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Planning Board

Regular Meeting

Mount Vernon, NY · June 5, 2024

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Minutes

City of Mount Vernon Meeting Date Planning Board Meeting Minutes June 5, 2024 MEETING MINUTES PLANNING BOARD REGULAR MEETING For June 5, 2024 A regular meeting of the City Planning Board was held on Wednesday, June 5, 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, Mr. Charles Whites, Mr. Jamael Thompson, and Mr. Frank Trolio (Commissioner Lesly Zamor arrived late via Zoom). Also attending were Maria Pace, Land Use Boards Secretary, Will Hyland, Senior Planner, U. Nkechi Nwachukwu, Land Use Counsel, and Deputy Commissioner Marlon Molina. 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 May 8, 2024. There being no further changes, Commissioner Whites made a motion to approve 1 City of Mount Vernon Meeting Date Planning Board Meeting Minutes June 5, 2024 the minutes for May 8, 2024, seconded by Commissioner Thompson, and carried by a vote of 6-0. 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. This application has been adjourned to the July 10, 2024 Planning Board meeting, at the request of the applicant. Continued Public Hearing 3.2 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 May 21, 2024, a sign was posted at the site giving notice of the Planning Board’s June 5, 2024, meeting. The Board also received photographs showing that the sign posting on the property was 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 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 V 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. Jeffrey Hinds, the proprietor of Luxe V Events, explained that he submitted a written narrative based on an original MVPD report he received at the April Planning Board meeting. Mr. Hinds also said he requested information from MVPD through a FOIL 2 City of Mount Vernon Meeting Date Planning Board Meeting Minutes June 5, 2024 request, and MVPD provided one incident report but claimed that other files were sealed. There was discussion regarding the hours of operation, with the Planning Board agreeing that they should be established as 9:00 am to 1:00 am. Commissioner Thompson then made a motion to close the public hearing, seconded by Commissioner Njenga, and carried by a vote of 6-0. Commissioner Whites then made a motion to approve the special use permit with hours of operation set at 9:00 am to 1:00 am, seconded by Commissioner Thompson, and carried by a vote of 6-0. New Public Hearing 3.3 Case No. PB-24-2: 55 Pondfield Parkway (Section 159.71, Block 2253, Lot 1) in the R1-7: Single Family Residence District. Regarding public notice, the Board has received: An Affidavit of Mailing stating that on May 24, 2024, notice was mailed to property owners within a 500-foot radius of the site; An Affidavit of Sign Posting stating that on May 20 a sign was posted at the site giving notice of the Planning Board’s June 5, 2024 meeting. The Board also received photographs showing that the sign posting on the property provided notice of today’s meeting. May 23, 2024, and on May 24, 2024. The owner is MAD Real Properties, LLC and is represented by John Iannacito, AIA. The applicant is requesting a Subdivision Approval to subdivide the existing 20,000-square foot lot into two parcels of 10,000 square feet each and demolish the existing residence. The applicant eventually plans to construct two new single-family residences on the newly divided lots (Parcel 1 and Parcel 2). The subject property is 20,000 square feet, is located on located on Pondfield Parkway off of Douglas Place and is located in the R1-7: Single Family Residence Zone. SEQRA- The proposed subdivision is an Unlisted Action under SEQRA. The Planning Board can establish itself as the Lead Agency for the environmental review of this two-lot subdivision. Mr. John Iannacito, the architect, represented the owner. He explained that the property is a 20,000 square ft lot that the owner wants to subdivide into two 10,000 square ft lots. He added that the current home on the property would be demolished and two new homes, one on each lot, would be built. The Chair noted concerns about the property buffering Hunts Woods Park and the potential 3 City of Mount Vernon Meeting Date Planning Board Meeting Minutes June 5, 2024 environmental impacts construction would have on the land. Mr. Iannacito responded that there were no environmental issues on the site itself. The Chair then said that the current sewer system is antiquated and expressed concern about whether it could handle two new large homes. Mr. Iannacito said that stormwater requirements and drywells would be addressed and that they would hire an engineer to have a professional study conducted. The Chair inquired whether it would be possible to keep the current house and just build one new house OR take down the current house and build one, new larger home. Mr. Iannacito said that the owner was open to ideas and could subdivide the property and keep the current home on a 7,500 sq ft lot and build a new home on the other 12,500 sq ft. Commissioner Whites asked if there were any plans to conduct an environmental impact study. Mr. Iannacito responded that he did not think a study was required, but if the Planning Board wanted one done, they would do it. He also noted that, in his opinion, the runoff from the site would be improved with the two new houses because there would be a stormwater management program in place which does not currently exist. Commissioner Whites then said he would advocate for an environmental study to be conducted before the Planning Board considered approval of the project. Commissioner Thompson noted that Commissioner Whites’ concerns were raised during the Planning Board work session, which were reiterated by Commissioner Njenga, including the possibility of blasting on the site. Mr. Iannacito said that there would be no blasting, only chipping of stone. The Chair then asked, in terms of demolishing the current home, if there was potential for lead, asbestos or other harmful substances to be encountered and would safety measures be put in place. Mr. Iannacito said that a review of the interior of the house and an asbestos study had been done, as required for a demolition permit. Commissioner Salmon asked if there was any historical significance regarding the property and why the owner chose to purchase it. Mr. Iannacito stated he didn’t have any historical background on the property and believed the owner purchased it because it was oversized and could be subdivided. The Chair then asked if there were any public comments. 4 City of Mount Vernon Meeting Date Planning Board Meeting Minutes June 5, 2024 A number of residents and neighbors came forward to state their concerns and comments, including, but not limited to: • The neighborhood is considered to be the most beautiful block in Mount Vernon with homes on large lots. Demolishing the house and building new homes on two smaller lots would significantly change the character of the neighborhood. • The community recommends that professional engineers be hired to provide geological and other assessments regarding the environment and water quality issues, as flooding has occurred in the past. • The owner should submit the long Environmental Assessment Form. • Comments should be solicited from the Fire Department, Polic Department, DPW, and the Tree Advisory Board. • The Architectural Review Board should review the plans and provide comments. • Residents in the area are familiar with the house and know what it takes to renovate it. • The nature of the community is multi-cultural. This is the first house built in the area and development of the property is not in the best interests of the city. • Because Hunts Woods Park is in such close proximity to the house, there is a concern that the ecological balance of trees and wildlife will be disturbed. • Would prefer that the house be preserved by renovating it. There is a concern that demolition of the home would lead to the same thing happening in other parts of the neighborhood. • The homes in the neighborhood are solidly built and unique. • While it is a buildable lot, just because you can develop the property doesn’t mean you should. • There are concerns about demolition, construction, blasting, noise, etc. • There has never been a subdivision in the community. Members of the public also submitted photos of foxes, owls and other wildlife commonly seen in the neigbhorhood. Mr. Emilio Matteo, the owner of the property, then came forward and explained that he has lived in Mount Vernon for 35 years and built his first home on Locust St., and subsequent homes on the south side. The homes were always built with an eye towards the character of the neighborhood. The impact of construction at 55 Pondfield Parkway will be minimized and stormwater runoff will be contained on the property. He also stated that while he is at the meeting for approval of a subdivision, he appreciates the neighbors’ input and has listened to their concerns. The Chair then said that the long-form EAF and environmental impact study are necessary to address issues regarding Hunts Woods and the nature preserve. The Chair also suggested again that Mr. Matteo keep the original house and build a new one on a smaller lot. Commissioner Zamor then asked Mr. Matteo what the maximum profit is that he hopes to get for the project. 5 City of Mount Vernon Meeting Date Planning Board Meeting Minutes June 5, 2024 Mr. Matteo responded that he couldn’t really say as he may want to live there. Commissioner Zamor stated that the Zillow estimate is very high, so he could make a profit and then seek out a living space in another neighborhood. He said that it is the Planning Board’s responsibility to act as fiduciaries of the neighborhood to protect its character. Mr. Matteo said that house had multiple offers, but he made a cash offer, which was accepted; he also said the bank would not finance it. He stated that the house is dilapidated and there are no working utilities, so the house is unlivable. Mr. Matteo also explained that regarding asbestos, there is none wrapped around the pipes. At the time the house was built, they used horsehair instead. The Chair asked Mr. Matteo about water and gas hook-ups. Mr. Matteo responded that water and gas will be on the property so the street will not be opened. Land Use Counsel asked if the residents who had picture boards would like to submit them as part of the public record. The Chair suggested that the neighbors take pictures and submit them to the Planning Department. Land Use Counsel advised that § 53-4(B) of the City Code allows the Planning Board to request comments from the ARB; since the Planning Board is the only land use board involved in this project, the ARB would otherwise have no opportunity to provide input. Commissioner Whites then made a motion to petition the ARB for their comments, seconded by Commissioner Salmon, and carried by a vote of 7-0. Mr. Iannacito asked if the owner, Mr. Matteo, would need to go to the ARB as part of the subdivision approval. Commissioner Whites then said that if the ARB responded with comments, it was incumbent upon Mr. Matteo to address those comments. The Chair stated, after hearing from the residents, that they want something that will blend in harmoniously with the neighborhood, but they can’t see that with the current plans. Land Use Counsel noted that as the only involved agency, the Planning Board can establish itself as lead agency for SEQRA purposes. Commissioner Whites made a motion to declare the Planning Board as lead agency, seconded by Commissioner Njenga, and carried by a vote of 7-0. 6 City of Mount Vernon Meeting Date Planning Board Meeting Minutes June 5, 2024 The Chair then made a motion to adjourn the application to the July 10 meeting, seconded by Commissioner Salmon, and carried by a vote of 7-0. The Chair then made a motion to adjourn the meeting, seconded by Commissioner Trolio, and carried by a vote of 7-0. The meeting was adjourned at 9:09 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 7

Agenda

City of Mount Vernon Meeting Date Planning Board Agenda June 5, 2024 PLANNING BOARD MEETING/HEARING JUNE 5, 2024 AGENDA A regular meeting of the City Planning Board will be held on Wednesday, June 5, 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 • 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. This applicant has been adjourned to the July 10 Planning Board meeting, at the request of the applicant, to allow them the time to get the materials required of them by the Board at the May Planning Board meeting. 1 City of Mount Vernon Meeting Date Planning Board Agenda June 5, 2024 Continued Public Hearing 3.2 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 May 21, 2024, a sign was posted at the site giving notice of the Planning Board’s June 5, 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 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 V 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.” New Public Hearing 3.3 Case No. PB-24-2: 55 Pondfield Parkway (Section 159.71, Block 2253, Lot 1) in the R1-7: Single Family Residence District. Regarding public notice, the Board has received: An Affidavit of Mailing stating that on May 24, 2024 notice was mailed to property owners within a 500-foot radius of the site; An Affidavit of Sign Posting stating that on May 20 a sign was posted at the site giving notice of the Planning Board’s June 5, 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 May 23, 2024, and on May 24, 2024. 2 City of Mount Vernon Meeting Date Planning Board Agenda June 5, 2024 The owner is MAD Real Properties, LLC and is represented by John Iannacito, AIA. The applicant is requesting a Subdivision Approval to subdivide the existing 20,000-square foot lot into two parcels of 10,000 square feet each and demolish the existing residence. The applicant eventually plans to construct two new single-family residences on the newly divided lots (Parcel 1 and Parcel 2). The subject property is 20,000 square feet, is located on located on Pondfield Parkway off of Douglas Place and is located in the R1-7: Single Family Residence Zone. SEQRA- The proposed subdivision is an Unlisted action under SEQRA. The Planning Board can establish itself as the Lead Agency for the environmental review of this two-lot subdivision. 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, July 9, 2024, at 6:30pm - Planning Board Work Session • Wednesday, July 10, 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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