COUNCIL OF GREENBURGH CIVIC ASSOCIATIONS
Minutes of Meeting - November 14, 2000
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 civic groups have paid dues for the year 2000:
Ardsley Estates Civic Association
Beaver Hill Association
Birchwood Civic Association
Broadview Civic Association
Downing Hill Civic Association
East Hartsdale Avenue Civic Association
East Irvington Civic Association
Edgebrook Cooperative, Inc.
Edgemont Civic Association
Edgemont Community Council, Inc.
Fort Hill Association
Fulton Park Civic Association
Granada Condominium III Association
Hillcrest Park - Ardsley Civic Association
Hillside Wyndover 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 Civic Association
Parkway Gardens Civic Association
Parkway Homes Civic Association
Poets Corner Civic Association
Secor Homes Civic Association, Inc.
Southern Greenville Civic Association
Stone Oaks Condominium
The Colony at Hartsdale
The Cotswold Association, Inc.
Washington Avenue Civic Association
Westchester Hills Condominium
Winding Road Farm Association
Woodhill Civic Association
* also paid 2001 dues
CGCA membership stands at thirty-six civic groups - an all time high. There is $889.24 in the treasury.
Minutes of the October 17, 2000 meeting were read and approved with minor corrections that will be made prior to distribution.
CGCA members discussed the scheduling of meetings in 2001. Meetings will continue to be held on the third Tuesday of the month with three exceptions - May, September and November. Meetings will be scheduled on the second Tuesday in these months because of conflicts with school board elections in May and holidays in September and November.
CGCA members also reviewed and made corrections to the CGCA mailing list and phone list.
CABLE TELEVISION
The CGCA cable TV program with Chairman Danny Gold interviewing Stephen Belasco, Chairman of the Zoning Board of Appeals, is presumably airing on cable channels. It was noted that on November 8 on Channel 73, the CGCA program aired for only one minute, then the bulletin board started to scroll. During the one minute, there was a constant humming sound and lighting was poor, with deep shadows on the walls behind Messrs. Gold and Belasco.
CGCA members noted that the same audio and visual problems are evident in other programs that have been taped at the new cable TV studio on East Hartsdale Avenue. It appears that the Town does not own adequate equipment. The former director of cable TV, Michael Bennett, brought in his own equipment to tape and edit programs. When Mr. Bennett left, he took his equipment with him. At the October 25 Town Board meeting, a CGCA member was informed that there is some money left in the budget this year which will be used to purchase some equipment for cable TV. CGCA members questioned why adequate funding is not allocated to provide all necessary equipment and sufficient personnel to produce quality cable TV programming. Adequate funds are available. It was noted that the Town received more than $418,000 in cable fees in 1999 and estimates receipt of over $420,000 this year. Chairman Gold was asked to write a letter to the Town Board about this issue.
COMPREHENSIVE PLAN
Members of the Comprehensive Plan Committee have received copies of the Comprehensive Plan document but no meeting has been scheduled for the committee to review it. The Town Board plans to accept the document at its November 20 meeting. Questions were raised about how much input the committee actually has had and whether the issues raised by committee members have been addressed. Under the SEQRA process, the Town Board will be required to declare its intent to be Lead Agency, wait 30 days to assume Lead Agency status and then hold a scoping session to determine what should be included in a Generic Draft Environmental Impact Statement. Simultaneously, legislation should be drafted to implement any proposed changes to the Zoning Map or Zoning Ordinance.
It was noted that the recommended Comprehensive Plan looks at only 29 parcels. The Town Board has failed to enact a moratorium on development on these parcels. Applications for development have been received for 7 of the 29 parcels. (Approval has already been granted for one parcel - Solomon Schechter School.) Questions were raised about whether the applications on the other six parcels will be exempt from any changes proposed in the Comprehensive Plan. It was also noted that the 7-acre WFAS site and an abutting 13-acre vacant parcel have not been included in the Comprehensive Plan even though Supervisor Feiner promised the Secor Homes Civic Association more than a year ago that they would be.
CAMPAIGN FINANCE REFORM
Mary Tobias, the CGCA representative to the Greenburgh Campaign Finance Commission, reported that the GCFC met on November 9 to review and revise the wording in the draft recommendations submitted by the subcommittees. While GCFC Co-chairperson Harriet Leib had hoped that would be the final meeting, there is still unfinished business and the commission will hold another meeting on November 28. The commission plans to present its recommendations to the Town Board on December 13.
The entire commission has now endorsed the Cable TV subcommittee’s recommendation to create a truly independent Greenburgh Cable Access TV Board. One major change was made to the subcommittee’s recommendation - an interim multi-partisan commission will not be created to establish bylaws and rules of procedure, obtain not-for-profit status and determine the composition of the proposed independent Cable Access TV Board. The GCFC will recommend those responsibilities be given to a "Greenburgh Fair Elections Practices Board." The Fair Elections Practices Board also would be responsible for handling any campaign-related disputes.
Supervisor Paul Feiner will be invited to the commission’s final meeting on November 28. In a telephone conversation with GCFC Co-chair Catherine Lederer-Plaskett, Mr. Feiner asked for the opportunity to speak to the GCFC again. He is concerned that the commission is not recommending the reform he favors - taxpayer financing of political campaigns. He indicated to Ms. Lederer-Plaskett that he would be more willing to pass the GCFC recommendations if taxpayer funding were involved and that he plans to put a referendum re taxpayer financing on next year’s ballot whether or not the GCFC supports it.
PLANNING PROCESS IMPROVES IN THE TOWN
Beginning May 1, 2000, the town entered into a contract with the firm of Allee King Rosen & Fleming, Inc. to serve in the capacity of Commissioner of Planning in Greenburgh. The firm provides the town with a number of planning consultants with specific expertise. CGCA members noted that AKRF has brought a level of professionalism and civility to the planning process in Greenburgh. Pre-application conferences are scheduled between applicants, town star and others, such as police or fire officials. All applications are scrutinized more thoroughly. AKRF provides information to the Planning Board to assist in its review of applications. The Planning Board holds work session discussions before scheduling applications for a public hearing. A court reporter now provides transcripts of Planning Board work sessions. These transcripts serve as an official record of Planning Board discussions and decisions and are a great benefit to both applicants and members of the community.
The Town’s contract with AKRF will be expiring at the end of this year. CGCA members are impressed with the many improvements that have occurred in the town’s Planning Department and urge the Town Board to extend the AKRF contract for another year. Chairman Gold was asked to write to the Town Board about this issue.
UNIFICATION CHURCH PROPERTY - TAXTER ROAD
Danny Gold announced that today he received a copy of a letter that Supervisor Feiner had written to those proposing to build a private golf course on this property to present a proposal for municipal use. Mr. Gold noted that Parks Commissioner Gerry Byrne indicated that in other communities in Westchester where private golf courses have been built, the municipalities have received permission to hold municipal tournaments and/or schedule tee time for senior citizens or other non-members at reasonable rates.
It was noted that the developers made a presentation about the proposed golf course to the Town Board at the October 31 work session. Danny Gold was not informed that this meeting was to take place. Mr. Gold e-mailed a message of his displeasure to Supervisor Feiner and received a very nice letter in return explaining that it happened without the Supervisor’s knowledge.
Mr. Gold noted that he has been in touch with the Westchester Land Trust, which is currently studying the 350 acres that Rev. Moon owns in the area. WLT plans to issue its report in January and it is unlikely that the proposal for the golf course and homes will move forward before the report is received.
KATHWOOD ROAD - ORCHARD HILL
COURT RULES AGAINST BUILDING INSPECTOR, AGAIN
As reported this summer, state Supreme Court Judge Peter Leavitt decided that the Building Inspector had no authority to use an old subdivision map to create building lots and issue building permits for five houses under construction on Kathwood Road in the Orchard Hill area. The judge annulled the building permits and ordered the developer to obtain subdivision approval from the Planning Board. Based on the court decision, the Building Inspector determined he could not issue about 50 other building permits and noted that thousands of other properties in the town could be illegal. On August 24, the Town Board and Building Inspector filed papers asking the judge to modify his decision, since it would be unfair "to innocent owners of lots previously approved under the Town’s policy."
In an October 3 decision, Justice Leavitt responded that there was no need to modify his July 11 decision since the Building Inspector’s reading of that decision "is patently erroneous; it is, in fact, nothing short of astounding." In an effort "to spare such ‘innocent owner’ the consequences of the Building Inspector’s ‘reading’ [of his July 11 decision]," the judge provided an explanation for the Building Inspector’s "edification." The judge noted first that owners of other lots were not the subject of the lawsuit and his order applied to only the five building permits issued by the Building Inspector to the property owner of the Kathwood Road lots. The judge further noted that even if a former building inspector unlawfully created some other lots in the past, the time limitations to appeal the building inspector’s decision to the Zoning Board of Appeals or the court would have expired. If the current Building Inspector refused to issue building permits for these "previously approved aggregated lots," either the ZBA or the court must overturn his decision.
In his October 3 decision, Justice Leavitt also denied the request of the Kathwood Road neighbors to review his decision that the property sold to the developer wasn’t dedicated parkway land. The neighbors presented the court with the 1951 law establishing the Sprain Brook Parkway, which reserved the land acquired to be held "in perpetuity ...for parkway purposes and for no other purposes." There is no evidence that this law was ever rescinded. The judge decided that the copy of this law was not "new evidence" and no "reasonable justification" had been provided for failure to present this information in the original lawsuit.
CGCA members noted that the developer of the five houses on Kathwood Road has submitted an application for subdivision approval to the Planning Board but also has appealed Justice Leavitt’s decision. The Planning Board has not discussed this application. It is not known whether the Kathwood Road neighbors have cross-moved to have the appellate court decide whether the State DOT had the right to sell dedicated parkway land as "excess" land at auction.
POLICE/COMMUNITY ADVISORY COMMISSION
The Police/Community Advisory Commission, a group of residents appointed by the Town Board, meets each month with the Police Chief to discusses issues important to the quality of life in Greenburgh.
CGCA Vice-Chairperson Cleo Oliver chairs the group and is interested in getting more publicity so more people will participate. Francis Sheehan attended a P/CAC meeting on November 13. Mr. Sheehan informed CGCA members that the following items were discussed at the P/CAC meeting:
• Shopping Cart Law. The law was to go into effect on November 1, but couldn’t be enforced until the stores posted signs stating that it is a violation to remove shopping carts from store property. The stores had difficulty getting the signs so the police delayed enforcement until this week. Stores that have not posted signs and put identification tags on their carts will be issued a summons each day they are not in compliance. The police have bought 40 collapsible shopping carts to be given to eligible residents who need carts to get purchases home. The P/CAC set eligibility standards - age 65 or older, or disabled, or those with special needs. Residents receiving the carts must sign a waiver holding the Town harmless in the event they get hurt. Police will issue warnings for two weeks to anyone who illegally removes a cart from store property. Carts will be confiscated and residents will be driven home.
• Police Grant Money. Chief John Kapica stated he had sent two letters to the Town Board about grant money available to hire additional officers, requesting permission to pre-apply for the funds. He received no response to his letters. The pre-application reserved the right to apply for the funds. Failure to pre-apply means the Town will not be permitted to apply during the next federal grant cycle.
• Leaves, Scooters - Helmets. It was noted that some piles of leaves are so high that drivers may not see children riding scooters. The Town Board is considering legislation requiring those riding scooters to wear helmets.
• Abandoned Vehicles. If someone parks or abandons a vehicle on private property, the police cannot have it removed unless the vehicle was stolen. Property owners must arrange with a tow truck company to have the vehicle removed.
• Sprain Road. Greenburgh police officers are still directing traffic at the entrance to Sprain Road at Jackson Avenue. A traffic light with a turn arrow is expected to arrive the 2nd week in December and should be installed the following week. In January, the developer of the shopping center (housing Home Depot, Stew Leonard’s & Cosco) will be 100% responsible for paying for police officers. The cost is currently shared.
• Payne Street. The state DOT denied requests for a southbound left-turn arrow at the Route 9A/Payne Street intersection. During the approval process for the multiplex theater, the developer promised an arrow would be installed. Police are considering ordering the removal of an outdoor pay telephone on Payne Street since it was used in the commission of a crime. A deli delivery person who responded to a call made from the phone was robbed.
• Central 7 School District. Police are gathering evidence regarding the shooting of two students with a BB gun. A similar incident occurred on Oak Street. Police have solved over a dozen burglaries - committed by high school students during lunch hour. An $81,000 grant was used to study why 1/3 of the students leave the campus during the school day. The results - (1) student leave because there is no sign posted prohibiting it and (2) nothing happens if they do leave. The school is considering hiring two police officers to work during the school day. The school is in consultation with the Town Board about how best to resolve the issue.
• Greenburgh Housing Authority. Mr. Afoun, the new executive director of the Housing Authority, was introduced. He does not believe in "creating a dependency situation" and will work to get people off being dependent on public assistance. He fully intends to enforce a "one strike, you’re out" rule and evict those who break the law. His message was well received by P/CAC members.
ANTENNA REVIEW BOARD
Ella Preiser attended the October 19 meeting of the Antenna Review Board as a representative of the CGCA. She gave the following report on the meeting to CGCA members:
ARB member Mary Tobias had requested the meeting to discuss procedures regarding meetings and communication. All five members of the ARB attended the 7:30 p.m. meeting. Councilwoman Eddie Mae Barnes, Liaison to the Town Board, arrived at 8 p.m. ARB member Francis Sheehan videotaped the meeting. Ms. Tobias distributed an agenda listing the issues she wished to have discussed.
ARB member Michelle McNally asked to have the issue of televising ARB meetings discussed first, noting that a formal vote was never taken on the issue. She has always opposed televising meetings because it would (1) mislead the public into believing that they could have input into where antennas are sited and (2) place ARB members at a disadvantage by inhibiting informal discussion. She read portions of the Antenna Law aloud and stated that, according to the law, the ARB is not even required to publicly notice meetings when it is reviewing applications for completeness; public notices and hearings are only required when the ARB is deciding on aesthetic or visual considerations. She favored keeping the public informed by placing meeting announcements on the cable TV bulletin board or the town’s website. ARB member Cora Carey stated she was supportive of televising ARB meetings until she found out the town government was not happy with the plan and issued a directive that ARB meetings not be televised. She did not want to jeopardize the cable director’s job. She agreed that the law appeared to indicate that the ARB is not obligated to have open meetings except for aesthetic and visual considerations. She noted that reviewing applications for completeness is not that exciting and the ARB can do it better in a relaxed manner rather than having to be professional before a TV camera.
Ms. Tobias stated she was a proponent of open government and wanted to give community members the option of viewing televised ARB meetings. She noted that no one felt inhibited when an ARB meeting was televised live in June, and members of the public were watching and called in to say the show was being telecast without sound. Mr. Sheehan stated he was surprised to hear Mrs. McNally say no vote had been taken since all had agreed to televise ARB meetings on the first Tuesdays of each month and put that decision in writing, which was widely distributed. He noted that ARB Chair Catherine Lederer-Plaskett had suggested he could videotape the ARB meetings if the cable TV director was not able. Mr. Sheehan stated he was a strong proponent of open government and was disturbed when a member of the public accused the ARB of meeting in secret. He questioned the interpretation of those ARB members who assert it is not necessary for the ARB, an official board, to abide by the Open Meetings Law and publicly notice all meetings. He requested that a legal opinion be sought from the Town Attorney.
Mr. Sheehan asked Councilwoman Barnes if it was an official policy of the Town Board that ARB meetings not be televised. She responded it was an official decision that ARB meetings be announced but not televised. Mr. Sheehan inquired when that decision was made since he had attended all Town Board work sessions and the issue was never discussed. Ms. Barnes replied that it was an administrative decision that was put in writing. Mr. Sheehan asked for a copy and Ms. Barnes said she would provide one.
While most of the two-hour meeting was devoted to the issue of televising meetings, other issues were briefly mentioned. In response to Mr. Sheehan’s concern that dates for ARB meetings are set without the input of all five members, Ms. Carey stated that he had no problem with that procedure during the past four years. In response to Mr. Sheehan’s and Ms. Tobias’ concerns about not receiving notices of meetings, Ms. Lederer-Plaskett acknowledged that she had not sent one to Mr. Sheehan about this meeting but had for all other meetings and that they should check with their postmasters. Copies of minutes of meetings have not been made available but the ARB Chair insists they exist.
Each time another issue was raised, Ms. Lederer-Plaskett said it would be dealt with later and returned the conversation to televising ARB meetings. She maintained that the real issue was not televising meetings but whether ARB members would do their job. She stated televising meetings was not something she was willing to fight for. Ms. Carey agreed. A formal vote was taken about whether to pursue the issue of televising ARB meetings. Mr. Sheehan and Ms. Tobias voted yes. Ms. Carey, Mrs. McNally and Ms. Lederer-Plaskett voted no.
The two-hour meeting was spent mainly discussing televising ARB meetings, but a brief discussion took place regarding establishing meeting dates. Mr. Sheehan and Ms. Tobias called for regularly scheduled meetings. Ms. Lederer-Plaskett and Mrs. McNally maintained dates had to be flexible because of the 30-day clock to review applications. A meeting was set for November 30 at 7:30 p.m. to discuss the remaining issues on Ms. Tobias’ agenda. A December 21 meeting was also scheduled but will not take place unless an application is received.
CGCA members were troubled by Mrs. Preiser’s report of the tension and hostility at this ARB meeting. Much of the hostility was over Mr. Sheehan’s right to videotape the meeting and Mrs. Preiser’s use of a tape recorder (to accurately report to the CGCA). CGCA members continue to endorse televising ARB meetings and see use of be cable bulletin board as an unacceptable substitute. It was noted the ARB is an official board and must comply with the Open Meetings Law. The CGCA has publicly supported the Antenna Law since before it was adopted and has always supported ARB members. Hopefully, these open government issues will be resolved amiably at the next ARB meeting.
MISCELLANEOUS
East Hartsdale Avenue. Deborah Bloom noted a flower shop is now open for business in the former Shoe Lab storefront. She also noted that a number of people from the various residential buildings on East Hartsdale Avenue were meeting to resolve issues and foster stronger civic ties.
Proposed Zoning Code Change - Canopies. The Town Board has scheduled a public hearing on November 20 to consider amending the Zoning Code regarding canopies. The code change is meant primarily to address canopies for gasoline stations. The Planning Board reviewed and recommended changes at its April 18, 2000 meeting. CGCA members have obtained copies of the new proposal but have not had time to thoroughly review it. However, it was noted that there appear to be a number of substantive changes from what the Planning Board recommended in April.
ZBA Proposes Amendment to Rules. The Zoning Board of Appeals will hold a public hearing on Thursday, November 16, to consider amending its Rules of Procedure to hold regular ZBA meetings on the 3rd Thursday instead of the 4th Thursday of each month. Every year it is necessary to changes dates in November and December because of the holidays. These changes shorten the time between the October and November meetings and lengthen the time between the December and January meetings. CGCA members have no objections to the proposed amendment. Questions were raised about when a public hearing on the completely revised ZBA Rules of Procedure will be held.
Water Filtration Plant. When Alice Moroney attended a meeting recently at the College of Mount Saint Vincent in New York City, she noticed a terrible stench coming from the adjacent Yonkers Sewage Treatment Plant. She mentioned this at a meeting for the proposed water filtration plant and questioned whether the Yonkers plant is currently over capacity and/or able to handle the number of gallons of new effluent that would be discharged from the proposed wastewater treatment plant. The DEIS on this proposal is due the end of December 2000.
Landmark Proposes Hotel and Labs. According to an article in the Westchester Business Journal, the new owners of The Landmark at Eastview (formerly Keren/Union Carbide) have submitted conceptual site plans to the Town for 595,000 square feet of new buildings. The plans include a six-story, 200,000 square foot hotel with an attached 75,000 square foot conference center and two separate lab buildings (170,000 square feet and 150,000 square feet). CGCA members noted that under the Comprehensive Plan this property is being considered for rezoning and/or excluding the areas of steep slope and wetlands when calculating allowable development.
Home Depot, Mount Pleasant. Earlier this year, Home Depot was successful in its lawsuit against the Mount Pleasant Planning Board, which denied the store site plan approval and a wetlands permit. Alice Moroney noted that the Town of Mount Pleasant Planning Board wants to appeal the court decision. Another meeting on this issue is scheduled for Monday.
Glusker Subdivision - High Street. The Planning Board held a public hearing on November 1 on this proposed 5-lot subdivision in the Payne Street area. More than 15 residents addressed the board about the impact this proposal would have. The board was presented with pictures taken on the property, showing fish swimming in a brook that was not shown on the developers’ plans. Planning Board members would like to make another site visit and adjourned the hearing to December 6.
Springhill Suites Hotel. The hotel’s application for area variances has been adjourned to the December ZBA meeting. The Westchester County Planning Board wrote a letter (October 20, 2000) stating that the plan in the FEIS is the same plan included in the DEIS and does not address the environmental impact issues the WCPB raised.
Storage Bins - Charitable Contributions. Lorrin Brown raised concerns about the large numbers of storage bins for used clothing being placed in gas stations and stores around the town. A question was raised about whether these structures need sheds.
Also noted and/or distributed were copies of
• A packet from Supervisor Feiner including a letter from Lester Steinman, Director of the Michaelian Municipal Law Resource Center of Pace University; a copy of recent legislation signed into law by President Clinton; and an article from the New York Law Journal. The new legislation appears to severely limit a municipality’s powers to impose or implement land use regulations regarding places of worship or religious assembly.
• A November 2 article from the Journal News, "Pipeline routes may be altered," about two proposals - one from Yonkers and one from Briarcliff Manor - to alter the routes of the proposed Millennium natural gas pipeline that would run through the communities.
• A September 18 article from the New York Times, "In Upstate Town, Out With Graft, In With Rancor," about past corruption and the current infighting (verbal and physical) among new board members in the Town of Poughkeepsie. [The article is about the town, not the city of Poughkeepsie.]
• An October 25 article from the Tampa Tribune, "Sierra Club sues to stop golf site," about a lawsuit to seek reversal of he city’s approval of Toll Bros. plan to build an 18-hole golf course, retail space and 1,599 units of single and multifamily housing. The lawsuit alleges the developer is paying too little for off-site wildlife mitigation and purposely proposed a development one unit shy of the 1,600-unit threshold that would trigger regional impact review.
• An article, "Airports’ Poison Circles," about the amount of pollution that jet planes cause and the concern that building new airports and runways will increase the cancer rate among those living in the vicinity of the airport. Residents are encouraged to write to County Executive Andy Spano and/or attend hearings regarding updating the Westchester County Airport master plan.