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ZBA grants modest impervious‑coverage relief to legalize pool/patio work

Greenburgh Zoning Board of Appeals · November 20, 2025
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Summary

Joseph Newberry received a 2.75‑percentage‑point variance to legalize after‑the‑fact patio and walkway work related to a recently completed pool; the board noted pavers are treated as impervious and accepted mitigation (plantings/drainage).

The Greenburgh Zoning Board of Appeals granted Joseph Newberry a 2.75‑percentage‑point variance to legalize after‑the‑fact patio and walkway work associated with a recently completed pool at his 24,043 Taxtor Road property.

Newberry said his 20,038‑square‑foot lot’s permitted coverage is 21.75%, and that his as‑built coverage is now 24.5% because a contractor altered patio dimensions during construction. He said the pool was made marginally smaller but that patio area and added walkways increased impervious coverage; he provided neighbor letters of support and said most of the changes are in the rear yard and not visible from the street.

Building staff clarified that pools are treated differently from paving but that the patio and the added walkways count as impervious under the town code; the board noted that pavers and similar materials remain impervious for coverage calculations. Newberry said he added privet plantings and a large magnolia tree as mitigation and described a drainage system installed to manage runoff.

Because the request was modest on a nearly half‑acre lot, and with neighbor support and mitigation measures in place, the board approved the variance subject to the usual conditions: final plan filing with the building department, required permits, and construction to begin within 12 months of the last necessary approval.