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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 $1,189.80 in the treasury.

The September 16, 2003 meeting was held at the Theodore D. Young Community Center.

Minutes of the August 19, 2003 meeting were approved with one correction. On page 2, Rod O’Shea should be listed as the Treasurer of the Edgemont Association.

CGCA members welcomed special invited guests: former Greenburgh Comptroller, Norah McAvoy, and Village of Hastings-on-Hudson residents, Mary Jane Shimsky and Ken Tuccillo.

Norah McAvoy, who resigned as Greenburgh Comptroller effective September 12, was invited to attend the meeting so CGCA representatives could honor her for all her efforts over the years in providing information and explaining Town finances to the community. Refreshments were served and on behalf of the CGCA, Chairperson Madelon O’Shea presented Ms. McAvoy with a silver bowl. CGCA representatives thanked Ms. McAvoy for past kindnesses and wished her well in the future. Ms. McAvoy said she has spent the first two days in her new job as Treasurer of the Harrison School District learning about the district and thoroughly enjoying being around the middle school children. She indicated the atmosphere is very upbeat.

Madelon O’Shea distributed copies of a letter written by Supervisor Feiner regarding a proposal to create "Sidewalk Snow Removal Districts." She noted the issue has received mixed reviews in Edgemont. The Town apparently has the money to install sidewalks/footpaths. Many residents want sidewalks for the safety of children walking to school or people walking to the train station. However, few property owners wish to pay/assume responsibility for maintenance or the removal of leaves and snow from the sidewalks. Mrs. O’Shea noted that at a Town Board work session earlier this summer, Town staff stated there is not sufficient personnel or machinery for maintenance/clearing, and contracts would be given to private companies. Mr. Feiner offered no information on how the Town would assess costs (taxes) for a sidewalk district, given the snowfall variable each year.

Lorrin Brown and Esther Melon mentioned that no one maintains the footpath that runs along Payne Street – not even the Town, which owns property on the street. Elinore Gordon commented that a few years ago residents in her neighborhood asked for sidewalks after the death of a resident who was hit by a car while walking in the street. The residents rejected the idea when they learned they would be responsible for maintaining/clearing the sidewalks. Ms. Gordon noted that although her community would have paid taxes for a sidewalk district, the adjacent community would have benefited most from the sidewalks. Bill Greenawalt mentioned the lengthy amount of time it has taken to repair sidewalks in downtown Hartsdale and the potential costs of repairs. Ella Preiser said that two years ago the Town Board approved spending $125,000 a year in the capital budget for sidewalk repair. At that time Francis Sheehan questioned how much it would cost to repair all existing sidewalks in the Town needing repair and was told "million of dollars."

Mr. Sheehan raised questions about liability, noting the sidewalk district, not just the property owner, could be sued in the event of an accident. Thus, the district would have to collect taxes not only to maintain/clear the sidewalks but also to provide insurance coverage. Hal Samis suggested that a sidewalk, like a road, benefits more than just the abutting property owners. He stated that the decision of whether the Town has money/personnel/equipment to maintain sidewalks is a conscious decision by Town management. Mary Jane Shimsky and Ken Tuccillo mentioned the Village of Hastings-on-Hudson has few sidewalks but noted this is an issue village residents are discussing.

Bob Reninger reported that he and his neighbors continue to have concerns about the poorly maintained Greenburgh Shopping Center on Knollwood Road. During the hearings before the ZBA earlier this year regarding the Dunkin’ Donuts/Baskin-Robbins application for a special permit, issues such as the deteriorated paving and the illegal overnight parking of trailers were discussed. The only conditions imposed by the ZBA in granting the special permit deal with lighting and landscaping. Ella Preiser reported that at the Town Board work session today (9/16/03), the board opened a special meeting and referred to the Planning Board for review and recommendation the Dunkin’ Donuts/Baskin-Robbins amended site plan application. The applicant is requesting a drive-thru window. The Planning Board has scheduled a work session discussion on this application for its September 17 meeting. Mrs. Preiser noted that the community will have an opportunity to request better maintenance of the shopping center when the Town Board holds a public hearing on the amended site plan application.

CGCA representatives praised Esther Melon for her persistence in emphasizing that she was the duly elected President of her civic association when she addressed the Town Board at the meeting at Massaro Park on September 10, 2003. She told CGCA representatives that following the meeting board members toured the park building, which is badly in need of repair. She said that Supervisor Feiner called her the next day and promised to include money in the budget for repair of the building. He also offered the trailer currently used by the Planning Department at Town Hall if the community wanted it. She noted some community members were livid about this suggestion. Francis Sheehan said it was understandable that residents did not want a "trailer park" in the neighborhood. CGCA representatives advised Ms. Melon to make sure she receives written confirmation of any promises and urged her to address any correspondence to Town Board members as well as to Mr. Feiner.

Questions were raised and updates were provided about a number of previously proposed developments:

Alpine Tree Property. Bob Reninger informed that developers still are interested in a proposal to build housing at the Knollwood Road site.

Fortress Bible Church and School. No recent information has been provided on whether the Town’s consultant (at taxpayer’s expense) has completed the Final EIS for the proposed church/school on Dobbs Ferry Road. There was also no information regarding the Church’s lawsuit regarding the delay in the approval process or Supervisor Feiner’s suggestion that the purchase of a fire truck could speed the approval process.

Square Deal Farms. Ella Preiser noted that prior to today’s (9/16/03) Town Board work session, the attorney representing the applicant informally mentioned that papers were filed in June for the proposed residential subdivision on Secor Road. Planning Commissioner Mark Stellato said that the plans did not comply with recently adopted town laws.

Ella Preiser reported that Sam’s Club on Route 9A wants to sell gasoline to club members. The Zoning Ordinance specifically prohibits a gasoline station in the DS (Designed Shopping) zoning district and the Building Inspector has issued a decision denying a permit. Sam’s Club has appealed the Building Inspector’s decision to the ZBA, claiming that the proposed "Fueling Station" is not a traditional gasoline service station but a lawful accessory use to the existing principal use on the property. The ZBA has tentatively scheduled the application for a hearing at the October 16, 2003 meeting.

Mrs. Preiser noted there are other problems at the site that need to be addressed. Water from Sam’s Club drains into an open drain that runs along Warehouse Lane. During heavy downpours, the water spills from the drain, flooding neighboring property to the south. Esther Melon expressed concern that the open drain serves as a breeding ground for mosquitoes (West Nile Virus). Madelon O’Shea reported that she recently visited Sam’s Club and found ten trailers illegally parked in the lot. She noted that it is offensive when an establishment thumbs its nose at the Zoning Ordinance and then asks for special consideration.

At the Town Board meeting on September 10, 2003, the board approved a resolution authorizing the Supervisor to enter into agreements concerning the $1.2 million the Town will be receiving each year in rent from WestHELP over the life of the 10-year lease. The actual agreements, which the Town Attorney said would be ready "in a week or so," would permit the Town to transfer each year $650,000 to the Valhalla School District and $100,000 to the Fairview Fire District. In response to questions/statements made by Councilman Steve Bass at that meeting, Supervisor Feiner acknowledged that the $100,000 per year that was previously promised to the Mayfair-Knollwood Civic Association (M-KCA) would go instead into the Town’s general fund. Mr. Feiner stated if M-KCA residents found a piece of vacant land in their community, the money could be used to purchase it.

Bob Reninger told CGCA members that he questions the legal basis for this arrangement. He said the Town’s agreement to appropriate money to private groups appears to violate Article 8, Section 1 of the New York State Constitution. He mentioned he filed a FOIL request in regards to this issue and was provided a sheet of paper with everything blacked out except the dollar figure. He has appealed this denial of his FOIL request to the Town Board.

Francis Sheehan urged the CGCA to schedule a debate for candidates running for local office. He mentioned that no official debate appears to have been scheduled. Hal Samis noted that Mark Tenzer was holding a debate on October 6, 2003, at Town Hall for Town Supervisor candidates Paul Feiner and James Lasser. Mr. Sheehan stated that Mr. Tenzer does not represent an official organization as called for in the rules adopted by the Town Board for debates to be aired on Greenburgh Access Television.

CGCA representatives discussed the issue and noted that in the past the CGCA has sponsored only pre-primary debates because the League of Women Voters did not sponsor pre-primary debates. It was noted the LWV has always held a debate in Greenburgh prior to the general election. A resolution was passed agreeing to look into finding out why the LWV is not holding a debate and the possibility of putting together a debate sponsored by the CGCA.

Danny Gold reported that the Town Board has begun the SEQRA process regarding the purchase of Taxter Ridge in order to apply for a low cost loan. At the Town Board meeting on September 10, 2003, the board passed a resolution declaring its intention to assume Lead Agency status.

Mr. Gold noted that he and David Kreiness are discussing setting up a meeting with the Edgemont Community Council and the Trust for Public Land to answer questions about the acquisition of Taxter Ridge as open space.

As previously reported, the Planning Board closed the hearing (8/6/03) and subsequently closed the record on the Fuzzy Garcia request for a special permit to operate a restaurant. Nevertheless, the Planning Board invited Police Chief John Kapica to provide testimony on whether left-turns into the site should be prohibited. Madelon O’Shea noted that the ECC recently obtained accident reports from the Police Department, but they cannot now be included in the record.

In August, a Planning Board member questioned whether the ZBA condition limiting seating on the premises to 20 seats included benches, and the Planning Board sought an "explanation" from the ZBA. Francis Sheehan told CGCA representatives that nothing in the law permits the ZBA to give "explanations" so on procedural grounds the ZBA took no position at its meeting on September 11, 2003. In addition to benches and chairs, it was also noted there were stools at the restaurant. Ella Preiser reported that Planning Commissioner Mark Stellato told her that the Building Department sent someone today to count seats and found 16 chairs and 4 stools. Madelon O’Shea stated that she stopped by the restaurant on the way to tonight’s meeting and counted 20 chairs and 4 stools.

Madelon O’Shea reported that the ZBA public hearing, begun at the special meeting on September 11, 2003, will continue this week (9/18/03) on the request for a variance from the parking requirements for the proposed Portuguese restaurant on East Hartsdale Avenue. She noted there is no parking for any of the businesses on East Hartsdale Avenue and no other business has been required to obtain a parking variance. She questioned why this proposed establishment is being treated differently.

CGCA representatives expressed support for the proposed Portuguese restaurant and concern about the continued red tape. If a parking variance is granted, the applicant will need to go before the Hartsdale Center Contextual Review Board since a façade change is necessary to combine the former bank and cable TV studio storefronts. The applicant also would be required to seek a special permit from the Town Board. It was noted a lease for the space was signed April 1, 2003. The landlord has received no rent and most likely will not want to tie up the property indefinitely.

Francis Sheehan mentioned that Supervisor Feiner has sent packages of mail supporting this case to the homes of ZBA members instead of to the attention of the ZBA secretary. Mr. Sheehan noted that the ZBA is required to base its decisions on what is in the official case file. He said Mr. Feiner could be more helpful if the Town Board would amend the law it passed only two years ago that requires the Portuguese restaurant to have 40 parking spaces when there are none.

Ella Preiser told CGCA representatives that she was deeply troubled by Supervisor Feiner’s false statements about the CGCA that have been printed in recent issues of the Scarsdale Inquirer. Copies were distributed of recent articles in which Mr. Feiner labeled the CGCA as "a partisan organization," "a political party," "a special interest group," "the loyal opposition," and "out to help Jim Lasser, his Republican opponent." In a letter to the editor, Mr. Feiner wrote his requests to speak for 15 minutes at CGCA meetings have been repeatedly turned down. Mrs. Preiser told CGCA members that she has repeatedly told Mr. Feiner that CGCA meetings are open to all Greenburgh residents and although he would not be alloted 15 minutes of speaking time, he was invited to attend as a resident. She said she delivered that message to him most recently at the Town Board meetings on August 20, 2003 and September 10, 2003. [Copies were also distributed of two letters to the editor of the Scarsdale Inquirer (from Geoff Loftus and Mary Tobias) questioning Mr. Feiner’s proposal to appoint "community liaisons."]

CGCA representatives discussed the issue and noted that Councilman Steve Bass regularly attends CGCA meeting. A resolution was passed to send a letter to the Scarsdale Inquirer refuting Mr. Feiner’s false statements and explaining what the CGCA is about.

Danny Gold mentioned that the lawsuit filed by Bob Bernstein was dismissed based on a technicality. Mr. Bernstein noted that the court’s decision indicates the Town was required to release documents but his email requests for the documents were too casual and he didn’t exhaust his administrative remedies. Mr. Berstein said that the day after the lawsuit was dismissed he filed formal Freedom of Information Law (FOIL) requests for documents, including the option agreement and fee arrangement for acquiring Taxter Ridge. The Town has five days to respond to the FOIL requests. If the Town fails to respond within five days, Mr. Bernstein will appeal this failure to respond to the Town Board. The Town Board then will have seven days to respond to the appeal.

Mr. Bernstein noted that in one way dismissal of his lawsuit was a good thing since some of the most important documents (the new option agreement and tax certiorari settlement) didn’t come to light until after the lawsuit was filed. He told CGCA representatives that he has been in contact with the Committee on Open Government about this issue. He commented that there is a Court of Appeals decision that states a municipality may not use a private agency (such as the Trust for Public Land which is negotiating on behalf of the Town to buy Taxter Ridge) to evade obligations to disclose documents under FOIL.

Bob Bernstein told CGCA representatives that he filed a FOIL request in July seeking documents regarding the funds for equipment and franchise fees that Cablevision pays to the Town each year. He noted his FOIL request was triggered by an email Supervisor Feiner sent asking the schools for a wish list regarding the renewal of the cable franchise agreement. The franchise agreement provides for three channels – including one for education purposes – but that channel is rarely used because the schools have received no funds. He noted the school boards do not have the right to negotiate an agreement with Cablevision and without funding, school children have had no access to broadcast cable programming. He mentioned that the Town would probably certify that it has no documents indicating the Supervisor ever previously communicated with the schools about the education channel. What the Town did produce in response to Mr. Bernstein’s FOIL request reveals that the equipment fund currently contains approximately $135,000 that could support the acquisition of equipment for the schools.

Madelon O’Shea mentioned an article in today’s Journal News entitled "Ardsley board opposes Hastings development." Village of Hastings-on-Hudson residents Mary Jane Shimsky and Ken Tuccillo provided the CGCA with further information on this issue. The property is located on Route 9A, across the street from the Ciba-Geigy buildings. The site is within the Village of Hastings-on-Hudson, but in the Ardsley School District. The village previously turned down a proposed mega ShopRite store at the site. Ginsburg Development is proposing to build "Artist Walk" – a mixed-use development containing artist studios, shops, condominums and townhouses at the site.

Ms. Shimsky and Mr. Tuccillo told the CGCA the site is not zoned for residential units and the developer is trying to take advantage of a glitch in the code that was created when the downtown was rezoned six months ago. They noted there currently is a moratorium on development at the site pending a code correction. They mentioned that the site is the only light industrial zone left in the village where it would be possible to attract business/tax revenues without the need to provide services for residents. They noted many in Hastings question the impact on the river and the wisdom of placing residential units at this site next to buildings used by bio/chemical companies. CGCA members questioned if there was anything they could do. Ms. Shimsky and Mr. Tuccillo said they just wanted to keep the CGCA apprised of the issues.

On a related matter, Ms. Shimsky and Mr. Tuccillo told CGCA representatives that Ginsburg Development also has plans to build 550 residential units along the Hudson River in Yonkers, just south of the Village of Hasting-on-Hudson border. They noted the City of Yonkers would get the taxes, but Warburton Avenue, in the Hastings-on-Hudson downtown, would get the traffic.

CGCA representatives discussed the mixed-use development – Ridge Hill Village Center – proposed in the City of Yonkers, just south of the Greenburgh/Hastings-on-Hudson border. Forest City Ratner Companies propose construction of 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 850 residential units; and approximately 150,000 square feet of office and research facilities. Madelon O’Shea said the draft scoping document is flawed acccording to a multi-page letter submitted by Greenburgh Planning Commission Mark Stellato. Mary Jane Shimsky and Ken Tuccillo did not know whether the Village of Hastings-on-Hudson had been identified as an involved party in the SEQRA process.

David Kreiness reported that he has asked the Planning Department in Yonkers for additional information, especially concerning parking and traffic. He said he was told that at present the only planned access to the site is off of the Thruway – with a separate northbound exit, an entrance going north from the proposed facility and a crossover bridge for vehicles leaving to go south. He noted he was told the proposed roadway to the Sprain Brook Parkway won’t happen and it is unknown whether there will be any access to the site from the Tuckahoe Road area to the south. Apparently, no road is planned to connect the proposed Ridge Hill Village Center with the existing Austin Avenue shopping center housing Stew Leonard’s/Costco/Home Depot.

Ms. Shimsky mentioned that residents in two unincorporated Greenburgh neighborhoods – Donald Park and Clarewood – don’t attempt to leave their homes at certains hours because of the traffic from the Austin Avenue complex. Mrs. O’Shea noted that a number of Edgemont streets are also negatively impacted at certain hours of the day.

Francis Sheehan recalled that a court decision called for an alternative access route before any further development occurred in the Austin Avenue shopping center. Councilman Steve Bass indicated Mr. Sheehan was correct – Yonkers was supposed to choose one of four alternatives. It was noted that Target abandoned plans to build a store in the shopping center because of lawsuit delays.

Hal Samis suggested it is not an evil act for developers to purchase and develop land. Mr. Tuccillo said the burden of proof is on the developers to demonstrate there will be no adverse impacts. Mr. Kreiness noted he has written to Yonkers asking for additional alternatives – e.g., whether the present ownership could expand and make use of the land without demolishing existing buildings and imposing hardship on surrounding communities. Mr. Tuccillo suggested reaching out to Yonkers residents since the proposed residential units would negatively impact the Yonkers school system.

CGCA Changes Banks. The CGCA has moved its bank account from the Bank of New York to M&T Bank because of excessive monthly charges.

Health Clinic Files Site Plan Application. Bob Reninger reported that the Greenburgh Health Center has filed a site plan application for the former Cooke’s Florist property on Knollwood Road. The applicant purchased the property earlier this year and has proposed a 2-1/2 story, 25,000-square foot clinic and administrative building. The applicant feels no variances are necessary. Mr. Reninger noted that some area residents question whether a clinic meets the requirements of permitted uses in the LOB (Light Office Building) in the Zoning Ordinance.

Town Hires New Comptroller. At the work session this afternoon (9/16/03), the Town Board appointed Ann Marie Berg as the interim Deputy Comptroller, effective today until November 3, when she will join the Town as fulltime Comptroller. Ms. Berg currently is Comptroller of the Town of Eastchester and previously served in that capacity in Mount Pleasant. Deputy Comptroller Doreen Muentener was appointed as Interim Comptroller at the September 10 Town Board meeting but will be taking a maternity leave in a few weeks.

"Greenburgh 101" Class Scheduled. Bob Bernstein announced that a group of Edgemont civic associations will be sponsoring a forum entitled "Greenburgh 101." He noted there appears to be a need for basic information in Edgemont about the role of government in Greenburgh. The forum will be a nonpartisan effort – no candidates for public office will be invited. The program will take place from 8 to 10 p.m. at the Edgemont High School – LGI room – on Thursday, October 23, 2003. CGCA representatives are invited to attend.

Supervisor’s "Next Goal" a No Go. Ella Preiser reported that she followed up on an issue raised at the August 2003 CGCA meeting and questioned Planning Commissioner Mark Stellato about Supervisor Paul Feiner’s reported "next goal" to create a "prominent plaza environment" giving merchants more selling footage behind the stores on East Hartsdale Avenue. Mr. Stellato said he was on vacation when the Supervisor issued that press release and knows of no existing plans.

Approval Extension Requested by Route 119 Proposed Hotel. At today’s (9/16/03) Town Board work session, the attorney representing the applicant/owner of 600 White Plains Road requested a one-year extension of the site plan approval. The proposed 75,000 square feet, 5-story, 150-room hotel is being designed as a new prototype for all Sheraton Hotels throughout the country. The Town Board agreed to place the request on the agenda for the September 24, 2003 Town Board meeting.

Success Improving Quality of Life. Esther Melon informed CGCA members that North Elmsford has had some success in its quality of life battle against illegal roomers and boarders. A neighbor with an application before the ZBA for a special permit for roomers/boarders decided to withdraw the application. Another house in the neighborhood where there have been problems is for sale.

Compliance with New Laws Discussed. Madelon O’Shea reported that the community has raised questions at recent ZBA meetings about whether certain applications also comply with the new Zoning Ordinance amendments regarding FAR and increased setbacks. Bob Reninger suggested the civic groups should not be responsible for monitoring compliance. Ella Preiser stated it is the responsibility of the Building Department and other Town staff to determine compliance with all laws before applications are presented to the Planning Board, ZBA, or Town

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