Zoning Board of Appeals
Regular MeetingMount Vernon, NY · June 21, 2022
Minutes
City of Mount Vernon Meeting Date
Zoning Board of Appeals Agenda June 21, 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 Michael Justino
Mayor Chair
ZONING BOARD OF APPEALS
MEETING MINUTES
for June 21, 2022
A regular meeting of the Zoning Board of Appeals was held at 6:30 PM on Tuesday, June 21,
2022, 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 comment via in person
attendance.
The Chair indicated that the roll call was the first item on the agenda.
ROLL CALL
The Chair called the roll: In addition to the Chair, attending were the following
Commissioners: Mr. Cutler and Ms. Darden. Commissioner Elvira Castillo and Commissioner
Henry Solly were not present.
Also attending were James Rausse, Commissioner, Marlon Molina, 2nd Deputy Commissioner,
Maria Pace, Land Use Board Secretary, Katherine Mella, Associate Commissioner, Nkechi
Nwachukwu, Land Use Counsel and Bob Galvin, Planning Administrator.
With a quorum of three members present, the Chair opened the regular meeting at 6:30 pm. The
Chair read the notice for the Zoning Board of Appeals meeting for Tuesday, June 21, 2022.
Item 2 - APPROVAL OF MINUTES
The Chair indicated that suggested edits need to be discussed and finalized. The Chair asked for
a motion to hold over the approval of minutes for May 17, 2022, until the next ZBA meeting.
Commissioner Cutler made the motion to adjourn the minutes until the next meeting.
Commissioner Darden seconded the motion. The motion was approved 3-0.
Roll call:
Commissioner Cutler - yes
Commissioner Darden - yes
Chair Justino - yes
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City of Mount Vernon Meeting Date
Zoning Board of Appeals Agenda June 21, 2022
Continued Public Hearing
The 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.
Mr. Addesso and the Applicant’s Architect provided an update on easements – there was no
new additional information. They also conducted a presentation with an updated rendering of
the project. The discussion between the applicant’s team and the ZBA covered concerns about
parking and accessibility for future tenants and current neighbors, the mix of commercial and
residential spaces in the project, and access to the road for other tenants. Based on the
discussion, ZBA recommended that the parking variance be explicitly included, that turning
radiuses and clear information on how tenants would access parking and get in and out of their
spaces be provided, and that the applicant return with 1-2 proposals based on the feedback
from this meeting.
The Chair asked whether there were any comments from the public. There were no comments
from the public. He asked for a motion to continue the public hearing.
Commissioner Cutler made the motion to continue the public hearing until the Board’s July
meeting. Commissioner Darden seconded the motion. The motion passed 3-0.
Roll call:
Commissioner Cutler - yes
Commissioner Darden - yes
Chair Justino - yes
Continued Public Hearing
Calendar #1764-Z 219 Tecumseh Avenue (Section 165.82, Block 4041, Lot 19) located
in the R2-4.5 Zoning District.
The Applicant, Mr. Shahin Badaly, PE, sent a letter to the ZBA on June 21, 2022, requesting an
adjournment for their application as they need more time to re-do their plans.
The ZBA discussed the request and the Chair asked for a motion to accept the adjournment for
219 Tecumseh Avenue.
Commissioner Cutler made a motioned to accept the adjournment for 219 Tecumseh Avenue.
Commissioner Darden seconded the motion. The motion passed 3-0.
Roll call:
Commissioner Cutler - yes
Commissioner Darden - yes
Chair Justino - yes
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City of Mount Vernon Meeting Date
Zoning Board of Appeals Agenda June 21, 2022
New Public Hearing
3.3 Calendar 1766-Z 113 Franklin Avenue (Section 165.71, Block 3160, Lot 12) in the RMF-
6.75 Residential District.
Closed Public Hearing
The Applicant sent a letter to the ZBA on June 16 requesting to withdraw their application.
The Planning Administrator indicated that the applicant was going to redesign the project and
would not probably need variances going forward.
The ZBA briefly discussed, and the Chair asked for a motion to accept the withdrawal of the
application.
Commissioner Cutler made a motion to accept the withdrawal of the application for 113
Franklin Avenue, Commissioner Darden seconded the motion. The motion passed 3-0.
Roll call:
Chair Justino - yes
Commissioner Darden - yes
Commissioner Cutler - yes
Meeting Adjournment
Commissioner Cutler made a motion to adjourn the meeting, seconded by Commissioner
Darden.
Meeting was closed at 7:40 pm.
Maria Pace
Land Use Board Secretary
Robert Galvin, AICP
Planning Administrator
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Agenda
City of Mount Vernon Meeting Date
Zoning Board of Appeals Agenda June 21, 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 Michael Justino
Mayor Chair
ZONING BOARD OF APPEALS
MEETING/HEARING
AGENDA
JUNE 21, 2022
A work session of the Zoning Board of Appeals will be held on Tuesday, June 21, 2022, at
6:00 PM in the Mayor’s Conference Room (Room 107A) on the first floor of City Hall. The
regular meeting of the Zoning Board of Appeals will be continued at 6:30 PM on June 21,
2022. Applicants and members of the public will be permitted to attend and make public
comment via in person attendance.
ITEM #1 ROLL CALL
ITEM #2 APPROVAL OF MINUTES
• May 17, 2022 minutes
ITEM #3 Public Hearings
Continued Public Hearing
3.1 Calendar #1749-Z 339A - 341 North High Street (Section 165.45, Block 1094, Lot
43) located in the RMF-10 Zoning District.
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
3rd 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
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City of Mount Vernon Meeting Date
Zoning Board of Appeals Agenda June 21, 2022
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.
Since the May meeting, the Planning Department has not received any information
from residents regarding deeds or other information on easements. There have not
been additional plans or other materials provided by the applicant.
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
Applicant’s Attorney, Mr. Jack Addesso, addressed the specific criteria for the
requested area variances in the ZBA application.
SEQRA Determination: The ZBA confirmed that the proposed action was a Type II
action at their May meeting.
Continued Public Hearing
3.2 Calendar #1764-Z 219 Tecumseh Avenue (Section 165.82, Block 4041, Lot 19)
located in the R2-4.5 Zoning District.
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.
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Applicant had indicated that he would be providing additional plans regarding
parking.
Review of widths/frontages for lots along Tecumseh Avenue
This review was conducted 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’.
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
Applicant has addressed the specific criteria for the area variance in the
application.
SEQRA – The ZBA confirmed that the proposed action was a Type II action at their
May meeting.
New Public Hearing
3.3 Calendar 1766-Z 113 Franklin Avenue (Section 165.71, Block 3160, Lot 12) in the RMF-
6.75 Residential District.
Applicant is URSA Industries LLC c/o Garth Yetman. Mr. Shahin Badaly, PE is representing
the applicant. The subject property is 26,514 sf and is occupied by an older, large building and
accessory structure. The residence is in dilapidated condition. The property is a corner lot at the
intersection of Franklin Avenue and Adams Street. The applicant is applying for area variances
to subdivide the subject property into three lots along Franklin Avenue and two lots along
Adams Street. These lots are indicated as Lot 12, 12A, and 12B on Franklin and 12C and 12D on
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Zoning Board of Appeals Agenda June 21, 2022
Adams Street. The lots on the opposite side of Franklin have frontages of 45’, 45’, 60’, 50’ and
75’.
Required Area Variances
There are no variances required for Lots 12 and 12A.
Lot 12B is a corner lot with a proposed 3,890 sf for minimum lot area where 4,500 sf is required.
Lot frontage for this lot is 40.95’ where 50’ is required.
Lots 12-C and 12-D on Adams Street have lot frontages of 37.5’ where 50' is required. The driveway
for these residences is shown at the front with a garage under the residence. Both lots
meet the 20’ front yard setback. The adjacent residences to Lots 12C and 12D have similar
frontages with no driveway or on-site parking. The residences on the other side of Adams have
similar frontages ranging from 35’ to 44’. Adjacent land use along Adams Street is a small city
playground and 2-story condominiums at Fulton Terrace.
SEQRA Determination: The proposed action is 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.
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, Art. 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 19, 2022, at 6:00 pm for ZBA Work Session
- TUESDAY, July 19, 2022, at 6:30 pm for Regular Meeting of the Zoning Board of
Appeals
Marlon Molina 2nd Deputy Planning Commissioner
cc: Shawyn Patterson-Howard, Mayor
Chair, Planning Board
James Rausse, Planning Commissioner
Building Commissioner
Corporation Counsel
City Clerk
Lobby
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