COUNCIL OF GREENBURGH CIVIC ASSOCIATIONS
Minutes of Meeting – July 16, 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 July 16:
Ardsley
Estates Civic Association
Beaver Hill Association
Birchwood Civic Association
Broadview Civic Association
East Irvington Civic Association
Edgebrook Cooperative, Inc.
Fort Hill Association
Fulton Park Civic Association
Granada Condominium III Association
Greenridge Association
Hartsdale Highlands Civic Assoc.
Hillside Wyndover Civic Association
Hilltop Farms Civic Association
Homestead Owners Corp.
Knollwood Manor Civic Association
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
Stone Oaks Condominium
The Colony at Hartsdale
The Cotswold Association, Inc.
The Edgemont Association
The Sprain Road Association
Washington Avenue Civic Association
Westchester Hills Condominium
Winding Road Farm Association
Woodhill Civic Association
To date, thirty-six civic groups have paid dues for the year 2002. There is $838.75 in the treasury.
Minutes of the June 18, 2002, CGCA meeting, which had been mailed to CGCA representatives with notice of tonight’s meeting, were approved without any amendments.
The July 16, 2002, CGCA meeting was held at the Theodore D. Young Community Center. On June 26, the Town Board voted to approve a resolution regarding “Town Hall Security Procedures effective July 15th”. Ella Preiser informed CGCA members that she requested a copy of the resolution today but was told that a formal written resolution had not been adopted. Instead, she was given a copy of the “Town Hall Use Policy and Application” and “Town Hall Use Policy and Attendance Sheet.”
CGCA HONORS DANNY GOLD FOR HIS DISTINGUISHED SERVICE
On behalf of the CGCA, Madelon O’Shea presented Danny Gold with a silver bowl (inscribed “Danny Gold, CGCA Chair, 1992 – 2002”). CGCA members again thanked Mr. Gold for all of his hard work and efforts as Chair of the CGCA over the past ten years. Under his leadership, the CGCA has increased its membership and become an important independent voice in Greenburgh. The CGCA had originally intended to present this award to Mr. Gold at the May 22 Town Board meeting. However, Supervisor Paul Feiner changed the order of the agenda, moving the CGCA presentation to the end of the meeting. CGCA members were unwilling to stand outdoors in the dark and cold.
CGCA SUPPORTS AREA GROUPS RE WAIVERS FROM THE MORATORIUM LAW
Madelon O’Shea sought and received CGCA support to oppose two applications for waivers from the Moratorium Law. Public hearings on these applications were held months ago but will be re-opened at tomorrow night’s Town Board meeting so that Planning Commissioner Mark Stellato can provide input.
Castlewalk Development seeks permission to apply for a three-lot subdivision. The property is located off of Fort Hill Road and is situated directly behind Red Lobster on Central Avenue. There are steep slopes on the property and access to the subdivision would be from Fort Hill Road at a blind curve. The applicant also is proposing a flag lot, which is prohibited under the Zoning Ordinance on Fort Hill Road. The CGCA will oppose the granting of a waiver until legislation regarding steep slopes is adopted.
Crane Pond Associates, Inc. seeks permission to apply for a two-lot subdivision. The property, which is locally referred to as the “Smith property,” contains a historic house and slave quarters. Mrs. O’Shea noted that the main house is being altered. The owners are raising the roof to provide adequate room for the second floor bedrooms. The middle section of this house was built during the Revolutionary War, one side dates to the Civil War and the other side was added in the 1890s. A kitchen was added in the 1930s. The CGCA will oppose the granting of a waiver until historic preservation legislation is adopted. Deborah Bloom questioned whether any African-American organizations had been contacted to get publicity about the slave quarters.
AVALON GREEN II (NOB HILL) COMMITTEE TO STUDY COMPROMISE
Danny Gold reported that the “Inter-municipal Advisory Committee for Avalon Green II” met today with representatives of the owner of the Nob Hill property – the Robert Martin Company (RMC). The committee is comprised of residents from Greenburgh, Elmsford and Irvington. Tarrytown was invited to participate but has not responded. Linda Jain, a representative from State Assemblyman Richard Brodsky’s office, also attended as an observer. The mission of the committee is to see if there can be any compromise with the developer to avoid litigation.
The Town Board currently is reviewing RMC’s application to build 794 rental units on Nob Hill. The public hearing on the DEIS has been closed, but written comments may be submitted until July 26. As published widely, RMC recently proposed reducing the number to 444 rental units. The committee was informed that 444 is the minimum number of units RMC needs to build to recover costs and make a small profit. If the community is unwilling to accept 444 units, RMC plans to go to court based on a letter RMC received from Supervisor Paul Feiner. In 1995, RMC informed the Town it was considering asking the Village of Elmsford to annex the Nob Hill property. Following a meeting with the Town Board, Mr. Feiner wrote to RMC, encouraging the company to file an application with the Town under the existing M-10 zoning. The attorney for RMC feels that this letter would hold up in court.
If the Town approves the building of 444 units and the community determines that the proposed road improvements are sufficient, RMC would then seek permission to build another 200 units in a second phase. If the community agrees to the second phase, RMC would donate $3 million toward the purchase of open space. Formerly the offer was made toward the purchase of the Unification Church property, but now the committee would determine how the money would be spent.
Mr. Gold stated that the committee was told that the number of 335 units reported in the newspaper if the “Comprehensive” plan is adopted was not true. The 335 number refers only to the rezoning from M-10 to M-6 that was recommended by Saratoga Associates. If a steep slopes law similar to the one adopted in Somers is enacted, RMC would be prohibited from building anything on the site.
Mr. Gold noted that the Village of Elmsford has commissioned an independent traffic study and that he has heard that it concludes that traffic delays will continue even with the road improvements RMC has proposed. Letters from the State DOT and the Westchester County Planning Department also express concerns about future traffic.
Mr. Gold told CGCA members that the committee would hold another meeting in August. Meanwhile the committee will submit additional questions regarding the DEIS for the 794 units.
On a related matter, Ella Preiser reported that she attended a meeting on June 19 during which the Avalon Green I approvals were reviewed to determine if the conditions imposed were implemented. She learned that the site plan the community had supported was amended when a second developer took over the project. At that time the community was told only minor changes were being planned. Community members never checked out what those minor changes were. The changes involved the cutting of a vast number of trees that the community understood would be saved. CGCA members discussed how important it is for the community to stay involved and carefully review any changes that are proposed during the approval process.
UPDATES – PROPOSED NEW CONSTRUCTION
CGCA members were provided updates on the status of a number of applications seeking approval for new construction:
Dilmaghani Unified Shopping Center – Central Avenue. At its July 24 meeting, the Planning Board will consider in work session the proposal to erect a new 32,000 square foot Unified Shopping Center. The applicant plans to demolish two existing buildings – the carpet store and former European Health Spa. The Edgemont School District has concerns about blasting and 25-30 foot high retaining walls that would abut the high school’s playing fields.
Fortress Bible Church and School – Dobbs Ferry Road. The ZBA has scheduled a public hearing for July 25 on the applicant’s request for a side yard variance for this proposed 500-seat church and a school for 150 children. The ZBA will be required to keep the hearing open since the Town Board has not yet accepted the Final Environmental Impact Statement or issued SEQRA findings on this case.
Gelsprain Subdivision – Ardsley Road. At its June 19 meeting, the Planning Board approved the Scope for this proposed single-family subdivision of 55 lots. The applicant (Toll Brothers) must now prepare a Draft Environmental Impact Statement addressing the numerous issues outlined in the Scoping document.
Kathwood Road Subdivision – Orchard Hill. At its June 19 meeting, the Planning Board noted that the applicants’ property is in a Hilltop Preservation zone, which is a “Critical Environmental Area” under Town code. Accordingly, the proposed subdivision is a Type I action under SEQRA. Previously, the Planning Board had noticed the proposal as an Unlisted action and issued a Conditioned Negative Declaration under SEQRA. Further discussion on this proposed six-lot subdivision has been adjourned to the July 24 Planning Board meeting.
600 White Plains Road – (Route 119). At its June 25 work session, the Town Board was asked to extend the approval time to build a hotel on this site because the design was not finished. An article in the June 24 issue of the Westchester County Business Journal stated that Starwood Hotels recently acquired the property from Jon Halpern and is designing a 150-room Sheraton Hotel for the site. At the work session, Councilwoman Diana Juettner asked how long the unsightly rock-crushing operation would continue on the site. At today’s work session, Planning Commissioner Mark Stellato reported that the operation would end in January 2003 and the site would be cleared by August 2003.
MERCHANT UNAWARE OF HARTSDALE CENTER REZONE REQUIREMENTS APPROVED ZONING MAP STILL CONTAINS ERRORS
Stephanie Bellino read to CGCA members a letter, dated July 8, she had received from Supervisor Paul Feiner regarding renovations to the building at 211 East Hartsdale Avenue. Mr. Feiner erroneously believed Ms. Bellino was the managing agent for the building. The letter stated that a stop work order had been issued because the merchant had not applied for a permit prior to the purchase or installation of aluminum siding on the façade. The letter noted that Ms. Bellino had been very vocal in support of a committee of citizens and requested her help in notifying local merchants about the changes in the law.
CGCA members do not believe it is Ms. Bellino’s responsibility to notify merchants/owners of the requirements of the new Hartsdale Center District zoning. It was noted that last summer Mr. Feiner personally had visited the merchants urging them to support changes in the zoning to help revitalize the avenue. It appears that the Town (or Mr. Feiner) did not deem it necessary to inform merchants and property owners of the new requirements in the law. Ella Preiser noted that at today’s (July 16) work session Planning Commissioner Mark Stellato told the Town Board that he met with the merchant and gave him guidelines to obtain approval for the façade changes.
On a related matter, it was noted that the Town Board still has not corrected the Zoning Map error it made on September 25, 2001, when it created the new Hartsdale Center District. Two residential buildings – 170 and 180 East Hartsdale Avenue – remain in a commercial district.
MADISON SQUARE GARDEN AGREES TO MAINTAIN LANDSCAPING
On June 26, the Town Board held a public hearing to consider the Madison Square Garden (MSG) request for a waiver from the Moratorium Law in order to apply for a site plan amendment for its training facility under construction on the Landmark at Eastview property. MSG wanted to reduce the size of the facility by eliminating one basketball court and the boxing ring at the present time but still retain the right to build these additions in the future. Ella Preiser spoke at the hearing and noted she had no objections to waivers being granted from either the Moratorium Law or the regular site plan approval amendment process. However, she asked the Town Board to correct the error it made in October 2001 when it granted approval for the facility and required the applicant to guarantee only an 85% success rate for all mitigation plantings through a five-year period. At the hearing, representatives from the CGCA and the Edgemont Community Council supported the position that all mitigation plantings should be guaranteed in perpetuity. Zoning Board member Francis Sheehan informed the board that the ZBA routinely requires that mitigation landscaping be maintained in perpetuity.
Mrs. Preiser informed CGCA members that MSG has agreed in writing to maintain and/or replace with functionally equivalent plantings 100% of the mitigation planting for as long as the proposed training facility stands. It is expected that the Town Board will grant waivers from the Moratorium Law and the site plan approval amendment process at tomorrow night’s Town Board meeting.
SUPERVISOR FEINER SURVEYS DOBBS FERRY ROAD RESIDENTS & FINDS NO PROBLEM IN ACQUIRING/TAKING GOLF RANGE FOR A NEW TOWN HALL/LIBRARY
CGCA members discussed Supervisor Feiner’s recent letters to civic leaders about the Town Board’s plan to purchase or acquire by eminent domain the Westchester Golf Driving Range for a new Town Hall and Library. At today’s work session, Mr. Feiner announced that he spent the weekend knocking on doors of residents of Westchester View Lane and they had no problems with the Town acquiring the site. CGCA members agreed they did not have enough information to make an informed decision but noted the serious traffic congestion already on Dobbs Ferry Road.
Deborah Bloom said she would like to know who is telling the truth about the Dobbs Ferry Road property. Copies were distributed of a letter written by Mr. Paul M. O’Connor, Jr., a lawyer hired by the Town to negotiate with the owners of the driving range. It was noted that Mr. Feiner is mailing copies of this letter to people who have signed a petition opposing the choice of the driving range site. Hal Samis noted that the Town hired Mr. O’Connor on April 17, 2001, days after Landauer presented a preliminary report and weeks before the Town Board approved funding to hire an attorney. It was also noted that Mr. Feiner did not appoint a Town Hall/Library Relocation Committee until July 18, 2001, months after the Town began negotiations regarding the driving range site. Questions were raised about whether the committee was formed merely to validate the site the Town Board had already chosen.
COMMUNITY/DEVELOPERS
AGREE:
“COMPREHENSIVE” PLAN AND DGEIS ARE FLAWED
At a special meeting on July 11, the Town Board held a public hearing on the Draft Generic Environmental Impact Statement that its consultant, Cashin Associates, had prepared regarding the “Comprehensive Plan” the Town Board accepted in October 2000. This was a historic event with representatives of developers and members of the community agreeing that both documents were seriously flawed. The problem stems from the fact that the Comprehensive Plan Committee was never given the opportunity to review the plan for errors or omissions before the Town Board accepted the document. The plan contained little mention of some issues important to members, such as “McMansions” and historic preservation. Parts of the plan are outdated since several of the properties have already been developed. In addition, the Town Board has not presented draft legislation for steep slopes, wetlands, a recreation district or other recommendations in the plan. Thus, it was impossible for Cashin Associates and the public to adequately address the impacts of these changes in the DGEIS. The hearing was adjourned to September 26.
CGCA members agreed with Danny Gold that it is crucial that new laws be adopted. It is unclear how the community can help since the Town Attorney will not release copies of draft legislation. Madelon O’Shea reported that she and Ella Preiser will meet with Planning Board members Fran McLaughlin and Blanche Alter on July 22 to put some finishing touches on proposed legislation that would help preserve historic landmarks/properties throughout Greenburgh. A member of the Westchester County Planning Department has reviewed the draft and provided input. Councilman Steve Bass told CGCA members that he has been informed that the Planning Department is continuing to work on increasing the size of a sample survey to determine the impact his proposed floor area ratio (FAR) “McMansion” legislation would have on existing neighborhoods.
“ROAD
SHOW” TOWN BOARD MEETINGS TO CONTINUE
TOWN BOARD PROPOSES ADDITIONAL REQUIREMENTS FOR PUBLIC SPEAKERS
Copies were distributed of the June 24 letter the CGCA sent to the Town Board seeking an end to “road show” regular Town Board meetings. Copies of articles and letters to the editor about this subject that appeared in The Journal News and The Scarsdale Inquirer were also distributed. CGCA members noted that in his comments to the reporters and subsequent letters to the editor, Mr. Feiner failed to address the CGCA’s request to separate regular Town Board meetings from community outreach meetings. The CGCA encourages the Town Board to reach out to the community. It appears obvious the board members do not wish to attend any extra meetings. CGCA members also noted the irony in Mr. Feiner’s stated desire to “encourage people who never attend town board sessions to participate in government” but his disdain for those who do attend and participate whom he labels as “chronic complainers.” Mr. Feiner also claimed that “road show” meetings were the impetus for addressing numerous problems – security and non-working bathrooms at Travis Hill, flood control at Babbitt Court, hiring code enforcers, acquiring open space and even adopting a comprehensive plan. In fact, all of these subjects previously were brought to the attention of the Town Board at meetings held at Town Hall or in writing.
CGCA members also expressed concern about the Town Board’s decision to eliminate and or severely limit the “Open Discussion” portion of board meetings. Members of the public were prohibited from speaking at the May 22 and June 26 meetings, and only two residents were allowed to speak for three minutes each at the June 12 meeting. The agenda for the July 17 meeting notes that residents will be allowed three minutes to speak during a 30-minute period at the beginning of the meeting, but only if they sign up in advance of the meeting. CGCA members noted the disconnect between this latest policy and Mr. Feiner’s newspaper invitation “to attend our meetings and speak out.”
NEW ARB MEMBER ADDRESSES THE TOWN BOARD
Ella Preiser reported that she continues to be troubled that the newest Antenna Review Board (ARB) member, Murray Bodin, does not understand the role of the ARB. At the July 8 ARB meeting, Mr. Bodin suggested the ARB was merely “spell-checking a document” and that the law was “a guide, not to be taken literally.” He also was upset that the ARB did not discuss his proposed amendments to the law but he did not provide copies of the amendments to the other members as he previously promised.
Mr. Bodin, who appears to enjoy the support of Supervisor Feiner, appeared on the July 9 work session agenda even though the Town Board previously promised the ARB members they would receive advance notice of ARB-related work session agenda items. CGCA members were informed that at the work session Mr. Bodin repeatedly stated that the ARB members were “dissing” him. He claimed they called him a racist, won't work with him and would shoot down any proposal he made. When Council members Eddie Mae Barnes and Steve Bass said that was not what they heard, Mr. Bodin replied, “That’s effectively what they said.” He accused Ms. Barnes of schmoozing with ARB members after last night’s meeting and stated, “I’m not going to work with them.” He repeated again that the ARB was “dissing” him and wouldn’t even put him on the agenda to discuss his proposed changes to the antenna law. Supervisor Feiner responded, “This is no different than the CGCA saying there are differences between final and tentative agendas.” Francis Sheehan went out to the bulletin board in the hallway and brought in a copy of the public notice, which Ms. Barnes read. The notice included a discussion period for the proposed changes. Mr. Bodin put his head on the table, stretched out his arms and said, “I missed it. I made a mistake. It should have been a second paragraph. I read it again before this meeting. I missed it again.” Town Board members urged Mr. Bodin to work with the ARB members.
CABLE ADVISORY BOARD CALLS FOR INDEPENDENT POLICY-MAKING BOARD
Copies were distributed of the June 21 letter that the CGCA sent to the Cable Advisory Board (CAB) reiterating support for a truly independent, not-for-profit Cable Access Television Board in Greenburgh. CAB Chair Del Hillgartner distributed the letter at what was supposed to be a joint CAB-Town Board meeting on June 27. Ella Preiser, Hal Samis and Francis Sheehan attended the meeting and told CGCA members that little was accomplished since only Supervisor Paul Feiner and Councilman Steve Bass attended. A second joint meeting has been scheduled for July 23 at 8:30 p.m. at Town Hall.
At the June 27 meeting, Mr. Feiner tried to blame Mr. Bass for failing to inform the Town Board that the lack of a studio was a problem. Mr. Feiner made a number of suggestions for a studio – a basement on Central Avenue near Barnes and Noble, a restaurant or a trailer. He promised to have a lease in place by August 1. The CAB members also discussed the need for a different management structure – i.e., an independent policy-making board to oversee Greenburgh cable access television. Mr. Feiner stated he was willing to support an independent board, but only if the Town Board appointed the board members and determined the budget for the board.
Hal Samis told CGCA members that he wrote to Mr. Feiner on July 3 and provided information on a number of nearby vacant spaces that could be rented for a cable studio. Mrs. Preiser reported that Alfreda Williams told the Town Board at today’s work session that she is working on renting a space for a studio that can also be used for storage. It is rumored that space is across the street at 297 Knollwood Road. CGCA members suggested that the Town investigate whether the HVAC system will operate on evenings and weekends.
MISCELLANEOUS
Croton Aqueduct Water Filtration Plant. Alice Moroney reported that the FEIS has been issued for the proposed filtration plant for the Croton Aqueduct water system. A final site for the plant has not been selected. The FEIS examines two sites – one at Eastview in Mount Pleasant and the other in the University Heights section of the Bronx.
Filming at the SCI Building, Hillside Avenue. Cleo Oliver reported that she stopped to question the occupants of a large trailer truck with a “Fifth Street Productions” sign that was parked at the SCI building. She was told they were filming a commercial.
Fulton Park to Receive Promised Trees. Irene Zuck reported that she met with the Town Engineer who assured her that 100 trees would be planted in the Fulton Park neighborhood. The trees were promised as part of the DOT Route I-287, Exit 5 repairs.
Union Baptist Church – Manhattan Avenue. At the July 9 work session, representatives from the church informed the Town Board about legal issues on three parcels of land owned by the church that must be resolved before plans for expansion are presented. These legal matters include a reverter clause in the original deed issued under Urban Renewal, a second deed that was never filed, and a paper street.
Midway Shopping Center – Central Avenue. Madelon O’Shea reported that the owners have presented new plans for expanding the shopping center. They claim they won’t require any variances as they have judges’ decisions from 1979 stating that they don’t need additional parking. Apparently the owners are threatening to use 62,000 square feet of basement space if the Town does not permit them to build 23,000 square feet of new space. A community meeting has been scheduled for July 24.
Home Depot – Town of Mount Pleasant. Alice Moroney reported that Home Depot plans to make another presentation to the Mount Pleasant Planning Board on August 1. At a hearing earlier this year, the company offered to reduce the size of the proposed store from 132,000 to 116,000 square feet. The Mount Pleasant Planning Board asked the company to consider a further reduction in the size of the proposed store.
Variances Sought for Cellular Antennas– Central Avenue. At a special meeting of the ZBA on July 25, Beechmont Investment Co. (on behalf of AT&T) will seek numerous variances and a special permit to add more antennas to an existing monopole at 313 Central Avenue. The community needs to decide whether to allow more antennas on the existing pole or to permit another monopole in the area. CGCA members noted that this is likely the ugliest monopole in town, installed prior to the development of camouflage design. The hearing may be adjourned since the ZBA has not yet received responses to its request for a technical consultant.
White Plains Dodge Seeks to Expand Dealership. Madelon O’Shea reported that on July 18, the ZBA public hearing will continue on the application of White Plains Dodge, Tarrytown Road, to expand its dealership to property on Yellowstone Avenue. The company is seeking a Special Permit to store, service, wash, repair, and sell vehicles and auto parts and accessories. CGCA members raised a number of questions, particularly about where unloading of vehicles would take place and traffic impacts. Alice Moroney noted that the parts department would increase traffic as the parts are delivered to the dealership and then to area service stations. CGCA members will voice our concerns at the hearing
Route I-287 repairs to begin. CGCA members noted that traffic congestion in Greenburgh is bound to get worse in the months ahead as the DOT repairs or replaces a number of on-ramps, off-ramps and bridges along the I-287 corridor. Bridge replacements will occur at Route 9A, Winthrop Avenue, Knollwood Road and Manhattan Avenue. Danny Gold told CGCA members that when he asked DOT workers about painting the water pipe on Taxter Road that goes over the Thruway, he was told that they would be replacing the bridge.
Re-drawn Election District Lines May Disenfranchise Voters. Lorrin Brown and Mary Tobias reported that there have been major changes in election districts #29 and #68 in their area. Previously these two districts had approximately the same number of voters. Under the new lines, district #29 has 267 voters and district #68 has 1104 voters. Concerns were expressed that this change may result in some voters being disenfranchised. CGCA members were urged to carefully check the polling place notification cards that the Board of Elections sends prior to Election Day.