COUNCIL OF GREENBURGH CIVIC ASSOCIATIONS
Minutes of Meeting – August 19, 2003
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 2003 dues from the following civic groups:
Ardsley Estates 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
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.
Juniper Hill Civic Association
Knollwood Manor Civic Association
Knollwood Neighborhood Association
Longview Civic 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
Westchester Hills Condominium
Winding Road Farm Association
Woodhill Civic Association
To date, thirty-nine civic groups have paid dues for the year 2003. A number of civic groups have prepaid dues for the year 2004. There is $1,236.05 in the treasury.
The August 19, 2003 meeting was held at the Theodore D. Young Community Center.
Minutes of the June 17, 2003 CGCA meeting were approved.
CGCA members welcomed Esther Melon, the new President of the North Elmsford Civic Association; Rod O’Shea, Vice President of the Edgemont Association; Marge Gaffney (Benedict Avenue); and Ed Krauss (Central Avenue, Edgemont). "Happy Birthday" greetings were extended to David Kreiness.
GREENBURGH SHOPPING CENTER IMPROVEMENTS QUESTIONED
Bob Reninger questioned a comment in the CGCA July 2003 Update regarding the special permit granted by the ZBA for the Dunkin’ Donuts/Baskin-Robbins at the Greenburgh Shopping Center on Knollwood Road. The Update stated "the shopping center owner agreed to improve the overall appearance of the center." Mr. Reninger noted that the shopping center parking lot needs repaving, but the only conditions mentioned in the ZBA decision deal with lighting and landscaping. Madelon O’Shea mentioned that issues such as the condition of the paving and the illegal overnight parking of trailers were discussed during the hearings on this application.
SUPERVISOR’S ROLE IN EAST
HARTSDALE AVENUE IMPROVEMENTS QUESTIONED
RED TAPE STALLS PORTUGUESE RESTAURANT APPROVAL
Mary Tobias circulated a copy of an article that appeared in the Sunday, August 17, 2003, edition of the Journal News regarding stores along East Hartsdale Avenue. The article mentioned Supervisor Feiner’s "next goal" was "a prominent plaza environment" giving merchants more selling footage in the rear of the stores. Ms. Tobias questioned how a "plaza environment" could be provided behind the stores since this area is used for dumpsters, loading/unloading and parking. CGCA members shared Ms. Tobias’ puzzlement and will follow up on this matter. Ella Preiser also questioned Mr. Feiner’s statement to the newspaper that "our efforts (the Town’s) to revitalize East Hartsdale Avenue continue to make some progress." It is unclear what, if any, role the Town recently has played in the efforts to deal with vacancies on the street.
Stephanie Bellino mentioned that there has been a great deal of positive feedback from the community regarding the proposed Portuguese restaurant, but the Town continues to request the applicant to provide additional information. It appears approval may take several more months. CGCA members noted that a request for a variance to reduce the required number of parking spaces from 40 to 0 was scheduled for a public hearing before the ZBA on August 14, 2003. It was noted that meeting was cancelled because of the blackout. Ms. Bellino commented that the landlords are becoming concerned since the lease was originally signed April 1, 2003.
ZBA MAY "BENCH" FUZZY GARCIA’S SEAT LIMITATION
As reported last month, the ZBA granted Fuzzy Garcia’s request for a variance to reduce the number of parking spaces required for a proposed restaurant from 24 to 17, but made it a condition of the variance approval that "the seating on the premises shall be limited to 20 seats." On August 6, 2003, the Planning Board continued a Public Hearing on Fuzzy Garcia’s request for a special permit to operate a restaurant at the 26 S. Central Avenue site (near E. Hartsdale Avenue). On behalf of the CGCA, Madelon O’Shea asked the Planning Board to consider requiring annual renewal of the permit, enclosed dumpsters, prohibition of southbound lefthand turns and enforcement of the provision that any outside seating be deducted from inside seating. Planning Board member Tom McNamara questioned whether the benches currently at the establishment should be included in the seating count. The Planning Board closed the Public Hearing and has asked the ZBA for clarification of its decision regarding seating limitations.
SUPERVISOR FEINER RETALIATES AGAINST CGCA’S ETHICS CENSURE CALL FEINER SELECTED COMMUNITY LIAISONS TO SERVE AT HIS PLEASURE
Copies were distributed of a front page article by Laurie Sullivan in the August 15, 2003, edition of the Scarsdale Inquirer, entitled "Feiner's’ town liaison concept stirs ire among civic leaders." In the article Mr. Feiner acknowledged he was reacting to the CGCA’s recent resolution to censure him and he stated: "I think the CGCA is a political party, they’re a special interest group, the loyal opposition…. They’re out to help Jim [Lasser]." Mr. Feiner also claims David Kreiness, the acting president of the Edgemont Community Council (ECC), is a "political appointee of the Republican Party working for the Board of Elections." The article also quotes CGCA Chairperson Madelon O’Shea and several other civic leaders who see the concept as a duplication of effort already performed by the civic associations, CGCA and ECC.
CGCA members discussed Supervisor Feiner’s recent announcement about appointing "neighborhood community liaisons." Mrs. O’Shea read from an e-mail written to Mr. Feiner by Mark Baron, a former ECC Vice President, who expressed surprise and felt this concept was insulting, disrespectful, and an end run around civic associations.
Mary Tobias commented that the concept of community liaisons as outlined by Mr. Feiner "reeks of politics." She noted that door-to-door canvassing, phone calls to neighbors, and organizing coffees are activities engaged in by political party district leaders, not civic leaders. She questioned whether Mr. Feiner’s intention was to create a new political party. She mentioned that Mr. Feiner was the only local candidate the Executive Committee of the Democractic Party did not pre-endorse for re-election, and the Democratic Party district leaders only supported him by a 53% vote even though no other Democrat sought the position. The tasks Mr. Feiner had outlined were performed by paid political block watchers in the Bronx, Ed Krauss said.
Cleo Oliver asked Councilman Steve Bass if the Town Council members had discussed Mr. Feiner’s concept of community liaisons. Mr. Bass noted there was no notice or discussion prior to the press release. Ms. Oliver and Elinore Gordon questioned whether Mr. Feiner would find sufficient people who could truly "represent" a neighborhood.
Francis Sheehan suggested Mr. Feiner’s action should be seen as not only insulting to civic leaders and Democratic Party leaders, but also to members of the Town Board. He noted that Mr. Feiner is acting like a Mayor rather than a Supervisor who has only one of five votes in running the Town. As examples, Mr. Sheehan pointed out the "after meetings meetings" which are "Supervisor Feiner meetings," and the Town’s website, which emphasizes Paul Feiner, not the Town of Greenburgh. Mr. Sheehan questioned the objectiveness of "self-appointed, Feiner-anointed" community liaisons. He noted the liaisons will quickly learn that Mr. Feiner will ignore their output if he doesn’t like it, just as he ignored the output of the Greenburgh Campaign Finance Commission, the Cable Advisory Board, and the CGCA.
Mr. Bass mentioned that the newspaper article said people would be trained to assume leadership positions, learn about government and the intricacies of the Town and speak out at meetings of the town’s various boards. David Kreiness noted Mr. Feiner’s email message and the Town Board agenda announcement read differently from Mr. Feiner’s quotes to the reporter about the function of his proposed neighborhood liaisons. Mr. Kreiness noted that Greenburgh civic groups are nonpartisan and have bylaws that would not permit official civic group appointment of a person to serve at the pleasure of a politician.
Stephanie Bellino noted the CGCA for years has fought for all residents, including those in inactive civic groups in Town, and worked as a team for what is best for the Town. She questioned the likelihood that Mr. Feiner could train these liaisons regarding zoning and planning issues. Deborah Bloom suggested Mr. Feiner should take advantage of the tremendous expertise within the CGCA. Ella Preiser agreed that it appeared Mr. Feiner was starting a new "Feiner" political party but said she would welcome the company of any new residents who wish to speak out at board meetings.
CGCA members questioned whether to address this issue with a formal resolution and a press release. Some members expressed the view that if Mr. Feiner is not confronted with opposition, he will interpret the silence as a sign of weakness or support. Other representatives agreed with Alice Moroney that perhaps we were giving this subject more attention than it deserved. The majority of those present recommended that the CGCA delay deciding whether to take a formal stand on the issue. However, individual representatives were encouraged to speak their minds on this subject at the Town Board meeting tomorrow (8/20/03) night.
CGCA DISCUSSES ZONING CODE ENFORCEMENT ISSUES
Madelon O’Shea reported that residents in Edgemont have expressed concern about the lack of enforcement regarding the issue of outdoor dining at restaurants along Central Avenue. She noted that she heard from a resident that one establishment has placed tables and chairs in the parking lot of a shopping center, taking up two parking spaces. Mrs. O’Shea noted that the Zoning Ordinance does permit outdoor dining on a terrace or porch, provided there is no increase in the total seating capacity. If tables and chairs are placed outdoors, an equal number of tables and chairs needs to be removed from the inside. She also mentioned that the Building Department advises anyone complaining about a Zoning Ordinance violation to put the complaint in writing. It was noted that the Building Department chose to enforce only half of the conditions imposed when the Planning Board granted a special permit for another restaurant on Central Avenue.
Esther Melon advised CGCA members that she found a case study (from Schnectady, New York) where a resident sued the municipality and won $150,000 because the municipality was picking and choosing which laws to enforce. Ms. Melon said that a while ago she had enough proof and was prepared to sue the Town of Greenburgh because it was not enforcing the Zoning Ordinance regarding roomers and boarders in her North Elmsford neighborhood. The Building Department then informed her it was going to inspect every house on the block. Ms. Melon told the inspectors she would let them in but would videotape them. It was noted that a North Elmsford resident has a pending application before the ZBA for a special permit for roomers/boarders. Ms. Melon had organized the community and earlier this year the ZBA turned down another neighbor’s request for a special permit for roomers/boarders. Ms. Melon also appeared at a Town Board meeting in March of this year and questioned why Mr. Feiner had not mailed a letter to residents concerning roomers/boarder and other Town laws, as Mr. Feiner had promised to do months earlier. The letter from the Building Inspector was mailed the following week.
UNANSWERED QUESTIONS RE: TAXTER RIDGE/TPL
Danny Gold stated that it would be a tragedy from the community’s standpoint if the pending lawsuits against the Town result in jeopardizing the purchase of Taxter Ridge for open space. He noted the funding from Westchester County and New York State will disappear if the deal to purchase the property is not closed by yearend. He emphasized that the cost to the average unincorporated Greenburgh homeowner is less than $9 per year. Elinore Gordon agreed with Mr. Gold that buying green space was a positive action and the cost to taxpayers for services would be greater if the land were developed. Mr. Gold expressed concern that the issues being raised are political.
Ed Krauss said there were legitimate questions about the costs to taxpayers of purchasing and maintaining/developing the property. Several people mentioned the Town’s reluctance to provide answers. In response to questions about the role of the Trust for Public Land (TPL), Mr. Gold noted that TPL is a non-profit group that contracts with owners to purchase property on behalf of municipalities, giving municipalities time to arrange funding. When asked how much TPL would be paid, Mr. Gold said the answer is not public information but TPL’s fee is included in the $10.9 million contract price. He noted TPL was doing searches, lien surveys, etc. in preparation for the closing. He said that the original asking price was $12 million for the 199 acres and in January the price was lowered to $10.9 million after Supervisor Feiner questioned the value. Deborah Bloom, Hal Samis and Carol Wielk provided interesting information about how non-profit organizations operate.
Francis Sheehan questioned why recent newspaper articles refer to 183 acres instead of 199 acres. Mr. Gold noted that 16 of the acres are within the Village of Tarrytown. He indicated that Tarrytown would not be paying for the 16 acres but all of this will be resolved at the closing. Mr. Sheehan questioned if the 15+ acres along Taxter Road that the Unification Church gave (for $1.) to the Town was part of the deal. Mr. Gold said the 15+ acres were not part of the 199 acres but that he had not been informed about the tax certiorari settlement with the church. Several people asked why the Town will not tax the Villages for the purchase. Mr. Gold said that issue would be resolved by the lawsuit. Marge Gaffney questioned why the issue can not be resolved by means other than a lawsuit.
Mary Tobias reminded that the majority of members present at a prior CGCA meeting voted to support the Town’s purchase of the Taxter Ridge property. Ella Preiser noted that she continues to strongly support the purchase of the property, but is troubled by the Town’s conflicting policies that result in taxing only unincorporated Greenburgh property owners for parkland that is accessible to all residents (including those who live in the six villages) while at the same time spreading the tax consequences townwide (including the villages) to settle the lawsuit with the paralyzed survivor whose husband died after their car was crushed by a decayed tree that fell on Central Avenue in 1998.
Rod O’Shea suggested there are many unanswered questions and it would be helpful if Mr. Gold and TPL met with Edgemont residents to provide answers. Mr. Gold indicated he would be happy to schedule a meeting in early September. Representatives from other communities would be invited to attend the meeting.
A LOSS TO ALL
GREENBURGH COMPTROLLER NORAH MCAVOY RESIGNS
CGCA members discussed the announcement that Norah McAvoy will resign as Greenburgh Comptroller effective September 12, 2003. It was noted that Ms. McAvoy has accepted a position as Treasurer in the Harrison School District. CGCA members unanimously voiced the opinion that the resignation would be a major loss to the Town and discussed ways of honoring Ms. McAvoy. Chairperson Madelon O’Shea was asked to express, at tomorrow’s (8/20/03) Town Board meeting, the CGCA’s gratitude for all of Ms. McAvoy’s efforts in providing information and explaining Town finances to the CGCA over the years.
On a related matter, Ella Preiser mentioned that at today’s (8/19/03) Town Board work session, the Town’s financial consultant, Nick DeSantis of BKSD & Co., stressed the importance of hiring a replacement that has experience in municipal government. He also distributed/discussed a report regarding the Town’s financial status for 2002. He noted the Town again received a certificate of excellence in financial reporting and was in better shape financially than it was the year before.
YONKERS DEVELOPMENT MAY IMPACT GREENBURGH, AGAIN
David Kreiness informed CGCA members about a huge mixed-use development proposed for the City of Yonkers. The 81+ acre site lies just south of the Greenburgh border – between Jackson Avenue, Tuckahoe Road, the New York State Thruway, and the Sprain Brook Parkway. Forest City Ratner Companies seek amendments to the Yonkers Zoning Ordinance, site plan approval and related permits to construct 1.3 million square feet of retail space including shopping, dining and entertainment; a 350-room hotel and 40,000 square foot conference center; up to 800 residential units; and approximately 150,000 square feet of office and research facilities. Access to the site would be provided from Exit 6A of the Thruway and a new connector to the Sprain Brook Parkway exit near Tuckahoe Road. The applicant is proposing a number of improvements to Thruway Exit 6A. Traffic reports indicate 16,000 vehicles will enter/exit the development each day. Mr. Kreiness expressed concern that this traffic would have tremendous negative implications for Greenburgh residents. He noted that Greenburgh Planning Commissioner Mark Stellato has been in touch with the City of Yonkers and has provided comments/concerns regarding the Draft Scoping Document.
CGCA members discussed the issue. Hal Samis questioned the size of the development in relation to other developments – e.g., Cross County Shopping Center. [The day after the meeting, Mr. Samis provided the following figures regarding gross leasable square footage at other sites: Cross County – 1.19 million; The Westchester – 829,000; the Galleria – 885,000; Woodbury Commons – 841,000.]
COUNCILWOMAN BARNES CATCHES SNUB
OF TOWN COUNCIL MEMBERS
NEW TOWN HALL TELEPHONE CONTRACT AWARDED
Ella Preiser reported that at today’s work session, Alfreda Williams circulated a draft copy of the latest guide to programs, activities and services and asked for comments. On the front cover of the guide is an invitation to a reception at 177 Hillside Avenue to celebrate its opening as the new Town Hall. Councilwoman Eddie Mae Barnes questioned why the invitation listed only Supervisor Feiner’s name. Ms. Williams indicated the format was approved by the Supervisor. After some discussion, it was agreed the invitation should not list just Mr. Feiner’s name.
Hal Samis commented that the Town Board approved borrowing $1 million to renovate 177 Hillside Avenue as a new Town Hall but to date has approved spending only a fraction of the total amount. He questioned if there had been any other approved expenses. Bob Reninger noted that at the work session on August 5, 2003, the Town Board opened a special meeting and approved a professional service contract, not to exceed $49,000, to expand and re-program the telephone system left by the One Beacon Insurance Company. Al Regula told the Town Board the contractor was familiar with the building and had installed the original system in the building. Mr. Regula stated it was proper to offer this contract rather than going out to bid.
"ROAD SHOWS" IGNORE WEST
NILE VIRUS HEALTH HAZARDS
OPPOSITION GROWS TO SUPERVISOR FEINER’S PUBLIC HEALTH RISK
Ella Preiser reported that at today’s (8/19/03) Town Board work session, Councilwoman Eddie Mae Barnes questioned whether it was wise to hold tomorrow’s Town Board meeting outside [because of local evidence of West Nile Virus]. Supervisor Feiner would not back down and insisted the meeting will be held outside because, according to him, "more people attend outdoor meetings" and he doesn’t "want to hear from the same people." Previously Mr. Feiner had said the reason was because he couldn’t depend on the Town Council members showing up at a neighborhood meeting unless it was an official Town Board meeting that they were required to attend. Councilman Steve Bass informed CGCA members that it is unlikely Mr. Feiner will change his mind unless the Department of Health advises that meetings should be held inside. Mr. Bass noted that when the CGCA raised the issue of outdoor meetings last summer, most Town Board members sided with Mr. Feiner. CGCA members noted that one of those members – Ms. Barnes – apparently has changed her mind.
Mrs. Preiser told CGCA members that the videotaped record clearly demonstrates that Mr. Feiner is wrong. She noted that very few persons attend outdoor meetings who have not also attended board meetings at Town Hall, and it is usually only the same handful of people who speak at meetings, regardless of where the meeting is held. Francis Sheehan noted there is no live cable television coverage or "Dial Democracy" at outdoor meetings so fewer residents actually "participate" at an outdoor meeting. Mrs. Preiser questioned Mr. Feiner’s concern for the health, safety and welfare of residents considering the dangers posed by West Nile Virus. She noted Mr. Feiner has insisted on holding meetings outdoors regardless of temperature, precipitation, ozone alerts, insects, or even when there is a lack of sufficient parking, seating, water fountains, restrooms or other creature comforts. She agreed with Bob Reninger that many of the "road show" meetings may not comply with provisions of the Americans with Disabilities Act.
CGCA members questioned whether it would be helpful if the CGCA wrote a letter to the Department of Health. Bob Reninger said that he had contacted the Westchester County Department of Health about the outdoor meetings. The Director of Health Education and Information advised him in writing that the Department of Health has no control and does not attempt to influence Town policies but does recommend that people attending the meetings take personal protective measures against mosquitoes. Mrs. Preiser noted that while Mr. Feiner eagerly tells residents that there is no reason to restrict outdoor events, he neglects to inform them of measures the Department of Health recommends they should consider taking to protect against mosquitoes. The first recommendation is to avoid unnecessary outdoor activities at dusk when mosquitoes are active. Outdoor meetings at dusk are unnecessary since taxpayers pay for a Town Hall, and numerous other buildings throughout Greenburgh, where meetings could be held indoors.
INCUMBENT CANDIDATES CONTINUE CONTROL OF PUBLIC ACCESS CHANNELS TOWN BOARD FAILS TO ADDRESS ACCESS EQUITY/SCHEDULING ISSUES
It was noted that without an active cable board, the Town Board (including the three incumbents running for re-election) and the Town Clerk (also running for re-election) have control of public access cable television during this election season. Francis Sheehan raised a question about whether Supervisor Feiner’s "after meeting meetings" violate the rules recommended by the Cable Advisory Board and adopted by the Town Board.
Mr. Sheehan was asked if he had filed a FOIL request to obtain the decision allegedly rendered by the Public Service Commission that capital equipment funds could be used for monthly rent payments. He responded that Alfreda Williams told him there was no document, that the PSC offered the opinion during a telephone conversation.
Ella Preiser mentioned that she was out of town on July 16 and looked forward to seeing the Town Board meeting, held at Babbitt Court, air on cable television. She noted that during the first airing, a local power outage prevented her from seeing the beginning of the meeting and when power was restored, the broadcast of the meeting ended abruptly half way through the meeting. She noted only the second half of the meeting aired on subsequent days. Mrs. Preiser commented that audio quality of the tapes was poor but the tapes vividly showed people frequently swatting at insects during the meeting.
On a related matter, CGCA members were reminded that the public hearing to consider renewal of the Town’s franchise agreement with Cablevision will be continued at the Town Board meeting on September 24, 2003.
MISCELLANEOUS
Hearing Postponed on Resubdivison Definition. Ella Preiser reported that at today’s (8/19/03) work session, the Town Board agreed to postpone the Public Hearing on amending the definition of "resubdivision" in the Town’s Subdivision regulations. A continuation of the hearing had been scheduled for tomorrow’s (8/20/03) Town Board meeting. On August 6, 2003, the Planning Board discussed the proposed changes to the definition and voted not to recommend the changes as written. Mrs. Preiser told CGCA members she was pleased the Town Board listened to the Planning Board this time. She noted the Town Board ignored Planning Board comments regarding the McMansion legislation adopted in June 2003.
WestHELP Pays Rent. Alice Moroney reported that WestHELP, the homeless shelter off Knollwood Road near Westchester Community College, has made rent payments to the Town of $1,950,947.97 for the period from September 19, 2001 to August 30, 2003. In response to questions, Ms. Moroney stated that no final decision has been made regarding how the funds earmarked to benefit the Mayfair-Knollwood Civic Association area will be spent, but that the idea of offering SAT preparation courses for junior and senior high school students has been discussed.
Health Center Explores Alternatives. Bob Reninger reported that rumors are circulating that the Greenburgh Health Center is exploring additional alternatives for relocating its operation, currently located at 330 Tarrytown Road. It appears the building on Tarrytown Road that formerly housed County Limousine is being considered. Earlier this year the Health Center purchased the Cooke’s Florist property on Knollwood Road and proposed constructing a clinic and administrative building on the site.
More Trees Planned at Montaage Furniture Site. Ella Preiser reported that at the Planning Board meeting on August 6, 2003, Planning Board Chair Fran McLaughlin mentioned that neighbors in the Central Avenue, North Washington Avenue area asked that the hearing be re-opened regarding the new Montaage furniture store and conditions for a greater buffer be imposed. Planning Commissioner Mark Stellato asked the owners to provide more landscaping. He told Planning Board members he received a letter that day indicating the owners would plant additional spruce trees that are 8-10 feet high.
Croton Water Filtration Plant Site Undecided. Alice Moroney reported that a final decision has not yet been made regarding where to construct the filtration plant for the Croton Reservior System. It was noted that Governor Pataki has signed a bill the state legislature passed that would permit the construction to take place in Van Cortlandt Park in the Bronx. The Bronx site is the preferred site but neighborhood opposition to the site continues. The New York City Department of Environmental Protection is also considering a site in Mount Pleasant that it already owns.
ZBA Meeting Cancelled. The ZBA meeting scheduled for August 14, 2003 was cancelled due to the multi-state, multi-nation eastcoast blackout. The meeting may be rescheduled for September 11, 2003. However, a final decision has not been made.