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COUNCIL OF GREENBURGH CIVIC ASSOCIATIONS

Minutes of Meeting – January 20, 2004

The Council of Greenburgh Civic Associations seeks to provide information to and advance the common interests of member civic groups in important Town affairs. CGCA Treasurer Mary Tobias received year 2003 dues from the following civic groups:

Ardsley Estates Civic Association *
Babbitt Court Civic Association *
Beaver Hill Association
Birchwood Civic Association *
Broadview Civic Association *
Chatterton Parkway Civic Association *
East Irvington Civic Association
Edgebrook Cooperative, Inc.
Fort Hill Association *
Fulton Park Civic Association
Granada Condominium III Association
Greenridge Association
Hartsdale Highlands Civic Assoc. *
Hillside Wyndover Civic Association
Hilltop Farms Civic Association *
Homestead Owners Corp. *
Juniper Hill Civic Association
Knollwood Manor Civic Association *
Knollwood Neighborhood Association
Longview Civic Association
Lower Manor Woods Neighborhood Association
Mayfair-Knollwood Civic Association
North Elmsford Civic Association
Northern Greenville Association
Orchard Hill Civic Association
Parkway Homes Civic Association *
Poet’s Corner Civic Association *
Rex Ridge Apartment Corp. *
Secor Homes Civic Association, Inc. *
Southern Greenville Association *
Stone Oaks Condominium *
The Colony at Hartsdale
The Cotswold Association, Inc.
The Edgemont Association
The Sprain Road Association
Westchester Hills Condominium *
Winding Road Farm Association
Woodhill Civic Association *

* Eighteen civic groups have paid dues for the year 2004.

Thirty-nine civic groups paid dues for the year 2003. There is $1,273.18 in the treasury.

The January 20, 2004 meeting was held at the Theodore D. Young Community Center.

CGCA representatives welcomed Wanda Dunlap from the Broadview CA to her first CGCA meeting. "Happy Birthday" greetings were extended to Tim Lewis.

ELECTION SCHEDULED FOR CGCA OFFICES

Madelon O’Shea stated that the annual election of CGCA officers will be held at the February 17, 2004 CGCA meeting. The positions to be filled are Chair, Vice Chair, Secretary and Treasurer. News of the scheduled election will be highlighted in the February 2004 mailing.

TOWN’S LIMITED FENCE REGULATIONS MAY BE INADEQUATE

Alice Moroney reported that a number of residents in the Mayfair Knollwood CA area have expressed concern about the solid wood fence that is being installed on Knollwood Road along the perimeter of the Knollwood Country Club property. Apparently students from Westchester Community College and/or residents from the WestHELP facility have annoyed golfers at the country club. The Town informed civic association residents that the fence is permitted. Tim Lewis said he also had concerns about the fence and spoke with the Building Inspector who informed him that the country club wants more privacy and the fence is legal.

Ms. Moroney stated the fence takes away from the feeling of open space and changes the character of the neighborhood. She noted that this particular fence is double sided and does not have "good" and "bad" sides but there is nothing in Greenburgh’s code to prevent a property owner from installing a "spite" fence with the unattractive side facing the neighbors. She mentioned that some communities – e.g., Nassau – have laws requiring the good side of a fence to face the neighbors. CGCA representatives noted some neighboring communities also have laws requiring the good side of a fence to face the neighbors. It was agreed to discuss this issue again and consider asking the Town Board to adopt legislation regarding fences.

TOWN TO CONSIDER RELOCATING FARMERS’ MARKET

Deborah Bloom reported there had been a considerable amount of e-mail correspondence between Hartsdale residents and Supervisor Paul Feiner regarding the Farmers’ Market. Residents have expressed concern that continuing to hold the Farmers’ Market at the Hartsdale train station could have a detrimental impact on the new produce market on East Hartsdale Avenue, as well as the bakery and the florist. Ms. Bloom mentioned that some residents have suggested other means of bringing traffic into the area (e.g. an educational or craft fair) that wouldn’t compete with existing stores. She said Mr. Feiner initially disagreed with suggestions to move the market location but later said he plans to poll the merchants to determine whether they would like to see the Farmers’ Market remain at the train station.

Ella Preiser said that the Town Board discussed the matter at its work session on January 13, 2004. Councilwoman Timmy Weinberg felt the Farmers’ Market should be moved to Webb Field. Mr. Feiner wanted the Farmers’ Market to remain at least five weeks at the train station. The Town Board decided to invite the East Hartsdale Avenue merchants to a work session to discuss this issue.

Tim Lewis inquired about the original idea for holding the Farmers’ Market at the train station. Ms. Bloom replied that after the Gristede store closed, the market served the function of providing residents with a shopping opportunity. In the early years, three or four farmers participated. In recent years it has become a low-overhead second outlet for a Greenburgh merchant who does not grow produce locally. CGCA members commented that White Plains has a really good Farmers’ Market with several vendors participating.

MOUNT PLEASANT SCHEDULES WATER TREATMENT FACILITY HEARING

Alice Moroney reported that a public hearing is scheduled for Wednesday, February 11, 2004, at 6:30 p.m. at Mount Pleasant Town Hall regarding plans to build an ultraviolet disinfection facility to treat water from both the Catskill and Delaware systems. Most of this facility will be located in Mount Pleasant, but Greenburgh is involved because the connection chamber for the Catskill Aqueduct is on the Greenburgh side of Grasslands Road. She said Greenburgh Planning Commissioner Mark Stellato and Town Engineer Michael McGarvey are involved in the SEQRA process and will attend the meeting.

Ms. Moroney stated that residents in the Knollwood Manor CA have concerns about additions to noise in the area that would be created by the proposed water treatment facility. She said when the Sprain Brook Parkway was proposed twenty-four years ago, the noise level was supposed to be at 69 decibels. However, when the parkway opened, the noise level actually equaled 85 decibels and it is much noisier today because of additional traffic, larger vehicles (SUVs) and all-weather radial tires. She noted every three decibels represent a doubling of sound.

Ms. Moroney said the residents in the Knollwood Manor CA, living across Grasslands Road from the proposed facility, have no sewers. She noted the CA currently is working to obtain an easement across the aqueduct, connecting with the executive park, to install sewers.

SAM’S CLUB’S WEAK "FUELING STATION" ARGUMENT PUMPS UP THE OPPOSITION

At its meeting on January 15, 2004, the ZBA continued the public hearing on Sam’s Club request for an interpretation of the Zoning Ordinance since the Building Inspector denied the company’s request to install a "Fueling Station" on the property. Sam’s Club claims a Fueling Station is a lawful accessory use to the existing principal use (retail store) on the property, and there is a growing trend in this country for big box retailers to offer gasoline for sale to customers. Ella Preiser represented the CGCA at the hearing and pointed out that the proposal to install gasoline pumps would create a gasoline service station as defined in Greenburgh’s Zoning Ordinance. She noted the Zoning Ordinance specifically prohibits a gasoline station in combination with a retail store in the Designed Shopping DS zoning district. She also said the legal cases Sam’s Club had submitted in support of the application were not on point and that the ZBA lacked the authority to interpret the Zoning Ordinance based on national trends, petitions, form letters or Gallup Polls regarding what customers might like to purchase. Hal Samis and Bill Greenawalt also braved the zero-degree temperature and raised similar concerns at the hearing. The ZBA adjourned the hearing until February 26, 2004, because the applicant wishes to have a planner submit testimony.

CGCA representatives again discussed this issue. Tim Lewis questioned whether the CGCA’s objections were because of traffic or environmental issues. Mrs. Preiser responded that the only issue currently before the ZBA is whether the Building Inspector erred when he denied a permit to construct gasoline pumps. Traffic and environmental issues would be addressed if the matter should come before the Town Board for site plan approval. It was noted if the ZBA interpreted the Zoning Ordinance as Sam’s Club has requested, many retail stores in the town could seek approval to install gasoline pumps.

Mrs. Preiser told CGCA representatives that she considered the Sam’s Club offer – to donate $100,000 to the Town upon construction of the Fueling Station – tantamount to bribery. The money was offered in response to concerns from adjacent property owners about the open drain on Sam’s Club property along Warehouse Lane that spills water onto adjacent property during heavy rains. The adjacent property owners want the drain enclosed.

FLAG LOTS ORDINANCE NEEDS TO BE REVISITED

David Kreiness distributed copies of a resolution that the Edgemont Community Council (ECC) had passed asking both the Planning Board and the Town Board to revisit the provisions in the Zoning Ordinance regarding flag lots. [A flag lot is a lot lacking the required width along a street right-of-way. The lot (the "flag") is accessed by means of a long (flagpole-shaped) driveway. Newly created flag lots in Greenburgh must have at least twice the lot area required in the zoning district.] Mr. Kreiness noted there are a number of properties in Edgemont (and possibly in other areas in Town) that could be developed with flag lots under the existing legislation.

Mr. Kreiness stated that the impetus for the ECC’s resolution was the proposed Castle Walk subdivision that is currently before the Planning Board. The applicant seeks to demolish an existing house and subdivide the property to permit three houses. Two lots would front on Castle Walk. A third lot would be behind the other two lots and would be accessed from Castle Walk by a driveway approximately 200 feet long. A few questions remain unanswered but it appears the proposed subdivision meets all the zoning requirements. The Southern Greenville Association and the ECC oppose this subdivision because of the potential negative impact it would have on the neighborhood (crowding the houses on the front two lots), on runoff from the long driveway, on landscaping and on the school district and services. Mr. Kreiness noted the community is not against development and would have no objections if the developer chose to construct two houses on the property.

CGCA representatives discussed the issue. Danny Gold said in his area there have been numerous instances where houses have been squeezed onto lots and the houses appear to be right on top of the neighbors. Bill Greenawalt noted that he formerly lived on a flag lot with an easement for a shared driveway. He said that the way the resolution is worded it appears to prohibit normal subdivision requests and possibly any improvement to property on a flag lot. David Kreiness offered assurances that there was no intention of prohibiting anyone on a flag lot from making home improvements.

Madelon O’Shea encouraged civic leaders to be proactive and look at their neighborhoods to determine what buildable land is still available. There was a consensus among CGCA representatives present at the meeting that the current regulations in the Zoning Ordinance could have a negative impact on residential communities throughout the Town. The CGCA will write to the Planning Board and Town Board and urge them to revisit the current regulations.

COMMITTEE TO STUDY PROPOSED RIDGE HILL DEVELOPMENT

David Kreiness provided an update regarding the huge mixed-use development – Ridge Hill Village Center – proposed in the City of Yonkers, just south of the Greenburgh/Hastings border. Edgemont residents and others living near the Yonkers border have asked the Town to take a proactive role to address the significant traffic and environmental impacts this development will have on Greenburgh. He noted that at the Town Board meeting on January 14, 2004, he was asked to chair a citizen’s committee regarding this proposed development. Mr. Kreiness said he will meet with Supervisor Feiner tomorrow (1/21/04) to discuss the parameters for a non-political committee. Mr. Kreiness told the CGCA that he has been in touch with Hastings resident Mary Jane Shimsky, who is willing to co-chair the committee.

Mr. Kreiness said that instead of threatening lawsuits, the goal would be to work with the City of Yonkers to see what can be done to mitigate potential problems. He noted this enormous development will impact residents throughout Greenburgh and asked civic leaders to inform him of anyone who would be willing to serve on the committee.

LIBRARY BOARD (FINALLY) ADVOCATES FOR ITS SPACE NEEDS
COMMUNITY OVERWHELMINGLY SUPPORTS POSTPONING OLD TOWN HALL SALE

Madelon O’Shea commented about the noticeable change that took place between the December 15, 2003 and January 12, 2004 meetings regarding what should happen at the former Town Hall site. In December, the majority of speakers seemed to prefer selling the property to build affordable senior housing. At the January meeting, members of the Library Board announced that they wanted to keep the entire property for Library expansion but would prefer the assisted living proposal if the property must be sold. Most community members echoed the Library Board and said it was premature to talk about selling any property until the needs of the Library were known. It was reported that similar concerns were expressed by the community at the afternoon meeting held to discuss this issue on January 14, 2004. Mrs. O’Shea said that even if the Library doesn’t need all of the land, it makes sense to move some sections of the Library into the former Town Hall building during construction.

Bill Greenawalt said that he, Bob Reninger and Hal Samis are in large part responsible for changing the previously passive attitude of the Library Board. He reported that in response to Councilman Steve Bass’ suggestion at the CGCA meeting in December, they attended the meeting of the Library Board on December 18, 2003. At that meeting they informed the Library Board there was a lot of community support for putting plans for the Library ahead of any plans to dispose of the former Town Hall site. They advised that the community’s effort would be undercut if the Library Board didn’t start speaking up for what it wants.

HEALTH CENTER SEEKS TO RENT FORMER TOWN HALL BUILDING

Ella Preiser reported that representatives from the Greenburgh Health Center attended today’s (1/20/04) Town Board work session and asked to rent the former Town Hall building for one year while they build a new facility on the former Cooke’s Florist property on Knollwood Road. After 30 years at their existing site on Route 119, the Health Center lost its lease in August of last year and has been renting the building on a month to month basis. The landlord has recently signed a lease for the space and has given the Health Center three months to vacate the building.

Representatives from the Health Center said it will take about a year and a half to obtain approvals and build a new facility but figured a portion of the building would be sufficiently completed within one year to permit the Health Center to begin operation at the Knollwood Road site. Councilwoman Timmy Weinberg wanted a guarantee the proposed lease would be for only one year. The lawyer for the Health Center said that he was working with the Town Attorney’s office to address the fact that the current zoning of the former Town Hall site does not permit a heath center.

CGCA representatives noted the proposed new facility must obtain site plan approval from the Planning Board and two variances (steep slopes and setbacks) from the ZBA. The application will undergo initial review at tomorrow’s Planning Board meeting. Steve Bass asked CGCA representatives how they felt about the Health Center using the old Town Hall building. It was agreed this would not be a problem if it were temporary. Deborah Bloom noted the year should be used to properly plan for the Library’s expansion/renovation. She suggested that it would be meaningful if a percentage of the rent were earmarked for the Library fund. Danny Gold suggested it was a great coincidence that would delay making any rash decisions about selling the property. Wanda Dunlap said that she is concerned about the impact the Health Center will have on Knollwood Road traffic and that a year’s lease would provide a clear indication of any future traffic problems.

ZBA APPEARS SET TO DENY SIGN VARIANCE REQUESTS

On January 15, 2004, the ZBA heard requests to increase the size of illuminated yard signs from 20 sq. ft. to 61.25 sq. ft. for the Shell gas stations located at 425 Dobbs Ferry Road and 433 Knollwood Road. The CGCA and the ECC expressed concern about the impact the increased signage would have on the community. Based on the unanimous straw vote, it appears the ZBA will vote to deny the variance requests at the February ZBA meeting.

SUPERVISOR FEINER: "A CABLE STUDIO IS A BIG WASTE OF MONEY!"

Ella Preiser reported that although the issue was not included on today’s Town Board work session agenda, she was advised by Councilman Steve Bass to wait until after the board’s executive session because there was to be a discussion about options to locate a cable television studio at Town Hall. Later in the afternoon, Alex Bacon, the architect who designed the layout for Town Hall at 177 Hillside Avenue, presented various plans for a larger cable television studio. Several of the plans involved taking over the existing mailroom for the studio and moving the mailroom to another location (in the conference room behind the auditorium, in the space occupied by the STAR office and philanthropy office, or in the space occupied by the philanthropy and energy offices). Another option included placing the studio on the second floor in part of the training room. Some Town staff appeared very protective of their existing spaces. Supervisor Feiner wanted the cable studio placed in the lunchroom – an unsuitable space as the room is filled with windows. Councilwoman Eddie Mae Barnes said it was important to have a suitable space for a cable studio. Mr. Feiner stated there were only nine programs on cable TV right now. Ms. Barnes responded that if there were an appropriate studio there would be more. Mr. Feiner stated: "A cable studio is a big waste of money." Town Clerk Alfreda Williams reminded Mr. Feiner that it was not his money to waste.

Mrs. Preiser said that Mr. Feiner stated that all of the alternatives "are horrible," that he was dissatisfied and wanted other options. He threatened to hold up the leasing of excess space in the building if other plans to his satisfaction were not provided.

NATURE CENTER WANTS TOWN BOARD TO ALLOW ALCOHOL AT FUNDRAISERS

Ella Preiser reported that representatives from the Greenburgh Nature Center appeared at the Town Board work session on January 13, 2004, to seek permission to serve alcohol at Nature Center fund-raisers. They stated experience has proved they can generate more donations if wine and beer are served at events. Three members of the Town Board – Paul Feiner, Steve Bass and Timmy Weinberg – said they would support an exception for the Nature Center for a two-year trial period. Councilwoman Eddie Mae Barnes expressed reservations considering the police department’s efforts against student drinking.

Mrs. Preiser told CGCA representatives that granting permission to the Nature Center would require amending the Town’s Alcohol Control Law. A public hearing will be required. Francis Sheehan raised questions about liability – someone leaving a fundraiser under the influence of alcohol and causing an accident. He noted the argument about increased fundraising was rejected when the Town Board voted to ban circus animals; the circus raised lots of money for the Dad’s Club. He asked which was a greater danger – drivers under the influence of Town-approved alcohol or the miniscule threat of elephants stampeding down Central Avenue?

SHOULD THE "URBAN RENEWAL" DESIGNATION BE REMOVED?

Wanda Dunlap mentioned the large expansion in both the front and the rear of the BMW car dealership. She noted the numerous car dealerships on Route 119 and inquired how the street came to be developed the way it is. Francis Sheehan said the BMW expansion taking place seemed different from the plans the ZBA had approved. It was noted the Urban Renewal zoning district designation provides for far more intense types of uses than other zoning districts. Since "urban renewal" was carried out in this area decades ago, it was suggested the time has come to update the ordinance, change the zoning classification, and provide the area the full protection afforded other neighborhoods by the Zoning Ordinance.

MISCELLANEOUS

"Become a Streamwalk Volunteer!" Madelon O’Shea called attention to the flyer from the Westchester County Parks Commissioner that she had included in the January CGCA mailing. She noted that the county’s volunteer program to assess conditions along the Bronx River is open to students over 14 years of age. Training is scheduled for March 13, 2004. She urged CGCA representatives to pass this information along to their civic groups and school districts. Bill Greenawalt mentioned that there is also a group involved in clearing vines from the river.

Efforts Made to Revitalize Civic Group. Deborah Bloom noted that efforts are underway to revitalize an East Hartsdale Avenue neighborhood association. One of the questions under discussion involved whether merchants should be included in the organization. CGCA representatives agreed it was important to work with the merchants, but suggested an organization composed only of residents might be preferable.

Portuguese Restaurant Finally Granted Approval. CGCA representatives welcomed the news that the proposed Alcaria (Portuguese) Restaurant at 187-191 East Hartsdale Avenue was finally granted a Special Permit by the Town Board at its meeting on January 14, 2004. The restaurant hopes to be open for business in April.

Home Depot to Try Again! Alice Moroney reported that Home Depot plans to return once again to the Mount Pleasant Planning Board to seek approval for a Home Depot store on Route 9A, just north of the Greenburgh boundary. Over the past eight years the Mount Pleasant Planning Board has denied previous requests for permits to construct a store because of environmental concerns and traffic. Home Depot sued, but the courts have upheld the decisions of the Mount Pleasant Planning Board.

Mount Pleasant Awaits Court Decision. Alice Moroney provided an update regarding a legal battle between the Town of Mount Pleasant and Westchester County. In 2002, Mount Pleasant filed an Article 78 lawsuit, charging that Westchester County gave a no-bid contract for $13 million to the Volunteers of America to operate a homeless shelter on the Grasslands Reservation. County law states that contracts for anything over $20,000 have to be put out to bid. The Town of Mount Pleasant won the lawsuit, but Westchester County appealed the court decision. Ms. Moroney noted that Mount Pleasant argued before the appellate court two weeks ago and is awaiting the court’s decision.

Question Raised about Condition of Soil at Abbott Avenue Site. Madelon O’Shea noted that one of the questions raised at the January 7, 2004 Planning Board meeting discussion regarding an application for subdivision was whether the soil was contaminated. The subject site is on Abbott Avenue off of Payne Street in North Elmsford. Tim Lewis mentioned that the builder previously had been issued a summons and a fine was paid for illegal dumping. The Planning Board will review the application again at tomorrow’s meeting (1/21/04).

There is Silence Regarding Resubdivision. Ella Preiser asked Councilman Steve Bass about the status of (1) the proposed amendment to redefine the term "resubdivision" in the Town’s subdivision regulations and (2) the Board of Ethics’ recommendation that Mr. Bass should recuse himself from voting on the amendment. Mr. Bass replied that he had heard nothing. Mrs. Preiser said that she heard Deputy Town Attorney Ed Lieberman had perfected the appeal regarding a lawsuit that the Town had lost about whether resubdivision is necessary when tax lots are aggregated to form building lots.

Town Agrees to "Local Sponsor" Role re Saw Mill River Flooding Study. Ella Preiser reported the Town has agreed to serve as the local sponsor and share the cost of design and construction if the U. S. Army Corps of Engineers identifies a viable flood protection plan for the Saw Mill River. She noted a meeting took place on January 12, 2004 to discuss possible interim steps to address flooding in the North Elmsford business community. Attending the meeting were: property owner Jay Mosher, his attorney Joel Sachs, Elmsford Mayor Robert Williams, Elmsford’s consultant Engineer Dolph Rottfeld, DPW Commissioner Al Regula and Town Engineer Michael McGarvey.

E-Mail for Town Board Members? Deborah Bloom expressed surprise that only two members of the Town Board – Supervisor Feiner and Councilman Steve Bass – post e-mail addresses. She said all board members should use this convenient way to receive community input. Danny Gold agreed and noted provisions could be made to get information to any board member without Internet access.

Watch Your Step! CGCA representatives were advised to carefully watch where they walk when visiting the Town Hall at 177 Hillside Avenue. Madelon O’Shea noted that she slipped on the ice and fell on the walkway to the building when she attended the Town Board meeting on January 14, 2004. It was reported that Councilman Steve Bass’ mother also slipped on the ice and fell on the walkway coming into Town Hall that same night. Fortunately, neither one was seriously injured.

Brr, It’s Cold! Madelon O’Shea noted that the new Town Hall at 177 Hillside Avenue does not have adequate heat. Complaints have been heard from some employees. Those attending the ZBA meeting on January 15, 2004 found it necessary to wear coats, hats and gloves during the meeting. Some ZBA members placed their coats on their legs because of a cold breeze blowing under the dais.

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