Item Coversheet

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

RESOLUTION NO. 431 - 2017


            WHEREAS, Ghotra Group, LLC (the "Applicant”) is seeking to perform alterations to an existing gasoline station, which includes converting to self-service, constructing a 1,770 square foot canopy over the pump islands, constructing an 887 square foot rear building addition and maintaining a 750-square foot convenience store on a 14,600 square foot parcel located at 650 Hillside Avenue, New Hyde Park, New York and identified on the Nassau County Land and Tax Map as Section 8, Block 9, Lots 6-10 (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. 380-2017, 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, by letter dated October 5, 2016, the Town has been informed that the Nassau County Planning Commission, following a review of the Application pursuant to General Municipal Law § 239-m, recommended local determination; and


        WHEREAS, the Board of Zoning Appeals (the “BZA”) pursuant to Appeal 20161 heard on July 20, 2016, permitted construction on the Premises of a canopy with insufficient front yard setback and no perimeter landscaping subject to no specific conditions; 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) there shall be a landscaped area of at least fifteen (15) feet in depth from the rear property line, which shall consist of a staggered double row planted with coniferous material of at least six-foot height placed no less than eight feet on center; (2) there shall not be operable overhead or loading bay doors that would allow the passage of vehicles from the repair shop to the rear parking area; (3) no building permit shall be issued until all outdoor storage and unapproved signage is removed; (4) the Premises may only be used for those activities authorized by the Town Board herein and no other entities, contractors or business enterprises may operate from this location nor shall any vehicles associated with such off-site businesses be stored on site (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, through action of the Planning Department pursuant to

Town Code §20-4, has established itself as lead agency and wishes to render a determination of significance pursuant to the SEQRA Regulations; and


        WHEREAS, the Board has reviewed the determination of the Planning Department dated July 13, 2017, and the Negative Declaration indicating that the Action constitutes an  “unlisted action” pursuant to Section 617.2 (ak) of the SEQRA Regulations which will not result in any significant adverse impacts on the environment based upon the analysis set forth in the Short Environmental Assessment Form (the “SEAF”) for the reasons that the canopy, building addition, convenience store and the conversion to self-service will not cause 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.




        RESOLVED that the Board declares 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