Zoning Board of Appeals

City of Mount Vernon Meeting Date Zoning Board of Appeals Agenda April 19, 2022 Zoning Board of Appeals Department of Planning & Community Development City Hall - Roosevelt Square Mount Vernon, New York 10550-2060 (914) 699-7230 Shawyn Patterson-Howard Elvira Castillo Mayor Acting Chair ZONING BOARD OF APPEALS MEETING MINUTES for April 19, 2022 A regular meeting of the Zoning Board of Appeals was held at 6:30 PM on Tuesday, April 19, 2022, via ZOOM. Commissioner Shez Darden stated that the Acting Chair, Elvira Castillo, was not able to attend the Zoning Board Meeting. Commissioner Darden had been asked to act as the Acting Chair for this evening’s meeting. The Acting Chair, Shez Darden, read the notice for the Zoning Board of Appeals meeting for Tuesday, April 19, 2022. ROLL CALL The Acting Chair called the roll: In addition to Acting Chair Darden, attending were the following Commissioners: Mr. Solly and Mr. Cutler. Also attending were Marlon Molina, 2nd Deputy Commissioner, Maria Pace, ZBA Secretary, Nkechi Nwachukwu, Land Use Counsel and Bob Galvin, Planning Administrator. With a quorum present, the Chair opened the meeting at 6:30 pm. Item 2 - APPROVAL OF MINUTES The Chair asked if the Commissioners had an opportunity to review the draft minutes and if there were any questions or changes. There being none, the Chair asked for a motion to approve the minutes of the March 15, 2022, regular meeting. Commissioner Cutler made the motion, seconded by Commissioner Solly which carried by a vote of 3-0. Continued Public Hearing The Acting Chair read the description for Calendar #1760-Z 259 South Fulton Avenue (Section 169.24, Block 4039, Lot 14) located in the RMF-10 Zoning District. 1 City of Mount Vernon Meeting Date Zoning Board of Appeals Agenda April 19, 2022 The Acting Chair indicated that this is a continuation of the public hearing from last month. The ZBA received a rendering of the project from last month. The rendering did not meet the expectations of the ZBA which had requested a rendering from the Applicant showing the street scape and the project in context with the surrounding neighbors. The ZBA was trying to view the project height and appearance with the adjacent properties. The Acting Chair indicated that the ZBA only had three members at the meeting. This would mean that any vote would need a unanimous vote for any decision. She asked the Applicant’s Attorney, Mr. Jack Addesso, if he wished to have the application adjourned and held over to the May meeting. Mr. Addesso stated that he understood but would like to have the opportunity to hear any comments or suggestions from the Board as well as hearing added comments from the public. Mr. Addesso asked for further guidance on what type of rendering that the ZBA would need to see for its next meeting in May. The Acting Chair indicated that the ZBA would like to see a streetscape rendering in context with the adjacent residences along South Fulton Avenue. It could be a photoshop image showing the height of the proposed multi-family building against the height of the adjacent properties as well as the exterior appearance of the project in context with the neighboring properties. Mr. Addesso indicated that the Applicant would provide the rendering requested for the next meeting. The Acting Chair requested the land use secretary to summarize the objection letters and consents letter received. Ms. Maria Pace, the Land Use Secretary, indicated that she had received 16 objection letters and summarized the objections. She had one consent letter received from a business owner and read the consent letter. She also indicated that a member of the public, Ms. Michelle Purville, provided the objection letters. Mr. Addesso asked if the Applicant could receive the letters. Ms. Pace indicated that she would send the letters out the next day. 2 City of Mount Vernon Meeting Date Zoning Board of Appeals Agenda April 19, 2022 The Acting Chair asked Ms. Pace to provide the letters to all the ZBA members for their review and consideration. She asked for comment from members of the public. Public Comment - Ms. Michelle Purville had a question. Doesn’t the applicant, based on §267-43, need to provide hardship information as part of his application? Mr. Addesso addressed this question be stating that the hardship criteria is required for a use variance. The Applicant is requesting a single area variance for lot frontage of approximately seven feet. The lot frontage required is 75’ and 66.7’ is existing. The zone had been changed years ago to RMF-10 zoning. Even a three- family residence would need the 75’ frontage and require an area variance. Mr. Addesso discussed that the property has been vacant for many years. The problem was with the existing lot frontage for any development of the property. The lot is deeper than surrounding properties. It is 75’ x 125’. It is a much deeper lot than surrounding lots and is irregular in shape. This is not self-created. Mr. Victor Castillo, the Applicant’s Architect, indicated the zoning is multi-family and South Fulton Avenue is an arterial road that is heavily traveled . Public – Ms. Purville stated that one- or two-family residences can be built on the site of the property. Mr. Addesso indicated that the highest and best use of the property is multi-family. The property is approximately 7’ short on the lot frontage. The property is not worth developing for a use that is not multi-family. Mr. Castillo, Applicant’s Architect, indicated that the property was bought from the City which demolished the property. Mr. Addesso indicated that the cost of demolition was added into the sales price by the city. He summarized by stating that the applicant would be providing a streetscape rendering for the ZBA at their next meeting. The Acting Chair asked if there were any additional public comments. Ms. Pace, the land use secretary, indicated that there were no other members of the public requesting to be heard. The Acting Chair asked for a motion to close the public hearing and keep the record open for an addition ten days to receive any written public comment. 3  City of Mount Vernon Meeting Date Zoning Board of Appeals Agenda April 19, 2022 Commissioner Cutler made the motion to close the public hearing and keep the record open for an additional ten days to accept any written public comment, seconded by Commissioner Solly and carried by a vote of 3-0. New Public Hearing The Acting Chair read the description for Calendar #1749-Z 339A - 341 North High Street (Section 165.45, Block 1094, Lot 43) located in the RMF-10 Zoning District. The Acting Chair stated that this is a new public hearing. Applicant is proposing the existing 2 story office and industrial structure to be converted into residential and office use with a third-floor addition. The second floor will be converted into 6 apartments and 4 apartments will be provided on the 3 rd floor. The subject property is in the RMF-10 zoning district. The subject property has undersized frontages along North High Street and Oakley Place. There is an access easement to the parking lot for the property from West Lincoln Avenue. There is also 24’ driveway easement from North High Street leading to small parking area. The structure is primarily constructed along interior property lines. The existing parking is 9 spaces with 7 spaces off Oakley Place and three spaces provided off of North High Street. This is an existing non-conformity with no change in the degree of non-conformity. The previous use required 25 spaces and the proposed use does not increase the required parking. The Acting Chair indicated that the original letter from Michael Zarin, special counsel to the City Council, dated March 30, 2021, was submitted to the ZBA. The letter indicates that “It has become apparent, upon further review, that there does not appear to be any relief under a zoning amendment that can be provided for this project., and relief can be more appropriately obtained through dimensional variances from the Zoning Board of Appeals.” The Applicant is requesting several area variances under the following section of the Zoning Code: ▪ lot coverage: 50.9% - required 40% ▪ impervious surface: 100% - required 10% ▪ lot area per dwelling unit: 1,317 sf -required 2,250 sf ▪ front yard setback: 0 ft – required 20 ft. ▪ side yard setback: 0ft – required 15 ft ▪ Rear yard setback: 0 ft – required 20 ft Mr. Jack Addesso, Applicant’s Attorney, has addressed the specific criteria for the requested area variances in the ZBA application. 4 City of Mount Vernon Meeting Date Zoning Board of Appeals Agenda April 19, 2022 The Acting Chair read the SEQRA Determination for the proposed action as a Type II action based on 617.5(c)(16) “granting of individual setback and lot line variances and adjustments”. Based on the SEQRA Handbook, this section covers all variances for setback and lot line requirements including front, side, back, width, and depth. In this item, “individual” denotes one project on one lot. The ZBA confirmed that the proposed action as a Type II action with no further SEQRA review required. The Acting Chair asked the Applicant if he wished to adjourn the meeting to the May ZBA meeting due to the lack of a full board. Mr. Addesso indicated that the full board should hear the presentation. It is not just a matter of the vote, but the full board should listen to Applicant’s presentation as well as public comment. The Acting Chair asked the board members their opinion. Both Commissioner Cutler and Solly agreed that the matter should have the full participation by the Board and should be adjourned to the May meeting. Commissioner Cutler made the motion to adjourn the application and public hearing to the Board May meeting, seconded by Commissioner Solly, and carried by a vote of 3-0. New Public Hearing The Acting Chair read the description for Calendar #1763-Z 356 South 10th Avenue (Section 165.82, Block 3026, Lot 13) located in the RMF-6.75 Zoning District. The Acting Chair indicated that this is a new public hearing. Applicant is proposing to reconstruct the fire-damaged 3 family, 3 story detached residence located at 356 South 10th Avenue in the RMF-6.75 zoning district. The zoning allows the current use which is multi-family dwellings not to exceed three units. The Applicant is seeking an area variance under §267-11 D.2: “Should a building or structure, the use of which, or the use of a portion of which, is nonconforming or which is dimensionally nonconforming, be destroyed or damaged by any means to an extent of 50% or less of the replacement cost of the entire building or structure used in connection therewith at the time of the reconstruction, it may be reconstructed and any accompanying nonconforming use continued, provided that the reconstruction is commenced within one year of the date of such damage and completed within two years of said date, and further provided that it shall be reconstructed in accordance 5 City of Mount Vernon Meeting Date Zoning Board of Appeals Agenda April 19, 2022 with a plan approved by the Zoning Board of Appeals so as to result, where reasonable, in greater conformity with this chapter.” The subject property is located on the north side of South 10th Avenue, one parcel to the east of West 5th Street. The Subject residence is a 2 ½ story cellar frame building on a 3,300-sf parcel. Property is 33’ frontage and 100’ depth. The adjacent house to the west also has frontage of 33’along South 10th Avenue. All nonconforming dimensions were existing prior to the fire damage. None will be increased. The dwelling will be rebuilt on its existing footprint. Applicant has addressed the specific criteria for the area variance in the application. The Acting Chair read the SEQRA Determination for the proposed action as a Type II action based on 617.5(c)(11) “construction or expansion of a single family, a two-family or a three-family residence on an approved lot including provision of necessary utility connections” For example, where a building lot has already been approved, then even when a single-,two-, or three-family residence requires one or more additional approvals, such as site plan approval or zoning variances from a local board, or other permits such as a DEC natural resources permit (freshwater wetlands, tidal wetlands, stream protection, etc.), no further review under SEQRA is required (SEQRA Handbook, 4th ed. DEC 2020, 31). The ZBA confirmed that the proposed action as a Type II action with no further SEQRA review required. The Acting Chair opened the public hearing. She asked the land use secretary if there were any objections or consents received. Ms. Pace, the land use secretary, indicated that none were received for this application. Mr. Shahin Badaly, PE , the Applicant’s engineer, was representing the owner. He explained the application and indicated that he is not changing the footprint of the residence. The residence was damaged by fire over one year ago. It will be reconstructed with none of the existing non-conforming dimensions increasing nor will the footprint be changed. He indicated that the residence is a three-family with no habitable space in the basement. This is in the RMF-6.75 zone which allows a three-family residence. The Planner Examiner’s Report has been provided with the application. He provided a structural building report to the building department. The Acting Chair asked if there were any question from the board. Commissioners Cutler and Solly had no comments or objections. 6 City of Mount Vernon Meeting Date Zoning Board of Appeals Agenda April 19, 2022 Commissioner Cutler indicated that the application met the 50% or less threshold for the first-floor reconstruction. Commissioner Cutler made a motion to close the public hearing, seconded by Commissioner Solly, and carried by a vote of 3-0. Commissioner Cutler made the motion to approve the requested area variances for the application at 356 South 10th Avenue, seconded by Commissioner Solly, and carried by a vote of 3-0. New Public Hearing The Acting Chair read the description for Calendar #1764-Z 219 Tecumseh Avenue (Section 165.82, Block 4041, Lot 19) located in the R2-4.5 Zoning District. The Acting Chair indicated that this is a new public hearing. The Applicant is applying for three area variances in order to subdivide the subject property into two lots. The subject property consists of 8,000-sf (80’ x 100’) which is proposed to be subdivided into two 40’ x 100’ lots. Lot 19A is occupied by an existing residence at 219 Tecumseh Avenue. The existing 2,006-sf residence was built in 1903. Lot 19B will be vacant and used for the development of a new two-family residence. The subject property is an interior lot in the two-family R2-4.5 zone. It is on the east side of Tecumseh Avenue located between East Fourth Street and Beekman Avenue. Lot 19B has a significant tree (larger than 8” (DBH) in the middle of the parcel. The existing residence on Lot 19 does not indicate any off-street parking. It should be noted that the remaining lots on Tecumseh all have driveways to accommodate off- street parking. The Acting Chair indicated that the review of widths/frontages for lots along Tecumseh Avenue were provided to the ZBA members by staff of the Planning Department. On the east side of Tecumseh Avenue, the two adjacent properties to the north of the subject property and the five properties to the south all have a 40’ lot width and frontage. This represents 88% or seven lots out of the eight interior lots on the east side of Tecumseh Avenue. The remaining lot has 65’ frontage. On the west side of Tecumseh, there are eight interior lots with four lots having 40’ frontage or 50% of the interior lots. There is one lot at 224 Tecumseh opposite the vacant portion of the subject property which has a double lot with 100’ frontage. The remaining three lots on the west side have frontages of 50’, 60’ and 64’. 7 City of Mount Vernon Meeting Date Zoning Board of Appeals Agenda April 19, 2022 Area Variances Applicant is requesting the following area variances: 1) Lot Width and Frontage of 40’-0” where minimum of 50’ is required 2) Lot Area of 4,000 S.F. where 4,500 S.F. is required 3) Lot Area per dwelling unit of 2,000 S.F where Lot Area per Dwelling Unit of 2,250 S.F. is required The Acting Chair stated that the Applicant has addressed the specific criteria for the area variances in the application. The Acting Chair read the SEQRA Determination for the proposed action as a Type II action based on 617.5(c)(11) “construction or expansion of a single-family, a two-family or a three-family residence on an approved lot including provision of necessary utility connections” For example, where a building lot has already been approved, then even when a single-,two-, or three-family residence requires one or more additional approvals, such as site plan approval or zoning variances from a local board, or other permits such as a DEC natural resources permit (freshwater wetlands, tidal wetlands, stream protection, etc.), no further review under SEQR is required (SEQRA Handbook, 4th ed. DEC 2020, 31). The ZBA confirmed that the proposed action as a Type II action with no further SEQRA review required. The Acting Chair opened the public hearing. She asked the land use secretary if she had received objection and consent letters. Ms. Pace, the land use Board Secretary, indicated that she had received an objection from Ms. Michelle Purville and 18 other objections letters in opposition to the application. Ms. Pace read the comments into the record. The Acting Chair commented that the letters came across as a form letter with the same comments. Ms. Pace indicated that the members of the public should raise their hand if they want to make a comment. Public – Mr. Derrick Thomas – resident of Tecumseh Avenue. Mr. Thomas indicated he lives adjacent to the vacant property. He opposed the construction of the new residence on the lot next to his property. The adjacent property is not a blight on the neighborhood. He does not want a construction zone to build a new house in the side yard next to his property. 8 City of Mount Vernon Meeting Date Zoning Board of Appeals Agenda April 19, 2022 Public - Ms. Tina Thomas, the wife of Mr. Thomas, agreed with her husband and discussed problems with flooding. Public – Ms. Michelle Purville wanted to clarify something. She is running for District 10 leader. She wrote her own objection letter but had nothing to do with the writing of any of the other objection letters. Mr. Shahin Badaly, P.E., the Applicant’s representative, indicated that he would like to have the application held over to the May meeting. He would like to read the objection letters. He also wanted to present to the full ZBA board. The Acting Chair made a motion to adjourn the application to the ZBA’s May meeting at the board’s request, seconded by Commissioner Cutler, and carried by a vote of 3-0. There being no other business, the Acting Chair asked for a motion to adjourn. Commissioner Cutler made a motion to adjourn the meeting, seconded by Commissioner Solly and carried by a vote of 3-0. The meeting was closed at 7:35 pm. Maria Pace Land Use Board Secretary Robert Galvin, AICP Planning Administrator 9 OBJECTION LETTERS: 259 South Fulton Ave. March 14, 2022 Zoning Board Commissioners City of Mount Vernon 1 Roosevelt Square Mt. Vernon, N.Y. 10550 Re: Zoning Variance Block: 4039 Lot: 14 I am writing to express my objection to the application for an area variance proposed for the property located at 259 So. Fulton Ave, Mt. Vernon, N.Y. My objection is based on my concern regarding the impact that this dwelling will have on the overall quality of life of the residents in this area. In my view this neighborhood is already overcrowded and I believe that adding a building of this size and density would not contribute to improving the lives of the families in this community Mr. Addesso mentioned that there is a great demand for this type of market rate housing. If this is correct, they need to provide proof in the form of a market study, otherwise they have no justification. Additionally: 1. An 8-unit building requiring a frontage area variance is out of character with the houses immediately surrounding it. 2. Although they are providing some parking, It assumes only one car per family. Also they are eliminating a least one or two spaces with a curb cut. 3. When a builder needs a variance, they are required to show justification. One of the requirements is for them to show a financial hardship to build within the city's code. If they can't show that, they should not be granted a variance. 4. The city is on the precipice of putting together a new comprehensive plan. Building within the parameters of current code is fine but variances should not be granted until the new plan is in place. 5. Building a multi-family house in between two private homes is out of character for the neighborhood. The other apartments in the area are not in between private houses. Please listen to the neighbors who are concerned for their own property values and please read this into the record. Thanking you in advance for your consideration in this matter. Sincerely, Eileen Justino 47 Clinton Street, Mount Vernon, NY OBJECTION LETTERS: 219 Tecumseh Ave.