Zoning Board of Appeals

City of Mount Vernon Meeting Date Zoning Board of Appeals Meeting Minutes February 20, 2024 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 FEBRUARY 20, 2024 A regular meeting of the Zoning Board of Appeals was held at 6:30 PM on Tuesday, February 20, 2024 in the 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 Elvira Castillo and newly appointed Commissioner Dean Bailey. 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 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, February 20, 2023. Item #2 - APPROVAL OF MINUTES • October 17, 2023 • November 20, 2023 The Chair asked if the Commissioners had reviewed the minutes of the October 17, 2023, and November 20, 2023 meeting. A motion was made by Commissioner Castillo and seconded by Commissioner Bailey to table the 10/17/2023 and 11/20/2023 minutes to give Commissioner Bailey time to review the recordings. The motion was approved with a vote of 3-0. 1 City of Mount Vernon Meeting Date Zoning Board of Appeals Meeting Minutes February 20, 2024 ITEM #3 PUBLIC HEARINGS New Public Hearing 3.1 Case # ZB- 23-8: 420 North Terrace Avenue (Section 165.45, Block 1096, Lot 11) in the RMF- 10: Multifamily Residence District. The Board previously received proof of mailing, proof of publication in the Journal News, and proof of sign posting for the application. The Board also received an Affidavit of Sign Posting stating that on January 18, 2024, a sign was posted at the site giving notice of the Zoning Board’s February 20, 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, North Terrace Ownership Group LLC, was represented by architect, Shahin Badaly, P.E. The Applicant is seeking area variances to construct a new 4-story, 16-unit apartment building. The proposed multi-family building would be approximately 41.5’ in height with 9 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. Area Variances Requested: (§ 267-Attachments 2 & 3) Item Required / Proposed Variance Permitted Requested 3 stories maximum 4 stories 1 story Building Height (stories) 40% maximum 53.1% 13.1% Lot Coverage – Building (%) 70% maximum 100% 30% Lot Coverage – Impervious Surface (%) Lot Area (square feet) 10,000 square feet 5,512 square feet 4,488 square feet minimum Lot Area per Dwelling Unit 1,200 square feet 345 square feet 855 square feet (square feet) minimum Lot Width and Frontage 75 feet 50 feet 25 feet (feet) minimum 2  City of Mount Vernon Meeting Date Zoning Board of Appeals Meeting Minutes February 20, 2024 Front Yard Setback (feet) 20 feet 0 feet 20 feet minimum Side Yard Setback – Total 15 feet 5 feet 10 feet (feet) minimum Off-street parking 32 spaces (2 per 15 spaces 17 spaces dwelling unit) Parking Setback 3 feet minimum 0 feet 3 feet The application was sent to the Fire Department, the Police Department, the Water Bureau, DPW, and the City Engineer for comments. The application does meet any of the locational triggers for notification or referral to the Westchester County Planning Board. SEQRA – The proposed construction and area variances are classified as an Unlisted action for SEQRA purposes. The ZBA would need to establish itself as the Lead Agency for the environmental review of this proposed action. After reviewing the variances, Chair Justino recommended that the % of change between the required/permitted variances and the proposed variances should be included in the “Area Variances Requested” chart. He also requested a copy of the LLC agreement with all member names included. Mr. Shahin Badaly, the applicant, explained that the owners want to be in compliance with the other buildings that are adjacent to this one. The Chair then referred to Phase 1 of the Comprehensive Plan and commented that parking standards will be different in this area compared to downtown. He also noted that none of the adjacent buildings are four stories and larger buildings are several blocks away; most of the buildings in the area are large 2-3 family houses. The Chair also expressed doubt that the substantial requested variances would be approved without modifications. Commissioner Castillo noted that the sewer system is a major concern. Mr. Badaly indicated that he would reach out to the City Engineer, Curtis Woods, and the DPW regarding this concern before the next meeting. The Chair reiterated that the number and percentage of the variances requested should be discussed and agreed upon first before any further discussion. Mr. Badaly then said that the unit count in the building is pivotal to the project and asked if that could be maintained while working to lessen the variances. 3 City of Mount Vernon Meeting Date Zoning Board of Appeals Meeting Minutes February 20, 2024 Chair Justino responded that the variance requested for lot area per dwelling is very large and did not know how that could be rectified without lowering the unit count. He also noted that the front yard setback might work. Commissioner Castillo agreed with the Chair and stated that the owner should rethink the development. A member owner of the North Terrace Ownership Group, LLC, then stated that the plans were drawn up to make the area better, improve the neighborhood, and to beautify the City. He also cited other projects of comparable size in different areas of the City The Chair responded that the ZBA’s job is to evaluate area variances and to determine if there is another way to improve the property; currently, the requested variances are extreme and need to be more feasible. He also said that another 16 units will add to the services the City provides. The Chair then asked if there were any public comments. Ms. Rosemarie Ceraso, whose mother owns 421 N. Terrace Ave., expressed concern about the number of variances and percentages for the project, especially regarding parking. Another concern is climate-related regarding the proposed variance for lot coverage of impervious surfaces. She stated that she is not opposed to the development, but there needs to be consideration for the neighbors in the surrounding area. The Chair then read comments from the DPW and the Fire Department into the record. Land Use Counsel then advised that the ZBA could consider this application as a coordinated review for SEQRA purposes and could vote to declare its intent to serve as lead agency. Commissioner Castillo then made a motion to declare intent that the ZBA will serve as lead agency for SEQRA review, seconded by Commissioner Bailey, and approved with a vote of 3-0. Commissioner Castillo then made a motion to adjourn the public hearing until the March 26 meeting, seconded by Commissioner Bailey, and approved with a vote of 3-0. ITEM #4 ADMINISTRATIVE ITEMS 4.1 Review and Approval of 2024 Calendar of Zoning Board of Appeals Meeting Dates Commissioner Castillo asked about the summer recess in August and staff confirmed that the ARB and Planning Board approved summer recesses in their calendars. The Chair asked if meeting dates could be modified. Staff stated that meeting dates could be changed up to 14 days prior to the stated date. The Chair then said that the dates can be planned accordingly. 4 City of Mount Vernon Meeting Date Zoning Board of Appeals Meeting Minutes February 20, 2024 Commissioner Castillo made a motion to accept the 2024 ZBA meeting calendar as written, seconded by Commissioner Bailey and approved with a vote of 3-0. 4.2 Mayor’s Written Statement of Removal of Henry Solly from Zoning Board (dated 12/29/23) The Chair read a portion of the Mayor’s written statement indicating Commissioner Solly’s removal into the record. The Chair then asked Land Use Counsel questions regarding public participation procedures for the Land Use Boards. Land Use Counsel indicated that she would research the matter and provide a comprehensive response. Meeting Adjournment The Chair asked for a motion to adjourn the meeting. Commissioner Castillo made the motion, seconded by Commissioner Bailey, and approved by a vote of 3-0. The meeting was adjourned at 7:18 pm. Maria Pace Land Use Board Secretary Robert Galvin, AICP Planning Administrator 5