Agenda

Return

TOWN OF GREENBURGH
PLANNING BOARD
AGENDA
WEDNESDAY, November 15, 2023 – 6:00 P.M.
Meetings of the Planning Board will be adjourned at 10:00 p.m.

This meeting will take place in the Town Hall Auditorium, located at 177 Hillside Avenue, Greenburgh, NY, and will also take place via Zoom. If you would like to watch the meeting, you may do so via the Town's website at https://ny-greenburgh.civicplus.com/485/Watch-Live-Board-Meetings. This meeting will be broadcast live on Cable Television and a recording likely will be available on cable television thereafter. If you would like to participate in one or more of the public hearings via Zoom, you must 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 or you will receive a return phone call.

AGENDA

ROLL CALL

APPROVAL OF MINUTES

CORRESPONDENCE

OLD BUSINESS - WORK SESSION

Case No. TB 23-11 Solar Energy System Local Law – Zoning Text Amendment (Town Board Referral)
A work session to consider the issuance of a recommendation and related report to the Town Board regarding a Zoning Text Amendment (Town Board referral) to regulate and permit Solar Energy Systems, through the establishment of a new section of the Zoning Ordinance, Section 285-37.2, with associated definitions. The proposed Zoning Text Amendment would divide Solar Energy Systems into Tiers 1-4, and require the placement of a Solar Overlay Zone to facilitate any Tier 4 facility.

Case No. PB 23-04 Lee, 2 Blueberry Hill Road (P.O. Irvington, N.Y.) – Planning Board Steep Slope Permit, Wetland/Watercourse Permit, and Tree Removal Permit
A continuation of a work session (November 1, 2023) to discuss a Planning Board Steep Slope Permit, Wetland/Watercourse Permit, and Tree Removal Permit application involving the proposed construction of a new garage, a new second story addition, new rear deck, and installation of a new driveway. The Applicant proposes approximately 2,102 sq. ft. of disturbance to 15-25% slopes (STEEP SLOPES), approximately 0 sq. ft. of disturbance to 25-35% slopes (VERY STEEP SLOPES), and approximately 0 sq. ft. of disturbance to 35%+ slopes (EXCESSIVELY STEEP SLOPES). The Applicant proposes approximately 7.8 cubic yards of excavation, and approximately 37.3 cubic yards of imported fill. The easterly half of the property is occupied by a pond, and most of the area of work is within the 100-foot regulated buffer of this wetland. No direct disturbance to the pond is proposed, with the closest area of work being approximately 30 feet from the nearest pond edge. In a memorandum dated July 25, 2023, amended October 12, 2023, the Building Inspector determined that the following area variances are required in connection with the project, as currently proposed: (1) minimum setback from principal building to front yard property line, from 40 feet (required) to 21.33 feet (proposed); (2) minimum setback from principal building to side yard property line, from 25 feet (required) to 3.16 feet (proposed); (3) minimum setback from driveway to side yard property line, from 20 feet (required) to 0 feet (proposed); (4) outside stairway closer than 5 feet to side property line, from 5 feet (required) to 3.16 feet (proposed); and (5) deck closer than 5 feet to side property line, from 5 feet (required) to 3.16 feet (proposed). The property consists of approximately 61,499 sq. ft. (1.41 acres) and is situated on the easterly side of Blueberry Hill Road, at the intersection of Blueberry Hill Road and Mountain Road. The property is located in the R-40 One-Family Residence District and is designated on the tax map of the Town of Greenburgh as Parcel ID: 7.440-252-13.

Case No. PB 23-20 101 Realty LLC, 24 Tarrytown Road (P.O. White Plains, N.Y.) – Planning Board Special Permit (Restaurant)
A continuation of a work session (November 1, 2023) to discuss a Special Permit (Restaurant) application involving the proposed conversion of a deli space with incidental dining into a restaurant use. The Applicant seeks approval to permit additional interior seating within the currently vacant 1,750 sq. ft. building, to bring the total permissible seat count up to 42 seats. The property received a Special Permit for Incidental Dining as part of Case No. PB 17-18. The restaurant use requires 28 off-street parking spaces, where 21 spaces exist, necessitating an area variance. The Applicant also requires relief from a portion of Condition 1 of the decision of ZBA Case No. 22-42, which restricts the use to a bakery, deli, pizzeria, or ice cream stand. No exterior site changes are proposed. The property consists of approximately 15,346 sq. ft. (0.35 acres) and is situated on the northerly side of Tarrytown Road, at the intersection of Tarrytown Road and Old Kensico Road. The property is located in the DS Designed Shopping District and is designated on the tax map of the Town of Greenburgh as Parcel ID: 7.570-310-1.

NEW BUSINESS - WORK SESSION

Case No. TB 23-08/PB 23-18 Regeneron, 555 Saw Mill River Road (P.O. Tarrytown, N.Y.) – Amended Site Plan (Town Board referral), Tree Removal Permit (Town Board), Planning Board Steep Slope Permit, and Planning Board Wetland/Watercourse Permit
A work session to discuss an amended Site Plan (Town Board approval – referral to Planning Board), Tree Removal Permit Application (Town Board approval), Planning Board Steep Slope Permit, and Planning Board Wetland/Watercourse Permit application involving the proposed construction of an approximately 136,000 sq. ft. R&D Building (aka Logistics Building), with related improvements. The site is partially disturbed with existing off-street parking and driveway connections to Old Saw Mill River Road and an internal adjoining Regeneron site. The Applicant proposes approximately 4,196 sq. ft. of disturbance to 15-25% slopes (STEEP SLOPES), approximately 20.717 sq. f.t of disturbance to 25-35% slopes (VERY STEEP SLOPES), and approximately 10,325 sq. ft. of disturbance to 35%+ slopes (EXCESSIVELY STEEP SLOPES). The proposed project involves a total of approximately 8.04 acres (350,222 sq. ft.) of disturbance, 35,823 sq. ft. of which are proposed in a wetland buffer. The Applicant proposes the removal of 46 regulated trees, requiring a Tree Removal Permit from the Town Board, and has submitted a landscaping plan providing for the planting of 163 trees, as replacement. The subject property consists of approximately 39.8 acres (1,735,153 sq. ft.), is located in the PED Planned Economic Development District, and is designated on the tax map of the Town of Greenburgh as Parcel ID: 7.71-6-2.2

Case No. TB 23-10 & TB 23-11/PB 23-23 Greenburgh Housing Authority, 9 Maple Street (P.O. White Plains, N.Y.) – Town Board Zoning Map Amendment, Town Board Amended Site Plan, Town Board Tree Removal Permit, Planning Board Steep Slope Permit, and Planning Board Wetland/Watercourse Permit
A pre-submission conference to discuss a potential future Town Board Zoning Map Amendment Petition (TB 23-10) to re-zone the site from the M-14 Multifamily Residence District to the M-22 Multifamily Residence District, and an associated Town Board Site Plan and Tree Removal Permit, and Planning Board Steep Slope Permit and Wetland/Watercourse Permit (TB 23-11/PB 23-23) to construct a total of 190 affordable housing units in a total of five (5) buildings. The site currently consists of 131 affordable units across ten (10) buildings, plus an administrative building. The proposed development would consolidate the units into five (5) buildings and increase the total number of units by 69. Three (3) of the proposed multi-family buildings would be three (3) stories in height, one (1) would be two (2) stories, and one (1) would be four (4) stories in height. The Applicant has identified the following area variances as likely being necessary: (1) Off-street parking spaces, from 353 spaces (required) to 270 spaces (proposed); (2) Building height, from 3 stories (permitted) to 4 stories (proposed); (3) Building Height, from 38 feet (permitted) to 48 feet (proposed); and (4) maximum coverage of 3-story buildings, from 17.2% (permitted) to 21.42% (proposed). The Applicant has identified areas of steep slope disturbance, wetland/watercourse buffer area disturbance, and tree removals, though has not submitted exact amounts as part of its pre-submission materials. The property consists of approximately 347,610 sq. ft. (7.98 acres) and is situated on the easterly side of Maple Street, at the intersection of Maple Street and Old Tarrytown Road. The property is located in the M-14 Multifamily Residence District and is designated on the tax map of the Town of Greenburgh as Parcel ID: 7.410-226-1.

ITEMS FOR PUBLIC HEARING & PUBLIC DISCUSSION

Individuals may submit comments on public hearing items via email to publichearing@greenburghny.com, or regular mail to Town of Greenburgh, attn: CD&C, 177 Hillside Avenue, Greenburgh, NY, 10607, within the open written record period and such comments will be made part of the record. Individuals should only provide comments related to the application(s) being considered by the Board.
The Planning Board is a group of volunteers appointed by the Town Board to evaluate land use applications in accordance with the Town Code. When property owners seek to develop their land or make improvements via subdivision, or if they will be disturbing an area with a regulated steep slope or within a wetland, watercourse or adjacent buffer area, they must apply to the Planning Board for approval. It is the job of the Planning Board to balance the rights of land owners while ensuring adverse impacts to the surrounding community are minimized. Decisions on adjustments to the proposed plan are based on factual evidence and reviewed for consistency with our Town Code and Comprehensive Plan. This evidence primarily comes from applicants and their advisors, site visits conducted by Planning Board members, and input from Town staff, the appropriate Fire District, and the public as part of the public hearing process. The relative popularity of an application is not a factor in Planning Board decisions. Decisions are based on the facts presented.

Case No. PB 22-24 Hart Hills Hospitality, 45 North Washington Avenue (P.O. Hartsdale, N.Y.) – Site Plan, Planning Board Steep Slope Permit, and Tree Removal Permit
A public hearing to discuss a Site Plan, Planning Board Steep Slope Permit, and Tree Removal Permit application involving the proposed construction of an eight (8) unit multifamily residence, with related improvements. The Applicant proposes to remove an existing single-family house and construct a two-story, eight (8) unit multifamily building with parking partially underneath the building. The Applicant proposes approximately 7,751 sq. ft. of disturbance to 15-25% slopes (STEEP SLOPES), approximately 2,087 sq. ft. of disturbance to 25-35% slopes (VERY STEEP SLOPES), and approximately 1,440 sq. ft. of disturbance to 35%+ slopes (EXCESSIVELY STEEP SLOPES). The project requires approximately 2,623 cubic yards of excavation and approximately 0 cubic yards of imported fill. The Applicant proposes to remove nine (9) regulated trees, requiring a Tree Removal Permit, and has prepared a landscaping plan providing for the planting of 19 trees, as replacement. On October 19, 2023, the Zoning Board of Appeals granted the following area variances required in connection with the project: (1) minimum lot area, from 24,000 sq. ft. (required) to 22,912 sq. ft. (approved); (2) maximum building coverage, from 18.3% (permitted) to 18.8% (approved); (3) rear setback, from 40 feet (required) to 35.16 feet (approved); (4) minimum distance of off-street parking to the principal building, from 10 feet (required) to 4.2 feet (approved); and (5) reduced loading berth size, from 15 feet by 45 feet (required) to 8 feet by 26 feet (approved). The property consists of approximately 27,378 sq. ft. (0.63 acres) and is situated on the northwesterly side of North Washington Avenue, approximately 400 feet from the intersection with West Hartsdale Avenue. The property is located in the M-14 Multifamily Residence District and is designated on the tax map of the Town of Greenburgh as Parcel ID: 8.250-183-3.

Case No. PB 22-07 Chick-fil-A, 20 Tarrytown Road (P.O. White Plains, N.Y.) – Site Plan, Special Permit (Quick Service/Fast Food Establishment), and Tree Removal Permit
A public discussion to consider a Site Plan, Special Use Permit (Quick Service/Fast Food Establishment), and Tree Removal Permit application involving the proposed construction of a new Quick Service/Fast Food Establishment, with related improvements. The Applicant proposes to construct a new, 5,028 sq. ft., 94-seat (74 interior, 20 exterior) Quick Service/Fast Food Establishment, with a double-lane drive-thru. The property has existing curb cuts on Old Kensico Road and on County Center Road. The Applicant proposes to relocate the curb cut on Old Kensico Road and add a curb cut to County Center Road. The Applicant proposes to include 112 parking spaces (79 striped, 33 credited for drive-thru), where 143 spaces are required. A total of thirty (30) off-street parking spaces, dedicated for employee parking only, are proposed to be situated on an adjacent lot located within the City of White Plains zoned Business (B-3), requiring approval from the city. The following area variances are required: (1) side yard setback to detached canopy, from 40 feet (required) to 6.8 feet (proposed); (2) Tarrytown Road side yard setback to principle building, from 40 feet (required) to 36.8 feet (proposed); (3) County Center Road side yard setback to principle building, from 40 feet (required) to 5.4 feet (proposed); (4) total of two side yards, from 80 feet (required) to 42.2 feet (proposed); (5) distance from off-street parking to principal building, from 10 feet (required) to 7.7 feet/0 feet for the parking lot/drive-thru (proposed); (6) off-street parking spaces, from 143 (required) to 112 (proposed); (7) distance from off-street parking to front lot line, from 20 feet (required) to 3.4 feet (proposed); (8) distance from off-street parking to side lot line (County Center Road), from 10 feet (required) to 2.4 feet (proposed); (9) distance from off-street parking to side lot line (Tarrytown Road), from 10 feet (required) to 2.2 feet (proposed); (10) height of exterior lighting, from 14 feet (permitted) to 27 feet (proposed); (11) Old Kensico Road front yard setback to accessory storage building (storage shed, from 30 feet (required) to 21.8 feet (proposed); and (12) County Center Road side yard setback to accessory storage building (storage shed), from 40 feet (required) to 19.5 feet (proposed). The Applicant proposes to remove several landscaped trees in the existing parking area, requiring a Tree Removal Permit from the Planning Board, and has prepared a landscaping plan providing for 19 trees and 270 shrubs, as replacement. The Applicant seeks waivers from the Planning Board for the required 10-foot landscaped buffers on all sides of the property. The Applicant has prepared a traffic impact study, which has been reviewed by the Town’s traffic consultant for this project. The subject properties consist of approximately 75,065 sq. ft. (1.7 acres) and are situated on the northerly side of Tarrytown Road, at the intersection of Tarrytown Road and Old Kensico Road. The properties within the Town of Greenburgh are located in the DS Designed Shopping District, are designated on the tax map of the Town of Greenburgh as Parcel ID: 7.570-328-1 & 2, and in total consist of approximately 55,912 sq. ft. The properties within the City of White Plains are located within the B-3 Business District, are designated as Parcel ID: 125.57-3-1 & 2, and in total consist of approximately 19,153 sq. ft

ESTABLISH DATE FOR NEXT MEETING
The next regularly scheduled meeting of the Greenburgh Planning Board will be held on Wednesday, December 6, 2023 and is tentatively scheduled to begin at 6:00 pm.