Resolution Approving Application of Northshore Millbrook LLC

Home Resolution Approving Application of Northshore Millbrook LLC

RESOLUTION APPROVING APPLICATION OF

NORTHSHORE MILLBROOK  LLC

 

            WHEREAS, the Board of Trustees of the Village of Great Neck (“Board”) has held public hearings with respect to an application by Northshore Millbrook LLC (“Millbrook”) for: (i) approval to demolish 34 residential units at 240-250 Middle Neck Road (the “site”) (now containing 119 residential apartment units of which 85 residential apartment units to remain following demolition);(ii) the construction of 101 new residential units; (iii) architectural and site plan approval; (iv) a 110 car parking waiver, (v) a height increase of two feet above the 42 feet otherwise permitted in the zone, and (vi) a fourth story for two of the new buildings being constructed, all in connection with the development of the site as a  one hundred eighty-six total (186) unit multiple residence (the “application” or “project”), and

 

            WHEREAS, the public hearings with respect to the application has been duly noticed, held, and closed, and

 

WHEREAS, the Board has given full consideration to all comments submitted with respect to such application during the said public hearings, and

 

            WHEREAS, the Board has consulted with its Village Attorney and other zoning and planning and traffic consultants concerning the said application, the Village’s legal obligations, and applicable legal principles, and

 

            WHEREAS, the Board is an Involved Agency with respect to review of the environmental impact of the project pursuant to the State Environmental Quality Review Act (SEQRA), and

 

            WHEREAS, the Board heretofore and hereby has (a) conducted a coordinated SEQRA review process which culminated in the designation of the Board as SEQRA Lead Agency, (b) classified the project as an Unlisted Action, (c) reviewed and considered an extensive and extended consideration of potential environmental impacts, (d) given due consideration to the reports of Cameron Engineering, and

 

            WHEREAS, the Board’s consideration of this project has included all of the many comments made by the public, and others, at the various public hearings, and the Board has given due consideration to the issues raised at those hearings, including, without limitation, traffic issues, impact on the public schools, impact on property tax revenues, compatibility of the proposed use with uses on surrounding properties and the neighborhood and community, demands on public services and infrastructure local housing needs, long and short term financial and other concerns, and

 

           

            WHEREAS, the Board has considered comments and evidence in the public realm of the need and desire for apartments in Nassau County and on Long Island in order to enhance communities, retain seniors in the community, attract millennials and younger persons in the workforce to a community who do not desire single family home ownership; and     

 

            WHEREAS, after completion of all proceedings required by law precedent to taking such action, the Board hereby finds there is no material adverse impact on the environment and hereby makes a SEQRA Negative Declaration, and

 

            WHEREAS, pursuant to General Municipal Law §239-m, the Board had referred the application to the Nassau County Planning Commission for its review and recommendation, and the Nassau County Planning Commission has recommended that the Board take action as it deems appropriate, the Commission having no objections or recommended modifications, and

           

            WHEREAS, all required legal prerequisites to the Board taking action with respect to the  application have been completed, and

 

            NOW, THEREFORE, BE IT

 

            RESOLVED, that the Board of Trustees finds and concludes as follows:

 

  1. this Board has heretofore made a SEQRA classification of “Unclassified,” and has further concluded that there is no significant adverse effect on the environment as a result of the Project.
  2. this Board having taken Site Plan jurisdiction pursuant to its Resolution of January 16, 2018, and the portion of the application which requests site plan approval having been reviewed by the Building Superintendent and having been recommended by him for approval, such portion of the application is hereby approved pursuant to the site plan now on file with the Building Department; and
  3. this Board having taken Architectural Design jurisdiction pursuant to its Resolution of January 16, 2018, and the portion of the application which requests architectural design approval having been reviewed by the Building Superintendent and having been recommended by him for approval, such portion of the application is hereby approved pursuant to the specifications now on file in the Building Department; and 
  4. the proposed project use of the subject property for one hundred eighty-six (186) unit apartment complex will, coupled with a parking waiver, an increase in the building height by two (2) feet above the maximum forty-two (42) feet, and a fourth story for two of the new buildings being constructed, will comply with the Village Code requirements for development and use of property in the Middle Neck Road Multifamily Incentive Overlay District (“MNR-MIO”) zoning district when approved by the Board of Trustees;
  5. This Board concludes, pursuant to Art XXXI and XXXII of its Code, that the project (as detailed in the plans and specifications now on file with the Building Department, together with the representations by the applicant during the public hearing) constitutes an opportunity to advance the specific physical, cultural and social housing policies of the Village, and finds that the project meets the criteria contained within said Code Articles, and therefore expressly approves the grant of those incentives, bonuses and/or adjustments to zoning restrictions otherwise necessary to the project as currently proposed, including a waiver of parking restrictions and height limitations as proposed by the applicant.
  6. This Board further finds that, in accordance with Code 575-287(C), and at the request of the applicant, certain amenities to the Village which might otherwise have been offered by the applicant are not immediately feasible and otherwise not practical for the applicant to provide, and that in lieu thereof, the applicant shall make a payment to the Village of the sum of $354,698, which sum has been agreed between the Village and the applicant as meeting the obligations of Code 575-280(C)(1), and shall be deposited in a trust fund to be used by the Board exclusively for specific community amenities that could be applied throughout the Village as authorized by the Board of Trustees.
  7. That the density proposed for the Project, when completed, will be less than -the maximum density under Section 575-110 of the Village Code and therefore is not subject to the Long Island Workforce House Act.

 

and it is further

 

            RESOLVED, that the application for approval of the project as a one hundred eighty-six (186) unit apartment complex by the demolition of certain existing buildings and the construction of new buildings, is hereby approved, subject to the following conditions, all of which are deemed to be material and essential to the approval such that failure to conform to any of such conditions will render this approval, and any permits issued pursuant hereto, to be null and void:

 

  1. The project (demolition of certain buildings and construction of others, resulting in a 186 unit complex, with parking and height waiver, all as detailed in the application of Millbrook of September 14, 2017, its amended application of May 24, 2018, and the plans and specifications now on file in the Building Department), is approved pursuant to the applicable provisions of Village Code XXXI and XXXII, and shall conform to all other applicable provisions of Village Code Chapter 575.
  2. All development shall be as specified on the plans presented to and reviewed by the Board of Trustees with respect to the application, with revisions through this date, including those site plan and architectural design documents presented to and reviewed by this Board and now on file with the Building Department.  

 

 

  1. Once the project is completed, certificates of occupancy are issued and the project is 75% occupied, and in express recognition of the waiver of otherwise applicable parking requirements by this Board, Millbrook will provide to all New Unit tenants an amenity package (“Amenity”) that shall include shuttle service between the site and the Great neck Plaza Train station. Millbrook will contract with a third party operator (Operator) to provide said shuttle service.  The payment of an Amenity Fee shall be mandatory for all New Unit tenants and shall be payable together with the payment of rent under the term of the New Unit tenant leases (“Lease”). The Amenity fee shall be paid in two parts. The first part shall be paid to Millbrook for the Amenities to be provided to the New Unit tenants and shall include, but not limited to, use of the pool and exercise facilities. The second part of the Amenity fee shall be payable to the Operator of the shuttle and collected by Millbrook on their behalf. Failure to pay any part of the Amenity Fee shall be a material breach of the Lease agreement. The Operator will not share, and will not have shared at any time, any common ownership interest with Millbrook or its agents. The Operator will charge the tenants at a market rate fee for the shuttle service and the full charge will go to the Operator.  Pursuant to an Operating Agreement that remains subject to the further approval of the Village, the shuttle will provide service on weekdays, excluding holidays, between the property and the train station.  Such Operating Agreement shall be for a term not to be less than 3 years. At the end of year three year minimum period of service, if ridership is less than 35 people per day, the Operator shall make application to the Board of Trustees to limit, suspend or terminate the service. In addition, if the occupancy of Millbrook drops below 90% for 6 months, the Operator will have the right to apply to the Board of Trustees to limit, suspend or terminate the shuttle service during the initial three year term.        

 

  1. During the course of review and approval of building permit plans, or supervision and inspection of construction, the Building Department may permit minor and insubstantial variations in the approved plans.

 

  1. The maximum number of residential units shall be one hundred eighty-six (186) units, inclusive of the 101 new units to be constructed pursuant to this application.

 

  1.  The development of the subject property shall comply with all other representations made in the application and/or at the public hearings.

 

  1. The development and use of the subject property at all times shall comply with all Village Code housing requirements.

 

  1. The applicant and owner, and any successors in interest, shall apply for and obtain all required building permits, and complete all prerequisites for such permit issuance as provided in this resolution, within twelve (12) months after this date, or within such longer period of time as may be approved by the Board of Trustees without a hearing.  Failure to comply with this condition shall render this determination null and void at the option of the Board of Trustees.  In granting any extension of time, the Board of Trustees may impose reasonable fees and/or conditions.

 

  1. The applicant and owner, and any successors in interest, shall substantially complete all required construction, and obtain all required or necessary certificates of completion and/or certificates of occupancy within thirty-six (36) months after issuance of the first building permit, or such longer period of time as may be approved by the Board of Trustees without a hearing.  In granting any extension of time, the Board of Trustees may impose reasonable fees and/or conditions.

 

  1. 10.  In the event the Village reasonably determines that it requires the assistance of professional consultants for inspection of construction, the applicant, and any successors in interest, shall promptly reimburse the Village for the reasonable costs of such consultants.  The Village may require advance deposits in amounts determined by the Village Administrator, to be applied to payment or reimbursement of such expenses, and such deposits shall be made with the Village within fourteen (14) days after written notice from the Village.  The Village may apply any such amounts in payment or reimbursement of such purposes.  Upon the conclusion of construction, and issuance of all required certificates of occupancy and completion, the party depositing such funds, or any other person entitled thereto, may apply to the Board of Trustees for refund of any remaining balance in such deposit amount.  In the event no such application is made within three (3) months after the date on which such application may first be made, any remaining balance in such fund shall become the property of the Village.

 

  1. 11.  Reserved

 

12. Reserved

 

13. Reserved

 

RESOLUTION APPROVING APPLICATION OF

NORTHSHORE MILLBROOK  LLC

 

            WHEREAS, the Board of Trustees of the Village of Great Neck (“Board”) has held public hearings with respect to an application by Northshore Millbrook LLC (“Millbrook”) for: (i) approval to demolish 34 residential units at 240-250 Middle Neck Road (the “site”) (now containing 119 residential apartment units of which 85 residential apartment units to remain following demolition);(ii) the construction of 101 new residential units; (iii) architectural and site plan approval; (iv) a 110 car parking waiver, (v) a height increase of two feet above the 42 feet otherwise permitted in the zone, and (vi) a fourth story for two of the new buildings being constructed, all in connection with the development of the site as a  one hundred eighty-six total (186) unit multiple residence (the “application” or “project”), and

 

            WHEREAS, the public hearings with respect to the application has been duly noticed, held, and closed, and

 

WHEREAS, the Board has given full consideration to all comments submitted with respect to such application during the said public hearings, and

 

            WHEREAS, the Board has consulted with its Village Attorney and other zoning and planning and traffic consultants concerning the said application, the Village’s legal obligations, and applicable legal principles, and

 

            WHEREAS, the Board is an Involved Agency with respect to review of the environmental impact of the project pursuant to the State Environmental Quality Review Act (SEQRA), and

 

            WHEREAS, the Board heretofore and hereby has (a) conducted a coordinated SEQRA review process which culminated in the designation of the Board as SEQRA Lead Agency, (b) classified the project as an Unlisted Action, (c) reviewed and considered an extensive and extended consideration of potential environmental impacts, (d) given due consideration to the reports of Cameron Engineering, and

 

            WHEREAS, the Board’s consideration of this project has included all of the many comments made by the public, and others, at the various public hearings, and the Board has given due consideration to the issues raised at those hearings, including, without limitation, traffic issues, impact on the public schools, impact on property tax revenues, compatibility of the proposed use with uses on surrounding properties and the neighborhood and community, demands on public services and infrastructure local housing needs, long and short term financial and other concerns, and

 

           

            WHEREAS, the Board has considered comments and evidence in the public realm of the need and desire for apartments in Nassau County and on Long Island in order to enhance communities, retain seniors in the community, attract millennials and younger persons in the workforce to a community who do not desire single family home ownership; and     

 

            WHEREAS, after completion of all proceedings required by law precedent to taking such action, the Board hereby finds there is no material adverse impact on the environment and hereby makes a SEQRA Negative Declaration, and

 

            WHEREAS, pursuant to General Municipal Law §239-m, the Board had referred the application to the Nassau County Planning Commission for its review and recommendation, and the Nassau County Planning Commission has recommended that the Board take action as it deems appropriate, the Commission having no objections or recommended modifications, and

           

            WHEREAS, all required legal prerequisites to the Board taking action with respect to the  application have been completed, and

 

            NOW, THEREFORE, BE IT

 

            RESOLVED, that the Board of Trustees finds and concludes as follows:

 

  1. this Board has heretofore made a SEQRA classification of “Unclassified,” and has further concluded that there is no significant adverse effect on the environment as a result of the Project.
  2. this Board having taken Site Plan jurisdiction pursuant to its Resolution of January 16, 2018, and the portion of the application which requests site plan approval having been reviewed by the Building Superintendent and having been recommended by him for approval, such portion of the application is hereby approved pursuant to the site plan now on file with the Building Department; and
  3. this Board having taken Architectural Design jurisdiction pursuant to its Resolution of January 16, 2018, and the portion of the application which requests architectural design approval having been reviewed by the Building Superintendent and having been recommended by him for approval, such portion of the application is hereby approved pursuant to the specifications now on file in the Building Department; and 
  4. the proposed project use of the subject property for one hundred eighty-six (186) unit apartment complex will, coupled with a parking waiver, an increase in the building height by two (2) feet above the maximum forty-two (42) feet, and a fourth story for two of the new buildings being constructed, will comply with the Village Code requirements for development and use of property in the Middle Neck Road Multifamily Incentive Overlay District (“MNR-MIO”) zoning district when approved by the Board of Trustees;
  5. This Board concludes, pursuant to Art XXXI and XXXII of its Code, that the project (as detailed in the plans and specifications now on file with the Building Department, together with the representations by the applicant during the public hearing) constitutes an opportunity to advance the specific physical, cultural and social housing policies of the Village, and finds that the project meets the criteria contained within said Code Articles, and therefore expressly approves the grant of those incentives, bonuses and/or adjustments to zoning restrictions otherwise necessary to the project as currently proposed, including a waiver of parking restrictions and height limitations as proposed by the applicant.
  6. This Board further finds that, in accordance with Code 575-287(C), and at the request of the applicant, certain amenities to the Village which might otherwise have been offered by the applicant are not immediately feasible and otherwise not practical for the applicant to provide, and that in lieu thereof, the applicant shall make a payment to the Village of the sum of $354,698, which sum has been agreed between the Village and the applicant as meeting the obligations of Code 575-280(C)(1), and shall be deposited in a trust fund to be used by the Board exclusively for specific community amenities that could be applied throughout the Village as authorized by the Board of Trustees.
  7. That the density proposed for the Project, when completed, will be less than -the maximum density under Section 575-110 of the Village Code and therefore is not subject to the Long Island Workforce House Act.

 

and it is further

 

            RESOLVED, that the application for approval of the project as a one hundred eighty-six (186) unit apartment complex by the demolition of certain existing buildings and the construction of new buildings, is hereby approved, subject to the following conditions, all of which are deemed to be material and essential to the approval such that failure to conform to any of such conditions will render this approval, and any permits issued pursuant hereto, to be null and void:

 

  1. The project (demolition of certain buildings and construction of others, resulting in a 186 unit complex, with parking and height waiver, all as detailed in the application of Millbrook of September 14, 2017, its amended application of May 24, 2018, and the plans and specifications now on file in the Building Department), is approved pursuant to the applicable provisions of Village Code XXXI and XXXII, and shall conform to all other applicable provisions of Village Code Chapter 575.
  2. All development shall be as specified on the plans presented to and reviewed by the Board of Trustees with respect to the application, with revisions through this date, including those site plan and architectural design documents presented to and reviewed by this Board and now on file with the Building Department.  

 

 

  1. Once the project is completed, certificates of occupancy are issued and the project is 75% occupied, and in express recognition of the waiver of otherwise applicable parking requirements by this Board, Millbrook will provide to all New Unit tenants an amenity package (“Amenity”) that shall include shuttle service between the site and the Great neck Plaza Train station. Millbrook will contract with a third party operator (Operator) to provide said shuttle service.  The payment of an Amenity Fee shall be mandatory for all New Unit tenants and shall be payable together with the payment of rent under the term of the New Unit tenant leases (“Lease”). The Amenity fee shall be paid in two parts. The first part shall be paid to Millbrook for the Amenities to be provided to the New Unit tenants and shall include, but not limited to, use of the pool and exercise facilities. The second part of the Amenity fee shall be payable to the Operator of the shuttle and collected by Millbrook on their behalf. Failure to pay any part of the Amenity Fee shall be a material breach of the Lease agreement. The Operator will not share, and will not have shared at any time, any common ownership interest with Millbrook or its agents. The Operator will charge the tenants at a market rate fee for the shuttle service and the full charge will go to the Operator.  Pursuant to an Operating Agreement that remains subject to the further approval of the Village, the shuttle will provide service on weekdays, excluding holidays, between the property and the train station.  Such Operating Agreement shall be for a term not to be less than 3 years. At the end of year three year minimum period of service, if ridership is less than 35 people per day, the Operator shall make application to the Board of Trustees to limit, suspend or terminate the service. In addition, if the occupancy of Millbrook drops below 90% for 6 months, the Operator will have the right to apply to the Board of Trustees to limit, suspend or terminate the shuttle service during the initial three year term.        

 

  1. During the course of review and approval of building permit plans, or supervision and inspection of construction, the Building Department may permit minor and insubstantial variations in the approved plans.

 

  1. The maximum number of residential units shall be one hundred eighty-six (186) units, inclusive of the 101 new units to be constructed pursuant to this application.

 

  1.  The development of the subject property shall comply with all other representations made in the application and/or at the public hearings.

 

  1. The development and use of the subject property at all times shall comply with all Village Code housing requirements.

 

  1. The applicant and owner, and any successors in interest, shall apply for and obtain all required building permits, and complete all prerequisites for such permit issuance as provided in this resolution, within twelve (12) months after this date, or within such longer period of time as may be approved by the Board of Trustees without a hearing.  Failure to comply with this condition shall render this determination null and void at the option of the Board of Trustees.  In granting any extension of time, the Board of Trustees may impose reasonable fees and/or conditions.

 

  1. The applicant and owner, and any successors in interest, shall substantially complete all required construction, and obtain all required or necessary certificates of completion and/or certificates of occupancy within thirty-six (36) months after issuance of the first building permit, or such longer period of time as may be approved by the Board of Trustees without a hearing.  In granting any extension of time, the Board of Trustees may impose reasonable fees and/or conditions.

 

  1. 10.  In the event the Village reasonably determines that it requires the assistance of professional consultants for inspection of construction, the applicant, and any successors in interest, shall promptly reimburse the Village for the reasonable costs of such consultants.  The Village may require advance deposits in amounts determined by the Village Administrator, to be applied to payment or reimbursement of such expenses, and such deposits shall be made with the Village within fourteen (14) days after written notice from the Village.  The Village may apply any such amounts in payment or reimbursement of such purposes.  Upon the conclusion of construction, and issuance of all required certificates of occupancy and completion, the party depositing such funds, or any other person entitled thereto, may apply to the Board of Trustees for refund of any remaining balance in such deposit amount.  In the event no such application is made within three (3) months after the date on which such application may first be made, any remaining balance in such fund shall become the property of the Village.

 

  1. 11.  Reserved

 

12. Reserved

 

13. Reserved