COUNCIL OF GREENBURGH CIVIC ASSOCIATIONS
Minutes of Meeting – October 15, 2002
The Council of Greenburgh Civic Associations seeks to provide information to and advance the common interests of member civic groups in important Town affairs. The following groups have 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 have paid dues for the year 2002 – an all time high. There is $756.94 in the treasury.
The October 15, 2002, CGCA meeting was held at the Theodore D. Young Community Center. Vice Chairperson Cleo Oliver chaired the meeting.
Minutes of the September 17, 2002 CGCA meeting, which had been mailed to CGCA representatives with notice of tonight’s meeting, were approved without any amendments.
CGCA members wished a “Happy Birthday” to Irene Zuck, President of the Fulton Park CA.
CGCA members were saddened to learn of the death of Stephen Woodhull, husband of Deputy Town Clerk Eileen Woodhull.
CGCA CONTINUES TO OPPOSE GRANTING OF A MORATORIUM WAIVER FOR SOLOMON SCHECHTER SCHOOL BALLFIELD
Stephanie Bellino reported that as President of the Central 7 School Board, she met last week with David Reis, President of the Board of Trustees of the Solomon Schechter School, about Solomon Schechter’s application for a waiver from the Moratorium Law. The school also is seeking a site plan amendment waiver to change its existing softball field to a hardball field. The Central 7 School District continues to have concerns about safety – that an errant foul ball could strike a person/vehicle using Pat Capone Road. Ms. Bellino noted that while there appear to be different stories about Solomon Schechter’s needs, Central 7 would be able to accommodate some of their needs for a baseball field.
CGCA members again discussed this application and agreed that the need for a baseball field was not a “hardship” and granting a waiver would set a terrible precedent. It was noted that the Town Board has denied numerous other requests for waivers when there were steep slopes or wetlands on the subject properties. The Public Hearing on this application will continue at the October 23 Town Board meeting, and the CGCA will ask that this request for a waiver be denied.
TOWN RECREATION ESCROW FEES FAVOR LARGE DEVELOPMENTS
Hal Samis raised questions about the Town’s subdivision regulation that requires developers of new residential units to fund acquisition/development of recreation land. The “offers” of money required vary: $4,000 for single-family houses, $2,000 for Planned Unit Developments or other multi-family units that are offered for sale, and $1,000 for dwelling units that are offered as rentals and deed restricted as rentals for 20 years. The law provides that 100% of the fees may be waived for developers of affordable housing units. Mr. Samis noted that there is no parity, and the law, as written, seems to favor large developers. CGCA members agreed that residents in a multifamily or rental unit could create a similar or even larger burden on the Town’s recreational facilities than residents in a single-family home. It was suggested that the law needs to be amended.
DEVELOPER TO BE TRIED IN ABSENTIA IN TOWN COURT
Tim Lewis reported that the developer, Trion LLC, who caused environmental damage in East Irvington last year, will be tried in absentia in Greenburgh Town Court on November 7. In January 2001, Trion presented plans to the Town to build a golf course and 50 houses on property along Taxter Road. Without obtaining the proper permits, the developer removed trees and carved out an extensive network of dirt roads on the property to dig test wells. The Town issued summonses. Trion did not purchase the property and dropped its development proposal.
Mr. Lewis noted that Kevin Wyatt, an East Irvington resident who is an arborist, provided a list of suggestions to re-mediate the damage. Trion offered $12,000 to settle the matter but the Town rejected the offer. Trion, a Tennessee company with no assets in New York, lately has failed to return the Town’s telephone calls. Mr. Lewis invited CGCA members to attend the trial and testify. Danny Gold asked if the court would accept written comments. Mr. Lewis explained that judges are reluctant to accept written comments because there can be no cross-examination of written comments. CGCA members suggested that the Town obtain copies of the photographs that were taken of the damage to present in court.
CGCA TO OPPOSE VARIANCE AT YONKERS ZBA MEETING
David Kreiness reported that the Edgemont Community Council plans to represent residents of Theresa Lane at a Yonkers Zoning Board hearing tomorrow night. Via Trenta Court Corp. owns property in Yonkers and is seeking variances to build a single-family house. Yonkers would provide services to the new house, but the property is a flag lot and its only entrance would be through Theresa Lane, a Town of Greenburgh street. Adjacent Greenburgh residents have concerns about excavation of this hill and potential erosion damage to their properties. Mr. Kreiness noted that he went to Yonkers to obtain plans and discovered that the Town of Greenburgh had not received legal notice about this application. A Greenburgh official will attend the hearing to explain that Town of Greenburgh approval is needed for this development. CGCA members voted to support the ECC regarding this application.
AVALON GREEN II ADVISORY COMMITTEE RECOMMENDS A MAXIMUM OF 400 UNITS
Danny Gold reported that as Chair of the Inter-Municipal Advisory Committee for Avalon Green II, he made a verbal presentation of the Committee’s recommendations to the Town Board at its September 24 work session. The Committee recommended that the developer be given initial approval to build 200 residential units on the property off Taxter Road. Once the 200 units are occupied, the community would study the impact and decide whether approval should be granted to build an additional 200 units. The Town Board asked the Committee to articulate how this consent would be obtained. The Committee is in the process of preparing written recommendations.
Mr. Gold also noted the Committee is not recommending that the Town accept the $3 million contribution that the Robert Martin Company offered toward the purchase of open space. The offer was contingent on the Town approving a “compromise” proposal by RMC to build initially 444 units, and then if the community determines that the proposed road improvements are sufficient, another 200 units. The compromise represents 150 fewer rental units than the 794 originally proposed. RMC insists that once the Routes I-87/287 roadwork is completed, there will be no negative traffic impact. Bernie Adler, a traffic consultant hired by the Village of Elmsford, raised a number of concerns about traffic in a presentation to the Town Board at the September 24 work session. RMC appears to be in the process of buying Summit Avenue, which would give it direct access to the top of Nob Hill. With direct access, the company would not need to seek approval for changes to Village of Elmsford streets.
BABBITT COURT RESIDENTS RECEIVE FEMA GRANT TO ELEVATE HOMES
Ella Preiser reported that she and Madelon O’Shea attended a meeting on September 23 where representatives from the Federal Emergency Management Agency (FEMA) announced that money ($850,000+) had been set aside to reimburse 75% of the cost of elevating 16 homes on Babbitt Court above the 100-year flood elevation. The other 25% of the costs must come from a non-federal source. The homeowners must have a current flood insurance policy and submit engineering designs and bids within 120 days (January 2003). FEMA will reimburse 75% of the cost of the engineering plans even if homeowners choose to withdraw from the process. The reimbursement process takes between six and eight weeks. Karl and Theresa Pfeiffer, who elevated their home on Babbitt Court earlier this year, would not be eligible for reimbursement. Mrs. Preiser noted that Babbitt Court residents met with Town officials on September 30 to discuss the timetable and steps they must take if they wish to participate.
TOWN SEEKS TO EXPAND “TIF” DISTRICT
Danny Gold asked about the Expansion of the Route 9A Corridor Tax Increment Financing District that the Planning Board is scheduled to discuss at tomorrow’s (10/16/02) meeting. Ella Preiser explained that the Tax Increment Financing (“TIF”) District is a special district, established by the Town Board in 1987, to deal with necessary road, flood abatement and other critical public improvement projects along the Route 9A corridor. Properties in the TIF district – an area along Route 9A from Route 119 in the Village of Elmsford extending north to Fairview Corporate Park – were designated as “blighted.” The TIF district froze tax revenues in the designated area at their 1987 levels. Any increases (increment) in taxes due the Town because of new construction were placed in a separate TIF fund. (Only Town taxes are affected. Increases in village, county and school taxes are not used.) Money from this fund was used to sell bonds to reconstruct a sewer main on Havens Street and to purchase/demolish the flat iron building that stood at the Routes 9A/119 intersection to make road improvements. Payments are still due on the bonds but there is $900,000+ in the TIF fund and more than $350,000 currently is generated each year.
Mrs. Preiser explained that in August 2001 (following the Father’s Day flood), the Town Board approved financing a study to determine whether the TIF district should be expanded to include the Babbitt Court area. The draft study has been completed and sent to the Planning Board for its recommendations. Mrs. Preiser noted that she has spoken with several business owners in the north Elmsford area. They are upset that the Town Board now is considering using money raised in the TIF district to benefit individual property owners not currently in the TIF district rather than to make improvements in the area that will benefit all. She noted that flooding in the existing TIF district has resulted in multi-million dollar losses to businesses. In addition, residents and other businesses in the north Elmsford area are negatively impacted, even though their properties may not be subject to flooding. In the event of a fire or medical emergency, there is no way emergency workers could easily access these properties if Route 9A is under water.
TOWN PROPOSES FULL-TIME JUDGE – LEGALITY ISSUES RAISED
The public hearing to consider increasing the hours of one of the two Town Justice positions from part-time to full-time (effective January 1, 2004) originally scheduled for October 9 has been postponed until November 13. CGCA members noted that the community has not been provided any information on the need for this increase. Cleo Oliver mentioned that at the Police/Community Advisory Commission meeting, Police Chief John Kapica stated that the court calendar is backlogged. Apparently there is in-fighting between the two current part-time judges who both have private practices. It was noted that in 2000, the Town Board increased the judges’ salaries by $10,000 each and extended the number of court days from two days weekly to three days weekly.
Tim Lewis noted that the court’s volume of cases has increased substantially, and under the present arrangement, there is a problem in continuity if a case is not completed within a month because the judges sit alternate months. Francis Sheehan mentioned that a search on Westlaw indicated that town justices have equal responsibilities. He could not find a town or village that has a full-time judge and a part-time judge. It was noted that the town justice positions are up for election next year, and if there will be different terms of office, candidates would have to choose in advance to run for the full-time position or the part-time position.
CGCA OPPOSES SIGN VARIANCE FOR SCARSDALE FORD
On Thursday, October 17, the Zoning Board of Appeals will re-open the hearing on Scarsdale Ford’s request for a yard sign that is larger than the Sign Law permits. Scarsdale Ford has claimed that the Ford Motor Company mandates the sign. David Kreiness mentioned that in the last two weeks he has visited seven Ford dealerships and none of them have the proposed sign.
CGCA members noted that Scarsdale Ford is well known in the region and its current sign is readily visible on the corner of Central Avenue and Ardsley Road. Tim Lewis asked what are the specific standards the ZBA must consider when dealing with ascetics. ZBA member Francis Sheehan replied that since 1993, the standard has been “the benefit to the applicant versus the detriment to the community.” CGCA members agreed that a larger sign would be detrimental to the immediate residents in the area. It was also noted that if the ZBA grants this request, it will set a precedent that will encourage other business owners along Central Avenue and in other areas of the Town to request larger signs. The CGCA voted to oppose this variance request.
SUPERVISOR FEINER REBUKES CGCA’S WEST NILE VIRUS CONCERNS
Copies were distributed of the CGCA’s October 7 letter to the Town Board asking the board to change its policy in 2003 and to hold all regularly scheduled Town Board meetings at Town Hall. Ella Preiser told CGCA members that she hand-delivered the letter to Supervisor Feiner’s office on October 8. The Town Board never discussed the letter at its work session, and it is questionable whether board members were even given copies of the letter. Mrs. Preiser noted that at the October 9 Town Board meeting, Mr. Feiner made it very clear that he had no intention of even discussing the CGCA’s plea to consider the health, safety and welfare of residents before scheduling next year’s meetings. Although it was not on the agenda, Mr. Feiner announced his schedule for outdoor meetings next year.
CGCA members continue to have concerns about West Nile Virus. Two New York City residents have died, a Mount Vernon resident was diagnosed with the disease and infected crows have been found in Greenburgh.
Hal Samis pointed out that for the last eight months he has been trying to get the Town Board to list its board meetings in the “Civic calendar” in the Journal News. Only two meetings have been listed. Mr. Samis said he finds it very troubling that Mr. Feiner has already announced the schedule for outdoor meetings for next year but makes no effort to ensure that current meeting dates are published in the free Civic calendar. Mr. Samis also noted that Mr. Feiner wants a new Town Hall and it will cost taxpayers a half million dollars to create a large meeting facility that will only be used part time.
CO-OP BOARDS MAY NEED TO JUSTIFY DENIALS
Deborah Bloom reported that East Hartsdale Avenue co-op owners are extremely concerned about the proposed legislation that Lois Bronz is advocating. The law would require co-op boards to provide written notification to prospective purchasers of the reasons for withholding consent to sell a co-op, within five days of the board’s decision. Co-op boards currently do not have to provide prospective buyers with reasons for a denial. However, David Kreiness noted that under federal and state law a person cannot be turned down because of race, color, ethnicity, sexual orientation, etc. Prospective purchasers who feel they have been wrongfully denied can appeal to the courts and the co-op board will need to defend its reason for denial. Ms. Bloom noted that in the two and one half years she has been on her co-op board, it has turned down only two prospective purchasers because of financial considerations. Lorrin Brown indicated that he does not think it is fair that prospective buyers are not provided the reasons for a denial. He noted that as a real estate agent, he was aware of persons who have been denied whose finances had been pre-approved by a bank. He said most people would not go to court. Mr. Kreiness noted that at this point, the exact wording of the law has not been provided, and the Westchester condo and co-op association is investigating the wording and the effect it will have. Ms. Bloom mentioned that the County Board of Legislators will hold a public hearing on this subject on Monday, October 28.
TOWN BOARD REMAINS QUIET AS THEIR ARB APPOINTEE MAKES OUTRAGEOUS CHARGES AT TOWN BOARD MEETINGS
Ella Preiser noted that she is troubled by the negative comments Murray Bodin continues to make at Town Board meetings. Mr. Bodin is the newest member the Town Board has appointed to the Antenna Review Board (ARB). He has stated that the Town’s Antenna Law doesn’t serve the Town well and puts children’s lives in danger. He also has claimed that the ARB is a dysfunctional board that has said it plans to ignore the law. He has compared the ARB to Scarsdale students who appeared drunk at a school dance. It is unclear why the Town Board permits these false and outrageous statements to continue at Town Board meetings without a challenge.
ARB member Francis Sheehan told CGCA members that Mr. Bodin has the idea that it is the ARB’s job to travel throughout the Town and identify locations where cellular phone coverage is needed and then notify the providers to put a cell site on the property. Mr. Bodin appears to believe that if the “dead” spot is in a residential neighborhood, the Town Board should take an easement on the person's property so a cell site can be erected. Mr. Sheehan said he asked Mr. Bodin why he did not get involved during the three years when the Antenna Law was being written. Mr. Bodin responded: “I had other fish to fry then.” Mr. Sheehan reminded CGCA members that the ARB has done well prior to Mr. Bodin’s appointment to the board as Greenburgh currently has more than 30 cell sites, and only one of them was controversial.
GREENBURGH
OFFICIALS CONTINUE TO PROCRASTINATE
PUBLIC
ACCESS CABLE TV STILL CONTROLLED BY TOWN BOARD
At the September 25 Town Board meeting, the Cable Advisory Board (CAB) Chairman, Del Hillgartner, presented the CAB’s report and recommendations. Ella Preiser reported that Mr. Hillgartner also attended the Town Board’s work session on October 8 to further explain the CAB’s report. Mr. Feiner began the work session discussion by stating that some members of the Town Board think it’s unfair to make George Malone the scapegoat for the problems with Greenburgh’s cable system. Mr. Hillgartner explained the problem is there have been no clearly defined expectations. He noted that CAB members did a system analysis based on the information provided to them, and the report is not about personnel issues. Mr. Feiner repeatedly asked Mr. Hillgartner to meet with him to discuss a proposed budget for next year. Mr. Hillgartner was hesitant to do so, stating he has no executive power to provide such input. Councilman Steve Bass urged his fellow board members to adopt the CAB’s recommendations. Mr. Feiner said he would be willing to support an interim executive board but wanted no one on the board who is or has been a candidate, who supported a candidate, or who had been involved in a political campaign in any way. Town Attorney Susan Mancuso questioned how to implement an interim executive board. Mr. Hillgartner assured her other communities had done so and promised to provide her with more information. Councilwoman Timmy Weinberg stated she wanted a resolution in final form before the board schedules a vote.
At the work session, a number of questions were raised about the proposed rules regarding cable TV access for political candidates during election years. Mrs. Preiser told CGCA members that Supervisor Feiner appeared to exhibit paranoia during the discussion. He told his fellow board members the reason the CAB worked is because the members had no agenda. He stated that “on the campaign committee a while back, it turned out everybody disagreed with me. You had Mary Tobias who has never been supportive, so it became political.” Mr. Feiner also questioned whether a political debate should be aired on cable TV if it is sponsored by a biased organization. Mr. Feiner also expressed concern that 65 people might have programs that were critical of his administration, and he wondered whether 65 of his friends and relatives would be given access to programming to neutralize the problem and tell everybody how terrific he is.
CGCA TO APPEAL TOWN’S DENIAL OF CABLE TV DOCUMENTS
Mrs. Preiser noted that on behalf of the CGCA she filed a FOIL request to obtain a copy of the lease agreement for the cable studio at 297 Knollwood Road. The agreement indicates that the Town is renting 1,600 square feet of space, part of which will be used by the Comptroller’s office for storage. CGCA members noted that the CAB had been told the Town was renting 1,100 square feet. The lease runs from September 15, 2002 to September 30, 2004. The rent is $32,000 per year plus an additional sum of $4,000 per year for utilities. At the October 8 Town Board work session, Town Clerk Alfreda Williams stated that the studio would be ready by “next week.” Mrs. Preiser noted that as of today, it still is not ready.
Mrs. Preiser reported that after several unsuccessful requests asking for a copy of the CAB’s report, she filed a FOIL request on behalf of the CGCA. She received a copy from Alfreda Williams on October 8, however, the following attachments to the report were withheld: Attachment D. Staffing – Time Analysis; Attachments K-Q which are forms that persons must sign to have a program, use the studio and/or equipment, or submit an announcement to be played on the Bulletin Board; and Attachment R. Job Description: Station Manager. Inasmuch as drafts of these documents were distributed at earlier CAB meetings, it is unclear why Ms. Williams refused to release these documents. CGCA members suggested it could be because she approved paying the cable coordinator for more hours that he told CAB members he worked. The CGCA approved a resolution to appeal, under FOIL, Ms. Williams decision to deny these documents.
TOWN COUNCIL LETS SUPERVISOR DECIDE TOWN HALL SITE
CGCA members noted that Supervisor Feiner last week sent an e-mail stating that the decision has been made to use the building at 177 Hillside Avenue as a Town Hall. Ella Preiser told CGCA members that she has attended all Town Board work sessions, and the Town Board has never discussed this issue. She questioned why the board members are allowing the Supervisor to make the decision. She noted that at today’s work session, Mr. Feiner announced that he met with Demita Gerber and Howard Jacobs earlier in the day and the Library is satisfied with the decision. Mrs. Preiser said that the board called a special meeting at today’s work session and passed a resolution authorizing the retention of Lothrup [sic] Associates of Valhalla to perform an “Existing Facility Evaluation.” It was decided to defer to next week’s Town Board meeting another resolution “authorizing the Town Board to commence preliminary condemnation proceedings with regard to acquisition of 177 Hillside Avenue.” CGCA members asked if the board was really planning to condemn the building. Mrs. Preiser told them she was accurately reporting what the agenda stated.
CGCA members noted that the community has been totally left out of this process. Cleo Oliver said that the Fairview community asked for a meeting but has received no response. It was noted Supervisor Feiner arranged a special meeting for residents when Dobbs Ferry Road was being considered as a possible site. Hal Samis said he is sure the relocation committee will be cited as being in favor of whatever Mr. Feiner decides although the committee as a whole has played no role re this location.
MISCELLANEOUS
Proposed Steep Slopes and Wetlands Legislation. It was noted that the Town Board still will not release revised legislation.
Fulton Park Neighborhood Promised Trees. Irene Zuck reported that Town Engineer Michael McGarvey was instrumental is having the DOT reduce the intense noise that plagued residents of Randolph Road during the Route 287, Exit 5 improvements. She noted that residents have been promised that 100 trees will be planted in the area in November.
Proposed Trader Joe’s – Marshall’s Shopping Center. On October 9, the Town Board held a public hearing on Hampshire Management Company’s request for amended site plan approval to enlarge the Westchester Square Shopping Center on Central Avenue to erect a Trader Joe’s store and an addition to the former Service Merchandise store. Residents from The Colony, North Washington Avenue, and Laurel Street voiced concerns about traffic, safety, the realignment of North Washington Avenue required by the ZBA, and rats. The Town Board adjourned the hearing to October 23 to give Planning Commissioner Mark Stellato time to review the latest traffic study.
Prospero Nursery, Knollwood Road. On October 9, the Town Board held a public hearing on Prospero’s request for a waiver from the Moratorium Law. The owners demolished a shed on their property that contained a lunchroom and bathrooms for employees and built a larger shed without a permit. The owners subsequently applied for but were denied a building permit because the Building Inspector determined that a use variance was required to enlarge a nonconforming structure. A waiver from the Moratorium Law is required before the owners can appeal the Building Inspector’s decision to the ZBA. The Town Board adjourned the hearing to give the owners time to contact the neighbors.
Hackley School, Benedict Avenue. The Town Board has scheduled a public hearing for October 23 on the draft generic EIS which addresses both short-term construction plans and a long-term Master Plan for the Hackley School campus. The short-term plan includes demolishing some existing buildings on the site and constructing a new middle school/science building and additions to the lower school. The proposed development would be in areas where there are steep slopes. Ella Preiser told CGCA members that she agreed with the proposal to develop the area of steep slopes and leave the northern portion of the property as undeveloped open space rather than spreading the campus buildings to areas where the property is more level.
Midway Shopping Center, Central Avenue. David Kreiness reported that the owners of the Midway Shopping Center have complained to the Town that they have not been allowed to meet with the civic associations in Edgemont. He noted that was totally false. The ECC and its 8 member groups have scheduled a meeting for next month for the Steinbergs to make their presentations and hear questions/comments from the residents. Mr. Kreiness noted this will be an open meeting, unlike the closed meetings the Steinbergs have held for certain individual residents where uninvited people were prohibited from speaking.
Proposed Historic Preservation Legislation. The Planning Board is scheduled to discuss the proposed legislation at its meeting tomorrow (October 16). It is hoped this legislation will be in final form and ready for the Town Board to adopt when the Final Generic Environmental Impact Statement on the Open Space Comprehensive Plan is completed.
Proposed “McMansion” Legislation. On September 25, the Town Board referred Councilman Steve Bass’ proposed Floor Area Ratio legislation for residential units to the Planning Board for its review and recommendations. A sample study conducted by the Planning Department of 168 single-family and 14 multi-family properties indicates that only 2.4% of existing properties would be made non-conforming by the proposed FAR legislation. The Planning Department is also recommending that side yard set backs be increased in the R-40, R-30 and R-20 single-family residential districts.