City Council:
AN ORDINANCE AUTHORIZING THE APPROVAL
OF A 13-FOOT CURB CUT FOR THE PROPERTY
LOCATED AT 15 OVERLOOK STREET,
OWNED BY BENFICA PROPERTIES LLC
Whereas, by letter dated October 10, 2024, John Estima, on behalf of Benfica Properties LLC, the owner of the property located on the northern side of Overlook Street, known as 15 Overlook Street, which contains an existing single-family residence, has submitted an application for the approval of a curb cut to facilitate the construction of a new driveway; and
Whereas, the applicant proposes the construction of a new retaining wall, driveway, and a 13-foot curb cut (including splays) to provide access to the proposed 10-foot wide driveway; and
Whereas, the Department of Public Works has reviewed the plans submitted by the applicant, including the site plan drawings, and has no objections to approving the proposed curb cut; and
Whereas, the description of the curb cut location begins at the point of intersection of the westerly side of Westchester Avenue and the northern side of Overlook Street, thence running westerly along the north side of Overlook Street for a distance of 300 feet +/- to the easterly end of the proposed curb cut, totaling 13 feet in length; and
Whereas, the proposed curb cut and site modifications are consistent with City standards and do not present any adverse impacts to public safety or infrastructure; Now, Therefore, Be It Resolved That
The City of Mount Vernon, in City Council convened, does hereby ordain and enact:
Section 1. Authorization. The City Council authorizes and approves the construction of a 13-foot-wide curb cut, including splays, at 15 Overlook Street, as proposed by John Estima of Benfica Properties LLC.
Section 2. Compliance with Plans. The curb cut and related construction shall be carried out in substantial compliance with the site plans and specifications submitted by the applicant and approved by the Department of Public Works.
Section 3. Permits. Before construction, the applicant shall secure all necessary permits from the Department of Public Works and other applicable City departments.
Section 4. Liability. The applicant shall indemnify and hold the City of Mount Vernon harmless from any liability resulting from the construction, maintenance, or use of the curb cut.
Section 5: Effective Date. This ordinance shall take effect immediately upon its adoption and approval by the City Council.