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Planning Board

Regular Meeting

Mount Vernon, NY · July 12, 2023

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Minutes

City of Mount Vernon Meeting Date Planning Board Meeting Minutes July 12, 2023 MEETING MINUTES PLANNING BOARD REGULAR MEETING for July 12, 2023 A regular meeting of the City Planning Board was held on Wednesday, July 12, 2023 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: Ms. Helene Thompson-Njenga, Mr. Charles Whites, and Mr. Jamael Thompson. Commissioner Frank Trolio attended via Zoom. 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 May 3, 2023. There being no further changes, Commissioner Whites made a motion to approve the 1 City of Mount Vernon Meeting Date Planning Board Meeting Minutes July 12, 2023 minutes for May 3, 2023, seconded by Commissioner Thompson and carried by a vote of 5-0. PUBLIC HEARINGS Adjourned 3.1 Case No. PB-22-1: 24 Locust Lane (Section 159.81, Block 2032, Lot 2) in the R1-7 Zoning District. The Applicant requested an adjournment to the September Planning Board meeting to allow the City Engineer and consultants to complete a hydraulic modeling study and make a determination regarding how best to address drainage and stormwater retention issues. Continued Public Hearing 3.2 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 June 26, 2023 a sign was posted at the site giving notice of the Planning Board’s July 12, 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 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 included 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. At the May meeting, the Planning Board requested that the applicant revise their site plans to reflect a new fence, lighting, and a landscaping plan, provide the traffic study, and provide further information regarding new jobs tied to the expansion. 2 City of Mount Vernon Meeting Date Planning Board Meeting Minutes July 12, 2023 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. This application was sent to the Fire Department, the Police Department, the Water Bureau, the Commissioner of DPW, and the City Engineer. Mr. Jack Addesso, the attorney for this project, began by confirming that the plans for the site had been revised as requested. He also said that Kevin Masciovecchio from JMC Engineering was in attendance to review the traffic study. Mr. Masciovecchio explained that traffic counts were conducted from 6:30-8:30 AM and from 2:00-6:00 PM at several intersections on Tuesday, April 25, 2023. Peak hour volumes occurred between 7:30-8:30 AM during the weekday morning and 2:45-3:45 PM during the weekday afternoon but the uptick was small. Commissioner Thompson-Njenga asked what time operations would normally start. Mr. Masciovecchio replied that optimally the operations would normally run from 7:00 AM-4:00 PM, but that the applicants wish to work and coordinate with the local school schedule to ensure that incoming trucks will not affect school traffic. Mr. Addesso said that the new addition would not significantly impact the traffic at the site and that trucks have been rerouted in such a way to create less impact. The Chair asked if the truck size at the facility would change. Mr. Tom Abillama and Ms. Carla Tannous said the size would stay the same with no more than 2-5 trucks entering the facility at any one time. There will also be a dedicated entrance and egress exit with trucks coming in one way and cars another way. Mr. Addesso then said that previously there were 145 parking spaces but that another 21 spaces will be added. Ms. Tannous explained that the impervious surface would be 89.5%. Evergreen hedges would be added, and a heavy gauge aluminum fence would be installed around the property. There will also be wall lighting all around as well as security cameras at all entrances. The cameras will have a 60-day retention time. The Chair asked if this project would result in any additional jobs. Mr. Addesso said yes, about 5-7 semi-skilled positions would be added. Land Use Counsel suggested that language be incorporated into a potential resolution reflecting the applicant’s intent to hire locally. 3 City of Mount Vernon Meeting Date Planning Board Meeting Minutes July 12, 2023 Land Use Counsel inquired about a handicapped parking area and if there is adequate access for fire and emergency vehicles. Ms. Tannous pointed out the handicap parking spot as displayed on the proposed 1st Floor plan and its proximity to the elevator. Mr. Addesso and Mr. Abillama indicated that the facility is designed to accommodate trucks and would provide adequate access for fire and emergency vehicles. Land Use Counsel then asked if there was a potential for installing solar panels in the future and whether the manufacturing would produce any noise. Mr. Abillama said there was room on the existing roof for solar panels. Applicant’s attorney and architects also explained that the facility is mostly used to manufacture large glass for high-rise and other buildings. They indicated that the manufacturing done in the existing building does not produce objectionable noise and the proposal is simply an expansion of the current use. The Chair then asked if there were any public comments. There were none. The Chair then made a motion to establish the Planning Board as lead agency under SEQRA, seconded by Commissioner Whites and carried by a vote of 5-0. Land Use Counsel then reviewed the Part II Full EAF with the board. The Chair made a motion to issue a Negative Declaration, seconded by Commissioner Whites and carried by a vote of 5-0. The Chair made a motion for Planning Department staff to draft a resolution with conditions, including the 60-day retention of the security cameras and that Applicant demonstrate good faith efforts to hire locally, seconded by Commissioner Thompson- Njenga and carried by a vote of 5-0. Continued Public Hearing 3.3 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 also received an Affidavit of Sign Posting stating that on June 23, 2023 a sign was posted at the site giving notice of the Planning Board’s July 12, 2023 meeting. The Board also received photographs showing that the sign posting on the property had been updated providing notice of today’s meeting. 4 City of Mount Vernon Meeting Date Planning Board Meeting Minutes July 12, 2023 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) 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 (D)(3)(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. At the May meeting, land use counsel requested a copy of the easement agreement between the building and the Stop & Shop next door. This was subsequently provided the next day to the Planning Department and forwarded to the Planning Board for review. 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.” As requested at the May meeting, a draft resolution as a Type II Action was provided to the Planning Board for review. 5 City of Mount Vernon Meeting Date Planning Board Meeting Minutes July 12, 2023 Mr. Addesso then reviewed the narrative submitted for the special use permit. The Chair 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 5-0. The Chair then made a motion to approve the resolution, seconded by Commissioner Trolio and carried by a vote of 5-0. New Public Hearing 3.4 Case No. PB-23-9 159 North Fulton Avenue (Section 165.55, Block 2057, Lot 27) in the RMF- 6.75 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 received an Affidavit of Sign Posting stating that on June 23, 2023 a sign was posted at the site giving notice of the Planning Board’s July 12, 2023 meeting. The Board also received photographs showing that the sign posting on the property had been updated providing notice of today’s meeting. Filomena & Ilda Tavares are the owners of a 17,128-sf subject property on the east side of North Fulton Avenue opposite Willow Place. The owner is represented by Mr. Ted D’Amore, Architect. The application is a proposal to subdivide a 17,128.3-sf lot with a 100' frontage to two lots of 50' frontage each. The present lot is not a rectangle, so the lots will not be of equal size. The lot with the present house and garage will be on the larger lot. Both lots meet the requirements for two-family houses according to R2-4.5 regulations, which is allowed in RMF-6.75 (three-family house) zones. The subject parcel sits in a neighborhood of predominantly two- and three-family houses on lots of 50’ x 100.’ The subject parcel is one of the largest in the neighborhood, at over 17,000 sf. The minimum lot size under R2-4.5 requirements is 4,500 sf. This proposal is for the lot with the existing house and garage to have 9,209.9 sf, more than double the requirement, and to have the vacant lot at 7,925.4 sf, more than 50% larger than the minimum requirement. The lot with the existing house and garage meets all the zoning regulations. No variances are required. The vacant lot is not proposed to be developed at this time by the owner. 6 City of Mount Vernon Meeting Date Planning Board Meeting Minutes July 12, 2023 SEQRA Determination– The proposed action is an unlisted action under SEQRA. The Planning Board is the only interested agency and as such can assume Lead Agency status at its meeting on July 12, 2023. This application was sent to the Fire Department, the Police Department, the Water Bureau, the Commissioner of DPW, and the City Engineer. Fire Safety responded with the recommendation to install a sprinkler system. The Fire Department had no issues with the application provided that they have access to the site in the event of an emergency. The Police Department responded with no objections. Mr. Ted D’Amore confirmed that there were no variances or setbacks on the lots and that the vacant lot could accommodate a large house. As the owners are retired, the intent is to subdivide and sell the vacant lot. He also explained that, according to New York State code, a sprinkler system is not necessary or required in houses that are only two stories. Commissioner Whites suggested that a condition to ensure that only a two-family house be built on the vacant lot be added to a future resolution. The Chair asked if there were any public comments. There were none. The Chair asked about the parking. Mr. D’Amore said that there is a garage and two parking spots on the first lot; there are no changes to the house. He said that there is adequate space on the second (vacant) lot for a garage in back or underneath the potential house. Land Use Counsel inquired about landscaping. Mr. D’Amore said that there are trees on the property, including a street tree, and that the site is all grass, so the site is already landscaped. The Chair said that the site needed a landscape plan based on the code and requested this for the August meeting. The Chair made a motion to adjourn the application to the August meeting, seconded by Commissioner Whites and carried by a vote of 5-0. The Chair then made a motion that the Planning Department staff write a draft resolution for the August meeting that includes a condition for a landscaping plan, seconded by Commissioner Thompson and carried by a vote of 5-0. The Chair made a motion that the Planning Department prepare the Part II EAF, seconded by Commissioner Whites and carried by a vote of 5-0. 7 City of Mount Vernon Meeting Date Planning Board Meeting Minutes July 12, 2023 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 8:09 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 8

Agenda

City of Mount Vernon Meeting Date Planning Board Agenda July 12, 2023 PLANNING BOARD MEETING/HEARING JULY 12, 2023 AGENDA A regular meeting of the City Planning Board will be held on Wednesday, July 12, 2023, at 6:30 PM in the Memorial Room 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 and Zoom. ITEM #1 ROLL CALL ITEM #2 APPROVAL OF MINUTES • May 3, 2023 ITEM # 3 PUBLIC HEARINGS Adjourned 3.1 Case No. PB-22-1: 24 Locust Lane (Section 159.81, Block 2032, Lot 2) in the R1-7 Zoning District. Applicant requested an adjournment to the September Planning Board meeting to allow the City Engineer and consultants to complete a hydraulic modeling study and make a determination regarding how best to address drainage and stormwater retention issues. 1 City of Mount Vernon Meeting Date Planning Board Agenda July 12, 2023 Continued Public Hearing 3.2 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 has also received an Affidavit of Sign Posting stating that on June 26, 2023 a sign was posted at the site giving notice of the Planning Board’s July 12, 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. At the May meeting, the Planning Board requested that the applicant revise their site plans to reflect a new fence, lighting, and a landscaping plan, provide the traffic study, and provide further information regarding new jobs tied to the expansion. 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. This application has been sent to the Fire Department, the Police Department, the Water Bureau, the Commissioner of DPW, and the City Engineer. 2 City of Mount Vernon Meeting Date Planning Board Agenda July 12, 2023 Continued Public Hearing 3.3 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 has also received an Affidavit of Sign Posting stating that on June 23, 2023 a sign was posted at the site giving notice of the Planning Board’s July 12, 2023 meeting. The Board also received photographs showing that the sign posting on the property has been updated providing notice of today’s meeting. 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) 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. 3 City of Mount Vernon Meeting Date Planning Board Agenda July 12, 2023 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. At the May meeting, land use counsel requested a copy of the easement agreement between the building and the Stop & Shop next door. 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.” New Public Hearing 3.4 Case No. PB-23-9 159 North Fulton Avenue (Section 165.55, Block 2057, Lot 27) in the RMF- 6.75 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 June 23, 2023 a sign was posted at the site giving notice of the Planning Board’s July 12, 2023 meeting. The Board also received photographs showing that the sign posting on the property has been updated providing notice of today’s meeting. Filomena & Ilda Tavares are the owners of a 17,128-sf subject property on the east side of North Fulton Avenue opposite Willow Place. The owner is represented by Mr. Ted D’Amore, Architect. The application is a proposal to subdivide a 17,128.3-sf lot with a 100' frontage to two lots of 50' frontage each. The present lot is not a rectangle, so the lots will not be of equal size. The lot with the present house and garage will be on the larger lot. Both lots meet the requirements for two- family houses according to R2-4.5 regulations, which is allowed in RMF-6.75 (three-family house) zones. The subject parcel sits in a neighborhood of predominantly two- and three-family houses on lots of 50’ x 100.’ The subject parcel is one of the largest in the neighborhood, at over 17,000 sf. The minimum lot size under R2-4.5 requirements is 4,500 sf. This proposal is for the lot with the existing house and garage to have 9,209.9 sf, more than double the requirement, and to have the vacant lot at 7,925.4 sf, more than 50% larger than the minimum requirement. The lot with the existing house and garage meets all the zoning regulations. No variances are required. The vacant lot is not proposed to be developed at this time by the owner. SEQRA Determination– The proposed action is an unlisted action under SEQRA. The Planning 4 City of Mount Vernon Meeting Date Planning Board Agenda July 12, 2023 Board is the only interested agency and as such can assume Lead Agency status at its meeting on July 12, 2023. This application has been sent to the Fire Department, the Police Department, the Water Bureau, the Commissioner of DPW, and the City Engineer. Fire Safety responded with the recommendation to install a sprinkler system. The Fire Department had no issues with the application provided that they have access to the site in the event of an emergency. The Police Department responded with no objections. 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, August 1 at 6:30pm - Planning Board Work Session. • Wednesday, August 2, 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

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