COUNCIL OF GREENBURGH CIVIC ASSOCIATIONS
Minutes of Meeting – September 17, 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
Babbitt
Court 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.
Juniper
Hill Civic Association
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-nine (39) civic groups have paid dues for the year 2002 – an all time high. There is $883.75 in the treasury.
The September 17, 2002, CGCA meeting was held at the Theodore D. Young Community Center.
Minutes of the August 20, 2002, CGCA meeting, which had been mailed to CGCA representatives with notice of tonight’s meeting, were approved with one correction noted. On page 4 it was incorrectly reported that a Public Hearing on the DEIS for Avalon Green II would continue on September 25. The hearing has been closed, but written comments will be accepted until September 24.
CGCA members were saddened to learn of the deaths of two community activists: Sarah Gilbert from Hillside Wyndover and Sandra Sunderland from Manor Woods.
CORRESPONDENCE/COMMUNICATIONS
Madelon O’Shea reported receipt of a letter, dated September 12, from Supervisor Paul Feiner regarding his latest plan for a new Town Hall or Library – the office building at 177 Hillside Avenue. It was noted that this letter, which arrived on September 13, was obviously prepared and mailed in advance of the meeting of Mr. Feiner’s Town Hall/Library Relocation Committee at 4:30 p.m. on September 12.
CGCA members discussed and passed a resolution supporting the position of the Town Planning Department and the Edgemont Community Council that the land adjacent to the property containing the “slave quarters” has historical significance. Mrs. O’Shea will communicate this vote to the New York State Office of Parks, Recreation and Historic Preservation.
CGCA members asked Mrs. O’Shea to speak with Town Clerk Alfreda Williams about whether tables and chairs could be set up in the hallway at the rear of the auditorium for future CGCA meetings. It was noted that because of the high ceiling, acoustics are not good in the front of the auditorium, and there would be insufficient room to accommodate the representatives who usually attend CGCA meetings.
It was noted the Greenburgh Democratic Party and the Hillside Wyndover CA are also holding meetings this evening. Mrs. O’Shea mentioned she had already spoken with HWCA members. She was asked to contact the Democratic Party leadership to urge that meeting dates not conflict in the future.
COMMITTEE TO MEET WITH TOWN BOARD ON AVALON GREEN II
Danny Gold reported that the Inter-Municipal Advisory Committee for Avalon Green II will meet with the Town Board at its work session on September 24 at 4 p.m. The Committee will present its recommendation regarding the maximum development that should be permitted on the Nob Hill, Taxter Road site. The Committee will also submit additional written questions on the Avalon Green II DEIS. Mr. Gold noted that the Robert Martin Company, owner of the property, had its planning firm submit a report rebutting the conclusions reached by independent traffic engineers (Adler Associates) hired by the Village of Elmsford. Adler responded to the report. The Riverkeepers, an environmental group, has also submitted a two-page letter regarding the Robert Martin Company’s proposal to build 794 rental units on this site.
NEGOTIATIONS CONTINUE TO PRESERVE TAXTER RIDGE
Danny Gold reported that Supervisor Feiner has written letters to State Senator Nicholas Spano and State Assemblyman Richard Brodsky seeking funding from the state to purchase the 200 acres of property off of Taxter Road owned by the Unification Church. The letters noted that the Trust for Public Land’s option to purchase the property expired in August but has been extended to December. Mr. Feiner reaffirmed the Town’s commitment of up to $3 million toward the purchase of the property.
Mr. Gold informed CGCA members about an additional 35-acre site in Tarrytown (Gracemere) owned by the Unification Church, which may become part of the negotiations by the Trust for Public Land. Acquisition of this site could link 1000 acres in a Greenway Trail network because the old Croton Trail cuts through the property. There is an existing house and parking lot on the site that could serve as a nature center. A proposed 16-house development currently is being considered for the site.
MIDWAY SHOPPING CENTER OWNERS PETITION SHOPPERS
David Kreiness reported that the owners of Midway Shopping Center have set up tables in front of stores in the shopping center, displayed renderings of the proposed expansion and asked shoppers to support the proposed expansion by signing a petition and/or mailing/emailing a pre-printed letter to Supervisor Feiner. The owners are claiming they have met with the community and the community wants the Town Board to grant approval to “rejuvenate” the shopping center with upscale, boutique-type stores. The owners insist they can’t afford to rejuvenate the buildings, parking lot, lighting and landscaping unless 23,000 square feet of additional retail space is approved. The owners are promising not to use their as-of-right (granted by the court) 108,000 square foot basement level.
Mr. Kreiness noted that Edgemont community members have been meeting and are preparing to address this expansion proposal when it comes before the Town. It was noted there would be an enormous impact on traffic in the area. The proposal calls for only one entrance off of Ardsley Road for both trucks and cars instead of the existing two entrances and one exit. Jim Lasser mentioned there are questions whether tandem tractor-trailers would be able to make the turn from Ardsley Road into the loading docks. The Police Chief has been asked to review the potential traffic impacts.
UPDATE – ZBA CASES
CGCA members discussed the following cases that will be heard by the ZBA this Thursday (9/19):
Case No. 01-47. The applicant, Exeter Holding Corporation, lacks the required lot width and frontage on a road improved to Town standards. The property is located on Fort Hill Road in Edgemont but will have access through a City of Yonkers subdivision. Edgemont residents have concerns about this proposal, and neighboring property owners in Yonkers have asked that the variances be denied.
Case No. 02-02. White Plains Dodge is requesting a Special Permit to expand its dealership to property on Yellowstone Avenue to store, service, wash, repair, and sell vehicles and auto parts and accessories. The applicant will provide additional landscaping and, in response to the Fairview Fire Department’s comments, wider fire lanes. CGCA members continue to have concerns about signage for the site and the illegal parking of vehicles in the front yard of the Dodge dealership on Route 119.
Case No. 02-17. AT&T is requesting a Special Permit and several variances to co-locate cellular antennas on an existing unattractive monopole on property at 313 Central Park Avenue. The case likely will be adjourned so the technical consultant hired by the ZBA can review the application. It was noted that if the consultant agrees there is a need for coverage in that area, the ZBA hands will be tied. Lynn Sperandeo noted that she has an AT&T cellular phone and the service is very poor.
ADDITIONAL WAIVERS FROM THE MORATORIUM LAW GRANTED
CGCA members raised questions about the number of applications for waivers from the Moratorium Law. It was noted that the Town Board granted two waivers at the August 21 Town Board meeting. One property contained steep slopes, but the board granted permission to allow the owner to apply for “subdivision” to aggregate lots to build a house for a handicapped elderly relative. The second waiver granted by the board would permit the owner to apply for re-subdivision of property to include a sliver of land. CGCA members noted this sliver of land is in another school district, and the owners would have the right to choose which school district their children attend.
Ella Preiser noted that the Town Board considered decisions on four waiver applications at today’s work session. One decision was put over until October 1. Straw votes were taken on the other three applications. The board will grant one application seeking subdivision to aggregate lots. The board will deny the other two applications, which are seeking waivers to apply for subdivision. The Castlewalk application contains steep slopes and the Crane Pond application includes a proposal for a new large house that would exceed the proposed floor area ratio legislation. It is expected that the Town Board will formally render decisions on these waiver applications at the September 25 Town Board meeting.
MORATORIUM LAW WAIVER – SOLOMON SCHECHTER SCHOOL BALLFIELD HEARING POSTPONED – WAIVER MAY NOT BE NECESSARY
The public hearing was continued at today’s Town Board work session on Solomon Schechter School’s application for a waiver from the Moratorium Law regarding site plan amendment to change the softball field to a hardball field. The meeting, originally scheduled for 2:30 p.m., did not begin until 3:45 p.m. because of lack of a quorum. Supervisor Feiner was not at today’s work session.
Stephanie Bellino reported that she spoke at the Public Hearing as President of the Central 7 School Board. The School Board had voted to take no position – for or against – the waiver as to steep slopes and wetlands. Since the proposed hardball field is adjacent to Pat Capone Road, the School Board’s main concern is safety – that a foul ball could strike a person/vehicle using the road to access school grounds or the Stone Oaks Condominium. At the hearing, Councilwoman Timmy Weinberg stated that the issue of safety should be brought up when the application comes before the Planning Board. Ella Preiser pointed out that the applicant had requested a waiver from amended site plan approval and there would be no opportunity for public input if the waivers were granted. Mrs. Bellino also noted that Solomon Schechter had not contacted Central 7 about possible use of its ball fields. She suggested that Solomon Schechter contact Central 7’s Facility Director since there was a good possibility Central 7 could accommodate Solomon Schechter’s need for a ball field. She also noted that there were other members of the school board that wanted to be present but could not make an afternoon meeting without sufficient notice. The board adjourned the hearing to the September 25 Town Board meeting to give the applicant the opportunity to contact Central 7.
Ella Preiser reported that she spoke of behalf of the CGCA at the hearing, indicating that we had discussed this application at the August 20 CGCA meeting and agreed that a hardball field was not a hardship and the waiver should be denied. She told CGCA members that she also spoke as an individual and objected to the board holding a public hearing in the afternoon when members of the public could not attend. She found the timing particularly objectionable since she had been told at 4:50 p.m. yesterday that it was not certain whether a work session would take place today.
CGCA members continue to have concerns regarding this waiver. Should it be granted, it would set a terrible precedent because of the steep slopes and wetlands on the property. It was also noted that 14 parking spaces would be removed. The applicant’s attorney said today those spaces were for future expansion. Questions were raised about whether variances would be requested for those parking spaces in the future or additional parking spaces would be built in the wetlands on the property.
PROPOSED
“COMPREHENSIVE” PLAN REMAINS CONTROVERSIAL
TOWN
BOARD CONTINUES TO WITHHOLD REVISED LEGISLATION FROM PUBLIC
CGCA members discussed the status of the “Comprehensive” Plan. It was noted that the Public Hearing on the Draft Generic Environmental Impact Statement will continue on September 25, and the Planning Board is scheduled to discuss the DGEIS at tomorrow’s meeting. Ella Preiser reported that Planning Commissioner Mark Stellato has presented updates to the Town Board at its last two work sessions, emphasizing that the Planning Board will be making recommendations regarding the plan. Mrs. Preiser noted she asked at today’s work session whether the original Saratoga document had been reviewed and corrected. She was told the Planning Board had filed a report on the errors. She also asked at the work session when the community would receive copies of the revised steep slopes and wetlands laws. Town Attorney Susan Mancuso responded that the original laws are still out there.
CGCA members are very troubled that the Town has not provided revised legislation to the community. The Planning Board, the community and developers all criticized the original draft steep slopes and wetlands laws. The DGEIS does not directly address the formulas in the draft laws. It was noted that attorneys for the large developers have already threatened litigation if the Town does not follow proper procedure in adopting the “Comprehensive” Plan or imposes confiscatory steep slopes or wetlands laws.
Madelon O’Shea mentioned that the current moratorium on developing properties with steep slopes and wetlands does not apply to already subdivided properties. She noted that on property off Central Avenue (behind Office Depot), which contains extremely steep slopes, the trees have been removed and the slope is being leveled and terraced. It was reported that the closest neighbors have been told there may be blasting and they may want to have their properties videotaped before and after the blasting.
ENERGY CONSERVATION LAW EXCLUDES COMMERCIAL BUILDINGS
CGCA members reminded that Supervisor Paul Feiner stated in an email on April 17 that he had already introduced legislation that would apply to both commercial and residential buildings. When members of the public asked on June 12 why commercial buildings had not been included, Mr. Feiner promised to deliver proposed legislation within 30 days. The promise has not been fulfilled.
As CGCA members correctly predicted during their August meeting, the Town Board adopted legislation at the August 21 meeting, requiring one and two family dwellings and multi-family dwellings of three stories or less to meet the requirements for a New York ENERGY STAR-labeled home. CGCA members noted that adoption of this law was a “done deal” before the Public Hearing opened. Channel 12 News reported passage of the law as the lead story at 10 p.m., even though the Public Hearing was ongoing and the actual vote did not take place until 10:15 p.m. Supervisor Feiner appeared bored and impatient during the hearing. After a considerable amount of input from Francis Sheehan and Ella Preiser, the board voted to amend the law to apply to new dwellings only.
ENFORCEMENT NOW CONSIDERED ONLY AFTER WRITTEN COMPLAINTS
Madelon O’Shea noted that at a Joint Meeting of the Town Board, Planning Board and Zoning Board of Appeals on May 29, 2002, during a discussion on enforcement, Building Inspector John Lucido stated that he did not have enough inspectors and needs the eyes and ears of the community. Mrs. O’Shea told CGCA members that an Edgemont resident called the Building Department about a house that was being built without permits. The resident was told to put the complaint in writing and the department would decide what to do and whether to send an inspector out. It was noted that other residents who have reported similar violations to the Building Department have been told that they must first put their complaints in writing.
Jim Lasser told CGCA members that he would be willing to take digital photographs of any violations and email them to the Town, with copies to the media. He noted that this procedure produced results when there was a controversy about the proper re-paving of a street in front of an Edgemont school.
CGCA RESOLUTION CALLS FOR END TO “ROAD SHOW” TOWN BOARD MEETINGS
Ella Preiser noted that at last month’s CGCA meeting, members passed a resolution to send a letter to the Town Board urging that community outreach meetings be separated from regular Town Board meetings and that all regular Town Board meetings be held inside at Town Hall. Because of vacation schedules, the letter was not sent. It was noted that no more outdoor meetings are scheduled for this year. There was consensus that it was important to send the letter and ask the board to consider the health, safety and welfare of the public when scheduling meetings for next year. CGCA members mentioned the many uncomfortable and even dangerous conditions the public endured when attending these outdoor meetings. Since the August CGCA meeting, a New York City resident has died of West Nile Virus and infected birds have been found locally. The Health Department informed Supervisor Feiner that it was not recommending canceling outdoor events; however, the department issues warnings to avoid unnecessary outdoor activities at dusk. Outdoor meetings are unnecessary.
CGCA members noted Mr. Feiner has stated in the press that outdoor meetings attract people who normally would not attend a Town Board meeting and he receives better ideas and different complaints. Mrs. Preiser told CGCA members that she has kept track of who spoke during the “Public Comment” period at “road show” Town Board meetings this summer. She noted, contrary to Mr. Feiner’s claims, every person, except one, who spoke had also attended meetings at Town Hall.
AFTER
SIX MONTHS WITHOUT STUDIO, TOWN BOARD SIGNS LEASE
CABLE
ADVISORY BOARD TO PRESENT RECOMMENDATIONS TO TOWN BOARD
Ella Preiser mentioned that Supervisor Paul Feiner stated at the Town Board meeting on September 3 and during an interview on “Meet the Leaders” on Channel 60 that he favors creation of an independent board to oversee Greenburgh’s cable television system. She noted he told the Cable Advisory Board (CAB) on July 23 he wanted an interim board for a year and will assess how the interim board works.
Mrs. Preiser reported that at the September 9 CAB meeting, Town Clerk Alfreda Williams announced a check had been drawn and the Town was signing a four-year lease for 1100 square feet of space on the second floor at 297 Knollwood Road for a cable studio. A floor plan of the space was given to CAB members. Part of the space will be used for record storage for the Town Comptroller’s office. Ms. Williams told the CAB the Town was hoping to gain occupancy by September 16, and that some walls had to be moved and outlets changed. It was expected that use of the studio could begin on October 1. Ms. Williams would not disclose the price. Mrs. Preiser told CGCA members she learned today that a check had been delivered for the studio, but the lease term was reduced from four years to two years.
At the September 9 meeting, the CAB also worked on finalizing its recommendations regarding public access to Greenburgh’s cable television system. The CAB plans to include the creation of an interim governing board as called for by Mr. Feiner on July 23. It will have some decision-making powers and will be comprised of the Town Clerk, a Town Board member, and two members of the CAB. It was pointed out that the board should include a fifth member. The CAB will also recommend that two positions be filled – a Station Manager for $40,000 to $55,000 a year (amount depends on whether benefits are offered) and a technical “Operations” position for $30,000 a year. One of the CAB members had recommended $28,000 to $30,000 a year for the Station Manager but was told nobody would take the position since clerks earn more than that at Town Hall. Francis Sheehan told the CAB members that he was troubled they appeared to be abandoning the idea of recommending a totally independent board to oversee public access cable television. CAB members said it was an oversight and agreed to include the call for an independent board when they make their recommendations to the Town Board at the meeting on September 25.
TOWN PREPARING TO FAST TRACK PURCHASE OF 177 HILLSIDE AVENUE FOR NEW TOWN HALL OR LIBRARY
CGCA members discussed Supervisor Feiner’s latest plan for a new Town Hall or Library. Hal Samis noted he received an email from Mr. Feiner on September 6, stating there would be a meeting of the Town Hall/Library Relocation Committee, open to the public on September 12 at 4:30 p.m. About 3:30 p.m. on September 12, Mr. Samis and others received another email identifying the property for a new Town Hall or Library as the insurance building at 177 Hillside Avenue. Mr. Samis said he arrived at 4:25 p.m. and found the meeting had already started. He asked a number of questions including whether the building was listed for sale, the asking price, whether a broker was involved, and if someone had a right of first refusal. Mr. Feiner would not respond and Arnold Laubich, who is on the Committee, indicated the information had to be kept secret at this time. When Council members Eddie Mae Barnes and Steve Bass arrived, this Committee meeting was turned into a special meeting of the Town Board, although no notice had been given. The board passed a resolution to hire an appraiser. In response to a question from Mr. Samis, Mr. Feiner responded between $3,000 and $18,000 was approved for the appraisal. The board passed another resolution to begin “friendly” eminent domain proceedings, purportedly to establish the fair market value of the site.
CGCA members agreed they lacked sufficient information to arrive at any decision on this matter, but noted Mr. Feiner has once again started off on the wrong foot in communicating with the public. He notified only certain people. One Fairview resident attended the meeting and expressed support because the building would be in “Greenburgh” rather than Elmsford or Ardsley. (The post office address of the building is White Plains.) Elinore Gordon who lives down the street from the building said her community was not notified. Other Fairview civic leaders also were not notified. Although the public was not provided information on the price, the same day Mr. Feiner told a Journal News reporter the cost was $5 to $5.5 million, and he spent considerable time with a reporter from the Scarsdale Inquirer after the meeting.
DOCUMENTS PROVE SUPERVISOR FEINER LACKED AUTHORITY TO BAN GOVERNMENT BOARDS AND COMMUNITY GROUPS FROM USING TOWN HALL
Ella Preiser informed CGCA members that for almost nine months Supervisor Feiner illegally barred community groups and some official boards, such as the Antenna Review Board, from using Town Hall for evening meetings. Under state law, the Town Board is given authority to establish policy, not the Supervisor. While board members Eddie Mae Barnes and Steve Bass publicly stated they believed the community should have access to Town Hall, they lacked the political will to put forth a motion to overturn Mr. Feiner’s over-reactive “anti-terrorism” security measures. Based on an opinion from the Town Attorney, Mr. Feiner claimed he had the right to dictate policy because the board took no action. In fact, a previous Town Board had passed a resolution giving community groups access to Town Hall, and confirming that Town government boards and committees have always had access.
Thirty years ago, the Town Board denied many community groups the right to use Town Hall for evening meetings. In 1971, the CGCA was denied permission to use Town Hall for a debate between candidates running for Town-wide offices. When the CGCA sought to discuss this denial, the Town Board hurriedly passed a resolution “to reaffirm and clarify” the Town’s policy for use of the building. The policy gave access to political organizations, politicians, and the Town’s boards and committees, but denied access to community groups. Documents also show the Town Board granted access to other groups it favored. Seeking reasonable rules regarding the use of Town Hall, the CGCA launched a petition drive. A total of 64 civic groups, church groups, political parties and business organizations signed the petition, which was presented to the Town Board. When the board indicated it would continue its discriminatory policy, the CGCA filed a lawsuit in federal court.
The court granted preliminary injunctive relief, requiring that Town Hall be made available for the CGCA to hold a debate for Congressional candidates that fall. Within a few weeks of the court’s order, the Town Board unanimously passed a resolution granting access to community groups.
Mrs. Preiser said although community groups now have access to Town Hall, she questions whether the resolution passed by the current Town Board on June 26 is valid, since the previous resolution has never been rescinded. She also noted that the new policy is not being enforced uniformly.
MISCELLANEOUS
Babbitt Court – Flood Mitigation. Ella Preiser reported that Town Engineer Mike McGarvey informed her today that SEMO and FEMA will attend a meeting at 7 p.m. at Town Hall on Monday, September 23, to discuss a FEMA grant to elevate the homes in the Babbitt Court area to protect them from flooding of the Saw Mill River. The grant was applied for earlier this year after a committee (including representatives from the CGCA) prepared the necessary Floodplain Management and Flood Hazard Mitigation Plan for the Town.
Hackley School DEIS. At today’s work session, the Town Board was informed that the Environmental Impact Statement on the proposed expansion at Hackley School is complete and ready for circulation. At next week’s meeting, the Town Board is expected to officially accept the DEIS and schedule a Public Hearing to be held on October 23.
Cablevision to Give Credit for Outage. Stephanie Bellino inquired whether other members had experienced an outage on cable television last week. Several members had. Ms. Bellino said she called Cablevision and was told that everyone would get a minimum of two days credit and a letter of apology if she provided phone numbers or email addresses. Jim Lasser and Lynn Sperandeo noted Cablevision was switching to digital/optical service in the area.
Millennium Gas Pipeline. It was noted that the U.S. Commerce Department is scheduling a hearing in Tarrytown on November 13 to obtain public input on the proposed natural gas pipeline. Earlier this year, New York State Secretary of State Randy Daniels issued a ruling prohibiting the pipeline from crossing the Hudson River at Haverstraw Bay. All sides are preparing briefs on this controversy.
Homeless Shelters. Prior to the meeting, Alice Moroney notified the CGCA that she learned last Thursday that the contract extending the lease for the WestHELP homeless shelter near Westchester Community College had not been signed. The contract is currently before the Westchester County Board of Legislators.
New Furniture Store Coming to Central Avenue. Stephanie Bellino mentioned the “Demolition Sale” sign in the windows of the furniture store at 155 Central Avenue (across from Webb Field). The Planning Board granted site plan approval on June 19 to demolish the three buildings on the site (two residences) and replace them with one building.
A copy of the Hillside Wyndover Civic Association summer newsletter was given to the CGCA.