COUNCIL OF GREENBURGH CIVIC ASSOCIATIONS
Minutes of Meeting – May 25, 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
Ardsley – Hillcrest Park Civic Association
Babbitt Court Civic Association
Beaver Hill Association
Birchwood Civic Association
Broadview Civic Association
Chatterton Parkway Civic Association
East Irvington Civic Association
Edgebrook Cooperative, Inc.
Fort Hill Association
Granada Condominium III Association
Greenridge Association
Hartsdale Highlands Civic Assoc.
Hillside Wyndover Civic Association
Hilltop Farms Civic Association
Homestead Owners Corp.
Knollwood Manor Civic Association
Longview Association
Lower Manor Woods Neighborhood Association
Mayfair-Knollwood Civic Association
North Elmsford Civic Association
Northern Greenville Association
Parkway Homes Civic Association
Poet’s Corner Civic Association
Rex Ridge Apartment Corp.
Secor Homes Civic Association, Inc.
Southern Greenville Association
Stone Oaks Condominium
The Colony at Hartsdale
The Edgemont Association
The Sprain Road Association
Westchester Hills Condominium
Woodhill Civic Association
Woodlands-Bradley Civic Association
To date, thirty-five civic groups have paid dues for the year 2004. There is $1414.23 in the treasury.
The May 25, 2004 meeting was held at the Theodore D. Young Community Center. CGCA representatives voted to approve the minutes of the CGCA meeting held on April 20, 2004.
"Happy Birthday" greetings were extended to Stephanie Bellino and Francis Sheehan.
MEETINGS SCHEDULED FOR YONKERS’ "RIDGE HILL" DEVELOPMENT
Madelon O’Shea distributed flyers announcing a meeting scheduled for Thursday, May 27, 2004, to discuss the impacts of the Yonkers’ proposed Ridge Hill Village development. The meeting is sponsored by the Rivertowns League of Women Voters and will be held at the South Presbyterian Church in Dobbs Ferry. The enormous development proposed by Forest City Ratner includes 1.3 million square feet of retail space, 800 housing units, a 350-room hotel, and 150,000 square feet of office space. The proposed development is larger than the Palisades Mall and many times larger than the 400,000 square foot Austin Avenue shopping center housing Stew Leonard’s/Costco/Home Depot. The same roads would serve both the Austin Avenue and Ridge Hill developments.
Mrs. O’Shea noted that the first public hearing on the DEIS for the proposed Ridge Hill development will be held at the Will Library on Central Avenue in Yonkers on Thursday, June 17. Lorrin Brown will represent the CGCA at the hearing. Mrs. O’Shea mentioned that she spoke with Joyce Baumgarten, a spokesperson for Forest City Ratner, and requested additional copies of the DEIS for the community.
ANTICIPATORY SUBDIVISION LEGISLATION PREPARED
Madelon O’Shea reported that the Town Board has scheduled a public hearing for June 9, 2004, regarding a code change that would apply to applicants who obtain a building permit for one house and then subsequently seek a subdivision to build additional houses. The proposed law 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 Planning Board recommended the proposed code change to ensure optimal subdivisions. Mrs. O’Shea indicated concerns have been raised about four parcels in Edgemont and several parcels in other areas of Town.
ZBA MEMBER CLAIMS CIVIC GROUPS "WASTE TIME" OF ZBA
Madelon O’Shea reported that she spoke on behalf of the CGCA at the ZBA meeting on May 20, 2004, and rebuked ZBA member Rohan Harrison, who complained about civic groups filing appeals with the ZBA. Two groups – Broadview CA and Southern Greenville CA – have appeals before the ZBA and Mr. Harrison said it was "disconcerting" that community members were recruiting civic associations to file appeals. He stated it would be "an abuse of process" if civic groups "waste our time" by filing appeals every time they disagree with an interpretation of the Building Inspector. Other ZBA members were overheard arguing with Mr. Harrison during a break. Mrs. O’Shea and Ella Preiser told CGCA representatives that historically civic groups in Greenburgh have filed appeals with the ZBA when they believed the Building Inspector erred in interpreting the Zoning Ordinance. They suggested that Mr. Harrison should resign if he doesn’t want to "waste" his time hearing such appeals.
It was noted that at both the April 15 and May 20 ZBA meetings, Mr. Harrison raised questions about whether civic groups have "standing" to bring appeals before the ZBA. It was suggested that Mr. Harrison does not understand the concept of an "aggrieved" party since he questioned a homeowner on Castle Walk about whether she would endure a financial loss.
SOUTHERN GREENVILLE APPEAL OF FLAG LOT INTERPRETATION CONTINUES
Ella Preiser reported that the ZBA continued the public hearing on May 20, 2004 of the Southern Greenville CA appeal of the Building Inspector’s determination regarding a flag lot in the Castle Walk subdivision that was granted preliminary approval by the Planning Board. Southern Greenville CA President Jim Williams and attorney Robert Bernstein argued that the second flagpole (access strip to Fort Hill Road) should not be included in the total lot area because it does not meet the definition of a "rear yard" as defined in the Zoning Ordinance. The attorney representing the owner of the property continued to argue that the application was time barred and the ZBA lacked jurisdiction to hear the appeal. Mrs. Preiser told CGCA representatives that she spoke at the ZBA hearing and noted it is questionable if the flag lot meets minimum lot area requirements since the "front lot line" appears to be drawn incorrectly according to the Zoning Ordinance. This issue was not part of the appeal, but Mrs. Preiser told CGCA representatives that she brought the matter to the attention of the ZBA because she had received no acknowledgment when she notified the Planning Board of the issue a month earlier (4/21/04). The ZBA, after holding an executive session to discuss the matter with Deputy Town Attorney Ed Lieberman, decided to adjourn the case to the next ZBA meeting on June 17, 2004.
BROADVIEW APPEAL OF HEALTH CENTER INTERPRETATION TO CONTINUE
The ZBA opened the public hearing on May 13, 2004, on 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 a LOB district. Broadview CA President Robert Reninger argued that a clinic falls under the definition of "hospital" in the Zoning Ordinance, and a hospital is not a permitted use in a LOB district. The Health Center’s attorney argued that the appeal was not filed in a timely manner. Because of time constraints the hearing was adjourned to the ZBA meeting on June 17, 2004.
Madelon O’Shea and Ella Preiser said ZBA member Rohan Harrison suggested to them after the ZBA meeting that the Broadview CA didn’t exist and was being formed to oppose the Health Center. Mr. Reninger said Broadview was founded in 1958 or 1959 and received a decision in a ZBA case in 1975.
Mr. Reninger provided additional information on the health center. He noted the real applicant appears to be an outside entity – the Mount Vernon Health Center – which has applied to the state Department of Health to merge with the Greenburgh Health Center. The Greenburgh Health Center purchased the land for a reported $1.3 million but plans to sell the land to the Westchester Industrial Development Agency which will finance the new $20 million facility with a 30-year loan.
Cleo Oliver questioned how many Greenburgh residents use the Heath Center. Mr. Reninger replied the center received 80,000 visits a year. Ms. Oliver wondered whether many of the people are coming from outside of Greenburgh as is the case at the Union Child Day Care Center. In seeking permission to "landbank" required parking spaces, the center claims 40% of its clients use public transportation. Questions were raised about the lack of sidewalks on Knollwood Road and how clients using public transportation could safely access the center. Mr. Reninger noted that Councilman Steve Bass said on "The Three C’s" public access program, the Planning Board should require sidewalks on Knollwood Road so clients can have access. Mr. Reninger told CGCA representatives that the state has said there is no room to put sidewalks on either side of Knollwood Road and other engineers have agreed. The idea of rerouting the bus up Knollwood Road to stop at the Health Center has been suggested but that could have an enormous negative impact on traffic.
UNION BAPTIST CHURCH PRESENTS REVISED EXPANSION PLANS
Ella Preiser reported that representatives from Union Baptist Church presented revised expansion plans at the Town Board work session on May 11, 2004. The sizes of the proposed sanctuary and education/administration building have been reduced substantially from the original plans presented last year. Only one variance will be requested – to reduce the required number of parking spaces. The church plans to use parking spaces at the Theodore D. Young Community Center and the Crossroads Shopping Center on Sunday mornings.
Thelma Washington noted that the existing church is too small to accommodate the congregation and the many outreach programs the church offers. Questions were raised about whether the Town has sold the Church the paper street. It was noted that the Town is considering requiring the church to do a full Environmental Impact Study.
REPLANTING & PENALTIES FOR CENTRAL AVENUE TREE CUTTING
Stephanie Bellino reported that neighbors in the Lower Manor Woods area have met with Supervisor Feiner and Town officials but still have not received adequate answers about the clear cutting of trees that took place last fall on Central Avenue, between the Flint TV store and Sacred Heart Church. Tim Lewis advised that the Town had issued summons and ordered the owner to plant twelve 6-feet high evergreens by June 1, 2004. The case is due back in court on June 10 and there will be a penalty imposed. Mr. Lewis said the owner wants to develop the property and will be filing an application with the Planning Board. Ms. Bellino said a neighbor to the south of the property has a survey that shows he owns part of the property that has been clear-cut. Mr. Lewis suggested that the neighbor should get involved and come to court.
STRATEGY NEEDED TO IMPROVE CONDITIONS AT GREENBURGH PARKS
Thelma Washington asked for advice about the procedure for getting the Town to pay attention and take action to improve conditions at Travis Hill Park. She noted that in past years the Town scheduled a summer Town Board meeting at Travis Hill Park and prior to the meeting some effort was made to spruce up the park. This year Mr. Feiner has not scheduled a meeting in the park and she is concerned little work will be done to improve conditions at the park. She said benches, grills and even garbage cans are in poor condition. Garbage is not collected regularly. The bathrooms are a disgrace and the water fountain has been turned off. She noted a security person has been assigned to the park but he has not been given equipment. Ms. Washington will raise the issue at tomorrow’s Town Board meeting. CGCA representatives unanimously passed a resolution supporting Ms. Washington’s efforts.
CGCA representatives discussed the issue and noted that the Town does not appear to be devoting enough funds to keep existing Greenburgh parks in good repair. Danny Gold mentioned that Supervisor Feiner has sent out a letter about the fact Rumbrook Park is sinking into the ground and will require $1.7 million for repairs. Tim Lewis said that North Elmsford neighbors are pleased with the repairs the Town has made to the building at Massaro Park. It was noted that action was taken only after civic leader Esther Melon called attention to the problems at a Town Board meeting and others continued at subsequent meetings to publicly press the board regarding the progress of the repairs. Deborah Bloom suggested taking photographs of the poor conditions at Town parks and displaying the photographs at appropriate times.
WHAT’S NEW? GATV PROBLEMS CONTINUE
At the meeting on May 12, 2004, the Town Board voted to give Greenburgh Access Television (GATV) funds to two school districts – $20,000 to Greenburgh Central 7 and $8,500 to Edgemont. Edgemont was promised an additional $11,500 when more programs are developed. Ella Preiser told CGCA representatives that she is not opposed to providing money for student access to Greenburgh cable television. However, cable subscribers live in ten school districts in the Town and an equitable way of distributing funds should be implemented. She said she favors a quality television studio at Town Hall that is open to all students in the Town. Deborah Bloom agreed and noted economy of scale advantages rather than parceling out small grants to individual school districts.
Mrs. Preiser noted that two recently produced Greenburgh Access Television programs – "The Three C’s" program interviewing Councilman Steve Bass and the "Talking with Timmy" program interviewing Chuck Bronz – have audio problems. It is impossible to hear the speakers unless the volume is increased to a very high level on one’s television set. Mrs. Preiser said she notified Cable Coordinator George Malone about this problem. Other CGCA representatives noted there have been similar audio problems with other programs on Greenburgh’s cable channels.
Supervisor Paul Feiner is still opposed to a dedicated cable studio and recommends the training room on the second floor of Town Hall also be used as a cable studio. Francis Sheehan mentioned problems with this type of arrangement. He noted that he had taped the Central 7 school board candidate’s night and had a good experience editing the tape on the equipment at Town Hall. However, the editing time was limited because Mr. Malone and his assistant had to go to the studio to tape another program. Since Town staff could not be in two places at the same time, an inefficient use of equipment/facilities would occur with a studio on the second floor.
UNFUNDED COLORFUL CRUSHED STONE FOOTPATH – A "LAME" IDEA
Ella Preiser noted that at today’s Town Board work session, Supervisor Feiner discussed his walking tour along Fort Hill Road yesterday (5/24/04) with Town staff and about a dozen area residents. He noted there was a consensus to restore the asphalt footpath between Ardsley Road and Mt. Joy Avenue. He mentioned that people in Southern Greenville have nice landscaping and many don’t want the landscaping disturbed by an unattractive footpath. A suggestion was made to make a path using pretty colored crushed rock. He said such a path would not have to be shoveled. At the work session Steve Bass suggested that the Town Board first look at streets throughout the Town and prioritize necessary sidewalk repairs or installation of new sidewalks. Madelon O’Shea told CGCA representatives that David Gottlieb attended the "walk" and asked how easily a crushed stone path could be negotiated by runners, those pushing a baby carriage or those with difficulty walking.
LIBRARY CONSULTANT: "177
HILLSIDE AVENUE PERFECT FOR A LIBRARY"
OLD TOWN HALL INTERIM USES PROPOSED
Madelon O’Shea noted that Supervisor Paul Feiner has apparently backed off somewhat from his rush for an immediate sale of the old Town Hall site to Sunrise Assisted Living. She is hopeful that the Library Board will recognize the need to listen to the community. The Library Board and the Library’s architect supposedly will look at using the entire site for a library expansion. She noted that the land is not flat and suggested exploring the idea of building a new library on the site of the old Town Hall. She said there is no need to build a $100 million Taj Mahal.
Mrs. O’Shea mentioned that she attended the last Library Board meeting but did not find Nolan Lushington’s talk particularly helpful since she did not have a copy of the original report that he was talking about updating. Bob Reninger said the Lushington report really doesn’t address site development but rather deals with how one department works with another and where and how to arrange stacks. Ella Preiser stated that Mr. Lushington did state one important fact that the community should know – that is: 177 Hillside Avenue would have been a perfect building for use as the Greenburgh Library. Apparently he told that to Library Chair Howard Jacobs but Mr. Jacobs never told the public. Bob Reninger reported that Supervisor Feiner sent out an email this afternoon which stated the Library will post the Lushington report on its web site. Mr. Jacobs has also been invited to give a report at tomorrow’s (5/26/04) Town Board meeting.
On a related matter, at today’s Town Board work session Supervisor Feiner announced that Police Chief John Kapica has asked to use the old Town Hall building for police training (e.g., CPR training) for the next six months. Mr. Feiner has also asked the Town Attorney to review whether or not the building could be leased on a month-to-month basis. He noted the building is costing the Town about $3,000 a month in utilities.
EMERGENCY VEHICLES NOT LIABLE FOR ACCIDENTS
In December 2003, a Greenburgh plow that was sanding a Greenburgh street skidded through a stop sign and "totaled" a privately owned automobile. The owner did not have collision insurance and tried to collect (approximately $2,500) from the Town. The Town Board has discussed this case at several work sessions and decided not to pay the claim because NYS Vehicle and Traffic laws apparently provide that emergency vehicles are exempt from liability unless "recklessness" is proved. The owner plans to file suit in small claims court. Supervisor Paul Feiner supports paying the claim and has stated he is willing to testify on the owner’s behalf in small claims court.
Francis Sheehan noted that in the past the Town has paid thousands of dollars more than the Town insurer and the Deputy Town Attorney recommended, purportedly in the "interest of fairness." He questioned why the same standard does not apply here.
MISCELLANEOUS
Flag Lot Prohibition Awaits Town Board Action. Both the CGCA and the Edgemont Community Council requested the Planning Board and the Town Board to revisit the existing legislation regarding flag lots. The Planning Board voted in March 2004 to recommend to the Town Board that the Zoning Ordinance be amended to prohibit the creation of flag lots in the future. Madelon O’Shea noted there still has been no indication if the Town Board plans to initiate legislation to prohibit future flag lots.
Dunkin’ Donuts Drive-Up Window Recommended. At it’s meeting on May 19, 2004, the Planning Board voted (4 to 1) to recommend to the Town Board that a site plan amendment be granted to Dunkin’ Donuts to permit a drive-up window at the store in the Greenburgh Shopping Center. Changes to the shopping center entrance/exit on Knollwood Road would be required. The Planning Board is also urging repairs to the parking lot and removal of illegally parked trailers.
Joint Meeting of Boards Scheduled in June. Bob Reninger reported that a joint meeting is supposed to take place on June 30, 2004, (the 5th Wednesday in the month) between the Town Board, Planning Board and Zoning Board of Appeals. It is presumed that department heads will also attend the meeting.
Midway Shopping Center Proposes Changes. Madelon O’Shea reported that she heard last night (5/24/04) that Midway Shopping Center is proposing to close the westernmost exit/entrance on Ardsley Road and the southernmost exit/entrance on Central Avenue. It appears the shopping center plans to put extra tenants in the basement and will need additional parking.
Vote Planned on Policy for Naming Parks and other Recreational Facilities. It was noted that at tomorrow night’s meeting (5/26/04), the Town Board will consider adopting a policy establishing criteria for naming parks, fields and other recreational facilities in Unincorporated Greenburgh. The proposed policy places limits on honoring living persons and calls for a 12-month waiting period before a deceased person's name may be considered. Madelon O’Shea and Ella Preiser provided some input on the proposed policy at the Town Board work session on March 9, 2004.
Pipe Cracked in Massaro Park Pool. Ella Preiser reported that Gerry Byrne mentioned at the Town Board work session on May 11, 2004, that water was left over the winter in a pipe in the pool at Massaro Park. It will cost $11,000 to repair the cracked pipe. Unused funds in the Capital Budget for the interactive pool at Veteran Park will be used for the repairs. CGCA representatives questioned the legality of using capital funds for repairs.
Winding Farms Estates Subdivision Hearing Postponed. Because the applicant did not provide requested materials in a timely manner, the Planning Board postponed the public hearing on the proposed eight-lot subdivision on Winding Farm North from May 19 to June 16, 2004. The Town is still waiting to hear whether St. Andrew’s will grant an easement to permit connection to Town water and sewer lines for the subdivision.
Town Allocates Funds to Study Restoring Pond. Ella Preiser reported that at its meeting on May 12, 2004, the Town Board voted to spend $5,000 for an environmental engineering analysis to determine the extent of mitigation necessary to restore a privately owned pond on Taxter Road. In April, heavy rains caused mudslides into both the privately owned pond and the pond at the Taxter Road Nature Preserve because a contractor hired by the Town did not do an adequate job when building a road through the Nature Preserve.
Town Considers Need to Review Comprehensive Plan. It was noted that the Town Board has scheduled two public hearings (May 26 and June 9) regarding an amendment to the "Comprehensive" Plan that would mandate a review of the plan every five years. Ella Preiser told CGCA representatives she believes a citizen’s committee should conduct the review, rather than just the Planning Department and Planning Board.
Residents Request Unattractive/Misplaced Memorial Wall be Moved. It was noted that at the Town Board meeting held at the Highview School on April 28, 2004, a number of area residents voiced objections to the tile Memorial Wall the Town installed at Webb Field. Objections included safety concerns and the unattractiveness of the wall. Several residents asked that the wall be moved.
Country Club Plans Additional Changes/Improvements. At the Town Board work session on May 25, 2004, representatives from the Elmwood Country Club on Dobbs Ferry Road explained proposed improvements to the tennis house, pool deck and golf cart enclosures. The improvements will not impact neighbors. The Town Board will refer the plans to the Planning Board for its review and recommendations.
EHA Restaurant Ordered to Stop Work. Stephanie Bellino noted that a "stop work order" has been issued to the Portuguese Restaurant on East Hartsdale Avenue (EHA) because of changes in approved plans including doors that don’t have windows in them, no archway on the awning and a color change outside. Several CGCA representatives said the color was attractive. Concerns were expressed that the owner may not succeed if he cannot open the restaurant soon. Ms. Bellino questioned why the Town’s Hartsdale Contextual Committee does not notice its meetings and why it meets behind locked doors.
East Hartsdale Avenue to Display Seasonal Flags. Stephanie Bellino reported that prior to the Town Board meeting on April 28, 2004, a meeting was held at the Highview School to discuss ways to make East Hartsdale Avenue more festive during holidays. Merchants, residents and Michael Nestler of the Parks and Recreation Department attended. Displays of seasonal flags were recommended.
Trees Cut on West Hartsdale Avenue. Bill Greenawalt expressed concern about what "looks like a crew cut" of trees, visible heading north, on a slope along West Hartsdale Avenue at the Albanian Church property. It is unknown whether a permit was obtained to clear cut the trees. Ms. O’Shea said she would follow up on the matter.
ZBA Secretary Transfers to Building Department. CGCA representatives were sad to learn that Liz Gerrity is no longer the secretary to the ZBA. She was a knowledgeable and professional employee and an asset to the Zoning Board. The Town Board decided her ZBA position was "management" so they did not pay her or give her comp time off for attending evening meetings. Ms. Gerrity has transferred to the Building Department where as a CSEA employee she will receive a considerably higher salary.
Hebrew Hospital Home Granted Relief. At the meeting on May 12, 2004, the Town Board granted relief to the 160-bed nursing home that has been operating with a temporary Certificate of Occupancy since 1998. The HUD-financed mortgage required a permanent C of O before release of the final payment. The nursing home could not meet a condition of approval to install a left-turn lane on Grasslands Road because the state DOT did not want the roadwork constructed now. The nursing home agreed to put up a reasonable bond to ensure completion of the left-turn line if the DOT fails to do the work. The vote did not take place until almost midnight.
East Hartsdale Avenue Requests Additional Sidewalk Sales. Listed on today’s (5/25/04) Town Board work session agenda was the item "East Hartsdale Avenue Street Sales." It appears Mr. Feiner had been approached by Big Top, which wants to hold regular sidewalk sales. Town Clerk Alfreda Williams pointed out that it would be necessary to amend the law the Town Board passed in January 2004 when it established dates for sidewalk sales townwide.
Nature Center Seeks More Funds from the Town. Bill Lawyer and Margaret Goldberg appeared at today’s (5/25/04) Town Board work session seeking additional funding for the Nature Center. Ms. Goldberg mentioned that she is willing to get involved and seek corporate sponsorship and look at innovative ways to raise funds. She challenged the Town Board to show commitment to the Nature Center by providing an additional $100,000 in funding. She pointed out that the Town Board had announced commitment to open space when it funded Taxter Ridge, and the board should show a similar commitment to the Nature Center.