Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Land Subdivision topic
No spam. Unsubscribe anytime.
Attorney outlines two‑lot resubdivision with shared driveway; board signals positive recommendation to zoning board
Summary
Attorney Bob Bernstein described a resubdivision of a Clayton Road parcel into two lots plus an access strip to accommodate a shared 20‑foot driveway; the Planning Board agreed to seek lead‑agency status for SEQRA and signaled a positive recommendation on variances pending further engineering and tree‑removal review.
Bob Bernstein, attorney for the applicant, told the Greenburgh Planning Board that PB2409 would recreate a three‑parcel configuration on vacant land off Clayton Road: two buildable lots and a narrow access strip to hold a shared driveway. "The plan is to recreate that third lot for the driveway," Bernstein said, explaining the approach is intended to avoid flag‑lot configurations and preserve neighborhood character.
Bernstein said the application requires variances because the proposed lots would not have frontage on a road improved to town standards; the applicant is seeking relief to reduce the frontage requirement from 25 feet to none and to allow driveway setback relief (15 feet proposed versus 18 feet required). He said alternatives — widening the road to the 26‑foot town standard or building a cul‑de‑sac — would increase impervious surface and drainage impacts.
Staff noted a watercourse runs along the Clayton Road frontage and that the plan proposes a piped culvert under the proposed driveway; Bernstein said the team will install a pipe to convey the flow and will file a tree‑removal and landscaping plan. "There'll be 19 trees proposed to be removed," Bernstein said, adding the application will include a replacement plan showing replantings.
Board members pressed about maintenance and emergency access. The applicant said the access strip would remain private and be maintained by residents or a developer, potentially enforced through covenants or an HOA; the board requested language or conditions to guarantee emergency access and prohibit parking in the fire‑access area. Staff said the town typically requires an emergency‑access easement and will verify fire‑access expectations with the Fire District.
Procedural next steps: the board agreed to circulate notice of intent to be lead agency under SEQRA and to coordinate review with the Zoning Board of Appeals and other involved agencies. Staff will draft a SEQRA circulation and a recommendation on the variances to accompany the applicant's ZBA submission. Bernstein said the applicant aims to file with ZBA by Feb. 15 and to meet with the Conservation Advisory Council on Feb. 13.
The board did not make a final determination on the variances at the Feb. 5 meeting; staff will confirm whether the tree‑replacement plan meets code and will return with a draft SEQRA determination and any recommended conditions for the board to consider.
