Planning Board
Regular MeetingMount Vernon, NY · October 6, 2022
Minutes
City of Mount Vernon Meeting Date
Planning Board Meeting Minutes October 6, 2022
MEETING MINUTES
PLANNING BOARD
REGULAR MEETING
for October 6, 2022
A regular meeting of the City Planning Board was held on Thursday, October 6, 2 0 2 2
at 6:30 PM in the City Council Chambers 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. Vivien Salmon, Ms. Helene Thompson-Njenga (via
Zoom), Mr. Jamael Thompson, and Mr. Charles Whites.
Also attending were James Rausse. Planning Commissioner, Katherine Mella, Associate
Commissioner, Maria Pace, Secretary to the Planning Board, and U. Nkechi 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 August 3,
2022, and if there were any corrections. There being no changes, the Chair asked for a motion
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Planning Board Meeting Minutes October 6, 2022
to approve the minutes for August 3, 2022. The motion was made by Commissioner Salmon,
seconded by Commissioner Whites and carried by a vote of 6 – 0.
Adjournment
3.1 Case No. 16 – 2022 145 North Fifth Avenue (Section 165.54, Block 1121, Lot 26)
located in the R2-4.5 Zoning District.
Adjourned to November meeting – waiting for requested traffic study to be
completed for submission to the Planning Board.
Adjournment
3.2 Case No. 17 – 2022 300 Nuber Avenue (Section 169.24, Block 4057, Lot 2)
located in the R2-4.5 Zoning District.
Adjourned to November meeting – waiting for new 3D renderings of the site and
buildings to be provided.
Continued Public Hearing
3.3. 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 read into the record how the legal notice for this matter was published.
The Applicant is West Side Party Rental. The Applicant is being represented by Mr. Shahin
Badaly, PE. The Applicant is seeking a special permit to allow 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. Applicant
proposes to widen the existing curb cut at the front of the building by 8’. There are still four
offices in the right side of the building. The subject property is 34,486 sf with the building being
29,883 sf in the Neighborhood Business (NB) zone. There is an approximately 4,000 sf open
yard at the rear of the building.
As a special permit, the operation has provided a narrative of how it meets the general
standards in §267-27.
Mr. Badaly stated that he provided a letter from the Building Commissioner verifying the
existing use.
The Chair asked if there were any public comments.
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A resident stated she did not understand the application.
Mr. Badaly explained the application and the proposal for the property.
A motion was made by Chair Selsey to close the public hearing, seconded by Commissioner
Whites. The motion carried 6-0.
The Chair explained that the Board and staff worked on a resolution that included a
condition that the application would need to go before the Zoning Board for a use variance
based on Land Use Counsel’s determination. However, it will not need to come before the
Planning Board again.
The Chair made a motion to table further discussion of the application until the end of the
meeting, seconded by Commissioner Whites. The motion carried 6-0.
At the end of the meeting, Land Use Counsel advised that the Planning Board can consider
this as an uncoordinated review of an unlisted action.
A motion was made by Chair Selsey that the Planning Board will be the lead agency for the
SEQRA determination, seconded by Commissioner Trolio. The motion carried 5-1.
Land Use Counsel then completed Part 2 of the short EAF with the Planning Board.
Chair Selsey made a motion that land use counsel prepare a written Negative Declaration,
seconded by Commissioner Whites. The motion carried 6-0.
Chair Selsey made a motion authorizing the resolution with the ZBA review condition,
seconded by Commissioner Thompson. The motion carried 6-0.
New Public Hearing
3.4 The Chair read the description of Case No. 20 – 2022 140 West Second Street (Section 165.77,
Block 3024, Lot 3) located in the RMF-6.75 Zone.
The Chair read into the record how the legal notice for this matter was published.
Julian & Marvalyn Walters are the owners of a 10,500 sf subject property at the southwest
corner of South 10th Avenue and West Second Street. The owner is represented by Mr. Tom
Abillama, RA. The application is a proposed subdivision for two zoning compliant lots (lots 3.1
and 3.2) in the RMF-6.75 zone. Lot 3.1 will be 5,500 sf with Lot 3.2 being 5,000 sf.
The property is occupied by an existing two-family residence at 140 West Second Street with
frontage along West Second Street and South 10th Avenue. The existing residence is a 2 ½ story
structure with a brick one-story, 2-car garage at the rear with driveway access from South 10th
Avenue.
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A second two-family residence is proposed to be developed on the newly created lot adjacent
to the lot with the existing two-family residence. The proposed new two-family residence will
provide parking for two vehicles in the garage under the house.
There is an existing school (Grimes Elementary) opposite the property facing West Second
Street with residential to the west and north of the subject property.
The proposed set of plans shows a site plan for the subdivision with zoning tables, survey, site
details, stormwater management systems with 8 cultec chambers, floor plans, elevations and a
proposed subdivision plan showing parking and landscaping including a Tree Removal and
Tree Protection Plan.
SEQRA – The proposed action is an Unlisted action under SEQRA. The Planning Board can
establish itself as the Lead Agency for the environmental review of this three-lot subdivision.
The application was sent to the Fire Department, Police Department and the Water Bureau.
It has also been sent to the Commissioner of DPW and the City Tree Surgeon.
Planning Board will need to complete the SEQRA process before completing their subdivision
review.
Mr. Abillama explained that the existing building is occupied by the owner and the new
building will be designed as a two family, side by side duplexes with a 2-car garage under the
building. There will be landscaping and lighting. There will be a full bath in the basement
with a separate outside entrance leading to the basement and to the garage.
The Chair expressed concern regarding density in the city and with two-family dwellings, the
basement could be set up as a separate apartment, contributing to the density and parking
concerns.
Mr. Abillama said he can change the plan to accommodate the Board’s concerns.
The Chair asked if there would be brick or stucco on the facade of the building.
Mr. Abillama explained that there would be brick on the front only and siding on the other
three sides.
Chair Selsey asked how many parking spaces will be available.
Mr. Abillama said four spaces will be provided.
Chair Selsey asked about the sewers because there are issues in the city about stressing the
infrastructure further.
Mr. Abillama said that there would be a sewer connection.
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The Chair asked if there were any comments from the public.
Ms. Francie Favio, resident, asked what kind of improvements the homeowner could be
expected to do?
Mr. Abillama said that the homeowner would be required to provide cultecs, landscaping
and lighting.
The Chair asked if there were any other public comments; there were none.
There were further questions and discussion among the Board members regarding sewer
improvements, lighting, security/cameras, the suitability of the public road to accommodate
traffic, as well as whether there would be adequate space to accommodate fire-fighting
equipment with the trees.
Mr. Abillama said that the sidewalks and curbing will be replaced.
The Chair asked if the basement was going to be used by the first floor, and from upstairs,
can it be accessed directly or would someone need to go through the garage. Will there be a
staircase?
Mr. Abillama stated that the tenant would need to go through the garage to access the
basement.
The Chair stated that the space could then be an apartment and should not have a full bath.
The Chair asked Mr. Abillama to reconfigure the staircase so tenants would have direct
access to the basement from upstairs.
The Chair asked that Mr. Abillama return to the Planning Board in November with revised
plans regarding the basement, staircase, garage, etc. for further review.
New Public Hearing
3.5 The Chair read the description of 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 Zone
(MVW-H) within the Mount Vernon West Transit Oriented Development Zone – Request for
a one-year extension of Site Plan Approval
The Chair read into the record how the legal notice for this matter was published.
Applicant provided a letter dated September 8, 2022 requesting a one-year extension of site
plan approval for the development. The Planning Board approved this site plan by a motion
at its November 3, 2021 meeting, and a resolution was signed by the Planning Board chair on
November 10, 2021.
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The site plan approval allowed the applicant to build a mixed-use transit oriented development
consisting of two residential towers containing a total of 315 residential units, approximately
4,833 square feet of commercial space, approximately 1,952 square feet of amenity space, and
a community facility containing approxomately 8,380 square feet. The approval also included
273 parking spaces and related infrastructure.
No changes were made to the previously approved site plan. The applicant is seeking the one
year extension to obtain a building permit for construction of the project given the
complexity of the various aspects of the project to date.
Ms. Janet Giris, the applicant’s attorney, explained that the extension request was due to the
need to finish up groundwork cleanup and pre-work before construction. Since it is a very
complex build and an all-electric building, the extension will allow time to get the building
permit and financing lined up.
The Chair asked if there were any changes to the application project or surrounding area?
Ms. Giris said there were no changes.
The Chair asked if there were any public comments.
Several residents brought up concerns including large buildings receiving tax credits on the
backs of residents, sewage issues, density and parking. There was further discussion about
these issues, as well as PILOTs, financing, and the number of school children going to the
local school, among the Planning Board members.
Land Use Counsel noted that the Planning Board could consider this extension request as a
SEQRA Type II action.
A motion was made by Chair Selsey to establish the Planning Board as the lead agency for a
SEQRA Type II action, seconded by Commissioner Thompson. The motion carried 4-2.
A motion was then made by Chair Selsey to close the public hearing and seconded by
Commissioner Trolio. The motion carried 4-2.
A motion was made by Chair Selsey to approve the one-year extension request, seconded by
Commissioner Thompson. The motion carried 4-2.
There being no other business, the Chair made a motion to adjourn the meeting, seconded by
Commissioner Salmon and carried by a vote of 6-0.
The meeting was adjourned at 8:38 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 October 6, 2022
PLANNING BOARD
MEETING/HEARING
October 6, 2022
AGENDA
A regular meeting of the City Planning Board will be held on Thursday, O ctob er 6 ,
2 0 2 2 , a t 6:30 PM in the City Council Chambers 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
• August 3, 2022
ITEM # 3 PUBLIC HEARINGS
Adjourned
3.1 Case No. 16 – 2022 145 North Fifth Avenue (Section 165.54, Block 1121, Lot 26)
located in the R2-4.5 Zoning District.
Adjourned – waiting for requested traffic study to be completed for submission to
the Planning Board.
Adjourned
3.2 Case No. 17 – 2022 300 Nuber Avenue (Section 169.24, Block 4057, Lot 2)
located in the R2-4.5 Zoning District.
Adjourned – waiting for new 3D renderings of the site and buildings to be
provided.
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Planning Board Agenda October 6, 2022
Continued Public Hearing
3.3 Case No. 18 – 2022 210 West Lincoln Avenue (Section 165.61, Block 1076, Lot 14)
located in the Neighborhood Business (NB) District.
The Board previously received proof of mailing, proof of publication in the Journal News,
and proof of initial sign posting for the application.
The Board also received photographs on September 12, 2022 indicating that the sign posting
on the property was updated to provide notice of the Planning Board’s October 6, 2022
meeting.
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 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. Applicant
proposes to widen the existing curb cut at the front of the building by 8’. There are still four
offices in the right side of the building. The subject property is 34,486 sf with the building being
29,883 sf in the Neighborhood Business (NB) zone. There is an approximately 4,000 sf open
yard at the rear of the building.
As a special permit, the operation has provided a narrative of how it 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 land use controls.”
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City of Mount Vernon Meeting Date
Planning Board Agenda October 6, 2022
New Public Hearing
3.4 Case No. 20 – 2022 140 West Second Street (Section 165.77, Block 3024, Lot 3)
located in the RMF-6.75 Zone.
Regarding public notice, the Board has received:
An Affidavit of Mailing stating that on September 22, 2022 notice was mailed to property
owners within a 250-foot radius of the site;
An Affidavit of Sign Posting stating that on September 22, 2022 a sign was posted at the site
giving notice of the Planning Board’s October 6, 2022 meeting;
Proof of publication was submitted showing that notice was published in the Journal News on
September 25, 2022, and on September 26, 2022.
Julian & Marvalyn Walters are the owners of a 10,500 sf subject property at the southwest
corner of South 10th Avenue and West Second Street. The owner is represented by Mr. Tom
Abillama, RA. The application is a proposed subdivision for two zoning compliant lots (lots 3.1
and 3.2) in the RMF-6.75 zone. Lot 3.1 will be 5,500 sf with Lot 3.2 being 5,000 sf.
The property is occupied by an existing two-family residence at 140 West Second Street with
frontage along West Second Street and South 10th Avenue. The existing residence is a 2 ½ story
structure with a brick one-story, 2-car garage at the rear with driveway access from South 10th
Avenue.
A second two-family residence is proposed to be developed on the newly created lot adjacent
to the lot with the existing two-family residence. The proposed new two-family residence will
provide parking for two vehicles in the garage under the house.
There is an existing school (Grimes Elementary) opposite the property facing West Second
Street with residential to the west and north of the subject property.
The proposed set of plans shows a site plan for the subdivision with zoning tables, survey, site
details, stormwater management systems with 8 cultec chamber, floor plans, elevations and a
proposed subdivision plan showing parking and landscaping including a Tree Removal and
Tree Protection Plan.
SEQRA – The proposed action is an Unlisted action under SEQRA. The Planning Board can
establish itself as the Lead Agency for the environmental review of this three-lot subdivision.
The application has been sent to the Fire Department, Police Department and the Water
Bureau. It has also been sent to the Commissioner of DPW and the City Tree Surgeon.
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City of Mount Vernon Meeting Date
Planning Board Agenda October 6, 2022
Planning Board will need to complete the SEQRA process before completing their subdivision
review.
New Public Hearing
3.5 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 Zone (MVW-H) within the Mount
Vernon West Transit Oriented Development Zone – Request for a one-year extension of Site
Plan Approval
Regarding public notice, the Board has received:
An Affidavit of Mailing stating that on September 23, 2022 notice was mailed to property
owners within a 500-foot radius of the site;
An Affidavit of Sign Posting stating that on September 22, 2022 a sign was posted at the site
giving notice of the Planning Board’s October 6, 2022 meeting;
Proof of publication was submitted showing that notice was published in the Journal News on
September 23, 2022, and on September 24, 2022.
Applicant has provided a letter dated September 8, 2022 requesting a one-year extension of
site plan approval for the development. The Planning Board approved this site plan by a
motion at its November 3, 2021 meeting, and a resolution was signed by the Planning Board
chair on November 10, 2021.
The site plan approval allowed the applicant to build a mixed-use transit oriented development
consisting of two residential towers containing a total of 315 residential units, approximately
4,833 square feet of commercial space, approximately 1,952 square feet of amenity space, and
a community facility containing approxomately 8,380 square feet. The approval also included
273 parking spaces and related infrastructure.
There have been no changes made to the previously approved site plan. The applicant is
seeking the one year extension to obtain a building permit for construction of the project given
the complexity of the various aspects of the project to date.
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.
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City of Mount Vernon Meeting Date
Planning Board Agenda October 6, 2022
Upcoming Dates
• Tuesday, November 1, 2022, at 6:30 pm Planning Board Work Session.
• Wednesday, November 2, 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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