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  TOWN OF GREENBURGH PLANNING BOARD
GREENBURGH TOWN HALL
AGENDA
WEDNESDAY, October 19, 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 - WORK SESSION
 
a.  


Case No. PB 22-16 Dalewood II (Paris Baguette), 385 Central Park Avenue North (P.O. Hartsdale, N.Y.) – Planning Board Special Permit (Restaurant) and Shared Parking Reduction
A work session to discuss the decision of a Planning Board special permit (restaurant) application and a Planning Board shared parking reduction request involving the proposed conversion of a 3,000 sq. ft. vacant retail space into a restaurant space, to facilitate a bakery-style restaurant. The restaurant is proposed to contain up to 31 seats and requires an additional 25 off-street parking spaces. The site previously was granted shared parking reductions of 79 spaces and 17 spaces, under Case No. PB 16-34 and Case No. PB 20-27, respectively. The applicant is requesting a shared parking reduction to account for the 25 additional off-street parking spaces required in connection with the proposed conversion of already built-out space (468 spaces required – 443 spaces proposed) initially approved for use as a retail storefront. No existing parking spaces will be removed in connection with the proposal. The property consists of approximately 372,489 sq. ft. (8.55 acres) and is situated on the western side of Central Park Avenue North (NYS Route 100) approximately 1080 ft. from the intersection of Fieldstone Drive. The property 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: 8.150-96-4. A portion of the property (approximately 24,800 sq. ft. or .57 acres) is located in the City of White Plains.
 
b.  


Case No. PB 21-07 Greystone PUD Lots 4-7, Carriage Trail (P.O. Tarrytown, N.Y.) – Final Subdivision
A work session to discuss the decision of a final subdivision application involving the resubdivision of four (4) building lots and one (1) lot containing a roadway, in order to remove the cul-de-sac roadway and revegetate it, distributing the land amongst Lots 4, 5, 6, and 7 of the development. The applicant previously petitioned for and was granted a zoning change to a PUD Planned Unit Development district, allowing for multiple dwellings on a single lot (Case No. TB 19-02). The applicant previously received a Planning Board steep slope permit in connection with its prior subdivision approval (Case No. PB 11-13). The applicant previously received a Planning Board steep slope permit and site plan approval (Case No. PB 20-08) in connection with the development site. The properties consist of approximately 415,303 sq. ft. (9.5 acres) and are situated on the east side of South Broadway (NYS Route 9). The properties are located in the PUD Planned Unit Development District and are designated on the tax map of the Town of Greenburgh as Parcel ID: 7.290-141-9.4, 7.290-141-9.5, 7.290-141-9.6, 7.300-142-3.7, and 7.290-141-9.15.
 
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 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 22-01 Ries, Beaver Hill Road, (P.O. Elmsford, N.Y.) – Preliminary Subdivision
A public hearing to discuss 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 & 50 Beaver 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.
 
6.   OLD BUSINESS - WORK SESSION (continued)
 
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 continued work session (February 2, 2022 and March 2, 2022) 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 continued work session (February 2, 2022 and March 2, 2022) 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 2, 2022 beginning at 7:00 pm.
 

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