Zoning Board of Appeals

City of Mount Vernon Meeting Date Zoning Board of Appeals Meeting Minutes October 17, 2023 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 OCTOBER 17, 2023 A regular meeting of the Zoning Board of Appeals was held at 6:30 PM on Tuesday, October 17, 2023 in City Council Chambers on the 2nd floor of City Hall. Applicants and members of the public were permitted to attend and make public comments in person and via Zoom. The Chair indicated that the roll call was the first item on the agenda. Item #1 – ROLL CALL The Chair called the roll: in addition to the Chair, attending were Commissioners Shez Darden, Elvira Castillo, and Conrad Cutler (via telephone). Also attending were Katherine Mella, Associate Commissioner; Maria Pace, Land Use Board Secretary; Will Hyland, Senior Planner; and Nkechi Nwachukwu, Land Use Counsel. With a quorum of four members present, the Chair opened the regular meeting at 6:35 pm. The Chair read the notice for the Zoning Board of Appeals meeting for Tuesday, October 17, 2023. Item #2 - APPROVAL OF MINUTES The Chair asked if the Commissioners had reviewed the minutes of the September 19, 2023, meeting. The Commissioners indicated that they had reviewed them. The Chair asked for a motion to approve the minutes for September 19, 2023. Commissioner Castillo made the motion, seconded by Commissioner Darden. The motion was approved 4-0. 1  City of Mount Vernon Meeting Date Zoning Board of Appeals Meeting Minutes October 17, 2023 Item #3 - PUBLIC HEARINGS Adjourned 3.1 Calendar # ZBA-23-7: 127 South Terrace Avenue (Section 164.84, Block 1061, Lot 17) located in the Industrial Zoning District. The ZBA adjourned this application to the November 20, 2023, meeting as it awaits comments from the City Council and other agencies, pursuant to § 267-48(B) of the Mount Vernon Zoning Code. New Public Hearing 3.2 Calendar # ZBA-23- 6: 0 Millington Street (Section 169.25, Block 4055, Lot 6) located in the R2- 4.5 Zoning District. Regarding public notice, the Board received: An Affidavit of Mailing stating that on September 29, 2023 notice was mailed to property owners within a 500-foot radius of the site; An Affidavit of Sign Posting stating that on October 2, 2023 a sign was posted at the site giving notice of the Zoning Board of Appeals’ October 17, 2023 meeting. The Board also received photographs showing that the sign posting on the property provided notice of today’s meeting. The Board previously received proof of publication in the Journal News. The owner, Millington Project, LLC, is being represented by Shahin Badaly, PE. This application is for an extension request as the approvals for both the ZBA and Planning Board have expired. This application received the necessary approval from the ZBA on October 1, 2021 and Findings of Fact were signed on November 8, 2021. The ZBA reviewed and approved area variances for the two lots for lot width and frontage. It then went through Planning Board review and received permission to subdivide the property into two lots for a proposed two-family residence on each lot. The approvals for the ZBA and Planning Board have expired, and the subdivision plat was also not filed within the required 180 days with the Westchester County Clerk’s office. Therefore, the applicant seeks to reauthorize the approvals received from the ZBA and Planning Board. The subject property is on the south side of Millington Street closer to Columbus Avenue in the R2-4.5 zoning district. The existing lots on the south side of Millington Street are 140’ in depth. The vacant lot is near a church at the corner of Columbus Avenue and Millington Street. There is a three-story apartment building across from the site on the north side of Millington at its corner with Columbus Avenue in the RMF-15 zone. The existing lot width is 75’ with a 140’ depth with a lot size of 10,500 sf. The Applicant requested an area variance for the proposed lot width and frontage for each new lot. 2  City of Mount Vernon Meeting Date Zoning Board of Appeals Meeting Minutes October 17, 2023 Area Variance Approved on October 19, 2021: (§ 267-Attachment 2) Item Required / Proposed Variance Permitted Requested 50 feet minimum 37.50 feet 12.5 feet Lot Width and Frontage Applicant has provided the same information as previously done for the application, including the Plan Examiner’s Report, Environmental Assessment Form, Statement of Principal Points, set of plans with elevations, landscaping, color photographs, title report, and survey. In addition, applicant submitted a written request for Extension of Time, pursuant to Art. XX(B) of the ZBA Rules. SEQRA – The proposed action is a Type II action based on 6 NYCRR 617.5(c)(26) ("routine or continuing agency administration and management, not including new programs or major reordering of priorities that may affect the environment”), therefore, ending the SEQRA process. Mr. Shahin Badaly explained that this application is an extension request of a previous application with no changes regarding what was submitted to the ZBA in 2021. He then asked if he should review everything that had been previously approved. The Chair said there was no need to review the application again but would look to the other Commissioners who were part of the ZBA at the time for their opinions. Commissioner Castillo asked why the project, approved in 2021, was not started. Mr. Badaly explained that the owner got cold feet and wanted to wait and, as a result, all the deadlines were missed for filing, etc. Also, the Findings of Fact, needed for the project to go forward, took a while to obtain. The Chair asked if the houses in the subdivision were separate. He also asked if there was a kitchenette or full bath in the basement as he is concerned about illegal apartments. Mr. Badaly explained that the full bath is connected to the first-floor apartment, much like a duplex. Commissioner Darden asked if there were any changes to the plans and what was the vote in 2021. Mr. Badaly said that there are no changes to the plans and that the vote was 4-0. Commissioner Darden then made a motion to approve the extension request for 0 Millington St., seconded by Commissioner Castillo, and approved by a vote of 4-0. 3  City of Mount Vernon Meeting Date Zoning Board of Appeals Meeting Minutes October 17, 2023 Continued Public Hearing 3.3 Case # ZB- 22-3: 114 – 118 E. Third Street (Section 165.79, Block 3157, Lots 5 and 6) in the Neighborhood Business (NB) 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 received an Affidavit of Sign Posting stating that on October 3, 2023 a sign was posted at the site giving notice of the Zoning Board’s October 17, 2023 meeting. The Board also received photographs showing that the sign posting on the property had been updated providing notice of today’s meeting. The owner, East Third Street Equities, is represented by his attorney, Mr. Neil Alexander, Esq. from Cuddy & Feder, and his architect, Badaly Engineering PLLC. The subject property is on the south side of East Third Street, approximately 335’ west of Franklin Street in the Neighborhood Business district. The NB district extends approximately nine blocks from South Fulton Avenue on the east to South 7th Street on the west. The subject property is 7,162 sf or .16 acres. The property’s frontage is approximately 76’. It is occupied by a two story, 3,000 sf commercial building, which is vacant. The Applicant is seeking a use variance as well as area variances to construct a new, 28,788 sf apartment building. The proposed multi-family building would be 8 stories and approximately 75’ in height with 49 units (21 studios, 21 one-bedroom units, and 7 two-bedroom units). The Applicant has provided a Zoning Analysis on the submitted site plan. The Plan Examiner’s Report indicates approvals needed from the ZBA, the Planning Board, and the Architectural Review Board. Mr. Alexander, Cuddy & Feder, previously provided a Statement of Principal Points in support of the use variance and the area variances. The attorney had indicated that the owner has owned the property since June 19, 1972. As financial evidence in support of the Applicant’s use variance request, the Applicant’s attorney provided a letter from RM Friedlander dated 11/11/22 which described the firm’s unsuccessful marketing efforts for the last three years and their recommendations. Mr. Alexander also had provided a description of the nature of the area, indicating that there are multi-family buildings at the northeast and southwest corners of East Third Street and Union Avenue (1/2 block to the west of the site in the NB zone). He also noted that the 13-story Randy Daniels Towers (20 East Third Street) is one of several mid-rise, multi- family buildings approximately 2 blocks to the west of the subject property. The Applicant also provided a summary of construction and financing costs for the Zoning Board members. The Board previously requested that the Applicant revise their Short EAF form, update their Statement of Principal Points, and address concerns regarding parking. 4 City of Mount Vernon Meeting Date Zoning Board of Appeals Meeting Minutes October 17, 2023 The Applicant has provided revised site plans, including a stormwater retention plan, renderings, and landscape plan, and has revised the area variance request for parking. Area Variances Requested: (§ 267-Attachment 2) Item Required / Proposed Variance Permitted Requested 1.0 maximum 5.36 4.36 Floor Area 2 stories maximum 8 stories 6 stories Building Height (stories) 30’ maximum 74.67’ 44.67’ Building Height (feet) 60% maximum 67% 7% Lot Coverage – Building (%) 90% maximum 100% 10% Lot Coverage – Impervious Surface (%) 98 spaces 42 spaces (revised) 56 spaces # Off-street Parking Spaces (2 per dwelling unit) SEQRA – The proposed action is a use variance and is classified as an Unlisted action for SEQRA purposes. At its March 21, 2023 meeting, the ZBA declared its intent to serve as Lead Agency for the environmental review of this proposed action. The ZBA received no written objections to the Notice of Intent that was circulated. The Planning Board discussed the Notice of Intent at its May 3, 2023 meeting and noted that the property is included within the downtown boundary for Phase 1 of the Comprehensive Plan. The Planning Board stated that it has no objection to the ZBA serving as lead agency for SEQRA purposes. The application had been sent to the Fire Department, the Police Department, the Water Bureau, DPW, and the City Engineer for comments. The Water Bureau responded with the following comments: water bill must be paid in full; fire flow test must be done to determine how much water is available for the project; and backflow applications need to be submitted. The Fire Department responded with a request for: additional information regarding the demo permit; FDMV/Plumbing Superintendent to be included on fire sprinkler/standpipe plans; NYS 2020 Building Codes - fire and smoke protection penetrations and NY 2020 Fire Code - carbon monoxide detectors; and a request for the proposed equipment list of heating/hot water and cooking equipment. DPW and the City Engineer responded with comments regarding the proposed combined house connection of stormwater and sanitary sewer; requested further information about the calculations of the sanitary and stormwater sewers before and post connection; and requested the estimate of the proposed amount of garbage and refuse, and methods for collection, storage, handling, and disposal. 5  City of Mount Vernon Meeting Date Zoning Board of Appeals Meeting Minutes October 17, 2023 The application was also referred to Westchester County Planning for GML review; they responded with comments on March 21, 2023. The ZBA also requested recommendations from the Planning Board and the ARB. The Chair of the Planning Board provided comments on May 10, 2023 and the ARB provided comments on May 22, 2023. The City Council provided a letter dated May 9, 2023 providing comments regarding this application. Mr. Shahin Badaly, the engineer, represented the owner; Mr. Neil Alexander, the attorney from Cuddy & Feder, was not present at the meeting. Chair Justino, after reading the City Council’s letter into the record, asked the applicant, based on City Council comments, if he would like to withdraw the application and request a zoning change from the City Council. Mr. Badaly said that the owner still wants to go forward with the application. He also explained that he is submitting a new parking proposal, using parking stackers for 42 spaces. An attendant would be on staff and present 24/7 to move the cars. Chair Justino read the letter received from the Westchester County Planning Board into the record. Commissioner Castillo asked how only one attendant can take care of multiple cars. Mr. Badaly said that, most likely, they would need more than one attendant on duty, but the system is tried and true. Commissioner Darden asked Mr. Badaly if he can share examples of other projects that have been approved with stackable parking. Mr. Badaly said he can provide this and mentioned that 411 Bronx River Road has stackable parking and stated that this parking method is tried and true and that it’s a higher class of living to have parking attendants. Commissioner Darden asked whether parking is as relevant an issue as it’s being made out to be. Mr. Badaly explained that significant screening would be added to mask the stackers. The Chair noted that, since the ZBA is the lead agency for SEQRA for this application, the ZBA would need to go through the SEQRA process. Mr. Badaly then requested that a full quorum be present before any determination is made on this application. The Chair asked Land Use Counsel to weigh in on the requested adjournment. 6 City of Mount Vernon Meeting Date Zoning Board of Appeals Meeting Minutes October 17, 2023 Land Use Counsel indicated that a quorum is present and read Art. XI of the ZBA Rules into the record, which, among other things, states that an adjournment request must be made in writing at least one week in advance of the meeting and there shall be only one adjournment per application. Mr. Badaly then said that the ZBA would need to review the submitted changes to the plans before the SEQRA review. The Chair ensured the applicant that changes submitted at this meeting would be taken into consideration in the SEQRA determination. The Chair also expressed concern that not going through the SEQRA process at this meeting would delay the process. Commissioner Darden disagreed with this. Commissioner Darden also noted that the Comprehensive Plan is still being referred to even though it’s not complete. The Chair replied that the Comprehensive Plan, when passed, would likely rezone this property and make a similar project “as of right.” And, in the absence of a new Comprehensive Plan, this application will be judged on the application’s merits. Chair Justino stated that he is ready to proceed along. Commissioner Darden stated that she is not ready and asked how about if she leaves. She then stood up and began collecting her belongings. The Chair then asked that the record reflects that one of our Board members has decided to walk out of the meeting and now we do not have a quorum. In light of developments, the Chair then adjourned the meeting. The meeting was adjourned at 7:30 pm. Maria Pace Land Use Board Secretary Robert Galvin, AICP Planning Administrator 7