Planning Board

City of Mount Vernon Meeting Date Planning Board Meeting Minutes September 4, 2024 MEETING MINUTES PLANNING BOARD REGULAR MEETING For September 4, 2024 A regular meeting of the City Planning Board was held on Wednesday, September 4, 2024 10, 2024, at 6:30 PM in the Memorial Room 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. ITEM #1 ROLL CALL The Chair called the roll; in addition to Chairman Darryl Selsey, attending were the following Commissioners: Ms. Helene Njenga, Mr. Charles Whites, Mr. Frank Trolio, and Mr. Jamael Thompson. Commissioner Vivien Salmon attended via Zoom. Also attending were Lukas Herbert, Assistant 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. ITEM #2 APPROVAL OF MINUTES The Chair asked if the Commissioners had an opportunity to review the meeting minutes of July 10, 2024. There being no further changes, Commissioner Whites made a motion to 1 City of Mount Vernon Meeting Date Planning Board Meeting Minutes September 4, 2024 approve the minutes for July 10, seconded by Commissioner Njenga, and carried by a vote of 6-0. ITEM #3 PUBLIC HEARINGS Closed Public Hearing 4.1 Case No. PB-23-10: 55 Bradley Avenue (aka One Wartburg Place) – (Section 165.42, Block 2160, Lot 1) in the RMF-SC Zone 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 has also received an Affidavit of Sign Posting stating that on August 21, 2024, a sign was posted at the site giving notice of the Planning Board’s September 4, 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 provided a letter dated August 7, 2024 requesting a one-year extension of amended site plan approval. The Planning Board previously approved an amended site approval in a motion at its September 6, 2023 meeting. The amended site plan approval is for the Independent Living facility (IL) on the Wartburg campus. The Applicant is represented by their legal team, Cuddy & Feder, and design professionals, Perkins Eastman and McLaren Engineering Group. The Applicant previously received site plan approval from the Planning Board for an 8-story building with 210 senior units and 135 parking spaces at grade and in a parking structure on September 8, 2021. The Applicant then received a one-year extension of the existing site plan on August 3, 2022. The amended site plan that was approved was generally similar to the prior approved plan with the exception that the Applicant then proposed 225 units instead of 210 units (an increase of 15 units) and reduced the number of parking spaces from 135 to 84 spaces (a decrease of 51 spaces). SEQRA Determination – The Planning Board has considered this application for an extension of time as a Type II action pursuant to the State Environmental Quality Review Act (SEQRA), 6 NYCRR 617.5(26)(“routine or continuing agency administration and management”), thereby ending the SEQRA process. Ms. Alison Fausner explained that the reason for requesting the one-year time extension is to secure financing, and that there are no changes to the approved plans. She also provided a chronological overview of events that have occurred since the initial approval, which included applying for ARB approval in September 2023 and receiving said approval in November 2023; working to acquire different funding sources; and concurrently obtaining building permits to adaptively reuse one of the Wartburg’s buildings for affordable housing, in response to concerns raised by the Board during the initial approval process. 2 City of Mount Vernon Meeting Date Planning Board Meeting Minutes September 4, 2024 The Chair asked if financing can be secured within the one-year extension. Ms. Fausner said that The Wartburg was actively working towards it and just needed to tie up some loose ends. Commissioner Whites made a motion to approve the extension of time request, seconded by Commissioner Thompson, and carried by a vote of 6-0. The Chair then made a motion that a resolution approving the one-year extension be provided, seconded by Commissioner Thompson, and carried by a vote of 6-0. Closed Public Hearing 4.2 Case No. 12-2021: 219 West Third Street (Section 169.21, Block 3014, Lots 22 and 23) in the Commercial Business District – Request for a one-year extension of site plan and special permit approval 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 has also received an Affidavit of Sign Posting stating that on August 21, 2024 a sign was posted at the site giving notice of the Planning Board’s September 4, 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, Gyory Partners, is represented by Mr. Tom Abillama, architect. The Applicant provided a letter dated May 2, 2024 requesting a one-year extension of site plan and special permit approval. The Planning Board previously approved a prior extension of time request on the site plan and special permit by a motion at its February 1, 2023 meeting. The site plan and special permit approval was for the construction of a five-story self-storage building on a 21,074-sf property. The project proposed to include 5,000 sf of retail space on the ground floor and 53,760 sf of self-storage warehouse space on the 2nd through 5th floors. The proposal also included 16 at-grade parking spaces as well as an additional one-way travel lane that will provide access to a potential drive-thru window for the retail space. There have been no changes made to the previously approved site plan nor have any changes been made in the surrounding area which would affect the project. The applicant is seeking the one-year extension to obtain a building permit and financing for the project. SEQRA Determination – The Planning Board has considered this application for an extension of time as a Type II action pursuant to the State Environmental Quality Review Act (SEQRA), 3 City of Mount Vernon Meeting Date Planning Board Meeting Minutes September 4, 2024 6 NYCRR 617.5(26)(“routine or continuing agency administration and management”), thereby ending the SEQRA process. Mr. Tom Abillama stated that the application had been approved by the City Council in 2021 and by the Planning Board in 2023. Mr. Michael Gyory, the applicant, added that the only roadblock on this project has been the financing, which is why he is requesting an extension of time. The Chair asked if there were any changes to the plans. Mr. Gyory said no, the plans are the same and that he is hopeful financing will be completed within the year. The Chair stated that he hoped financing could be approved in the next 12 months. Commissioner Thompson asked if Mr. Gyory had secured any retail businesses. Mr. Gyory stated no, but it was hard to do so at this point. The Chair noted that the Board understands that financing was challenging during the COVID period when the application was initially approved. The Board also hopes that financing will be secured during this 12-month extension period so that the approved project will actually be built. The Chair then made a motion that a resolution approving the one-year extension be provided, seconded by Commissioner Njenga, and carried by a vote of 5-1. The vote was as follows: Yes/Aye No/Nay Abstain Absent Chair Darryl Selsey Vivien Salmon Jamael Thompson Helene Thompson-Njenga Frank Trolio Charles Whites Lesly Zamor Closed Public Hearing 4.3 Case No. PB-22-1: 24 Locust Lane (Section 159.81, Block 2032, Lot 2) in the R1-7 Zoning District. 4 City of Mount Vernon Meeting Date Planning Board Meeting Minutes September 4, 2024 The Planning Board voted to close the Public Hearing for this application at its July 10, 2024 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 outside consultants regarding the existing drainage and stormwater retention systems on and near the site. The Chair made a motion to go into Executive Session, seconded by Commissioner Thompson, and carried by a vote of 6-0. The Chair then made motion to come out of Executive Session, seconded by Commissioner Whites, and carried by a vote of 6-0. The Chair thanked everyone for their patience and time during the application review process. He stated that the public hearing was closed in July, and the Planning Board had reviewed all the materials and documents since that time, and now a decision would be made. The Chair then made a motion to decline the application for 24 Locust Lane/BFC with a written resolution to be sent to the applicant, second by Commissioner Thompson, and carried by a roll call vote of 5 ayes and 1 abstention. The Chair then asked the abstaining Commissioner why he did so. Commissioner Whites explained that a neighbor and member of the BFC had tried to lobby him to try to impact his vote, so he decided to abstain from voting. The vote was as follows: Yes/Aye No/Nay Abstain Absent Chair Darryl Selsey Vivien Salmon Jamael Thompson Helene Thompson-Njenga Frank Trolio Charles Whites Lesly Zamor 5 City of Mount Vernon Meeting Date Planning Board Meeting Minutes September 4, 2024 Continued Public Hearing 4.4 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 August 18, 2024, a sign was posted at the site giving notice of the Planning Board’s September 4, 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 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 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. 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(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. Kevin Munene, representing Shahin Badaly, reviewed the latest submissions including revised drawings indicating the second floor and storage space as well as the map showing the distance to the playground. He also stated that they are still waiting for the updated Plan Examiner report. The Chair inquired about the method used for determining the distance between the dispensary and the playground, and noted that the Code reads that “the distance shall be 6 City of Mount Vernon Meeting Date Planning Board Meeting Minutes September 4, 2024 measured in a straight line regardless of structures in between” but with the signage , it’s not clear if it’s measured in a straight line or along the walking path. Asst. Planning Commissioner Herbert noted that Elevate is within the 500 ft. radius, which triggers a variance requirement. However, the sign is not visible within that distance until you are in front of the building. The Chair agreed that variances from the Zoning Board will be required and asked if any confirmation was received from the church regarding its relocation. Mr. Munene said that they had not received any communication from the church. The Chair said that they did require the Plan Examiner report from the Building Dept. and a letter from the church as variances are needed from the ZBA, including parking, location of signage, and distance from church and playground. Asst. Planning Commissioner Herbert noted that parking ordinances for dispensaries are not uniform in the state and that they may all be using different calculations. He recommended that research be undertaken to find a comparable parking model. The Chair then requested that Land Use Counsel provide the applicant and his design professional with the requirements for the Zoning Board application. Land Use Counsel recommended that the Planning Board application be adjourned so that the application to the Zoning Board could go forward. The Chair then asked if there were any public comments; there were none. Commissioner Whites then made a motion to adjourn the application pending ZBA review of the variances, seconded by Commissioner Njenga, and carried by a vote of 6-0. Continued Public Hearing 4.5 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 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 August 21, 2024, a sign was posted at the site giving notice of the Planning Board’s September 4, 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 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 7 City of Mount Vernon Meeting Date Planning Board Meeting Minutes September 4, 2024 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 voted to declare Lead Agency for this application at the June 5, 2024 Planning Board meeting. There was discussion among the Planning Board members regarding the need for further information from the applicant, including an environmental impact study and full EAF Part 1. The Chair made a motion to adjourn the application to the October 1 meeting so that the requested documents could be submitted, seconded by Commissioner Whites, and carried by a vote of 6-0. ITEM #4 ADMINISTRATIVE ITEMS Short-term Rental Legislation The Planning Board asked the Planning Department to provide more clarity on what comments the City Clerk is looking for regarding this legislation. They also asked that the materials provided by the City Clerk be resent to them. October Meeting Date Due to Rosh Hashanah beginning on October 2, the same day as the next Planning Board meeting, the Board decided to hold the work session and meeting on Tuesday, October 1 instead. The Chair then made a motion to adjourn the meeting, seconded by Commissioner Whites, and carried by a vote of 6-0. The meeting was adjourned at 8:07 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 8 City of Mount Vernon Meeting Date Planning Board Meeting Minutes September 4, 2024 James Rausse, Planning Commissioner Marlon Molina, 2nd Deputy Planning Commissioner cc: Shawyn Patterson-Howard, Mayor Building Department Corporation Counsel City Clerk 9