Planning Board

City of Mount Vernon Meeting Date Planning Board Meeting Minutes May 3, 2023 MEETING MINUTES PLANNING BOARD REGULAR MEETING for May 3, 2023 A regular meeting of the City Planning Board was held on Wednesday, May 3, 2023 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: Ms. Helene Thompson-Njenga, Mr. Charles Whites, and Mr. Jamael Thompson. Commissioner Vivien Salmon arrived after roll call. Also attending were Katherine Mella, Associate Commissioner, Maria Pace, Secretary to the Planning Board, Will Hyland, Senior Planner, U. Nkechi Nwachukwu, land use counsel, and Bob Galvin, Plan Administrator, via Zoom. 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 1 City of Mount Vernon Meeting Date Planning Board Meeting Minutes May 3, 2023 Thompson made a motion to approve the minutes for February 1, 2023, seconded by Commissioner Njenga and carried by a vote of 4-0 (Commissioner Salmon was not present for this vote). The Chair asked if the Commissioners had an opportunity to review the minutes of the March 1, 2023 meeting. There being no changes, Commissioner Thompson made a motion to approve the minutes for March 1, 2023, seconded by Commissioner Njenga and carried by a vote of 4- 0 (Commissioner Salmon was not present for this vote). Continued Public Hearing 3.1 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. 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, which is not being expanded. Ted D’Amore explained that he participated in the Bronxville Field Club site visit made by the Planning Board on March 28, 2023. The Board reviewed the lighting on adjacent properties and the proposed landscape screening for neighboring properties. The Board also reviewed the drainage and ponding of water in the parking area and potential parking issues along Locust Lane. Mr. D’Amore said that he took the comments and suggestions made at the visit into consideration although the site plan would remain the same. Robert de Bruin, the engineer for the Bronxville Field Club, said that a 30 ft. cultec chamber had been added. He explained that the Bronxville Field Club represents 5% of the watershed and is as much a victim of the past storms as any of the neighbors. The Chair then asked how often the gravel would be replenished. 2 City of Mount Vernon Meeting Date Planning Board Meeting Minutes May 3, 2023 Mr. de Bruin said that the Glotech layer and gravel would be replaced every 5-7 years. The Chair then asked if installing a berm around the property had been considered. Mr. D’Amore explained that they already have cultec chambers and parking would be hindered by a berm. The Chair then requested that Mr. D’Amore check to see how many parking spots would be affected. There was then discussion about a stormwater maintenance agreement that could be put into place between the Bronxville Field Club and the City of Mount Vernon to inspect the cultec system on an annual basis. Kathy Zalantis, the attorney for the Bronxville Field Club, said that membership levels have not changed in 30 years and are fixed by the by-laws; currently there are 357 family memberships with three dozen on the waiting list. A change in the by-laws would take a two- thirds vote, and this is contrary to the Club’s business model. She also stated that the Bronxville Field Club would support “no parking” on Locust Lane and has told members not to park there. Commissioner Whites stated that in reviewing the letter the count of members looks to be 832. Kathy Zalantis noted that the retired members just use the dining facilities and that the Club affords an experience and service. If members cannot get a slot or reservation, they won’t continue being members. The business model of the Club is to pass on any increase to its existing members. Any members on the waiting list cannot join unless an existing family member leaves the Club. Lori Sahagian, general manager for the Bronxville Field Club, advised that the Club has hired an off-duty police officer to manage and monitor traffic for events over 100 people. There are 45 parking spots plus an overflow lot. The Club adds cones across from people’s driveways and also monitors cars in addition to using a valet parking service. Commissioner Thompson asked outside of special events, when do members tend to park along Locust Lane? Lori Sahagian stated that the biggest challenge is people who are playing tennis on the north side of the property who may park there for convenience versus having to walk across the property when they park in the existing lot. Kathy Zalantis noted that when the Club has a larger event, they can require security in addition to valet parking, and that this can be made a condition of approval. The Chair then asked if there were any public comments. 3 City of Mount Vernon Meeting Date Planning Board Meeting Minutes May 3, 2023 Michael Templeton, a resident, said he lives 500 ft. from the Bronxville Field Club. He asked what the actual size of the warming hut will be: 38 ft or 40 ft. He also added that the new trees should be the same height as those being replaced because the neighbors should not have to wait for the trees to grow. He also commented that there should be a definitive list of membership types and how many families/individuals are in each category. He also questioned where guests were parking. Gabriel Thompson, resident shared concerns about flooding. He mentioned that Denman Place turns into a river even with 1.5 inches of water and provided photos and videos. Commissioner Whites suggested that neighbor’s homes should be looked at for flooding issues. Ms. Zalantis remarked that the Bronxville Field Club will make the existing stormwater issue better with approval of this application. The Chair then read the letter from City Engineer, Curtis Woods. The Chair said that the Bronxville Field Club should look at the maximum number of trees to be used as a barrier and advised that the applicant take another 30 days to review the water issues, flooding and possibility of a berm. Joseph Pisano, a resident and retired engineer, volunteered to speak with the Bronxville Field Club engineer. The Chair asked that the sound barrier, propane line and 16 ft trees be reviewed. Mr. D’Amore explained that the propane lines are under the courts to melt the snow. Bob Galvin, Plan Administrator for the Planning Department, suggested that he draft a preliminary resolution clarifying conditions (e.g. stormwater, etc.) for the June meeting. The Chair advised keeping the public hearing open to the June meeting, and that there should be communication with the City Engineer. He then asked for a motion to draft a preliminary resolution to include the information discussed at the meeting. Commissioner Whites made the motion, seconded by Commissioner Thompson and carried by a vote of 5-0. A motion was made to adjourn the application to the June 7 meeting and carried by a vote of 5-0. New Public Hearing 3.2 Case No. PB-22-23: 219 Tecumseh Avenue (Section 165.80, Block 4041, Lot 19) located in the R2-4.5 District. 4 City of Mount Vernon Meeting Date Planning Board Meeting Minutes May 3, 2023 Regarding public notice, the Board has received: An Affidavit of Mailing stating that on April 17, 2023 notice was mailed to property owners within a 250-foot radius of the site; An Affidavit of Sign Posting stating that on April 18, 2023 a sign was posted at the site giving notice of the Planning Board’s May 3, 2023 meeting. The Board also received photographs showing that the sign posting on the property provided notice of today’s meeting. Proof of publication was submitted showing that notice was published in the Journal News on April 18, 2023, and on April 19, 2023. The Owner and Applicant is Mucjon Demiraj. The Applicant’s representative is Shahin Badaly, PE. The subject property is an interior lot in the two-family R2-4.5 zone. It is on the east side of Tecumseh Avenue located between East Fourth Street and Beekman Avenue. The applicant is requesting a subdivision approval of an 8,000-sf lot, which is proposed to be subdivided into two 40’ x 100’ lots. Lot 19A is occupied by an existing 2,006 sf residence at 219 Tecumseh Avenue. The Applicant is proposing to construct a single-family home on each of the two lots (19A and 19B). The ZBA provided the required zoning variances at their meeting held on September 20, 2022. 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. This application was sent to the Fire Department, the Police Department, the Water Bureau, the Commissioner of DPW, and the City Engineer. The Fire Department responded with comments regarding the installation of a sprinkler system. Shahin Badaly explained that the subdivision includes two lots; there is currently a one- family house on one lot and another one-family house will be built on the second lot. The original home will have access to outdoor parking but there will be a shared driveway and parking in the back of the property. Mr. Badaly also advised that a utility pole in the front of the property would need to be relocated by Con Edison. The Chair asked Mr. Badaly if the new house would be a “group home” as there were concerns about this in the neighborhood. Mr. Badaly said no and that he would be willing to stipulate with the owner that no group home be established there. Commissioners Salmon and Njenga asked for clarification regarding shared parking. 5 City of Mount Vernon Meeting Date Planning Board Meeting Minutes May 3, 2023 Mr. Badaly noted that there is a shared driveway, but that each home would have their own parking spaces. The home on the new lot will likely have a garage for parking. The Chair then made a motion to establish the Planning Board as lead agency for the environmental review. Commissioner Whites seconded the motion which was carried by a vote of 5-0. The Chair asked if there were any public comments. There were none. The Chair requested that the Planning Administrator preliminarily prepare Part II of the EAF, the Negative Declaration and resolution for the June meeting. New Public Hearing 3.3 Case No. PB-23-1: 602 South Third Avenue (Section 169.47, Block 3105, Lot 1) in the Landscaped Industrial (LI) 7.5 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 also received an Affidavit of Sign Posting stating that on April 17, 2023 a sign was posted at the site giving notice of the Planning Board’s May 3, 2023 meeting. The Board also received photographs showing that the sign posting on the property has been updated providing notice of today’s meeting. The owner is Kovar Hill Associates, LLC represented by Mr. Tom Abillama, Architect. The subject property is in the Landscaped Industrial (LI) 7.5 Zone and is 1.20 acres. The application is for site plan review by the Planning Board for a two-story, 18,375-sf addition for manufacturing and office use at the rear of an existing two-story office and one-story warehouse at 602 South Third Avenue. The application also includes expanding the existing curb cut and driveway on East 7th Street and South 4th Avenue. A Stormwater management system is proposed for the site with 42 cultec chambers where none now exists. The Project is zoning compliant and will need ARB approval in addition to site plan review by the Planning Board the facility is occupied by Commodore Construction Corp. Their business hours are M-F 7am-4pm. The company also works two Saturdays a month from 7am-2pm. The Applicant has retained JMC Engineering to conduct a traffic study for the project. 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. 6 City of Mount Vernon Meeting Date Planning Board Meeting Minutes May 3, 2023 This application has been sent to the Fire Department, the Police Department, the Water Bureau, the Commissioner of DPW, and the City Engineer. Tom Abillama explained that the owner is a glass manufacturer who wants to add a two- story building at the rear of the property as well as a one-story warehouse. The existing proposal is for trucks entering the property to use the current lane around the building. Box trucks will be able to unload through the building to use the freight elevator. There will be 21 parking spots and two parking lots. The first floor of the garage will accommodate cars and the second level will accommodate trucks. There is a 40 ft setback and 20 ft of landscape to create a buffer zone. The Chair asked how many people are currently employed there and how many more will be hired. Mr. Abillama said he did not know but would get the information for the June meeting. The Chair requested that the security camera video be retained for 60 days and also requested information regarding stormwater, lighting, and landscaping. Kasturi Mohanty stated that they will be adding wall sconces for additional lighting on the building and will also have lighting on the lower and top levels of the parking areas. Commissioner Thompson asked about the existing structure and whether this area has had any issues with flooding. Mr. Abillama stated that there have been no issues with flooding so far. There is an existing administrative office on the first floor and warehouse space. Commissioner Thompson then asked about landscaping. Mr. Abillama responded that they were only able to carve out a few areas for landscaping. He will provide a landscaping plan. The Chair asked about fencing. Mr. Abillama stated that there was existing fencing along the south side, which is chain link. The Chair requested that they replace the chain link fence. Commissioner Salmon asked what type of company is currently in the space, and what the façade for the additions will be. Ms. Mohanty said that it is a glass and metal manufacturing company and Mr. Abillama stated that the new façade will include glass to promote the company. The Chair then asked if there were any public comments. There were none. 7 City of Mount Vernon Meeting Date Planning Board Meeting Minutes May 3, 2023 The Chair asked Mr. Abillama to come back to the June meeting with the updates as discussed as well as the traffic study. A motion to adjourn the application to the June meeting was made by Commissioner Whites, seconded by Commissioner Salmon and carried by a vote of 5-0. New Public Hearing 3.4 Case No. PB 23-2: 117 East Fourth Street (Section 169.23, Block 3152, Lot 17) in the RMF- 15 District. Regarding public notice, the Board received: An Affidavit of Mailing stating that on April 20, 2023, notice was mailed to property owners within a 500-foot radius of the site; An Affidavit of Sign Posting stating that on April 15, 2023 a sign was posted at the site giving notice of the Planning Board’s May 3, 2023 meeting; Proof of publication was submitted showing that notice was published in the Journal News on April 20, 2023 and on April 21, 2023. The Applicant is Dish Wireless, LLC which is represented by the law firm of Cuddy & Feder. Applicant is requesting a special permit to install wireless telecommunications equipment upon the roof of the existing multifamily residential building at 117 East 4th Street. The building is located near the northwestern corner of the intersection of E. 4th Street and Franklin Ave. The four-story building has a center courtyard and is located adjacent to similarly sized apartment buildings along East Fourth Street. There is also a city owned parking lot adjacent to these apartment buildings at the corner of Franklin Avenue. The facility will be accessed by foot from East 4th Street via the main entrance to the building. The installation will consist of (3) total antennas mounted to (3) sled mounts located on the rooftop near the parapet in 3 separate locations on the south elevation of the building facing East 4th Street. The installation will consist of (1) antenna per sled mount with associated equipment cabinets mounted to rooftop penthouse. The proposed installation meets the definition of collocation which is defined in 267-32.j (3) (b) “The use of an existing tower or structure to support antennas for the provision of wireless services.” The proposed location involves collocation on an existing rooftop which is one of the highest priority locations under the City Code. Moreover, as noted in the site selection analysis included in Dish’s application materials, there are no higher priority locations available for a facility needed to serve this area of the community. Applicant indicates on Sheets A-4 and A-5 that the proposed installation will be approximately the same height as the penthouse on the roof top. Applicant has provided a Visual Assessment 8 City of Mount Vernon Meeting Date Planning Board Meeting Minutes May 3, 2023 Form as part of the short EAF. The Applicant has also provided a photo simulation of the equipment including the three antennae on the south elevation of the building. CityScape provided a memo to the Board reviewing the materials in the Telecommunication Checklist. Most of the materials were noted by CityScape as having been addressed or not applicable. It highlighted comments on the screening of the rooftop equipment for the Board’s review. SEQRA Determination – The proposed action is a Type II action based on NYS DEC 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 proposed building does not have historic or landmark status. Maximillian Mahalek of Cuddy & Feder, the attorney for the applicant, explained that Dish Wireless is rolling out nationwide and that this a co-location project in a pre-existing building. The applicant studied other sites, but some landlords were not interested. The current site checked all of the boxes. He mentioned this was a marginal project with minimal visual impact. He also advised that the application is on a 90-day shot clock established by the federal government, and that it expired on May 1. The Chair asked how many antennas would be installed. Mr. Mahalek stated that there are three proposed in each sector, and that there is room for 2 more antennas on each mount. There is a process to get any approvals for expansion in the future. Mr. Galvin explained that with two more towers, in the future it can be considered an eligible facility and therefore could be approved administratively. Commissioner Salmon asked whether the applicant has an agreement with the landlord and if tenants were notified. Mr. Mahalek responded that there is an agreement with the landlord in place, that they followed the noticing requirements for this process, which includes notifying owners. Since the building has tenants, they are not included in that process but there is a sign outside of the building. Commissioner Salmon then asked why they chose this building and whether this happens in other municipalities. Mr. Mahalek confirmed that they have approvals in Yonkers, Rye, and Mount Kisco. There was then discussion about the coverage map and the search ring, which helps to narrow down 9 City of Mount Vernon Meeting Date Planning Board Meeting Minutes May 3, 2023 potential locations. Mr. Galvin then mentioned the CityScape review, which concluded that the applicant has the justification for this project, that they did the appropriate research, and it’s in accordance with the City’s ordinance. They do need to discuss the visual impact of one particular antenna, and the board should discuss screening it to reduce the visual impact. There was then discussion about whether the antennas could be moved back and the power source for them. Mr. Mahalek stated that in some communities they have used a reflective film to hide the antennas. There was discussion about whether the applicant will be doing this in other buildings in Mount Vernon and Westchester County, how the applicant determines oversaturation, and how concerns about exposure are addressed. The Chair asked if there were any public comments. There were none. Mr. Galvin suggested that he write a resolution with conditions including the special permit and inspection every three years to ensure quality of the reflective film on the towers. The Chair made a motion to approve the application with inspection every three years to check on the reflective film and for PCD staff to write the resolution. The motion was seconded by Commissioner Thompson and carried by a vote of 4-1. New Public Hearing 3.5 Case No. PB 23 – 4: 250 East Sandford Blvd. (Section 169.41, Block 4085, Lot 1) in the CB 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 received an Affidavit of Sign Posting stating that on April 17, 2023 a sign was posted at the site giving notice of the Planning Board’s May 3, 2023 meeting. The Board also received photographs showing that the sign posting on the property had been updated providing notice of today’s meeting. The applicant, 250 E. Sandford Realty, LLC, is the owner of the 2.579-acre (112,364 sf) property. The architectural firm is Perkins Eastman. The site is located on the south side of East Sandford Blvd at the corner of Nuber Avenue. The property is currently occupied by an existing, 110,360 sf warehouse at 250 East Sandford Blvd. in the Commercial Business (CB) 10 City of Mount Vernon Meeting Date Planning Board Meeting Minutes May 3, 2023 district. The existing use has on-site parking for 137 vehicles which will not be changed. The warehouse is an existing non-conforming building. The surrounding neighborhood consists of mostly commercial buildings, retail businesses and fast-food restaurants. The ARB issued a certificate of appropriateness for the renovations and alterations on 10/27/21 including life safety code compliance. Previous work included new elevator and bathroom core, new egress stair, exterior façade upgrades with EIFS finish, aluminum coping and new energy efficient windows. Landscaping with street trees has been installed in front of the building along East Sandford Blvd. The Applicant is seeking a special permit from the Planning Board for tenant fit out of wholesale businesses including storage, warehousing and distribution in fully enclosed buildings (alteration level 2 – change of use). The proposed use requires a special permit under §267-20 (e). Applicant has provided a Narrative addressing the following standards of the special permit: A) The location and size of the special permit use, the nature and intensity of the operations involved 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 appropriate and orderly development of the area in it is located. B) The location, nature and height of the building 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 such other characteristics than would be the operation of permitted uses not requiring a special permit. SEQRA Determination – The proposed action is a Type II action based on 617.5(c)(2) “replacement, rehabilitation or reconstruction of a structure or facility, in kind, on the same site, including upgrading buildings to meet building, energy, or fire codes.” Anthony Stark, the architect for the project, explained that he is seeking a special permit for light manufacturing with multiple tenants, primarily renting to small businesses. It will essentially be a “shared space.” Street access is from Nuber Ave. and Sandford Blvd and landscaping will be added in these areas. Lights will be added as well as security cameras, which will operate on a 60-day retention. There are 137 parking spots. The Chair asked for an example of what would be considered light manufacturing. Mr. Stark provided an example of a business that may use the space to assemble furniture before shipping it out. It will primarily be a space for any pre-assembly and is not for any use 11 City of Mount Vernon Meeting Date Planning Board Meeting Minutes May 3, 2023 that involves hazardous materials. Commissioner Thompson asked how many tenants could be in the building and what the lease options are. Mr. Stark said there is space for 60 units but that the space can be adjusted as they need. Regarding leasing, it is on a month-to-month basis. Commissioner Njenga asked who they are hoping to rent to. Mr. Stark mentioned that it is mostly warehousing space with some office space and they are generally targeting small businesses who are distributing locally. The Planning Board reviewed the narrative listing the three Special Permit Standards provided by the applicant along with the responses. Land Use Counsel requested a copy of the easement agreement between the building and the Stop & Shop next door; Mr. Stark agreed to provide a copy to the Planning Board. The Chair confirmed that this application is a Type II Action and made a motion for the PCD to prepare a draft resolution as a Type II Action for the June Meeting. Commissioner Whites seconded the motion, which was carried by a vote of 5-0. ITEM #4 ADMINISTRATIVE ACTION 4.1 Notice of Intent for ZBA to Assume Lead Agency Status for 114-118 E. Third Street and Request for Comments from Planning Board The Zoning Board of Appeals declared its intent to serve as Lead Agency for the application by East Third Street Equities LLC, 121 East Third Street, Mount Vernon, New York 10550 for use and area variances for a project located at 114-118 East Third Street (Section 165.79, Block 3157, Lots 5 and 6) in the Neighborhood Business (NB) district. The property is located on the south side of East Third Street, approximately 335’ west of Franklin Street. The proposed project includes the construction of a new, 28,788 sf apartment building. The proposed multi-family building would be 8 stories and approximately 75’ in height with 49 units (21 studios, 21 one-bedroom units, and 7 two-bedroom units). The parking requirement is 98 spaces with 12 spaces proposed to be on-site. As an involved agency, the Planning Board can submit a written objection to the ZBA and choose to assume lead agency status for this application. At the Zoning Board meeting on March 21, 2023, the Zoning Board also moved to solicit comments and recommendations from the Planning Board regarding this application. 12 City of Mount Vernon Meeting Date Planning Board Meeting Minutes May 3, 2023 SEQRA Determination – The proposed action is a Type II action based on 617.5(c)(26) “routine or continuing agency administration and management, not including new programs or major reordering of priorities that may affect the environment.” The Planning Board discussed comments they had regarding 114-118 E. Third St. and how it fit within Phase 1 of the comprehensive plan. The Chair mentioned that they had no objections with the ZBA being lead agency for the environmental review of this application. There being no further business, The Chair made a motion to adjourn the meeting, seconded by Commissioner Thompson and carried by a vote of 5-0. The meeting was adjourned at 10:04 PM. 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. Maria Pace, Secretary to the Planning Board Bob Galvin, AICP, Planning Administrator 13