Planning Board

City of Mount Vernon Meeting Date Planning Board Meeting Minutes April 3, 2024 MEETING MINUTES PLANNING BOARD REGULAR MEETING For April 3, 2024 A regular meeting of the City Planning Board was held on Wednesday, April 3, 2024, at 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, and Mr. Jamael Thompson. Also attending were Maria Pace, Land Use Boards Secretary, Will Hyland, Senior Planner, U. Nkechi Nwachukwu, Land Use Counsel, and Deputy Commissioner Marlon Molina (via Zoom). 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 March 6, 2024. There being no further changes, Commissioner Salmon made a motion to approve the minutes for March 6, 2024, seconded by Commissioner Njenga, and carried by a vote of 4-0. 1 City of Mount Vernon Meeting Date Planning Board Meeting Minutes April 3, 2024 Continued Public Hearing 3.1 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 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 March 18, 2024, a sign was posted at the site giving notice of the Planning Board’s April 3, 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 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, located on Collins Avenue off Fleetwood Avenue and East Birch Street and is zoned RMF-15: Multifamily Residence. The Westchester County Planning Board was notified of the application. 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. 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., presented a major revision of the plans now indicating a 40 ft. long solid concrete enclosure all around the receptacle as well as the inclusion of tall evergreen trees along the property line. Commissioner Thompson inquired about the extermination plan. Mr. Badaly confirmed that extermination would take place every two months with a “deep clean” completed every six months. The Chair asked if there were enough trash receptacles at the site and inquired about the trash pickup schedule. Mr. Badaly stated the same number of receptacles is still there, but additional overflow space and a dumpster will be added. Currently, the trash is taken out daily with pick up on Tuesdays and Fridays; the super is also in contact with the DPW constantly. He stated that the applicant is willing to add a condition for a maintenance schedule. 2 City of Mount Vernon Meeting Date Planning Board Meeting Minutes April 3, 2024 The Chair said that the goal is for the building to be a good neighbor and to adhere to a good clean-up schedule. Commissioner Salmon inquired about the rodent population and suggested that the extermination visits may need to be conducted weekly, if necessary. Jennifer Giuliano, building manager of 280 Collins Ave., stated that they are attempting to address the rodent issue as best they can around the neighboring properties. Commissioner Thompson noted that there had been discussion about moving the receptacle to another location altogether. The applicant stated that the area below the active driveway, which was suggested as an alternative location, would not be possible. The Chair then asked if there were any public comments. There were numerous comments from residents living in the vicinity of the building, as follows: • The six bins being used are not sufficient to hold the garbage, contributing to overflow • The revised plans indicate the receptacle as being even closer to the property line than the original location • The revised plan is based on illegal dumping and the concrete enclosure needs to be relocated to another area • Even if the structure was enlarged to encompass all the garbage, it would not make things better • Garbage is being thrown next to the houses bordering the building, creating a serious rat infestation and ruining the residents’ properties and quality of life. • The proposed enclosure will not eliminate the flies • The trees and weeds behind the current receptacles breed rats • The receptacles create a systemic problem that is affecting everyone • The neighbors have offered suggested alternatives but are being refused. Commissioner Thompson asked how long the receptable had been in the current location. Ms. Giuliano stated it had been there for more than 70 years and is the only building that has enclosures. The prior rat infestation was caused by other nearby apartment buildings, such as 300 Hayward Ave. and they have attempted to mitigate the issue. Commissioner Salmon asked where the proposed receptacle could go. Matthew Schwartz, Esq., applicant’s attorney, stated there is no other location where it could go and when building management met with the DPW, it was determined that the current location is the best one on the property. He also stated that they would approach the board of directors of the building to see if they would agree to any conditions of approval. 3 City of Mount Vernon Meeting Date Planning Board Meeting Minutes April 3, 2024 The Chair then stated that the Planning Board would table further discussion until the May 8 meeting so that the neighbors can meet with the DPW. Mr. Badaly stated that he would attempt to address the Planning Board and the neighbors’ concerns as best he can within the parameters of the existing application. The Chair stated that the intention is to have the applicant come back in May with a privacy fence and slats. The Chair then made a motion to adjourn the application until the May 8 meeting, seconded by Commissioner Thompson, and carried by a vote of 4-0. Continued Public Hearing 3.2 Case No. PB-22-1: 24 Locust Lane (Section 159.81, Block 2032, Lot 2) in the R1-7 Zoning 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 March 21, 2024, a sign was posted at the site giving notice of the Planning Board’s April 3, 2024, meeting. The Board also received photographs showing that the signposting n the property has been updated providing notice of today’s meeting. The Applicant is the Bronxville Field Club being represented by Edward D’Amore, Jr., AIA. The Applicant is requesting site plan approval from the Board for a proposed warming hut and deck. 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.” The application has been sent to the Fire Department, Police Department and the Water Bureau. It has also been sent to the Commissioner of DPW. The Police Department responded with no objections. DPW responded and requested further information regarding a stormwater pollution plan, soil erosion and sediment control plans, and hydraulic calculations. A hydraulic study was conducted by the City Engineer and outside consultants regarding the existing drainage and stormwater retention systems on and near the site. Ms. Kathy Zalantis, attorney for 24 Locust Lane/Bronxville Field Club, stated that this application was suspended in May 2023 and that this is an amended application for the warming hut only. While the warming hut has been reduced in size, its height has been increased. She also stated that many falsehoods and much misinformation has been spread about the Club’s intentions and she hopes the Planning Board will approve the warming hut 4 City of Mount Vernon Meeting Date Planning Board Meeting Minutes April 3, 2024 and generate a draft resolution for the May meeting. Commissioner Thompson noted that the Planning Board had requested a hydraulic study from the City Engineer at the March meeting. Planning & Community Development staff said that they did not have any information from the City Engineer at this time. Mr. D’Amore, the architect for 24 Locust Lane, noted that the drywells proposed were adequate, per Item #5 from Redline Review LLC, the outside consultant retained by the Building Department. The Chair then asked if there were any public comments. There were numerous public comments from residents who live near the Bronxville Field Club, as follows: • DeBruin, BFC’s engineer, omitted its connection to the storm sewer • The type of material used for the tennis courts does not matter as they are still impervious surfaces • Flooding is still a big issue, neighbor homes are under water when it rains • Photos of the property adjacent to the Club show that the areas behind the tennis courts and paddle courts are mired in flood water; any additions will reduce open spaces and create more flooding • In 2015, seven conditions were set by the Planning Board for the Club, including one that stated that the perimeter fence would be cleared of any overflow prior to the issuance of a Certificate of Occupancy. This has not been carried out, yet the application includes it as though it has. • The Club has overstepped its bounds in terms of setting the tone of what they are allowed to do • The current configuration is an 8-acre watershed, and that flooding has increased since 2012 due to additions to the Club • The 15-inch storm drain is undersized and not equipped to deal with 8 acres of impervious surface • The best solution to the stormwater problem would be to install a new drainage system before any further expansion is considered • The Club is promoting a serious safety/health issue, noting that Chapter 226 of the City Code deals with stormwater damage and that laws need to be followed. • This is an unnecessary expansion and the plans for the new warming hut show that it will be much larger than that of a country club • Propane tanks on site can cause havoc • The paddle courts are used at night and often involve noise • The warming hut will be in a parking lot, further reducing the amount of on-site parking spaces for members • The Planning Board does not have the authority to approve a site plan application that is a public nuisance under the City’s law. 5 City of Mount Vernon Meeting Date Planning Board Meeting Minutes April 3, 2024 The Chair then made a motion to go into Executive Session to confer with counsel. Land Use Counsel explained that under Section 105 of the Open Meeting Law, the purpose of the executive session is to discuss proposed, pending, or current litigation. The Chair then made a motion to return to the public hearing, seconded by Commissioner Njenga, and carried by a vote of 4-0. Mr. Robert de Bruin, the engineer for the Club, responded to the allegations regarding the “illegal” connection, stating that the pipe has been in place since 1928 and that the water has always flowed and that the problem needs to be looked at correctly. He also noted that Arcadis saw roots growing through the joints of the pipe and stated that the City knows of this problem but doesn’t want to fix it. There was discussion regarding prior plans from 2012 that the Building Department did not have or could not find. Land Use Counsel asked why the applicant could not produce the missing stamped plans. Ms. Zalantis indicated that the plans were lost on their engineer’s computer, the stamped plans are not in their files, and they have produced what they collectively have in their files. Mr. D’Amore stated that the original plans from 2012 can’t be found but the current plans are an amended copy of the 2012 plans that carried a Certificate of Completion. The Chair stated that he wants to make sure the illicit connection was accurate. The Chair then made a motion to adjourn the application to the May 8 meeting so they can receive the City Engineer’s report, seconded by Commissioner Thompson, and carried by a vote of 4-0. New Public Hearing 3.3 Case No. PB-23-16: 127 South Terrace Avenue (Section 164.84, Block 1061, Lot 17) in the I: Industrial District Regarding public notice, the Board received: An Affidavit of Mailing stating that on March 21, 2024 notice was mailed to property owners within a 250-foot radius of the site; An Affidavit of Sign Posting stating that on March 12, 2024 a sign was posted at the site giving notice of the Planning Board’s April 3, 2024 meeting. The Board also received photographs showing that the sign posting on the property provided notice of today’s meeting. 6 City of Mount Vernon Meeting Date Planning Board Meeting Minutes April 3, 2024 Proof of publication was submitted showing that notice was published in the Journal News on March 17, 2024, and on March 19, 2024. The owner is John Ruggiero and is represented by Shahin Badaly, P.E. The applicant is requesting a site plan approval to convert an existing 2-story commercial building into a cannabis dispensary. As a part of the conversion, the building would undergo interior alterations including the removal and addition of non-load bearing partitions, new flooring throughout and new doors throughout. The existing asphalt parking area at the front of the building is also proposed to be repaved. The subject property is 9,450 square feet, is located on South Terrace Avenue between South Street and Grove Street, near South MacQuesten Parkway, and is located in the I – Industrial Zone. SEQRA Determination– The proposed action formerly required a use variance and as such it was classified as an Unlisted action under SEQRA. The Zoning Board of Appeals declared Lead Agency on the application at its September 19, 2023 meeting. Pursuant to the City Council’s letter to the Zoning Board dated October 24, 2023, at its November 20, 2023 meeting, the Zoning Board referred the application to the City Council for a zoning text amendment. On January 24, 2024, the City Council adopted a Negative Declaration regarding its Uncoordinated review of the Unlisted action and enacted Local Law No. 1-2024 (A Local Law to Amend Chapter 267 (Zoning) of the Code of the City of Mount Vernon to Regulate Cannabis Retail Dispensaries and Consumption Sites). In light of the Code revision, for Planning Board purposes, the proposed action is a “Type II” action under SEQRA based on 6 NYCRR 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 of this Part;” therefore ending the SEQRA process. Mr. Shahin Badaly, P.E. explained that the dispensary is on a wide, one-way street that does not have a lot of foot traffic. He explained that it meets the restriction related to houses of worship since the church at 115 S. Macquesten Parkway is not a legal church and does not have a Certificate of Tenancy, a Certificate of Occupancy or a building permit. Mr. Badaly stated that there are 10 parking spots on site. The current hours of operation are 9:00 AM to 9:00 PM daily; they can operate at a minimum of 70 hours per week, but no more than 84. He noted that there has not been a situation when there were too many customers in the area, but if that were to happen, they would provide a queue around the building. The Chair then asked about a security system and retention time. Mr. Badaly said the cameras are already installed and have a 60-day retention time. There are always two security guards on site, with one at the door to check IDs. The Chair asked about the CAURD requirements. 7 City of Mount Vernon Meeting Date Planning Board Meeting Minutes April 3, 2024 Mr. Badaly said that the NYS Office of Cannabis Management (OCM) states that it is a fully licensed dispensary. He also said that if the Planning Board grants approval for the dispensary, it will be granted a final Certificate of Occupancy; it currently holds a temporary CO. Land Use Counsel asked Mr. Badaly to confirm the square footage of the workplace area. Mr. Badaly confirmed that the sales area is 1,527 ft. Land Use Counsel also asked Mr. Badaly to explain the applicant’s parking calculations. Mr. Badaly said that in the conversion of the existing building, parking was provided for the areas that received a change of use, which requires one space for every 200 sq. ft. of sales area. Therefore, seven parking spaces were necessary for the dispensary. Commissioner Thompson asked about the use of the second one-story building. Mr. Badaly stated that it will be used to store delivery vehicles. He also noted that because the sales area is less than 5,000 sq. ft., they are not required to have a loading dock. Mr. John Ruggiero, owner of the dispensary, emphasized that his employees are local to the area. Commissioner Thompson asked if the cannabis was consumed on the property. Mr. Ruggiero said no, that the facility is a dispensary only with no consumption on the premises. The Chair asked if there were any public comments. Ms. Karen Scacchi asked how the applicant was able to do a gut renovation without any approvals, and expressed concern about setting a precedent to others who would be allowed to skirt the process. She also said that she and others were unaware of the proposed renovations and wanted to know how this happened. The Chair stated that he wanted to ensure that the dispensary adhered to the 70-hour schedule of 9 AM to 9 PM. Land Use Counsel inquired about the location and height of the materials, walls and fences. Mr. Badaly said that there is an existing fence but nothing new is proposed. He said that they intend to maintain the existing stormwater system and noted that the drainage is in the middle of the lot. Land Use Counsel then inquired about exterior lighting, noise level and potential access to sunlight for potential solar panels. 8 City of Mount Vernon Meeting Date Planning Board Meeting Minutes April 3, 2024 Mr. Badaly stated that the exterior lighting points toward the property itself and that the site is bound by property line walls so light cannot shine on the side lines. Regarding noise, it was indicated that noise would be minimal and not expected to be heard outside of the building. Also, since the roof is flat, it could possibly accommodate solar panels in the future. The Chair then made a motion to close the public hearing, seconded by Commissioner Salmon, and carried by a vote of 4-0. Land Use Counsel requested that Mr. Badaly provide a narrative about the church on 115 S. MacQuesten Parkway, including how they know the church is moving out and when. The Chair then made a motion that PCD staff and counsel draft a resolution including the conditions that were discussed at the public hearing, seconded by Commissioner Thompson, and carried by a vote of 4-0. ITEM #4 ADMINISTRATIVE ITEM In accordance with Article XXII(A) of the Planning Board Rules of Procedure, “these rules of procedure may be amended from time to time by an affirmative vote of a majority of the entire membership of the Board.” 4.1 Proposed Amendment to Planning Board Rules of Procedure – Videoconferencing; Member and Public Remote Participation Pursuant to NYS Open Meetings Law § 103-a (Videoconferencing by public bodies), the Planning Board will review and discuss proposed procedures governing member and public remote participation at Planning Board meetings and public hearings. This proposed amendment was adjourned to the May 8 meeting. 4.2 Case No. PB-23-19: 77 South Street (Section 164.84, Block 3003, Lots 5, 7 & 25), in the Neighborhood Business District – SEQRA Review Pursuant to Art. XVI(F) of the Planning Board Rules of Procedure, “Under Article 8 of the New York State Environmental Conservation Law and its implementing regulations found in 6 NYCRR 617, the Board cannot take any action to approve or deny an application until the Board has complied with the provisions of SEQRA”. Accordingly, the Planning Board will consider this application as an Uncoordinated review of an Unlisted action and make its determination of significance under SEQRA. The public hearing regarding this application was closed at the Planning Board’s March 6, 2024 meeting. This item is on the agenda to handle administrative matters only. Due to a misunderstanding regarding the square footage of the property, a SEQRA review was 9 City of Mount Vernon Meeting Date Planning Board Meeting Minutes April 3, 2024 not previously conducted. Therefore, the Planning Board proceeded to complete Part 2 of the Environment Assessment Form. Upon completion of Part 2, Land Use Counsel stated that the Planning Board could adopt a Negative Declaration or a Conditioned Negative Declaration that will incorporate all the conditions of approval. Commissioner Thompson made motion to adopt a Conditioned Negative Declaration, seconded by Chair Selsey, and carried by a vote of 4-0. Land Use Counsel then reviewed the conditions of approval, as follows: 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 reduce the curb cuts on South Street and West 1st Street to match the widths of the corresponding rolling gates. 3. Applicant shall obtain City Council approval for all curb cuts exceeding 12 linear feet, pursuant to Mount Vernon City Code § 227-13. 4. Applicant shall revise site plans to show Class ABC fire extinguishers mounted near the entrances (not Class BC). 5. 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. 6. Landscaping shall use arborvitae within the site. 7. 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. 8. 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. In the event there is a change in ownership of 36 Cortlandt Street, the new owner(s) shall be subject to the easement, provided the food truck establishment is still operating on site. Alternatively, Applicant has the option to apply for and have a water main or water service lines installed to service the site. In the event Applicant obtains such independent water service, the easement will be deemed extinguished. 9. Per comments from the Board of Water Supply dated April 2, 2024, a backflow and/or double check valve shall be required on 36 Cortlandt Street, the property providing water for the site. 10. Applicant shall comply with the City’s noise ordinance, pursuant to Ch. 178 of the Mount Vernon City Code. 11. Hours of operation shall be Sunday-Thursday 5am – 11pm; Friday & Saturday 5am – 12am. 10 City of Mount Vernon Meeting Date Planning Board Meeting Minutes April 3, 2024 12. All food trucks shall have a K fire extinguisher and an ABC fire extinguisher readily available as well as a full suppression system operable inside the truck above the cooking area. All food trucks must pass inspection by the Mount Vernon Fire Department and shall submit written proof of fire inspection to the Planning Board, Planning Department and Building Department for the file prior to issuance of a Certificate of Occupancy. 13. Fully functioning 5lb ABC fire extinguishers shall be mounted near the front gate entrance and side gate entrance during all hours of operation. 14. Per Fire Department comments dated January 4, 2024, the following outstanding violations shall be closed out prior to issuance of a Certificate of Occupancy: MuniCity #: 499159 (8/12/2021); 412864 (8/13/2021); 498945 (8/20/2021); and 462859 (9/11/2000). 15. Per Fire Department comments dated January 4, 2024, there shall be a 15 to 20 foot space between food trucks, and generators shall be located separate and away from buildings in the area. 16. At least one ANSI & OSHA compliant restaurant first aid kit shall be maintained at a readily available location on site during all hours of operation, for use by food service workers and the public. An automated external defibrillator (AED) shall also be installed on site. At least one food truck staff member shall be trained and maintain current First Aid/CPR/AED certification. Site plans shall show the location of the AED and first aid kits. 17. 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 of the above conditions shall be complied with prior to the issuance of a Certificate of Occupancy. The Chair then made a motion to approve the resolution with Land Use Counsel’s changes, seconded by Commissioner Thompson, and carried by a vote of 4-0. 4.3 Case No. PB-23-13: 58 Gramatan Avenue (Section 165.62, Block 1118, Lot 11) in the NB: Neighborhood Business District The Planning Board will review the draft resolution prepared by Staff. The public hearing regarding this application was closed at the Planning Board’s March 6, 2024 meeting. This item is on the agenda to handle administrative matters only. Mr. Jeffrey Hinds, the operator of Luxe V Events, stated that the report he received from Public Safety recommending denial of a special use permit was inaccurate. He said several incidents were listed but said that there were no incidents. He did receive a ticket for tinted windows, but when he went to court, the ticket was dismissed because tinted windows are allowed for private event facilities. The Chair then made a motion to reopen the public hearing, seconded by Commissioner Thompson, and carried by a vote of 4-0. 11 City of Mount Vernon Meeting Date Planning Board Meeting Minutes April 3, 2024 Land Use Counsel then reviewed the conditions of approval, as follows: • Applicant shall use the venue for private events with invited guests only • Hours of operation shall be 9:00 am to 2:00 am • Applicant shall install security cameras outside the venue with a 60-day retention period. The Chair stated that he wasn’t comfortable allowing the venue to close at 4:00 AM due to a long history of problems with other establishments on Gramatan Ave. Mr. Hinds said that the original closing time was 2:00 AM and would be willing to change the hours to 9:00 AM to 2:00 AM. Land Use Counsel then suggested leaving the public hearing open should other members of the public wish to comment, and that noticing would be required. The application was then adjourned to the May 8 meeting. 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 11:23 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 12