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COUNCIL OF GREENBURGH CIVIC ASSOCIATIONS

Minutes of Meeting – July 17, 2001

The Council of Greenburgh Civic Associations seeks to provide information to and advance the common interests of member civic groups in important Town affairs. The following civic groups have paid dues for the year 2001:

Ardsley Estates Civic Association
Beaver Hill Association
Broadview Civic Association
East Hartsdale Avenue Civic Association
East Irvington Civic Association
Edgemont Community Council, Inc.
Fort Hill Association
Fulton Park Civic Association
Granada Condominium III Association
Hillcrest Park-Ardsley Civic Association
Homestead Owners Corp.
Juniper Hill Civic Association
Knollwood Manor Civic Association

Knollwood Neighborhood Association
Lower Manor Woods Neighborhood Association
Mayfair-Knollwood Civic Association
Parkway Gardens Civic Association
Secor Homes Civic Association, Inc.
Southern Greenville Civic Association
The Cotswold Association, Inc.
The Sprain Road Association
Washington Avenue Civic Association
Westchester Hills Condominium
Woodhill Civic Association

To date, twenty-four civic groups have paid dues for the year 2001 - twenty-three groups have renewed their membership and The Sprain Road Association has joined for the first time. There is $743.70 in the treasury.

Mmutes of the June 19, 2001, meeting were read and approved with minor corrections that will be made prior to distribution.

CGCA members welcomed Jackie Zenon, the new President of Parkway Gardens Civic Association, to her first CGCA meeting.

UPDATE - UNIFICATION CHURCH PROPERTY

Danny Gold reported that negotiations are continuing to purchase (for open space) approximately 200 acres of the property owned by the Unification Church property along Taxter Road. He noted that a developer proposed purchasing the 200 acres, building assisted-living housing on 25 of the acres and donating the remaining acres, but that proposal was rejected. The inter-municipal study - jointly funded by the Town of Greenburgh, the Irvington School District and the Villages of Irvington and Tarrytown is nearing completion and the community continues preparations for a fundraiser at the Westchester Broadway Theater on September 10.

AVALON GREEN II- NOB HILL

Danny Gold reported that Supervisor Feiner sent him a message that the Robert Martin Company (RMC) wanted to meet with the community to discuss the proposal for the Nob Hill site on Taxter Road. [The proposal currently under review would permit a day care center, recreational facilities and 794 units of multi-family housing.] Mr. Gold met with Martin Berger, principal of RMC, who appeared to be unaware that the Draft Open Space Comprehensive Plan recommended this property be acquired for open space or that the Town Board had passed a resolution prohibiting development of the site until the horrendous traffic situation at Route 9A/119 was addressed. RMC continues to state that the proposed project would not create additional traffic on Taxter Road since most of the traffic would go into the Village of Elmsford RMC may be willing to eliminate the proposed day care center from the Proposal. Mr. Berger told Mr. Gold that if the town does not approve the RMC proposal, the company would sue and/or request that the property be annexed to the Village of Elmsford. [The Village of Elmsford annexed the current Nob Hill multi-family site when the Town of Greenburgh refused to allow the development.] Mr. Gold has scheduled a meeting for RMC to present plans to the East Irvington community on July 31.

Mr. Gold reported to CGCA members that he spoke with Vince Ferrandino, the town's consultant reviewing the DEIS for the Avalon II proposal. It is likely the DEIS will be submitted in September. The remaining big issue is traffic. An additional issue is who will serve as planners, reviewing this project for the Town. The firm of Allee King Rosen & Fleming (AKRF), who serve as planners for the Town, cannot review this project since AKRF has worked on other projects for Avalon.

TOWN BOARD TO OFFER CANDIDATES LIMITED CABLE TV ACCESS GCFC RECOMMENDATIONS STILL TABLED

Danny Gold read from an e-mail he received today from Supervisor Feiner. Mr. Feiner has scheduled a meeting for Tuesday, July 24 at 5 p.m. to establish procedures that would permit candidates running for local Greenburgh political offices fair and equal time on public access cable TV prior to the primary and general elections. It was also noted that instead of simply scheduling a meeting, it would have been more courteous if Mr. Feiner had contacted the candidates to establish a mutually agreeable date and time since many people work and may not be able to attend a 5 p.m. meeting. To date, the candidates have not received personal invitations to the meeting.

CGCA members noted that the resolution the Town Board passed two years ago regarding candidates' access to cable TV currently is not being adhered to and the board has made no effort to implement the recommendations the Greenburgh Campaign Finance Commission presented in December 2000.

CGCA TO SPONSOR PRIMARY DEBATE

The CGCA has made arrangements to hold debates on Thursday, August 30, for any candidates involved in a primary election for town offices. The debate(s) would start at 7:30 p.m. and be broadcast live on cable Channel 71. A request has been made that the debate(s) be re-aired several times before the primary election on September 11. Rules for the debate(s) will be adopted at the August 21 CGCA meeting. It is expected that the rules will be the same as those promulgated for the 1999 CGCA debates as the 1999 rules complied with League of Women Voters guidelines and Federal Communications Commission regulations.

Democrats seeking seats on the Town Board have filed three different petitions. One petition contains the names of candidates endorsed by the Democratic Committee - Diana Juettner and Francis Sheehan for four-year terms and Steven Bass to complete the unexpired two-year term. A second petition contains the names of incumbents Diana Juettner and Timmy Weinberg. A third petition contains the names of Michael Lynch for a four-year term and Clifton Abrams for the two-year term. Danny Gold will send letters to all of these candidates about the August 30 CGCA debate.

Whether a debate actually occurs depends on how many candidates are certified by the Board of Elections. General objections have been filed with the Board of Elections regarding the Juettner/Weinberg and Lynch/Abrams petitions. Objections have also been filed regarding the Republican Party petition. CGCA members have not been able to determine whether the Republican Party, Conservative Party or other political parties are planning primary challenges. If there are any other political parties holding primaries, the candidates also will be invited to participate in the CGCA debate.

SUPERVISOR'S LETTER INACCURATE AND INSULTING

CGCA members discussed a letter Supervisor Feiner sent to Madelon O'Shea with a copy to Danny Gold. The letter refers to the June 27 Town Board meeting when Ws. O'Shea, speaking as an individual resident, addressed the board and suggested that the Building Department was remiss in not issuing notices of violations to a business prior to an article appearing May 2 in the local newspaper. In the letter Mr. Feiner accused Mrs. O'Shea of being inaccurate and included copies of notices of violations - all of which were issued after May 8. It was noted that the dates of the violation notices confirm the accuracy of the statements Mrs. O' Shea made.

Mrs. O'Shea was ofended by Mr. Feiner's action in sending a copy of his letter to Danny Gold. She noted that she addressed the board as an individual resident, not as President of the Edgemont Community Council and not as a representative from the CGCA- Thus, any complaints Mr. Feiner had should have been addressed to her, and there was no reason to send a copy of the letter to Mr. Gold. CGCA members agreed that Mr. Feiner's action was insulting and questioned why he deemed it necessary to inform Danny Gold or the CGCA- Danny Gold was asked to send a letter to Mr. Feiner stating that any complaints he may have with individual residents should be taken up with the individual person, not with the CGCA

PROPOSED EAST HARTSDALE REZONING FAST-TRACKED

A July 9 letter addressed to Supervisor Feiner was circulated to most merchants on East Hartsdale Avenue and the following day Mr. Feiner visited the merchants to have them sign the letter. The letter states the merchant is "very much in favor of the proposed rezoning which will allow a fitness center/health spa." The letter addresses only the issue of permitting this particular use and makes no mention about the other proposed uses or the design guidelines being proposed. It appears that the merchants had no knowledge they were supporting the entire 12 pages of code changes. CGCA members found the reference in the letter to "an excellent customer base of women on the street" sexist and insulting.

Deborah Bloom noted that there appears to be support for a health club/gym among residents she has spoken with who live on East Hartsdale Avenue. Stephanie Bellino reported that the proposed tenant is Synergy. None of the CGCA members present at the meeting had objections to a health club, per se. However, questions were raised regarding whether this use would be the key to revitalizing East Hartsdale Avenue as Supervisor Feiner is claiming.

Concerns were expressed about the activities the Town Board has been engaging in to ensure passage of an amendment to the Zoning Ordinance regarding East Hartsdale Avenue. At the Town Board work session on June 26, the board received an outline from AKRF listing the adoption of the East Hartsdale Avenue rezoning as a goal to be completed by the end of the July 31 moratorium. The Planning Board opened a public discussion on the proposed changes on June 20 and has scheduled a continuation of the public discussion for August 1. It appears that Supervisor Feiner has put pressure on Planning Board members to close its public discussion on August l and make its recommendations by August 15. By a 4-1 vote at its June 27 meeting, the Town Board set a Public Hearing for August 22. Councilman Steve Bass voted r=o. Setting a public hearing date before receivin input frorn the Planning Bo?.rd is another case of making up the rules as you go along.

CGCA members have long supported a separate zoning district for the East Hartsdale Avenue business. However, the proposed code as written is a "cut and paste" job from various sections of the Zoning Ordinance and is not specifically tailored to the one block area of 3 7 stores on East Hartsdale Avenue. While certain uses have been singled out as requiring a "Special Permit," no conditions for granting the special permit have been included for anything but the health club. According to the proposal, the Building Inspector would serve as an architectural review board - a position he has publicly declared he does not relish.

The proposal also does not address future parking requirements. If Toy House, Our Place, the bank and cable studio were occupied, parking shortages could result, especially if another restaurant were to locate in the downtown. Double and triple parking have already been observed at Harry's restaurant. Overnight parking permits allow residents to park in the garage between 6 p.m. and 9 a.m. - this would impact businesses that open early and remain open late.

TOWN BOARD'S "CUT & PASTE" PROPOSED STEEP SLOPES AND WETLANDS LEGISLATION NEEDS MAJOR CHANGES

On July 11., 2001, the Planning Board held a Public Discussion on the Town Board's proposed legislation. to protect environmentally sensitive areas. A number of concerns were raised about provisions in the proposed laws. It appears that the wording is a "cut and paste" job from the laws of other municipalities, and no effort has been made to tailor the wording to meet the needs of Greenburgh. In addition to a number of inconsistencies, the laws as written would: give the Planning Board the authority to amend town code - an authority not permitted under state law. Madelon O'Shea suggested that the Planning Board has been asked to rush its review of this proposed legislation for political purposes. Councilwoman Timmy Weinberg found this comment insulting and stormed out of the room.

The Planning Board will continue to discuss this proposed legislation at its July 25 meeting. Since the Planning Board members offered few of their comments during the July 11 discussion, the public asked for the opportunity to listen to and then respond to any comments board members make at the July 25 meeting. It appears that the procedure will be for Planning Board members to discuss the proposed laws for two hours and then give the public about 15 minutes to respond.

CGCA members expressed concern about the town's delay in proposing this legislation and then fasttracking the review of these poorly worded proposals to fit within the time limits of the moratorium. CGCA members agree that legislation is desperately necessary. Danny Gold was asked to write to the Town Board regarding the CGCA's position against (1) swapping wetlands, (2) limiting the proposed laws to sensitive areas more than an acre in size and (3) not first mapping the town's steep slopes and wetlands. A thorough review and revision of the proposed legislation is needed.

MORATORIUM ON DEVELOPMENT TO BE EXTENDED
WAIVERS FROM THE MORATORIUM CONTINUE TO BE HEARD

The 120-day moratorium on granting approvals for certain development that became effective on April 1 will expire at the end of July. During the moratorium period, the Town Board planned to prepare and adopt a Generic Environmental Impact Statement (GEIS), the Draft Open Space Comprehensive Plan and the steep slopes and wetlands legislation. None of these actions are completed and at the Town Board meeting tomorrow night (July 18), the moratorium will be extended for another 60-day period. CGCA members question whether this 60-day period will be adequate since the steep slopes and wetlands legislation will have to be re-written and there must be a public hearing on the GEIS. It was noted that Nannette Bourne from AKRF told the Town Board at its June 26 work session that "it is doable."

To date, the Town Board has held two meetings (June 28 and July 10) and heard requests from ten applicants for variances from the Moratorium Law. The meetings have been held at the Multipurpose Center at Anthony Veteran Park and are quite an experience. The ,acoustics in the room are terrible and it is difficult to hear every time the air-conditioner blower operates. There is only one microphone available for use and it must be passed back and forth among Town Board members, the Town Attorney, applicants and members of the public. The procedures for holding the hearings appear to be made up as we go along. Public notices of ten days were required for the first hearings, but notice of fewer days was required for the second hearing.

AUGUST 8 - SPECIAL MEETING RE FLOODING

The Town Board has scheduled a special meeting for August 8, 2001 to address the issues of flooding in the Route 9A Elmsford area. The meeting will be held outside; at Babbitt Court, a small residential community off Route 9A, just south of Route 119. The Father's Day rain event on June 17, 2001, as well as tropical storm Floyd (September 1999) caused damage to homes in Babbitt Court and to businesses in the Village of Elmsford and area north of Elmsford along Route 9A. Questions were raised about where those wishing to attend the meeting could park since Babbitt Court is a narrow street.

Councilman Steve Bass informed CGCA members that Assemblyman Richard Brodsky will be holding a meeting this Thursday at his office to discuss the flooding issues. Representatives from Senator Hillary Clinton's office, State Senator Nicholas Spano's office, FEMA and the Army Corps of Engineers will attend. CGCA members suggested it is time to stop studying the problem and do something about the flooding, which appears to have grown worse in recent years. It was noted that on Father's Day, flooding also caused damage to at least one home and vehicle in the Poet's Corner area.

PARKWAY GARDENS - VALIMAR ADDS TO TRAFFIC PROBLEMS

Jackie Zenon, President of the Parkway Gardens CA, reported that the chief concerns mentioned last week by the 50 people at her civic association meeting were the increased amount of traffic in the area since Valimar opened and the dangerous intersections. Neighbors have had frequent discussions with Police Chief Kapica about the problems. Requests have been made to put speed humps along North Road and South Road, but they cannot be installed because of the slope of the road. Chief Kapica is willing to consider placing groves in the street (up to three) along both roads.

Concerns were also expressed about the plans to build four homes, on Lincoln Avenue. Trucks hauling fill to the site use North Road or South Road. One Saturday, 14 trucks were counted. And trucks have been observed as early as 5:30 a.m. It is unclear whether a retaining wall has been built yet to protect the homes below on Kensico Road. CGCA members suggested (1) checking to see whether a permit was issued for this fill operation, (2) monitoring the fill operation to prevent the dumping of contaminated fill, such as happened at Leatherstocking Lane, and (3) reporting to the police any construction activity that occurs before 7 a.m. on weekdays or 9 a.m. on Saturdays in violation of the noise ordinance.

TOWN REMAINS SILENT RE TOWN HALL/LIBRARY PLANS
DUE DILIGENCE WAS LACKING IN $7.8 MILLION HANDSHAKE DEAL

Hal Samis reported that he spoke with Gil Grimmett of Landauer and was informed that Landauer has not been doing anything and is not working on a final report regarding the Town Hall/Library. Mr. Samis questioned whether Landauer has been replaced since Supervisor Feiner is planning to form a new advisory committee consisting of engineers, architects and lawyers. It was noted that a couple of weeks ago, the Town Board announced that they had only paid Landauer a total of $2500 although the contract was for up to $20,000.

CGCA members noted that the Town Board continues to maintain secrecy regarding the Town Hall/Library expansion/relocation plans. The public uncovered that the Town Board hired an attorney to negotiate something regarding the Town Hall/Library, but no further information has been provided. Since Secor Homes CA resident Joe Kiell's letter to the editor stating that in his opinion as an architect/ engineer the SCI building could not support the load requirements for a library, Supervisor Feiner has now expressed great concern about this issue. Questions regarding the identity of the partners who own the SCI building have remained unanswered. Questions regarding the lowest appraisal, said to be under $7 million, have gone unanswered. At the meeting at Travis Hill Park on June 27, Town Councilwoman Eddie Mae Barnes stated that she has always favored a referendum giving voters the opportunity to decide whether tax dollars should be spent for a multi million dollar relocated/expanded town hall and library.

NEW SEQRA STEP INVENTED & USED FOR LANDMARK AT EASTVIEW PROPOSAL

At its June 27 meeting, the Town Board instituted a new procedure by passing a resolution accepting the Planning Board's "substantive comments" re the Landmark at Eastview proposal to build 320,000 square feet of laboratory space and a training facility for the professional sports teams owned by Madison Square Garden (MSG). SEQR has no requirements for resolutions regarding receiving comments from other agencies. By passing this resolution, it appears that comments made by the public and other agencies are not substantive!

The applicant has requested that the subdivision application for this proposal be held in abeyance until the town adopts a wetlands law. MSG still wants to own the land on which the training facility will be built but will not know how much land to buy until the law is passed. In addition, the applicant has again amended the requested Zoning Ordinance amendments. The training facility would become a Special Permit Use in the Office Building District rather than a permitted use.

MISCELLANEOUS

Storage of Town Records Moved. At the June 26 Town Board work session, Town Clerk Alfreda Williams informed the board that additional funds would be needed to store town records off site. Nobel Storage has lost its lease in Irvington and will be moving to Stratford, Connecticut while awaiting construction of a new facility in Bedford Hills. Since the payroll department frequently needs to access old records, the Town will rent a small space for payroll records at Westy's on Route 9A.

Is Valimar Seeking a New Access Road? At the Town Board meeting at Travis Hill Park on June 27, residents in the Parkway Homes area expressed concern that a petition was being circulated in the gatedcommunity of Valimar to have the emergency access road to Stone Avenue opened. The Town Board assured residents that the road would remain an emergency access only.

Drive-In Movie - Town Park. Madison Square Garden may foot the bill for the "Drive-In" movie scheduled at 'Town Park on July 21.

Proposed Legislation - Police Benefits. The proposed legislation extending additional benefits to police officers injured on the job overwhelmingly passed in both the Senate and the Assembly in Albany. It is unknown whether Governor Pataki will sign the legislation. At its June 13 board meeting, the Town Board passed a resolution opposing the legislation by a 4-0-1 vote. Steve Bass abstaining from the vote because he just received a copy of the proposed law and wanted the opportunity to obtain more information.

Town Planners Contract Extended to June 30, 2001. At the meeting at Travis Hill Park on June 27, the Town Board passed a resolution extending to June 30, 2001, the contract with the town's planners, Allee King Rosen & Fleming, which expired on December 31, 2000. When asked if this new contract which would expire in a few days meant AKRF soon would be no longer providing services to the Town, the board responded they are negotiating a new contract and are very close.

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