Formation Shelbourne Case Adjourned By Zoning Board of Appeals

As seen on the Zoning Board of Appeals Agenda:
Case No. 16-06 – Formation Shelbourne Senior Living Services, LLC, for property located at 448 Underhill Rd., (P.O. Scarsdale, NY).  Applicant is requesting variances from Section 285-10(A)((4)(f)(1) of the Zoning Ordinance to decrease the minimum lot area from 4 acres (required) to 3.79 acres (proposed); and from  Section 285-10(A)(4)(f)(14) to allow the site to be more than 200 ft. from a state or county right-of-way, in order to permit development of an assisted living facility on the property.  The property is located in an R-40 One-Family Residence District and is designated on the Town Tax Map as Parcel ID: 8.330-242-9

As Chairwomen Eve Bunting opened the meeting, she explained that Formation Shelbourne was the first case on the agenda. She continued that because Formation Shelbourne has an Article 78 case challenging the decision of the Town Board's decision to rescind their original Negative Declaration ruling stating there would be no negative environmental impact to the area due to this project, that upon advice from Counsel, the Zoning Board of Appeals (ZBA) Board decided to postpone their case. She said they would adjourn this case to see what other actions might have to be taken by the Zoning Board of Appeals.

You'll recall we previously wrote about this case stating that the average taxpayer was unaware Formation Shelbourne initiated and then withdrew their original law suit against the Town, several civic associations and numerous residents who took positions against the project. What most would also not know was that Formation Shelbourne’s representative threatened Mr Feiner and the Town Board with another lawsuit at a Work Session if the Board rescinded their NegDec. Regardless of that threat, the Town Board rescinded it and soon afterwards, Formation Shelbourne's attorney, Mr Lino Sciarretta did in fact bring suit against the Town on August 18, 2016!

Ms Bunting asked if there was anyone in the audience who would be unable to return at a later date when she believed they might be hearing this case. Apparently only one audience member would be unable to attend but agreed to submit their point of view in writing to the ZBA. At that point Ms Bunting allowed Formation Shelbourne's attorney, Mr Lino Sciaretta to speak. He protested the fact that the ZBA refused to hear this case and that the owners of the Formation Shelbourne organization had flown here from Atlanta specifically for this meeting. Ms Bunting further explained that upon advice of Counsel, a decision was made in executive session by the ZBA members to postpone this case only prior to this meeting.

The ZBA postponement is constraining Formation Shelbourne from proceeding based on assurances made by Mr Feiner behind closed doors. The added difficulty for Mr Feiner and his Board was Formation Shelbourne’s admission that Greenburgh officials had secretly agreed to support the Formation Shelbourne application with the Town Board’s issuance of the NegDec as part of their agreement! These types of backroom deals were thought to be eliminated after the abolition of the Tammany Halls days of old. Apparently, not in Greenburgh. This latest setback for Formation Shelbourne was initiated by Formation Shelbourne when they chose to sue the Town. It remains unclear what their next move might be?

If Formation Shelbourne withdraws their suit against the Town Board, the ZBA may be in a better position to make a determination on the Formation Shelbourne case. If they proceed with the suit and it proceeds through the holidays, the Article 78 lawsuit may drag this out for months. Mr Feiner and his Board have tormented this Town again by not following the process, the rules that should apply to all or abide by an ethical and moral compass. Sadly, the Unincorporated Town taxpayers are the real victims. And yet, every election finds these same people running unopposed and getting re-elected. This is further proof of why we need term limits. It must end. Only then will we get A Better Greenburgh.