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COUNCIL OF GREENBURGH CIVIC ASSOCIATIONS Minutes of Meeting - June 21, 2005 The Council of Greenburgh Civic Associations (CGCA) seeks to provide information and to advance the common interests of member civic groups in important Town affairs. CGCA Treasurer Mary Tobias has reported receiving dues for the year 2005 from the following civic groups: Ardsley Estates Civic Association To date, thirty-eight civic groups have paid dues for the year 2005. There is $1,470.55 in the treasury. The meeting was held at the Theodore D. Young Community Center. "Happy Birthday" greetings were extended to Victor Alleyne, Lorrin Brown and Mary Tobias. RIDGE HILL'S TAX BREAKS & TRAFFIC IMPACTS DISCUSSED Madelon O'Shea reported that last night (6/20/05) the Yonkers City Council held a public hearing on the Final Environmental Impact Statement regarding the proposed Ridge Hill Development. The attorney and the traffic consultant hired by the Town of Greenburgh validated the negative impacts that the proposed development would have on Yonkers streets but never mentioned the impact on Greenburgh streets - e.g., Jackson Avenue, Route 9A, Ardsley Road and Ashford Avenue. Since Greenburgh residents are paying these consultants, Mrs. O'Shea asked them why Greenburgh streets were not mentioned. They told her people in Yonkers need to know what will happen on their streets. Impacts on Greenburgh streets will be addressed at the next public hearing on Monday, June 27. Mrs. O'Shea told CGCA representatives that Yonkers must change the zoning to accommodate this over-sized $600 million project. The public hearing on the zoning change is scheduled for Thursday, July 7. She noted the property would be bought with public Industrial Development Agency (IDA) funds. No taxes would be paid for 20 years, but a $5 million payment in lieu of taxes would be provided the Yonkers School District. After 20 years, the developer wants to pay no more than $1 million a year in taxes. Mrs. O'Shea noted that the much smaller Cross County Shopping Center currently pays about $4 million in taxes a year. GOLF CLUB HEARING RE 52-FOOT HIGH NET POSTPONED AGAIN Deborah Bloom reported that the Public Hearing on the Scarsdale Golf Club's application to the ZBA has been postponed once again. This postponement was at the request of neighborhood residents who oppose the variance to erect a 52-foot high net to protect against errant golf balls. Apparently a new set of plans was submitted and neighbors initially could not obtain copies. Subsequently copies were provided, but there was little opportunity to review them. Ms. Bloom noted that contrary to what was reported in the local press, the golf club has not spoken with residents who oppose the variance. Madelon O'Shea reminded that the Audubon Society has said a net of any height was a potential bird trap. The CGCA will voice the Audubon Society's position at the Public Hearing tentatively scheduled for the ZBA meeting on July 21, 2005. CGCA WILL AGAIN HOLD PRE-PRIMARY TOWN CANDIDATES DEBATE CGCA representatives briefly discussed holding a CGCA-sponsored debate for candidates on the ballot for the Primary Election on September 13, 2005. Because the League of Women Voters does not sponsor pre-primary debates, in past years the CGCA has sponsored debates between candidates for Town offices prior to the Primary Election. The goal this year will be to schedule the debate in late August and air it live on Greenburgh's cable access channel. The tape can then be replayed over the weekend(s) prior to the Primary. Dates suggested include August 29, 30, and 31. The actual date will depend upon the availability of Cable TV director George Malone and the candidates. Danny Gold offered to moderate, and CGCA Vice Chair Cleo Oliver volunteered to be the timekeeper for the debate. It was noted that a substantial number of residents attended previous CGCA-sponsored debates. The CGCA also received a lot of positive feedback from the community. Therefore, procedures will be similar to those employed in the past. Publicity will be sought in the local media, and flyers will be posted in public places. Light refreshment will be served. Actual ground rules for the debate will be finalized and adopted at the July CGCA meeting. Copies of the rules will be made available to the candidates well in advance. The debate will be divided into two segments - one section devoted to the primary race for Town Supervisor and one devoted to the race for Town Council seats. At least two candidates must participate for a segment to take place. If only one candidate for an office agrees to participate, that candidate will be allowed time to make a statement. AMENDMENTS RE HEALTH CENTER REVISED CGCA representatives discussed the two Public Hearings before the Town Board (5/25/05 & 6/8/05) regarding the proposed amendments to the Zoning Ordinance which would permit the Mount Vernon Neighborhood (Greenburgh) Health Center to construct a building on Knollwood Road at the site of the former Cooke's Nursery. On June 8, the Health Center served refreshments and held a pre-meeting rally for those supporting the center. Chairs and a TV set were set up in the lobby of Town Hall to accommodate the overflow crowds at both meetings. CGCA representatives said they were troubled by the nasty personal attacks made by those supporting the Health Center against residents of the Broadview Civic Association and others who questioned the proposed changes. Personal attacks, racist comments and class warfare comments took up most of the time at the Public Hearings rather than input regarding the proposed zoning changes. As Cleo Oliver told CGCA representatives, one should be able to agree to disagree and still be respectful of others. Robert Reninger told CGCA representatives that the Town Board had closed the Public Hearing on June 8 and Supervisor Paul Feiner promised that the board would make a decision at a special meeting on Tuesday, June 14. Because of some technicalities the Town Board was told it would have to refer amendments back to the Planning Board for its review and recommendation. Mr. Reninger was hopeful there would be an opportunity to address definitions and everything else again. Ella Preiser reported that at last week's Town Board work session, Town Attorney Tim Lewis distributed first one and then a second version of proposed changes to the Zoning Ordinance which would permit the Health Center to locate at the Knollwood Road site and also permit medical and dental clinics to operate in most non-residential districts in the Town. The proposed changes, however, addressed only minor points that Mrs. Preiser raised at the Public Hearing regarding the elimination of the Close Business (CB) District and lack of parking requirements for the Central Avenue (CA) District. No change was made to the definition of Clinics. A resident from Cotswold attended the Town Board's work session and expressed concern about changing the Zoning Ordinance for all of unincorporated Greenburgh to site one facility: Madelon O'Shea said that Edgemont residents are concerned about locating certain clinics - such as abortion clinics or methadone clinics - at improper places. Ivan Sargeant told CGCA representatives that the Broadview community wants the Town to follow through on the recommendations made by the previous Town Board in the 1986 Targeted Rezoning Study. That study recommended that when properties came up for sale in the Knollwood Road area, the properties should be rezoned multifamily residential. Two of the three properties have already been rezoned. One of those properties was rezoned so Pondside Condominiums could be built. The former Alpine Tree site was recently rezoned to permit construction of apartments - Princewood is planning to build 18 housing units on the site. The Cooke's Nursery site was also targeted for rezoning when the non-conforming nursery use ended. Mr. Reninger said that something must be done to accommodate the Health Center. He said as more hospitals close, more health centers will be needed. He noted it appears the Health Center was being discriminated against by landlords. He was told that the Health Center inquired about leasing space at the office building across the street from Town Hall and the landlord said no. Mr. Reninger said there are a number of vacant spaces in different locations of the Town and the Town Board could use its influence to broker a deal for the Health Center. Danny Gold noted that the Health Center was on a month-to-month lease at its current location. He inquired whether it was being pressured to move by Commerce Bank, which now holds the lease on the Tarrytown Road building: Mr. Reninger responded that when representatives from Commerce Bank presented their plans to demolish the existing building and construct a new building with drive-up windows to the Planning Board on December 1, 2004, they stated on the record that they had no intention of evicting the Health Center Mr. Reninger said that he and Mr. Sargeant measured the space along Knollwood Road and are convinced that there is not sufficient room to put in a safe sidewalk. Alice Moroney reminded that many of the people who use the Health Center come from the WestHELP shelter at Westchester Community College on Knollwood Road. Although many residents at the shelter walk along Knollwood Road to get to the Heath Center and stores, no one cared about putting in a sidewalk for their safety. Cleo Oliver inquired whether there was any information regarding the clientele of the Health Center. Mr. Reninger responded that the Health Center has said approximately 60% of its clients use public transportation. Mrs. O'Shea noted that the Planning Board has scheduled a discussion of the proposed legislation at its special meeting on June 29, 2005. The Town Board wants the Planning Board to immediately make recommendations so that a Public Hearing can be scheduled before the Town Board on July 13, 2005. OVER-REGULATION CONCERNS ARE ROOT OF REVISED TREE LAW OPPOSITION CGCA representatives discussed the Conservation Advisory Council's (CAC) proposed amendments to the Tree ordinance which will be subject to a Public Hearing tomorrow (6/22/05). Danny Gold mentioned that CAC Chair Theresa Tori sent out an email asking residents to comment on the proposed amendments. Madelon O'Shea said she read the document and found some provisions cost-prohibitive, cumbersome, and unenforceable. She noted that the proposed law provides no distinction between developed and undeveloped land, and that some provisions duplicate conditions that are the province of the Historic and Landmarks Preservation Board. Ella Preiser said that she hasn't had time to read the proposed legislation thoroughly but, just glancing through the document at the CGCA meeting, she found a problem with notification requirements. She noted that the CAC did reduce the number of neighbors that must be notified by reducing the area from the perimeter of a property from 500 feet to 100 feet. However, the proposed law still would require property owners within 100 feet of a condominium to mail notice of the Forestry Officer's decision to hundreds of owners. Mrs. Preiser said to obtain a tree permit under the proposed law, she personally would have to send more than 220 certified letters, which would be very expensive. Carol Wielk commented that she attended some meetings where the CAC discussed having the Town notify neighbors because the requirement would be onerous to applicants. Mrs. O'Shea noted that the process of obtaining a permit to take down a tree could wind up taking a month or more. The Forestry Officer could require that an applicant hire an arborist or other specialist. A neighbor can appeal the Forestry Officer's decision to grant a permit simply because the neighbor wants to force you to keep a tree on your property. Lorrin Brown said that this legislation applies to all property owners. He noted that owners can plant trees but need approval from the neighbor to take the trees down when they are big and overgrown. Cleo Oliver commented that some trees need to be removed. Elinore Gordon mentioned that trees on some properties are over 100 years old and very large. Mr. Gold said he recently took down a large tree that was dangerously leaning over his driveway. He noted that another tree fell and damaged his neighbor's fence and the insurance company had to pay $1500. Ms. Wielk said she does not agree that homeowners should be free to do whatever they want on their property. She said it is important that homeowners value trees, otherwise Greenburgh is in danger of becoming a community of big "McMansions" with no trees. Mr. Gold noted that there is a lot of expansion going on in Greenburgh. Mrs. Preiser said there are a lot of trees in Greenburgh and the law may create an administrative nightmare. Bill Greenawalt asked about the status of hiring a Forestry Officer. Mrs. Preiser responded that the Town is currently advertising for a full-time environmental person. The successful candidate would be a Forestry Officer only part-time and serve in other Planning Department functions the remainder of the time. Deputy Commissioner of Planning Thomas Madden currently serves as the interim Forestry Officer. Concern was expressed that the proposed law gives the Forestry Officer enormous power. Mr. Greenawalt, who is Chair of Westchester County Parks Board, noted that the county has a policy that requires trees of a certain diameter to be replaced with one or more new trees. He said the policy results in two to three times as many new trees. Mrs. Preiser suggested that such a policy was fine for parkland but shouldn't be imposed on homeowners, especially those on small lots, who may want to remove overgrown trees to gain sunlight in their yards. She noted that a new tree could not be replanted in the original space unless the tree stump was removed. The proposed law requires removing a tree stump - a very expensive operation - unless the Forestry Officer grants permission for the stump to remain. Ms. Wielk noted that many years ago she planted a Bradford Pear tree, which fell after several years. She did not remove the stump and now has a "grove" of trees that grew from the original root. Mr. Greenawalt asked CGCA representatives what they felt should be included in a tree ordinance. Mrs. O'Shea said the law should differentiate between property already developed and undeveloped land or land that could be subdivided for profit. Mrs. Preiser said any change in the building footprint on a developed property should also trigger the need for a permit. Mr. Gold said he was in favor of amending the law but concerned about the financial impact the law would have on homeowners. He questioned whether the permit process was to create a revenue stream and noted that the Steep Slopes law cost his neighbors thousands of dollars. Victor Alleyne noted that in Georgia he had to comply with restrictions on removing trees. He asked if the CAC had checked what the City of White Plains requires. Mrs. Preiser said the CAC had looked at laws from a number of other communities. Mr. Greenawalt asked how the current law is defective. Mrs. Preiser responded that the law does not cover all situations but was greatly improved when the Town Board last year adopted two provisions recommended by resident Bob Bernstein. These provisions prohibited any disturbance of the property until the appeal process was completed and prohibited issuance of a certificate of occupancy if there were any violations of the law. In summary, it was agreed that the law should be amended, but further revisions are necessary. Mrs. O'Shea agreed to present the CGCA concerns at tomorrow's Public Hearing. TOWN MEETS WITH CIVIC GROUPS Town Attorney Tim Lewis arrived late to the CGCA meeting and reported that he had just left a meeting with the Hilltop Farms Civic Association. He noted one of the topics on the agenda was the Fortress Bible Church lawsuit. Fortress Bible is suing the Town, claiming the Town discriminated against it by not allowing the building of a church and school on property the church owns on Dobbs Ferry Road by the Sprain Brook Parkway ramps. The Town denied the application because of safety and traffic concerns. Mr. Lewis said the Town met last month with the Juniper Hill Civic Association and met twice last month with the Woodhill Civic Association. Some of the topics on the agendas included illegal apartments, landscaping not being maintained, people leaving garbage cans out, and taxis parked in driveways. Mr. Lewis noted that with property values increasing so dramatically, more owners appear to be tempted to bring in some tax-free cash by renting rooms. Madelon O'Shea reminded that homeowners could apply for a special permit from the ZBA for no more than two roomers/boarders provided there is compliance with conditions in the Zoning Ordinance. SUPERVISOR FEINER CALLS OTHER TOWN BOARD MEMBERS "LAME
DUCKS" At today's (6/21/05) work session, Town Board members discussed the proposal by Lothrop Associates (architects) to reconfigure the Town Hall to create additional office space for the legal department and a cable studio on the first floor. The Town is hiring an additional attorney and needs two offices and a conference room for the legal department. The proposal involves creating the needed space by reconfiguring space currently occupied by the assessor's office. Also discussed was a proposal to create a cable studio in the first floor space currently occupied by the Philanthropy office, the Town Historian and the Energy office. These offices would be relocated to the second floor and the baby sitting room on the first floor. The cost for architectural and engineering services would be $24,500. At the work session Supervisor Paul Feiner announced that he was going to vote against the proposal for the cable studio. He said a cable studio was a "big rip-off" and political. He wanted the vote delayed until after he won the primary election in September. He claimed that "lame ducks" should not have the right to destroy the Town Hall. Councilwoman Timmy Weinberg took offense and actually turned her back to Mr. Feiner. Councilwoman Diana Juettner was not present. Councilman Steve Bass noted that he and Councilwoman Eddie Mae Barnes still had two more years on their terms of office. Ms. Barnes reminded that the Town had promised a state-of-the-art cable studio at the new Town Hall. Mr. Feiner accused the Council members of turning "every stupid little thing into a controversy." Ms. Barnes reminded Mr. Feiner that he wanted to replace her, a black woman, as Deputy Supervisor with a white man. After several minutes, Mr. Feiner acknowledged that he could be considered a "lame duck" too. Mr. Feiner also still wants a childcare room at Town Hall. He noted that he has need of childcare this summer because his daughter is attending day camp. Councilwoman Weinberg said she was concerned about safety and opposed a childcare room located next to, the front door of Town Hall. Police Chief John Kapica was in the room and Mr. Feiner asked for his opinion. Chief Kapica said he agreed with Ms. Weinberg that it was dangerous to place a childcare room near the front door. CGCA representatives noted the hostility that prevails at Town Board meetings. Town Attorney Tim Lewis told CGCA representatives that it is a very difficult situation because the Supervisor is not supporting people who have been in office for many years and there is a feeling of betrayal. He noted there is a lot of pent up feelings on both sides. MISCELLANEOUS Meetings, Meetings, Meetings. Madelon O'Shea reminded CGCA representatives that the Town is planning a picnic for volunteers tomorrow (6/22105) at Travis Hill Park. During the same time period (6-7:30 p.m.), Supervisor Paul Feiner plans to hold a community outreach tour of the park. In case of rain the picnic will be held at Town Hall. Robert Reninger noted that the committee appointed to make the budget easier to understand would also be meeting at 7:15 p.m. at Town Hall. The Town Board meeting is scheduled to begin at 8 p.m. at the Town Hall. Midway Issued Stop Work Order But No Summons. Madelon O'Shea reported that the Midway Shopping Center application for amended site plan review to reconfigure the parking lot has been removed from the Town Board agenda. The owners plan to return the parking lot to its original condition. The Town issued stop-work orders regarding the construction of a planned gym (already advertised) beneath the Red Lobster restaurant. Apparently no summons have been issued. Concern was expressed that without a paper trail that includes summonses, the Town will be in a difficult situation if a lawsuit is filed. IDA Legislation to Expire. Robert Reninger noted that the Industrial Development Agency (IDA) legislation is set to expire on June 30, 2005. State legislators went home on vacation without renewing the IDAs. Mr. Reninger said he doubted the IDAs would expire permanently; the legislators would likely renew them. However, there would be a period when no financing is available and this could affect both the Ridge Hill development in Yonkers and the Mount Vernon (Greenburgh) Health Center. He noted there is a movement to curtail IDAs Town Sets Hearing re Marshall's Shopping Center. Both Deborah Bloom and Ella Preiser said they had heard from Madeline Saporito from The Colony who wished to inform the CGCA that the Town Board was setting a public hearing for August 17, 2005, to consider the amended site plan application of Hampshire Management. |
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