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  TOWN OF GREENBURGH
PLANNING BOARD AGENDA
WEDNESDAY, July 17, 2024 – 7:00 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
 
1.   ROLL CALL
 
2.   APPROVAL OF MINUTES
 
3.   CORRESPONDENCE
 
4.   OLD BUSINESS
 
a.  
Case No. PB 22-01 Ries Subdivision, Beaver Hill Road (P.O. Elmsford, N.Y.) – Final Subdivision
A work session to discuss the decision of a Final Subdivision application involving the proposed resubdivision of 9 existing tax lots (7.190-68-3, 4, 5, 6, 7, 8, 9, 10 & 11). Tax lot 7.190-68-3, an undeveloped, approximately 57-foot wide by 550-foot-long parcel of land situated to the rear of the developed lots known as 32, 34, 36, 38, 40, 42, 44, 48 & 50 Beaver Hill Road, which had been foreclosed by the Town in the 1950s. In 2018, the property was auctioned off by the Town to a private party, who later submitted preliminary applications with the intent to develop said parcel. A preliminary injunction was issued by the State Supreme Court in 2019 prohibiting the new owner and Town from taking further action in pursuit of a Building Permit. A settlement was later reached whereby neighbors to the property, and the Town, purchased the property back and, in return, the neighbors agreed to seek Subdivision approval from the Town to resubdivide the vacant parcel and add land area to their current, developed properties. It is noted that the undeveloped parcel presently contains many encroachments from said Beaver Hill Road properties. The Applicants seek to resubdivide the subject lots in order to provide additional land area to each of the Beaver Hill Road properties, thus reducing the overall size of the undeveloped parcel. The properties, in total, consist of approximately 79,994 sq. ft. (1.84 acres) and are situated on the south side of Beaver Hill Road between Eastward Place and Catskill Place. The properties are located in the R-5 One-Family Residence District and are designated on the tax map of the Town of Greenburgh as Parcel ID: 7.190-68-3, 4, 5, 6, 7, 8, 9, 10 & 11.
 
b.  
Case No. PB 23-24 Lee & Cheng, 260 South Healy Avenue (P.O. Scarsdale, N.Y.) – Wetland/Watercourse Permit and Tree Removal Permit
A continuation of a work session (March 6, 2024 and July 1, 2024) to discuss a Wetland/Watercourse Permit and Tree Removal Permit application involving the proposed construction of a new single-family residence on an existing lot. The Applicant proposes to remove an existing, burnt-out single-family home and to construct a new home with related improvements. The Applicant proposes to disturb approximately 3,619 sq. ft. of wetland/watercourse buffer area on the property, associated with an on-site watercourse. The Applicant proposes the removal of one (1) regulated tree, requiring a Tree Removal Permit, and has prepared a landscaping plan providing for the planting of four (4) trees, as replacement. The property consists of approximately 23,339 sq. ft. (0.54 acres) and is situated on the easterly side of South Healy Avenue, approximately 500 feet south of the intersection of South Healy Avenue and Elizabeth Street. The property is located in the R-20 One-Family Residence District and is designated on the tax map of the Town of Greenburgh as Parcel ID: 8.290-224-42.
 
c.  
Case No. PB 22-21 Segura, 39 Sprain Valley Road (P.O. Scarsdale, N.Y.) – Planning Board Steep Slope Permit and Wetland/Watercourse Permit
A continuation of a work session (July 1, 2024) to discuss a Planning Board Steep Slope Permit and Wetland/Watercourse Permit application involving the legalization of various residential improvements conducted without required permits. The Applicant installed a concrete patio, gazebo, and above-ground pool at the rear of the property, and front patio pavers at the front of the property. The Applicant’s unpermitted work resulted in approximately 1,460 sq. ft. of disturbance to 15-25% slopes (STEEP SLOPES), approximately 545 sq. ft. of disturbance to 25-35% slopes (VERY STEEP SLOPES), and approximately 286 sq. ft. of disturbance to 35%+ slopes (EXCESSIVELY STEEP SLOPES). The Applicant imported approximately 200 cubic yards of fill, requiring a Fill Permit. The Applicant’s unpermitted work resulted in approximately 6,040 sq. ft. of disturbance to regulated wetland/watercourse buffer area on the property. The Applicant is proposing six (6) Cultec 330XL units to handle the runoff from impervious surfaces. In a memorandum dated June 25, 2024, the Building Inspector determined that the following Area Variance is required: Minimum setback from pool to side property line, from 15 feet (required) to 13.1 feet (proposed). The property consists of approximately 29,551 sq. ft. (0.68 acres) and is situated on the westerly side of Sprain Valley Road, approximately 1,900 feet from the intersection of Sprain Valley Road and Ardsley Road. The property is located in the R-20 One-Family Residence District and is designated on the tax map of the Town of Greenburgh as Parcel ID: 8.520-355-15.
 
5.   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.
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 steep slope or within a wetland, watercourse or adjacent, regulated 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 the 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. 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 steep slope or within a wetland, watercourse or adjacent, regulated 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 the 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.

 
 
a.  
Case No. PB 20-09 Lightbridge Academy, 529 Central Park Avenue South (P.O. Scarsdale, N.Y.) – Amendment to Site Plan and Special Use Permit Approval
A continuation of a public hearing (July 1, 2024) to consider an amendment to a previously approved Site Plan and Special Use Permit (Child Day-Care Center) which facilitated the opening of a child day-care facility for 105 children, with 22 staff, along with 1,534 sq. ft. of separate office space. The Applicant seeks to increase enrollment beyond 105 children, up to a maximum total of 152 children and 31 staff, and to remove the “Employee Parking Only” designation on the three (3) off-street parking spaces in front of the building, requiring amended Site Plan and Special Use Permit approvals from the Planning Board. The proposal also requires an amended approval from the Zoning Board of Appeals for: Minimum number of off-street parking spaces (68 required; 45 previously approved; 45 proposed). No site work is proposed in connection with the Applicant’s request. The property consists of approximately 70,532 sq. ft. (1.619 acres) and is situated on a flag lot on the westerly side of Central Park Avenue, between Underhill Road and Dromore Road. The property is located in the CA Central Avenue Mixed-Use Impact District and is designated on the tax map of the Town of Greenburgh as Parcel ID: 8.410-298-6.
 
6.   NEW BUSINESS
 
a.  
Case No. PB 24-14 Dicker, 718 Central Park Avenue South (P.O. Scarsdale, N.Y.) – Planning Board Special Use Permit (Small Animal Hospital)
A work session to discuss a Planning Board Special Use Permit application involving the proposed conversion of a former restaurant space into an animal hospital. The Applicant proposes no outside work with the exception of façade changes to facilitate signage for the hospital and a small outdoor dog run, which will be fenced. The proposed 10,447 sq. ft. animal hospital requires 53 off-street parking spaces, where 75 off-street parking spaces exist on-site. The Applicant is not proposing any overnight boarding of animals, except as medically necessary. In a memorandum dated July 1, 2024, the Building Inspector determined that an area variance is required for the unenclosed exterior dog run. The property consists of approximately 46,950 sq. ft. (1.08 acres) and is situated on the easterly side of Central Park Avenue South, approximately 530 feet north from the intersection of Central Park Avenue South and Mt. Joy Avenue. The property is located in the CA Central Avenue Mixed-Use Impact District and is designated on the tax map of the Town of Greenburgh as Parcel ID: 8.460-329-1.
 
7.   ESTABLISH DATE FOR NEXT MEETING
The next regularly scheduled meeting of the Greenburgh Planning Board will be held on Wednesday, August 7, 2024 and is scheduled to begin at 7:00 pm.
 

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