21 Shaw Lane
Irvington, NY 10533
March 16, 1999
Stephen Lopez, AICP
Commissioner Community Development and Conservation
Town of Greenburgh
320 Tarrytown Road
Elmsford, New York 10523
Dear Mr. Lopez:
The Council of Greenburgh Civic Associations has received and
discussed your letter of February 1, 1999 regarding the October 20, 1998 minutes of the
CGCA. We appreciate your interest and would like to comment on a number of issues.
Westchester View Lane Subdivision
Regarding the Westchester View Lane buffer, both you and Rick Turner stated at our meeting
that the first condition of the Planning Board which reads: "No tree may be
removed on the easterly or southerly 50' boundary..." was clear and not subject
to misinterpretation. The tape of the CGCA October 20, 1998 meeting confirms the following
comments on the first condition,
Mr.
Lopez: "That [the condition] seems very clear to me."
Mr. Turner: "The first
condition is very clear."
Therefore, the CGCA cannot understand why Town officials
continue to obscure the conditions for development for Westchester View Lane. Such
tortured interpretations undermines the Town's planning and enforcement process and undercuts
the community's faith in the legitimacy of the Town's Subdivision approval process.
Route 9A Development - Waived Site Plan Conditions
Council members are aware that the Zoning Ordinance does provide the opportunity for Town
staff (Building Inspector, Town Engineer and Secretary to the Planning Board) to waive the
need for formal site plan approval when a change to an existing building or site plan is
minor and/or will have no substantial negative impact. The CGCA has no problem with this
provision of the Ordinance.
The CGCA also agrees that your statement is technically
correct that "...Sam's, the Ice Skating Rink and Westy's were never granted site plan
waivers for any exceptions from approved plans." However, the fact remains that
provisions of the approved site plans were "waived" regarding two of these
sites.
Westy's Storage. The site
plan-subdivision-code change application for the Westy's site included a Tree Preservation
Plan which was reviewed by the community and adopted by the Planning Board. Hundreds
of trees were to be saved, and that is one of the reasons why the community had no major
objections to this project. The community is quite disturbed about the wholesale
destruction of trees that were included on the Tree Preservation Plan. Clear-cutting
of these trees was not necessary! The enormous Westy's building can now be seen from a
mile away. No explanation has ever been given other than the applicant requested and was
granted permission to remove the trees.
What is the purpose of presenting a Tree Preservation Plan
with a site plan application if there is no requirement that the applicant will adhere to
the plan and can have conditions "waived" by applying for a tree removal permit?
The community's faith in the site plan approval process has been compromised. The
knowledge that a site plan waiver was not issued offers little solace.
Sam's Membership Warehouse. Your
letter notes that negotiations to achieve changes to the landscaping plan on the Sam's
property were very difficult due to an ownership change. However, there were problems
regarding the landscaping at the former Elmsford Drive-In property from day one.The
original developer (The Robert Martin Company for PACE Club) did not plant in compliance
with the landscaping plan that had been approved by the Planning Board. Substitutions were
made by the developer without approval. In addition,. a number of plants did not
survive the winter of 1993-1994 and were not replaced. It took numerous,
repeated complaints from the community before any steps were taken to try to improve the
problem.
What is the purpose of presenting a landscape plan during
site plan review if an applicant can make substitutions without approval or fail to
replace dead trees without consequences? The knowledge that a site plan waiver was
not issued does little to bolster the community's faith in the site plan approval process
or the enforcement process.
/very truly yours/
/Danny Gold/ |