Minutes of Meeting - January 17, 2006

The Council of Greenburgh Civic Associations (CGCA) seeks to provide information and to advance the common interests of member civic groups in important Town affairs. CGCA Treasurer Mary Tobias has reported receiving dues for the year 2006 from the following civic groups:

Ardsley Estates Civic Association
Ardsley - Hillcrest Park Civic Association
Babbitt Court Civic Association
Beaver Hill Association
Birchwood Civic Association
Broadview Civic Association
Donald Park Civic Association
Fort Hill Association
Fulton Park Civic Association
Greenridge Association
Hartsdale Highlands Civic Assoc.
Hillside Wyndover Civic Association
Hilltop Farms Civic Association
Juniper Hill Civic Association
Knollwood Neighborhood Civic Association
Mayfair-Knollwood Civic Association
Parkway Gardens Civic Association
Rex Ridge Apartment Corp.
Secor Homes Civic Association, Inc.
Stone Oaks Condominium
The Colony at Hartsdale
The Edgemont Association
The Sprain Road Association
Westchester Hills Condominium
Woodhill Civic Association

To date, twenty-six civic groups paid dues for the year 2006. There is $1,274.66 in the treasury.

The meeting was held at the Theodore D. Young Community Center. Minutes of the CGCA meeting on December 13, 2005 were approved.

PROPOSED TREE LAW AMENDMENTS PRESENTED BY CAC

CGCA representatives welcomed Conservation Advisory Council (CAC) Chair Theresa Tori and CAC member Mike Sigal who attended the meeting to provide information on the CAC's latest recommended amendments to the Greenburgh law entitled "Trees." Ms. Tori provided information on the CAC membership and its role in Town affairs. She said Greenburgh's tree law dates from the 1970s and was modified once in the early 1990s. In 2003 Supervisor Paul Feiner asked the CAC to look at amending the law. Ms. Tori distributed copies of the Town's existing tree legislation and the latest version of proposed amendments to that legislation. She said it appeared likely the Town Board would close the public hearing on the previously submitted amendments and open a new hearing by the end of January or in early February 2006.

Ms. Tori said the existing law is inequitable since it applies only to properties one acre or greater in size. She said the CAC has been working with Deputy Town Attorney Janet Insardi and has looked at the tree laws of other communities. She noted the emphasis is on flood control, soil erosion, air quality and vistas. She said the CAC initially considered two laws but in the summer of 2004 became aware of the safety issues when non-professionals take down large trees. She noted safety concerns are even more important on smaller lots.

Danny Gold inquired about recent changes and said several residents had voiced concerns to him that the proposed legislation would be burdensome to individual homeowners. He noted that the steep slopes law has had a negative financial impact on homeowners, especially those planning small improvements to their properties. Concerns were expressed about bonding requirements. Ms. Tori said requiring a bond could guarantee that landscaping work would be completed. She said she didn't foresee much change from the current cost for a tree permit - $20 and $3 per tree for the first 15 trees. She mentioned that tree services could take care of obtaining the permit.

Deborah Bloom mentioned that her apartment building is reluctantly taking down trees because two engineers have confirmed that tree roots have invaded the garage roof membrane causing $1 million in repairs. She expressed concern that a Forestry Officer with no training would be making decisions regarding tree removal. Ms. Tori said the Forestry Officer in Greenburgh is from the Engineering Department. It was pointed out that the Greenburgh Forestry Officer is no longer from the Engineering Department but will soon be Aaron Schmidt from the Planning Department who has a degree in Planning. Lorrin Brown noted there are no qualifications in the law for the Forestry Officer. Ms. Tori said it was important not to limit requirements - e. g., an arborist's degree - since there are other issues such as soil retention and perhaps engineering that are important. She said codes in general avoid specificity. Ella Preiser noted that the Town is currently paying Mr. Schmidt to take courses that will lead to certification regarding trees in the State of Connecticut.

Mr. Sigal asked Mr. Gold what burdens his neighbors anticipate. Mr. Gold responded when one of his trees fell on a neighbor's fence, he not only had that tree removed but other dead/dying trees on his property. Under the proposed law he would need to deal with the bureaucracy of obtaining a permit, having the Forestry Officer pay a visit, notifying his neighbors and waiting for their response, even to remove a dead tree on his property. Mrs. Preiser noted that even if a tree falls on its own, a property owner would be required to apply for a permit within three days. Ms. Tori said the reason is there could be a concern about erosion Ms. Tori noted that a notification process is not unusual and neighbors must be notified for other reasons - variances, slope permits, etc. She said the Forestry Officer would only inspect the property if the applications raised a red flag - such as a request to cut a large number of trees.

Mr. Sigal said there is no way to regulate anything unless there is a permitting process. He said it would be a policy issue to determine whether to make the process simpler.

DONALD PARK AREA ORGANIZES TO ADDRESS NEIGHBORHOOD CONCERNS

Joanne McAdoo reported that the Donald Park Civic Association has become active and notified neighbors about the recent purchase of the State Farm Insurance property by Sinatra Funeral Homes. Ms. McAdoo presented a copy of the flyer the civic group had distributed. She noted on January 9, 2006, Supervisor Paul Feiner sent the following email. "Dear Neighbor. Please be advised that I strongly object to any proposal to rezone the property on Jackson and Saw Mill River Road for a funeral home. I understand that Sinatra Funeral Home is applying to rezone the property. This action would require the Town Board to rezone. I am more than willing to work with the community to stop this rezone application. I believe this property should retain the current zone. I am concerned about the quality of life, character of the community and traffic."

Ella Preiser told CGCA representatives that at the Town Board work session on January 10, Mr. Feiner said he had received calls from 19 or 20 residents of the Donald Park area about the Sinatra request to rezone the property. At the work session, Councilman Francis Sheehan said Mr. Feiner's email to residents gave the impression that the Town Board was actually considering the rezoning when the matter had, in fact, never been discussed by the Town Board. Ms. McAdoo told CGCA representatives that the President of the Donald Park Association and a representative from Clarewood Condominiums attended the January 11 Town Board meeting and spoke in opposition to the proposed rezoning.

Ms. McAdoo reported that she received a phone call this evening (1117/06) from Mr. Sinatra who expressed an interest in meeting with the community. He mentioned that he had bought the property as an investment, not necessarily to put a funeral home there. He said he was surprised that people would object to a funeral home - a quiet business, that was closed on holidays and not in operation on a daily basis - in a one-story building that was accessible to the elderly and handicapped and convenient to cemeteries. He said about 80% of the people in the Ravensdale Road area (the other side of Saw Mill River Road) favored moving the funeral home from the Village of Hastings to a larger facility. He said he checked with the state and was told he would be allowed to create a curb cut to Saw Mill River Road. He mentioned that a church was also interested in locating at the site and churches can be rowdy.

CGCA representatives commented that the state would not be likely to permit a curb cut on to Route 9A and Greenburgh would likely deny such a curb cut because of the degree of slope. It was noted that rezoning is a totally discretionary action. If the Town Board fails to rezone the property, the applicant does not have recourse to the courts. Donald Park area residents were encouraged to remain vigilant and keep pressure on all of the Town Board members regarding this property.

TOWN ASKED TO PERMIT "CLUSTER" ZONING

Madelon O'Shea reported that the Town Attorney's office has been asked to propose language for a code change that would permit "cluster" housing. This change is being created specifically for the owners of the Westchester Golf Driving Range property on Dobbs Ferry Road but would permit cluster housing throughout Unincorporated Greenburgh if a code change is adopted. Mrs. O'Shea said she is not a proponent of cluster zoning but was willing to be persuaded. She questioned whether the property the applicant is proposing as "open space" on the Dobbs Ferry Road property is, in fact, buildable property.

Danny Gold questioned how the cluster proposal differs from provisions already in the Town's Zoning Ordinance. Ella Preiser responded that the Planned Unit Development (PUD) district is not applicable because it requires at least 50 housing units on a minimum of fifteen acres. The Dobbs Ferry Road site is 32 acres but, as currently zoned, would support only 36 houses. Mr. Gold asked if the Dobbs Ferry Road site was included in a recent study of six sites evaluated as potential cluster housing sites. It was not. Mrs. Preiser noted that saving open space is admirable but the real advantage is to the developers who save money on infrastructure by providing shorter roads, utility lines, etc. She also noted clustering is more apt to result in gated communities.

Paul Plaine mentioned that the Winding Ridge development is a PUD. The developer set aside acres of open space that presumably were given to the Town as open space and available to be enjoyed by all Town residents. The property remains undeveloped. The Town does not provide insurance on this open space and it appears nobody uses it.

297 KNOLLWOOD ROAD SEEKS VARIANCES FOR ILLEGAL FIFTH FLOOR

Robert Renninger reported that the Broadview Civic Association would oppose the variances requested by 297 Knollwood Road to legalize a fifth story penthouse and reduce the number of required parking spaces. The penthouse was legally built to hold mechanical equipment but has been illegally rented as office space for years. No taxes have been paid on this office space. Mr. Reninger noted that when the building was proposed in the 1970s, the Zoning Ordinance then (and now) limited office buildings to four stories, and the ZBA denied a request to permit a five-story office building. Mr. Reninger said the Building Inspector issued a Building Permit for renovations of the penthouse about two years ago.

The ZBA will hold a public hearing on the requested variances on January 19, 2006. CGCA representatives expressed concern that if variances were granted for this building, it could set a precedent for numerous other office buildings located throughout the Town. The CGCA will oppose the variance request.

MSG REQUEST FOR HELIPAD BEFORE THE PLANNING BOARD

Madelon O'Shea reported on the noise and vibration from two news helicopters and a STAT helicopter hovering over the Ardsley Road area last week where a trench cave-in trapped a worker. It was noted that children on nearby playgrounds were frightened by the commotion. Mrs. O'Shea expressed concern about inviting more helicopters to fly over/into Greenburgh.

Madison Square Garden (MSG) is seeking an amendment to the Zoning Ordinance to permit a helicopter landing site at its athletic training facility on Old Saw Mill River Road. The landing pad reportedly would be for the sole convenience of the CEO of Cablevision, MSG's parent corporation. The Planning Board will discuss the application at tomorrow's (1/18/06) work session.

FEIS "COMPLETENESS" DISCUSSED - AVALON GREEN II

At its work session on January 10, 2006, the Town Board discussed whether to declare the Final Environmental Impact Statement (FEIS) "complete" and ready for public circulation and a public hearing. The FEIS provides information on the environmental impacts of building 521 rental units at the 73-acre Nob Hill site off of Taxter Road owned by the Robert Martin Company (RMC). The FEIS also discusses the impact of an alternate plan for 444 rental units. At the work session, Danny Gold pointed out that his community supported the plan for 444 units but at a different bedroom count than what was listed in the FEIS. The Town Board originally planned to accept the FEIS as complete at its February 8 board meeting. However, Councilmen Steve Bass and Francis Sheehan said they had not finished reading the document. Mr. Sheehan recommended that the FEIS include information on the proper bedroom count. Supervisor Paul Feiner mentioned that Village of Elmsford officials are seeking a meeting with the Town Board to discuss the impact the proposed project would have on the village.

RMC has sued the Town regarding a proposed rezoning of the site that was included in the Town's Open Space Comprehensive Plan adopted in 2003. At the work session Mr. Feiner expressed fear that the court would rule in favor of RMC and overturn the Town's "Comprehensive" Plan. Mr. Bass and Mr. Sheehan were not concerned about Mr. Feiner's fears. Mark Weingarten, the attorney for RMC, agreed to a delay in scheduling the public hearing. Copies of Volume I of the FEIS were also provided to Madelon O'Shea and Ella Preiser.

LIBRARY SEEKING ZBA VARIANCE AND TEMPORARY LOCATIONS

Lloyd Cort asked for an update on the Library's planned expansion. Madelon O'Shea responded that the ZBA would probably hear the Library's request for a nine-foot height variance at its meeting on February 17, 2006. The CGCA agreed in November 2005 to support the requested height variance. It was noted that Hal Samis has stated publicly that the Library expansion plans are more than $1 million over budget. Ella Preiser commented that there is no firm plan in place. She indicated she understands it is not unusual during the design phase for plans to be over budget and then altered and adjusted to fit within the budget. Robert Reninger noted that the Library construction also would require a steep slope permit and water course permit. Deborah Bloom said that at last week's Democratic Party Executive Committee meeting it was mentioned that the Library is looking at two possible temporary sites to use during construction.

"TREES" AGAIN DISCUSSED

Later in the meeting, after CAC members Theresa Tori and Mike Sigal had left, the issues of "trees" again was raised. Curt Constable mentioned that at the Lee F. Jackson School once a year a big branch would fall from a tree. He was concerned about the safety of children and called the engineering department. An arborist was sent to check the tree. The bottom of the tree was filled with cement. A week later the Town took down the tree. Mr. Constable said this was a big old tree that was important to the community. He said he hasn't heard whether the Town will be planting another tree.

Danny Gold mentioned there is a documented 270+ year old tree on Taxter Ridge. A limb fell from the tree and an arborist looked at the tree. He expressed concerned if a plaque identifying the tree is erected it will encourage people to come. Michelle McNally mentioned that a beautiful 80-90 year old tree fell across the road one weekend taking down utility wires. Although the tree was blooming and had beautiful fall foliage, it was rotten in the center. Ms. McNally noted that everyone wants to preserve beautiful old trees but we should recognize that trees are not immortal. Trees get old, get sick, and die or fall over. Most old trees never were pruned. She encouraged everyone to read the proposed amendments to the tree law. She said the devil was in the details.

ENFORCEMENT - A MAJOR ISSUE

Concerns about "enforcement" were once again discussed. Paul Plaine said in the last 18 months his community (Woodhill) has met five times with Town officials and the same issues were raised at each meeting. Nothing really happens. Mr. Plaine noted that Town Attorney Tim Lewis advised the community to attend court proceedings so the court is aware of the community's concerns. Mr. Plaine told CGCA representatives that members of the community have attended court proceedings, but even when violators were found guilty, they received only a small fine that amounted to "a slap on the wrist." Mr. Plaine noted that one owner even held an "open house" while renting rooms illegally to tenants. Mr. Plaine said that Huntington, Long Island has passed legislation that permits the municipality to enter property to inspect for violations and Greenburgh should consider such a law. He noted that it is difficult to get results from the Town even though violations have been documented and photographs have been presented to the Town. Issues often are solved only temporarily.

Bill Greenawalt noted that the Town provided in the budget for another Code Enforcement Officer, but the position will be helpful only if the person does not work a regular nine-to-five day.

Curt Constable said that the Juniper Hill neighborhood has had some of the same problems but obtained results when he filed complaints with the Town. Mr. Constable noted that when Juniper Hill invites Town officials to a meeting there is a very large turnout of neighbors. Madelon O'Shea suggested that Mr. Plaine and other residents attend Town Board meetings and speak out about issues that need to be addressed.

RESIDENT HIT BY CAR -- TOWN TO REMOVE UNSAFE CROSSWALK

At today's (1/17/06) Town Board work session, Police Chief John Kapica recommended immediate removal of the crosswalk on East Hartsdale Avenue that connects Club Way to the Hartsdale train station. A vehicle hit a resident at the site on Friday. Police investigation determined there was inadequate sight distance for drivers to react and stop if a pedestrian was in the crosswalk. To prevent future accidents, barricades will be erected and the crosswalk will be removed. Chief Kapica will make phone calls and send letters to area residents explaining the reasons for removing the crosswalk. The Town also will ask its traffic consultant to determine if there is any way to make the crosswalk safe. Bob Bernstein told CGCA representatives that he had corresponded with Chief Kapica in recent months about safety concerns at this crosswalk. Mr. Bernstein said he is working with Chief Kapica to find a safe solution to this issue.

TO MEDIATE OR NOT TO MEDIATE

Ella Preiser said that when she left today's (1117/06) work session at 7:15 p.m., the Town Board was still on a speaker phone call with former State Supreme Court Justice Samuel Fredman. The Town Board hired Judge Fredman to mediate the "Taxter Ridge" lawsuit decision that Bob Bernstein won in February 2005, which determined that the cost of Taxter Ridge should be paid for Town-wide. The Town asked for an extension and did not "perfect" and file its appeal of the lawsuit timely on January 6, 2005. The court did grant a 30-day extension (to February 10) to appeal the case but said it would be the last extension the Town would receive. [This is the 3rd extension granted.]

Judge Fredman met with representatives from the Villages Officials Committee (VOC) in December. The Town meanwhile was trying to put together a committee to represent Unincorporated Greenburgh. At today's work session, the Town Board announced that Hermon Lockhart, Jack McLaughlin, Ella Preiser, Mike Sigal and Carol Wielk would be asked to represent Unincorporated Greenburgh at any mediation sessions. Jack McLaughlin, who was at the Town Board work session, reported to CGCA representatives that a meeting with the mediator has been scheduled for 10 a.m. on Thursday, January 19, 2006. The VOC has said there is nothing to mediate and it is not clear whether any representatives from the Villages will attend the January 19 pre-mediation meeting.

Bob Bernstein told CGCA representatives that he supported mediation and the court extension of the appeal process. He said the only issues that can be mediated are the legal issues raised by the lawsuit regarding the Town's noncompliance with state law requiring Town facilities that are open Town-wide to be paid for Town-wide. He said he met with the Mayor of Hastings-on-Hudson and outlined in writing the issues to be mediated. Mr. Bernstein expressed the opinion that there are already mechanisms in place to resolve the issues without asking the State legislature to change the law. He noted a compromise would not be a total victory for either side. The VOC does not accept Mr. Bernstein position. The VOC wants the lawsuit appealed and wishes to work on changing State laws that mandate how taxes are imposed.

The VOC is extremely displeased that Supervisor Paul Feiner distributed an email to his global list that was addressed only to Town Board members. The email stated the VOC would not "engage in any mediation because it cannot achieve any useful goal."

MISCELLANEOUS

CGCA Requests Planning Board Meetings be Scheduled at 8:00 p.m. Madelon O'Shea mentioned that Planning Board meetings in December and January are scheduled for 7:30 p.m. instead of 8:00 p.m. She noted that this creates a hardship for some applicants and members of the public, particularly for those who work in New York City. She asked and received permission to repeat a letter that the CGCA sent several years ago requesting that meetings be scheduled for 8:00 p.m.

CGCA Asks Town to Re-evaluate FAR Limits. James Heffernan inquired about rules limiting the size of residences. It was noted that "McMansions" continue to be built in Greenburgh. The Town's Floor Area Ratio (FAR) regulations are based on lot size and are quite generous. A house of almost 7,500 square feet would be permitted on a one-acre parcel. A house of 11,500 square foot could potentially be built only 8 feet from the side lot line in an R-S zoning district. In September 2005, the CGCA asked the Town to revisit the FAR legislation.

Fidelity Investments Reduces Sign Variance Requests. At the suggestion of the community and the ZBA, Fidelity Investments considerably reduced its original request for approximately 90 variances from the provisions of the Town's Sign Law. This new tenant in the Greenville Shopping Center on Central Avenue now is requesting only one additional wall sign and one additional yard sign. The CGCA will not oppose the application at the ZBA meeting January 19, 2006.

Initial Discussion held on Carriage Hill Subdivision. Ella Preiser noted that the Planning Board discussed in work session on January 4, 2005, the Robert Martin Company (RMC) proposal to create an eighteen lot subdivision off of Dobbs Ferry Road which would connect to Westchester View Lane. Following subdivision approval, RMC plans to sell off individual lots. Enforcement of subdivision conditions would be very difficult if lots were sold individually. Planning Board members expressed concerns about this 14+ acre property and --Will make a visit to the site on Saturday, January 21, 2006.

Home Depot Store Being Constructed. Danny Gold reported that construction has begun on the new Home Depot Store in the Town of Mount Pleasant. The store is being built on the west side of Route 9A a short distance north of the Town of Greenburgh boundary.

Cabaret License Revoked. Ella Preiser reported that following a recent stabbing and other events, the Town decided to revoke "September's" cabaret license. The owner of this establishment on Route 9A offered a different explanation of the recent events at today's (1117/06) Town board work session. If it is determined that a proper appeal of the license revocation has been filed, the Town Board must hold a public hearing on the appeal.

Licensed Professionals Frequently Head Building Departments. Madelon O'Shea reported that she has been informed that many communities - e.g., Eastchester, Port Chester, White Plains, Tarrytown and New Rochelle - have licensed professionals in the top positions in their Building departments. She said if a vacancy occurs, it would be appropriate to lobby for licensed professionals to be appointed to head the Greenburgh Building department.

Garbage/Trash Collections Remain a Problem. Thelma Washington asked the CGCA to discuss the sanitation schedule. A number of residents have expressed displeasure with the current schedule which limits garbage pickups to once a week during holiday weeks and limits pickups of paper and commingled (glass, plastic and metal) products to every other week throughout the year. Because of time constraints the CGCA did not discuss the issue. Madelon O'Shea suggested that the CGCA should re-issue the letter it wrote last year supporting a suggestion for more frequent garbage picks that was made by Bill Greenawalt.