Agenda Packet Minutes Packet Return
  FINAL
TOWN OF GREENBURGH
PLANNING BOARD AGENDA
GREENBURGH TOWN HALL
WEDNESDAY, November 2, 2022 – 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 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, Beaver Hill Road, (P.O. Elmsford, N.Y.) – Preliminary Subdivision
A work session to discuss the decision of a preliminary 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 & 50Beaver 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 agred to seek a subdivision 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 21-27 Renard Self Storage, 42-44 Hayes Street (P.O. Elmsford, N.Y.) – Site Plan
A work session to discuss the decision of a site plan application involving the proposed construction of an approximately 148,750 sq. ft., five (5) story self-storage facility on a property that spans both the Village of Elmsford and the Town of Greenburgh. An existing on-site building would be demolished. The portion of the site situated within the Village consists of approximately 25,350 sq. ft., while the portion of the site situated within the Town consists of approximately 19,650 sq. ft. The project, as proposed, requires several area variances from the Zoning Board of Appeals, as outlined in a memorandum issued by the former Town of Greenburgh Acting Building Inspector, Robert Dam, dated March 24, 2022. A total of fourteen (14) off-street parking spaces and two (2) loading spaces, are proposed. The properties are situated on the northerly side of Haven Street, between Hayes Street and Nepperhan Avenue. The property within the Town is located in the LI – Light Industrial District, and is designated on the tax map of the Town of Greenburgh as Parcel ID: 7.180-57-1..L5.
             
c.
Case No. PB 22-05 Secor Woods, Vacant Lots – Secor Road (P.O. Hartsdale, N.Y.) – Preliminary Subdivision and Tree Removal Permit
A continuation of a work session (July 20, 2022) to discuss a preliminary subdivision application involving the proposed resubdivision of four existing (4) lots into four (4) building lots and one (1) lot for a proposed roadway, built to Town standards. One (1) of the existing lots currently is occupied by a commercial building, proposed to be removed. The remaining three (3) lots are vacant. The applicant proposes the construction of four (4) new single-family homes, with related improvements. The applicant proposes a total of 20 Cultec 330 XLHD stormwater detention units, spread across the four (4) lots proposed to be improved with one-family residences, to handle stormwater runoff created by new impervious surfaces. The applicant proposes three (3) drywells to handle stormwater runoff created from the newly Planning Board Draft Agenda November 2, 2022 2 proposed roadway. The project requires approximately 500 cubic yards of excavation and 0 cubic yards of imported fill. The applicant proposes the removal of approximately 30 regulated trees, requiring tree removal permit approval from the Planning Board, and has prepared a landscaping plan which provides for the planting of twenty-six (26) new trees, as replacement. The subject properties consist of approximately 46,600 sq. ft. and are situated on the southerly side of Secor Road, midway between the intersection of Secor Road and Ivy Place and the intersection of Secor Road and Eastway. The properties are situated in the R-7.5 One-Family Residence District, and are designated on the tax map of the Town as Parcel ID: 8.170-103-6, 7, 8, 9.
             
5. NEW BUSINESS
             
a.
Case No. PB 22-06 Venuti,1 Amanda Court (P.O. White Plains, N.Y.) – Planning Board Wetland/Watercourse Permit
A work session to discuss a Planning Board wetland/watercourse permit application involving the proposed construction of an above-ground pool and deck addition, with related improvements. The wetland, watercourse and wetland/watercourse buffer area on the applicant’s property consists of approximately 40,510 sq. ft., and the applicant is proposing approximately 11 sq. ft. of disturbance within the regulated buffer area. No direct disturbance to the wetland or watercourse is proposed. The above-ground pool is proposed to be located on flat lawn area, terraced above the pond. The applicant proposes approximately 1.62 cubic yards of excavation, to install the deck support posts. The subject property consists of approx. 40,510 sq. ft. (0.93 acres), and is situated on the northerly side of Amanda Court, at the intersection of Amanda Court and Worthington Road. The property is situated in the R-20 One-Family Residence District, and is designated on the tax map of the Town as Parcel ID: 7.450-258-26.5.
             
b.
Case No. PB 22-23 United Refrigeration, 420 Saw Mill River Road (P.O. Elmsford, N.Y.) – Amended Site Plan (PreSubmission Conference)
A pre-submission conference to discuss a potential future potential future amended site plan application involving the demolition of an existing warehouse structure and construction of a new, three (3) story warehouse structure. The applicant proposes to construct a three (3) story, 73 feet high, 120,755 sq. ft. warehouse facility on an existing paved property. The applicant has indicated that four (4) area variances likely will be required: (1) off-street parking from 121 spaces (required) to 89 spaces (proposed); (2) maximum building height from 25 feet (permitted) to 73 feet (proposed); (3) maximum stories from 2 (permitted) to 3 (proposed); and (4) maximum building coverage from 30% (permitted) to 37% (proposed). The applicant has prepared plans providing for the land-banking of 55 parking spaces on the first floor of the facility, and will provide 34 outdoor parking spots with one (1) loading dock. The property consists of approximately 108,464 sq. ft. (2.49 acres) and is situated on the east side of Saw Mill River Road, approximately 300 feet from the intersection of Saw Mill River Road and Hunter Lane. The property is located in the IB Intermediate Business District and is designated on the tax map of the Town of Greenburgh as Parcel ID: 7.120-19-21.
             
c. Case No. PB 22-24 Hart Hills Hospitality, 45 North Washington Avenue (P.O. Hartsdale, N.Y.) – Site Plan, Planning Board Steep Slope Permit, and Tree Removal Permit (Pre-Submission Conference)
A pre-submission conference to discuss a potential future site plan, Planning Board steep slope permit, and tree removal permit application involving the demolition of an existing, two-story frame residence, garage, and related improvements, and the construction of a new, two-story, 8-unit multifamily apartment building, together with sixteen (16) off-street parking spaces, a 1,500 sq. ft. open space area, and related improvements. The applicant has indicated that five (5) area variances likely will be required: (1) minimum lot area: 24,000 sq. ft. (required) to 22,912 sq. ft. (proposed); (2) maximum building coverage: 18.3% (permitted) to 26.16% (proposed); (3) minimum front yard setback: 40 ft. (required) to 30.5 ft. (proposed); (4) minimum side yard setback: 40 ft. (required) to 37 ft. (proposed); and (5) minimum rear yard setback: 40 ft. (required) to 10 ft. (proposed). The property consists of approximately 27,378 sq. ft. (.63 acres) and is situated on the westerly side of North Washington Avenue, approximately 150 feet southwest of the intersection of Elmwood Road and North Washington Avenue. The property is located in the M-14 Multifamily Residence District and is designated on the tax map of the Town of Greenburgh as Parcel ID: 8.250-183-3.
             
6. ITEMS FOR PUBLIC HEARING & PUBLIC DISCUSSION
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 21-32 Midway Shopping Center, 913-999 Central Park Avenue South, (P.O. Scarsdale, N.Y.) – Amended Site Plan, Special Permit, and Planning Board Shared Parking Reduction Request
A public hearing to discuss a Planning Board amended site plan application, special permit (Tier 2 Battery Energy Storage System) application, and a Planning Board shared parking reduction request involving the proposed installation of two Tesla Megapacks of 16 units each, for a total system capacity of 5,798.4 kWh. The installation is proposed to occupy a footprint of approximately 766 sq. ft. and will be 98 feet from the nearest property line, where 100 feet is required and 50 feet is allowable via a waiver from the Planning Board, and 41 feet from the nearest building, where 100 feet is required and 10 feet is allowable via a waiver from the Planning Board. The applicant proposes the removal of one (1) regulated tree from the subject property, requiring a tree removal permit from the Planning Board. The applicant is in the process of preparing a landscape restoration plan. The project involves the removal of three (3) existing off-street parking spaces, necessitating a shared parking reduction from the Planning Board (1,147 existing; 1,150 previously approved; 1,144 proposed), pursuant to § 285-38D(5) of the zoning ordinance. The property consists of 14.1 acres (612,976 sq. ft.), 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: 8.530-363-2.
             
b. Case No. PB 21-33 Greenville Shopping Center, 799-855 Central Park Avenue South, (P.O. Scarsdale, N.Y.) – Amended Site Plan, Special Permit, and Planning Board Shared Parking Reduction Request
A public hearing to discuss a Planning Board amended site plan and special permit (Tier 2 Battery Energy Storage System) application involving the proposed installation of two Tesla Megapacks of 16 units each, for a total system capacity of 5,798.4 kWh. The installation is proposed to occupy a footprint of approximately 766 sq. ft. and will be 70 feet from the nearest property line, where 100 feet is required and 50 feet is allowable via a waiver from the Planning Board, and 72 feet from the nearest building, where 100 feet is required and 10 feet is allowable via a waiver from the Planning Board. The project involves the removal of six (6) existing off-street parking spaces, necessitating a shared parking reduction of three (3) spaces from the Planning Board (486 required; 489 existing; 483 proposed), pursuant to § 285-38D(5) of the zoning ordinance. The property consists of 7.05 acres (306,967 sq. ft.), 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: 8.460-328-1.
             
7. ESTABLISH DATE FOR NEXT MEETING
The next regularly scheduled meeting of the Greenburgh Planning Board will be held on Wednesday, November 16, 2022 beginning at 7:00 pm.

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