The Council of Greenburgh Civic Associations seeks to provide information to and advance the common interests of member civic groups in important Town affairs. CGCA Treasurer Mary Tobias has received year 2004 dues from the following civic groups:

Ardsley Estates Civic Association
Ardsley – Hillcrest Park Civic Association
Babbitt Court Civic Association
Beaver Hill Association
Birchwood Civic Association
Broadview Civic Association
Chatterton Parkway Civic Association
East Irvington Civic Association
Edgebrook Cooperative, Inc.
Fort Hill 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 Civic Association
Longview Association
Lower Manor Woods Neighborhood Association
Mayfair-Knollwood Civic Association
North Elmsford Civic Association
Northern Greenville 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 Edgemont Association
The Sprain Road Association
Westchester Hills Condominium
Winding Road Farm Association
Woodhill Civic Association
Woodlands-Bradley Civic Association

To date, thirty-seven civic groups have paid dues for the year 2004 and several groups have prepaid dues for the year 2005. There is $1370.97 in the treasury.

The August 17, 2004 meeting was held at the Theodore D. Young Community Center. CGCA representatives voted to approve the minutes of the CGCA meeting held on June 15, 2004, and accept the July 2004 CGCA update.

CGCA representatives welcomed Madeline Saporito, a resident of The Colony at Hartsdale, to her first CGCA meeting. "Happy Birthday" greetings were extended to Danny Gold and David Kreiness.

Madelon O’Shea reported that she is making arrangements for the special joint meeting between the CGCA and the Library Board, scheduled for Thursday, October 14, 2004. The CGCA will send a separate mailing to inform civic leaders of the meeting. Ms. O’Shea mentioned that the updated (revised in June 2004) report prepared by Nolan Lushington Associates is available. The report "delineates the equipment, furniture and space necessary to support library services for the 20-year planning period" and recommends a total library area of 45,970 square feet. Danny Gold noted that the Library Board is soliciting feedback on the report but without figures to assess cost and function, feedback may not be well-reasoned. The report has been presented to the Library’s architect. The Library Board expects to have architectural drawings and proposed cost figures by the end of September 2004.

Bob Reninger said that knowing how much land is available to the Library is important since building up or building out have different costs. He noted approximately eight weeks ago he and several of his neighbors spoke with land surveyors who said they were working for the Town of Greenburgh surveying the old Town Hall/Library site. Two weeks ago Mr. Reninger filed a Freedom of Information Law (FOIL) request to see the survey. He has been told verbally that no recent survey exists. The Town does have a survey of the property done in 1954 prior to any buildings on the site. Since Mr. Reninger has not received a formal response to his FOIL request, he filed an appeal. He said Town Clerk Alfreda Williams told him she would schedule a FOIL appeal hearing before the Town Board.

Madelon O’Shea reported that during the last month she and David Kreiness have visited the rear of numerous shopping centers while driving home after meetings at Town Hall and have accumulated a list of trailers illegally parked overnight. On behalf of the CGCA and the ECC, they will present the list to Town staff. She noted two trailers are clearly marked "For Storage Only" – one behind Pathmark on Central Avenue and one behind A&P on Knollwood Road in the Greenburgh Shopping Center.

Bob Reninger reported that the Town apparently is beginning to enforce Zoning Ordinance conditions regarding trailers. He noted that at today’s Town Board work session it was announced that the public hearing scheduled for tomorrow’s (8/18/04) Town Board meeting on the Dunkin’ Donuts application for a drive-up window would be postponed because of trailer violations in the Greenburgh Shopping Center. The hearing will be rescheduled to September 22, 2004.

Danny Gold reported that another of his neighbors in East Irvington has sent an email to Supervisor Paul Feiner complaining that homeowners are being forced to spend thousands of dollars for surveyors for minor improvements to their properties as a result of the "steep slopes" law. At the CGCA meeting on April 20, 2004, Mr. Gold reported that in response to a similar email from an East Irvington resident, Mr. Feiner forwarded the email to Town Board members, Building Inspector John Lucido and Planning Commissioner Mark Stellato suggesting the law be revised. CGCA representatives said they have not heard of any changes being proposed to the law.

Earlier this year, Philip Reynolds, an Edgemont resident who was involved with water management for the United Nations for many years, offered to be the CGCA’s representative to a Westchester County committee working on how to clean and keep clean the Bronx River of garbage and weeds. Madelon O’Shea said that she has received information from Mr. Reynolds detailing several meetings, a walk-through and some clean-up efforts. David Kreiness noted that in a recent newspaper article someone suggested placing plastic screening, such as that used at construction sites, at certain places to prevent debris from flowing downstream and to make it easier to remove garbage from limited areas rather than the entire length of the river. Elinore Gordon mentioned that people frequently dump things in the storm sewers, and the items ultimately end up in the river.

Madelon O’Shea asked Bill Greenawalt whether Westchester County had submitted comments regarding the DEIS for the Yonker’s proposed Ridge Hill development. She noted there is insufficient recreational area for the proposed 800 residential units and suggested the county’s Sprain Ridge Park will be flooded with animals and people. Mr. Greenawalt said that he had spoken with staff of Westchester County’s Parks Department and Planning Department about this issue. He noted the county Planning Department has prepared a multi-page letter that includes mention of the impact of wildlife displacement on the county park. The letter recommends a 200-foot buffer between the Ridge Hill development and the Sprain Ridge Park. The letter also points out that the proposed development would create the largest retail shopping center in the county and is not in accord with the county’s long-range planning document: "Patterns for Westchester." The letter urges a smaller development with more residential and less commercial use. David Kreiness said it would be helpful if the Town’s Ridge Hill Committee that he co-chairs obtained a copy of the county’s letter.

Madelon O’Shea noted that the "Bernstein" amendments to Chapter 260 (Trees) of the Town Code were adopted at the special meeting of the Town Board on August 3, 2004. These amendments were recommended by Greenridge Association President Bob Bernstein and would prohibit (1) any site disturbance until a tree permit is granted or denied and the appeal process is completed, and (2) issuance of any building, demolition, or other permits until any violations of the tree law are cured.

A public hearing has been scheduled for tomorrow’s (8/18/04) Town Board meeting on amendments to the Tree law that were recommended by the Conservation Advisory Council (CAC). Ella Preiser noted that the Town Board discussed this issue at today’s (8/17/04) work session. At the suggestion of Councilman Steve Bass, the public hearing tomorrow will not be closed but will be adjourned to a future meeting to be held at Town Hall, not the next meeting scheduled for outdoors in Travis Hill Park.

Mrs. Preiser told CGCA representatives that the CAC has recommended that a tree permit be required to remove any tree regardless of size of property, species of tree or even the size of trees under certain circumstances. The current law applies only to trees more than 6-inches in diameter at four feet height and to property owners seeking subdivision, site plan, special permit or variance approval and those with property greater than an acre in size. Under the proposed law, property owners would need a permit to "injure" a tree or do anything "which significantly alters its form." Those seeking a tree permit would be required to notify all neighbors within 500 feet of the perimeter of the property, and neighbors would have the right to appeal a decision to issue a permit. Substantial fines ($200 to $5,000 per tree) and civil penalties ($1,000 each day for every tree) would be imposed for violations of the law. If there is a safety issue, the tree may be removed and a permit applied for after the removal.

CGCA representatives discussed the proposed changes. Several representatives found the proposed amendments overly restrictive and agreed with Elinore Gordon’s comment that the amendments appear to penalize people who have kept their trees. David Kreiness noted definitions must be more explicit and whether a permit should be necessary on a smaller size property should depend on what the owner plans to do – take down one tree or denude the property of all trees. Deborah Bloom noted most people support some limitations. Danny Gold said he notified CAC Chair Theresa Tori that people in his community support the proposed amendments. He noted some language may need to be tightened up but trees are important and they should be protected. Ella Preiser, who has reviewed the proposed amendments, agreed to represent the CGCA and, at the request of David Kreiness, the ECC at the public hearing tomorrow.

Ella Preiser reported that Supervisor Paul Feiner vented his frustration at the Town Board work session today (8/17/04) regarding a new tree permit for 42 Round Hill Road. The owner of the property filed new plans and Mr. Feiner had assured the neighbors they had no reason to worry. However, the Forestry Officer had already mailed letters to neighbors, notifying them a permit for removing certain trees was being issued. The notification arrived the day after Mr. Feiner’s visit. Mr. Feiner was obviously embarrassed at the revelation. DPW Commissioner Al Regula stated that the notification simply begins the process and the neighbors can appeal the issuance of the permit.

Madelon O’Shea told CGCA representatives that emails are flying regarding the second plan which according to a neighbor eliminates the tennis court and causes the removal of fewer trees. Mrs. O’Shea questioned why the Town does not have a Forestry Officer with credentials – such as a licensed arborist. Current Forestry Officer Andy Viviano acknowledges he has no qualifications for the job. It was noted that Supervisor Feiner has sent out an email recommending that the Forestry Officer be a member of the Planning Department, not DPW. At today’s work session, Commissioner Regula reminded that the current Forestry Officer has two responsibilities regarding trees – one involving trees located in town right-of-ways. Mr. Regula stated that function must remain with the DPW.

Ella Preiser reported that at the Town Board work session on August 3, 2004, DPW Commissioner Al Regula said testing services would be hired to establish the type of mold growing on the walls at the lower level of the old Town Hall building. The mold is the result of a water main break that caused toilets to overflow when the break was fixed. Mr. Regula said the Greenburgh Housing Authority said they would consider paying for the remediation work but would expect consideration regarding rent. At the Town Board work session today (8/17/04), Deputy DPW Commissioner Butch Nanna noted that samples of the mold are being analyzed and results should be available in a few days.

Town Clerk Alfreda Williams questioned whether the mold problem would be remediated by September 14, 2004. She noted that is Primary Day and the old Town Hall building serves as the polling place for two Greenburgh Election Districts. Supervisor Feiner suggested that Ms. Williams contact the Library about possible use as a polling place for the primary.

At the Town Board work session on August 3, 2004, Attorney Mark Weingarten and other consultants for Madison Square Garden (MSG) and Cablevision explained the request to operate a helipad at the MSG athletic training facility at the Landmark at Eastview site. The documents presented stated that the landing area is a "permitted accessory use…incidental" to the training facility and would have no adverse impact on the community. Flights would be limited to no more than three a week during daylight hours. Assurances were given that neighboring residents would hear very little noise. Ella Preiser told CGCA representatives that she raised a question at the work session about the proposal and Mr. Weingarten phoned her the next day. She told him she would challenge whether a helipad should be accepted as a "permitted accessory use" in the Office Building and other zoning districts. He indicated MSG would likely seek a code change to make a helipad accessory only to an athletic training facility. CGCA representatives noted that helicopters regularly fly over Greenburgh and are quite noisy. Alice Moroney said that rescue helicopters from the Westchester County Hospital fly over her neighborhood on a regular basis and are very noisy.

In October 2001 the Town Board granted approval for construction of not only the MSG training facility but also 320,000 square feet of office/laboratory space at the Landmark site. The office/lab space has not been built and the site plan approval will expire in October 2004. Attorney Ruth Roth appeared at the Town Board work session on August 10, 2004 and requested extension of the approval for three more years. Planning Commissioner Mark Stellato noted that in the past, extensions have been granted to developers for only one year at a time. It is expected that the Town Board will grant a one-year extension at tomorrow’s (8/18/04) Town Board meeting.

The owners of the Landmark property are also seeking subdivision of the 182-acre parcel into three lots. MSG would purchase the 15.95-acre parcel housing its training facility. A second lot would contain the existing and approved (but not built) office buildings/laboratories on 65 acres. The remaining parcel of mainly undeveloped land would consist of 100 acres. A code change or variance (for ten acres) would be required to subdivide the parcel as proposed because the Zoning Ordinance requires a 75-acre parcel for the "spine" building that connects buildings on either side of Old Saw Mill River Road. The Planning Board has scheduled the subdivision application for a public hearing on September 1, 2004.

Updates were provided on three lawsuits:

Mohawk Country Home School. On June 10, 2004, a state Supreme Court Justice dismissed the lawsuit brought by the property owners of the Mohawk school and day camp on Old Tarrytown Road seeking to reverse and set aside the Town’s Comprehensive Plan because it recommended upzoning the property. The Town Board never voted to upzone the property. The court agreed with the Town that the property owner(s) had suffered no harm because of the recommendation and, therefore, the matter was not "ripe" for judicial review. Ella Preiser noted the Robert Martin Company lawsuit challenging the Town’s Comprehensive Plan has not been decided.

Curry Accura, Central Avenue. The car dealership obtained a variance but did not obtain amended site plan approval. Instead, the firm demanded a building permit and went to court. The judge agreed and ordered the Building Inspector to issue the permit. Building Inspector John Lucido refused to do so because the application did not comply with Town code. The car dealership returned to court and the court found Mr. Lucido in contempt of court. Last week the Town was successful in getting the issue "stayed" so Mr. Lucido will not be going to jail.

Kathwood Road Houses. On July 23, 2004, a state Supreme Court justice ordered the developers (WBRC Corp.) to apply for a demolition permit within 30 days and to begin demolishing within 60 days the five houses in various stages of construction on Kathwood Road, based on a lawsuit filed by Tom Abinanti on behalf of the neighbors. Another judge ordered a halt to construction four years ago in July 2000. It was noted that WBRC Corp. has filed an appeal of the court decision.

Ella Preiser reported that the Town Board is now considering using space on the second floor of Town Hall at 177 Hillside Avenue for civil court and/or a cable studio. Earlier this year the Town Board voted to lease the space to AT&T Credit Union. However, a lease has never been signed.

Town Justice Doris Friedman attended the Town Board work session on August 17, 2004, to discuss possible use of the space on the second floor for civil court. Town Justice Sandra Forster was also invited but had just returned from vacation and could not attend. Judge Friedman said that she would be meeting the next day with Police Chief John Kapica, Chief Court Clerk Cecile Sia and Town Auditor Richard Santorsola to discuss space and scheduling involving a third Town Justice. Judge Friedman noted that additional space would be needed for court officers, a stenographer and computers. She suggested only small claims or civil cases should be considered and recommended against handling vehicle and traffic or criminal cases at 177 Hillside Avenue.

Madeline Saporito, a resident of The Colony at Hartsdale, attended the meeting and explained the noise problems that residents are facing as a result of the addition of the Trader Joe’s store and other changes in the Westchester Square Shopping Center on Central Avenue. She noted an electric transformer that was installed in the rear of the lot near The Colony buzzes and hums all night long. Noise also comes from the air conditioning units on the roof of the stores. She said a chain link fence with slats was installed on the roof but it does nothing to mitigate the noise. Noise buffers have been promised repeatedly but have not been installed. Additional noise also comes from the new compactors behind the stores and delivery trucks arriving at night.

Ms. Saporito said that the store’s temporary Certificate of Occupancy will expire September 13, 2004, and residents of The Colony are concerned that the Building Inspector will issue a permanent certificate before the noise problems have been adequately addressed. She said numerous residents have been attending meetings, making phone calls and sending letters and emails for the last five months. They receive promises the work will be done "in two weeks." She indicated a number of residents plan to attend tomorrow’s (8/18/04) Town Board meeting. CGCA representatives voted to support residents of The Colony in their efforts for a better quality of life. Madelon O’Shea will present the CGCA’s views at tomorrow’s Town Board meeting.

At the ZBA meeting on August 19, 2004, it is expected that the board will vote in support of the Broadview Civic Association’s position that the Greenburgh Health Center is a "Hospital" as that word is defined in the Zoning Ordinance. Therefore, the Health Center would not be a permitted use in the Limited Office Building zoning district on Knollwood Road. Ella Preiser told CGCA representatives that Broadview President Bob Reninger did an excellent job presenting a clear case before the ZBA.

It was noted that the Health Center has petitioned the Town Board to change the definitions of "Hospital" and "Professional Office" in the Zoning Ordinance. Ella Preiser told CGCA representatives that this issue must be looked at very carefully since changes in the definition section of the ordinance could impact all zoning districts. The Planning Board has asked the applicant to provide clearer definitions and requested the Town Board to grant additional time for reviewing changes since the Planning Board will not be meeting during the month of August. The Town Board probably will grant a 30-day extension for the review process at tomorrow’s (8/18/04) Town Board meeting.

Ella Preiser reported that at the work session today (8/17/04), the Town Board toured the rear of the building at 177 Hillside Avenue to discuss reconfiguring space. It appears the Legal Department needs space for a conference room, another space not considered in the initial construction. The suggestion was made to take some of the space set aside for archives records storage to create the conference room. A portion of the lunchroom would be taken for the record storage. The lunchroom is a wall of windows overlooking the pond and it would be necessary to cover the windows to protect the papers from sunlight. Danny Gold questioned why interior space could not be found to store records. CGCA representatives agreed that space utilization at the site is far from ideal and there appears to be a lot of wasted space that taxpayers must heat, cool and maintain.

Lorrin Brown stated that when he returned from vacation he tried to watch the Town Board meeting on Greenburgh’s Channel 76 over the weekend. He noted both the video and audio were terrible and the program ended mid-sentence. Bob Reninger said that Cable Director George Malone says the problems are the fault of Cablevision. Mr. Brown said the problems have existed for too long – and if Cablevision is to blame they should be required to fix the problems and if Mr. Malone is to blame he should be replaced with someone who can fix the problems.

CGCA representatives agreed that the worst problems appear to be in transmission on Channel 76. Councilman Steve Bass said the Town has good equipment. Ella Preiser noted that Francis Sheehan recorded a musical program at Central 7 School with his digital camera and put it on high quality tape but both the video and the audio were awful when the program aired on Greenburgh’s cable channel. Cleo Oliver said she thinks the problem is George or someone is putting the tapes in the decks but no one is checking them out to see what airs.

Ella Preiser noted that today Supervisor Feiner said again that he is considering putting the cable studio temporarily on the second floor of 177 Hillside Avenue either sharing space with civil court or sharing space in the training room. A decision will have to be made sometime soon as the lease on the studio on Knollwood Road will be expiring. Steve Bass told CGCA representatives that the cable studio could be permanently placed downstairs at 177 Hillside in the space currently occupied by the philanthropy office and energy office but Mr. Feiner does not want it there.

Bill Greenawalt stated that he was very upset to learn that Mark Weingarten, an attorney representing several applicants before the Town, hosted a fundraiser for Paul Feiner. Mr. Feiner received more than $32,000 in contributions between March and May of this year and now has a war chest of more than $129,000. CGCA representatives reviewed the names of some of the contributors and questioned the propriety of the Supervisor’s decision to accept contributions from individuals with applications for approval before the Town. Questions were also raised about the legality of political contributions from not-for-profit organizations, such as the Mt. Vernon Health Center and the Greenburgh Health Center.

Ella Preiser read from a letter, dated July 7, 2004, signed by the mayors of the six Villages in Greenburgh. The letter requests Supervisor Paul Feiner to keep his December 2003 promise to abide by the decision of the State Comptroller’s office regarding whether the Villages should be taxed to pay for a negligence lawsuit settlement. Since the Town only carried $4 million insurance, a ten-year bond was necessary to finance the $9 million settlement for a tree that fell on Central Avenue killing a man and seriously injuring his wife. The Town Board decided the Town Entire (including the Villages) should be taxed. The Villages objected to paying the additional tax since the tree was located in the Cotswold Park district, which is not open to Village residents. The State Comptroller’s decision identifies scenarios and states the Town Board has the power to determine who pays. The Village Mayors believe the Comptroller’s decision supports their position. In response to a question, Councilman Steve Bass told CGCA representatives that the Town Board has not yet discussed the issue.

New Issues Identified in Edgemont. Madelon O’Shea reported that the Edgemont Community Council has begun discussing two issues: (1) Midway Shopping Center is coming back with new plans, and (2) a co-op on Underhill Road has cut down a few trees without a permit to put in a driveway.

Church Concerned about Length of Review Process. Ella Preiser reported that at the Town Board work session on August 10, 2004, Supervisor Paul Feiner said he received a letter from the Union Baptist Church asking the Town Board to begin the SEQRA process and declare itself Lead Agency regarding the church’s proposed expansion. Mr. Feiner said church members are upset that the process is taking so long. Town staff members are currently reviewing the church’s revised application and Mr. Feiner promised action on the application by the Town Board meeting on September 8, 2004.

Planning Board to Review Proposed Amendment Regarding Flag Lots. It was noted the Planning Board has scheduled a work session discussion for September 1, 2004, on an amendment that would prohibit future flag lots. Madelon O’Shea noted that Edgemont residents remain convinced that Councilwoman Timmy Weinberg delayed review of this proposed amendment to benefit her friend, Attorney Ruth Roth, who represented the owners of the CastleWalk/Silverstein property. Ella Preiser said that she believes the proposed legislation should be amended to include a specific "grandfather" clause regarding existing flag lots.

Clear, Specific Information Requested. Ella Preiser read a letter that was faxed to her today by Hal Samis. In the letter he said he was troubled by the cover letter accompanying the July 2004 CGCA mailing because it included references to an unnamed Town Board member and contained the statement: "The puzzle fits perfectly if you remember who knows whom." Mr. Samis requested that all CGCA communication provide clear and specific information so that no confusion remains about issues.

Roomers and Boarders Case Going to Court. Lorrin Brown noted that the Town’s Legal Department will be taking a Payne Street area resident to court for illegal roomers and boarders. Cleo Oliver and Elinore Gordon mentioned illegal roomers and boarders at houses in their area.

Historic Board Asked to Meet. Ella Preiser mentioned that Councilwoman Eddie Mae Barnes asked about the "Historic Board" at today’s (8/17/04) work session. It was noted that a seventh member has not been appointed. She felt the six members appointed to the board should start holding meetings. Councilman Steve Bass said that Deputy Planner Thomas Madden will convene a meeting.