Planning Board

City of Mount Vernon Meeting Date Planning Board Meeting Minutes November 1, 2023 MEETING MINUTES PLANNING BOARD REGULAR MEETING For November 1, 2023 A regular meeting of the City Planning Board was held on Wednesday, November 1, 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 asked the staff to start the live streaming of the meeting on Facebook. The Chair read the meeting notice into the record then indicated that the roll call was the first item on the agenda. ROLL CALL The Chair called the roll: in addition to Chairman Darryl Selsey, attending were the following Commissioners: Ms. Vivien Salmon, Ms. Helene Njenga, 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 October 4, 2023. There being no further changes, Commissioner Whites made a motion to approve the minutes for October 4, 2023, seconded by Commissioner Salmon, and carried by a vote of 6- 0. 1 City of Mount Vernon Meeting Date Planning Board Meeting Minutes November 1, 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. The Planning Board adjourned this application to the December Planning Board meeting to allow the City Engineer and consultants to have further discussion regarding how best to address drainage and stormwater retention issues. A copy of the Arcadis memo regarding the “Raynor Avenue and Burkewood Road Preliminary Flooding Evaluation” is available on the City’s website at: https://cmvny.com/DocumentCenter/View/7797/Raynor-Avenue-Preliminary-Flood- Evaluation-Memo. Closed 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 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 October 18, 2023 a sign was posted at the site giving notice of the Planning Board’s November 1, 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 is Vernon Industries, Inc. (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 compacting 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 November 1, 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 expects to bring 25-30 full-time permanent jobs once operations start. At the October meeting, the Planning Board motioned to have staff prepare a draft resolution. 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.” Ms. Carla Tannous, representing T. Abillama & Assoc., reiterated that the former Mount Vernon Stoneworks location is now proposed to be the transfer station. Trucks will enter the facility one way and leave another way. There will be parking for employees and planters will be added by the entrance. The Chair asked if there is a potential for 25-30 new jobs at this facility. Ms. Tannous agreed that there will be. The Chair then requested that Land Use Counsel read the nine conditions contained in the draft resolution, with edits to condition #7 regarding employing Mount Vernon residents to fill at least 20 of the 25-30 expected new jobs, and condition #9 regarding lighting, as follows: 1. The Applicant shall obtain all required state, county and local permits and approvals prior to the issuance of a building permit including NYSDEC and Westchester County Department of Health. 3 City of Mount Vernon Meeting Date Planning Board Meeting Minutes November 1, 2023 2. The Applicant shall provide security camera in the front of their building with videos being retained for 90 days unless the Mount Vernon Police Department requests a longer time period. 3. The Applicant will apply for a building permit to place 3” caliper trees on either side of the entrance. All trees shall be maintained in a healthy and vigorous state. Individual trees that do not survive shall be replaced at the beginning of the next growing season. All trees shall be maintained for the life of the facility. 4. The Applicant will retain pest services to treat site on a biweekly basis. 5. Odor mitigation measures shall comply with EPA standards. 6. The Applicant shall ensure that noise does not exceed allowable decibels for the area. 7. The Applicant shall, to the extent feasible, make good faith efforts to employ Mount Vernon residents to fill no fewer than 20 of the 25-30 expected new jobs. 8. The Applicant shall contain all vehicles on subject property during all hours of operation, no truck queue will be allowed outside of facility. In the event of backup, trucks shall be parked on the adjacent lot. 9. The Applicant shall 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. The Chair then made a motion to approve the resolution with the nine conditions, including amended conditions #7 and #9, seconded by Commissioner Whites, and carried by a vote of 6-0. Continued 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 October 13, 2023 a sign was posted at the site giving notice of the Planning Board’s November 1, 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 4 City of Mount Vernon Meeting Date Planning Board Meeting Minutes November 1, 2023 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 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. At the October meeting, the Planning Board requested that the applicant increase the capacity of the stormwater retention system, explore adding decks off the first floor for the middle units, and re-think the rear yard space. SEQRA Determination – The proposed action is an unlisted action under SEQRA. The Planning Board assumed Lead Agency status at its meeting on October 4, 2023. Mr. Kevin Munene, representing Badaly Engineering, reiterated that two single family townhouses would be built on each of two lots for a total of four townhouses along with eight parking spaces. He advised that revised plans for the site provide access to the rear of the property in lieu of a balcony, as well as a cultec system/stormwater design to deal with potential drainage issues. Each of the 10 cultecs has a volume of 79 cubic ft., replacing the original six. The Chair asked about the platforms off of the family room and what the deck area can be used for. Mr. Munene said that it can be used as a sitting area. Commissioner Salmon asked about the various levels of the units. Mr. Munene stated that the basement has a garage in the front; the first floor includes the family room in the back as well as the kitchen, dining room and bathroom; the second floor has three bedrooms (two bedrooms and a master bedroom/bathroom as well as walk-in closet). Commissioner Salmon then inquired if there were any laundry facilities. Mr. Munene responded yes, they are located on the 3rd floor. 5 City of Mount Vernon Meeting Date Planning Board Meeting Minutes November 1, 2023 Chair Selsey asked if there would be any division of the rear yard via screening or fences to provide some privacy or if will it be one common yard. He expressed concern about neighbors encroaching on another’s space, etc. Mr. Derri Kreshnik, the owner, suggested that bushes could be planted to create separation among the four units. Commissioner Trolio suggested a 6’ divider and also questioned who will be responsible for yard maintenance. Mr. Kreshnik responded that he would be responsible for cleaning, maintenance, etc. Commissioner Trolio suggested that 4-5’ natural plant material could be used as natural barriers 3/4 of the way to the back of the property. He also recommended that granite curbing be installed that delineates the street from the property. The Chair then asked if there were any public comments. There were none. Land Use Counsel asked if the submitted plans were the most recent, updated plans as the ones she has are dated August. She then requested that plans be submitted indicating changes made between October and November, and all revision dates. The Chair asked if there were any public comments; there were none. The Chair then made a motion for the Planning Department staff to prepare a draft resolution with revised conditions, as follows: 1. Applicant shall install granite curbing. 2. Applicant shall install natural screening in the rear yard between each dwelling unit consisting of 4’-5’ plant material (arbor vitae) that extends ¾ of the length of the rear yard (as measured from the building towards the rear property line). 3. Provide a security camera plan that shows camera locations and specs (cameras shall have a minimum 60-day retention period). 4. Provide lighting plan to include lighting on every corner of the building, photos and specs of proposed lighting fixtures, direction of lighting, and lighting intensity. Commissioner Thompson seconded the motion, which was carried by a vote of 6-0. The Chair then made a motion to close the public hearing, seconded by Commissioner Whites, and carried by a vote of 6-0. Continued 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 6 City of Mount Vernon Meeting Date Planning Board Meeting Minutes November 1, 2023 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 October 13, 2023 a sign was posted at the site giving notice of the Planning Board’s November 1, 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 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 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. The Fire Department responded with the recommendation to install a sprinkler system. The Water Bureau responded with the following comments: fire flow tests must be done to determine water availability; all structures will require their own water service and meter. At the October meeting, the Planning Board requested that the applicant increase the capacity of the stormwater retention system and update the fire wall between units to be a 3-hour wall. SEQRA Determination– The proposed action is an unlisted action under SEQRA. The Planning Board assumed Lead Agency status at its meeting on October 4, 2023. Mr. Kevin Munene, representing Badaly Engineering, explained that there are four lots with a two-family unit on each lot, for a total of eight units. He confirmed the addition of a three-hour fire wall between the two units, as well as an increase to six cultec chambers per unit, for a total of 12 chambers. Commissioner Thompson asked how many parking spots would be included. 7 City of Mount Vernon Meeting Date Planning Board Meeting Minutes November 1, 2023 Mr. Derri Kreshnik said each home will have a garage spot and there will also be outside parking spaces on the driveway that will be wide enough to fit two cars. Commissioner Salmon asked if the set-up of this property is similar to 405 S. 5th Ave. Mr. Munene stated that the garage is in front of the basement; in the back is the powder room and washer/dryer area; the first floor has two bedrooms; and the second floor has a living room and master bedroom. Land Use Counsel requested that Mr. Munene provide a full set of plans with the updated revisions, including all revision dates. The Chair then asked if there were any public comments. Mrs. Annette Shands said that she has lived next door to the property for 83 years. Her concern about building the residences is that the motivating force is money, not people, and that there are too many buildings in the area with too many people. There were no further public comments. Commissioner Trolio inquired whether the same screening material suggested for 405 S. 5th Ave. could be used at this location. Land Use Counsel inquired about security cameras. Mr. Munene said the divider material and security cameras were not on the plans, but he would include them when revised plans are submitted. Commissioner Salmon then asked where lighting would be installed. Mr. Munene said there would be lights on each corner of the buildings. The Chair asked Mr. Munene if he had a picture of the light. Mr. Munene said no, but that it would be added to the final plans. The Chair then reviewed the issues that needed to be addressed, including security cameras, granite curbing, location of the downward lighting, and the natural divider material. Land Use Counsel asked if the plans reflected the fire wall. Mr. Munene replied yes, on page A301 of the revised site plans. 8 City of Mount Vernon Meeting Date Planning Board Meeting Minutes November 1, 2023 The Chair advised that the applicant needs to come back to the December 6 meeting with revisions, including: 1. Revise lighting plan to include lighting on every corner of the buildings, photos and specs of proposed lighting fixtures, direction of lighting, and lighting intensity. 2. Provide a security camera plan that shows camera locations and specs (cameras shall have a minimum 60-day retention period). 3. Revise site plans to show installation of granite curbs. 4. Provide full set of plans with updated revision dates. The Chair then made a motion to adjourn the application to the December 6 meeting, seconded by Commissioner Whites, and carried by a vote of 6-0. New Public Hearing 3.5 Case No. PB-23-19: 77 South Street (Section 164.84, Block 3003, Lots 5, 7, and 25) in the Neighborhood Business District. Regarding public notice, the Board received: An Affidavit of Mailing stating that on October 12, 2023, notice was mailed to property owners within a 500-foot radius of the site; An Affidavit of Sign Posting stating that on October 10, 2023, a sign was posted at the site giving notice of the Planning Board’s November 1, 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 October 11, 2023, and October 16, 2023. The owners are 34 Cortlandt LLC and RAL South LLC. The owners are represented by Shahin Badaly, P.E. The Applicant is requesting site plan approval for the conversion of an existing vacant lot into an outdoor take-out restaurant with three food trucks. The applicant will need to conform to operations for businesses in Mount Vernon. The subject property is 14,686 sf located at the intersection of West 1st Street and South Street in the Neighborhood Business (NB) zone. The property has a 100’ frontage on West 1st Street and approximately 110’ along South Street. The property is located a short distance to the north of the commercial area of the Wakefield section in the Bronx. There is a proposed fence along property lines and within the interior of the lot. The food trucks will be located in the portion of the lot closest to South Street. The northern portion of the site will be occupied by 10 parking spaces. There will be a black aluminum fence that separates the food truck area and the parking lot. The same fence extends along the perimeter of the property along South Street and West 1st Street. 9 City of Mount Vernon Meeting Date Planning Board Meeting Minutes November 1, 2023 Drainage is proposed using 13 cultec chambers to control runoff from the site. Lighting will consist of four downward directed lighting fixtures on 15’ poles. There will be two light poles in the parking lot and two light poles near the fence facing the outdoor restaurant area, and one light pole on South Street side facing into the restaurant area. SEQRA Determination– The proposed action is a Type II action based on 617.5(c)(9) “construction or expansion of a primary or accessory/appurtenant, non-residential structure or facility involving less than 4,000 square feet of gross floor area and not involving a change in zoning or a use variance and consistent with local land use controls.” Staff has sent a notification to the Bronx Borough President’s Office of Planning and Development and a GML notification to Westchester County Department of Planning. Mr. Kevin Munene, representing Badaly Engineering, explained that this is a vacant lot that will be converted into an outdoor restaurant with food trucks. There are 10 spaces on the lot separated by a fence, which also surrounds the property. The Chair asked if there will be three separately owned trucks or just one owner of the three trucks. Mr. Munene said there is just one owner. The Chair asked what kind of food will be available. Mr. Munene said he did not know at this time but would look into it and provide further information. He also said that parking is for “grab & go.” There is a lighting plan including three posts as well as a stormwater plan with 13 cultec chambers. Commissioner Salmon asked if there will be a designated eating area or picnic table space. Mr. Munene said there is not but noted that there is sufficient room should the Planning Board or owner want to add it. Commissioner Salmon asked if there were any security cameras. Mr. Munene said no, but that they could be added to the plans. Commissioner Njenga asked if the number of trucks could be increased to more than three. Mr. Munene replied that there was really no room for more than three. Commissioner Whites suggested that there should be conditions addressing cleaning, pest control, garbage pickup, grease disposal and maintenance. Commissioner Trolio asked about the parking areas. 10 City of Mount Vernon Meeting Date Planning Board Meeting Minutes November 1, 2023 Mr. Munene said that there are two areas with a total of 10 spaces: three spaces including one handicap space as you enter the lot by the gate with the other seven in a corner. Commissioner Salmon asked about crowd control, including entering and exiting traffic. The Chair asked about parking and turning radius. Mr. Munene confirmed that the backup radius is 29 ft., with 22 ft being the minimum, which should be enough room to turn around and maneuver out of the lot. Commissioner Trolio commented that the area is an eyesore and asked about landscaping and screening. He also recommended that trees be added. The Chair expressed concern about the parking area and cars entering and exiting the property. He asked if it was possible for vehicles to enter one way and exit another. He suggested that a rendering would be helpful indicating seating, truck placement, traffic flow, etc. The Chair then asked if there were any public comments. Mr. Andre Jonos, the owner, said he heard a lot of good comments and wants to be a premier food spot in Mount Vernon serving Jamaican/Caribbean food. The Chair then asked Mr. Jonos to clarify if he will start with one truck and expand to three or start upfront with three trucks. Mr. Jonos said he will start with one truck first; he will start small and grow from there. He said the hours of operation would be noon to 10:00pm. Commissioner Trolio commented that the area is probably the largest spot for food trucks in Mount Vernon, with high traffic. However, it needs to be visually attractive and welcoming to potential customers. Land Use Counsel advised that the applicant should review and revise the site plans as follows: 1. Revise Stormwater Plan to accommodate at least 8.5” rainfall intensity. 2. Provide a security camera plan that shows camera locations and specs (cameras shall have a minimum 60-day retention period). 3. Provide pest control plan. 4. Provide seating plan. 5. Provide plan for cleaning, garbage pickup, grease disposal, and general maintenance. 6. Provide written narrative of overall food truck operations (including times of operation, types of cuisine, etc.) 7. Provide a landscape plan. 8. Provide drawings and/or written narrative demonstrating that the project meets all site plan requirements set forth in Mount Vernon Zoning Code § 267-38, particularly: 11 City of Mount Vernon Meeting Date Planning Board Meeting Minutes November 1, 2023 a) The effect of the proposed development on traffic conditions on existing streets. b) The number, locations and dimensions of vehicular and pedestrian entrances, exits, drives and walkways. c) The visibility in both directions at all exit points of the site. d) Patterns of vehicular and pedestrian traffic circulation, both within the boundaries of the development and in relation to the adjoining street and sidewalk system. e) The location, arrangement and adequacy of facilities for the physically handicapped, such as ramps, depressed curs and reserved parking spaces. f) Adequacy of fire lanes and other emergency zones. g) The location, height and materials of walls, fences, hedges and plantings so as to ensure harmony with adjacent development. The Chair made a motion to adjourn the application to the December 6 meeting, seconded by Commissioner Whites, and carried by a vote of 6-0. The Chair then made a motion to adjourn the meeting, seconded by Commissioner Trolio, and carried by a vote of 6-0. The meeting was adjourned at 8:13 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 12