Agenda

TOWN OF GREENBURGH
PLANNING BOARD
AGENDA
WEDNESDAY, October 4, 2023 – 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 - WORK SESSION

	a.	Case No. PB 17-06 NRSF, Ardsley Road & Old Sprain Road (P.O. Scarsdale, N.Y.) – Final Subdivision and Tree Removal Permit A work session to discuss the decision of a Final Subdivision and Tree Removal Permit application involving the subdivision of one (1) existing lot into four (4) lots: three (3) new residential lots and one (1) lot associated with a new, private, cul-de-sac roadway, built to Town standards. Access to each of the three (3) residential lots would be provided via a newly proposed cul-de-sac roadway that would be constructed off of Ardsley Road. Lot 1, to be developed with a single-family residence, is proposed to consist of 106,042 sq. ft., Lot 2, to be developed with a single-family residence, is proposed to consist of 37,900 sq. ft., and Lot 3, to be developed with a single-family residence, is proposed to consist of 59,017 sq. ft. Lot 4, to be developed with a private cul-de-sac roadway built to Town standards and serve each of the three (3) newly proposed residential lots, would consist of 30,125 sq. ft. On June 2, 2021, the Planning Board approved the Preliminary Subdivision, Planning Board Steep Slope Permit, and Wetland/Watercourse Permit applications. The Applicant proposes the removal of 220 regulated trees, requiring a tree removal permit from the Planning Board, and proposes the planting of 139 trees, as replacement. The property consists of approximately 227,325 sq. ft. (5.2 acres) and is situated on the east side of the intersection of Ardsley Road and Old Sprain Road. The property is located in the R-20 One-Family Residential District, and is designated on the tax map of the Town of Greenburgh as Parcel ID: 8.390-275-1.

	b.	Case No. PB 23-11 Collins, 19 Pine Lane (P.O. Irvington, N.Y.) – Planning Board Steep Slope Permit A continuation of a work session (September 6, 2023 and September 20, 2023) to discuss a Planning Board Steep Slope Permit application involving the proposed construction of a pergola, retaining walls, and an expanded driveway. The Applicant’s proposal also includes stormwater management systems for the new impervious surfaces and landscaping along a steep slope to aid in runoff reduction. The Applicant proposes approximately 343 sq. ft. of disturbance to 15-25% slopes (STEEP SLOPES), approximately 356 sq. ft. of disturbance to 25-35% slopes (VERY STEEP SLOPES), and approximately 50 sq. ft. of disturbance to 35%+ slopes (EXCESSIVELY STEEP SLOPES). The Applicant proposes approximately 5 cubic yards of excavation, and 0 cubic yards of imported fill. The project has been reviewed by the Town’s Building Inspector who, in a memorandum dated July 27, 2023, determined that the following two (2) area variances are required: (1) Minimum distance from patio to side property line, from 10 feet (required) to 8.8 feet (proposed); and (2) Minimum setback from driveway to side yard, from 8 feet (required) to 0 feet (proposed). The property consists of approximately 12,465 sq. ft. (0.29 acres) and is situated on the westerly side of Pine Lane, approximately 70 feet from the intersection of Pine Lane and Mount Pleasant Lane. The property is located in the R-7.5 One-Family Residence District and is designated on the tax map of the Town of Greenburgh as Parcel ID: 7.360-184-9.

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. 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 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 23-12 Mount Hope Cemetery, 50 Old Jackson Avenue (P.O. Hastings-on-Hudson, N.Y.) – Planning Board Steep Slope Permit A public hearing to discuss a Planning Board Steep Slope Permit application for a proposal consisting of the construction of an access road, sidewalks, and related grading activities, in connection with the creation of 2,330 additional burial plots on an existing cemetery site. The Applicant proposes 35,662 sq. ft. of disturbance on 0-15%slopes, 6,823 sq. ft. of disturbance on 15-25% slopes (STEEP SLOPES), 3,349 sq. ft. of disturbance on 25-35% slopes (VERY STEEP SLOPES), and 23,818 sq. ft. of disturbance on 35%+ slopes (EXCESSIVELY STEEP SLOPES). The project involves approximately 7,020 cubic yards of excavation and 349 cubic yards of imported fill, requiring a Fill Permit from the Bureau of Engineering. The project also requires Amended Site Plan and Tree Removal Permit approvals from the Town Board (Case No. TB 23-06). The properties consist of approximately 5,330,657 sq. ft. (122.38 acres) and are situated on the north side of Jackson Avenue, approximately 34 ft. north of the intersection of Saw Mill River Road and Jackson Avenue. The properties are located in the R-30 Residential District, and are designated on the tax map of the Town of Greenburgh as Parcel ID: 8.500-351-3, 8.560-384-1, 8.560-384-3, 8.560-384-4 & 8.560-384-5. At the request of the Applicant, this matter will not be heard and will be adjourned to an unspecified date.

6.		OLD BUSINESS - WORK SESSION (CONTINUED)

	a.	Case No. TB 23-05 NineDot Energy, Chapter 285-37.1 Battery Energy Storage System – Zoning Text Amendment (Referral from Town Board) A continuation of a work session (June 7, 2023, September 6, 2023, and September 20, 2023) to discuss a Zoning Text Amendment referral from the Town Board related to a petition seeking to amend Sections 285-37.1D(18)(b) and (d), and add (g), to facilitate a future application for a 10,000 sq. ft., 40,000 kWh capacity Battery Energy Storage System (BESS) at 444 Saw Mill River Road, P.O. Elmsford, N.Y. The Applicant proposes to amend Section 285-37.1D(18)(b) to increase the capacity of Tier 2 BESS from 6,000 kWh to 8,000 kWh in the One-Family Residence, CA, CB, DS, IB, LOB, OB-1, and UR Districts. The Applicant additionally proposes to amend Section 285-37.1D(18)(b) to increase the capacity of Tier 2 BESS from 12,000 kWh to 30,000 kWh in the OB, GI, LI, PD, and PED Districts, and increase the maximum combined footprint of BESS facilities in those districts from 3,500 sq. ft. to 12,500 sq. ft. The Applicant proposes to amend Section 285-37.1D(18)(d) to increase the maximum height of a Tier 2 BESS facility from 10 feet to 12 feet. The Applicant proposes to add Section 285-37.1D(18)(g) to provide for additional planting requirements if trees are removed as part of a BESS application.

	b.	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 Restaurant), and Tree Removal Permit A continuation of a work session (September 20, 2023) to discuss a Site Plan, Special Use Permit (Quick Service/Fast Food Restaurant), and Tree Removal Permit application involving the proposed construction of a new Quick Service/Fast Food Restaurant building, with related improvements. The Applicant proposes to construct a new, 5,000 sq. ft., 94-seat (74 interior, 20 exterior) Quick Service/Fast Food Restaurant, 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 113 parking spaces (80 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) County Center Road side yard setback to accessory storage building, from 40 feet (required) to 16.2 feet (proposed); (5) total of two side yards, from 80 feet (required) to 42.2 feet (proposed); (6) 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); (7) off-street parking spaces, from 143 (required) to 113 (proposed); (8) distance from off-street parking to front lot line, from 20 feet (required) to 3.4 feet (proposed); (9) distance from off-street parking to side lot line (County Center Road), from 10 feet (required) to 2.4 feet (proposed); (10) distance from off-street parking to side lot line (Tarrytown Road), from 10 feet (required) to 2.2 feet (proposed); and (11) height of exterior lighting, from 14 feet (permitted) to 27 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.

7.		NEW BUSINESS

	a.	Case No. PB 23-06 Sarar, 6 Drake Lane (P.O. White Plains, N.Y.) – Minor Wetland/Watercourse Permit A work session to discuss a Minor Wetland/Watercourse Permit application involving the proposed construction of a new raised rear deck, widening of a driveway and front walkway, and installation of two (2) new drywells. The project requires approximately 1,051 sq. ft. of disturbance to the 30,404 sq. ft. of wetland/watercourse buffer area on the property. A watercourse runs through the rear of the property, and almost the entire property is within the 100-foot regulated buffer of the watercourse. No direct disturbance to the watercourse is proposed, with the closest area of work being approximately 12 feet from the watercourse, associated with the installation of deck support posts. The property consists of approximately 30,578 sq. ft. (0.7 acres) and is situated on the northerly side of Drake Lane, approximately 430 feet from the intersection of Drake Lane and Worthington 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: 7.450-255-16.3.

	b.	Case No. PB 23-19 GHP Taxter, LLC, 555-565 Taxter Road (P.O. Elmsford, N.Y.) – Planning Board Shared Parking Reduction Request (Pre-Submission Conference) A pre-submission conference to discuss a potential future Planning Board Shared Parking Reduction request. The Applicant is considering a proposal to convert a currently unknown amount of office space to medical office space, which has a higher parking requirement under the Town’s Zoning Ordinance. The site previously received a Shared Parking Reduction of 102 spaces, from 1,227 (required) to 1,125 (approved), under Case No. PB 20-06, associated with the conversion of office space to medical office space, and restriping parking spaces to include additional ADA spaces. The Applicant had previously proposed to construct additional parking spaces over existing detention basins, and, if unable to obtain a Shared Parking Reduction, may seek to construct those parking spaces. The property consists of approximately 747,933 sq. ft. (17.17 acres) and is situated on the west side of Taxter Road, south of the intersection of Taxter Road and NYS Route 119 (White Plains Road). The property is located in the OB Office Business District and is designated on the tax map of the Town of Greenburgh as Parcel ID: 7.240-103-1..L5.

8.		ESTABLISH DATE FOR NEXT MEETING The next regularly scheduled meeting of the Greenburgh Planning Board will be held on Wednesday, October 18, 2023 beginning at 7:00 pm.


Planning Board Meeting		. b.
Meeting Date:	10/04/2023

Information
Text/Header:
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 Restaurant), and Tree Removal Permit A continuation of a work session (September 20, 2023) to discuss a Site Plan, Special Use Permit (Quick Service/Fast Food Restaurant), and Tree Removal Permit application involving the proposed construction of a new Quick Service/Fast Food Restaurant building, with related improvements. The Applicant proposes to construct a new, 5,000 sq. ft., 94-seat (74 interior, 20 exterior) Quick Service/Fast Food Restaurant, 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 113 parking spaces (80 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) County Center Road side yard setback to accessory storage building, from 40 feet (required) to 16.2 feet (proposed); (5) total of two side yards, from 80 feet (required) to 42.2 feet (proposed); (6) 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); (7) off-street parking spaces, from 143 (required) to 113 (proposed); (8) distance from off-street parking to front lot line, from 20 feet (required) to 3.4 feet (proposed); (9) distance from off-street parking to side lot line (County Center Road), from 10 feet (required) to 2.4 feet (proposed); (10) distance from off-street parking to side lot line (Tarrytown Road), from 10 feet (required) to 2.2 feet (proposed); and (11) height of exterior lighting, from 14 feet (permitted) to 27 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.

Fiscal Impact

Attachments
Submission
Plans