Planning Board

City of Mount Vernon Meeting Date Planning Board Meeting Minutes September 6, 2023 MEETING MINUTES PLANNING BOARD REGULAR MEETING for September 6, 2023 A regular meeting of the City Planning Board was held on Wednesday, September 6, 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 comments via in- person attendance and Zoom. 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. Charles Whites, Mr. Jamael Thompson, Mr. Frank Trolio, Ms. Vivien Salmon, Ms. Helene Thompson-Njenga (via Zoom), and Mr. Lesly Zamor (via Zoom after discussion of 219 Tecumseh Ave.) 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. 1 City of Mount Vernon Meeting Date Planning Board Meeting Minutes September 6, 2023 APPROVAL OF MINUTES The Chair asked if the Commissioners had an opportunity to review the minutes of August 2, 2023. There being no further changes, Commissioner Whites made a motion to approve the minutes for August 2, 2023, seconded by Commissioner Salmon, and carried by a vote of 6-0. 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-22-23: 219 Tecumseh Avenue (Section 165.80, Block 4041, Lot 19) located in the R2-4.5 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 August 23, 2023 a sign was posted at the site giving notice of the Planning Board’s September 6, 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 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 established itself as Lead Agency for the environmental review of this two-lot subdivision on May 3, 2023. The Planning Board will need to complete the SEQRA process before completing their subdivision review. 2 City of Mount Vernon Meeting Date Planning Board Meeting Minutes September 6, 2023 This application has been 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. Mr. Shahin Badaly advised the Planning Board that it will need to complete the SEQRA process before continuing with the subdivision review. He clarified that, currently, one house on the proposed subdivision is existing and the other is proposed, but both would be single-family homes. There are no current site plans for the second dwelling; they are only conceptual at this point. He also explained that the application did receive approval from the Zoning Board in 2022 for an area variance. He reviewed comments from the Mount Vernon Fire Department and will incorporate them into the current site plan, but also requested comments from the other City agencies (Water Dept./DPW/City Engineer/MVPD). Mr. Badaly also mentioned an estimated sewer flow of 10,000gallons/day and offered to include this information in a report along with the water demand. The Chair asked if the proposed properties would just be rentals. Mr. Badaly said that a decision has not been made regarding whether the properties will be rented or sold. The Chair requested that staff follow up with the additional departments for their comments. The Chair then made a motion to close the public hearing, seconded by Commissioner Whites, and carried by a vote of 6-0. After a SEQRA Short EAF review, The Chair made a motion to accept SEQRA, seconded by Commissioner Thompson, and carried by a vote of 6-0. The Chair then made a motion to accept the resolution with added comments from the City departments, seconded by Commissioner Whites, and carried by a vote of 6-0. Continued Public Hearing 3.3 Case No. PB-23-10: 55 Bradley Avenue (aka One Wartburg Place) – (Section 165.42, Block 2160, Lot 1) in the RMF-SC 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 August 9, 2023, a sign was 3 City of Mount Vernon Meeting Date Planning Board Meeting Minutes September 6, 2023 posted at the site giving notice of the Planning Board’s September 6, 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 submitted an amended site plan application for the Independent Living facility (IL) on the Wartburg campus. The Applicant is represented by their legal team, Cuddy & Feder, and design professionals, Perkins Eastman and McLaren Engineering Group. The Applicant previously received site plan approval from the Planning Board for an 8-story building with 210 senior units and 135 parking spaces at grade and in a parking structure on September 8, 2021. The Applicant then received a one-year extension of the existing site plan on August 3, 2022. The amended site plan is generally similar to the prior approved plan with the exception that the Applicant now proposes 225 units instead of 210 units (an increase of 15 units) and has reduced the number of parking spaces to 84 from 135 spaces (a decrease of 51 spaces). Applicant’s drawings show the comparison of the building’s footprint between the amended and approved plans. The proposed footprint includes the shortening of the parking structure and narrowing of the east elevation. Additional landscaping will be included on the east side and at the entrance to the structure. Amended plans also show a roof terrace on the main building and a terrace and green roof on top of the parking structure at ground level. The Applicant provided a new landscaping plan, sight view studies, shadows studies, elevations, exterior materials and façade treatment, and footprint comparisons. A revised Stormwater Pollution Prevention Plan (SWPPP) was also provided. An updated Full EAF and Traffic Memorandum prepared by McLaren Engineering Group addressed the increase of 15 units and the reduction in parking spaces. The Traffic update analyzes the previous Traffic and Parking studies conducted in October 2019 and March 2021. The Applicant intends to improve the private transportation/shuttle services available to Campus residents with the addition of at least one (1) added vehicle in the fleet to support the proposed IL Building. At the August meeting, the Planning Board requested a construction management plan, a response to the concern regarding noise, and asked the Applicant to assess whether affordable units could be added to the development. SEQRA Determination: The Proposed action is an Unlisted action under SEQRA. Applicant has provided a Long Form EAF for the proposed action. The Planning Board is the only interested agency and assumed Lead Agency status at its meeting on August 2, 2023. This application was sent to the Fire Department, the Police Department, the Water Bureau, the Commissioner of DPW, and the City Engineer. It was also referred to Westchester County Planning for GML review. Westchester County responded with comments in a letter dated August 25, 2023. The Fire Department responded with the following comments: a sprinkler 4 City of Mount Vernon Meeting Date Planning Board Meeting Minutes September 6, 2023 system should be installed in the parking lot below the outdoor terrace; smoke/carbon monoxide detectors and a sprinkler system that works with the monitored fire alarm system is also required; at least two means of egress leading to a public way is required; department requires a fire apparatus access road at least 20 feet wide and 150 feet long for trucks to access the site. Mr. William Null, attorney for The Wartburg, stated that on August 28, Cuddy & Feder submitted a construction management report as requested along with a memo regarding highway noise and also confirmed that no meaningful sound from the highway would be reflected off the existing building. Mr. Null said that the applicant did have concerns regarding the draft resolution that included a condition for affordable housing. The objective of this project is to attract seniors where clients pay for the services and amenities they desire. While The Wartburg is more than willing to seek the expansion of affordable housing on the campus, that is not the goal of this project. However, the applicant did express the desire to work with the city on creating more affordable housing on campus. Commissioner Whites asked how The Wartburg would go about doing this. Mr. Null responded that The Wartburg is exploring other projects where financing might allow for more affordable units, which can’t be done with this project. Commissioner Salmon asked how far along those other projects are. Mr. Null shared that these projects would be happening in the next 2-3 years. The Chair raised the issue of the noise level. Mr. Rich Rosen, of Perkins Eastman Architects, explained that the noise level would only rise 3 decibels, so there would be no significant increase. Commissioner Whites then expressed concern regarding public perception and interpretation of conversations that the applicant referenced having with the Mayor about affordable housing. Mr. Null noted that The Wartburg is a campus, not a group of buildings on a street, and that there are plenty of housing opportunities within the campus. Commissioner Thompson brought up the issue of employee parking. Mr. David Gentner, President/CEO of The Wartburg, stated that staff meetings were held to reiterate that employees can only park in designated areas. 5 City of Mount Vernon Meeting Date Planning Board Meeting Minutes September 6, 2023 The Chair then asked if there were any public comments. Ms. Lisa Dupree said that most previous concerns have been addressed but questioned private security for mixed use facilities. Mr. Gentner stated that the campus is open to the public 24/7 and they have a security firm who parks at the gatehouse for monitoring. He also noted that they have added public walking paths to make the campus more walkable. Ms. Dupree then asked about an unmanned gatehouse. Mr. Gentner confirmed that the gatehouse in question was unmanned. David, a resident, shared his concerns about congestion on Hutchinson Blvd., the timeline and length of construction and the impact to homes in the immediate area. He also stated there is a lack of understanding regarding the construction project. Mr. Null responded that it will be an 18-month term of construction and that it will affect Bradley Ave and not Hutchinson Blvd., so congestion on that road should not be a concern. The Chair asked about public outreach regarding the construction. Mr. Null said that Mr. Gentner would be the point person to reach. He also stated that there typically is no blasting, but if there is a need, a survey would be conducted first. He also said that the Construction Management Plan allowed for building assessments of neighboring properties before construction begins. Commissioner Zamor then asked about the reduction of parking spaces in the proposed plan. Mr. Gentner explained that the need for parking has diminished due to the clinic closing as a result of COVID; there are less visitors; and a decrease in staff who need to park their cars. To offset this, Wartburg is looking into shuttle transportation and plans to purchase several electric cars. Land Use Counsel asked the applicant to comment on the number of positions the project will create. Mr. Gentner responded that the project is a service-based model, not a health-care facility. There will be a need for dining service staff, wait staff, concierge, drivers, housekeeping staff, but no more than 50 people. Many will be part-time or per diem. Mr. Null then requested changing the language in the resolution regarding affordability from “project” to “campus.” 6 City of Mount Vernon Meeting Date Planning Board Meeting Minutes September 6, 2023 The Chair then made a motion to close the public hearing, seconded by Commissioner Whites, and carried by a vote of 7-0. The Chair then made a motion to adopt the EAF Part 2/Negative Declaration, seconded by Commissioner Whites, and carried by a vote of 6-1. The Chair then made a motion to approve the draft resolution with a change in language regarding stormwater and affordability, and to act in good faith by hiring local people. The motion was seconded by Commissioner Thompson and carried by a vote of 6-1. New Public Hearing 3.4 Case No. 3-2021 (PB-23-17) 115 South Macquesten Parkway (Section 164.75, Block 1060, Lots 1, 2, 3, 6, 8, and 29) Located in the Mount Vernon West Hub Zone (MVW-H) within the Mount Vernon West Transit Oriented Development Zone Regarding public notice, the Board has received: An Affidavit of Mailing stating that on August 24, 2023 notice was mailed to property owners within a 500-foot radius of the site. An Affidavit of Sign Posting stating that on August 18, 2023 a sign was posted at the site giving notice of the Planning Board’s September 6, 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 August 23, 2023, and on August 24, 2023. The Applicant, NRP Group LLC, is being represented by their legal team, DelBello Donnellan Weingarten Wise & Wiederkehr, LLP. The Applicant provided a letter dated July 26, 2023 requesting a one-year extension of site plan approval for the development. The Planning Board approved this site plan by a motion at its November 3, 2021 meeting and approved a one-year extension at its October 6, 2022 meeting. The site plan approval allows the applicant to build a mixed-use transit-oriented development consisting of two residential towers with a total of 315 residential units, approximately 4,833 square feet of commercial space, approximately 1,952 square feet of amenity space, and a community facility containing approximately 8,380 square feet. The approval also included 273 parking spaces and related infrastructure. There have been no changes made to the previously approved site plan. The Applicant is seeking a one-year extension as they work to secure financing for the project. 7 City of Mount Vernon Meeting Date Planning Board Meeting Minutes September 6, 2023 Ms. Janet Giris, the attorney for the applicant, explained that the project was originally approved in 2021 and a request for an extension was requested and approved in 2022. However, they are now requesting a second extension to secure financing through New York State. Mr. Steve Horton explained that NYSDEC will conduct environmental remediation at the site for which the applicant will receive tax credits. The applicant has also applied for assistance with the Mount Vernon IDA. He noted that there has been a decrease in school enrollment since the original approval. He reiterated their intent to seek a community-based nonprofit to run the proposed community facility. So far, there has been interest from the Mount Vernon Boys and Girls Club and Westcop in occupying and programming the space. The Chair asked about the school enrollment decrease and requested the source of this information. Commissioner Zamor noted that enrollment is down in the high school but up in the middle school. He said that area and local schools that would be affected by the project should be considered more than the overall enrollment levels. The Chair then asked Commissioner Njenga for clarification regarding enrollment levels at the elementary school closest to the project (Hamilton School) and commented that a potentially large number of children living in the proposed units may impact the schools and lead to more bussing of children. Commissioner Njenga questioned the impact COVID had since the study/SEQRA was conducted. She suggested that questions regarding the school need to be revisited and stated that the 2016 study conducted might no longer be relevant. Commissioner Thompson asked about the proposed breakout of units. Mr. Horton said there would be 32 studio apartments, 32 one-bedroom units, and 136 two- bedroom units. The Chair asked about Commissioner Rausse’s request to increase the commercial space from 4,833 sq ft to 7,500 sq ft. Mr. Horton said that the applicant would not be able to change the space within the parameters of the existing site plan approval granted by the Planning Board. The increased space might also impact traffic flow, parking requirements, etc. Commissioner Trolio asked about the traffic median and suggested that it be reduced in size to keep it more consistent and allow for better traffic flow. 8 City of Mount Vernon Meeting Date Planning Board Meeting Minutes September 6, 2023 Commissioner Zamor disagreed and said that this would eliminate green space. He also stated that he opposes further development in the area until there is a more comprehensive urban plan in place. Commissioner Trolio then suggested that the applicant work with a landscape architect to create welcoming and inviting public areas. The Chair then asked if there were any public comments. Ms. Marlene Wertheim said that she didn’t understand why this project should go ahead as more residential space should be superseded by industrial space, green space, and commercial corridors. She said that the project could cause overpopulation and impact schools and argued that the applicant is shifting the burden onto taxpayers rather than themselves. Mr. Ray Khan said that he was in favor of the project and asked the Planning Board to facilitate more projects like this. He also commented that Mount Vernon must replace burned out and dilapidated buildings with new and better housing. The Chair then made a motion to close the public hearing, seconded by Commissioner Whites and carried by a vote of 7-0. The Chair then noted that PCD staff had prepared a resolution for a one-year extension to obtain financing and the building permit. Ms. Giris expressed the hope that they will complete the financing process by next summer and requested an 18-month extension if possible as a cushion. The Chair shared that he believed that the Planning Board has the discretion to increase the time to 18 months up to two years. Land Use Counsel clarified that the rules state that an extension granted can only be a maximum of 12 months total. The Chair then made a motion to approve the one-year extension, seconded by Commissioner Trolio and carried by a vote of 5-2. The Chair made a motion to adjourn the meeting, seconded by Commissioner Thompson, and carried by a vote of 7-0. The meeting was adjourned at 8:33 pm. 9 City of Mount Vernon Meeting Date Planning Board Meeting Minutes September 6, 2023 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. James Rausse, Planning Commissioner Marlon Molina 2nd Deputy Planning Commissioner cc: Shawyn Patterson-Howard, Mayor Building Department Corporation Counsel City Clerk 10