Planning Board

City of Mount Vernon Meeting Date Planning Board Meeting Minutes March 1, 2023 MEETING MINUTES PLANNING BOARD REGULAR MEETING for March 1, 2023 A regular meeting of the City Planning Board was held on Wednesday, March 1, 202 3 a t 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. Vivien Salmon, Ms. Helene Thompson-Njenga, Mr. Charles Whites, Mr. Jamael Thompson, and Mr. Lesly Zamor. Also attending were Katherine Mella, Associate Commissioner, Maria Pace, Secretary to the Planning Board, Will Hyland, Senior Planner, 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 February 1, 2023 with land use counsel’s edits. There being no further changes, Commissioner Salmon made a motion to approve the minutes for February 1, 2023, seconded by Commissioner Njenga and carried by a vote of 5-0 (Commissioners Thompson and Zamor were not present for this vote). 1 City of Mount Vernon Meeting Date Planning Board Meeting Minutes March 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 Architect 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 a 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 February meeting, the Planning Board requested additional information on the project financials and that the Applicant address density concerns by reducing the number of units from 10 to 9. 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. Jack Addesso, Applicant’s attorney, addressed the Planning Board and explained that the property was originally commercial space plus apartments but at the suggestion of the Planning Board, the commercial space will be eliminated, and the number of loft apartments will be reduced. It will no longer be mixed use, only residential with green space and community space. The revised site plans include increased access for emergency vehicles. 2 City of Mount Vernon Meeting Date Planning Board Meeting Minutes March 1, 2023 The owner provided updated financial info: the average rent per unit is $2,400/month and taxes on the site will be $45,000 annually. The Chair asked if the tax was assessed value or actual taxes. Mr. Addesso said taxes were assessed at $45,000, but the actual tax will be higher. The Chair asked the owner how he came up with the concept for the building and would he hire local Mount Vernon residents as laborers. Mr. Mahmood indicated that he was in construction and after purchasing the building he came up with the concept of turning the building into condos. He mentioned that he can’t change the footprint of the building. He stated that he would hire local residents as laborers whenever possible. There was discussion regarding what “work” means in terms of using the loft apartments as live/workspace. Commissioner Zamor asked what kind of work would be done? Mr. Mahmood explained that the target renters would be traditional artists who would paint, sculpt, etc. in their space. Commissioner Zamor asked what the work parameters would be for the lofts. Land Use Counsel suggested that the owner provide a sample lease for review. Mr. Addesso suggested submitting a standard loft lease listing specific use. Mr. Zamor suggested he would be more interested in a rider or addendum attached to the lease rather than a boilerplate lease. The Chair then suggested that the owner and/or attorney provide a rider to the lease that would specify “don’ts.” The Chair then asked what the landscaping would be. 3 City of Mount Vernon Meeting Date Planning Board Meeting Minutes March 1, 2023 Mr. Abillama said there would be 800 sq. ft. of grass as well as a pergola on the roof with landscaping. Residents would have access to both the roof and covered courtyard. Commissioner Zamor noted that there were some awkward spaces and wanted to know how the landscaping in that area would be maintained. He then suggested that evergreen or deciduous trees be planted so that there was no need to water the grounds or mow. After further discussion, Commissioner Whites said that the application should be approved with conditions, so the applicant does not need to come back in April. Commissioner Zamor then asked about fire safety and whether firewalls would be installed. Mr. Addesso shared that the building already has a sprinkler system. Mr. Abillama noted that they will be meeting the code. Ms. Pace shared that the Fire Department requested drawings showing the fire and alarm systems. Commissioner Zamor mentioned that given the live/work component, the applicant should consider adding additional fire-safety features to make it safer. Commissioner Salmon asked whether the property has security cameras. Mr. Abillama noted that the cameras are in the drawings and there will be cameras covering the easements. The Chair recommended that camera footage be retained for 60 days. Commissioner Zamor asked whether the outdoor parking spots were gated or open. Mr. Abillama noted that they were currently open. Commissioner Zamor recommended that they add a gate to make the parking more secure. The Chair asked if there were any public comments. There were none. 4 City of Mount Vernon Meeting Date Planning Board Meeting Minutes March 1, 2023 The conditions suggested by the Board were the following: • Applicant shall make good faith efforts towards local hiring and participation at the job site (e.g., the use of local tradesmen for plumbing, electrical work, etc.) • Indicate location of 2-hour visitor parking spaces • Applicant to provide a rider to be attached to each lease that describes the live/work expectations of the building, defines “work”, and lists the types of activities that are prohibited. • Install security camera in front of the building with 60-day video retention • Install roller gates for the parking area located underneath the building The Chair made a motion to close the public hearing, seconded by Commissioner Whites and carried by a vote of 7-0. Because the proposed action is an Unlisted action under SEQRA, the Chair made a motion to establish the Planning Board as the lead agency for the environmental review of this site plan; this was seconded by Commissioner Whites and carried by a vote of 7-0. After reviewing the Short EAF, Part II, the Chair made a motion to issue a Negative Declaration, seconded by Commissioner Trolio and carried by a vote of 7-0. The Chair then made a motion to approve the application with conditions, seconded by Commissioner Zamor and carried by a vote of 7-0. Continued Public Hearing 3.2 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. The Applicant is the Bronxville Field Club being represented by Edward D’Amore, Jr., AIA and attorney Kathy Zalantis. 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 private recreational club, has been in existence since 1926, and has continuously operated a membership club on the property. 5 City of Mount Vernon Meeting Date Planning Board Meeting Minutes March 1, 2023 The property is bounded by Locust Lane on the east, Carwell 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, 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. Ms. Kathy Zalantis, attorney for the Bronxville Field Club, submitted letters of support from the membership. She explained that the warming hut and porch will be reduced in size but made higher. A revised landscape plan was submitted; while the current height of the trees is 18-20”, new trees will be 14-18” in height but will reach height capacity in a year’s time. She also addressed the parking situation and explained that there is no parking on Locust Lane and that valet parking is located in the main lot with an overflow lot used as needed. She submitted a letter from the parking valet service outlining their process. Mr. D’Amore then said that the club would support Locust Lane having no parking through City Council legislation. The Chair commented that the public is more concerned about the “busy season” when there are more cars and therefore more traffic. Ms. Zalantis explained that during the busy season, the Club is willing to require their employees to park on the grassy area, freeing up more spots in the parking lot. Ms. Zalantis also noted that they can require the Club to use a valet service to address parking and congestion issues during tournaments. The Chair then asked whether the Club has considered adding parking spaces. Ms. Zalantis noted that the lots aren’t full all year. Mr. D’Amore mentioned that people can park on the grassy area and that allows for an additional 70 spaces total. He also referenced the revised plan showing accustiblok panels on fencing closest to the neighbors. He went on to say that the light levels at the club are low and do not disturb the neighbors since the lights can’t be seen through the trees. He also said 6 City of Mount Vernon Meeting Date Planning Board Meeting Minutes March 1, 2023 he submitted a revised landscape plan, where more trees were added. The height of the warming hut was also raised. They also submitted a stormwater plan showing that all water will be captured onsite. Mr. D’Amore then noted that the Club’s continued viability is important to the neighborhood and that residents benefit from keeping it open. Alternatively, you could build 42 homes on that land. There was also discussion on the quality of life issues that the Club immediately responded to, including: adressing the issue of furniture storage, the blowing of the leaves. They also shared that they do more than they need to, like allowing neighbors to park on their lot when they are on vacation or have parties and adding landscaping and fencing at cost to the Club. Commissioner Whites asked if there were any Mount Vernon residents who are members of the Bronxville Field Club in attendance because he wanted to hear from them. The Chair said that there are a fixed number of families that are members of the Bronxville Field Club and asked if the number was to increase, how would that affect the application process. Commissioner Whites added that an increase to the membership would require a change to the by-laws. The Chair asked if the Club would agree to keep the membership the same as a condition of approval. Ms. Zalantis stated that she was not clear what the process would be for amending the by- laws, and that membership hasn’t changed since 1982. Commissioner Trolio stated that members can still bring guests. Regarding parking, he asked the applicant whether they’ve considered permeable pavers in order to extend the parking area. Mr. D’Amore stated that the gravel lot has grass on either side, and the grass is fine as they rarely use that area for parking. Commissioner Whites asked what the aggregate reduction in size would be to the warming hut. Mr. D’Amore responded that it is now 900 square feet and that the original size was 1320 square feet. Commissioner Zamor asked whether the applicant ever considered making indoor courts to address noise. 7 City of Mount Vernon Meeting Date Planning Board Meeting Minutes March 1, 2023 Ms. Zalantis responded that she believed residents would be opposed since that would create a large facility. Mr. D’Amore then reviewed the lighting and landscaping plan in more detail. The Chair then asked if there were any public comments. Several residents provided comment and raised the following concerns: • Ground water runoff from the Club flooded several homes twice in the last two years; this had never happened before. • There are significant traffic problems in the summer; neighbors have driveways and garages that accommodate their parking so the cars parked on Locust Lane are coming from the club. • There is a rodent problem because of the vegetable garden and construction on the Club’s property • The tennis courts are clay and when leaf blowers are used, they blow large dust clouds onto neighbors’ property • The Club already has three courts; adding another would contribute to more traffic • The Club’s charter and schedule should be made available to the public • More cars bring more guests • The Club rents out its facility to the public for weddings, parties, etc., which contributes to the noise in the area • Non-conforming use should not be used to encourage growth but to restrict it • Lighting doesn’t take into account upper levels, just being measured from the ground level • The Club is a good employer for Mount Vernon residents • Neighbor witnesses parking along Locust Lane and doesn’t believe it’s the Club’s doing The Chair asked how many types of membership the Club has and whether the Club could provide the Planning Board with the breakdown and total of each level of membership. Mr. D’Amore provided further information regarding light testing and noted that the Club added cultec chambers in 2009. The Chair noted that this needs to be reviewed if the neighbors are reporting issues with flooding. Ms. Zalantis advised that the stormwater management issue would be reviewed by their expert. There was then discussion about the Planning Board conducting a site visit. Ms. Zalantis reiterated the Supreme Court decision regarding the non-conforming use, shared that the noise on the courts and outdoor music is strictly enforced, and that all events happen inside the main clubhouse to further reduce noise. 8 City of Mount Vernon Meeting Date Planning Board Meeting Minutes March 1, 2023 The application was then adjourned to the April 4 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 (Commissioner Zamor had to leave the meeting early and was not present for this vote). The meeting was adjourned at 10:00 pm Maria Pace, Secretary to the Planning Board Bob Galvin, AICP, Planning Administrator 9