Neighbors and board spar over Taco Bell drive‑through near Hartsdale Gardens; decision moved to Feb. 19

The Town of Greenburgh Zoning Board of Appeals on Jan. 15 heard hours of testimony and expert analysis on an application to convert the Honeybaked Ham site at 57 North Central Ave into a Taco Bell with a drive‑through. Applicant counsel Matt Behrens said the proposal had been reduced since its first appearance—removing six sign variances, dropping murals, redesigning wall signage and lowering the requested building height from 24.1 feet to 21.1 feet above grade.

Why it matters: The project sits directly behind Hartsdale Gardens apartment buildings and residents said it would materially change the character of the block, reduce quality of life and risk late‑night disturbance. The applicant’s traffic and noise studies concluded the project would meet the town’s standards, but neighbors and some board members said the studies did not address critical real‑world conditions.

The applicant’s noise consultant, Dana Cugno of Beelang Associates, described a multi‑site measurement program and modeling that used LAeq averages and field data from an existing Taco Bell location. Cugno reported ambient measurements along North Central Avenue in the mid‑50s decibels, weekend and overnight lows in the mid‑40s, and a modeled project contribution of roughly 46 dB at the adjacent building exterior in the absence of mitigation. Cugno said that, with proposed mitigation—directional speaker orientation, automatic volume control and a SIMTech sound‑attenuating fence (STC rating cited as about 26)—site noise would remain below Greenburgh’s Chapter 3‑80 noise limit (65 dB) and mostly imperceptible indoors.

Neighbors disputed the sampling and modeling choices. Several speakers and an attorney representing residents, Raya Mallett, said the consultant’s comparison site and weekend sampling missed the community’s principal concern: late‑night and intermittent noises (vehicle queues, honking, motorcycles, garbage trucks and patrons) and the effect when residents open windows in warm weather. “The noise study only measured the vehicular movements and noise from the proposed box,” Mallett said, and, she argued, the zoning board must apply the statutory five‑factor variance balancing test, which focuses on the character and welfare of the neighborhood.

On traffic, applicant traffic engineers (JMC) and the town consultant, John Canning, presented updated counts and modeling. Canning summarized the record as projecting about 93 trips in the busiest hour (roughly 46 in and 46 out) and slight changes in left‑turn delays (from about 10.1 to 10.2 seconds). He said the driveway consolidation had conceptual approval from the New York State Department of Transportation but noted that DOT could later request measures such as left‑turn restrictions. The applicant offered to voluntarily prohibit left turns in and out if the board and DOT considered it necessary.

Resident testimony emphasized quality‑of‑life concerns and site constraints: speakers described the proposed drive‑through queue directly adjacent to apartment windows, cited past unsuccessful commercial uses at the location, and raised safety questions about deliveries and emergency vehicle access. A number of residents asserted that granting multiple variances would be inconsistent with the community’s 4 Corners redevelopment goals and existing zoning precedents.

What the board did: After public testimony and board questioning, the ZBA recessed deliberations and announced it would close the hearing for decision and calendar the matter for Feb. 19, 2026, so members could review the record and deliberate further. No final variances were approved or denied at the Jan. 15 meeting.

Next steps: The board’s Feb. 19 session is set to include the ZBA’s decision on the variances and any conditions. The ZBA asked parties to have records complete and to be prepared for decision‑level discussion.