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COUNCIL OF GREENBURGH CIVIC ASSOCIATIONS Minutes of Meeting – June 15, 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-seven civic groups have paid dues for the year 2004. There is $1447.38 in the treasury. The June 15, 2004 meeting was held at the Theodore D. Young Community Center. CGCA representatives voted to approve the minutes of the CGCA meeting held on May 25, 2004. "Happy Birthday" greetings were extended to Lorrin Brown and Mary Tobias. JOINT MEETING RESCHEDULED A joint meeting of the Town Board, Planning Board and Zoning Board of Appeals, initially scheduled for the 5th Wednesday (6/30/04), has been rescheduled to July 20 – the same date as the regularly scheduled CGCA meeting. A joint meeting has not taken place in more than two years. Several CGCA representatives expressed an interest in attending the joint meeting and voiced displeasure that the Town Board once again had chosen the date of a regularly scheduled CGCA. The last time there was a scheduling conflict, the Town Board promised it wouldn’t happen again. Mrs. O’Shea will poll some representatives by telephone about rescheduling the meeting. The CGCA membership will be advised by mail whether or not a July CGCA meeting will be scheduled. RIDGE HILL MEETINGS SCHEDULED Madelon O’Shea reported that she has begun reading the DEIS for the proposed Ridge Hill Development in Yonkers. The first public hearing on the DEIS will be held at the Will Library on Central Avenue in Yonkers this Thursday (6/17/04). Lorrin Brown, who is on the Town-appointed committee, will be representing the CGCA at the hearing and will voice concerns about the massive size of the proposed development and the impact it will have on Greenburgh. Mrs. O’Shea mentioned that the attorney and the traffic consultant hired by Greenburgh to review the project also will be attending. Mrs. O’Shea noted that a meeting on the development was held last week with developer Bruce Ratner of Forest City Ratner; Joyce Baumgarten, the public relations agent for Ratner; Mary Jane Shimsky; Supervisor Paul Feiner and several other people. Mr. Feiner failed to inform David Kreiness about the meeting. Mr. Kreiness, who was appointed to co-chair the Town’s committee with Ms. Shimsky, said he expressed his strong displeasure to Mr. Feiner about this oversight. The parcel proposed for development must be rezoned to permit mixed use (retail, residential, hotel, etc). Mr. Kreiness noted that this past week the Yonkers City Council Real Estate Committee met for informational purposes only. The committee listened to the developers’ consultants and entertained questions/comments from the audience. Mr. Kreiness identified himself as co-chair of the Greenburgh committee and asked that the development be considered as a regional proposal because of the potential impact on an area greater than just Yonkers. He mentioned to CGCA representatives that he also appeared before the Town/Village Board of Scarsdale and suggested that the Board contact Planning Commissioner Mark Stellato for additional information. NO NOTICE TO CIVIC ASSOCIATION OF PUBLIC DISCUSSION INCREASES CASTLE WALK FLAG LOT CONTROVERSYMadelon O’Shea reported that the Castle Walk subdivision is scheduled for a public hearing at tomorrow’s (6/16/04) Planning Board meeting. The hearing is premature and will have to be adjourned since the Southern Greenville Civic Association’s appeal of the Building Inspector’s determination regarding the flag lot in the subdivision will be heard again on Thursday (6/17/04) at the ZBA meeting. Mrs. O’Shea noted that although the subject was not included on the agenda for the meeting on June 2, 2004, the Planning Board invited the attorney for the Castle Walk subdivision to sit at the Planning Board table and discuss the application. Since the item was not noticed, no one from Southern Greenville or Edgemont attended the meeting. Interestingly, the BMW application was listed on the agenda that night. BMW had not submitted plans in a timely manner so the Planning Board Chair announced that the board would not be discussing the application and the attorney for BMW left the meeting. When Planning Board members made comments about the BMW application, Councilwoman Timmy Weinberg (the Town Board liaison to the Planning Board) said it was not fair since the attorney for BMW was told the case would not be discussed. However, Ms. Weinberg said nothing about the fact that the Planning Board was discussing an issue (Castle Walk subdivision) that was not on the agenda but that had caused considerable controversy in Southern Greenville. At the Planning Board meeting the applicant’s attorney accused Ella Preiser of not abiding by the ZBA rules and of bringing up an issue "at the 11th hour" that did not belong before the ZBA. The attorney also said that Ed Lieberman, attorney for the ZBA, had told her that he "had told the ZBA to ask certain questions and they didn’t do it." Mrs. Preiser told CGCA representatives that she wrote a letter to the Planning Department a full month before the ZBA meeting and only brought the matter up when she ascertained her questions about compliance with the Zoning Ordinance were being ignored. Within two days of receiving Mrs. Preiser’s letter, the applicant’s engineer drew up new plans but the applicant did not present the new plans to the ZBA or the Planning Board until Mrs. Preiser again raised the issue. PROHIBITION OF FUTURE FLAG LOTS PURPOSELY DELAYED? Madelon O’Shea noted that referral to the Planning Board of a proposed amendment to the Zoning Ordinance that would prohibit future flag lots was on the tentative agenda for the Town Board meeting on June 9, 2004. However, at the work session on June 8, Councilwoman Timmy Weinberg asked that the item be removed from the agenda because she wanted more background information about how other communities regulate flag lots. In fact, Planning Commissioner Mark Stellato provided this information to the Town Board members at a work session on March 2, 2004. The Planning Board had also reviewed/discussed this information packet at a work session (3/17/04) and after considering various options recommended that the Zoning Ordinance be amended to prohibit the creation of future flag lots. Several CGCA representatives expressed the opinion that Ms. Weinberg used this stalling tactic to provide time for the Castle Walk subdivision to obtain final subdivision approval. SUPERVISOR FEINER’S REVISIONIST HISTORY CHALLENGED Madelon O’Shea reported that there have been a series of emails making the rounds that appear to be attempts to discredit certain Town staff members and volunteers. The emails claim four people – Loretta Alkelay, Don Siegel, Marjorie Singer and Hugh Schwartz – worked with Paul Feiner and are primarily responsible for the building moratorium, comprehensive plan and new town laws, including steep slopes, wetlands, FAR, etc. Mrs. O’Shea said when she questioned Mr. Feiner about these emails at last Wednesday’s (6/9/04) Town Board meeting, he credited the four people with doing the work and said that two of those people met with him in his kitchen. CGCA representatives suggested there is ample evidence – videotapes and minutes of meetings and transcripts of public hearings – that refute these emails and identify those Town staff members and volunteers who really deserve credit. CIVIC ASSOCIATION CONTINUES CHALLENGE TO "HOSPITAL" Bob Reninger reported that the Broadview Civic Association’s appeal regarding whether a licensed health clinic is a permitted use in a Limited Office Building (LOB) zoning district will be back before the ZBA on Thursday (6/17/04). He noted, in the interim, the Greenburgh Health Center, which has applied to build a new facility on the former Cooke’s Florist property on Knollwood Road, has petitioned the Town Board to change the definitions for "hospital" and "professional office building" in the Zoning Ordinance. He said Broadview is also attempting to get the Town Board to accept a petition to change the zoning of the Knollwood Road property from LOB to M-6 (residential) as was recommended in the 1986 Targeted Rezoning Study prepared by the Town’s Planning Department. He said Broadview’s petition has been scheduled for the Town Board work session on July 6, 2004. CGCA representatives once again discussed the lack of sidewalks in the area and questioned whether there would be safe pedestrian access to the site from bus stops on Route 119 and Dobbs Ferry Road. The CGCA will raise this issue at the ZBA hearing on the health center’s application for variances. Councilman Steve Bass asked Mr. Reninger for copies of correspondence stating that there is no room to put in sidewalks. Alice Moroney noted that residents from WestHELP (some pushing baby carriages) walk daily along Knollwood Road, a state road that has no sidewalks. Mr. Reninger said all civic groups should be concerned since ZBA member Rohan Harrison has raised the issue of whether civic groups have "standing" to appeal cases to the ZBA. Mr. Harrison appears to want the civic groups to prove economic injury. Mr. Reninger said that proving injury is not required under the law. Madelon O’Shea said a civic group in the immediate vicinity definitely would have standing to file an appeal. CREATION OF THIRD JUDGE POSITION MAY BE IMMINENT CGCA representatives asked about the status of the plan to create a position for a third judge in Greenburgh. Councilman Steve Bass replied that a bill passed the state Senate last week and it is now awaiting passage in the Assembly. He said the bill appears to be sitting in the judiciary committee of the Assembly. He noted that after the bill is passed and signed by the Governor, the Town Board has ninety days before Election Day to pass a resolution creating the position. However, the more time that elapses before the position is created, the less time candidates seeking to run for the position will have to collect signatures to get their names on the ballot. The deadline for filing petitions is July 15, 2004, but the date could be extended by special legislation. Carol Wielk noted that the emphasis in Albany seems to be the budget at the present time and perhaps that explains the delay in dealing with the Town’s request. David Kreiness noted that the legislature also has been dealing with the court-ordered education issue. CGCA RECOMMENDS JOINT MEETING WITH LIBRARY BOARD Thelma Washington questioned the status of the Library expansion/renovation plan. Councilwoman Steve Bass responded that the Town Board was waiting to receive an updated report from the Library’s consultant, Nolan Lushington, regarding the space needs of the Library. Bob Reninger stated he has studied the Lushington report, which appears to favor the concept of turning the Library into another community center. Mr. Reninger suggested we already have enough recreational opportunities. Danny Gold expressed opposition to having a café at the Library. Francis Sheehan recommended that a cable studio be created at the expanded Library to remove the control of cable television from the hands of Town politicians. CGCA representatives discussed a number of other concerns, such as the costly two-story atrium and the number and size of meeting rooms. Ms. Washington said it was important for the community to meet with the Library Board to communicate opinions and concerns. Mr. Reninger noted that five or six residents have been attending Library Board meetings for the last six months but they are not permitted to ask questions and at most are given five minutes to speak. Mrs. O’Shea noted she has tried, unsuccessfully, in the past to set up a meeting with Library Board Chair Howard Jacobs. Carol Wielk recommended asking for a special meeting between the CGCA and the entire Library Board. CGCA representatives agreed and by a unanimous vote passed a resolution asking that such a meeting take place at a mutually agreeable time and place sometime during September or October. Mrs. O’Shea will communicate this request at the Library Board meeting on June 24, 2004. ANTICIPATORY SUBDIVISION AMENDMENT ADOPTED BY TOWN BOARD Madelon O’Shea reported that at the meeting on June 9, 2004, the Town Board held a public hearing on an amendment to the subdivision regulations that was recommended by the Planning Board and supported by the community. The amendment would prohibit an owner who obtains a building permit for one house on a parcel that contains at least twice the minimum lot area of the underlying zoning district from applying for a subdivision of the property for at least five years. During the public hearing, Councilwoman Timmy Weinberg did not understand the intent of the amendment and repeatedly suggested amending the amendment to deal only with lots that had exactly twice the minimum lot area. She finally was convinced that the amendment was properly worded, and the Town Board voted unanimously to adopt the amendment. Francis Sheehan noted that the wording of the amendment suggests that if an owner doesn’t have twice the required lot area, an application could be filed for a subdivision. Mr. Sheehan was correct. Fortunately, the owner would first have to apply for a variance, and the ZBA has repeatedly turned down requests for variances from minimum lot size. LEGAL UNIFICATION CHURCH SUBDIVISION ADVOCATED Danny Gold said he was surprised that the subdivision of the 20-acre parcel on the eastside of Taxter Road did not take place in June. In July 2003, as part of a tax certiorari settlement, the Unification Church agreed to convey 15+ acres of property to the Town for one dollar. The church proposed a five-lot subdivision of million dollar homes on the adjacent five acres. Ella Preiser reported that at the work session on June 8, 2004, although it was not on the agenda, Supervisor Paul Feiner brought up the issue. He said that the Town already owned the property and no subdivision was required. When Town Attorney Susan Mancuso said that the property cannot be subdivided by deed and must be legally subdivided, Mr. Feiner insisted the Town already owned the parcel. Several times he told her she was wrong and that he wanted to hire outside counsel for a second opinion. Mr. Gold told CGCA representatives that he is eager to acquire this additional parkland but wants the subdivision done properly. It was noted the proposed subdivision is currently under review by Town staff. DEPUTY SUPERVISOR SUGGESTS HYGIENE TIPS FOR TRAVIS HILL PARK Thelma Washington reported that Howard Kaplan, the chair of the Parks & Recreation Advisory Board, invited her to attend a meeting of the board to discuss her concerns about conditions at Travis Hill Park. At the meeting, board member Richard Garfunkel presented photographs he had taken at the park. Mr. Garfunkel rated everything at the park "excellent" except the bathrooms, which he rated "functional." Other board member did not agree with Mr. Garfunkel’s ratings and did not think he should have taken it upon himself to perform an assessment of conditions. The board agreed the Parks & Recreation Department should conduct a study of the park. Victor Alleyne told CGCA representatives he also took a walk through the park. He questioned whether people use the grills. Ms. Washington said the grills look disgusting but Mr. Garfunkel said he would use them and all anyone had to do is bring some spray with them to clean the grills. She said the tables look disgusting but Mr. Garfunkel said people could bring a plastic tablecloth with them. Mr. Alleyne said that years ago kids set off fireworks in the park and blew up the toilet bowls. Ms. Washington said her wish list included tearing the building down and erecting a new one with decent bathrooms and ample space for anyone supervising the park. She wants an adequate playground for small children and a drinking fountain that works for people using the park. Ella Preiser reported that at the work session on June 8, 2004, Supervisor Paul Feiner said he doesn’t appreciate that people constantly misrepresent the facts. He noted that Richard Garfunkel showed him photographs that prove that Thelma Washington is totally wrong about Travis Hill Park. Councilwoman Eddie Mae Barnes said that what Mr. Feiner was doing was divisive and that Mr. Garfunkel should not have taken it upon himself to assess park conditions. Ms. Barnes was successful in urging Mr. Feiner to remove from the agenda for the June 9 Town Board meeting a report by Mr. Garfunkel regarding conditions at the park. Mrs. Preiser said following the June 9 meeting Mr. Garfunkel spoke to her and told her she probably didn’t even know where Travis Hill Park was, that he knew about parks and the conditions at Travis Hill were excellent and that people in the community were playing the "race card." "COMPREHENSIVE" PLAN AMENDMENT CALLS FOR REVIEW EVERY FIVE YEARS Ella Preiser reported that the Town Board held a second public hearing on June 9, 2004, on an amendment to the "Comprehensive" Plan that would mandate a review of the plan every five years. At the first public hearing on May 26, Mrs. Preiser told the board she believed a citizen’s committee should be involved in the review process rather than just the Planning Board and the Planning Department. The Town Board agreed and recommended a citizen’s committee and members of the Conservation Advisory Council (CAC) be involved in the review process. At the Town Board work session on June 8, 2004, Theresa Tori, Chair of the CAC, said the CAC had met and discussed the proposed resolution and agreed it would be good to review the plan every five years. She said the CAC would be glad to be involved in the review process but only if the Town Board provided a response to any recommendations made by the volunteers. She noted when she served on the committee regarding preparation of a Comprehensive Plan, the recommendations made by the committee seemed to go into a "dark hole." The Town Board agreed to provide written comments to any report issued. A second hearing on the revised plan will be held on June 23, 2004. In a related matter, at today Town Board work session a vote was taken to go into Executive Session to discuss litigation regarding the Comprehensive Plan. Outside attorney Michael Zarin was present. Mr. Zarin previously was hired to defend the Town in the lawsuit filed by the Robert Martin Company regarding the Comprehensive Plan – especially as it affects Nob Hill. BUFFER TO BE RESTORED, FINALLY Restoration of the buffer at 65 Westchester View Lane is expected to begin this weekend. In November 2002, the homeowners permitted removal of numerous trees and other vegetation from the buffer in violation of Planning Board resolutions requiring that the buffer remain in its natural state. In October 2003, after several court appearances, a plea bargain was negotiated that required the homeowners to deposit $18,500 in an escrow account with the Town. $13,500 was to be used to restore the buffer, $1,000 was imposed as a fine and $4,000 was to be used to defray some of the costs ($11,100) the Town expended for consultants. CGCA representatives noted that the hot summer months are not the ideal time to plant trees. TOWN UNRESPONSIVE TO REQUESTS FOR INFO ON SIDEWALKS Madelon O’Shea provided an update on a letter she had sent in February on behalf of the CGCA regarding sidewalks. The letter asked the Town Board 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 the sidewalks/footpaths along town, county and state facilities/properties. Mrs. O’Shea said she asked DPW Commissioner Al Regula about the matter. He told her he does not have the letter and asked her to send another copy. CGCA representatives again discussed the issue of sidewalks. Danny Gold noted that every now and then the subject comes up in his community. He said there have been offers to create a district and assess the whole community. However, there is division in his community – some residents want sidewalks and others want to keep the countrified look and don’t want to be responsible for sidewalks. David Kreiness noted that the issue of liability and maintenance came up recently when Supervisor Paul Feiner, DPW Commissioner Al Regula and Police Chief John Kapica walked along Fort Hill Road with residents. Members of one civic group were told the Town would create a gravel sidewalk that would not require shoveling. Members of another association were told the Town would install, maintain and shovel the pathway along the entire length of Fort Hill Road. Elinore Gordon reminded CGCA representatives that it may be necessary to remove landscaping, walls, utility poles, etc. Madelon O’Shea noted that the Town widened a sidewalk on Old Army Road without seeking easements even though homeowners own to the middle of the road. CGCA REPEATS PLEA FOR TOWN BOARD MEETINGS AT TOWN HALL Ella Preiser noted that conditions were extremely uncomfortable and unhealthy at the Town Board meeting at East Rumbrook Park on June 9, 2004. It was hot and there was an ozone alert in effect, but the slight breeze blowing when the meeting started made conditions feel at least tolerable. Once the breeze disappeared, the humidity increased and the air became unbearably oppressive. The bugs were biting and the noise from the ball field was a distraction. CGCA representatives again discussed "road show" meetings. The Town Board’s efforts to do community outreach was applauded. However, there was unanimous agreement that the Town Board members should not try to cut down on the number of meetings they must attend by combining community outreach meetings with regular Town Board meetings and that all future Town Board meetings should be held at Town Hall. It was mentioned that residents are paying for the new building and should be able to use it. MISCELLANEOUS Possible Rental of Old Town Hall. At the Town Board work session on June 1, 2004, Supervisor Paul Feiner suggested that the Town should consider hiring a broker regarding month to month rental of the old Town Hall building. Councilwoman Timmy Weinberg urged waiting until after issuance of the Library’s updated space needs report and an assessment of liability issues and the condition of the building. Group Home Proposed for Granada Crescent. At the Town Board work session on June 1, 2004, Supervisor Paul Feiner mentioned a request to locate a group home at Granada Crescent. Councilwoman Timmy Weinberg asked whether there were any other aided apartments at the cooperative complex. Mr. Feiner said he has not received responses to inquiries and the Town had only until June 29 to respond to the request. Thelma Washington and Francis Sheehan noted the Town promised there would be no more group homes located in the Fairview Fire District after Francis Sheehan conducted a study and calculated 40% of the assessables in Fairview were already tax exempt. Planning Board Recommends Amendments to Country Club’s Site Plan. At its meeting on June 2, 2004, the Planning Board gave a positive recommendation regarding plans by the Elmwood Country Club on Dobbs Ferry Road to make improvements to the tennis house, pool deck and golf cart enclosure. The improvements are located well within the club’s property and will not impact neighbors. Since the property is larger than five acres, the Town Board has final site plan approval. Office Building Proposed for West Hartsdale Avenue. On June 2, 2004, the Planning Board held a public hearing on the proposal to erect a two-story, 18,000 square foot office building on a 1.4-acre vacant parcel near the intersection of West Hartsdale Avenue and Dobbs Ferry Road (across the street from the Mighty Joe Young restaurant). The Town’s traffic consultant recommended some changes to the parking layout and requested that additional dimensions be provided on the plans. The hearing was adjourned to the board meeting on July 7, 2004. Policy for Naming Parks Adopted. At the Town Board meeting on May 26, 2004, the board delayed a decision on adopting a policy establishing criteria for naming parks, fields and other recreational facilities in Unincorporated Greenburgh. The policy was adopted by a unanimous vote at the next Town Board meeting on June 9, 2004. Animal "Guardians" instead of Owners? Bob Reninger mentioned that at the Town Board work session today (6/15/04), a person from the animal rights group In Defense of Animals urged the board to change the Animal Ordinance to include language creating "guardians" for dogs and cats. Deputy Town Attorney David Fried expressed concern because under New York State laws the word "guardian" has a specific meaning referring to people. Status of Kathwood Road Development Unknown. Bob Reninger asked if anyone knew the current status of the case involving the unfinished houses on Kathwood Road. It is unclear whether a new lawsuit has been filed. Ella Preiser noted that at a recent Town Board work session, the board went into Executive Session to discuss legal issues and the Kathwood Road properties were mentioned. Circular Driveways. Alice Moroney noted that recently there has been a proliferation of new circular driveways around Town. She asked about Town requirements. It was noted that town laws require a curb cut permit from DPW and a building permit for new driveways. The curb cut(s) must not exceed a total of 30 feet in width, and compliance with impervious surface limitations is necessary. Fences. Alice Moroney voiced concern about the Town’s limited regulations regarding the placement of fences. She noted that certain fences are ugly, especially stockade fences that are erected with the good side facing toward the owner’s property. She mentioned the appearance of Virginia Beach that has little lots surrounded by stockade fences. CGCA representatives discussed the issue but no consensus was reached. Thelma Washington stated that her fence has two "good" sides. It was noted that double-sided fences are far more expensive. Winding Farm Estates Subdivision Hearing Scheduled. The Planning Board will continue a Public Hearing tomorrow (6/16/04) on the proposed eight-lot subdivision on Winding Farm North in the R-40 district near Ardsley. Car Owner Loses in Small Claims Court. The Town Board will not pay a claim filed by a resident who had her automobile "totaled" when a Greenburgh snowplow skidded through a stop sign last December. NYS Vehicle and Traffic laws provide that emergency vehicles are exempt from liability unless "recklessness" is proved. The owner filed a small claims lawsuit, seeking to collect approximately $2,500 from the Town. Deputy Town Attorney David Fried reported at today’s (6/15/04) Town Board work session that the Town prevailed in small claims court. Appointment to "Historic" Board. At today’s (6/15/04) work session, the Town Board interviewed a realtor, Dorothy Jensen, as a candidate for the Historic and Landmarks Preservation Board that was created by local law in June 2003 and still not filled. Ms. Jensen lives in College Corners and also serves on the Board of Assessment Review. Madelon O’Shea said the group is still looking for a landscape architect. Public Access Cable Problems Continue. Ella Preiser noted that audio problems continue on most programs on Greenburgh Channels 75 and 76. One must turn the volume very high to hear the programs and remember to lower the volume before switching to another channel. In addition, she noted only part of the Town Board meeting is playing in the loop over the weekend on Channel 76. For some reason the meeting ends mid-sentence. |
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