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Planning Board weighs broad Chapter 285 zoning changes on affordable housing, ADUs, cannabis and chickens
Summary
Commissioner Duquesne presented a package of Chapter 285 zoning amendments that would expand the town’s 10% below-market-rate requirement to more zones and start it at five-unit projects, introduce three AMI tiers (60/70/80%), add an ADU compliance option for subdivisions, and widen where cannabis retail could operate subject to state 500‑foot school separations.
Commissioner Duquesne presented proposed updates to Chapter 285 to the Planning Board on Wednesday, outlining changes intended to widen and diversify below‑market‑rate housing in Greenburgh.
"There are approximately 18,000 plus housing units in Unincorporated Greenberg," Commissioner Duquesne said, and staff noted that only 784 of those are reduced‑rate units, of which just 58 resulted from the town’s 10% set‑aside. He described a new, three‑tier rental approach that would split required set‑aside units across 60%, 70% and 80% area‑median‑income bands.
Why it matters: the draft would extend the 10% requirement into additional zoning districts and lower the project threshold to five units, while giving developers an optional compliance path that uses accessory dwelling units (ADUs) in lieu of a for‑sale or rental BMR unit. The proposal also includes an option for subdivisions to deliver two ADUs in place of one required BMR unit.
Board members pressed staff on oversight, enforcement and long‑term permanence. Planning board members asked whether ADU‑based compliance would be subject to the same income certification and county oversight used for existing set‑aside units. "The town entered into a contract with Westchester County," Commissioner Duquesne said, noting the county currently assists with annual certifications for the town’s existing units and could play a role in administration.
The board also discussed the proposed 50‑year affordability term for deeds and whether longer terms (55–99 years) or a rolling mechanism should be considered to avoid a long‑term erosion of the affordable stock once expirations occur.
Related changes in the same package include expansions to where licensed cannabis retailers could locate, making them subject to special‑permit criteria in additional commercial and mixed‑use zones. Commissioner Duquesne flagged the state’s Feb. 2026 rule requiring a 500‑foot minimum separation between retail dispensaries and school entrances; he said staff will supply a buffer map showing which parcels would remain eligible under the new rules.
The package also would permit keeping chickens on single‑family lots larger than roughly 20,000 square feet (about a half acre), subject to setbacks, cleanliness and permitting; enforcement would be complaint‑driven with an administrative permit required for new coops.
Where it goes next: staff will revise draft language to clarify definitions, oversight for ADU‑based compliance and affordability term length, produce a map of 500‑foot cannabis buffers around schools and houses of worship, and return with refined language for the Planning Board’s recommendation to the Town Board.
The board did not vote on the zoning text tonight; the discussion is being used to refine the proposal ahead of later hearings and a Town Board decision.
