COUNCIL OF GREENBURGH CIVIC ASSOCIATIONS
Minutes of Meeting – April 15, 2003
The Council of Greenburgh Civic Associations seeks to provide information to and advance the common interests of member civic groups in important Town affairs. CGCA Treasurer Mary Tobias has received year 2003 dues from the following civic groups:
Ardsley Estates Civic Association
Babbitt Court Civic Association
Beaver Hill Association
Birchwood Civic Association
Broadview Civic Association
Chatterton Parkway Civic Association
East Irvington Civic Association
Fulton Park Civic Association
Granada Condominium III Association
Greenridge Association
Hartsdale Highlands Civic Assoc.
Hillside Wyndover Civic Association
Hilltop Farms Civic Association
Homestead Owners Corp.
Juniper Hill Civic Association
Knollwood Manor Civic Association
Knollwood Neighborhood Association
Longview Civic Association
Lower Manor Woods Neighborhood Association
Mayfair-Knollwood Civic Association
North Elmsford Civic Association
Northern Greenville Association
Parkway Homes Civic Association
Rex Ridge Apartment Corp.
Secor Homes Civic Association, Inc.
Southern Greenville Association
Stone Oaks Condominium
The Edgemont Association
The Sprain Road Association
Westchester Hills Condominium
Winding Road Farm Association
Woodhill Civic Association
To date, thirty-three civic groups have paid dues for the year 2003. A number of civic groups have prepaid dues for the year 2004. There is $1208.50 in the treasury
The April 15, 2003 meeting was held at the Theodore D. Young Community Center. Minutes of the March 18, 2003 CGCA meeting were approved.
CGCA members extended "Happy Birthday" greetings to Stephanie Bellino, Elinore Gordon and Hal Samis.
CGCA OFFICERS RE-ELECTED
Madelon O’Shea told CGCA members that she had received no response to her written request urging anyone interested in running for an officer’s position in the CGCA to contact her. Current CGCA officers – Madelon O’Shea, Chair; Cleo Oliver, Vice Chair; Ella Preiser, Secretary; and Mary Tobias, Treasurer – agreed to continue serving. CGCA members thanked these volunteers and unanimously passed a motion re-electing them for the year 2003.
MORATORIUM EXTENDED FOR THE 6TH TIME--NEW SCHEDULE PROPOSED FOR ADOPTING "COMPREHENSIVE" PLAN AND LAWS
Ella Preiser reported that at today’s (4/15/03) work session, the Town Board opened a special meeting, held a public hearing and voted to extend the Moratorium Law to July 1, 2003. The law was set to expire on May 1, 2003. This was the sixth extension of the law which first became effective April 1, 2001. It was noted that the Planning Board discussed the extension of the law at its April 2, 2003 meeting. Planning Board member Thomas McNamara voted against extending the moratorium.
Mrs. Preiser noted that at today’s work session, the Town Board was given a draft schedule regarding SEQRA review and adoption of the "Comprehensive" Plan and related legislation. Per the schedule, the Town Board will close the public hearing on April 29, 2003 but keep the record open for ten days on the Final Generic Environmental Impact Statement (FGEIS) on the "Comprehensive" Plan and the addendum to the Plan. It is expected that the board will issue SEQRA findings on the FGEIS on May 14, 2003. Public hearings on the following proposed local laws will continue at each Town Board meeting until May 28, 2003: (1) Steep Slopes, (2) Wetlands, (3) Density deductions for steep slopes and wetlands, (4) Floor Area Ratio limitations and reduced side yard setbacks for residential districts, (5) Historic and Landmarks Preservation, and (6) amendments defining re-subdivision of land.
CGCA members expressed concern that public hearings on the proposed legislation and actions regarding adoption of the "Comprehensive" Plan and proposed legislation will occur during "Road Show" Town Board meetings. Attendance at these meetings will be limited to those persons willing to brave the elements, insects and pollen and to cope with inadequate parking or seating arrangements. There will be no live television coverage of the meetings and no Dial Democracy. And, it will be impossible to access information in Town files if questions arise.
Madelon O’Shea circulated correspondence, dated April 9 and April 14, she received from Bob Reninger, President of Broadview CA, which outlined his concerns about the proposed steep slopes law and related density deduction legislation. Mrs. O’Shea stated she agreed with Mr. Reninger’s comments that the laws as written are flawed and would establish a cumbersome process that will place a costly burden on existing homeowners. Mrs. O’Shea noted that she and Ella Preiser have met three times with Planning Commissioner Mark Stellato in an effort to help re-write the steep slopes and other proposed legislation to simplify the expensive/extensive review process and to exempt existing developed properties. Additional meetings will be necessary.
UPDATE RE WAIVERS FROM THE MORATORIUM LAW
At its work session on April 1, 2003, the Town Board discussed the four undecided requests for waivers from the Moratorium Law. By straw vote, the board agreed to render decisions on three of the requests at its next meeting but decided it needed more information on the application filed by Sam’s Club, Route 9A. Sam’s Club sought a waiver from the moratorium to apply for amended site plan approval to construct a "fueling station" and expand the existing tire mounting and sales area. The applicant claims the sale of gasoline to Sam’s Club members is just an "accessory retail use." The Town Board has been informed that the Zoning Ordinance prohibits gasoline stations in the DS district. Ella Preiser suggested that it might be necessary to file an appeal with the ZBA for an interpretation of provisions in the Zoning Ordinance regarding gasoline stations.
At its meeting on April 9, 2003, the Town Board rendered the following decisions:
- Approved the waiver sought by LDC Properties, LLC, West Hartsdale Avenue and Dobbs Ferry Road, to apply for subdivision and site plan approval to build a two-story, 20,000 square foot office building.
- Denied the waiver sought by Korean Presbyterian Church of Westchester, 1952 Saw Mill River Road, to apply to the Planning Board to insert a new property line on the subdivision map.
- Approved the waiver sought by WNC Tarrytown Company, LLC, 600 White Plains Road, to apply for an amended site plan approval waiver to construct a hotel that will be 20,000 square feet smaller than the hotel previously approved for the site.
DUNKIN’ DONUTS/BASKIN ROBBINS SEEK STORE IN GREENBURGH SHOPPING CENTER
At its April 10, 2003, meeting, the ZBA held a public hearing on the applicant’s request for a special permit to convert the existing vacant former bank building at 81 Knollwood Road to a Dunkin’ Donuts and Baskin Robbins store. The store would be open 24/7 and would make donuts for another store in Ossining. The hearing was adjourned so the applicant could provide additional information, particularly regarding security. At the hearing, a ZBA member asked if making donuts for another store could be considered "manufacturing," a use that is not permitted in the DS district.
CGCA members discussed this application and agreed the proposed use would be a good addition that would complement existing uses in the shopping center. It was noted the bank building has been vacant for a long time. Madelon O’Shea raised questions about the impact signage and lighting would have on the adjacent residential neighborhoods. CGCA members agreed the owners of the shopping center should provide better cleaning and maintenance of the parking lot and increase the landscaping surrounding the property.
UPDATE RE EAST HARTSDALE AVENUE
Stephanie Bellino provided CGCA members with information on a number of issues affecting the Hamlet Center area of East Hartsdale Avenue.
- Two vacant storefronts totaling 3,000 square feet – the former cable studio and adjacent bank building – will be leased for a Portuguese wood grill restaurant.
- Owners are pursuing renting the former toy store for retail sale of produce, meat and fish.
- Rumors abound that a drug store chain (CVS, RiteAid or Eckerd) is looking to rent the IGA store.
- Complaints have been heard about Synergy’s back door to the parking lot being locked.
- Lights along East Hartsdale Avenue are still not working – the problem was reported six months ago in October.
CGCA VOTES TO SUPPORT ACQUISITION OF TAXTER RIDGE
Danny Gold reported on his community’s continuing efforts to acquire and preserve as open space the Taxter Ridge property – 200 acres off of Taxter Road owned by the Holy Spirit Association (Unification Church). The parcel is the largest remaining woodland south of Route 287 and is home to hundreds of species of flora and fauna. New York State and Westchester County have each agreed to fund one-third of the $10.9 million price to acquire the property. Greenburgh taxpayers would be required to fund the remaining one-third cost of $3.67 million. Mr. Gold noted that a 20-year bond would result in $300,000 per year debt service to the Town or less than $15.00 per year to the average homeowner with property assessed at $15,000. He mentioned the cost to taxpayers who itemize deductions would be even less.
Mr. Gold told CGCA members that it might be possible to lower the cost to taxpayers even more. He noted Albany has some special funds that the Town could seek. If the Town were successful in obtaining this aid, the fund would supply the Town’s $3.67 million share with zero percent (0%) interest financing for two to three years. The Town would then be liable for an interest rate of approximately 2.7% for the life of the loan – a rate much lower than the Town could negotiate.
Mr. Gold noted that on January 9, 2002, the Town Board passed a resolution agreeing to fund $3 million or one-fourth of the cost of acquiring the property. Two years ago the purchase price was $12 million, and it was anticipated that the state would fund one-half of the cost and Westchester County and Greenburgh each would fund one-fourth of the cost. Mr. Gold told CGCA members he has been informed in the future the formula for acquiring open space will require local governments to provide 50% of the funding, with the state and county contributing no more than 25% each.
Mr. Gold noted the Committee to Preserve Taxter Ridge has scheduled a guided trail walk of the property for Sunday, May 4, 2003, at 3:30 p.m. and a Town-wide meeting for Monday, May 12, at 8 p.m. at Town Hall to obtain community input on the acquisition. Postcards announcing these dates will be sent to Town residents next week.
CGCA members discussed the current pressures on Greenburgh taxpayers of purchasing this property in addition to the purchase of a new Town Hall and the unknown costs for expansion/renovation of the Library. In light of the declining economy, workers being laid off or fired, lowered equalization rate, anticipated increased expenses and lowered revenues, several members asked to see long-term dollars and cents figures. Mr. Gold stated if the property is not preserved, it will be developed. He reminded CGCA members that studies have shown that providing municipal services to residential developments costs more than the developments generate in taxes. Questions were also raised about the cost of maintaining the property and whether there would be adequate parking for visitors to access the property. Mr. Gold noted the plan was for a passive park and for the time being parking would be available at the East Irvington Nature Preserve across Taxter Road. He indicated a consultant would be hired sometime in the future to estimate attendance and draw up plans for access improvements.
Mr. Gold stated that he had already received letters of support for the acquisition of Taxter Ridge from a number of civic leaders and expects to receive additional letters next week. He asked for the support of the CGCA. Chair Madelon O’Shea called for a vote on the issue. The majority of CGCA members present at the meeting voted to support the acquisition of Taxter Ridge for open space. It was noted that the Town Board previously pledged $3 million toward the purchase of the property and it was recommended that the Town Board modify its previous resolution to include the additional $670,000 needed to pay for Greenburgh’s share of the purchase price.
CGCA APPLAUDS BUILDING INSPECTOR’S CODE ENFORCEMENT LETTER AND URGES BROADER DISTRIBUTION OF THE LETTER
At the March 2003 CGCA meeting, Victor Alleyne mentioned problems in the Hillside Wyndover area that result from residents illegally renting out rooms in their homes. CGCA members again discussed this issue. It was noted that a North Elmsford resident spoke at the March 26, 2003, Town Board meeting and mentioned her neighborhood had been plagued with problems associated with illegally rented rooms. She stated she had met with Supervisor Paul Feiner last fall and he had promised to mail a letter to homeowners in her area advising them about Town laws concerning this issue. She questioned why the letter had not been sent. Mr. Feiner promised a letter would be mailed to her neighbors the following week.
Ella Preiser told CGCA that she received a letter on April 5, 2003, from Building Inspector John Lucido regarding this issue. She questioned whether any other members had received the letter. Lorrin Brown and Mary Tobias indicated they also received the letter. Mr. Alleyne stated he did not receive a copy of the letter, nor did other CGCA members at the meeting. CGCA members surmised that the letter was only sent to those residents living in Election District #68, north of Elmsford.
Mr. Lucido’s letter was read aloud to CGCA members. The letter spelled out Town laws and warned that the Building Department would be enforcing the laws regarding illegal roomers/boarders in single family dwellings, the illegal storage of unregistered vehicles and/or the illegal storage of commercial and recreational vehicles.
CGCA members agreed that the problems addressed in the letter were not unique to North Elmford and that numerous other areas of Town were similarly affected. CGCA members asked Mrs. Preiser to write to Mr. Lucido, applauding his efforts and encouraging him to mail this letter to other single-family residential areas in the Town.
On a related matter, Francis Sheehan reported that the ZBA, at its April 10 meeting, denied a North Elmsford property owner’s request for a Special Permit for two roomers/boarders. The applicant planned to convert the living room to a bedroom for renters and create living space in the basement for his family. The ZBA denied the request because of insufficient parking spaces and other reasons.
REMEDIATION CONSIDERED FOR WESTCHESTER VIEW LANE BUFFER
CGCA members were informed about recent and future meetings/actions regarding the destruction of the buffer area at 65 Westchester View Lane that occurred in November 2002, in violation of Planning Board conditions.
- On April 2, 2003, the Planning Board met in Executive Session with Town Prosecutor Tim Lewis for an update on the court case.
- On April 10, 2003, both sides appeared in Town Court. Mr. Lewis presented the Town’s response to a motion to dismiss that the defendant’s attorney had filed earlier and the defendant’s attorney submitted a remediation plan for restoring the buffer.
- Tomorrow (4/16/03) Town Planning Commissioner Mark Stellato and a landscape architect retained by the Town will visit the site.
- On April 30, 2003, the Planning Board will meet with the Town’s arborist and landscape architect to discuss the remediation plan.
- On May 29, 2003, both sides must again appear at Town Court.
ZBA DECIDES AGAINST REOPENING ROAD
RE-ALIGNMENT CASE
TOWN BOARD MUST DECIDE SITE PLAN APPROVAL
At the ZBA work session on April 10, 2003, no member of the ZBA was willing to make a motion to reopen the hearing regarding the application for a proposed Trader Joe’s store and an addition to the former Service Merchandise Store on Central Avenue. In response to requests from residents of the College Corners area, Supervisor Paul Feiner had asked the ZBA to reopen the hearing and "decouple" the ZBA’s approval for expansion of the shopping center from the condition requiring the re-alignment of North Washington Avenue to intersect with the traffic light on Central Avenue at Harvard Drive. The ZBA had imposed the condition for re-aligning the road to address traffic and safety concerns. The ZBA decision actually stated that without the realignment, the board would not have granted the request to expand the shopping center. College Corners residents had concerns that the realignment would encourage traffic to use Harvard Drive and other College Corners streets as a short cut to White Plains.
CGCA members noted that it is now up to the Town Board to decide whether or not to grant site plan approval for the proposed expansion of the shopping center, including the condition that North Washington Avenue must be realigned. It is likely the board will make a decision at its next meeting on April 29. It has been rumored for some time that "Best Buy" plans to occupy the former Service Merchandise building when the expansion is completed.
PUBLIC ACCESS CABLE TELEVISION
The seven-member "Cable Board" has held two meetings – March 19 and April 3, 2003. Ella Preiser, Hal Samis and Francis Sheehan attended these meetings, and Cleo Oliver and other CGCA members watched the tapes when the meetings aired on Channel 76. Mrs. Preiser and Mr. Sheehan also were present at today’s (4/15/03) Town Board work session when Del Hillgartner, Chair of the "Cable Board" and Deputy Town Supervisor reporting to Supervisor Feiner regarding public access cable television, addressed the Town Board. CGCA members discussed a number of issues regarding Greenburgh’s public access cable television:
WHAT’S IN A NAME? The Town Board has not established a consistent name for the seven-member board it appointed on March 12, 2003 to oversee public access cable TV. Documents list various names: Cable TV Interim Board, Cable Advisory Committee, GATV Advisory Board, Cable Interim Board, Cable Board. [For consistency in these minutes, the term "Cable Board" will be used.]
WHAT’S THE CABLE BOARD’S STATUS? – ADVISORY OR DECISION-MAKING. When the Town Board adopted new Policies and Procedures for operating Greenburgh’s public access TV on February 11, 2003, the Policies and Procedures stated the Cable Board had "authority to create or modify policies, procedures, forms or discontinue the use of any of the above…." The Cable Board believed it had authority to modify policies, but quickly ran into problems even though Supervisor Feiner has repeatedly claimed he wants the Cable Board to be independent. In response to residents’ questions at the March 26 and April 9, 2003 Town Board meetings, Town Board members responded the Cable Board was "advisory." At today’s work session, Cable Board Chair Hillgartner stated Francis Sheehan was correct when he noted that the answer to the question about the Cable Board’s status depended on whether Cora Carey and Cleo Oliver were present. Councilwoman Diana Juettner said the Cable Board was a "hybrid" and noted there were "gray areas."
THE SPIRIT OF 76 – "CENSORSHIP" OF CABLE ACCESS CHANNEL 76. At its March 19, 2003 meeting, the Cable Board unanimously passed two resolutions. One would remove all programs from the airways on April 2 whose producers had not signed new membership forms. The second resolution would remove all programming from Channel 76 (the government access channel) that was not official government programming. Non-government programming would air only on Channel 75. Cable producers immediately objected, calling the decision "censorship." (While Channel 76 airs town-wide, including in five of the six villages of Greenburgh, Channel 75 airs only in unincorporated Greenburgh.) Town Clerk Alfreda Williams stated at today’s work session that according to state officials, it is the Town Board’s prerogative to determine how the government access channel can be used.
Catherine Lederer-Plaskett, Chair of the Westchester Coalition for Legal Abortion (WCLA), presented a tape entitled "Motherless" to the Greenburgh Cable Coordinator and expected it to air on Channels 75 and 76. When she learned the tape would be pulled from Channel 76 pursuant to the Cable Board’s unanimous vote, she contacted Supervisor Feiner. At today’s work session, Mr. Feiner acknowledged that he "didn’t what to be crucified in WCLA’s newsletter," so he wrote to Mr. Hillgartner (with a copy to Ms. Lederer-Plaskett) and told him to air the tape. Mr. Feiner offered an apology to Mr. Hillgartner for interfering and said he should have written as a private citizen, but he would honor the Cable Board’s decision.
TRAINING DENIED DUE TO LACK OF SECURITY – 6 CAMERAS "MISSING." Although rent and utilities were being paid for the studio space rented at 297 Knollwood Road since December 1, 2002, only three local producers of programs were allowed to use the studio. Other residents requesting studio time or training were denied access because an alarm system had not been installed. At the March 19, 2003 meeting, Cable Board members were informed that six new camcorders (still in the box) were "missing" when equipment was moved to the studio from the Administration Building at Anthony Veteran Park. Without informing the Cable Board members, Town Clerk Alfreda Williams re-ordered the cameras. The cost for the missing cameras was $3900, which was not covered by insurance and will be charged to the cable equipment budget line.
TOWN CONTINUES TO DEPLETE CABLE ACCESS CAPITAL EQUIPMENT BUDGET. At the March 19, 2003 meeting, in addition to learning about the cost of missing cameras, the Cable Board learned for the first time that the cable budget would be charged the total cost for renting space at 297 Knollwood Road. ($32,000 for rent and $4,000 for utilities for each year of the two-year lease.) Previously the Cable Board was told an oversized space was being rented so the Comptroller’s office could use the additional space for storage (rent and utility bills would be shared). At the April 3, 2003 meeting, the Cable Board learned the cable budget also would be charged for a $20,000 renovation that was done so the space could securely accommodate the Comptroller’s storage. At the meeting, Hal Samis suggested the Cable Board should explore the implications of subletting or breaking the lease as soon as studio space is available at 177 Hillside Avenue.
At today’s (4/15/03) Town Board work session, Cable Board Chair Hillgartner vented his frustration regarding the charges to the cable budget. He stated it was disrespectful for the Cable Board to learn after the fact about stolen equipment and the full responsibility for the cost of renting and renovating the studio. He noted the space was larger than needed for a studio and more suitably sized space could have been rented in the same building at a lower cost. He appeared to regret the "devil’s bargain" – agreeing to the Town’s decision "to capitalize rent" – to obtain an operating space for public access television. He recommended that the Town Board look into breaking the lease as soon as possible.
AUDIO PROBLEMS. At the March 19 Cable Board meeting, Cable Director George Malone reported that the audio problems on the tape of the March 12, 2003 Town Board meeting that aired on March 13 were the result of problems with the camera’s power source. The same distortion occurred on a tape created at Supervisor Feiner’s request regarding a historical trail at Philipsburg Manor. Mr. Malone noted he took both tapes to an audio technician in Mount Vernon who was able to remove 95% of the distortion for a cost of $300. Lorrin Brown mentioned audio problems also occur within the auditorium at Town Hall. This problem affects persons trying to listen at Town Board, Planning Board and ZBA meetings. It is unclear why this problem has not been addressed.
MISCELLANEOUS
Bicycling/Pedestrian Safety Workshop Planned. Ella Preiser informed CGCA members that the New York Bicycling Coalition has scheduled a workshop on bicycling and pedestrian safety for Wednesday, May 21, 2003 at the Greenburgh Multipurpose Center. Presentations will take place between 2 and 4:30 p.m., a food break and informal bike ride/walk is planned between 4:30 and 6 p.m., followed by discussions from 6 to 8 p.m. Those wishing to attend the workshop should RSVP to: nybc@nybc.net, fax 518-436-0494 or call 518-436-0889.
Reception for Newcomers Planned. It was noted the Town has scheduled its annual reception for new residents of Greenburgh for Wednesday, May 14, 2003 at the Multipurpose Center. The CGCA will again request a table at the event. Madelon O’Shea asked for volunteers to help welcome new residents. The CGCA’s goal is to encourage new residents to join their local civic group and become active in Town affairs.
Fuzzy Garcia "Restaurant" Requires Variance. On April 2, 2003, the Planning Board held a public hearing on the applicant’s request for a Special Permit to operate a restaurant at the 26 South Central Avenue site. The applicant is currently selling food for off-premise consumption since the site does not have the required number of parking spaces for a restaurant. The applicant sought to use parking spaces in the adjacent Hartsdale Parking Authority lot but was informed that such use is not permitted by the Zoning Ordinance. The Planning Board suggested the applicant consider seeking relief from the Zoning Board of Appeals.
Mitty’s Steakhouse Seeks Live Entertainment. Madelon O’Shea noted that in 1998, the owner of Mitty’s restaurant at 149 South Central Avenue requested and was granted Special Permit approval for a cabaret, provided all entertainment was restricted to private parties. The owner now has asked the Planning Board to re-open the hearing on the 1998 case to amend/remove that restriction and permit live entertainment open to the public on Fridays and Saturdays. The Planning Board has scheduled a Public Hearing on the request for April 30, 2003.
Union Baptist Church Seeks Approval for Expansion. CGCA members noted that members of Union Baptist Church filled the meeting room on April 10, 2003, when the ZBA declared its intent to be lead agency under SEQRA regarding the church’s proposal to construct a new sanctuary and an addition to its administration building. SEQRA requires a 30-day wait before the ZBA can declare Lead Agency status. The ZBA will then hear the requests for multiple area variances and a Special Permit for off-site parking. Review and/or approvals will also be necessary from the Planning Board and Town Board.
Wall Collapses at TDYCC. Ella Preiser informed CGCA members that Town Board members learned this afternoon (4/15/03) at work session of a partial collapse of the swimming pool building at the Theodore D. Young Community Center. Fortunately no one was injured. DPW Commissioner Al Regula and Town Engineer Michael McGarvey quickly responded and arranged for repairs. It is expected the pool will be closed for about a week.