COUNCIL OF GREENBURGH CIVIC ASSOCIATIONS
Minutes of Meeting - September 13, 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
Birchwood Civic Association
Broadview Civic Association
East Hartsdale Avenue Civic Association
East Irvington Civic Association
Edgebrook Cooperative, Inc.
Edgemont Community Council, Inc.
Fort Hill Association
Fulton Park Civic Association
Granada Condominium III Association
Hartsdale Highlands Civic Assoc.
Hillcrest Park-Ardsley Civic Association
Hillside Wyndover 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 Civic Association
Parkway Gardens Civic Association
Parkway Homes Civic Association
Poet's Corner 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
Winding Road Farm Association
Woodhill Civic Association
To date, thirty-four civic groups have paid dues for the year 2001. There is $893.70 in the treasury.
Minutes of the August 21, 2001, meeting were read and approved with minor corrections that will be made prior to distribution.
The meeting took place at the Multipurpose Center at Anthony F. Veteran Park. The meeting was originally scheduled for the 2nd Tuesday of the month. Since the primary election was scheduled for that day, the meeting was rescheduled to Thursday, September 13.
CGCA members expressed their shock, anger and grief about the September 11 terrorist attacks. Among those missing at the World Trade Center: William Pohlmann, Ardsley resident and former Chair of the Greenburgh Republican Party; the son-in-law of Building Inspector John Lucido; an employee of the town's planning firm, Allee King Rosen & Fleming (AKRF); and the best friend of AKRF planner Neal Stone.
UPDATE - UNIFICATION CHURCH PROPERTY
Danny Gold reported that the benefit concert organized by the "Committee to Preserve Taxter Ridge" was successful -both financially and in bringing the community together. More than 300 people attended the September 10 concert, which featured great entertainment, raffles, and a champagne reception. In addition to concert receipts, the Committee received several thousand dollars in contributions. County Executive Andrew Spano, State Assemblyman Richard Brodsky and Supervisor Paul Feiner attended the event and all expressed support for purchasing and preserving the 200-acre property on Taxter Road owned by the Unification Church. County Legislators Thomas Abinanti and Lois Bronz also attended and presented the Committee with a proclamation from the Westchester County Board of Legislators. State Senator Nicholas Spano sent a strong letter of support.
AVALON GREEN II - NOB HILL
DEVELOPER THREATENS LAW SUIT, SECESSION
Danny Gold reported that East Irvington residents discussed the proposal of the Robert Martin Company (RMC) to build a day care center, recreation facilities and 794 units of multi-family housing on the Nob Hill site on Taxter Road. Supervisor Paul Feiner had urged the community to meet with Martin Berger (a principal of RMC) and seek a compromise. The community is not willing to compromise regarding this enormous proposal which would bring unbearable traffic to the Taxter Road area. [RMC contends that 80% of the traffic will not use Taxter Road.] Mr. Berger threatened that if there were no compromise, RMC would either sue the Town or seek annexation by the Village of Elmsford. Mr. Gold told CGCA members that he had written a letter to Mr. Feiner, questioning whether an applicant may seek annexation by another municipality once an application for development is before the town. Mr. Feiner promised to have the. Town Attorney look into the matter.
RMC appears to have approached the Village of Elmsford regarding annexation. Yesterday (September 12) at the Town Board work session, Mr. Feiner announced that the Village of Elmsford has scheduled a meeting on Monday, September 24, to discuss this matter.
PRE-PRIMARY DEBATES - CABLE-TV
At an August 6 meeting of candidates running for election, an agreement was reached regarding airing of candidates' promotional tapes on cable TV. At the suggestion of Francis Sheehan, it was agreed that the candidate tapes would air from 10 to l I p.m. on Channel 71 during weekdays (Tuesday, Thursday and Friday), thus avoiding the censorship of any existing programming. Mr. Sheehan also advocated that the tapes air in a continuous 24-hour loop over the three weekends prior to the primary. All candidates agreed to the continuous loop. Ella Preiser requested that the primary debate sponsored by the CGCA be aired as part of that loop. Cable Coordinator George Malone said that it could be done and none of the candidates objected. However, at the August 22 Town Board meeting, the board insisted that re-airing of the debate was not part of the agreement.
Town Clerk Alfreda Williams scheduled a third meeting of candidates for August 28. CGCA representatives Stephanie Bellino, Danny Gold, Mary Tobias and Ella Preiser attended the meeting along with George Malone and nine of the candidates running for Town ofces. The candidates were asked to vote whether the CGCA debate should air during the weekend loops. Three candidates voted "yes" Francis Sheehan, Democratic candidate for Town Council; Frances Pulle, Republican candidate for Town Council; and Patricia Cowens, Independent candidate for Town Clerk. No other candidates (including the incumbents) voted or abstained. At the August 30 work session, the Town Board passed a resolution allowing the CGCA debate to be aired during the continuous weekend loops on cable television.
Forty residents attended the CGCA pre-primary debate on August 30. The three Democratic Party candidates seeking the two four-year seats on the Town Board - Diana Juettner, Francis Sheehan and Timmy Weinberg - participated in the debate. Frances Pulle, the only candidate running in the Conservative Party primary willing to debate, made a three-minute statement since FCC rules prohibit "empty chair" debates. CGCA Chairperson Danny Gold served as the moderator of the debate and CGCA Vice Chairperson Cleo Oliver served as timekeeper. The debate was cablecast live on Channel 71 and aired during the two weekends preceding the scheduled September 11 primary along with the primary candidates' tapes.
Forty residents attended a September 6 debate involving Ms. Juettner, Mr. Sheehan and Ms. Weinberg in Dobbs Ferry that was sponsored by the Democratic Committees of Dobbs Ferry and Hastings-on-Hudson. Greenburgh Cable Coordinator George Malone taped this debate and it was shown on Channel 71, alternating with the CGCA debate, during the weekend before the September 11 primary. CGCA members noted that the Dobbs Ferry one-minute "round of rebuttal" that was offered to the candidates following each question enlivened the debate. It was suggested that the CGCA include an opportunity for candidates to rebut when sponsoring future debates.
CGCA members agreed that the continuous 24-hour loop of candidates' tapes and the two debates over the weekend was an excellent use of the Town's cable access channel. Ella Preiser noted that she asked at the Town Board meeting last night (September 12) what arrangements were being made to replay the candidates' tapes and debates when the primary is re-scheduled and also when non-primary candidates tapes will air. The Town Board refused to discuss the issue.
Today Governor George Pataki announced that the primary has been rescheduled for September 25. The resolution adopted by the Town Board on August 30 states that debates will be "included in the continuous airing for two weekends prior to the Primary and/or General Elections." CGCA members expect that the Town Board members will honor the resolution they enacted and allow the two debates to re-air the two weekends before the rescheduled primary. CGCA members again expressed concern that incumbent candidates have total control over our Town's cable access television channels.
CGCA AGAIN URGES PUBLIC CONTROL OF PUBLIC CABLE ACCESS TELEVISION CHANNELS
It was noted that the CGCA program currently airing on cable TV is an old tape, recorded in December 1999 (with Christmas lights in the background), featuring Danny Gold interviewing Carol Wielk, President of the Secor Homes Civic Association. During the last 18 months, the CGCA has produced only one program in the cable studio on East Hartsdale Avenue. Both the audio and visual qualities of that tape were so poor that the CGCA is embarrassed to invite guests to tape a program.
CGCA members discussed the September 4 letter from Supervisor Paul Feiner to civic leaders seeking input regarding Greenburgh's cable television. While Mr. Feiner's letter states he wants to enhance public access to cable TV, his proposal to pay the Cable Coordinator a fixed rate instead of the currently hourly rate appears to suggest that public access would be further limited. Mr. Feiner's letter also claims he is interested in creating an independent cable TV board, but he refuses to relinquish total control. After a lengthy discussion, CGCA members formally voted unanimously to send a response to Mr. Feiner urging the Town Board to adopt the recommendations of the Greenburgh Campaign Finance Commission which included representatives from the League of Women Voters, a staff attorney at the Brennan Center for Justice at NYU School of Law, the Director of the Michaelian Municipal Law Resource Center at Pace University, as well as community members and various political party representatives.
PROPOSED HOMELESS SHELTER- GRASSLANDS RESERVATION
CGCA members again discussed County Executive Andrew Spano's proposal (approved by a 2 to I vote of the Board of Acquisitions and Contracts) to put a homeless shelter for 233 adults in the former Bureau of Purchase and Supply building on the Grasslands Reservation in Valhalla. The Volunteers of America would lease the building ($1.00 a year) and receive $6.5 million a year from the County to renovate and operate the shelter. The shelter would be the largest one in Westchester and would allow closing several other shelters - one in Yorktown, two at the County airport and one at Grasslands. Copies were distributed of a September 7 letter from Danny Gold and Alice Moroney to County Legislator Thomas Abinanti. The letter asks that the contract be voided and an Environmental Impact Statement (EIS) be prepared because of the significant cumulative impact of numerous community facilities in the immediate area. It was noted that Mount Pleasant Supervisor Robert Meehan is also calling for an EIS. CGCA members suggested that copies of the letter should also be sent to County Executive Spano and County Legislators Lois Bronz and Suzanne Swanson.
MILLENNIUM GAS PIPELINE
Alice Moroney reported to CGCA members regarding the meeting held on September 4 in Mount Vernon about the proposed pipeline. The room was filled to capacity. Many Mount Vernon residents attended and claimed they had no knowledge that the proposed pipeline would be constructed in their backyards. County Executive Andrew Spano denounced the proposed route of the pipeline through Westchester County. Supervisor Paul Feiner also denounced the proposed route and cited the reasons, without attribution, Ms. Moroney had given in a September 14, 2000 letter to the-Federal Energy Regulatory Commission (FERC). The Mayor of Mount Vernon was booed when he spoke because he originally agreed to the project.
CGCA members were informed that connecting with Con Edison lines in Mount Vernon has always been Point "B" for this proposed pipeline. [Point "A" is in Canada.] Draft and final environmental impact statements have been accepted for this proposal and it is expected that FERC will make a decision soon about whether the pipeline should be built and what route it will take. There is a question whether the backers in Canada will continue to finance the project.
STEEP SLOPES/WETLANDS PROPOSED LEGISLATION
In July the Planning Board reviewed the steep slopes and wetlands legislation proposed by the Town. Members of the public and representatives of developers raised a number of concerns about provisions in the poorly worded proposed legislation. Planning Board members agreed that major changes were needed. The legislation is being revised and the Planning Board has placed the issue on the agenda for its October 3 and October 17 meetings. To date, copies of the revisions are not available.
On August 22, the Town Board approved a resolution to retain Terry Rice, as special legal counsel, at a cost of $225.00 an hour, to review legislation relating to the draft open space comprehensive plan to determine whether it will withstand court challenge. It is unclear whether the Town will ask Mr. Rice to review the originally proposed steep slopes and wetlands legislation or will wait for the Planning Board's recommendations concerning the revised legislation.
SUPERVISOR FEINER ACCUSES RESIDENTS TRYING TO IMPROVE EAST HARTSDALE AVENUE REZONING PROPOSAL OF "STUPID STALLING TACTICS"
At the August 22 meeting, the Town Board held a public hearing and presented residents with yet another version of the proposed rezoning legislation for an East Hartsdale Avenue (HC) district. The meeting was held outdoors at the Gaisman Estate and residents were expected to read the document in the dark. Before anyone spoke, Mr. Feiner announced that the hearing would be closed that evening and the board would vote on the legislation at next Thursday's work session. Stephanie Bellino requested that the board consider adding another special permit use - a small animal hospital - to the proposed legislation. Numerous residents spoke at the hearing about the poorly worded proposed legislation. Steve Bass was the only member of the Town Board who expressed concern about the wording. No one expressed opposition to allowing the proposed fitness center or a small animal hospital. Residents did question whether a supermajority (4 votes) was required for the Town Board to approve this legislation since the Planning Board had not given a positive recommendation. Town Attorney Susan Mancuso stated that the Planning Board had not fulfilled its obligation to return its comments in the time spelled out in the Zoning Ordinance, and therefore a supermajority vote was not necessary. Mr. Feiner accused residents of engaging in "stupid stalling tactics," and repeatedly stated that East Hartsdale Avenue was a ghost town. The meeting continued late into the evening and Mr. Feiner reluctantly agreed to continue the public hearing at the August 30 work session.
At the Thursday, August 30, work session, the Town Board continued the public hearing. Mr. Feiner repeatedly said that he preferred a Portuguese restaurant to a small animal hospital. Mr. Feiner and Councilwoman Timmy Weinberg announced that Chairwoman Fran McLaughlin and other Planning Board members told them that the Planning Board prefers that the Town Board be the approving agency for any special permits granted in the HC district. Councilman Bass noted that he also had spoken with Ms. McLaughlin and that was not his understanding of what she said. Although this issue was not on its September 5 agenda, the Planning Board again discussed the proposed HC district. The Planning Board unanimously voted to recommend that approval authority for special permits be given to the Planning Board, noting that is consistent with other provisions in the Zoning Ordinance. The Planning Board also recommended inclusion of a small animal hospital and noted other changes that should be made to the proposed legislation.
Ella Preiser told CGCA members that she went to AKRF offices in White Plains on September 10 and spent almost three hours with Neal Stone discussing changes that were necessary to the proposed HC zoning amendment. The Town Board had scheduled a decision on this proposed legislation for the September 12 board meeting, but because of the September I I terrorist attacks, the decision has been postponed to the September 25 Town Board meeting.
CGCA members Deborah Bloom and Madelon O'Shea noted that a main community concern is that a "walk through" to the parking garage be provided. Neither the Planning Board nor the Town Board has addressed this concern. The ideal location would be through the building being considered for the Synergy Fitness Club. It is unlikely that the owners would agree to provide this space in the building.
TOWN ADOPTS QUESTIONABLE "FLOOD RELIEF" LEGISLATION
On August 22, the Town Board held a public hearing on a law to be known as the Emergency Flood Reconstruction Relief Act. Copies of the proposed law were not made available in advance of the meeting and residents requesting to speak on the proposed law were required to read the document in the dark at the outdoor evening meeting at the Gaisman Estate. The Town Board unanimously adopted the legislation. This law would give the Building Inspector the right to ignore some provisions of the Zoning Ordinance and issue building permits if an applicant intended to reduce flood hazards. At the meeting, residents Francis Sheehan and Ella Preiser questioned the Town Board's authority to enact this law. No enabling legislation is identified on the document but the Town Attorney, Susan Mancuso, insisted that General Municipal Law enables the Town Board to pass such local laws. Ms. Mancuso seemed either unaware of or unconcerned with the facts that New York State Town Law and Greenburgh's Zoning Ordinance spell out the means for amending or seeking relief from the provisions of the Zoning Ordinance. The law is also poorly worded. It would grant the Building Inspector vague authority to ignore the need for an "applicant to obtain one or more variances from the ZBA" that are not related to use or setback requirements. When questioned whether this law would permit an applicant to obtain relief from FAR and other requirements, Ms. Mancuso acknowledged it would.
CGCA members discussed this law and noted that it was intended to help a Babbitt Court family who wishes to elevate their home above the 100-year flood elevation. The house would be elevated higher than the height permitted in the Zoning Ordinance. Because the family also needs a variance from a front yard setback requirement, the adopted legislation would not apply. An application seeking the necessary variances has been filed with the ZBA, which has scheduled the application for a hearing on September 20.
CGCA members acknowledged that the legislation was enacted to address the concerns of residents in flood prone areas -- a noble goal. The law also has a "sunset" provision and will expire on July 31, 2002. However, CGCA members are convinced that the Town Board lacked the authority to enact this legislation. It is questionable whether the legislation could withstand a court challenge.
RENT STABILIZATION LAW
At the September 6 Dobbs Ferry debate a question was raised about rent stabilization laws. Since none of the candidates were familiar with the laws, they could not respond. Francis Sheehan told CGCA members that he had looked this issue up on the Internet and learned that the laws are up for renewal in 2003. There is a movement to drive up rents for apartments to $2,000 a month so the apartments will no longer be subject to the laws. It appears that landlords are trying to decrease the number of affordable units available. Stephanie Bellino noted that there are five rental buildings on East Hartsdale Avenue - #35, 140, 150, 160 & 170. Studio apartments rent for almost $1,000 a month and one-bedroom units start at $1,200. She noted that local communities are required to sign on but can set the guidelines. In Greenburgh, only buildings with five or more rental units are subject to the law.
MISCELLANEOUS
Moratorium Law Extended. The original 120-day moratorium on granting approvals for certain development (effective April 1) was extended for an additional 60-day period in July. At its September 12 meeting, the Town Board held a public hearing and extended the law for a 2nd time. The law will continue in effect until December 31 or upon the effective date of steep slope and wetlands legislation.
Local Law Enforcement Block Grant Money. Madelon O'Shea noted that a meeting was held on September 11 at Police Headquarters to discuss receipt of federal funds in 2002. The money will be used next year to address quality of life issues.
Landmark at Eastview. The public hearings scheduled for September 12 have been postponed to September 25. The applicants are seeking an amendment to the Zoning Ordinance to permit athletic training facilities in OB zoning districts, a special permit for the Madison Square Garden proposed facility and site plan approval for the training facility and 320,000 square feet of additional laboratory space.
Stickley, Audi & Co. Store Opens. Irene Zuck reported that she attended the grand opening party for the furniture store's new building on Tarrytown Road. Store-owner, Mrs. Audi, promised that more landscaping would be done. CGCA members noted that there is no permanent sign on this large building and questioned whether a variance will be sought for a sign larger than the law allows.
Town Hall/Library Expansion/Town Hall/Library Expansion/Relocation.
Supervisor Calls for More Town Board "Road Shows." Hal Samis reported that at the Town Board work session yesterday, Supervisor Feiner stated that no more Town Board meetings will be held at Town Hall until he gets a new Town Hall building. His comment was obviously addressed to Ella Preiser who has complained about the numerous Town Board meetings held away from Town Hall.
The Town Board meeting scheduled for Tuesday, September 25 at Town Hall will have to be re-scheduled or moved since the Primary Election has been scheduled for that date and Town Hall is used as a polling place.