Agenda

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FINAL
TOWN OF GREENBURGH
PLANNING BOARD
AGENDA
WEDNESDAY, September 6, 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 22-10 Chao, Vacant Lots – Clayton Road (P.O. Scarsdale, N.Y.) – Final Subdivision, Wetland/Watercourse Permit, and Tree Removal Permit
A work session to discuss the decision of a Final Subdivision, Wetland/Watercourse Permit, and Tree Removal Permit application involving the proposed re-subdivision of 3 existing tax lots (8.400-281-27, 30 & 31) in order to create one (1) flag lot, consisting of 89,841 sq. ft., for the purpose of constructing one (1) new single-family residence, with related improvements. A new curb cut would be provided off of Clayton Road to access the proposed building lot. The proposed driveway would cross over an existing watercourse, which is proposed to be piped as part of the project. A total of approximately 6,000 sq. ft. of watercourse and regulated watercourse buffer area are proposed to be disturbed in connection with the project, requiring a Wetland/Watercourse Permit from the Planning Board. The project rqeuires approximately 850 cubic yards of excavation to carry out the project with 0 cubic yards of imported fill. The Applicant proposes the removal of seven (7) regulated trees, requiring a Tree Removal Permit from the Planning Board, and has prepared a landscaping plan providing for the planting of nine (9) trees, as replacement. The properties, in total, consist of approximately 89,841 sq. ft. (2.06 acres) and are situated on the east side of Clayton Road, approximately 450 feet north of the intersection of Clayton Road and Sheridan Road. The properties are located in the R-30 One-Family Residence District and are designated on the tax map of the Town of Greenburgh as Parcel ID: 8.400-281-27, 30 & 31.

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 23-16 Little Dragon Daycare, 130 Central Park Avenue North (P.O. Hartsdale, N.Y.) – Planning Board Special Permit (Child Daycare Facility)
A public hearing to discuss a Planning Board Special Permit (Child Daycare Facility) involving the proposed re-use of a former nursery space into a children’s daycare facility. The facility is proposed to hold up to 30 children in three (3) separate classrooms. The daycare is proposed on the bottom floor of a church, and the entrance will be locked during operating hours, with only emergency responders having access via a lock box. The Applicant proposes the addition of a 324 sq. ft. playground in the front yard, surrounded by six (6) feet high vinyl privacy fencing. The Applicant requires a waiver from the Planning Board for landscaped buffer area around the playground. The Applicant has identified parking spaces for parent drop-off and pick-up of children, and is proposing the addition of a striped crosswalk in the parking lot. The property consists of approximately 33,977 sq. ft. (0.78 acres) and is situated on the easterly side of Central Park Avenue North, at the intersection of Central Park Avenue North and Jane Street. 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: 8.250-185-7.

OLD BUSINESS - WORK SESSION (CONTINUED)

Case No. TB 23-05 NineDot Energy, Chapter 285-37.1 Battery Energy Storage System – Zoning Text Amendment (Referral from Town Board)
A continued work session (June 7, 2023) to discuss a Zoning Text Amendment referral from the Town Board related to a petition seeking to amend Sections 285-37.1D(18)(b) 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 30,000 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 12,500 sq. ft. 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.

NEW BUSINESS

Case No. PB 23-11 Collins, 19 Pine Lane (P.O. Irvington, N.Y.) – Planning Board Steep Slope Permit
A work session to discuss a Planning Board Steep Slope Permit application involving the proposed construction of a pergola, retaining walls, and an expanded driveway. The Applicant’s proposal also includes stormwater management systems for the new impervious surfaces and landscaping along a steep slope to aid in runoff reduction. The Applicant proposes approximately 343 sq. ft. of disturbance to 15-25% slopes (STEEP SLOPES), approximately 356 sq. ft. of disturbance to 25-35% slopes (VERY STEEP SLOPES), and approximately 50 sq. ft. of disturbance to 35%+ slopes (EXCESSIVELY STEEP SLOPES). The Applicant proposes approximately 5 cubic yards of excavation, and 0 cubic yards of imported fill. The project has been reviewed by the Town’s Building Inspector who, in a memorandum dated July 27, 2023, determined that the following two (2) area variances are required: (1) Minimum distance from patio to side property line, from 10 feet (required) to 8.8 feet (proposed); and (2) Minimum setback from driveway to side yard, from 8 feet (required) to 0 feet (proposed). The property consists of approximately 12,465 sq. ft. (0.29 acres) and is situated on the westerly side of Spine Lane, approximately 70 feet from the intersection of Pine Lane and Mount Pleasant Lane. 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: 7.360-184-9.

Case No. PB 23-17 Dilmaghani, Vacant Lot (Parcel ID 8.471-346-24 & 22) – Old Army Road (P.O. Scarsdale, N.Y.) – Preliminary Subdivision (Initial Conference)
An initial conference to discuss a potential future Preliminary Subdivision application involving the subdivision of one (1) existing lot into three (3) lots, for the purpose of constructing three (3) new single-family homes. Included in the application is a vacant lot (Parcel ID 8.471-346-22) which is not proposed to change in area, but is currently zoned CA Central Avenue Mixed-Use Impact District, which the Applicant is proposing to re-zone to the R-10 One-Family Residence District, the same zoning district as the larger existing lot (Parcel ID 8.471-346-24). The Applicant is proposing a new curb cut on Old Army Road for a new roadway, which would provide access to the lots on which single-family homes are proposed. The project is likely to require Planning Board Steep Slope Permit and Tree Removal Permit approvals, if a formal submission is made. The properties consist of approximately 59,193 sq. ft. (1.36 acres) and are situated on the northeasterly side of Old Army Road, approximately 180 feet from the intersection of Old Army Road and Central Park Avenue. The properties are located in the R-10 One-Family Residence District and CA Central Avenue Mixed-Use Impact District, and are designated on the tax map of the Town of Greenburgh as Parcel ID: 8.471-346-24 & 22.

ESTABLISH DATE FOR NEXT MEETING
The next regularly scheduled meeting of the Greenburgh Planning Board will be held on Wednesday, September 20, 2023 beginning at 7:00 pm.