COUNCIL OF GREENBURGH CIVIC ASSOCIATIONS
Minutes of January 18, 2000 Meeting
Adopted February 15, 2000
The Council of Greenburgh Civic Associations seeks to provide information and advance the common interests of member civic groups in important Town affairs. The following thirty-four civic groups were dues-paying members in 1999:
Ardsley Estates Civic Association
Beaver Hill Association
Birchwood Civic Association
Broadview Civic Association
Downing Hill Civic Association
East Hartsdale Avenue Civic Association
East Irvington Civic Association
Edgebrook Cooperative, Inc.
Edgemont Civic Association *
Edgemont Community Council, Inc.
Fort Hill Association
Fulton Park Civic Association
Glenville Community Association
Granada Condominium III Association
Hillcrest Park - Ardsley Civic Association
Hillside-Wyndover Civic Association
Juniper Hill Civic Association
Knollwood Manor Civic Association
Longview Civic Association
Lower Manor Woods Neighborhood Association
Mayfair-Knollwood Civic Association
North Elmsford Neighborhood Association
Northern Greenville Civic Association
Parkway Gardens Civic Association
Parkway Homes Civic Association
Poet's Corner 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
Winding Road Farm Association
Woodhill Civic Association
* Dues also paid for 2000.
To date, eleven civic groups have paid dues for the year 2000. There is $745.55 in the treasury.
Minutes of the December 14, 1999 meeting were read and approved with minor corrections that will be made prior to circulation.
Lorrin Brown, President of the North Elmsford Neighborhood Association, suffered cardiac arrest in December. Fortunately, CPR trained persons were present and there was a speedy response by Greenburgh paramedics. After a stay in the hospital, Lorrin is now at home recovering from bypass surgery. CGCA members miss Lorrin, who regularly attends CGCA meetings, and wish him a speedy return to good health.
Although it is only January, dues for the year 2000 have already been received from almost one-third of the 34 civic groups who joined the CGCA in 1999. CGCA members appreciate the warm comments of support that accompanied the dues.
CABLE ACCESS TELEVISION
CGCA Cable TV Program. The cable program taped last month with Chairman Danny Gold interviewing Carol Wielk, President of the Secor Homes Civic Association, has yet to be televised. Playing in the CGCA regular time slot is a tape that is over a year old featuring Francis Sheehan discussing the 1998 amendments to the Town's antenna law.
Supervisor Feiner Rejects CGCA Proposal to De-politicize Cable Access. While Supervisor Feiner has set a year 2000 goal to "improve cable access TV," he did not include in his goal the CGCA suggestion that an independent board be created with decision-making powers to oversee Greenburgh cable TV. (See also "Supervisor's Year 2000 Goals")
Cable TV Calendar. The Town has provided residents with a calendar listing cable programs on Channels 14 and 16 during the month of January 2000. A number of new programs are listed, including a show featuring young children shooting other children with realistic-looking guns and another program featuring young boys sitting around a table discussing "farting." While CGCA members respect "first amendment" rights to air these shows, they question the time slots given to the programs.
Town Board Wants to Use Cable TV Money to Support Other Programs. One of Supervisor Feiner's year 2000 goals is to establish a cable TV studio on East Hartsdale Avenue. Negotiations have begun. At the January 12 Town Board meeting, Mr. Feiner stated that he also wanted any building that the Town rented to serve as a multi-purpose center, housing not only the cable TV studio but also an entrepreneurial program for young people and a concierge service. CGCA members expressed concern about decreasing the amount of studio space and stretching the limited funds available for cable.
GREENBURGH CAMPAIGN FINANCE COMMISSION
Chairman Gold distributed copies of a letter from the League of Women Voters of Westchester seeking CGCA participation in a Commission the LWV is convening at the request of the Town Board to look at campaign finance reform measures. Membership will include representatives appointed by the various political parties in Greenburgh as well as representatives from the Scarsdale, Dobbs Ferry and Hastings LWVs. Elizabeth Daniels, from the Brennan Center for Justice at NYU, will assist in guiding the group. The first meeting is scheduled for Wednesday, January 26 at 8 a.m. at Town Hall.
The CGCA discussed the issue and supports real campaign finance reform - not simply the taxpayer financed campaign brochure that Supervisor Feiner has recommended. It was suggested that the Commission might begin by addressing two areas that will have no cost to the taxpayer. (1) Cable TV should be de-politicized and rules developed to provide equal access and fairness to all candidates. (2) The Town's Ethic Law should be amended to prohibit candidates from accepting campaign contributions from developers and others who do business with the town.
Mary Tobias volunteered to represent the CGCA on the Commission but will be out of town on January 26. Francis Sheehan agreed to attend on that date.
SUPERVISOR FEINER INTERFERES WITH CIVIC ASSOCIATION'S STATE GRANT
The Secor Homes Civic Association received a grant from the state to conduct a land use study. John Nolon, Director of the Pace University Land Use Law Center, agreed to conduct the study with the assistance of two law students. Supervisor Feiner expressed enthusiastic support and urged Town staff to cooperate. The civic association then selected two cases - the Route 9A Skating Rink and HHH Auto Body, and Dr. Nolon faxed SHCA President Carol Wielk a "Memorandum of Agreement" to sign. The law students were introduced to Town staff. In a letter dated January 5, Deputy Town Attorney Mindy Hartstein stated she was "in the process of gathering the requested documents." Because Town staff would not provide access to the files until January 19, copies of documents which community members possessed were given to the students at Dr. Nolon's request.
The study came to a halt when Supervisor Feiner began a barrage of complaints. He did not approve of SHCA's choice of cases to be studied. He accused the civic group of "wining and dining" Dr. Nolon in an attempt to influence the outcome of the study. He accused Ella Preiser of compromising the objectivity of the study because she had introduced the students to Town staff at Ms. Wielk's request. In a January 5 letter to Dr. Nolon, Mr. Feiner wrote: "I would appreciate it if Pace University would directly deal with the Building Department and the Town Attorney's office, rather than go through a civic association ...." Mr. Feiner also phoned Dr. Nolon. On January 10, Dr. Nolon withdrew from the land use study. In a letter dated January 11, Dr. Nolon stated that the "highly charged atmosphere regarding development issues within the Town" meant managing a variety of relationships that he "did not have time to handle." The SHCA must now find another consultant to conduct this study.
CGCA members asked a number of questions. Why did Mr. Feiner interfere? Why does he care what cases are studied - don't all cases receive equal treatment under the Town's review process? Why does he believe that Dr. Nolon is incapable of conducting an independent and impartial study? Why would a study be impartial if Mr. Feiner and Town star controlled it but would not be impartial if the SHCA were involved? Questions were also raised about an e-mail Mr. Feiner sent on January 4, specifically naming Pace University School of Law as a suggested recipient of a contract with the county "to provide mediation services [to] localities, neighborhood groups, developers to see if possible compromises could be made and controversies avoided." CGCA members said they were thankful that Assemblyman Brodsky and State Senator Spano helped SHCA obtain the DEC-sponsored grant and urged SHCA to continue to pursue this important study.
PLANNING BOARD BYLAWS
At the January 5 work session, the Planning Board discussed Chairperson McLaughlin's suggestion that meetings start at 7:30 p.m. rather than 8 p.m. Two Planning Board members opposed the earlier start time and one member remained neutral. A public hearing on the proposed amendments to the Board's bylaws was scheduled for February 16, 2000.
CGCA members discussed the earlier start time. Madelon O'Shea and Ella Preiser, who regularly represent the CGCA at Planning Board meetings, find the proposed earlier start time an unnecessary additional encroachment on their family time and unacceptable. Other civic leaders said they work in the city and/or have responsibilities that preclude their attendance at many of the meetings and rely on Madelon and Ella for information on Planning Board matters. In addition, it was noted that some Planning Board members themselves regularly arrive late for the meetings now, which start at 8 p.m. It was suggested that the Planning Board maintain the current 8 p.m. start time and rearrange/streamline the way it handles applications to make more productive use of its time during meetings. Chairman Gold will write a letter to the Planning Board about CGCA concerns.
WATER FILTRATION PLANT
Alice Moroney, President of the Knollwood Manor Civic Association, distributed materials and provided an update regarding plans to build a plant on a site in Mount Pleasant and Greenburgh to filter the water in the Catskill/Delaware system. A decision will not be made until April 2002 as to whether a filtration plant will be necessary. However, based on the 1997 agreement with the federal Environmental Protection Agency, the New York City Department of Environmental Protection must proceed along a dual track pursuing filtration avoidance plans as well as plans to build a filtration plant. The DEP has begun the review process by declaring itself Lead Agency and issuing a Positive Declaration requiring the preparation of a Draft Environmental Impact Statement for the proposed plant. A public scoping session has been scheduled for January 26 at the Westchester County Center. The DEIS must be completed by December 31, 2000.
Greenburgh is an "involved agency" since the wastewater/sludge treatment facilities for this filtration plant would be located on Grasslands Road in Greenburgh. While most involved agencies have been well represented at meetings, no Town of Greenburgh officials attend. Ms. Moroney is the only person attending from Greenburgh. Greenburgh officials have expressed the view "it will never be built" and note that they read the minutes and are on top of the situation.
PERSONNEL CHANGES
Legal. Susan Mancuso, who formerly served as a Greenburgh Deputy Town Attorney handling certiorari cases, has been hired as Town Attorney, effective February 1. 2000. She will replace Rick Turner, who resigned effective January 7, 2000 and joined Snyder and Snyder, the law firm that represents Nextel and other telecommunication providers. Deputy Town Attorney Mindy Hartstein, who had planned to move to California at the end of December, has agreed to stay on until June to serve during the transition period in the legal department.
Planning & Zoning. Stephen Lopez resigned as Commissioner of Community Development and Conservation effective January 14, 2000. He has been hired by Tim Miller Associates, a planning firm, but will continue to work part-time in Greenburgh at $100 an hour until a new commissioner is named. Questions were raised about the impact the Town Board's delay in hiring a new commissioner is having on both planning and zoning matters. The ZBA has been without a Secretary for several months and must rely on part-time help from the legal department. The new commissioner will be responsible for hiring the ZBA Secretary.
TOWN BOARD USES WORK SESSIONS TO VIOLATE SPIRIT OF SEQR PROCESS and "OPEN MEETINGS LAW"
CGCA members noted that the Town Board continues to use Tuesday afternoon work sessions to conduct business on matters that should be handled publicly at regular Town Board meetings. The Board fails to give the community proper notice of these special meetings - agenda for work sessions are not available until hours or sometimes minutes before the meeting. Following are two recent examples:
Westchester Meadows. On Tuesday afternoon, December 14, 1999, the Town Board opened a special meeting and voted to officially close the Public Hearing on the Westchester Meadows FEIS. A week later, on Tuesday afternoon, December 21, 1999, the Town Board opened another special meeting for this proposal to build a continuing care retirement community on Grasslands Road. At this meeting the Board voted to (1) issue findings on the SEQR process, (2) adopt an amendment to the Town's zoning ordinance, (3) grant a special permit and (4) approve the site plan.
Glenville Woods. Although notice of a special meeting did not appear on the agenda for Tuesday afternoon, December 21, 1999, the Town Board opened a special meeting to declare its intent to be Lead Agency - starting the 30-day time clock leading to the Board's control of the environmental review process. Subject to review during the SEQR process will be the developer's proposals to:
(1) Seek a rezoning of the property to permit construction of residences. Most of the property is currently zoned Non-residential Planned Development.
(2) Swap dedicated Town parkland for other acreage. This will require action by the state legislature.
(3) Offer to the Town for sale approximately 40 acres for open space. An appraisal of the land's value should be completed this month.
CGCA members urge the Town Board to conduct all future SEQRA votes and votes on major developments at regular meetings after providing proper notice to the community.
THREE MORE HOTELS - ROUTE 119
Route 119, west of the Route 9A intersection is already home to 3 hotels - the Hampton Inn in the Village of Elmsford and the Marriott Hotel and Marriott Courtyard in the Town of Greenburgh. Three more hotels are planned for this stretch of road.
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A 7-story, 138-room extended-stay hotel is already under construction in the Village of Elmsford, adjacent to the Hampton Inn.
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A 6-story, 150-room, 84,000 square feet, extended-stay hotel at 600 White Plains Road (the former Premier Theater site) will be the subject of a public discussion before the Planning board on January 19. The site is approximately 6.2 acres and previously received site plan approval for two office buildings totaling 334,000 square feet. The owner, Halpern, wants to reserve the right to build 250,000 square feet of office buildings when the market for office space rebounds.
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A 6-story, 145-room, short-to-moderate-stay hotel has been proposed by Springhill Suites for the 7.6 acre parcel between the Tarrytown Corporate Center and the boundary with the Village of Tarrytown. On January 12 the Town Board accepted the DEIS as complete, referred the application to the Planning Board for review and comment and scheduled a Public Hearing on the DEIS before the Town Board for February 23, 2000. Copies of the DEIS have not been made available to the public
SUPERVISOR'S YEAR 2000 GOALS
At the December Town Board meeting, following the controversy about whether the Supervisor had accomplished his ambiguously worded 1999 goals, Mr. Feiner invited Francis Sheehan to participate in rewording the proposed goals for the year 2000 to make them objective and measurable. Mr. Sheehan wrote two letters and met with the Supervisor twice - on December 23, 1999 and January 5, 2000 to discuss the issue. (Ella Preiser also attended these meetings as a CGCA representative.) Copies of Mr. Sheehan's letters to Supervisor Feiner were distributed. The goals announced on January 12 indicate the Supervisor did heed Mr. Sheehan's rewording advice on a majority of the goals.
The Supervisor was not willing to accept goals other than those he proposed. The CGCA recommended ten (10) goals. Mr. Feiner chose to include only a portion of one of the CGCA suggestions. While the CGCA applauds the Supervisor for adopting a goal to improve cable TV, members are disappointed that Mr. Feiner rejected the recommendation to de-politicize cable access television by creating an independent board with decision-making powers, as proposed by the CGCA and others.
COMPREHENSIVE "Master" PLAN
Steve Whitehouse of Saratoga Associates attended the Town Board work session today and provided a progress report on the Comprehensive Plan. Phase II is almost complete, but one month will be required to produce a document. It appears that final recommendations will include: up-zoning of some parcels, a recreation overlay zone on the six golf courses within the town, Conservation District overlays on additional properties, new regulations reducing the amount of development that can occur in areas with wetlands or steep slopes and a list of properties that the Town might acquire in the event the current uses cease. Supervisor Feiner questioned whether the plan could be broken down by areas in case of public controversy. He was reminded that this is a "comprehensive" plan.
Although additional smaller parcels were added to the original list of parcels to be reviewed, none of the properties that Secor Homes CA requested for study have been included. At a 10/26/99 meeting with Secor Homes, Supervisor Feiner promised that WFAS and an abutting 13-acre parcel would be included.
The Comprehensive Plan Committee will meet again on Monday, January 24 at 7:30 p.m.
SUPERVISOR FEINER REBUFFS CGCA & ARB AND SIDES WITH CONTRIBUTOR IN NOT APPEALING JUDGE'S DECISION IN NEXTEL/WFAS CASE
CGCA members commented on the well-written, January 7, article by David Gottlieb in The Scarsdale Inquirer entitled "`Antenna farms' feared following court order." The article quoted from the CGCA's December 15 letter and a subsequent letter from the Antenna Review Board (ARB), both requesting the Town Board to appeal Judge Brieant's decision in the Nextel/WFAS case. The decision allowed Nextel to install four cellular antenna sites in the Town without obtaining needed area and use variances or even filing the required applications. The Town Board chose to ignore the requests of the CGCA and ARB, even though Mr. Feiner explicitly promised the Secor Homes CA at a meeting on 10/26/99 that he would appeal any adverse decision if the ARB thought it appropriate.
When asked at the December 21 work session why the Board would not appeal the decision, Mr. Feiner stated that "counsel recommended against it." The Board's counsel was an insurance-company-provided attorney who was not a telecommunications expert. He may have urged the Town Board not to appeal because an appeal would have cost the insurance company more money. It was noted that when the Town Board is committed to a cause, such as the Sprain Road issue, they retain private counsel with specific expertise. Questions were raised about whether the decision not to hire expert private counsel was the Town Board's way of orchestrating approval for whatever sites Nextel wanted.
CGCA members commented that Supervisor Feiner is often quoted in the press as stating he is not influenced by campaign contributions and offers as proof the fact that Nextel's attorney, David Snyder, a personal friend and campaign contributor, sued the Town because he didn't get what he wanted. Mr. Feiner actually tried to get the ARB to be "flexible" with Nextel's application. Mr. Snyder ultimately got what he wanted - preferential treatment and four sites for Nextel. Mr. Snyder also hired former Town Attorney Rick Turner to work for his firm.
CGCA members questioned whether Mr. Feiner also benefits from the decision not to appeal the judge's decision. Mr. Snyder is a personal friend of Mr. Feiner and a campaign contributor who can bring substantial future telecommunication backing for the Supervisor's congressional race. Congress is where telecommunication laws are amended and it is in the telecommunications industry's interest to support industry-friendly congressional candidates.
On a related matter, at the December 21 Town Board work session, Supervisor Feiner stated he wanted the CGCA to know how shocked and angry he was that the ARB had not fought aggressively against the Omnipoint application to site an antenna installation at 177 East Hartsdale, a multifamily residential building. Both the ARB and the CGCA did oppose this application before the ZBA. However, when no alternate sites could be found, the ZBA had no alternative but to grant approval. Mr. Feiner stated: "the bottom line is we really don't need the antenna committee [sic]. I wish the committee would resign because its useless."
MISCELLANEOUS
Home Depot -- Mount Pleasant. Home Depot has filed an Article 78 lawsuit in state Supreme Court asking the court to overrule the December 1999 decision of the Mount Pleasant Planning Board which found the proposed store would have unacceptable impacts on the environment and denied a Wetlands Permit and Storm Water Abatement Permit.
Hampshire Management. On January 27, the ZBA will continue the hearing on the shopping center's request to modify or remove conditions on the variance permitting expansion of the Service Merchandise store and construction of a Trader Joe's. The Colony has agreed that some conditions should be reworded for clarity but strongly objects to removing or changing hard-won conditions that protect their "quality of life." The CGCA continues to support residents of The Colony.
Traffic Regulations on Private Property. On January 12, the Town Board set a public hearing for January 26 to consider enacting a new law to regulate traffic on Sprain Road and in shopping centers. CGCA members have requested that copies of the proposed legislation be made available to the public prior to the hearing date. To date, copies have not been made available, a problem that is becoming increasingly common.
Land Swap. Westchester County has yet to make a decision on Syracuse Brothers' request to donate 3+ acres of land in New Rochelle in exchange for the right to build on 11+ acres in Greenburgh. The Town Board has yet to side with Greenburgh civic associations and oppose the land swap.
9A Multiplex. Eight of the 10 movie screens opened to the public on December 17. Judging by the number of cars in the parking lot during the past month, business has not been great.
Speeding Tickets. Beginning in March, Deputy Town Attorney Mindy Hartstein will handle cases in Town Court when drivers plead "not guilty" to speeding tickets. Concern was expressed about recent articles in the local press that appeared to suggest that Greenburgh police officers were improperly allowing speeders to get off with a "slap on the wrist." A concern was also raised about racial profiling. Members questioned the motives of implementing the change at this time. Freeing police officers from court duty was dismissed since the policy only applies to speeding tickets and not other violations. Decreasing a backlog was also dismissed since the Town recently announced that the court caseload backlog had been eliminated. CGCA members voiced their support of our police officers and found the quotes in the newspaper articles mean-spirited.
Incidental Dining. On January 5, the Planning Board voted (4 yes, 2 no, l abstention) to recommend to the Town Board that the zoning ordinance be amended to permit 2 tables and 8 chairs for on site consumption of food in bake shops, delis, pizzerias and ice cream stands. CGCA members have not yet seen the revised wording of the proposed amendments but continue to have concerns about lack of enforcement, parking and very serious fire safety issues. Concern was also expressed about this latest Town Board-initiated town-wide code change which does not address all ramifications.
State DOT Sale of Land. The Department of Transportation has sold, by auction, land abutting the Sprain Brook Parkway that will result in at least two new developments in the Town. One parcel involves Kathwood Road (Orchard Hill area) and, on behalf of a neighbor, County Legislator Tom Abinati has filed an application with the ZBA seeking an interpretation. The other parcel is off of High Street (Payne Street area) and the new owner, Glusker, is seeking subdivision approval from the Planning Board to build five new homes.
Landmark at Eastview. Eastview Holdings (a joint venture of Lehman Bros., LCOR Inc. and Argent Ventures) has purchased the 270-acre "Keren" property (formerly owned by Union Carbide) at the Greenburgh - Mount Pleasant border.
The meeting adjourned at 10:30 p.m.