Agenda

Please Take Notice that the Zoning Board of Appeals of the Town of Greenburgh will hold a Public Hearing on Thursday, July 18, 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

1.

Case No. 24-07 ZBA : Whiteman Osterman & Hanna LLP / Chick-fil-A, Inc. "CFA", 20 Tarrytown Road (P.O. White Plains, NY 10607.) – Area Variances

The Applicant is requesting area variances from Section 285-28C(5) of the Zoning Ordinance to reduce the distance from a detached canopy structure to the side lot line from 40 ft (required) to 6.8 ft (proposed); from Section 285-28C(5) to reduce the distance from a principal building to the Tarrytown Road side lot line from 40 ft (required) to 36.8 ft (proposed); from Section 285-28C(5) to reduce the distance from a principal building to the County Center Road side lot line from 40 ft (required) to 5.4 ft (proposed); from Section 285-28C(5) to reduce the total of two side yards from 80 ft (required) to 42.2 ft (proposed); from Section 285-28C(6)(a) to reduce the distance from off-street parking to the principal building from 10 ft (required) to 7.7 ft for the parking lot and 0 ft for the Drive-Thru (proposed); from Section 285-38E to reduce number of parking spaces from 143 (required) to 112 (including vehicle queue [33], Greenburgh off-street parking [49] and White Plains off-street parking [30] spaces); from Section 285-38C(6)(b) to reduce the distance from off-street parking to the front lot line (Old Kensico Road) from 20 ft. (required) to 3.4 ft. (proposed); from Section 285-38C(6)(b) to reduce the distance from off-street parking to the side lot line (County Center Road) from 10 ft. (required) to 2.4 ft. (proposed); from Section 285-38C(6)(b) to reduce the distance from off-street parking to the Tarrytown Road side lot line from 10 ft (required) to 2.2 ft for the drive-thru lane (proposed); from Section 285-36K to increase the height of exterior lighting (OD, ODI, OD2) from 14 ft. (permitted) to 17 ft. (proposed); from Section 285-28C(5) to reduce the distance from an accessory storage shed to the Old Kensico Road front lot line from 30 ft (required) to 21.8 ft (proposed); from Section 285-28C(5) to reduce the distance from an accessory storage shed to the County Center Road side lot line from 40 ft (required) to 19.5 ft (proposed); from section 285-36J to change the location of an accessory use (shed) to a front yard (proposed) where only the side or rear yard is permitted; and from section 285-28B(3)(e) to allow 20 outdoor seats (proposed) where none are permitted in a fully enclosed fast food establishment, for the construction of a new fast food restaurant and related improvements. The property is located in the DS - Designed Shopping District and is designated on the Town Tax Map as parcel ID: 7.570-328-1, 7.570-328-2.

ZBA Case 24-07 Has Been Closed for Decision Only to the Meeting of July 18, 2024

2.

Case No. ZBA 24-09: 600 South Central Ave Scarsdale LLC / Patio.com, 600 Central Park Avenue (P.O. Scarsdale, NY 10583.) – Area Variance

Applicant is requesting an area variance from Section 285-38E of the Zoning Ordinance to reduce the minimum number of parking spaces from 25 (required) to 9 (proposed). Additionally, Applicant is requesting a variance from Section 285-29.1B(2)(a)[1] of the Zoning Ordinance to use the exterior of the property to display items for retail sale (proposed), where only fully enclosed (interior of building) retail sales are permitted. The property is located in the CA - Central Avenue Mixed-Use Impact District and is designated on the Town Tax Map as parcel ID: 8.471-346-23

3.

Case No. ZBA 24-11: Alberto Tirri, 154 North Road (P.O. White Plains, NY 10603.) – Area Variances

Applicant is requesting area variances from Section 285-15B(4)(b) of the Zoning Ordinance to reduce the minimum distance between the principal structure and a side lot line from 10 ft. (required) to 3.72 ft; from Section 285-15B(3)(d) to increase the maximum impervious surface coverage from 40.75% (permitted) to 42% (proposed); and from Section 285-42C(1) to enlarge a nonconforming structure where such action will increase its nonconformity, in order to construct an addition 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: 7.340-154-11

ZBA Case 24-11 Has Been Adjourned to the Meeting of August 15, 2024 for Re-Noticing

4.

Case No. ZBA 24-12: 529 Central Park Avenue, LLC, 529 Central Park Avenue (P.O. Scarsdale, NY 10583.) – Area Variance and amend a Condition of A Previously Granted ZBA Decision

Applicant is seeking to amend condition #4 of a previously granted ZBA decision No. 20-14, to reduce the minimum required off-street parking spaces from 68 spaces (required) to 45 spaces proposed and currently existing on the property in anticipation of an increased enrollment from 105 (existing) to 152 (proposed) full-time students at the Child Day Care Center (Lightbridge Academy) on the subject property. The property is located in the CA - Central Avenue Mixed-Use Impact District and is designated on the Town Tax Map as parcel ID: 8.410-298-6

ZBA Case 24-12 Has Been Closed for Decision Only to the Meeting of July 18, 2024

5.

Case No. ZBA 24-13: White Plains 450 Realty, LLC, 450 & 460 Tarrytown Road (P.O. White Plains, NY 10607.) – Area Variances

Applicant is requesting area variances in connection with a proposed subdivision of its property as follows: from Section 285-31B(3)(a) of the Zoning Ordinance to increase the maximum coverage of all buildings on proposed Lot 1 from 30% (permitted) to 32.13% (proposed); from Section 285-31B(3)(a) to increase the maximum coverage of all buildings on proposed Lot 2 from 30% (permitted) to 31% (proposed); from Section 285-31B(3)(b) to increase the maximum impervious surface coverage on Lot1 from 80% (permitted) to 90% (proposed); from Section 285-31B(3)(b) to increase the maximum impervious surface coverage on Lot 2 from 80% (permitted) to 90% (proposed); from Section 285-31B(4)(b) to reduce the minimum westerly side yard on Lot 1 from 20 ft (required) to 9.3 ft (proposed); from Section 285-31B(4)(b) to reduce the minimum easterly side yard on Lot 1 from 20 ft (required) to 9.8 ft (proposed); from Section 285-31B(4)(b) to reduce the minimum westerly side yard on Lot 2 from 20 ft (required) to 9.8 ft (proposed); from Section 285-31B(4)(c) to reduce the total of two side yards on Lot 1 from 40 ft (required) to 19.1 ft (proposed); from Section 285-31B(4)(c) to reduce the total of two side yards on Lot 2 from 40 ft (required) to 29.8 ft (proposed); and from Section 285-39C(8) to subdivide a lot where doing so will impair conformity with requirements with respect to existing building(s), yards and other required spaces. The property is located in the IB - Intermediate Business District and is designated on the Town Tax Map as parcel ID: 7.480-296-7

NEW CASES

6.

Case No. ZBA 24-14: Kyle Ortiz, 1 Glenwood Road (P.O. Scarsdale, NY 10583.) – Area Variance

Applicant is requesting an area variance from Section 285-15B(4)(d) of the Zoning Ordinance to reduce the minimum distance between the principal structure and rear property line from 26 ft (required) to 19.7 ft (proposed) in order to roof and screen two portions of an existing raised 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: 8.470-345-14

7.

Case No. ZBA 24-15: Game On 365 Land LLC, 701 Dobbs Ferry Road (P.O. White Plains, NY 10607.) – Area Variances

Applicant is requesting area variances from Section 285-11B(4)(a) of the Zoning Ordinance to reduce the minimum front yard setback from 35 ft (required) to 26.6 ft (proposed); and from Section 285-42C(1) for the alteration of a nonconforming use (golf driving range) to increase such nonconformance, in order to install an awning to cover the existing tee line on the subject golf driving range. The property is located in the R-30 One Family Residence District and is designated on the Town Tax Map as parcel ID: 8.50-28-8

8.

Case No. ZBA 24-16: Brad Jerris, 19 Tomahawk Drive (P.O. White Plains, NY 10603.) – Area Variances

Applicant is requesting area variances from Section 285-14B(4)(b) of the Zoning Ordinance to reduce one side yard from 12 ft (required) to 10 ft (proposed) and from section 285-14B(4)(c) to reduce the total of two side yards from 26 ft (required) to 25.42 ft (proposed), in order to construct an addition to an existing single-family structure 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: 7.340-163-18

DATE FOR NEXT MEETING
The next regularly scheduled meeting of the Greenburgh Zoning Board of Appeals will be held on Thursday, August 15, 2024 beginning at 7:00 pm.