Minutes of Meeting - February 21, 2006

The Council of Greenburgh Civic Associations (CGCA) seeks to provide information and to advance the common interests of member civic groups in important Town affairs. CGCA Treasurer Mary Tobias has reported receiving dues for the year 2006 from the following civic groups:

Ardsley Estates Civic Association
Ardsley - Hillcrest Park Civic Association
Babbitt Court Civic Association
Beaver Hill Association
Birchwood Civic Association
Broadview Civic Association
Donald Park Civic Association
Fort Hill Association
Fulton Park Civic Association
Greenridge Association
Hartsdale Highlands Civic Assoc.
Hillside Wyndover Civic Association
Hilltop Farms Civic Association
Homestead Owners Corp.
Juniper Hill Civic Association
Knollwood Neighborhood Civic Association
Longview Association
Mayfair-Knollwood Civic Association
Northern Greenville Association
Parkway Gardens Civic Association
Parkway Homes Civic Association
Rex Ridge Apartment Corp.
Secor Homes Civic Association, Inc.
Stone Oaks Condominium
The Colony at Hartsdale
The Edgemont Association
The Sprain Road Association
Westchester Hills Condominium
Woodhill Civic Association

To date, thirty civic groups paid dues for the year 2006. There is $1,394.66 in the treasury.

The meeting was held at the Theodore D. Young Community Center. "Happy Birthday" greetings were extended to Thelma Washington.

QUESTIONS RAISED RE PROPOSED LIBRARY EXPANSION

Robert Reninger reported that the Library Board has not provided members of the Broadview Civic Association with answers to basic questions such as how high the proposed addition to the Library will be or even where the lot lines are located. He said during the last year, without success, Broadview has asked Town Attorney Tim Lewis to obtain a title search. Mr. Reninger noted copies of the proposed plans have not been presented to the public and when he tried to look at plans that were available at a recent Town Board work session, the plans were snatched away. He said he went to the Library today and finally obtained a copy of the plans. After studying the plan, he found it was labeled incorrectly - e.g., the south elevation is actually the west elevation. He said the Library should conform to the generally accepted standards the public expects from all applicants. He noted there were rumors that the Library Board may ask the Town Board to be exempt from the site plan approval process.

Ella Preiser reported that the ZBA opened a public hearing on the Library's request for a height variance on February 16, 2006. Under the Zoning Ordinance a municipal building potentially could be 75-feet high. However, because the addition will be attached to the existing building, which sets very close to Route 119, a height variance of 10 3/4-foot is required for the proposed sloping roof, which has a mean height of 39-feet, 3-inches. At the hearing, Mr. Reninger pointed out that the legal notice of the public hearing was defective because both the property lot number and the provision of the code to be varied were listed incorrectly. The ZBA took testimony at the hearing, but adjourned the case to the March 16 ZBA meeting. A new legal notice will be issued. It appears a parking variance may also be necessary if it is determined that there are fewer parking spaces than the Zoning Ordinance requires.

Hal Samis commented that the Library Board has held no public informational meetings since the referendum was passed. He said he fails to see the logic of placing the main floor - where books, reference materials, etc. are kept - up one flight from the main entrance. Bill Greenawalt said he also was troubled by the placement of the main floor. Mr. Samis said the design would be "locked in" within the month and appears to be driven by the placement of the 200-seat auditorium. He raised concerns about unsafe access/egress. He presented a site plan (dated January 2006) that showed what appears to be unsafe traffic circulation in the parking lot near the main entrance door. He also noted the number of parking spaces on the site plan did not equal the 160 spaces referred to in the referendum. He said there was no longer a plan to garage the cybermobile. Mr. Samis read a letter he had drafted on behalf of the CGCA, addressed to the Library Board, urging opportunities for public input on the proposed expansion.

CGCA representatives discussed the issues and agreed that Mr. Reninger and Mr. Samis had raised some valid points. Mike Sigal said the CAC had not reviewed the plans. Deborah Bloom said she was not concerned about where the auditorium was located or whether one had to use an elevator to reach the main floor, but was concerned by the apparent secretiveness. She said she would find it troubling if the Library asks to be exempt from the planning process. She noted the exemption from the process the Town Board granted the Hartsdale Fire Department was not comparable since only the fire department would use the firehouse while the Library was open to the public. During a lengthy discussion, concerns were expressed about access and traffic circulation. It was agreed that the CGCA would write a letter to both the Library Board and Town Board expressing CGCA concerns.

DISCUSSIONS CONTINUE RE AVALON GREEN II

Danny Gold reported that representatives from the Village of Elmsford attended the Town Board work session on February 7, 2006, to discuss improvements on Route 119 that Elmsford would like the developer of Avalon Green II to provide, even though access/egress is no longer planned using village streets. The latest proposal would have all access/egress from Taxter Road for the proposed 444 rental apartments. Mr. Gold reported that a representative from the Village of Irvington also attended the work session and informed the Town that Irvington had not received copies of the Final Environmental Impact Statement (FEIS) and was concerned about the possible impact of traffic on Irvington streets. Mr. Gold told CGCA representatives he believed most traffic from the development would go directly from Taxter Road to Route 119, but he agreed that Irvington should be provided with copies of the FEIS and all other information about the project. Mr. Gold said that Supervisor Paul Feiner sent an email today inviting Irvington to send a representative to sit on a joint Planning Board regarding the project.

Town Councilman Francis Sheehan told CGCA representatives that the Town was still awaiting additional information before the FEIS could be declared "complete" and ready for circulation. He noted that Planning Board Chair Fran McLaughlin mentioned at a Town Board work session that school buses cause a back up on Taxter Road because they are not allowed to make a right turn at a red light. She inquired about the need for another turning lane off of Taxter Road. Mr. Gold said he wrote to the state DOT suggesting an additional left turning lane from Route 119 to Taxter Road because the one existing stacking lane fills to capacity and causes traffic to back up on Route 119.

HOUSING AUTHORITY REQUIRES NEW VARIANCES

On January 19, 2006, the ZBA voted to re-open its decision of November 2003 regarding variances granted to the Greenburgh Housing Authority (GHA) to construct senior citizen residential units on Manhattan Avenue. On February 16, 2006, the ZBA opened a public hearing on the new request for yard setback variances in order to legalize a rear yard utility room and a side yard roof overhang. Heavy rains on June 29, 2005 flooded the basement of the building under construction, and the GHA decided to put the heaters and hot water heaters in a utility room in the rear yard. The GHA did not seek amended building permit approval or additional variances. Non-compliance with the variances granted in 2003 and the building permit application was discovered when the "as-built" survey was submitted and a Certificate of Occupancy was requested. A neighbor pointed out at the hearing that there was always water on the site. The ZBA adjourned the hearing to March and will ask for additional information.

MORE QUESTIONS RE 297 KNOLLWOOD ROAD PROPERTY

Robert Reninger reported that the Broadview Civic Association has discovered new information about the office building at 297 Knollwood Road. In October 2005, the Building Department issued a work permit for approximately $150,000 of renovations to the building. Mr. Reninger noted that the Building Inspector did not require a zoning compliance chart for this work permit. It is possible the building no longer complies with the site plan approval.

The ZBA public hearing (1/19/06) on the variance application to convert the 5th floor penthouse at 297 Knollwood Road to office space was adjourned to the March ZBA meeting. At the ZBA hearing, Mr. Reninger testified that the ZBA in 1977 unanimously denied a request to build a five-story office building on the site. The applicant's attorney, Mark Weingarten, appeared to have no knowledge of the 1977 case even though he had represented the current owner when the building was purchased. Lorrin Brown, a real estate agent, told CGCA representatives that it is an attorney's duty to tell a potential buyer about variances and/or any non-compliance on a site.

HEALTH CENTER GRANTED SPECIAL PERMIT - NOW SEEKS VARIANCES

On February 8, 2006, the Town Board granted the Mount Vernon Neighborhood Health Center (formerly the Greenburgh Health Center) a Special Permit to operate a medical clinic at 295 Knollwood Road, even though the Broadview Civic Association's (BCA) questions about procedure remained unanswered. The Health Center must now seek variances from the ZBA and site plan approval from the Planning Board. The ZBA is scheduled to hear the case at its March meeting. Robert Reninger told CGCA representatives that the BCA would continue to be active regarding this case. He noted that since this case involved legislative action by the Town Board, there is a six-year statute of limitations for bringing legal action. He said the BCA would not waste a lawsuit on procedural issues.

PRELIMINARY DISCUSSION ON "CLUSTER" LAW SCHEDULED

Ella Preiser reported the Planning Board has scheduled a "preliminary" Public Discussion for March 1, 2006, on a proposal to adopt a Zoning Ordinance amendment permitting "Cluster" subdivisions in Greenburgh. Actual wording of the proposed amendment has not been submitted. Deputy Town Attorney Janet Insardi wants more input from the Town Board and Planning Board before drafting the legislation and she presented (1/17/06) a "fill-in-the-blanks" document. The Planning Board discussed the document at it work session on February l, 2006. The owners of the Westchester Golf Driving Range property on Dobbs Ferry Road are seeking approval to build a 36-house clustered subdivision on the 32-acre site. Mrs. Preiser told CGCA representatives that any amendment to the Zoning Ordinance would apply to all of Unincorporated Greenburgh and the CGCA should carefully monitor this issue.

TOWN TO RENT TOWN HALL SPACE TO CREDIT UNION

Ella Preiser told CGCA representatives that at tomorrow's meeting the Town Board plans to authorize leasing a portion of the space on the second floor of Town Hall, above the Town Clerk's office, to a credit union. The former AT&T Credit Union has pursued renting the space for almost three years and changed its charter so it could serve everyone. Town Councilman Francis Sheehan noted that the credit union agreed to all of the conditions the board suggested. The proposed rate was increased from $20 to $23 per square foot. There will be no external signage and the premises must be vacated within six months of notice if the space is needed. It will be a "cash-less" operation, without even an ATM, since Police Chief John Kapica expressed concerns about security. The credit union will not be given keys to the building and will operate only during hours the Town Hall is open. Mr. Sheehan said he would rather the Town receive $20,000+ annually than have the space continue to sit empty.

Mrs. Preiser questioned whether the space had been declared surplus. She said she continues to have concerns because there is inadequate space at Town Hall for some functions - e.g., there is not a meeting room of sufficient size for the public to attend deliberative sessions of the ZBA. Mr. Sheehan said the ZBA would not use the second floor room. Thelma Washington questioned how a cash-less operation would work. Danny Gold responded that a credit union conducts much of its business - such as granting loans - by email or telephone or fax. Hal Samis noted that the credit union responded to a Request for Proposal almost three years ago for a three-year lease for 1,800 square feet, but is accepting considerably less space for a longer lease term. He said there was no justification for turning Town Hall into a commercial enterprise. Mr. Samis said $20,000+ annually is meaningless considering the size of the Greenburgh budget.

TOWN HALL SPACE TO BE RECONFIGURED
TO ACCOMMODATE CABLE STUDIO & LEGAL DEPARTMENT

Elinore Gordon questioned whether previously announced space needs at Town Hall - for the Legal Department and for a cable studio - have been resolved. Town Councilman Francis Sheehan responded that the Town Board approved reconfiguring part of the space used by the Assessor's office to create additional offices and a conference room for the Legal Department. Mr. Sheehan noted that the Town Council agreed at the work session on January 31, 2006 that a cable studio would be created in the space currently used as a mailroom, which is adjacent to the cable control room. He pointed out that if the cable studio were built on the second floor, it would be necessary to hire an additional employee if the studio were used when a board meeting was being televised live. The mailroom would be moved to the space currently occupied by offices used by Philanthropy, Energy, and the Historian. The second-floor room, part of which is currently used as a cable studio, would be reconfigured. Part of this room will be leased to the credit union and part of the room will be converted to office space and storage space.

CGCA TO SEEK INFORMATON ABOUT SANITATION SCHEDULE

Danny Gold indicated that he was satisfied with the current sanitation schedule, but others expressed displeasure with the current schedule, which limits garbage pickups to once a week during holiday weeks and limits pickups of recyclable material to every other week during much of the year. Elinore Gordon noted that residents appear unaware of the schedule and frequently set out everything or the wrong materials. Ella Preiser mentioned that she missed a paper pickup one Wednesday because it was raining and quickly realized she would now have to save four-weeks worth of papers. However, she said she would rather save papers than smelly garbage for a whole week. Thelma Washington said collecting garbage should be more important than collecting newspapers and bottles and cans. Mike Sigal noted that there is only one material - garbage - that attracts rats.

Ms. Gordon questioned whether there was a financial reason for the schedule. It was noted there is more development but the Town hired five (5) additional sanitation workers over the past two years. The Town has never responded to the request for an accounting. Robert Reninger suggested that the CGCA ask for financial information and tonnage figures of various materials collected for the past three years. It was agreed that the CGCA should seek the information from the Department of Public Works.

MEDIATION - PROCESS AND PURPOSE

• Ella Preiser and Mike Sigal provided information on the "Mediation" process. To date, three meetings have taken place - on January 19, January 31 and February 14 - at the White Plains office of retired State Supreme Court Judge Samuel Fredman, who the Town Board hired to mediate the "Taxter Ridge" lawsuit decision that Bob Bernstein won in February 2005. The three meetings were attended by:
• two Town Board members - Diana Juettner and Francis Sheehan (Steve Bass substituted for Mr. Sheehan at the meeting on January 19, 2006.)
• litigant Bob Bernstein (on January 31) and his representative Michelle McNally (all three meetings)
• five residents of Unincorporated Greenburgh - Hermon Lockhart, Jack McLaughlin, Ella Preiser, Mike Sigal and Carol Wielk
• Town Attorney Tim Lewis

No one from the six incorporated Greenburgh villages or the Village Officials Committee (VOC) attended any of the meetings but the VOC notified the Town Board and Judge Fredman that its members were given no advance notice of the February 14 meeting. To assure that proper notice is given to all possible participants, the next meeting will be held in six weeks on March 28, 2006. It is unclear whether the VOC will participate in mediation now that the Town Board filed an appeal (2/9/06) of the court decision Mr. Bernstein won on behalf of Unincorporated Greenburgh taxpayers.

Danny Gold asked what was the purpose of mediation since the appeal was filed. Mr. Bernstein has stated he will not mediate and litigate at the same time. Mrs. Preiser and Mr. Sigal noted that they were not at liberty to discuss certain things because they were bound by a confidentiality agreement. However, Mr. Sigal did read from the resolution the Town Board adopted on December 14, 2005, hiring Judge Fredman. The resolution indicates mediation is about more than just Taxter Ridge and involves mediation of budgetary issues between the Villages and Unincorporated Greenburgh.

Mr. Gold mentioned that it was reported in the village newspaper that the Ardsley Mayor found papers from former State Assemblyman William Finneran that seemed to shed light on and support the position that the "B" budget (paid only by Unincorporated taxpayers) should be charged for Town parks. Mr. Sigal said he had seen the letter, which was written about four months before the "Finneran" legislation was adopted in Albany. He noted it was a political letter that would have no official standing.

STATE COMPTROLLER RESPONDS TO REQUEST FOR OPINION ON SIDEWALKS

For the past several years, residents throughout Unincorporated Greenburgh have asked the Town Board to install sidewalks in various areas of the Town to insure safe pedestrian access. The Town Attorney

has frequently opined that in order to install a sidewalk, a sidewalk improvement district must be established and the abutting property owners must be charged for the cost of construction. Property owners would also have to accept liability and be responsible for clearing snow and ice from the walk. On April 11, 2005, Town Attorney Timothy Lewis wrote to the Office of the State Comptroller seeking an opinion on whether the Town could construct, install or maintain sidewalks without taxing abutting property owners.

Ella Preiser reported that Mr. Lewis received a response, dated January 20, 2006, from the State Comptroller's Office. The opinion states that the Town Board has various options.

• The Board can adopt a local law authorizing sidewalk construction/repair along any highway but the cost must be assessed against the entire Town, including the Villages.
• The Board can establish a sidewalk district and tax all property owners who will benefit from the district.
• The Board can adopt an ordinance and direct abutting property owners to construct a sidewalk. Or alternately the Town can construct the sidewalk and assess the cost against benefited properties or apportion the cost between the town and the abutting owners.
• The Board can construct the sidewalk and charge the cost to the benefited area, to Unincorporated property owners, or partly against each.

STATE COMPTROLLER OFFERS OPINION ON CABLE TELEVISION REVENUES

Among the issues raised in the Special Committee on Budget Allocation (SCOBA) report (9/20/05) was whether the $500,000+ that the Town receives from the Cable TV Franchise Agreement was properly credited to the "B" budget (credited to Unincorporated Greenburgh only). The Franchise Tax is a 5% pass-along tax that Unincorporated Greenburgh cable TV subscribers pay. Apparently there is no state law that specifically permits such revenues to be credited to the `B" budget. On October 25, 2005, Supervisor Paul Feiner wrote to the Office of the State Comptroller seeking an opinion on this issue.

Ella Preiser informed CGCA representatives that the Office of the State Comptroller issued an opinion, dated February l, 2006, confirming the Town's current practice. The opinion notes that since the franchise agreement applies to only Unincorporated Greenburgh, the revenues must be credited to the Unincorporated Greenburgh ("B" budget) general fund.

FUNDS NEEDED TO PURCHASE EMERGENCY GENERATOR MORE THAN DOUBLE

Ella Preiser reported that at the work session on January 24, 2006, the Town Board was informed a $75,000 grant the Town was awarded to purchase an emergency generator was due to expire in June. The Town had already received two extensions on this grant. The generator was to be placed at the Multipurpose Center at Anthony Veteran Park, which would be used to house senior citizens and others and to supply heat/air conditioning in the event of a major power outage. When the Town went out to bid on the generator, the lowest bid was for more than $103,000. The Town allowed the bid period to lapse. The Town Engineer estimates the cost now would be $175,000 including $6,000 to rebid.

Elinore Gordon asked why the Town didn't consider purchasing a smaller generator. Town Councilman Francis Sheehan explained that the purpose was to house as many people as possible. Because of demand, the 2005 production year supply is already committed. Prices have skyrocketed and generators are on back order. Mr. Sheehan explained that the circuitry necessary to have the generator turn on automatically when the power goes off and turn off when the power comes back on is very expensive. Robert Reninger noted that recently a local municipality had major electrical problems at its Town Hall when the generator did not turn off when the power supply returned.

The Town Board has also discussed eventually purchasing emergency generators for both the Town Hall and the Theodore D. Young Community Center. The Police Department already has a generator.

RESIDENTS SEEK FURTHER REVIEW OF SEWER DISTRICT TAXES

Ella Preiser told CGCA representatives that Greenburgh resident Dominick Caratozzolo asked her to read and comment on research he and Stuart Vogel had done regarding the Federally Assisted Sewer District #4 which serves properties on Sprain Valley Road, Highpoint Lane and Highpoint Terrace. Their research appears to indicate that proper procedures were not followed and some taxpayers have been overcharged. In addition, there has been no annual review to ensure that new houses constructed in the district would be properly taxed. Mr. Caratozzolo and Mr. Vogel believe problems may also exist in other sewer districts. They presented their research to Town Board members at a work session on January 17, 2006, and asked the Board to hire a forensic accountant to review the issues.

Francis Sheehan told CGCA representatives that the Town Board made an offer to Mr. Caratozzolo and Mr. Vogel. If they were overcharged, the Town would pay for the audit. If they weren't overcharged, the sewer district would pay for the audit. Mike Sigal said there was also an issue of whether the claim was made in a timely fashion.

MISCELLANEOUS

Proposed Dobbs Ferry Road Subdivision Pulled from Agenda. The Robert Martin Company (RMC) proposal to create an eighteen-lot subdivision (Carriage Hill) off of Dobbs Ferry Road and connecting to Westchester View Lane has been removed from the Planning Board's agenda. On Saturday, January 21, 2006, members of the Planning Board paid a site visit to the property (14+ acres) and observed an unmarked stream. RMC will need to reconfigure the lots and submit new plans. Mike Sigal commented that the CAC had not reviewed the application.

New Restaurant Proposed for Midway Shopping Center. The attorneys representing Panera Bread are currently negotiating with the owners of the Midway Shopping Center on Central Avenue to lease part of the 8,000+ square foot space currently occupied by the Red Lobster restaurant. The attorneys are seeking a Change of Occupancy Permit and Building Permit without the need to apply for Planning Board review. It appears the center is also negotiating with another restaurant to fill the remaining space currently occupied by Red Lobster.

Furniture Store Seeks FAR and Parking Variances. On February 16, 2006, the ZBA opened a public hearing on the application of Montaage Furniture on Central Avenue near North Washington Avenue for variances to double the permitted floor area ratio (FAR) and decrease the required number of parking spaces. The store has been using the basement storage area illegally as selling space. The applicant argued that furniture stores generate fewer cars than other retail stores. A traffic report was submitted late and the ZBA adjourned the case.

Flooding a Major Problem in Greenburgh. Thelma Washington reported that flooding is a problem in her area. During storm events, water from the Bronx River enters into homes in her neighborhood. Danny Gold mentioned that the river frequently causes mud on Virginia Road during heavy rains. It was noted that flooding also occurs from the Bronx River in Hartsdale, from Manhattan Brook in Fairview, from Troublesome Brook in Edgemont, and from the Saw Mill River in the Elmsford/North Elmsford area. There does not appear to be any movement toward rectifying the problems.

Winding Farm Estates Subdivision to Get Sewers. Ella Preiser reported that at the Planning Board meeting on January 18, 2006, although it was not on the agenda, the attorney representing the applicant for the Winding Farm Estates subdivision advised the Planning Board that all of the newly created lots will be connected to sewer lines. Previously some of the lots were to be served by septic systems because of issues concerning the private road.

Volunteers Needed to Fill Vacancies on Boards/Commissions. Danny Gold asked what was happening concerning the vacancies on the Zoning Board of Appeals and other boards. Town Councilman Francis Sheehan responded that the Town Board has re-appointed department heads but has not yet filled vacancies and/or re-appointed members to the Town's numerous boards and commissions. Mr. Sheehan noted that sitting members usually continue to serve until re-appointed or replaced. Many vacancies exist and volunteers are needed.

Executive Session Held on Unresolved Hampshire Management Issues. Ella Preiser reported that the Town Board held an Executive Session on February 14, 2006, to discuss a resolution of the issues raised by residents of The Colony regarding Hampshire Management. It has been rumored that the Town will require that the electrical transformer be moved from its position near The Colony's lot line.

New Attorney Hired re Fortress Bible Lawsuit. Danny Gold inquired about the status of the Fortress Bible Church lawsuit. Town Councilman Francis Sheehan responded that the case will be heard in April (instead of February) because the Town has hired outside counsel, Kevin Plunkett, an expert on religious land use. Previously the Town was represented by its insurance company's attorney.

Talks Continue on Proposed Tree Law. Ella Preiser reported that she and Michelle McNally have met with Planning Commissioner Mark Stellato and Deputy Commissioner Thomas Madden about proposed changes to the Town's Tree ordinance. Another meeting is scheduled for February 27, 2006.

Planning Board Hears MSG Request for Helipad. On February 15, 2006, the Planning Board held a public discussion on Madison Square Garden's (MSG) request for an amendment to the Zoning Ordinance to permit a helicopter landing site as a permitted accessory use for professional sports training facilities. Ella Preiser said she conveyed the CGCA's position opposing this code change. She indicated zoning laws should not be created for the convenience of any company's CEO.

Town Requires "Advanced Signup" for Public Comment. Is it Legal? Persons wishing to speak during the Public Comment period at Greenburgh Town Board meetings are required to sign index cards in advance of the meeting. This policy apparently is not legal. An Ardsley Trustee advised the Town Board that the Committee on Open Government issued an advisory opinion (8/30/02) stating that since the Open Meetings Law provides the public the right to attend meetings, it follows that persons cannot be compelled to disclose either their names or their addresses.

Stacked Boxes Create Unattractive View. Lorrin Brown pointed out that one of the first things visitors to Town Hall see are corrugated boxes stacked against the glass windows in the second floor room above the auditorium.

"Nude" Painting Causes Controversy. Ella Preiser informed CGCA representatives that on February 7, 2006, she was asked her opinion regarding a painting at Town Hall. A watercolor of a bare-breasted woman was hung over the water fountain (between the Women's and Men's restrooms) on the first floor of Town Hall. The painting caused a great deal of discussion and controversy and was subsequently moved to the hallway outside the auditorium near the door of the cable studio. The following day (2/8/06) the painting disappeared from that location before the Town Board meeting.