COUNCIL OF GREENBURGH CIVIC ASSOCIATIONS

Minutes of Meeting - May 14, 2002

The Council of Greenburgh Civic Associations seeks to provide information to and advance the common interests of member civic groups in important Town affairs. Thirty-six civic groups paid dues in the year 2001. The following groups have paid year 2002 dues as of May 14:

Ardsley Estates Civic Association
Beaver Hill Association
Birchwood Civic Association
Broadview Civic Association
East Irvington Civic Association
Granada Condominium III Association
Hartsdale Highlands Civic Assoc.
Hillside Wyndover Civic Association
Hilltop Farms Civic Association
Homestead Owners Corp.
Knollwood Manor Civic Association
Knollwood Neighborhood Association
Lower Manor Woods Neighborhood Association
Mayfair-Knollwood Civic Association
Orchard Hill Civic Association
Parkway Homes Civic Association
Secor Homes Civic Association, Inc.
Southern Greenville Association
The Colony at Hartsdale
The Sprain Road Association
Washington Avenue Civic Association
Westchester Hills Condominium
Winding Road Farm Association
Woodhill Civic Association

The May 14, 2002, CGCA meeting was held at the Theodore D. Young Community Center because Supervisor Paul Feiner has barred the CGCA from meeting at Town Hall.

To date, twenty-five civic groups have paid dues for the year 2002. There is $786.50 in the treasury.

Minutes of the April 16, 2002, CGCA meeting were read and approved for distribution.

Minutes of monthly CGCA meetings currently are read and approved at the following month's meeting. The approved minutes are then distributed to the membership. This process results in a 7 to 8 week delay between a meeting and distribution of the minutes of the meeting. In an effort to provide information in a more timely fashion, it was agreed that hereafter minutes of CGCA meetings will be mailed to members with the notice of the next meeting. Members will be asked to read the minutes at home and report any errors. Any corrections that may be necessary will be included in the minutes of the following month's meeting.

"Happy Birthday" greetings were extended to Francis Sheehan, member of the Antenna Review Board and Zoning Board of Appeals, and a regular attendee at CGCA meetings.

PROPOSED GEL-SPRAIN SUBDIVISION

CGCA members welcomed Ken Stahn, a resident of The Sprain Road Association. Mr. Stalin alerted CGCA members to the many concerns of residents of Sprain Road and adjacent communities regarding the proposed Gel-Sprain subdivision. The 43-acre parcel is located to the south of Ardsley Road between Sprain Road and the Con Edison power lines. The parcel backs up to the Boulder Ridge community. The property is heavily wooded and steeply sloped. Toll Brothers is proposing to develop the property with 53 single-family homes.

Mr. Stalin distributed a three-page document outlining the community's concerns. Concerns include: (1) Blasting and removal of the extensive bedrock on the site. (2) Traffic congestion and dangers along heavily used Ardsley Road, a sloping, winding road with limited lines of sight. The road provides access to schools, commerce, Central Avenue and the Village of Ardsley. (3) Aesthetic deterioration as the hill and woodlands are replaced with high retaining walls and artificial landscape. (4) Burdens on community facilities/services: schools, fire, ambulance, police, sanitation, water and recreation. (5) Hydrology problems since excessive runoff during heavy rains already causes overflow of the Sprain Brook. (6) Increased low water pressure ;problems, which already plague some residents on Ardsley Road. (7) Elimination of wildlife habitat, including an identified migratory flyway for a number of aviary species. (8) Destruction of what may be a Native American archeological site.

At its April 17 meeting, the Planning Board discussed this proposal and adjourned a decision on the final scope of the DEIS until June 5, 2002. COCA members noted that it is important to ensure that all the issues to be studied are included in the final scope. Elinore Gordon recommended independent environmental surveys during more than one season since some plants and animals are visible only at certain times of the year. CGCA members noted the problems Toll Brothers' developments have caused in other local communities, including White Plains, Armonk, Mt. Kisco and Ardsley. Madelon O'Shea noted that the Sierra Club and other environmental groups have faulted Toll Brothers for "wetlands swaps" in the state of Florida.

Mr. Stalin mentioned that the community would like to keep the property as a nature preserve in the Ardsley-Greenburgh Greenway. He noted that raising money to purchase the property would be difficult in the current economic climate. The Comprehensive Open Space Plan recommends that this parcel be subject to steep slopes legislation and up-zoned from R-20 to R-30 with a Conservation District overlay.

PROPOSED AVALON GREEN II DEVELOPMENT

CGCA members agreed that one of the highlights of the May 8 public hearing was the slide show presented by East Irvington resident Stuart Allyn. Mr. Allyn displayed the actual approved site plan for the Avalon Green I project that illustrated the vast number of trees to be saved. He then presented photographs showing the total destruction of trees that occurred. He asked why the community should trust this same developer again. Mr. Gold noted that Supervisor Feiner has scheduled a meeting for June 19 to review the Avalon Green I approvals to determine if the conditions imposed were implemented.

Mr. Gold told CGCA members that Supervisor Feiner continues to urge the community to compromise with the Robert Martin Company. The company has rejected all offers of compromise.

Alice Moroney reported that the Mount Pleasant Planning Board has once again required revisions to the plans for a Home Depot store on Route 9A on the former Union Carbide property. Home Depot offered to reduce the size of the store from 132,000 square feet to 116,000 square feet and provide some wetlands mitigation. On April 25, the appellate court upheld the Mount Pleasant Planning Board's earlier decision to deny site plan approval and a wetlands permit for the store.

While the Town of Mount Pleasant is not opposed to the construction of a Home Depot store on the site, it wants to ensure negative impacts are mitigated. At a meeting on May 2, the Mount Pleasant Planning Board requested the applicant to address a number of issues: (1) eliminating the impact on the wetlands, (2) a smaller footprint, (3) a 100-foot buffer, (4) ameliorating the impact on steep slopes, (5) a two-story parking structure, (6) selective merchandising, (7) a tributary analysis, (8) the impact of an 11% reduction in the size of the store proposed, (9) traffic analyses regarding use of Route 9A and the Sprain Brook Parkway, and (10) a history from other communities regarding traffic proposed versus actual traffic when a store was constructed.

The ZBA will hear the two cases of concern to the Fort Hill Association on May 16, 2002. In ZBA case #01-49, the CGCA will support the Fort Hill Association and ask that the ZBA deny the request for a variance from the required 18-foot side yard setback for a driveway at 315 Evandale Road. There are no physical constraining features on this property. The applicant has 40,000+ square feet of land while only 30,000 square feet is required in the zoning district. The applicant also has 165 feet lot width while the district only requires 135 feet. Since the applicant plans to demolish the existing house and construct a new one, there is no reason why the house: cannot be designed to meet the minimum requirements of the Zoning Ordinance without the need for a variance.

In ZBA Case #02-10, the CGCA will support the Fort Hill Association and ask the ZBA to overrule the Building Inspector's opinion that a nonconforming accessory driveway may remain even though the principal structure has been demolished on the property if an application has been filed to construct a new principal structure. The Building Inspector's opinion has town-wide ramifications and would ensure that nonconforming structures would never be eliminated.

PROPOSED MIDWAY SHOPPING CENTER EXPANSION

While the community was told that discussions about possible expansion of the Midway Shopping Center would be public, it appears that some Edgemont residents have been approached to attend small social gatherings in the afternoon with the developers. David Kreiness reported on one such event that he attended last week. The developers claim they want to bring upscale tenants to Central Avenue and need to expand the shopping center to get an adequate return on their investment. Gourmet Garage (a food store) is expected to open in June, and the developers noted they are close to signing a lease with Linens `N Things. The developers mentioned they may not renew the lease for Red Lobster (it expires in 12 years) and may tell Pizza Hut its lease will not be renewed. Several women in attendance at this and previous gatherings have stated that they want a safe mall with upscale stores where their teenage daughters could shop. The developers insist there would be no increase in traffic. When Mr. Kreiness raised questions about traffic and parking, the developers told him that they would discuss the issues with him after the meeting.

COMMITTEE TO PRESERVE TARTER RIDGE
SEEKS FUNDS AND SCHEDULES WALKING TOURS

Mr. Gold reported that the Committee to Preserve Taxter Ridge is planning public walking tours of the Unification Church property at 4 p.m. on Sunday, June 9, and at 11 a.m. on Saturday, June 22. Those planning to attend the walking tours should meet at the cul-de-sac on Roundabend Road, off of Tarryhill Road, across Route 9 from Lyndhurst.

The heavy rains that fell on May 12 and 13 apparently did not cause any damage to properties along the Saw Mill River in the Elmsford/North Elmsford area. Frank D'Eufemia reported that water did begin rising over the riverbanks in the Babbitt Court area, but no flooding of property occurred. It was noted that water pooled in the driving lanes of Route 9A from Sam's Club south and the intersection of Lamont Street and Nepperhan Avenue was impassable; however, there appears to have been no flooding damage to North Elmsford business properties.

Mr. D'Eufemia noted that the Town's DPW has removed hundreds of cubic yards of fallen trees and other debris from the Saw Mill River since the Father's Day flood in 2001. The Town will provide an update on measures to address flooding conditions at the June 12 Town Board meeting that will be held at Babbitt Court. Mr. D'Eufemia also noted that somebody has been surveying along the bike trail; paint marks identify where utilities are buried.

CGCA members asked Francis Sheehan to provide an update. He reported that Mr. Bodin raised an objection at every question during the review of a provider's application at the May 13 ARB meeting. The ARB has the responsibility of reviewing applications for completeness. Mr. Bodin claims the ARB does not have the authority to require accuracy in an application, only completeness. CGCA members expressed concern about Mr. Bodin's failure to appreciate the need for accurate information in applications and his apparent disdain for Greenburgh's nationally recognized Antenna Law.

On May 7 Alan Hochberg attended the Town Board work session and presented the policy that he, Police Chief John Kapica, and Councilwomen Eddie Mae Barnes and Diana Juettner developed to grant civic and community groups access to Town Hall in the evenings for meetings. Mr. Hochberg recommended that the policy be implemented as soon as possible. Councilman Steve Bass recommended the policy begin on June 1. Supervisor Paul Feiner stated that the trailers would arrive sometime in May and the policy would begin when files are moved from the hallways.

Copies were distributed of an e-mail Supervisor Feiner sent this afternoon announcing the policy for reopening Town Hall to community groups for meetings. Ella Preiser noted that Mr. Feiner had sent this message before the Town Board met in wort-, session today and discussed the new policy and changes to the draft application forms. It was noted that Mr. Hochberg is referred to as Chair of the Poet's Corner Civic Association in the e-mail, and the proposed policy was presented on Poet's Corner stationery. In March in response to a question, Mr. Feiner had stated that Mr. Hochberg was not representing any group in developing a new policy.

Ella Preiser reported that in response to her FOIL request, she was given copies of the correspondence between the Town Attorney and the State Attorney General's office regarding who determines policy about the use of Town Hall - the Town Board or the Supervisor. At the Aprill 10 Town Board meeting, Town Attorney Susan Mancuso stated she had not received a response to her January 24 letter. In fact, she received a written response February 11 and had discussed this subject over the telephone with the Assistant Solicitor General in Charge of Opinions prior to that date. Mrs. Preiser read the contents of the two letters to CGCA members. It appears obvious that the Town Board members have known since January 14 that they are responsible for determining policy regarding the use of Town Hall. (On that date Councilman Bass received a written opinion from the Association of Towns.) It is unclear why the four Councilpersons have abdicated their responsibility and allowed Supervisor Feiner to dictate policy.

On a related matter, Cleo Oliver noted that a recent trip to Town Hall to pay her taxes was a very unpleasant experience. She found the parking lot full and had to circle the block. She had to wait in a long line to sign in, another long line to pay her taxes and then was expected to wait in a third long line to sign out. Several CGCA members said they had experienced similar problems.

WHERE TO MEET FOR CGCA MEETINGS

Inasmuch as it is unclear when Supervisor Paul Feiner will grant access to Town Hall for community group meetings, it was agreed to hold the June 18 CGCA meeting at the Community Center.

At the April 23 Town Board work session, Planning Commissioner Mark Stellato reported that work is progressing on the preparation of a Draft Generic Environmental Impact Statement (DGEIS) regarding the Comprehensive Open Space Plan. Cashin Associates, the consultant hired by the Town to prepare the DGEIS, expects to have it ready by the end of May. Mr. Stellato presented schedules for two possible scenarios. If there is relatively little public comment on the DGEIS, the SEQR process could be completed in October of this year. However, if there is extensive public comment, the process will not be completed before January 2003.

CGCA members noted that at its April 24 meeting, the Town Board referred to the Planning Board for review a 7-month extension of the Moratorium Law to January 31, 2003. To date, the Town Board has not presented second drafts of the proposed. wetlands and steep slopes laws.

At the May 7 Town Board work session, Planning Commissioner Mark Stellato reported that his department has begun looking at the impact the proposed floor area ratio (FAR) legislation would have on existing neighborhoods. Planning Assistant Aaron Schmidt has completed a review of 47 properties in various single-family residence districts in town. Seven of the 47 properties in the sample (15%) would exceed the proposed FAR limits. The seven properties include recently built houses on Castle Walk Road and Faith Lane.

The goal of the proposed FAR law, introduced by Councilman Steve Bass in January, is to minimize the impact tear-downs and oversized houses have on the character of existing neighborhoods, but not make whole neighborhoods nonconforming. The Planning staff will increase the size of the sample. The Planning Board has scheduled a discussion on this issue at its May 15 meeting.

At last month's Police/Community Advisory Commission meeting, the Commission discussed the numerous piles of leaves blown/raked into the streets each fall. It was noted that the piles of leaves are a hazard to drivers and pedestrians, especially when they get wet, and the Town should do something to address the hazards. DPW Commissioner Al Regula attended the meeting and explained the problem.

On May 2, 2002, the Cable Advisory Board (CAB) held an "orientation/training" meeting at Town Hall for those wanting to produce programs to air on public access cable television. Telephone invitations had been extended to the 40 people on a list the Town had prepared. A few other people heard about the meeting and attended. (The CGCA, the ARB, and others were not on the list even though written requests for programs had been submitted to the Town prior to December 15, 2001.) Cable Coordinator George Malone told those present that his schedule would only permit helping a maximum of five additional producers a week. The CAB plans to recommend that the Town purchase camcorders and editing equipment for residents to use on their own. Mr. Malone stated that training sessions would be provided for all those wishing to produce programs.

Ella Preiser, Hal Samis and Francis Sheehan attended another meeting the CAB held on May 6 at the Multipurpose Center. The first item discussed at the meeting was whether the CAB had exceeded its advisory role by scheduling the orientation meeting. Several CAB members felt uncomfortable about having scheduled the meeting. (The Town Board discussed the meeting at its April 18 work session and authorized access to Town Hall and the hiring of a security guard.) The CAB then reviewed a schedule that provided estimates of the number of hours Mr. Malone (23+ hours) and his assistant Sandra Williamson (6 hours) devote to various activities each week. The CAB appeared to agree that no one should have shows produced by Mr. Malone but did not discuss real volunteerism. Also discussed was a job description for the Cable Coordinator, the list of equipment Mr. Malone has suggested the Town purchase, and revisions to the proposed policies and procedures for public access.

CGCA members agreed it is important to address the continued deterioration of Greenburgh's public access cable television. Mrs. Preiser said that the members of the CAB are really sincere and working hard to improve the system but are in an awkward role as to what they can and cannot do. The one area where she disagrees with the members of the CAB is when they discuss policies limiting the number of programs to 40 one-half hour programs a week on Channel 73. Once the 40 timeslots are filled, other residents would be placed on a six-month waiting list. Mrs. Preiser maintains that the Town should extend the amount of broadcasting time to include all Greenburgh residents who wish to produce a program. CGCA members questioned the difference between the 29+ hours per week the cable staff appears to work and the more than 40+ hours a week that are reported in the budget as being paid. The CAB has provided no explanation. According to cable staff, an average of 9 hours each week is spent updating the Bulletin Board. CGCA members noted the Bulletin Board is routinely out-of-date.

Thelma Washington asked what was wrong with the sound on the Greenburgh channels. Francis Sheehan explained that the hum is usually -the result of poor electrical service to the equipment and the Town is probably overloading the circuits. He noted the CAB recommended buying power conditioners for the incoming system. CGCA members also commented that the microphones in Town Hall do not appear to work properly during board meetings.

MISCELLANEOUS

CGCA to Honor Danny Gold. The CGCA will seek the opportunity to present an award to Danny Gold at the May 22 Town Board meeting. The meeting will be preceded by a picnic for volunteers, and CGCA members suggested this would be an ideal time to publicly acknowledge Mr. Gold's ten years of leadership as Chairman of the CGCA.

Millennium Gas Pipeline. Alice Moroney noted that it is unclear what the next action will be since Governor Pataki's office has opposed the pipeline crossing the Hudson River. She noted that Mount Vernon had found an acceptable route that avoided schools and heavily populated areas. However, Briarcliff and Ossining residents continue to oppose any route through their communities.

Unanswered Questions. Lorrin Brown remarked that he is troubled by Supervisor Paul Feiner's failure to answer questions posed by some community members at Town Board meetings. Mr. Feiner states that he will not interrupt the speaker and will answer all questions at the end. Mr. Brown noted that the Supervisor apparently does not take notes when questions are raised and frequently does not respond to the questions.

Proposed Historic Preservation Law. Madelon O'Shea reported that she and Ella Preiser have been working with Planning Board members Fran McLaughlin and Blanche Alter to write proposed legislation that would help to preserve historic landmarks/properties throughout Greenburgh. Many other municipalities have adopted historic: preservation laws. Mrs. O'Shea noted there is a need to dispel the rumor that a property loses value or one is prohibited from making improvements if a property is put on a historic register. Deborah Bloom noted that in New York City the laws are very strict about improvements to historic properties.

Kathwood Road Subdivision - Orchard Hill. At a special meeting on Thursday, May 9, the Planning Board issued a "Conditioned Negative Declaration" under SEQR, requiring additional landscaping and fencing for this proposed six-lot subdivision. The applicants must wait 30 days before the ZBA can render a decision on the request for an area variance for one of the proposed lots. The Planning Board has recommended that the variance not be granted. The applicants must also return to the Planning Board for subdivision approval.

ZBA Denies Variances. At its April 18 meeting, the ZBA denied the requests of two Greenburgh auto dealers.

(1) White Plains Mazda, Tarrytown Road„ had sought modification/removal of conditions imposed by the ZBA in 1993 that restricted the use of outside parking spaces to customer parking only.

(2) Scarsdale Ford, Central Avenue, had requested variances for one over-sized yard sign that would be 20 feet high and a second smaller yard sign. (The Zoning Ordinance permits only one yard sign.)

Building Department Fees Increased as Much as 900%. At its May 8 meeting, the Town Board passed a resolution raising the fees that the Building Department charges for applications and permits without public discussion. The increase in many of the fees ranges from 100% to 900%.

Sanitation Workers Still Without a Bathroom Door! Cleo Oliver reported that there is still no door on the bathroom at the Town Sanitation Garage, which was dedicated in May 2001. The door-less bathroom is at the end of the building entrance main hallway and not far from the small room where employees eat their lunches.