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Zoning board approves limited driveway setback relief for Primrose Avenue property, requires engineer sign‑off
Summary
The Greenberg ZBA granted parts of a variance for 19 Primrose Ave to legalize a reduced driveway setback but attached conditions: landscaping, a permanent screening fence and a town‑engineer sign‑off ensuring no stormwater runs onto the neighbor’s property.
The Greenberg Zoning Board of Appeals on Tuesday granted part of the application from owners of 19 Primrose Avenue, authorizing a reduced side‑yard setback for the driveway while imposing conditions aimed at preventing stormwater impacts to a neighboring yard.
The board said the applicants must file plans and record the decision in the county land records, install a landscaped pervious buffer on the west side of the house and keep a solid screening fence in place in perpetuity between the driveway and 21 Primrose Avenue, with repair and replacement the applicant’s responsibility. Before a certificate of occupancy is issued, the town engineer must sign off that the improvements will not result in runoff onto the neighbor’s property.
The applicants, who identified themselves at the hearing as Jose and Genari Cotto, told the board they had completed most required tree replacements, supplied a planting plan dated May 7 and presented a letter from Deputy Commissioner Aaron Smith saying three replacement trees were on order or already planted. The applicants also said they had repaved and modified the driveway after following guidance from an engineer and had photographic and video evidence showing no observed runoff following a recent heavy rain.
Board members questioned why parts of the driveway were repaved before a variance or permit was issued; staff noted that, if the variance were denied, the applicant could be required to remove unauthorized pavement but that the board’s decision would focus on whether the requested 0‑foot setback for garage access was appropriate.
The board’s decision grants the requested setback relief in part and attaches the engineer sign‑off and the landscaping and fence requirements as conditions of approval. The board recorded the motion and voted to adopt the conditions; the findings were filed with the record.
The case will remain subject to the town’s normal building‑permit review and any additional approvals required before the work is finalized.
