COUNCIL OF GREENBURGH CIVIC ASSOCIATIONS
Minutes of Meeting – June 18, 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 June 18:
Ardsley
Estates Civic Association
Beaver Hill Association
Birchwood Civic Association
Broadview Civic Association
East Irvington Civic Association
Fort Hill Association
Fulton Park 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
North Elmsford Civic Association
Northern Greenville Association
Orchard Hill Civic Association
Parkway Homes Civic Association
Poet’s Corner Civic Association
Rex Ridge Apartment Corp.
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 June 18, 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, thirty-one civic groups have paid dues for the year 2002. There is $763.75 in the treasury.
Minutes of the May 16, 2002, CGCA meeting, which had been mailed to CGCA representatives with notice of tonight’s meeting, were approved without any amendments.
Mary Tobias, CGCA Treasurer, was wished a “Happy Birthday.”
CGCA STILL BANNED FROM TOWN HALL
On May 22, Supervisor Paul Feiner announced that the mobile trailer was installed at Town Hall and that in two to three weeks community groups would once again be allowed to hold evening meetings at Town Hall. However, community groups will be restricted to the auditorium and barred from using the Conference Room, where the CGCA has met for decades. Although more than three weeks have elapsed, the necessary connections between the trailer and the building are far from complete. Since it is unclear when the work actually will be finished, no decision was made regarding a meeting place for the July 16 CGCA meeting. CGCA representatives will be notified of the meeting place in the next mailing.
SUPERVISOR FEINER FAILS TO ACKNOWLEDGE EFFORTS OF VOLUNTEERS
In a May 15 letter to civic leaders, Supervisor Paul Feiner wrote, “Town officials have completed a flood hazard mitigation plan and have sent it to SEMO, FEMA and New York State DEC for review.” Ella Preiser told CGCA members that she was troubled by Mr. Feiner’s failure to acknowledge the efforts of the CGCA, ECC and many individual volunteers who attended numerous meetings and worked on this Town-wide flood hazard mitigation plan. While a few Town officials played a role in developing this plan, an outside paid consultant actually prepared the plan. According to the consultant, the Town does not maintain adequate records on past flood events, and it would have been impossible to complete the plan without input from the community. In addition, community input was essential to qualify for the credit the Town has applied for under the National Flood Insurance Plan.
CGCA PASSES RESOLUTION SEEKING RESPECT AND AN END TO “ROAD SHOW” TOWN BOARD MEETINGS
A lengthy discussion took place about many recent incidents that CGCA members believe demonstrate disrespectful treatment of the public by the Town Board. Many of these incidents took place at the two most recent “road show” Town Board meetings.
The May 22 meeting, held at Hart’s Brook Park & Preserve, was preceded by a picnic, although park rules prohibit fires and picnicking. Without discussion, Mr. Feiner changed the order of the agenda for the meeting, which meant those who attended specifically for items listed near the top of the agenda would have had to wait three hours, including a civic leader the CGCA planned to honor. Many people did not wait and left. The vast majority of the more than 150 people who remained were required to stand because few chairs were provided. People lined up to speak at the hearing on prohibiting circuses/rodeos on Town property. Over an hour into the hearing, Mr. Feiner tried to change the rules and told those standing in line to step aside and permit those who only wanted to say a few words to go first. Protests were voiced but Mr. Feiner continued to insist on this rule change. As the evening wore on, darkness fell and the temperatures dipped into the 40s. Almost three hours into the meeting, Councilwoman Timmy Weinberg made a motion to postpone the three other hearings scheduled on the agenda to another meeting date. Applicants and opponents objected and the board finally relented. One of these public hearings was adjourned to an afternoon meeting despite residents’ objections that they could not attend because they work. The board moved the remainder of the agenda and permitted no comments from members of the public who had waited, standing over four hours in the bone-chilling cold and darkness. Residents and staff members then had to find their way in the dark to where their cars were parked.
The June 12 Town Board meeting demonstrated more disrespectful treatment of the public. The meeting was scheduled to take place at Babbitt Court and be relocated to Town Park in the event of rain. Throughout the day, the Town gave different instructions about the meeting place, sending people to the wrong place. Although heavy rain fell less than an hour before the meeting and more thunder and lightning storms were predicted for the early evening, Mr. Feiner decided to hold the meeting outside at Babbitt Court. Fifteen minutes into the meeting, the rain started but the Town Board sat sheltered on the mobile stage and for several minutes appeared oblivious to the plight of the public standing/sitting in the rain. The board finally noticed and decided to move the meeting into the Union Hall across the street. The public then had to walk along Route 9A, which has no sidewalks, dodge traffic while crossing the busy street in the pouring rain, sit in an air-conditioned auditorium dripping wet and hear repeatedly that the meeting must end by 10 p.m.
The meeting ostensibly was scheduled at Babbitt Court to provide residents an update on the Town’s efforts at flood mitigation. However, Supervisor Feiner re-ordered the agenda and the four Babbitt Court residents who attended the meeting had to wait two hours before the subject was addressed. The Town Board had overscheduled the agenda with five public hearings and prevented one applicant from completing his remarks on the record. (Case law indicates time limits cannot be placed on speakers’ remarks at public hearings.) Some members of the board repeatedly held side conversation while the public was speaking and expressed resentment when the public asked for clarification on agenda items. The board rushed through the agenda, was willing to vote on items even though they lacked sufficient information, and allowed Supervisor Feiner to sever the vote on several items by simply saying, “It’s separated.” The “open meeting” portion of the agenda was limited to 6 minutes. (All of the comments Francis Sheehan made about the effect the Town’s redistricting efforts will have on minority voters were cut when the videotape of the meeting was replayed the next evening.)
CGCA members passed a resolution calling on the Town Board to separate regular Town Board meetings from community outreach meetings to specific neighborhoods, hold all regular Town Board meetings at Town Hall, and implement recommendations to encourage mutual respect. Copies of the resolution will be sent to the media.
SPECIAL JOINT MEETING OF BOARDS
A special joint meeting of members of the Town Board, Planning Board and Zoning Board of Appeals was held on Wednesday, May 29. (Joint meetings were proposed and held in 1996 as a means of increasing communication among the boards but have not been held since January 1997.) The May 29, 2002, meeting was advertised as a “Public Discussion” to discuss streamlining the approval process for applications. The legal notice stated the meeting would take place at 7 p.m. Notice in the “Civic Calendar” of the Journal News stated the meeting would take place at 8 p.m. The meeting actually began at 8:30 p.m. The start time was delayed because Councilwoman Timmy Weinberg wanted to attend a meeting of the Poet’s Corner Civic Association.
Twenty-four people attended the meeting – seven staff members, four Town Board members, five Planning Board members, two ZBA members and six members of the community. Councilwoman Timmy Weinberg chaired the meeting. When community members sought to speak, Ms. Weinberg rudely replied twice that this was a work session for the boards. She was reminded that the meeting was advertised as a “Public” Discussion.
No real suggestions were offered for streamlining the process. Flow charts were presented of the existing application/approval processes used by the Planning Board and the ZBA. ZBA member Francis Sheehan noted that the 11 p.m. curfew imposed by Supervisor Feiner inhibits concluding hearings when a number of people want to speak at ZBA public hearings. Mr. Feiner suggested having two Zoning Boards and was told it would not be legal under New York State law. (Overheard in the audience, “There should be two Town Boards.”) Enforcement of approval conditions was also discussed, and Building Inspector John Lucido suggested it would be helpful if the Building Department could review the suggested conditions in advance to determine if they were enforceable.
UPDATE – ZBA CASES
Madelon O’Shea provided updates on a number of ZBA cases:
Cases # 01-49 & # 02-10. The CGCA supported the Fort Hill Association regarding these two cases that were heard and decided on May 16, 2002. In case #01-49, the ZBA unanimously denied the request of the applicant for a variance from the required 18-foot side yard setback for a driveway since the applicant had more than the required lot width for a home in the district. The existing house on the property has been demolished and the applicant will need to redesign the proposed driveway to conform to the requirements of the Zoning Ordinance. In the related case (#02-10), the ZBA, by a 4-2 vote, sided with the Fort Hill Association in its appeal of the Building Inspector’s decision that a non-conforming driveway is allowed to continue when the principal building on the property has been demolished.
Case # 01-24. On April 18, 2002, the ZBA denied the request of White Plains Mazda, Tarrytown Road, to modify/remove conditions imposed by the ZBA in 1993 that restricted the use of outside parking spaces to customer parking only. The car dealership has filed a lawsuit challenging the ZBA decision.
Case # 01-47. The ZBA will hear the Exeter Holding Corporation’s request for variances at its June 20 meeting. The property is located on Fort Hill Road in Edgemont, but will have access through a City of Yonkers subdivision. Area variances will be required because the property lacks the required lot area, lot width and frontage on a road improved to Town standards.
Case # 02-04. On April 18, 2002, the ZBA denied the request of Scarsdale Ford, Central Avenue, for variances to erect an over-sized yard sign that would be 20 feet high and to erect a second yard sign where only one is permitted. Scarsdale Ford has requested the ZBA to reopen the case.
MORATORIUM EXTENDED 4TH TIME – WAIVER REQUESTS INCREASE
At the June 12 meeting, the Town Board extended the Moratorium Law on development applications for subdivision, site plan and special permit approvals and waivers for the 4th time. This latest extension covers a seven-month period, from July 1, 2002 to January 31, 2003. During the hearing on the proposed law, errors in the wording were called to the attention of the board. Supervisor Feiner stated that members of the community deserved no thanks for offering input during the public hearing.
This latest extension has resulted in numerous applications being filed for waivers from the Moratorium Law. CGCA members expressed concern about how public hearings will be scheduled on these waiver applications. In the past, the Town Board has scheduled public hearings in the afternoon even when members of the public have protested that it is difficult or impossible to attend afternoon meetings. The board has also loaded the agenda for regular Town Board meetings with numerous pubic hearings on waivers and denied applicants/opponents sufficient time to make their case. Loading the agenda at regular board meetings also severely limits the time that is available for other agenda items or for hearing from the public during the “open meeting” portion of Town Board meetings.
COMPREHENSIVE OPEN SPACE PLAN
At today’s work session, the Town Board formally accepted as complete the draft Generic Environmental Impact Statement (DGEIS) regarding the Comprehensive Open Space Plan. The Town plans to place the document on the Town’s website and distribute copies to the Planning Board and the Comprehensive Plan Committee. Others seeking a copy of the DGEIS must pay for it.
At today’s meeting, Supervisor Feiner noted that the CGCA has annually requested and he has promised that the Town will not schedule meetings on controversial issues during the summer months when many people are on vacation. Madelon O’Shea thanked Mr. Feiner for his concern and agreed that an exception could be made in this case since it is important to complete the SEQR requirements and expedite approval of the Open Space Plan and proposed legislation. A public hearing on the DGEIS has been scheduled for July 11, 2002, at a special Town Board meeting.
REVIEW CONTINUES ON PROPOSED GEL-SPRAIN SUBDIVISION
At tomorrow night’s meeting, it is expected that the Planning Board will adopt the final “Scope of Work” for this proposal to build 55 homes on a 42-acre parcel off of Ardsley Road near Sprain Road. The applicant, Toll Brothers, will be required to prepare a Draft Environmental Impact Statement addressing all issues raised in the scoping document.
Ken Stahn, a resident of Ardsley Road, will hold a meeting regarding this project at his house next Monday, June 24. It was noted that in a May 29 letter to the editor, Supervisor Paul Feiner stated that he had recused himself from the Gel-Sprain review process because he lives at Boulder Ridge, which abuts the Gel-Sprain property, and some of his neighbors want the Town to acquire the property as open space. In fact, Mr. Feiner has no decision-making role in the review of this application. The application is for a standard subdivision, and the Planning Board has the final authority.
IMPROVEMENTS TO TOWN’S ENERGY CONSERVATION LAW RECOMMENDED
On April 17, Supervisor Paul Feiner issued a report stating he was introducing legislation that would make Greenburgh the first locality in New York State to mandate energy conservation measures in new construction – both commercial and residential. A public hearing on his proposed law was held on June 12. No one at the meeting opposed energy conservation; however, flaws in the wording of the proposed law were noted, and members of the public raised a number of questions: Why did the proposed law address residential buildings of only one to four units and not include multifamily or commercial buildings? Does the Town have the authority to enact such legislation? Against what standards would the required 30% savings be measured? Has the building department been trained to perform inspections? How much will the cost of construction increase if the law is enacted?
Supervisor Feiner was most unappreciative of the public’s comments and questions. He proposed making minor changes and adopting the law at a work session. He said additional changes could be adopted at a later date. Members of the public urged that the hearing be kept open and that the board focus on obtaining the necessary information and adopting a well-written law that could be enforced. Twice Mr. Feiner exclaimed that the result of doing what the public was requesting would be “procrastination, procrastination, procrastination.” The board voted 3-1-1 to adjourn the public hearing to the next Town Board meeting, on June 26. Councilman Steve Bass voted no, and Councilwoman Eddie Mae Barnes abstained. Mr. Bass explained that he voted no because he felt more information was necessary and the agenda for June 26 was already loaded with too many public hearings.
CGCA members expressed concern about the willingness of Supervisor Feiner and Councilwomen Diana Juettner and Timmy Weinberg to rush through the legislation without waiting to obtain all the facts. It was noted that the city of Frisco, Texas has already mandated Energy Star guidelines in new construction and the estimated costs are considerably higher than those quoted for Greenburgh. Also noted was that courthouses in Buffalo and Yonkers have been constructed to include energy efficient measures pursuant to an executive order from Governor George Pataki.
ANTENNA REVIEW BOARD
It was noted that Murray Bodin, who was appointed to the Antenna Review Board (ARB) on March 13, 2002, continues to initiate arguments with his fellow ARB members. At his first ARB meeting, he wanted ARB members Catherine Lederer-Plaskett and Francis Sheehan removed on charges because they were not working aggressively to fill gaps for cellular service providers in Greenburgh. Mr. Bodin wants all ARB correspondence conducted by email. He has demanded copies of videotapes of ARB meetings, and when his FOIL request was denied because the Town does not produce/own the tapes, he stated he was going to the Attorney General. Mr. Bodin objects to visible cellular antennas but has acknowledged he doesn’t know how to hide them. He also insists that Greenburgh’s Antenna Law is not in the best interest of the Town and wants to replace it with legislation he has written. The ARB scheduled a meeting for Monday, June 24, for Mr. Bodin to present his proposed legislation. A discussion on his proposed replacement law will have to be adjourned to July 8 since the ARB received an application from a provider, which must be reviewed within a 30-day time period.
The ARB continues to hold its meetings under the entrance canopy outside Town Hall because Supervisor Feiner has barred this official decision-making board from meeting inside the building.
GREENBURGH PUBLIC ACCESS CABLE
TELEVISION, AN EMBARRASSMENT
CGCA AGAIN CALLS FOR AN INDEPENDENT CABLE TELEVISION BOARD
Ella Preiser, Hal Samis and Francis Sheehan attended the Cable Advisory Board (CAB) meeting held on June 3 at the Multipurpose Center. Agreement was reached on the list of equipment that should be ordered to provide needed improvement to Greenburgh’s cable channels and to provide cameras and editing equipment for use by residents. At today’s work session, the Town Board passed a resolution permitting the Town Clerk to seek bids on the list of equipment recommended by the CAB.
At the urging of the CAB, training was begun for some of those wishing to produce public access cable TV programs. Stephanie Bellino, Ed Kraus, Ella Preiser, Francis Sheehan, and Francis Sheehan, Jr., were invited to attend a training session on Thursday, June 13. Very little was learned since the necessary equipment was buried in the storage room at the Administration Building at Anthony F. Veteran Park. A second session had been scheduled for this afternoon but was cancelled because the equipment was either inaccessible or missing. Since the Parks and Recreation Department uses the building for summer day camp, future training sessions have been postponed until mid-August.
Last night, June 17, Ella Preiser, Hal Samis and Francis Sheehan attended another CAB meeting. Only two members of the CAB – Del Hillgartner, Chair, and Antonio Correia – attended, along with Town Clerk Alfreda Williams. Although no quorum was present, some meaningful discussion occurred. The main topic was the lack of a cable studio. Ms. Williams stated that the Town has looked at possibly renting the former Gateway storefront on Route 119. The building could be shared with the “entrepreneurial program” that Supervisor Feiner is planning to start, and the cable studio cost would be $1600 a month. Other sites being considered are the former Kinko store on Route 119 and a storefront at a mall on North Central Avenue. Ms. Williams also noted that Mr. Feiner thinks that he can get some free space for a cable studio in the next two weeks and has contacted people he knows at Berkeley College in White Plains, at Woodlands Middle/High School and at Mercy College.
At last night’s CAB meeting, Francis Sheehan shared his frustration. He formally applied for a cable program in May 1999. For three years, the Town has ignored his request, despite repeated reminders. Last year Supervisor Feiner promised that all those filing a request by December 15, 2001 would be given a program. It is now six months later and Mr. Sheehan believes the Town is violating the cable television franchise agreement it has with Cablevision and denying his First Amendment rights to free speech. Mr. Correia noted that Mr. Sheehan’s case could be presented in court at no cost and that a judge would definitely rule that the Town must immediately give Mr. Sheehan a cable access program.
Messrs. Hillgartner and Correia also expressed frustration that there is no studio, no training and no authority for the CAB to improve conditions. They called for a joint meeting of the CAB and the Town Board. A meeting has been scheduled for Thursday, June 27, at 8:30 p.m. at Town Hall.
CGCA members discussed the continuing embarrassing state of Greenburgh’s cable channels and the fact that Town politicians continue to control public access. CGCA members see no reason why a cable studio should be tied to an entrepreneurial program that requires a storefront. CGCA members renewed their call for a completely independent cable television board.
Mary Tobias, who served as the CGCA representative to the Greenburgh Campaign Finance Commission (GCFC) in 2000, reminded CGCA members of the recommendations the Commission had made regarding cable television. Supervisor Feiner had contacted the League of Women Voters of Westchester about forming a group to draft recommendations for election reform in Greenburgh that would serve as a model for the entire country. The LWV agreed to the project and formed the GCFC, which was comprised of LWV members, a staff attorney at the Brennan Center for Justice at NYU School of Law, the Director of the Michaelian Municipal Law Resource Center at Pace University, various political party representatives, and a representative from the CGCA. After 14 meetings and numerous subcommittee meetings, the GCFC presented its recommendations to the Town Board on December 13, 2000. Those recommendations included the need for a truly independent, not-for-profit Cable Access Television Board in Greenburgh. The CGCA endorsed and continues to endorse this recommendation. By unanimous vote, CGCA members agreed that a letter should be sent to the Greenburgh Cable Advisory Board with a copy of the GCFC’s cable access television recommendations
MISCELLANEOUS
Committee to Preserve Taxter Ridge holds Walking Tours. It was reported that there was a good turn out for the guided trail walk on June 9. A second tour is scheduled for Saturday, June 22, at 11 a.m. The Committee continues to seek funds to purchase this 200-acre parcel from the Unification Church.
Midway Shopping Center, Central Avenue. Madelon O’Shea noted that the owners of Midway continue to hold small teas for selected area residents to garner support for expanding the shopping center. The developers now propose reducing the size of the planned expansion (23,000 square feet instead of 26,000+ square feet) and insist no variance would be necessary. It was noted the shopping center is a non-conforming structure and any expansion would require a variance.
Hearing continues on Avalon Green II proposed development. The Town Board will continue the public hearing on the DEIS on June 26. CGCA members agreed this proposal for 794 rental units on Nob Hill would have an enormous negative impact on the Village of Elmsford and the Routes 9A and 119 corridors. It was noted that Mr. Feiner has scheduled a meeting for tomorrow at 3 p.m. to discuss whether there was compliance with the conditions imposed on the previously approved Avalon Green I project.
Proposed Millennium Gas Pipeline controversy continues. Developers of the proposed gas pipeline have filed notice with the U.S. Commerce Department, protesting the May 9, 2002, ruling by New York State Secretary of State Randy Daniels, which prohibits the pipeline from crossing the Hudson River at Haverstraw Bay. Some groups are asking for a public hearing before any decision is made. Councilman Steve Bass noted that the County Board of Legislators will entertain a resolution encouraging the Commerce Department to hold a public hearing in Westchester.
EPA grants waiver on building Water Filtration plant. The United States Environmental Protection Agency has accepted a plan and again waived requirements that would force New York City to build the world’s largest water filtration plant for the Catskill/Delaware Water System. A coalition of nine environmental groups has criticized the decision, claiming the “plan doesn’t provide long-term protection of the city’s water supply.”
WestHELP Temporary Agreement Approved. At today’s work session, the Town Board opened a special meeting and approved a temporary agreement with Westchester County, extending the lease for the WestHELP homeless shelter (on county-owned land near Westchester Community College). The agreement provides that the Town of Greenburgh will begin receiving $100,000 each month. According to the agreement proposed in February of this year, a portion of the money will be shared with the Valhalla School District and the Mayfair-Knollwood Civic Association.
Town Addressing Illegal Apartments and Junk Cars. Tim Lewis reported that the Town has been issuing a number of summonses regarding illegal apartments, as well as junk cars parked on properties. The fire department has safety concerns about the number of illegal apartments throughout Town. CGCA members noted that illegal apartments also create parking problems and cause a strain on the schools and other services.
Fulton Park Seeks Promised Trees. Irene Zuck reported that she will be meeting with the Town Engineer to discuss the fact that trees have not yet been planted that were promised as part of the Department of Transportation Route 287 repairs near the Fulton Park neighborhood.
East Hartsdale Avenue is a construction site. It was noted that construction work has not been completed on either the small animal hospital or the Synergy Health Club. Behind the health club, piles of debris have been observed on property owned by the Hartsdale Parking Authority.
Attorney hired – Town Hall/Library. At the June 12 meeting, David Kreiness asked for clarification of a cryptically-worded resolution seeking “services required in connection with property related activities.” The Town Attorney replied that the attorney would be paid $175 an hour, not to exceed a total of $10,000 and the community would learn more about this matter in a couple of months. CGCA members speculated that the Town will be announcing a decision to build a new Town Hall/Library, most likely at the Westchester Golf Range parcel on Dobbs Ferry Road.