COUNCIL OF GREENBURGH CIVIC ASSOCIATIONS
Minutes of Meeting – August 20, 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:
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.
Hillcrest Park-Ardsley Civic Association
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
Thirty-seven (37) civic groups have paid dues for the year 2002 – an all time high. There is $853.75 in the treasury.
The August 20, 2002, CGCA meeting was held at the Theodore D. Young Community Center.
CGCA members welcomed to their first CGCA meeting: Jim Lasser, new President of the Edgemont Community Council, and Lorraine Montalbano, Executive Vice President of the Poet’s Corner CA. “Happy Birthday” greetings were extended to Danny Gold and Bernice Skipwith.
Minutes of the July 16, 2002, CGCA meeting, which had been mailed to CGCA representatives with notice of tonight’s meeting, were approved without any amendments.
CORRESPONDENCE
Madelon O’Shea noted receipt of the following:
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Two copies of a questionnaire from Supervisor Paul Feiner regarding programming at the Theodore D. Young Community Center. Councilman Steve Bass informed CGCA members that the questionnaire was generated because several residents from the Fairview area had expressed concern that insufficient programming was being offered after school and during the summer for young people. Ella Preiser noted that at today’s Town Board work session, Mr. Feiner mentioned he sent out 1500 questionnaires and had received only three (3) responses. CGCA members agreed that Mrs. O’Shea should return the questionnaire with a note expressing our appreciation for the warm reception and space that the Community Center has provided for CGCA monthly meetings.
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A packet of information regarding traffic problems from Chatterton Parkway CA President Richard Atkins. Many vehicles use the local residential streets as a short cut to access White Plains, and there have been numerous accidents over the years. The issue will be discussed at the September CGCA meeting, which Mr. Atkins is hoping to attend
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A letter about certain road closings on Thursday (8/22) to facilitate tractor-trailers transporting large pre-cut panels for construction at Edgemont High School.
PROPOSED FORTRESS BIBLE CHURCH AND SCHOOL – DOBBS FERRY ROAD
Blase Spinozzi, President of the Hilltop Farms CA, and Alan Hochberg, President of Poet’s Corner CA, provided information on this proposal to build a 500-seat church and a school for 150 children on Dobbs Ferry Road, on a six-acre parcel abutting the northbound exit to the Sprain Brook Parkway. Mr. Spinozzi made it clear his group is not opposed to the church, per se, but rather the chosen site. He noted that the property contains steep slopes and is not large enough to accommodate the size of the proposed buildings and required parking. The church has requested a variance from the ZBA to move the building closer to the parkway and will also require waivers from the Town Board to eliminate landscaped islands in the parking lot. His community has concerns about traffic, impervious surface, adequacy of parking requirements, access to local streets and stormwater management. He noted that the proposed development would dramatically impact the quality of life of residents in the areas of Hilltop Farms, Poet’s Corner, Orchard Hill, Worthington Road, Dobbs Ferry Road and Sky Meadow.
Mr. Spinozzi stated that traffic in the area is already intolerable with vehicles exiting the Sprain Brook Parkway backed up in the parkway traffic lanes. He indicated there are frequent accidents on Dobbs Ferry Road and development at this site would compound an already dangerous situation. The site is located on a downgrade on Dobbs Ferry Road. The church is proposing a right-turn-only exit from the site. CGCA members agreed that those wishing to go east would make a U-turn somewhere on Dobbs Ferry Road. Mary Tobias raised a question about the direction of school buses. It was noted that the church/school currently is a Mount Vernon based operation with only a few members living in Greenburgh and a current school enrollment of only 39 students.
Mr. Hochberg noted that religious institutions are entitled to special consideration under the law and a municipality can only deny approval based on environmental, traffic or quality of life issues. He stated that any house of worship is a wonderful addition to a community but agreed with Mr. Spinozzi that this is the wrong location and that development at this site would have a negative impact on the area. Mr. Hochberg mentioned that Poet’s Corner is united in opposition to the current application but may be willing to negotiate if the numbers are reduced. He noted any discussion was premature at this point since the applicants have not answered environmental questions posed by the Planning Department.
Mr. Hochberg stated that he would keep the CGCA informed on this issue and will seek CGCA support as the application proceeds before the Zoning Board of Appeals, Planning Board and Town Board. It was noted that the church already owns the land. Apparently church leaders had a discussion with former Greenburgh Planning Commissioner Stephen Lopez before purchasing the site.
POET’S
CORNER CIVIC ASSOCIATION OPPOSES WAIVER FROM MORATORIUM LAW
FOR CHANGE TO SOLOMON SCHECHTER SCHOOL BALLFIELD
Alan Hochberg reported that officials from the Solomon Schechter School contacted him about the need to change the school’s softball field to a hardball field. He told them he was willing to set up a meeting with his civic group and called Planning Commissioner Mark Stellato about the issue. He learned that the Town Board had not granted any waivers from the Moratorium Law for properties containing steep slopes, but that the school had already applied for a waiver claiming a hardship – the school won’t be able to play in a hardball league. Mr. Hochberg called the school back, told them there was no reason to meet, that the application was inappropriate and should be withdrawn. He noted his community would oppose the granting of a waiver, but would be willing to discuss the issue when the moratorium is lifted. The school’s leadership was shocked the community would oppose this request for a waiver. The school’s lawyer said an exception should be made for the school and threatened a lawsuit.
Mr. Hochberg requested that the CGCA support the Poet’s Corner CA in its opposition to granting a waiver at this time. CGCA members agreed that granting such a waiver would set a bad precedent. Ella Preiser noted that at today’s work session, the Town Board, by a straw vote, indicated a willingness to grant a waiver for a property containing steep slopes. This would be the first waiver granted for property containing steep slopes and/or wetlands. The application concerns aggregating lots to build a single family home for an elderly handicapped mother. The board indicated there would be a condition requiring that the home be constructed barrier-free according to ADA requirements. The formal vote will be taken at tomorrow’s (8/21) meeting at Yosemite Park. The public will have no opportunity to comment since the official record has been closed.
Stephanie Bellino noted that the Public Hearing on the Solomon Schechter School waiver request was adjourned because of improper notification. The Central 7 School District, the largest and closest abutting property owner to the Solomon Schechter School, did not receive legal notice of the meeting and there are questions whether other property owners within 250 feet received notices.
TOWN PLANS TO EXTEND WATER MAIN THROUGH NATURE PRESERVE
Danny Gold reported that he has spoken with Town Engineer Mike McGarvey about the proposal to extend a 16-inch water main from the East Irvington pumping station, beneath the Thruway, along Mountain Road and through the East Irvington Nature Preserve. The main would be connected to the water tower in East Irvington and result in a closed loop system. Mr. Gold felt this would be a positive step since his neighborhood was impacted by the recent water main break on Knollwood Road. With a closed loop system, water could continue to flow through the other end of the loop. He noted it would take a month for the review process and 6 or 7 months to build the system. Madelon O’Shea expressed concern that the main would pass through the Nature Preserve. It was noted that at the August 7 Planning Board meeting, the plans indicated a snake-like path through the Preserve to avoid rock outcrops and the elimination of large trees. Mr. Gold indicated that he will obtain a copy of the plans and also inform his neighbor, Carol Demas, about the proposal.
DEVELOPER’S ATTORNEY CALLS OFF NEGOTIATIONS ON AVALON GREEN II
Danny Gold reported that three members of the “Inter-municipal Advisory Committee for Avalon Green II” which met in July with officials from the Robert Martin Company (RMC) signed a letter to the developers citing the threatening tone of the meeting. RMC representatives had pointed out at the meeting that in other cases developers had personally sued community members. RMC’s attorney wrote to Supervisor Feiner that, because of the letter, all negotiations are off.
Mr. Gold noted that the Advisory Committee would meet next week to formulate recommendations regarding development of the Nob Hill site and subsequently meet to discuss its recommendations with the Town Board. He stated that the compromise proposed by RMC (an initial build of 444 units + 200 more units at a later date) is unacceptable to the Committee. Mr. Gold mentioned that RMC is the only entity stating there will be no traffic problems. The State DOT, the Westchester County Planning Department and an independent traffic study commissioned by the Village of Elmford all indicate traffic problems will continue even with the mitigation measures proposed by RMC. It was noted that the Elmsford Fire Department, which earlier had requested that the Public Hearing be extended, has not responded on the DEIS. The Public Hearing will continue at the September 25 Town Board meeting.
TOWN
BOARD PLANS TO PASS FLAWED ENERGY CONSERVATION LAW
TARGETING HOMES BUT NOT COMMERCIAL BUILDINGS
Madelon O’Shea noted that the Town Board plans to pass legislation tomorrow night requiring energy conservation measures in one and two family homes and multi-family buildings three stories or less in height. Contrary to Mr. Feiner’s PR announcements in April, the proposed law will not apply to commercial buildings or residences over four stories. Mrs. O’Shea stated that in conversations with state and county officials she learned this is because the New York State Energy Research and Development Authority (NYSERDA) has no guidelines for commercial buildings or buildings taller than three stories. Ella Preiser noted that the new 2002 Energy Conservation Construction Code of New York State contains compliance requirements for all new construction and additions to existing buildings – both residential and commercial. It is unclear why the Town Board is ignoring the new state code and plans to enact a law that will measure energy savings against obsolete 1993 guidelines.
CGCA members agreed that conserving energy is an important goal. Concern was expressed that Supervisor’s Feiner desire to be the “first” in the state to pass such legislation was counterproductive and it would be better to have the “best” law in the state. Councilman Steve Bass agreed that the law could have been “better” and noted that the state DEC has standards for commercial buildings. He stated that he met yesterday with the Supervisor, Town Attorney, members of the Building Department and Dan Rosenblum of Pace Energy Project. He noted the Town Attorney’s office was wedded to working with NYSERDA because they are training people to do the inspections. Mrs. O’Shea said that she was told there are only five people between here and Albany that are certified to make such inspections, but there is a private firm in New Jersey that is training inspectors.
Francis Sheehan stated that in addition to obtaining approval from the Building Department for compliance with the state code, in an earlier draft, the Town would have required the applicant to obtain a NYSERDA-approved inspection. (This costs $750 a house in Texas.) He noted that, if required, this would increase the price of a new house far more than the figures of $750 to $2,000 stated in the newspaper. Jim Lasser noted that the requirement in the proposed law of “the capability to deliver automatically controlled mechanical ventilation” would preclude the installation of a hot water heating system, an extremely efficient system. Hal Samis noted that there are fewer than 25 single-family homes constructed in an average year in Greenburgh and he fails to understand the urgency of passing this legislation. He also noted that at the June 12 meeting, Supervisor Feiner voiced concern about “procrastination” and promised to deliver proposed legislation regarding commercial buildings within 30 days. The promise has not been fulfilled.
TOWN BOARD LIMITS PUBLIC SPEAKERS TO THREE MINUTES
CGCA members discussed the Town Board’s latest policy (which seems to change at every meeting) regarding the public comment period at Town Board meetings. Ella Preiser noted that the policy requiring speakers to sign up in advance, either at Town Hall or 15 minutes before a meeting, imposes a burden and effectively precludes residents from speaking who may not be aware of the ever-changing policy. She told CGCA members that at the Travis Hill Park meeting on July 17, Mr. Feiner did not arrive until 7:15 p.m. although the meeting was scheduled to start at 7 p.m. She noted she was the 11th person to speak and challenged the Board to hear from other neighborhood residents who had been invited to attend but had not been informed of the sign-up requirements. It was noted the agenda for the August 21 meeting extends the time period for public comments from a half-hour to an hour but still requires anyone wishing to speak to arrive early or go to Town Hall to register in advance.
Mrs. Preiser noted that Supervisor Feiner’s July 19 letter to Fairview residents claims the board wants to hear their concerns and answer any questions they may have but fails to mention the time limits or sign-up provisions. She also noted that it is very difficult to address items on a three or four page (legal size paper) agenda plus non-agenda items in three minutes. She stated that for many years residents were entitled to speak for 5 minutes (later 10 minutes) on agenda items and given unlimited time at the end of the meeting to discuss non-agenda items.
Cleo Oliver noted the 3-minute rule was Councilman Steve Bass’ idea. Mr. Bass stated that he felt it was better to hear from the public at the beginning of the meeting. He noted that at several meetings during the summer the public was precluded from speaking because of time constraints and/or the public comment period was deleted from the tapes of the meeting played on cable television. Mrs. Preiser agreed that it was wise to hold a public comment period at the beginning of the meeting so residents could comment on agenda items; however, she questioned the board’s commitment to open government by limiting speakers to three-minute sound bites. Hal Samis noted that several recent meetings (including the one at Travis Hill Park) have ended well before 11 p.m. so the public could have been given an opportunity to complete remarks at the end of the meeting.
CGCA AGAIN CALLS FOR END TO “ROAD SHOW” TOWN BOARD MEETINGS
Copies were distributed of an August 19 Newsweek article, “Mosquito Season Turns Deadly,” and two recent letters to the editor of the Journal News – Deborah Bloom’s 8/9 letter noting outdoor meetings pose a health risk because of West Nile virus and Supervisor Feiner’s 8/13 letter stating the health department is not recommending canceling outdoor meetings. Mary Tobias stated that she called Dr. Ada Huang, the deputy commissioner of the Westchester County Department of Health, whom Supervisor Feiner quoted in his letter to the editor. Ms. Tobias noted that Mr. Feiner correctly quoted Dr. Huang, but it appeared that Dr. Huang didn’t know there were alternative places to meet indoors. When informed, she suggested that Ms. Tobias contact the person in charge as a constituent. Francis Sheehan noted that the Town Board also ignored the ozone alert that was in effect the night of the Travis Hill Park meeting.
CGCA members acknowledged that it is understandable that the Health Department does not wish to incite panic and urge the cancellation of all outdoor events. However, it was suggested that a Town Board meeting cannot be compared to social events such as a baseball game, outdoor fair or even the recent New York Philharmonic Concert which was held outdoors to accommodate a huge crowd. Deborah Bloom noted that attendance at those events is voluntary and unlike having a limited opportunity to address the Town Board as a member of the community. Elinore Gordon said these are business meetings being conducted outside, they are not social events.
Councilman Steve Bass wanted CGCA members to know that the Town Board did discuss at a work session the CGCA’s June 24 letter asking the board to cease combining regular board meetings with community outreach meetings and to hold all Town Board meetings at Town Hall. He stated he personally believes all board meetings should be held at Town Hall. Francis Sheehan noted that at the work session Supervisor Feiner said he couldn’t rely on his council to attend community outreach meetings.
Bernice Skipwith stated that years ago she asked the Town Board to hold outdoor meetings in her neighborhood. However, she noted that times have changed, people have changed, and the few residents from her neighborhood who wish to attend a meeting would go to Town Hall or some other alternate indoor site. Hal Samis mentioned that he fails to understand the Supervisor’s logic: while Mr. Feiner is very concerned about Indian Point and possible terrorist actions at Town Hall, he does not appear to be concerned by the real threats to constituents’ health and welfare by West Nile virus, cold temperatures, rain or ozone.
CGCA members voted unanimously to send another letter to the Town Board urging again that community outreach meetings be separated from regular Town Board meetings and that all regular Town Board meetings be held inside at Town Hall.
Alan Hochberg asked for clarification about the vote. He said he voted in favor of sending the letter because he agrees Town Board meetings should be held inside; however, he noted he had not polled his neighbors and could not bind his civic association to the vote. A discussion was held on this matter. The consensus was that as elected/appointed representatives, CGCA members could speak/vote on behalf of their civic groups at a CGCA meeting. Additionally, when CGCA representatives vote at a meeting, they are representing the entire CGCA membership that year after year continue to pay dues. As Danny Gold noted, if any groups feel the CGCA was not properly representing them, they would let us know or cease to pay dues.
JOINT
TOWN BOARD/CABLE ACCESS BOARD MEETING
SUPERVISOR FEINER’S CONTROL OF PUBLIC ACCESS CHANNEL CONTINUES
The Cable Advisory Board (CAB) and the Town Board held a joint meeting on July 23. The Town Board appears unwilling to support the CAB’s call for the creation of an independent policy-making board to oversee Greenburgh cable access television. Supervisor Feiner said he would consider an interim board with some decision-making powers for a year. He continues to want certain community cable television programs that are critical of his policies censored/removed from the air during the political campaign season. Councilwoman Timmy Weinberg wants the CAB to provide information on the cost of operating the system. Ella Preiser reminded CGCA members that the Town received more than $411,000 last year from cable franchise fees. The Town places that money in the general budget and spends only a pittance on the Town’s embarrassingly poor cable access television system.
No lease has been signed for a new cable studio. Supervisor Feiner broke his promise that one would be signed by August 1. Westchester Community College offered free studio space but the Town did not accept the offer. At the August 6 work session, Town Clerk Alfreda Williams mentioned that a lease currently is being reviewed for a studio and shared storage space (for the police?) at 297 Knollwood Road. A large “FOR LEASE” sign had been posted on this building but Town officials did not appear to notice it until Hal Samis called to their attention two spaces – one 1100 sq. ft. and one 1600 sq. ft. – for lease at the building.
MISCELLANEOUS
Proposed Historic Preservation Law. Madelon O’Shea reported that the Planning Board held a brief discussion on the proposed legislation at its August 7 meeting. At the extra Planning Board meeting on Wednesday, August 28, discussion will continue on this proposed law which would help to preserve historic landmarks/properties in Greenburgh.
Proposed “McMansion” Law. Councilman Steve Bass informed CGCA members that the Planning Department has completed a sample survey to determine what impact his proposed floor area ratio legislation would have on existing residential neighborhoods. Mr. Bass will meet with Planning Commissioner Mark Stellato to discuss the results of the survey.
MSG Landscaping Will Be Maintained. Ella Preiser noted that the Town Board approved the waivers from the Moratorium Law and the regular site plan approval amendment process for Madison Square Garden at the July 17 meeting. A condition of the approval was that 100% of the mitigation landscaping be maintained/replaced for as long as the training facility stands. Mrs. Preiser thanked CGCA members for their support in urging the Town Board to correct the error it made when it gave initial approval for this project in October 2001 and required the applicant to guarantee only an 85% success rate for all mitigation plantings through a five-year period.
Kathwood Road Subdivision – Orchard Hill. At its July 24 meeting, the Planning Board voted to rescind its previously issued Conditioned Negative Declaration under SEQRA for this proposed six-lot subdivision and adjourned any further discussion on this application to an unspecified date. The applicant is required to submit new SEQRA documentation since the property is in a Hilltop Preservation Zone. On July 18, the ZBA also adjourned the developers’ application for a variance to an unspecified date.
“American Dream Home” Lawsuit. The owners of property on Montgomery Avenue in North Elmsford were required to obtain a waiver from the Moratorium Law and then apply for subdivision to aggregate tax lots in order to erect a single-family house. When they were forced to pay the $4,000 recreation escrow fee to obtain subdivision approval, they complied but filed a lawsuit since the Town Code mentions an “offer” (voluntary?) of money in lieu of land. At the August 7 Planning Board meeting, it was announced that the judge has remanded the case back to the Planning Board to set forth a nexus between imposition of the fee and the public benefit.
No Word on Town Hall/Library Site. Danny Gold inquired about the status of the search for a new Town Hall/Library site since Supervisor Feiner on July 22 retracted his intention to purchase and/or obtain by eminent domain the Dobbs Ferry Road Westchester Golf Range property. Hal Samis stated that he had spoken with two members who serve on Mr. Feiner’s Town Hall/Library Relocation Committee and they indicated no meeting has been scheduled. It was noted that Mr. Feiner stated in a July 19 letter to the Fairview community that he would provide an update on this issue at the Town Board meeting at Yosemite Park on August 21.
When will Winding Ridge Park Open? At the April 9 Town Board work session, Elinore Gordon asked when the passive park adjacent to the Winding Ridge development on Old Tarrytown Road would be opened to the public. Supervisor Feiner promised to check on it. Ms. Gordon told CGCA members she has heard nothing, there is no sign to the park and no one knows the unimproved park is there. It was expected that scouting groups or children from Bailey School would have access to the area.
Water Filtration Plants. Alice Moroney reported that a plant will be built at Kensico to irradiate water from the Catskill/Delaware system. No decision has been made regarding the final site for a filtration plant for water from the Croton Aqueduct water system.
Home Depot – Mount Pleasant. Alice Moroney reported that at the August 1 meeting of the Mount Pleasant Planning Board, Home Depot presented plans for a smaller building (94,820 square feet for the store and 18,720 square feet for the garden center). At its next meeting, the Mount Pleasant Planning Board will discuss issues previously raised about this proposed development, including: impacts on wetlands and steep slopes, a smaller footprint and wider buffer, two-story store and parking structure, a tributary analysis, selective merchandising, traffic analysis, and a history from other communities regarding traffic proposed versus actual traffic when a store was opened.
Homeless Shelter – Grasslands Reservation. An article in the newspaper stated that Mount Pleasant was planning to file a second lawsuit seeking to void the contract permitting the Volunteers of America to open a 149-bed homeless shelter on the Grasslands Reservation. In June, a state Supreme Court judge dismissed the previous Mount Pleasant lawsuit because the contract had not yet been signed with Westchester County. Alice Moroney noted that renovations have begun to convert the existing building
Millennium Gas Pipeline. It was noted that the U.S. Commerce Department has granted the Villages of Croton and Briarcliff Manor a 60-day comment period with the status of “Friend of the Secretary” regarding the proposed pipeline. This status will allow the villages to file briefs in support of the New York Secretary of State’s position that the pipeline should not be permitted to cross the Hudson River.
Antenna Review Board Member Seeks Changes to Town Law. Francis Sheehan told CGCA members that ARB member Murray Bodin presented to the ARB proposed changes to the Antenna Law. The proposed changes would require all applications to be filed in electronic form and would eliminate the requirement for a minimum 350-foot setback from child day care centers, schools, camps, public parks or playgrounds. Mr. Bodin also gave ARB members copies of the New Rochelle antenna law and indicated it should be considered as a model ordinance for Greenburgh. Mr. Bodin appears unaware that New Rochelle requires a 500-foot setback from schools, etc.
ZBA Votes to Re-Open Sign Variance Case. At its July 25 meeting, the ZBA unanimously voted to re-open Case #02-04 – Nikus Realty (Scarsdale Ford). In April the ZBA had denied the applicant’s request for one over-sized yard sign and a second smaller yard sign. (The Zoning Ordinance permits only one yard sign.)
Supervisor Feiner Admits Taking Documents! During the hearing on the Solomon Schechter School request for a waiver from the moratorium, Hal Samis questioned why Councilwoman Timmy Weinberg seemed unprepared. Supervisor Feiner admitted he had gone through her file and removed documents Ms. Weinberg needed regarding the application.