Minutes - Board
Meeting 09/10/08
Minutes of the meeting of the Board of Trustees of
the Incorporated Village of Mineola
held Wednesday, September 10, 2008 at Village Hall,
PRESENT:
Trustee
Trustee
Trustee
Trustee
ALSO PRESENT:
Village Attorney
Village Clerk
Village
Superintendent of
Buildings
Superintendent of
Public Works
Sunshine Observers: Approximately 13 Observers
Resolution No. 219-08
Resolved to approve bills and
payroll.
Motioned by Trustee
Seconded by Trustee
Vote:
Yes No Abstain
Trustee
Trustee
Trustee
Trustee
Resolution No. 220-08
Resolved to approve JRS
Architects Application.
NAME OF APPLICANT: JRS Architect, PC
SUBJECT PROPERTY: Section 9, Block 391, Lots
120, 122
STREET LOCATION: 285
ZONING DISTRICT: B-1 and R-1 District
RELIEF REQUESTED: Application For a Special
Use Permit pursuant to Section 30.31(B)(5) of the Village Code for the erection of a two-story commercial building
with a drive-up window
PUBLICATION & POSTING: All in accordance with applicable
laws, rules and regulations.
DATE OF HEARING: June 18, 2008
APPEARANCES:
IN SUPPORT:
DECISION:
JRS Architect, PC (hereinafter,
“Applicant”) is before this Board pursuant to Chapter 30, Section 30.31(B)(5)
of the Municipal Code of the Incorporated Village of Mineola (the “Code”) for a
special permit for the erection of a two-story commercial building with a
drive-up window upon the property known as 285 Jericho Turnpike, Mineola, New
York (known and designated on the Nassau County Land and Tax Map as Section 9,
Block 391, Lot 120, 122) (hereinafter, the “Property”).
By Notice of Disapproval, dated April 23, 2008, Applicant's building permit was denied. The Building Inspector determined that the
proposed application requires a special use permit from the Board of Trustees pursuant to
Chapter 30, Section 30.31(B)(5). As a
result, Applicant applied to the Board of Trustees for a special use permit.
During the public hearing, the following representations were
made by Applicant:
The property was previously
described as Section 9, Block 391, Lots 120, 122. Lot 120 is in the B-1 Zoning
District, while
The subject property is
presently improved with an Aamco Transmission Repair Shop.
* * * *
The property has been in
continuous commercial use, including the lot to the south (which is zoned
residential) for decades. The Aamco has
been there since 1962.
* * * *
Applicant is seeking one
variance from the Board of Zoning Appeals, and that is for the height of the
building.
* * * *
The building, as it is
proposed, will be approximately 120 feet from the Braster’s property. We’re
actually creating an additional 40 to 50 feet separation between the back of
the building and the nearest residential neighbor. It will certainly be higher
than the existing building.
* * * *
The entrance to the property
will be on
* * * *
There will not be an entrance
on Jericho Turnpike for traffic control reasons. The exit on Jericho Turnpike will be marked
“Right Turn Only”.
* * * *
There will be a drive-through
window on the east side of the building. There are two lanes here. One is a
bypass, so that a car can actually exit without waiting on line.
* * * *
There will be an ATM on the
building, at the rear of the building. It will be a 24-hour ATM that will
require an ATM card. There will be fencing along the entire building,
electronic fence, which will be closed after hours. You can get in through the
fence by swiping your ATM card.
* * * *
Applicant will be planting
trees. The trees will become mature trees and will help provide further
shielding of the bank from the property to the south.
* * * *
The bank hours will be 9AM to
3PM Monday to Friday and 9AM to 12PM Saturday.
The bank will have approximately five (5) employees.
* * * *
Applicant is proposing a
six-foot white fence that separates the property along the south and east side
and the planting will not be higher than the fence.
* * * *
The building will be fully
sprinkled and alarmed. Applicant has no problem providing a
* * * *
Applicant is willing to
install brick pavers around the perimeter of the building to match those
installed along Jericho Turnpike. Also,
Applicant will be replacing the utility strip with grass.
* * * *
Applicant will have a
dumpster on premises and it will be picked up only during business hours.
* * * *
The Applicant is proposing to
redo the asphalt, sidewalks and landscaping.
* * * *
The Applicant is flexible
with the hours of operation, especially on weekends.
* * * *
A referral of the application
was made to the Nassau County Planning Commission on July 7, 2008. The Nassau County Planning Commission has recommended
that this Board take whatever action it deems appropriate. Based upon the
evidence adduced at the public hearing, and the documentation submitted to the
Board in support of the application, the Board makes the following findings of
fact:
The Applicant is seeking a
special permit for the erection of a two-story commercial bank building with a
drive-up window upon the property known as 285 Jericho Turnpike, Mineola, New
York;
The property is known and
designated on the
The Board finds that the
proposed use is of such character, size, location, design and site layout as to
be appropriate to and in harmony with the surrounding properties.
Based upon the above
findings, it is hereby determined that the proposed use, subject to the
conditions stated below, is harmonious to and, will conform with the general
character of the neighborhood and that the public health, morals, safety and
general welfare of such neighborhood will be secured by the granting of the
requested Special Use Permit.
IT IS THEREFORE RESOLVED, that the Special Use Permit is GRANTED
subject to the following conditions:The premises shall be maintained in a clean
condition at all times;
Installation of a six (6)
foot white fence along the south and east perimeters accompanied with natural
plantings. The western twenty (20) feet of the south perimeter fence and
plantings shall only be four (4) feet in height;
The hours of operation for
the bank shall be 9:00AM to 3:00PM Monday through Friday, 9:00AM to 12:00PM on
Saturday and closed on Sunday;
All lighting shall be
designed such that it shall shine upon the premises only and shall be shielded
from neighboring residences;
Installation of anti-glare
glass on building façade;
The Jericho Turnpike exit
shall be right turn only. Applicant will install the necessary signage
including a stop sign accompanying the exit;
Installation of brick pavers
(same are as being installed throughout the Village) along the entire frontage
of Jericho Turnpike and wrapped around the corner of
Regular patrols of the
parking area to ensure parking compliance and security;
Installation of a Knox Box on
premises;
The Village shall not require
the installation of the sliding parking gate at this time. However, the Village reserves the right to
require its installation in the future;
The Village shall maintain
jurisdiction over the site. In the event
that Applicant requires modification, the Applicant shall make further
application before the Board of Trustees for an amendment of this approval or
the Board of Trustees shall direct such modification;
Each of these conditions is
material to the approval granted by the Board of Trustees. Violations of any of
them shall subject the applicant or it successors to enforcement pursuant to
the Village’s Municipal Code, including possible revocation of this special
permit;
The representations made by
Applicant on the record in this proceeding have been deemed material to this
application and have been relied upon by the Board of Trustees in its
deliberations and decisions. Said representations are deemed to be part of the
conditions of this special permit; and violation of a condition set forth in
this decision shall be deemed a violation of the Village Zoning Law and shall
subject the owner or occupant of the premises to all penalties set forth in the
Zoning Law.
Motioned by Trustee
Seconded by Trustee
Vote:
Yes No Abstain
Trustee
Trustee
Trustee
Trustee
Resolution
No. 221-08
Resolution approving the
annual request by the American Association of Retired Persons (AARP) – Mineola
Chapter 4202 for the use of the Village Hall Community Center auditorium and
one room to hold monthly meetings from 8:30 am until 1:00 pm, and the use of
one room for its Arts & Crafts Committee from 9:30 am – 12:00 pm, on the
following dates:
General Membership: Wednesday-
9/24/08, 10/29, 11/19, 1/28/09, 2/25,
3/25,
4/22, 5/27
Board of Directors Wednesday- 9/24/08, 11/19, 1/21/09, 3/25, 5/27, 6/10
Arts & Crafts: Tuesday- 9/16/08,
10/7, 10/21, 11/4, 11/18, 12/2, 12/16,
1/6/09, 1/20, 2/3, 2/17, 3/3, 3/17, 4/7,
4/21,
5/5,
5/19
Motioned by Trustee
Seconded by Trustee
Vote:
Yes No Abstain
Trustee
Trustee
Trustee
Trustee
Superintendent of Public
Works Thomas J. Rini presented a letter and petition from residents of
Resolution
No. 222-08
Resolved to authorize a
request for proposals for pool repairs.
Motioned by Trustee
Seconded by Trustee
Vote:
Yes No
Abstain
Trustee
Trustee
Trustee
Trustee
Resolution No. 223-08
Resolved to declare an
emergency and award repair contract without public bidding for the Wilson Park
Hockey Rink.
Motioned by Trustee
Seconded by Trustee
Vote:
Yes No Abstain
Trustee
Trustee
Trustee
Trustee
Resolution
No. 224-08
Resolved to approve a
contract with Standard Valuation Services to provide annual updates to
assessment roll valuation data to preserve
Motioned by Trustee
Seconded by Trustee
Vote:
Yes No Abstain
Trustee
Trustee
Trustee
Trustee
Resolution
No. 225-08
Resolved to approve the
Winthrop University Hospital Parking Garage Application.
NAME OF APPLICANT:
SUBJECT PROPERTY: Section 9, Block 433, Lots
28A, 35A, 28B, 35B, 36-61.
STREET LOCATION:
ZONING DISTRICT: Business
"B-3" District
RELIEF REQUESTED: Application
For a Special Permit pursuant to Chapter 30, Section 30.5
PUBLICATION & POSTING: All in accordance with applicable laws, rules and
regulations.
DATE OF HEARING: August 13, 2008
APPEARANCES:
IN SUPPORT:
DECISION:
Winthrop University Hospital
(hereinafter, “Applicant”) is before this Board pursuant to Chapter 30, Section
30.5 of the Municipal Code of the Incorporated Village of Mineola for a special
permit for the three-deck expansion of an existing parking garage upon the
property known as 268 Old Country Road, Mineola, New York (known and designated
on the Nassau County Land and Tax Map as Section 9, Block 28A, 35A, 28B, 35B,
35-61) (hereinafter, the “Property”).
By Notice of Disapproval,
dated June 24, 2008, Applicant's building permit was denied. The Building Inspector determined that the
proposed application is contrary to the Village’s zoning regulations,
specifically: expansion of a parking lot or garage requires a special permit
and building height exceeds that permitted in the zoning district. As a result
of the application’s noncompliance with zoning code regulations with respect to
building height, Applicant was entitled to seek relief before the Zoning Board
of Appeals for a height variance. In the
alternative, Applicant could obtain the same relief from the Board of Trustees
pursuant to Chapter 30, Section 30.5 under the Village’s development incentive
bonus law.
Applicant made an application
to the Board of Trustees for the required relief sought pursuant to the
Village’s development incentive bonus law and presented its application on July
9, August 13 and September 10, 2008.
During the public hearing, the following representations
were made by Applicant:
Applicant is proposing a
parking garage expansion at the northwest corner of
* * * *
The application is for the
addition of 712 parking spaces to the existing 632 spaces at
* * * *
Applicant completed a parking
study with inventories on Tuesday, July 15, between the hours of 8AM to 7PM.
Occupancy peaked overall from 10AM through 2PM. Several facilities were 100
percent filled, or more than completely filled.
* * * *
Traffic moving west on Old
Country Road will now be accepted at the 268 Old Country Road parking facility
because of the additional spaces. This
will reduce movement through the critical intersection of
* * * *
The
* * * *
The Applicant has adequate
facilities to address the parking needs during construction. Applicant is
renting spaces at the BookSpan facility on
* * * *
Applicant anticipates an 18
month period for construction. Applicant does not anticipate any overnight
construction. Applicant will be
displacing approximately 300 cars at a time.
But will be relocating them to other locations and busing people back
and forth.
* * * *
Applicant has no intention of
installing cell phone towers or other telecommunication antennas on the site.
* * * *
The following amenities were
proposed by Applicant in exchange for the relief requested:
* * * *
The applicant shall surrender
any and all property rights pertaining to the property known and designated on
the
Applicant will remove the
existing parking structure located upon the property known and designated as
Section 9, Block 414,
The Board of Trustees
determined that the proposed expansion of the parking garage was an Unlisted
Action under the State Environmental Quality Review Act with no significant
negative impact upon the environment.
Thereafter, a referral of the application was made to the Nassau County
Planning Commission. The Nassau County
Planning Commission has recommended that this Board take whatever action it
deems appropriate. Based upon the evidence adduced at the public hearing, and
the documentation submitted to the Board in support of the application, the
Board makes the following findings of fact:
Applicant intends to expand
the existing parking facility located at
The development will add 712
new parking spaces to the existing 632 spaces at
The site is situated in the
B-3 District;
The proposed development is
ancillary to and accessory to the existing Hospital operation and its
construction will not itself generate any additional parking requirements;
There will be no significant
impact upon public utilities;
The application does not
involve a change of use of the underlying property;
A parking study was prepared
by the Applicant and demonstrates that the expansion of the parking garage will
accommodate vehicles which are currently impacting the Village’s downtown
business district and neighboring residential communities;
A traffic study was also
prepared by the Applicant and indicates that favorable traffic pattern changes
would occur in the Village’s downtown business district as a result of
diverting parking trips to the expanded facility;
The height of the proposed
building will not alter the character of the neighborhood.
The public amenities to be
provided by the Applicant constitutes an appropriate qualification for the incentive
bonus sought.
Based upon the above
findings, it is hereby determined that the granting of the Application,
requesting a special permit pursuant to Section 30.5 of the Village Code for
development incentive bonuses according to which the applicant offers certain
community benefits and amenities in exchange for the Board of Trustees granting
relief from certain zoning code regulations, shall advance the Village’s
specific physical, cultural and social policies in accordance with the
Village’s comprehensive plan and in coordination with community planning
mechanisms and land use techniques. Further, it is hereby determined that the
Special Permit will provide a desirable facility to the area, will promote the
revitalization of the Village’s Downtown and will not be incongruous to the
neighborhood by reason of excessive traffic.
IT IS THEREFORE RESOLVED, that the Special Permit
is GRANTED subject to the following conditions: The premises shall be
maintained in a clean condition at all times;
Applicant shall surrender any
and all property rights pertaining to the property known and designated on the
Nassau County Land and Tax Map as Section 9, Block 414, Lot 320 and described
in the Amended and Restated Air Rights Lease, dated April 27, 2007;
Applicant shall remove the
existing parking structure located on the property known and designated on the
Nassau County Land and Tax Map as Section 9, Block 414, Lot 320 and described
in the Amended and Restated Air Rights Lease, dated April 27, 2007 down to raw grade
at the Applicant’s own cost and expense;
A Knox Box shall be installed
on the site;
Each of these conditions is
material to the approval granted by the Board of Trustees. Violations of any of
them shall subject the applicant or its successors to enforcement pursuant to
the Village’s Municipal Code, including possible revocation of this special
permit.
The representations made by
the Applicant on the record in this proceeding have been deemed material to
this application and have been relied upon by the Board of Trustees in its
deliberations and decisions. Said representations are deemed to be a part of
the conditions of this special permit; and
Violation of a condition set
forth in this decision shall be deemed a violation of the Village Zoning Law
and shall subject the owner or occupant of the premises to all penalties set
forth in the Zoning Law; and
This special permit also
constitutes site plan approval and architectural approval of the application
subject to approval of final architectural features.
Motioned by Trustee
Seconded by Trustee
Vote:
Yes No Abstain
Trustee
Trustee
Trustee
Trustee
Resolution
No. 226-08
BE IT RESOLVED that the Board
of Trustees joins with the Fire Council of the Mineola Volunteer Fire
Department in stating that it has not engaged in any acts of discrimination,
whether with reference to age, religion, gender, race, disability or otherwise,
and that the the Board of Trustees will not admit to any such discrimination in
settlement of any legal actions or proceedings brought by or on behalf of any
of members of the Mineola Volunteer Fire Department.
Motioned by Trustee
Seconded by Trustee
Vote:
Yes No Abstain
Trustee
Trustee
Trustee
Trustee
Resolution
No. 227-08
Be it resolved that the Board
of Trustees directs the Village’s Special Counsel not to settle an age
discrimination action brought by the EEOC on behalf of nine members of the
Mineola Volunteer Fire Department upon the terms proposed by the EEOC and that
Special Counsel is directed to continue in its defense of the Board of Trustees
and the Mineola Volunteer Fire Department.
Additionally, the Board of Trustees shall await the outcome of a pending
lawsuit in the United States District Court, Eastern District, involving the EEOC
and the Incorporated Village of Valley Stream prior to formulating a course of
action with respect to the Village’s Length of Service Award Program (LOSAP)
since the issues in that case are comparable to those raised against Mineola.
Motioned by Trustee
Seconded by Trustee
Vote:
Yes No Abstain
Trustee
Trustee
Trustee
Trustee
Mayor Martins requested a motion to go into Executive
Session at 8:35 PM.
Motioned by Trustee
Seconded by Trustee
Vote:
Yes No Abstain
Trustee
Trustee
Trustee
Trustee
Mayor Martins requested a motion to come out of
Executive Session at 10:20 PM.
Motioned by Trustee
Seconded by Trustee
Vote:
Yes No Abstain
Trustee
Trustee
Trustee
Trustee
Mayor Martins requested a motion to close the meeting
at 10:35 PM.
Motioned by Trustee
Seconded by Trustee
Vote:
Yes No Abstain
Trustee
Trustee
Trustee
Trustee