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COUNCIL OF GREENBURGH CIVIC ASSOCIATIONS

Minutes of March 16,1999 Meeting

fxs.jpg (22229 bytes) Francis Sheehan, a member of the Greenburgh Zoning Board, Antenna Review Board, and founder of the Secor Homes Civic Association, addresses CGCA members' concerns regarding various antenna-related issues.

The Council of Greenburgh Civic Associations seeks to provide information and advance the common interests of member civic groups in important Town affairs. Of the 34 member civic groups, the following have paid their 1999 dues:

East Irvington Civic Association
Edgemont Civic Association*
Edgemont Community Council, Inc.
Fort Hill Association
Fulton Park Civic Association
Glenville Community Association
Granada Condominium III Association
Hillside-Wyndover Civic Association
Juniper Hill Civic Association
Knollwood Manor Civic Association
Lower Manor Woods Neighborhood Association
Northern Greenville Civic Association
Parkway Gardens Civic Association
Secor Homes Civic Association, Inc.
Southern Greenville Civic Association
Stone Oaks Condominium
The Colony At Hartsdale
The Cotswold Association, Inc.
Westchester Hills Condominium

*Dues also paid for 2000.

To date, twenty civic groups have paid their 1999 dues. There is $935.08 in the treasury. Minutes of the February 16, 1999 meeting were read and approved. Minutes of the December 1998 and January 1999 meetings were not available.

CGCA CABLE TV PROGRAM

Currently airing on the CGCA cable TV program: Chairman Danny Gold interviewing Francis Sheehan about Greenburgh's Antenna Law, proposed amendments to the law, and the role of the Antenna Board. Mr. Sheehan co-authored the town's Antenna Law. In January he was re-appointed to the Antenna Advisory Board (now named "Antenna Review Board') for a five-year term. Mr. Sheehan also serves on the Zoning Board of Appeals and was formerly president of the Secor Homes Civic Association.

Next taping of the CGCA cable TV program: Chairman Gold will discuss planning and enforcement issues regarding local properties with Carol Wielk, Secretary of the Secor Homes Civic Association.

GREENBURGH LIBRARY

Chairman Gold reported that he took part in a "focus group" on Saturday, March 13 that had been organized by the Greenburgh Library Board of Trustees to identify services and space needs for the future. The eight people in Danny's group felt that interior space in the library was sufficient but there was need for more parking spaces. Some CGCA members disagreed and noted that current interior space is inadequate for office staff, holding meetings, listening to music or obtaining access to historic records. The library will make available a report in two to three weeks.

AMENDMENTS TO THE ANTENNA LAW

Information was provided about the marathon work sessions that the Antenna Advisory Board members attended on March 4, 5, 7, 8, 9 and 10 with Deputy Town Attorney Mindy Hartstein and/or Town Board members Eddie Mae Barnes and Timmy Weinberg in order to come to an agreement about the proposed amendments to the Antenna Law. The amendments were finally adopted by the Town Board on March 10. Or so we thought! After reviewing the videotape of the meeting, Ella Preiser discovered that the Town Board had not first made a SEQR determination as required by State law. To correct this defect, it will be necessary for the Town Board to revote on the amendments at the March 24 meeting.

Concern was expressed that comments made by Supervisor Feiner linking passage of the amendments to the Nextel case before the ZBA would compromise the Town's position in the lawsuit that Nextel has filed against the Town in federal court. The CGCA unanimously voted that Chairman Gold should write to Supervisor Feiner asking him to recuse himself from the vote on the amendments at the March 24 meeting. The CGCA will also issue a press release on this matter.

Copies of the following articles about the antenna law from The Scarsdale Inquirer were distributed:

3/12/99 - "Antennna board gets new name, new powers' by David 1. Glenn.

3/5199 - "Clarification." and Letter to the Editor "AAB will not allow preferential treatment for Nextel application" by Cora Carey, Member of the Antenna Advisory Board.

2/19/99 - Letter to the Editor "Nextel demands, rumors concern WFAS neighbors" by Lore Kramer of Hartsdale.

2/12/99 - Letters to the Editor "Supervisor: Greenburgh must follow federal regulations on cell antennas" by Paul Feiner, Greenburgh Town Supervisor, and "Town board should value expertise of volunteers" by Madelon O'Shea, President of the Edgemont Community Council.

PROPOSED FLOOD PLAIN REGULATIONS

Tomorrow evening the Planning Board will hold a public discussion on whether the Town should replace the current Flood Damage Prevention Law (adopted 5-11-88) with a model code prepared by the New York State Department of Environmental Conservation. The model code includes a process similar to that of filing for a building permit with no public notification required. CGCA will recommend revisions including: a process for public notification and hearings, continuance of the Planning Board as the approving body for the issuance of permits for development in areas of special flood hazard, and naming the Zoning Board of Appeals as the approving body for any variances that may be sought.

PLANNED WALKING TOUR - SECOR HOMES AREA

Town Board Members have agreed to join residents on a walking tour of properties in the Secor Homes area at 2:30 p.m. on March 23. The trip was organized as a result of questions that were raised about enforcement policies at a recent neighborhood meeting. Areas to be visited include the WFAS radio station tower and properties on Jennifer Lane and Westchester View Lane.

ZBA OPENING

An opening exists on the Zoning Board of Appeals as a result of the resignation of Bob Nadel, ZBA Chairman, who has served almost twenty years on the ZBA. To date the Town has not advertised this position on Town Board agendas as promised. The CGCA agrees that informing the community about potential opening will ensure the most qualified candidates.

Questions were raised about the process of selecting candidates to fill openings. It was noted that one candidate for the ZBA position was questioned by the Budding Inspector. CGCA members agreed that it would be totally inappropriate for the Building Inspector to have any say into who was appointed to the ZBA since one of the chief functions of ZBA members is to consider appeals from the decisions of the Building Inspector. The CGCA.also agreed that it would be equally inappropriate for the Town Supervisor or any Town Board member to try to make a deal with a candidate in exchange for appointing that candidate to a ZBA position. The ZBA should be an independent body free from political pressures. Chairman Gold will write to the Supervisor requesting information on the process that is involved in selecting candidates and will include the Supervisor's response in the next CGCA mailing.

RESPONSE TO COMMISSIONER LOPEZ

The CGCA again discussed the February 1, 1999 letter from Planning Conunissioner Stephen Lopez regarding the CGCA October 20, 1998 minutes. CGCA members continue to have concerns about the manner in which Mr. Lopez and other Town employees interpret provisions of site plan or subdivision approval in a manner that is favorable to applicants and detrimental to the community. Chairman Gold will send a letter to Mr. Lopez expressing CGCA concern about the issue of destruction of the buffer area at Westchester View Lane, the destruction of trees at Westy's Storage, and the failure to enforce the landscaping requirements at Sam's (formerly Pace) Membership Warehouse.

347 CENTRAL AVENUE

When the application to erect rental apartments behind Treasure Island on Central Avenue was first filed in June 1998, a request was made for a variance to reduce the required number of residential units from 47 to 40. On December 2, 1998, one day before the Planning Board recommended to the Town Board that they approve the project, the applicant's attorney wrote a letter to the ZBA to withdraw the application for a variance since "architects are working on a modification to the building plans which they believe will comply with the requirements of the Zoning Ordinance." No modified plans have been entered into the file and at both the February 10 and March 10 Town Board hearings, the community has not received an answer to the question why the Zoning Ordinance is being interpreted differently and a variance is no longer necessary. The CGCA shares the Edgemont communities' concerns about this proposal. The Town Board is waiting to hear from a traffic consultant about the proposed project.

OPEN GOVERNMENT??

CGCA discussed a number of recent incidents which raise questions about whether the Town Supervisor actually believes in his campaign promise of "open government."

Limiting Access - New Signage and Locks. Signs appear on doors restricting access to the public after 5 p.m. and doors are locked. CGCA members observed one interesting situation where a Town employee was prevented from obtaining information from her office at a Town Board meeting because she did not have a key. Time was wasted as she sought another employee to open the door.

New signs which forbid public use also appear on Town copying machines. Money was paid to have Town copiers reprogrammed to insert special separate codes for each Town employee. CGCA members observed one Town employee who wished to make copies but didn't properly enter the code number and required the assistance of another Town employee.

New Copying Policy. In the past, civic representatives and appointed Board/Committee members have been allowed to make free copies of Town documents on Town machines. The Supervisor recently had a copy machine installed for public and Board/Committee member use - with copies costing fifteen (15) cents a page. CGCA members question why the Town finds it necessary to charge community volunteers 300% more than Staples (a profit-making store) across the street charges.

The Supervisor has stated that civic representatives and Board/Committee members may have free copies of Town documents made within 24 hours by submitting requests at the main copier on the lower level of Town Hall. Town volunteers work for free and many do not have the luxury of the extra time to make a second trip to Town Hall the next day. In addition, the form required to obtain copies of Planning and Zoning Board records requires laborious listing by date and description of document and a signature assuming responsibilities for the documents, even when they are out of one's possession. It appears that Town Board members have instituted the copying policy to prevent volunteers from participating in Town government in an informed way.

The ECC has offered to provide their own paper and pay $5.00 a month for toner in exchange for free access to Town copiers. The Supervisor has indicated separately to both Madelon O'Shea and Ella Preiser that he would suspend the rules and allow them access to copy machines if they would help write the Town's "Adult Use" legislation. Both Madelon and Ella indicated that they could not be bribed.

Limiting Cable TV coverage. Although the taxpayers have paid to have a camera, microphone and recording equipment installed in the Conference Room,  the Town Board refuses to tape board work sessions despite the Supervisor's promise to the CGCA over a year ago that important issues would be televised. Additionally, the many Town Board meetings that are held away from Town Hall are not televised live and thus prevent the participation of the public in the 'Dial Democracy" program that the Supervisor espouses.

Increased use of "Executive" Work Sessions. Previously the public has been invited to attend work sessions when candidates were interviewed for openings on various appointed boards. Members of the public were told they could not be present during the last interview conducted to fill a Zoning Board position. Additionally, a number of work sessions have been held away from Town Hall recently.

REQUESTS TO THE ETHICS BOARD

A discussion took place about the role of the Ethics Board. It was noted that there has been no response to the request of the Secor Homes Civic Association for a judgment on whether the Town Engineer's involvement in interpreting site plan conditions regarding the Westchester View Lane subdivision approval was a conflict of interest since he used to work for the developer.

CABLE TV - COMMUNITY ACCESS

Concern was expressed about the Town Board's failure to provide additional help to Michael Bennett for taping cable TV programs. Michael is willing to work only limited hours each week and this precludes the necessary time to tape, edit and arrange for community shows to be aired promptly.

CATSKILL/DELAWARE WATER FILTRATION PLANT

Alice Moroney reported on an informational meeting she attended on February 25 about the plans the New York City Department of Environmental Protection has for complying with federal legislation that requires all public surface water supplies to be filtered unless they meet and maintain specified filtration avoidance criteria. The Catskill/Delaware Water Supply system provides about 90% of Westchester's water and has been granted conditional approval (until 2002) to avoid filtration. However, the federal law requires that the DEP prepare preliminary plans and an Environmental Impact Statement (EIS) for a filtration plant should it be necessary to build one. Out of a possible 577 sites, the DEP has designated New York City-owned property at Eastview (located in both Greenburgh and Mount Pleasant) as the preferred site. Conceptual designs for the site have been completed. Copies were provided to CGCA members. Alice has volunteered to serve on a Citizens' Advisory Committee which will meet monthly and provide input into the preliminary designs and draft EIS.

GRASSROOTS FOR GREENBURGH

Information was distributed about Grassroots for Greenburgh (GfG), a bipartisan group of Town residents interested in quality of life issues and preserving the character of Greenburgh. The group plans to monitor policies and procedures and hold officials accountable for the actions they take. In an effort to provide information to more residents, GfG is preparing a web -site. The Journal News and The Scarsdale Inquirer have granted GfG permission to include on the web site articles that appear in their newspapers. CGCA granted permission to include CGCA minutes of meetings and correspondence on the GfG web site.

MISCELLANEOUS

Amerisuites Hotel. Although a Draft Environmental Impact Statement has been prepared for the proposed hotel on Route 119 at the border with the Village of Tarrytown, the company is no longer interested in the property.

CVS/Pharmacy. CVS has decided not to pursue plans to build a store at the intersection of Routes 100A and 100B.

Route 9A Multiplex. On March 3 the Planning Board finally granted a Flood Hazard Area Permit and permission for the planned 10-screen movie theater to share parking spaces with the Chase bank on the Master's property. CGCA members noted that according to Town laws both of these approvals should have been granted prior to the Town Board issuing Site Plan Approval. Strict adherence to the law does not appear to matter to Town Board members when certain applications are considered.

Proposed Code Revision re Dumping/Landfill. In response to the complaints of residents in December 1998 regarding a 2 1/2 story landfill on property on Leather Stocking Lane, Town officials have proposed a revision to the Zoning Ordinance limiting the amount of fill that can be placed on any property without a permit. Currently the Zoning Ordinance does not require a permit for dumping or filling property that is less than one acre in size. Public hearings before the Planning Board and Town Board will be scheduled.

Stickley Furniture. The ZBA granted a variance on February 25 to reduce the number of parking spaces from 235 to 80 for the proposed furniture store. The applicant must also obtain a Flood Hazard Area Permit from the Planning Board and Site Plan Approval from the Town Board. Residents of the Fulton Park area remain concerned about the size of the proposed building (70,000 square feet), traffic and the potential for increased flooding from the Manhattan Brook.

A Greenburgh Democratic Party statement on "Open Space" was distributed.

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