Legalizing Spot Zoning in “Grayburgh”

There’s a push throughout Westchester County (White Plains, Armonk, Mt Kisco, Croton) and specifically in the Town of Greenburgh by developers to push legalized spot zoning by creating what is known as “Floating Zones.” Spot zoning is the illegal changing of zoning to benefit someone or some group. This has been done repeatedly by Mr Feiner and his various boards during his lifetime tenure as Supervisor for the betterment of, not a neighborhood or a residential taxpayer, but for the many developers who have cozy relationships with Mr Feiner. There are other things he does as well that if not illegal, are at least unethical. But for now, we’ll focus on Floating Zones.

There are many projects underway in Greenburgh. The Floating Zone concept wasn’t created by Greenburgh developers but is certainly embraced and pushed by attorneys for the numerous proposed assisted living facilities they seek to build, flip, and go on to the next one. Floating Zones also legalize (and legitimizes) all of Mr Feiner’s past spot zoning and that is why he endorses it, as do his Town Board and his Planning Board. Keep in mind that Town Board members are required to play along with whatever he wants or be jettisoned, also known as being “Sonya’d.”  Former Councilwoman Sonya Brown was dropped from the Feiner ticket once she stopped drinking the Feiner Kool-Aid and began actually representing the residents and not going along with what Mr Feiner wanted. The Planning Board, Zoning Board of  Appeals, Ethics Board, Recreation Board and all other Board’s members are hand-picked by Mr Feiner and ratified by his Town Board. 

These projects are designed to keep the public off-balance by having multiple conflicting meetings and no ability to have input, allowing these Boards to operate with veritable anonymity. Recently, Planning Board Chair Walter Simon told residents at a property walk-through for the proposed Maplewood Assisted Living Facility property on West Hartsdale Avenue that this was an informational meeting for the Planning Board members and not for the public. So the public was not allowed to ask questions! This is part and parcel with how the Feiner administration is choosing to work now that they’ve been emboldened by winning the last election. They are doing more and more to silence the public. It’s apparently working. The last Town Board meeting found five or six residents in attendance.

Now the Maplewood project developer is requesting a variance to lengthen their proposed building, hot on the heels of the Elmwood Country Club mega-housing development. Elmwood developers are looking to down-zone the former country club from R30 to R20. This would allow them to get a second zone change to create a Planned Unit Development (PUD), so they can build 175 Condominium Town Houses for seniors. That’s the only way for the developer to build Town Houses in a residentially zoned property. They are also looking to donate 14 unusable for housing acres in lieu of having to contribute into the recreational fund as required. But they want the entire acreage to be counted so they can develop more units on the property than they should, basing it on the total 106 acres, not the 92 it would actually be.

The next Assisted Living facility has been proposed once again by the Brightview Corporation and will be built roughly opposite the main entrance to Westchester Community College on Grasslands Road in Mt Pleasant. This is also across from The Grove and the Hebrew Home. This will be another 55-year old or older residential facility. This is important because the developers use senior housing as a major selling point. By housing seniors, there will be little if any kids going into or affecting the school system. The last facility Brightview built in Greenburgh was stuffed into an undersized lot in Glenville on Rt 119 and Benedict Avenue, completely overwhelming that neighborhood. Brightview attorneys also crafted the Town’s Assisted Living Facilities law, crafted around their above mentioned facility. Quid pro quo? Unethical behavior? Not at all -- this is the norm in Greenburgh.

Mired in a legal quagmire is the Dromore Road proposal(s) which has been said to have morphed through many iterations starting from luxury apartments to currently affordable housing. It is, in some small part, the project highlighting the Edgemont Community’s desire to incorporate and break away from the mismanagement grips of the Feiner administration since all other previous attempts have failed. And yet, while all efforts to incorporate have been thwarted by Mr Feiner, accentuating the Edgemont Community’s rationale in seeking incorporation, the Dromore Road project has dragged on and on in the courts. To date, the Town has spent $2.9 million dollars in legal fees in defense of their mismanagement!

Okay, getting back to why spot zoning is so critical to the Town and in particular, these developers. First, no one living in their home, which they purchased with the understanding that their residential neighborhood would remain just that, residential, ever thought that the Town would randomly change their neighborhood’s zoning at the whim of a developer. Second, the 7-years-in-the-making Comprehensive Plan, a document that many believe falls short of truly mapping out a future vision for the Town, had quite a bit of resident input which asked for more green space, less large buildings, more walking ability (10 pedestrian accidents so far this year in Greenburgh) and biking ability. Third, not being held hostage by developers who come in after their private meeting with Mr Feiner and announce that if the Town and the neighborhoods have demands that they will leave. Fourth, we have a zoning code and a Zoning Review Board of Appeals for a reason. By changing over to Floating Zones, we effectually negate any Zoning Code and Comprehensive Plan.

In fact, the Conservation Advisory Council (CAC) believes that the Metropolis Country Club proposal for a Continuum of Care Facility (CCF) “impairs the integrity of the Town’s Comprehensive Plan, and has serious adverse consequences on residents’ expectations regarding zoning in their neighborhood. Moreover, the proposed criteria for CCF’s is totally out-of-keeping with the criteria for Continuing Care Retirement Communities, a similar type of senior housing. With respect to siting a CCF at the Metropolis site, the application can proceed without adopting a floating zone. It may be able to proceed without any Zoning Code amendment at all or only a simple definitional amendment.”

Mr Feiner, his assorted Town Boards are caving in to the developers and special interest groups looking to build their Assisted Living facilities, hand them off to a management company and then disappear until the next postage stamp parcel becomes available for them to over-develop. Should this be allowed to continue? Of course not. But this is Mr Feiner’s modus operandi. Meet with the developers, tell them what they need to do and once completed get record-setting and speedy approvals. Does Greenburgh need this many assisted living facilities? Doubtful. Will you be able to afford to live there? The minimum costs we’ve all seen so far has been around $7,000 per month. Once you run out of money, then what? Mr Feiner is all but turning Greenburgh into “Grayburgh.” This is not a good transformation for our Town and has to change. It’s the only way we’ll get A Better Greenburgh.