Item Coversheet






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

RESOLUTION NO. 430 - 2017

A PUBLIC HEARING TO CONSIDER THE APPLICATION OF JAGJIT SINGH FOR A SPECIAL USE PERMIT FOR THE PREMISES LOCATED AT 3330-3340 HILLSIDE AVENUE, NEW HYDE PARK AND DESIGNATED ON THE NASSAU COUNTY LAND AND TAX MAP AS SECTION 9, BLOCK 481, LOT 434.

        WHEREAS,  Jagjit Singh (the “Applicant”) has applied to the Town for a permit (the “Special Use Permit”) pursuant to §§70-203(P) and 70-225 of the Code of the Town of North Hempstead (the “Town Code”) to reconfigure an existing gasoline service station, which includes self-service use, reconfiguring the gas pump islands, and constructing a steel canopy on a 12,000 square foot (0.27) acre parcel at 3330-3340 Hillside Avenue, New Hyde Park and identified on the  Nassau County Land and Tax Maps as Section 9, Block 481, Lot 434  (the "Application"); and

 

        WHEREAS, it has been determined that the Application is subject to consideration by the Town Board (the “Board”) of the Town of North Hempstead (the “Town”) under Town Code §§70-203(P) and 70-225; and

 

        WHEREAS, all necessary reports, recommendations, and comments on the Project have been filed with this Board by the Commissioner of Building, Safety, Inspection and Enforcement (the “Building Commissioner”) of the Town pursuant to Town Code §29A-5(B); and

 

        WHEREAS, the Town Clerk, pursuant to and in accordance with Town Code, has published notice of a public hearing scheduled for July 18, 2017  (the “Public Hearing”), as authorized and directed by the Town Board pursuant to Resolution No. 379-2017, adopted on June 27, 2017, to consider the Application; and

 

        WHEREAS, the Applicant, in the manner required by Town Code § 70-240(C), has furnished proof of service of notice of the Public Hearing to the affected property owners within a 200-foot radius of the Premises, and filed an affidavit as to the mailing of such notices as required thereunder; and

 

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

 

        WHEREAS, the Board of Zoning Appeals (the “BZA”), pursuant to Appeal 20185 heard on May 25, 2016, granted a variance to construct a canopy on the Premises within a required front yard setback; and

 

        WHEREAS, the Department of Planning and Environmental Protection (the “Planning Department”) has reviewed the Application and recommends its approval subject to the following conditions: (1) any future application to establish a convenience store must come back to the Board for a hearing; (2) all requirements for self-service operation found in § 70-203(P)(1) of the Town code are applicable to this Application (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 the reconstruction of a former gas station will not involve significant increases in water use, energy use, the generation of solid waste or sewage, or increases in site-generated traffic;  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.

 

        NOW, THEREFORE, BE IT

 

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

 

        RESOLVED that the Board 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, pursuant to Town Code §§70-203(P) and 70-225, the Application is hereby granted and the Permit is hereby approved subject to the Department Conditions; and be it further

 

        RESOLVED that a copy of this resolution shall be filed with the Town Clerk and the Building Commissioner, pursuant to Town Code §§70-203(P) and 70-225, is hereby authorized and directed to issue a building permit: (1) upon compliance with the application requirements as set forth in the Town Code; and (2) upon any other conditions or requirements imposed by any other governmental entity having jurisdiction over the Premises, except as herein above set forth, 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