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 paid dues for the year 2002 – an all time high. (* Seven groups have paid year 2003 dues.) There is $886.50 in the treasury.

The December 17, 2002, CGCA meeting was held at the Theodore D. Young Community Center.

The November 19, 2002, CGCA meeting minutes, which had been mailed to CGCA representatives with notice of tonight’s meeting, were approved.

CGCA members wished a "Happy Birthday" to Deborah Bloom, Cleo Oliver and Carol Wielk.

Ella Preiser provided an update regarding two resolutions the CGCA passed at its November 19 meeting. Copies of the written correspondence were distributed to CGCA members.

David Kreiness informed CGCA members that he has concerns about what appears to be selective enforcement or selective non-enforcement in the Town. Earlier this year the owner of a pizzeria/restaurant in a Central Avenue strip mall applied to the Planning Board for a Special Permit to expand the restaurant into a vacant space next door. A number of questions were raised about this application. The Planning Board carefully reviewed the application and imposed several conditions in granting the Special Permit. The restaurant owner and his attorney agreed to the conditions.

Mr. Kreiness told CGCA members that it is not his intent to harm the business owner. He mentioned that if the applicant could not comply with or disagrees with any of the conditions, it was the applicant’s responsibility to return to the Planning Board. Mr. Kreiness indicated that once conditions have been imposed, the Building Inspector lacks the authority to decide which of the conditions should be enforced. If conditions have been imposed, the Building Inspector should enforce all of the conditions. Mr. Kreiness noted that last year at a meeting the Building Inspector acknowledged that his department could not be in all places at all times and depended on residents to be his eyes and ears. It now appears that the Building Inspector wants members of the public to put any complaints in writing.

CGCA members discussed this matter and agreed that the issue was far broader than the particular application involved. All boards (the Town Board, Planning Board and Zoning Board of Appeals) that grant approvals have the right to impose conditions to mitigate any negative impact that an application may have. If conditions are not enforced or selectively enforced, it seriously undermines the decision-making authority of the boards. CGCA members also questioned the reasonableness of requiring the public to put complaints in writing, noting that some complaints require an immediate response. Thelma Washington suggested that residents should make this a public issue and bring it to the attention of the Town Board at its public meetings.

Carol Wielk reported that the 28 summons that were issued regarding the destruction of the buffer area on property at 65 Westchester View Lane were answerable in Greenburgh Town Court on December 5. Ms. Wielk, Ella Preiser and Francis Sheehan attended; however Town Justice Sandra Forster allowed only Town Prosecutor Timothy Lewis and the person representing the homeowner to enter and discuss the matter in the judge’s chambers. Following the meeting in chambers, Judge Forster announced from the bench that it is beyond her jurisdiction to determine whether the Planning Board’s conditions concerning the buffer area were unreasonable, as the homeowner contends. The homeowner would be required to pursue that issue in another court. Mr. Wielk told CGCA members that the Town is in the process of hiring an arborist to assess the damage and prepare a plan to restore the buffer area. It is expected the plan will be prepared in advance of January 23, 2003, when this case next returns to Town Court.

Mr. Lewis indicated that the case is clear-cut; the conditions were violated. However, the owners are arguing the reasonableness of the conditions placed on their land that prohibit them from any use of the land for which they pay taxes. Since this issue is beyond the Greenburgh Court’s jurisdiction, the owners would have to file an Article 78 in State Supreme Court. It appears the owners would be time barred since an Article 78 must be commenced within 30 days of a Planning Board decision.

Several CGCA members applauded Councilman Steve Bass for the stand he took in refusing to participate in the review of Supervisor Feiner’s annual goals. Mr. Bass called the process "a publicity stunt and not a good way to spend taxpayer time." CGCA members noted that the editors of the Journal News agreed in a December 15 editorial that "returning a portion of his [Feiner’s] salary is somewhat gimmicky." CGCA members also noted that the paper continues to cover the story and provide Mr. Feiner with the publicity he seeks each year.

Ella Preiser told CGCA members that the ambiguous way Mr. Feiner words most goals and the arbitrary way his board colleagues assess completion ensure he will score well. She cited his goal to "Provide more public access program cable TV opportunities for residents – air more programs, reactivate cable TV Advisory Board to help develop policies re cable TV scheduling, programming." Mr. Feiner claimed 90% credit for this goal. Board members felt that was too high and awarded him 70% credit. Mrs. Preiser suggested that very little of this goal was actually completed. The residents who put in requests and were promised programs 12 months ago still have not been provided programs. Francis Sheehan who put in a request in May 1999 is still being denied a program. A Cable Advisory Board was reactivated and the CAB presented recommendations to the Town Board in September. Supervisor Feiner indicated the recommendations would be adopted in November but no action will be taken before January 2003 at the earliest. The Town has been without a cable studio for most of the year; a lease for a new studio was signed September 15, but it is still not open to the community.

Thelma Washington indicated she is unhappy with the current schedule allowing only one garbage pickup per week during holiday weeks. Several CGCA members agreed that retaining a week’s worth of garbage during holiday weeks is not adding to our quality of life. Danny Gold noted he is satisfied with the current schedule. CGCA members suggested that he obviously did not have guests at his home over the Thanksgiving holiday. It was noted that Bill Greenawalt wrote a letter to the Scarsdale Inquirer and also attended the December 11 Town Board meeting to express the problems he encountered with storing a week’s worth of garbage over the Thanksgiving holiday. Cora Carey called "Dial Democracy" on December 11 to discuss her encounters with raccoons when taking out the Thanksgiving garbage. Alice Moroney noted that many of her neighbors have bought additional cans to store garbage during holiday weeks.

CGCA members agreed that the reasons for cutting services to homeowners stems from the additional development the Town has permitted without increasing the number of Sanitation Department personnel. Ella Preiser told CGCA members that during a Town Board work session, Supervisor Feiner stated only a few people (including his wife) have complained about the once a week schedule. It was agreed that Mr. Feiner only responds to large numbers. Until a sufficiently large number of residents start coming to Town Board meetings and/or begin publicly complaining about the once-a-week pickups, the schedule will not change. Deborah Bloom suggested that anyone writing or e-mailing Mr. Feiner about this matter should send copies to the local civic group.

Ella Preiser reported that Councilwoman Eddie Mae Barnes mentioned at the December 3 Town Board work session that the Police/Community Advisory Commission had not received a response to its letter about changing the law to deal with piles of leaves in the street. DPW Commissioner Al Regula responded that it is only a few passionate people who are concerned about this matter. He mentioned that in discussions with the Legal Department it was decided that it was not in the Town’s best interest to change the law since the Town could be held liable. He also suggested that enforcement of such a law would be a monumental task. Town Attorney Susan Mancuso suggested that the board should call an executive session to discuss the issue because it involved potential litigation.

CGCA members discussed this issue and suggested that the Town is already liable since it has been put on notice about the dangers that piles of leaves in the streets present to drivers and pedestrians but has chosen to do nothing. David Kreiness suggested that the law should be changed to make the homeowners responsible. CGCA members suggested it would take a large number of complaints (particularly from "new faces") to convince the Town Board to change the law. Thelma Washington suggested that the community should be urged to bag leaves instead of putting them in piles at the curb as the Town recommends. She noted that on windy days the piles of leaves blow into the street creating a very dangerous situation. She also noted that the recent snow has left leaves buried and stuck to the curb. Several CGCA members mentioned that bagging leaves is not a total solution. It was noted that gardeners are reluctant to bag leaves because it takes time. Alice Moroney noted that leaf bags can break when they get wet. Madelon O’Shea suggested that residents should make arrangements with their gardeners to haul the leaves away to the Town mulch site. Barbara Alleyne mentioned that she put out a newsletter and a flyer, in both English and Spanish, to explain provisions of the law regarding garbage and leaves to her neighbors. She noted better compliance with the law.

Supervisor Feiner announced at today’s Town Board work session that the first Town Board meeting in 2003 – Wednesday, January 8 – would be held at 177 Hillside Avenue at the new Town Hall. Arnold Laubich, who served on the Supervisor’s Relocation Committee for a Town Hall/Library, will be named Citizen of the Month at the meeting. On November 26, the Town Board approved a resolution authorizing a bond to purchase the building. The closing is expected to occur before the end of this year.

Mrs. Preiser noted the consequences to taxpayers of purchasing 177 Hillside Avenue that were quoted in the November CGCA minutes applied Town-wide. Additional taxes will be assessed against property owners in Unincorporated Greenburgh, the Fairview Fire District and the Central 7 School District because of the impact of taking the 177 Hillside Avenue site off the tax rolls. Estimates for the average property Town-wide assessed for $15,000 is $16.92 during the first year. Unincorporated Greenburgh homeowners must add $1.42 to this figure. Central 7 School District property owners can expect to pay an additional increase of $10.13, and Fairview Fire District property owners must add $4.26.

Alice Moroney reported that the County Board of Legislators still has not signed the agreement to extend the lease for the WestHELP homeless shelter located near Westchester Community College. The proposed agreement worked out earlier this year with the Mayfair Knollwood CA ties the extension of the lease for WestHELP to a promise from the County to limit the number of beds for the homeless at a second shelter on the Grasslands Reservation. Ms. Moroney noted that the Town of Mount Pleasant has filed an Article 78 lawsuit, charging that Westchester County gave a no-bid contract for $13 million to the Volunteers of America to operate the new homeless shelter on the Grasslands Reservation. The law states that contracts for anything over $20,000 have to be put out to bid.

Madelon O’Shea mentioned her concerns about a resolution passed by three members of the Town Board on November 26 that will give access to Town Park to volunteer emergency workers who do not live in Unincorporated Greenburgh. Council members Eddie Mae Barnes and Steve Bass abstained from the vote because the Town Board had not held a discussion on the policy. Mrs. O’Shea noted she is not opposed to the concept but has concerns that this will open the door to allowing other village residents access to Town Park without requiring that they pay their fair share of expenses.

A discussion followed by CGCA members. Danny Gold noted that he heard that attendance was down at the park. Mrs. O’Shea indicated the park was well attended on weekends when the weather was hot. Deborah Bloom questioned why no reciprocity had been required from the villages. It was noted that a few years ago Supervisor Feiner appointed a committee to determine whether the Village of Ardsley should be admitted to Town Park. Cleo Oliver chaired the committee, which recommended that there was no benefit to Unincorporated residents in allowing Ardsley residents admittance unless they paid their fair share of the bond issue.

Danny Gold expressed concern that the Moratorium Law will expire on January 31, 2003. He questioned the status of the "Comprehensive" Plan and proposed steep slopes and wetlands laws. Ella Preiser noted that there has been no mention recently about whether the consultant hired by the Town has completed corrections to the Open Space Comprehensive Plan or finished preparing the final Generic Environmental Impact Statement on the plan. It appears that the Town’s legal department is re-drafting the proposed steep slopes and wetlands laws. The community has been given no information about these proposed laws since outside counsel hired by the Town made recommendations for changes to the proposed laws in October 2001. It appears that the Moratorium Law will have to be extended again – for the 5^th time.

Ella Preiser reported that although CGCA members passed a resolution at the November CGCA meeting questioning the proposal to increase the County sales tax from 2.5% to 3.5%, she had not prepared the written resolution because she wanted more input from CGCA members. A lengthy discussion followed.

CGCA members preferred no tax increase of any kind but recognized that there were county budget deficits that must be addressed. Concern was expressed about the regressiveness of a sales tax that falls disproportionately on those least able to afford it. It was noted that those without cars and computers would find it difficult to go to Connecticut or New Jersey or make purchases on the Internet to avoid the sales tax. It was agreed that even those who claim they make few purchases would feel the impact of an increase in the sales tax – in their utility bills or for necessary paper goods and cleaning supplies.

The main concern, repeatedly expressed by CGCA members, was the apparent unfairness of the sales tax increase since it would not be imposed on the cities of Mount Vernon, New Rochelle, White Plains and Yonkers. These cities already impose a sales tax that is used to lower city property taxes. CGCA members questioned the fairness of asking 60% of the county (towns, villages and small cities) to pay 100% of the increase in the sales tax to provide county-wide services. CGCA members questioned Councilman Steve Bass about the wording of the bill that is currently in Albany. Mr. Bass replied that it is his understanding that the bill would not allow any portion of the increased sales tax to be shared with the municipalities during the first year. In subsequent years, 25% of the increase would be shared with municipalities.

CGCA members present agreed that they could not support an increase in the sales tax under the proposed conditions because of the unfairness to Greenburgh residents and property owners. The alternative of raising property taxes was not endorsed, but it was noted that a property tax would apply equally to 100% of the county, and property tax can be written off on income tax returns while sales tax cannot. CGCA members again passed a resolution and asked Ella Preiser to convey our concerns to the Westchester County Board of Legislators, State Senator Nicholas Spano and State Assemblyman Richard Brodsky and the media.

Prospero Nursery, Knollwood Road. On December 11, the Town Board continued the public hearing on the owners’ request for a waiver from the Moratorium Law. The owners wish to appeal to the ZBA the Building Inspector’s denial of a building permit. At the hearing, the owner’s attorney indicated the Mayfair-Knollwood CA had been contacted. Ella Preiser urged that the Knollwood Manor CA be contacted since the nursery property is located within its boundaries. The board closed the hearing but kept the record open for 30 days for written comments.

Scarsdale Ford, Central Avenue. At the December 12 ZBA meeting, the hearing continued on the applicant’s request for a variance to erect a larger sign than the sign ordinance permits. The applicant’s attorney confirmed that the Ford Motor Company does make a smaller sign that would comply with the town’s requirements for square footage; however, a variance would still be required for the width of the sign. The hearing will continue at the January ZBA meeting.

Planning Board to Recommend Proposed Historic Preservation Law. Ella Preiser reported that the Planning Board and resident volunteers have completed efforts to create a law that would help to preserve Greenburgh’s heritage. The Planning Board is expected to pass a resolution at its meeting tomorrow (December 18), recommending that the Town Board adopt the proposed law.

Planning Board to Continue Discussion on Proposed FAR "McMansion" Law. The Planning Board will continue a discussion tomorrow (December 18) on the legislation proposed earlier this year by Councilman Steve Bass to establish floor area ratio limits in residential districts. Ella Preiser noted that the Planning Department has increased the size of the survey to determine the impact the legislation would have on existing homes.

Town Board to Evaluate Department Heads. Councilman Steve Bass mentioned that the Town Board will be evaluating Department Heads in the coming weeks. CGCA members inquired about the process. Mr. Bass noted that this would be his first year involved and he assumed forms and guides would be employed. He indicated blank forms or guides are not privileged information and should be available to the community.

Developer Found Guilty of Environmental Damage. Tim Lewis reported that Trion, the firm that destroyed trees and created a network of roads in East Irvington without a permit, was tried in absentia and found guilty. The Town must now submit evidence to the court regarding the dollar amount of damages. Mr. Lewis noted that he informed the defendant on the telephone that he lost the case and a warrant would be issued for his arrest. The defendant thanked Mr. Lewis and said goodbye. It is questionable whether damages will be paid since Trion is a Tennessee company with no assets in New York. Mr. Lewis suggested that it would be helpful if community members attended the next court session on this case. He will e-mail Danny Gold regarding the date.

2003 Budget. Ella Preiser reported that the Town Board has devoted time to reviewing the proposed 2003 budget during weekly work sessions over the last few weeks. She noted that Councilman Steve Bass asked numerous questions about budget lines and it was very informative to have Comptroller Norah McAvoy, Deputy Comptroller Doreen Muentener and Department Heads available to respond to questions. Mrs. Preiser noted that last year she and Francis Sheehan spent a few hours in the Comptroller’s office obtaining answers to questions. Mr. Bass also spent several hours obtaining information. The Town Board adopted the budget at its meeting on December 11.

East Hartsdale Avenue Residents Seek Safer Exits. Deborah Bloom reported that a number of East Hartsdale Avenue residents experience visibility difficulties when making left turns from their driveways. The problems stem from large SUVs, legally parked in street parking spaces near the driveway exits, which block the view. Ms. Bloom noted that residents are in touch with the Hartsdale Parking Authority and have suggested limiting the parking spaces near these driveway to compact cars.

Police Ticketing Violators of Overnight Parking Rules. Barbara Alleyne reported that some of her neighbors have not complied with the parking restrictions prohibiting overnight parking on Town streets during the winter months. The police have been contacted and tickets have been issued.

Changes to the CGCA Address/Phone List. Victor Alleyne, 24 Manitou Trail, is the new President of the Hillside Wyndover Civic Association. Delete work telephone number for Alice Moroney.

Also distributed: Copies of articles from the Scarsdale Inquirer:

• December 6 article, "Is this ‘open government’?" by Ella Preiser

• December 6 editorial, "Slow down and listen,"

• December 13 article, "Supervisor does listen," by Paul Feiner