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TOWN OF GREENBURGH
ZONING BOARD OF APPEALS
AGENDA
THURSDAY, October 19, 2023 – 7:00 P.M.

Please Take Notice that the Zoning Board of Appeals of the Town of Greenburgh will hold a Public Hearing on Thursday, October 19, 2023 at 7:00 p.m. The meeting will take place in the Town Hall auditorium, 177 Hillside Avenue, Greenburgh, NY, and also online via Zoom. If you would like to participate via Zoom please pre-register through the Department of Community Development and Conservation by emailing publichearing@greenburghny.com or calling 914-989-1530, specifying the application(s) that you would like to speak on. Instructions to participate will then be emailed to you. All persons interested in viewing the meeting live can do so via the Town’s website at https://ny-greenburgh.civicplus.com/485/Watch-Live-Board-Meetings or local Altice Channel 76 and Verizon/FiOS Channel 35. In addition, individuals may submit comments via email to publichearing@greenburghny.com, or regular mail to Town of Greenburgh, attn: CD&C, 177 Hillside Avenue, Greenburgh, NY, 10607, and such comments will be made part of the record. Application materials can be found at the following link: https://greenburghny.com/596/_-Active-Applications---Zoning-Board-of-Appeals

OLD CASES

Case No. ZBA 23-14: 450 Secor Road LLC/ Hartsdale Greenhouses, 450 Secor Road (P.O. Hartsdale, NY 10530) – Appeal Determination of Building Inspector/in the alternative a Use Variance

The Applicant is appealing a determination of the Building Inspector that the processing and sale of wood products that are not grown or harvested on-site is not a permitted use. In the alternative, if the appeal is denied, the Applicant requests a use variance from Section 285-48B of the Code of the Town of Greenburgh for the sale and processing of firewood and mulch that is not grown or harvested on-site. The property is located in the R-10 One Family Residence District and is designated on the Town Tax Map as parcel ID: 8.120-70-53 and 8.120-70-54

THE APPLICANT HAS REQUESTED AN ADJOURNMENT TO THE DECEMBER 14, 2023 MEETING.

Case No. ZBA 23-20: Daberto Henriquez & Flor Sosa / Hart Hills Hospitality LLC, 45 N. Washington Avenue (P.O. Hartsdale, NY 10530) – Area Variances

The Applicant is requesting area variances from Section 285-19B(1) of the Zoning Ordinance to reduce the required 3,000 sq. ft. minimum lot area per dwelling unit from 24,000 sq. ft. (required) to 22,912 sq. ft. (proposed); from 285-19B(3) to increase the maximum principal building coverage from 18.3% (permitted) to 18.8% (proposed); from 285-19B(4) to reduce the minimum rear yard setback from 40 ft. (required) to 35.16 ft. (proposed); from 285-19B(5)(a) to reduce the minimum distance from the principal building to a parking area from 10 ft. (required) to 4.2 ft. (proposed); from 285-38G to reduce the dimensions of an off-street loading birth from 15 ft. x 45 ft. (required) to 8 ft. x 26 ft. (proposed), and to reduce the required landscape buffer from 10 ft. (required) to 4.16 ft. (proposed), [or alternatively, receive a waiver from the Planning Board], in order to construct an eight-unit apartment building with underground parking on the subject property. The property is located in the M-14 - Multi-Family District and is designated on the Town Tax Map as parcel ID: 8.250-183-3

Case No. ZBA 23-21: EDC 7 LLC / Thalle Industries, Inc., 50 Warehouse Lane South (aka 7 Warehouse Lane (P.O. Elmsford, NY 10523.) – Special Permit Modification and Renewal

for the modification and renewal of a special permit previously granted by the ZBA on April 12, 2002 (ZBA Case 01-35) in order to resume and expand its rock crushing and aggregate reclamation facility. The property is located in the GI - General Industrial District and is designated on the Town Tax Map as parcel ID: 7.180-52-20.SE

Case No. ZBA 23-22: EDC 7 LLC / Thalle Industries, Inc., 50 Warehouse Lane South (aka 7 Warehouse Lane (P.O. Elmsford, NY 10523) – Appeal of Building Inspector Determination

The Applicant is appealing a determination of the Building Inspector regarding: (1) a Notice of Non-Renewal of ZBA Special Permit 01-35 dated July 24, 2023;” and (2) a stop work order for Thalle Industries’ operations at its Thalle “Virtual Quarry. The property is located in the GI - General Industrial District and is designated on the Town Tax Map as parcel ID: 7.180-52-20.SE

Case No. ZBA 23-23: Praveen Elak, 89 Marion Avenue (P.O. Hartsdale, NY 10530) – Area Variances

The Applicant is requesting area variances from Section 285-5 of the Zoning Ordinance to reduce the distance from a patio to a side property line from 10 ft. (required) to 3.67 ft. (proposed), and from 285-36G(6) to reduce the distance from a pool to a property line from 15 ft. (required) to 5 ft. (proposed) in order to install an in-ground pool and patio on the subject property. The property is located in the R-10 One Family Residence District and is designated on the Town Tax Map as parcel ID: 8.290-223-3

NEW CASE

Case No. ZBA 23-27: Eugen Dhimolea, 16 Homewood Road (P.O. Hartsdale, NY 10530) – Area Variance

The Applicant is requesting an area variance from Section 285-5 of the Zoning Ordinance to reduce the setback from a patio to a side property line from 10 ft. (permitted) to 3.54 ft (proposed) to legalize an existing patio on the subject property. The property is located in the R-7.5 One Family Residence District and is designated on the Town Tax Map as parcel ID: 8.200-142-16