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 *

* Eleven civic groups have paid dues for the year 2004.

Thirty-nine civic groups paid dues for the year 2003. There is $1,153.18 in the treasury.

The December 16, 2003 meeting was held at the Theodore D. Young Community Center.

"Happy Birthday" greetings were extended to Deborah Bloom, Cleo Oliver and Carol Wielk.

CGCA representatives welcomed Demond Jarrett, Regional Coordinator with the office of New York State Senate Minority Leader David Patterson. Mr. Jarrett said he is one of several coordinators across the state who are meeting with elected officials, community groups, and individuals to obtain a clearer picture of local issues. Tim Lewis asked if there was a specific role that Senator Patterson wants to play. Mr. Jarrett replied the present goal is information gathering. He said Senator Patterson would be willing to partner with local groups to put together policies, programs or legislation to address problems.

Mr. Jarrett stayed throughout the CGCA meeting and took copious notes. He expressed interest in holding additional meetings with individuals or groups. Contact him by mail at 250 Broadway, Suite 1930, New York, NY, 10007; by telephone at (212) 298-5585; by fax at (212) 298-5605; or by e-mail at DJARRETT@NYSENATEDEMS.ORG.

Madelon O’Shea noted the CGCA had been contacted earlier in the fall about a meeting regarding the Tappan Zee Bridge, but plans for the meeting were cancelled. Bill Greenawalt said suggestions on widening/replacing the bridge have been narrowed to 15 options, which will be further refined. David Kreiness noted any decision regarding the bridge is important to Greenburgh because it will determine what gets built along the Route 287 corridor and the resulting traffic that will use ancillary Greenburgh streets to and from Route 287. Cleo Oliver commented on the impact Route 287 has on Route 119 traffic. Danny Gold noted that the addition of light rail in other areas has lessened traffic impacts.

Bob Reninger mentioned that it is difficult for local groups to get answers from the state DOT. Mr. Kreiness agreed and noted that when a sign was illegally posted on the state right of way in Edgemont, it took 15 months to get the sign removed. Mr. Reninger said when the Broadview CA filed a FOIL request to get information on DOT plans to fill in the underpass at the Knollwood Road and Route 119 intersection, the DOT claimed it was privileged information that could not be disclosed. Mr. Reninger said he would appreciate it if Mr. Jarrett could advise him of the proper contact person at the DOT.

Ella Preiser questioned how CGCA representatives felt about the proposed increase in the Westchester County sales tax. She noted the tax increase would not apply to the four large cities (Yonkers, White Plains, New Rochelle and Mount Vernon). She said it is inequitable to ask only town and village property owners to underwrite countywide programs. She mentioned that the cities are able to keep their property taxes lower by retaining and using 100% of city-imposed sales taxes. She noted almost all of the proposed tax increase on the towns and villages would go to the county. Since any increase in the sales tax requires legislation from Albany, she suggested that the state legislators, if they believe a sales tax increase is necessary, could just as easily lift the cap in the cities so a lower sales tax rate could be imposed on all. Demond Jarrett asked if she had contacted State Assemblyman Richard Brodsky who also opposes the proposed increase.

Bill Greenawalt said he did not want any tax increase but felt the sales tax increase on towns and villages is the sounder alternative because the county is in so much trouble. He noted that without the increased sales tax, county property taxes would have to go up tremendously for the second year in a row. He mentioned that Westchester’s sales tax is not as high as the sales tax in other counties, many of which were allowed to increase their caps recently. He stated that he understood the "unfairness" argument of only taxing towns and villages while exempting the four cities from the increase; however, he felt it was not as compelling as continuing to have adequate county programs for those in need and the ability to fund the mandates that come down from the state, such as Medicaid. He acknowledged that at last night’s Town Board meeting information was provided that showed White Plains property taxes are substantially lower than those for property of equal value in Greenburgh. He commented that Greenburgh doesn’t have the same amount of commercial property as White Plains.

David Kreiness noted that a sales tax is regressive in nature and most deeply impacts those who can least afford it. He suggested there should be a formula so a certain percentage of any increase would be applicable to the four cities as well. Mr. Jarrett indicated this debate is going on all across the county. He said some people see the proposed increase as a good thing, some see it as a necessary evil, and some feel there must be a more equitable way to share the burden.

Bob Reninger informed CGCA representatives he had been advised by the Town Clerk that Greenburgh would no longer accept Freedom of Information Law (FOIL) requests by e-mail. Mr. Reninger mentioned that e-mail is an accepted form of transmission of documents in both federal and state courts today. He noted that Robert Freeman, Executive Director of the Committee on Open Government, has taken the position that e-mail is an acceptable form of requesting documents under FOIL.

Bill Greenawalt stated that it does not appear to matter how FOIL requests are filed. He said he faxed a copy of a FOIL request to the Town Clerk’s office, as he was advised to do, but his request has been pending since August 2003.

Madelon O’Shea provided brief updates on three Edgemont cases before the Planning Board or ZBA:

Stern/Crane Pond on Mount Joy Avenue & Old Army Road. At the Planning Board public hearing on December 3, 2003, it was pointed out that some of the immediate neighbors were not sent legal notices about this application for a two-lot subdivision. Questions were also raised about the gravestones on the site. The applicant subsequently decided to withdraw the application. The homeowners have stated they will work to preserve the slave quarters on the site.

Silverstein/Castle Walk on Castle Walk (off of Fort Hill Road). At the Planning Board public hearing on December 3, 2003, several adjacent neighbors voiced concern about this application to subdivide a two-acre parcel into three lots, including one flag lot. Mrs. O’Shea urged the Planning Board to ask the Town Board to consider amending the Zoning Ordinance provisions regarding flag lots. The hearing will be continued at the Planning Board meeting on December 17, 2003.

Goldberg on Ferndale Road. On December 11, 2003, the ZBA opened the public hearing on a request for four variances to legalize an existing lot and structures for the purpose of subdividing the property to create a buildable lot. In 1999 the ZBA denied a variance to reduce the lot size. The hearing will continue at the ZBA meeting on January 16, 2004.

Bob Reninger reported that the Episcopal Church of St Francis and St. Martha on Tarrytown Road is before the ZBA for variances and it was discovered that there had not been compliance with conditions that were imposed when the church was previously granted variances. Mr. Reninger said there is a question about how to handle an application when the applicant hasn’t complied with previous conditions and the Building Inspector or Town Engineer overlooks the lack of compliance. Bill Greenawalt said he would not want an ironclad rule that one can’t get in the door if one hasn’t fulfilled previously imposed conditions. Mr. Reninger agreed, noting that mistakes can occur. However, he suggested that the public notice should include the fact that previous conditions were not fulfilled. Mr. Reninger commented that this church has a wonderful reputation for doing good work in the community.

Tim Lewis mentioned that he had no knowledge about this particular case; however, in the past the Building Inspector has expressed the opinion that the Planning Board and ZBA sometimes appear to impose conditions to placate people even though the conditions are unreasonable and/or unenforceable. For example, the Building Department does not work nights or weekends so it is questionable how to enforce a condition limiting hours of operation after 5 p.m. or on weekends. Ella Preiser suggested that the Building Inspector should communicate directly with the Planning Board and ZBA. It was noted that the Deputy Building Inspector is present at most ZBA meetings and could relay any concerns of the Building Inspector about conditions in ZBA decisions. David Kreiness agreed that the Building Inspector needs to be outspoken, before boards impose conditions. Mr. Kreiness noted that if conditions are not enforced, it is demeaning and negates the work of the boards and the public’s participation.

Residential Properties Finally Rezoned. The residential properties at 170 and 180 East Hartsdale Avenue were finally rezoned to a residential zoning district at the Town Board meeting on December 10, 2003. The CGCA had urged the Town Board to take this action for more than two years.

Former IGA Store Still Empty. Deborah Bloom noted that there has been no action at the former IGA store that reportedly was leased to Eckerd. Hal Samis questioned whether a lease had been signed.

CGCA representatives discussed the public hearing that was held last night (12/15/03) on the Town’s FEIS for the proposed Fortress Bible Church and School on Dobbs Ferry Road. There was agreement that the steep slopes on the property and the heavy traffic in the area make this property an inappropriate and dangerous site for a church and school. Given the negative comments in the Town’s FEIS, it is likely that the Town Board will deny the church’s request to proceed with the approval process. CGCA representatives discussed the fact that this application is already being litigated and the courts would probably have the final say. Deborah Bloom noted that recent court decisions have been a mixed bag – not uniformally favorable to churches.

Bob Reninger said he received an e-mail today from Blase Spinnozi, President of the Hilltop Farms Civic Association, regarding the FEIS for the Fortress Bible Church and School. The record will be kept open on the FEIS until December 26, 2003. Mr. Spinnozi expressed concerns that mail might not arrive in time because of the holidays and encouraged people to respond by e-mail.

Bob Reninger reported that two major article 78 proceedings have been filed against Greenburgh which challenge the "Comprehensive" Plan and related laws (steep slopes, wetlands, residential FAR, etc.) adopted by the Town Board during June and July of 2003. On October 14, 2003, the Town was served papers about the lawsuit brought by Avalon Bay Communities, Inc., Avalon Town Green II, Inc. and Robert Martin Development Company, LLC. On October 29, 2003, the Town was served papers on behalf of Mohawk Country Homes School, Inc. and CKKS, Inc. Ella Preiser noted that both the Avalon/Robert Martin (Nob Hill) and Mohawk Day Camp properties were slated for upzoning in the "Comprehensive" Plan. Danny Gold said the Town was aware that a lawsuit would be filed if any reduction in density (number of units that could be built) was imposed on the Nob Hill property. The steep slopes law that was adopted will considerably reduce the number of apartments that could be constructed on Nob Hill. Upzoning the property from M-10 to M-6 would further reduce density.

Mr. Reninger stated it was unfortunate that Councilwoman Timmy Weinberg appears to want to keep information about these lawsuits secret from the public. He noted that at the Town Board meeting on December 10, 2003, Ms. Weinberg advised Supervisor Feiner not to answer when Hal Samis questioned the resolutions on the agenda to retain Saratoga Associates (firm that prepared the Comprehensive Plan) and Cashin Associates (firm that prepared SEQRA documents re the Comprehensive Plan) in connection with litigation. Mr. Samis persisted and the Town Attorney supplied information about the lawsuits. Mr. Reninger said he hopes the Town will share its response(s) to the lawsuits with the community.

CGCA representatives discussed what appeared to start as Supervisor Paul Feiner’s campaign promise that the Town would remove snow from the Ardsley Road sidewalk from Central Avenue to the Scarsdale train station. When Mr. Feiner presented his proposal at a work session (12/9/03) for the Town to shovel this walk, Town Council members objected. At the Town Board meeting on December 10, Mr. Feiner presented a new resolution for a "pilot study" to clear portions of sidewalks along Ardsley Road, Payne Street and North Washington Avenue during a 90-day period. At the meeting Hal Samis questioned why the segment of North Washington Avenue with little pedestrian traffic was selected, and resident Cora Carey questioned why sidewalks in Fairview weren’t selected. Councilwoman Eddie Mae Barnes requested that the vote be delayed. When the board resumed discussion on the issue at its meeting on December 15, 2003, Manhattan Avenue had been substituted for North Washington Avenue in the pilot study. Numerous residents spoke both pro and con about the proposed "pilot study." On behalf of the CGCA, Madelon O’Shea asked a number of questions about staffing, equipment, budgeted amounts, liability and why the Town Board had not scheduled a public hearing to amend the town code regarding sidewalks.

There were few answers to the community’s questions at the meeting. It was announced that Parks & Recreation, not DPW, would be responsible for shoveling the snow but no information was provided regarding staffing or funding. Residents were shocked to learn the Town had not resolved the question of liability, but instead planned to study it during the "pilot" period. After much discussion, the resolution was defeated by a 3 to 2 vote. Councilman Steve Bass and Councilwomen Eddie Mae Barnes and Diana Juettner did not feel they had sufficient information to vote in favor of the pilot study. CGCA representatives noted that it was unusual for Mr. Feiner to have one of his ideas defeated. Hal Samis said that even though the resolution was defeated, Mr. Feiner could take credit for trying.

CGCA members asked Mr. Bass if the Town Board had discussed this issue at today’s work session. He replied that the board did discuss the need to obtain more information about what the Town is doing now townwide. He noted that Ardsley said the $10,000 machines it uses don’t work well and break down frequently. The more expensive ($50,000) machine also often needs repairs. Greenburgh would need several machines, but these machines are good only on flat surfaces and would not work on the Payne Street asphalt footpath or the steep winding path along Ardsley Road.

Deborah Bloom mentioned that residents had to walk in the street because snow had not been removed from the sidewalk in front of the former IGA store on East Hartsdale Avenue even 24 hours after the snow storms the last two weekends. Mrs. O’Shea noted that she had spoken with DPW Deputy Commissioner Butch Nanna about a number of sidewalks that had not been cleared of snow in a timely manner. Mr. Nanna informed her that the Town does not have the necessary personnel to issue summonses or to clear the sidewalks and then to issue bills to the property owners for the work.

CGCA representatives agreed that the need for sidewalks and their maintenance, repair and clearing are important issues that should be discussed, but answers are needed before any resolutions are prepared for adoption. Madelon O’Shea mentioned that Police Chief John Kapica said each street has it own dangers that should be weighed.

Supervisor Feiner for years has stated he supports cable access programming. However, CGCA representatives agreed that Greenburgh Cable Access Television (GATV) continues to deteriorate. Ella Preiser reported the microphone did not work at all when the camera focused on Commissioner Mark Stellato speaking from the lectern during the Fortress Bible FEIS hearing last night, and the live Town Board meeting was preempted by the live Ardsley Village Board meeting at 8:15 p.m. Mary Jane Shimsky said even basic things are a total mess. She was told Town Board meetings would play in a loop over the weekends, but only the bulletin board played this past weekend. Even when meetings air on the weekend, it is not a continuous loop and no schedule is provided of when the meeting will start.

Hal Samis noted so many issues are intertwined regarding GATV and suggested the CGCA should determine whether to focus on government access, public access or educational access (which seems to be what Supervisor Feiner wants to talk about lately). CGCA representatives agreed that the first issue should be a larger cable studio at the new Town Hall before all the existing excess space disappears. Thanks to Mr. Samis, the community learned the Town Board had provided only 225 square feet of space at Town Hall for a cable studio. (On East Hartsdale Avenue almost 1,000 sq.ft. was provided and the Knollwood Road studio consists of 1,600 sq.ft.) Councilman Steve Bass said that at today’s Town Board work session Town Clerk Alfreda Williams questioned Mr. Feiner’s plan to rent out space at 177 Hillside Avenue before an adequate cable studio has been provided. It was noted that at the public hearing on the budget on December 10, 2003, on behalf of the CGCA, Madelon O’Shea requested that a state-of-the-art cable studio be provided.

Ella Preiser said there should be money available to construct, soundproof and equip a decent size cable studio. She noted the Town’s cable franchise agreement has been a "cash cow" for the last eight years with revenues exceeding estimates by tens of thousands of dollars each year. Deborah Bloom mentioned the issue of how the $50,000+ per year GATV capital funds are spent. David Kreiness suggested that perhaps Demond Jarrett and Senator David Patterson could work with the CGCA to find the answer to whether it is appropriate or legal to use capital funds for rent payments.

Bill Greenawalt commented that the CGCA was trying to act like a cable board. He recommended that the CGCA press for an independent cable board since there are so many issues that need to be addressed. It was noted that the Interim Cable Board appointed in March 2003 by the Town Board no longer exists. Interim Cable Board Chair Del Hillgartner announced at the Town Board meeting on November 24, 2003 that he, Antonio Correia and Jeff Grant have resigned from the Interim Cable Board since the Town Board had provided no direction or support regarding the issues the Interim Cable Board had raised earlier this year. Bob Reninger suggested the CGCA should come up with a comprehensive resolution to present to the Town Board regarding GATV. Bill Greenawalt agreed to work on a list.

During a short break at the Town Board meeting on December 10, 2003, Councilwoman Timmy Weinberg was caught on camera (tape) saying "shut up" and "bulls--t" when speaking to civic leader Robert Bernstein. Moments later, Supervisor Paul Feiner was heard saying to Mr. Bernstein: "You’re nothing but a bunch of sore losers who are trying to disrupt government." (Usually the microphones are shut off during breaks.) At the same meeting, Mr. Feiner’s recently appointed "Deputy Supervisor for Community Liaisons" called persons who regularly speak out at Town Board meetings "nitpickers." Councilman Steve Bass replied: "I don’t consider myself a nitpicker!" Mrs. Preiser noted that the behavior/language displayed toward the public at the meeting was inexcuseable and bound to have a chilling effect on residents’ participation in government in Greenburgh.

Bob Reninger told CGCA representatives that because of its proximity, the Broadview CA has been very interested in obtaining information about proposals regarding the former Town Hall site. He said he filed a FOIL request about four weeks ago but only recently was given access to the documents regarding the proposals the Town Board is considering for the site. He mentioned that the documents were lengthy, difficult to understand and in some cases contradictory. He noted that when he didn’t get information from the Town, he approached the potential developers. He said the firm proposing affordable housing for the site was very cooperative in the beginning but then was told by Town Assessor Gerry Iagallo that it should not deal directly with civic groups. Madelon O’Shea said that last night she asked a woman representing the affordable housing proposal for a fact sheet to present to the CGCA. The woman replied that Mr. Iagallo said she should not give any information out to residents. Mr. Reninger said that after the meeting last night he got Supervisor Feiner and Mr. Iagallo together and Mr. Iagallo confirmed that all information must come from him. Mr. Reninger noted that Mr. Feiner just walked away. CGCA expressed concern about the Town Board’s decision to rigidly control the release of information.

Mr. Reninger said most speakers at last night’s meeting appeared to favor affordable housing on the site. Mrs. O’Shea mentioned the Greenburgh Housing Authority has raised the issue of why the Town Board is opting for an outside entity to build affordable housing instead of the Housing Authority. Mrs. O’Shea also mentioned that since the two applicants did not present their proposals last night, the public had limited information on which to base a preference. Ella Preiser noted the Ardsley Village Board meeting preempted the Greenburgh Town Board meeting on Channel 76, so the cable access television audience has no understanding of either proposal. Deborah Bloom said since the proposals apparently are so different, a spreadsheet should be prepared so residents can compare information.

CGCA representatives expressed concern that the Town Board was moving too quickly to dispose of the former Town Hall. Bill Greenawalt suggested the Town Board is looking to sell the property for a quick influx of money into town coffers to offset the recent expenses of purchasing/renovating the new Town Hall building, settling the negligence lawsuit and purchasing Taxter Ridge. Ella Preiser said she didn’t understand the rush since the Town would have to rezone the property from its present R-10 residential zoning to build either of the two proposals. Mr. Reninger said that Al DelBello informed him that "assisted living" is not permitted in any area of Greenburgh and a new zoning classification would have to be created.

Mr. Reninger said the Broadview CA wants both proposals for the former Town Hall site tabled until the community learns what the Library needs. He noted that many speakers at the meeting last night asked for more information about the plans for expanding/renovating the Library.

CGCA representatives discussed this issue and questioned whether the rush to dispose of the former Town Hall site was in the best interest of the Town. The Library is viewed as an important Town asset and there were calls for a first class Library. Given the steep slopes and limited acreage, questions were raised about whether there would be adequate room to expand the Library on site. It was noted that originally there was talk of the Library using the former Town Hall building temporarily during construction. It was agreed the Library should be asked to make its plans available as soon as possible for public review. Since the Library must rely upon the Town Board for funding, concern was expressed that the Library Board "may be cowed into accepting half a loaf."

The CGCA agreed to contact both the Library Board and the Town Board regarding this issue. The CGCA will ask the Library Board to present its expansion/renovation plans and to answer questions from the community about its present and future needs. The CGCA will ask the Town Board to delay making any decision regarding the former Town Hall property (1) until the public has the opportunity to understand the Library’s needs and plans and (2) until the public has been given adequate information to analyze the proposals being considered for the former Town Hall property.

Ella Preiser reported that the town has been advised by the New York State Department of Environmental Conservation (DEC) that the U.S. Army Corps of Engineers (Corps) will perform a reevaluation study and update the 1989 flood control improvement plan for the Saw Mill River in Greenburgh and Elmsford. The DEC will pay $600,000 – the entire (25%) non-federal portion for the study. If the Corps identifies a viable flood protection plan, a local sponsor (Greenburgh and/or Elmsford) must agree to share the costs with the DEC for the 25% non-federal portion of the design phase and construction. The DEC and the local sponsor will each be required to pay $200,000 for the design phase. Estimates of the local share for possible construction costs range from $2.5 to $4 million.

CGCA representatives mentioned the recent headlines about the proposed Yonkers Ridge Hill Development. Mary Jane Shimsky said that Assemblyman Richard Brodsky has called for an investigation into the proposed transfer of the property that could result in an $83 million windfall profit. She indicated that she would be working in early January to prepare an information sheet that could be distributed in neighborhoods that may be impacted by the proposed development, such as Hastings, Clarewood, Edgemont and Ardsley. She said the most important work at this point is to get the Town of Greenburgh to do whatever it should do to make whatever record is necessary during the SEQRA process. She noted this proposal would likely turn into a legal issue since Yonkers closes its roads and forces traffic onto Greenburgh roads. Madelon O’Shea reminded that the judge had said Costco, Stew Leonard’s and Home Depot would close if Yonkers did not open a second access road to the Austin Avenue development. Ms. Shimsky noted that instead of working on a second access road, the city of Yonkers is working on the Ridge Hill project, which is many times larger than the Austin Avenue development.

Federal Government Upholds New York State Ruling re Millenium Pipeline. Madelon O’Shea noted that the developers of the proposed Millenium Gas Pipeline have met another setback. On May 9, 2002, New York Secretary of State Randy Daniels ruled the pipeline could not cross the Hudson River at Haverstraw Bay because of environmental issues. The developers of the proposed pipeline appealed Secretary Daniel’s decision to the U.S. Commerce Department. Yesterday (12/15/03), U.S. Commerce Department Secretary Donald Evans upheld the earlier ruling.

Francis Sheehan Reappointment to ARB & ZBA. It was noted that all the reappointments to Boards and Commissions, originally scheduled to take place at the Town Board meeting on December 15, 2003, were put over until the board meeting on January 14, 2004. The CGCA continues to urge the reappoint-ment of Francis Sheehan to both the Antenna Review Board and the Zoning Board of Appeals.

Dunkin’ Donuts/Baskin Robbins Store Still Not Open. Questions were raised about why the new Dunkin’ Donuts/Baskin Robbins store in the Greenburgh Shopping Center (Knollwood Road) has not opened yet. CGCA representatives had no answer but noted the developers have not returned to the Planning Board regarding the proposed drive-through window at the rear of the store.

Are you Receiving All Town Announcements? Both Hal Samis and Deborah Bloom mentioned that although they have requested to be placed on the Town’s e-mail list, they do not receive all of the announcements that appear on the Town’s web site.

Steve Bass Proposes Resolution re USA Patriot Act. Ella Preiser distributed copies she had received from Councilman Steve Bass of a proposed resolution regarding the USA Patriot Act. Mr. Bass noted that the proposed resolution was written in conjunction with a number of community members and was discussed at today’s (12/16/03) Town Board work session. Mr. Bass said he hoped the resolution would be adopted at the Town Board meeting on January 28, 2004. Because of time constraints, discussion on the resolution was deferred until the CGCA meeting on January 20, 2004.