Agenda

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DRAFT
TOWN OF GREENBURGH
PLANNING BOARD
AGENDA
WEDNESDAY, February 1, 2023 – 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 you 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

ROLL CALL

APPROVAL OF MINUTES

CORRESPONDENCE

OLD BUSINESS - WORK SESSION

Case No. PB 21-08 Gez, Vacant Lots – Clarendon Road, (P.O. Scarsdale, N.Y.) – Preliminary Subdivision, Planning Board Steep Slope Permit & Wetland/Watercourse Permit
A continued work session (March 14, 2022 and April 20, 2022) for a project involving a preliminary subdivision, Planning Board steep slope permit, and wetland/watercourse permit application to combine two existing tax lots to create one (1) lot, for the purposes of constructing a new, approximately 2,000 sq. ft. single-family residence, with related improvements. The Planning Board, on April 26, 2022, issued a positive recommendation to the Zoning Board of Appeals related to area variances that had been deemed required in connection with the project, related to minimum lot area (7,500 sq. ft. required; 6,105 sq. ft. proposed) and minimum lot width (75 ft. required; 62.5 ft. proposed). Pursuant to a memorandum issued by the Town Building Inspector, dated December 12, 2022, the project has been determined to require additional area variances, as per Section 285-40C(6) of the zoning ordinance, which states that any parcel of land having access to a street shown on the Official Map of the Town and having an area or frontage width less than that prescribed for the district in which such parcel is situated, may be used as a lot for any purpose permitted in such district, provided that all of the following requirements are met: Section 285-40C(6)(b) Such parcel was under one ownership at the time of the effective date of this chapter and the owner thereof at that time did not then own and has at no time since then owned anyland adjoining such parcel; Section 285-40C(6)(c) Each owner of such parcel subsequent to the effective date of this chapter has not, subsequent to said effective date, owned any land adjoining such parcel; and Section 285-40C(6)(d) Such parcel was not at any time reduced in area or width by any voluntary act of an owner thereof so as to be nonconforming as to size, under the then existing Zoning Ordinance of the Town. The subject properties consist of approximately 6,105 sq. ft. and are situated on the west side of Clarendon Road, approximately 80 ft. north of the intersection of Clarendon Road and Clarendon Place. The properties are situated in the R-7.5 One-Family Residence District and are designated on the tax map of the Town of Greenburgh as Parcel ID: 8.460-324-8 & 9.

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. 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 22-22 Saunders, 1 St. Mary’s Place (P.O. White Plains, N.Y.) – Preliminary Subdivision and Tree Removal Permit
A continuation of a public hearing (January 4, 2023 and January 18, 2023) to discuss a preliminary subdivision and tree removal permit application involving the proposed subdivision of one (1) lot containing an existing one-family residence into two (2) lots, for the purpose of constructing a single-family home on the newly created lot. The existing on-site residence is to remain on proposed Lot 1. The applicant proposes a new curb cut on Salem Road for access to proposed Lot 2. The applicant proposes the removal of three (3) regulated trees, requiring a tree removal permit, and is in the process of preparing a landscaping plan in conformance with Chapter 260 of the Town Code. The property consists of approximately 33,558 sq. ft. (0.77 acres) and is situated on the northwest side of the intersection of St. Mary’s Place and Salem Road. The property is located in an R-15 One-Family Residence District and is designated on the tax map of the Town of Greenburgh as Parcel ID: 7.130-28-1.

Case No. PB 22-05 Secor Woods, Vacant Lots – Secor Road (P.O. Hartsdale, N.Y.) – Preliminary Subdivision and Tree Removal Permit
A public hearing to discuss a preliminary subdivision application involving the proposed resubdivision of four (4) existing lots into four (4) building lots and one (1) lot for a proposed roadway, built to Town standards. One 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 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. On December 15, 2022, the Zoning Board of Appeals granted one (1) area variance required in connection with the project: Driveway side yard setback from 10 feet (required) to 2.5 feet (approved). 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.

NEW BUSINESS - WORK SESSION

Case No. PB 18-03 Nukho, 16 Rockhill Lane (P.O. Scarsdale, N.Y.) – Planning Board Steep Slope Permit Amendment Request
A work session to discuss an amended Planning Board steep slope permit application involving the legalization of a boulder wall constructed on the property, which deviated from the originally approved plans associated with the project. The applicant was approved to construct a retaining wall with Redi-Rock interlocking blocks but, over the course of work, generated a large amount of rock boulders and elected to utilize those to construct the retaining wall. This resulted in disturbance outside the approved limits of disturbance and an approximately 63 sq. ft. increase in the disturbance to 25-35% slopes (VERY STEEP SLOPES) and an approximately 2,251 sq. ft. increase in the disturbance to 35%+ slopes (EXCESSIVELY STEEP SLOPES). The property consists of approximately 52,459 sq. ft. and is situated on the east side of Rockhill Lane approximately 950 feet from the intersection of Underhill Road and Rockhill Lane. 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: 8.350-252-53.

Case No. TB 22-19 Prospero Nursery, 1120 Knollwood Road (P.O. White Plains, N.Y.) – Town Board Amended Site Plan (Referral to Planning Board)
A work session to discuss an amended site plan application referral from the Town Board involving the proposed re-approval of a previously approved amended site plan application (TB 14-15) from Prospero Nursery, for a project consisting of the proposed removal of seven (7) on-site buildings with accessory structures, the proposed removal of an existing on-site asphalt surface, and the proposed construction of a 4,800 sq. ft. two-story building with related improvements. The property consists of approximately 428,748 sq. ft. (9.84 acres) and is situated on the west side of Knollwood Road (NYS Route 100A) approximately 500 ft. from the intersection of Grasslands Road (NYS Route 100C). The property is located in the R-40 One-Family Residence District and is designated on the tax map of the Town of Greenburgh as Parcel ID: 7.130-22-13, 7.130-22-14 and 7.130-22-15.

Case No. PB 21-30 Casale, 34-40, 50, 00 & 10 Saw Mill River Road (P.O. Hastings-on-Hudson, N.Y.) – Preliminary Subdivision, Site Plan, Planning Board Steep Slope Permit, and Tree Removal Permit
A work session to discuss a preliminary subdivision, site plan, and Planning Board steep slope permit application for a proposal consisting of the subdivision of 8 existing tax lots (8.610-421-72, 73, 74, 75, 76, 77, 78 & 79) into one (1) building lot. The applicant is proposing to modify the layout of the site by moving storage bins to more efficient locations, adding parking, adding storage locations, and other related improvements. The applicant proposes approximately 1,802 sq. ft. of disturbance to 15- 25% slopes (STEEP SLOPES), approximately 1,873 sq. f.t of disturbance to 25-35% slopes (VERY STEEP SLOPES), and approximately 3,979 sq. ft. of disturbance to 35%+ slopes (EXCESSIVELY STEEP SLOPES). The project requires approximately 590 cubic yards of excavation and 100 cubic yards of imported fill, requiring a Fill Permit. The applicant proposes the removal of seven (7) regulated trees, and will be providing a landscaping plan to demonstrate compliance with Chapter 260 of the Town Code. Pursuant to a memorandum issued by the former Town Building Inspector, dated July 13, 2022, a number of area variances are required in connection with the project. The properties consist of approximately 84,992 sq. ft. (1.95 acres) and are situated on the east side of Saw Mill River Road between Farragut Avenue and Holly Place. The properties are located in the LI Light Industrial District and are designated on the tax map of the Town of Greenburgh as Parcel ID: 8.610-421-72, 73, 74, 75, 76, 77, 78 & 79.

Case No. TB 23-01 Chapter 285 – Hartsdale Contextual Review Committee – Zoning Text Amendment (Referral from Town Board)
A work session to consider the issuance of a report and recommendation associated with a zoning text amendment referral from the Town Board related to a modification of the number of members which would constitute the Hartsdale Contextual Review Committee.

ESTABLISH DATE FOR NEXT MEETING
The next regularly scheduled meeting of the Greenburgh Planning Board will be held on Wednesday, February 15, 2023 beginning at 7:00 pm.