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Zoning Map corrected...hearing on assisted living facilities scheduled..community meeting
Release Date: September 13, 2012
Seventeen errors were found in the town's zoning map--- and corrected at the Town Board meeting on September 12th when the Town Board unanimously amended the zoning map.
We also scheduled a public hearing for October 10 at 7:30 PM to consider a local law amending the zoning ordinance of the town of Greenburgh entitled assisting living facilities be adding a definition to identify assisted living facilities to create special permit criteria for such facilities.
Brightview has proposed building an assisted living facility on White Plains Road, Tarrytown. The Town Board will meet with residents at the proposed site on Saturday, September 29th at 12 noon to discuss neighborhood concerns.
Received an e mail from Police Chief Joseph DeCarlo approving a painted crosswalk be installed at Crane's pond in Edgemont as long as proper markings and signage are erected and shrubbery that interferes with site distance be cleared.
RESOLUTION AMENDING THE ZONING MAP OF THE TOWN OF GREENBURGH, PURSUANT TO SECTION 285-64 OF THE TOWN’S ZONING ORDINANCE, NEW YORK MUNICIPAL HOME RULE LAW SECTION 10 AND NEW YORK TOWN LAW SECTIONS 264, 265, WITH RESPECT TO amendments to THE Zoning Map of the Town of Greenburgh based on previous Town board approvals Since 1980 to Present
WHEREAS, the Zoning Map, initially adopted pursuant to Section 285-7 of the Zoning Ordinance of the Town of Greenburgh; and
WHEREAS, pursuant to Section 285-64 of the Code of the Town of Greenburgh, the Zoning Map, Supplementary Zoning Map and schedules may be amended, supplemented, changed, modified or repealed, from time to time, by the Town Board of the Town of Greenburgh (Town Board) on its own motion; and
WHEREAS, on February 28, 2012, the Town Board adopted Resolution TB-2 – 02/28/12, proposing to review the Zoning Map and all amendments for the last thirty years; and
WHEREAS, the Town Board of the Town of Greenburgh charged the Town of Greenburgh Comprehensive Plan Steering Committee and the Department of Community Development and Conservation to review the Zoning Map and all amendments related thereto since 1980 and report to the Town Board any recommendation of potential changes deemed warranted, so the Town Board may consider further action pursuant to Section 285-64 of the Code of the Town of Greenburgh; and
WHEREAS, per the Town Board's initial request, the CPSC has reviewed the Town of Greenburgh Zoning Map and related Town Board resolutions, and has found a number of deficiencies and/or discrepancies:
1. The current Town of Greenburgh Zoning Map was last updated February 2007 and does not reflect several subsequent amendments to the map that were approved by the Town Board.
2. The current Zoning Map contains a Zoning District with boundaries labeled “RR,” which is not referenced in the Zoning Ordinance. All other “RR” designations depicted on pre-1980 Zoning Maps were deleted when the 1980 Zoning Map was adopted.
3. The current Zoning Map uses nearly identical line types and line weights for Zoning District boundaries, Overlay District boundaries, County drainage lines, waterways, etc. These similar line types and line weight create confusion regarding Zoning District boundaries.
4. The current Zoning Map does not accurately depict the current parcel lot layout in unincorporated Greenburgh and has not been updated to include new lots created by subdivisions and site plans.
5. The current Zoning Map does not include all roads and has not been updated to include new roads created by subdivisions and site plans.
6. The current Zoning Map labels some, but not all, municipally-owned parks.
7. The current Zoning Map labels the location of some, but not all, infrastructure facilities, such as water towers.
8. The current Zoning Map labels and depicts building footprints for some, but not all, schools and government buildings.
9. The current Zoning Map inaccurately depicts the location and size of some buildings. For example, the Greenburgh Town Hall is shown at its former site on Knollwood Road and Route 119.
10. The CPSC found seventeen (17) errors with the most current zoning map (attached as Appendix A):
a. Seven (7) zoning map amendments (refer to projects 21, 23, 27, 30, 31, 34, and 37 of the Zoning Map Amendment Report Appendix) were depicted erroneously on subsequent official zoning maps.
b. Eight (8) PUDs erroneously retained former underlying zoning districts (refer to projects 1, 3, 5, 9, 10, 15, 19, 22, and 28 of the Zoning Map Amendment Report Appendix).
c. Two (2) CD Conservation District Overlays, for “Taxter Ridge” and “Glenville Woods,” were erroneously applied to New York State Highway right-of-way lands and an existing
R-5 One-Family Residential District (refer to projects 35 and 39 of the Zoning Map Amendment Report Appendix).
AND, WHEREAS, the CPSC recommends that:
a. the Town Board initiate the appropriate processes, pursuant to Town Code, New York State Town Law and SEQRA, to ensure that an accurate, up-to-date, GIS parcel-based adopted Official Zoning Map, is available for use by the CPSC in its efforts to release the forthcoming Draft Comprehensive Plan;
b. the Draft updated GIS parcel-based Zoning Map (attached as an appendix to this memorandum), be utilized as a basis for this purpose;
c. the Town Board approve the removal of the western zoning district boundary, associated with the former RR District (now known as the South County Trailway), placing said parcels in the R-40 One-Family Residence District;
d. the Town Board adopt a clear and concise process for Town staff to ensure that subsequent zoning amendments are correctly reflected after every amendment on the GIS parcel-based adopted Official Zoning Map.
AND, WHEREAS, the Town Board of the Town of Greenburgh accepts these recommendations; and
WHEREAS, the Town Board of the Town of Greenburgh wishes to take further action pursuant to 285-64 of the Code of the Town of Greenburgh to correct the Zoning Map; and
WHEREAS, pursuant to Section 617.6(a)(1) of the regulations of the State Environmental Quality Review Act (“SEQRA”), as soon as an agency receives an application for funding or approval of an action, it must, among other things, make a preliminary classification of the action under SEQRA; and
WHEREAS, under SEQRA, the actions directly and indirectly proposed by the amendments were preliminarily classified as “Unlisted”; and
WHEREAS, pursuant to Section 617.6(b)(3) of the SEQRA regulations, when an agency proposes to approve an “Unlisted” action, it must, as soon as possible, transmit Part 1 of the EAF and a copy of any application it has received to all potentially involved agencies and notify them that a lead agency must be agreed upon within 30 calendar days of the date the EAF and application is transmitted to them; and
WHEREAS, Section 285-64 of the Zoning Ordinance requires that the Town Board refer proposed amendments to the Planning Board for a report and recommendation before a public hearing is held on the amendments by the Town Board; and
WHEREAS, on May 25, 2012, the Town Board adopted Resolution TB-2 – 05/25/12, (1) declaring the intention of the Town Board of the Town of Greenburgh to declare Lead Agency for the Amendments to the Zoning Map of the Town of Greenburgh and (2) referring the proposed Amended Zoning Map to the Planning Board for a report and recommendation in accordance with the requirements of Section 285-9 of the Zoning Ordinance of the Town of Greenburgh; and
WHEREAS, the Planning Board, at its regularly scheduled meeting on June 20, 2012 discussed a report and recommendation to the Town Board; and
WHEREAS, the Planning Board, at its regularly scheduled meeting on July 18, 2012 discussed a report and recommendation to the Town Board and the Planning Board unanimously voted to make a positive recommendation to the Town Board, relating to the zoning map, as set forth in the CPSC memorandum, GIS map, and report; and
WHEREAS, the Planning Board further recommended the removal of the western zoning district boundary, associated with the former RR District (now known as the South County Trailway) on the map, placing said parcels in the R-40 One Family Residence District; and
WHEREAS, the Town Board of the Town of Greenburgh accepts the recommendations of the Planning Board; and
WHEREAS, the Town Board held a duly noticed public hearing on the application on July 25, 2012, pursuant to Resolution CL-4 – 06/13/12, to consider the proposed amendment to the Zoning Map affecting the subject properties and providing all persons attending the meeting an opportunity to be heard; and
WHEREAS, on September 12, 2012, the Town Board of the Town of Greenburgh, as Lead Agency, having conducted a coordinated SEQR review of the action, and, as Lead Agency, considered the whole action, the criteria listed in 6 NYCRR Part 617.7c, the Long Form Environmental Assessment Form, and comments from Involved and Interested Agencies, Town staff and the public, found that the proposed “Type I” action will not have a significant effect on the environment and issued a Negative Declaration for the project, pursuant to Resolution CD-3 – 09/12/2012;
NOW, THEREFORE, BE IT RESOLVED AND ENACTED, by the Town Board of the Town of Greenburgh as follows:
Section 1. The Zoning Map, dated June 25, 1980, adopted pursuant to Section 285-7 of the Zoning Ordinance of the Town of Greenburgh, as amended by fifty-one (51) resolutions and/or local laws duly adopted by the Town Board and described in Appendix A, is hereby further amended to accurately depict seventeen (17) of the fifty-one (51) amendments previously adopted which were not been accurately depicted on subsequent Zoning Maps, as described in Appendix B, and is hereby further amended to remove the western zoning district boundary associated with the former RR District (now known as the South County Trailway), placing said parcels in the R-40 One-Family Residence District.
Section 2. The Zoning Map, Town of Greenburgh (unincorporated), dated September 12, 2012, attached hereto as Appendix C, is hereby adopted as the official “Zoning Map of the Town of Greenburgh (unincorporated),” declared to be a part of the Zoning Ordinance and hereafter referred to as the Zoning Map, and, when signed and sealed as described in Section 4 below, shall be the final authority as to the current zoning classification of any land within unincorporated Greenburgh, unless subsequently amended by resolution or local law duly adopted by the Town Board.
Section 3. Appendices A, B and C are attached hereto and incorporated herein.
Section 4. The Town Clerk is hereby directed to permanently preserve a copy of the Zoning Map existing before the adoption of this resolution and to permanently preserve in the Town Clerk’s Office the official Zoning Map created pursuant to this resolution after it has been hand-signed and dated by the Town Supervisor and by the Commissioner of Community Development and Planning, and embossed with the seal of the Town of Greenburgh.
Section 5. When copies of the newly adopted Zoning Map are available, if a town department displays the Town’s Zoning Map, the department head shall be responsible for displaying the Zoning Map hereby adopted.
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