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COUNCIL OF GREENBURGH CIVIC ASSOCIATIONS Minutes of Meeting – April 20, 2004 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 2004 dues from the following civic groups: Ardsley Estates Civic Association To date, thirty-four civic groups have paid dues for the year 2004. The April 20, 2004 meeting was held at the Theodore D. Young Community Center. CGCA representatives voted to approve minutes of the CGCA meeting held on February 17, 2004. Ella Preiser noted one error on Page 4 of the CGCA March 2004 Update. It was incorrectly stated that BMW had purchased the adjacent County Limousine property. BMW is leasing the adjacent property. CGCA representatives voted to accept the CGCA March 2004 Update as corrected. "Happy Birthday" greetings were extended to those with April birthdays: Elinore Gordon, Hal Samis and Bob Reninger. Belated "Happy Birthday" greetings were extended to those with March birthdays: Bill Greenawalt, Madelon O’Shea and Steve Bass. IMPACT OF STEEP SLOPES LEGISLATION ON HOMEOWNERS DISCUSSED Danny Gold reported that a member of his community had sent an email to Supervisor Paul Feiner recommending that homeowners be excluded from the provisions of the Town’s "steep slopes" law. Mr. Feiner forwarded the email to the Town Board members, Building Inspector John Lucido and Planning Commissioner Mark Stellato. Mr. Gold said the email notes that while the law is positive in some respects, it is harmful to small homeowners who are forced to spend $1,000 to $1,500 or more to hire surveyors for improvements to their property, such as patios, swimming pools and garden sheds. Ella Preiser told CGCA representatives that the steep slopes law does, in fact, include a minimum threshold so certain minor improvements are exempt from the law. Madelon O’Shea, Ella Preiser and Bob Reninger noted that in April, May and June of 2003, they spent many hours working with Planning Commissioner Mark Stellato to craft laws that would not place an undue burden on the owners of small parcels containing existing structures. Most of their suggestions were rejected by the Town Attorney’s office. They said they were unwilling to devote any additional efforts on this matter. A brief discussion was held about whether the CGCA should recommend changes to the existing law. David Kreiness suggested that the CGCA wait to see what, if any, changes the Town proposes before offering any comments. Other CGCA representatives agreed. On a related matter, Bob Reninger reminded CGCA representatives the Robert Martin Company (RMC) filed a lawsuit in October 2003 against the Town regarding the Comprehensive Plan and the Steep Slopes legislation. RMC argued that if the Comprehensive Plan is upheld, the entire Greenburgh Zoning Ordinance should be overturned. The Town Board hired an outside attorney, Michael Zarin, to defend the Town. He has filed papers asking that the RMC case be dismissed because it is not "ripe" for adjudicating since the SEQRA process has not been completed regarding the RMC proposal to develop Nob Hill with 800 rental apartments. It was noted that Mohawk Day Camp also filed a lawsuit against the Town over the proposed up-zoning recommended in the Town’s "Open Space" Comprehensive Plan. UNIFICATION CHURCH PROPOSES FIVE-LOT SUBDIVISION Danny Gold informed CGCA representatives that the Unification Church proposes to build housing on a parcel it owns on the eastside of Taxter Road. In July 2003, as part of a tax certiorari settlement, the church agreed to convey 15+ acres of property to the Town of Greenburgh for one dollar. The church maintained ownership of an adjacent piece of property of 5+ acres. The property is zoned R-40 (requiring 40,000 square feet per housing unit). The church is proposing a five-lot subdivision containing million dollar homes. Mr. Gold noted that members of the East Irvington community met and discussed the proposal. They recognized that there must be compromises. Since the Town received 15 acres, they will support the proposed subdivision when it comes before the Planning Board. POOR PLANNING RESULTS IN MUDSLIDE INTO TWO PONDS Danny Gold reported that the heavy rains last week caused mudslides into two ponds – the pond at the Taxter Road Nature Preserve and a pond on a homeowner’s property. Mr. Gold noted that the Town had contracted to build an alternate water pipe to the East Irvington water tower and is drilling under the Saw Mill River Parkway to provide a closed loop. He noted this is a positive undertaking. However, the contractor did not do an adequate job in building a road through the Nature Preserve and did not respond to initial environmental concerns raised by residents about the road. Last week’s heavy rains eroded the improperly prepared road and resulted in the mudslides. Subsequently, the proper silt fencing was installed. Mr. Gold noted that the Town Engineer was away last week and the Town’s engineering department did not respond well to the situation. The Department of Environmental Conservation has been called. A mandatory meeting has been scheduled. Mr. Gold said it will cost "big bucks" to rectify the damage. PLANNING BOARD URGES OPTIMALLY
PLANNED SUBDIVISIONS Madelon O’Shea reported that at its meeting on April 7, 2004, the Planning Board again discussed the issue of property owners with oversized subdividable property who obtain a building permit to erect one house and then apply shortly thereafter for subdivision. Councilwoman Timmy Weinberg strongly objected to the Planning Board’s earlier suggestion that the owner be required to seek Planning Board review and approval. The Planning Board revised its recommendation and passed a motion urging the Town Board to fast-track a code revision that would prohibit an owner who obtained a building permit for one house on an oversized parcel from applying for a subdivision of the property for at least five years. The intent is to ensure good planning and optimal subdivisions. Mrs. O’Shea said there are concerns about several properties in Edgemont and other areas of the Town. TRAFFIC CONCERNS STALL DUNKIN’ DONUTS DRIVE-UP WINDOW REQUEST At its work session on April 7, 2004, the Planning Board again discussed the amended site plan application to create a drive-through window at the Dunkin’ Donuts store in the Greenburgh Shopping Center on Knollwood Road. The owner of the Royal Palace restaurant next door raised safety concerns for restaurant patrons. David Kreiness raised questions about possible interference with deliveries (from 43-feet long trucks) to the restaurant. Michael Maris, a traffic engineer hired by the Planning Board, suggested the drive-through window probably shouldn’t be constructed. However, improvements to the ingress/egress to the shopping center from both Knollwood Road and Dobbs Ferry Road were discussed. Engineers representing Dunkin’ Donuts asked for another opportunity to resolve issues of concern. The Planning Board agreed to continue discussing the issue at its work session on April 28, 2004. CGCA representatives discussed this proposed drive-through window which would be located at the rear of the store (Dobbs Ferry Road side) and accessed by driving around the Royal Palace restaurant. It was agreed that the concept of a drive-through window is not a bad idea, but the placement is far from ideal. Deborah Bloom noted there is decent parking at the shopping center and questioned whether Police Chief John Kapica had reviewed the safety issues. The overall appearance of the shopping center, including illegally parked trailers and numerous potholes, was also discussed. It was noted the Planning Board has invited the owner of the shopping center to attend a meeting to discuss these problems. Danny Gold mentioned the brightly colored Dunkin’ Donuts yard sign at the Knollwood Road entrance to the shopping center. It appears the obtrusive-looking sign across from a residential neighborhood complies with the Town’s sign law. TOWN BOARD REISSUES FORTRESS BIBLE CHURCH SEQRA FINDINGS AFTER COURT RULES BOARD VIOLATED OPEN MEETINGS LAW CGCA representatives noted that at its meeting on April 14, 2004, the Town Board again issued findings under SEQRA and rejected the proposal to build the Fortress Bible Church and School on property on Dobbs Ferry Road near the Sprain Brook Parkway. At that meeting, Blase Spinozzi, President of the Hilltop Farms CA, and Cynthia Doyle, on behalf of the Poet’s Corners CA, joined other area residents and Town officials in voicing opposition to the proposal because of environmental, traffic and safety concerns. The Town had previously issued findings and rejected the proposal at a work session in January 2004. Last month a judge ruled the Town Board violated the Open Meetings Law by not giving public notice of the January meeting and threw out the findings. Bill Greenawalt mentioned an article appearing in today’s local paper that stated the church has amended its original lawsuit to challenge the Town Board’s latest decision. SOUTHERN GREENVILLE APPEALS FLAG
LOT INTERPRETATION OF BI Ella Preiser reported that at its meeting on April 15, 2004, the ZBA opened a public hearing on the civic association appeal of the Building Inspector’s (BI) determination regarding a flag lot in the Castle Walk subdivision that was granted preliminary approval by the Planning Board. She noted that when the ZBA opened the hearing, Ruth Roth, an attorney representing the developer of the subdivision, immediately objected to the ZBA hearing the case on jurisdictional grounds. ZBA Chair Steve Belasco ruled that the board would follow its standard procedure and hear first from the applicant. Jim Williams, President of the Southern Greenville CA and Bob Bernstein, an attorney and President of the Greenridge CA, presented the case challenging the BI’s decision that the second flagpole (access strip to Fort Hill Road) is part of the rear yard and can be included in the total lot area. ZBA member Rohan Harrison pointed out that according to a NYS Court of Appeals decision, civic groups must demonstrate they meet certain criteria to have "standing" to appeal a Building Inspector’s decision. [Standing is the right or capacity to file an appeal.] Ms. Roth then argued that the Southern Greenville CA did not file its appeal within the 60 days prescribed by law. Because of time constraints, the hearing was adjourned to May 20, 2004. Bob Reninger told CGCA representatives that it was very disturbing to hear a ZBA member question a civic association’s right to appeal to the ZBA for an interpretation. He noted that civic groups have historically been afforded a right to appeal to the ZBA in Greenburgh. He urged the CGCA to take a stand on this issue. Madelon O’Shea noted a review of the plans of the Castle Walk subdivision indicates that the square footage of the lots has changed since the Planning Board gave preliminary approval for the subdivision. No explanation has been given. Mrs. Preiser noted the plans incorrectly show a "front lot line" on the flag lot, and she questioned the accuracy of the square footage. The case is listed on the Planning Board’s agenda for tomorrow’s (4/21/04) meeting. It is unlikely the Planning Board will make a decision since the appeal is pending before the ZBA. PLANNING BOARD APPROVES ‘UGLY’ BMW FAÇADE CHANGES At its meeting on April 7, 2004, the Planning Board, relying on the vote taken at its previous meeting, approved the letter granting BMW amended site plan approval for the box-like façade changes made (without approval) to the building under construction. Deputy Planning Commissioner Thomas Madden informed the board that BMW would be making an application for approval of a ramp connecting the BMW building to the adjacent County Limousine property. The ramp was installed without approval and does not comply with Town code provisions. Lorrin Brown mentioned that the Fairview Fire Department stores a fire truck in the County Limousine garage. CGCA representatives questioned why the ZBA was not addressing whether BMW required another variance because of the façade changes. Francis Sheehan replied that one ZBA member does not believe in re-opening cases and a unanimous vote of the ZBA is required to re-open a hearing. He noted the ZBA is an appellate board and could hear a new case brought by an aggrieved property owner challenging the Building Inspector’s decision. Madelon O’Shea said the community is discussing whether to file an appeal. SUPERVISOR FEINER FAILS TO FUND
NEW SIDEWALKS AS PROMISED CGCA representatives raised concerns that infrastructure costs are being postponed to later years. It was noted that the issue of "sidewalks" was raised during the public hearing on the 2004 Capital Budget at the Town Board meeting on April 14, 2004. Supervisor Feiner proposed $125,000 for sidewalk rehabilitation in the budget, as he has done during the past three years. He did not include any money for new sidewalks he has been promising to residents in Edgemont and other areas. Mr. Feiner asked DPW Commissioner Al Regula how much money should be included in the budget for sidewalk repair. Mr. Regula asked for an additional $100,000. In response to questions by Francis Sheehan and Ella Preiser, Mr. Regula revealed that millions of dollars would be necessary to repair all existing sidewalks and the Town will never catch up with repairs at the current funding levels. Mr. Feiner suggested an additional $20,000 be added to the budget for sidewalks. Councilwoman Diana Juettner recommended an additional $50,000. The Town Board voted to approve $50,000 more, for a total of $175,000 for sidewalk repair. On a related matter, Madelon O’Shea reported that she has not received a response to her February 2003 letter asking the Town to provide information on the location of existing sidewalks/footpaths – their condition, estimated cost and a timetable for any repairs that may be necessary, and who maintains/shovels sidewalks/footpaths along town, county and state facilities/properties. BARNES AND JUETTNER PROPOSE OLD
TOWN HALL SITE COMPROMISE At its meeting on April 14, 2004, the Town Board passed a resolution (by a vote of 4 to 1) stating that the need for library expansion would be considered first before any decision to sell the old Town Hall site. The resolution also gave Supervisor Paul Feiner the authority to collect data during the next 90 days regarding the possible sale of the old Town Hall property to Sunrise Assisted Living if it was unneeded by the Library or for other Town purposes. Councilwomen Eddie Mae Barnes and Diana Juettner worked hard to create this compromise resolution. Community members thanked them for their efforts. Councilman Steve Bass also thanked Ms. Barnes and Ms. Juettner for creating the new language but voted against the resolution. He noted that Mr. Feiner had already made up his mind and commented in an email over a year ago that he wanted to fast-track the sale of the old Town Hall site to Sunrise. Mr. Bass said he saw no reason to pass a resolution giving Mr. Feiner authority to collect data to support a previously publicized conclusion. Ella Preiser agreed and said documents from a year ago indicated Mr. Feiner had decided to sell the property to Sunrise. She showed CGCA representatives a copy of last year’s Town Board agenda for the meeting on April 9, 2003. Under "Supervisor’s Announcements" is listed "recommendation: town will sell existing town hall to a developer of assisted living housing. Library Board and architect endorsed this recommendation." Mrs. Preiser said this announcement appeared on the agenda more than a month before Mr. Feiner sent out a request for proposals (RFP) for the old town hall site. Steve Bass told CGCA representatives that Mr. Feiner had said at a Town Board meeting in February of this year that Mr. Bass had voted to send out the RFP on the old Town Hall site. A review of the records reveals that no vote was taken by the Town Board to send out an RFP. Mr. Feiner sent out the RFP on his own. Immediately after the resolution was passed at the meeting on April 14, 2004, Mr. Feiner announced that he believed he was authorized to enter into an exclusive agreement with Sunrise and had already scheduled a meeting with Sunrise and the Chair of the Library Board for the next day. A Library Board member strode to the microphone to question Mr. Feiner’s announcements. Bill Greenawalt said the reason community members were so stunned and angry was because they felt there actually was a new beginning. CGCA representatives questioned why the Library Board would endorse selling the site to Sunrise. Mrs. Preiser said members of the Library Board were in a difficult situation. They were told the library could not have the whole site. There was obviously some intimidation since Library Board Chair Howard Jacobs stated at the work session on February 24, 2004, that if the property wasn’t used by Sunrise, an auto dealership might develop the site. Elinore Gordon told CGCA representatives that intimidation is not a new tactic. In 1972, when a developer proposed a used car dealership on the nursery site that is currently the new Town Hall (177 Hillside Avenue), the community was told if they didn’t accept a used car dealership, they might get a slaughterhouse. Madelon O’Shea noted that there are major steep slopes on the Library and old Town Hall sites. She also pointed out that the sale of the old Town Hall site would provide revenue for the "A" (townwide) budget but Library expansion costs would come from the "B" (unincorporated) budget. Francis Sheehan reminded that taxes received from any sale of the old Town Hall site would go to the "A" budget, the county, school and fire district, etc. David Kreiness expressed concern about the continued "for profit" status in the future if the property is sold. Bob Reninger encouraged residents to attend the Library Board meetings, which are held on the fourth Thursday of each month at 7:30 p.m. at the Library. On a related matter, Mrs. Preiser told CGCA representatives that there is a rumor making the rounds that the Robert Martin Company (RMC) would donate a large sum to the library fund if RMC receives approval to develop its Nob Hill site with housing units. It was noted that the same law firm that represents RMC also represents Sunrise Assisted Living. UPDATE ON HASTINGS WARBURTON AVENUE AFFORDABLE HOUSING Mary Jane Shimsky provided an update on the recent affordable housing controversy. The property in question is located on Warburton Avenue in the village of Hastings-on-Hudson. Because of tax defaults a number of years ago, Greenburgh acquired the property. The property is very rocky with a narrow buildable area. A developer who is planning to build luxury housing on two other lots in Hastings had a deal with the Hastings Affordable Housing Committee (HAHC) to fulfill his quota for affordable housing on the Warburton Avenue lot. The developer originally submitted plans to build affordable housing units above commercial space. The neighborhood came out strongly against the proposal and the Hastings ZBA denied most of the variances requested. The developer then proposed eight affordable units and eight market-rate units in four buildings. The neighbors felt this would result in shoehorning an excessive number of apartments in an area with a huge parking problem. Two days before the Hastings ZBA was to hear the second application, Supervisor Paul Feiner decided it was time to send out a request for proposal (RFP) and the Town Board refused to extend the "preferred developer status" of the HAHC which had expired several months earlier. The neighborhood has called for all units to be affordable. Since then the developer "found" grant money and has prevailed on Mr. Feiner to give him time to present another plan before the RFP is sent out. CGCA members noted that "affordable" housing does not mean low-income housing. Elinore Gordon mentioned that "affordable" can be more expensive than existing housing. She noted several years ago there was a proposal to build a 3rd section in the Woodlands Hills area. The proposed "affordable" units were to be subsidized at $45,000 per unit. Residents in the Woodlands Hills Condominium and the Woodhill Civic Association opposed the proposal because there were properties in the area for sale at the same price. Residents living in one-bathroom single-family homes without garages or basements argued they should not be forced to subsidize what they considered "luxury" affordable housing. ZBA TO HEAR BROADVIEW APPEAL OF BUILDING INSPECTOR’S DECISION Bob Reninger reported that on May 13, 2004, the ZBA will hear the Broadview Civic Association’s appeal regarding whether a licensed health clinic is a permitted use in a Limited Office Building (LOB) zoning district. The Greenburgh Health Center has applied to build a new facility on the former Cooke’s Florist property on Knollwood Road in an LOB district. Mr. Reninger said a clinic appears to fall under the definition of "Hospital" in the Zoning Ordinance, and a hospital is not a permitted use in an LOB district. He said he has learned that the real applicant is the Mount Vernon Neighborhood Health Center, not the Greenburgh Health Center. It was reported that although the Greenburgh Health Center no longer has a lease at its former site on Tarrytown Road, an arrangement has been worked out with the new tenant so the clinic can continue to use the space until new facilities are available. SUPERVISOR "BUMPS" WEEKEND PLAYING OF TOWN BOARD MEETING VIDEO/AUDIO PROBLEMS PLAGUE SUBSTITUTED PROGRAMMING Ella Preiser noted that she received numerous phone calls this past weekend about what was airing on Greenburgh’s government access Channel 76. At Supervisor Feiner’s direction, instead of replays of the Town Board meeting of April 14, 2004, two other meetings were aired in a loop over the weekend. One was a portion of the Town Board work session of April 13 regarding probable traffic impacts from the proposed Ridge Hill Development in Yonkers. It was impossible to watch this program. The video was fuzzy and streaked and the audio faded in and out. The other program airing was the special Town Board meeting and brunch on April 3, 2004, celebrating the purchase of the 183-acre Taxter Ridge parcel as open space. While the audio and video were clear, they were not synchronized. It was especially disconcerting to watch and listen to a professional singer – Carol Demas – whose lips were not moving in sync with her voice. CGCA representatives discussed the continuing poor quality of Greenburgh’s public and government access cable television programming. Mary Jane Shimsky was disappointed to hear about the quality of the work session tape regarding Ridge Hill. She indicated she wanted to obtain copies of the tape to air on village cable channels. ZBA DENIES SAM’S CLUB APPEAL OF BI "GAS STATION" DETERMINATION Ella Preiser reported that at its meeting on April 15, 2004, the ZBA voted (5-0-1) to uphold the Building Inspector’s (BI) decision regarding the Sam’s Club appeal. ZBA member Larry Doyle abstained from the vote because he had not been present for discussions at previous ZBA work sessions. During the public hearings on the appeal, the applicant’s attorney provided several novel arguments:
The ZBA rejected these arguments and agreed with the Building Inspector’s determination that a "fueling station" is a "gasoline service station" as defined by the Zoning Ordinance. The Zoning Ordinance specifically prohibits gasoline service stations in combination with retail stores in the Designed Shopping (DS) zoning district where Sam’s Club is located on Route 9A north of Elmsford. MISCELLANEOUS New Flag Lot Prohibition Awaits Town Board Action. Madelon. O’Shea mentioned that there has been no indication that the Town Board has asked the legal department to prepare new legislation regarding flag lots. 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 Zoning Ordinance. The Planning Board voted at its meeting on March 17, 2004, to recommend that the Town’s code be amended to prohibit the creation of flag lots in the future. Illegal Housing Situation on Route 9A Being Corrected. Tim Lewis provided an update on actions regarding the seriously overcrowded multifamily house at 172 Saw Mill River Road (Route 9A) in North Elmsford. He noted that some tenants were evicted but most left voluntarily. The building is being converted back to the eight apartment units that were previously approved by the Town. The pending legal case is on the court calendar for May 6, 2004. Planning Board Recommends Country Club Expansion Plan. At its work session on April 7, 2004, the Planning Board heard a presentation about expansion plans from representatives from the Elmwood Country Club on Dobbs Ferry Road. The club proposes a minor addition to its existing dining room and construction of an outdoor dining pavilion. The Planning Board voted unanimously to recommend the proposed plans to the Town Board. Winding Farm Estates Subdivision Hearing Postponed. Because requested information had not been supplied, the Planning Board on April 7, 2004, adjourned until April 21, 2004, the Public Hearing on the application to create an eight-lot subdivision on Winding Farm North in Ardsley. Openings Still Exist on "Historic" Board. It was noted that the Town Board has now appointed four members – Milton Hoffman, Madelon O’Shea, David Busing and Eda M. Burne – to serve on the seven-member Historic and Landmarks Preservation Board that was created by local law in June 2003. No meeting of the board has yet taken place. Mrs. O’Shea said the group is looking for a landscape architect. Westchester View Lane Buffer to be Restored. Tim Lewis reported that the Town now has received $18,500, the amount the owner agreed to pay to settle the lawsuit regarding destruction of a buffer. In November 2002, workers cut down numerous trees and other vegetation at 65 Westchester View Lane, in violation of Planning Board resolutions that clearly stated the buffer must be maintained in its natural state. Most of the settlement – $13,500 – will be used to replace the trees and restore the buffer. Planting is expected to begin shortly. ZBA Schedules Special Meeting. At its regular meeting on April 15, 2004, the ZBA scheduled a special meeting for May 13, 2004, to deal with a sudden surge of applications. The ZBA will meet two Thursdays in a row during the month of May – May 13 and May 20. Another New Procedure for FOIL Requests. Bob Reninger reported that the Town has again changed the rules regarding Freedom of Information Law (FOIL) requests. He said that the Town now requires those wishing to inspect Planning Board or Zoning Board of Appeals case files to first go to the Town Clerk’s office and fill out a FOIL request form. Bill Greenawalt Elected Chair of County Parks Board. CGCA representatives congratulated Bill Greenawalt on his recent election as Chair of the Parks, Recreation and Conservation Board of Westchester County. It was noted that news articles about the election appeared in The Journal News, The Scarsdale Inquirer and The Westchester County Press. |
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