COUNCIL OF GREENBURGH CIVIC ASSOCIATIONS

Minutes of Meeting - October 18, 2005

The Council of Greenburgh Civic Associations (CGCA) seeks to provide information and to advance the common interests of member civic groups in important Town affairs. CGCA Treasurer Mary Tobias has reported receiving dues for the year 2005 from the following civic groups:

Ardsley Estates Civic Association
Ardsley - Hillcrest Park Civic Association
Babbitt Court Civic Association
Beaver Hill Association
Birchwood Civic Association
Broadview Civic Association
Chatterton Parkway Civic Association
East Irvington Civic Association
Edgebrook Cooperative, Inc.
Fairground Civic Association
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 Civic Association
Longview Association
Mayfair-Knollwood Civic Association
North Elmsford Civic Association
Northern Greenville Association
Parkway Gardens Civic Association
Parkway Homes Civic Association
Rex Ridge Apartment Corp.
Secor Homes Civic Association, Inc.
Stone Oaks Condominium
The Colony at Hartsdale
The Edgemont Association
The Sprain Road Association
Westchester Hills Condominium
Winding Road Farm Association
Woodhill Civic Association
Woodlands-Bradley Civic Association

To date, thirty-eight civic groups have paid dues for the year 2005. There is $1,177.65 in the treasury.

CGCA Vice Chairman Cleo Oliver chaired the meeting, which was held at the Theodore D. Young Community Center. Minutes of the CGCA meeting on September 20, 2005 were approved.

CLAIMS FOR 52-FOOT HIGH NET DON'T FLY WITH EHA RESIDENTS
ZBA' S "PAPER HEARINGS" CRITICIZED

Deborah Bloom reported that East Hartsdale Avenue (EHA) residents continue to have concerns regarding Scarsdale Golf Clubs' request for a variance to erect a 52-foot high net to catch errant golf balls. Some EHA residents did not know about the CGCA or understand why CGCA representatives spoke on their behalf at the ZBA hearings. Some residents have discussed asking the co-op boards along the street to make contributions to a fund to file a lawsuit seeking an injunction if the ZBA grants the variance. The ZBA will discuss and likely decide this case at its meeting on October 20, 2005.

Ms. Bloom noted that five years ago when the golf club sought a similar variance from the ZBA, speakers from the community formed a line and everyone who wished to speak was permitted to speak. At the public hearing on September 15, 2005, the ZBA closed the hearing even though there were members of the public who still wanted to speak. Ms. Bloom questioned whether the ZBA would have closed the hearing last month if speakers had been waiting in a line. Ella Preiser noted that public hearings are scheduled to hear from the public. She said it was wrong for the ZBA to close the hearing while there were still residents wishing to be heard. Elinore Gordon noted that in years past some speakers just approached the microphone, gave their names and addresses, and said they agreed with previous speakers.

NO SUBSTANTIVE CHANGES MADE IN LATEST CAC "TREES" PROPOSAL

Ella Preiser reported that at today's (10/18/05) Town Board work session, board members received copies of the latest proposed amendments to the law regulating "Trees" in Greenburgh. Conservation Advisory Council (CAC) members, who proposed the amendments, plan to attend the next Town Board work session to discuss the document. Lorrin Brown asked what changes have been made. Councilman Steve Bass told CGCA representatives that the changes were not substantive but do address some of the issues that were raised at the last public hearing (9/14/05) before the Town Board.

Cleo Oliver said that she has noticed a lot of branches covering signs and overhanging the streets. She commented that these branches create sight distance problems for drivers. Trees located in the street right-of-ways whose branches overhang the street are the responsibility of the Department of Public Works. Councilman Bass noted that DPW tries to be proactive but can't be everywhere. He recommended that residents report any hazardous conditions along the roadways to DPW Commissioner Al Regula. Mr. Brown mentioned that he called attention to a dangerous tree at a recent Town Board meeting and the DPW quickly removed that tree and trimmed other trees in the area.

TOWN'S RIDGE HILL EFFORTS PRAISED LEGAL FEES RISE

The City of Yonkers has not yet decided the fate of the proposed massive Ridge Hill development. Councilman Steve Bass commented that the Town of Greenburgh has done a good job of educating residents, including Yonkers residents, of the problems this enormous proposed development could cause. The $100,000 ($50,000 + $50,000) that Greenburgh previously allocated for outside legal help has been spent and at the meeting on October 26, 2005, the Town Board plans to transfer another $50,000 for legal fees. Ella Preiser reported that at the Town Board work session on October 11, 2005, Planning Commissioner Mark Stellato praised both Michael Zarin, the outside legal consultant representing Greenburgh before the Yonkers boards, and the Greenburgh volunteer community committee, co-chaired by MaryJane Shimsky and Rod O'Shea, for the work they have done. Lorrin Brown mentioned that the developers, Forest City Ratner, have already had a focus group with certain realtors to determine prices for the condominiums proposed in the Ridge Hill development.

ADOPTED FAR, STEEP SLOPES AND WETLANDS LAWS TO BE RE-EVALUATED

Councilman Steve Bass told CGCA representatives that at today's (10/18105) work session the Town Board agreed to pass a resolution at its next meeting to review the Open Space plan adopted in 2003 and its associated environmental legislation - floor area ratio (FAR), steep slopes and wetlands. Danny Gold asked what was the objective. Mr. Bass responded that the review would help determine how the legislation was working and whether any amendments were needed. It was noted that an increasing number of applications have been filed with the ZBA for variances from the FAR limitations that were imposed in single-family residential districts to address the problems of McMansions overwhelming established neighborhoods. At the September CGCA meeting, CGCA representatives unanimously passed a resolution asking the Town to revisit these laws.

PROPOSED HELICOPTER PAD RAISES NOISE AND SAFETY CONCERNS

Ella Preiser reported that representatives for Madison Square Garden (MSG) attended the Town Board work session on September 27, 2005 to request a code change to locate a helicopter-landing pad at the MSG training facility on Old Saw Mill River Road. Danny Gold inquired about the code change. Mrs. Preiser noted that formal language had not been submitted, but MSG is apparently asking that the Zoning Ordinance be amended to include a helipad as a permitted accessory use for a professional athletic training facility. Originally MSG was prepared to argue that the Zoning Ordinance already permitted helipads as accessory uses in the Office Building (OB) zoning district.

CGCA representatives expressed concerns that helicopters are noisy and can be dangerous as recent crashes over New York City waterways have shown. The helicopter will have to fly over some Greenburgh neighborhoods. It appears that the important people at MSG and its parent organization, Cablevision, don't want to drive on our local roads or even fly into the Westchester County Airport. Mrs. Preiser said the MSG representatives have asked for a neighborhood meeting. They claim the helicopter will "fly neighborly" and any noise impact will be minimal.

PLANNED FACILITIES AT MIDWAY SHOPPING CENTER INCREASE PARKING NEEDS

At the Planning Board work session on October 5, 2005, even though the issue was not on the agenda, the attorney representing Midway Shopping Center interrupted and asked when the Planning Board intended to hear the Special Permit applications for Pizza Hut and ProFit (a health club). At the end of the evening meeting, the Planning Board voted to schedule the two applications for work session review on October 19. Michelle McNally told CGCA representatives that the real problem at the shopping center is parking. The owners of the center have taken out certain proposed alterations to the parking lot to squeeze in the required number of parking spaces, and the roof top parking spaces are smaller than the code requires. Mike Sigal mentioned that the vehicle and pedestrian flow in the shopping center lot is dangerous near the Cold Stone Ice Cream store.

ENGINEER/DEC ADVISE AGAINST MITIGATING CONTRACTOR-CAUSED MUDSLIDE

In April 2004, a contractor did not employ adequate environmental measures while working on a project to provide a closed loop to the East Irvington water tower. Heavy rains caused a mudslide into two ponds - one at the Taxter Road Nature Preserve and one on the property of resident Carol Demas. The Department of Environmental Conservation (DEC) was contacted. The DEC ordered an engineering report regarding the mudslide into the ponds and also a report regarding the Town's mulching operation of yard waste on Taxter Road. The DEC ordered the Town to cease the mulching operation.

At the Town Board work sessions on September 27 and October 11, 2005, Department of Public Works Commissioner A1 Regula stated that the DEC agreed with the engineering report which advised against

remediation at the Demas pond. Mr. Regula told Town Board members that the report stated there was only a small amount of silt in the pond and dredging might be more disruptive and might cause further damage to surrounding landscaping. Councilwoman Timmy Weinberg questioned whether the Town was responsible for aesthetic changes that had occurred. Mr. Regula responded that was a question the legal department must answer. Danny Gold told CGCA representatives that he had seen the Demas pond both before and after the mudslide and he felt there was substantial damage.

AREA CIVIC GROUP TO BE REVIVED TO ADDRESS NEIGHBORHOOD CONCERNS

Joanne McAdoo reported that efforts to revive a civic association in the Donald Park area were progressing. Ms. McAdoo and James Heffernan also reported that residents in their neighborhood were continuing to inform other neighboring communities, such as Clarewood and Ravensdale, about a rumored request to rezone the Office Building property at the intersection of Route 9A and Jackson Avenue. State Farm Insurance recently sold the property for a reported $1.7 million. It is rumored that Sinatra Funeral Home is interested in opening a mega-funeral parlor at the site. It appears that no plans have been filed with the Town. Mrs. McAdoo said that, in response to a letter asking that the community be kept informed of any plans for the property, the Town advised in writing that it did not feel a funeral home would be a good use of the property.

Ms. McAdoo said heavy traffic, which frequently backs up on Jackson Avenue, negatively impacts her community. She said the monitor on the school bus must get off the bus and stop traffic for the bus to exit her street. She noted more than 2,000 traffic accidents have occurred in the area since 1986. She circulated photographs showing heavy traffic backed up on Jackson Avenue. In one photo, an ambulance appears to be stuck in the traffic. Traffic problems will increase in the area if the Ridge Hill development in Yonkers is approved. There are also reports that Target will be moving to the Home Depot/Costco/Stew Leonard's shopping center.

CGCA WELCOMES SCOBA BUDGET ANALYSIS & LEGAL SUBCOMMITTEE CHAIRS
SPECIAL COMMITTEE RECOMMENDS MORE STUDY

A lengthy discussion took place about the Special Committee on Budget Allocation (SCOBA) report that was issued on September 20, 2005. CGCA representatives introduced themselves and welcomed two Unincorporated residents who served on the committee - Jack McLaughlin, an East Irvington resident who chaired the Budget Analysis Subcommittee, and Mike Sigal, an Edgemont resident who chaired the Legal Subcommittee.

Mr. McLaughlin and Mr. Sigal explained some of the various topics that were covered in the report. They noted one recommendation was that expenses associated with the operation of Glenville Woods should be moved from the "B" budget (paid by Unincorporated property owners only) to the "A" budget (paid by both Unincorporated and Village property owners). This recommendation was made because the courts in the lawsuit filed by Bob Bernstein decided (2/17/05) that Taxter Ridge must be paid for by taxes imposed town-wide. In March 2005, the Town Board shifted Taxter Ridge expenses to the "A" budget. The Town Board is currently considering whether to perfect an appeal of the decision Bernstein won on behalf of Unincorporated taxpayers. The SCOBA committee did not address whether the appeal should go forward, but reasoned that Glenville Woods should be treated in the same manner as Taxter Ridge since both parks have the same funding sources and access parameters.

Mr. McLaughlin and Mr. Sigal identified some other expenses the SCOBA report recommended that the Town Board should investigate to determine whether they are properly allocated or assigned.

• Cable television expenses. Approximately $155,000 for personnel, supplies and repairs is currently charged to the "B" budget. However, Town Board meetings and other town-wide activities are currently broadcast town-wide.
• Expenses for Town Engineer. The Town Engineer doesn't really work town-wide, but State Law requires the expense to be imposed town-wide. At present most expenses are charged to the water district. At a recent Town Board meeting Ella Preiser raised a question about why the SCOBA report referred only to the Town Engineer's salary while costs for whole departments were included in other sections. Mr. McLaughlin told CGCA representatives that further investigation is needed to determine whether the expense would be $100,000 plus benefits for the Town Engineer's salary or $400,000 plus benefits for the costs of the entire engineering department.
• Expenses for Superintendent of Highways. Mr. McLaughlin told CGCA representatives Greenburgh does not have such a position, but some person must perform the function of a Superintendent of Highways - either DPW Commissioner A1 Regula or a foreman. Mr. Sigal said that since the report was issued he found a State Comptroller's opinion that indicated the expense for the whole office (including support staff) should be charged to the "A" budget.

Ella Preiser mentioned that the New York State Local Government Handbook states: "... the salary of the town superintendent of highways and the capital cost and operation of the town highway garage are both general (town-wide) charges, even though their functions basically cover only part of the town (the portion outside villages)." Mr. Sigal said that while that clause is generally true statewide, there is a special exception in Westchester County and the cost of operating Greenburgh's highway garage is not a town-wide charge.

Danny Gold asked how it was determined how taxes should be imposed. Mr. McLaughlin said that both factual and legal investigation was undertaken but SCOBA didn't have the resources or time to completely investigate all matters. In those cases SCOBA recommended that the Town Attorney and/or Town Comptroller conduct further research or request an opinion from the New York State Comptroller. Mr. Sigal explained that the state constitution and state statutes gave the State Comptroller the task of establishing a system of accounts that all municipalities must follow. Municipalities may also seek answers to questions on taxation and other finance issues from the State Comptroller. Mr. Sigal said SCOBA did not find many court decisions that were applicable. In the few decisions that were found, the court relied on previous opinions issued by the office of the State Comptroller.

Numerous questions were raised about why Unincorporated taxpayers ("B" Budget) were charged for most of Greenburgh's parks even though the parks are open to everyone. Mr. McLaughlin explained that the decision was based on the "Finneran" law. After the Village of Ardsley sued Greenburgh seeking admission to what is now Anthony F. Veteran Park, New York State's highest court ruled that under state law, town-owned parks must be open to all town residents and costs of maintaining the parks must be charged to all taxpayers town-wide. Greenburgh had been restricting admission and charging only Unincorporated taxpayers for the parks. William Finneran was a member of the New York State Assembly who represented Greenburgh and introduced a law in Albany in 1982, specific to Greenburgh, to correct the problems identified by the court. County Legislator Thomas Abinanti who attended the CGCA meeting said that he was a member of the Greenburgh Town Board when the Finneran law was written. He cautioned against reading too much into the drafting of the law and recalled that it was designed to solve a political problem and put forward quickly at the end of a legislative session.

Mr. McLaughlin noted that some people have a different opinion of what one clause in the Finneran law means. The law provided that the costs of acquiring, improving, operating and maintaining Greenburgh parks and recreational facilities must be charged to Unincorporated area taxpayers and restricted in use to Unincorporated area residents. The controversial clause states: "subject to any agreements between said town [Greenburgh] and the United State government contained in any grant contract." Mr. McLaughlin and Mr. Sigal said they were not taking a position on whether the Finneran law was right or wrong. They were taking their interpretation of the decision in the Bernstein lawsuit as a given.

SCOBA found some Greenburgh parks were acquired/developed with grants from the federal government. Mr. Sigal noted there are two types of federal grants. If grants were received under the Land and Water Conservation Act of 1965, discrimination based on residency was prohibited except to the extent a reasonable difference in admission could be charged on the basis of residency. If grants were received through Housing and Urban Development (HUD), discrimination in admission was prohibited based on the grounds of race, color, national origin, religion, sex and handicap. Mr. Sigal said SCOBA found no HUD regulation that prohibited discrimination based on residency but had not researched all HUD regulations.

Lorrin Brown noted that his community has learned that because Massaro Park and Pocantico Park received funds from the federal government in 1976, anybody from anywhere (a group of fewer than ten people) can use the park for free and Unincorporated Greenburgh taxpayers must pay for staff and other costs. Mr. McLaughlin noted that several other parks are also open to all because of federal grants. Bill Greenawalt questioned why Glenville Woods was in a different category from Harts Brook. He noted both parks received funding from New York State and Westchester County. SCOBA recommends Glenville Woods be charged to the "A" budget because it received no federal funds. Harts Brook is charged in the "B" budget because of the Finneran law. Federal money ($800,000 the Town of Eastchester gave away because it didn't want to be bound by federal restrictions) was used to purchase Harts Brook. Mr. Sigal pointed out that taxation and discrimination are two different universes. Francis Sheehan questioned the logic of a small federal grant, such as for improving signage, causing millions of dollars to be moved from the "A" budget to the "B" budget.

Mr. McLaughlin noted there are unanswered questions about the Theodore D. Young Community Center, which received a grant from HUD. The center has a pool, which received a federal grant under the Land and Water Conservation Act. Is the center and the pool one entity or two? Were there other contracts? SCOBA was not equipped to answer these questions and recommended more in-depth study. Deborah Bloom asked if the center was open to non-residents. Mr. McLaughlin responded it was open but said according to the Finneran law if should not be open. He said a question remains whether the Town had authority to allow the center to be open to non-residents.

Mr. McLaughlin and Mr. Sigal noted the Greenburgh parks policy states unless otherwise specified parks are restricted to residents of the Unincorporated area. While policy says one thing, practice says something different. And the Town manual says something else - that use is based on priority. Mr. Sigal noted there may not be any basis in law for such a policy.

Because of time limitations, CGCA representatives were not able to complete a discussion on the full report. Copies of the report are available in the Town Clerk's office and from the Town's Web site. Community members were encouraged to read the report in its entirety.

Danny Gold said he has heard a lot of disparaging statement about SCOBA but he believes the community should thank the committee for all of their hard work. Mrs. Preiser agreed that the committee had provided a valuable service to begin a discussion on taxation issues. She said the "Report on Legal Basis of Town/Village Taxation" was especially useful.

VILLAGE OFFICIALS FORM GROUP ADVOCATING LEGISLATIVE BUDGET CHANGES

Mrs. Preiser reported that the mayors of Greenburgh's six villages - Ardsley, Dobbs Ferry, Elmsford, Hastings-on-Hudson, Irvington, and Tarrytown - have sent a letter (10/13/05) to the Town Board in which they state the SCOBA report makes it plain "many of the inequities are the result of outdated state laws." A "Village Officials' Committee" (VOC) comprised of the mayors and a trustee from each village was formed "to formulate legislative changes." The Town Board was invited (summoned?) to a meeting of the VOC in Hastings on October 27 at 6 p.m, and it was suggested that the Town Attorney attend to discuss legal issues.

Mr, Sigal emphasized that although the VOC and some others- are claiming the SCOBA report recommends changing the law, that is not true. The SCOBA report, in fact, calls for further investigation. Mr. Sigal said the report indicates that both some expenses and some revenues may be allocated wrongly. The net difference is unknown. Before trying to rewrite any state laws, the Town needs to find answers to the questions in the SCOBA report and to determine how the answers translate into real dollars. Mr. Sigal noted that although the information was not included in the report, Mr. McLaughlin's subcommittee compared Greenburgh's taxes in the "A" and `B" budgets to taxes in other Westchester towns with unincorporated areas and villages. He noted that the Town of Greenburgh was neither on the high-end nor the low-end, but rather right in the middle regarding taxation of the villages.

CGCA SUPPORTS SCOBA'S CALL FOR STUDY BEFORE PROPOSING CHANGES

After a lengthy discussion, CGCA representatives voted unanimously to send a letter to the Town Board expressing the concern that it was premature for any committee or group to advocate or formulate legislative changes until answers have been supplied to the many unanswered questions that have been raised by the Special Committee on Budget Allocation (SCOBA) report. It was agreed that Unincorporated Greenburgh must be represented during discussions on budget allocations. Civic groups and the CGCA are the logical entities to represent Unincorporated Greenburgh residents and must be included at the table during any discussions.

MISCELLANEOUS

Commerce Bank. At its work session on October 5, 2005, the Planning Board discussed Commerce Bank's application to demolish the Mount Parnasse Diner on Central Avenue and to construct a 4,100 square foot bank building on the 1.1-acre site. The Planning Board scheduled a public hearing on the application for November 16, 2005.

Hackley School. The Planning Board will continue a Public Hearing tomorrow (10/19/05) on Hackley School's application to demolish its existing lower school and to construct a new lower school in the same location. The school also seeks a steep slopes permit. During previous hearings, residents from the Village of Tarrytown have voiced concerns that their homes have been flooded by development on the school's property. Danny Gold noted that a Tarrytown representative would be sitting as a nonvoting member of the Greenburgh Planning Board for both the Hackley School project and a future (Esposito) project. He noted that Greenburgh has a similar arrangement with the Village of Ardsley.

Recreation Needs Assessed. At the Planning Board public hearing on September 21, 2005; Danny Gold spoke in favor of the Greenburgh Recreation Needs Assessment Plan proposed by the Department of Parks and Recreation. Mr. Gold also recommended that the recreation escrow fees paid by developers of new residential units be indexed to inflation. Ella Preiser reported that at its meeting on October 5, the Planning Board made a positive recommendation to the Town Board regarding the plan and also recommended that the Town revisit the recreation escrow fee schedule every five (5) years.

Vacant Diner. Ella Preiser reported that an application has been filed to demolish the existing vacant diner at the intersection of Route 9A and Warehouse Lane (across from Sam's Club) and to construct for Best Rent a 9,000-square foot retail building on the site. A small brook runs through part of the property. Any building would have to be elevated approximately four feet since the property is in the 100-year flood plain of the Saw Mill River. The Planning Board has scheduled a work session (10/ 19/05) on the application.

Winding Road Farm. Ella Preiser reported that Anthony Pirrotti, a resident and attorney from the Winding Road Farm area (near Ardsley) attended the Town Board work session on September 27, 2005, and expressed his displeasure with the approval the Planning Board recently gave to an eight-lot subdivision in his area. Mr. Pirrotti said the Planning Board ignored information he had submitted that one of the lots will exit on a private road. He told the Town Board he wanted to avoid litigation. Councilwoman Timmy Weinberg told Mr. Pirrotti the Planning Board was given autonomy and she would be hesitant to vote to countermand a Planning Board decision.

Babbitt Court/Route 9A Business Get Break from Flooding. Even though more than a foot of rain fell during eight continuous days of storms this month, residents of Babbitt Court and business owners in North Elmsford apparently did not sustain any flood damage. Homeowners on Hunter Lane did not fare as well. Drainage from the nearby industrial park flows through their property causing damage. At the Town Board work session on October 11, 2005, the Town Engineer estimated that correcting the drainage problem could cost the homeowners $100,000.