MINUTES PLANNING BOARD PUBLIC HEARING

Transcription

1 Richard Thomas Mayor City Planning Board Department of Planning & Community Development City Hall - Roosevelt Square Mount Vernon, New York (914) FAX (914) MINUTES PLANNING BOARD PUBLIC HEARING William Holmes Chair A regular meeting of the City Planning Board will be held on, Wednesday, September 7, 2016 at 6:30 PM. in the City Council Chambers, Second Floor, City Hall, Mount Vernon, New York at which time and place the Board shall consider the following: ITEM # 1 ROLL CALL ITEM # 2 APPROVAL OF MINUTES 2.1 Approval of the minutes of the regular meeting held on Wednesday, April 6, 2.2 Approval of the minutes of the special meeting held on Tuesday, June 14, 2.3 Approval of the minutes of the regular meeting held on Wednesday, July 13, 2.4 Approval of the minutes of the regular meeting held on Wednesday, August 3, Approval of the minutes of the regular meeting held on Wednesday, August 16, All minutes were adjourned. 2.2 ITEM #3 CONTINUED PUBLIC HEARING 3.1 Case No Bradford Road (Section , Block 2204, Lot 1) Located in the RMF-15 Zoning District The application WP East Acquisitions L.L.C represented by attorney Mark Weingarten of DelBello Donnellan Weingarten Wise and Wiederkehr LLP proposes to erect a 5-story multi family building with associated parking. Unlisted Action. The City Council as "Lead Agency" declared a negative declaration on February 26, 2015 ending the SEQRA process.

2 The Chairman reads the item into the record. Kenneth J Gould, the attorney for the owner of the property. The applicant before the Board, WP East Acquisitions L.L.C., was a contract vendee and has terminated their contract. The owner LTTR Home Care, LLC is requesting an adjournment for ninety days to figure out what the next steps are in regards to the application. I would also request minutes, so I can get caught up with, what the Board is requesting as far as this application is concern. The Board has concerns if the representation before the Board by Mr. Gould is proper standings. The Board went into Executive Session. Once the Board came out of Executive, the Chairman asked for any correspondence from the public. Staff reads into the record as follows: Dear Ms. Giris, At the August 3, 2016 Planning Board meeting, your above mentioned application was adjourned to our next Board meeting scheduled for September 7, During that August meeting, you indicated that there were no new or additional changes to this application beyond that which was last received by the Board for site plan review on April 3, If there are no plans to present any changes or additions to the current site plan being considered, kindly notify Planning Staff at your earliest convenience, but in advance of the Board s upcoming September 7, 2016 meeting. Ms. Giris, thank you in advance for your prompt attention to this matter. Please do not hesitate to contact staff at (914) if you have any questions. Response from Ms. Giris Dear Chairman Holmes: In response to your letter dated August 30, 2016 we are writing to advise that WP East Acquisitions L.L.C is no longer the contract vendee of the above-referenced property. A representative of the owner of the property, LTTR Home Care, LLC will appear at tomorrow evening s meeting to advise the Board about the status of the matter. Chairman Holmes explains that the attorney before the Board is not the attorney that has been representing the application. Mr. Gould explains that he is not a planning attorney, and the only purpose for being at the meeting, is to request an adjournment for the owner. The Board has advised the attorney that, he does not have a legal standing to be before them and can not address an issues as it pertains to the application 8-

3 2015. They have asked Staff to send correspondence to applicant on record to ask if they are withdrawing their application. They have also indicated that the applicant on record has exhausted all of their adjournments, and asked the attorney to return next month with proper documentation to speak for the owner. A motion was made to hold off on any adjournment decision until next month to receive clarification on the legal standings for the property by Board Member Snyder, Board Member Justino added to look at City Councils proclamation to re-zone the property and that LTTR is not on that proclamation. It shows LTTR as the property owner, but not the applicant. I will stand on my recommendation earlier, that the attorney present is not within legal standings and not, who the Board has been speaking with in regards to this application. Secondly, we should ask Staff to write a letter to the applicant WP East Acquisitions L.L.C, asking if they are withdrawing their application. Motion was second by Board Member Snyder. Motion tabled. 3.2 Case No E. Third Street (Section , Block 4037, Lot 2) Located in the CB Commercial Business Zoning District The applicant, Patrick Coleman, represented by, Design Concept Technologies, the construction manager, proposes to construct an extension to the existing warehouse on the same property. Unlisted Action. The Planning Board has declared its intent to be Lead Agency. The Lead Agency shall establish the environmental significance prior to making a determination. The Chairman reads the item into the record. Clarence Cooks the construction manager presents his presentation. At the last meeting, there was question in regards to the site plan drawings missing information and refuse areas, drainage, chain link fence, buffer area, lighting, security cameras to be clarified. We have provided information for clarity. The Board had discussions with the presentation, presented. They still have concerns with the buffer areas, drainage, and refuse area. The drawings are still unclear. Chairman Holmes asks for correspondence from City Agencies. Staff states that the Department of Public Safety has no objections at this time. No member of the public wish to speak. The Board continues with their concerns in regards with the project, which it does not match with the character of the neighborhood. They have asked the applicant to consider a color change. They need to reconcile the plans and be clearer with the presentation, presented. The buffer, planting and the color of the

4 building needs to be addressed. A motion to adjourn was made by Board Member Gleason, seconded by Board Member Zamora. All member present are in favor. 3.3 Case No S. Terrace Avenue (Section , Block 1059, Lot 10, 11) Located in the I Industrial Zoning District The applicant, John Bemal, represented by Errol McIntosh, the architect, proposes to install a prefabricated warehouse for storage of construction equipment and supplies. Accordingly, site plan review is required. Unlisted Action. The Planning Board has declared its intent to be Lead Agency. The Lead Agency shall establish the environmental significance prior to making a determination. The Chairman read the item into the record. The applicant explains that they were here as the last meeting and the Board declared themselves as Lead Agency. The Board explains that they were waiting for the ARB to declare the Board as Lead Agency, make any comments and had to complete the part 2 of the EAF. Board Member Justino makes a motion to close public hearing. Staff reads the comments into the record from the ARB completing, part 2 of the EAF. Board Member Selsey seconds the motion. All Board Members are in favor. Board Member Justino motions Negative Declaration, Seconded by Board Member Gleason. All Board Members present are in favor. Motion to approve application by Board Member Justino, seconded by Board Member Snyder. All Board Members present are in favor. ITEM #4 PUBLIC HEARING 4.1 Case No N. 5 th Avenue (Section , Block 1121, Lot 26) Located in the NB Neighborhood Business District The applicant, Edwards D Amore, the architect, proposes to incorporate Offices for therapy use for Rehabilitation purposes. Accordingly, a special use permit is required. SEQRA Determination: This action is an uncoordinated review and classified as Unlisted. The Planning Board shall declare itself as Lead Agency to establish the environmental significance prior to making a determination.

5 This applicant has requested an adjournment until October 6, 2016 meeting. ITEM #5 ADMINISTRATIVE ACTIONS SEQRA Determination: This action is a Type II action; therefore, ending the SEQRA process. 5.1 Mount Vernon West Proposed Zoning Ordinance Recommendation According to Section of the Zoning Code If any amendment is to be considered by the City Council, it shall be referred for review and report to the Planning Board, the Corporation Counsel and other board (Architectural Review Board), agency or official of the city which the City Council deems appropriate. All boards, agencies and officials to which such proposed amendments are referred shall not have less than 30 days from the date of forwarding, or from the date of revision by the petitioner whichever is later, to submit their reports. Approval of 2017 Public meeting schedule. Approved Note: Work Sessions will be open to the public but closed to public participation subject to the Open Meetings Law, [Section 105 of the 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. Note: The Planning Board will hold its work session on Monday, August 29, 2016 at 6:30 pm in the Memorial Room, City Hall, 2 nd Floor. Note: The next regular meeting of the City Planning Board is scheduled to be held on Wednesday, October 5, Wendy Davis Planning Board Secretary cc: Richard Thomas, Mayor George Brown, City Clerk Shawyn Howard, Planning Commissioner Press William Long, Planning Administrator Lobby Kindra Dolman, 1 st Deputy Building Commissioner Lawrence A. Porcari, Corporation Council Brian G. Johnson, 1 st Corporation Council