COUNCIL OF GREENBURGH CIVIC ASSOCIATIONS
Minutes of Meeting – April 17, 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 have paid dues for the year 2001:
Ardsley Estates Civic Association
Beaver Hill Association
Broadview Civic Association
East Hartsdale Avenue Civic Association
East Irvington Civic Association
Fort Hill Association
Fulton Park Civic Association
Granada Condominium III Association
Homestead Owners Corp.
Knollwood Manor Civic Association
Knollwood Neighborhood Association
Lower Manor Woods Neighborhood Association
Mayfair-Knollwood Civic Association
Parkway Gardens Civic Association
Secor Homes Civic Association, Inc.
Southern Greenville Civic Association
The Cotswold Association, Inc.
Westchester Hills Condominium
Woodhill Civic Association
Nineteen civic groups have paid dues for the year 2001. There is $894.29 in the treasury.
Minutes of the March 20, 2001, meeting were read and approved with minor corrections that will be made prior to distribution.
UNIFICATION CHURCH PROPERTY
DEVELOPER FOR PROPOSED GOLF COURSE CAUSES ENVIRONMENTAL DAMAGE
Danny Gold reported that the East Irvington community is very upset over the trees removed and dirt roads created by the developer seeking to build a golf course on the Unification Church property in East Irvington. When Mr. Gold first learned of this environmental damage, he notified Supervisor Feiner who sent the Building Inspector out to investigate. Mr. Lucido reported that there were just a few paths with a couple of saplings down. Mr. Gold sent a much stronger message to Mr. Feiner, who then asked Town Engineer Michael McGarvey to investigate. Mr. McGarvey reported that there was a whole network of roads 12 to 14 feet wide. It appears that the developer carved out the roads to dig five test wells to determine the height of the water table.
A number of residents attended the Town Board meeting on April 11 to speak about this environmental destruction. It was noted that trees larger than 6" in diameter had been felled without a permit, that other trees will likely die because their roots were exposed or piles of dirt were placed around them, and erosion was occurring where the dirt roads were cut. Photographs of the damage were presented. The attorney for the developers also spoke at the meeting and indicated they had informed the Town of their plans and had done nothing in violation of Greenburgh codes. Mr. Gold asked to be kept fully informed about any actions that the Town Board planned to take. When Town Attorney Susan Mancuso said she would have to consult with the Town Board, Mr. Gold reminded her that he was the Deputy Supervisor and entitled to receive the information.
On Friday, April 13, Ms. Mancuso called Mr. Gold and said the Town will impose the same process they had used regarding the destruction of trees on the Solomon Schechter School property. A landscape architect will go out and assess the damage. The developers also can send out their own landscape architect. The Town will then require the developers to place money in escrow to repair the damage.
Mr. Gold noted that on Saturday, April 14, he and East Irvington resident Kevin Wyatt, who is an arborist, accompanied County Legislator Tom Abinanti and Town Councilman Steve Bass on a tour of the property to view the destruction. Mr. Gold reported that he had been told that it was possible to use a tracking vehicle to go in and drill for water, without constructing roads or causing this type of damage to the environment.
Mr. Gold said the developer told him that as Deputy Supervisor he was supposed to serve as a liaison between the community and the developer. He informed the developer that his role was to represent the community.
SECOR HOMES CIVIC ASSOCIATION
DISTRIBUTES
GREENBURGH PLANNING PROCEDURES CASE STUDY
Danny Gold complimented Carol Wielk, President of the Secor Homes Civic Association (SHCA), on the extremely well done, high quality report, released last week, on planning procedures in the Town of Greenburgh. SHCA had received a grant from the New York State Department of Environmental Conservation to undertake the study. New York State Assemblyman Richard Brodsky and Senator Nicholas Spano were instrumental in obtaining the grant after SHCA petitioned them about complaints regarding the planning process in Greenburgh. Elmsford-based Ferrandino & Associates Inc., who the Town has previous retained, prepared the study. Vince Ferrandino, principal of the firm, formerly served as the Director of Planning in Greenburgh.
Questions were raised about the distribution of the study as several members of the CGCA had not yet received a copy. Ms. Wielk reported that she sent copies of the report by overnight mail to Supervisor Feiner, State Assemblyman Richard Brodsky, State Senator Nicholas Spano, and the media – newspapers, radio and television stations. Copies were sent by regular mail to: County Executive Andrew Spano; County Legislators Tom Abinanti, Lois Bronz and Kay Carsky; members of the Greenburgh Town Board, Planning Board and Zoning Board of Appeals; Greenburgh Building, Engineering, Legal and Planning departments; and all names on the CGCA and the Secor Homes Civic Association membership lists.
Ms. Wielk reported that she had received a telephone call from Alex Philippidis of the Westchester County Business Journal regarding the study. She also was contacted by David Gottlieb of the Scarsdale Inquirer, but he is unsure whether he will be permitted to cover the story since the study involves two businesses that are not located in the Hartsdale/Edgemont area.
Mr. Gold suggested that this state-funded study be the subject of a future CGCA cable television show.
GREENBURGH CAMPAIGN FINANCE COMMISSION RECOMMENDATIONS
At the April 11 Town Board meeting, Supervisor Feiner stated that the chairs of the Democratic and Republican parties had not responded to two written requests from him that they each submit two names for a committee to deal with cable TV campaign reforms. Stephanie Bellino immediately called "Dial Democracy" and informed Mr. Feiner that the Republican Party had complied. She said that she had received a phone call from Harriet Leib of the League of Women Voters, and within two weeks, she gave Ms. Leib the names of Sally Schaadt and Carol Devine-Molin.
When Town Councilman Steve Bass arrived at the CGCA meeting about 8:30 p.m., a discussion followed on his assignment to review the recommendations of the Greenburgh Campaign Finance Commission (GCFC) and report back to his colleagues on the Town Board on implementing the recommendations. Mr. Bass indicated that his goal was to try to do what is reasonable and what will work. Danny Gold informed Mr. Bass that the CGCA strongly supports the GCFC recommendations and is willing to work with him.
Mr. Bass reported on initial discussions that he had with some individual members of the Town Board. Supervisor Feiner appears to be supportive of an independent, not-for-profit cable TV board but expressed concerns to Mr. Bass about losing the $400,000 franchise fees from the general fund. CGCA members noted that the recommendations called for only 50% of the franchise fees, phased in over a 4-year period. Mr. Bass noted that Councilwoman Diana Juettner raised for the first time what he believes is a legitimate issue concerning contribution limits. Ms. Juettner noted that in the last election, she had a joint campaign committee with Councilwoman Timmy Weinberg. She questioned whether it was fair to ask individual candidates to have separate fund-raising committees. Mr. Bass noted that he also has problems with the recommended voluntary contribution limits applying to a joint campaign committee.
CGCA members were not surprised to learn that the incumbent Town Board members had concerns about the recommendations of the GCFC. It was agreed that the recommendations do not favor any candidates and incumbents are accustomed to having an advantage. The idea of reform is to level the playing field to give voters a greater choice. CGCA members noted that the Commission’s recommendations were unanimously supported by the GCFC. The GCFC included representatives from the Westchester League of Woman Voters, a staff attorney at the Brennan Center for Justice at NYC School of Law, the Director of the Michaelian Municipal Law Resource Center at Pace University and the Town Attorney, as well as various political party representatives and community members.
CGCA members continue to have concerns about Mr. Feiner’s plan to create a three-member cable TV committee with one Democratic and one Republican representative. The GCFC recommended that a five-member, multi-partisan Fair Election Practices Board (FEPB) be created which would determine the composition of and select members to serve on an independent, not-for-profit Cable Access Television Board. The FEPB would also oversee election campaigns for local Town offices and address any ethical or financial issues that may arise during those campaigns.
CGCA members discussed the incumbents’ usual practice of running as "a team." Mr. Bass noted that the team approach at election time is a political decision and a fairly common practice in many communities and used by many political parties. He acknowledged that few communities have a solid one-party lock on the municipal elective offices, as the Democratic Party has in Greenburgh. CGCA members noted that a voter’s choice is limited when a "team" petition is presented for signatures. Those wishing to sign for one person on a team petition are signing for all, and many voters don’t realize they are then precluded from legally signing a challenger’s petition.
Mr. Bass acknowledged that election laws are written to keep the incumbents in power. He also noted that New York State Election Law establishes contribution limits per election. It was noted that the lower contribution limits recommended by the GCFC were "voluntary." A candidate is free to accept more than the voluntary limits, but then would not be entitled to the "nugget" of additional time on cable access television. Regarding the issue of joint campaign committees, CGCA members suggested that individual candidates should run on their own records.
A question was raised about how to enforce the timely depositing of contributions received in an election campaign. There was concern that a candidate might agree to voluntary contribution limits to receive the additional cable TV time during the campaign, and then deposit contributions exceeding the voluntary limits after the election. Mr. Bass stated that a candidate must report when a check is received, not when it is deposited – to do otherwise is not only unethical but also illegal under New York State Election Law. CGCA members suggested that a Greenburgh Fair Election Practices Board could address this type of issue.
The GCFC also recommended that candidates for Town office should agree to participate in debates. Since the LWV does not hold debates during the primary season, the CGCA will consider holding debates if there are primaries this summer. In August 1999, the CGCA offered to sponsor debates for all candidates running in a primary for Town offices. Unfortunately, the debates for the Conservative Party line had to be cancelled to avoid "empty chair" debates. However, the debates between the four candidates running for Town Justice and the three candidates running for Town Council on the Democratic line were well attended and appreciated by a number of residents. The CGCA experienced difficulty in getting the Town to replay the debates on cable TV.
MILLENNIUM GAS PIPELINE
Alice Moroney reported that the latest proposed route for this gas pipeline in Westchester’s northern communities is along the Taconic State Parkway. She also reported that officials and residents in the cities of Yonkers and Mount Vernon are now expressing concern that the pipeline will be running under streets in heavily populated residential neighborhoods. She noted that a public hearing was held in Yonkers in March 1999. Steve Bass reported that today the County Environmental Committee discussed the issue. County Legislator Tom Abinanti will introduce a resolution at the County Board, seeking another public hearing in southern Westchester and a 45-day extension of the public comment period. Mr. Bass noted that County Legislator Kay Carsky has been vocal about the situation in Yonkers and Environmental Committee Chairman Michael Kaplowitz has spoken to Senator Schumer asking for the extension.
SPRINGHILL SUITES SEEKS VARIANCE FROM MORATORIUM LAW
The Town Board had originally scheduled a public hearing for March 28 on an application filed by Springhill Suites seeking a variance from the Moratorium Law. CGCA members had been very outspoken about the legality of holding a public hearing or granting a variance prior to the law taking effect. At the March 23 Town Board work session, Councilman Steve Bass was able to persuade his colleagues on the Town Board not to hold a public hearing on granting variances from the new Moratorium Law until after the law took effect on April 1, 2001. The public hearing on this application was rescheduled and held at the April 11 Town Board meeting. The board closed the hearing and will render its decision at the April 25 meeting.
The Springhill Suites application before the ZBA for area variances and a special permit is scheduled for a public hearing on Thursday, April 19. It is unlikely that the ZBA will be able to close the hearing on this case since the Moratorium Law prohibits the ZBA from making any findings on cases.
SOLOMON SCHECHTER SCHOOL
CGCA members raised concerns again about the destruction of trees and other vegetation on this property on West Hartsdale Ave where the Solomon Schechter school is being constructed. Last fall the Building Inspector issued a violation notice for removal of this vegetation, and the school was required to deposit $290,000 with the Town to correct the violation. The school filed an application with the ZBA seeking reversal and/or modification of the Building Inspector’s determination. The ZBA hearing, scheduled for April 19, has been adjourned again as the school seeks to work with the local civic associations to address the controversy.
It was noted that the Town Board has scheduled a special meeting with the Poets Corner CA for May 1 to discuss this and other issues. CGCA members suggested that everyone who drives on West Hartsdale Avenue is affected, not just the abutting civic association members. The Town Board should keep all residents advised about this matter.
EDGEMONT SEEKS TO PRESERVE HISTORIC SITES
Madelon O’Shea, President of the Edgemont Community Council (ECC), invited CGCA members to the Annual Meeting of the ECC on Wednesday, April 25, 2001, at 8 p.m. Mr. Peter Shaver, Historic Preservationist, from New York State Parks Recreation and Historic Preservation will be this year’s guest speaker. Since the Town permitted a century-old water tower to be demolished on Old Army Road, Edgemont residents have sought ways to preserve the remaining historic homes, barns, and trailways. Mr. Shaver has promised to work with the community.
It was noted that two Revolutionary War houses are on the market for sale now, and an historic "slave quarters" is in danger of being demolished. None of these properties have been listed on historic registers because such listing takes away economic value when selling and also requires one to open the property for research, a risk most owners do not wish to take.
PROPOSED REZONING EAST HARTSDALE
AVENUE
TOWN SEEKS COMMUNITY INPUT AFTER FORWARDING PROPOSAL
Deborah Bloom reported that there was standing room only for the more than 100 people who attended the April 3 meeting held at the Multipurpose Center to discuss a possible rezoning of the business section of East Hartsdale Avenue. A number of residents peeked in the door, saw there was no room and left. The audio system was inadequate and people in the back of the room could not hear. In addition, the Town did not provide a sufficient number of copies of the proposed zoning changes. Supervisor Feiner assured residents that the next meeting would be held at Town Hall. To no one’s surprise, an April 30 meeting has been scheduled at the Multipurpose Center. Mr. Feiner claimed that Town Hall was not available and he didn’t want to reschedule because everyone knew the date.
At the April 3 meeting, one landlord, Toby Ritter, was allowed to speak for over 30 minutes. He is requesting a rezoning to permit a fitness center/gym. A number of residents have concerns about permitting this use and/or other proposed uses, such as amusement arcades including pool tables. Those who have seen the proposed wording question why it is necessary to have pages of rhetoric about design standards for possible new construction when it is unlikely any of the existing buildings will be razed and replaced.
The most common issue raised at the April 3 meeting was parking. Not just the quantity, but the poor appearance of the lot and a lack of easy access from the street. A separate meeting dealing with the Hartsdale Public Parking District is scheduled for April 25. Mr. Feiner’s "divide and conquer" methods were again questioned.
Ms. Bloom noted that at the meeting residents asked what the process was for the rezoning. After being pushed for a response, Nannette Bourne of Allee King noted that it would be modified based on the community’s recommendations and then it would go to the Planning Board and finally to the Town Board. Residents subsequently learned that it has already gone to the Planning Board. Residents wonder if they are wasting their time. It was noted that this proposal has not yet appeared on a Planning Board agenda.
SCOPING SESSIONS FOR DRAFT OPEN SPACE COMPREHENSIVE PLANS
The Town Board held public scoping sessions at the meetings on March 28 and April I I to discuss what should be included in the Generic Draft Environmental Impact Statement (GDEIS) that must be prepared before the board can vote on adopting the Draft Open Space Comprehensive Plan (DOSCP). At the March 28 meeting, Nat Parish, a planning consultant representing the Building and Realty Institute, raised questions about a number of procedural and substantive deficiencies in the DOSCP. At the April I I hearing, Mr. Parish spoke again and interestingly agreed with many of the issues raised by Madelon O'Shea and Ella Preiser. It is rare that consultants for major developers and community residents agree. When they do, it should raise flags.
Chief among the concerns raised is that the DOSCP is not truly a Comprehensive Plan. It deals with only 29 selected parcels and trailways. A number of elements that the community asked to be addressed were not included in the draft scope. However, all the Town Board members appear to have embraced the word "McMansions" and that issue may now be included. In addition, the Town has not provided copies of any of the proposed additions/revisions to the Zoning Ordinance for steep slopes, hilltops, wetlands, or a new recreation district. Questions remained unanswered about how the SEQRA review of these proposed laws will be handled without the required language. It appears that the Town Board has excluded the public and the Comprehensive Plan Committee from the process until the GDEIS is released for a public hearing.
POSSIBLE TOWN HALL/LIBRARY MOVE
It was noted that Supervisor Feiner has sent letters to residents living in the area surrounding Frank’s Nursery and the Westchester Golf Range on Dobbs Ferry Road, inviting them to attend the Town Board meeting on May 9 to discuss options regarding a future enlarged/relocated Town Hall/Library. Landauer, the firm hired by the Town for $20,000 to review various options, will be presenting its findings at this Town Board meeting.
TOWN USES INFORMATIONAL BROCHURE FOR POLITICAL PURPOSES
Concern was expressed that the Town’s "Spring/Summer Guide to Programs, Activities and Services" again is being used to distribute political literature. The brochure contains many misrepresentations in the Town Board’s "Dear Neighbor" letter.
- Campaign Finance Reforms.
In addition, it was noted that a professional Public Relations firm was paid to create the information on page 16 in the brochure about a possible Town Hall/Library move. The pictures on this page are of very poor quality. The page gives little new information other than the statement that such a move would cost the average homeowner no more than $60 a year. That figure is 50% higher than the $40 a year figure CGCA members were given at the December 12, 2000, CGCA meeting by Councilwoman Timmy Weinberg and Town Clerk Alfreda Williams.
MISCELLANEOUS
Avalon Green II. Danny Gold reported that Mark Weingarten, the attorney representing the developers seeking to build 800 rental units on Nob Hill, has sent a letter to the Town requesting that it be duly noted that they have submitted a preliminary design and their proposal is undergoing SEQRA review. The developers appear to be concerned about the recommendations for this property in the Town’s Draft Open Space Comprehensive Plan, which is still in the review stage.
Optimum TV Internet Access – Not in Greenburgh. It was noted that The Wiz and possibly other stores sell Optimum TV Internet Access. Area residents should be advised not to purchase this product as it is not operational in Greenburgh.
Police Advisory Commission Discusses Placing Police in the Schools. Francis Sheehan reported that he attended the Police Advisory Commission meeting last night. The meeting was well attended. Supervisor Feiner’s suggestion of placing police "resource" officers in the schools was discussed and wasn’t well received. One member was adamantly opposed to the idea. One member was quasi in favor. Most other members felt the issue needed more study.
Gasoline Station Convenience Store Selling Beer. It was noted that the Sunoco Gas Station at Four Corners, Hartsdale is selling beer in violation of the Town’s ordinance.
Reception for Newcomers. Madelon O’Shea and Ella Preiser volunteered to welcome new residents of Greenburgh at the reception to be held on May 9, 2001, at the Multipurpose Center at Anthony F. Veteran Park. Other volunteers were also sought. The CGCA’s goal is to encourage new residents to join their local civic group and become active in Town affairs.
Mighty Joe’s to Go. It was noted that an article appeared in the April 4, 2001, issue of the Journal News about this popular take-out place at the Four Corners, Hartsdale. The article suggests that "four tiny bistro tables" do not provide enough seating. CGCA members noted that this business has not received a special permit for either a restaurant or incidental dining to allow seating, inside or out. The issue was mentioned at the April 4 Planning Board meeting.
Police Praised for Traffic Control. It was noted that numerous police were present to direct traffic along West Hartsdale Avenue during the Palm Sunday and Easter Sunday church services. CGCA members noted that the police did a fine job keeping traffic moving. It was questioned whether the church is required to pick up the cost for the police service.
Trees Removed – Christ Church Alive, Secor Road. Questions were raised about the number of trees that have been removed along the parking lot of this church. It was noted that the church received site plan approval last year to increase the size of its parking lot.
Zoning Ordinance Provisions Removed. Ella Preiser discovered that, in 1994, a whole section of the Zoning Ordinance was inadvertently deleted. The section deals with conformity, required open spaces and yards, and division of existing lots. Research appears to indicate that the Town Board never voted to delete or repeal this section. Ed Lieberman, Deputy Town Attorney for the Zoning Board of Appeals, was asked by the Town to look into the matter.
Usefulness of Moratorium Law Questioned. The Town Board has already heard two requests for variances from the Moratorium Law – Spring Hills Suites and Glenville Woods. It was noted that variances will also be requested by the applicants for Landmark at Eastview, Glusker and Goldberg. CGCA members suspect many more variance requests will be filed.
Difficult to reach lawyers in the Legal Department. Madelon O’Shea noted that it is difficult to reach lawyers (for planning and litigation) in the legal department because they are part-time.
"60 Minutes II" to feature Hartsdale Family. Stephanie Bellino announced that the story about the Hartsdale family with five children enrolled in the Julliard School of Music will air on CBS next Tuesday.
May 200l CGCA Meeting. Chairman Danny Gold reminded CGCA members that next month’s meeting will be held on May 8, 2001, the second Tuesday of the month. The May meeting date was changed to avoid conflict with school district budget votes and board elections.
Distributed:
- Copies of correspondence received by Robert Reninger, President of the Broadview CA, from Robert Freeman, Executive Director of the Committee on Open Government. Mr. Reninger had sought advisory opinions regarding compliance with the New York State’s Open Meetings Law on two issues: (1) Town Board "road show" meetings and (2) Planning Board meetings held in the Town Hall conference room which is too small to accommodate persons interested in attending.
- Copies of the Edgemont Community Council’s annual newsletter, courtesy of Madelon O’Shea, President of the ECC.
- Copies of a memo from Alice Moroney, dated April 9, 2001, to the Secretary of the Federal Energy Regulatory Commission regarding Town of Greenburgh concerns with the proposed Millennium Gas Pipeline.
- Copies of three articles appearing in the Journal News regarding the gas pipeline: (1) "PSC approves Taconic route for gas pipeline," by Stacy Brown, on April 10; (2) "Protest over pipeline pays off," by Michael Risinit, on April 11; and (3) an editorial, "The Millennium Pipeline," on April 12.