The Council of Greenburgh Civic Associations seeks to provide information to and advance the common interests of member civic groups in important Town affairs. CGCA Treasurer Mary Tobias has received year 2004 dues from the following civic groups:

Forty civic groups have paid dues for the year 2004. A number of civic groups have prepaid dues for the year 2005. There is $1210.38 in the treasury.

The November 16, 2004 meeting was held at the Theodore D. Young Community Center. CGCA representatives voted unanimously to approve the minutes of the meeting held on October 19, 2004.

Madelon O’Shea mentioned that Supervisor Paul Feiner had announced plans to hold the Town Board meeting on January 26, 2005, at Seely Place School in Edgemont. Ella Preiser reported that at the work session on November 9, 2004, Councilwoman Timmy Weinberg remembered that the parking lot was icy the last time the Town Board met at the school, and Councilman Steve Bass questioned the Supervisor’s authority to determine the location of Town Board meetings. Mr. Feiner insisted he had such authority. Mrs. Preiser noted that at the regular Town Board meeting the following night (11/10/04), Mr. Feiner again stated his "understanding" that he had authority to determine the location of board meetings. CGCA representatives were informed that Mr. Feiner is mistaken. Mrs. Preiser read from New York State Town Law, which states: "All meetings of the town board shall be held within the town at such place as the town board shall determine by resolution…."

CGCA representatives again discussed "road show" Town Board meetings. Elinore Gordon suggested meetings should be held at the Town Hall since the taxpayers have to pay for the new building. She noted the building has adequate lighted parking. CGCA representatives present at the meeting agreed. The many problems with "road show" meetings, particularly those held outdoors, were noted. CGCA representatives present unanimously passed a resolution urging the Town Council members to exercise the authority granted to them by law and to schedule all regular Town Board meetings at Town Hall in 2005. The CGCA continues to support the efforts of the Town Board to meet with neighborhood groups but urges that such outreach take place at special meetings, not at regular Town Board meetings.

Carol Wielk reported on recent emails and letters from Supervisor Paul Feiner regarding the sale of the Westchester Golf Range on Dobbs Ferry Road and the proposal to build 36 houses, costing $1.5 million dollars each, on the property. In the correspondence Mr. Feiner said he met with 20 neighbors who had no objections to the sale and who preferred the site be developed with homes rather than the library. Ms. Wielk commented that no residents from the Secor Homes Civic Association (SHCA) were invited to attend Mr. Feiner’s meeting although SHCA property owners potentially could be impacted by the proposed development. She said she wrote to Mr. Feiner that the SHCA would vehemently oppose opening any access road from the proposed development to streets in the SHCA area. Ms. Wielk said SHCA will seek a meeting with the entire Town Board about this proposal and plans to request that a buffer area be established between the proposed development and homes in the SHCA area.

It was noted that Mr. Feiner received $2,000 in political contributions from the Golf Range at his March 2004 fundraiser. Copies were circulated of an article entitled "Driving range sale sparks criticism from town residents," by David Gottlieb in The Scarsdale Inquirer on November 12, 2004. Robert Bernstein mentioned there was a short piece about the sale of the property in this past Sunday’s The New York Times. Ms. Wielk noted The New York Times is preparing another story about the property.

Madelon O’Shea mentioned that the Planning Board would be discussing the code change requested by LCOR at tomorrow’s (11/17/04) meeting. The proposed amendment to the Zoning Ordinance would eliminate the need to own a 75-acre parcel in order to have a building that bridges a public road. She said she was opposed to the change. Town Attorney Tim Lewis asked the basis for her opposition since the Landmark at Eastview is the only property in the Town that would be affected. Mrs. O’Shea said the present wording in the code was created specifically for this property and the current owner purchased the property with full knowledge of the existing zoning. She said she was troubled by the frequency with which code changes are requested. Robert Bernstein noted that an LCOR executive made a $1,000 political contribution to Supervisor Paul Feiner at a March 2004 fundraiser. Ella Preiser commented that the Planning Board just declared its intent to be Lead Agency under SEQRA on this project on November 3, 2004. She questioned whether the Planning Board should be making recommendations to the Town Board before the 30-day SEQRA process ends regarding Lead Agency status.

Robert Reninger reported that the Town Board appears to be setting aside normal procedure regarding a code change necessary to permit the Greenburgh Health Center (GHC) to operate a facility on Knollwood Road. At its meeting on October 20, 2004, the Planning Board rejected the amendments to the Zoning Ordinance proposed by the GHC to redefine the words "Hospital" and "Professional Office." The board recommended instead a new definition entitled "Clinic, Dental or Medical." On November 10, 2004, the Town Board adopted a resolution declaring its intent to become Lead Agency under SEQRA, not only for the code amendment but also for the site plan. Mr. Reninger told CGCA representatives that the issue was not listed on the board’s preliminary agenda and copies of the resolution were made available to the public only minutes before the start of the board meeting. Supervisor Paul Feiner limited public comment on the resolution to the "five minute" general comment period. Mr. Reninger noted the board classified the project as an "Unlisted Action," although SEQRA regulations indicate it should be classified as a "Type I" action, which would require greater scrutiny. He said that the Broadview CA believes that the Planning Board should be the Lead Agency because it has more expertise and the site is less than five acres. It was noted that the GHC and its affiliate, the Mount Vernon Health Center, each gave a $250 political contribution to Mr. Feiner in March 2004.

Mr. Reninger noted that Town Attorney Tim Lewis has been helpful and has arranged a meeting for Broadview CA residents with Mark Weingarten, attorney for the GHC, for 11 a.m. on November 17, 2004. Mr. Feiner may also attend. Mr. Lewis said Broadview CA residents have raised legitimate issues and people are listening.

A lengthy discussion about "code changes" took place. Robert Bernstein said that he was trying to understand the philosophy behind requests for code changes. He noted individual homeowners are not able to ask for a code change if they want something not permitted in the code. Instead they must seek a variance from the ZBA. Notice is given, a public hearing is held, and the applicant seeking an exception from the law must demonstrate no harm will arise. Mr. Bernstein questioned why certain applicants aren’t required to establish an administrative record to support a code change at a particular location by first seeking a variance from the ZBA. He said the perception in Greenburgh is that certain applicants prefer to seek code changes from the Town Board rather than deal with the Zoning Board of Appeals. He noted that Town Board decisions are political and decisions appear to depend upon who the applicant is and whether a campaign contribution has been received.

Victor Alleyne noted that the recent political contributions were not very significant. He questioned whether they would sway an official. Several CGCA representatives felt that $1,000 or even $250 was a substantial contribution at the local level. Mr. Alleyne noted that businesses grow and may require a code change in order to expand. He mentioned that he formerly worked for Texaco in Harrison. When Morgan Stanley bought the building, they went to the community to explain their needs. They then sought and received the necessary code changes. Elinore Gordon recalled that when Valimar proposed reducing the buffer and space between buildings, the ZBA recommended a code change rather than variances. Ella Preiser said that was because the ZBA believed that the multiple variances granted for construction at Chelsea Park amounted to the ZBA engaging in spot zoning.Town Attorney Tim Lewis noted it is a political reality that officials will try to help push projects they believe are good. Mr. Bernstein suggested it would seem fairer and less arbitrary if there were objective criteria. Mr. Lewis agreed there should be a fair procedure. Questions were raised about whether the Town Board sees the big picture or merely addresses what is on a particular agenda.

Ella Preiser reported that on October 20, 2004, the Planning Board heard from the owner of the recently approved Castle Walk subdivision property about the removal of three trees that the Planning Board had designated to remain. The owner was very apologetic. He said he had asked for a field meeting with the Town’s Forestry Officer about the need to remove the trees. The Forestry Officer said such a meeting was not necessary and granted a tree removal permit without considering the conditions imposed by the Planning Board. Since the owner had put up an escrow fund, the trees will be replaced within the next twelve months with trees of like value acceptable to an arborist hired by the Town at the owner’s expense. Planning Board Chair Fran McLaughlin felt the problem of the Forestry Officer not enforcing the conditions imposed by approving boards will be solved in January when the position of the Forestry Officer is moved to the Planning Department.

Robert Bernstein told CGCA representatives that remedies are available when a party violates conditions of an approval. He noted the Town has the authority to seek injunctive action and penalties. He mentioned if the legal department is not asked to intervene, it fosters the opinion that some applicants are given special treatment. Mrs. Preiser reminded that in this case the applicant attempted to follow procedures and applied for a permit before removing the trees. She noted the Town is guilty of apparently not having a procedure in place requiring the Forestry Officer to review any of the conditions previously imposed on a property.

On October 27, 2004, the Town Board held a public hearing on proposed legislation that would prohibit the creation of future flag lots. Ella Preiser told CGCA representatives that she urged the board not to adopt the proposed amendment as written. Although she endorsed the concept of prohibiting future flag lots, she worried that repeal of the existing flag lot legislation could result in unexpected ramifications. Robert Bernstein agreed and noted that if the existing unique legislation – requiring that a flag lot be twice the square footage of the underlying district – were repealed, in ten years it is possible there would be no institutional history and a property owner could subdivide the flag lot. He questioned what appeared to be sloppy draftsmanship. Carol Wielk asked if requirements regarding flag lots could be recorded on the deed. Mr. Bernstein said he didn’t know if any law required such recording.

William Greenawalt said he was concerned by questions raised by a property owner on Secor Road who spoke at the public hearing. Hal Samis reported he subsequently spoke to Planning Commissioner Mark Stellato who informed him that the Secor Road property owner had submitted plans to subdivide his property in 1988 but later abandoned the plan. Mrs. Preiser noted that since 1988, the Zoning Ordinance has prohibited the creation of flag lots along Secor Road. Mr. Bernstein said there were legitimate reasons to prohibit flag lots in congested areas.

Town Attorney Timothy Lewis said he remembered sitting at a CGCA meeting when the late David Kreiness argued for a code amendment prohibiting flag lots. Mr. Lewis said that the Town Attorney’s office did put forth effort to amend the law, and it was difficult to watch members of the public attack the proposed amendments at the public hearing. Mr. Bernstein suggested that part of the problem is the Town’s reluctance to release proposed legislation in advance. He suggested posting proposed amendments on the Town’s website. Madelon O’Shea agreed that members of the public should not be expected to read and digest proposed legislation that has been crafted hours (or even minutes) before a public meeting. Councilman Steve Bass noted a public hearing is the proper place to hear all comments and said that it is not a bad thing for members of the public to criticize proposed legislation at the hearing. He agreed that adequate advance notice should be given. The Town will continue the public hearing on the proposed flag lot amendments on December 8, 2004.

Ella Preiser reported on the joint meeting between the CGCA and the Library Board held on November 4, 2004. She said many of the residents attending the meeting found it informative and a positive first step in making information available to the public. She noted the plans presented were very preliminary and called for using the entire existing site, but no information was available about the steps needed to acquire the old Town Hall portion of the property. The former Town Hall building would serve as a library during the expansion/renovation. The building would then be demolished and the property would be used for additional parking and open space. Copies were circulated of an article about the meeting entitled, "$19M expansion proposed for Greenburgh Library," by David Gottlieb in The Scarsdale Inquirer on November 12, 2004.

Mrs. Preiser noted that Library Director Demita Gerber attended today’s (11/16/04) Town Board work session and advised that the Library Board is in the process of engaging a pre-construction manager to oversee the process of planning a public referendum on the proposed expansion/renovation. At least forty-five days are necessary to prepare a ballot. At the work session, Mrs. Gerber distributed copies of a mailing the Library is planning to send to residents announcing a community meeting on the project on Tuesday, November 23, 2004, at the Library. CGCA representatives voiced concerns about the short notice being given and about scheduling a meeting only two days before Thanksgiving.

Robert Bernstein mentioned that the Library Board was supposed to evaluate alternative sites. It was noted that Library Board Vice President Ginger Grant stated at the November 4 meeting that the board was looking at a site on the School for the Deaf property on Knollwood Road. Mr. Bernstein stated that he has heard independently that the old Town Hall site is worth a considerable amount of money. He noted the property is owned by taxpayers Townwide – in both Unincorporated Greenburgh and in the six Villages. A discussion took place about the difference between the "A" budget (Townwide) and the "B" budget (Town Outside – i.e., Unincorporated Greenburgh, not including the Villages.) It may be necessary for "B" budget taxpayers to buy the Villages’ share of the value of the property – approximately 45% of the total "A" budget value. For example, if the property sold for $2.8 million, Unincorporated taxpayers would be required to pay to the "A" budget 45% of the cost – approximately $1.26 million. Mr. Bernstein noted that many people in Edgemont use the Scarsdale Library and some residents are beginning to question the wisdom of spending large sums of money for a Library expansion on the existing site. He noted the cost of buying the land would add to the cost of the expansion. Thelma Washington said she spoke to Supervisor Paul Feiner and Gerry Iagallo months ago and they acknowledged the site is valuable. She indicated she wants the expansion to occur at the existing site because it is easily accessible. She said she does not see the point of spending money to look at other sites. Mr. Bernstein noted that at the end of the day the existing site may be best, but it is necessary to do a cost/benefit analysis. He said an appraisal is needed and costs for building on alternate sites should be explored.

Mr. Bernstein commented that Ossining residents supported a referendum to build a $16 million new Library because officials campaigned for it. He noted the Greenburgh referendum would fail if the Town Board does not enthusiastically support it. He questioned whether Supervisor Paul Feiner was willing to spend the "political capital" needed to support the tax increase necessary for the expansion.

Hal Samis said he thought the meeting on November 4 was just a show for people without much knowledge. He suggested that the Library Board and the professional PR firm the board hired understood little about the politics in Greenburgh. He noted they have not done "due diligence" regarding the process of acquiring the old Town Hall site and there has been no appraisal to determine what the land is worth. The projected $19 million estimate is for a building erected in 2007 and does not include cost for the land. He reminded that the architect has been working without a survey. Mr. Samis questioned whether the proposed mezzanine level was a way to have an atrium, a proposal several residents have rejected as being too expensive. He suggested looking at an expanded footprint and an entire third floor. He said he favored an expansion and expressed concerns that Supervisor Feiner will want to keep taxing power for his pet projects and will convince voters to vote against the referendum.

Ella Preiser reported that at the work session on November 9, 2004, Supervisor Paul Feiner announced his latest plan for a cable access television studio – one half of the vacant space on the second floor of 177 Hillside Avenue above the Town Clerk’s office. Mr. Feiner wants to lease the other half of the space to AT&T Credit Union. He said Cable Director George Malone had no problems with the proposal. However, when Mr. Malone was called into the work session, he made it clear that the electrical wiring upstairs was inadequate, and it would be necessary to provide room-darkening covers for the windows.

Thelma Washington reminded CGCA representatives that the community was promised a state-of-the-art studio in the new Town Hall. She indicated Mr. Malone’s willingness to "make do" shouldn’t be the determining factor. Madelon O’Shea noted there needs to be after-hours public access at a studio. She questioned the practicality of putting the studio on the second floor. Councilman Steve Bass agreed the second floor was problematic. He said there is an easier solution downstairs, but Mr. Feiner is unwilling to move a few employees. Ms. Washington suggested the four Town Council members represent a majority on the Town Board and could outvote Mr. Feiner. Mr. Bass indicated the issue would be discussed again when Town Clerk Alfreda Williams returns from vacation.

Ella Preiser reported that at the Town Board work session on November 9, 2004, representatives from the AT&T Credit Union presented a plan to lease one half of the vacant space on the second floor of 177 Hillside Avenue. Last January, the credit union was negotiating to rent the entire space. The representatives said the credit union wanted to get involved with the community and would contribute $5.00 to the Greenburgh Nature Center for each new member joining the credit union. Under its present charter, only Greenburgh residents could become members, but the credit union has applied to have its charter changed and expects approval will be granted by the end of the year.

Hal Samis questioned whether a new Request for Proposal (RFP) should be issued regarding rental of the space at Town Hall. He noted that the Town sent out an RFP last year for a three-year lease of 2,500 square feet. He said if the terms are for a different lease period or a different amount of space, a new RFP should be issued. He noted that Supervisor Feiner has publicly favored renting space to a credit union since the Town was considering buying 150 Hillside Avenue in 2001. Mr. Samis questioned the credit union’s continuing interest in renting space at the building considering the need to limit operation to Town Hall hours and the expense of special needs such as a vault and security. He asked the Town Attorney to look into whether a new RFP must be issued.

At the Town Board meeting on November 10, 2004, the company wishing to sell "wind power" to Greenburgh made a presentation. Supervisor Paul Feiner has proposed that the Town purchase 3% of its total electrical energy needs from a for-profit company, Community Energy, Inc. The company would provide energy produced by wind turbines at an additional cost over what the Town currently spends for electricity. Councilman Steve Bass raised questions about whether such a proposal was legal. Under state law, a municipality must purchase energy from the lowest bidder. Councilwomen Eddie Mae Barnes, Diana Juettner and Timmy Weinberg agreed with Mr. Bass that further investigation regarding the legal issue was necessary before a vote can be taken. The board will reconsider the matter at its meeting on January 12, 2005.

Based on the vote taken at the CGCA meeting on October 19, 2004, Madelon O’Shea wrote to Westchester County District Attorney Jeanine Pirro, calling for an investigation of whether any laws were broken in connection with Supervisor Paul Feiner’s political fundraising. Copies of the letter were distributed to CGCA representatives in attendance. Copies were also circulated of an article entitled "40 civic groups ask Pirro to investigate G’burgh supervisor," by Laurie Sullivan in The Scarsdale Inquirer on November 12, 2004.

Mrs. O’Shea reported that a strong supporter of Mr. Feiner has voiced objections that the Edgemont Association endorsed the Edgemont Community Council’s decision to send a letter to District Attorney Pirro regarding Mr. Feiner’s fundraising activities. She noted a spirited discussion would likely occur at the next ECC meeting.

"Operation Support our Troops" Seeks Donations. Madelon O’Shea reported that the Edgemont/Scarsdale chapter of "Operation Support our Troops" is collecting items for holiday packages to ship to members of the armed forces. A list of most appreciated items was circulated. The contact person is Susan Cioffi at 723-8599.

Town Board Declares Lead Agency Status re Church Expansion. At its meeting on October 27, 2004, the Town Board declared itself Lead Agency under SEQRA regarding the Union Baptist Church’s proposal to expand its sanctuary and administrative building on Manhattan Avenue.

Westchester View Lane. At its work session on November 3, 2004, the Planning Board discussed a letter from the attorney for the owners of property at 65 Westchester View Lane who wish to construct a sunroom and a fence in the buffer area on the property. The owners have been advised on a number of occasions in the past that the Planning Board’s position has been there must be no intrusion into the buffer. The Planning Board voted to once again inform the owner "the buffer must remain in its natural state." In November 2002, the owners illegally cut down trees in the buffer. After several court appearances, the owners agreed to deposit $18,500 in an escrow account with the Town as penalties and to restore the buffer.

Nature Center Seeks Additional Funds. Ella Preiser noted that at today’s (11/16/04) work session, Greenburgh Nature Center Director Bill Lawyer requested that the Town approve an additional $2,500 in the 2005 Town budget. He pointed out that last year several members of the community urged the Town to provide additional funding rather than permit alcohol at fundraisers at the Nature Center.

Pizza Hut Seeks Special Permit to Relocate. Madelon O’Shea reported that the Planning Board will be holding a public hearing on the proposal to relocate the Pizza Hut restaurant in the Midway Shopping Center at tomorrow’s (11/17/04) meeting. She noted Midway Shopping Center is also seeking amended site plan approval for a reconfigured parking lot. There are plans to close exit/entrances on Central Avenue and Ardsley Road. She said it is unclear if there are sufficient parking spaces.

Site Plan Approved for Losco Office Building. At its meeting on November 3, 2004, the Planning Board granted site plan approval for construction of a two-story, 18,180 square foot office building at 611 West Hartsdale Avenue, near the intersection with Dobbs Ferry Road. The Planning Board required the applicant to put up "Do Not Block the Intersection" and "No Left Turn" signs.

New Exit/Entrance Sought on Underhill Road. Madelon O’Shea noted that at its meeting tomorrow (11/17/04), the Planning Board will hold a Public Hearing on the request by Scarsdale Country Estates to construct a 1,100 square foot drop-off/loading area in front of the Cambridge building on Underhill Road. She said that there are safety concerns since the proposed exit/entrance to the co-op is near a curve and less than 1,000 feet from Central Avenue.

Proposed Tree Amendments Still Under Discussion. In response to questions, Councilman Steve Bass advised that the Conservation Advisory Council is continuing to work on revisions to Chapter 260 (Trees). CGCA representatives suggested that proposed revisions be supplied to the community well in advance of any future public hearing. Ella Preiser said that at its work session on October 20, 2004, the Planning Board noted it was difficult to comment because two different proposals for amendments were offered for discussion. The Planning Board also expressed concern about the need to prohibit the Forestry Officer from changing conditions imposed by an approving board.

Gel-Sprain DEIS Discussion Begins. At its meeting on November 3, 2004, Planning Board members Fran McLaughlin, Stephanie Kavourias and Hugh Schwartz presented comments regarding the Draft Environmental Impact Statement for the 25-lot subdivision proposed along Ardsley Road, between Sprain Road and the Sprain Brook Parkway. A non-voting representative from the Village of Ardsley and two Unincorporated Greenburgh Ardsley Road residents participated. A discussion on whether the DEIS is complete and ready for circulation to the public will continue at the Planning Board meeting on December 1, 2004.

Town Meetings Archived on the Internet. At the Town Board meeting on November 10, 2004, a resolution was approved to enter into an agreement with Globix to place tapes of Greenburgh Town Board, Planning Board and Zoning Board of Appeals meetings on the Internet. The meetings will not be streamed live. Approximately four to six months’ worth of meetings will be archived.

Vacany to Occur on Planning Board. Current Planning Board member James Hubert won the November election and will be sworn in as a Greenburgh Town Justice, effective January 1, 2005. Carol Wielk asked if the Town Board had discussed filling the vacancy his resignation would create on the Planning Board. Councilman Steve Bass indicated that the Town Board had not discussed a replacement.