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 2004 dues from the following civic groups:

Ardsley Estates Civic Association
Ardsley – Hillcrest Park 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.
Knollwood Manor Civic Association
Knollwood Neighborhood Civic Association
Longview Association
Lower Manor Woods Neighborhood Association
Mayfair-Knollwood Civic Association
North Elmsford Civic Association
Northern Greenville Association
Parkway Gardens 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 Edgemont Association
The Sprain Road Association
Westchester Hills Condominium
Winding Road Farm Association
Woodhill Civic Association
Woodlands-Bradley Civic Association

Thirty-nine civic groups have paid dues for the year 2004 and several groups have prepaid dues for the year 2005. There is $1326.25 in the treasury.

The September 21, 2004 meeting was held at the Theodore D. Young Community Center.

CGCA representatives extended "Happy Birthday" greetings to Madeline Saporito and welcomed Christine Gencarelli, a resident and member of the Board of Managers of The Colony at Hartsdale, to her first CGCA meeting.

CGCA representatives opened the meeting with a moment of silence in memory of David Kreiness, who died unexpectedly on August 25, 2004. Mr. Kreiness was President of the Edgemont Community Council (ECC), an active regular participant at CGCA meetings and an active community advocate at meetings of the Town Board, Planning Board and Zoning Board of Appeals. He also served as co-chair of the Greenburgh committee regarding the proposed Ridge Hill development in Yonkers. His passing leaves a great void. Madelon O’Shea said that in the future the ECC would be looking into an appropriate memorial in Mr. Kreiness’ name. CGCA representatives at the meeting agreed that the CGCA should consider contributing to such a memorial.

Madelon O’Shea reported she has been informed that the architect’s plans for an expanded library would not be ready in time for the special joint meeting between the CGCA and the Library Board that was scheduled for October 14, 2004. As a result, the meeting has been rescheduled to November 4, 2004. She has received assurances that plans would be available by that date. The CGCA will send a separate mailing inviting civic association presidents or their representatives to the meeting.

Ella Preiser said she was troubled to read in the September 17, 2004, issue of The Scarsdale Inquirer, David Gottlieb’s article entitled "Greenburgh Library board opts for 2005 expansion bond issue." She noted that although the public was told at the July meeting of the Library Board there would be no August meeting, a meeting took place on August 19, 2004. Apparently legal notice of the meeting was given by posting a sign on the Library door. Robert Reninger reported that today he obtained a copy of the draft minutes of the meeting. The Library Board approved a plan at that meeting to seek a public vote on the proposed expansion/renovation. The minutes reveal that Library Board Chair Howard Jacobs asked the group, Friends of the Library, which has about $70,000 in its treasury, to contribute $20,000 to the cost of a publicist. The group refused. Library Board members expressed concern and agreed to look into the role of the Friends and the laws regarding funding of non-profit groups.

Hal Samis commented on the fact the Library Board did not bother to reach out and inform even one member of the community about the August meeting. He noted several CGCA representatives and other members of the community regularly attended previous Library Board meetings. He pointed out the Library Board is now questioning the "cumbersome arrangement" the board faces in having to deal indirectly with the architect through the Town Assessor Gerry Iagallo. Mr. Samis said it was strange that the architect was apparently drawing up plans without a survey. He questioned whether the CGCA should reconsider holding a joint meeting with the Library Board.

Mrs. O’Shea said the CGCA would monitor the situation. She said she told Library Director Demita Gerber and Mr. Jacobs that it would be important to provide answers to a number of questions including costs of expansion/renovation, ownership of the land and whether a survey exists. Mr. Reninger noted FOIL requests of the Broadview CA to see the survey have been ignored. Mr. Samis suggested preparing a letter detailing issues the CGCA would like addressed at the November 4 meeting. CGCA representatives agreed and Mrs. O’Shea will send a letter.

It appears that the Town Board will sign a stipulation and declare its intent to assume Lead Agency status under SEQR at tomorrow’s (9/22/04) meeting regarding the Union Baptist Church’s proposal to expand its sanctuary and administrative building on Manhattan Avenue. The Church will need to obtain re-subdivision approval and site plan approval from the Planning Board and a variance from parking requirements from the Zoning Board of Appeals. Under the usual procedure, the Church would not be required to obtain any approval from the Town Board, however, a provision in the Urban Renewal district of the Zoning Ordinance refers to Town Board approval of a "Comprehensive Development Plan." Although the approved Urban Renewal Plan was adopted in the 1960s, the Town Board has never updated the Zoning Ordinance. The Church prefers its application be processed under this section, rather than the site plan provisions of the Zoning Ordinance.

Ella Preiser noted that Reverend Williams and other representatives from the Church attended the Town Board work sessions on September 7 and 14, 2004. The Church was upset with the stipulation regarding the process to be followed that was recommended by the Town Attorney’s office. Town Board members Eddie Mae Barnes and Diana Juettner agreed to meet with the Church’s representatives and the Town Attorney to iron out disagreements regarding the wording in the stipulation.

The Town Board will also be required to correct a SEQR violation. A while ago, the Town Board voted to convey a portion of Warren Avenue that is a paper street to the Union Baptist Church. It was subsequently discovered that the Town failed to make a SEQR determination regarding the property conveyance so the vote is invalid.

Robert Reninger noted that it is interesting that the Church is insisting on a Town Board approved Comprehensive Development Plan. He noted that Commerce Bank which is planning to take over the property the Greenburgh Health Center currently occupies on Tarrytown Road in the Urbran Renewal District is preparing a site plan application.

Madelon O’Shea pointed out there are three new cases on the agenda for the ZBA meeting on Thursday, September 23, 2004, all filed by Omnipoint for cellular antennas. Two of the cases involve co-location on existing structures – (1) on the "flagpole" at 301 Old Tarrytown Road, near Town Hall, and (2) on the monopole on Route 9A near the border with Mount Pleasant. The other application seeks permission to erect a new monopole at 280 Dobbs Ferry Road, near Stadium Road.

Mrs. O’Shea noted that the ZBA has scheduled a supplemental meeting for Thursday, September 30, 2004, to help alleviate the ZBA calendar of cases. She expressed concern about one application on the agenda that requests an increase in the maximum floor area ratio of almost 1,000 square feet (28%) to construct an addition on a house. The CGCA will question whether this large a variance is appropriate in the neighborhood.

Ella Preiser told CGCA representatives that she did not speak on behalf of the CGCA on proposed amendments to the Tree ordinance at the public hearing on August 22, 2004. She said she was unwilling to stand in the dark in the wet grass at Harts Brook and try to read her notes with a flashlight. The Town Board voted to continue the hearing on September 22. Teri Tori called Mrs. Preiser on September 18 and told her the Conservation Advisory Council (CAC) had made revisions to the proposed amendments and had posted them on the Town’s website. Today (9/21/04) Mrs. Preiser obtained a copy of the revisions. She told CGCA representatives the CAC’s new suggestions were more positive and include reducing the notice requirement from 500 to 100 feet and not requiring notification in the event of a dangerous condition. However, the proposed amendments still appear to be onerous and unenforceable. She said she would not have time to digest the latest revisions before tomorrow’s Town Board meeting.

CGCA representatives discussed the concept and agreed the tree ordinance should be amended. Danny Gold said he received about ten emails today about the amendments. It was agreed that care should be taken to avoid creating onerous and/or unenforceable regulations. The CGCA also recommends hiring a Forestry Officer with real credentials. Madelon O’Shea noted that the ECC discussed the issue at its meeting last week and came to similar conclusions.

Madelon O’Shea mentioned that on October 6, 2004, the Planning Board will hold a work session discussion on the proposal to relocate Pizza Hut from its current freestanding building near Central Avenue to the northern end of the main building in the Midway Shopping Center. Pizza Hut will need additional parking spaces to accommodate a proposed 1,000 square foot expansion.

Mrs. O’Shea said the ECC has concerns about whether the shopping center has the required number of parking spaces because of the new mix of tenants and reconfiguring of the parking lot. She noted the lower floor of the freestanding building formerly occupied by The Wiz has been rented to Tranquility Spa and this use also requires additional parking. Concerns have also been raised about plans to close some Ardsley Road access/egress points.

Christine Gencarelli and Madeline Saporito reported on the meeting held today at the Westchester Square Shopping Mall on Central Avenue to discuss problems, including noise, that have plagued residents of the Colony for months. Among those attending the meeting were: representatives of Hampshire Management, Yonkers Contracting and their attorney; a number of Board of Managers members and residents of the Colony; the Colony’s attorney; a secretary from State Assemblyman Richard Brodsky’s office; Scarsdale Inquirer journalist Susan Wolfert; ZBA member Francis Sheehan; and CGCA Chair Madelon O’Shea. Arriving 45 minutes late were Town Board members Eddie Mae Barnes, Steve Bass and Diana Juettner; Town Clerk Alfreda Williams; and Town Attorney Susan Mancuso. Supervisor Paul Feiner and Councilwoman Timmy Weinberg did not attend the meeting.

Ms. Gencarelli and Ms. Saporito told CGCA representatives that since March residents of the Colony have been making phone calls, writing letters/emails and attending meetings with Hampshire Management, with Building Inspector John Lucido and with members of the Town Board about their problems with the shopping center. The temporary Certificate of Occupancy for the Trader Joe’s store is set to expire at the end of this month (September) and residents want assurance all conditions of the approvals are met before a permanent Certificate of Occupancy is issued. It is expected the temporary certificate will be extended once again but there is also a threat Trader Joe’s will be thrown out if the problems aren’t resolved. Residents concerns focus on three areas.

(1) Noise. The Building Inspector suggested the Colony’s pool pump was noisy and that the noise from the shopping center was from uncompleted work at Trader Joe’s. The pool, in fact, is closed. Residents believe units on the roof of the shopping center produce the noise. They noted Trader Joe’s spent in excess of $30,000 trying to buffer its cooling system. A chain link fence with privacy slats was installed on the roof and the Building Inspector said this has reduced the noise level by six decibels. Residents claim this reduction does not satisfy the condition imposed by the ZBA in granting a variance to the shopping center. At today’s meeting, the residents were promised that an acoustical engineer would be sent to measure decibel levels at their homes late at night when all compressors and systems at the shopping center are turned off. Buffering will then be designed to achieve that decibel level.

(2) Transformer. An electrical transformer has been placed at the rear of the shopping center near the Colony’s property line. Residents claim the placement of the transformer violates the site plan, which showed the transformer at the front of the property at the southeast corner near the stone wall. An enormous green enclosure has been placed around the transformer to buffer the noise from it. Residents are concerned that the transformer at this site creates a health issue in addition to visual pollution. Questions were raised about whether the enclosure is a structure, like a shed. The Building Inspector said it is not a structure. Residents would prefer that the transformer be placed near the existing electrical room or underground.

(3) Chains. As part of the original plans, posts were erected in front of the Marshall’s store and around the Best Buy store. Chains and a lock box were to be attached to the posts to prevent delivery trucks from entering the rear of the stopping center and idling their motors at the loading docks during the overnight hours. In addition, posts were put behind Trader Joe’s although they were not in the original plans. The shopping center has refused to place chains on the posts in front of the Marshall’s store. The residents were told the shopping center will be filing an application for a waiver from this condition in the approval granted by the ZBA.

Ms. Gencarelli and Ms. Saporito asked CGCA representatives for any advice they could give. A discussion took place but there was no consensus on whether to involve Trader Joe’s in the matter rather than just the shopping center management. Mrs. O’Shea recommended that residents of the Colony sit tight and wait until the acoustical engineer takes readings. Danny Gold suggested the need for a record and recommended that someone document what was said/promised today. Hal Samis questioned why Supervisor Paul Feiner had not attended the afternoon meeting since he was the one who initially established the meeting time and date. Mr. Feiner belatedly tried to change the date of the meeting with the Colony. Since residents had already made arrangements to take time off from work to attend the meeting, they were unwilling to change the date.

Copies were circulated of a September 17, 2004 article in The Scarsdale Inquirer by Susan F. Wolfert, entitled "Residents question Feiner on campaign contribution," which included the subtitle "Still sleepless in Hartsdale," detailing the issues raised by residents of the Colony.

LCOR, owners of the 182-acre Landmark at Eastview property, is requesting an amendment to the Zoning Ordinance that would eliminate the need to own a 75-acre parcel when there is a building bridging a public road. This provision in the Zoning Ordinance was created in the 1960s when Union Carbide sought approval to build the "spine" building to connect buildings the company owned on either side of Old Saw Mill River Road. LCOR commissioned a study that found the provision would apply to no other parcel in the Town. LCOR is seeking subdivision approval for the property. One lot of 15.95 acres containing the training facility would be sold to Madison Square Garden. A second lot of 65 acres would contain the existing office buildings/laboratories (including the spine building) and the 320,000 square feet of additional buildings approved in 2001 but not yet built. A third lot would consist of 100 acres of mainly undeveloped land. At the September 1, 2004 meeting, a Planning Board member questioned the proposed subdivision lines. The attorney for LCOR said the subdivision and code change to eliminate the 75-acre requirement was necessary to obtain financing for the additional construction. The Planning Board will continue its discussion on the subdivision on October 6, 2004.

Site Plan approval to erect the approved 320,000 square feet of additional office/laboratory space at the site was set to expire in October of this year. LCOR requested a three-year extension but Planning Commissioner Mark Stellato noted the usual procedure is to grant one-year extensions. At the urging of Town Board member Timmy Weinberg, the Town Board unanimously granted a two-year extension.

On a related matter, Madelon O’Shea noted that since Madison Square Garden applied to the Town to place a helicopter landing pad at its facility on Old Saw Mill River Road she has become very aware of helicopters flying over her house. She noted the helicopters are very noisy.

Robert Reninger reminded that the Planning Board will be holding a public discussion on September 29, 2004, on the application by the Greenburgh Health Center to amend the Zoning Ordinance regarding the definitions of "Hospital" and "Professional Office." On August 19, 2004, the ZBA found that the Health Center falls under the existing definition of "Hospital" in the Zoning Ordinance and is not a permitted use on the property formerly occupied by Cooke’s Nursery on Knollwood Road. Mr. Reninger noted the proposed changes would permit a comprehensive medical clinic to locate in almost every district in the Town. The Broadview Civic Association plans to mail a letter to all civic groups outlining the issues regarding the proposed amendments. Following a discussion, Ella Preiser agreed to express the concerns of the CGCA at the public discussion.

Irene Zuck told CGCA representatives that she expressed concern via letter to Supervisor Paul Feiner that there could be flooding in the event of heavy rain because of debris in Manhattan Brook. She noted DPW came and took away two logs near Benedict Road but did not remove a rock. [Benedict Road is behind Stickley’s Furniture Store on Tarrytown Road.] The remnants of Hurricane Ivan produced heavy rains on Saturday, September 18, 2004. The rock and other debris caused the brook to overflow. Mrs. Zuck noted that DPW came back today (9/21/04) to clear debris. She said erosion has taken place on some property adjacent to the brook.

Ella Preiser reported that businesses off of Route 9A north of Elmsford and residents of Babbitt Court dealt with flooding caused by the heavy rains of both Frances (9/8/04) and Ivan (9/18/04). During both storms two lanes of Route 9A near the Warehouse Lane/Beaver Hill Road intersection were under water and barricaded. Traffic was backed up for miles in both directions. The Army Corps of Engineers is once again studying how to mitigate flooding along this area of the Saw Mill River. Meanwhile, the Town Board has been unwilling to grant permission for some remedial steps, such an enclosing the Warehouse Lane open drain or raising the Lamont Street bridge, that could decrease the amount of flooding experienced by the businesses south of Warehouse Lane.

The public hearing before the Town Board on August 18, 2004, was adjourned and the Hartsdale Public Parking District was instructed to send a letter to residents holding commuter parking permits explaining a proposed 30% increase in permit fees. The public hearing is scheduled to continue at tomorrow’s (9/22/04) Town Board meeting and Parking District officials met with the Town Board at today’s work session in an attempt to answer any remaining questions. The increase in fees would provide $250,000 in funds for engineering and design studies to repair Site A, the public garage behind the stores on East Hartsdale Avenue. The Town Comptroller reviewed the proposed increases. A future increase would be necessary to pay approximately $4 million for the actual repairs. Parking District representatives told the board that commuter permits are less expensive in Hartsdale than at train stations in neighboring communities. Also attending the work session was a resident of East Hartsdale Avenue who complained about the lack of parking spaces for those living along the street.

Ella Preiser told CGCA representatives that most of the Town Board members were comfortable with the answers they received but Supervisor Paul Feiner made it very clear during the work session that he wants to take control of the Parking District and its finances and will vote against any increases in rates. Mrs. Preiser said that the Town collects approximately $400,000 in parking ticket fines each year. The fines go into the Town’s general fund and are not used to defray parking district expenses. She suggested that if Mr. Feiner truly was concerned about the proposed increases in commuter parking permits or meter fees, he should consider putting some of the money raised by fines in the parking district back into the parking district.

A brief discussion took place about the continuing problems with the Town’s cable access channels. It was noted that the new robotic cameras that are mounted on the walls in the auditorium at Town Hall provide an advantage in that no one will trip over cameras in the aisle. However, it was agreed that the quality of the broadcasts leaves a great deal to be desired. At the suggestion of Francis Sheehan at the Town Board meeting on August 18, 2004, the Town Board quickly passed a resolution threatening to impose a fine on Cablevision if problems with the quality of both audio and video transmission on Greenburgh’s cable channels were not resolved. Although the problems continue, no fines appear to have been imposed. Several people mentioned that there was no audio at all on a "3 C’s" program that aired last Friday (9/17/04). The program featured hosts Cora Carey and Cleo Oliver interviewing Catherine Lederer-Plaskett.

Ella Preiser noted the Town Board has not announced what arrangements are being made for a cable studio at Town Hall. She said the lease on the studio on Knollwood Road would expire this fall. She commented she would file a FOIL request for actual revenues and expenditures regarding Greenburgh’s cable operation and update the tables previously circulated.

ECC Elevates New President. Michelle McNally has moved from the position of second Vice President to President of the Edgemont Community Council. She also serves on the Greenburgh Antenna Review Board. Ms. McNally retired in June from six years of service on the Edgemont School Board. She previously was involved at the ECC with Town zoning and planning issues.

CGCA Dues to Remain Low. Thanks to the generosity of Irene Zuck and other anonymous donors, copying and mailing expenses have been kept to a minimum. Therefore, CGCA membership dues will remain at $15.00 for the year 2005.

Hotel Seeks Extension of Site Plan Approval. At the Town Board work session on September 14, 2004, the applicant for 600 White Plains Road asked for another extension of site plan approval for the proposed hotel. It is expected the Town Board will grant the extension at tomorrow’s (9/22/04) board meeting. The applicant’s attorney said that plans have been submitted for a building permit and the hotel hopes to break ground before snow falls.

Thelma Washington to be Honored. Ella Preiser circulated a newspaper clipping reporting that Thelma Washington will be inducted into the White Plains High School Hall of Fame on November 9, 2004. Ms. Washington taught school in White Plains for 30 years and has been active in other organizations benefiting children. She is President of the Parkway Homes Civic Association.

Castle Walk Trees Illegally Removed. Madelon O’Shea reported that she learned today that three trees specifically identified to be saved on the Castle Walk subdivision plans were cut down. The owner may be fined and the escrow account may be used to replace the trees. As Danny Gold ironically noted, in 50 years the newly planted trees may have equal value to those cut down.

Flag Lot Legislation Still Needs Work. At its meeting on September 1, 2004, the Planning Board discussed the proposed amendment to the Zoning Ordinance that would prohibit flag lots and asked that the Town Attorney’s office provide specific wording for a "grandfathering" clause. The Planning Board also requested the Town Board to grant an extension of time for reviewing the legislation.

Broadview CA Seeks ZBA Interpretation of Zoning Ordinance. Robert Reninger reported that the Broadview Civic Association has filed an appeal with the Zoning Board of Appeals seeking an interpretation of who may petition the Town Board to rezone property. The Town Attorney has issued a letter stating only the owners of the subject property may seek to have the property rezoned. Mr. Reninger noted that Broadview has obtained a case number (04-36), but due to the ZBA’s heavy caseload, it is not known when the appeal will be heard.

Warnings Ignored at Greenburgh Court. Copies were circulated of an "In my View" article in the September 17, 2004 edition of The Scarsdale Inquirer entitled "Feiner to blame for mess in town court," by Bob Bernstein, president of the Greenridge Civic Association. In the article Mr. Bernstein cites public documents that show Supervisor Paul Feiner repeatedly ignored letters from the Town’s outside auditors and Town Justice Sandra Forster about the need to address personnel issues and the way the court handles the $1.5 million it receives each year in fines.

Dunkin’ Donuts Request for Drive-Up Window on Hold. Robert Reninger reported that the public hearing scheduled for tomorrow’s (9/22/04) Town Board meeting on the Dunkin’ Donuts application for a drive-up window will be postponed again indefinitely because there are still zoning violations in the Greenburgh Shopping Center on Knollwood Road. In addition, the applicant has changed, so a new application must be filed in Dunkin’ Donuts name.

Quiznos Restaurant Seeks Special Permit. Madelon O’Shea noted that the Planning Board will be discussing at the work session on October 6, 2004, an application for a Quiznos restaurant (next to the Coconuts store) in the Dalewood Shopping Center on Central Avenue.

"Dial Democracy" Seldom Works. Ella Preiser said that she did not attend the Town Board meeting on September 8, 2004 because two lanes of Route 9A were under water and she was afraid the road would become impassible if the rains from the remnants of Hurricane Frances continued. When she tried to participate using "Dial Democracy" during the meeting, she found the calls were directed to Supervisor Feiner’s secretary’s voice mail. She noted that to date "Dial Democracy" has not been operational during at least nine (9) of the fifteen (15) regularly scheduled Town Board meetings in 2004.

Copies were circulated of two articles in the September 17, 2004 edition of The Scarsdale Inquirer:

"Court rules in favor of town in lawsuits over new town hall," by Laurie Sullivan

"Residents question Feiner on campaign contributions," by Susan F. Wolfert