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The original item was published from 6/9/2020 11:13:03 PM to 7/5/2020 12:00:00 AM.

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Posted on: June 9, 2020

[ARCHIVED] Emergency order authorizing temporary or expanded outdoor restaurant seating

The NYS Health Department has approved an Emergency Order authorizing temporary or expanded outdoor restaurant seating within unincorporated Greenburgh. We're working with the Hartsdale Parking district to allow some metered parking spots to be used

The NYS Health Department has approved an Emergency Order that I will issue on Wednesday authorizing temporary or expanded  outdoor restaurant seating within unincorporated Greenburgh.  In addition, we are working with the Hartsdale Parking District . Some of the metered parking spaces will be used to make it easier for restaurants on E Hartsdale Ave to have additional outdoor seating.  Concrete barriers could be installed to protect safety of pedestrians.  The order takes effect on 6/10th The use of some metered parking spaces is being worked on by the Parking District, Police and Planning Departments.
Paul Feiner


TOWN OF GREENBURGH - - LOCAL EMERGENCY ORDER NO. 1.2



            Whereas, on March 17, 2020, I issued Local Emergency Order No. 1.1, the Town of Greenburgh Declaration of Disaster Emergency, pursuant to the Constitution of the State of New York and Section 24 of the New York State Executive Law; and



            Whereas, as of June 1, more than 33,000 residents of Westchester County, including nearly 1,200 residents of the unincorporated section of the Town of Greenburgh, have contracted the COVID-19 virus, and Greenburgh and two adjoining municipalities are among the five municipalities in the County with the highest number of cases; and



Whereas, the public health emergency necessitating my original Order still exists in many respects, however, flexibility with regards to certain types of business and industry have been enabled through recent Phase 1 and Phase 2 re-openings authorized by the Governor of the State of New York; and



            Whereas, the Town of Greenburgh seeks to provide businesses in the unincorporated portion of the Town enabled through the Phase 2 re-openings the greatest potential to safely open succeed; and



Whereas, beginning Tuesday, June 9, 2020, Mid-Hudson Region Phase 2 re-openings authorized by the New York State Governor’s Executive Orders permit restaurants to serve patrons food or beverage only in outdoor space; and



            Whereas, although some restaurants in the Town contain existing and previously approved outdoor seating, local ordinances may prevent or limit restaurants from efficiently expanding such outdoor seating or providing outdoor seating where none previously existed; and



Whereas, the Town of Greenburgh seeks to provide flexibility to restaurants desirous of providing new or expanded Outdoor Seating (sidewalk, parking lot, yard or other outdoor spaces) on a temporary basis through an expedited permit process, where it can be demonstrated that such seating can be safely situated, meet social distancing guidelines, and satisfy Westchester County Department of Health, New York State Department of Health, and Centers for Disease Control and Prevention (CDC) issued guidelines/regulations, and New York State Liquor Authority regulations;




            NOW, THEREFORE, I, Paul J. Feiner, Town Supervisor of the Town of Greenburgh, by virtue of the authority vested in me by the Constitution and Laws of the State of New York, in order to protect residents, employees and patrons who utilize restaurants in the unincorporated section of the Town of Greenburgh, hereby issue the following Local Emergency Order No. 1.2 pursuant to the Constitution of the State of New York and Section 24 of the New York State Executive Law:



            1.  For purposes of providing outdoor seating only, notwithstanding the Town’s definition of restaurants in Chapter 285-5 of the Zoning Ordinance, for the purposes of this Local Emergency Order No. 1.2, the term “restaurant” shall include any lawfully existing business falling within the following designations in the Code of the Town of Greenburgh: “fully enclosed restaurant,” “fully enclosed freestanding ice cream stands,” and “incidental dining establishments.”



            2.  Such restaurants identified above seeking to implement temporary expanded or new temporary outdoor seating are required to follow the procedures below:



(a)   contact the Town of Greenburgh Building Department to arrange a site visit with Town staff;

(b)  complete an outdoor dining/sidewalk café temporary permit application (enclosed), inclusive of a sketch of the sidewalk or other outdoor area where the seating is proposed, and demonstrating a method of protection from vehicular traffic;

(c)  if such outdoor seating is approved, outdoor occupancy shall not occur until a final inspection letter is signed and delivered to the establishment; and

(d) remove such temporary seating if ordered by the Town of Greenburgh Building Inspector or Police Chief and/or upon the termination of Emergency Order 1.2.



            3.  Restaurants and similar uses as identified above, seeking to implement temporary expanded or new temporary outdoor seating are hereby exempt from the following local procedures and/or local approval processes set forth in the Code of the Town of Greenburgh for the duration of the temporary outdoor dining permit:

(a)  amended site plan approval;

(b)  lot and bulk requirements, including parking requirements.



            4.  Any permit application which is denied by the Building Inspector shall be entitled to appeal such denial to the Zoning Board of Appeals.



            5.  This Local Emergency Order 1.2 shall become effective at 11:00 am, Wednesday, June 10, 2020.



            6.  This Local Emergency Order No. 1.2 is subject to any written directive issued to me by the Governor, the State Department of Health or State Liquor Authority necessitating a modification of this Order.



            7.  This Local Emergency Order No. 1.2 shall remain in effect for a period of five (5) days, or until no longer renewed by me, as Town Supervisor, or as otherwise herein provided.





Issued:  June 10, 2020

              11:00 a.m.



PAUL J. FEINER, Supervisor

Town of Greenburgh

pfeiner@greenburghny.com<mailto:pfeiner@greenburghny.com>

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