Planning Board

City of Mount Vernon Meeting Date Planning Board Meeting Minutes January 10, 2024 MEETING MINUTES PLANNING BOARD REGULAR MEETING For January 10, 2024 A regular meeting of the City Planning Board was held on Wednesday, January 10, 2024, a t 6:30 PM in the Mayor’s Conference Room on the first 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, and Mr. Jamael Thompson. Also attending were Katherine Mella, Associate Commissioner, Maria Pace, Land Use Boards Secretary, Will Hyland, Senior Planner, and U. Nkechi Nwachukwu, land use counsel. The Chair indicated that a quorum was present and opened the meeting at 6:30 pm. APPROVAL OF MINUTES The Chair asked if the Commissioners had an opportunity to review the meeting minutes of December 6, 2023 and the special meeting minutes of December 21, 2023. There being no further changes, Commissioner Whites made a motion to approve the minutes for both December 6 and December 21, 2023, seconded by Commissioner Salmon, and carried by a vote of 5-0. 1 City of Mount Vernon Meeting Date Planning Board Meeting Minutes January 10, 2024 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 has been adjourned to the February Planning Board meeting to allow the City Engineer and consultants to make a determination 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. Continued Public Hearing 3.2 Case No. PB-23-19: 77 South Street (Section 164.84, Block 3003, Lots 5, 7 & 25), in the Neighborhood Business 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 December 18, 2023, a sign was posted at the site giving notice of the Planning Board’s January 10, 2024, meeting. The Board also received photographs showing that the sign posting on the property has been updated providing notice of today’s meeting. 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 two food trucks. The applicant will need to conform to operations for businesses in Mount Vernon. The subject property is 14,686 square feet 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. The applicant has submitted revised materials based on comments provided by the Board at the November meeting. The application was referred to the Westchester County Planning Board, which provided comments on November 8, 2023. The application has also been sent to the following 2 City of Mount Vernon Meeting Date Planning Board Meeting Minutes January 10, 2024 departments for comments: Water Department, Fire Department, Fire Prevention, Department of Public Works, and the Mount Vernon Police Department. Staff also sent a notification to the Bronx Borough President’s Office of Planning and Development. SEQRA Determination– The proposed action is a Type II action under SEQRA, 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.” Kevin Munene, from Badaly Engineering Pllc, summarized that there will be two food trucks, not three, with 18 seating locations, 10 parking spaces, and two exits. The trash area will be near the South Street gate. The hours of operation will be 11am to 9pm weekdays and 11am to 11pm weekends. A traffic study was completed, and it was determined that the presence of the food trucks would not adversely affect current traffic on the street. There are two entrances for cars and two pedestrian gates. He further stated that there would be no obstruction for fire and emergency vehicles. There will be a two-way gate that is 24 ft in total and a one-way gate for garbage trucks. Commissioner Salmon asked about security/locking mechanisms during off hours. Mr. Munene stated that the gates will be locked at night and that security cameras will be added. Commissioner Salmon asked if any plantings (trees) for ambiance would be added. Mr. Munene confirmed that they would. The Chair asked what type of containers for refuse would be used. Mr. Munene stated that they will be metal 10’ x 10’ containers with lids. The Chair asked if a private carting company would be hired to pick up the trash as that is the norm for restaurants and should be considered to minimize any issues that could arise. Mr. Munene stated that the garbage will be deposited on the curb for pick up and would confirm the schedule for trash pickup and private carting. Commissioner Njenga asked if porta-potties will be provided. Mr. Thomas Borek and Mr. Andre Jones, co-owners of the property, stated that porta-potties would be provided on site and cleaned with service; Mr. Munene said that the exact locations of the porta-potties would be confirmed. 3 City of Mount Vernon Meeting Date Planning Board Meeting Minutes January 10, 2024 Commissioner Whites noted a number of violations and advised that the applicant address them. He also noted the County memo regarding stormwater management and recycling. The Chair then asked if there were any members of the public who wished to make comments. Mr. Jones, co-owner of the property, reiterated that he has listened to all of the comments and is involved in the discussion. Mr. Borek, the other co-owner of the property, noted that the stormwater management and recycling concerns have been addressed and that a garbage trash container as well as a recycling container will be placed in the area. Commissioner Whites noted that the number of cultec chambers for stormwater management has been increased from 13 to 17 per the Board’s request. The Chair then requested that Mr. Munene attend the next Planning Board meeting on February 7 so that all issues can be addressed. New Public Hearing 3.4 Case No. PB-23-14: 280 Collins Avenue (Section 165.22, Block 1012, Lot 5) in the RMF- 15: Multifamily Residence District Regarding public notice, the Board has received: An Affidavit of Mailing stating that on December 29, 2023, notice was mailed to property owners within a 500-foot radius of the site. An Affidavit of Sign Posting stating that on December 27, 2023, a sign was posted at the site giving notice of the Planning Board’s January 10, 2024, 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 December 26, 2023, and December 27, 2023. The owner is 280-290 Collins Owners and is represented by Shahin Badaly, P.E. The applicant is requesting site plan approval to construct a concrete pad and curb on an existing exterior trash refuse area, located on the site of a 72-unit multifamily apartment complex. The subject property is 111,078 square feet, is located on Collins Avenue off Fleetwood Avenue and East Birch Street and is zoned RMF-15: Multifamily Residence. 4 City of Mount Vernon Meeting Date Planning Board Meeting Minutes January 10, 2024 The Westchester County Planning Board was notified of the application, and it has also been sent to the following departments for comments: Water Department, Fire Department, Fire Prevention, Department of Public Works, and the Mount Vernon Police Department. SEQRA Determination– The proposed action is a Type II action under SEQRA, 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.” Mr. Kevin Munene from Badaly Engineering Pllc, shared that the application proposes a concrete curb, 4’ wide x 4’ long, for refuse disposal. Six garbage cans will rest on the curb and level off. The Chair asked DPW Commissioner Damani Bush for his input. Commissioner Bush noted that there was a large rat infestation in the surrounding area approximately two years ago and recommended a full retaining wall enclosure around the receptacles to mitigate it. He asked Mr. Munene if there would be a retaining wall around the garbage area and recommended that he and the applicant meet at the site to address the exact location. The Chair agreed that the area should be fully enclosed and suggested that there should also be a buffer behind the wall for the neighboring properties. Commissioner Bush asked how high the wall would be. Mr. Munene said the wall would be 6’ high. The Chair noted that the wall and the height of the trees behind it should be equal to or greater than the structure. The Chair also said that whatever size the DPW recommends, that is what the Board will be looking for, and reiterated that it should be concrete to alleviate any potential issues. Deputy Commissioner Hackett also recommended that there should be drain holes in the concrete. The Chair then asked if there were any members of the public who wished to make comments. Several neighbors made comments, as follows: • Apartment residents throw trash on neighboring residents’ properties. • In the summertime, a rank smell is emitted when trash piles up as there are no lids to cover it. 5 City of Mount Vernon Meeting Date Planning Board Meeting Minutes January 10, 2024 • When trash overflows, it starts to pile up next to the bins on the ground. • Workers blow leaves and trash onto neighboring properties. • Mousetraps sit next to the fence, endangering children. • Neighbors cannot enjoy their own front yard, backyard, or deck space because of the smell. • Significant financial cost/quality of life issues due to rats and garbage; rats undermining a neighbor’s retaining wall necessitated hiring an exterminator to prevent the wall from collapsing. • Garbage should be placed on applicant’s side of the street, not on the neighbors' side. • Neighbors note that they receive a summons if they put their garbage outside early, but the applicant does not. • Neighbors ask if putting trash next to residential properties is even within code. • All agreed that the location is inappropriate and unfair to residents and think there are other alternatives. The Chair asked if an enclosure would mitigate the issue and suggested that Commissioner Bush go and check on the property. Commissioner Bush said that non-collection garbage days are the problem as that is when the smell and rat infestation occurs. The Chair asked if there is a mechanism to ensure trash maintenance and containment. Commissioner Bush said that the DPW would speak to the building superintendent to prevent blight in the area and will issue a violation if the building doesn’t comply. Commissioner Thompson asked if the building had a current storage location for the garbage. Commissioner Bush stated he would need to inspect the site to determine a trash storage location. The Chair recommended that a survey be conducted in case of an easement and to determine potential options for the enclosure. Associate Commissioner Katherine Mella noted that the applicant submitted a survey as part of their application, which the board then reviewed. The Chair then thanked everyone for attending the meeting and advised Mr. Munene that Commissioner Bush will look at the property. Commissioner Bush will then speak with the Planning and Community Development Department to communicate his suggestions to the applicant. The Chair noted that the application will continue to the February 7 meeting. 6 City of Mount Vernon Meeting Date Planning Board Meeting Minutes January 10, 2024 New Public Hearing 3.3 Case No. PB-23-18: 0 Millington Street (Section 169.25, Block 4055, Lot 6) in the R2-4.5 Two Family Residence District Regarding public notice, the Board has received: An Affidavit of Mailing stating that on December 29, 2023, notice was mailed to property owners within a 500-foot radius of the site. An Affidavit of Sign Posting stating that on December 27, 2023, a sign was posted at the site giving notice of the Planning Board’s January 10, 2024 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 December 26, 2023, and December 27, 2023. The owner is Millington Project LLC and is represented by Shahin Badaly, P.E. The applicant is requesting an extension of a prior Planning Board subdivision approval that was granted on June 15, 2022, to move forward with the building permit application process to subdivide the lot and construct a two-family dwelling on each lot. The subject property is 10,500 square feet (proposed to be subdivided into two 5,250-square foot lots), located on Millington Street between Nuber Avenue and South Columbus Avenue, in the R2-4.5: Two Family Residence Zoning District. No changes have been made to the application or plans since the initial approval of the subdivision, and there have been no changes in the surrounding area that would affect the property, application or plans since the initial approval. The Chair asked if all the taxes had been paid on the property. The Land Use Boards secretary confirmed that all taxes had been paid except for the school taxes, which would be paid the next day. Kevin Munene, from Badaly Engineering Pllc, explained that the request for the 12-month extension of the site plan approval was primarily due to time needed to secure financing. The Chair noted that there were no material changes to the application or plans. Commissioner Whites then made a motion to grant the 12-month extension, seconded by Commissioner Thompson, and carried by a vote of 5-0. 7 City of Mount Vernon Meeting Date Planning Board Meeting Minutes January 10, 2024 ITEM #4: ADMINISTRATIVE ITEMS 4.1 454 South 9th Avenue Draft Resolution for Review Planning staff provided a draft resolution for 454 South 9th Avenue for the Board’s review. The Chair made a motion to accept the draft resolution as presented, seconded by Commissioner Whites, and carried by a vote of 5-0. The Chair then made a motion to adjourn the meeting, seconded by Commissioner Salmon, and carried by a vote of 5-0. The meeting was adjourned at 8:00 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 8