Planning Board

City of Mount Vernon Meeting Date Planning Board Meeting Minutes February 1, 2023 MEETING MINUTES PLANNING BOARD REGULAR MEETING for February 1, 2023 A regular meeting of the City Planning Board was held on Wednesday, February 1, 2 0 2 3 a t 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. Jamael Thompson. Mr. Lesly Zamor did not attend. Also attending were Katherine Mella, Associate Commissioner, Maria Pace, Secretary to the Planning Board, Will Hyland (Senior Planner), Bob Galvin, Plan Administrator (via Zoom) 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 January 4, 2023 with land use counsel’s edits. There being no further changes, the Commissioner Salmon made a motion to approve the minutes for January 4, 2023, seconded by Commissioner Thompson and carried by a vote of 6-0. 1 City of Mount Vernon Meeting Date Planning Board Meeting Minutes February 1, 2023 Continued Public Hearing 3.1 Case No. 21 – 2022: 339A - 341 North High Street (Section 165.45, Block 1094, Lot 43) located in the RMF-10 Zone. 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. The Applicant originally proposed that the existing 2-story office and industrial structure be converted into residential and office use with a third-floor addition. 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 ZBA provided the required zoning variances at their meeting held on July 19, 2022. At the November meeting, the Planning Board requested financials from the Applicant and proposed that the Applicant scale down the project and remove the office use, add green space, and reduce the number of residential units. 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. Mr. Tom Abillama explained that he was returning to the Planning Board with several changes to the application: he introduced a green roof in the pergola section, provided solar panels, added outdoor courtyard space, and a community space. The loft apartments are located on the 2nd and 3rd floors and he provided financials for 8 vs. 10 apartments. 2 City of Mount Vernon Meeting Date Planning Board Meeting Minutes February 1, 2023 The Chair asked about public safety and if there was enough room for emergency access in the area. He also requested that the drawings indicate an installed sprinkler system. Commissioner Whites then suggested that 8 apartments might be better than 10. The Chair asked if each loft would be responsible for its own utilities and then pointed out that 9 apartments would be a good compromise. The Chair then asked if there were any public comments. There were none. The Chair requested that Mr. Abillama provide revised plans that indicate the Fire Department emergency vehicle turn radius and sprinkler system, as well as revised financials for 9 apartments. The application was then adjourned to the March 1 meeting. Closed Public Hearing 3.2 Case No. 12-2021: 219 West Third Street (Section 169.21, Block 3014, Lots 22 and 23) in the Commercial Business District – Request for a one-year extension of site plan and special permit approval The Chair read into the record how the legal notice for this matter was published. The Applicant, Gyory Partners, was represented by Mr. Tom Abillama, architect. The Applicant provided a letter dated November 23, 2022 requesting a one-year extension of site plan and special permit approval. The Planning Board approved the site plan and special permit by a motion at its November 3, 2021 meeting. The site plan and special permit approval is for the construction of a five-story self-storage building on a 21,074 sf property. The project proposed to include 5,000 sf of retail space on the ground floor and 53,760 sf of self-storage warehouse space on the 2nd through 5th floors. The proposal also included 16 at-grade parking spaces as well as an additional one-way travel lane that will provide access to a potential drive-thru window for the retail space. There have been no changes made to the previously approved site plan nor have any changes been made in the surrounding area which would affect the project. The applicant is seeking the one-year extension to obtain a building permit and financing for the project. 3 City of Mount Vernon Meeting Date Planning Board Meeting Minutes February 1, 2023 SEQRA Determination – The Planning Board has considered this application for an extension of time as a Type II action pursuant to the State Environmental Quality Review Act (SEQRA), 6 NYCRR 617.5(26)(“routine or continuing agency administration and management”), thereby ending the SEQRA process. As requested at the January 4, 2023 meeting, a resolution for this application was prepared and sent to all Planning Board members for review prior to the February meeting. The Chair made a motion to accept the resolution as written, seconded by Commissioner Whites and carried by a vote of 6-0. New Public Hearing 3.3 Case No. PB-22-1: 24 Locust Lane (Section 159.81, Block 2032, Lot 2) in the R1-7 Zoning District The Chair read into the record how the legal notice for this matter was published. For the record, the Chair also stated that the Planning Board is aware that there is pending litigation regarding this property on an unrelated land use matter and the Planning Board will review this application independently and on its own merits. The Applicant is the Bronxville Field Club being represented by Edward D’Amore, Jr., AIA. The Applicant is requesting a site plan approval from the Board. The subject property is the 7.97 acre Bronxville Field Club located at 24 Locust Lane in the R1-7 district in the northern section of Mount Vernon bordering the Village of Bronxville. The Club is a legal, nonconforming private recreational club, has been in existence since 1926, and has continuously operated a membership club on the property. The property is bounded by Locust Lane on the east, Carwall Avenue and Columbus Avenue (Route 22) on the south, Wyndmere Road and Denman Place on the west and Central Parkway on the north. The project proposes to relocate one raised paddle court, add a fourth additional raised paddle court, demolish an existing warming hut and construct a new building in its place for the Club’s facilities. The Club needs the additional paddle court to accommodate the present membership’s oversubscription for the time slots available for the present three courts. The Club has a membership of 357 families, as fixed by the bylaws, which is not being expanded. 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.” The new accessory building will be 1,334 sf with a 234 sf covered porch adjacent to the building. 4 City of Mount Vernon Meeting Date Planning Board Meeting Minutes February 1, 2023 Mr. Ted D’Amore explained that the elevation for the property is 97 ft. but the building itself is “in a hole” as it sits 21 ft. lower and can’t be seen from the street. He explained that they are taking down twenty-six trees but planting more than 40. There is no gravel path; instead, there are grass pavers which are gravel pavers with grass inside them. They will also be adding plantings and shrubs. The new warming hut with porch will overlook the new squash court and is designed with high windows that are an awning-type. The current courts will remain the same, as will the site lighting. Mr. D’Amore then reviewed the site plans with the residents who were present. The Chair then read an objection letter from resident Dwight Bainbridge into the record, in which he wrote that he never received the noticing letter sent to residents and that the Club is a non-conforming use within the City’s Zone plan. As such, “no non-conforming use shall be enlarged or intensified, nor shall it be extended to occupy a greater area of land.” The Chair asked if there were any other public comments. A number of residents then came forward with the following issues/concerns: • Parking is not adequate, especially during events; overflow on the street • Noise issues • Light pollution • Safety issues: increase in traffic, double-parking • Two-way traffic on a one-way street • Lack of consideration for neighbors • Most members are not Mount Vernon residents and are oblivious to the issues • The Club has not been a good neighbor: there is a discrepancy regarding the economics of Mount Vernon residents vs. the elite Club members • The quality of life in the area has changed; the Club has become a commercial enterprise • The Club has given very little back to the community • Trees are being removed but not replaced with those of the same size • Pickleball is a very noisy sport and some of the language used by members is foul The Chair asked Bronxville Field Club’s legal counsel to comment. Ms. Kathy Zalantis stated that the issue of a non-conforming use has been addressed via litigation. Ms. Zalantis cited a 2002 case in which the Supreme Court essentially held that the Club is entitled to use its entire property for recreational purposes and modernizations of its facilities do not constitute expansion of a nonconforming use. Commissioner Trolio said that many of the issues the neighbors have are quality of life issues. Commissioner Whites asked the public whether there are any Mount Vernon residents present who are here to speak in favor of the application. There was no response from the public. 5 City of Mount Vernon Meeting Date Planning Board Meeting Minutes February 1, 2023 Mr. D’Amore said that he would check on the light spillage, which can be adjusted. Trees will be added for screening purposes but may not be as large as those currently there. The Chair stated that the Board can add a condition so that the size of the replacement trees is comparable to what is already there. Land Use Counsel suggested that Mr. D’Amore provide a narrative that would address each element for site plan approval as set forth in the City Zoning Code. It was also requested that Mr. D’Amore come back to the March 1 meeting prepared to address the concerns expressed by the neighbors as well as considering reducing the size of the warming hut and providing a stormwater management plan. The application was then adjourned to the March 1 meeting. There being no other business, the Chair made a motion to adjourn the meeting, seconded by Commissioner Whites and carried by a vote of 6-0. The meeting was adjourned at 9:15 pm Maria Pace, Secretary to the Planning Board Bob Galvin, AICP, Planning Administrator 6