Agenda

Return

TOWN OF GREENBURGH
PLANNING BOARD
AGENDA
WEDNESDAY, September 20, 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 21-30 Casale, 34-40, 50, 00 & 10 Saw Mill River Road (P.O. Hastings-on-Hudson, N.Y.) – Final Subdivision, Amended Site Plan, Planning Board Steep Slope Permit, and Tree Removal Permit
A work session to discuss the decision of a Final Subdivision, Amended Site Plan, Planning Board Steep Slope Permit, and Tree Removal Permit application for a proposal consisting of the re-subdivision of eight (8) existing tax lots (8.610-421-72, 73, 74, 75, 76, 77, 78 & 79) into one (1) lot. The Applicant is proposing to modify the layout of the site by relocating 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. ft. 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 1,787 cubic yards of excavation and 287 cubic yards of imported fill, requiring a Fill Permit from the Town Engineer. The Applicant proposes the removal of seven (7) regulated trees and the installation of four (4) planter boxes on the site, in order to satisfy the requirements of Chapter 260 of the Town Code. On June 15, 2023, the Zoning Board of Appeals granted all area variances required in connection with the project, as proposed. 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. PB 23-11 Collins, 19 Pine Lane (P.O. Irvington, N.Y.) – Planning Board Steep Slope Permit
A continuation of a work session (September 6, 2023) 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 Pine 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.

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 continuation of a public hearing (September 6, 2023) 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 areas 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 continuation of a work session (June 7, 2023 and September 6, 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 - WORK SESSION

Case No. PB 22-07 Chick-fil-A, 20 Tarrytown Road (P.O. White Plains, N.Y.) – Site Plan, Special Permit (Quick Service/Fast Food Restaurant), and Tree Removal Permit
A work session to discuss a Site Plan, Special Use Permit (quick service/fast food restaurant), and Tree Removal Permit application involving the proposed construction of a new quick service/fast food restaurant building, with related improvements. The Applicant proposes to construct a new, 5,000 sq. ft., 94-seat (74 interior, 20 exterior) quick service/fast-food restaurant, with a double-lane drive-thru. The property has existing curb cuts on Old Kensico Road and on County Center Road. The Applicant proposes to relocate the curb cut on Old Kensico Road and add a curb cut to County Center Road. The Applicant proposes to include 113 parking spaces (80 striped, 33 credited for drive-thru), where 143 spaces are required. A total of thirty (30) off-street parking spaces, dedicated for employee parking only, are proposed to be situated on an adjacent lot located within the City of White Plains zoned Business (B-3), requiring approval from the city. The following area variances are required: (1) side yard setback to detached canopy, from 40 feet (required) to 6.8 feet (proposed); (2) Tarrytown Road side yard setback to principle building, from 40 feet (required) to 36.8 feet (proposed); (3) County Center Road side yard setback to principle building, from 40 feet (required) to 5.4 feet (proposed); (4) County Center Road side yard setback to accessory storage building, from 40 feet (required) to 16.2 feet (proposed); (5) total of two side yards, from 80 feet (required) to 42.2 feet (proposed); (6) distance from off-street parking to principal building, from 10 feet (required) to 7.7 feet/0 feet for the parking lot/drive-thru (proposed); (7) off-street parking spaces, from 143 (required) to 113 (proposed); (8) distance from off-street parking to front lot line, from 20 feet (required) to 3.4 feet (proposed); (9) distance from off-street parking to side lot line (County Center Road), from 10 feet (required) to 2.4 feet (proposed); (10) distance from off-street parking to side lot line (Tarrytown Road), from 10 feet (required) to 2.2 feet (proposed); and (11) height of exterior lighting, from 14 feet (permitted) to 27 feet (proposed). The Applicant proposes to remove several landscaped trees in the existing parking area, requiring a Tree Removal Permit from the Planning Board, and has prepared a landscaping plan providing for 19 trees and 270 shrubs, as replacement. The Applicant seeks waivers from the Planning Board for the required 10-foot landscaped buffers on all sides of the property. The Applicant has prepared a traffic impact study, which has been reviewed by the Town’s traffic consultant for this project. The subject properties consist of approximately 75,065 sq. ft. (1.7 acres) and are situated on the northerly side of Tarrytown Road, at the intersection of Tarrytown Road and Old Kensico Road. The properties within the Town of Greenburgh 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 in total consist of approximately 55,912 sq. ft. The properties within the City of White Plains are located within the B-3 Business District, are designated as Parcel ID: 125.57-3-1 & 2, and in total consist of approximately 19,153 sq. ft.

ESTABLISH DATE FOR NEXT MEETING
The next regularly scheduled meeting of the Greenburgh Planning Board will be held on Wednesday, October 4, 2023 beginning at 7:00 pm.