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FINAL
TOWN OF GREENBURGH PLANNING BOARD
AGENDA
WEDNESDAY, May 18, 2022 – 7:00 P.M.
Meetings of the Planning Board will be adjourned at 10:00 p.m.

Due to the COVID-19 pandemic, 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
@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.publichearing, you must pre-register through the Department of Community Development and Conservation by emailing participate in one or more of the public hearings via Zoom. If you would like to view the meeting via the Zoom platform or therafter. This meeting will be broadcast live on Cable Television and a recording likely will be available on cable television

AGENDA

ROLL CALL

APPROVAL OF MINUTES

CORRESPONDENCE

NEW BUSINESS

Case No. PB 22-07 Chick-fil-A, 20 Tarrytown Road, (P.O. White Plains, N.Y.) – Site Plan & Special Permit (Restaurant)
A pre-submission conference to discuss a potential future site plan and Planning Board special permit (fast food restaurant) application involving the proposed demolition of the existing, on-site building (CVS) and the construction of a new, approximately 5,000 sq. ft. restaurant, together with a dual lane drive-thru, outdoor patio area, detached meal ordering canopy, a meal delivery canopy, off-street parking spaces, and related site improvements. The project site is located in both the Town of Greenburgh and City of White Plains. A majority of the project, including the proposed building and drive-thru, would be situated within the Town. A portion of the proposed off-street parking spaces, access drives, directional signage, curbing, and landscaping would be situated on the City’s parcel. In total, the properties consist of approximately 1.84 acres and are situated at the intersection of Tarrytown Road and Old Kensico Road. The properties within the Town 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 total approximately 1.38 acres.

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.

Case No. PB 17-36 Zappico, Old Colony Road (P.O. Hartsdale, N.Y.) – Preliminary Subdivision, Planning Board Steep Slope Permit, Wetland/Watercourse Permit, and Tree Removal Permit
A public hearing to discuss a preliminary subdivision, steep slope permit, wetland/watercourse permit, and tree removal permit application for a proposal consisting of the subdivision of two (2) existing tax lots, in order to create four (4) zoning compliant lots, for the purposes of constructing four (4) single-family residences. Proposed Lot 1 would consist of 58,372 sq. ft. Proposed Lot 2 would consist of 23,753 sq. ft. Proposed Lot 3 would consist of 17,012 sq. ft., and proposed Lot 4 would consist of 14,973 sq. ft. The applicant proposes 20,193 sq. ft. of disturbance on 15-25% slopes (STEEP SLOPES), 9,058 sq. ft. of disturbance on 25-35% slopes (VERY STEEP SLOPES) and 26,002.5 sq. ft. of disturbance on 35%+ slopes (EXCESSIVELY STEEP SLOPES). The applicant proposes to disturb approximately 641 sq. ft. of the 1,236 sq. ft. of regulated watercourse area on the subject property, associated with the proposed piping of an on-site watercourse, and approximately 29,743 sq. ft. of the 46,235 sq. ft. of regulated watercourse buffer area on the subject property. The applicant proposes the removal of eighty (80) regulated trees, requiring a tree removal permit from the Planning Board. The applicant has prepared a landscaping plan which calls for the planting of seventy-one (71) trees, and an assortment of foundation shrubs and plants, as replacements. The properties consist of approximately 114,110 sq. ft. and are situated on the south side of Old Colony Road, opposite the intersection of Old Colony Road and Midvale Road. The properties are located in the R-10 One-Family Residence District, and are designated on the tax map of the Town of Greenburgh as Parcel ID: 8.360-259-11 & 12.

NEW BUSINESS (continued)

Case No. TB 22-02 Chapter 285 – Adult-Use Cannabis – Zoning Text Amendment (Referral from Town Board)
A work session to discuss a zoning text amendment referral from the Town Board related to the comprehensive regulation of cannabis in the Town of Greenburgh, to be consistent with the guiding principles established in Town Board Resolution CD-2 – 12/13/2021, and consistent with the Marijuana Regulation & Taxation Act (MRTA) and related guidance of the Office of Cannabis Management (OCM). The draft local law is entitled “Cannabis,” and would amend Section 285-5 of the Code of the Town of Greenburgh entitled, “Definitions;” Section 285-32 entitled, “LI Light Industrial District;” Section 285-33 entitled, “GI General Industrial District;” Section 285-34 entitled, “PD Nonresidential Planned Development District;” Section 285-36 entitled, “Supplementary use regulations,” and Section 285-38 entitled, “Off-street parking, loading, and landscaping requirements.”

Case No. TB 22-03 Chapter 285 – Designed Shopping (DS) District Updates – Zoning Text & Zoning Map Amendments (Referral from Town Board)
A work session to discuss a zoning text and zoning map amendment referral from the Town Board related to the Designed Shopping (DS) District. The proposed zoning text amendments would amend Section 285-28 of the Code of the Town of Greenburgh to provide for a broader mix of commercial, office, and related uses in its locations along the Town’s mixed-use corridors and its locations at several high volume intersections in the Town. The proposed zoning map amendments would rezone three existing parcels (7.80-9-1; 7.80-9-2; and 7.80-9-3) containing one-family residences from the DS District to the R-10 One-Family Residence District.

ESTABLISH DATE FOR NEXT MEETING
The next regularly scheduled meeting of the Greenburgh Planning Board will be held on Wednesday, June 1, 2022 beginning at 7:00 pm.