Greenburgh's Planning Board removed a condition requiring the town to remove water lines on 7 and 8 Rita Lane, stating it lacked the legal authority to impose such a demand. The decision, made despite a property owner's vocal protest about long-standing property issues, clarified the limits of the board's power to compel municipal infrastructure work.

What Happened

  • The board amended a prior subdivision approval for 7 and 8 Rita Lane, removing a condition that required the town to remove water lines, after town legal counsel advised it was beyond the board's purview to impose conditions on a third party like the town itself.
  • A property owner at 7 Rita Lane strongly objected, arguing the lines were only capped, not removed, and detailed over ten years of town inaction and significant legal expenses, pushing for a deferral the board rejected to avoid further plat filing delays.
  • For 95 Ardsley Road, the board issued a neutral recommendation to the Zoning Board of Appeals (ZBA) for requested variances, noting the applicant had responsively doubled stormwater management units.
  • The public hearing for an incidental dining special permit at 1019 Central Park Avenue South was closed, but the board deferred a decision and requested a memo from the building inspector regarding required parking lot striping to ensure adequate space for the proposed expansion.

Project Outcomes

  • 7 and 8 Rita Lane (subdivision): Decision amended to remove a condition requiring the town to remove water lines, with the board citing lack of legal authority to mandate town actions.
  • 95 Ardsley Road (steep slope/tree removal permits, variances): Planning Board issued a neutral recommendation to the ZBA for required driveway width and accessory structure height variances, acknowledging added stormwater management.
  • 1019 Central Park Avenue South (incidental dining special permit): Public hearing closed, but a decision was deferred pending a building inspector's memo on required parking lot striping.
  • 279 Jackson Avenue (amended site plan, steep slope, wetlands permits): Public hearing opened with the applicant beginning their presentation for the long-pending nursery project.

What's Next

  • Staff will follow up with the Westchester County Department of Health to expedite the endorsement of the 7 and 8 Rita Lane plat, which is the final step before official filing.
  • The applicant for 95 Ardsley Road will proceed to the Zoning Board of Appeals (ZBA) to seek the necessary variances for the project.
  • The Planning Board will await the building inspector's memo on parking lot striping for 1019 Central Park Avenue South before considering a final decision at its next meeting.

Greenburgh's Planning Board removed a condition requiring the town to remove water lines on 7 and 8 Rita Lane, stating it lacked the legal authority to impose such a demand. The decision, made despite a property owner's vocal protest about long-standing property issues, clarified the limits of the board's power to compel municipal infrastructure work.