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. 20 - 2018

A PUBLIC HEARING TO CONSIDER THE APPLICATION OF THE TOWN OF NORTH HEMPSTEAD FOR A CHANGE OF ZONE FOR THE PREMISES LOCATED AT 985 PROSPECT AVENUE, 987 PROSPECT AVENUE AND 215 BROOKLYN AVENUE, WESTBURY, NEW YORK AND DESIGNATED ON THE NASSAU COUNTY LAND AND TAX MAP AS SECTION 11, BLOCK 10, LOTS 29-31, 45 AND 46.

        WHEREAS, the Town of North Hempstead Community Development Agency (the "CDA”) issued a Request for Proposals for the purchase and redevelopment of 985 Prospect Avenue, 987 Prospect Avenue and 215 Brooklyn Avenue in Westbury; and

 

        WHEREAS, the winning submission, submitted by Euroamerican Funding Group. LLC, includes a 3-story mixed use building; and

 

        WHEREAS, the site of the proposed construction is currently zoned Business-A, which allows for the construction of a mixed use building, and Residence-C, which does not allow for the construction of a mixed use building; and

 

        WHEREAS, the Town of North Hempstead has filed a petition to (the “Petition”) to rezone (the “Change of Zone”) a 16,630 s.f. (0.38-acre) rectangular parcel located on the northwest corner of Prospect and Brooklyn Avenues consisting of five individual lots identified on the Nassau County Land and Tax Map as Section 11, Block 10, Lots 29, 30, 31, 45, 46 (the “Premises”), from ‘Residence-C’ to ‘Business-A’, in the New Cassel Overlay District, in order to construct 3-story mixed use building consisting of 10 senior apartments, a bank and a medical office; and

 

        WHEREAS, according to the Zoning Map of the Town of North Hempstead (the "Map"), the Premises are located within an area currently designated as Residence-C zoning district, in the New Cassel Overlay District; and

 

        WHEREAS, pursuant to a resolution duly adopted on December 19, 2017, the Town Board (the “Board”) of the Town of North Hempstead (the “Town”) authorized, pursuant to Town Code 70-238(B)(2), the publication of notice of hearing and the holding of a public hearing to consider the proposed Change of Zone pursuant to the Petition; and

 

        WHEREAS, proof of service of notice required by Town Code 70-238(B)(2) has been filed; and

 

        WHEREAS, the CDA has furnished proof of posting of a sign on the premises as required by Town Code 70-238(B)(3) and filed an affidavit as to the posting as required thereunder; and

 

        WHEREAS, pursuant to General Municipal Law § 239-m, the Nassau County Planning Commission (the “Commission”) was furnished with copies of the site plan and the Short Environmental Assessment Form (the “SEAF”); and

 

        WHEREAS, Pursuant to Resolution No. 10220-18, adopted January 25, 2018, the Commission recommended local determination; and

 

        WHEREAS, after notice duly given, a public hearing on the Change of Zone was held on January 30, 2018, affording all interested persons an opportunity to be heard (the “Public Hearing”); and

 

        WHEREAS, it is required that a “lead agency” be established to review this action pursuant to the rules and regulations for implementation of the New York State Environmental Quality Review Act as set forth in Section 617.6 of Title 6, Part 617 of the Official Compilation of Code, Rules and Regulations of the State of New York (the “SEQRA Regulations”); and

 

        WHEREAS, this Board, through action of the Town Department of Planning and Environmental Protection (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 December 15, 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 (A) the Action (i) will not create a material conflict with an adopted land use plan or zoning regulation, (ii) will have a moderate to large impact in the use or intensity of use of land in that the site was formerly used to store heavy equipment and for a motorcycle repair shop and the proposal to utilize the site for housing, a bank and for a medical office will result in more activity, (iii) will not impair the character or quality of the existing community, (iv)  will not result in a change to the existing air quality, (v) will not impair a Critical Environmental Area; (vi) will not result in an impairment of an historical, archaeological, architectural or aesthetic resource; (vii) will not substantially result in an adverse change to the existing level of traffic, (viii) will not cause an increase in the use of energy, (ix) will not have an impact on existing water supplies or wastewater treatment utilities, (x) will not result in an adverse change to natural resources, (xi) will not result in an increase in the potential for flooding and (xii) will not create a hazard to environmental resources or human health (the “Determinations and Negative Declaration”); and

 

        WHEREAS, the Board wishes to conclude 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; and

 

        WHEREAS, the Planning Department has reviewed the Change of Zone and recommends that it be approved; and

 

        WHEREAS, having carefully considered the petition, the testimony and other relevant evidence at the Public Hearing, and afforded all interested persons the opportunity to be heard, this Board now wishes to render a decision.

 

        NOW, THEREFORE, BE IT,

 

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

 

        RESOLVED that this Board hereby adopts the Planning Department’s Determinations and Negative Declaration, finding that the Change of Zone is an “unlisted action” which will not result in any significant adverse impact on the environment, based upon the analysis set forth in the SEAF, and upon the testimony and reports adduced at the Public Hearing; and be it further

 

        RESOLVED that this Board hereby authorizes the Planning Department to prepare, file, and distribute such documents as may be required pursuant to Section 617.12 of the SEQRA Regulations to effectuate the foregoing determinations and findings made pursuant to the SEQRA Regulations; and be it further

 

        RESOLVED that the Change of Zone is hereby adopted; and be it further

 

        RESOLVED that the Town Clerk is hereby authorized to publish and post, as required pursuant to Chapter 70 of the Town Code, a notice substantially in the form set forth below:

                                                        NOTICE OF ADOPTION

 

                        PLEASE TAKE NOTICE that the Town Board of the Town of North Hempstead at a public meeting of the Board held on January 30, 2018 at 7:30 P.M. on that day, at the Town Hall, 220 Plandome Road, Manhasset, New York, duly adopted a resolution to amend the zoning map of the Town of North Hempstead to reflect a change of zone, from ‘Residence-C’ to ‘Business-A’, of a 16,630 s.f. (0.38-acre) rectangular parcel located on the northwest corner of Prospect and Brooklyn Avenues consisting of five individual lots identified on the Nassau County Land and Tax Map as Section 11, Block 10, Lots 29, 30, 31, 45, 46, in order to construct 3-story mixed use building consisting of 10 senior apartments, a bank and a medical office.

 

Dated:        Manhasset, New York

 

                   January 30, 2018

 

                BY ORDER OF THE TOWN BOARD OF

                    THE TOWN OF NORTH HEMPSTEAD

            WAYNE H. WINK, JR.

               TOWN CLERK 

 

; and be it further

 

        RESOLVED that the Commissioner and the Zoning Administrator be, and hereby are, directed to take such other action as may be necessary to effectuate the foregoing.

 

Dated:        Manhasset, New York

 

                  January 30, 2018

 

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

 

 

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