TOWN OF GREENBURGH ZONING BOARD OF APPEALS AGENDA THURSDAY, July 17, 2025 – 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, July 17, 2025 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://greenburghny.com/485/Watch-Live-Board-Meetingss  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 24-32A: Sal Olivia, 279 Jackson Avenue  (P.O. Scarsdale, NY 10583) – Amend Condition of a Previously Granted Decision / Area Variances Applicant is seeking to amend condition #5 of a previous decision (ZBA Case 24-32) granting certain variances for its nonconforming nursery on condition that they would lapse if Yonkers denies subdivision approval for a portion of its property in that municipality. Applicant requests that the following variances be exempt from the lapse condition:  from Section 285-12B(3)(d) of the Zoning Ordinance to increase the maximum impervious surface coverage from 29% (permitted) to 59.2% (proposed); from section 285-12B(5)(b) to reduce the minimum setback from a side property line to the existing nursery gravel parking area from 16 ft (required) to 0 ft (proposed); and from Section 285-42(C)(1) to increase a nonconforming nursery use thereby increasing such nonconformance, to legalize the expansion of a nonconforming nursery (expansion of material storage areas and construction of several accessory structures) 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: 8.580-399-2, 8.580-399-3, 8.580-399-4.
	2.				Case No. ZBA 25-04: David S. Chao, 0 Clayton Road Subdivision  (P.O  Scarsdale, NY 10583) – Area Variances Applicant is requesting area variances in order to subdivide the subject property into three lots (two residential lots [Lots 1 and 2] and a non-buildable shared-access driveway lot [Lot 3]). In order to do so, Applicant is requesting the following variances: For residential Lot 1: from Section 285-39(C)(9)(c) of the Zoning Ordinance to reduce the minimum required street frontage from 25 ft. (required) to 0 ft. (proposed); and from Section 285-11B(5)(b) to reduce the minimum distance between an accessway and side property line from 18 ft (require) to 0 ft (proposed). For residential Lot 2: from section 285-39(C)(9)(c) to reduce the minimum required street frontage from 25 ft. (required) to 0 ft. (proposed); and from section 285-11B(5)(b) to reduce the minimum distance between an accessway and side property line from 18 ft (required) to 0 ft (proposed). For Lot 3: from Section 285-11B(5)(b) to reduce the minimum distance from the accessway to the west side property line from 18 ft. (required) to 15 ft. (proposed); and  from section 285-11B(5)(b) to reduce the minimum distance from the driveway to the east side property line from 18 ft. (required) to 15 ft. (proposed).  The property is located in the R-30 One Family Residence District and is designated on the Town Tax Map as parcel ID: 8.400-281-31
	3.				Case No. ZBA 25-08: Zhen Tan c/o Hudson Engineering & Consulting, P.C., 56 Dobbs Ferry Road  (P.O. White Plains, NY 10607) – Area Variances Applicant is requesting an area variance from Section 285-35D(1) (Table I) of the Zoning Ordinance to increase the maximum lot coverage from 35% (permitted), 37.4% (existing) to 48.34% (proposed); and from Section 285-38E to reduce the number of parking spaces for the extension/construction of a driveway to 3 parking spaces (proposed) for a pre-existing nonconforming use requiring six off-street parking spaces for 3 apartments within a three family dwelling.  The property is located in the UR-LTF - Urban Renewal - Limited Two-Family Residence District and is designated on the Town Tax Map as parcel ID: 7.480-295-37
					NEW CASES
	4.				Case No. ZBA 25-11: William & Kristine Welker, 34 Highridge Road  (P.O. Hartsdale, NY 10530) – Area  Variance Applicants are requesting an area variance from Section 285-36N(1) of the Zoning Ordinance to reduce the setback between the side property line and an existing shed from 5 ft (required) to 0.3 ft (proposed), in order to legalize a shed 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: 8.360-262-8
	5.				Case No. ZBA 25-13: Kai Restaurant Group LLC A.KA.  Taco Bell, 57 North Central Avenue  (P.O. Hartsdale, NY 10530) – Area Variances Applicant is requesting area variances from Section 285-29.1C(4) of the Zoning Ordinance to increase the building height from 12 ft (permitted) to 15.4 ft (proposed); from Section 285-29.1C(1) to increase  the floor area ratio from 0.015 (permitted) to 0.09 (proposed); from Section 285-29.1C(7)(a) to increase the maximum impervious surface coverage from 60% (permitted) to 72% (proposed); from Section 285-29.1C(2) to reduce the minimum side yard setback from 20 ft (required) to 14 ft (proposed); from Section 285-29.1C(3) to reduce the minimum front yard setback to off-street parking area from 20 ft (required) to 1.7 ft (proposed); from Section 285-29.1C(3) to reduce the minimum southerly side yard setback to off-street parking area from 10 ft (required) to 3 ft (proposed); from Section 285-29.1C(3) to reduce the northerly side yard setback to off street parking area from 10 ft (required) to 2 ft (proposed); from Section 285-29.1C(3) to reduce the minimum setback from off-street parking areas to the principal building from 10 ft (required) to 0 ft - queue lane (proposed); and from Section 285-38 to reduce the minimum number of parking spaces from 49 (required) to 31 (23 off-street parking spaces, two (2) accessible spaces, seven (7) queue) in order to construct a new drive-thru and onsite dining facility 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: 8.250-184-6 ZBA Case 25-13 Has Been Adjourned to the August 21, 2025 Meeting
	6.				Case No. ZBA 25-14: Alex and Yezenia Martinez, 120 Wood Avenue  (P.O. Ardsley, NY 10502) – Area Variance Applicant is requesting an area variance from Section 285-40C(2) of the Zoning Ordinance to reduce the minimum distance between an open wood deck and the rear property line from 21 ft (required) to 9.1 ft (proposed) in order to construct a deck 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: 8.110-67-30
	7.				Case No. ZBA 25-15: EDC 7 LLC / Thalle Industries, Inc., 50 Warehouse Lane South (aka 7 Warehouse Lane  (P.O. Elmsford, NY 10523) – Modify Conditions of a Previously Granted Special Permit Applicant is seeking to modify conditions 1, 3, 5, 9, 10, 11, 14 and 19 of the Special Permit issued by this Board on March 13, 2025 in ZBA Case 23-21, as well as correct the Decision's findings as they relate to the leased area acreage on the subject property.  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 ZBA Case 25-15 Has Been Adjourned to the August 21, 2025 Meeting
	8.				Case No. ZBA 25-16: Mauro Merchan, 35 Terrace Street  (P.O. White Plains, NY 10607) – Area Variances  Applicant is requesting area variances from Section 285-16(B)(4)(c) of the Zoning Ordinance to reduce the minimum total of two side yards from 18 ft (required), 10.65 ft (by variance granted in ZBA Case 15-21) to 9.6 ft (proposed); from Section 285-16(B)(4)(d) to reduce the minimum distance between the rear yard and principal building from 26 ft (required), 4.83 ft (granted in ZBA Case 15-21) to 0.9 ft (proposed); and from Section 285-16(B)(4)(b) to reduce the minimum distance between the northerly side yard and principal building from 8 ft (required) to 4.5 ft (proposed) in order to legalize the location of a building not in compliance with variances previously granted in ZBA Case 15-21  The property is located in the R-5 One Family Residence District and is designated on the Town Tax Map as parcel ID: 8.10-7-7