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. 367 - 2018

A PUBLIC HEARING TO CONSIDER THE APPLICATION OF FAMILY REALTY CORP. FOR SITE PLAN REVIEW FOR THE PREMISES LOCATED AT 619, 633 & 635 DICKENS STREET, WESTBURY AND DESIGNATED ON THE NASSAU COUNTY LAND AND TAX MAP AS SECTION 10, BLOCK 61, LOTS 127, 134, 138, 3028-3033, 3054, 3055, 5072-5076.

        WHEREAS, Family Realty Corp. (the “Applicant”) has applied (the “Application”) to the Town to construct a 14,748 s.f. addition to a wastepaper recycling facility on a 3.38 acre site at the premises located at 619, 633 and 635 Dickens Street, Westbury and designated on the Nassau County Land and Tax Map as Section 10, Block 61, Lots 127, 134, 138, 3028-3033, 3054, 3055, 5072-5076 (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 August 14, 2018 on the Application (the “Public Hearing”), as authorized and directed by the Town Board pursuant to Resolution No. 314-2018, adopted on July 17, 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 August 10, 2018; and

 

        WHEREAS, the Town’s Department of Building Safety, Inspection and Enforcement (the “Building Department”) issued a Notice of Disapproval on September 10, 2015, citing the following items: (1) proposed 114 off-street parking spaces is less than the 161 off-street parking spaces required pursuant to  Town Code § 70-103.A; (2) proposed installation of parking spaces in the front yard along both Dickens Street and Grand Boulevard within the required ten foot front yard setback pursuant to Town Code § 70-103.M; (3) maintaining and expanding a building for recycling purposes requires approval pursuant to Town Code § 70-187K; (4) construction of an accessory building to be used as an elevated scale house requires approval pursuant to Town Code § 70-187O; (5) maintaining the construction of a one-story addition at the rear lot line instead of the 20 feet rear yard required by Town Code § 70-129B; (6) proposed installation of eight foot high fence along front lot line exceeds seven feet fence height pursuant to Town Code § 70-194; (7) maintaining existing five vehicle access gates and installation of one new access gate along front property line without minimum 18 feet set back from street line required pursuant to Town Code § 70-203J; and (8) proposed action requires Town Board approval pursuant to Town Code § 70-219(A); and

 

        WHEREAS, on May 11, 2016, pursuant to Appeal No. 20172, the Town of North Hempstead Board of Zoning Appeals (“BZA”) granted variances to the above-referenced code sections and granted the conditional uses; and

 

        WHEREAS, the Town’s Department of Building Safety, Inspection and Enforcement (the “Building Department”) issued a Notice of Disapproval on February 28, 2017, citing the following items: (1) the proposed construction of an addition with a height of 50 feet exceeds the 40 foot height permitted pursuant to Town Code § 70-109; and (2) the proposed action requires Town Board approval pursuant to Town Code § 70-219(A); and

 

        WHEREAS, on June 21, 2017, pursuant to Appeal No. 20359, the Town of North Hempstead Board of Zoning Appeals (“BZA”) granted variances to the above-referenced code sections, except Town Code § 70-219A; 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, the BZA has established itself as “lead agency” and has issued a Negative Declaration on January 10, 2018 determining 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 Full Environmental Assessment Form (the “FEAF”) for the reasons that the project will not involve significant increases in water use, traffic, energy use, or the generation of solid waste or sewage, that the project is appropriate for the zoning district and there is no appreciable change in the intensity of the use of the property; and

 

        WHEREAS, the Board wishes to concur in the BZA’s determination that the Action constitutes an “unlisted action” and not an excluded or exempt action as defined in Section 617.2 (p) or (q) of the SEQRA regulations and not included in statewide or individual agency lists of Type I or Type II actions, and which will not result in any significant adverse impacts on the environment; and

 

        WHEREAS, this Board has carefully considered the Application, testimony and other relevant evidence at the Public Hearing held on August 14, 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 the Board recognizes that the BZA has designated itself “lead agency” under the SEQRA Regulations for the Action; and be it further

 

        RESOLVED that the Board concurs in the BZA’s conclusion 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 SEAF, 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; 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:        Manhasset, New York

 

                  August 14, 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