Development News for Greenburgh, New York

Wetland Watercourse Permit for Pool Approved with Enhanced Stormwater Management

The Planning Board reviewed a proposal for an in-ground pool at 18 Old Farm Lane, PO Hartsdale. The applicant sought a wetland watercourse permit. The applicant proposed an in-ground pool with a hardscape and fence around the watercourse buffer area. Revisions included increasing the size of the rain garden to accommodate a 50-year storm and removing a backwash for filtration. Measures to protect the watercourse during construction included silt fencing and a small excavator to minimize disturbance. The water runoff mitigation involved a bioretention garden designed for a 50-year storm, exceeding code requirements. The Conservation Advisory Council issued a positive recommendation. A neighbor spoke in favor of the project. The public hearing was closed, with the written record to remain open through June 10th.

Lot Line Shift Approved for Increased Residential Yard Space

The Planning Board heard a preliminary subdivision application for a lot line shift at 8 Willow Lane and 165 Taxter, PO Irvington. The applicant, Michael Barraquette, owner of 8 Willow Lane, seeks to move the property boundary to incorporate a portion of the adjacent property's rear yard to increase play yard space for his children. The neighbor, Lori, owner of 165 Taxter, is in agreement. The proposal involves no modifications to grades or structures. A post and rail fence currently delineating the properties would be moved to the new boundary. Questions arose regarding the history of a strip labeled as right-of-way on the plans, its ownership, and taxation. The applicant presented documentation for the portion of the right-of-way on his side, acquired at purchase, but clarity was needed on the neighbor's documentation and the town's records. The lender on 165 Taxter has indicated no problem with the small portion of property. The board noted a shed on 165 Taxter that was reviewed by the building inspector and did not require a variance. The project was scheduled for a public hearing on June 17th, with a request for further clarity on the right-of-way strip.

Proposed Zoning Changes to Allow Cannabis Retail and Regulate Chicken Keeping

Commissioner Duquesne presented proposed amendments to Chapter 285 to expand the zoning districts where cannabis retailers can obtain a special permit. Currently allowed only in the PD district, proposals include the DS, CA, CB, and TR districts. These would be subject to state-mandated setbacks: 500 feet from schools and 500 feet from houses of worship. The map shows potential areas along Central Avenue, Route 119, and Sawmill River Road. Concerns were raised about the 500-foot setback from schools and the potential for numerous dispensaries along commercial corridors, as well as the interplay with existing town laws on tobacco sales and signage. The board requested a more detailed map showing permitted zones based on setbacks and requested information on economic impact and potential conflicts with residential areas. The discussion also covered the prohibition of chickens in one-family residences, with proposed amendments allowing their keeping on lots of 20,000 sq ft or more, subject to permits, setbacks, and cleanliness standards. An amnesty process for existing chickens and potential need for variances were discussed. The board also noted the recent denial of a use variance for chicken keeping on a smaller lot.

Affordable Housing Requirements to Expand with New Tiers and ADU Option

Commissioner Duquesne presented proposed amendments to Chapter 285 concerning affordable housing. Currently, 784 affordable units exist in Greenberg, with 58 created by the existing 10% inclusionary zoning requirement. The proposed amendments aim to expand this requirement to all multifamily zoning districts, including PUD, PR, M30, and the Four Corners Overlay District, and to one-family residence districts. The definition of affordable housing is being updated from a focus solely on 80% Area Median Income (AMI) to three tiers: 60%, 70%, and 80% AMI for rentals, and maintaining 80% AMI for for-sale units. The amendments also allow developers an alternative to provide two Accessory Dwelling Units (ADUs) for every one affordable housing unit required, without income requirements for ADU occupants. Concerns were raised about the ADU alternative's lack of income verification and the 50-year expiration of affordability restrictions. The county recommended a 60% AMI cap for rentals, but the town's proposal includes 70% and 80% tiers to address a broader need. The discussion also touched on the terminology of 'workforce housing' versus 'below market rate.'