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 groups paid year 2002 dues:

Ardsley Estates Civic Association
Babbitt Court Civic Association
Beaver Hill Association
Birchwood Civic Association
Broadview 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. *
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 *
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
Washington Avenue Civic Association
Westchester Hills Condominium *
Winding Road Farm Association
Woodhill Civic Association *

Thirty-nine (39) civic groups paid dues for the year 2002. (* Twelve groups have already paid year 2003 dues.) There is $946.50 in the treasury.

The January 21, 2003, CGCA meeting was held at the Theodore D. Young Community Center.

The December 17, 2002, CGCA meeting minutes, which had been mailed to CGCA representatives with notice of tonight’s meeting, were approved.

CGCA members wished a "Happy Birthday" to Tim Lewis.

Madelon O’Shea announced that she has made arrangements for the CGCA to continue holding its monthly meetings at the Theodore D. Young Community Center through June of this year. Since the Center works on a semester schedule, she will reapply in June for the remainder of the year. CGCA members expressed no desire to return to Town Hall for monthly meetings because of the Town Board’s unfriendly policies requiring persons attending CGCA meetings to sign a log maintained by the Town. CGCA members expressed concern the log may be used for political purposes. The burden of requiring someone to arrive 15 minutes early prior to a meeting and to remain after a meeting to search the building, including bathrooms, was also a factor in the CGCA decision.

On January 15, 2003, the Planning Board held an "Informational Session" with Supervisor Paul Feiner. David Kreiness, Madelon O’Shea, Ella Preiser, Hal Samis, and Francis Sheehan attended the meeting and provided CGCA members with the following information:

Mr. Feiner requested the meeting with the Planning Board to discuss expediting the approval process for small "mom & pop" businesses. He told Planning Board members that during his weekly Sunday sessions at the supermarket in Dobbs Ferry, 30 or 40 people have provided unsolicited feedback to him about the declining economy, increasing unemployment, and the fact that more businesses are going under and the Town needs to make small businesses feel more welcome. He said that small business owners have the perception, when applying for permits for even minor expansions, the Town administration is unfair and treats them like enemies. Mr. Feiner noted his uncle in the Bronx informed him that some friends were "bad-mouthing" Greenburgh because of the way the Town handles small businesses. Mr. Feiner stated there were many cases where it was important to delay, but he personally thinks small businesses don’t deserve a hard time. He noted people will become angry and resent Town government.

Mr. Feiner made two suggestions to the Planning Board. (1) Scheduling special meetings for small, "non-controversial" applications, or (2) Lightening the Planning Board’s calendar by giving small, "non-controversial" applications to the Building Inspector for approval. Mr. Feiner noted that he preferred changing the law so the Building Inspector could issue approvals, perhaps with the Chair of the Planning Board and/or one other Planning Board member. He indicated he wants to change the laws and would go to Albany if necessary. Councilwoman Timmy Weinberg stated that she wanted to make it clear that Mr. Feiner was speaking for himself, not representing the Town Board. She favored expediting the process but didn’t want any of the Town’s laws compromised.

Planning Department Staff explained the review process to Mr. Feiner. Board member Stephanie Kavourias said it was not a good idea to "fast track" any application that will impact residents and voiced strong objection to a department head signing off on applications that should come before a board. Board member Blanche Alter suggested setting aside 15-20 minutes at each meeting to deal with small applications. Planning Board Chair Fran McLaughlin explained that board work sessions have become more user-friendly.

Bob Nadel, a former member of the Planning Board and also the former Chairman of the Zoning Board of Appeals, attended the meeting and expressed the view that enforcement of conditions imposed by the boards was a long-standing problem. Board Chair McLaughlin would not allow any other members of the public to speak, noting that Mr. Feiner had been invited as a guest of the Planning Board.

David Kreiness told CGCA members that he approached Mr. Feiner after the meeting. Mr. Feiner acknowledged this issue was about the special permit approval process for Venetian Delight. Mr. Feiner was presented with photographs that showed that 6 of the 10 conditions imposed by the Planning Board had not been implemented; however, the restaurant was granted its Certificate of Occupancy. Mr. Feiner was satisfied with the lack of enforcement.

CGCA members discussed this issue. It was noted that the community was not opposed to the granting of a special permit for the restaurant. The Planning Board tried to impose conditions that were not onerous. The applicant had agreed to the conditions. However, simple conditions, like keeping the dumpster lid closed, so bears and other animals would not be attracted by the smells and sights of garbage, are not being enforced. Photographs show the dumpster lid open and garbage hanging out.

Alice Moroney reported that she sent a letter on behalf of the Knollwood Manor Civic Association (KMCA) to the Town Board in response to the Prospero Nursery application for a waiver from the Moratorium Law. KMCA is neutral on the request for the waiver which, if granted, would permit the owners to appeal to the ZBA the Building Inspector’s denial for a building permit for a shed that was illegally erected. However, KMCA continues to have concerns about the need for addressing two issues – drainage and buffering – regarding two Taylor Road residential properties that abut the Prospero property. The civic group is calling for a treed berm to help control the drainage problem and screen the residences from the nursery operation. The water flowing from the Prospero property flows over and under the residential properties to a ditch and on to Taylor Road. The water causes a mosquito breeding ground during summer months and icing conditions on Taylor Road during the winter months.

Ms. Moroney noted that Supervisor Feiner sent a response – acknowledging receipt of the letter, thanking her for communicating her concerns and assuring her the other Town Board members would receive copies of the letter.

David Kreiness reported that the Edgemont Community Council has concerns about two applications for variances and seeks the support of the CGCA. Both applications are tentatively scheduled for public hearings at the ZBA meeting on February 13, 2003. Mr. Kreiness noted:

• Curry Acura, an auto dealership on Central Avenue, wants to build a carport extension over an area of the parking lot to provide cover for customers to pick up cars. Variances are requested to reduce the front and side yard setbacks to extend the canopy on two sides of the building.
• Linens-N-Things is expecting to open in March in the Midway Shopping Center on Central Avenue and wants greater public visibility. An application has been filed requesting a variance from the Sign and Illumination Law to increase the height of an illuminated wall sign. The law limits wall signs to 2-feet high (plus 10%) times 50% of the length of the building. The applicant will limit the length of the sign to about 40 feet instead of the 120+ feet permitted but has requested a variance to increase the height of the wall sign to 5 feet. It was noted that the shopping center is also entitled to have two yard signs.

Stephanie Bellino reported on a number of items concerning East Hartsdale Avenue:

• Streetlights are still not working. A subcontractor for Con Edison cut the line.
• Her firm currently is working with possible tenants for three vacant sites – the storefronts formerly housing the bank, cable studio and toy store.
• Another graffiti attack has occurred – three properties are now involved. The latest attack involves the 2^nd floor of her building. She has received estimates of $11,000 to remove the graffiti.
• The Town Board has not taken any steps to complete the zoning changes (approved in September 2001) in the downtown area. The multifamily residential buildings at 170 and 180 East Hartsdale Avenue remain in a non-residential zoning district.
• DSL service is still not available in the "hamlet center."
• Pavement conditions continue to deteriorate on the private road leading to the parking lot. Discussions are taking place between 180 East Hartsdale Avenue, which owns the road, and the Hartsdale Public Parking District, which generates most of the traffic.
• A large piece of the stone wall is in danger of collapsing and rolling down onto East Hartsdale Avenue from the private unclaimed road adjacent to Country Club Ridge. Supervisor Feiner has been informed about this and says he’ll take care of it.

Ms. Bellino was thanked for providing holiday lights and music along East Hartsdale Avenue.

ARBORIST TO DETERMINE DAMAGE TO WESTCHESTER VIEW LANE BUFFER

Tim Lewis reported that the Town has hired an arborist, Scott Cullen, to inspect the buffer area at 65 Westchester View Lane and appraise the value of the trees that the owner removed on November 2, 2002, in violation of Planning Board conditions and without a permit. Mr. Lewis noted that Mr. Cullen has visited the site a couple of times and is preparing a report estimating the value of the trees that were destroyed. A conference with Mr. Cullen is scheduled for Thursday, January 23, 2002, at Greenburgh Town Court. Town Justice Sandra Forster would like to resolve this case with a settlement of restoring the buffer area rather than going to trial. Mr. Lewis noted that the homeowner has hired an attorney.

CGCA members discussed the wider ramifications raised by the destruction of the buffer area. The homeowner is claiming the conditions imposed on the property in 1987 when the Planning Board gave subdivision approval were unreasonable and/or applied only to the developer, not to subsequent owners. CGCA members understood that conditions, like variances, run with the land.

Madelon O’Shea stated that since there is so much talk recently about the Wick’s Law, she felt that it was important for the CGCA to discuss the issue and provide information to our member groups. Jim Lasser noted he had a great deal of first-hand knowledge of the law, gleaned from his tenure as President of the Edgemont School District. The law was enacted in 1912 and designed to prevent corruption in the building industry and assure safety for workers. Mr. Lasser noted that before Wick’s it was not uncommon for a project to be given to a favorite builder that might not pay the prevailing wage, rather than putting the project out for public bid. Under Wick’s, municipalities and school districts must publicly bid separate contracts for electrical, plumbing and HVAC when construction costs exceed $50,000 or any cumulative series of repairs total $50,000 or more.

CGCA members noted that the Town Board is asking our state legislators to introduce legislation to exempt Greenburgh from the Wick’s Law. No municipality has ever been exempted from the law. In order to give relief to New York City schools, the state legislature created a quasi-governmental body – the NYC School Construction Authority, which is exempt. A similar exemption was provided Buffalo schools. Alice Moroney noted the School Construction Authority is going to be abolished and combined with the NYC Board of Education.

CGCA members agreed that $50,000 does not buy very much today. Mr. Lasser noted raising that limit has been a decade long goal of the Westchester Putnam School Boards Association and New York State School Boards Association. During that time there has been heavy lobbying by the construction unions and no movement in Albany to make any changes regardless of the political persuasion of the Governor.

CGCA members noted that Supervisor Feiner has recently jumped on the band wagon and is claiming the Wick’s Law will cost taxpayers up to 30% more to renovate 177 Hillside Avenue as a new Town Hall and to add an addition to the Library. Mr. Lasser said cost overruns are practically guaranteed. He noted that because there is no general contractor, the Town would have to hire a clerk of the works or a supervising architect who has no leverage to hold contractors feet to the fire to ensure timely completion. CGCA members questioned why Mr. Feiner and the Town Board waited till the last minute to ask for an exemption since the board has been seriously pursuing a new Town Hall and Library for over two years.

Ella Preiser noted that the Town Board will hold a Public Hearing tomorrow night on an "addendum" to the "Comprehensive" Plan. The addendum presumably corrects some errors in the original October 2000 document and removes four study parcels that have already been developed or received approval for development. The addendum also eliminates the proposed "Recreation District" (for golf courses) and "Planned Campus District" (for the Landmark at Eastview), but includes proposed legislation regarding Historic Preservation, Floor Area Ratio (McMansion) and Setback Requirements in residential districts.

Attached to the Addendum are copies of the proposed legislation regarding Steep Slopes, Wetlands, Historic Preservation, and McMansions. Ms. Preiser noted she had skimmed the proposed laws and noted that some corrections will be necessary. She expressed concern that administering the laws could be a "nightmare." The proposed wetlands law is 32 pages. Francis Sheehan noted that although the Zoning Board of Appeals will be the appeals board for all of these proposed laws, current ZBA members have not been asked for their input.

Mrs. Preiser reported that at today’s Town Board work session, the board opened a special meeting and voted to extend the Moratorium Law until May 1, 2003. This was the fifth extension of the law.

TOWN FINDS MORE WAYS TO CLOSE "OPEN GOVERNMENT"

Francis Sheehan reported that the Town Board has now found a new way of excluding the public. Under the Open Meetings Law, the board is entitled to hold "Executive Sessions," closed to the public, when eight specific issues are discussed. Last year when members of the public began questioning votes to go into Executive Session, the board claimed "Attorney/Client Privilege" which previously had not been used by the board. Then, at the work session on January 14, 2003, Councilman Steve Bass called for a "political caucus," which also previously had not been used by the Town Board. Mr. Bass claimed it was not to discuss the merits, but the "political ramifications" of the vote the board was planning to take regarding the Wick’s Law.

Ella Preiser told CGCA members that Supervisor Feiner objected loudly and strongly to Mr. Bass’s motion for a caucus. Mr. Feiner indicated he would like included in the CGCA minutes that he believes in open government and feels the motion for a caucus was totally undemocratic since the Town Board members all belong to the same political party. Mrs. Preiser told CGCA members that Mr. Feiner voted against the motion; however, he led the way for the other board members into his office for the caucus.

CGCA members questioned whether all registered "Democrats" in the room would have been eligible to attend this "Democratic Caucus."

Mr. Sheehan noted that the agenda for today’s work session listed "Executive Session – Legal" from 2:15 p.m. to 4:00 p.m. The door to the Conference Room remained closed to the public until 5 p.m. Several people carrying large poster boards entered and exited the room during the closed-door session. A discussion with architects was taking place about the proposed addition to the library – not a legal discussion as listed on the agenda. Mr. Sheehan told CGCA members there was a fair amount of shouting and screaming during the closed-door session that was audible in the auditorium, including statements that Supervisor Feiner was delaying expansion of the Library.

Ella Preiser reported that the Town Board has devoted at least some time to discussing public access cable television at work sessions during the last three weeks. She noted that she wrote a letter to the Cable Advisory Board (CAB) on November 23, 2002 outlining some of the problems with the proposed Rules and Procedures, particularly the rules concerning political programming. Councilman Steve Bass, the liaison to the CAB, has proposed changes to the rules and the Town Board has been discussing these proposed changes. Mr. Bass has still more changes to make.

Mrs. Preiser noted that the Town Board has also been discussing the make-up of the proposed "Interim" Cable Board. The CAB had recommended an independent board which Supervisor Feiner rejected. The CAB then recommended an interim (transition) board at Mr. Feiner’s request and proposed how the interim board membership should be constituted. Mr. Feiner rejected that recommendation as well. Supervisor Feiner wants to appoint community resident Alan Hochberg to the interim board. It appears that all five current members of the CAB also will be appointed. It was noted there would be no women or minorities on the board, so at the January 7 work session, the Town Board interviewed Toby White over the telephone. A male Village of Elmsford resident was also interviewed. Supervisor Feiner also recommended that Ella Preiser be appointed. Mrs. Preiser told CGCA members that she declined because she has no expertise. She recommended that Francis Sheehan be appointed. Mr. Feiner said that Mr. Sheehan had run for political office and would probably run again and he didn’t want any potential candidates on the interim board.

At today’s Town Board work session, Mr. Feiner suggested that the Chair of the CGCA be appointed to the interim board. Mr. Bass suggested that Mr. Feiner should speak to Madelon O’Shea. Mr. Feiner then suggested the Vice Chair of the CGCA. Town Clerk Alfreda Williams noted that Cleo Oliver, Vice Chair of the CGCA, is also Chair of the Police/Community Advisory Commission and the board should encourage new people to volunteer.

CGCA members discussed Mr. Feiner’s offer to put someone from the CGCA on the proposed interim board. It was noted the Town Board was now talking about a nine-member board and only two people on it would have any working knowledge of cable equipment or the cable operation. After a great deal of discussion, CGCA members voted to recommend that the Town Board appoint Francis Sheehan to the interim board. Mr. Sheehan agreed to serve if appointed. It was noted Mr. Sheehan has demonstrated a long-term interest in the Town’s cable system. He volunteered with Michael Bennett, the former cable coordinator, and actually sent out live broadcasting in Mr. Bennett’s absence. Mr. Sheehan also served on the Greenburgh Campaign Finance Commission, which recommended an independent cable board. He has attended all CAB meetings and knows the problems and proposed solutions. It was anticipated that some Town Board members could have reservations since Mr. Sheehan already serves on two boards. CGCA members noted this is supposed to be only a short-term "interim" appointment. Jim Lasser also indicated that he has an interest in cable, especially to serve on the board that will negotiate the new cable contract. He will seek appointment as a representative from the ECC.

Questions were raised about when the studio would be available. At the January 8, 2003, Town Board meeting, the public was told that the alarm system has not been installed in the studio and the equipment will not be moved in until there is security installed. Training will take place when the equipment is in place. It was noted that at least one local producer has been using the studio for filming. Town Clerk Alfreda Williams explained that George Malone, who the Town Board has given a one-year contract to manage cable access, is using his own portable equipment to film the program.

ECC Notifies Town of Hazardous Condition. Jim Lasser reported that an Edgemont Community Council civic association has sent a letter placing the Supervisor and the Town on formal notice of hazardous conditions at the intersection of Old Colony Road (northbound) and East Hartsdale Avenue. A while ago the Town’s franchisee dug a trench at the intersection immediately adjacent to a footpath. The trench was not properly filled. Natural erosion has caused the footpath to collapse. A person has sustained a broken leg.

ZBA Grants Scardale Ford a Sign Variance. David Kreiness reported that on January 16, 2003, the ZBA voted 5 to 2 to grant the Scarsdale Ford dealership’s request for a variance to erect a yard sign that is wider than the code permits. ZBA members Rohan Harrison and Eve Bunting-Smith voted no. Ms. Bunting-Smith stated she felt the sign ordinance was very generous. The Edgemont Community Council had opposed the applicant’s request for a variance. Mr. Kreiness told CGCA members that he was concerned that certain members of the ZBA made no mention of "giving back to the community" regarding this application as they had done when White Plains Dodge was before the ZBA.

Mount Pleasant Planning Board Wins Another Court Decision re Home Depot Store. Alice Moroney reported that the appellate court has upheld the Mount Pleasant Planning Board’s decision that would require Home Depot to erect a smaller building because of environmental concerns.

Hackley School FGEIS Ready. Ella Preiser reported that Planning Commissioner Mark Stellato announced at today’s Town Board work session that the FGEIS regarding the proposed expansion at the Hackley School is complete. The board plans to accept the document as complete at tomorrow’s (January 22) Town Board meeting and schedule a public hearing on both the Final EIS and site plan for March 12, 2003.

Snow-covered Sidewalks Considered Dangerous. Deborah Bloom mentioned that walking was dangerous in front of some of the stores on East Hartsdale Avenue on a recent morning because the overnight snowfall had not been removed. Stephanie Bellino responded that the problem results from the fact that some merchants do not live locally and are permitted eight hours to remove the snow.

MSG Seeks Subdivision. Ella Preiser reported that Madison Square Garden (MSG) wants to subdivide and take ownership of the property housing its new training facility at the Landmark at Eastview site. MSG requested subdivision with its original application for site plan approval but agreed to put the request on hold while the Town prepared a new wetlands law. The Planning Board held a public hearing on the subdivision application on December 18, 2002, but adjourned the hearing until the applicant receives a waiver from the Moratorium Law.

Penalties to be Assessed for Environmental Damage. Tim Lewis reported that sentencing will take place on Monday, February 3, 2003, at 6:30 p.m. at Greenburgh Town Court regarding Trion, LLC. The firm was tried in absentia and found guilty of destroying trees without a permit on the Unification Church property in East Irvington. Mr. Lewis noted Town Justice Doris Friedman would welcome input from the community about the case.

Planning Board Finalizes TIF District Recommendations. Ella Preiser reported that on January 15, 2003, the Planning Board discussed finalizing its recommendations to the Town Board regarding the Tax Increment Financing District along Route 9A. The board will not recommend expansion of the TIF district to include the Babbitt Court area. The board felt it lacked the expertise to address other improvements suggested within the TIF district. It was noted that the Army Corps of Engineers is currently undertaking a "re-evaluation study" of flooding conditions along the Saw Mill River in Greenburgh and the Village of Elmsford.

Proposed Subdivision is Controversial in Mount Pleasant. Ella Preiser distributed flyers she had received from George Gumina about a meeting regarding proposed development on Rockefeller-owned land in Mount Pleasant. Stone Barns Restoration is proposing a subdivision to build homes on 94 acres between Routes 9A and 448, south of Route 117. A meeting of concerned residents is scheduled for Friday, January 24, 2003, at 7:30 p.m. at the Pocantico Hills Firehouse on Bedford Road.

Donations Recommended. Elinore Gordon reported that she recently delivered to the Union Child Day Care Center toys, books, and other items that she received from her daughter. Ms. Gordon suggested that civic leaders should inform their neighbors that many organizations would welcome donations. She noted that food pantries are particularly in need of donations at this time.