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Planning Board

Regular Meeting

Mount Vernon, NY · February 7, 2024

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Minutes

City of Mount Vernon Meeting Date Planning Board Meeting Minutes February 7, 2024 MEETING MINUTES PLANNING BOARD REGULAR MEETING For February 7, 2024 A regular meeting of the City Planning Board was held on Wednesday, February 7, 2024, a t 6:30 PM in City Council Chambers on the 2nd 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. Frank Trolio and Mr. Lesly Zamor (via Zoom). 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 January 10, 2024. There being no further changes, Commissioner Whites made a motion to approve the minutes for January 10, 2024, seconded by Commissioner Salmon, and carried by a vote of 5-1. 1 City of Mount Vernon Meeting Date Planning Board Meeting Minutes February 7, 2024 The vote was as follows: Yes/Aye No/Nay Abstain Absent Chair Darryl Selsey Vivien Salmon Jamael Thompson Helene Thompson-Njenga Frank Trolio Charles Whites Lesly Zamor 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 March 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. The Chair commented that, going forward, this application will not appear on the agenda until it is ready to be presented again to the Planning Board. 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 January 19, 2024, a sign was posted at the site giving notice of the Planning Board’s February 7, 2024, meeting. The Board also received photographs showing that the sign posting on the property was 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. 2 City of Mount Vernon Meeting Date Planning Board Meeting Minutes February 7, 2024 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 submitted revised materials based on comments provided by the Board at the November and January meetings. The application was referred to the Westchester County Planning Board, which provided comments on November 8, 2023. The application was also sent to the following 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.” The Chair asked Mr. Kevin Munene, representing Badaly Engineering, if he had received any comments from the City Engineer, Curtis Woods Mr. Munene, representing Badaly Engineering, said he had. He then explained the revised plans for trash disposal. The Chair then requested that the proposed monthly exterminator visit be increased to twice a month. Commissioner Salmon suggested that the site be monitored or revisited at some point regarding any potential rodent infestations in case any adjustments need to be made. The Chair confirmed that monitoring can be done and noted that the revised trash pickup schedule can assist with this. The Chair also noted that adjustments may need to be made regarding the porta-potties. Commissioner Whites questioned the need for porta-potties as other sites with food trucks do not have them. The Chair said that this is a larger area with two food trucks, and it is therefore preferable to have these facilities. Commissioner Zamor said that porta-potties are a good idea but noted that it brings up an 3 City of Mount Vernon Meeting Date Planning Board Meeting Minutes February 7, 2024 ADA concern and would force the applicant to comply with ADA requirements. After some discussion, it was agreed to have two porta-potties with one being ADA-compliant. Associate Commissioner Mella confirmed that the revised plans now show an exterior 6 ft. fence all around the property that is zoning compliant; the 9 ft. posts have been removed from the plans and will be removed from the site. Commissioner Zamor asked if the surface material for the space will be asphalt and if the plan is to have the tables sit directly on the asphalt. Mr. Munene confirmed both. Commissioner Zamor noted the lack of tree coverage on the property. Mr. Munene noted that there is neighborhood screening in place. Commissioner Zamor suggested that the tree shading would be useful given the heat in the summer from the asphalt. He asked whether there would be canopies, pergolas or umbrellas for shade. He also suggested that perhaps the asphalt surface could be reduced and replaced with pervious pavers, artificial turf, etc. in the seating areas, to help reduce the heat. Commissioner Zamor asked if any renderings had been done including the food trucks and what the layout would look like. Mr. Munene said that a rendering had not been created but that he could work on that. Commissioner Zamor noted that the current sidewalks are in a state of disrepair. Mr. Munene noted that there were no plans to replace the sidewalks but they could be added to the scope of the work. Commissioner Trolio suggested adding some street trees, such as palm, as coverage and perhaps some decorative gravel to create a welcoming environment. The Chair indicated that he would drive by the site to see if there are any areas where a couple of small trees could be placed that would not prevent visibility of the site. It was noted that comments from Fire Prevention indicated that they would want to inspect the site to ensure that the food trucks have a full suppression system, mounted fire extinguishers, and the site has a second means of egress. Mr. Munene noted that two fire extinguishers have been added as well as two gates for egress. 4 City of Mount Vernon Meeting Date Planning Board Meeting Minutes February 7, 2024 Commissioner Zamor questioned the change from three trucks to two and asked whether the potential to add more food trucks should be included on the plans. The Chair indicated that if the site plan showed where additional food trucks could be located in the future, a condition could be placed stating that up to 3-4 food trucks are approved, based on location. Commissioner Trolio asked about the current interior 8 ft. fence. Commissioner Zamor asked what the purpose of the middle fencing is and if it is needed. Mr. Munene explained that the fencing separates the parking area from the seating area. Commissioner Zamor then asked about the purpose of the rolling gates. Mr. Munene said that the gate on W. First St. is to access the parking area and the gate on South St. is for trash disposal and as well as entering and exiting of the garbage trucks. Commissioner Zamor then asked if the gates open in or out. Mr. Munene confirmed that they open in to avoid impeding sidewalk traffic. Commissioner Zamor noted that in places of public assembly, gates should open out in case of an emergency. He suggested either moving the gates inward so as not to not interfere with traffic or keep them in a secure and locked open position, and then locking them at night. Mr. Andre Jones, the owner, stated that he heard all the suggestions made and that he will include them in the final plans. He stated that he is committed to establishing a viable and attractive area for the public. He also distributed samples of branding labels, containers, food bags, etc. for Board members to see. The Chair suggested incorporating the branding into the renderings, labeling on trucks, etc. He also said that if everything suggested at the meeting is included in the plans and resubmitted, the application should be ready to move forward. Commissioner Whites recommended that all suggestions be coordinated with the Planning Department staff and included on the plans so that when the applicant returns, each item can be checked off. Commissioner Salmon then asked if there will be music during operation hours. Mr. Jones said there are plans to provide music. 5 City of Mount Vernon Meeting Date Planning Board Meeting Minutes February 7, 2024 After discussion, the following suggestions were provided to the applicant: • The applicant will include in the narrative plans for an exterminator/pest control visit to be increased from monthly to twice per month to deal with any potential insect or rodent infestations on site and should note that the situation will be monitored to increase pest control as necessary. • The applicant will revise the porta-potty design to include fencing or screening to separate it from the rest of the site; applicant should provide one ADA-accessible porta-potty. • The applicant will reduce the existing asphalt surface and replace it with pervious pavers in the seating areas to reduce potential heat. • The applicant will add trees, umbrellas, pergolas or another shading mechanism near the picnic tables to reduce direct exposure to sun and heat. • The applicant will add street trees along the property to also provide shading from the heat in the summertime, and to help create a more welcoming environment. • The applicant will repair/replace current sidewalks around the property. • The applicant shall discuss with the Buildings Department what the maximum build out of the site could be (how many additional food trucks beyond the 2 currently proposed in the application the site can hold). Based on their recommendations, the applicant will update the plans to reflect a fully built-out site. • The applicant will remove the existing 8-foot interior chain link fence and replace it to be in keeping with the proposed 6-foot black aluminum fence on the perimeter of the site and revise the existing plans to reflect this. • The applicant will revise the pedestrian gates to ensure that they open into the site and that they will be locked in an open position during business hours for the purpose of providing safe exits from the site in the event of an emergency. • The applicant will provide details of any signage being proposed, including location(s) and dimensions as well as any other relevant features (e.g. lighting/brightness). • The applicant will submit a rendering of the proposed site that includes all the above changes (the street trees, the revised porta-potty design and screening, the added pervious pavers in the seating areas and reduced impervious surface, the shading around the seating area, the replaced sidewalks, the removal and replacement of the existing 8-foot interior chain link fence and replacement with an aluminum fence in keeping with the one around the perimeter, the proposed gates opening inward, the max number of food trucks the site can hold). The rendering should also show the proposed branding and labeling on the proposed food trucks and potential signage on the site. 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]. 6 City of Mount Vernon Meeting Date Planning Board Meeting Minutes February 7, 2024 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 James Rausse, Planning Commissioner Marlon Molina, 2nd Deputy Planning Commissioner cc: Shawyn Patterson-Howard, Mayor Building Department Corporation Counsel City Clerk 7

Agenda

City of Mount Vernon Meeting Date Planning Board Agenda February 7, 2024 PLANNING BOARD MEETING/HEARING February 7, 2024 AGENDA A regular meeting of the City Planning Board will be held on Wednesday, February 7, 2024, at 6:30 PM in City Council Chambers on the second floor of City Hall. Applicants and members of the public will be permitted to attend and make public comments via in person attendance and Zoom. ITEM #1 ROLL CALL ITEM #2 APPROVAL OF MINUTES  January 10, 2024 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 This application has been adjourned to the March 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. 1 City of Mount Vernon Meeting Date Planning Board Agenda February 7, 2024 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 Affadavit of Sign Posting stating that on January 19, 2024, a sign was posted at the site giving notice of the Planning Board’s February 7, 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 and January meetings. 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 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.” 2 City of Mount Vernon Meeting Date Planning Board Agenda February 7, 2024 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, March 5, 2024, at 6:30pm - Planning Board Work Session  Wednesday, March 6, 2024, 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 3

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