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COUNCIL OF GREENBURGH CIVIC ASSOCIATIONS Minutes of Meeting – March 20, 2001 The Council of Greenburgh Civic Associations seeks to provide information to and advance the common interests of member civic groups in important Town affairs. The following civic groups paid dues for the year 2000: Ardsley Estates Civic Association
* * Also paid 2001 dues CGCA membership stands at thirty-six civic groups – an all time high. Eighteen civic groups have paid dues for the year 2001. There is $879.29 in the treasury. Minutes of the February 20, 2001, meeting were read and approved with minor corrections that will be made prior to distribution. CGCA members wished "A HAPPY BIRTHDAY" to Madelon O’Shea, President of
the Edgemont Community Council COMMUNITY TO WORK TO PRESERVE OPEN SPACE Danny Gold reported that 35 people attended a meeting he scheduled to discuss preserving as open space the property owned by the Unification Church and adjacent landowners in Greenburgh, Irvington and Tarrytown. Richard Presser, who had chaired the committee that successfully worked to save the Gaisman estate, spoke at the meeting and gave the group many good ideas on how to get started and what kind of actions to take. A steering committee of 12 to 15 people was formed and will hold its first meeting next week. The steering committee’s work will proceed simultaneously with the study of traffic, wildlife and other issues regarding this property which is being funded by the Town of Greenburgh, the Villages of Irvington and Tarrytown and the Irvington School District. Mr. Gold also reported that an "Irvington Land Trust" (ILT) is being formed. The ILT will work to preserve land within the boundaries of the Irvington School District, including the Unification Church property, Columbia University Press property, and Halsey Pond where there are plans to build 70 homes. The ILT will do fundraising and plans to fund a person’s time at the Westchester Land Trust as an expert source regarding legal and other open space issues. On a related matter, Mr. Gold noted that the developers (Trion LLC) seeking to build a golf course and 50 houses on the 246 acres along Taxter Road have written a letter to Supervisor Feiner protesting the Town’s delay in naming a lead agency and in processing their application. The letter cites examples of other cases where the Town has processed applications in a more expeditious manner. MILLENNIUM GAS PIPELINE Danny Gold distributed copies of a letter he received from Supervisor Feiner, which asked for the CGCA’s advice on what actions the town should take regarding the proposed routing of the gas pipeline. Alice Moroney reported that residents of Ossining, Croton and Briarcliff Manor continue to oppose the plan to place the pipeline along the densely populated Route 9/Route 9A corridor. These communities prefer the original route – along the Con Edison right-of-way. However, the Public Service Commission opposes that route because the power lines and aqueduct would be vulnerable in the event of an explosion. The Federal Energy Regulatory Commission (FERC) is now reviewing another alternate route – about 100 feet from the Con Edison power lines – through the Ossining, Croton and Briarcliff Manor communities. In the Town of Greenburgh, the proposed route would follow the old Putnam Railway right-of-way on the east side of the Saw Mill River Parkway, through the Landmark at Eastview property, around the Coca Cola bottling plant, across Route 119, through Nob Hill and continuing south, paralleling the Thruway. The route would cross the Thruway just above Jackson Avenue and continue south through the County parkland. It was reported that the route does not pass through a populated area until it reaches Yonkers. It was noted that residents in the villages of Elmsford, Dobbs Ferry and Ardsley and the city of Yonkers are not happy with the proposed route. However, since the Con Edison right-of-way has been ruled out, there appear to be no alternatives. Mrs. Moroney reported that Supervisor Feiner does not want the pipeline passing through Greenburgh, but that is unrealistic. FERC will only listen to safety concerns. The right of "eminent domain" can be used to acquire any land that is necessary. A public hearing on the Supplemental Draft Environmental Impact Statement has been scheduled for April 9 in Ossining. CGCA members support the neighbors to the north who oppose a Route 9/9A path for the pipeline and favor the route adjacent to the Con Edison power lines. CGCA members noted that Greenburgh residents would be only lightly affected by the proposed route but expressed concerns about the impact it will have on the villages. It was recommended that the Town should direct its resources to seek mitigation and ensure all Greenburgh residents are protected. CROTON RESERVOIR WATER FILTRATION PLANT Alice Moroney reported that she spoke with the engineers working on the Catskill/Delaware water filtration plant and was informed that project has been put on hold. The engineers are now working on plans for a plant to filter water from the Croton Reservoir, which is not in compliance with federal water quality standards. There is a federal order to build a filtration plant. Van Cortlandt Park in the Bronx was the chosen site, but the Court of Appeals ruled last month that the Department of Environmental Protection (DEP) must seek legislative approval in order to build the filtration plant on parkland. Since many state legislators oppose the Bronx site, the DEP is once again reviewing other sites, including two at the Landmark at Eastview - one in Greenburgh and one in Mount Pleasant. Mrs. Moroney noted that these sites might be viable since it would be necessary to pump the water only a short distance to the Catskill/Delaware connection and then gravity feed the water to New York City. Copies were distributed of a February 14, 2001 article in the Journal News that quotes Supervisor Feiner as being interested in having this 473,000 square-foot filtration plant located in Greenburgh. CGCA members questioned whether there would be adequate room for the filtration plant at the Greenburgh Landmark at Eastview site in addition to the proposed plans to build a Madison Square Garden training facility and two laboratory buildings. COMMUNITY QUESTIONS TOWN’S EAST HARTSDALE AVENUE REZONING PROPOSAL Stephanie Bellino reported that she had a potential tenant who was interested in opening a personal trainer/mini gym business. She told the potential tenant in November that the use currently was not allowed under the Zoning Ordinance. On March 15, Supervisor Feiner approached Ms. Bellino, told her he had met with her potential tenant and suggested that she should shortcut the process and allow the tenant to open his business. She responded to Mr. Feiner that it was unlikely the Building Inspector would issue the necessary permits in violation of the Zoning Ordinance. The same day, someone was telling merchants that the landlord of the former "Home Center" was planning to sign a lease for a gym. At the March 15 afternoon meeting, Nannette Bourne and Neal Stone of Allee King Rosen & Fleming (AKRF), the Town’s planning consultants, presented a draft amendment to the Zoning Ordinance that would rezone the entire length of East Hartsdale Avenue from Central Avenue to the train station. Those attending the meeting made it clear that they did not want the entire street rezoned and any amendments should only consider the area of stores near the train station, currently zoned CB. Ms. Bourne noted that the draft would be revised, based on the comments received. She asked that any further suggestions be given to her by March 21. Copies of the revised draft are promised by March 27. Deborah Bloom noted that she had learned today that comments need to be in by tomorrow (March 21). She stated it is difficult to make suggestions since she doesn’t know what is permitted under the existing zoning. CGCA members asked Chairman Gold to write to the Town Board expressing concern about the "divide and conquer" technique Mr. Feiner has been employing in scheduling meetings and dealing with issues. An evening meeting for residents has been set for April 3 and a separate meeting with the Hartsdale Public Parking District is scheduled for April 25. CGCA members noted that Councilman Steve Bass asked for more evening meetings; he also agreed that issues that have an impact on each other should be addressed simultaneously, not separately. CGCA members also expressed concern about Mr. Feiner’s letter to residents regarding the redesign of DeSanti Plaza. This appears to be a bonus for Starbucks. It was suggested that the Town should leave the plaza alone and instead focus on sweeping the streets, collecting refuse and dealing with the rat problem. The Town receives over $300,000 a year from parking meter fines. Since the Town is not picking up refuse in the area, the Hartsdale Public Parking District is currently doing so without remuneration. TOWN BOARD ADOPTS AMBIGUOUS MORATORIUM LAW As reported at last month’s CGCA meeting, the Town Board held a public hearing on February 13 on a proposal to enact a 120-day moratorium on development while the Town reviewed the Draft Open Space Comprehensive Plan. The hearing was closed and copies of revisions to the proposed law were to be made available on February 26, two days before the expected vote by the Town Board at its February 28 meeting. Those wishing to comment on the revisions were told to do so in writing. Ella Preiser noted that Councilman Steve Bass faxed her a copy of the proposed revisions on February 23. In response to this courtesy, Mrs. Preiser prepared 3½ pages of written comments seeking to correct errors and/or provide clarity in the proposed law. She gave these comments to Councilman Bass on February 27. At the February 28 Town Board meeting, Jan Ulman, the Deputy Town Attorney to the Planning Board, was given a copy of Mrs. Preiser’s comments. Ms. Ulman sat off to the side reading the comments and then publicly suggested to the Town Board that certain revisions should be made to the law. Her suggestions involved minor corrections, such as capitalizing certain words. She did not address any of the substantive issues raised in Ms. Preiser’s letter. For example, the law is very vague about the process for seeking variances from the law and as written would allow the Town Board to vary the law’s provisions with respect to the applicant, not the application. The Town Board allowed certain developers and members of the public to speak, but not others. Francis Sheehan had his hand raised but was ignored. The Town Board then proceeded to adopt the local law establishing a 120-day moratorium, effective April 1, 2001, on granting approvals for applications for development. During the open session of the February 28 Town Board meeting, Ms. Preiser and Mr. Sheehan spoke about the unresolved questions about the new moratorium. Mrs. Preiser stated that she would never again waste her time putting comments for the Town Board in writing. At the March 14 Town Board meeting, the board considered setting public hearings on March 28 for applications for variances from the Moratorium Law for the Glenville Woods and Springhill Suites development proposals. Francis Sheehan and Ella Preiser both raised questions about why the Town Board was setting a public hearing date to grant variances from a law that would not be in effect until April 1. Town Attorney Susan Mancuso replied that the Town Board has great flexibility in interpreting the law. She gave no satisfactory answers to the questions of how the board, which will have no authority regarding the Moratorium Law until April 1, can interpret the law on March 14 or March 28. After the comments, four Town Board members voted to set the public hearing dates for March 28. Councilman Steve Bass abstained on the vote Councilman Bass told CGCA members that he had asked a number of people about this issue. He received responses that while the board’s actions were not "normal," they did not appear to be illegal since the board is not really granting a variance such as the ZBA does but rather an exception to a law. CGCA members disputed the advice given to Mr. Bass. It was noted that the Moratorium Law specifically refers to "variances" and provides that provisions of New York State Town Law (including those giving the ZBA authority) in conflict with the Moratorium Law are superseded and rendered null and void. CGCA members predicted that there will be many requests for variances from this poorly worded Moratorium Law. DRAFT OPEN SPACE COMPREHENSIVE PLAN As reported at last month’s CGCA meeting, Francis Sheehan asked at the February 13, 2001, Town Board meeting if the Comprehensive Plan Committee would be reconvened to work on the issues addressed in the Draft Open Space Comprehensive Plan that the board accepted in November. He received no response to his question. Mr. Sheehan asked the same question again at the February 28, 2001, Town Board meeting. He was informed that the committee’s work was finished. CGCA members expressed concerns about this decision to limit public input during the SEQRA review process. It appears that the Town Board members, working with AKRF representatives, will be making all the decisions. Prior to adopting this Open Space Comprehensive Plan, a Generic Draft Environmental Impact Statement (GDEIS) must be prepared. The Town Board has scheduled two Scoping Sessions – March 29 and April 11 – for public input on what should be studied in the GDEIS. Copies of the draft scope are now available. CGCA members have not had time to review the draft scope. GREENBURGH CAMPAIGN FINANCE COMMISSION RECOMMENDATIONS At the March 13 Town Board work session, Councilman Steve Bass reported that he had met with Catherine Lederer-Plaskett, co-chair of the Greenburgh Campaign Finance Commission, to discuss the Commission’s recommendations. Supervisor Feiner stated that he had not received any response to the two letters he sent to the Chairs of the Democratic and Republican parties asking for names of people interested in serving on a 3-member cable TV committee. Mr. Bass responded that there are concerns since the recommendation was for an independent cable board and Mr. Feiner was reaching out to political parties. Mr. Bass stated he wants to meet with the independent Larchmont/Mamaroneck cable board to see if there is a way to set up a similar independent cable board in Greenburgh. Mr. Feiner claimed that he wouldn’t have a problem with an independent board; he just wants to make sure each side is equally represented. Mr. Bass told his fellow board members that he plans to prepare a memo in a couple of weeks regarding ways the Town could implement Commission recommendations. GREENBURGH PLANNING CONSULTANTS WORKING WITHOUT A CONTRACT At the February 28 Town Board meeting, Ella Preiser asked why the board had not hired independent consultants to conduct the review of SEQRA documents for the proposals on the Landmark at Eastview and Gelsprain properties. The Town Board immediately passed a resolution giving these tasks to Allee King Rosen & Fleming (AKRF). Mrs. Preiser then asked if it was true that the Town had only given AKRF a 6-month contract for the year 2001. The board members assured her that the Town had signed a contract for the full year. A few days later, Mrs. Preiser asked to see a copy of the contract and filed a FOIL request. She received a copy of last year’s contract. When she asked about this subject again at the March 14 Town Board meeting, board members acknowledged that they mistakenly had given out incorrect information and noted that the contract was still being negotiated. CGCA members expressed concern about a possible conflict of interest by giving AKRF all of the environmental review work. Questions were raised about whether this was a decision to avoid paying a fair price for the regular work done by the "Commissioner of Planning." Chairman Gold was asked to write a letter to the Town Board about this matter. GELSPRAIN SCOPING SESSION At the March 13 Town Board work session, Supervisor Feiner noted that there were complaints about his chairing the February 13 scoping session on the Gelsprain proposal even though he had recused himself from voting on this proposal. He mentioned he was going to ask Councilwoman Eddie Mae Barnes to chair the continued scoping session on March 14 since Ms. Barnes had attended community meetings. Councilwoman Timmy Weinberg said that she wanted to chair the hearing since she was the liaison to the Zoning Board of Appeals and the Planning Board. When Councilwoman Barnes arrived a few minutes later, Mr. Feiner informed her that Ms. Weinberg would chair the hearing. Ms. Weinberg suggested that Ms. Barnes could serve as community liaison on this project. Ms. Barnes declined and noted that Mr. Feiner usually serves as both the chair of meetings and the liaison to the community. On March 14, Councilwoman Weinberg chaired the continued scoping hearing on Toll Brothers’ request to rezone 40+ acres (off Ardsley Road near Sprain Road) to a PUD in order to develop 68 units of housing. After hearing from those present, three members of the Town Board – Eddie Mae Barnes, Diana Juettner and Timmy Weinberg voted to close the hearing. Councilman Steve Bass voted against the resolution. CGCA members noted that three separate civic groups – Ardsley Road, Boulder Ridge and Sprain Road – asked the Town Board to hire an outside consultant to handle the environmental review of this proposal. At the February 28 meeting, on a motion made by Timmy Weinberg, the Town Board voted to give the review task to AKRF, even though the Gelsprain application was not on the agenda and the Deputy Town Supervisor for the Gelsprain proposal was not advised this action would be taken. COMMUNITY UNCOVERS MORE SUPPRESSED TOWN HALL/LIBRARY STUDY DATA After noticing large boards in the Conference Room, drawn by WASA, showing how the Town Hall/Library would fit into the SCI building, Ella Preiser asked to see a copy of the WASA "fit" study. The Town Clerk’s office did not have a copy and Mrs. Preiser was asked to file a FOIL request for the information. A few days later she received copies of the information. In a letter dated December 11, 2000, WASA quotes a preliminary figure of $19.5 million for finishing the interior of the SCI building. The letter also suggests that a total "construction budget of approximately $25 million is appropriate" to complete site work and allow for design/bidding contingency amounts and escalation. At the March 14 Town Board meeting, Mrs. Preiser asked for an explanation of the $25 million WASA figure, which did not include the purchase price of the SCI building. The community had been given information that the total cost of buying and renovating the SCI building was $20 million – $7.8 to purchase the building and $12.2 for renovation. (See CGCA December 12, 2000 minutes.) Al Regula, Commissioner of the Department of Public Works, responded that the Town felt the WASA figure was high and asked another firm for an estimate. Mrs. Preiser then questioned if the WASA figure was considered high for the SCI building, why should residents accept as appropriate the figure of $22.5 million that WASA quoted for expanding/renovating the existing Town Hall and Library. She received no response to her question. Mrs. Preiser filed a FOIL request to obtain the other estimate. Mr. Regula faxed her a copy today for tonight’s CGCA meeting. The estimate is from Lothrop Associates, architects, and suggests a lower figure of approximately $12.2 million to renovate the SCI building and do site work. CGCA members raised concerns about the Lothrop estimate. The estimate is based on a number of assumptions and it is unclear whether anyone from the firm even paid a visit to the SCI site. The estimate is based on today’s prices and assumes only limited structural modifications will be required and a modest level of design and construction. It was suggested that it is not the best idea to seek construction cost estimates from architects and that the Town Board appears to be shopping for data to support a decision to relocate to the SCI site. TOWN BOARD’S LACK OF CONCERN FOR ACCURACY QUESTIONED CGCA members raised concerns about the amount of carelessly worded legislation recently proposed and/or adopted by the Town Board. Some examples include:
CGCA members stated that it appears that the Town Board spends little time proofreading documents before they are released to the public and little attention to correcting errors prior to voting to approve the documents. MISCELLANEOUS Route 9A Road Improvements. On December 21, 2000, representatives from the state Department of Transportation (DOT) provided information on the options being studied to improve traffic conditions in the Route 9A corridor and noted that copies of the "Expanded Project Proposal" would be mailed to interested parties in two weeks. Since the document hadn’t arrived, Ella Preiser checked with Town Engineer Michael McGarvey on March 13. Mr. McGarvey had not received the documents either and called the DOT. He was informed the copies would be ready and mailed within a week. DOT Funding Limited. CGCA members noted that the state DOT lacks funds to make the planned improvements along Virginia Road. Alice Moroney mentioned that she was told that the Route 287/Exit 5 improvements are draining money from the entire Region 8 area (Westchester, Putnam, Dutchess and Rockland.) It was noted that the sound barrier that is being installed along I-287 was not part of the original estimates; it was added after numerous complaints. Truck Hits Bridge. It was noted that about two or three weeks ago a truck hit the new bridge on Hillside Avenue. Fewer Abandoned Shopping Carts. Curt Constable, President of the Juniper Hill CA, noted that he has seen fewer abandoned shopping carts around town since the enactment of the local law. It was noted that a woman from the Fairview community also mentioned this fact at the February 28 Town Board meeting. Town Board "Road Show" Poorly Attended by Neighbors. The February 28 Town Board meeting was scheduled at the Theodore D. Young Community Center because board members wanted to gain input from area residents regarding the purchase of the SCI building. However, this issue did not even appear on the February 28 agenda. While a number of people attended the meeting because of other topics on the agenda, only one woman from the neighborhood spoke. She mentioned that she noticed fewer abandoned shopping carts. Cora Carey, a regular at Town Board meetings, noted that the neighbors had not come out since the Town had also planned a March 7 meeting regarding the Town Hall/Library issue and a March 28 Town Board meeting at the Greenburgh Housing Authority. Rock Crushing Operation – Elmsford. The Building Inspector has issued RMC Development Co. a notice of violation for running a rock crushing business on property on Warehouse Lane. The company has filed an appeal with the ZBA, seeking an interpretation of the Building Inspector’s determination, and also has filed an application for a Special Permit to operate the rock crushing business if the ZBA upholds the Building Inspector’s decision. CGCA members expressed concern and raised questions about whether this site will be used to crush the rock that will be removed to create the Routes I-87/I-287 intersection improvements. The ZBA case has tentatively been scheduled for the April 19 meeting. Glusker Subdivision – High Street, North Elmsford. At its March 7 work session, the Planning Board was informed that the requested information has been received from the applicant regarding wetlands. The board asked the Town’s planning consultants to visit the site and confirm the delineation of the wetlands. If a site visit can be made prior to the March 21 board meeting, the Planning Board will consider when to put the application back on its agenda. Duane Reed to Open Store. It was noted that a Duane Reed store plans to open on the northwest corner of the Central Avenue/West Hartsdale Avenue intersection. Concern was expressed about the impact this store would have on the nearby pharmacies on Central Avenue and East Hartsdale Avenue. Kathwood Road Subdivision. The Planning Board has scheduled time on its March 21 work session agenda to discuss this proposed subdivision for five houses. In July 2000, state Supreme Court Judge Peter Leavitt annulled the building permits that had been issued and ordered the owners to seek subdivision approval from the Planning Board for this land purchased from the DOT as "excess" Sprain Brook Parkway property. The judge’s decision is being appealed. Residents Oppose Variances for Group Home, Dobbs Ferry Road. At the March 15 ZBA meetings, the owners of the new group home sought a variance to widen the driveway to 60 feet to permit access for the handicapped. A number of neighbors testified in opposition to this variance request, which would change the characteristics of the neighborhood. Many noted that Supervisor Feiner had promised area residents that the group home would be indistinguishable from other residential homes in the community. The hearing was adjourned to the April 19 ZBA meeting. Copies of the following articles were distributed:
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