Agenda

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DRAFT
TOWN OF GREENBURGH
PLANNING BOARD
AGENDA
WEDNESDAY, June 7, 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 Lee F. Jackson Conference Room, located at 177 Hillside Avenue, Greenburgh, NY, and will also take place via Zoom. THIS MEETING WILL NOT BE BROADCASTED ON CABLE TELEVISION OR ON THE TOWN’S WEBSITE. If you would like to watch the meeting or 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 22-12 Pan, Vacant Lot – Old Tarrytown Road (P.O. White Plains, N.Y.) – Planning Board Steep Slope Permit and Tree Removal Permit
A continued work session (May 17, 2023) to discuss 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 Applicant proposes approximately 8,649 sq. ft. of disturbance to 15-25% slopes (STEEP SLOPES), approximately 3,119 sq. ft. of disturbance to 25-35% slopes (VERY STEEP SLOPES), and approximately 3,563 sq. ft. of disturbance to 35%+ slopes (EXCESSIVELY STEEP SLOPES) in connection with proposed development of the lot. The project requires approximately 1,600 cubic yards of excavation and 0 cubic yards of imported fill. The Applicant proposes the installation of 12 Cul-tec stormwater management units and a dry swale along the proposed driveway leading to a proposed stormwater detention basin, to handle runoff from new impervious surfaces. The Applicant proposes the removal of 67 regulated trees, requiring a Tree Removal Permit, and has prepared a landscaping plan providing for the planting of 51 trees, as replacement. These materials are currently under review by the Town Forestry Officer. The property consists of approximately 50,287 sq. ft. (1.15 acres) and is situated on the northerly side of Old Tarrytown Road, approximately 200 feet from the intersection of Old Tarrytown Road and County Center Road. The property is located in the R-7.5 One-Family Residence District and is designated on the tax map of the Town of Greenburgh as Parcel ID: 7.430-247-13.

ITEMS FOR PUBLIC HEARING & PUBLIC DISCUSSION

Individuals may submit comments on public hearing items via email to publichearing@greenburghny.com, or regular mail to Town of Greenburgh, attn: CD&C, 177 Hillside Avenue, Greenburgh, NY, 10607, within the open written record period and such comments will be made part of the record.
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 23-07 Bocada Jeep Dealership, 380 Saw Mill River Road (P.O. Elmsford, N.Y.) – Planning Board Special Permit (New Motor Vehicle Sales), Planning Board Steep Slope Permit, and Planning Board Landscape Buffer Waivers
A public hearing to discuss a Planning Board Special Permit (New Motor Vehicle Sales) and Planning Board Steep Slope Permit application, and Planning Board Landscape Buffer Waivers request, in connection with the proposed conversion of a vacant commercial space formerly occupied by Sportime USA, to a new automobile dealership (Bocada Jeep) and service center. The project also requires a Town Board Amended Site Plan and Tree Removal Permit (Case No. TB 23-04). The Applicant proposes to renovate the existing building on the property and make related parking lot improvements. The project involves approximately 73,979 sq. ft. of total disturbance to the site, including 1,430 sq. ft. of disturbance to 15-25% slopes (STEEP SLOPES), 357 sq. ft. of disturbance to 25-35% slopes (VERY STEEP SLOPES), and 1,258 sq. ft. of disturbance to 35%+ slopes (EXCESSIVELY STEEP SLOPES). The project requires approximately 450 cubic yards of excavation and approximately 925 cubic yards of imported fill, requiring a Fill Permit from the Bureau of Engineering. The Applicant proposes the removal of 23 regulated trees requiring a Tree Removal Permit from the Town Board, and has prepared a related landscaping plan which is under review by the Town Forestry Officer. The project requires four (4) waivers from the Planning Board for landscape buffer areas along the property lines to the north, south, east, and west of the property. The property consists of approximately 234,788 sq. ft. (5.39 acres) and is situated on the easterly side of Saw Mill River Road, across from the intersection of Saw Mill River Road and Fairview Park Drive. 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: 7.120-19-22.

NEW BUSINESS - WORK SESSION

Case No. PB 23-08 Animal Dermatology, 53 Tarrytown Road (P.O. White Plains, N.Y.) – Planning Board Special Use Permit (Small Animal Hospital)
A work session to discuss a Planning Board Special Use Permit (§285-28B(3)(c))application involving the proposed conversion of a former commercial recreational facility and a former dry cleaners space into an animal dermatology clinic. The Applicant proposes no exterior work with the exception of façade changes to facilitate signage for the clinic. The proposed 4,387 sq. ft. animal hospital requires 22 off-street parking spaces, the same amount as required under the previous uses. The facility is proposed to be staffed with up to nine (9) employees, at full capacity. The Applicant is not proposing any overnight boarding of animals. The property consists of approximately 86,113 sq. ft. (1.98 acres) and is situated on the southwestern side of Tarrytown Road, approximately 400 feet from the exit 5 off-ramp from I-287. The property is located in the DS Designed Shopping District and is designated on the tax map of the Town of Greenburgh as Parcel ID: 8.80-42-8.

Case No. TB 23-05 NineDot Energy, Chapter 285-37.1 Battery Energy Storage System – Zoning Text Amendment (Referral from Town Board)
A work session to discuss a Zoning Text Amendment referral from the Town Board related to a petition seeking to amend Sections 285-37.1D(18)(b), (c), and (d), and add (g), to facilitate a future application for a 10,000 sq. ft., 40,000 kWh capacity Battery Energy Storage System (BESS) at 444 Saw Mill River Road, P.O. Elmsford, N.Y. The Applicant proposes to amend Section 285-37.1D(18)(b) to increase the capacity of Tier 2 BESS from 6,000 kWh to 8,000 kWh in the One-Family Residence, CA, CB, DS, IB, LOB, OB-1, and UR Districts. The Applicant additionally proposes to amend Section 285-37.1D(18)(b) to increase the capacity of Tier 2 BESS from 12,000 kWh to 50,000 kWh in the OB, GI, LI, PD, and PED Districts, and increase the maximum combined footprint of BESS facilities in those districts from 3,500 sq. ft. to 15,000 sq. ft. The Applicant proposes to amend Section 285-37.1D(18)(c) to reduce the additional setback requirements for Tier 2 BESS facilities in excess of 40,000 kWh capacity in the GI, LI, PD, and PED Districts from 300 feet to 200 feet to the property line of the nearest one-family residence. The Applicant proposes to amend Section 285-37.1D(18)(d) to increase the maximum height of a Tier 2 BESS facility from 10 feet to 12 feet. The Applicant proposes to add Section 285-37.1D(18)(g) to provide for additional planting requirements if trees are removed as part of a BESS application.

ESTABLISH DATE FOR NEXT MEETING
The next regularly scheduled meeting of the Greenburgh Planning Board will be held on Wednesday, June 21, 2023 beginning at 7:00 pm.