Zoning Board of Appeals Department of Planning & Community Development City Hall - Roosevelt Square Mount Vernon, New York 10550-2060 (914) 699-7230 • FAX (914) 699-1435 Ernest D. Davis. Mayor Irwin S. Davison, Esq. Chair MINUTES ZONING BOARD OF APPEALS PUBLIC HEARING A regular meeting of the Zoning Board of Appeals will be held on Tuesday November 18, 2014 at 7:30 p.m. in the City Council Chamber, Second Floor, City Hall, Mount Vernon, New York at which time and place the Board shall consider the following: ITEM # 1 ROLLCALL Present Chairman Davison Vice-Chair Anderson Board Member Afonso Board Member Castillo Board Member Scully Board Member Sloan-Fullan ITEM # 2 APPROVAL OF MINUTES 2.1 Approval of the minutes of the special meeting held on Tuesday October 21, 2014. Board Member Castillo motioned to adjourn. Second by Board Member Anderson. All in favor. ITEM # 3 CONTINUED PUBLIC HEARING 3.1 Calendar # 1709-Z 131-141 E. Third Street (Section 165.79, Block 3159, Lot 22) Located in the NB Zone and RMF 6.75 Zones. The application of Oneness Rehoboth Apostolic Church represented by attorney Jack Addesso, is requesting the following variances: The applicant is requesting the aforementioned variances to construct a new church and garage at this premise. • Use Variance. The applicant seeks to construct a new Church to be erected in a NB and RMF6.75 zoning district, where a church in not a permitted use by right. This is a deviation from the uses permitted within the NB zone. Page 1 of 7 City of Mount Vernon Zoning Board Minutes Meeting Date November 18, 2014 • Parking. The applicant is required to have 399 on-site parking spaces. The applicant is proposing 114 parking spaces in a new parking structure on-site, which can not exceed one story and 12’ in height. Variance required for RMF- 6.75 District – This is a deviation from dimensional regulations of the Zoning Code (§267-14M). • Proposed Church to be erected is located in NB Zoning District, where a church is not a permitted use by right. A Use Variance is REQUIRED. • Parting structure can not exceed on one story and 12’ in height. Variance required for RMF 6375 Districts. • Maximum Building coverage NB District - Permitted 60% RMF 6.75 - Permitted 40% Proposed 78% Proposed 99% Variance Required Variance Required • Impervious Surface Coverage NB District - Permitted 90% RMF 6.75 - Permitted 70% Proposed 83% Proposed 85% Variance Required • Front Yard Requirements NB District - Permitted ----RMF 6.75 - Permitted 20’ Proposed none Proposed none Variance Required • Side Yard Requirements NB District - Permitted ----RMF 6.75 - Permitted 3’ Proposed 17’-6” & 0’-0” Proposed none Variance Required • Rear Yard Requirements NB District - Permitted ----RMF 6.75 - Permitted 3’ Proposed none Proposed none Variance Required • Off Street Parking Required 399 spaces Proposed – 114 spaces Variance Required SEQRA Determination: This action is a coordinated “Unlisted Action”. Therefore the Zoning Board is the “Lead Agency. Therefore a SEQRA assessment must be determined prior to rending any decisions. The Chair reads the item into the record. Jack Addesso – States that the Board was waiting for communication from the Planning Board. Staff Long – The Planning Board was conflicted with the appropriateness of the proposed church and the proposed parking garage. The Planning Board has no recommendation at this time. Page 2 of 7 City of Mount Vernon Zoning Board Minutes Meeting Date November 18, 2014 Chairman Davison – We have heard your presentation at the last meeting and now would like to ask the public if there are any addition concerns in favor or against this application. Then we will ask the applicant to address any additional concerns from the public. Is there anyone here who would like to speak in favor or against this application? Let the record show no one has stepped forward. Jack Addesso – In summary, we gave our presentation at the last meeting and would like for this Board to consider approval for the variances requested. Chairman Davison – Would a member of the Board like to make a motion to conclude this public hearing? Board Member Castillo – Makes a motion to close public hearing. Vice Chair Anderson – Seconds Chairman Davison – All in favor. Motion carries. Mr. Addesso, we will go into deliberation at the end of this meeting. ITEM # 4 PUBLIC HEARING 4.1 Calendar # 1710-Z 12 Normandy Road (Section 159.63, Block 2001, Lot 7) One half of the property is located in the R1-7 residential district as an nonconforming single family dwelling, and the other half is located in Bronxville. The applicants propose to perform interior alterations to level 2 basement, on the first, second and attic floors. It also proposes to construct a power room addition to the building, modify the rear patios and stairs, and the front balcony, thus increasing the existing nonconformance. Variance Required: Rear setbacks permitted 25’-0” min Proposed: 18.3’ - A difference of 1.7’ Side setbacks permitted 7’-0 min Proposed 2.9’ – A difference of 4.1” Combined side setbacks permitted 18’-0 min Proposed 2.9’ - A difference of 15.1’ Impervious surface coverage permitted 45% Proposed 79% - A difference of 2% over the existing at 77%. Floor Area Ratio permitted 35SF Existing 73SF Proposed 74SF Page 3 of 7 City of Mount Vernon Zoning Board Minutes Meeting Date November 18, 2014 Note that no Building permit shall be issued that would result in an increase of a nonconformity as per Section 267-11 of the Mount Vernon Zoning Code without the approval of the Zoning Board of Appeals. SEQRA Determination: This action is a “Type II” therefore, ending the SEQRA process. The Chair reads the item into record. All the requirements and publication requirements have been met by the applicant. The Board did not receive any communications from any agencies. The applicant gives a brief summary of the application. They want to do renovations of the balcony, rear patio and stairs. The interior renovations began about two months ago, and the exterior would require additional review. Chairman Davison – What’s the goal of the project, before you did any work on it? The applicant explains they wanted to update the current layout to modern standards. The house was built in the mid 1920’s, and the ways the lots are configured are very unique. Chairman Davison – “This parcel is very unique, on a very unique block, so while you were doing this, I assume you were aware of all the zoning limitations on that parcel. Did that constrain you in any way in terms of the plans that you and your clients had for the property, if these restrictions hadn’t been in place, would there have been a larger plan then what you ultimately came up with. So the plans conform to the existing zoning?” The applicant answers yes. He continues to describe the house the way it’s currently designed. He also describes the location of where he wants to construct the powder room. Chairman Davison - Asks if there was a way to put the power room on the first floor in a manner that would conform with the zoning code? The applicant explains they could have, but they took the minimal size footprint and tried to find the place that would make the most since. Chairman Davison – So, you couldn’t install or put in a power room on the first floor that would be in conformance with the Mount Vernon City Code in manner that was consistent with the existing layout. Can you describe the considerations in which you tried to have the proposed plans confirm to the zoning code? Page 4 of 7 City of Mount Vernon Zoning Board Minutes Meeting Date November 18, 2014 The applicant explains they had many options, they tried to locate the room on Bronxville side, but the continuity of rooms within the existing structure made more since to come from the hallway to the powder room. Chairman Davison – Thank you, let me do the public portion of the meeting. Is there anyone from the public who would like to speak in support or opposition of this application? Let the record show, no one has stepped forward. Would someone like to make a motion to close public hearing? Board Member Anderson – So moved Board Member Castillo - Second Chairman Davison – All in favor. Motion carries. Chairman Davison – We will move to the deliberations from the first application 131-141 E. Third Street. We will go through the list of criteria’s for both Use and Area Variances. Chairman Davison reads all the Area Variance criteria into record and the Board Members discussed and rigorously reviewed the proposal based on the criteria identified by New York State Law. Chairman Davison reads all the Use Variance criteria into record and the Board Members discussed and rigorously reviewed the proposal based on the criteria identified by New York State Law. Board Member Castillo – Inquiries about the preservation of the front yard setback. Vice Chair Anderson – Makes a motion to accept Calendar # 1709-Z 131-141 E. Third Street. Staff Long – Before we do that, you need to do the SEQRA Declaration. Vice Chair Anderson – I would like to make a motion to declare a negative declaration regarding the SEQRA process. Board Member Castillo – Seconded the motion. Chairman Davison – All in favor Vice Chair Anderson - Makes a motion to accept Calendar # 1709-Z 131-141 E. Third Street. Board Member Castillo – Seconded the motion and included the condition that the applicant preserves the front yard setback so that proposed parking garage is aligned with the adjacent house. Page 5 of 7 City of Mount Vernon Zoning Board Minutes Meeting Date November 18, 2014 Chairman Davison – Let the record show that Mr. Addesso is shaking his head in a vertical direction in agreement with the condition. Chairman Davison – All in Favor. Except Board Member Scully, whose vote was “No” in disagreement with the approval of the application. Board Member Scully expresses that he thinks the Board has confused the presumption of municipalities favoring religious institutions and the size of the scope of this application. He recognized that there is the presumption in favor of these types of religious developments; however, in this particular case his concerns are the scale of all the variances that are being granted. He further states that he does not think the Board should have to grant all of these variances to save this type of development. His concern is not the improvement on the street, rather his major concern is the residential neighborhood itself, particularly with respect to parking. The parking proposed is for 199 spaces and the zone requires 399. When the church is in use, it is going to overwhelm the area with the overflow parking. Chairman Davison - Thank you. We have one last piece of business - 12 Normandy Road. The Chairman reads all the Area Variance criteria into record and the Board Members discussed and rigorously reviewed the proposal based on the criteria identified by New York State Law. Chairman Davison – Would anyone like to make a motion? Board Member Castillo – Makes a motion to approve Calendar # 1710-Z for Area Variances. Board Member Scully – Second All in favor. Motion granted. Meeting Adjourned Note: Work Sessions will be open to the public but closed to public participation subject to the Open Meetings Law, [§ 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 next regular meeting of the Zoning Board of Appeals, is scheduled to be held on Tuesday, December 16, 2014). Note: The Zoning Board will host its work session on November 12, 2014 at 4:00pm in the Memorial Room, City Hall Page 6 of 7 City of Mount Vernon Zoning Board Minutes Meeting Date November 18, 2014 Wendy Davis Zoning Board Secretary cc: Mayor Ernest D. Davis Jaime Martinez, Acting Commissioner Susanne Marino, Deputy Commissioner George Brown, City Clerk William Long, Planning Administrator Page 7 of 7 Building Department Lobby Press
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