The July 2004 CGCA meeting was cancelled to allow community leaders the opportunity to attend a joint meeting of the Town Board, Planning Board and Zoning Board of Appeals. In an effort to provide information in a timely fashion, following are news updates on various issues of concern to CGCA representatives. Information is provided on meetings/events that took place during the period from the last CGCA meeting (June 15) through the month of July. Ella Preiser, Secretary.

Thirty-seven civic groups have paid dues for the year 2004. Please see the minutes of the June 15, 2004 CGCA meeting for a listing of the CGCA membership.

On July 20, 2004, a joint meeting of the Town Board, Planning Board and Zoning Board of Appeals took place. The meeting was attended by:

• All five members of the Town Board (Supervisor Paul Feiner, Eddie Mae Barnes, Steve Bass, Diana Juettner and Timmy Weinberg); however, Mr. Feiner arrived 30 minutes late, did not speak at all and left the meeting after a few minutes
• Six of the seven members of the Planning Board (Chairperson Fran McLaughlin, Blanche Alter, Stephanie Kavourias, Tom McNamara, Kevin Morgan and Hugh Schwartz)
• Four of the seven members of the ZBA (Chairman Steve Belasco, Larry Doyle, Rohan Harrison and Francis Sheehan)
• Six members of Town staff (Planning Commissioner Mark Stellato, Town Attorney Susan Mancuso and deputy town attorneys Ed Lieberman and Tim Lewis, Building Inspector John Lucido and Deputy Building Inspector Anthony Zacarolli)
• Eight members of the community (Mr. Baker, Lorrin Brown, Hal Samis, David Kreiness, Madelon O’Shea, Ella Preiser, Bob Reninger and CAC Chair Theresa Tori)
• One member of the press (journalist Joseph Ax of the The Journal News)

Much of the discussion at the meeting centered on two topics – (1) the procedure to be followed when an applicant wishes to modify plans that have received approval from a board, and (2) enforcement of conditions imposed during the approval process. Planning Board and ZBA members agreed that they would like to have plans returned for review if any significant modifications are made. Questions were raised about what determines significance, and the Building Inspector stated that changes are made to all plans. ZBA members indicated they wanted to review any changes to a plan that are made to a roof. As CGCA representatives may remember, there was considerable controversy earlier this year regarding the BMW (Route 119) expansion. The rectangular façade that was constructed did not match the plans that had been before both the Planning Board and the ZBA that included decorative arches and a sloped roof.

Enforcement of conditions imposed during the approval process and enforcement of Town codes in general were also discussed. The Building Inspector issued a report in June noting that 488 Notices of Violation had been issued (between 1/1/04 and 6/15/04) as a result of a proactive policy of enforcement rather than only acting on complaints. It was pointed out that most of those violations were against homeowners and did not address numerous outstanding complaints against businesses. A question to be resolved at a Friday managers’ meeting was who the public should call to report violations, especially in the evening and on weekends. Tim Lewis wanted to discuss "fines" with the Town Board and Councilwoman Weinberg suggested the topic be put on a work session agenda in two weeks.

Several residents/CGCA representatives have been attending the regular monthly meetings of the Library Board. At the meeting on June 24, 2004, Madelon O’Shea presented the board with a letter outlining the resolution passed by the CGCA on June 15, 2004, seeking a special joint meeting between the CGCA and the Library Board. Library Board members present immediately agreed to such a meeting at a time and place to be determined. At the Library Board meeting on July 22, the date for the special joint meeting was set for Thursday, October 14, 2004. The CGCA will publicize this meeting.

At the Town Board work session on July 20, 2004, Library Board Chair Howard Jacobs and Library Director Demita Gerber presented updated copies of the Lushington report. The report defines recommended square footage requirements in a modern Greenburgh library. Mr. Jacobs reported that the next step is the design phase with the architect working with the report. Mr. Jacobs indicated the Library Board is hoping the architect will have plans prepared by the end of September.

On June 17, 2004, the ZBA continued the public hearing on the Southern Greenville Civic Association appeal of the Building Inspector’s determination regarding the flag lot in the Castle Walk subdivision. Following the meeting, ZBA members discussed the matter and adjourned the case "for decision only." A decision was rendered to uphold the Building Inspector’s determination on July 15, 2004.

The Planning Board held a public hearing on the proposed three-lot subdivision on June 16, 2004. Several residents continued to voice objections to the subdivision, which would include a flag lot with two flagpoles. Residents also chastised the board for allowing the developer’s attorney to speak for 30-minutes at its June 2 meeting even though the topic was not on the agenda and the community had not been notified. Because the ZBA had not rendered a decision on the Southern Greenville appeal, the Planning Board adjourned the hearing until July 21, 2004. At the July 21 meeting, the Board continued the Public Hearing. Following the comment period, Planning Board Chair Fran McLaughlin initially accepted a motion to close the Public Hearing and keep the record open until the September 1, 2004 Planning Board meeting. Ruth Roth, the attorney for the applicant, pleaded with the board to close the hearing and grant final subdivision. After some discussion the original motion was withdrawn and a new motion was approved (5 to 1) to grant final subdivision. Planning Board member Thomas McNamara voted against the motion.

On June 22, 2004, Supervisor Feiner held a "liaison meeting" at Webb Field. At the Town Board meeting on June 23, 2004, Mr. Feiner announced that at the previous night’s liaison meeting a discussion took place about landscaping. A resident of College Corners spoke at the Town Board meeting and said Mr. Feiner misrepresented what occurred at the liaison meeting. She indicated that community members at the liaison meeting expressed the opinion that the memorial wall was "an abomination" that served as a billboard for the Rotary Club and that the Town should review the possibility of moving the wall. Residents from the College Corners area also spoke out in opposition to the wall at Town Board meetings on April 28, 2004 and July 14, 2004.

At the Town Board meeting on June 23, 2004, Director John Afoun and Commissioner Cora Carey of the Greenburgh Housing Authority expressed the Housing Authority’s desire to rent the old Town Hall building for approximately eight months while renovations are taking place at the Housing Authority’s offices. Councilwoman Diana Juettner said the Town Board needed more information and would discuss the matter at its July 6 work session. The Housing Authority’s request appeared on the Town Board work session agenda on July 13, 2004, but the issue was not discussed.

At the July 13 work session Police Chief John Kapica sought permission for the Police Department to use a small portion of the old Town Hall building – the former Conference Room, and the former offices of the Supervisor and his secretary. It was noted that a plumbing problem caused flooding of the lower floor of the old Town Hall Building and mold is now growing on the walls. Concern was expressed about safety conditions at the building and the likelihood that mold spores would circulate throughout the building during operation of the air-conditioning/heating system.

At the Town Board work session on July 13, 2004, Police Chief John Kapica expressed concern about work that has been left unfinished by the contractor hired to make renovations at Police Headquarters. Chief Kapica presented the board with photographs documenting the unfinished work. The Town is still holding $40,000 of the contracted fees.

Chief Kapica also sought permission to hire an architect to draw up plans for renovations to the police locker room and town court. He circulated photographs of some of the problems that need addressing – a missing urinal, cardboard on the floor of the bathroom, a rusty shower stall, mold growing under a sink, water stains on ceiling tiles caused by leaks, and a door that doesn’t close properly.

The ZBA continued the public hearing on July 15, 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. Broadview 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 CGCA spoke in support of Broadview’s position. ZBA members discussed this case in a work session following the public hearings. By a "straw" vote of those present, the ZBA members unanimously agreed that Broadview had "standing" to file the appeal, that the ZBA had jurisdiction to hear the appeal, and that the clinic met the definition of "hospital" in the Zoning Ordinance and was therefore prohibited in the LOB district. The hearing was adjourned for decision only so the ZBA would have time to prepare findings.

On July 13, 2004, the agenda for the Town Board work session included the Broadview request to change the zoning of property owned by the Greenburgh Health Center at 295 Knollwood Road from LOB (office building) to M-6 (residential). Ivan Sargeant from Broadview presented the petition and noted that the 1986 Targeted Rezoning Study prepared by the Town’s Planning Department recommended this zone change. The Town Attorney agreed to look into whether the petition could be accepted. At the work session on July 20, 2004, the Town Attorney announced that, according to her interpretation of the Zoning Ordinance, only the owner(s) of a subject property could petition the Town Board for a rezoning, not adjacent property owners.

At its meeting on July 21, 2004, the Planning Board discussed in work session the heath center’s petition to the Town Board to change the definitions for "hospital" and "professional office building" in the Zoning Ordinance. Planning Board Chair Fran McLaughlin and member Blanche Alter indicated that the proposed definitions needed further clarification. They noted there were better definitions available on the Internet. The issue was placed on the agenda of the September 1, 2004 Planning Board meeting. The Planning Board will request the Town Board to grant more time for review of the issue.

For months, attention has been focused on an appeal of the Forestry Officer’s decision to issue a permit to remove trees on property at 42 Round Hill Road in Edgemont. Neighbors from Round Hill Road objected to the property owner’s request to remove approximately 75 mature trees from the property in order to construct a house and accessory buildings (pool, pool house, tennis court, etc.). The Town Board held a hearing on the neighbor’s appeal on May 12, 2004. A site visit to the property was suggested. The Town Board made the site visit and continued the hearing on May 25. At the June 8 Town Board work session, it was announced that a compromise was possible and findings were being written to grant the permit. The owner apparently did not want to wait. On June 15 at the work session, photos were circulated that showed the owner had pruned conical evergreen trees to look like "lollipops." Removal of vegetation continued and the Town issued a "stop work order." The owner subsequently fenced the property and posted enormous billboard type "No Trespassing" signs.

Supervisor Feiner said he was angered by the Town’s inability to stop the removal of vegetation at the Round Hill Road site and recommended that the Town Board grant him emergency powers to overrule town staff (on a temporary basis) and to issue stop work orders. Several CGCA representatives addressed the Town Board at the June 23 meeting and urged the board not to consider giving the supervisor such power. Councilwoman Timmy Weinberg nodded her head in agreement as residents spoke and Councilwoman Diana Juettner made it clear that what was on the agenda was merely a "Supervisor’s announcement."

At the Town Board work session on July 13, 2004, copies were distributed of proposed amendments to Chapter 260 (Trees) of the Town Code. The amendments were developed by the Conservation Advisory Council (CAC), working with Deputy Town Attorney Janet Insardi. At the Town Board meeting on July 14, Greenridge Association President Bob Bernstein expressed concern that the proposed revisions to the "Trees" law would generate considerable public input and adoption of any amendments would be months away. He said more immediate actions were necessary to deal with problems such as Round Hill Road. He recommended, instead, two additions to the existing tree ordinance – (1) a moratorium on the removal of any vegetation until a tree permit is granted and (2) withholding any building, demolition or other permits until any violations of the law are addressed. The Town Board immediately scheduled a special meeting for the work session on Tuesday, July 20 to consider the recommendations. Mr. Bernstein attended the July 20 work session and persuaded the Town Board to move quickly on his recommendations. The Town Board voted to schedule a public hearing on the two amendments for a special meeting on August 3, 2004. The Town Board will also set the first of a number of public hearings for August 18 to consider the amendments recommended by the CAC.

At its meeting on July 7, 2004, the Planning Board held a work session on the application to subdivide the 182-acre LCOR parcel (formerly owned by Keren and previously by Union Carbide) into three lots. Madison Square Garden wishes to purchase the 15.95-acre site that houses its training facility. The owners plan to further subdivide the remaining property into a 100-acre (largely undeveloped) parcel and a 65-acre lot containing the existing and approved (but not built) office buildings/laboratories. The Planning Board originally scheduled a public hearing on the subdivision application for August 4, 2004. The hearing was rescheduled to September 1, 2004 because Deputy Town Attorney Janet Insardi has recused herself from the case (potential conflict of interest) and Deputy Town Attorney David Fried cannot make the August meeting.

It appears LCOR may require a 10-acre variance (from 75 to 65 acres) or a code change to subdivide the property as proposed. The Zoning Ordinance requires "two parcels of land under common ownership containing not less than 75 acres each" when a building bridges a road. This provision of the code was adopted years ago so Union Carbide could erect the "spine" building that connects its buildings on the Greenburgh and Mount Pleasant sides of Old Saw Mill River Road.

Amendment to Comprehensive Plan Adopted. At the Town Board meeting on June 23, 2004, a final public hearing was held and an amendment was adopted that requires the Planning Department, the Planning Board, the Conservation Advisory Council and a Citizen Committee to review the Comprehensive Plan every five years. The review should include a report on the progress made in implementing the plan and evaluation of whether modifications are warranted. The Town Board is required to acknowledge receipt of the report and provide written comments on the recommendations contained in the report.

Amendment to Flag Lot Legislation Finally Referred. At its meeting on July 14, 2004, the Town Board finally referred to the Planning Board for its review and recommendation proposed legislation to prohibit future flag lots. The Planning Board, in fact, recommended to the Town Board in March 2004 that the Zoning Ordinance be amended to include such a prohibition. The Planning Board expects to discuss the proposed amendment at its work session on September 1, 2004. The proposed language should be amended to "grandfather" existing flag lots.

Country Club’s Site Plan Amendments Granted Approval. At its meeting on July 14, 2004, the Town Board granted approval without a hearing or discussion to plans by the Elmwood Country Club on Dobbs Ferry Road for 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.

Dunkin’ Donuts/Baskin Robbins Seeks Site Plan Amendment. At the Town Board meeting on July 14, 2004, a public hearing was opened on a request for an amendment to the site plan for the Greenburgh Shopping Center at 81 Knollwood Road to allow Dunkin’ Donuts to have a drive-up window. The Planning Board reviewed the application in May and recommended approval providing changes are made to the shopping center entrance/exit on Knollwood Road. At the public hearing, Bob Reninger questioned why there was no court stenographer present. The public hearing was adjourned to the Town Board meeting on August 18, 2004.

Portuguese Restaurant Finally Opens. At the Town Board meeting on June 23, 2004, the owner of the planned Alcaria Portuguese restaurant on East Hartsdale Avenue pleaded for the Town to issue a temporary Certificate of Occupancy so he could open for business. He acknowledged that he had not complied with all the design requirements imposed in his special permit approval because of income constraints and he agreed to comply in the future. Several Hartsdale residents attended the meeting and spoke in favor of the owner. An agreement was subsequently reached and the restaurant is now open.

Hearing Cancelled on Office Building Proposed for West Hartsdale Avenue. A continued public hearing, scheduled for July 7, 2004, before the Planning Board was cancelled because the plans submitted were not complete. The applicant is seeking approval to erect a two-story, 18,000 square foot office building on the vacant 1.4-acre parcel near the intersection of West Hartsdale Avenue and Dobbs Ferry Road (across the street from the Mighty Joe Young restaurant).

Shopping Center "Noise" Annoys Colony Residents. Since April of this year, residents of The Colony regularly have been attending Town Board meetings and speaking out about the noise coming from a transformer at the Marshall’s/Trader Joe stores on Central Avenue. The Building Inspector has stated that Con Edison must approve plans to remediate the noise.

Planning Board Rules of Procedure to be Reviewed/Revised. At the July 21, 2004 meeting, Planning Board members distributed proposed revisions to the board’s Rules of Procedure. Discussion of the proposed changes will take place in September.

Shopping Carts Law Exemptions Sought. At its meeting on July 14, 2004, the Town Board passed a resolution denying the request of the A&P Supermarket at 369 Tarrytown Road (Crossroads Shopping Center) for an exemption from the Shopping Carts law provision that requires the installation of technology to keep the shopping carts on the property. At the Town Board work session on July 13, 2004, Police Chief John Kapica indicated be would be recommending that exemptions from the law be granted to the following stores: Office Depot, Bed Bath & Beyond, CVS, Turco and A&P at 668 Central Avenue.

MSG Seeks Helicopter Landing Area. On June 29, 2004, an application was filed with the Town to establish a heliport on part of the LCOR property on Old Saw Mill River Road. Madison Square Garden (MSG) uses the property as a training facility for its professional sports teams – the New York Knicks, the New York Rangers, and the New York Liberty. MSG is the contract vendee of the property.

Millennium Gas Pipeline Deadline Extended. At the request of the developers of the proposed pipeline, the Federal Energy Regulatory Commission has extended until July 1, 2005, the deadline (that expired this month) for submission of a schedule regarding the proposed construction in two phases. Organizations opposing construction of the pipeline have raised objections because no public input was permitted regarding the extension.

Winding Farm Estates Subdivision Hearing Postponed Again. A public hearing was continued on this proposed eight-lot subdivision on June 16, 2004. Still unresolved were questions about a shared driveway and a possible easement from St. Andrew’s for a sewer hookup. The hearing was originally adjourned until July 21, 2004, but the applicant has subsequently presented revised plans and the application will be scheduled for a future work session at a date to be determined.

Town Resolution Creates Position for Third Town Justice. On June 30, 2004, Governor Pataki signed legislation authorizing the Town to create a third judicial position in Greenburgh to be voted on at the general election in November. At the July 14, 2004 Town Board meeting, a resolution was adopted creating the position. Since the period for collecting signatures on a petition to get one’s name on the ballot for a primary election ended on July 15, 2004, state law mandates that the political parties at special conventions in September nominate candidates to run for office at the general election in November.