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. 400 - 2018


        WHEREAS, 1025 OCR LLC, (the “Applicant”) has applied (the “Application”) to the Town to demolish two buildings and create 108 additional parking spaces on a 60,442 s.f. (1.39 acre) site for use by occupants of an offsite building (1025 Old Country Road) at the premises located at 19 State Street, Westbury and designated on the Nassau County Land and Tax Map as Section 11, Block 79, Lots 242-245, 253-256, 258, 259, 271-273, 313, 315-317 & 319 (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 September 6, 2018 for the site plan review (the “Public Hearing”), as authorized and directed by the Town Board pursuant to Resolution No. 368-2018, adopted on August 14, 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 29, 2018; and


        WHEREAS, the Town’s Department of Building Safety, Inspection and Enforcement (the “Building Department”) issued a Notice of Disapproval on March 29, 2018, citing the following items: (a) the proposed action provides for two (2) parking spaces along Brooklyn Avenue and nine (9) parking spaces along State Street within the required 10 foot front yard setback required pursuant to Town Code § 70-103(M); and (b) the proposed action requires Town Board approval pursuant to Town Code § 70-219(A); and


        WHEREAS, on June 20, 2018, pursuant to Appeal No. 20524, the Town of North Hempstead Board of Zoning Appeals (“BZA”) granted a variance to Town Code § 70-103(M); 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 concluded that the Application, including the demolition of the buildings and the creation of the 108 additional parking spaces,  constitutes an “unlisted” action pursuant to Section 617.2 (ak) of the SEQRA Regulations; and


        WHEREAS, the BZA has further determined that the Action 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 proposed Action will not (1) create a material conflict with an adopted land use plan or zoning regulations; (2) result in a change in the use or intensity of use of land; (3) impair the character or quality of the existing community; (4) have an impact on the environmental characteristics that caused the establishment of a Critical Environmental Area; (5) result in an adverse change in the existing level of traffic or affect existing infrastructure for mass transit, biking or walkway; (6) cause an increase in the use of energy and it fails to incorporate reasonably available energy conservation or renewable energy opportunities; (7) impact existing public or private water supplies or wastewater treatment utilities; (8) impair the character or quality of important historic, archaeological, architectural or aesthetic resources; (9) result in an adverse change to natural resources; (10) result in an increase in the potential for erosion, flooding or drainage problems; or (11) create a hazard to environmental resources or human health; 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 September 6, 2018, and afforded all interested persons the opportunity to be heard; and


        WHEREAS, this Board now wishes to render a decision on this Application.




        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 FEAF, 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


                  September 6, 2018


The vote on the foregoing resolution was recorded as follows:


Ayes:  Councilperson De Giorgio, Councilperson Russell, Councilperson Seeman, Councilperson Zuckerman, Supervisor Bosworth


Nays:  None


Absent:  Councilperson Ferrara, Councilperson Kaplan