Sunday, March 20, 2011

If You Do What's Right, The Right Thing Happens!

Growing up teaches us many lessons, some are easy and some are difficult. But a good moral grounding assists in formulating and executing thought-out decisions that have a positive outcome. Let's be clear, we're not discussing playing the stock market or betting on a race. That's why we were not surprised at the outcome and decisions against Ernest Tartaglione's Deli Delicious' multiple zoning variance applications to the Town of Greenburgh's Zoning Board. He, his contractor and confidant Chuck Pateman, and their attorney Mark Constantine presented their request and once it was reviewed, were turned down.


ABG reviewed the proposed plans for the deli's changes. It was being touted as a drive-through window with a circular driveway to be added around the perimeter of the building. The building itself, with the exception of adding the drive-through window, would remain unchanged. ABG's asked someone well-versed in plans and blueprints to review these plans and give an unbiased report of same. The reviewer claimed that with the exception of the increased parking on what is currently state owned property, the set-backs being reduced, easements which may be a factor and the significant increase in impervious space, the plans appeared to be technically correct. The reviewer did not believe however, that the project and the increased traffic was warranted for such a small amount of space.


After being turned down for the initial application of the Deli Delicious' zoning variances by a straw vote, Tartaglione tried to regroup. Playing dirty can be explained numerous ways. ABG is sure that Tartaglione believes he's just being a shrewd businessman by putting plywood over the deli's windows and diagonally  spray painting the word CLOSED on each board. We've commented before that he has several FOR LEASE signs posted also. If he was really going out of business, there would be a FOR SALE sign, not a FOR LEASE sign. ABG believes he's scamming everyone. He wants to retain ownership of the property and lease either the deli or the building to someone else, maintaining both ownership and an income stream. The other option would be to flip the building to a fast food chain. Burger King and Dunkin Donuts' are just two names echoing through Town Hall.


This week's Zoning Board meeting had several elements to it that made it more entertaining than usual. One fact was that Nick DeCicco recused himself from voting. He did the right thing. Another fact was that Jordan Glass, a recent Feiner-appointed Board member and attorney, “disappeared” for the vote. That's right, he disappeared. He said he would not recuse himself, even though he has a relationship with Tartaglione. We're not talking about a relationship such as one neighbor waving to another on their way to work in the morning. Nooo, it's a bit more than that.


Here's an excerpt from the Ethics Complaint (highlighting by ABG for effect):


“ As shown below, Mr. Glass , a recent appointee to the Zoning Board of Appeals, has a business relationship, other than the ordinary retail purchase of goods and services, with Ernest Tartaglione, the owner of Deli Delicious, which has an application pending before the Zoning Board.  Mr.  Tartaglione owns the building in which Mr. Glass has his law office,  Mr. Glass represents Mr. Tartaglione’s brother Raymond, and Mr. Glass reviewed and approved Mr. Tartaglione’s ZBA application at the request of Mr. Tartaglione’s representative before the ZBA, Mr. Charles Pateman.  Moreover, fully aware of these disqualifying relationships, Mr. Glass failed to disclose to the ZBA his relationship with Mr. Tartaglione as he was required to do, and failed to withdraw from the decisionmaking process on his application, as he was also required to do, both in violation of Town Code 570-4L(1) and (2) which requires such disclosure and withdrawal.”


Paul's done it again. His circle of trusted allies is repeatedly being proven terrible. No matter how hard he tries to coerce, cajole and co-opt the process, this time the game just can't be fixed. The Zoning Board gave a straw vote which indicated future failure on behalf of the applicants. They should have seen and read the writing on the wall. Their plan was, is, and will be, flawed to the point of being doomed to fail each time it is proposed. That's why the Zoning Board struck it down on March 17th. AND, when Pateman requested to add a statement into the official record, he was told, "No." If they had done the right thing, for the right reasons, the outcome would have been right. 


ABG believes one of the Supervisor's critics got it right, it's time for Paul to resign.

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