WHEREAS, Marantha Roofing and Siding Supply (the “Applicant”) has applied (the “Application”) to the Town Board of the Town of North Hempstead (the “Town”) to legalize a 971 s.f. mezzanine in a 31,376 s.f. warehouse building on a 110,597 s.f. (2.539 acres) parcel located at 125 Voice Road, Carle Place and identified on the Nassau County Land and Tax Map as Section 9, Block 663, Lot 41 (the “Premises”); and
WHEREAS, it has been determined that the Application is subject to site plan review pursuant to § 70-219(A)(1)(a) of the Code of the Town of North Hempstead (the “Town Code”) for the construction of a new structure greater than 750 square feet; and
WHEREAS, all necessary reports, recommendations, and comments on the Project have been filed with this Board by the Department of Planning and Environmental Protection (the “Planning Department”) of 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 March 12, 2024 for the site plan review (the “Public Hearing”), as authorized and directed by the Town Board pursuant to Resolution No. 57-2024, adopted on February 6, 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 citing the following items requiring Town Board approval: (1) the application requires site plan review pursuant to Town Code § 70-219(A)(1)(a) for the construction of a new building or structure or addition to an existing structure of greater than 750 square 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; and
WHEREAS, by letter decision dated November 6, 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 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 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 February 21, 2024, 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 that: (1) the proposed action does not change the use of the property or the impervious area; (2) the proposed action will not result in an increase in traffic, energy usage, water or sewer demand, storm water or flooding; and (3) the proposed action is not anticipated to result in any environmental hazards; and
WHEREAS, this Board has carefully considered the Application, testimony and other relevant evidence at the Public Hearing held on March 12, 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; 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
March 12, 2024
The vote on the foregoing resolution was recorded as follows:
Ayes: Councilperson Dalimonte Councilperson Liu, Councilperson Scott, Councilperson Troiano, Councilperson Walsh, Supervisor DeSena.
Nays: None.
Absent: Councilperson Adhami. |