Planning Board

City of Mount Vernon Meeting Date Planning Board Meeting Minutes November 2, 2022 MEETING MINUTES PLANNING BOARD REGULAR MEETING for November 2, 2022 A regular meeting of the City Planning Board was held on Wednesday, November 2, 2 0 2 2 at 6:30 PM in the Mayor’s Conference Room on the First 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 (via Zoom), Ms. Vivien Salmon, Ms. Helene Thompson- Njenga, Mr. Jamael Thompson (via Zoom), Mr. Charles Whites, and Mr. Lesly Zamor (via Zoom). Also attending were 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 1 City of Mount Vernon Meeting Date Planning Board Meeting Minutes November 2, 2022 The Chair asked if the Commissioners had an opportunity to review the minutes of October 6, 2022, and if there were any corrections. There being no changes, the Chair asked for a motion to approve the minutes for October 6, 2022. The motion was made by Commissioner Whites, seconded by Commissioner Salmon and carried by a vote of 5-2. Adjournment Case No. 16 – 2022: 145 North Fifth Avenue (Section 165.54, Block 1121, Lot 26) located in the Neighborhood Business (NB) Zoning District. Adjourned to December 7 meeting – waiting for requested traffic study to be completed for submission to the Planning Board. Case No. 17 – 2022: 300 Nuber Avenue (Section 169.24, Block 4057, Lot 2) located in the R2-4.5 Zoning District. A letter was sent to the Applicant via email and certified mail stating that the final adjournment for this application was on October 6 and that the Applicant should be prepared to appear at the November Board meeting. The Board did not receive an Affidavit of Sign Posting or photographs confirming that this application was noticed properly, nor did it received the revised materials requested by the Board. Thus, this application has been rendered null and void pursuant to Article XI of the Planning Board Rules of Procedure. New Public Hearing 3.1 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. 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. 2 City of Mount Vernon Meeting Date Planning Board Meeting Minutes November 2, 2022 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 two-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. Tom Abillama explained that revisions were made to the basement, staircase, and garage as requested. There will be access to the basement and the laundry room from the 1st floor as well as access to the stairs and 2nd floor. The Chair asked that Mr. Abillama ensure that the sewer connection can be made. Mr. Abillama responded that the new sewer will be connected into the existing sewer. The Chair asked that the City Engineer approve the sewer connection as a condition if application is approved. Mr. Abillama also provided landscaping and lighting on the side and back of the building as part of his revisions. There will be lighting in front of the garage and building with sconces facing south. Lighting will also be added to the deck in the back. The Chair asked if a full bathroom is still included in the basement, which would encourage a possible illegal apartment. Mr. Abillama said yes and that it would be better with a full bath in the basement rather than a ½ bath. The Chair reminded Mr. Abillama that he should be cognizant of a potential illegal basement apartment as well as the density and that a ½ bath should be sufficient. Land Use Counsel recommended that conditions for approval should include a ½ bath in the basement, a lighting plan, and review of the sewer connection by the City Engineer. The Chair asked that Mr. Abillama check with the Building Department regarding the need for a sprinkler system. 3 City of Mount Vernon Meeting Date Planning Board Meeting Minutes November 2, 2022 Commissioner Zamor advised that the lighting should be under a covering and/or kept at a downward angle. Mr. Abillama advised that there would be an upgrade to the granite curbing and a new sidewalk installed. Commissioner Zamor asked about fencing. Mr. Abillama explained that standard wrought-iron fencing would be installed as the current fence is vinyl and belongs to the next-door property. The Chair reminded Mr. Abillama that the fencing needs to be indicated on the final plans and should be consistent and uniform all around the property. Commissioner Zamor recommended not using a chain link fence as that would diminish the property value but any other type would be good. A motion was made by Commissioner Salmon to close the public hearing, seconded by Commissioner Njenga and carried by a vote of 7-0. A motion was made by Chair Selsey to establish the Planning Board as lead agency for the SEQRA determination, seconded by Commissioner Whites and carried by a vote of 7-0. Land Use Counsel then walked the Planning Board through Part 2 of the short form EAF to complete the SEQRA process, which was found to have no significant adverse environmental effect. The Chair made a motion to issue a Negative Declaration, seconded by Commissioner Whites and carried by a vote of 7-0. The Chair then made a motion to draft a resolution with the following conditions: • The applicant will coordinate with the City Engineer regarding the sewers • Lighting should be facing downward, not uplit, and be no brighter than 3000 Kelvin, • The basement bathroom should be a ½ bath • Granite curbing and new sidewalks to be installed • Fencing to be installed • Install a sprinkler system (if required by code) The motion was seconded by Commissioner Whites and carried by a vote of 7-0. New Public Hearing 3.2 The Chair read the description of Case No. 19 – 2022: 18 South High Street (Section 164.76, Block 1064, Lots 5 & 6) located in the Mount Vernon West Transition Zone. 4 City of Mount Vernon Meeting Date Planning Board Meeting Minutes November 2, 2022 The Chair read into the record how the legal notice for this matter was published. The Applicant is the Roman Catholic Church of St. Mary and Our Lady of Mount Carmel located on the east side of High Street. Michael Stein, Hudson Engineering & Consulting, has provided engineering and stormwater management services. The Church is requesting a site plan and special permit approval for the developmont of a parking lot for the Church parishioners on an existing vacant property at 18 South High Street with associated stormwater management and lighting. The lot is 6,704 sf and was formerly occupied by a 2 ½ story residence. The vacant property is on the west side of High Street and is bordered by residences on either side. The proposed asphalt parking lot is across the street from St. Mary’s Church at 23 South High Street. The property is in the Mount Vernon West Transition zone which allows an off-street parking lot with a special permit from the Planning Board. The proposed parking lot includes 20 parking spaces with a 4’ high fence for security and gated access to limit access to the lot when not in use. Applicant will also contstruct a retaining wall on the south side of the parking lot. The proposed lot will also include the installation of four overhead lights to provide adequate lighting of the parking area. The lighting will only be utilized when the parking lot is in use and will otherwise remain off. There are four 15’ light poles proposed and two will be located on each side of the lot. The submitted photometric sheet shows the foot candle distribution for the site (Sheet C- 4). Stormwater runoff will be collected via a proposed drain inlet and routed to twenty (20) Cultec rechargers. The cultec system is located at the rear of the lot. The system is designed to fully accept (no release) the entire runoff volume for the 25-year storm and it will be ex-filtrated into surrounding soils. There are no specific conditions for an off-street parking lot. Applicant has provided a Narrative to address the general conditions for special permits in §267-27 of the Code and address the landscape and screening requirements in §267-40 of the Code. SEQRA Determination – 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 site plan and special permit. Planning Board will need to complete the SEQRA process before completing their review. 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. The Police and Fire Departments responded with no objections. 5 City of Mount Vernon Meeting Date Planning Board Meeting Minutes November 2, 2022 Mr. Michael Stein stated that currently there is fencing all around the lot with two 14’ gates; there are also four lights, two on either side, that are downlighted and turned on only when the lot is in use. The Chair asked what the hours of use are at night. The deacon of the church explained that the hours would be 7-9 pm and only when church services are held. Commissioner Thompson asked if there were any security cameras. Mr. Stein explained that there are security cameras around the church. Commissioner Thompson asked what kind of fencing would be erected, chain link or wrought iron? Mr. Stein said chain link fence. Commissioner Zamor recommended that the church should look at wrought iron fencing or similar as that would look better than chain link fence. Mr. Stein said he would look into an alternative but something other than chain link fencing would add to the cost of the project. Commissioner Salmon asked if the sidewalks and curbing would be replaced as they look challenging. Mr. Stein said, yes, they would be. The Chair asked if there were any public comments. Ms. Andrea Haye, a resident, asked if shrubbery would be added around the lot. Mr. Stein said no, as there is no room. Commissioner Whites suggested that there should be some compromise to add shrubbery, especially with homes on either side of the lot. Mr. Stein said he would look into some kind of greenery that would enhance the area. The Chair suggested that Mr. Stein come back to the next meeting with revisions and a landscaping plan. 6 City of Mount Vernon Meeting Date Planning Board Meeting Minutes November 2, 2022 The Chair then made a motion to adjourn the application until the December 7 meeting, seconded by Commissioner Whites and carried by a vote of 7-0. New Public Hearing 3.3 The Chair read the description of Case No. 21 – 2022: 339A - 341 North High Street (Section 165.45, Block 1094, Lot 43) located in the RMF-10 Zoning District. The Chair read into the record how the legal notice for this matter was published. The owner is Shahid Mahmood of Sialkot Properties LLC represented by Mr. Tom Abillama. The Applicant is requesting a site plan approval from the Board. The subject property is in the RMF-10 zoning district. Applicant is proposing that the existing 2-story office and industrial structure be converted into residential and office use with a third-floor addition. The second floor will be converted into 6 apartments and 4 apartments will be provided on the third floor. The third floor does not exceed the height or story maximum allowed for the zone, nor does it extend the vertical dimensions beyond the existing building. The existing storage space has been eliminated and the office spaces have been reduced from 5,035 sf to 1,793 sf with two remaining offices. The subject property has undersized frontages along North High Street and Oakley Place. There is an access easement to the parking lot for the property from West Lincoln Avenue. There is also 24’ driveway easement from North High Street leading to a small parking area. The structure is primarily constructed along interior property lines. The proposed parking is 15 spaces with 8 indoor and 7 outdoor parking spaces. The ZBA provided the required zoning variances at their meeting held on July 19, 2022. (See zoning table for approved variances.) SEQRA Determination – 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 site plan. Planning Board will need to complete the SEQRA process before completing their review. The application was sent to the Fire Department, Police Department, the Water Bureau, and the Commissioner of DPW. The Fire Department reviewed the application and requested that the Applicant provide drawings of an installed sprinkler system and alarm system. 7 City of Mount Vernon Meeting Date Planning Board Meeting Minutes November 2, 2022 Mr. Tom Abillama reviewed the narrative describing the project that was submitted to the Planning Board prior to the meeting. There will be an addition of an elevator and stairs to the 2nd and 3rd floors. Commissioner Zamor expressed concern regarding the driving easement and whether it was paved. He felt that there is a lot going on with the property, there is no green space and the project will just create more density. He also asked about the proposed office space. Commissioner Thompson suggested that the project should be scaled down with fewer apartments. The Chair said he liked the loft aspect, but suggested Mr. Abillama return with revisions including green space, a party room, etc. Commissioner Thompson asked if the lofts included a kitchen and bath and what was the size? Mr. Abillama said that the lofts were 1,280 sq. ft. and included a kitchen and bath; he also noted that the resident could arrange the space as needed. Commissioner Whites asked if the number of lofts could be cut in half. Commissioner Zamor suggested that Mr. Abillama come back with numbers that would work financially so that occupancy per loft could be limited. He also suggested working up numbers for the lofts as rentals. The Chair asked if there were any public comments. Ms. Andrea Haye, a resident, asked about the easement behind the property from Oakley to W. Lincoln Ave. Mr. Abillama spoke directly with the resident and explained the easement to her. Chair Selsey then made a motion to adjourn the application to the December 7 meeting, seconded by Commissioner Whites, and carried by a vote of 5-2. 8 City of Mount Vernon Meeting Date Planning Board Meeting Minutes November 2, 2022 New Public Hearing 3.4 The Chair read the desription of Case No. 22 – 2022 357 Bedford Avenue (Section 169.25, Block 4052, Lots 12 & 13) in the R2-4.5 Residential District The Chair read into the record how the legal notice for this matter was published. The Applicant is Sanatkumar Muhajir (Testamentary Trust). The Applicant’s representative and architect is Mr. Tom Abillama. The Application is for a proposed subdivision and consists of two properties on the east side of Bedford Avenue at East Fifth Street. The property at 357 Bedford Avenue (Lot 13) is an existing two-family residence consisting of 5,075 sf. The adjacent property (Lot 12) consists of 7,500 sf located at the northeast corner of Bedford Avenue and East Fifth Street. The properties are situated across from Graham Elementary School (which extends the entire length of the west side of Bedford Avenue). The Applicant will demolish an existing 2-car garage on Lot 12 and subdivide into two lots with attached two family residences on each lot. Lot 12.1.A and 12.2.B will provide parking in a garage under each unit. The ZBA provided the required zoning variances at their meeting held on September 20, 2022. (See zoning table for approved variances.) SEQRA Determination – 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 two-lot subdivision. Planning Board will need to complete the SEQRA process before completing their subdivision review. The application was sent to the Fire Department, Police Department, the Water Bureau, the Commissioner of DPW, the City Tree Surgeon, and the Tree Advisory Board. The Fire Department reviewed and indicated the need to install a sprinkler system. Mr. Tom Abillama described the project as a Tudor-style subdivision on two lots with two 2-family houses on each lot with access to the garage from Bedford Ave. Landscaping will include trees and bushes for privacy. There will be wall-mounted sconces by the porch for each unit. Commissioner Whites expressed concern about sewers and suggested that an independent review by the City Engineer should be a condition for approval of the application. The Chair liked the access to the basement and pergola but wanted to discuss the landscaping. 9 City of Mount Vernon Meeting Date Planning Board Meeting Minutes November 2, 2022 Mr. Abillama explained there would be trees on the corners of the property, probably birch, as well as green hawthorn and elderberry bushes and possibly shrubs that bear fruit. The Chair asked about birch trees and wanted to know the caliper (width) of the trees to be planted. He also asked about stormwater management. Mr. Abillama said there would be six per house plus a tank. The Chair then asked about lighting and security. Mr. Abillama there will be two sconces over each garage and path lights on the deck. The Chair asked if there were any public comments. Ms. Andrea Haye, a resident, asked how the applicant will deal with water drainage and will the water be retained on the property. Mr. Abillama explained that there are storage tanks that collect water underground. Ms. Haye then asked how large the tanks are and where will the excess water go when full. Mr. Abillama said the tanks are 518 cubic feet. Ms. Haye asked what the walls between each unit are made of and will they help reduce noise. Mr. Abillama said they would be double walls with insulation that are fire rated. Land Use Counsel asked if there was suitable access for fire trucks and emergency equipment to the property. Mr. Abillama said that the streets are wide enough to accommodate fire and police trucks and equipment. Land Use Counsel then asked about traffic impact on the area. Mr. Abillama said that all traffic goes one way on Bedford Ave. so there should be no impact. Commissioner Whites then made a motion to adjourn the application to the December 7 meeting, seconded by Commissioner Salmon and carried by a vote of 5-2. 10 City of Mount Vernon Meeting Date Planning Board Meeting Minutes November 2, 2022 ITEM #4 ADMINISTRATIVE ACTION (All administrative actions are Type II; ending the SEQRA process.) 4.1 Clarification of Condition to Special Permit Resolution In accordance with Article V (Special Permit Uses) Section 267-31 of the Zoning Code, “the approving agency shall attach such additional conditions and safeguards to any special permit as are, in its opinion, necessary to ensure initial and continual conformance to all applicable standards and requirements.” • 210 West Lincoln Avenue (Section 165.61, Block 1076, Lot 14) Located in the “NB” (Neighborhood Business) Zoning District. The applicant, Westside Party Rentals, represented by Shahin Badaly, Architect, sought special permit approval to allow the use of the building for sales and rentals of party-related equipment within the offices at the front of the building, storage of accessory goods in the warehouse area, loading of goods within the loading dock areas, and additional improvements in the existing one-story building with loading dock and offices. On October 6, 2022, the Planning Board approved the special permit with conditions. For clarity, the condition regarding any need for further approvals shall read as follows: “Requirement to Obtain Approvals: The Planning Board’s approval is conditioned upon Applicant receiving all approvals required by other governmental approving agencies without material deviation from the Approved Plans.” This language makes clear that the Planning Board decision does not restrict or encroach upon the decision-making authority of any other approving agency. All other governmental approving agencies retain full authority to make determinations regarding the aspects of this project that fall within their jurisdiction. Commissioner Thompson made a motion to approve the resolution, seconded by Commissioner Whites and carried by a vote of 5-2. There being no other business, the Chair made a motion to adjourn the meeting, seconded by Commissioner Salmon and carried by a vote 5-2. The meeting was adjourned at 9:24 pm. Maria Pace. Secretary to the Planning Board Bob Galvin, AICP, Planning Administrator 11