage facility located at 219 West Third Street. Commissioner Zamor made the motion, seconded by Commissioner Gleason-Boncardo and carried by a vote of 6-0. This closed out the Planning Board’s SEQRA review. The Chair asked for a motion to approve the resolution with conditions discussed by the Planning Administrator in response to comments by Westchester County Planning, Commissioner Gleason-Boncardo made the motion, seconded by Commissioner Thompson-Njenga and carried by a vote of 6-0. New Public Hearing The Chair read the description on item 3.4 Case No. 13-2021 128 West Second Street (Section 165.77, Block 3051, Lot 25 in the RMF-6.75 zone. The Chair indicated that this is a new public hearing and opened the public hearing. He indicated that the Applicant is seeking a special permit for a domicillary care facility in a residential building at 128 West Second Street in the RMF-6.75 zone. Domiciliary care facilities are allowed by special permit in the RMF-6.75 zone per §287-28B. The only specified standard under the special permit for this use follows: “No office of a professional person shall be permitted except for the treatment of residents of the facility itself.” SERQA Determination – The proposed action is a Type II action based on 617.5(c)(18) “reuse of a residential or commercial structure, or of a structure containing mixed residential and commercial uses, where the residential or commercial use is a permitted use under the applicable zoning law or ordinance, including permitted by special-use permit.” The Chair indicated that the Applicant is represented by Mr. Shahin Badaly PE, the Applicant’s Engineer. He asked Mr. Badaly to share his screen and show the plans. Mr. Badaly indicated that the owner of the building is Jim Benjamin and introduced him to the Planning Board. Mr. Badaly reviewed the property and floor plans, indicating that a total of 15 residents would occupy the larger residence. There would be several staff present during the day and overnight. There would be staff coming in during the day for additional services. Mr. Badaly indicated that the residence is a 2 ½ story residence located on the south side of West Second Street, one house to the east of its intersection with South 10th Avenue. Two family attached houses are across the street. Grimes Elementary School is on the northwest corner of South 10th and West Second. The 11,581-sf subject property is in the RMF-6.75 zone. It has 52’ frontage and a rear yard setback of 72’. The rear yard is a grassed area which extends to South 10th Avenue. He indicated that the rear yard has space for parking as well as space for recreational space for the residents of the facility. 6 City of Mount Vernon Meeting Date Planning Board Agenda November 3, 2021 Mr. Benjamin, the owner, indicated that the Catholic Guardian Society (Part of NY Archdiocese Catholic Charities) is the sponsoring agency. The program is federally funded for unaccompanied children crossing the border. Mr. Benjamin described the operation as being very closed in and self-contained. Children are educated in the sponsor’s facilities, get language training and are accompanied by staff when outside the facility. Mr. Badaly provided a Fact Sheet on the Unaccompanied Children Program. The program is federally funded by the Office of Refugee Resettlement within the Administration for Children and Families in Department of Health and Human Services. The Fact Sheet describes the Program Services (classroom education, mental and mental health services. Case management, recreation and unification services. Fact Sheet also reviews program responsibilities for the sponsoring agency. The Chair asked if it would be possible to have the sponsor attend the next meeting to describe their facilities. The Planning Board needs to have more information on the operation Mr. Benjamin indicated that he would ask to see if management would be available to attend. Mr. Badaly indicated that he could provide a revised plan including the rear yard showing the parking spaces and the recreation area. The Chair asked for public comment. Public – Residents from the two-family residences across the street had a number of questions about the project and operations. They expressed concern about the potential problems with the facility and proposed residents. The Chair continued the public hearing to the next Planning board meeting. New Public Hearing The Chair read the description on item 3.5 Case No. 14-2021 19-21 Bertel Avenue (Section 169.41, Block 4084, Lot 49 in the Industrial zone. The Chair indicated that this is a new public hearing and opened the public hearing. Applicant has acquired the existing property at 19021 Bertel Avenue. It is an existing Motor Vehicle Repair Shop. Applicant is seeking a special permit to legitimize the existing auto repair shop and be able to obtain a certificate of Tenancy from the Building Department. The Applicant will not be making any changes to the existing auto repair shop. The motor vehicle repair shop is allowed by special permit in the Industrial zone per §267-28 (G) . 7 City of Mount Vernon Meeting Date Planning Board Agenda November 3, 2021 SEQRA Determination – The proposed action is a Type II action. The Chair indicated that Mr. Badaly is the Applicant’s Engineer. He asked Mr. Badaly to share his screen. Mr. Badaly shared his screen showing the floor plans and the photographs of the surrounding area. The Chair asked the Planning Administrator to review the Special Permit Standards - § 267-28 (G). The Planning Administrator reviewed the following special permit standards: • All repair work and servicing, except for the sale of fuel and lubricants, shall be performed within a fully enclosed building. The existing facility is included with a fully enclosed building. • No part of any building, equipment or pump shall be located within 30 feet of any residence district or within 15 feet of any lot line. The subject property is completely contained within the Industrial zone. The closest zone to the north is Commercial Business (CB) along East Sandford Blvd. • All motor vehicle filling stations, service stations, repair facilities, body repair shops, storage and sales areas shall be screened along all streets and property lines, except where adjoining another automotive use and except at points of ingress and egress. The subject building is across the street from the large parking lot for Restaurant Depot and adjacent to Creative Site Services, Pro Tiles, W Beverage Group and Motorcraft warehouse. All of which are commercial or warehousing uses. The Chair opened the public hearing. Public - Adjacent property owners complained about the proliferation of vehicles parking along the street. The Chair asked the applicant how long has he owned the property? The owner indicated about 2- 3 months and is wishing to legalize the operation by getting a special permit. The owner also stated that he has a large parking lot at the end of the street. He has a larger business that is accommodated by this larger parking lot. 8 City of Mount Vernon Meeting Date Planning Board Agenda November 3, 2021 Mr. Badaly indicated that he would provide revised plans that showed the owner’s larger parking lot. The Chair continued the public hearing to the next Planning board meeting. There being no other business, the Chair made a motion to adjourn, seconded by Commissioner Gleason-Boncardo and carried by a vote of 6-0. The meeting was adjourned at 9:45 PM. Maria Pace Secretary to the Planning Board Bob Galvin, AICP Planning Administrator 9