COUNCIL OF GREENBURGH CIVIC ASSOCIATIONS
Minutes of Meeting – November 19, 2002
The Council of Greenburgh Civic Associations seeks to provide information to and advance the common interests of member civic groups in important Town affairs. The following groups have paid year 2002 dues:
Ardsley Estates Civic Association
Babbitt Court Civic Association
Beaver Hill Association
Birchwood Civic Association
Broadview Civic Association
East Irvington Civic Association
Edgebrook Cooperative, Inc.
Fort Hill Association
Fulton Park Civic Association
Granada Condominium III Association
Greenridge Association
Hartsdale Highlands Civic Assoc.
Hillcrest Park-Ardsley Civic Association
Hillside Wyndover Civic Association
Hilltop Farms Civic Association
Homestead Owners Corp.
Juniper Hill Civic Association
Knollwood Manor Civic Association
Knollwood Neighborhood Association
Lower Manor Woods Neighborhood Association
Mayfair-Knollwood Civic Association
North Elmsford Civic Association
Northern Greenville Association
Orchard Hill Civic Association
Parkway Homes Civic Association
Poet’s Corner Civic Association
Rex Ridge Apartment Corp.
Secor Homes Civic Association, Inc.
Southern Greenville Association
Stone Oaks Condominium
The Colony at Hartsdale
The Cotswold Association, Inc.
The Edgemont Association
The Sprain Road Association
Washington Avenue Civic Association
Westchester Hills Condominium
Winding Road Farm Association
Woodhill Civic Association
Thirty-nine (39) civic groups have paid dues for the year 2002 – an all time high. There is $756.94 in the treasury.
The November 19, 2002, CGCA meeting was held at the Theodore D. Young Community Center. Vice Chairperson Cleo Oliver chaired the meeting
The October 15, 2002, CGCA meeting minutes, which had been mailed to CGCA representatives with notice of tonight’s meeting, were approved with one correction. Elinore Gordon noted that the word "Procrastinate" was incorrectly spelled in the heading on page 6
Welcomed to their first CGCA meeting: Barbara Alleyne from Hillside-Wyndover, Bob DelBello from Winding Ridge, and Richard Sperandeo from Stone Oaks. County Legislator Tom Abinanti also stopped by near the end of the meeting
WESTCHESTER VIEW LANE BUFFER ZONE DESTROYED
Carol Wielk, President of the Secor Homes CA, informed CGCA members that between 9 and 11 a.m. on Saturday, November 2, workers cut down numerous trees and other vegetation, destroying the buffer area at 65 Westchester View Lane, in violation of Planning Board resolutions that clearly spelled out that the buffer must be maintained in its natural state. Ms. Wielk called the police and also called Councilman Steve Bass, who called Building Inspector John Lucido and asked him to visit the site. Mr. Lucido ordered the workers to stop the destruction, but after he left another tree was cut down and the police were called again. Francis Sheehan videotaped some of the activities
Ms. Wielk noted that, in addition to the police, Councilman Bass and Mr. Lucido, other Town officials subsequently visited the site and witnessed the destruction, including: Supervisor Paul Feiner, Councilwoman Eddie Mae Barnes, Deputy Town Attorney Janet Insardi, Town Prosecutor Timothy Lewis, Planning Commissioner Mark Stellato, Town Engineer Michael McGarvey, and Deputy Building Inspector Anthony Zacarolli. Town officials counted 16 mature trees and 11 smaller trees that were destroyed. Individual summons will be issued. The case was in court on November 7 and will return to court on December 5
It was noted that the owners of the property were fully aware of the Planning Board’s condition calling for this buffer to remain in its natural state. Ms. Wielk distributed to CGCA members copies of a February 1, 2002, letter from the Building Inspector to the "attorney" for the new homeowners. The letter clearly outlined the Planning Board’s restrictions regarding the buffer area.
At its November 6 work session, the Planning Board discussed the destruction of the buffer and agreed that the destruction seriously contravened its previous resolutions. The Planning Board directed that a resolution be drafted asking for Town Board approval to hire a landscape consultant, at the homeowner’s expense, to assess the damage and prepare a plan to restore the buffer area
CGCA members discussed this issue and agreed that the willful destruction of the buffer area, in violation of previous Planning Board resolutions, undermines the authority of Town government. CGCA members present unanimously passed a resolution in support of the Planning Board’s proposed action and requested that Ella Preiser convey the resolution to the Planning Board.
EVENING/WEEKEND ZONING ENFORCEMENT POLICY DISCUSSED
CGCA members questioned what is the procedure for reporting violations of conditions imposed by the various boards that issue approval for developments. It was noted that the Building Inspector usually is the enforcement officer, but the Building Department is closed after 5 p.m. weekdays and on weekends and holidays, and waiting to report a violation until regular office hours could potentially have irreparable ramifications. The Police Department functions 24 hours a day, seven days a week; however, it is unlikely that police officers are well versed in how to deal with violations of the Zoning Ordinance. Police also would not have knowledge about or access to specific conditions that were imposed when site plan, subdivision, special permit or variance approvals were granted. David Kreiness suggested that residents should contact the police if violations occur when the Building Department is closed, but the police should have someone they can contact who will respond from the Building Department.
ECC SPONSORS MEETING ON MIDWAY SHOPPING CENTER EXPANSION
David Kreiness reported that the Edgemont Community Council (ECC) sponsored a meeting last night regarding the proposal to expand the Midway Shopping Center. At the meeting, the owners and their consultants presented the proposed plan for expansion and upgrading of the shopping center, and Mr. Kreiness, on behalf of the ECC, and Arnold Laubich, the Deputy Town Supervisor for this project, outlined the community’s concerns. Approximately 100 Edgemont residents attended the meeting and numerous residents commented about traffic, safety (two elementary schools are in close proximity), drainage, and the fact the owners have done little to upgrade the shopping center during the last 50 years. Residents agreed the shopping center should be modernized with new facades, lighting, landscaping, parking, and driveways; however, residents were not comfortable with the proposed expansion. The shopping center currently is nonconforming and has approximately three times the square footage that would be permitted under today’s Zoning Ordinance. The owners claim they will give up the right to use the basement as retail selling space and may not need a variance. Residents do not trust that the basement will be abandoned permanently as selling space and believe a number of variances would be necessary for any expansion of the nonconforming existing buildings.
Mr. Kreiness told CGCA members that the meeting was videotaped and will air on Channel 71 next Monday, November 25, at 10 p.m. He also noted that additional community meetings will be scheduled.
WESTHELP HOMELESS SHELTER AGREEMENT MAY BE IN JEOPARDY
Alice Moroney reported that the agreement the Mayfair Knollwood CA worked out earlier this year and the Town of Greenburgh signed regarding extension of the WestHELP homeless shelter lease has not been finalized. As part of the negotiations, Westchester County agreed that only 149 homeless residents would be sheltered on the Grasslands Reservation because of area residents’ concerns that 55% of the county’s homeless population is sheltered within a two-mile radius. The county is now including 36 more residents – saying they were always there – in addition to the 149 beds agreed to by the community. The new figure includes 19 sick and frail individuals currently in the hospital, 12 chronic runaways that no other agency will take, and five children transitioning out of foster care. The County insists no new beds have been added and the number has not changed. The Mayfair-Knollwood CA had agreed that a total number of 149 persons would be sheltered at Grasslands and the 36 beds should have been included in the 149 figure. Ms. Moroney noted it is unclear how this issue will be resolved.
TOWN FAILS TO ADDRESS HAZARDOUS LEAF PILES IN THE STREET
Barbara Alleyne asked if leaves had been collected in other areas. Elinore Gordon indicated that streets have been cleared in her area and leaves in cans and paper bags also have been collected. Ms. Alleyne noted that the Town provides leaf bags to homeowners, and many residents who cannot get to Town Hall during the day are unaware that they can have a neighbor pick up the bags (with a note). Several CGCA members noted that piles of leaves dot the streets in many areas of town, and local roads have been turned into single lane streets where drivers must zigzag around leaf piles.
Cleo Oliver mentioned that at the May 2002 Police/Community Advisory Commission meeting a discussion took place about the hazards to drivers and pedestrians when leaves are piled in the street. She noted that a letter had been sent to DPW Commissioner Al Regula about the problem but there had been no response. She indicated she would follow up on this matter. Ella Preiser recalled that Mr. Regula had discussed the Police/Community Advisory Commission’s concerns at a Town Board work session on May 14. At that time, Mr. Regula explained that it is a violation of the Sanitation Law to place leaves in the street, but enforcing the law was difficult because the enforcement officer must actually witness the person blowing/raking the leaves into the street. Mr. Regula suggested that the Town Board could consider amending either the Sanitation Law or the Streets and Sidewalks Law to deal with leaves in the streets. At the work session, Supervisor Feiner stated that if the law was amended, he wanted a year’s grace period before the law was enforced. The Town Board agreed to look into amending the law(s), but there has been no further discussion.
"TRIAL" GARBAGE PICKUP CUTBACK TO CONTINUE
Barbara Alleyne indicated that she is unhappy with the current once-a-week garbage collection during holiday weeks; she would like the twice-a-week schedule restored. Ella Preiser mentioned that many residents still aren’t aware of the schedule and unattractive garbage cans sit at the curb for days throughout the Town during holiday weeks. Ms. Alleyne noted that she called DPW and was informed that it is illegal to place garbage receptacles at the curb more than 12 hours before a pickup. Elinore Gordon suggested residents are to blame; she noted the town sent out cards and put the collection schedule in the recreation guide. Several CGCA members agreed that the printed card was not easy to read and further education and enforcement have been minimal. Tim Lewis noted that the Town has two outstanding summons issued to residents for putting out garbage on the wrong day and the fine is substantial. Ms. Preiser suggested that educating residents, not imposing fines, should be the goals. She noted that placing "Oops" notices on plastic bags resulted in residents properly disposing of yard waste.
Francis Sheehan mentioned his concerns about the process. The Town claimed it wanted to hear from the public. The public spoke loudly and clearly that it wanted twice-a-week garbage collection to continue. The Town did not listen but printed and mailed out the new schedule, claiming it was being implemented on a trial basis. Ms. Preiser reported that last week she heard that the Town would issue a report at the end of the year. Mr. Sheehan indicated that by delaying the report, the Town will delay a decision and continue the trial schedule for another year. He suggested that the cutting back on services is the result of so much development in the town and an unwillingness to hire additional staff.
CGCA RECOMMENDS CHANGES TO ELECTION BOUNDARIES, POLLING PLACES AND TRAINING
Mary Tobias informed CGCA members about problems on Election Day in voting district #68. On June 12 of this year, the Town Board approved district line changes that reassigned hundreds of voters in the Payne Street area (formerly ED #29) to district #68. The new ED #68 has more than 1100 voters. Residents who for decades had walked to and voted at the Pump House in their neighborhood now had to drive or obtain transportation to Westchester Hills Condominium Recreation Hall to vote. Many residents learned of the change when they were turned away from their former polling place. The Rec Hall was not easy to find in the center of the complex, parking was a problem and some residents found they had to wait in long lines to vote in a specified machine based on their surnames.
Elinore Gordon and Cleo Oliver reported problems that occurred in ED #63 on Election Day. The polling place for ED #63 used to be at the telephone company building but has been moved to the Greenburgh Court House. Voters experienced inadequate/inconvenient parking. Police initially would not allow voters to park in the police station/court parking lot and some voters were issued parking tickets. Voters who parked legally in the lower lot, near Route 119, had to climb the steeply sloped property and deal with steps or a long ramp to reach the Court House entrance. This was difficult for elderly and handicapped voters and even more difficult and dangerous after dark. In addition, in violation of New York State Election Law, election workers prohibited a resident who recently underwent eye surgery from obtaining assistance from his spouse.
CGCA members were troubled to learn of these problems which serve as disincentives to those wishing to vote. Recommendations to alleviate the problems were discussed, including splitting ED #68 into two districts, considering another polling site for ED #63, and better training of election workers. CGCA members passed a resolution asking Ella Preiser to convey these concerns and recommendations to the Town Board.
AVALON GREEN II ADVISORY COMMITTEE TO MODIFY RECOMMENDATIONS
Danny Gold reported that the Inter-Municipal Advisory Committee for Avalon Green II that he chairs met at 5:30 p.m. today and will modify its earlier recommendations regarding proposed development of the Nob Hill site. Originally the Committee discussed recommending that the owners be given approval to build 200 residential units, and a second phase of another 200 units if there are no serious environmental impacts. The Committee does not feel it can justify these numbers and will recommend a reduced, but unspecified, number. The developer originally sought approval to build 794 residential units but later offered a "compromise" of 444 units initially and another 200 units in a second phase if the community determined that proposed road improvements were sufficient.
Mr. Gold noted that the Committee would not be addressing the $3 million toward the purchase of open space the developer offered with the compromise. The Committee will recommend that the developer pay additional monies for street-scaping in the Village of Elmsford and the usual escrow fees.
BUILDING PERMIT FEES INCREASE AGAIN
Ella Preiser reported that the Town plans to increase the fees for building permits – from $50 to $55 for the permit, and from $10 to $11 per thousand cost of construction at the November 26 Town Board meeting. This would be the second increase in six months. On May 8, 2002, the Town increased building permit fees – from $40 to $50 for the permit, and from $7 to $10 per thousand of estimated construction cost. Part of the increase in fees would be used to promote energy conservation.
Mrs. Preiser noted that Dan Rosenblum from the Pace University Energy Project attended today’s Town Board work session to discuss a proposed contract with the Town. For $25,000–$30,000 during the first year, Pace would provide a part-time person to work with NYSERDA and other groups and do community outreach. Home audits would be encouraged and grant money would be sought.
TOWN BOARD TO "NEG DEC" NEW TOWN HALL
Ella Preiser reported that Michael Zarin, an attorney, and Richard Maris, a traffic engineer, hired by the Town Board for the acquisition of 177 Hillside Avenue, attended today’s Town Board work session and presented board members with small packet of SEQRA documents. The consultants indicated that use of the building at 177 Hillside would result in no negative environmental impact. The Town Board will issue a "Negative Declaration" under SEQRA at the November 26 meeting before it votes to acquire the property. Mr. Zarin indicated that separate SEQRA review must be undertaken if the Town plans to lease any of the space for a day care center or other similar uses. Mr. Zarin stated that he would look over the documents to determine if they could be released to the public.
TOWN HALL/LIBRARY COST ESTIMATES DISCUSSED
Mrs. Preiser noted that other information was presented at today’s work session. Town Assessor Gerry Iagallo noted that the 177 Hillside Avenue building measures 48,000 square feet outside and approximately 47,000 square feet inside. There are 178 parking spaces. The traffic consultant estimates 100 parking spaces are required for Town Hall needs. Town Comptroller Norah McAvoy stated the town has 84 employees and provided estimates of tax consequences regarding the $7.9 million costs to purchase and renovate the building. The average resident Town-wide with a home assessed at $15,000 would pay an additional $16.92 the first year. Ms. McAvoy was hesitant to quote figures for the Library expansion since plans are not available, but noted if the bond was for $10 million, the additional cost to an Unincorporated area homeowner assessed at $15,000 would be $38.33 the first year.
Bob DelBello noted that speed and lack of information regarding the proposed acquisition of 177 Hillside Avenue were of concern to him. Other CGCA members concurred. He mentioned that he spent several hours with Supervisor Feiner discussing the purchase of 177 Hillside Avenue and also spent time today with Library Director Demita Gerber. He noted the library wants a 30,000 square foot addition and costs would be approximately $300 per square foot or $9 million.
TOWN PROLONGS CONTROL OF PUBLIC ACCESS CABLE TELEVISION
Ella Preiser reported that she learned at the November 12 work session from Councilman Steve Bass that the Cable Advisory Board (CAB) would be touring the new cable studio and holding a meeting that night. She and Francis Sheehan toured the studio, which was leased September 15 but is not ready to open. Walls were painted part black and part white. CAB members suggested they should be repainted with special paint. Carpeting was to be installed on November 8.
Mrs. Preiser noted that following the tour, the CAB held a meeting in the Town Clerk’s office that was attended part of the time by Councilman Bass and part of the time by Supervisor Paul Feiner. At Mr. Feiner’s request, the CAB recommended an interim governing board for a year rather than a truly independent board. The interim board was to be composed of two members chosen by the Town Board, two members chosen by the CAB and a 5th member chosen by the cable membership. At the meeting, Mr. Feiner indicated he wanted the current CAB members to serve as the interim board. On November 26, the Town Board plans to adopt the Policies and Procedures recommended by the CAB, and on December 11, the Town Board plans to appoint an interim governing board for cable. An "Open House" is to take place at the studio in early December.
Mrs. Preiser noted that the Town Board work session agenda for today stated a discussion would take place regarding cable procedures. None occurred. Francis Sheehan mentioned the 2003 budget states that $29,000 is allocated for renting the cable studio. Since the Comptroller’s office is using part of the studio space for storage, he questioned why the cable budget was being charged for most of the rent. He learned the Comptroller’s budget would only be charged the same amount currently being paid to rent a significantly smaller storage space at Westy’s. The Town appears willing to use the cable budget to subsidize the Comptroller’s storage needs.
PROPOSED COUNTY SALES TAX INCREASE DISCUSSED
Francis Sheehan reported that at today’s work session, some members of the Town Board considered supporting the proposed "1%" increase in the County sales tax, because of the projected $1.5 million increase in revenue to Greenburgh. Mr. Sheehan informed CGCA members of the following problems with this proposed increase. (1) A sales tax is an extremely regressive tax, falling hardest on those who can least afford it. (2) The County currently collects 2.5% and is requesting an increase to 3.5%. The proposed increase is not 1%, but a 40% increase. (3) The proposed increase is extremely discriminatory, as it would not apply to Mount Vernon, New Rochelle, Yonkers or White Plains. Taxes raised in the towns and villages would pay for county-wide services and would, in effect, subsidize city residents and keep their property taxes lower. (4) Property tax can be offset on an income tax return, sales tax cannot.
County Legislator Tom Abinanti joined the CGCA meeting and explained his reasons for opposing an increase in the County sales tax. He reiterated and expanded upon Mr. Sheehan’s earlier comments. Mr. Abinanti emphasized the unfairness of the proposed increase on town/village homeowners, renters, lower and moderate income families, and businesses. He noted that 10 of the 17 members of the County Board of Legislators had endorsed County Executive Andrew Spano’s proposal to ask the state legislature to approve the sales tax hike. He stressed that there is no provision in the board’s resolution that requires sharing the increased revenue with local municipalities/school districts.
Francis Sheehan asked if CGCA members would be willing to support a resolution opposing the proposed increase in the sales tax. Danny Gold suggested that we not oppose a tax increase, per se, since there is a deficit that must be addressed. He noted it is this particular proposal this is troubling, and he urged that all alternatives be explored. Elinore Gordon stated that an increase in the property tax would be fairer since it also would be imposed on people in the four cities. CGCA members passed a resolution urging elected officials to explore alternatives to the proposed sales tax increase in addressing the County’s budget deficit.
MISCELLANEOUS
Prospero Nursery, Knollwood Road Needs Waiver. The Public Hearing on the owner’s request for a waiver from the Moratorium Law has been adjourned to December 5. The owners demolished a shed and built a larger shed on their property. The Building Inspector determined a use variance was required and denied the owners’ request for a building permit. The owners plan to appeal the Building Inspector’s decision to the ZBA but first must obtain a waiver from the Moratorium Law.
Court Case Adjourned. Tim Lewis reported that the trial date for the developer, Trion LLC, who caused environmental damage in East Irvington last year, originally scheduled for November 7, has been postponed to November 21. Town Engineer Michael McGarvey will appear as a witness. Apparently photographs that were taken of the damage and presented to the Town have not been found.
East Hartsdale Avenue Resident Suggests Holiday Celebration. Deborah Bloom reported that one of the members of the co-op board at 180 East Hartsdale Avenue has contacted Supervisor Paul Feiner and suggested a tree and menorah ceremony as a community-building exercise.
Planning Board to Continue Review of TIF District. Ella Preiser reported that at today’s work session the Town Board agreed to extend the time period (an additional 60 days) for the Planning Board to review the Town’s proposal to expand the Route 9A Corridor Tax Increment Financing District to include the Babbitt Court area. At its October 16 meeting, the Planning Board was informed it was required to make its recommendation by October 25 (within 30 days from referral by the Town Board). The Planning Board asked for an extension to obtain/review other documents and noted that given the existing information it found no reason to expand the TIF district.
Trees to be Removed at Mohawk Day Camp. Cleo Oliver reported that she received a notice that the camp had received a tree removal permit. Any person has the right to appeal the issuance of the permit within ten days to the Town Board.
Village of Elmsford Proposes Sanitation Garage. Tim Lewis reported that North Elmsford CA residents and Village of Elmsford residents to the south are concerned about the village’s proposal to construct a sanitation garage for three trucks on property on Winthrop Avenue near the Route 287 bridge. The village says it needs the garage to extend the life of the vehicles and as an indoor place for repairs. The Winthrop Avenue site is in a residential area and neighbors are concerned about noise and property values. The village owns the property and has said it could make the site aesthetically pleasing.
Fulton Park Still Awaits Planting of Trees. Irene Zuck reported that the 100 trees promised by the DOT in connection with the Route 287, Exit 5 improvements, have not been planted. Ms. Zuck noted that area residents are also interested in having a buffer of trees planted at the rear of the Audi-Stickley furniture store to block out some of the light from the store.
Landmark/MSG File for Subdivision. Ella Preiser reported that the Planning Board at its November 6 meeting scheduled a public hearing for December 18 to consider an application to subdivide the Landmark at Eastview (formerly Keren, formerly Union Carbide) property on Old Saw Mill River Road. The applicant originally applied for subdivision along with site plan approval to build the Madison Square Garden training facility and additional laboratory space. The subdivision application was postponed while the Town considered steep slopes and wetlands legislation.
Planning Board Schedules "McMansion" Law Discussion. The Planning Board will hold a public discussion tomorrow (November 20) on the legislation proposed earlier this year by Councilman Steve Bass to establish floor area ratio limits in residential districts. A sample survey completed by the Planning Department indicated only a tiny percentage of existing homes would be made nonconforming by the proposed legislation. Also being considered are increased setbacks from side lot lines in the R-20, R-30 and R-40 residential districts.
Proposed Trader Joe’s – Marshall’s Shopping Center. Ella Preiser reported that Planning Commission Mark Stellato and Police Chief John Kapica have reviewed the Town’s traffic consultant’s latest study and agree that North Washington Avenue should be realigned to address the traffic that would result from an expansion at the shopping center. The ZBA had made a realignment of the street a condition of granting approval for the proposed Trader Joe’s store and an addition to the former Service Merchandise store. Some residents from the Colony object to the proposed realignment.
Supervisor Feiner Rushes to Give Volunteers Access to Closed Town Pool. Supervisor Feiner is rushing to pass legislation to give volunteer emergency workers who do not live in Unincorporated Greenburgh access to the Town pool, even though the pool will not be open for another six months. Councilman Steve Bass asked that the vote be put over to solicit comments from professional firefighters and to review the previous court decision regarding access to the facilities. Mr. Feiner issued an e-mail indicating his displeasure with the delay. Francis Sheehan told CGCA members he has concerns that Mr. Feiner is not doing anything to encourage volunteers in the Unincorporated area and has reached no inter-municipal agreement with the villages to allow firefighters in the Unincorporated area to use Village facilities.
Proposed Historic Preservation Law. Ella Preiser reported that the Planning Board continues to work on finalizing a proposed law that would help preserve Greenburgh’s heritage. Frank Jazzo, the Town’s Historian, has offered suggestions to improve the proposed law.
Overnight Street Parking Questioned. Barbara Alleyne noted that the Town is increasingly becoming overcrowded and overnight parking that is permitted on local streets during much of the year creates a dangerous situation in some areas.
Supervisor Feiner Explains His Exemption From His Three-Minute Rule. Ella Preiser reported that at today’s Town Board work session, Supervisor Paul Feiner announced that his speech teacher had told him that anyone could say whatever they want to say in three minutes. Mr. Feiner was asked why he needs more than three minutes when he speaks at meetings or on cable programs. He responded that he hadn’t yet graduated from his speech class!