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COUNCIL OF GREENBURGH CIVIC ASSOCIATIONS

Minutes of Meeting - February 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. Thirty-six civic groups paid dues in the year 2001.

Ardsley Estates Civic Association
Beaver Hill Association
Birchwood Civic Association*
Broadview Civic Association*
East Hartsdale Avenue Civic Association
East Irvington Civic Association*
Edgebrook Cooperative, Inc.
Fort Hill Association
Fulton Park Civic Association
Granada Condominium III 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 **
Longview Association
Lower Manor Woods Neighborhood Association*
Mayfair-Knollwood Civic Association*
North Elmsford Civic Association
Northern Greenville Association
Parkway Gardens Civic Association
Parkway Homes Civic Association
Poet's Corner Civic Association
Secor Homes Civic Association, Inc.*
Southern Greenville Association
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*

* paid 2002 dues, ** paid 2002-2003 dues

To date, fourteen civic groups have paid dues for 2002. There is $775.62 in the treasury.

The February 19, 2002, CGCA meeting was held at the Multipurpose Center at Anthony F. Veteran Park because Supervisor Feiner has barred the CGCA from meeting at Town Hall.

Minutes of the special CGCA meeting with Supervisor Paul Feiner, held January 8, 2002, were read and approved with minor corrections that will be made prior to distribution.

CGCA members introduced themselves and welcomed Frank D'Eufemia, President of the newly formed Babbitt Court Civic Association. Karl Pfeiffer, Vice President of the Babbitt Court Civic Association, arrived at the meeting later in the evening.

CGCA TO HOLD ELECTION FOR OFFICERS

Danny Gold is resigning as CGCA Chairman and a discussion was held about electing a view chair of the CGCA. It was agreed the entire CGCA membership should be advised an election will include all CGCA offices - Chair, Vice Chair, Corresponding Secretary, Recording Secretary and Treasurer. To give adequate notice to all dues-paying member civic groups, it was agreed the CGCA election should take place in April. Those willing to serve as officers will be asked to attend the Tuesday, March 19, CGCA meeting and present their goals and ideas for the CGCA. Written copies of these presentations will be mailed to all member civic groups. The election will take place at the beginning of the Tuesday, April 16, CGCA meeting. Each member civic group present will be entitled to cast one vote for each office.

AVALON GREEN II - NOB HILL

Danny Gold reported that as Deputy Town Supervisor for Avalon Green II, he has been invited to a special meeting tomorrow (February 20) of the Town Board at 3 p.m. He noted the purpose of the meeting was to discuss with the Town's consultant the acceptance of the DEIS for the proposal to build 800 rental units on Nob Hill, off of Taxter Road. Mr. Gold stated that the public hearing on the DEIS will probably be scheduled for late March or early April. He informed Supervisor Paul Feiner that he wanted the public hearing held at Town Hall, not off-site.

Several CGCA members noted that they were told that tomorrow's work session would riot start until 4 p.m. and questioned why a discussion on acceptance of a DEIS can be considered an "executive session" closed to the public. It was noted that there is no provision in the Open Meetings Law that would permit discussion regarding a DENS behind closed doors. Several CGCA members stated that what is at issue is far broader than the Avalon Green II DEIS. At issue is the way the Town Board conducts business, and this is one more example of the lack of "open" government in Greenburgh.

CGCA WELCOMES BABBITT COURT RESIDENTS & DISCUSSES FLOODING

Frank D'Eufemia noted that he was attending the CGCA meeting to observe and report back to his active civic association members on whether the Babbitt Court Civic Association should join the CGCA. He noted that his neighborhood would be interested in learning about any development on Nob Hill. Danny Gold explained the purpose of the CGCA.

Mr. D'Eufemia stated that Babbitt Court would like to be known as more than just that area along Route 9A, south of Elmsford, that floods. He noted his community is a small, close-knit neighborhood where many residents have lived their entire lives, with several residents born there.

Ella Preiser reported that a public meeting was held on January 28, 2002, on the draft Greenburgh Floodplain Management and Hazard Mitigation Plan. The meeting was not well advertised but a number of residents from Babbitt Court attended, including Mr. D'Eufemia and Karl Pfeiffer. Also in attendance was a resident from Edgemont, a resident from the Worthington Road area and a commercial property owner from North Elmsford, as well as all members of the Planning Committee. The Planning Committee met again on February 5 to finalize the draft plan. On February 13, instead of adopting the plan, the Town Board passed a resolution acknowledging receipt of the plan for approval. The plan must receive approval from the State Emergency Management Office.

It was noted that James Antonelli, the consultant hired by the Town to prepare the plan, was grateful for input from the community since the Town does not maintain adequate records on Flooding events. CGCA members agreed that the plan is a good first step toward addressing town-wide flooding issues. With an approved Floodplain Management and Hazard Mitigation Plan in place, property owners will be eligible to apply for finds to mitigate flooding problems. Because the Town lacked a plan and missed the previous funding cycle, property owners were prohibited from seeking funding for the past two years. With a plan in place, residents who carry flood insurance should see their premiums reduced.

Karl Pfeiffer noted that he also serves on a Task Force organized by Assemblyman Richard Brodsky to address flooding problems in the Saw Mill River area. The Task Force is comprised of local property owners, and representatives from Greenburgh, Westchester County, New York State and the federal government. Mr. Pfeiffer spoke to a representative from the Army Corps of Engineers (Corps) at a recent Task Force meeting and was informed that the Corps' plan is to acquire property or elevate buildings but that won't happen for 10 to 15 years. Meanwhile, the Corps is undertaking another study about flooding along the Saw Mill River.

Mr. Pfeiffer told CGCA members that he is unwilling to wait any longer. His family wants peace of mind. On April 1, he is having his home elevated five feet. The process will be done with hydraulic jacks and should take about a week to ten days to complete. Mr. Pfeiffer will be paying for the jot out of his own pocket. He has been told that he will not be reimbursed if funding becomes available. Several other Babbitt Court neighbors also want to elevate their homes but are waiting to see if Funding will be available now that the Town has a plan in place.

CGCA members agreed that having a plan in place is only a first step. The Town must continue to pursue other measures to deal with flooding along the Saw Mill River. Tropical Storm Floyd in 1999 caused multi-million dollar losses to business owners in the Elmsford - North Elmsford area. The Army Corps of Engineers has completed work in the Saw Mill River in communities to the north (Chappaqua) and south (Ardsley) of Greenburgh. Improvements for the Greenburgh area should be pursued.

WHERE TO MEET FOR CGCA MEETINGS?

Ella Preiser reported that she spoke with Demita Gerber, Library Director, about Supervisor Paul Feiner's suggestion that the CGCA could hold its monthly meetings at the Greenburgh Library. Ms. Gerber confirmed that the Library closes at 9 p.m. on Tuesdays. (At the January 8 CGCA meeting, Mr. Feiner stated that the Library would stay open later than 9 p.m.) Ms. Gerber also advised that there are many requests to use the one meeting room at the Library, and the Library's policy is that: no group may reserve the room for regular monthly meetings.

Mrs. Preiser noted that she had stopped by the Theodore D. Young Community Center and picked up a facility use permit form. Ms. Loretta Brooks, the person in charge of use of the Center, was out of the office. The permit form provides for payments for use of the facility and states "All Town of Greenburgh residents must purchase a membership card." It also notes that organizations using the facility must carry liability coverage for one million dollars per occurrence, three million dollars aggregate. Mrs. Preiser said that she would follow up to learn whether there is space available for CGCA meetings and if any of these regulations can be waived.

UPDATE - HOMELESS SHELTERS

Alice Moroney reported that the Town Board met with the Mayfair-Knollwood Civic; Association at Town Hall on Monday, February 11, to discuss whether to extend the lease on the WestHelp homeless shelter near Westchester Community College. Negotiations regarding the lease are tied to Westchester County's plan to build another homeless shelter on the Grasslands Reservation. The County is now willing to reduce the number of beds in this proposed shelter from 223 singles to 149. Even with this reduced number of beds, more than 50% of the county's homeless will be sheltered within one mile of the Mayfair-Knollwood area. The community also desires input on the mix of homeless residents who will be allowed at the Grasslands shelter. Residents have learned from the Internet that a convicted rapist is currently being housed at the homeless shelter at the county airport, one of the shelters slated for closing, whose residents would be transferred to the Grasslands shelter.

A second meeting has been scheduled for this Thursday, February 21. Supervisor Feiner has written a letter (dated February 13) to area residents inviting them to this meeting and spelling out the benefits of extending the WestHelp lease. The community will be asked to vote at the February 21 meeting. Mrs. Moroney noted that she expects that the vote will be to extend the lease for 10 years. WestHelp is a well-run facility and provides support services that are not available at other homeless shelters in the area.

CGCA members raised concerns about the proposed payment of funds if the WestHelp lease is extended. Current proposals indicate that over the 10-year lease, each year annual payments would total $400,000 to the Town, $700,000 to the Valhalla School District and $100,000 to the Mayfair-Knollwood Civic Association. It is unclear what provision of law would allow such disbursements to be made.

HANDICAPPED PARKING SPACES INSIDE TOWN HALL

Ella Preiser informed CGCA members that Greenburgh has designated "parking spaces" inside Town Hall for those who must use wheel chairs. The table at the rear of the auditorium has been removed, and the town has placed blue tape on the floor to outline where wheel chairs may "park." Front row aisle seats have also been designated for the disabled.

Mrs. Preiser noted that the reason that the Town has designated these seating arrangements appears to stem from a regular lack of seating at Planning Board work sessions. At the January 15 meeting, the Conference Room was full, and people were forced to stand in the hallway where it is difficult to hear discussions. Bob Reninger complained. He contacted a lawyer regarding the Americans with Disabilities Act. A town staff member denied there was any lack of seating. Mr. Reninger contacted the lawyer again. Mrs. Preiser noted she also wrote to Planning Board members urging them to hold work session meetings in the auditorium. Since January 30, 2002, all Planning Board work sessions have taken place in the auditorium.

COUNCILMAN BASS INTRODUCES "MCMANSION" LAW

At the Town Board meeting orb January 23, 2002, Councilman Steve Bass introduced proposed legislation that would establish floor area ratio (FAR) requirements, limiting the size of homes that could be built in residential districts. The Town Board passed a formal resolution referring the proposed legislation to the new Planning Commissioner, Mark Stellato, for review and recommendation

Many community residents support the idea of a "McMansion" law to minimize the impact teardowns and oversized houses have on the character of existing neighborhoods. Ella Preiser stated that she is not opposed to the legislation but wants to make sure a study is done to prevent whole neighborhoods from being made non-conforming by the proposed law. She also recommended that the Town look at revising required yard setbacks (front, sides and rear). She noted that requiring larger setbacks for larger buildings could minimize both the impact and the perception of a building, from the Street and from neighboring buildings.

PLANNING DEPARTMENT TO MOVE INTO TRAILER

At its February 5 work session, the Town Board discussed providing more workspace for the Planning Department by renting a single width (12'x52') trailer. DPW Commissioner Al Regula stated this would provide almost three times the current space. (The existing space would be used for conferences and storage.) Cost to rent the trailer would be $500 to $540 a month, depending on the length of the lease, plus $812 for transport. Since it is likely the trailer would be used for three or more years, Mr. Regula was told to investigate the cost of buying rather than renting. At the February 13 Town Board meeting, the board passed a resolution to solicit bids for purchasing a trailer.

The proposed trailer would be placed on Town Hall property at the corner of the building (near the street intersection) and a linking structure would be built to connect to the outside door in the Engineering Department. Town staff recommended that the Planning Department be placed in the trailer so it will be closer to the legal, engineering and building departments. CGCA members noted this placement is important; however, visitors (applicants and community) to the Planning Department must also interface with the assessors office for tax maps and other information.

NEW PROPOSED SHOPPING CENTER, CENTRAL AVENUE

Dennis Dilmaghani, the owner of the former European Health Spa and adjacent carpet store on Central Avenue, has presented an application which involves tearing down the two existing buildings and erecting a unified shopping center on the combined 4.3-acre parcel. The proposed center would include 32,000 square feet of retail space (24,000 square feet on the upper level and 8,000 square feet on tie lower level) and parking for 160 vehicles. In order to achieve the necessary parking, retaining walls 25-30 feet high would be needed next to the Edgemont High School ballfields. Madelon O'Shea noted the; community is concerned about possible blasting, and also safety at the nearby intersection, which is a designated school crossing. The Planning Board began discussing the application at its February 6, 2002 work session. Discussion will continue at the March 6 Planning Board work session.

PUBLIC ACCESS CABLE TELEVISION

Supervisor Feiner appointed two new people to the Cable Advisory Board and schedules. a meeting of the board to be held on January 29 at 7:30 p.m. at the Library. Several CGCA members attended the meeting. It appeared that some of the new members know very little about public access cable television.

Mr. Feiner did much of the talking at the meeting and little was accomplished. It was noted that there were 28 requests for new public, access cable programs and there were questions about how to accommodate these requests. At the suggestion of CGCA members, it was agreed to purchase additional tape decks so that the hours of broadcasting could be extended. A date for a second meeting was established - either February 11 or 12 - and Mr. Feiner noted he would not chair the next meeting. Town Clerk Alfreda Williams said that she would act as chair. Library staff, after giving 15 minutes warning, assured that the meeting would end at 9 p.m. They walked into the room and turned out the lights. People quickly departed.

CGCA members learned last week that the next Cable Advisory Board meeting was scheduled for 7:30 p.m. on February 19 - the same night as the regular CGCA meeting. At the February 13 Town Board meeting, several residents stated that it was disrespectful to schedule the meeting the same night as the CGCA meeting. They also questioned why Del Hillgartner had not been appointed as Chair of the Cable Advisory Board, since Mr. Feiner told CGCA members at the January 8 meeting that h4; had asked Mr. Hillgartner to serve as chair. To add insult to injury, the Cable Advisory Board liaison, Town Clerk Alfreda Williams, took over the room at the Multipurpose Center that was set up for tonight's CGCA meeting. The CGCA was forced to move into the large meeting room, which was cold and has poor acoustics.

CGCA members agreed Greenburgh's public access cable television has continued to deteriorate. It was noted there is ample funds to improve it. In the first seven years of the existing (;able Franchise Agreement the Town received more than $2.7 million from the cable company. During the same time period the Town has spent only $418,000 (15.3%) on public access cable television.

MISCELLANEOUS

Tatter Ridge, East Irvington. Danny Gold reported that work is progressing to purchase and preserve the 200-acre parcel on Taxter Road currently owned by the Unification Church. Now that the Committee to Save Taxter Ridge has a commitment for funding from Greenburgh arid Westchester County, the committee is moving forward to obtain funding from the state.

East Hartsdale Avenue - Veterinary Hospital. On February 6, the Planning Board held a public discussion on the request for a special permit to operate a small animal hospital on :East Hartsdale Avenue. The hearing was closed and the record was kept open for two weeks. It is likely that the Planning Board will recommend approval to the Town Board, which has the authority to issue the special permit. The Hartsdale Contextual Review Committee previously reviewed the application. CGCA members continue to support this application.

Trader Joe's - Central Avenue, Hartsdale. At its February 6 work session, the Planning Board adjourned making a recommendation to the Town Board for site plan approval for this proposed specialty grocery store until the February 20 meeting because of significant public controversy regarding traffic raised by residents in the area, including The Colony. The applicant has applied for a waiver from the Moratorium Law, but a public hearing on the application has not been scheduled. The ,agenda for the February 13 Town Board meeting listed that the Town Board would vote to declare its intent to be lead agency under SEQRA; however, the item was removed from the agenda at the request of the Town Attorney.

Kathwood Road Subdivision, Hartsdale. The applicant seeking to re-subdivide this property along Kathwood Road obtained a waiver from the Moratorium Law from the Town Board on January 3, 2002. The applications for a zoning variance and subdivision approval may now be processed. However, the Planning Board has adjourned discussion on making a SEQRA determination until the new Planning Commissioner, Mark Stellato, has an opportunity to review the application.

Home Depot - Mount Pleasant. Alice Moroney reported that the Mount Pleasant Planning Board has scheduled a public hearing for March 7, 2002, at the Mount Pleasant Town Hall to consider the Home Depot offer to reduce the size of the proposed store and provide more wetlands mitigation. The Mount Pleasant Planning Board previously denied Home Depot's request for site plan approval and a wetlands permit. The matter is before the appellate court.

Midway Shopping Center - Central Avenue. Madelon O'Shea reported that the owners, lawyers, engineers and architects for Midway Shopping Center have been hosting afternoon teas for residents who live behind the shopping center. The object is to win support for the proposal to expand acid renovate the shopping center. Edgemont residents support renovation but oppose any expansion.

Venetian Delight - Central Avenue, Hartsdale. On January 16 and February 6, the planning Board discussed in work session the applicant's proposal to open a restaurant in the adjacent space at the MidCentral Shopping Center. A special permit from the Planning Board is required. The existing restaurant also requires a special permit. The Planning Board has scheduled a Public Hearing for February 20. It was noted that the applicant also must obtain a waiver from the Moratorium Law.

Historic Preservation Law. Madelon O'Shea reported that she has agreed to work with some members of the Planning Board to develop a historic preservation law for Greenburgh. She noted that Town historian Frank Jazzo is currently undertaking a study of old barns in town. She also noted that the Town Board held a public hearing on January 23 for a waiver from the Moratorium Law to permit an application for subdivision of the property on Old Army Road that contains a slave quarter".

East Hartsdale Avenue Merchant Hurt by Farmers Market. Stephanie Bellino noted that the Town Board met in work session with the owner of the florist business on East Hartsdale Avenue The woman presented dollars and cents proof that her business suffers during the months that the Farmers Market is open. She cannot compete with Farmers Market tenants who pay only $600 a season for a booth. Other East Hartsdale Avenue merchants claim they also are being negatively impacted.

New Proposed Subdivision - Old Tarrytown Road. At its regular meeting on January 23, 2002, the Town Board held a public hearing on a waiver from the Moratorium Law to permit a subdivision application to be processed for J & J Estates for property on Old Tarrytown Road, near Hillside Avenue. The property currently has an existing house and the subdivision application requests that five additional houses be permitted. There are some steep slopes on the property. The Town Board has not yet decided whether to grant the waiver from the Moratorium Law.

Town to Ban Circus Animals. Several CGCA members reported that a number of community members have noted they are unhappy with the Town Board's decision to enact legislation barring circus animals from appearing in Greenburgh.

New Town Hall/Library. A CGCA member questioned whether there have been any meetings and/or discussions regarding the search for a new Town Hall/Library site. It was noted that Supervisor Feiner has not provided any updates. However, at the February 13 Town Board meeting, a resident questioned the status of the search. DPW Commissioner Al Regular responded that WASA (a consultant hired by the Town) had been in the field last week working on a "fit" study for the driving range parcel on Dobbs Ferry Road.

Work Ongoing at Hillside Avenue Site. Cleo Oliver reported that quite a bit of work is taking place at the site of the "SCI" building, which the Town Board last year recommended purchasing For a new Town Hall/Library. Additional housing is being built on the adjacent property and piping and other infrastructure are being installed. Lights have been observed inside the building at night. A question was raised as to whether the Town Board is still secretly considering this site for a municipal building.

Group to Address Energy Needs. Francis Sheehan noted that Phillip Chonigman asked him to make an announcement that a group called Concerned Citizens of Greenburgh and Citizens for Safe Energy is being formed to address energy needs in this area. While members of the group may be opposed to nuclear power plants, instead of just saying "Shut down Indian Point," they want to have answers about where to get 2,000 megawatts of electricity. They intend to hold forums and invite both sides. They welcome any groups interested in co-sponsoring an event. They will be holding a meeting on Saturday, March 9, 2002, at the Theodore D. Young Community Center. All are invited.

Supervisor Feiner "invents" executive powers? At the January 23, 2002 Town Board meeting, a question was again raised about why Supervisor Feiner rather than the Town Board is establishing policy about who can use Town Hall for evening meetings. Town Law Section 51 states that the Town Board determines policy. Mr. Feiner stated that he was writing to the State Attorney General for an opinion regarding Section 52 of Suburban Town Law.

Town Will Not Change Garbage/Recycling Schedule. Ella Preiser noted that she spoke with DPW Commissioner Al Regula about the suggestions made at the January 8, 2002 CGCA special meeting with Supervisor Feiner. Mr. Regula informed her that there is no way to implement the suggestion that local areas be designated as places for residents to drop off either recycling material or garbage.

It's illegal! "That hasn't stopped us in the past."

At a work session prior to the Town Board meeting on February 13, 2002, Town Board members met with the Hastings-on-Hudson Affordable Housing Committee to discuss a developer': proposal for providing affordable housing on a foreclosed property on Division Street and Warburton Avenue. The developer proposes to build retail on the first level and 15 rental units (9 of them affordable:) above. The Town is owed back taxes of more than $224,000 on the property. Supervisor Feiner wants the Village of Hastings-on-Hudson to pay at least half of that amount. The village is also owed $50,OOG in back taxes but is willing to waive repayment.

Near the end of the work session, Mr. Feiner made a suggestion and was told that it was illegal. He responded: "That hasn't stopped us in the past." Mr. Feiner then turned to Ella Preiser and said, "I know that statement will make the Council [CGCA] minutes."

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