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. 312 -2018

A PUBLIC HEARING TO CONSIDER THE APPLICATION OF NORTH HEMPSTEAD HOUSING AUTHORITY FOR SITE PLAN REVIEW FOR THE PREMISES LOCATED AT THE NORTHEAST CORNER OF GRAND STREET AND BROADWAY IN NEW CASSEL, NEW YORK AND DESIGNATED ON THE NASSAU COUNTY LAND AND TAX MAP AS SECTION 11, BLOCK 503, LOTS 47 AND 53.

        WHEREAS, the North Hempstead Housing Authority (the “Applicant”) has applied (the “Application”) to the Town to construct a two-story, seventy-seven (77) unit affordable senior housing facility on a 2.2 acre site at the premises located at the northeast corner of Grand Street and Broadway, New Cassel and designated on the Nassau County Land and Tax Map as Section 11, Block 503, Lots 47 and 53 (the "Premises"); and

 

        WHEREAS, it has been determined that the Application requires site plan review pursuant to Town Code § 70-219 (“Site Plan Review”); and

 

        WHEREAS, all necessary reports, recommendations, and comments on the Project have been filed with this Board by the Commissioner of Planning and Environmental Protection (the “Planning Commissioner”) 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 17, 2018 for the site plan review (the “Public Hearing”), as authorized and directed by the Town Board pursuant to Resolution No. 273-2018, adopted on June 5, 2018; 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 Nassau County Planning Commission (the “Commission”), pursuant to General Municipal Law § 239-m, received and reviewed copies of the site plan and recommended local determination via letter dated June 28, 2018; and

 

        WHEREAS, the Town’s Department of Building Safety, Inspection and Enforcement (the “Building Department”) issued a Notice of Disapproval on June 8, 2016, citing the following items: (1) the proposed ten-foot landscaped perimeter buffer along the east property line abutting Magnolia Gardens was less than the minimum perimeter buffer of 15 feet around all R-S communities required pursuant to Town Code § 70-95.8(A); (2) the proposed 1,000 s.f. of indoor amenities and 1,070 s.f. of outdoor amenities were significantly less than the required 6,400 s.f. of indoor amenities and 4,000 s.f. of outdoor amenities required by Town Code §70-95.10; (3) the proposed facility had one exterior access point without steps less than the minimum of two exterior access points without steps required pursuant to Town Code § 70-95.11.B; (4) the proposed facility did not provide for elevators to second story units as required by Town Code § 70-95.11.E; and (5) the proposed 76 off-street parking spaces are less than the 113 off-street parking spaces required by Town Code § 70-95.13.A and 70-103.A; and

 

        WHEREAS, on July 20, 2016, pursuant to Appeal No. 20222, the Town of North Hempstead Board of Zoning Appeals (“BZA”) granted variances to the above-referenced code sections; and

 

        WHEREAS, the Planning Department has reviewed the Application and recommends approval of same; 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 has issued a Negative Declaration that no further action under SEQRA is required; and

 

        WHEREAS, this Board has carefully considered the Application, testimony and other relevant evidence at the Public Hearing held on July 17, 2018, 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 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; and be it further

 

        RESOLVED that a copy of this approval shall be filed with the Commissioner of the Building Department (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:        New Hyde Park, New York

 

                  July 17, 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