Agenda

Please Take Notice that the Zoning Board of Appeals of the Town of Greenburgh will hold a Public Hearing on Thursday, February 15, 2024 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

1.

Case No. ZBA 23-14: 450 Secor Road LLC/ Hartsdale Greenhouses, 450 Secor Road (P.O. Hartsdale, NY 10530) – Use Variance

Applicant requests a use variance from Section 285-48B of the Code of the Town of Greenburgh for the sale of firewood and mulch that is not grown or harvested on-site. The property is located in the R-10 One Family Residence District (Lot 53) and the R-30 One Family Residence District (Lot 54) and is designated on the Town Tax Map as parcel IDs: 8.120-70-53 and 8.120-70-54

2.

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

3.

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

4.

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) of the Zoning Ordinance to reduce the minimum setback 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

THIS CASE HAS BEEN ADJOURNED AS OF RIGHT BY THE APPLICANT TO MARCH 21, 2024

5.

Case No. ZBA 23-33: Gregory M. Leong, 149 Princeton Drive (P.O. Hartsdale, NY 10530) – Area Variances

The Applicant is requesting area variances from Section 285-15B(5)(b) of the Zoning Ordinance to reduce the minimum distance from a driveway to the side property line from 10 ft. (required) to 6.16 ft (proposed); from Section 285-15B(3)(d) to increase the maximum impervious surface coverage from 40.75% (permitted) to 50.93% (proposed); and from Section 285-38B to increase the maximum driveway width from 30 ft (permitted) to 82.74 ft (proposed) in order to legalize a circular driveway added onto a non-conforming driveway 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: 8.210-158-5

APPLICANT HAS REQUESTED AN ADJOURNMENT TO MARCH 21, 2024

NEW CASES

6.

Case No. ZBA 23-35: Ernest Tartaglione, 24 Tarrytown Road (P.O. White Plains, NY 10607) – Area Variance and Removal of a Condition of a Prior ZBA Decision

The Applicant is requesting an area variance from Section 285-38 of the Zoning Ordinance to reduce the minimum number of off-street parking spaces from 28 (required) to 21 (proposed) and the removal of Condition 1 of the determination in ZBA Case 22-42, which specifically restricted use of the site to a "food-related" establishment, "but not by a restaurant, quick service or fast food establishment," in order to convert an existing building with a previously granted incidental dining special permit into a restaurant. The property is located in the DS - Design Shopping District and is designated on the Town Tax Map as parcel ID: 7.500-310-1

7.

Case No. ZBA 23-36: Eric Lombardo, 28 Whitewood Road (P.O. North White Plains, NY 10603) – Area Variances

The Applicant is requesting area variances from Section 285-12(B)(5)(b) of the Zoning Ordinance to reduce the setback from east side of yard to an accessory structure (#1) from 16 ft (required) to 4.2 ft (proposed); and from Section 285-12(B)(5)(b) to reduce setback from east side of yard to an accessory structure (#2) from 16 ft (required) to 3.0 ft (proposed), in order to legalize two accessory structures on the property. The property is located in the R-20 One Family Residence District and is designated on the Town Tax Map as parcel ID: 7.200-96-1

8.

Case No. ZBA 24-01: Lee & Petra Boykoff, 160 Fort Hill Road (P.O. Scarsdale, NY 10583) – Area Variances

The Applicant is requesting area variances from Section 285-12B(5)(b) of the Zoning Ordinance to reduce the distance from off-street parking (driveway) to the north side property line from 16 ft (required) to 2.5 ft (proposed); and from Section 285-38B to increase the interior driveway width from 30 ft (permitted) to 39.3 ft (proposed) in order to legalize a driveway expansion on the subject property. The property is located in the R-20 One Family Residence District and is designated on the Town Tax Map as parcel ID: 8.520-356-2

DATE FOR NEXT MEETING
The next regularly scheduled meeting of the Greenburgh Zoning Board of Appeals will be held on March 21, 2024 beginning at 7:00 pm.