Planning Board

City of Mount Vernon Meeting Date Planning Board Meeting Minutes July 10, 2024 MEETING MINUTES PLANNING BOARD REGULAR MEETING For July 10, 2024 A regular meeting of the City Planning Board was held on Wednesday, July 10, 2024, at 6:30 PM in the Mayor’s Conference Room on the first 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. Helene Njenga, Mr. Charles Whites, and Mr. Jamael Thompson. Attending after roll call were Commissioners Vivien Salmon (in person), Frank Trolio (via Zoom) and Lesly Zamor (via Zoom). Also attending were 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. 1 City of Mount Vernon Meeting Date Planning Board Meeting Minutes July 10, 2024 APPROVAL OF MINUTES The Chair asked if the Commissioners had an opportunity to review the meeting minutes of June 5, 2024. There being no further changes, Commissioner Whites made a motion to approve the minutes for June 5, seconded by Commissioner Njenga, and carried by a vote of 4-0. 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. 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 June 24, 2024, a sign was posted at the site giving notice of the Planning Board’s July 10, 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 Applicant is the Bronxville Field Club being represented by Edward D’Amore, Jr., AIA. The Applicant is requesting a 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 was 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’s outside consultants regarding the existing drainage and stormwater retention systems on and near the site. Ms. Kathy Zalantis, attorney for the Bronxville Field Club, along with Mr. Ted D’Amore, the architect, stated that the applicant has addressed all concerns brought up at the meetings, including revisions to site plans, additional parking spaces, landscape plan, BFC membership, etc. Ms. Zalantis noted that: the revised site plan now proposes 5 employee spaces and 2 valet spaces on the existing paved area, creating a net increase of 7 parking spaces; Sheet C-101 shows that all project runoff will be contained on site; applicant has submitted a landscape plan for where the 4th paddle tennis court was previously proposed. 2 City of Mount Vernon Meeting Date Planning Board Meeting Minutes July 10, 2024 Applicant also noted that all comments from the City’s consultant were addressed, except the consultant’s recommendation that a test be done to see if a different size pipe can yield a different result. The BFC’s engineer, Bob De Bruin, indicated that on July 8, 2023, he did a field test using the same methodology used in March, but used a 4” instead of 2” casing, which yielded higher permeability results. Commissioner Whites requested that applicant seek additional opportunities for on-site parking. The Chair asked whether the BFC offers reciprocity where Siwanoy and other membership clubs are allowed to use BFC facilities. Ms. Lori Sahagian, general manager of the BFC, indicated that there was reciprocity among the clubs. The Chair then asked about events and parties at the BFC and if the privilege is restricted to members only or if member guests are permitted. Ms. Sahagian responded that 80% of events are member events and 20% are member- sponsored guest events. There was some discussion regarding the sewer connections. Ms. Zalantis cited Chapter 154 of the City Code and stated that the connection in question is not illicit or unauthorized, has existed since the 1930s, and is shown on the City’s official map. Mr. D’Amore explained that, in 2012, water and debris flowed into low areas of the BFC site and then into the City’s water system. The 2012 work designed by engineer De Bruin was meant to capture water, let it settle out, and only allow water, not sediment, into the pipe. Mr. De Bruin indicated that the 2012 work was not a water quality project, just a connection. Ms. Zalantis explained that the last expansion project was in 2015; prior to that year, there were improvements but no expansions. Flooding can be offset by using larger pipes. She stated that the retained engineer and Arcadis, the engineering consultant hired by the DPW, agree regarding the off-site issue and that it should not impede the approval of the warming hut in the site plan application. Land Use Counsel referred to applicant’s submission indicating a decrease in BFC membership from 1988 to present and asked why 1988 was selected as the start date. Ms. Zalantis stated that those were the earliest membership records they had. Land Use Counsel asked whether membership had steadily declined since 1988, or if there have been increases and decreases in membership since then. Ms. Zalantis stated that they did not look at every year, just reported a general trend. 3 City of Mount Vernon Meeting Date Planning Board Meeting Minutes July 10, 2024 The Chair then asked if there were any more public comments. Mr. Gabriel Thompson stated that flooding started almost a decade ago, not within the last couple of years. He stated that an early map and other sources indicated a lake or stream on BFC property and water from that source was tied into the sewer system. He also stated that if sewers are grandfathered, they can’t be regulated or controlled, and connection approvals must come from the City Engineer, not the Buildings Department. He also said many of the written objections in the 2001 “bubble” case were stormwater related. Regarding membership, he said the issue is not the number of memberships, but how many people members bring onto the property. Ms. Zalantis rebutted by indicating a stream may have been shown on neighboring property, but not on BFC property. There has been no pond or stream on BFC property since the 1930s. Mr. Michael Templeton submitted a copy of Chapter 154 of the City Code for the record and indicated that enforcement is mandatory, not optional. He also mentioned that a recent consent decree signed by the Mayor requires the City to enforce matters involving the municipal storm sewer system. He stated that a letter of completion does not constitute an authorized connection, and the violation constitutes a public nuisance as a matter of law and a threat to public safety. Regarding BFC membership, he said the real issue is how many individuals are included in the membership. For example, under a family membership, one family could have several members with multiple family members arriving at the club in separate cars since legal driving age is 16 and a child for BFC purposes is defined as age 25 and under. He also submitted documentation for the record noting that in 2002 the BFC claimed over 200 employees on its taxes. Regarding site plan approval, he cited § 267-39 of the Zoning Code, indicated that the BFC’s parking is woefully deficient and submitted the zoning code schedule of parking requirements for the record. He also submitted for the record an article regarding the BFC’s expansion over the years and photos of cars parked on Central Parkway. He felt that the proposed warming hut was not intended as an accessory to the paddle court but would be used as an event space. Ms. Donna Wemple followed up Mr. Templeton’s comments by stating that she was once a member of the BFC but has since resigned and that the BFC is not a good neighbor. There is constant noise from the landscapers, garbage pick-up, late parties, amplified music, sounds from the pickleball court, and yelling and cursing until 10 pm at night. One time, the BFC placed a speaker on the tennis courts approximately 50 feet from neighbors’ houses and turned up the volume during tennis. She noted that there was a violation during the summer of 2023 from the DPW regarding Har-Tru being washed into the storm sewers and commented that the application should not have come before the Planning Board. Commissioner Whites asked Ms. Wemple what the tipping point was for her to resign her membership. Ms. Wemple replied that it was a difficult decision but cited the issues that many of the neighbors pointed out. Her home is one of the primary residences impeded upon and noted that many of the BFC’s members are not aware of the issues with the neighbors. 4 City of Mount Vernon Meeting Date Planning Board Meeting Minutes July 10, 2024 Ms. Carol Armagasso provided a picture board depicting the debris that has entered her yard and nearby gutters as a result of the BFCs plants, trees, dried flowers and operations. She also noted that bushes along the tennis courts were removed in June and replaced with hydrangea plants, but there was no regard to the perimeter. She felt that the BFC neglects the surrounding neighborhood in pursuit of its own needs. Mr. Joseph Pisano expressed shock that the application is still being discussed over multiple meetings, and that his house was flooded during Hurricane Ida. Now, neighbors coordinate their vacations to see who will be available to pump water out of basements should flooding occur. He also stated that the neighbors never received the final report from Arcadis regarding the drainage issue. The Chair asked Ms. Zalantis what the maximum occupancy of the main club building is. Ms. Sahagian stated that the main room and two assembly rooms can accommodate 225 people, and the downstairs rooms approximately 130 people. Total occupancy would be just shy of 500 people but a seated event would accommodate less than that. The Chair asked again about the parking issue. Ms. Sahagian stated they have managed parking issues in the past, including asking members to use alternate means of transportation and arranging to use the parking lot of a nearby synagogue. Ms. Zalantis again restated that parking at the Club is sufficient. The Chair replied that he felt parking was insufficient and suggested that potential alternative parking solutions be considered, such as shared parking and shuttle buses. Ms. Zalantis cited the memo and letter from World Class Parking, which provides valet parking services to the BFC. Both documents outline how many parking spaces are utilized and where, as well as when the busy periods occur. She also reminded the Board that three additional parking spaces are proposed as a component of the warming hut application and that other issues are not relevant. Mr. Thompson stated that there is ample evidence at this point that the BFC is not meeting minimum parking requirements and that they are parking in illegal areas. Ms. Zalantis stated for the record regarding City Code 154: Illicit Discharges that there cannot be unauthorized sewer connections. She maintained that BFC membership is fixed and that it has always been restricted to the feasible capacity of the Club. Mr. Robert de Bruin, the engineer for the BFC, stated that he provided an incorrect statistic in his memo from February 2023, which was corrected, advising that larger pipes were needed. He met with the city engineer and recommended that a 3rd-party engineer be hired. The city then hired Arcadis, who completed a preliminary study stating that the infrastructure is undersized. 5 City of Mount Vernon Meeting Date Planning Board Meeting Minutes July 10, 2024 Mr. Pisano and Mr. Thompson both stated that they have yet to see the final Arcadis study. Mr. Thompson pointed out that was most likely since the flow meters were only installed a few weeks ago. Commissioner Whites then made a motion to close the open hearing, seconded by Commissioner Njenga, and carried by a vote of 6-0. The Chair then made an amendment to the motion adding a 14-day period to submit written comments, seconded by Commissioner Salmon, and carried by a vote of 6-0. The Chair then stated that the Planning Board will diligently review all the information provided at the meetings prior to the next Planning Board meeting on September 4, 2024. Continued Public Hearing 3.2 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 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 June 5, 2024, a sign was posted at the site giving notice of the Planning Board’s July 10, 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 John Ruggiero, 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 replaced. 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. At its November 20, 2023 meeting, the Zoning Board referred the application to the City Council for a zoning text Amendment, per the Council President’s letter request dated October 24, 2023. 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 6 City of Mount Vernon Meeting Date Planning Board Meeting Minutes July 10, 2024 purposes, the proposed action is a “Type II” action under SEQRA based on 6 NYCRR(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. John Ruggiero, the owner, and Mr. Shahin Badaly, were present at the meeting. The Chair asked Mr. Badaly to address all the deficiencies listed in his original withdrawal letter. Mr. Badaly stated that new plans have been submitted addressing the concerns and clarified that the proposed use of the accessory building and second floor of the main building will be for storage. He also stated that the proposed 10 parking spaces will be adequate. Commissioner Thompson asked why the office space on the second floor of the main building is being converted to storage space. Mr. Badaly stated that the space needs to be designated as storage to be zoning compliant. He also stated that the building has a full sprinkler system that has been inspected by the Mount Vernon Fire Department. Commissioner Thompson then asked Mr. Ruggiero how long the dispensary has been in operation. Mr. Ruggiero stated six months. The Chair cited an email received from Mr. Vincent Ferrandino and asked Mr. Badaly to address his comments. Mr. Badaly responded as follows: • The parking is adequate. Converting the second-floor space to storage would make the site plan parking-compliant. The 20’9” backup aisle is sufficient for the site. Due to the site’s constraints, a compliant backup aisle would mean less parking. The turn- around is adequate as well, based on real time data. • Distance from the church: the church is operating illegally and has no Certificate of Occupancy or Certificate of Tenancy; therefore, they do not need to meet distance requirements. In addition, his understanding is that the church building is being demolished in October. • Distance from Grove Street playground: the City’s cannabis code mentions playgrounds only as it relates to signage. Since the code has no definition of the distance limitation and how it should be measured, it should be done in the same fashion of the OCM, the distance requirement should be from door-to-door, and distance along the streets—not in a straight line—does exceed 500 feet, so we believe we are in compliance regarding signage. Regarding other uses, we submitted a map to the Buildings Department displaying that we were in excess of the distance 7 City of Mount Vernon Meeting Date Planning Board Meeting Minutes July 10, 2024 requirements for places of worship and other stated uses. • His understanding is that signage is not the purview of the Planning Board, but the ARB. • NYS Fire Code and Safety Provisions: The building currently has a full sprinkler system and was inspected by the Fire Department, but an application needs to be filed to rectify what the Building Department has on record. Commissioner Thompson indicated that the turnaround may not seem much of an issue now but could become a problem with increased traffic. Mr. Badaly said that it can’t really be remedied given the constraints of the site. He said that the backup aisle might not be feasible for trucks of a certain size, but the site is very open with a lot of visibility and a 2-point turn may be necessary to exit the lot. Commissioner Salmon asked for clarification of the approval process for the application and if the Planning Board is approving the proposed parking or the entire building inclusive of parking. The Chair explained that the Board must determine whether the application is sufficient, whether the Board feels comfortable with the proposed parking, and whether any variance would be required. The Chair also noted that the Planning Board’s purview regarding signage is not to approve the signage, but to determine whether signage falls within the 500-foot radius. The Chair then asked for clarification regarding applicant’s calculations that signage falls within the 500-foot limitation. Mr. Badaly said he can supplement the presentation with a map that explains that. Commissioner Thompson asked if the business is still open. Mr. Ruggiero stated yes as he received a temporary CO in February 2024. The Chair stated that the business hours on the Elevate website are incorrect and wants them amended by the next Planning Board meeting. He also requested the following: • Clarity regarding hours of operation. • Map outlining distance of the sign to the playground. • Letter rebutting all comments made in Mr. Ferrandino’s July 10 email. • Documentation from the church regarding date of its relocation and statement from them that they do not have a issue with the dispensary’s location and operation. • Revised Plan Examiner report or other acknowledgement confirming proper parking calculations. Land Use Counsel requested that Mr. Badaly confirm the 500-ft playground requirement and asked to see submitted documentation regarding the scheduled parking and zoning requests, as well as a revised Plan Examiner report recognizing the storage area. 8 City of Mount Vernon Meeting Date Planning Board Meeting Minutes July 10, 2024 Mr. Badaly did express concern about whether he could get an updated Plan Examiner report by the September 4 Planning Board meeting. The Chair then made a motion to adjourn the application to the September 4 meeting, seconded by Commissioner Whites, and carried by a vote of 6-0. The Chair then made a motion to adjourn the meeting, seconded by Commissioner Thompson, and carried by a vote of 6-0. The meeting was adjourned at 9:21 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 9