Planning Board

City of Mount Vernon Meeting Date Planning Board Agenda December 8, 2021 a PLANNING BOARD MEETING MINUTES for December 8, 2021 A regular meeting of the City Planning Board was held on Wednesday, De c em be r 8 , 2021 , 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. Trolio, Ms. Thompson-Njenga, and Mr. Thompson. (Commissioner Whites and Commissioner Zamor joined the meeting for the first public hearing on 1 Bradford Road.) Also attending Marlon Molina, Deputy Commissioner, Maria Pace, Secretary to the Planning Board, Bob Galvin, Planning Administrator and U. Nkeichi Nwachukwu, land use counsel. The Chair indicated that there was a quorum present and opened the meeting at 6:30 pm. APPROVAL OF MINUTES The Chair asked if the Commissioners had an opportunity to review the minutes of November 3, 2021, and were there any corrections. There being no substantive changes, the Chair asked for a motion to approve the minutes for November 3, 2021. The motion was made by Commissioner Gleason-Boncardo, seconded by Commissioner Thompson and carried by a vote of 5-0. ADMINISTRATIVE ACTION Review and Approval of Proposed 2022 Planning Board Meetings The Chair asked if there were any conflicts with the proposed 2022 schedule. There being none, the Chair asked for a motion to adopt the meeting schedule for 2022. 1 City of Mount Vernon Meeting Date Planning Board Agenda December 8, 2021 Commissioner Gleason-Boncardo made the motion to adopt the Planning Board meeting schedule for 2022, seconded by Commissioner Thompson- Njenga and carried by a vote of 5-0. The Chair mentioned that the next application will be a new public hearing. Not knowing how many members of the public which may wish to comment, the Chair indicated that the public comments 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 New Public Hearing The Chair read the description on Case No. 16 1 Bradford Road (Section 165.66, Block 2204, Lot 1&4) located in the Planned Adjacent Park (PAP) Zoning District The Chair indicated that on October 27, 2021, the City Council voted to adopt an amended Planned Adjacent Park (PAP) zoning district as well as SEQRA Findings and a Negative Declaration. As a result of the City Council’s SEQRA review, the Findings Statement addressed certain activities at the subject property including a formerly proposed daycare center, outdoor storage and commercial vehicle parking as well as specifying other site plan requirements. The Planning Board has been provided with the amended Planned Adjacent Park zoning; City Council’s SEQRA Findings and the Council’s resolution adopting the Negative Declaration and the amended zoning text. The Chair explained that the Applicant is now before the Planning Board for a site plan review. Applicant has provided a revised set of plans. Applicant has also provided a Narrative describing what changes have been made to the plans. These include the elimination of the daycare center, outdoor storage on site and the parking of commercial trucks and vehicles. There are 146 parking spaces for the site. Previously, there were 131 parking spaces provided. The Chair opened the public hearing and introduced the Applicant, Kathleen Bradshaw of the Stagg Group, and Jay Marino, the architect. He again indicated that the public comments for the applications before the Planning Board will be kept to no more than 3 minutes. Ms. Bradshaw shared her screen and indicated that Mr. Martino would review the site plan with the Planning Board members. Mr. Martino reviewed the revised plans and the changes to the plans from the recommendations of the Planning Board and the review and public hearings conducted by the City Council. He summarized the changes: 1) There is no construction truck parking 2 City of Mount Vernon Meeting Date Planning Board Agenda December 8, 2021 shown on the new site plan at all; 2) accessory building will not be used for auto repairs ; 3) no outside storage or outdoor storage pallet areas designated on the site; 4) proposed daycare facility has been eliminated; 5) there are now 146 parking spaces for the site, before there were 131 spaces. There was an additional truck traffic study conducted by Adler (Chazen Associates for the City Council). Mr. Marino represented that there were approximately 400 trucks that traveled Wilson Woods Road. Applicant indicated that he would only add three trucks daily. He indicated that the proposed office building would include the Stagg Company’s corporate offices and non-related office tenant space. The Stagg Company is not only a construction company but is also a management and development company. The use at the site is corporate offices. The Chair indicated that the Planning Board has conducted a site visit and reviewed their recommendations and the changes to the proposed site plan. He asked the Board for their comments or questions. Commissioner Gleason-Boncardo stated that the Board has spent considerable time in reviewing the recommendations and have conducted a comprehensive review of the project. She looks forward to the Stagg Company coming to the City. Commissioner Zamor stated that he agrees with Commissioner Gleason-Boncardo’s comments. The Planning Board has worked with the applicant who did not get everything that they wanted. He wanted a construction management company and not a construction yard. The visual impacts of a construction yard were reviewed by the Planning Board and the Board provided recommendations addressing the visual impacts of outdoor storage and parking of constructions vehicles and equipment. Commissioner Zamor indicated that the Stagg Company agreed to live with the revised legislation and plans. He indicated that he did not agree with the City Council’s changes. The Planning Board had provided recommendations to address the visual impacts. The property is an isolated spot, and the applicant has done a good job of redeveloping the site. Commissioner Zamor stated that the City Council had gotten it wrong and handcuffed the Applicant’s business. He would go back to the original Planning Board recommendations. He also indicated the need for a comprehensive plan which would allow the City to set expectations and welcome in developers. No other members had anything further to add. The Chair opened up public comment indicating that the comments were to be kept to no more than three minutes. Public Comment Ms. Jane Curtis (98 Pearsall Drive) – She indicated that there were going to be more neighbors wishing to make comments. (The Chair mentioned that the agenda indicated that 3 City of Mount Vernon Meeting Date Planning Board Agenda December 8, 2021 this would be a Zoom meeting and he would allow Ms. Curtis time to make additional comments at the end if needed). Ms. Curtis continued and said that she thought that the City Council prohibition of commercial traffic and outdoor storage were a good idea. She spoke about the 90 percent impervious surface allowed in the new zoning. The Planning Board should consider porous pavement in the parking area and include a coating to reduce the heat island effect. She also spoke about the tree canopy which should be replaced, and the site plan should go to the Tree Committee for their review including a tree plan complying with the provisions of the City’s Tree Ordinance. Ms. Crystal Dow (114 Glen Avenue) discussed the Applicant’s Short Form EAF. She indicated that the proposed plan does not include any bike connectivity, cut off pedestrian and bike access and construction on Saturday and week days is scheduled for 8am – 6pm. She indicated that she would provide he comments in writing to the Board. Ms. Florence Torres (153 Beechwood Avenue) – she is concerned with sewer backups, increase in traffic and asked about the number of estimated tenants. Ms. Marlene Wertheim (100 Seymour Avenue) - sewer backups, fleet of vans operating out of the site, the use of the accessory building, pedestrian safety plan and increased traffic at Lincoln Avenue. Mr. Sean Wright (157 Beechwood Avenue) – reviewed the EAF and discussed the reported water usage of 80-100 gallons per day specified in the EAF. This usage would be based on 50 people and should be higher. Impervious surface increased from 70 percent to 84 percent on the site. He stated that a new traffic study should be conducted by a traffic consultant retained by the Planning Board. The study done by the applicant missed the traffic to the north at East Lincoln Avenue. He spoke about the sewer backups in the Vernon Woods neighborhood. There have also been electrical outages in the area. The proposed development will increase energy usage. There was no further public comment. Mr. Martino responded – he indicated that they have a very good relationship with Westchester County. They are working with the County to create pedestrian safety plan for the neighborhood to access Wilson Woods Park. Applicant is also working with the County planting trees in the County property along Wilson Woods Park Road. The Applicant has also contributed $35,000 into the City’s Tree Fund. Applicant has added foundation plantings on the site at the recommendation of the Planning Board. Applicant with approval by the County has reduced the hillside on Wilson Woods Park Road and replaced the shrubs with low growing plants. This improves the line of sight on Wilson Woods Park Road north toward East Lincoln Avenue and to the south under the trestle. Sewer plan was developed and presented to the City Council with their Engineer’s evaluation Report. The accessory building will not have any auto repair in the building as noted on the site plan. In 4 City of Mount Vernon Meeting Date Planning Board Agenda December 8, 2021 terms of tenants, we know the square footage of the space which is used for calculations of required parking and water/sewer usage. The Chair asked the Commissioners if they had anything to add. Commissioner Gleason -Boncardo asked the Planning Administrator if the Planning Board had any review of the site’s tenants. Mr. Galvin, the Planning Administrator indicated that the Planning Board has no review of the specific tenants. We know the square footage of the office spaces which would dictate the required parking. Commissioner Zamor indicated that the Planning Board worked on the impervious surface and tree protection and agreed with the proposed tree plantings. He stated that one of the speakers had indicated that the impervious surface was over the 90 percent allowed in the Code. He asked the Planning Administrator about the site’s impervious surface. Mr. Galvin, the Planning Administrator, stated that based on the submitted site plans , the impervious surface was 84 percent whereas 90 percent is allowed by code. Commissioner Zamor stated that regarding the trees the site plan provided good tree planting plan with appropriate plantings. He was not sure if the Tree Ordinance were in effect during the review of the zoning and site plan, but he would not have the applicant be referred back to the Tree Committee at this point. The Chair thanked Commissioners Trolio and Zamor for their work on the landscaping and review during their tour of the property ensuring the lighting, fencing, ivy groundcover and type of plantings were appropriate. A great deal of time and energy went into the review and the site visit. The Chair asked if there were any other comments by the Board members. There being none, he asked for a motion to close the public hearing and keep written comments open for an additional 10 days extending to December 18, 2021. Comments received during this time will be provided to the Planning Board Commissioners for review and will be included in the application’s record. Commissioner Thompson asked the Planning Administrator if the ten days are business or calendar days. Mr. Galvin responded that they are typically calendar days. 5 City of Mount Vernon Meeting Date Planning Board Agenda December 8, 2021 Commissioner Trolio made the motion to close the public hearing and keep it open for ten calendar days extending to December 18, 2021 for the purpose of receiving written comment, seconded by Commissioner Zamor and carried by a vote of 7-0. The Chair asked for a motion to accept the City Council amended PAP zoning. Commissioner Gleason-Boncardo made the motion, seconded by Commissioner Thompson And carried by a vote of 7-0. The Chair then asked to have staff prepare a draft resolution for the Planning Board’s January meeting. Commissioner Zamor made the motion, seconded by Commissioner Gleason-Boncardo and carried by a vote of 7-0. Continued Public Hearing The Chair read the description on Case No. 14-2021 19-21 Bertel Avenue (Section 169.41, Block 4084, Lot 49 in the Industrial zone. The Chair indicated this was a continuation of a public hearing. He indicated that the Applicant has acquired the existing property at 19- 21 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) . The Planning Board determined the proposed action to be a Type II action at its October meeting. The application meets all of the special permit standards for the Motor Vehicle Repair Facility. The Chair introduced Mr. Shahin Badaly, the Applicant’s Engineer, and asked him to share his screen. Mr. Badaly shared his screen for the Board members and reviewed the last meeting regarding the storage of vehicles in the right of way. He submitted a second sheet showing the Applicant’s accessory parking lot at Bertel/South Columbus approximately 260’ away from the subject parcel at 21 Bertel Avenue. Vehicles being worked on are in the repair facility at 21 Bertel or the accessory parking lot. They are not parked on the street. He showed an aerial view as well as photograph of the fence around the accessory parking lot. Commissioner Trolio asked how many cars can be parked in the accessory lot. Mr. Badaly indicated that the total capacity is 20 vehicles and not more than 10 are parked there at one time. 6 City of Mount Vernon Meeting Date Planning Board Agenda December 8, 2021 The Chair asked who the applicant had the repair contract with. The owner’s representative, Mr. Audley Seymour (accountant) indicated that contract is with Amazon and FedEx. He indicated that there are no more than 10 – 12 vehicles in the accessory parking lot. The facility at 21 Betel has capacity for 7 – 10 vehicles. The Chair asked if they would have any issue with the City issuing tickets for parking on the street. Mr. Seymour indicated that Applicant would have no objection and would encourage the City to do so. Commissioner Gleason-Boncardo asked what initiated the request and does the building have a C of O. Mr. Badaly indicated that the building did have a C of O. He showed it on his screen and read the description which indicated use was storage. It also indicated that the building was built in 1934. He indicated that the applicant had owned the building for the past year but was not able to submit any paperwork to the building department due to Covid. When he did ask for the certificate of tenancy, the Building Department stated that he needed a special permit for the Planning Board. Commissioner Thompson asked how the previous auto repair facilities operated. Mr. Badaly indicated that there was no record of any previous special permits which is not uncommon. The Applicant is trying to legalize the use and get all of his approvals. The Chair asked if there was any public comment. There being no public comment, the Chair asked for motion to close the public hearing. Commissioner Gleason-Boncardo made the motion, seconded by Commissioner Thompson and carried by a vote of 6-0. The Chair asked for a motion to have staff prepare a draft resolution for the Planning Board’s January meeting. Commissioner Gleason-Boncado suggested that the following be a condition of the draft resolution “ Trucks are not to be parked in the City right of way.” The Chair agreed. The Chair made the motion with the condition in the City’s right of way indicated above, seconded by Commissioner Gleason-Boncardo and carried by a vote of 6-0. City Council Recommendation – Legislation 7 City of Mount Vernon Meeting Date Planning Board Agenda December 8, 2021 The Chair read the following description of the City Council request for written comment from the Planning Board on the proposed legislation “Updated Code Governing Wireless/Telecommunication Industry" addressing applications for small cell installations in the City’s rights of way. The legislation provides updated definitions relating to telecommunication facilities including small cell facilities and the public right-of-way. It also updates the permitting process, the content required for applications, fees, consultant fees, compliance bonds during the life of the facility, and indemnification for the City. The updated code provides for annual recertification and removal, the location and configuration preferences for small cell installations and installation specifications. Planning Board may wish to review Section 5 Installation Specifications for details on safeguards for sidewalks, tree protection, city infrastructure damage and repair at applicant’s cost, distance from other small cell facilities and proximity to residential properties. Notes 3 and 4 at the end of the legislation should be reviewed and included in any recommendation. The Planning Board discussed the legislation and concept of the small cell installation in the City’s r-o-w, size of the installations and impacts on residential properties including health safety issues. The Board discussed the City Council’s work session on the proposed law (video provided to the Board members) and Cityscape consultant’s comments. The Chair asked staff if they could see if the consultant from Cityscape could attend the next meeting to provide back ground information. The Chair also asked if the staff could provide similar legislation that has been enacted in the County. The Planning Administrator indicated the Village of Scarsdale is still drafting their law but the City of Rye has enacted legislation and he would see what other nearby communities have the small cell legislation. Commissioner Gleason-Boncardo indicated that this meeting is her last meeting as a Planning Commissioner and appreciated working with the Chair and members of the Planning Board. The Chair thanked Commissioner Gleason-Boncardo for her dedication and work as a Planning Commissioner and looked forward to working with her as a new City Council member. There being no other business, the Chair made a motion to adjourn, seconded by Commissioner Gleason-Boncardo and carried by a vote of 4-0. The meeting was adjourned at 8:00 PM. Maria Pace 8 City of Mount Vernon Meeting Date Planning Board Agenda December 8, 2021 Secretary to the Planning Board Bob Galvin, AICP Planning Administrator 9