Saturday, February 24, 2018

Proposed Development Of The Former Elmwood County Club

Another large development saga has been slowly unfolding in the Town for about a year now. That is the sale and more importantly the development of the former Elmwood Country Club, located on Dobbs Ferry Road. The company that is undertaking the Elmwood development is the Ridgewood Realty Company of New Jersey. The two proposals to the public were to build either 119 single-family homes and the other is to down-zone the property from R-30 to R-20 so they can build 175 town-houses instead of about 120 town-houses for an adult of 55 years or older that sell for an average price of $900,000 each!

As an aside, if single-family homes are built, the Town will receive a taxable income of 100% from each home. Town houses on the other hand are taxed at a reduced rate of about 60% and produce less taxable income for the Town. Why is this important to us? Mostly to pay off guilty verdicts levied by the courts against Mr Feiner and his Board, such as the Fortress Bible Church discrimination lawsuit. Mr Feiner and his Board members were found guilty on seven counts including discrimination, lying under oath and destroying evidence.

Residents had been preached to by Mr Feiner of his plan to create the Dobbs Ferry Road corridor into a recreational corridor by allowing his friends from GameOn 365 to develop the former Frank’s Nursery property into an ill-appropriate 8-story sports bubble for mostly indoor tennis and soccer along with outdoor ballfields in a residential neighborhood zoned for residential housing. Fortunately, the Worthington Woodlands Civic Association, with help from others, were able to stave off this assault.

Town residents would have had to pay to use that facility even though they were also told they could use it at reduced rates but only during specific and limited times. The rest of the time would have been dedicated to leagues and non-residents from as far away as New Jersey and Brooklyn. In fact, some of those non-residents spoke, without providing addresses of course, in favor of the project claiming there were not enough soccer fields anywhere for them to play soccer. The obvious question was why don't they try to develop fields in their own hometowns?

While GameOn 365 has purchased the 16-acre Visioli Golf Driving range with additional prpoerty amounting to a total purchase of 32-acres on Dobbs Ferry Road, it remains to be seen how it can or will be developed – especially since the surrounding neighborhoods were vehemently against it as the land is zoned for residential housing, not commercial 8-story buildings. The Visolis had been in a contract dispute with their lessees as to who was responsible to pay the taxes, forcing them to be in arrears. Since Mr Feiner was favoring any deal the GameOn 365 partners could broker, the Visoli’s financial health or business’ viability was not of much concern. He just needed the headlines to keep appearing with his name in them. 

Another recent change is the former Frank’s Nursery property that was sold for $3.5 million to a developer named Capitol Seniors Housing, who will be building an assisted living facility at that location for about 100 residents. Sadly, after Mr Feiner and Mr Lewis claimed remediation of the former Frank’s Nursery property would be capped at $100,000, we now know that the cost to the Town will be just under $2 million! Is this why there are so many jokes about not trusting lawyers? Regardless, after back taxes are paid on the property including the remediation, the Town taxpayers will not see a profit on another piece of property it owned.

There are several other factors in play while these two developments are underway. We’ve learned that part of the Metropolis Country Club may be for sale soon as they are experiencing the same shrinking market that Elmwood had. In fact, we’ve heard that Hartsdale's Maplewood Swim and Tennis Club may also be up for sale soon due to the same issues. Finally, there have been rumors that the Knollwood Country Club’s shrinking base may force a partial sale of some or all of their property. It appears that millennials are not into golf, tennis and swimming as much as previous generations.

With the certain proposal for the Elmwood Country Club property, the Greenburgh Conservation Advisory Council met and crafted the below letter to the Town Board objecting to the down-zoning of the property which would result in an increase in density. This is important for several reasons: these Board members are “Feiner-friendly” as they are appointed by Mr Feiner; and because they recognize the harm that can be done by down-zoning. Down-zoning goes against the recently approved Comprehensive Plan that was 8-years in the making and cost taxpayers over $600,000. Mr Feiner cheered about it through email blasts, print media and at every public event he attended.

Here's the Greenburgh Conservation Advisory Council’s letter in its entirety:

TO: Greenburgh Town Board 
FROM: Greenburgh Conservation Advisory Council 
DATE: Feb. 12, 2018 

Statement of the CAC RE Proposed Development of the former Elmwood County Club 

The Conservation Advisory Council has discussed the proposed development of the former Elmwood County Club by Ridgewood Real Estate Partners. The CAC noted that one of the options being discussed is tied to a “down zoning” in the existing zoning of R30 on the property to R20 zoning, which would result in an increase of about 50 additional residential units. 

As a result, the CAC voted to issue a statement in support of the Comprehensive Plan, as adopted by the Town Board on Sept. 28, 2016. The Comprehensive plan states expressly, without qualification, there are no planned policies to increase density in residential zoning. 

11.6.4 Projected Sales & Net New Development No policies are recommended to extend existing one-family and multi-family residentially zoned districts into other areas of unincorporated Greenburgh. There are also no planned policies to allow a greater density of residential units or residences per acre in existing one-family and multi-family residentially zoned districts. It is anticipated that residential subdivision and site plan applications will trend in a manner similar to that depicted in the 12-year snapshot in Table 11.15, which had a proportionately higher percentage of new developments with lower numbers of new residential units. 
Under New York law, all Town use regulations such as zoning must be in accordance to the Comprehensive Plan. As stated in N.Y. TWN.LAW 272 – A (11) (a), “Effect of adoption of the town comprehensive plan. (a) All town land use regulations must be in accordance with a comprehensive plan adopted pursuant to this section.” 

The applicants request to increase density is not in accordance with the express provision of the Comprehensive Plan pertaining to density in residentially zoned districts. 

The determination to not allow an increase in density in the residential zones was in direct response to the valid concerns of the residents. Starting with the initial outreach meetings and at all subsequent public meetings the public comment consistently focused on the concerns about the impacts on residential communities resulting from allowing more dense housing options, such as road congestion, changing the look

and feel from suburban to urban, diminished air quality and general diminishment of quality of life. A review of residents’ comments shows 256 complaints about traffic and 205 complaints against development. During the multi-year process of development of the Comprehensive Plan, believing in its importance, the CAC issue three reports to the Comprehensive Plan Steering Committee which among other issues highlighted the impacts of increased traffic on air quality and quality of life. The determination provided in the Comprehensive Plan not to increase density in residential areas is consistent with public input, rational and environmentally sound. 
The CAC further notes that any change in zoning to permit more density would set a precedent for the possible future development of the remaining golf courses and other large parcels in the Town. 

Conservation Advisory Council 

Cc Judith Belville, Town Clerk 
Garrett Duquesne, Commissioner, Community Development and Conservation 

Ultimately, all of these assisted living and senior living facilities may have a detrimental effect on our school systems as many seniors, empty nesters, etc., typically vote against school budgets. With more and more people moving here and not feeding students into the school system and voting against the budgets, it will have a detrimental effect on property values. So Mr Feiner’s scheming may work against us again. 

With the hopes of Mr Feiner’s sports corridor dashed, the development of the Elmwood Country Club in tandem with the former Frank’s Nursery, and other spaces throughout our Town, it now appears that Mr Feiner’s new corridor will be a housing and/or residential corridor. Or will it? There needs to be a better balance without Mr Feiner in the mix. Let the Town, its zoning laws, Comprehensive Plan and neighborhoods control our destiny. It’ll make for A Better Greenburgh.

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