Planning Board
Regular MeetingMount Vernon, NY · August 3, 2022
Minutes
City of Mount Vernon Meeting Date
Planning Board Agenda August 3, 2022
MEETING MINUTES
PLANNING BOARD
REGULAR MEETING
for August 3, 2022
A regular meeting of the City Planning Board was held on Wednesday, Au gu st 3, 2022,
at 6:30 PM in the Memorial Room on the Second Floor of City Hall. Applicants and
members of the public were permitted to attend and make public comment via in person
attendance.
The Chair read the meeting notice into the record then indicated that the roll call was the
first item on the agenda. The Chair asked the staff to start the live streaming of the meeting
on Facebook.
ROLL CALL
The Chair called the roll: In addition to Chairman Darryl Selsey, attending were the following
Commissioners: Mr. Frank Trolio, Ms. Helene Thompson-Njenga, Mr. Jamael Thompson,
Mr. Charles Whites, and Mr. Lesly Zamor. (Mr. Whites and Mr. Zamor attended via zoom).
Also attending were Maria Pace, Secretary to the Planning Board, U. Nkechi Nwachukwu,
land use counsel, Katherine Mella, Associate Commissioner and Bob Galvin, Planning
Administrator.
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 July 13,
2022, and if there were any corrections. There being no changes, the Chair asked for a motion
to approve the minutes for July 13, 2022. The motion was made by Commissioner Trolio,
seconded by Commissioner Thompson and carried by a vote of 6 – 0.
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Adjournment
3.1 Case No. 5-2021 1 Wartburg Site Plan Application for Assisted Living Building at the
Wartburg Campus (Section 165.42, Block 2160, Lot 1; Section 165.50, Block 2194, Lot 4;
Section 165.51, Block 2194, Lot 5) - Request for a one-year extension of Site Plan Approval
The Chair indicated that the Applicant has submitted a letter withdrawing the application for
a one-year extension for the Wartburg Assisted Living Facility.
Continued Public Hearing
3.2 The Chair read the description for Case No. 7-2021 2 Wartburg – Independent Living
Building at the Wartburg Campus (Section 165.42, Block 2160, Lot 1; Section 165.42, Block
2160, Lot 1; Section 165.50, Block 2194, Lot 4) - Request for a one-year extension of Site
Plan Approval
The Chair indicated that Mr. Null, the Applicant’s Attorney, submitted a letter at the last
meeting and has provided the Board with a revised letter for this meeting.
Mr. Null reviewed the revised letter and indicated that Applicant’s Arborist is Sav-A-Tree
which will provide continuing tree maintenance. He also stated that there would be no rock
blasting. He also indicated that the Applicant is comfortable with both conditions in the
resolution.
The Chair asked if there were any members of the public who would like to comment. There
were no comments.
The Chair asked for a motion to close the public hearing. Commissioner Thompson made the
motion to close the public hearing, seconded by Commissioner Thompson-Njenga. The motion
was carried by a 6-0 vote.
The Chair read the specific conditions from the resolution into the public record. A change was
made to Condition #6 from an annual report to a bi-annual report (by the Applicant’s Arborist).
The Chair made a motion to grant the one-year extension of site plan approval for the
Wartburg Independent Living Facility, seconded by Commissioner Thompson and carried by
a vote of 6 – 0.
New Public Hearing
3.3 The Chair read the description for Case No. 16 – 2022 145 North Fifth Avenue (Section
165.54, Block 1121, Lot 26) located in the Neighborhood Business (NB) Zoning District
The Chair introduced Applicant’s Engineer, Mr. Shahin Badaly.
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Mr. Badaly described the application which is for the conversion of the current building to a
day care center. The conversion creates a separation between the first and second floors. There
will be an elevator for occupants of the second floor. The day care center would be on the first
floor with access to drop off and pick up from the driveway. There is an easement next door
to provide egress for a maximum of 75 children from the driveway. The hours of the center
would be 7 am to 7 pm. There are no outdoor facilities. Any such facilities would be off-site.
Pickup and drop off will be scheduled by the day care center with parents and/or guardians.
The schedule will be staggered in 15-minute intervals. The day care center will need to receive
a license from New York State. The building is fully ADA accessible. There would be no
cooking or kitchen facilities in the building.
The Chair asked how many employees will be at the day care center.
Mr. Badaly indicated between seven and ten employees.
Ms. Joseph was introduced as the owner and operator of the day care center. She indicated
again that the maximum number of children would be 75.
The Chair asked what children will be accessing the services?
Ms. Joseph said that the majority will be from Mount Vernon, approximately 70 – 75%. The
balance would be from the Bronx, etc.
The Chair asked if there will there be any after school or nutritional programs?
Ms. Joseph indicated that they must provide a supplemental menu and keep snacks on-site.
Commissioner Thompson had a question about the driveway. How do you manage the cars
coming in and out?
Mr. Badaly said that not everyone will be entering and leaving at the same time.
Commissioner Trolio asked if there is any way to create a direction in the driveway so that cars
can enter the driveway and turn around to exit.
Mr. Badaly indicated that it could be done. A dedicated person could provide traffic control in
the driveway.
The Chair asked about the breakdown of the children and their schedules.
Ms. Joseph indicated that there are 30 full time coming in from 7:00 am – 9:30 am and the
peak time 8:30 am – 9:00 am. There are 25 after school children. They are trying to consolidate
current programs into this day care center location.
Commissioner Thompson-Njenga was concerned about traffic. There is a school down the hill
(Our Lady of Victory). What about inclement weather?
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Commissioner Thompson asked about the food pantry that they run?
Ms. Joseph indicated that their food pantry is in the Bronx and will remain in the Bronx. The
food pantry cannot be located in Westchester.
Commissioner Zamor indicated that he was concerned about the traffic and double-parking.
Commissioner Whites agreed with Commissioner Zamor.
The Chair opened the meeting up for public comment.
Public -- Dina Perriello: She indicated that she represented the neighbors in the area. Driveway
is not totally Mr. Kahn’s (the owner). She discussed that it was congested because of the schools.
The Board should visit the locations. She is also concerned about the garbage.
Ms. Perriello asked the operator why you would want to move to this location and how long
have they had the day care?
Ms. Joseph answered by stating that she has worked with her mother (who started the
organization) since the fifth grade. She has been operating the day care since 2014. The
program tries to funnel children to local schools and helps with scholarships and academic
readiness.
The Chair said that it sounds like a great program, but the amount of vehicular traffic will
exacerbate the traffic problem.
Commissioner Thompson asked the owner, Mr. Ray Kahn, how long has he owned the
building?
Mr. Kahn responded 12 years.
The Chair asked how long has the building been vacant?
Mr. Kahn answered 12 years. His survey shows the driveway as being on his property.
The Chair asked Mr. Kahn if he had a copy of the easement?
Mr. Badaly indicated that he would research it. In reference to the Traffic Study for the site, it
will include the flow of traffic in and out of the driveway and during busy peak hours.
Commissioner Trolio said that he should address the curb cut with a fence.
The Chair indicated that the applicant requests an adjournment to conduct the traffic study.
The traffic issue is especially important.
Mr. Kahn asked what is better: a building that can service children or an abandoned building?
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The Chair said that there is lots of congestion in the area. The Board needs to consider what is
beneficial to everyone. The Chair asked for comments from Police, Fire and DPW. The
concern is that the location may not be able to sustain the operation. Mr. Badaly will look into
what the issues are.
Public – Ms. Dina Perriello: The Armory is only temporarily closed; its programs may open
again causing more traffic.
The Chair made a motion to adjourn the public hearing until the Applicant’s Engineer can
have a traffic study conducted., seconded by Commissioner Thompson. The motion was
carried by a vote of 6-0.
Adjournment
The Chair read the description of Case No. 17 – 2022 300 Nuber Avenue (Section 169.24,
Block 4057, Lot 2) located in the R2-4.5 Zoning District.
The Chair indicated that the Applicant has requested an adjournment to provide a revised
set of drawings including additional considerations of the surrounding neighborhood for the
proposed two-family development.
Continued Public Hearing
3.5 The Chair read the description of Case No. 18 – 2022 210 West Lincoln Avenue (Section
165.61, Block 1076, Lot 14) located in the Neighborhood Business (NB) District.
The Chair asked Applicant’s Engineer to review the status of the application.
Mr. Badaly stated that the DPW and Water Department have not responded for request for
comments.
The Chair asked the Planning Administrator to reach out to the agencies again.
Mr. Badaly mentioned that County Chair around the corner from the subject property was
purchased by the applicant, Westside Party Rental. County Chair is operated independently
from Westside Party. The last two businesses at the property operated illegally. It was a
warehouse, but zoning has changed.
The Chair said that it would be helpful to have the Building Department provide the zoning.
Currently the location appears to be non-compliant with zoning.
Mr. Badaly said that the two locations of Westside Party are two large local employers. The
proposed use at 210 West Lincoln includes a sales office with walk-in customers and
accessory storage for the party rentals. He will get the necessary documentation from the
Building Department.
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The Chair asked Mr. Badaly to work with counsel and the Planning Department in obtaining
this information.
Mr. Badaly indicated that the applicant will donate funds and work with the Tree Surgeon to
plants trees on the adjacent property.
Mr. Galvin, the Planning Administrator, indicated that the Planning Department has
received comments for the Water Bureau which have been provided to the Applicant.
There being no other business, the Chair made a motion to adjourn the meeting, seconded by
Commissioner Trolio and carried by a vote of 6-0.
The meeting was adjourned at 8:26 PM.
Maria Pace
Secretary to the Planning Board
Bob Galvin, AICP
Planning Administrator
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Agenda
City of Mount Vernon Meeting Date
Planning Board Agenda August 3, 2022
PLANNING BOARD
MEETING/HEARING
AGENDA
AUGUST 3, 2022
A regular meeting of the City Planning Board will be held on Wednesday, Au gu st 3,
2 0 2 2, a t 6:30 PM in the Memorial Room on the Second Floor of City Hall.
Applicants and members of the public will be permitted to attend and make public
comment via in person attendance.
ITEM #1 ROLL CALL
ITEM #2 APPROVAL OF MINUTES
• July 13, 2022
ITEM # 3 PUBLIC HEARINGS
3.1 Case No. 5-2021 1 Wartburg Site Plan Application for Assisted Living Building at the
Wartburg Campus (Section 165.42, Block 2160, Lot 1; Section 165.50, Block 2194, Lot 4;
Section 165.51, Block 2194, Lot 5) - Request for a one-year extension of Site Plan Approval
Applicant has withdrawn this application for an extension.
Continuation of Public Hearing
3.2 Case No. 7-2021 2 Wartburg – Independent Living Building at the Wartburg Campus
(Section 165.42, Block 2160, Lot 1; Section 165.42, Block 2160, Lot 1; Section 165.50, Block
2194, Lot 4) - Request for a one-year extension of Site Plan Approval
Applicant has provided a letter dated 5/23/22 requesting a one-year extension for site plan
approval for the independent living facility. The Planning Board approved this site plan by
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resolution adopted September 8, 2021. The site plan approval allowed the construction of
a new 8-story, Independent Living Facility consisting of 210 units with 135 parking spaces
provided both at-grade and in a parking structure adjacent to the Independent Living
Facility. There have been no changes made to the previously approved site plan.
Applicant has indicated that Wartburg has completed its bidding process and its review of
the conceptual design with their architects, Perkins Eastman. The remaining design
process will extend through next year, as construction drawings are prepared. Additional
time is needed to secure the building permit which is why the Applicant is seeking a one-
year extension of the previously approved site plan.
Applicant will address their existing Tree Maintenance Agreement and the status of
rock removal. Applicant has indicated that both can be added as a condition to any
proposed resolution for the extension.
New Public Hearing
3.3 Case No. 16 – 2022 145 North Fifth Avenue (Section 165.54, Block 1121, Lot 26)
located in the R2-4.5 Zoning District.
The owner of the subject property is 145 MTV, Inc. (Ray Kahn). The owner is
represented by his engineer, Mr. Shahin Badaly, PE. The subject property is
located at the southeast corner of North Fifth Avenue and North Street in the
Neighborhood Business (NB) zone. The subject property is 10,000 sf and is
occupied by a two-story commercial office building. North Street, on the north
side of the building, is a one-way road for traffic traveling west. North Fifth
Avenue is one-way south. There is an existing 3,500 sf asphalt driveway to the
south of the building with access to North Fifth Avenue. The width of the
driveway is 28’4” and the length is 100’. There are two parking spaces shown at
the end of the driveway. The existing entry to the first floor from North Fifth
Avenue will remain. There will be a new entry to the elevator lobby for the
second floor south of the existing entry.
Applicant is requesting a special permit per § 267-27 for interior alterations on the
first floor for a day care facility. There are no specific standards for Day Care
Facilities. Applicant has provided a Narrative describing the operator, nature of
operations, occupancy and drop off and pick up schedules. Narrative also describes
how the proposed use meets the general standards in §267-27. There is no work
proposed to the existing site or the second floor. There are seven proposed
classrooms.
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SEQRA 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.”
Continued Public Hearing
3.4 Case No. 17 – 2022 300 Nuber Avenue (Section 169.24, Block 4057, Lot 2)
located in the R2-4.5 Zoning District.
The owner is Nuber Project LLC of a 14,288 sf vacant property at 300 Nuber
Avenue located at the southwest corner of East 4th Street and Nuber Avenue. The
owner is represented by Mr. Shahin Badaly, PE. The application is a subdivision
for three zoning compliant lots fronting on East 4th Street in the R2-4.5 zone.
Applicant proposes to develop two-family residences on each of the three lots.
The lots are divided into Lot 1 (2A), Lot 2 (2B) and Lot 3 (2C). Lot 2A is 4,777 sf
with 50’ frontage, Lot 2B is 4,692 sf with 58’ frontage and Lot 2C is 4,826 sf with
67’ frontage. Lots are zoning compliant. There is an existing macadam driveway
approximately 50’ in width at the rear of the subject property. The driveway
leads from Nuber Avenue on the adjacent property to the north of the subject
property.
Applicant has provided an existing conditions plan including information on
utilities in the street, the adjacent residences and existing location of significant
trees.
A proposed site plan should be provided showing parking and landscaping
including a Tree Removal and Tree Protection Plan. Additionally, a Stormwater
Management Plan needs to be provided as well as a sediment erosion and control
plan. Floor plans and elevations should also be provided. Applicant will follow
up with the City Tree Surgeon regarding the siting of trees on the proposed
subdivision and proposed street trees.
SEQRA – The proposed action is an Unlisted action under SEQRA. The
Planning Board established itself as the Lead Agency for the environmental
review of this three-lot subdivision on July 13, 2022. The application has been
sent to the Fire Department, Police Department, Water Bureau, Commissioner
of DPW and the City Tree Surgeon. The Police Department responded with no
objections; the Fire Department comments indicated the need to install a fire
sprinkler system. Planning Board will need to complete the SEQRA process before
completing their subdivision review.
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Continued Public Hearing
3.5 Case No. 18 – 2022 210 West Lincoln Avenue (Section 165.61, Block 1076, Lot
14) located in the Neighborhood Business (NB) District.
The Applicant is West Side Party Rental. Applicant is being represented by Mr.
Shahin Badaly, PE. The Applicant is seeking a special permit to allow for the
following improvements in this existing brick, one-story warehouse and office.
Proposed improvements include the installation of a new overhead garage door
and enlargement of two existing adjacent garage doors. All of the doors access
West Lincoln Avenue and the interior loading dock. Applicant is also proposing
to expand the existing loading dock and remove one existing office. There are
still four offices in the right side of the building. The curbs are not being lowered
as part of the work. The subject property is 34,486 sf with the building being
29,883 sf in the NB zone. There is an approximately 4,000 sf open yard at the
rear of the building.
As a special permit, Applicant has provided a Narrative describing the operator,
nature of operations, occupancy, access to the site, and hours of operation.
Narrative also describes how the proposed use meets the general standards in §267-
27. The general standards are listed below:
A. The location and size of the special permit use, the nature and intensity of the
operations involved in or conducted in connection with it, the size of the site
in relation to it and the location of the site with respect to streets giving access
to it are such that it will be in harmony with the appropriate and orderly
development of the area in which it is located.
B. The location, nature and height of buildings, walls and fences and the nature
and extent of existing or proposed plantings on the site are such that the
special permit use will not hinder or discourage the appropriate development
and use of adjacent land and buildings.
C. Operations in connection with any special permit use will not be more
objectionable to nearby properties by reason of noise, traffic, fumes, vibration
or other such characteristics than would be the operations of permitted uses
not requiring a special permit.
SEQRA Determination – The Proposed Action is a Type II action based on
617.5(c)(9) “construction or expansion of a primary or accessory/appurtenant, non-
residential structure or facility involving less than 4,000 square feet of gross floor
area and not involving a change in zoning or a use variance and consistent with local
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land use controls,” The application has been sent to the Fire Department, Police
Department, Water Bureau, Commissioner of DPW and the City Tree Surgeon.
The Police Department and Fire Department responded with no objections.
Note: Work Sessions will be open to the public but closed to public participation subject
to the Open Meetings Law, [Section 105 of New York State Public Officers Law, Article 7].
Note: Items listed on the agenda are subject to change and amendments and/or
additions may be placed on the agenda.
Upcoming Dates
- Tuesday, September 6, 2022, at 6:30 pm Planning Board Work Session.
- Wednesday, September 7, 2022, at 6:30 pm regular meeting of the Planning
Board.
James Rausse, Planning Commissioner
Marlon Molina 2nd Deputy Planning Commissioner
cc: Shawyn Patterson-Howard, Mayor
Building Department
Corporation Counsel
City Clerk
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