Planning Board

City of Mount Vernon Meeting Date Planning Board Meeting Minutes March 6, 2024 MEETING MINUTES PLANNING BOARD REGULAR MEETING For March 6, 2024 A regular meeting of the City Planning Board was held on Wednesday, March 6, 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. Jamael Thompson, 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 February 7, 2024. There being no further changes, Commissioner Whites made a motion to approve the minutes for February 7, 2024, seconded by Commissioner Njenga, and carried by a vote of 7-0. 1 City of Mount Vernon Meeting Date Planning Board Meeting Minutes March 6, 2024 Continued Public Hearing 3.1 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 February 16, 2024, a sign was posted at the site giving notice of the Planning Board’s March 6, 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 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, January, and February 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.” Mr, Shahin Badaly, P.E. provided revised plans incorporating all suggestions made by the Planning Board. He explained that the revision to the curb cut width is not included in the current plans but offered to submit a revision as a condition of approval. He explained that no signage is proposed at this time but will come back to the Planning Board at another time to do so. 2 City of Mount Vernon Meeting Date Planning Board Meeting Minutes March 6, 2024 There was discussion regarding signage and whether that should be decided by the ARB. Land Use Counsel suggested that a condition could be included stating that “the applicant will submit a plan for signage to the Planning Department for final review by the Board”. Commissioner Njenga asked about security cameras on site. Mr. Badaly stated that adequate measures regarding security will be taken. Commissioner Thompson asked about operations. Mr. Badaly stated that the food trucks would operate all year long, even in snow. The Chair asked about the curb cut. Mr. Badaly explained that the existing curb cuts are wide but the DPW wants to reduce and restore the curb where the gates would enter the property. The Chair asked Land Use Counsel if the curb cut issue would trigger City Council involvement. Land Use Counsel confirmed it would. Commissioner Trolio asked about trees and plantings. Mr. Badaly said he is planning to use arborvitae and is working with the DPW to plant the requested trees and will use any others that the DPW suggests. Commissioner Zamor asked if the water is metered at the property. Mr. Badaly said “no.” Commissioner Zamor then asked about the porta-potties and how they will be kept sanitary. Mr. Badaly stated that supplies will be brought on site as needed. Commissioner Whites expressed the need for water on site for cleaning purposes and Commissioner Zamor noted that arborvitae require a lot of water. The Chair said the property needs to have water on the premises and asked what the plan would be to clean up messes on site. There was discussion about having large capacity water drums on site or a water tank/tower 3 City of Mount Vernon Meeting Date Planning Board Meeting Minutes March 6, 2024 holding between 500-1,000 gallons that would last a few days, or perhaps public water could be provided via a spigot. Commissioner Zamor then suggested making water installation on site a condition of approval of the application. Mr. Badaly then said that the applicant owns the adjacent building, and that water can be transferred to the site as necessary as a condition. Commissioner Zamor then inquired about first aid kits and defibrillators on site as emergency situations should be accommodated and suggested that this be a condition of approval. Mr. Badaly stated that a first aid kit and installation of a defibrillator will be added as conditions. The Chair asked if there were any public comments; there were none. Land Use Counsel then stated that there is a provision in the Zoning Code regarding signage. She then read from Mount Vernon Zoning Code § 267-71 (D),(E) and (F)(Approval procedure for sign permit) which indicates that sign permit applications are submitted to the Building Dept. which then refers it to the Planning Department for an opinion; if the applicant does not wish to meet the conditions of approval outlined by the Building Dept., the matter is referred to the ARB for an advisory opinion. However, the Building Dept. has the final say. Commissioner Zamor asked about curfew and hours of operation. The Chair stated that the hours would be 11am – 9pm weekdays and 11am – 11pm weekends and that the site had to adhere to the City’s noise ordinance. Commissioner Zamor asked if there was a framework for the hours and suggested a condition to confirm those hours. The Chair then made a motion to close the public hearing, seconded by Commissioner Thompson, and carried by a vote of 7-0. After review of all comments, the following conditions were discussed: 1. Applicant shall comply with all rules, regulations and recommendations set forth by the City Council, all City Boards and City Departments, including, but not limited to, regulations regarding site plan amendments. 2. Applicant shall revise the site plan to match the curb cuts to the width of the rolling gates. 4 City of Mount Vernon Meeting Date Planning Board Meeting Minutes March 6, 2024 3. Applicant shall obtain City Council approval for all curb cuts exceeding 12 linear feet, pursuant to Mount Vernon City Code § 227-13. 4. Any and all signage for the site shall comply with the City’s sign ordinance, pursuant to Ch. 267, Art. XIII of the Mount Vernon Zoning Code. 5. Landscaping shall use arborvitae within the site. 6. Applicant shall provide adequate water to the site. Applicant shall consult with the City of Mount Vernon Department of Public Works and Board of Water Supply regarding how best to supply adequate water to the site. Applicant shall submit a final water plan to the Planning Board, Planning Department and Building Department for the file prior to issuance of the Building Permit. Such plan shall include any necessary gas operated pump or other accessory equipment. 7. Any water container provided on site shall be maintained in a filled condition and be filled using potable water from the adjacent building currently owned by Applicant, located at 36 Cortlandt Street. Applicant shall provide a written instrument, in recordable form, evidencing an easement to obtain water from 36 Cortlandt Street to service the site. Such instrument shall be submitted to the Planning Board, Planning Department and Building Department for the file prior to issuance of the Building Permit. 8. Applicant shall comply with the City’s noise ordinance, pursuant to Ch. 178 of the Mount Vernon City Code. 9. Hours of operation shall be Sunday-Thursday, 5am – 11pm; Friday & Saturday, 5am – 12am, pursuant to § 210 of the City Code. 10. Pursuant to Art. VII, § 267-36(B) of the Mount Vernon Zoning Code, all of the above conditions required by the Planning Board shall be noted on the original and all file copy prints of the site plan. All the above conditions shall be complied with prior to the issuance of the Certificate of Occupancy. Mr. Badaly requested that the hours of operation be extended to match the City Code, as stated in the conditions. Commissioner Zamor disagreed due to lack of walls and sound mitigation on site. Mr. Andre Jones, the operator, stated that a small generator is used on site, that is virtually silent, and said he has had no noise complaints. The Chair stated that the surrounding industrial area would not be overall affected. Land Use Counsel noted that this application is a Type II action under SEQRA and does not require further review. The Chair then made a motion to approve the application with the above conditions, seconded by Commissioner Thompson, and carried by a vote of 7-0. 5 City of Mount Vernon Meeting Date Planning Board Meeting Minutes March 6, 2024 New Public Hearing 3.3 Case No. PB-23-13: 58 Gramatan Avenue (Section 165.62, Block 1118, Lot 11) in the NB: 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 February 20, 2024, a sign was posted at the site giving notice of the Planning Board’s March 6, 2024, 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 is Luxe V Events Venue Rental and is represented by Shahin Badaly, P.E. The applicant is requesting a Special Use Permit approval for an event venue space/catering hall in the one-story, 2.859 square foot storefront. The subject property is 10,000 square feet, is located on Gramatan Avenue between Sidney Avenue and Prospect Avenue and is zoned NB: Neighborhood Business. The frontage of the building is 32.1’ and the occupancy of the space based on the Fire Code is 191 persons. The special permit is subject to the conditions in Section 267-Article VI of the City Code. SEQRA Determination– The proposed action is a Type II action under SEQRA, 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, and the action does not meet or exceeds any of the thresholds in section 617.4.” Mr. Shahin Badaly, P.E., represented Mr. Jefferson Hinds, the operator of Luxe V Events. He explained that Mr. Hinds has operated at these premises for 5-6 years and has had very few complaints. He only allows scheduled catered events with no walk-ins and most events are roughly under 100 people. There is no proximity to churches or school, and there is a municipal parking lot directly across the street. Commissioner Thompson asked why Mr. Hinds was requesting a special use permit now. Mr. Badaly noted that the Certificate of Tenancy was applied for but it became clear that the special use permit approval was never received. Mr. Hinds explained that he applied for and received a building permit from the Building Dept. in November 2018, which was then retracted to require a special use permit. The space was shut down during Covid but then reopened at limited capacity with temporary approval from the Building Dept. 6 City of Mount Vernon Meeting Date Planning Board Meeting Minutes March 6, 2024 Commissioner Thompson then asked about events and hours of operation. He noted that weddings, baby showers, etc. run from 5:00pm to 1:00am mainly on Friday, Saturday and Sunday. The Chair said he had concerns because there had been a similar establishment in the area that used to have issues late at night due to staying open until 4:00am. He then asked that Public Safety be contacted to weigh in regarding the hours of operation. Mr. Hinds noted that security is provided at every event and that the ratio is one security guard per 100 guests. Commissioner Whites asked who established the ratio. Mr. Hinds said it is based on the security company’s protocol. The Chair asked if the security guard was armed. Mr. Hinds said that the owner of the security company is armed. Commissioner Salmon asked if the security guard roams the party or stays at the door. Mr. Hinds stated that the guard mainly stays at the door and checks bags before anyone enters the venue. Land Use Counsel asked about approximate distances to schools, churches, etc. Mr. Badaly reiterated that there are no public schools, churches or places of worship or public housing on Gramatan Ave. The closest public housing is 1,000 ft away. He also noted compliance with 267-21 (200 ft. away from these establishments) and compliance with 267-40 (within 500 ft. of a municipal parking lot). Land Use Counsel noted that catering halls are a permitted principal use in the Neighborhood Business District, the only additional requirement needed is a special permit that determines that the project is not within 200 feet of certain establishments. Mr. Hinds noted that most parties end by 12 midnight, with everyone leaving by 1:00am and although a bar is sometimes part of the contract, incidents that arise are usually addressed by security or himself. Mr. Badaly suggested making all events private with invited guests only. Commissioner Thompson asked about a sprinkler system. Mr. Hinds said the ground floor level, basement, one floor above and tall parapet have sprinkler systems. The Chair again said he would like to have comments from Public Safety. 7 City of Mount Vernon Meeting Date Planning Board Meeting Minutes March 6, 2024 Mr. Badaly said he would communicate with the Building Dept. Land Use Counsel indicated that if the Board wished to vote on the issue, it could condition approval on Public Safety not having any objection to the hours of operation. Other conditions discussed were: • Applicant shall use the venue for private events with invited guests only • Hours shall be 5:00 pm to 2:00 am • Installation of security cameras outside the venue with 60-day retention time and 60- day retention time for existing security cameras The Chair then made a motion to close the public hearing, seconded by Commissioner Thompson, and carried by a vote of 7-0. The Chair then made a motion for Planning Dept. staff to draft a resolution of approval with the conditions for the April 3 meeting, seconded by Commissioner Trolio, and carried by a vote of 7-0. The Chair then made a motion to adjourn the meeting, seconded by Commissioner Salmon, and carried by a vote of 7-0. The meeting was adjourned at 8:57 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. 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 8