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Zoning board upholds building inspector, grants revised special permit tied to 50 Warehouse Lane
Summary
The Greenburgh Zoning Board of Appeals on March 13 denied an appeal of a 2023 stop‑work order and a notice of non‑renewal and, separately, granted a revised special permit for the 50 Warehouse Lane operation, citing unresolved notices of violation and the town code provisions that empower the building inspector to enforce ZBA conditions.
The Greenburgh Zoning Board of Appeals on March 13 denied an appeal of a July 2023 stop‑work order and a notice of non‑renewal for the site known as 50 Warehouse Lane and, as a companion action, approved a revised special permit with technical conditions.
Attorney Darius Sheffazeta, representing Thale Industries, told the board the appeal should be limited to a single legal question: whether the building inspector had authority to issue a stop‑work order for an ongoing industrial operation. "Shutting down an ongoing business is not one of [the inspector's] powers," Sheffazeta said, arguing the town code limits stop‑work orders to construction activities. He asked the board to determine the inspector acted without authority and to set aside the enforcement actions.
Town staff and Town Attorney Joseph Danko told the board the record showed multiple outstanding notices of violation dating to July 2022 and May 2023, and that the building inspector had both the authority and duty to act where ZBA conditions were violated. "There was prior notice," Danko said, and the code's plain language permits stop‑work orders for work not in compliance with ZBA decisions.
After deliberation the board voted to deny the applicant's challenge to the stop‑work order and to deny the appeal from the notice of non‑renewal. The panel found that the building inspector's enforcement actions were supported by open violations and by sections of the town code that the board cited in its findings. The board then granted a new, revised special permit for the site, attaching a multi‑page set of technical conditions and mitigation measures addressing stormwater, screening, and operational limits. The written decisions and the negative declaration prepared by staff will be filed in the record.
Board members and staff noted that the project had been under extensive review since September 2023 and that the negative declaration depends on the applicant meeting the specific engineering and mitigation items described in the board's resolution and in the consultants' memo.
What happens next: the board's written decisions and technical conditions will be posted in the municipal record. The transcript of the meeting uses the town name "Greenberg" repeatedly; the official municipal name is Greenburgh, and the reporting here uses Greenburgh to match town records. The transcript does not include precise vote counts for the motions; the board recorded unanimous and majority 'aye' responses on the record but did not read numeric tallies in the public audio captured in the transcript.
