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 2003 dues from the following civic groups:

Ardsley Estates 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.
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 Association
Longview Civic 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
Westchester Hills Condominium
Winding Road Farm Association
Woodhill Civic Association *

Thirty-nine civic groups have paid dues for the year 2003. There is $1,189.80 in the treasury. * (Six civic groups have prepaid dues for the year 2004.)

The November 18, 2003 meeting was held at the Theodore D. Young Community Center. Minutes of the September 16, 2003 meeting were approved. CGCA representatives extended birthday greetings to Irene Zuck and Ella Preiser and thanked Mrs. Zuck for the donation of paper.

Madelon O’Shea reported that she had sent an email to Supervisor Paul Feiner about the disrespect evident in his decision to schedule a special meeting to discuss the redevelopment of the old Town Hall site on the same night as a regularly scheduled CGCA meeting. Francis Sheehan stated that as soon as he received the draft agenda announcing the special meeting, he sent an email to Mr. Feiner about the conflicting date and suggested there was time to reschedule the special meeting. Mr. Feiner did not respond to Mr. Sheehan’s email. At the Town Board meeting on November 12, 2003, Mr. Sheehan and Ella Preiser both mentioned the lack of respect to the CGCA.

Bob Reninger attended the special meeting and afterwards stopped by the CGCA meeting to offer a brief report. He noted about 50 people attended the special meeting to hear presentations about the two proposals for the old Town Hall site. One developer proposes purchasing 3.8 acres of the property for $2,612,500 to construct 95 affordable senior housing units in a 112,000 square foot, 6-story building. The other developer proposes purchasing 3.5 acres for $2,750,000 to construct 82 senior assisted living units in a 65,000 square foot, 3-story building. Mr. Reninger stated that the Town Board expects to make a decision regarding the property at its January 28, 2004 meeting. He encouraged CGCA representatives to attend additional meetings planned for December 15, 2003 and January 12, 2004.

CGCA representatives expressed concern about the proposed changes to the Tree Ordinance that have been suggested by the Greenburgh Conservation Advisory Committee (CAC). It was agreed that there have been a number of problems regarding trees over the years and the ordinance should be amended. However, it was felt the proposed changes – requiring a permit to remove every tree, notification of neighbors and excessive fines – appear to be an overbroad response to the problem. CGCA representatives were informed that these were suggestions and the appropriate time to "weigh in" on this issue will be when the actual proposed amendments to the law are presented.

Ella Preiser reported that the Planning Board discussed the proposed revisions to the Town’s Tree Ordinance on November 5, 2003 and raised concerns about what it deemed over-regulation that could cause financial hardship to homeowners. The Planning Board unanimously agreed a permit should not be required to remove every tree and suggested lot size, tree size and tree species should be considered. Mrs. Preiser noted that the CAC was scheduled to meet with the Town Board, DPW Commissioner Al Regula, Town Engineer Michael McGarvey and Building Inspector John Lucido on November 12, 2003 to discuss the CAC’s suggestions. Because of time constraints the meeting was rescheduled for the Town Board work session on Tuesday, November 25, 2003.

Alice Moroney informed CGCA representatives that Grasslands Road is becoming industrialized. Con Edison will build an enormous plant on Grasslands Road in Mount Pleasant, directly across the street from Taylor Road residences in Greenburgh. Ms. Moroney has also learned that a DEIS will be prepared regarding construction of an ultraviolet disinfection water treatment facility along the side of Grasslands Road in Mount Pleasant to treat water from both the Catskill and Delaware systems. The Catskill Aqueduct connection actually will be on the Greenburgh side of Grasslands Road in a connection chamber that was erected 100 years ago. Because the proposed facilities will be upstream, the Town of Greenburgh would benefit by receiving disinfected water.

Ms. Moroney said the Town of Mount Pleasant did notify the Greenburgh Town Clerk, but Greenburgh residents living within 250 feet of these projects have not been noticed. She mentioned she will meet with Supervisor Feiner and will ask the Town Engineer to carefully review the proposed plans. She noted that the Greenburgh residents who live off of Grasslands Road are in a one-acre zoning district but have no sewers. They are concerned about additional noise and other problems from these industrial plants. Danny Gold suggested that Ms. Moroney ask Mr. Feiner to appoint her as a Deputy Supervisor.

CGCA representatives were troubled to learn that local residents had not received notice of these proposals. The CGCA voted to write a letter supporting area residents.

Madelon O’Shea stated that Edgemont residents continue to have concerns about sidewalks. Many residents want sidewalks for the convenience of children who walk to school and commuters who walk to trains/buses. However, concern has grown over the issue of whether the Town is confiscating property in its rush to install sidewalks. Without consulting the Edgemont School District, the Town installed a sidewalk from Central Avenue to Seely Place on what appears to be school property. Mrs. O’Shea also noted the Town recently placed a 24-inch wide path of macadam over what previously was an 18-inch wide footpath along Old Army Road. She said the property owners along Old Army Road own to the middle of the road, by deed. Easements were obtained in 1977 to put in the 18-inch footpath. The owner of one parcel would not grant the easement and the footpath was not placed on this property. It does not appear the Town sought easements for the 24-inch wide macadam path.

Ella Preiser noted that at today’s work session, DPW Commissioner Al Regula said money would be included in the budget to install a sidewalk along Fort Hill Road. He mentioned there is not enough public right-of-way along some properties, and land would have to be confiscated. CGCA representatives noted that sidewalks are a townwide issue. Concerns were raised about who is responsible for liability claims, ongoing maintenance and timely snow removal.

CGCA Calls for State-of-the-Art Cable Studio. Thelma Washington stated that the existing space designated as a studio at 177 Hillside Avenue is inadequate and the need for an appropriately sized studio must be addressed before all available space is taken. She asked the CGCA to support a formal resolution asking the Town Board to provide a state-of-the-art cable television studio in the new Town Hall. Ella Preiser said the "studio" space is little more than a closet and she has raised the issue of the need for additional space at the last two Town Board meetings. CGCA representatives noted the Town Board promised a studio at the new Town Hall, and it is unacceptable to claim there is insufficient room in a building that is more than three times the size of the old Town Hall. The CGCA voted unanimously to ask the Town Board to provide a state-of-the-art cable television studio at 177 Hillside Avenue.

Will Town Release Funds for Education Channel 77? In recent months, Supervisor Feiner has suggested that he wants to support educational cable access in the Town’s schools. It is unclear how Mr. Feiner will figure out a fair way to distribute money to the ten school districts that educate unincorporated Greenburgh young people. Mr. Sheehan mentioned he had heard that representatives from Central 7 and Edgemont school districts will attend the November 24, 2003 Town Board meeting to express their desire for funding for educational cable access. It was noted that during the campaign period, Mr. Feiner criticized the Edgemont School District for not televising its school board meetings. When told it was because the Town failed to provide funds for camera and equipment from the $400,000+ annual franchise fees and $50,000+ annual equipment fund the Town receives from Cablevision, Mr. Feiner said the school district should have televised its meetings anyway.

It was noted that the vote to issue bonds to pay for the Town’s share of acquiring Taxter Ridge as open space was adjourned from November 12, 2003 until the Town Board meeting on November 24, 2003. The Town Board had just obtained copies of the Option Agreement between the Trust for Public Land and the Unification Church, and Councilman Steve Bass requested time to review the documents before the vote. Supervisor Feiner said copies of the agreement would be available to the public.

Ella Preiser reported that today (11/18/03) the Town Clerk’s office gave her a copy of the Option Agreement. She informed the Town Clerk’s office that the documents were incomplete as the latest document was an unsigned agreement that expired on July 4, 2003. Danny Gold informed CGCA representatives that the Trust for Public Land actually exercised the option on July 30, 2003, and has five months to close on the property. [The next day, November 19, 2003, the Town Clerk’s office faxed Mrs. Preiser a copy of the document signed on July 30, 2003.]

Madelon O’Shea reported that many residents are concerned about the court decision, rendered on November 12, 2003, that dismissed the lawsuit brought by Robert Bernstein which questioned the Town’s intention to impose taxes on only unincorporated Greenburgh property owners to acquire, operate and maintain Taxter Ridge. The court did not consider the merits of the case but determined that Mr. Bernstein, as a property owner and taxpayer in unincorporated Greenburgh, lacked "standing" to bring the lawsuit. The decision also said that Mr. Bernstein lacked standing as a taxpayer because Supervisor Feiner was not planning to use "public funds for entirely illegal purposes." Mrs. O’Shea noted some people are suggesting that all areas of Town should incorporate as Villages since the judge found that unincorporated property owners lack standing to sue Town government. Some CGCA representatives were shocked to learn that taxpayers lack standing to sue unless misuse of funds is deemed "entirely" illegal.

Madelon O’Shea mentioned two proposed subdivisions in Edgemont that are before the Planning Board:

Ella Preiser reported that she asked Town Engineer Michael McGarvey about the status of the project to elevate homes in the Babbitt Court area off of Route 9A. The Federal Emergency Management Agency (FEMA) had approved funding to reimburse 75% of the cost of elevating 16 homes in the area to prevent flooding. However, the owners of only seven homes decided to take advantage of the grant. It appears that FEMA underestimated the costs for these seven homes. Bids from contractors have exceeded what FEMA approved. Mr. McGarvey said a meeting had been scheduled for next week with representatives from the State Emergency Management Office to discuss obtaining additional funding.

On a related matter, Mrs. Preiser noted that the homeowners on Babbitt Court and the businesses north of Elmsford have been lucky this year. Although there has been an abundance of rain, including several heavy downpours, no one has experienced any serious flood damage.

Ella Preiser reported that approximately 75 people attended a meeting last night (11/17/03) regarding the five partially constructed houses on Kathwood Road. Supervisor Feiner "chaired" the meeting he arranged because neighbors in the Orchard Hill area have complained about the eyesores created by these abandoned houses. At the meeting Town Attorney Susan Mancuso provided a brief history of the problem. She noted that the unfinished houses have not been deemed dangerous so the Town cannot demand their removal. Mr. Feiner outlined what he wanted to happen. The attorney for the Orchard Hill neighbors spoke, followed by the attorney for the developers. Everything went down hill from there with numerous conversations taking place at the same time and people shouting at each other to "sit down, shut up." One new resident in Orchard Hill received a round of applause when he stated he had seen student government organizations run better meetings. He told Mr. Feiner: "Don’t be the meeting, run it." Various people, representing both sides of the issue, spoke but were often less than civil to each other. Side conversations continued because there was no lecturn, no microphone, and no order imposed. Mr. Feiner continued to dominate the meeting, insisting that the problem could be solved if three people from each side met with him in the back room and worked out a solution. Previously he mentioned ignoring the "legal crap."

Mrs. Preiser told CGCA representatives that Mr. Feiner cannot "problem solve" this issue and should listen to the Town Attorney. A court has ordered the developers to obtain Planning Board approval. All court appeals have been exhausted. The developers must follow the court-ordered legal process and furnish the information requested by the Planning Board if they want to finish building the houses.

CGCA representatives were reminded that on Thursday (11/20/03) the ZBA will hear the Sam’s Club request for an interpretation. The applicant agrees a gasoline station is a prohibited principal use in the DS zoning district but argues that a "fueling station" should be permitted as an accessory use. Tim Lewis asked why a gasoline station would not be in the best interest of the Town since Sam’s Club could sell fuel at a cheaper price. A number of site specific concerns were cited, including the additional traffic that would be generated, the impact on other local gasoline stations and the environmental impact of locating a gasoline station between an open storm drain and the Saw Mill River. All of these concerns will be raised if an application is filed for site plan approval. However, it was noted that the issue currently before the ZBA is the integrity of the Zoning Ordinance. All zoning districts throughout the Town could be negatively impacted if prohibited principal uses are permitted as accessory uses. The CGCA agreed to oppose the application before the ZBA.

It was noted that the Town Board is continuing its efforts to gain support for a proposed amendment to redefine the word "resubdivision" in the Town’s subdivision regulations. The Planning Board had unanimously voted to recommend against adoption of the amendment as written. On November 12, 2003, four members of the Planning Board (Chair Fran McLaughlin, Tom McNamara, Kevin Morgan and Hugh Schwartz) attended the Town Board’s work session to discuss their position. Ms. McLaughlin explained that the Planning Board had considered the amendment at three meetings over the summer and found it too narrow in scope. Instead the Planning Board suggested an expedited process for the review of applications involving simple lot line changes and also suggested that a recreation fee be collected for each new housing unit constructed.

At the work session, Town Attorney Susan Mancuso and Deputy Town Attorney Ed Lieberman explained to Planning Board members the Town is in an awkward legal situation. The Town lost two court cases – representing both sides of the issue – about when resubdivision is necessary. All appeals were exhausted on the first case. In January 2003 the Town appealed the judge’s decision in the second case but failed to "perfect" the appeal within the required six-month time period. The Town was granted two extensions and now has asked for a third extension to perfect the appeal. Thomas Abinanti, who won the lower court case, is opposing the granting of a third extension because his client faces financial hardship and the Town’s apparent inability to take action. The Planning Board members maintained their unanimous opposition to the proposed amendment and were unmoved by the explanations that the court case appeal would be moot if the proposed resubdivision definition was adopted.

CGCA representatives were updated on the continuing question of whether Councilman Steve Bass should recuse himself from discussions/votes on the proposed resubdivision amendment. Two weeks after Mr. Bass publicly stated he supported the Planning Board’s position rejecting the amendment, Councilwoman Timmy Weinberg told him he should recuse himself because he previously recused himself when Thomas Abinanti represented clients seeking waivers from the Moratorium Law before the Town Board. [Mr. Bass works with Mr. Abinanti at the Westchester County Board of Legislators.] At the Town Board’s request, the Town Attorney, who lost two court decisions on this subject to Mr. Abinanti, wrote to the Ethics Board. Based on her letter and without seeking any comment from Mr. Bass, the Ethics Board rendered an opinion that Mr. Bass should recuse himself. Mr. Bass then wrote to the Ethics Board. Without further explanation or even notifying Mr. Bass of its decision, the Ethics Board affirmed its original opinion.

It was noted that at the Town Board meeting on November 12, 2003, the Town Attorney revealed she had additional conversations with the Ethics Board chair about this matter; however, Mr. Bass had no equal access. A number of people spoke in support of Mr. Bass on this issue – Lois Bronz, Chair of the Westchester County Board of Legislators; Suzanne Berger, Chair of the Greenburgh Democratic Party; Mary Jane Shimsky, a Democratic Party district leader from the Village of Hastings-on-Hudson; Francis Sheehan and Ella Preiser.

CGCA representatives discussed the issue and unanimously passed a resolution (1) supporting Mr. Bass and urging him to vote on the resubdivision amendment unless there is a clearly defined provision of the law delineating otherwise, and (2) urging the Town Board to amend the Code of Ethics. The existing code requires the Town Board to request advisory opinions from the Ethics Board and includes no provision for members of the public to seek opinions.

Ella Preiser reported that at the November 12, 2003 Town Board meeting she questioned why Rohan Harrison was being reappointed to the Zoning Board of Appeals (ZBA) at that time. Councilwoman Timmy Weinberg replied the Town Board members had been discussing appointments for next year and discovered they had "obviously overlooked" reappointing Mr. Harrison whose term expired in December 2002. Mrs. Preiser told CGCA representatives that she was curious about whose term of office expired this year and obtained a membership list for Boards and Commissions from the Town Clerk’s office. The list reveals that the terms of Francis Sheehan will expire on December 31, 2003, on both the Antenna Review Board (ARB) and the ZBA.

Concern was expressed that Mr. Sheehan may endure the same treatment given some other well-qualified but outspoken community members in past years. In one case a reappointment was held up for months. It was noted that Town Clerk Alfreda Williams recently stated the Town Board’s policy is to re-interview board members after they serve two terms of office. This policy apparently is new. CGCA representatives noted that Mr. Sheehan is a dedicated volunteer who does his homework, makes site visits, is well versed in the code, and understands the cases before the boards on which he serves. The CGCA passed a resolution strongly urging the reappointment of Mr. Sheehan to both the ARB and ZBA.

CGCA representatives discussed the Town Board meeting of November 12, 2003 using such terms as "disrespectful," "a horror show," "a circus," "a disaster," and "embarrassing." Danny Gold noted when he served as school board president he would not tolerate such behavior. Francis Sheehan mentioned the Planning Board and ZBA have no such problems. Tim Lewis commented that while individual residents may be making valid points, their presentations may be counterproductive since the vast majority of the audience does not understand what is taking place. Ella Preiser said "respect" works both ways and noted that uncomfortable seating, no lectern and an audio system that prevents the public from hearing certain people (Councilwoman Weinberg, the Town Clerk and the Town Attorney) is disrespectful of the public. Madelon O’Shea noted Mr. Feiner’s lack of respect to David Kreiness.

Also disrespectful of the public at the 11/12/03 meeting were the ever changing "rules" that were announced at the beginning of the meeting and then applied differently depending on which member of the public wished to participate. Mr. Feiner gave certain speakers more than five minutes to speak. When Francis Sheehan tried to speak more than five minutes, Mr Feiner screamed, lunged at Mr. Sheehan in an unsuccessful attempt to grab the microphone and recessed the meeting twice. At a prior meeting, Mr. Feiner agreed members of the public could ask questions before votes on individual agenda items. Some residents were allowed to ask questions and receive answers. Other residents were ignored or told they were being disruptive. Mr. Feiner’s newest Deputy Supervisor shouted louder than others at the meeting and even tried to have some residents ejected by the police. The "after meeting meeting" was mainly a shouting match. Afterwards Mr. Feiner appeared to think using intimidation and police power was the way to obtain respect. He sent an email threatening to send a copy of the tape of the meeting to residents’ employers and questioned the Police Chief about hiring a sergeant-at-arms to eject disruptive members of the public.

Town to Rezone Residential Properties to Residential District. The Town Board has finally decided to address the issue of the two residential properties – 170 and 180 East Hartsdale Avenue – that were left in a commercial district when the Hartsdale Center zoning district was created in September 2001. The CGCA has called attention to this anomaly on numerous occasions over the past two years. On July 23, 2003, the Planning Board unanimously recommended the rezoning. On December 10, 2003, the Town Board will hold a public hearing on amending the zoning map and rezoning the properties to a residential zoning district