CGCA Treasurer Mary Tobias has received year 2003 dues from the following civic groups:

In June 2002, the Town Board approved election district line changes that reassigned hundreds of residents from the Payne Street area (formerly ED #29) to ED #68. As a result, ED #68 consisted of more than 1100 registered voters. Mary Tobias, in a letter to Westchester County and Greenburgh officials on July 30, 2002, expressed concerns that this change would have disenfranchising results and called for the creation of a new election district. Lorrin Brown has also called for a new district. As Ms. Tobias predicted, numerous problems occurred in ED #68 on Election Day 2002. She brought these problems to the attention of the CGCA at its November 19 meeting. The CGCA passed a resolution calling on the Town Board to create a new election district for Payne Street area residents.

The Town Board has responded to our concerns. At the afternoon Special Meeting on February 11, 2003, the board voted to change the boundaries of six election districts and create a new election district for Payne Street area residents. The polling place for the new district (ED #83) will be Massaro Park.

Town Prosecutor Timothy Lewis presented the Town’s position during the sentencing stage of the trial against Trion LLC on February 3, 2003. In 2001, Trion removed trees without obtaining a permit and carved out an extensive network of dirt roads on the Unification Church Property in East Irvington. Last November, Trion was tried in absentia and found guilty of the environmental damage.

Madelon O’Shea and Ella Preiser attended the sentencing and spoke on behalf of the CGCA. Town Justice Doris Friedman imposed penalties – a $12,000 fine plus interest from the date of service of the summonses (May 23, 2001) and $58,200 to re-grade the land and plant new trees. It is doubtful that the Town will ever collect any portion of this penalty since Trion is a Tennessee company with no assets in the State of New York.

CGCA representatives have been present three more times at Town Court regarding the destruction of the buffer at 65 Westchester View Lane. The homeowner had been cited for removing trees on November 2, 2002, without a permit and in violation of Planning Board conditions. The homeowner hired an attorney who filed a motion with the court asking that charges be dismissed and claiming the homeowner was exempt from the provisions of the Town’s trees and subdivision regulations, and/or the Planning Board’s conditions are unconstitutional. Town Prosecutor Timothy Lewis has represented the Planning Board and the Town in Town Court and will file a response to the motion.

The next court appearance is scheduled for March 27 at 11 a.m.

The Town Board has not yet rendered decisions on three applications for waivers from the Moratorium Law of concern to the CGCA. Public hearings were held (and closed) last year or earlier this year on the applications of:

On February 26, 2003, the Town Board held Public Hearings on two new requests for waivers from the Moratorium Law:

At its work session on February 25, 2003, the Town Board discussed the status of the application of Fortress Bible Church to build a church/school on Dobbs Ferry Road. Town Attorney Susan Mancuso noted that under SEQRA, the lead agency has the responsibility for preparing the FEIS. Usually the applicant prepares the FEIS and the Town reviews the document and requires the applicant to make any necessary changes. Ms. Mancuso noted that there are time constraints and the Town has not received information requested from the applicant. She told board members that completion of the FEIS could cost the Town $25,000 – more or less. Councilwoman Eddie Mae Barnes expressed concerns about taxpayers footing the bill for this study.

The board opened a special meeting and passed a resolution "Authorizing the Town Board, as lead agency, to assume preparation and completion of the Fortress Bible Environmental Impact Study." The resolution passed by a 3-2 vote with Ms. Barnes and Councilman Steve Bass voting "NO." Supervisor Feiner, who cast the deciding vote, stated that he had to respect the advice of his planners and attorney.

On January 29, 2003, the Planning Board discussed and finalized its recommendations to the Town Board regarding the Tax Increment Financing (TIF) District in Elmsford/North Elmsford along Route 9A. The Planning Board did not recommend extending the TIF district to include the Babbitt Court area and cited two concerns – fairness and a question of legality. The board felt fairness dictates that the TIF funds should benefit the existing district. The board also questioned whether the TIF district lines could be extended unilaterally since the Village of Elmsford was party to the creation of the TIF district.

At the meeting, Planning Board Chair McLaughlin provided information on low interest loans that were available to Babbitt Court residents to supplement the FEMA grants to elevate their homes. Planning Board members also agreed that the other recommendations regarding the TIF district were either beyond the purview of the Town or the expertise of the Planning Board. The board urged the Town to work closely with the Army Corps of Engineers to find permanent solutions to area flooding.

It is questionable whether the Town Board is legally bound to follow the Planning Board’s recommendations. Nevertheless, on February 5, 2003, Planning Board Chair Fran McLaughlin reported that Supervisor Paul Feiner had sent a letter to Babbitt Court residents conveying the Planning Board’s recommendations and informing the residents that he personally favored extending the TIF district. Ms. McLaughlin noted that she didn’t appreciate the volunteer Planning Board being placed in that kind of a position with the community.

The ZBA opened public hearings on February 13 regarding two applications of concern to the Edgemont Community Council (ECC).

The Public Hearings and record have been closed and the Town Board now is considering Hampshire Management Company’s request for amended site plan approval to enlarge the Westchester Square Shopping Center on Central Avenue to erect a Trader Joe’s store and an addition to the former Service Merchandise store. In 1996, the Zoning Board of Appeals denied Hampshire Management’s request for a floor-area-ratio variance to expand the shopping center. The owner filed an Article 78 Proceeding and the court ordered the ZBA to grant the variance. The decision of the lower court was upheld on appeal and the ZBA subsequently granted the variance but included the condition that the applicant must realign North Washington Avenue to address traffic and safety concerns.

Area residents are now asking that the approval for the shopping center expansion be "uncoupled" from the condition to realign North Washington Avenue. On Tuesday, February 11, Supervisor Feiner met with six residents of the College Corners area (the eastside of Central Avenue, across from the shopping center) who are concerned that the realignment will encourage traffic to use Harvard Drive and other College Corners streets as a short cut to White Plains. Earlier that afternoon, the Town Board voted to ask the Town’s traffic consultant to take another look at the impact the shopping center expansion would have on the College Corners streets. A dozen College Corners residents also addressed the Town Board at the February 26 Town Board meeting about their traffic and safety concerns. Hy Fishoff also informed the Town Board that the board of The Colony at Hartsdale is now unequivocally opposed to the realignment of North Washington Avenue. Earlier some members of The Colony had favored the realignment.

The Town Board has no authority to "uncouple" or overturn the conditions imposed by the ZBA. In order for the ZBA to review a previous decision, New York State law requires that (1) a member of the ZBA put forth a motion to rehear the case, and (2) all ZBA members present vote unanimously in favor of the rehearing. If the ZBA does rehear the case, a unanimous vote is required to reverse, modify or annul the original decision. It is questionable whether the ZBA would consider rehearing the case since the ZBA condition regarding the realignment of North Washington Avenue was based on the recommendation of the traffic consultants and Police Chief.

On January 22, 2003, the Town Board held the first of two required Public Hearings on an "Addendum" to the "Comprehensive" Plan. A second hearing is scheduled for March 26. Public Hearings are also scheduled for March 26 on the following proposed legislation:

Historic Preservation. Members of the Planning Board wrote, reviewed and recommended this legislation to the Town Board. Greenburgh Historian Frank Jazzo and Edgemont Historian Louise Clark attended the Town Board work session on February 25 to provide information on the proposed law. Ms. Clark noted there are approximately 30 sites in Edgemont that might be eligible for landmark designation. Mr. Jazzo was unsure how many other sites in Greenburgh might be eligible. Supervisor Feiner expressed opposition to the law unless owners of proposed historic landmarks could opt out of the process. Madelon O’Shea responded that such a provision would jeopardize the Town’s ability to get grant money. Mr. Feiner stated he wants names and addresses for all potential sites so he can contact the owners and seek their input. He also wants a written legal opinion from the Town Attorney regarding whether designation can be optional without jeopardizing possible state grants.

Floor Area Ratio (McMansions). The Planning Board has been discussing the proposed amendments to the Zoning Ordinance regarding FAR and setback requirements in residential zoning districts. Recommended changes to the proposed legislation as written include a grandfather clause, new definitions for FAR (the existing definition applies to commercial property) and a sliding scale for FAR according to lot size rather than zoning district.

Supervisor Paul Feiner, Town Board members Eddie Mae Barnes and Steve Bass, a number of Town Commissioners and County Legislator Tom Abinanti attended the Edgemont Association meeting on February 24, 2003. In response to a question about the proposed Steep Slopes legislation, Mr. Feiner indicated that he supported its enactment. However, he told one resident, "expansion of your own home will be inhibited." He further stated, "Some property is not going to be worth as much."

When pressed regarding the proposed legislation regarding Historic Preservation, Mr. Feiner said he had too many questions and could not support it. County Legislator Abinanti indicated he supported the Historic Preservation legislation. Madelon O’Shea noted that of the four proposed laws being considered, the proposed Historic Preservation legislation is the only one that has been thoroughly reviewed. The proposed law has been vetted by the Greenburgh Planning Board, a representative from the Westchester County Planning Board and a representative from the New York State Office of Parks, Recreation and Historic Preservation.

On September 25, 2002, the Cable Advisory Board (CAB) presented its recommendations to the Town Board for an interim cable board and draft policies and procedures for operating Greenburgh Access Television. On February 11, 2003, at an afternoon Special Meeting, the Town Board finally adopted the policies and procedures for the public access channel. The only change made to the original draft was one correction suggested in a November 23, 2003 memo from Ella Preiser to the CAB. The Town Board also included in this document information about the proposed interim board. The approved document gives the Interim Board "the authority to create or modify policies, procedures, forms or discontinue the use of any of the above…"

At several recent work sessions, the Town Board discussed changes to the draft policies regarding political programming. On February 26 at the Town Board meeting, the board adopted Policies and Procedures regarding the government access television channel and political programming. The Interim Board was also given authority to make changes to these policies and procedures. Ella Preiser noted at the meeting that a number of corrections (grammatical and typos) are necessary, including settling on an actual name for the "interim board," which is referred to by different names in the document. Resident Cora Carey expressed concern about giving the interim board any authority and recommended that the interim board remain advisory only.

In response to questions raised at Town Board meetings, the CGCA has learned that the starting date of the lease for the cable studio that the Town has rented at 297 Knollwood Road has been adjusted from September 15, 2002 to December 1, 2002. A few residents have been invited to tape programs in the studio during the past few months, using portable equipment brought in by Cable Coordinator George Malone. An alarm finally has been installed in the building and cable equipment stored at the Veteran Town Park Administration Building finally is being moved to the studio. Training for those requesting public access cable television programs is supposed to begin once the movement of equipment is completed. Town Clerk Alfreda Williams’ latest estimate is the studio may be ready by the first week in March.

At the CGCA January 21 meeting, a resolution was passed recommending to the Town Board that Francis Sheehan be appointed to the Interim Cable Board. The CGCA’s letter recommending Mr. Sheehan’s appointment, dated January 27, 2003, was hand-delivered to the Town Board members at their work session on January 28.

At its work session on February 4, the Town Board discussed the composition of the Interim Cable Board. (Town Councilwoman Diana Juettner was not at the meeting during this discussion.) Councilman Steve Bass told his fellow board members that Supervisor Feiner wanted all appointees to the interim board to sign a statement that they would not run for political office this year. Mr. Feiner initially opposed the CGCA’s recommendation of Francis Sheehan because he might be a candidate. Mr. Feiner said he would support Mr. Sheehan if he agreed in writing not to run. Mr. Sheehan agreed to sign such a statement. Mr. Bass strongly urged the appointment of Mr. Sheehan, noting that he was very interested in the subject, had attended all CAB meetings and had constructive input at them, and would be a positive addition to the interim board.

Mr. Feiner acknowledged Mr. Sheehan’s interest and "passion" regarding cable television and stated that he would have no problem appointing Mr. Sheehan to this interim board that would be operating for a year if he would not be benefiting from any rules he would help set. Mr. Feiner noted that appointing a person who had been critical of his administration could be viewed as "shrewd" and would make him look politically "like a saint." Councilwoman Eddie Mae Barnes stated that Mr. Sheehan has some excellent ideas and would bring a tremendous amount to the interim board. She also noted that it would be "big" of the Town Board to appoint Mr. Sheehan considering that he previously challenged her and other board members for a seat on the board.

Councilwoman Timmy Weinberg, however, strongly opposed the appointment of Mr. Sheehan to the interim board. She expressed resentment at the way she was treated when Mr. Sheehan ran against her for a Town Board seat. She termed him an "enemy" who has "criticized everything we’ve done for the past five years," and stated that it would be "stupid" to appoint someone who would "turn around and stab us in the back." She also questioned his "expertise" regarding cable television and suggested "he carries a camera … I can get my kids to do that."

Town Clerk Alfreda Williams mentioned that if the board appointed Mr. Sheehan to the interim board, he would be the only person in Town serving on three boards. (The CGCA had pointed out this potential concern in our letter of January 27, but noted this should not represent a problem since the "interim" board would function for only a short time.) Mr. Feiner originally expressed no concern but suggested that perhaps Mr. Sheehan could take a leave of absence from one of the other boards. Ms. Barnes and Mr. Bass opposed this approach.

One week later, at the February 11 work session, the Town Board interviewed Yolanda Robinson as a candidate for the interim cable board. Ms. Robinson lives in Fairview and was formerly a reporter for "Channel 12 News." Everyone was favorably impressed with her credentials. Eight residents are now being considered for this interim board – the original five members of the CAB, Alan Hochberg, Toby White and Ms. Robinson.

After Councilwomen Juettner and Weinberg left the February 11 meeting at approximately 5:15 p.m., Supervisor Feiner and Council members Barnes and Bass again discussed the issue of appointing Francis Sheehan to the interim board. Council members Barnes and Bass still expressed strong support for appointing Mr. Sheehan. However, Mr. Feiner noted he had been persuaded to change his mind because Councilwoman Weinberg strongly opposes Mr. Sheehan’s appointment and because he doesn’t want one person on three boards. Mr. Bass stated he preferred an interim board consisting of no more than 6 or 7 members and expressed dismay that as liaison to the CAB he was given no say regarding the make-up of the interim board.

At the February 25 work session, resident Cora Carey suggested that the Town Board appoint Sandra Williamson to the interim board. Ms. Williamson is a Fairview resident, and previously worked with and/or replaced Greenburgh Cable Coordinator George Malone during his absence.

It is expected that an interim board will be appointed at the March 12 Town Board meeting.

Hackley School FGEIS/Site Plan Hearing Scheduled. At the Special Meeting held on February 11, the Town Board accepted as complete the FGEIS regarding the proposal to demolish some existing buildings on the Hackley School site and to construct a new middle school/science building and additions to the lower school. A public hearing on both the EIS and site plan has been scheduled for March 26. Initially the hearing was to be scheduled for March 12 (a "road show" Town Board meeting). The applicant preferred that the hearing take place at Town Hall.

Mighty Joe’s Deli Requests Special Permit. The owner is requesting a special permit to operate a restaurant with 25 seats at the 26 South Central Park Avenue (near Hartsdale Avenue) site. The Planning Board has tentatively scheduled the application for a Public Hearing at its March 19 meeting, provided the applicant submits a parking plan two weeks in advance.

Presentation Planned by Police/Community Advisory Commission. Cleo Oliver, Chairperson of the Police/Community Advisory Commission, has announced that the next Commission meeting will feature a presentation by Police Chief John Kapica in reference to Credit Card Fraud/Stolen Identities and Gang Activity. The meeting will take place at the Theodore D. Young Community Center at 7 p.m. on Monday, March 3, 2003. All are welcome to attend.