Greenburgh’s Ever-Changing Transparency

ABG recently posted a portion of the Broadview Civic Association’s concerns regarding the new Greenburgh Health Center project on Knollwood Road at the former Cooke’s Florist property. As ABG also mentioned in that post, the issues are many, entirely ignored by The Paul, his Stepford Board, and all subsequent departments within The Paul’s administration. We received a multi-page letter dated May 27, 2012, from the Broadview Civic Association, detailing their issues of concern and felt obliged to post it. We also learned that the Greenburgh Council of Civic Associations concurs with these points.

Our hope by publishing these issues is to expand awareness throughout the Town for residents elsewhere to learn of issues that many neighborhoods are suffering under The Paul’s tenure. Here’s the unedited information ABG received from the Broadview Civic Association:

The Broadview Civic Association has continuing neighborhood concerns and questions about the construction of the Mount Vernon Neighborhood Health Center (MVNHC) at 295 Knollwood Road.

This project will have a significant effect on the value of our property, real estate taxes, traffic, safety and overall quality of life.

SUMMARY OF CURRENT ISSUES
· The building is not being constructed in accordance with the plans as approved by the Town.

· The Town Building Department is fully aware that the building is not being constructed in accordance with the previously approved plans, and that the previously issued building permits are currently invalid.

· Because the building is not being constructed in accordance with the plans as previously approved by the Town, the MVNHC must seek updated approvals from the Town Board , the Planning Board and the Zoning Board of Appeals.

· The medical clinic still lacks a safe pedestrian access route from adjacent public transportation facilities.

· The plans for storm water management are inadequate with reference to adjacent properties.

· Town Supervisor Feiner responded that the Town had issued several building related permits to the MVNHC, and stated that the MVNHC has a “vested right” to proceed with construction of the medical clinic even if the current actual construction of the medical clinic is not in

accordance with the plans as previously approved by various Town of Greenburgh Boards and Agencies.

· Complaints and inquiries to Town, State and Federal agencies are being ignored.

ADDITIONAL DETAILS ON SPECIFIC ISSUES

SIDEWALK ISSUE 
· The majority of health center clients will reach the MVNHC via public transportation.

· The New York State Department of Transportation (NYS DOT) has announced that NYS DOT will not fund or construct a sidewalk from Route 119 to the 295 Knollwood Road site of the MVNHC.

· Lack of a sidewalk from public transportation facilities on Route 119 presents serious safety risks to both clinic clients and motor vehicle operators on Knollwood Road.

· The Town of Greenburgh could incur significant municipal liability for anyone injured due to lack of safe pedestrian access to the health center site.

· Lack of safe pedestrian access to the site could be a serious problem to solve even if eminent domain is used by the Town of Greenburgh.

· The proposed multi modal pedestrian facility is a very unsafe alternate solution, and will not be approved by NYS DOT due to the recent enactment of the “Safe Streets” law.

· The MVNHC has not filed for and obtained a NYS DOT highway work permit for the proposed multi-modal pedestrian facility ? Why has the Town issued a building permit without requiring the MVNHC to obtain a NYS highway work permit ?

· Shuttle ambulet buses are not an economically viable alternative.

· The Town needs to take whatever actions are necessary to insure safe pedestrian access before it allows the MVNHC to open its doors to patients.

· The Town cannot grant the MVNHC a permanent certificate of occupancy if the MVNHC does not actually construct an ADA compliant sidewalk from Route 119 to the southern boundary of 295 Knollwood Rd. before the facility opens for business ?

ENVIRONMENTAL ISSUES 
· After the Town of Greenburgh adopted its own State Environmental Quality Review Act (SEQRA) environmental assessment, the Federal Health Resources Services Administration (HRSA) directed the MVNHC to prepare a new federal National Environmental Policy Act (NEPA) environmental assessment. The NEPA federal environmental assessment is more comprehensive and restrictive than the Greenburgh SEQRA environmental assessment.

· By federal and NYS law, NEPA environmental assessments take precedence over SEQRA environmental assessments

· The Town of Greenburgh must modify its previous SEQRA environmental assessment to conform to the federal NEPA environmental assessment.

· Why hasn’t the Town conformed its SEQRA environmental assessment to the federal NEPA assessment ?

STORM WATER PERMIT ISSUES 
   The storm water pollution plan is based on a September 2006 study and has not been updated.
Both Greenburgh and the NYS Department of Environmental Conservation have updated their regulations since 2006.
   It is unknown whether the subsurface infiltration devices proposed by the applicant will adequately process storm water runoff on the 295 Knollwood Road site, based on 2011 standards.
   The increase in impervious surfaces on properties adjacent to the 295 Knollwood Road site is already causing flooding on surrounding properties.
   Why hasn’t the Town engaged an independent professional engineer to determine whether the storm water management plans submitted by the applicant are adequate according to current standards and current needs ?

TRANSPARANCY ISSUES
   The Town government has been significantly tardy in releasing information about Town building permit construction approval information about this project. Public hearings have been held at very inconvenient times, freedom of information law (FOIL) applications have been ignored etc.
Surrounding residents have a significant lack of confidence in the objectivity of the Town Board and Town staff.
   The MVNHC has submitted different building plans to the Town, the federal HRSA and the NYS Dept. of Health. Which building plan will be used to construct the actual building ? Has the MVNHC submitted to the Town a final set of building plans which is identical to the building plans approved by the federal HRSA and the NYS Dept. of Health ?

· Will the Town post copies of all building plans and permits, inspection reports etc. for the 295 Knollwood Road site on the Town web site ?
· Has the MVNHC filed for and obtained a sewer connection permit from the Westchester County Department of Health ?

SECURITY CONCERNS 
   The MVNHC received a $12,000,000 grant from the federal HRSA, pursuant to the Patient Protection and Affordable Care Act of 2010.
   This legislation requires that the MVNHC provide its clients with a range of services, including medical, social, psychological and addiction care services to all residents, including services to aliens and known sex offenders.
   Has the MVNHC assured the Town that there will be adequate security services at the site ?
   Does the Town plan to relocate the St. John’s Addiction Care facility currently located on Manhattan Avenue to Knollwood Road ?

QUALITY OF LIFE & ECONOMIC ISSUES 
   The current Town Board has deliberately ignored the very specific mandates of the 1986 Targeted commercial zoning study. Property on the east side of Knollwood Road north of Stadium Road was designated for development as multi family housing. The east side of Knollwood Road was designated as a buffer zone between commercial sites on Tarrytown Road and the well developed residential areas west of Knollwood Road. Previous Town Boards followed those mandates when they approved the Pondside and Preserve at Greenburgh communities.
   Development of the 295 Knollwood Road site as a commercial use without any recognition that surrounding properties are residential violates generally accepted norms of suburban planning.
   The current use of the 295 Knollwood Road site without providing for safe pedestrian access, adequate security etc. will have a disastrous effect on surrounding residential property values.