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  TOWN OF GREENBURGH PLANNING BOARD
AGENDA
WEDNESDAY, April 21, 2021 – 5:00 P.M.

Meetings of the Planning Board will be adjourned at 8:00 p.m.
                  

 
             
Due to the COVID-19 pandemic and the Governor’s Executive Order 202.1, there will be no public gathering in Town Hall for this meeting. Planning Board Members will participate remotely. 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 or local cable television Altice Channel 76 and Verizon/FiOS Channel 35. If you would like to view the meeting via the Zoom platform or participate in one or more of the public hearings, you must pre-register through the Department of Community Development and Conservation by emailing publichearing@greenburghny.com or calling 914-989-1530, specifying the applications that you would like to speak on. Instructions to participate will then be emailed to you or you will receive a return phone call.

Please note that due to technical difficulties, the Planning Board meeting scheduled for today, Wednesday April 21st at 5:00 pm will not be broadcast live on cable or the Town website. There are no public hearings scheduled, however, if you seek to watch the meeting live, please email
planning@greenburghny.com for the Zoom link. The meeting will be broadcast as a recording on the Town website and re-aired on cable anticipated this weekend.


AGENDA
 
1.   ROLL CALL
 
2.  


APPROVAL OF MINUTES
 
3.   CORRESPONDENCE
 
a.  


Case No. PB 21-02 Patel, 25 Bayberry Road (P.O. Elmsford, N.Y.) – Minor Project Wetland/Watercourse PermitTown Wetland Inspector report to Planning Board.
 
4.   OLD BUSINESS
 
a.   Case No. PB 19-03 BMR-Ardsley Park, 410-460 Saw Mill River Road (P.O. Ardsley, N.Y.) – Final Subdivision, Planning Board Steep Slope Permit, and Tree Removal PermitA work session to consider the decision of a final subdivision, Planning Board steep slope permit, and tree removal permit application for a proposal consisting of the subdivision of an existing campus (formerly Ciba Geigy and currently Acorda Therapeutics, Inc.) consisting of two (2) building lots, into a total of (3) three building lots, together with various site improvements, including: (1) the proposed enhancement of surface parking areas on proposed Lot 1; (2) the proposed relocation of surface parking from proposed Lot 2 to proposed Lot 1; and, (3) the addition of landscaping, sidewalks, retaining walls, and pervious pavement. The applicant proposes 156,128 sq. ft. on 15-25% slopes (STEEP SLOPES), 25,479 sq. ft. on 25-35% slopes (VERY STEEP SLOPES) and 8,537 sq. ft. on 35%+ slopes (EXCESSIVELY STEEP SLOPES). The project involves approximately 14,000 cubic yards of excavation and 0 cubic yards of imported fill. The applicant proposes the removal of thirty (30) regulated trees, requiring a tree removal permit from the Planning Board. The applicant will plant a total of 10 Sugar Maple trees, 10 River Birch trees, 6 Black Tupelo trees, and 4 Red Oak trees, as replacements. On November 13, 2019, the Town Board granted amended site plan approval in connection with the project (TB 19-05). On September 19, 2019, the Zoning Board of Appeals granted one (1) area variance required in connection with the project, to reduce the minimum lot width of Lot 3 from 200 feet (required) to 40 feet (approved). The properties consist of approximately 1,856,3161 sq. ft. (42.82 acres) and are situated on the easterly side of Saw Mill River Roadapproximately 1,700 ft. south of the intersection of Saw Mill River Road and Lawrence Street. The properties are located in the GI General Industrial District, and are designated on the tax map of the Town of Greenburgh as Parcel ID: 8-430-305-7, 8-500-350-3 & 8-500-350-4.
 
b.   Case No. PB 20-25 Correia, 5 Teramar Way (P.O. White Plains, N.Y.) – Planning Board Steep Slope Permit and Tree Removal PermitA work session to discuss the decision of a Planning Board steep slope permit and tree removal permit application involving the proposed construction of a new single-family home, with related improvements. The project site previously contained a single-family residence, which was demolished by the Town in 2017. The applicant is proposing to utilize the existing curb cut for the driveway to the new residence. The applicant proposes approximately 3,339 sq. ft. of disturbance to 15- 25% slopes (STEEP SLOPES), approximately 2,375 sq. ft. of disturbance to 25-35% slopes (VERY STEEP SLOPES), and approximately 310 sq. ft. of disturbance to 35%+ slopes (EXCESSIVELY STEEP SLOPES). The applicant is proposing the installation of ten (10) Cultec 330XL units to handle stormwater runoff created by new impervious surfaces. The project requires approximately 292 cubic yards of excavation and approximately 30 cubic yards of imported fill. The applicant proposes the removal of 13 regulated trees, requiring a tree removal permit, and has prepared a landscaping plan calling for the planting of 13 trees, as replacement. The property consists of approximately 10,340 sq. ft. (0.24 acres) and is situated along the north side of Teramar Way, approximately 180 feet from the intersection of Teramar Way and Fair Street. The property is located in the R-10 One-Family Residence District and is designated on the tax map of the Town of Greenburgh as Parcel ID: 8.20-19-23.
 
c.   Case No. PB 20-16­ Captain Lawrence, 444 Saw Mill River Road (P.O. Elmsford, N.Y.) – Amended Site Plan, Planning Board Steep Slope Permit, and Tree Removal PermitA continuation of a work session (April 7, 2021) to discussan amended site plan, Planning Board steep slope permit, and tree removal permit application involving the proposed construction of an approximately 15,166 sq. ft., 36 space parking lot area. The applicant’s proposal would increase the total number of off-street parking spaces on the site from 180, to 216. The applicant is proposing a new curb cut on Clearbrook Road to access the proposed parking area, along with a stairwell leading from the proposed parking lot to an existing parking area. The applicant proposes approximately 16,836.6 sq. ft. of disturbance to 15- 25% slopes (STEEP SLOPES), approximately 5,209.6 sq. ft. of disturbance to 25-35% slopes (VERY STEEP SLOPES), and approximately 322.6 sq. ft. of disturbance to 35%+ slopes (EXCESSIVELY STEEP SLOPES). The project requires approximately 2,272 cubic yards of excavation and approximately 949 cubic yards of imported fill, requiring a fill permit. The applicant proposes the removal of 53 regulated trees, requiring a tree removal permit, and has prepared a preliminary landscaping plan calling for the planting of 23 trees and 22 shrubs, as replacement. The proposal would increase impervious surface coverage from 55.5% to 59.2%. The applicant is proposing the installation of 44 Cultec 330 XLHD chambers to handle the additional runoff from new impervious surfaces. The property consists of approximately 393,153 sq. ft. (9.03 acres) and is situated along the east side of Saw Mill River Road (Route 9A), at the intersection of Saw Mill River Road and Hunter Lane. The property is located in the PD Nonresidential Planned Development District and is designated on the tax map of the Town of Greenburgh as Parcel ID: 7.120-17-1.
 
5.   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 regulated steep slope or within a wetland, watercourse or adjacent 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 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 21-01 Chung & Wong, 18 Mount Pleasant Lane (P.O. Irvington, N.Y.) – Planning Board Steep Slope Permit and Tree Removal Permit
A public hearing to discuss a Planning Board steep slope permit and tree removal permit application involving the proposed construction of a new in-ground pool and spa contained within the pool structure, as well as decking and a pathway leading to the house. The applicant is proposing the addition of two (2) Cultec 150XLHD units to handle stormwater runoff created by new impervious surfaces. The applicant proposes approximately 1,586 sq. ft. of disturbance to 15-25% slopes (STEEP SLOPES), approximately 0 sq. ft. of disturbance to 25-35% slopes (VERY STEEP SLOPES), and approximately 130 sq. ft. of disturbance to 35%+ slopes (EXCESSIVELY STEEP SLOPES). The project requires approximately 275-300 cubic yards of excavation. 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 6 trees and various shrubs, as replacements. The property consists of approximately 20,051 sq. ft. (0.46 acres) and is situated along the east side of Mount Pleasant Lane, approximately 600 feet from the intersection of Mount Pleasant Lane and Pine Lane. The property is located in the R-10 One-Family Residence District and is designated on the tax map of the Town of Greenburgh as Parcel ID: 7.360-185-10.
"This matter will not be heard this evening, and will be rescheduled to the May 5, 2021 Planning Board meeting"
 
6.   NEW BUSINESS
 
a.   Case No. PB 20-15 Gjonbalaj, 14 Rock Hill Lane (P.O. Scarsdale, N.Y.) – Planning Board Steep Slope Permit and Tree Removal PermitA work session to discuss a Planning Board steep slope permit application involving the proposed demolition of an existing guest house and stairway, and the proposed construction of a pool, pool patio with a cabana, a basement addition with a terrace above, a deck, and related improvements. The applicant is proposing the addition of three (3) rain gardens to handle the additional runoff created by impervious surfaces. The applicant proposes approximately 2,122 sq. ft. of disturbance to 15- 25% slopes (STEEP SLOPES), approximately 1,617 sq. f.t of disturbance to 25-35% slopes (VERY STEEP SLOPES), and approximately 3,247 sq. ft. of disturbance to 35%+ slopes (EXCESSIVELY STEEP SLOPES). The project requires approximately 218 cubic yards of excavation. The project requires the removal of six (6) regulated trees, requiring a tree removal permit, and the applicant has prepared a landscaping plan calling for the planting of 20 trees and various shrubs, as replacements. It is noted that the Planning Board issued a steep slope permit on March 29, 2018 (Case No. PB 17-23) involving a similar proposal at the site. The property consists of approximately 42,644 sq. ft. (0.98 acres) and is situated along the east side of Rock Hill Lane, at the start of the cul-de-sac. 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: 8.350-252-54.
 
b.   Case No. TB 21-04 Chapter 285 – Battery Energy Storage System Facilities – Zoning Text [Local Law] Amendment (Referral from Town Board)A work session to discuss a zoning text [Local Law] amendment referral from the Town Board related to Battery Energy Storage System (BESS) facilities. The local law would create a special permit and related processes for BESS facilities, as a newly defined use, applicable in various Zoning Districts of the Town, using a Tier-based system for differently scaled systems. The proposed amendments would also make modifications to clarify aspects of § 285-10A(4)(b) Public Utility Structures. The Town-initiated local law was prepared with guidance from a Town Board-appointed BESS Committee, and was referred on April 14, 2021.
 
7.   ESTABLISH DATE FOR NEXT MEETING
The next regularly scheduled meeting of the Greenburgh Planning Board will be held on Wednesday, May 5, 2021 beginning at 5:00 pm, via Zoom-enabled Video Conference.
 

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