COUNCIL OF GREENBURGH CIVIC ASSOCIATIONS
Minutes of Meeting - January 15, 2002
The Council of Greenburgh Civic Associations seeks to provide information to and advance the common interests of member civic groups in important Town affairs. The following civic groups paid dues in the year 2001:
Ardsley Estates Civic Association
Beaver Hill Association
Birchwood Civic Association*
Broadview Civic Association*
East Hartsdale Avenue Civic Association
East Irvington Civic Association
Edgebrook Cooperative, Inc.
Fort Hill Association
Fulton Park Civic Association
Granada Condominium III Association
Hartsdale Highlands Civic Assoc.
Hillcrest Park-Ardsley Civic Association
Hillside Wyndover Civic Association
Hilltop Farms Civic Association*
Homestead Owners Corp.
Juniper. Hill Civic Association
Knollwood Manor Civic Association*
Knollwood Neighborhood Association
Longview Association
Lower Manor Woods Neighborhood Association
Mayfair-Knollwood Civic Association
North Elmsford Civic Association
Northern Greenville Association
Parkway Gardens Civic Association
Parkway Homes Civic Association
Poet's Corner Civic Association
Secor Homes Civic Association, Inc.
Southern Greenville Association
The Cotswold Association, Inc.
The Edgemont Association
The Sprain Road Association
Washington Avenue Civic Association
Westchester Hills Condominium*
Winding Road Farm Association
Woodhill Civic Association*
* also paid 2002 dues Thirty-six civic groups paid dues in 2001. There is $665.62 in the treasury.
Minutes of the December 18, 2001, meeting were read and approved with minor corrections that will be made prior to distribution.
The January 15, 2002, CGCA meeting was held at the Multipurpose Center at Anthony F. Veteran Park because Supervisor Feiner has barred the CGCA from meeting at Town Hall.
CGCA members introduced themselves and welcomed Ellen and Bill Zimkin, Village of Elmsford residents whom CGCA Chairman Danny Gold had invited to attend the meeting. Mr. Zimkin serves on the Village of Elmsford Board of Trustees.]
NOB HILL - PROPOSED DEVELOPMENT IN GREENBURGH AND/OR VILLAGE OF ELMSFORD?
Danny Gold reported that the Draft Environmental Impact Statement (DEIS) for the proposal to build 794 rental units (Avalon Green II) on Nob Hill off of Taxter Road may soon be declared complete by the Town Board. He noted that the property owner - the Robert Martin Company (RMC) - was required to assess in the DEIS the impact of developing another parcel of land, currently zoned OB -Office Building, that RMC owns on the other side of Nob Hill (near the Saw Mill River Parkway). CGCA members previously were informed that RMC was threatening secession of the OB-zoned parcel from the Town and annexation with the Village of Elmsford.
Ellen Zimkin confirmed that RMC has approached the Village of Elmsford seeking annexation of the OB-zoned parcel. She stated that in mid-2000, the Elmsford Mayor and a Village Trustee attended a meeting at RMC offices to discuss possible annexation of the Greenburgh OB-zoned parcel and RMC's proposal to build 450 (300 + 150) apartments on the property if it were annexed. RMC provided Elmsford officials with details of the positive fiscal impacts and other benefits that would accrue to the Village of Elmsford if the property were annexed. Mrs. Zimkin informed the CGCA that recently Elmsford business owners have formed an association and presentations have been made by a RMC employee, urging development of the mountain (Nob Hill) to generate new taxes since proposed road improvements to Route 9A would cause demolition of a number of tax-paying properties.
Mrs. Zimkin noted that although RMC continues to propose annexation, there have been no formal negotiations with the Village Board of Trustees. However, in September 2001, village residents who were concerned about the proposed annexation enlisted the help of State Assemblyman Richard Brodsky and Town Supervisor Paul Feiner. Mr. Brodsky told the Mayor that he does not approve of annexation to resolve land use issues. Mr. Feiner sent letters to East Irvington residents about this matter.
Mrs. Zimkin mentioned the horrendous traffic congestion that currently exists along Routes 9A and 119 in Elmsford. She noted RMC claimed the village would receive very little traffic from the proposed 1250 (800 + 300 + 150) apartments. Danny Gold recounted that RMC also told East Irvington residents not to worry, claiming that 80% of the traffic from the proposed 800 units would not use Taxter Road. CGCA members agreed that it was important for Village of Elmsford representatives to attend the public hearings on the DEIS for the Avalon Green II project to prevent the developer from telling different stories to different communities. CGCA members also noted that the Greenburgh Town Board in 1997 passed a resolution and informed the applicants of the Avalon Green II project that no development would be permitted until the traffic problems in the Routes 9A and 119 area were addressed. It was noted that road improvements are still in the "scoping" stage (behind schedule) and the DOT has projected 2008 as the earliest date any road improvements would be completed.
CGCA members asked Mrs. Zimkin how village residents feel about the existing Nob Hill apartment development. (The hilltop property was once a part of unincorporated Greenburgh. Following a lawsuit several years ago, the property was annexed by the Village of Elmsford, which gave approval for the development.) Mrs. Zimkin replied that many village residents view the development as an eyesore. She added that alumni associations of four universities have rented blocks of apartments in the development for students, and the Elmsford Police Department has had to respond to numerous complaints regarding the student occupants.
Mrs. Zimkin informed CGCA members about another issue involving the town and the village that is being linked to the Nob Hill proposed development. A few years ago the Town of Greenburgh gave a piece of property to the Village of Elmsford (off of Route 9A near the Saw Mill River) with the condition that it be used for village residents or as a park. The property has remained vacant. A majority of the Village Board of Trustees is now supporting a proposal to have the conditions for the use of this property changed so that a business owner could use the property for ten years, at no charge, for a rock crushing, blacktop reclamation, composting and soil creation business. In exchange, the business owner would clean up a village storage yard dumpsite, at no cost to the village, on another piece of property in Elmsford (Winthrop Avenue near White Plains Avenue). Mrs. Zimkin stated that she believes this is not a good deal financially. She noted that the village has the resources to clean up the Winthrop Avenue dumpsite. She sees no benefit in creating another dumpsite that has the potential to be a very large environmental disaster, considering its proximity to the Saw Mill River. She mentioned that the business owner previously conducted a similar composting operation in Greenburgh and was closed down.
Mrs. Zimkin noted that the Elmsford Mayor has met with Supervisor Feiner twice regarding a change of use for the proposed dumpsite property. Apparently Mr. Feiner has stated that he will not consider changing the conditions for the use of the property unless the Mayor promises that the Village of Elmsford will not annex the RMC property. The Mayor has not been willing to agree to Mr. Feiner's condition. Mrs. Zimkin mentioned that at a Village Board meeting last night, the Mayor indicated that if Mr. Feiner continues to insist on linking the RMC property to the proposed dumpsite a property, the village would not sign papers to include the Babbitt Court area in the Tax Increment Financing District to address flooding concerns.
CGCA members thanked Mrs. Zimkin for bringing these matters to their attention.
MIDWAY SHOPPING CENTER PROPOSED EXPANSION
Madelon O'Shea reported on the property owner's proposal to renovate and expand the Midway Shopping Center. Supervisor Feiner attended a meeting of The Cotswold Association on December 10 and was informed that residents are not willing to negotiate any expansion at the shopping center. The Cotswold neighborhood is directly across Central Avenue from Midway.
Mrs. O'Shea also noted that the Edgemont Community Council (ECC) newsletter, which devoted several columns to the proposed renovation and expansion of Midway, was delivered to Edgemont homes on December 15. Apparently the ECC newsletter has encouraged one Edgemont resident who supports the Midway expansion to invite some other Edgemont residents to attend meetings with the shopping center owners on January 31 or February 1 to learn more about the proposal and to communicate ideas about possible tenants and aesthetics. Mrs. O'Shea circulated a copy of this January 4 letter.
ZBA CASES
Madelon O'Shea called attention to and asked for input regarding three cases on the ZBA agenda for public hearings on Thursday, January 17, 2002.
01-24 - White Plains Mazda, 482 Tarrytown Road. The auto dealer is requesting that the ZBA modify or remove conditions on a Special Permit obtained from the ZBA in 1993, restricting outside parking spaces to customer parking only. CGCA members noted the unattractive conditions along Tarrytown Road with many car dealers parking cars for sale in the front yards. Mrs. O'Shea noted that it is a violation of the Zoning Ordinance but enforcement has been a problem. A proposal proposal to amend the Zoning Ordinance regarding auto dealers was presented to the Planning Board in 1997 bit never pursued. CGCA members agreed to express concern about this application at the ZBA meeting.
01-35 - Elmsford Realty, Warehouse Lane. The applicant is appealing the decision of the Building Inspector who issued a notice of violation for rock crushing and storage. Alternately, the applicant is seeking a Special Permit to operate a rock-crushing business and to store rock and concrete on the property. The property is located near the Elmsford Animal Shelter. It was rioted that the Town has permitted rock-crushing businesses to operate and sell their products in recent years from construction sites - e.g., the former Alfredo's Nursery site and the new Stickley Furniture store site. Currently, rock crushing is taking place at the old Westchester Premier Theater site. CGCA member; mentioned that many communities ban rock crushing businesses because of noise, dust and heavy truck traffic and questioned why Greenburgh should become the regional center for this type of operation.
01-47 - Exeter Holding Corporation, property bordering Fort Hill Road. The applicant wishes to build a house on this property in Edgemont and needs several variances. The parcel lacks the minimum required lot area-and lot width and does not have access across at least 25 feet of frontage in Greenburgh on a road improved to Town standards. Access to this pie-shaped parcel would be through Via Trenta Court through a subdivision in the City of Yonkers. A variance is also being sought to have only one parking space instead of the required two spaces. The property also contains steep slot es. It was noted that recently the ZBA denied two other applications that lacked the minimum lot area. The CGCA will request that the ZBA be consistent and deny this application for a substandard lot.
UPDATE REGARDING HOMELESS SHELTERS
Alice Moroney reported that negotiations continue between the Mayfair Knollwood Civic Association and the Westchester County Board of Acquisitions and Contracts (BAC) regarding an interim one-year lease (September 2001 -September 2002) to permit the WestHelp homeless shelter (on county-owned land at Westchester Community College) to continue operating. Negotiations for a longer lease have been linked to limiting the number of homeless people the county may shelter at a proposed homeless shelter on the Grasslands Reservation, less than a mile away.
Ms. Moroney also reported that she had spoken with a representative from District Attorney Jeanine Pirro's office regarding a letter the CGCA submitted questioning procedures used in approving the contract to operate the proposed Grasslands homeless shelter. The D.A.'s office will look into the matter but, on first impression, it appears there is no evidence of criminal wrongdoing. Questions were raised about why the County Board of Legislators has done nothing and allowed the BAC to usurp legislative authority regarding contracts. It was noted that some legislators have filed a lawsuit regarding another case involving a contract (in Mount Vernon) authorized without legislative approval. A question was raised whether the Grasslands shelter contract could be added to that lawsuit.
SECURITY AT TOWN HALL
Ella Preiser reported on the procedures for visitors at Town Hall, which are for the :first time being strictly enforced. After signing in at the reception desk, visitors are asked where they want to go. The guard calls the department one wishes to obtain information from or visit. The visitor must then stand and wait for an employee from the department to come and either provide the requested information or act as an escort to the department. If one is being escorted, the guard issues a "sticker" to attach to the visitor's clothing. An employee must also escort the visitor back to the guard station or to another department. Visitors are required to sign out when leaving the building. When the security guard is at lunch or on a break, a town employee is stationed at the desk.
CGCA members raised questions about the unproductive use of employees' time, first answering the internal telephone call and then escorting visitors to and from a department. It was suggested that the real costs of these security measures have not been addressed. CGCA members also asked about the November 2'/, 2001, letter from the Police Chief which offered civic leaders photo I.D. cards that would negate the need for signing in and would permit unescorted access at Town Hall. It appears that I.D. cards for residents will not be issued for some time because all cards for employees have not been issued.
CGCA members questioned security measures at other municipal buildings. There appear to be no new security procedures at other Town of Greenburgh buildings. Also, no other local communities appear to have introduced security measures. Deborah Bloom, who is on jury duty at the Westchester County Courthouse building in White Plains, noted that all persons entering the building have bags scanned, but once through the .initial security, people. are permitted to go anywhere in the building without escort. It was noted that this procedure .has been in place at the County Courthouse for years. Alice Moroney noted that in New York City, at both a federal building and the NYC municipal building, visitors are scanned at the entrance, but no escort is required in either building.
TOWN HALL CLOSED TO SOME TOWN BOARDS/COMMITTEES & CIVIC GROUPS
Under rules imposed by Supervisor Feiner, officially, only the Town Board, Planning Board and Zoning Board of Appeals are permitted to hold evening meetings at Town Hall, and a security guard must be present. Councilwoman Eddie Mae Barnes and Councilman Steve Bass have indicated that they support allowing the public to use Town Hall as a meeting place. Councilwoman Diana Juettner has stated that the issue should be revisited. However, to date, the Town board members have never discussed publicly why Mr. Feiner is allowed to dictate policy. The issue was to be discussed at a Town Board work session with the Police Chief on December 20, 2001, but the public was barred from the discussion.
The Antenna Review Board (ARB), an official board of Greenburgh with decision-making powers, has been barred from using Town Hall for evening meetings. (Note: In 2000, Mr. Feiner chastised the ARB because he thought the ARB was holding all its meetings in the day instead of at night when the public could attend.) The ARB continues to meet at Town Hall, but meetings are held on the s Sidewalk in front of locked doors. At the December 27 meeting, ARB members, consultants for the applicant (Sprint) and the public braved temperatures in the 20s. Reporters from Cablevision's Channel 12 News, the Journal News and the Scarsdale Inquirer covered the meeting.
At the January 9, 2002 Town Board meeting, the ARB chair asked if any member of the Town Board was willing to make a motion that would allow the ARB to meet in Town Hall. No member offered to make the motion. Councilman Bass again stated that he supported allowing town board: s/committees and community groups to use Town Hall. He asked which provision of New York State Town Law allows the Supervisor to determine policy. Town Attorney Susan Mancuso responded that Section 52 provides that the "Supervisor shall be the chief executive officer of a suburban town and ... responsible for the proper administration of town affairs." Ella Preiser noted that Ms. Mancuso's interpretation of Section 52 would appear to turn the Supervisor into a dictator. Mr. Bass told CGCA members that he subsequently sought an opinion from The Associations of Towns. It advised that based on an opinion from the State Comptroller on another matter, by extension, in the absence of a Town Board policy, the Supervisor could determine the policy for hours of operation of Town Hall.
Ella Preiser told CGCA members that she obtained a copy of Section 52 of Town Law and also read an opinion of the State Comptroller that clearly spells out that the Town Board has the authority to determine policy, not the Supervisor. Thus, the Town Board, by majority vote, could adopt a policy permitting the community access to Town Hall for evening meetings. She noted it appears that board members lack the will to establish reasonable security measures and overturn Supervisor Feiner's embarrassing over-reactive measures that have locked dedicated boards and community groups out of Town Hall.
It was noted that for years numerous civic groups and co-op and condo boards have used Town Hall as a meeting place and will be inconvenienced by the Supervisor's rules. Deborah Bloom slated that her coop has traditionally held its annual meeting at Town Hall. She mentioned that the co-op board requires a sign-up sheet and has knowledge of everybody attending the meeting. Since a number of residents of the co-op are elderly, there is concern about where this year's meeting will be held.
ARE TO MEET FOR CGCA MEETING?
CGCA members expressed concern about continuing to hold CGCA meetings at the Multipurpose Center. A number of CGCA representatives have stated that they will not make the trip along the winding dark roads, park in the dark desolate parking area and then climb the steep entrance ramp to the Multipurpose Center. Attendance at meetings has fallen off sharply since Supervisor Feiner barred the CGCA from holding its meetings at Town Hall. Mr. Feiner has stated that in addition to the Multipurpose Center, the CGCA could meet at the Greenburgh Library, the Theodore D. Young Community Center or Police Headquarters.
The various options were discussed. The Library seemed to be the first choice because of its proximity to Town Hall. Although the Library normally closes at 9 p.m., Mr. Feiner stated at the January 8 meeting with the CGCA that the Library will stay open until 11 p.m. Ella Preiser agreed to check with Demita Gerber, Library Director, to determine whether the Library would be able to accommodate monthly CGCA meetings. Some CGCA members suggested meeting at neighborhood restaurants, but it was noted that the ambient noise makes it difficult to listen to each other and take minutes o-'the meetings. It was noted that Poet's Corner would be holding a civic association meeting in January at the Solomon Schechter School. Danny Gold suggested the school would be a centrally located place to hold CGCA meetings; however, questions were raised about whether the school would be willing to open its door to civic groups from throughout the Town.
GARBAGE PICKUPS REDUCED
CGCA members expressed concern about the Town's decision to reduce garbage collection from two pickups a week to a single pickup during weeks containing holidays. It was noted that holidays are usually times when more garbage is created because people are home from work/school and are more likely to entertain. At the January 8 meeting with the CGCA, Supervisor Feiner noted that, if necessary, residents would be able to dispose of garbage at the town Sanitation Garage. He was advised that solution was not helpful because most people work and could not get to the garage before it closed at 4 p.m. and would not be willing to transport smelly garbage that could spill in their cars.
At the January 8 CGCA meeting, Mr. Feiner also suggested that the town could designate sites around town where people could drop off garbage. This solution also has the drawback of transporting smelly garbage, which few residents would be willing to do. Danny Gold suggested to Mr. Fein.-r that the town instead explore neighborhood drop-off sites for recyclables.
CGCA members agreed with Mr. Gold that we should ask Mr. Feiner to seek a creative solution so that twice-weekly garbage pickup can resume during holiday weeks. Many people are unhappy with the new change in scheduling. They do not have sufficient garbage cans or space to store a week's worth of smelly garbage and are concerned about attracting animals It was noted that uncollected garbage could pose a health hazard during holiday weeks in the summer when the weather is much warmer.
The budget for 2002 indicates that the Sanitation Department will be hiring an enforcement officer; however, it is questionable what role this person will serve since the new sanitation schedule violates the existing Sanitation Law. Among other inconsistencies with the new policy, the Sanitation Law limits households to only two twenty-gallon containers of garbage on each collection day. h: was suggested that the town should not make policies without first dealing with codes. Most residents do not wish to be lawbreakers or subject themselves to fines or imprisonment.
CGCA members support efforts to encourage residents to recycle for environmental reasons ins and because it is the law. The Town sends sanitation schedules to residents, but has done little else to educate residents about the requirement to recycle. CGCA members also recognize the fiscal benefits of recycling - the Town must pay $22.50 a ton to the County to dispose of garbage while there is no fee to the County to dispose of recyclables. However, CGCA members agreed they would rather hold on to clean newspapers, cans and bottles for an extra week than smelly garbage.
PUBLIC ACCESS CABLE TELEVISION
It was noted that Mr. Feiner made it very clear at the January 8 meeting with the CGCA that he would not support the recommendations of the Greenburgh Campaign Finance Commission regarding the initial steps to form an independent cable TV board. The recommendations called for each of the four top vote getting political parties and the LWV to present two names to the Town Board, who gets to pick one person from each group. At the January 8 meeting, Mr. Feiner stated that the Greenburgh Democratic Committee did not support his philosophy or style of government and would not pick people who represent his interest. He also stated that some of the people on the LWV were a little negative.
At the January 8 meeting, Mr. Feiner did make a suggestion that he said he could live with - the Town Board would pick two representatives and the CGCA would pick two representatives for a cable board.
A LWV member who did not live in Greenburgh would also be appointed. This five-member board would then establish procedures for creating an independent public access cable board. In an effort to work with the Supervisor to improve public access cable television, CGCA members are willing to support this alternative. Because of time limitations, the CGCA will follow up on this issue at the next meeting.
It was noted that Mr. Feiner has scheduled a meeting of his existing Cable Advisory Committee for later this month. The committee has only met two or three times since it was formed several years ago. Mr. Feiner indicated that he plans to appoint two additional members to this committee - Carl Kellerman and Terry Pavone. Mr. Feiner also said that he would appoint Del Hillgartner (from Beaver Hill) to serve as Chairman of the committee. Councilman Steve Bass would continue as the Town Board liaison to the committee.
MISCELLANEOUS
"Revolutionary War" House/Property Sold. Madelon O'Shea reported that property on Old Army Road containing an old farmhouse and a slave quarters has been sold. For some unexplained reason, the new owner is bound by contract of the previous owner to subdivide and sell 15,000 square feet of the property. The owner will be seeking a waiver from the moratorium law at the January 23, 2002 Town Board meeting to permit the subdivision application to be processed. The CGCA is very sensitive to the historical value of the slave quarters and questions the impact the subdivision will have.
Home Depot - Mount Pleasant. Alice Moroney reported that all arguments have teen heard in the appeal brought. by the Mount Pleasant Planning Board regarding the lower court order to issue site plan approval and a wetlands permit for the proposed Home Depot store. The court is expected acted to render a decision sometime in March. Meanwhile, the lawyer for Home Depot has returned twice to the Mount Pleasant Planning Board and has offered to reduce the size of the proposed store by 15,000 square feet and to provide wetlands mitigation.
Flood Hazard Mitigation Plan. Because they were given misleading information, no representative from the CGCA attended the January 7 meeting of the Planning Committee for the Greenburgh Floodplain Management and Hazard Mitigation Plan. Ella Preiser noted that she obtained a copy of the draft plan from the Town Engineer and faxed corrections to James Antonelli, the consul, ant preparing the plan. A public hearing on the draft plan has been scheduled for 7:30 P.M. on Monday, January 28, 2002 at Town Hall.
Target Store - Yonkers. It was noted that a scoping session for the proposed Target store in the Austin Avenue complex in Yonkers has been scheduled for January 22, 2002. Madelon O'Shea , will be attending on behalf of the Edgemont Community Council and will notify others in Edgemont of the meeting.
Supervisor Makes Automated Phone Calls. It was noted some, but not all, residents and business owners received automated telephone calls from Supervisor Feiner. The calls inform that Town Hall will be closed on Monday, January 21 (Martin Luther King, Jr.'s Birthday), the new recycling schedule will be in effect during the holiday week, and the second half of the school tax is due by January 31.