Planning Board

City of Mount Vernon Meeting Date Planning Board Meeting Minutes October 4, 2023 MEETING MINUTES PLANNING BOARD REGULAR MEETING for October 4, 2023 A regular meeting of the City Planning Board was held on Wednesday, October 4, 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 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, and Mr. Frank Trolio. 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 September 6, 2023. There being no further changes, Commissioner Whites made a motion to approve the minutes for September 6, 2023, seconded by Commissioner Thompson, and carried by a vote of 4-0. 1 City of Mount Vernon Meeting Date Planning Board Meeting Minutes October 4, 2023 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. This application was adjourned to the November Planning Board meeting to allow the City Engineer and consultants to make a determination regarding how best to address drainage and stormwater retention issues. New Public Hearing 3.2 Case No. PB-23-12: 130 Miller Place (Section 169.56, Block 4090, Lot 5) in the Industrial District Regarding public notice, the Board received: An Affidavit of Mailing stating that on September 13, 2023 notice was mailed to property owners within a 500-foot radius of the site; An Affidavit of Sign Posting stating that on September 18, 2023 a sign was posted at the site giving notice of the Planning Board’s October 4, 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 September 14, 2023 and September 15, 2023. The Applicant is Vernon Industries (Charles Dippolito). He is represented by Tom Abillama, Architect. The Applicant is requesting site plan approval for the renovation of an existing one-story warehouse into a 1,200 ton/day, 24-hour Municipal Solid Waste (MSW) transfer station in the existing 12,600 sf building located at 130 Miller Place in the Industrial Zone. The Project also includes the adjacent parking area which is owned by the Applicant. The parking area will have 9 parking spaces and one loading area as well as a side entrance for trucks to enter the facility from the parking area. The proposed transfer station is located near the Westchester County MSW transfer station at 10 Kimball Place (.36 miles away). The transfer station building functions are scaling, tipping, and compaction of solid waste. The building will also have a small office and bathrooms. Trailers will be filled and driven a half mile through Mount Vernon into the Bronx to 95 North, where the waste will be taken to energy and landfill facilities in New York, Connecticut, and Pennsylvania. The facility will not be picking up from private residences or competing with the Mount Vernon DPW. Waste 2 City of Mount Vernon Meeting Date Planning Board Meeting Minutes October 4, 2023 will be taken from commercial establishments like Mount Vernon Hospital, body shops, and restaurants. Waste will be removed from the facility daily. The compaction trucks enter the building through the parking area and exit to Miller Place directly. The Applicant has provided a circulation plan which shows truck routes entering and exiting the facility, and the turning radius for the intermediate semi-trailer trucks, box cars, and passenger vehicles within the facility. The scaling area is exclusively for sanitation trucks that enter and exit from 130 Miller Place. The existing masonry structure with steel will remain, and the roof structure will be raised to allow for the proposed transfer station height requirements. Existing rolling shutter will be modified to 15 ft minimum clearance for trucks entering and exiting the building. Solar panels are planned for the roof which will make this a net neutral user of electricity on the grid. The new operator will be bringing 25-30 full-time permanent jobs once operations start. SEQRA Determination– The proposed action is a Type II action based on 617.5(c)(18) “reuse of a residential or commercial structure, or of a structure containing mixed residential and commercial uses, where the residential or commercial use is a permitted use under the applicable zoning law or ordinance, including permitted by special-use permit.” Mr. Jack Addesso, attorney for the owner, Charles Dippolito, stated that the property is properly zoned for the requested use and submitted a summary document about Approved Storage and Waste Hauling. He also said that the owner has been in business for 27 years. Mr. Charles Dippolito explained that the building was formerly the site of a metalworks business (welding, manufacturing metals, acetylene torches, etc.) but said that his proposed transfer station would be cleaner than the prior business. He also went on to say that he employs a number of Mount Vernon residents @ $20/hour and offers medical insurance and 401K. He said that this facility would employ approximately 30 people. The Chair asked about the company’s “second chance initiatives.” Mr. Dippolito said he fully supports “second chance initiatives” allowing potential employees to be hired even if they may have been involved in the criminal justice system. He went on to say that if someone is willing to work, that person will be given the opportunity to work. He also stated that he has several employees at his other locations that were hired under the initiative. The Chair admired Mr. Dippolito’s hiring of employees under the initiative and expressed the hope that he will make an effort to hire within the City for this project. 3 City of Mount Vernon Meeting Date Planning Board Meeting Minutes October 4, 2023 Mr. Dippolito said he would absolutely hire residents of Mount Vernon. Mr. Dippolito defined the waste being disposed of as municipal solid and organic waste, not medical or hazardous waste. Mr. Tom Abillama, the architect, said that the traffic flow in and out of the facility is based on a system that only requires the truck to enter and exit one time. Garbage trucks will pick up the waste at the local facility, dump it, after which it gets moved into municipal trailers that travel to I-95 and then on to various facilities located in Peekskill, NY; Bridgeport, CT; Waterloo, NY; and Birdsboro, PA. Mr. Dippolito stated that the facility will have wall mounted lighting on the elevations of the building; security cameras by the entrance doors to cover the parking lot; and lighting in the front parking lot. The rear elevation will have stucco and steel siding and the side elevations will have metal siding. A new roof will be installed, and roof drainage will be directed outside to 18 cultec chambers. The facility will operate in three shifts for 24 hours. Mr. Brian Haggarty, the project’s traffic consultant, said that they relied on the applicant to provide a predicted number of trips, as land use codes used to predict trips do not define “transfer station” in their manuals. Based on the number of trips taken by the metal shop, he predicted that there would be less trips for the transfer station, resulting in no substantial traffic impact. Commissioner Trolio asked if there would be any landscaping around the facility. Mr. Dippolito said he wanted to put planters on either side of the entrance but was told he needed to obtain permits for them, which he will do. The Chair asked if any contamination exists at the facility and if remediation is required. Mr. Addesso said it was a clean property and that there will be no gas or petroleum issues in the future. Commissioner Thompson asked about the nine parking spaces at the facility. Mr. Dippolito replied that use of the parking spaces is staggered among the three shifts, with five employees at a time using them. The truck drivers will park in an adjacent parcel. The Chair asked about organic materials. 4 City of Mount Vernon Meeting Date Planning Board Meeting Minutes October 4, 2023 Mr. Dippolito replied that those would consist of restaurant fruit/vegetable, recycling, etc. These materials would be trucked to a facility in New Jersey. The Chair then asked if there were any public comments. Mr. James Grandefeld, owner of the Ball Chain Mfg. Co. at 741 S. Fulton Ave., expressed concern over the use of the space, citing the area as already high transit with heavy traffic and street parking. This would exacerbate the infrastructure and impact safety, especially regarding nearby residential buildings. Mr. Richard Palmer, 215 Miller Place, agreed with Mr. Grandefeld and said that there are many commercial trucks and vehicles parked on both sides of the street creating a lot of commercial traffic, including cars from auto body shops. The Chair asked if anyone has spoken to the auto body shops to move their cars from the street to a parking lot. Mr. Palmer said no. Mr. Anthony Nappi, 640 S. Fulton St., stated that there are illegally parked cars on the street at night; that when calls are made to the City to complain, no one answers the phone; there is no one to call on the weekends; and no one responds to calls that are made. He said that the transfer station is bad for the neighborhood and that the residential properties should have been better notified. Mr. Addesso responded that the area is in the Industrial Zone and that those who commented also contribute to the traffic problem. He said that the operation as described is well-monitored and designed to keep contact with the local road to a minimum and that it checks all the boxes for this type of project. Commissioner Trolio asked if any of the transfer station trucks would be parked on the street. Mr. Dippolito said all trucks would be parked on-site and that he has never had a single violation at one of his similar locations. The Chair asked about state regulations. Mr. Dippolito stated that he will meet all conditions and mitigation measures. Regarding garbage fumes, they will spray Febreze, along with following state regulations regarding odor control and fumes mitigation. 5 City of Mount Vernon Meeting Date Planning Board Meeting Minutes October 4, 2023 Land Use Counsel asked about noise generation. Mr. Dippolito explained that other than hydraulic pistons, the noise level falls well below the OSHA requirement. Commissioner Thompson asked how many garbage trucks will be collecting waste and if there would be a queue of truck traffic caused by waiting trucks. Mr. Dippolito said there would be seven trucks working over the course of an 8-hour shift, sometimes longer. Truck lines are possible but since they are staggered, it is unlikely that there would be a back-up. The Chair then asked if there were any further public comments; there were none. The Chair asked about the security cameras. Mr. Dippolito said he has full-time cameras with 90-day retention as well as license-plate readers. All trucks are installed with cameras as well. The Chair asked about noise and odor re: OSHA and EPA guidelines and if there are any other regulatory guidelines they need to follow. Mr. Dippolito said that NYSDEC would give them permits and the only other regulatory entity is the Department of Health. Commissioner Trolio then made a motion to close the public hearing, seconded by Commissioner Thompson, and carried by a vote of 4-0. The Chair asked Land Use Counsel about conditions of approval, which were cited as follows: • Apply to the Building Department for permits for the trees at the front entrance. • Retain bi-weekly pest services. • Odor mitigation measures should comply with EPA standards. • 90-day retention of security camera footage • Ensure noise does not exceed allowable decibel level. • Ensure good faith effort to hire Mount Vermon residents. • Ensure self-contained parking on site during all hours of operation. • In case of a back-up, extra trucks should park on the adjacent lot. • Install lighting in the parking lot, wall mounted lighting on the building elevations, and security cameras by the entrance doors to cover the parking lot. 6 City of Mount Vernon Meeting Date Planning Board Meeting Minutes October 4, 2023 The Chair then made a motion for Planning Department staff to prepare a draft resolution, including the conditions, for the November 1 meeting. Commissioner Whites seconded the motion, which was carried by a vote of 4-0. New Public Hearing 3.3 Case No. PB-23-5 & 6: 405 South Fifth Avenue (Section 169.31, Block 3091, Lot 1) in the RMF-6.75 Residential District Regarding public notice, the Board previously received proof of mailing and proof of publication in the Journal News. The Board also received an Affidavit of Sign Posting stating that on September 7, 2023 a sign was posted at the site giving notice of the Planning Board’s October 4, 2023 meeting. The Board also received photographs showing that the sign posting on the property provided notice of today’s meeting. The Applicant is Derri Kreshnik, who is being represented by Mr. Shahin Badaly, PE. The Applicant is requesting to subdivide the 10,500-sf property into two 5,250 sf lots and is also requesting site plan approval. The subject property is vacant and is located on the southeast corner of South Fifth Avenue and West Fifth Street. The property has 100’ frontage along South Fifth Avenue and 105’ along West Fifth Street. The Applicant proposes to construct two single-family townhouses on each lot (for a total of 4 single-family townhouse units). There will be 2 spaces in the garage under each unit (for a total of 8 parking spaces). The residences will be accessible from the driveway facing West Fifth Street. The townhouses will be three stories at a height of just under 35’ and will have a total of 4 bedrooms. The third floor of each unit will have a rear outdoor deck and a playroom/den. There are no bathrooms being proposed in the basements. The units will be attached with no side yards in between. The ZBA approved the area variance for the side yards at its October 18, 2022 meeting. This application was sent to the Fire Department, the Police Department, the Water Bureau, the Commissioner of DPW, and the City Engineer for comments. SEQRA Determination – The proposed action is an unlisted action under SEQRA. As the only interested agency, the Planning Board can assume Lead Agency status at its meeting on October 4, 2023. Mr. Shahin Badaly explained that a zoning variance was obtained for a 0-foot side yard setback, but rather than build two separate two-family homes, the owner will instead build them as four single-family townhouses. However, as far as zoning is concerned, they will be considered two attached two-family houses and taxed as such. Access will be from E. 5th St., there will be two driveways, drainage in the front yard, and four cultec chambers at 330 XL each per building behind the driveway. 7 City of Mount Vernon Meeting Date Planning Board Meeting Minutes October 4, 2023 The Chair asked if 330 XL would be sufficient and requested a larger capacity. Commissioner Thompson asked about drainage in the corner area. Mr. Badaly said that the area doesn’t get much water as it currently flows to the street because of the slight elevation of the property. The Chair then reiterated the need for larger cultec capacity. Mr. Badaly then noted that there would be downward lighting near the front doors and deck that is dark sky compliant. Per the ZBA approval, the curbs and sidewalk will be replaced, which are also a part of the Planning Board application. Commissioner Trolio asked if all the homes will have a deck. Mr. Badaly said that the two homes on the end would have decks and that the middle units would have basement access instead of a deck. Commissioner Trolio asked why the middle units would not have a deck. Mr. Badaly said that adding space for decks in the middle units would take up much of the backyard but said that a small deck could fit in if the Board would like it. Commissioner Trolio suggested making the backyard a common area so that middle decks could be added. The Chair then asked Mr. Badaly to revise the plans as suggested by the Planning Board for the November 1 meeting. The Chair then made a motion to declare the Planning Board as lead agency, seconded by Commissioner Thompson, and carried by a vote of 4-0. New Public Hearing 3.4 Case No. PB-23-7 & 8: 454 South Ninth Avenue (Section 169.38, Block 3047, Lots 14 and 15) in the RMF-6.75 Residential District Regarding public notice, the Board previously received proof of mailing and proof of publication in the Journal News. The Board also received an Affidavit of Sign Posting stating that on September 7, 2023 a sign was posted at the site giving notice of the Planning Board’s October 4, 2023 meeting. The Board also received photographs showing that the sign posting on the property provided notice of today’s meeting. The Applicant is Derri Kreshnik, who is being represented by Mr. Shahin Badaly, PE. The Applicant is requesting site plan as well as subdivision approval and to reapportion two existing 8 City of Mount Vernon Meeting Date Planning Board Meeting Minutes October 4, 2023 vacant lots (lots 14 & 15) consisting of 10,500 sf and 2,525 sf, respectively. The site is located on the west side of South Ninth Avenue to the north of Sandford Blvd. The Applicant is proposing to subdivide the total 13,025 sf property into 4 lots to build an attached two-family residence on each lot (for a total of 8 units). There are similar structures (4 two-family dwelling units) adjacent to the north of the subject property both on South Ninth Avenue and South Tenth Avenue. Attached dwelling units and two-family dwellings are permitted in the RMF-6.75 zone, and the dimensions of the attached two-family units are regulated under the R2-4.5 zoning district. The subject property has remained vacant for over 10 years. The property has an existing wood fence, which will remain. The Applicant has a site drainage plan, but no current stormwater management system. The ZBA approved area variances for lot area, lot area per dwelling unit, lot width and frontage, side yard setbacks, and parking at their October 18, 2022 meeting. This application has been sent to the Fire Department, the Police Department, the Water Bureau, the Commissioner of DPW, and the City Engineer. SEQRA Determination– The proposed action is an unlisted action under SEQRA. As the only interested agency, the Planning Board can assume Lead Agency status at its meeting on October 4, 2023. Mr. Badaly explained that the existing property is a vacant lot and that the owners plan on building four two-family townhouses with three parking spots per building, one indoor and two outdoor. Mr. Badaly noted that the parking spots can function in tandem or separately. Mr. Badaly also said that Planning Board and Zoning Board approvals were obtained ten years ago, but Mr. Badaly subsequently went before the ZBA to obtain further approvals to expand the driveway and modify the staircase. Mr. Badaly said that he has submitted a landscaping and lighting plan. The lighting plan proposes dark sky compliant lighting, and the landscaping plan is basically the same as what was presented and approved by the Zoning Board. Commissioner Thompson asked about the parking situation. Mr. Badaly explained that he has no street parking or traffic information, but that parking should not be a problem as they are within the code for parking per unit. Mr. Badaly said that the stormwater plan was designed on a 6.7-inch value but is open to redesigning for a more realistic value. There will be three tanks per building in the rear yard. 9 City of Mount Vernon Meeting Date Planning Board Meeting Minutes October 4, 2023 The Chair asked Mr. Badaly to please revise the plan to show more realistic stormwater values; Mr. Badaly agreed. The Chair asked about backyard space and fencing. Mr. Badaly said that there is a 29.5 ft rear yard and 32 ft at the back unit. Fences will be installed at each tax lot, as it is a subdivision. The Chair then asked if there were any public comments. Mrs. Annette Shands, who lives next door to the property, said that she believed her property rights were being violated by this proposal due to the setback variance approved by the Zoning Board. She also said that there would be an adverse impact to the neighborhood as a result of noise, air quality, crowding, construction and density increase due to a former one-family home that will now accommodate eight families. Mr. Badaly noted that the side yards adjacent to Mrs. Shand’s property measure 7.5 and 8 ft, not 5 ft as she mentioned. The Chair asked if the ZBA approval was granted recently. Mr. Badaly said the application received ZBA approval in October 2022, which had revisions to the application submitted 10 years ago. The Chair asked about parking. Mr. Badaly clarified that there will be three parking spaces per building, (1.5 per unit), with two spaces outside and one inside. This is more than the Code requirement of 1 indoor space per dwelling unit. Commissioner Whites requested that the Zoning Board meeting minutes from its October 2022 meeting be made available for review, along with the Findings of Fact, given that this is an older application with minor changes and changed material conditions. The Chair asked about lighting and security cameras. Mr. Badaly said that he would submit a revised lighting plan as well as add cameras with a 60-day retention period. The Chair then requested an increase in cultec chambers. Commissioner Thompson asked if the number of units could be reduced. 10 City of Mount Vernon Meeting Date Planning Board Meeting Minutes October 4, 2023 Mr. Badaly responded that the project is only financially feasible with the current number of eight units. Mr. Derri Kreshnik, the owner, then said that 12 units were originally approved 10 years ago but were subsequently dropped down to eight per the request of the Zoning Board. Land Use Counsel asked the applicant if the street could accommodate adequate emergency vehicles and if there was enough sunlight to accommodate present and future solar systems. Mr. Badaly responded that the street is adequate for emergency vehicles and that the setback does not require extra fire apparatus access. He also noted that the site is open for a solar system to be installed that could provide a decent amount of energy for the buildings. The Chair asked about the shared wall between the buildings. Mr. Badaly stated that it was a minimum code requirement; it stops right underneath the roof structure but goes all the way up to that point. The Chair then requested it be a stronger, 3-hour fire rated wall. The Chair then made a motion to adjourn the application to the November 1 meeting, seconded by Commissioner Thompson, and carried by a vote of 4-0. The Chair then made a motion to adjourn the meeting, seconded by Commissioner Thompson, and carried by a vote of 4-0. The meeting was adjourned at 8:42 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. James Rausse, Planning Commissioner Marlon Molina, 2nd Deputy Planning Commissioner cc: Shawyn Patterson-Howard, Mayor Building Department Corporation Counsel City Clerk 11