Planning Board

City of Mount Vernon Meeting Date Planning Board Meeting Minutes May 8, 2024 MEETING MINUTES PLANNING BOARD REGULAR MEETING For May 8, 2024 A regular meeting of the City Planning Board was held on Wednesday, May 8, 2024, at 6:30 PM in the Memorial Room 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, Mr. Charles Whites, 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 April 3, 2024. There being no further changes, Commissioner Salmon made a motion to approve the minutes for April 3, 2024, seconded by Commissioner Thompson, and carried by a vote of 4-0. 1 City of Mount Vernon Meeting Date Planning Board Meeting Minutes May 8, 2024 ITEM #3 PUBLIC HEARINGS Continued Public Hearing 3.1 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 April 15, 2024, a sign was posted at the site giving notice of the Planning Board’s May 8, 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 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 the Bronxville Field Club, advised that revised plans have been submitted and reiterated that the application before the Planning Board is for the warming hut only and they are not applying for the fourth proposed paddle court. She said that no additional parking is being proposed. She noted that they had received the City Engineer’s emails and responded to them as well as to comments made by RedLine Review LLC. She continued to say that any further concerns could be addressed as conditions of approval for the application. She further noted that the Zoning Board confirmed that an area variance was still required but only for the fourth paddle court and that this application should be allowed to move forward. The Chair then asked if Robert de Bruin, the BFC’s engineer, could comment on the May 4 memo submitted by RedLine Review LLC. Mr. de Bruin indicated that he responded to Redline Review LLC by letter today, then proceeded to read said response into the record. 2 City of Mount Vernon Meeting Date Planning Board Meeting Minutes May 8, 2024 The Chair then asked if there were any public comments. Mr. Gabriel Thompson, who resides on Raynor Ave., said that flow meters have been installed in the neighborhood, but that we only have a preliminary memo, not a full report, from Arcadis, a third-party consultant working with the DPW regarding this matter. He indicated that Arcadis is still investigating and has not excluded the Club as a cause of flooding. He expressed concern that BFC would connect to an existing pipe, shove large volumes of water through that pipe, then claim the problem is that the pipe is undersized. He also indicated that the warming hut is proposed to be built where a stream appeared on a map in the 1990s. He claimed it is a violation of environmental law to say there are no waterbodies on the property when they have been covered by buildings and structures. Mr. Michael Templeton, who resides on Central Parkway, thanked the Planning Board for its patience and attentiveness to the neighbors’ concerns. He also expressed concern that the neighbors have not been privy and have not had the opportunity to review and respond to recent documents submitted by the City Engineer, Ms. Zalantis on behalf of the BFC, RedLine Review LLC and Mr. de Bruin. He stated that the residents’ rights are as equally important as the Club’s. Mr. Joseph Pisano, a resident and retired engineer, suggested that the BFC should distribute parking stickers for members’ cars and said that the BFC has done nothing to resolve the flooding issues or resolve the neighborhood’s concerns. Land Use Counsel then asked Mr. de Bruin to address Redline’s comment regarding the size of pipe NYS DEC requires or recommends and whether a different diameter pipe would yield different results. Mr. de Bruin stated that based on the methodology used, the results would be the same. Commissioner Whites asked if the parking was up to code regarding this application specifically. Ms. Zalantis said that no additional parking is being proposed and that the BFC would continue to recommend to its members not to park on Locust Lane. The Chair then noted that the current situation with cars entering and exiting the Club is hazardous. There was discussion about recommending that the BFC members use valet parking and that “Do Not Park” signs should be used when events are planned. The Chair said he didn’t know if using valet parking really works and that it is now a safety issue. He recommended that the BFC come up with a plan better than the one they have now. Ms. Zalantis said that the only way to ensure safety is for the City Council to designate Locust Lane as a “no parking” area. 3 City of Mount Vernon Meeting Date Planning Board Meeting Minutes May 8, 2024 Mr. Thompson then stated that 20 parking spaces will be removed in the overflow parking lot. Ms. Zalantis countered that parking spaces will NOT be eliminated. Mr. Ted D’Amore, the architect for the BFC, said that building the warming hut would not reduce any parking spaces. Commissioner Whites indicated that cars consistently park on Locust Lane because the BFC’s parking is inadequate. Therefore, additional parking must be provided or BFC should consider alternatives methods to alleviate the parking issue. Mr. Joseph Pisano suggested controlling Club members by suspending their membership for parking on the street instead of on Club premises. Ms. Barbara Patrino, another resident, asked how much the Club’s membership has increased over time, and suggested that perhaps the membership has exceeded the Club’s capacity, which seems to be driving all these issues. Commissioner Whites asked that Ms. Zalantis respond to Ms. Patrino’s statement. Ms. Zalantis said the BFC membership is fixed. Ms. Lori Sahagian, manager of the BFC, stated that family memberships are the most active and were capped at 357 in 1970 and that there are also non-resident members as well as those with long-term memberships. The Chair indicated that a family could have 1 kid or 6 kids. Ms. Sahagian said that is correct. Commissioner Whites stated that if a family comprises of 3 people, Family membership alone would be in excess of 1,000 people. Ms. Donna Wemple, a resident of Denman Place, stated that when the BFC rents out the facility for parties that many non-members attend and the increase in traffic is substantial. Mr. Templeton advised that there are 10 categories of membership and the BFC should provide a copy of its bylaws that describe the numbers, guest policies and waiting list to the Planning Board. Commissioner Thompson asked whether a member could bring 3 guests to play. Ms. Zalantis said that there are only a certain number of tennis courts available for use at any one time, so not everyone playing would come at once, but yes, a member could bring 3 guests. She also stated that the neighbors’ claims that the Club is causing the flooding are false. 4 City of Mount Vernon Meeting Date Planning Board Meeting Minutes May 8, 2024 The Chair asked Mr. D’Amore about the trees and whether any will be removed. Mr. D’Amore said that some trees will stay and some will be removed. Ms. Zalantis reminded everyone that the BFC agreed to remediate broken asphalt and replace it with gravel. The Chair then stated that the Planning Board would not close the public hearing, given the amount of information that needs to be reviewed. Land Use Counsel then asked if a landscape plan had been submitted. Ms. Zalantis stated it had been submitted and included a schedule of significant trees. The Chair requested that a full set of updated plans and the BFC’s bylaws and amendments be submitted to the Planning Board for review. He also requested that Planning Department staff obtain a copy of the Arcadis report pertaining to the flow meters from the DPW/City Engineer. The Chair then made a motion to adjourn the application to the June 5 meeting, seconded by Commissioner Salmon, 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. After discussion, the Planning Board declined to adopt the proposed Public Remote Participation procedures and keep current public participation as is. The Chair may set a time limit for speakers providing public comments, as needed. 4.2 Case No. PB-23-16: 127 South Terrace Avenue (Section 164.84, Block 1061, Lot 17) in the I: Industrial 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 April 3, 2024 meeting. This item is on the agenda to handle administrative matters only. 5 City of Mount Vernon Meeting Date Planning Board Meeting Minutes May 8, 2024 Based on public correspondence that he received, a motion was made by The Chair to reopen the public hearing, seconded by Commissioner Salmon, and approved by a vote of 4-0. The Chair then read a letter submitted by Mr. Shahin Badaly, P.E. on May 7, 2024, stating his withdrawal from this project as the architect/engineer. He also read another letter from Mr. Badaly explaining his reasons for withdrawing. Mr. Kevin Munene, of Badaly Engineering, appeared before the Board and explained that they were moving forward with the project. The Chair explained that the Board is not comfortable issuing a resolution at this time and wanted all concerns brought up in the letter to be addressed at the next Planning Board meeting. Commissioner Whites noted that there is now a credibility issue because the Applicant’s engineer has been advancing this application and then decided to withdraw from it. He requested that the veracity of all claims regarding this application be established. The Chair then made a motion to adjourn this application to the June 5 meeting, seconded by Commissioner Whites, and carried by a vote of 4-0. The Chair then made a motion to adjourn the meeting, seconded by Commissioner Salmon and carried by a vote of 4-0. The meeting was adjourned at 8:43 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 6