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TOWN OF GREENBURGH
ZONING BOARD OF APPEALS
AGENDA
THURSDAY, December 14, 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, December 14, 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) – 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 JANUARY 18, 2024 MEETING.

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

The Applicant has applied 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 One Family Residence 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.) –Use Variance

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 One Family Residence District and is designated on the Town Tax Map as parcel ID: 7.180-52-20.SE

NEW CASES

Case No. ZBA 23-29: Cindy & Douglas Collins, 19 Pine Lane (P.O. Irvington, NY 10533) – Area Variances

The Applicant is requesting area variances from Section 285-5 of the Zoning Ordinance to reduce the minimum distance from a patio to the side property line from 10 ft. (required) to 7.7 ft. (proposed); and from Section 285-15B(5)(b) to reduce the minimum setback from a driveway to the side yard from 10 ft. (required) to 0 ft. (proposed), in order to legalize a patio, expanded driveway, pergola and retaining walls 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: 7.360-184-9

CASE ADJOURNED FROM NOVEMBER 16, 2023 TO DECEMBER 14, 2023 FOR RE-NOTICING.

Case No. ZBA 23-30: Greg Anderson, 21 Washington Place (P.O. White Plains, NY 10603) – Area Variance

The Applicant is requesting an area variance from Section 285-40C(5) of the Zoning Ordinance to increase the maximum height of a fence and wall in the rear yard from 8 ft. (permitted) to 10 ft. (proposed). The property is located in the R-7.5 One Family Residence District and is designated on the Town Tax Map as parcel ID: 7.340-155-2

Case No. ZBA 23-31: Robert & Charlene Spierer, 40 Lynwood Road (P.O. Scarsdale, NY 10583) – Area Variances

The Applicant is requesting area variances from Section 285-16B(3)(b) of the Zoning Ordinance to increase the maximum impervious surface coverage from 43.75% (permitted) to 52.97% (proposed); from Section 285-40(C)(2) to reduce the minimum setback from an outside stairway to a side property line from 5 ft. (required) to 3.6 ft (proposed); from Section 285-40(C)(2) to reduce the minimum setback from an outside deck to a side property line from 5 ft (required) to 3.6 ft (proposed); and from Section 285-5 to reduce the minimum distance from a patio to a side property line from 10 ft (required) to 3.6 ft (proposed), in order to legalize an existing patio and alter a rear yard deck on the subject property. The property is located in the R-5 One Family Residence District and is designated on the Town Tax Map as parcel ID: 8.540-374-3

Case No. ZBA 23-32: Justin & Elizabeth Lee, 2 Blueberry Hill Road (P.O. Irvington, NY 10533) – Area Variances

The Applicant is requesting area variances from Section 285-10B(4)(a) to reduce the minimum seback from the principal building to the front lot line from 40 ft (required) to 21.33 ft (proposed); from Section 285-10B(4)(b) to reduce the minimum setback from the principal building to the side lot line from 25 ft (required) to 3.16 ft (proposed); from Section 285-10B(5)(b) to reduce the minimum setback from the driveway to a side lot line from 20 ft (required) to 0 ft (proposed); from Section 285-40C(2) to reduce the minimum setback from an outside stairway to the side property line from 5 ft (required) to 3.16 ft (proposed); and from Section 285-40C(2) to reduce the minimum setback from a deck to a side property line from 5 ft (required) to 3.16 ft (proposed) to construct a garage, second story addition, deck and new driveway on the subject property. The property is located in the R-40 One Family Residence District and is designated on the Town Tax Map as parcel ID: 7.440-252-13