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(Whereupon, at this time Supervisor Feiner led the
Pledge of Allegiance.)
(Whereupon, at this time there were presentations
by William Robinson, National Gun Violence Awareness Day,
Con Edison, and the Greenburgh School District Mandarin
Program.)
SUPERVISOR FEINER: Okay. We have public hearings.
I'd like to make a motion to move to open the first
public hearing.
COUNCILMAN MORGAN: Second.
SUPERVISOR FEINER: All in favor?
COUNCILMAN JONES: Aye.
COUNCILWOMAN JUETTNER: Aye.
COUNCILMAN MORGAN: Aye.
COUNCILMAN SHEEHAN: Aye.
SUPERVISOR FEINER: To consider zoning text
amendment to Section 285-36 of the Zoning Ordinance,
entitled "Supplementary Use Regulations," as it relates to
public hearing noticing.
I'd like to move that.
MS. BEVILLE: To open the hearing.
SUPERVISOR FEINER: All in favor?
COUNCILMAN MORGAN: Aye.
COUNCILMAN JONES: Aye.
COUNCILMAN JUETTNER: Aye.
COUNCILMAN SHEEHAN: Aye.
MR. DUQUESNE: Good evening, Supervisor Feiner,
Members of the Town Board.
For the record, Garrett Duquesne, Commissioner of
the Department of Community Development and Conservation.
This local law is designed to enhance the measures
which the Town and Town Staff worked to make insure
residents are notified with public hearings and applications
in the Town of Greenburgh.
This local law actually, in my opinion, supplements
a lot of great measures that are undertaken. Be it as
formal policy or codified. But specifically with this local
law would do would be to require an actual sign to be placed
at the site of -- at a site where a land use application is
before you. Either the Zoning Board of Appeals or the Town
Board or the Planning Board.
So, this is a sign that would have information
pertaining to the date of a public hearing, and the nature
of the public hearing, and would have the phone number. And
really again it's a supplemental measure just to -- for lack
of a better term, get the word out in the best possible way.
The local law specifically -- I'm going to recite.
The local law was set up to be enabled in Section 285-36-U
of the Zoning Ordinance. And that's the supplementary land
use regulations.
And it states that:
"Any use proposed in connection with the following
approval processes: Area variance, use variance, special
permit, subdivision, site plan, wetland order, course
permit, steep slope permit that requires a public hearing
pursuant to the Code of the Town of Greenburgh shall require
them to do the following":
And then the local law goes on to have the
requirements by which somebody would post this sign at a
site or an applicant would post this sign.
Just as a quick note just some of the other measure
that I'm sure the Board is aware of, but I think it's
helpful for the public to understand. This is just one
measure. There is always a mailing that goes out
surrounding a property when there is an application. There
is a notice in the newspaper. I think almost as important,
there is some informal policies which I think are very
helpful. I know the Town Board has implemented; I know the
Planning Board Implements them. And that is, when meeting
with applicants at early stages, often before an actual
formal application is submitted, I often see the Town Board
and Planning Board, you know, relay a message to the
applicant; go out to speak to your neighbors, speak to a
civic association leader, and present your ideas, get input
at an early stage, which benefits the process.
In addition, just one other formal or informal
policy that we've implemented is to -- we actually post all
the applications on the web; on the Town web. So, the
second an application comes in, or I should say within a
week we actually post PDF's of a cover letter, all the
forms, the plans. So, really when you think about all these
measures, we're really just trying to get the word out to
the public about applications.
I'm going to load up my machine, and I have a photo
of what the sign is going to look at. We're actually are
modeling the sign -- We're going to order it from the same
company that the Village of Tarrytown uses. They have this
process in place. I think at this point I'll go ahead and
load that up. If there is any questions, I'll be happy to
answer them.
COUNCILMAN MORGAN: There are many communities that
have this now, and the City of Tarrytown is one.
MR. DUQUESNE: It is fairly routine, yes.
SUPERVISOR FEINER: Does anybody want to speak?
Ella.
MS. PREISER: Do you want me to sign up, Judith?
MS. BEVILLE: Well, we do have a procedure, and if
people are not going to follow the procedures.
SUPERVISOR FEINER: Why don't you speak, and then
you can always sign after.
MS. BEVILLE: There is a procedure, and it should
be followed.
MS. PREISER: Ella Preiser.
To be honest, I just don't like to walk up when
people are making announcements and having presentations to
sign up.
MS. BEVILLE: You can come out the back door, and
come around this door.
MS. PREISER: I have a leg problem right now, and
walking is a problem.
To the proposed local law, I do have some concerns
about it. First of all, the title of it. It's not land
uses that are requiring a public hearing. The subject
matter is the application process that requires that. Uses
are words that -- It's very clearly spelled out in 285-5 of
the zoning ordinance section; definitions, of what a use is.
So, you really shouldn't use land uses at the beginning.
And I have to tell you quite frankly, and I'm not
opposed to this. And Mr. Sheehan will remember about two
decades ago we worked on a committee redoing the ZBA rules.
COUNCILMAN SHEEHAN: You mean when I was 30.
MS. PREISER: Well, I was 25.
We worked on this committee together, and we
proposed having a sign back then. So, I'm not opposed to
using the sign. That's not my point. But I do have
concerns about the wording in the code. And I think the
wording should say what it's supposed to. And I think it
should following standard procedures, and one of them is you
can't have a one unless you have a two. You just don't put
a number one on it.
The way the processes that are identified in
parenthesis, that's not standard procedure.
And then I have a question. At the Council
Greenburgh Civic Association meeting two months ago, the
question came up about people who heard at the last minute
about a ten-lot subdivision in their neighborhood, and they
knew nothing about this. It was already before the Planning
Board for not one, but two presubmission conferences. How
will this law help to make this process more transparent so
people really do know what's on the agenda right away; not
ten days prior to a public hearing as it indicates in this.
If you are talking about the size of a lot -- You
know, if you're talking 100 acres at the Regeneron, is one
little sign going to mean anything? And I'm just using that
as an example, since there are no houses around the
Regeneron property, I don't think that's important. But
depending on the size of the lot, you may want to consider
how you are doing this.
And then there is another thing called sign
pollution. And I'm sure many of you have seen during the
political season, signs go up and they're supposed to come
down after election day. And quite frequently, you find
signs around for a long time afterwards. Now I'm sure the
Town would do something to tell the person to take it down.
But what if you have a proposal like the Shelbourne
application, and you've got signs up from 2015, and it's now
2018. Is that really what we want to see walking around our
community?
I'm not opposed to this. The wording is poor. I
asked you to pull it off; fix the wording, and then you can
adopt it. But the wording is not appropriate right now, and
I asked you not to adopt this anytime soon until you have
fixed it.
Thank you.
MS. BEVILLE: There are no further requests.
MR. BERNSTEIN: I'd like to speak on this.
SUPERVISOR FEINER: Go ahead.
MR. BERNSTEIN: Thank you.
MS. BEVILLE: If anyone else would like to speak
for any of the public hearings or public comment, please
respect the protocol the Town Board has established to sign
up to speak.
Thank you.
MR. BERNSTEIN: Bob Bernstein, 48 Old Colony Road,
Hartsdale, New York.
Several years ago the Edgemont Community Council,
which I'm President, had recommended to the Town that better
notice be given to people who may be impacted by land use
applications, including applications to install antennas.
We even drafted legislation, but it went no where. So, what
happens when the antenna applications are raised is that the
public really never knows about it until the antenna review
board has already made its recommendation. And if it
determines that the application is completed, the applicant
can typically build as of right. But by then it's too late
for any resident to complain or challenge when the
application has been completed properly.
The issue arises -- The only time that anyone would
ever be able to have a say is if the Antenna Review Board
concluded that the application was not as of right. It
would require Town Board approval. Then there would be a
opportunity for notice and to be heard. But most Antenna
applications manage -- The process manages to get completed
in the determinations of whether it's complete. That could
be a lengthy process requiring, you know, sometimes half a
dozen or more meetings of the Antenna Review Boards.
Those meetings are not noticed in the usual
fashion. They are noticed -- You have to know to look to
find it. You have to know that there is an application
that's going to be effecting you on the agenda to know when
to come, which means no one knows when to come.
So, the reason I raise that is that in your laundry
list of where you would like signage, I would suggest that
you amend it to include signage for any area designated for
the erection of an antenna that would be subject to an
application of the Antenna Review Board, because there is no
other practical way to let people who are going to be
impacted by this to know that it's going to happen.
Where might these antennas be located as of right?
Typically, as of right can be along any state road, where a
lot of people live. I mean, the notion when you created
your Antenna Ordinance was that you wanted it to be subject
to essentially a special permit, where it effected
residential areas. But if it was a nonresidential area or
commercial area of the Town, it was exempted for that.
Those were as of right. But people in apartment buildings
live in those areas. They're impacted, but they know
nothing about it.
I'm reminded of the one Antenna that was installed
at Midway that overlooked Castle Walk. It was in the
Central Avenue mixed district use zone. Therefore, was as
of right. But it impacted people who lived on Castle Walk,
about which they knew nothing. That was what triggered our
writing the legislation that was ignored. But the point is
as valid today as it was then.
So, I suggest that in doing this signage
requirement, which I think is well intentioned, that you
include that as well. I think that there are a lot of
people who will benefit from signage notification. The
Town's requirement of notice generally does not effect
everyone. I'll give you an example.
There is a proposal that has been floated to do a
ten-lot subdivision on Old Colony Road, for example, where I
live. And the way this notice is written or this proposal
is written, the sign would be placed on Old Colony Road; not
on Pipeline. But the development would actually impact the
people on Pipeline, because anybody who will be going,
commuting to the Hartsdale Train Station and having to
experience the water run off from this application, would
have no way of knowing unless we told them that they better
come to a hearing on this, whenever it's scheduled, because
a sign in front on Old Colony Road would tell them nothing
unless they would happen to be going up that road, maybe
going to the high school. But most people are using
Pipeline to commute.
What I'm suggesting is along the lines of what Ella
had suggested, that you consider where the signage should be
placed. So that it will receive the exposure it needs, so
that most people who need to know will get to know.
Thank you.
COUNCILMAN MORGAN: So, Bob, you're saying if that
the property adjoins two different roadways, there should be
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