Item Coversheet

Councilperson Russell offered the following resolution and moved its adoption, which resolution was declared adopted after a poll of the members of this Board:

RESOLUTION NO. 429 - 2017


        WHEREAS, Haullium Presbyterian Church, Inc., (the “Applicant”) has applied to the Town to convert a vacant industrial building into a 12,981.85 square foot, 155-seat house of worship on a 30,100 square foot (0.69-acre) lot (the “Application”) at the premises located at 210-219 Westbury Avenue, Carle Place, and designated on the Nassau County Land and Tax Map as Section 10, Block 6, Lots 69 and 70 (the "Premises"); and


        WHEREAS, it has been determined that the Application is subject to site plan review pursuant to §70-219 of the Code of the Town of North Hempstead (the “Town Code”); and


        WHEREAS, all necessary reports, recommendations, and comments on the Project have been filed with this Board by the Commissioner of Planning and the Environment (the “Planning Commissioner”) of the Town of North Hempstead (the “Town”) pursuant to Town Code §70-219(A)(4); and


        WHEREAS, the Town Clerk, pursuant to and in accordance with Town Code §§70-219(F)(1) and 70-240(A), has published notice of a public hearing scheduled for July 18, 2017 for the site plan review (the “Public Hearing”), as authorized and directed by the Town Board pursuant to Resolution No. 347-2016, adopted on June 6, 2017; and


        WHEREAS, the Applicant has furnished proof of service of notice of the Public Hearing to the affected property owners within a 300-foot radius of the Premises as required by §70-219(F)(2) of the Town Code, and filed an affidavit as to the mailing of such notices as required thereunder; and


        WHEREAS, the Town’s Department of Building Safety, Inspection and Enforcement (the “Building Department”) issued a Notice of Disapproval on June 21, 2016, citing the following items: (1) the proposed action requires one hundred thirty (130) parking spaces pursuant to Town Code § 70-103(A), ninety-two (92) more than proposed; (2) the size of the parking spaces proposed are smaller than required by Town Code Section 70-103(B); and (3) a required landscaped area of at least fifteen (15) feet in depth, required pursuant to Town Code § 70-203(G), is not proposed; and


        WHEREAS, On March 22, 2017, pursuant to Appeal 20250, the Town of North Hempstead Board of Zoning Appeals (“BZA”) granted variances to Town Code §§ 70-103(A), 70-103(B), and 70.203(G) to convert a warehouse/office building to a religious use with insufficient off-street parking and parking stall dimensions, and to eliminate the required buffer; subject to the following conditions: (1) that the Applicant maintain, to the extent practicable, its arrangement with the property owners of 179 Westbury Avenue, Carle Place, allowing the use of up to ten (10) parking spaces against the north fence of 179 Westbury Avenue on Sundays only, as-needed, in exchange for the use of ten (10) spaces of the Church’s property on Monday through Friday during regular business hours; (2) that the Church provide written notice to the Board of Zoning and Appeals within twenty (20) days of termination of the arrangement; (3) the parking of commercial vehicles on the premises be prohibited, with the exception of cars owned or operated by the Applicant; (4) that no outdoor festivals or other outdoor gatherings be permitted at the Premises; (5) that the maximum occupancy of the main sanctuary be limited to 155 persons, as follows: Sanctuary A shall be limited to 32 persons, and Sanctuary B be limited to 51 persons; (6) the maximum occupancy of the multi-purpose room shall be limited to 80 guests and 10 employees; (7) the main sanctuary and multi-purpose room not be used at the same time; (8) at no time may there be more than 80 seats within the multi-purpose room; (9) for purposes of conditions 5 thru 8 this condition, a seat is defined as any place within the multi-purpose room where a guest may site and be served, whether or not a person is seated there; (10) the applicant shall obtain a Public Assembly License from the Building department prior to the issuance of a Certificate of Occupancy or Completion; (11) the applicant shall install a suitable refrigerated garbage locker within the building for all putrescible wastes; (12) there shall be no outdoor storage of putrescible waste generated by the proposed kitchen/multi-purpose room at any time; (13) the applicant shall arrange for indoor-pickup with a licensed sanitation collector and shall forward a copy of the contract to the Building Official prior to the issuance of a Certificate of Occupancy; (14) all exterior doors shall be of solid construction in any material permitted under the New York State Fire Prevention and Building Code, shall be equipped with self-closing hardware, and shall remain closed at all times except for ingress and egress; (15) no lighting shall be installed on the building or throughout the property facing the north, except for emergency lighting only to be illuminated on an as-needed basis, lighting fixtures within the parking lot shall be appropriately shielded so as not to cast excessive light or glare on adjoining residential properties; (16) there shall be no exterior window along the north elevation of the building; (17) signage stating “no parking of commercial vehicles” shall be erected in the parking lot; (18) no building permit shall be issued until the Applicant submits drawings signed and sealed by a Registered Architect that comply with the terms of these conditions; (19) Applicant shall comply with all laws, ordinances, rules, and regulations of all public authorities with jurisdiction over the premises and that no Certificate of Occupancy or Completion shall be issued until absolute compliance has been proven to the Commissioner of the Building Department (the “BZA Conditions”); and


        WHEREAS, the Nassau County Planning Commission, at its June 8, 2017 meeting and pursuant to Resolution No. 10174-17, recommended local determination; and


        WHEREAS, the Planning Department has reviewed the Application and recommends approval of same with the following conditions: (1) the applicant shall direct any overflow parking to the Town-owned parking lot, located at 480 Westbury Avenue, located east of Rushmore Avenue; (2) that a paved back-up space be provided at the end of each parking aisle; and (3) incorporation of all of the BZA Conditions (the “Department Conditions”); and


        WHEREAS, it is required that a “lead agency” be established to review the Action pursuant to the rules and regulations for implementation of the New York State Environmental Quality Review Act as set forth in Title 6, Part 617.6 (b) of the Official Compilation of Codes, Rules, and Regulations of the State of New York (“SEQRA Regulations”); and


        WHEREAS, this Board wished to establish itself as “lead agency,” and determine that the Action constitutes an “unlisted” action pursuant to Section 617.2 (ak) of the SEQRA Regulations and has further determined that the Action will not result in any significant adverse impacts on the environment based upon the analysis set forth in the Full Environmental Assessment Form Parts 1 and 2 (the “FEAF”) for the reasons that: (1) the site has undergone an extensive remediation overseen by the USEPA; (2) it has been confirmed that the site was removed from the Underground Injection Control Program and the proposed action is designed so as not to affect the cap; (3) the Applicant’s traffic and parking study concluded that the proposed use will not create undue congestion in the vicinity of the Premises and that the peak traffic generated by the church will not coincide with the peak traffic of neighboring uses; (4)  the building is not expected to ever be fully occupied since the various activities will be held at different times throughout the week; and (5) water availability has been confirmed via a Letter of Water Availability from the Carle Place Water District and a verification of sewer service from Nassau County Department of Public Works; and


        WHEREAS, this Board has carefully considered the Application, testimony and other relevant evidence at the Public Hearing held on July 18, 2017, and afforded all interested persons the opportunity to be heard; and


        WHEREAS, this Board now wishes to render a decision on this Application.




        RESOLVED that the Board hereby designates itself “lead agency” under the SEQRA Regulations for the Action; and be it further


        RESOLVED that the Board hereby determines that the Action is an “unlisted action” which will not result in any significant adverse impact on the environment, based upon the analysis set forth in the FEAF, and upon the testimony and reports adduced at the Public Hearing; and be it further


        RESOLVED that this Board finds that the Application and site plan are in compliance with Chapter 70 of the Town Code, and this Board further finds that the site plan is consistent with the spirit and intent of Town Code §70-219; and be it further


        RESOLVED that, pursuant to Town Code §70-219(B), the site plan is hereby approved subject to the BZA Conditions and the Department Conditions; and be it further


        RESOLVED that a copy of this approval shall be filed with the Commissioner of Building Safety, Inspection and Enforcement (the “Building Commissioner”), and the Building Commissioner is hereby authorized and directed to issue a building permit, upon compliance with the building permit application requirements as set forth in the Town Code, and any other conditions or requirements imposed by any other governmental entity having jurisdiction over the property, and to take such other action as may be necessary to effectuate the foregoing.


Dated:        Manhasset, New York


                   July 18, 2017


The vote on the foregoing resolution was recorded as follows:


Ayes:  Councilperson De Giorgio, Councilperson Ferrara, Councilperson Kaplan, Councilperson Russell, Councilperson Seeman, Councilperson Zuckerman, Supervisor Bosworth


Nays: None