WHEREAS, the Hillside Islamic Center (the “Applicant”) (the “Application”) has applied to the Town Board of the Town of North Hempstead (the “Town”) to construct a three-story 6,600 s.f. addition to an existing two-story 5,428 s.f. religious building, including expansion of the parking lot into three adjoining parcels and the installation of two new curb cuts, on a 0.9-acre lot located at 300 Hillside Avenue, New Hyde Park and identified on the Nassau County Land and Tax Map as Section 8, Block 3, Lots 6, 11 and 13 (the “Premises”); and
WHEREAS, it has been determined that the Application is subject to site plan review pursuant to § 70-219(A)(1)(a) and (e) of the Code of the Town of North Hempstead (the “Town Code”) for the construction of a building addition of greater than 750 s.f. and the addition of two curb cuts; 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”) of the Town of North Hempstead (the “Town”) pursuant to Town Code § 70-219(A)(2); and
WHEREAS, the Town Clerk, pursuant to and in accordance with Town Code § 70-219(F)(1), has published notice of a public hearing scheduled for June 6, 2023 for the site plan review (the “Public Hearing”), as authorized and directed by the Town Board pursuant to Resolution No. 273-2023, adopted on May 2, 2023, which hearing was continued to July 11, 2023, August 8, 2023, September 5, 2023, October 3, 2023, November 14, 2023, December 5, 2023 and further continued to January 9, 2024; 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 has complied with the sign notice requirements of § 70-219(F)(3), and filed an affidavit as to the mailing of such notices and posting of a sign as required thereunder; and
WHEREAS, the Town’s Department of Building Safety, Inspection and Enforcement (the “Building Department”) issued a Notice of Disapproval on August 15, 2022 citing the following items: (1) the application requires site plan review pursuant to Town Code § 70-219(A)(1)(a) for the construction of an addition to an existing structure of greater than 750 s.f. of floor area; and (2) the application requires site plan review pursuant to Town Code § 70-219(A)(1)(e) for a change in the number of site access/egress points, entrance/exit drives or curb cuts or a relocation of an existing access point by more than 20 feet; 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, by Resolution No. 10528-23, dated April 27, 2023, the Nassau County Planning Commission reviewed the case and deferred to the Town to take action as the Town deems appropriate; and
WHEREAS, the Town Department of Planning and Environmental Protection (the “Planning Department”) has reviewed the Application and recommends approval of same with the following conditions: 1) there shall be no tents or other occupied temporary structures permitted within the designated parking areas; 2) the Applicant shall channelize the proposed curb cut on North 2nd Street to prohibit left-turn egress; 3) the Applicant shall seek a lease, easement or other form of binding agreement for overflow parking spaces at an offsite location for a period of at least fifteen years and within one-half mile from the subject property; 4) the Applicant shall provide a parking attendant for at least one hour prior to the start of daily services for the purpose of managing the lot and directing motorists to any additional off-street parking areas; and 5) the Applicant shall provide a point of contact for addressing parking-related concerns; 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 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 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 April 21, 2023, and the Negative Declaration indicating that the action constitutes an “Unlisted Action” pursuant to Section 617.2(al) 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”) Parts 1, 2, and 3 (the “Determinations and Negative Declaration”) for the reasons stated in the SEAF; and
WHEREAS, this Board has carefully considered the Application, testimony and other relevant evidence at the Public Hearing held on June 6, 2023, July 11, 2023, August 8, 2023, September 5, 2023, October 3, 2023, November 14, 2023, December 5, 2023, and January 9, 2024, 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 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 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 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 subject to the conditions herein; and be it further
RESOLVED that a copy of this approval shall be filed with the Commissioner of Building Safety, Inspection and Enforcement (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 this Board or 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
January 9, 2024
The vote on the foregoing resolution was recorded as follows:
Ayes:
Nays: |