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Planning Board

Regular Meeting

Mount Vernon, NY · December 7, 2022

AgendaMinutes

Minutes

City of Mount Vernon Meeting Date Planning Board Meeting Minutes December 7, 2022 MEETING MINUTES PLANNING BOARD REGULAR MEETING for December 7, 2022 A regular meeting of the City Planning Board was held on Wednesday, December 7, 2022 at 6:30 PM in 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, 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 The Chair asked if the Commissioners had an opportunity to review the minutes of November 1 City of Mount Vernon Meeting Date Planning Board Meeting Minutes December 7, 2022 2, 2022 and if there were any corrections. There being no changes, the Chair asked for a motion to approve the minutes for November 2, 2022. The motion was made by Commissioner Whites, seconded by Commissioner Salmon and carried by a vote of 6-0. Withdrawal Case 16 – 2022: 145 North Fifth Avenue (Section 165.54, Block 1121, Lot 26) located in the Neighborhood Business (NB) Zoning District. Applicant withdrew their application. Adjournment Case No. 21 – 2022: 339A - 341 North High Street (Section 165.45, Block 1094, Lot 43) located in the RMF-10 Zone. Applicant requested an adjournment to the January 4, 2023 meeting to integrate the comments provided by the Planning Board during the November meeting. Closed 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 December 7, 2022 SEQRA Determination – The Planning Board determined on October 6, 2022, that the Project was an unlisted action under SEQRA, and as the only interested agency, assumed Lead Agency status at its meeting on November 2, 2022, and after review of Part 1 and Part 2 of the Environmental Assessment Form, issued a Negative Declaration for the proposed unlisted action on November 2, 2022, thereby completing the SEQRA process. Mr. Tom Abillama explained that he included all the suggestions made by the Planning Board at the November meeting in his current revisions: provide stone for the sidewalk, new fencing for the property and next-door neighbor, etc. He explained there are two full bathrooms on the 2nd floor where the two bedrooms are as well as a full bath in the basement. While Commissioner Trolio liked that there was a full bath in the basement, Commissioner Zamor expressed concern that the full bath can lead to an illegal apartment. He questioned how both needs can be satisfied. Mr. Abillama said he could change the full bath to a half bath, then said he would contact the Building Department to find out what the code is for a full bath vs. a half bath. Commissioner Whites expressed that the Board is discussing density, so it is within this Board’s purview to make a decision regarding the bathroom. Land Use Counsel indicated that the Zoning Code gives the Planning Board discretion to attach conditions to approvals to promote the health, safety and welfare of the community and to minimize any adverse impact the approval may have. Mr. Abillama went on to explain that there would be downward lighting on the side and back of the garage as well as in the backyard. The landscape plan now includes shrubs and plantings such as green hawthorn, elderberry and arrowwoods. The Chair asked if there were any further questions but there were none. Commissioner Whites then made a motion to approve the application with a resolution to include the conditions that had been discussed at the work session on December 6. The motion was seconded by Commissioner Zamor and carried by a vote of 6-0. Continued 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 TOD-Transition Zone. 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 3 City of Mount Vernon Meeting Date Planning Board Meeting Minutes December 7, 2022 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 TOD-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. Mr. Michael Stein began by discussing the gate in front of the parking lot. The property is 67’ wide but a sliding gate would be 68’, which would extend and overhang onto the sidewalk. Gate opening is 28’ and they need to work around the telephone pole, so they will use a swing gate. He also said that the Church has agreed to a wrought iron gate in the front, with a black chain link fence on the neighbors’ side, and will incorporate ivy along the front gate. Commissioner Zamor mentioned that ivy will take a long time to grow. Commissioners Zamor and Trolio had a discussion about planting skip laurel versus manhattan euonymus and the maintenance required for each plant. The Chair suggested using an aluminum-style wrought iron fence around the entire property. Commissioner Whites questioned why an aluminum wrought iron gate would be erected versus a real wrought iron gate. Commissioner Zamor explained that powder-coated aluminum is more durable than wrought iron. Michael Stein said that he would update the site plans to include the gate and a landscape plan and that the fence will be commercial grade. 4 City of Mount Vernon Meeting Date Planning Board Meeting Minutes December 7, 2022 Commissioner Whites recommended that the fence be industrial grade instead, which is the strongest. The Chair asked Mr. Stein to provide numbers for industrial vs. commercial fencing to see the difference in cost. The Chair then asked if there were any public comments; there were none. The Chair then made a motion to close the public hearing, seconded by Commissioner Whites and carried by a vote of 6-0. Commissioner Trolio then recommended that the applicant expand the space for additional plantings from 1.5 feet to 3 feet. Michael Stein responded that the lot would lose two parking spaces with this change. Commissioner Zamor offered that the benefit of the visual impact to the neighborhood could outweigh the loss of the two parking spaces. The Chair suggested to Mr. Stein to look into providing 2 feet for plantings. The Chair next made a motion for the Planning Department staff to work on a resolution for the January 4, 2023 meeting that also addresses the issues discussed at this meeting and the December meeting. The motion was seconded by Commissioner Whites and carried by a vote of 6-0. Continued 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 5 City of Mount Vernon Meeting Date Planning Board Meeting Minutes December 7, 2022 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. Mr. Tom Abillama explained that he updated the plans to include a revised landscaping plan and fencing on the side and back. Commissioner Njenga asked if the basement could be accessed from the backyard. Mr. Abillama said it could, on one side. After further discussion, the Chair asked if there were any further questions for public comments. There were none. The Chair made a motion to close the public hearing, seconded by Commissioner Whites and carried by a vote of 6-0. The Chair made a motion that the Planning Board be the lead agency under SEQRA, seconded by Commissioner Njenga and carried by a vote of 6-0. The Chair made a motion to draft a resolution based on the new plans, including the conditions discussed. The motion was seconded by Commissioner Whites and carried by a vote of 6-0. Administrative The Chair made a motion to adopt the new 2023 Planning Board Meeting Schedule, seconded by Commissioner Salmon and carried by a vote of 6-0. There being no other business, the Chair made a motion to adjourn the meeting, seconded by Commissioner Salmon and carried by a vote 6-0. The meeting was adjourned at 8:15pm Maria Pace, Secretary to the Planning Board 6 City of Mount Vernon Meeting Date Planning Board Meeting Minutes December 7, 2022 Bob Galvin, AICP, Planning Administrator 7

Agenda

City of Mount Vernon Meeting Date Planning Board Agenda December 7, 2 0 2 2 PLANNING BOARD MEETING/HEARING December 7, 2022 AGENDA A regular meeting of the City Planning Board will be held on Wednesday, December 7, 2022, at 6:30 PM in the Memorial Room located 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 • November 2, 2022 ITEM # 3 PUBLIC HEARINGS Withdrawn Case 16 – 2022: 145 North Fifth Avenue (Section 165.54, Block 1121, Lot 26) located in the Neighborhood Business (NB) District. Applicant has withdrawn their application. Adjourned Case No. 21 – 2022: 339A - 341 North High Street (Section 165.45, Block 1094, Lot 43) located in the RMF-10 Zone. Applicant requested an adjournment to integrate the comments provided by the Planning Board during the November meeting. 1 City of Mount Vernon Meeting Date Planning Board Agenda December 7, 2 0 2 2 Closed Public Hearing 3.1 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 previously received proof of mailing, proof of publication in the Journal News, and proof of initial sign posting for the application. The Board has also received an Affidavit of Sign Posting stating that on November 17, 2022 a sign was posted at the site giving notice of the Planning Board’s December 7, 2022 meeting. The Board also received photographs showing that the sign posting on the property has been updated providing notice of today’s meeting. 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. The application is a proposed subdivision for two zoning compliant lots (lots 3.1 and 3.2) in the RMF-6.75 zone. 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. The proposed new two-family residence will provide parking for two vehicles in the garage under the house. SEQRA Determination – The Planning Board determined on October 6, 2022, that the Project was an unlisted action under SEQRA, and as the only interested agency, assumed Lead Agency status at its meeting on November 2, 2022, and after review of Part 1 and Part 2 of the Environmental Assessment Form, issued a Negative Declaration for the proposed unlisted action on November 2, 2022, thereby completing the SEQRA process. 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 as well as the City Tree Surgeon and the Tree Advisory Board. The Fire Department reviewed and recommended the installation of a sprinkler system. The Water Department reviewed and indicated that the property’s water balance must be paid in full and a fire flow test must be done to determine how much water is available for the project. 2 City of Mount Vernon Meeting Date Planning Board Agenda December 7, 2 0 2 2 Continued Public Hearing 3.2 Case No. 19 – 2022: 18 South High Street (Section 164.76, Block 1064, Lots 5 & 6) located in the Mount Vernon West Transition Zone. Regarding public notice, 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 has also received an Affidavit of Sign Posting stating that on November 18, 2022 a sign was posted at the site giving notice of the Planning Board’s December 7, 2022 meeting. The Board also received photographs showing that the sign posting on the property has been updated providing notice of today’s meeting. The Applicant is the Roman Catholic Church of St. Mary and Our Lady of Mount Carmel. Michael Stein, Hudson Engineering & Consulting, has provided engineering and stormwater management services. The Church is requesting a site plan and special permit for the development of a parking lot for the Church parishioners on an existing vacant property at 18 South High Street, across the street from St. Mary’s Church. 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 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 construct 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. 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. At the November meeting, the Board provided comments regarding upgrading the fencing, revising the landscaping plan, replacing the sidewalk and curbing, and adding a security 3 City of Mount Vernon Meeting Date Planning Board Agenda December 7, 2 0 2 2 camera. 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. Continued Public Hearing 3.3 Case No. 22 – 2022: 357 Bedford Avenue (Section 169.25, Block 4052, Lots 12 & 13) in the R2-4.5 Residential District. Regarding public notice, 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 has also received an Affidavit of Sign Posting stating that on November 17, 2022 a sign was posted at the site giving notice of the Planning Board’s December 7, 2022 meeting. The Board also received photographs showing that the sign posting on the property has been updated providing notice of today’s meeting. 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. 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. In the November meeting, the Board provided comments regarding sewer and water connections, sidewalk updates, lighting, and fencing, and requested a revised landscaping plan, 4 City of Mount Vernon Meeting Date Planning Board Agenda December 7, 2 0 2 2 including the caliper of the trees proposed. 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 has been 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 responded with no objections. ITEM #4 ADMINISTRATIVE ACTION 4.1 Review and Approval of 2023 Calendar of Planning Board Meeting Dates 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, January 3, 2023, at 6:30pm Planning Board Work Session. • Wednesday, January 4, 2023, at 6:30pm 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 5 City of Mount Vernon Meeting Date Planning Board Agenda December 7, 2 0 2 2 6

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