CGCA Treasurer Mary Tobias has received year 2004 dues 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
Chatterton Parkway Civic Association
East Irvington Civic Association
Edgebrook Cooperative, Inc.
Fort Hill Association
Granada Condominium III Association
Hartsdale Highlands Civic Assoc.
Hillside Wyndover Civic Association
Hilltop Farms Civic Association
Homestead Owners Corp.
Knollwood Manor Civic Association
Mayfair-Knollwood Civic Association
North Elmsford 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 Edgemont Association
Westchester Hills Condominium
Woodhill Civic Association
Woodlands-Bradley Civic Association

The town’s Alcohol Law prohibits the public consumption of alcohol on parkland. At its meeting on February 25, 2004, the Town Board opened a public hearing on proposed amendments to the law that would permit the Greenburgh Nature Center (GNC) to serve alcohol at its facility at two fundraising events a year. Members of the Board of Directors of the GNC stated the GNC could raise more funds if wine and beer were served but provided no information about the dollar difference. GNC board members said they carry $4 million in liability insurance and would agree to hold the Town harmless in the event of an accident. David Kreiness questioned whether $4 million was adequate. A GNC board member replied that liability insurance in an amount greater than $4 million is prohibitively expensive. Francis Sheehan urged consistency and stated that safety, not money, should be of primary importance. He asked whether the GNC had sought input regarding safety from Police Chief John Kapica. The GNC board had not. In three trips to the microphone, Chief Kapica expressed strong opposition to the proposed amendments. He noted alcohol affects each person differently and questioned efforts at monitoring consumption. He stated that a Town Board vote to allow consumption of alcohol on Town parkland would set a poor example and could expose the Town to enormous liability claims. Several CGCA representatives telephoned Dial Democracy in support of Chief Kapica’s position. Madelon O’Shea suggested the Town Board place the extra money the GNC needs in the Town’s budget.

The Greenburgh Parks & Recreation Advisory Board supported the proposed amendments. Richard Garfunkel, a member of the Parks & Rec board, stated: "I know our group did discuss it. Our group did support it. And our group did analyze and talk about liabilities and the distinction between the so-called blue-collar and white-collar effect of the consumption of alcohol. And we know that. I think we’re sophisticated enough here to understand that." Mr. Garfunkel accused residents who did not support the proposed amendments of "nitpicking."

Although no formal vote was taken at the hearing, Town Board members did voice their opinions, which were 3 to 2 in favor of the proposed amendments. Supervisor Paul Feiner saw no difference between the Town Board amending the law to permit the consumption of alcohol on Town-owned property and restaurants on Central Avenue serving alcohol. Councilman Steve Bass said any risk "was next to zero" and Councilwoman Timmy Weinberg urged skipping "the issue of morality." Councilwoman Eddie Mae Barnes urged consistency and said any change in the law would send the wrong message to children. Councilwoman Diana Juettner supported Chief Kapica’s safety concerns. The Town Board voted to close the public hearing and keep the record open for written comments for a week. A decision on the proposed changes was adjourned until the Town Board meeting on March 24, 2004. In the interim, the Police Community Advisory Commission met and voiced strong objection to the proposed amendments. On March 24, the GNC board asked that the decision be postponed until next month to give the GNC time to do outreach and try to address the concerns raised by the community.

The purchase of the 183-acre Taxter Ridge parcel from the Unification Church for $10.9 million was announced at a press conference attended by government officials and community residents on Friday, March 5, 2004. The sale was negotiated by The Trust for Public Land and funded jointly by New York State, Westchester County and property owners in Unincorporated Greenburgh. An adjacent 17-acre parcel owned by the church was purchased by the Village of Tarrytown. The Town Board will dedicate Taxter Ridge as parkland on Saturday, April 3, at 9:30 a.m.

At the Town Board meeting on February 25, 2004, several community residents expressed opposition to the Town Board’s intention to use the Greenways Fund toward the purchase of Taxter Ridge. Voters in Unincorporated Greenburgh approved the establishment of a Greenways Fund in November 1997 to acquire and preserve open space to benefit Unincorporated Greenburgh residents. The fund was financed by a tax of one-half of one percent on Unincorporated Greenburgh property for a period of six years – from 1998 to 2003. The Town Board chose not to renew the legislation. During the six years, the Town provided no information about the Greenways Fund balance. At the February 25 meeting, it was revealed the Town used $656,633 from the fund in 2002 to purchase Glenville Woods and planned to use the remaining fund balance ($233,000+) toward the purchase price of Taxter Ridge. Several residents opposed the idea of depleting the fund and raised questions about the lack of fairness – taxing only Unincorporated Greenburgh property owners for six years but using 100% of the funds to benefit all New York State residents, including Greenburgh village residents who didn’t pay into the fund. The majority of the Town Board was unmoved by the opposition and voted 3 to 2 to deplete the fund. Council members Eddie Mae Barnes and Steve Bass voted against the measure.

On February 18, 2004, the Planning Board voted 4 to 1 to grant preliminary approval for a three-lot subdivision that includes a flag lot on Castle Walk in Edgemont. Planning Board member Thomas McNamara voted "nay." Under the plan, an existing house would be demolished and two of the lots would front on Castle Walk. The flag lot would be located behind the two lots and accessed from Castle Walk by a driveway (flagpole) approximately 200 feet long. The flag lot also includes a second flagpole measuring 198 feet by 25 feet from Fort Hill Road. The Planning Board imposed a condition requiring a covenant and restriction prohibiting Fort Hill Road ingress or egress.

Some Edgemont residents have questioned the legality of this unusually shaped flag lot with potentially two access strips. On February 23, 2004, the Southern Greenville Civic Association filed an application with the Zoning Board of Appeals appealing the Building Inspector’s determination that the flag lot complied with the Zoning Ordinance. The ZBA has tentatively scheduled a public hearing on Southern Greenville’s appeal for April 15, 2004.

As previously reported, both the CGCA and the Edgemont Community Council have asked the Planning Board and the Town Board to revisit existing flag lot regulations in the Greenburgh Zoning Ordinance. At the Town Board work session on March 2, 2004, Planning Commissioner Mark Stellato provided information on Greenburgh’s current regulations and examples of how other communities regulate flag lots. He noted there are three approaches: "(1) permit them if they meet certain conditions such as our [Greenburgh’s] current code; (2) permit them but make it very difficult to obtain approvals; (3) prohibit them." Town Board members agreed to ask the Planning Board to review and provide input on possible changes to current regulations before proposing any new language.

At its work session on March 17, 2004, the Planning Board discussed the issue of flag lots. After considering various options, the Planning Board recommended that the Zoning Ordinance be amended to prohibit the creation of flag lots in the future.

At the request of the Planning Board, the Building Inspector issued a stop work order to Westchester BMW (Route 119) because the rectangular glass façade being constructed did not match the plans that had received site plan approval in February 2002. The approved plan included decorative arches and a sloped roof. The Planning Board discussed the issue at its work session on March 3, 2004. Representatives of BMW stated contractors informed them the original design of the roof would leak. They insisted the Town Engineer, Planning Commissioner, and Building Inspector had advised there was no need to obtain new approval from the Planning Board for the design changes. A majority of the Planning Board members disagreed and voted 4 to 3 to schedule a special meeting and public hearing on March 10 to discuss the issue. [Note: March 10 also was a regularly scheduled Town Board meeting.]

At the March 10 meeting, concerns were raised about the unattractiveness of the new façade and the fact that BMW had leased the adjacent County Limousine property and created a ramp between the two buildings. Residents from Pondside raised questions about the visual impact of the changed placement of rooftop mechanicals. The Planning Board voted 4 to 3 to continue the public hearing at its March 17 meeting and asked the Building Inspector to further clarify whether additional variances were needed. The Building Inspector responded in a March 15 memorandum that the applicant did not need to return to the ZBA. Following the public hearing on March 17, the Planning Board took two votes. The first motion was defeated (2 to 5) with only members Thomas McNamara and Hugh Schwartz voting in favor of referring the application to the ZBA. The second motion passed (5 to 2) to permit the amended site plan. Members McNamara and Schwartz voted against granting approval. A final vote on the written approval letter will be taken at the Planning Board meeting on April 7, 2004.

At its work session on March 18, 2004, the ZBA discussed the issue of the altered façade. ZBA members were not pleased with the changes and expressed concern about the lack of enforcement of conditions imposed when the ZBA granted variances in 2002. Questions were raised about the Building Inspector’s March 15 memorandum, which indicated no additional variances were required.

At its work session on March 17, 2004, the Planning Board discussed the problem of segmentation of the SEQRA review process when property owners with oversized subdividable property obtain a building permit to erect one house and then apply shortly thereafter for subdivision. To ensure good planning and an optimal subdivision, the Planning Board recommended that the Town Board fast-track a code revision. The Planning Board suggested the following wording: "When a building permit is requested for a single family home on a property that has at least twice the minimum lot area of the underlying zone, the application must come to the Planning Board for review and approval."

The Town Board discussed this issue at work session on March 30, 2004. Councilwoman Timmy Weinberg voiced the opinion that the "Planning Board is made up of supposedly lay people" that were "overstepping their bounds." Supervisor Paul Feiner mentioned problems of "unreasonable delays" with some boards and preferred that "the ultimate decision be made by elected Town Board members rather than Planning Board members." Councilman Steve Bass supported the Planning Board’s concerns and urged that the concept be fleshed out with appropriate review standards.

At its meeting on February 26, 2004, the ZBA continued the public hearing on the Sam’s Club request for an interpretation of the Zoning Ordinance because the Building Inspector denied the company’s request to install a "Fueling Station" on the property. The Zoning Ordinance specifically prohibits a gasoline station in combination with a fully enclosed retail store in the DS zoning district. At the hearing, the applicant’s attorney argued that a gasoline station that is located inside a fully enclosed retail store is prohibited but gasoline pumps elsewhere on the property (as Sam’s Club is requesting) are permitted as an accessory use. The applicant had a planner testify that it is a national trend for big box retailers to offer gasoline for sale to their customers.

Following the public hearings, the ZBA discussed this application. Based on the unanimous "straw vote," it appears the ZBA will uphold the Building Inspector’s determination that a Fueling Station is a gasoline station and, therefore, is prohibited. The ZBA voted to close the case "for decision only" and will prepare a decision to be voted on at its April 15, 2004 meeting.

In an article in the local press, Supervisor Paul Feiner stated: "The sale of the old Town Hall/library expansion will be an open process." Both literally and figuratively he places the sale of the old Town Hall before the library expansion. Has the process been open? Not entirely! Mr. Feiner violated the Open Meetings Law (OML) by not giving public notice or even including mention on the Town Board work session agenda of a meeting with representatives of the Library Board on February 24, 2004. At the meeting it was announced the Library Board had voted to recommend that the former Town Hall property be sold to Sunrise Assisted Living. Mr. Feiner immediately sent out press releases, emails and letters announcing the "news" and has sounded like a paid lobbyist for Sunrise since the announcement.

It appears Library Board members were coerced or intimidated into accepting the sale to Sunrise. The three Library Board members – Chair Howard Jacobs, Eileen Madison and Estelle Palevsky – present at the February 24 meeting revealed that they had been informed in meetings a year earlier that they could not have the whole site and that the former Town Hall building/property was to be sold. Mr. Jacobs expressed concern that if the property wasn’t used by Sunrise, an auto dealership might develop the site. The pressure on the Library Board appears to have been enormous because the vote was taken before the Library Board had even seen plans for the library expansion. It should be noted that the vote was not unanimous; Library Board member Susan Wolfert voted against the recommendation.

Since February 24, Mr. Feiner has been advocating fast-tracking a six-month agreement to negotiate exclusively with Sunrise. He interjected party politics into the process when he asked the Executive Committee of the Greenburgh Democratic Party to provide input on a draft resolution at its meeting on March 22. Councilwomen Diana Juettner and Timmy Weinberg attended the meeting along with Mr. Feiner to discuss the resolution, creating an official Town Board meeting that was not advertised to the public and was in violation of the OML. Copies of the draft resolution were not made available to the public or even the Town Clerk until March 23 at the Town Board work session. Councilwoman Eddie Mae Barnes expressed surprise that no member of the Library Board was present at the work session when the resolution was discussed. She asked if notice had been given. Mr. Feiner said he spoke to "tons of people." Ms. Juettner found the resolution poorly worded and asked that a vote be delayed.

Very early conceptual plans for expansion of the library were presented for the first time at the Town Board work session on March 16, 2004 and again at the Town Board meeting on March 24. Both events were televised but the home viewer was provided little information or input because of the poor quality of Greenburgh’s cable television transmissions and the fact that "Dial Democracy" was (again) not working. It was apparent at the meeting that Supervisor Feiner, not the Library Board, was in control and a sale to Sunrise, not the library expansion, was "driving" the process. Although the library’s architect was hired a year ago, he did not present his own plans for the site, but plans that had been developed for Sunrise. Councilman Steve Bass accused Mr. Feiner of using "scare tactics." Numerous question raised at the meeting remain unanswered, including questions about compliance with the Zoning Ordinance and steep slopes legislation for both Sunrise and any library expansion.

Several residents (Bill Greenawalt, Robert Reninger, Ella Preiser and Hal Samis) have attended recent meetings of the Library Board. Prior to the latest meeting on March 25, Mr. Reninger sent a letter to the Library Board and requested answers to a number of questions. In an email on March 30, Library Board Chair Howard Jacobs suggested that Mr. Reninger engage in a "dialog with town officials." Mr. Reninger contacted the NYS Education Department, which advised that the Library Board of Trustees, not the Town Board, must formulate plans and communicate current and future needs to the public. The Town Board must formulate a financial plan to fund the library’s needs.

At the Town Board work session on March 30, 2004, Supervisor Paul Feiner recommended that for a six-month period the training room (used by Town employees and the police department) on the second floor of Town Hall also be used as a cable studio. Mr. Feiner said Cable Coordinator George Malone is convinced the space would work and the cost would be "a couple thousand dollars for curtains." Council members Eddie Mae Barnes and Steve Bass noted the board would be changing its philosophy of limiting public access after hours to the first floor of Town Hall. Ms. Barnes asked if this studio arrangement would provide Mr. Malone with an opportunity to train people who have requested training. Mr. Feiner said training would start immediately. Councilwoman Timmy Weinberg stated, "If people wanted to be trained, they could have been trained in the space we had." In fact, only one training class was ever held (June 2002) and that class provided little information since equipment was inaccessible. Subsequent classes were cancelled/postponed and never rescheduled.

Transmission and other problems persist on Greenburgh’s cable channels. Mr. Feiner bragged that the Town Board televised its work session on March 16, 2004, but those watching at home had audio and video blackouts at least a dozen times during the broadcast. Mr. Malone said the problem was with Cablevision. When the library’s architect gave a PowerPoint presentation on library expansion plans at the Town Board meeting on March 24, 2004, those watching a tape of the meeting on Channel 76 received an audio signal but the screen was black. As usual, two stationary cameras without a person to operate the zoom lenses made it impossible to include and/or recognize all of those sitting on the dais. The camera sitting in the center aisle facing the dais represents a hazard that someone may trip over and frequently transmits unflattering views of people taking or leaving their seats.

At the work session on March 9, 2004, Supervisor Paul Feiner and the Comptroller presented the proposed 2004 Capital Budget. A public hearing on the proposed budget was held at the Town Board meeting on March 24, 2004. Only two representatives from the Police Department spoke and Mr. Feiner agreed to include their requests – funds for bulletproof glass at the front desk and for a study to determine police locker room needs – in a revised budget. Since it was after 11:30 p.m., the public hearing was adjourned until the Town Board meeting on April 14, 2004. Mr. Feiner stated he would televise work session discussions with department heads on the Capital Budget.

The work session on March 30, 2004 was not televised. Department heads Al Regula (DPW), William Bland (TDY Community Center) and John Kapica (Police) requested additional funding for their departments in the Capital Budget. The Town Board appeared to support these requests. Supervisor Feiner also announced that he plans to include in the Capital Budget $7,000 for video-conferencing equipment. He said this hi-tech tool would allow the Town to communicate with other levels of government (Albany and Washington) during Town Board meetings and could be used by town staff or rented to the business community during the workday. Town Clerk Alfreda Williams mentioned that Westchester Community College already has a video-conferencing setup and a state contract.

At the Town Board work session on March 23, 2004, representatives from the Hebrew Hospital Home sought relief from a condition imposed during the approval process that required construction of a left-turn lane on Grasslands Road before the granting of a permanent Certificate of Occupancy. The 160-bed nursing home has been operating with a temporary Certificate of Occupancy since 1998. The HUD-financed mortgage requires a permanent Certificate of Occupancy before release of a final payment of $3.5 million. Hebrew Hospital Home has been willing to construct the left-turn lane, but the state DOT does not want it constructed now. The DOT plans extensive improvements along Grasslands Road later this year that will include the left-turn lane. The Town Board will prepare a resolution amending the condition, subject to the nursing home putting up a reasonable bond to ensure completion of the left-turn lane if the DOT fails to do the work.

The Broadview Civic Association continues to have concerns about the Greenburgh Health Center’s proposal to build a new facility on the former Cooke’s Florist property on Knollwood Road. The Broadview CA maintains that a licensed medical clinic is not a permitted use in the Limited Office Building (LOB) zoning district. In a letter dated September 30, 2003, the Building Inspector stated that a medical clinic was similar to a professional office and was a permitted use in an LOB district. On November 9, 2003, the Broadview CA tried to file an application with the ZBA challenging the Building Inspector’s decision. Since the Greenburgh Health Center did not have an official application before a town board, the group asked for a generic interpretation. The application was not accepted because it was not specific and did not include mailing labels and a fee for public notice.

Members of the Broadview CA continued to maintain that the question of usage must be resolved before any health center application was processed. They met with town officials on February 17, 2004, and with Supervisor Feiner on February 24. At Mr. Feiner’s suggestion, the group met with the Town Board in work session three weeks in a row (March 2, 9, and 16). At each of these meetings, the group was told a somewhat different story about whether the Greenburgh Health Center had an official application before the Planning Board and whether the appeal to the ZBA had been filed in a timely manner. (Challenges must be filed with the ZBA within 60 days of the Building Inspector’s determination.)

To simplify the issue, the Broadview CA asked the Town Board to directly refer the question about usage to the ZBA. During the televised work session on March 16, 2004, the Town Board voted unanimously not to refer the matter to the ZBA. At the same meeting, Broadview CA President Robert Reninger handed copies of the mailing labels and a check for the public notice fee to the Town Clerk. The Town Clerk was not sure whether she should accept the application. In a letter dated March 25, 2004, Mr. Reninger was informed that the ZBA had received the application and had tentatively scheduled the case for a public hearing at its meeting on May 20, 2004.

On a related matter, the Greenburgh Health Center no longer is pursuing the idea of renting the old Town Hall building while it constructs a new building. At the work session on March 2, 2004, representatives for the health center said it would cost $500,000 just to bring the building up to code.

At its meeting on March 4, 2004, the Town of Mount Pleasant Planning Board approved site plans and a wetlands permit that will allow construction of a 94,820-square foot store and 18,720-square foot garden center on a 14-acre Landmark at Eastview parcel on Route 9A. The approval process has taken about a decade. The Mount Pleasant Planning Board denied several previous requests for permits because of traffic and environmental concerns and the courts upheld the denials. Last summer the Mount Pleasant Planning Board again rejected a modified plan for a store. Home Depot again sued. A settlement was reached between Home Depot and the Town of Mount Pleasant after the term expired of a Planning Board member who opposed the application and the town appointed a new Planning Board member.

Interestingly, Home Depot originally wanted to locate on a Landmark at Eastview parcel on Route 9A in the Town of Greenburgh. Supervisor Feiner said "no" so Home Depot applied next door. Result: the Town of Greenburgh will get the traffic and the Town of Mount Pleasant will collect the taxes.

Country Club Seeks Site Plan Approval for Expansion. At the Town Board work session on March 23, 2004, representatives from the Elmwood Country Club on Dobbs Ferry Road explained proposed plans to expand the existing dining room by 212 square feet and to construct a 2,000 square foot outdoor dining pavilion that would seat 150 people. At the meeting on March 24, 2004, the Town Board referred the proposed plans to the Planning Board for its review and recommendation.

Town Approves Distribution of WestHELP Revenues. At its meeting on March 10, 2004, the Town Board approved a resolution granting funds received from the WestHELP lease to the Valhalla School District and the Fairview Fire District. According to the agreement the Town made with neighborhood residents, the school district will receive $650,000 per year and the fire district will receive $100,000 per year from the $1.2 million per year rent paid to the Town each year over the ten-year lease. No decision has been made regarding how the $100,000 a year will be spent that the Town has earmarked to benefit the Mayfair-Knollwood Civic Association.

Dunkin’ Donuts Seeks Drive-Through Window. At its work session on March 17, 2004, the Planning Board discussed Dunkin’ Donuts amended site plan application to create a drive-through window at the rear of the building in the Greenburgh Shopping Center. Concerns were raised about the adequacy of parking spaces and the impact on deliveries to the Royal Palace restaurant next door. The Planning Board will continue the discussion at its work session on April 7, 2004.

Winding Farm Estates Subdivision Discussed. At its meeting on March 3, 2004, the Planning Board opened a public hearing on an application to create an eight-lot subdivision on Winding Farm North in Ardsley. The area does not have sewers but the Town and the applicant have approached St. Andrew’s to discuss possible hook up to the Town’s sewer and water systems. At the hearing, neighbors voiced concerns about blasting, drainage and the dangerous narrow roads in the area. The public hearing will be continued at the Planning Board meeting on April 7, 2004.

Dobbs Ferry Road Subdivision Planned. At Town Hall, a representative from the Robert Martin Company told Ella Preiser that he was there to discuss subdivision of a parcel the company owns abutting Ferncliff Cemetery that has access off of Dobbs Ferry Road. The property is part of one of the parcels studied in the Comprehensive Plan and is zoned R-30 (minimum lot size is 30,000 square feet).

Bloomingdale’s Seeks Approval for Store in Mount Pleasant. Bloomingdale’s has applied for approval to operate an off-price furniture store outlet at the site of the former Top’s appliance store on Route 9A in Mount Pleasant, about a mile north of the Greenburgh border. The building has been empty about three years. It once housed an ice skating rink and later a lumber supply store.

Liaisons Aren’t Necessary to Get the Job Done! Last year Supervisor Paul Feiner decided to form a group of community liaisons to inform him of problems, such as potholes. Mr. Feiner appointed Richard Garfunkel as a Deputy Town Supervisor in charge of the liaisons. Mary Tobias advised that she was unaware of who her community liaison was so she directly called the Department of Public Works to report a pothole. She noted the hole was filled within 24 hours.