The Sidewalk To Nowhere Finally Makes Sense

We posted an article on July 8, 2011 Paul Feiner: Three Card Monty – The Deception Continues - Part 2 about a sidewalk to nowhere being built by the Stop and Shop Supermarket developer on Rt 119 in the Glenville section of Town. You may not be aware of this, but Town law requires that all new commercial construction include a new sidewalk be built by the developer (in this case Robert Martin) in front of their property. In some cases, these are simply sidewalks to nowhere that the developer installs because it’s required, not because it makes sense. Case in point? There are many, however, the new mega-housing being built on Westchester View Lane off of Dobbs Ferry Road has a brand new sidewalk that fills the length of the property line and meets up with, well, nothing on each side.

Stop and Shop is located in what is now known as the Premier Plaza, in Glenville on the south side of Rt. 119. The Premier Plaza is an obvious reference to the location, which was where the old Premier Theatre had been located. Robert F. Weinberg, president of Robert Martin Company, espoused the site’s location as, “The center will sit near hotels, offices, and homes and is “the beginning of a new era of thinking” about mixing property uses. It’s starting to recognize that you can put several uses together, and you can reduce traffic,” he said. “You have to think about how can we improve our way of life without using more energy.” The use of buzzwords, such as consolidation, less energy, mixed usage, reduce traffic, new era of thinking, masks the future intent of the corridor. It also preps the public into being more acceptable to changing zoning under the guise of having mixed use as a good thing. It’s not.

The town originally approved site plans in 1983 for two office buildings, but granted a special permit for retail use in 2009. A second phase of the original Stop and Shop project is currently underway as can be witnessed with new construction taking place between the Stop and Shop and Rt. 119.

In 2009 we exposed a plan being worked on by the Westchester County Government and supported by Supervisor Feiner and his Board to build just over 1,000 units of residential apartment buildings (12) in the unincorporated section of Greenburgh along Rt 119 from the Marriot Hotel all the way to Rt 9 in Tarrytown. To do this, they proposed utilizing unused parking spaces in corporate building parking lots. This would require numerous zoning changes, which Supervisor Feiner has repeatedly proven he has no qualms doing for the right price. But what about the sidewalk to nowhere?

The Stop and Shop payoff, apparently brokered by the law firm DelBello, Donnellan, Weingarten, Wise & Wiederkehr, LLP, was to build a limited sidewalk near the Halston House apartments between Benedict Avenue and Rt 119. The cost in 2009 was about $238,000. ABG’s original post about this was on December 14, 2009, entitled “Sucking the Life Out of Route 119”. This sidewalk is across the street from the Stop and Shop location. Let that sink in. It’s across the street from Stop and Shop. We always wondered why they would build a sidewalk in a different location than on the property’s lot? Mr Feiner and the Town Board simply ignored the question and approved any application placed in front of them. Now it makes sense.

The Brightview Assisted Living facility project had not been exposed to the general public until, ahem, it was too late for the Glenville neighborhood. Obviously, Mr Feiner and the Town Board knew of their plans. Why else would they allow the developer across the street build a sidewalk someplace other than their property? Because this fits into Mr Feiner’s grand scheme to transform Rt. 119 before the Comprehensive Plan can be passed and put a halt to his wholesale over-developing of Rt. 119 and what’s left to the remaining open space in the Town.

Sidewalks to nowhere, over-development such as what is underway in north Greenburgh, failing infrastructures Town-wide, increased flooding without mitigation, added traffic congestion with no viable solution other than to suggest taking a bus, high-rise apartment buildings in lieu of parking spaces, discrimination lawsuit guilty verdicts, contractual violations with the County, blatant disregard for businesses, decreased Town services. The list is almost endless. Twenty-two years is simply too long to remain honest and effective. We see it now as we realize that yesterday’s actions are being done for tomorrow’s political moves. It has to end. Only then will we see A Better Greenburgh.

“Like A Bad Zombie Movie”

Unknowingly being filmed by the Town video system, three Town Council representatives Morgan, Jones and Juettner were having a casual conversation that was broadcast to the public. In it, Councilman Morgan seated at the conference table asks Councilman Jones, “So Ken, did they clean up [the] WestHelp?” Walking back on camera, Jones shrugged his shoulders almost suggesting a dismissive response.
Morgan continued, “Because, the main building, I had Victor and Richie* in there... ”
“Was it bad?” Juettner queried.
“That building was probably...” stated Jones.
“It looked like one of those bad zombie movies, B movies, with s*** thrown everywhere. So I said, I had them up there because I knew the County was going to try to make us look bad. So they sent like 10 guys up there ”
“Good.” injected Juettner.
“And cleaned up and put everything outside, so.”
“You know what, (unintelligible) its so stupid.”

You can watch the entire video here:

The balance of the conversation finds them discussing what might need to be done to the apartments, and other work to perform at the site. This was quite a different presentation than the unified “Everything will be okay,” or “the mold is manageable,” statements usually made in public. Its disturbing to learn of the actions taken by Morgan and the Board/Supervisor. Now, the County is pursuing taking back control of the property after two years of intentional neglect caused by this same Board and Supervisor. Equally disturbing is that this one action could have been taken over two years ago to close the facility, winterize it or at least keep the heat on to a minimum temperature to preserve the existing conditions of the apartments at that point in time. Even Mr Feiner’s handpicked, unqualified and inexperienced choice to manage the facility said the same thing!

The intentional neglect of this facility by Mr Feiner and his Board is reprehensible. As ABG has stated previously, the Greenburgh Housing Authority has maintained a list of people, residents, seeking housing in the Town. At the time Mr Feiner decided to abandon the facility, there were approximately 250 applicants waiting for a place to live. With 100+ applicants, Mr Feiner and his Board could have moved these people into these apartments with little or no effort. But he chose to play a game with their lives for election votes from Valhalla. This is a very sad state of affairs for our Town. Unfortunately, we’ve learned to expect deceit and lies from this current leadership based past performance. But playing these games when people need a place to live should not be tolerated.

Greenburgh residents have experienced the worst from our leadership numerous times as they rubber-stamp approve projects for developer after developer in the Unincorporated section of Town. No matter how logical, factual, truthful or well-stated, they lose to the developers and Mr Feiner’s goals. Guilty verdicts against the Supervisor and the Town (Fair Practices Committee, Fortress Bible Church, Valhalla School District) abound. Tax increases every year for property taxes, sewer taxes, water taxes) abound. Last year our management-lacking Board did away with leaf pickup under the guise of saving taxpayer dollars. When pushed for the amount saved, the Board offers silence. When neighborhoods fought large projects in their neighborhood based on facts (Fulton Park [Westhab], Edgemont [Dromore Road, ShopRight], Glenville [Stop & Shop, Brightview Ass’t Living], Sprain Road (Toll Bros.), Worthington-Woodlands (GameOn 365), they were dismissed in lieu of the developer’s requests. Spot-zoning, the illegal rezoning of parcels to accommodate a developer, seems to happen as a matter of routine course for developers – especially one represented by a particular White Plains law firm. The Town’s strategy appears to be one of divide and conquer.

When the Bronx River and Saw Mill River sides of the Town suffered from severe flooding from Hurricane/Tropical Storm Irene, Mr Feiner pointed to everyone but himself for residents, his residents, to approach for assistance. Every news media outlet regurgitated his “we seem to care” rant, but never followed up to show what he actually did (or didn’t do) to help his residents. Each event finds him pointing to everyone else to help his constituents except himself. That’s not being a leader or providing real leadership. When it came time to renew the WestHelp contract with then County Executive Andrew Spano, Mr Feiner decided to not renew it in hopes of gaining support from the Valhalla voters. After all, he was going to be running against a formidable candidate with Bob Bernstein (or whomever the unknown future candidate would be) and would need every edge he could muster.

This post only scratches the surface of what’s wrong. This video shows the insolent nature that this Board treats serious issues before the Town. The residents got what they voted for in this past Democratic Primary election. The amount of Democratic voters who participated was miniscule. Many are willfully ignorant and simply vote the party line because that’s the easiest thing they can do. But their cavalier attitude is severely costing all of us more than we should have to bear. Greenburgh residents deserve A Better Greenburgh.

* Victor Carozi, Highway Commissioner, Richard Fon, Deputy Commissioner

Ethics Complaint Filed

On August 17, a Code of Ethics Citizen’s Complaint was filed against Greenburgh Town Supervisor Paul J. Feiner (“Feiner”) and Judith Beville, Greenburgh Town Clerk, (“Beville”) alleging violations of the Greenburgh Code of Ethics in connection with their having solicited or accepted services in aid of their political campaigns for re-election from Town Attorney Timothy Lewis in violation of Chapter 570-7(A); and against each of them for aiding each other in the violation of such section of the Ethics Code in violation of Chapter 570-13. The allegations of this complaint are supported by the complainant’s sworn statement under penalty of perjury under the laws of the State of New York, being filed herewith with the Greenburgh Town Clerk, that the allegations contained herein are true and correct to the best of the complainant's knowledge, information and belief.

It is readily accepted by residents in the Town that Mr Feiner seems to operate, or “play”, by his own set of rules when it comes to what he wants or wants to do, regardless of ethics or legality. One example that comes to mind is his willingness to change Town zoning codes for a developer’s proposal. Not only is this illegal and known as “spot-zoning”, these changes are usually detrimental to the particular neighborhood affected and the Town overall. A recent case in point would be the Affordable Living Facility zoning change enacted by the Town Board which was written by the attorneys for the Brightview Assisted Living Facility proposal in the Glenville section of the Town. Needless to say, Brightview fared extremely well with the enactment of this change while the small Glenville community will be irrevocably changed.

At the Democratic Nominating Convention, held at Town Hall for free/no charge on May 24th, Mr Feiner lost the endorsement of the Democratic Party for Supervisor in this November’s election to Mr Robert Bernstein in what’s known as a weighted vote of District Leaders. Because there are two candidates vying for the endorsement, it forces a Democratic Primary vote which will be held on September 10th. At that time, registered Democratic voters will cast their votes to choose which candidate becomes the endorsed candidate of the Democratic Party. ABG urges all registered democrats to come out and vote.

The ethics complaint filed alleges that Mr Feiner (Supervisor) and Ms Beville (Clerk), as Public Officials, accepted contributions from Town Attorney Tim Lewis, who is an Appointed Town Officer, with his collection of ballot signatures for their respective candidacies. The Code of Ethics specifically states, “Chapter 570-7 of the Greenburgh Code of Ethics is entitled, “Prohibited Political Activities” and subsection A thereof is entitled, “Contributions.” Subsection 1 thereof states (in pertinent part) that “No Public Officer ... shall directly, or indirectly, solicit or accept any contribution or money or services or thing of value for any political party, campaign committee or any Candidate from any Appointed Officer or Employee ....” .”

The issue of “any contribution... or services” is the contention of this complaint. Obtaining signatures from an appointed town official in aid of an elected town official’s campaign for reelection is a violation of the code. Collecting signatures takes time and effort and is a service with value. Elected town officials should know better than to accept such services from their appointees, and appointees should know better than to aid such violations by the elected officials who appoint them. Mr Feiner, a non-practicing attorney recently had his last lawsuit tossed NY Supreme Court on a technicality. It’s no wonder Mr Feiner would easily “dismiss” his ethical responsibility to the Town and its residents in a desperate attempt to remove Mr Bernstein’s candidacy against him. 

In a previous posts on ABG, we discussed Mr Feiner’s dismissed lawsuit in more detail and how Mr Feiner disingenuously claimed he welcomed competition and that this was democracy in action. Apparently, he was not telling the truth as he challenged signatures acquired by the Bernstein campaign and even his Town Board colleague Councilman Francis Sheehan, even challenging an order of nuns who had gotten petition ballot signatures for Mr Bernstein! 

Political candidates have many resources available to them from the Board of Elections. When they are in doubt of a proper procedure or interpretation of a requirement mandated of a candidate, they can easily call the Board of Elections in White Plains or Albany for clarification and explanation. In fact, both the Democrats and Republican hold “Campaign Schools” for candidates to discuss the “rules” to help them navigate the maze of paperwork, deadlines, filings and donation requirements. After 22-years in office, Mr Feiner seems to have forgotten or chosen to ignore most of these requirements. Perhaps his time in office has exhausted him. Or, if he intends to remain in politics, he consider returning to school – Campaign School. The electorate has the ability to let Mr Feiner know they are exhausted too. By voting in the Democratic Primary, they might just help the Town be A Better Greenburgh. 

Due Diligence?

So much for The Paul and his Town Board doing their “due diligence”! You’ll recall in Town Board meeting after meeting The Paul continually boasting, to the point of bragging, that the Town Board was doing their due diligence in choosing a company to take over and operate the WestHelp property. For two years now, Town residents, the NAACP and others were all insisting to return it to its proper intent as affordable housing. You may recall the town is contractually required to provide low/moderate income housing at the WestHelp property.

But in a move to purchase votes and endear himself with Valhalla residents and certain county republicans, The Paul ordered the apartments to remain vacant for nearly two years. He also insisted they remain left open to facilitate their ruination, ultimately requiring demolition. This would ensure no low/moderate income residents return to the bucolic Valhalla Hamlet and allow The Paul to gift the property to the unsuspecting Ferncliff School to build a new residential school for the developmentally disabled on the property. The state rejected that proposal last month, insistent the property be used for affordable housing as intended. Another of The Paul’s latest schemes that would backfire!

Month after month, meeting after meeting many residents, and specifically the G10, would ask what the criteria was for selecting a vendor for the property. The new catch phrase from The Paul and his Board was, “Yada, yada, yada. We are doing our due diligence.” You can easily substitute a host of words/expressions for the “yada, yada, yada’s”. These substitutes could be: “blah, blah, blah”; “go away, go away, go away”; “we’re in over our heads, we’re in over our heads, we’re in over our heads”; “help us, help us, help us”. The list is endless. And yet The Paul persisted they stick to their due diligence story – and they did. Due diligence actually requires doing something. It appears they did little, if anything.

It’s been about two years or so since The Paul decided to pull the plug on the Town’s most lucrative “do-nothing” contract with the County of Westchester. The Town earned $1.2M per year in rental payments from the County for the WestHelp property. Because of The Paul’s latest scheme, the taxpayers lost this cool $1.2M per year that will a) never be recouped; and b) never be replaced with anything even close. In the meantime, after doing their due diligence, The Paul instructed his Board to choose the bid from a new partnership made up of the Richman Organization and Group MRH. They did. This partnership proposal promised to pay Greenburgh $1.5M up front and almost $500,000 annually. The payments will continue through the year 2032. They will also spend approximately $2M in renovations. The Town won’t even be making half of what it was before this debacle began and the Ferncliff School is no closer to finding a new home.

Now it’s been uncovered through other people’s due diligence that there is no partnership between the Richmond Group and Group MRH! So what due diligence was The Paul and his go-along Board engaged in? Can we expect similar due diligence from them regarding other projects in the Town, such as the Frank’s Nursery property? Or how about the spot-zoning changes recently made to accommodate the Brightview Assisted Living facility just off of Benedict Avenue at Rt 119? How much due diligence was performed here?

The Brightview spot-zoning change, another “done-deal”, happened not only for the Brightview developers, but was passed by the Board under the guise of a Town-wide change to allow Assisted Living facilities throughout the Town. Justification for this spot-zoning for one developer was evenly spread out through the entire Town’s Unincorporated districts, allowing four story buildings on postage stamp sized properties in residential neighborhoods. Due diligence? Hardly. The attorneys for Brightview wrote the spot-zoning change to benefit themselves and The Paul and his Board voted to approve it, and fast! After all, Brightview is on a schedule and might withdraw their plan if they’re delayed. They’ve repeatedly said so.

Now that the WestHelp deal is done, The Paul openly stated that the two organizations are not a partnership. And when asked if this would alter the WestHelp property deal or not, The Paul, who begrudgingly only reverses course when he is mandated to do so by court rulings, said, “Not at all. It’s not really a big deal. Richman was never going to be the financial backer. There were zero misrepresentations on the part of (MRH).” Perhaps not – technically. But after all the espoused due diligence, ABG wonders what their due diligence actually was? And now that you do know something is amiss, most normal leaders, at least in business, would take pause, review, perhaps reopen the evaluations or reopen the RFP process. In a story ABG posted called “Under The Circus’ Big Tent” on April 26th, we quoted The Paul saying, “This is not a game. This is not entertainment. This is not a circus. This is a business. We have a fiduciary responsibility to the taxpayers of Greenburgh to get the best possible deal for the Town.” This is a business? Really? Fiduciary responsibility? C’mon! Of course the representatives for MRH had no comment. They got what they wanted. Could this deal have been promised to them? You decide.

If this sounds a bit familiar to ABG readers, its because we’ve been living through this same scenario with another Unincorporated property and phantom business. The former Frank’s Nursery at 715 Dobbs Ferry Road was another “done-deal” brokered behind closed doors by The Paul and his Board with the “paper” company GameOn 365 before the Town acquired the property through foreclosure. Apparently, GameOn 365 did not have the money to purchase the property, so The Paul offered to lease it to them. A lease is simply illegal by county and state law. It wasn’t until a lawsuit was filed against The Paul and the Town that he withdrew his lease offer and offered to sell GameOn 365 the property – until House of Sports doubled the offer! That’s when The Paul and Francis “Back Pocket” Sheehan began a new mantra that they were only looking at “serious investors”. GameOn 365 had, and continues to have, no money. House of Sports is fully operational and has the financial resources to enter into the sale. Where’s The Paul’s fiduciary responsibility now? Business indeed!

The Town officials obviously did not do any due diligence and again made a deal with a questionable start-up company. Even more incredible is the arrogance of The Paul and his insistence to continue with this deal. ABG had hoped the Town’s due diligence would surprise us with a transaction that might get renovations underway immediately, help those in need of housing and follow the law. Once again, the Town leaders have failed miserably – this time with due diligence. Just as the investment company ads claim, that “Past performance is no guarantee of future results”, ABG is not confident The Paul and his complicit Board will do the right thing with the Frank’s Nursery property and provide us with different results. We can only hope.

No Smoke, No Mirrors, No Breaks

We’ve been treated poorly. Yet, we’ve waited. We’ve hoped. We’ve cajoled, complained and practically begged – all to no avail. We’ve hoped to learn what the criteria was as the Town Board routinely stated they were doing the “due diligence” regarding the WestHelp property that had provided a $1.2M annual “gift” to the Town. The Paul made a non-public decision to not renew the lease. Then he insisted it was the former Westchester County Executive’s decision, not his. Several phony emails later, it was shown to be The Paul who in fact refused to renew the lease, not the County Executive.

The implementation of the covert WestHelp plan from The Paul, aka “Mr. Open Government” with his media buddies, was underway. He had “someone” leave doors and windows of the facility kept open to allow the site to be pillaged of appliances, piping and other components. It also increased the likelihood that mold, animal infestation and weather would further degrade the facility. But for what reason? Once WestHelp ceased to use the facility, The Paul lost the  $1.2M annual golden goose and knew he needed to replace it. Money woes in the Town continue spiraling out of control for The Paul. On top of the lost WestHelp $1.2M annual payments, there was the Fortress Bible Church guilty decision, reaffirmed by an appeals court that could cost The Town upwards of $8M. There was the $4M water department deficit, the “windfall” of returned monies from the Valhalla School District for illegal payments The Paul and his Board made yearly are a drop in the proverbial bucket. And where was his complicit Stepford Board? Nowhere to be found unless they were rubber-stamping all of The Paul’s actions!

The latest move by The Paul and his Board is during almost every meeting, someone will make a motion to adjourn to “Executive Session” so they can collude unimpeded and get out from under the scrutiny of the public eye. The G10 performs the watchdog function long ago abandoned by the media as its members attend various meetings held at different times and locations throughout each day. As they report back we can’t always learn of the misaligned decisions the Board has made due to secrecy. They seemingly violate laws as well as the public trust, and we’re made aware only after it appears on a Town agenda. For a Town administration that espouses open government, there surely seems to be an inordinate amount of secret meetings and decisions taking place.

One decision that was asked about over and over again was the criteria being used in seeking investors for the former Frank’s Nursery property, the WestHelp property, the Brightview Assisted Living property, the Eastview (former Union Carbide) property and others. We’ve received shrugged shoulders and silence to our questions. Franks’s Nursery’s property is contaminated with numerous pollutants, oil and debris (underground). The Paul tried to illegally lease the property to GameOn 365. When the project met resistance from residents, he “offered” it for a referendum at the upcoming election. The referendum passed. A lawsuit followed because the referendum was illegal and he withdrew the lease. Legally, the Town must sell the property. To bolster his desire to give the property to his favored vendor, GameOn 365, he had an appraisal done by a firm that does other work for the Town. The appraisal came in at the exact amount of money GameOn 365 had proposed to pay for the property! Ironically, Elm Street Sports, which operates the House of Sports in Ardsley, has offered roughly double for the property. The Paul is doing whatever he can to stall the higher bid as it does not include GameOn 365.

The property at Eastview has been undergoing constant expansion in the last several years. During all of this expansion there has been no attention paid to the flooding this will cause south of the site. The Rt 9A corridor floods with any steady or significant rain storms now as the Saw Mill River quickly overflows it’s boundaries. It wreaks havoc on the residents and businesses that parallel the river. The Paul made a big deal of cleaning out the river once a Village of Elmsford trustee mades arrangements to do so. The Paul has been asked to do the same thing for the Greenburgh residents along the Bronx River. As with most Fairview needs and no news crews present, The Paul does nothing.

The WestHelp income of $1.2M annually is forever gone for the Town. The Paul had a plan to buy the votes of the Valhalla people by removing those pesky low-income, single, female parents with children that lived there, endearing himself with those voters. He proposed putting a self-contained developmentally disabled school in the space. Funded by New York State, the state said, “No!” A side benefit for The Paul would be to charm the county’s Republicans Rob Astorino, Michael Smith, Ned McCormack and others. This would be a win-win for The Paul. Shady operations? Racism? Sure, but The Paul knows he’s guaranteed to win re-election as there are no democrats strong enough to challenge him from within the party and the republicans have written off the Town of Greenburgh as forever blue!

This morning’s work session promises to raise the Town-wide use of Tums for many residents. Slated to begin at 9:30AM, we’re sure a 10AM start is more realistic. Today is the day The Paul has promised to pick a developer for the WestHelp property. There are several deals being offered and what we don’t know are the deals being made behind closed doors. Town Attorney Tim “Remediation” Lewis has claimed it wasn’t fair for the Board to disclose information to the public because these were sensitive negotiations that required secrecy. There were no contracts signed, just proposals. So they could have shared information but chose to remain silent – again. The Paul said they would keep information from the public because a resident spoke with one of the developers, a childhood friend of The Paul. His company subsequently withdrew their offer. Was The Paul’s “deal” so fragile that one conversation would cause its collapse? ABG thinks a more likely scenario was that once the bidder learned of all the misplays, misdirection and illegal activities that The Paul and his Board were doing with this property, they thought it better to exit post haste!

ABG is not convinced a decision will be made this morning. If one is, it will be interesting to see which one they accept. ABG also believes the Board will jump into executive session after exhausting themselves with one decision to hide the rest of their meeting from the public. ABG has also predicted that The Paul will award the sale of Frank’s Nursery to GameOn 365 with some babbling excuse as to why they should get it. Fortress Bible’s financial determination is about to land in the Town’s lap. The Saw Mill River and Bronx River neighborhoods are still flooding. Aging infrastructure collapses can’t keep up with the speed of The Paul’s decisions. More and more bad decisions seems to be the norm from this Town Board. The Paul’s further insulating the public from a truly open government through Executive Sessions and closed door meetings with developers. It has to end. We can only hope.

Coalition To Protect Their Jobs

A recent meeting hosted by The Paul at his personal meeting room (Town Hall) found numerous politicians assembled in a move to preserve their jobs and limit any competition from challengers, regardless of their party affiliation. ABG is reminded of the recent changes in Albany by the democrats to increase their span of control. Here, however, is a move under the guise of campaign reform that promises to increase the incumbents’ chances of never being voted out of office.

Former 20-year Westchester County Legislator and current NYS Assemblyman Thomas “Proclamation” Abinanti rarely spends his own money on a campaign. He prefers to use mailings from his elected office instead. It’s his personal Golden Goose. As a “news” or “informational” mailing, he as well as other elected politicians, are able to mail his entire constituency repeatedly and use duplicate and/or unique mailings at no cost. The cost is shifted to the electorate through our taxes. No doubt you’ve seen the mailings. They may come in the form of a letter or more often as a glossy array of photos showing proclamations being presented, checks exchanged, and ribbon cutting ceremonies to preserve a tree in someone’s name. It really doesn’t matter what the event as long as the politician has a photo of it.

Abinanti’s plan is to introduce a state bill that would have villages, towns, cities and counties fund elections with public money. Municipalities that participate in the program would provide candidates with $6 for every $1 that the candidates might raise. He claims that his bill, which would put a strain on municipalities that are struggling with tight budgets already, would reduce the influence that big donors have on campaigns and politicians. This move seems like something Abinanti would create to save a buck. Any money that he may have raised and is in his campaign war chest would not be used and go directly to him at some point. What it really does is aid the incumbents as they maintain a donar list and benefactors who continue to purchase what they want by greasing a politicians campaign.

During this meeting at our Town Hall, Yonkers City Council President Chuck Lesnick, known in Yonkers as “Lesnick the Liar”, said, “Opting into the program would cost Yonkers. They hold elections every other year and our costs are about $500,000 each election. He added “You can’t judge everything in terms of dollars and cents. What is a clean government worth?” What indeed? The Yonkers Inspector General seems to constantly work in hyperdrive doing investigations of political wrong-doings in the City of Hills, where nothing is on the level.

Finally The Paul added his two-cents worth saying, “Campaigns should not be about raising dollars but should be about issues.” It should always be about issues but never is. The Paul has over $100K in his campaign war-chest that will continue to grow and remain untouched. The Paul will once again be running unopposed with his two Stepford Board members Francis “Back Pocket” Sheehan and Diana “Sleepy” Juettner. Apparently, the Greenburgh Republican leadership prefers to remain in the shadows rather than do the work required to mount a campaign against them. For a change, The Paul is right that it should be about the issues. Issues such as: Fortress Bible guilty verdict, Dromore Road zoning, increased Service Station taxation on Central Avenue, WestHelp contract violations, WestHab spot-zoning and zoning violations, Rt 119 over-development, Assisted Living facilities zoning on undersized parcels of land, and more. But in Greenburgh, where it should be about the issues, it won’t. If our politicians never leave office, we’ll never get better representation. This bill should be killed and one for term limits should be offered instead. We can only hope. 

Et Tu?

As the saying goes, everything that goes around, comes around. It’s finally come around to The Paul. After abusing the trust placed with him by the electorate, he continually, routinely and cavalierly tossed their concerns aside and has done what he wanted. He spot-zoned numerous properties throughout the Unincorporated Town without regard to input and concerns voiced by the neighborhoods. He granted whatever any developer asked for and continues to do this today. As part of the 1%-ers, he was able to nestle his family quite comfortably in the gated community of Boulder Ridge at the edge of the Hastings-on-Hudson border near Costco, Home Depot and Stew Leonard’s.

There are discussions underway for a proposed commercial and residential development in Yonkers on the back side or northern cap of the Stew Leonard’s, Home Depot and Costco property. This property abuts the gated wonderland that The Paul lives in and would ultimately stunt the view of the Boulder Ridge homes. How? The proposal is to build a multiple use retail building encompassing 255,000 square feet of space by the retail giant Target and 400 residential apartments. This is exactly the right place for this type of combined project for Yonkers. Unless you are The Paul. It’s a bit complicated and yet so very simple. The Paul and his neighbors cannot complain that this will hurt their cherished view, or that these apartments may become low-income or even Section 8 housing (well practiced in Yonkers), and supposedly lower the value of their million dollar homes. So, they are saying that the increase in traffic will be a big issue for the area.

Really? Traffic as a problem? Nah! Every project that has been proposed in Greenburgh and come in front of the Town Board where the issue of increased traffic was a concern has been ignored by The Paul and his “go-along” Board. Add to the woes of increased local traffic due to the never-ending and over-budgeted I-287, 15-year debacle and you have significant traffic issues. This 15-year project has caused an upheaval in traffic on local roads as well as created massive traffic jams on the highway. But every traffic study supplied for every project, regardless of the scope or results were ignored by The Paul and his Stepford Board. Several projects where these results were ignored were the super Stop and Shop on Rt 119, the Greenburgh Health Center on Knollwood Road, WestHab in Fulton Park, Brightview Assisted Living Center at Rt 119 and Benedict Avenue and Dromore Road. All neighborhood pleas were ignored.

Interestingly, when the traffic study for Fulton Park was released and discussed, the report stated that the traffic in the area was already at an “F” rating. This should not be misconstrued as an “F” that a student would receive on a test. It is part of an alphabetical rating system that has a different meaning, and yet in this case had the same result! We all know that any report and its figures can be presented to deliver the results the presenter desires. Westhab’s traffic “expert” stated that the forty or fifty car increase in traffic at rush hour and during the course of the day in an already overburdened roadway system would be “negligible”. The Planning Board ignore these findings but the Zoning Board voted against the Westhab project and actually validated the neighborhood’s complaint and voted to recommend against a zoning change and halt the project. ABG believes The Paul told his Board, in a closed-door Executive session, to ignore this recommendation and vote for the massive zoning change. Ignore the traffic report details, the nay vote from Council of Greenburgh Civic Associations, the neighborhood’s collective voices, and push his pet project through – which they did!

When the Worthington-Woodlands Civic Association complained to The Paul and the Town Board against the sports bubble that GameOn 365 wanted to build at the old Frank’s Nursery property at 715 Dobbs Ferry Road, they soon found that The Paul not only supported the 83 foot, 8-story tall sports bubble, The Paul brokered the deal! Since when does a public official get involved with pushing a private sector deal through the governmental maze for developers? Since they came to Greenburgh. ABG cannot prove collusion but indeed wonders why The Paul and his minions would do this?

The shoe now appears to be on the other foot. The Paul’s position as Supervisor, already in double-overtime and in rapid decline, cannot stop the City of Yonkers from moving forward with developing their industrial area by the Yonkers toll booth/Stew Leonard’s/Home Depot/Costco’s. Like Fulton Park, the industrial area is right next to a residential area and Greenburgh’s forefathers intent was to allow a buffer from light commercial to residential and preserve the integrity of the residential neighborhood. But not The Paul. Rather than leave a buffer for the transition into Fulton Park, a much less affluent neighborhood than Boulder Ridge, The Paul decided to build and build big.

Yonkers and their developers have decided to do what is good for them, within their city and unfortunately, ignore the surrounding neighborhood. We recognize that Yonkers is in dire straights. The Paul has created the same environment in Greenburgh as we’ve experienced a decline in our quality of life throughout the Town. Perhaps the Boulder Ridge residents will not only view these stores and apartment buildings from their back windows, but will recognize this same decline other residents throughout Greenburgh have endured for years at the hands of The Paul. Et Tu? We can only hope.

Pleasantville Follows Greenburgh’s Wrong Course

In an article ABG found online from the White Plains Examiner, entitled, “Changes to P’ville Assisted Living Plan; Zoning Request Submitted” (http://www.theexaminernews.com/changes-to-pville-assisted-living-plan-zoning-request-submitted/), we found an eery and disappointing similarity to the zoning law change The Paul trumpeted through the Town Board’s phony approval process, aka “rubber stamp” for Brightview Assisted Living. In a move to to create an assisted living community behind Pleasantville’s United Methodist Church, a senior housing developer has proposed to officially request a zoning text amendment and map change as of last week.

The Wellesley, Massachusetts based Benchmark Senior Living representatives explained their plan at Monday’s Pleasantville Village Board meeting. They’ve proposed a plan for a 3.5-acre parcel of land from the church if their proposal receives approvals from the village. Benchmark is seeking approval for a new “floating zone” called the Eldercare Community District. This is the first in a series of steps necessary for the applicant to eventually build on the land. The “floating zone” would allow the village board the ability to approve assisted living facilities in areas that meet certain criteria, such as the requirement to develop the project on at least three acres with frontage on a state or county road. Sounds familiar.

Benchmark’s plan includes a four-story, 87-unit building in a residential area. Similarly, the Brightview Assisted Living Center facility is proposing to build a 90-unit four story building on a 4 acre parcel of land. They wrote the zoning law change and gave it to The Paul to rubber stamp to have their proposal move forward. Interestingly, Pleasantville Mayor Peter Scherer said the board has yet to receive the text of the amendment because Benchmark is still “tinkering” with it. Wow! Does anyone else see a problem with a developer drafting the zoning change they need to proceed with a for-profit proposal? Sounds familiar.

ABG has previously posted that our Town Board, Planning Board, Legal and Building Departments should be capable of writing an amendment to Greenburgh’s existing Zoning Law for Assisted Living Facilities within the Town. We would certainly hope for all the money Greenburgh taxpayers are losing under The Paul’s tenure that our own people could capably handle this and not the applicant! Although, when questioned before about another building proposal in Fairview, Councilman Francis “Back Pocket” Sheehan stated it was not unusual for contractors and developers to write zoning changes for their projects in the Town where one does not exist.

“The idea is to make it possible to allow certain kinds of uses, in this case assisted living, in various other zones without changing the underlying zoning,” Scherer said. “When we get it, we’ll have the option to accept it, reject it or to say we want to change it some way.” While we certainly appreciate the intent of what is being crafted to address Assisted Living facilities, it should be taken out of the hands of the developer. In fact, in Greenburgh, we have a Comprehensive Steering Committee that has been trying to develop and introduce a comprehensive plan for the Town. They should be writing the zoning amendment for the Town. The Paul has stalled their movement by adding more tasks for them to perform before the Comprehensive Plan can be introduced and even adopted. Once the Comprehensive Plan is adopted by the Town, The Paul’s wholesaling of the Unincorporated Greenburgh will be severely stunted. It’s probably why he won’t allow their mission to reach consummation!

Whether or not a good, usable, zoning change is offered or another developer gets to take advantage of this Village remains to be seen. We hope their elected officials are less yielding than Greenburgh’s and will focus on what is right for the Village and it’s residents, not the developer. We can only hope.

Town Approves Assisted Living Zoning Change; Disregards Residents Input – Again!

In an unsurprising and calculated move to assist yet another developer, the Town Board ignored countless amounts of input by residents warning of the numerous pitfalls of adopting the proposed zoning law change written by the developer, to assist them in building the Brightview Assisted Living Center. The developer apparently wrote the zoning amendment and gave it to the Board to vote upon. Can anyone say collusion? Also apparent is that the Town’s Legal, Planning and Building Departments are collectively incapable of working with our Zoning Board or crafting an addition to our Zoning Laws and thus left the “heavy lifting” to the developer’s attorneys. The facility will be a 3-story building off of Tarrytown Road, opposite the Sheraton Hotel at Benedict Ave with a Tarrytown mailing address in the Unincorporated Greenburgh. Now that the Town has approved the law, Brightview will be unimpeded to proceed with their project. Let the variances begin!

By the Town Board approving and amending this local law at the Town Board meeting on February 13, the zoning ordinance for the town was changed by adding a definition of assisted living facilities. It also creates a special permit criteria for such facilities. The problem with allowing the zoning change is that it will carry throughout the Town and allow buildings that would otherwise be inappropriate for residential neighborhoods. While the zoning map has already been amended to reflect the change, the result of this zoning change is that it will allow up to 100 bedrooms to be constructed in an “assisted living facility” on four acre sites within 200 feet of a state or county road. This should not be confused with a Senior Living Center or Senior Assisted Living Center.

Brightview will not accept those on Medicaid needing an assisted living center’s help. To cover that blunder that went unnoticed by Town Board members until residents pointed it out at one of the hearings, the town altered the conditions that will allow them to issue permits for facilities that accept medicaid. This was the Town Board’s appearance of being concerned that they want to help the poor. But those Greenburgh residents who are either poor or on Medicaid will never see the inside of Brightview unless they are going to visit someone there. We’re sure The Paul will have a bus readied at the Theodore Young Community Center for any seniors, poor or Medicaid recipients wishing to tour what they cannot afford.

The Board also factored in their right to deny permits to facilities if they will have an adverse impact upon the town. This is the “scapegoat clause” they put in place to placate everyone who objected to this zoning change that has now became Town-wide. Since we have yet to see The Paul say no to any developer, we doubt there will ever be any activity with this clause. It’s only there so they can say, “Look, we have the right to say no to any project.” Like that’ll ever happen.

Brightview, an assisted living facility, is going to overwhelm the small little neighborhood in the Glenville section of the Town because the zoning law The Paul and the Brightview developer crafted allows it. The Paul doesn’t care. The Town Board had many public discussions/hearings on the proposed zoning change before the new law was adopted. They’ve ignored every point that was made and passed the law the developer needed to proceed.

This was never about protecting a neighborhood for The Paul. It was never about creating a Town-wide assisted living provision in the zoning law for The Paul. It was never about trying to house our aging, less fortunate residents in a facility that can help them for The Paul. It was only about The Paul getting past any restrictions, limitations or laws that would keep one of his developer friends from getting to build what they wanted. They got it! This must change. We can only hope.

Calling In The Troops

As usual, the evenings Town Board meeting started out with about an hours and a half’s worth of wasted time. Patience exhausted, even Mother Theresa might have snapped. The first presentation was from a small group of students from the Xposure program of the Theodore Young Community Center. Their’s killed a half an hour. The Convicted criminal Alan Hochberg and his Citizen’s Committee  members each got up and hammered The Paul’s financial failures, with Hochberg returning to the microphone after each speaker to give a synopsis about that person. The mutual admiration society would have been proud.

Speaker after speaker got up and found fault with the financial operations of The Paul and the Town. As has been said, The Paul lacks the “shame gene” and while he should have been embarrassed that “his” committee ripped his policies apart, he just thanked them. After an hour of this, the Board might not have been ready to move on but the audience certainly was ready to get down to the real business at hand. There were two hearings: one for a Town-wide zoning change to allow Independent or Assisted Living Facilities and while removed from the agenda at the last minute, the GameOn 365 referendum/proposal/“done-deal” brokered behind closed doors by The Paul and his Stepford Board.

Several issues with the Brightview Senior Living Center start with a play on words as to what type of facility they plan to be. Then will they have kitchettes, or a communal dining room; will they accept Medicaid or not? If they do not accept Medicaid patients, will it really be low cost, and will poorer people will effectively be barred from this particular facility? Any future facility built under this zoning code will also be able to block Medicaid recipients, ultimately making these facilities only for the wealthy or those with assets that can be used to purchase entry.

Another issue is the size of not only the Brightview facility in particular but the future commercial structures to be allowed in any tiny residential neighborhood through this zoning change. Since the Town’s Legal and Building departments are incapable of writing a law, and The Paul will not utilize the expertise on his appointed Zoning Board, the Town always counts on the developer’s attorneys to craft and propose the law. The repeatedly experienced problem with this is that the law serves the developer better than it winds up serving the Town. Our Town Board, reliant on Francis “Back Pocket” Sheehan’s pseudo-legal abilities, usually produces sloppy, incomplete and inadequate Town laws. Whenever Sheehan writes proposed legislation for the Town, the G10 typically points out it’s flaws and then in their act of defiance, the Board passes it anyway.

Resident after resident got up to speak against the zoning proposal change mostly for three reasons: 1) it allowed structures to be four stories in the middle of residential neighborhoods throughout the Town; 2) it had setback allowances that would effectively let a parking lot be created to within feet of a private home; and 3) it utilizes state and county roads as a necessary access/egress to the facility. Two Edgemont residents suggested utilizing just a state road instead. Another consensus was that most people favored having assisted living facilities but were against such a liberal granting of neighborhoods to the developers, especially in residential neighborhoods. As Greenburgh becomes more and more congested with structures throughout the Town, we need tighter controls as to how we parcel our land away. We also feel that any structures created should incorporate flood, traffic and infrastructure alleviation since our current administration seems incapable and unwilling to do so.

The other hearing, pulled from the agenda at the last minute, was to be for the GameOn 365’s 83-ft tall sports bubble proposal for 715 Dobbs Ferry Road. Scan back through the ABG site and you can read in detail all the issues with this “done-deal”. Simply, a group of uninvested investors struck an apparent back room deal with The Paul to lease the property before it was acquired by the Town through foreclosure. Several plaintiffs sought a legal solution to this questionable and costly-to-the-Town deal, so The Paul turned around and decided to put the lease on the referendum. Both the proponents and opponents each posted a video on the Town website explaining their positions. The  supporters posted a slick 10-minute commercial. The opponents posted their positions and highlighted why this deal should not be done. The referendum, which was penned to favor approval by stretching the truth, passed. The Paul would go on to say that the people spoke. Actually, about 1% of the Town’s registered voters voted in the election and about two-thirds of them voted in favor of the proposal.

The room was literally split in two: GameOn 365’s supporters on one side and the Woodlands-Worthington neighborhood, the G10 and others sat on the opposite side. Even though the hearing had been removed from the agenda, both sides spoke passionately as to why they were for or against the proposal. The Paul continues to claim this is about one established company trying to stymie competition. The Paul has repeatedly pushed the GameOn 365 proposal after brokering what has been called a back-room, sweetheart, done, under-handed and under the table deal. It will require a zoning change after the property reverted back to residential six months after the foreclosure. The Paul will propose the change without reservation and mandate his Stepford Board to vote it through. They will comply without hesitation.

All the points as to why the proposal should not be allowed were not only impassioned, but logical. The GameOn 365 supporters were struggling to make their case. After all, we have the desire to build a superstructure to play kids games versus homeowners whom have invested in the homes, the neighborhood and the Town trying to save their largest investments. Game on stands to make a proposed $55M through the course of the fifteen-year rent-controled project. But wait, there’s more!

Once The Paul finally realized he would lose the lawsuit on all counts listed in it, he decided to change the deal to a sale, circumventing the court case. But the public voted in a referendum to support a lease, not a sale. No matter, The Paul could legally do this based on the legal requirements for foreclosed property. But wait, there’s more! Since The Paul decided to make this a sale, the House of Sports, located in Ardsley, the supposed “competitor” for GameOn 365, publicly announced they were offering $3.5M for the property! This is twice the money the Town would make from the GameOn 365 proposal! But wait, there’s more. House of Sports also said they would pay for the remediation of the property.

The Paul, never one to accept defeat quietly, did what he always does, he tried to level the playing field (no pun intended) and insist that House of Sports’ offer was not sincere. One of the House of Sports owners got up and said, “I am always serious about business.” Then another House of Sports owner got up and she questioned why the conditions The Paul was saddling on them was not done to GameOn 365? Everybody knows why, but the Board members won’t admit it’s because the House of Sports proposal was not the deal The Paul wanted. Fortunately for the House of Sports, they can meet with all the conditions The Paul throws in their path. During the night, The Paul could feel his grip slipping away. He began texting furiously to have supporters come to the meeting and speak for the proposal. They did. In fact, Town Clerk Beville pushed them to the top of the pile, forcing those who signed up earlier to speak to wait further into the night. That was wrong. Several residents protested. No matter for The Paul, the damage was done.

In the end, the neighborhood and the residents are the ones who will suffer. They will suffer with a bubble the is over eight stories tall. It will increase traffic congestion which will be compounded by additional traffic congestion from the Fortress Bible Church and School once it finally gets built nearby. The glaring issues of The Paul picking and choosing projects he favors, laws being broken, spot-zoning being done all pale to the bad shape the Town is spiraling into. It’s time for a change. We can only hope.

Mission Accomplished!

When The Paul started the Citizens Committee meeting Monday night, there were the usual faces in the audience. Also in attendance were those The Paul can count on to lob him softballs and non-question questions. This fact was reiterated throughout the meeting and highlighted by one woman who claimed, “We have to take personal responsibility when a storm in coming to be prepared. To do this,” she continued, “residents need to go to “ready.com” for a list of items one might need.” While not bad advice, it’s like watching the TV news before a storm or before a holiday. They’ll start broadcasting what you should do, not do, for how long, and so on for days on end only to see people demanding help because they didn’t heed the advice. 

For the uninitiated, this was strictly a ruse for the public. The Paul sent emails to his devoted followers to attend. And, attend they did. ABG assumes he prompted them to ask “his” questions, offer advice and of course, dish out compliments where “they” believed appropriate. His ploy worked so well, the room began to list as resident and non-resident alike stated that ConEd was the villain. It was working. Most in attendance ignored the obvious: The Paul did nothing to help before, during and after the storm - again! It was more of his standard operating procedure as The Paul got unencumbered publicity before his end of the month publicity quota expired. Frenzied reporters scrambled to get photos and names of speakers, already knowing their medium would simply use The Paul’s press release talking points for the bulk of their articles. In fact, they simply could leave early since they had all they needed before they got there!

As the constant campaigner, The Paul has developed his craft of subtle campaigning into a well-honed and revered art form. When he was awaiting the court’s verdict in the Fortress Bible case, he needed to deflect attention from his illegal actions and fast! Thankfully, the TappanZee Bridge had entered the campaign season from Obama and Cuomo and gave The Paul a deflection subject better than he could have imagine: save the old Tappan Zee Bridge as a park. He wasn’t the first person to come up with this. But since he has unfettered access to the media machine in Westchester, they gave him the platform he needed and led this rally for a short time until the governor trumped him and cast him aside. But the deflection was working.

The Paul and the Town of Greenburgh were found guilty, with the decision appealed and upheld in Appellate Court, of violating the Church’s first amendment rights of free speech, free assembly, equal protection, due process, and the Town had discriminated against the church under the Religious Land Use and Institutionalized Persons Act or RLUIPA. The judge cited the Town for “intentional delay, hostility and bias towards the Church's application.” This is a damning decision as to what’s wrong with and the lack of quality of leadership in the Town!

Thankfully, The Paul’s the Tappan Zee bridge emergency fiasco and gifted him the “out” he needed as he became the lead proponent of morphing of the current Tappan Zee bridge into a High Line Park, similar to what NYC did to a much-different and safer rail track in Manhattan’s west side. But the park wasn’t the issue. Deflection from the Fortress Bible decision was. ABG wonders why there isn’t outrage throughout the Town demanding the resignation of The Paul and his corrupt partner from that event, Councilwoman Diana Juettner? ABG believes he told her to keep her mouth shut and he’ll get her out of this. She obeyed.

The Citizen’s Committee would not have stopped the illegal actions of The Paul, Juettner and the other Board and various Department members who answer to The Paul of bad and illegal behavior. But The Paul certainly could have asked felon and fellow-schemer Alan Hochberg to investigate by forming a Citizen’s Committee subcommittee (as opposed to the faulty Ethics Committee) that could continue The Paul’s deflection toward another (mis)direction. Sure, there would be the questions and legal challenges from the G10, but they would wither through time as the phony decision from the committee would find The Paul did nothing wrong. Can you say Tammany Hall?

New Castle Town Supervisor Susan Carpenter was one of the attendees as well as several New Castle residents. Why they were remains an inconsequential mystery. Could it be she believed she might get an education in solutions management or campaign strategies by attending? She said that her town of was faced with the same problems as Greenburgh. As if scripted by The Paul, she too berated ConEd, the Public Service Commission and offered no solutions. If we continue to elect the same people, listen to the same press conferences and never hold their feet even near the flame, we should not expect solutions or different outcomes!

So The Paul has anointed ex-convict Alan Hochberg to chair the do-nothing committee to find fault with others and assist in deflecting attention from The Paul’s illegal, immoral, and ill-conceived actions until the next fiasco rears it’s ugly head from the shadows. Whether it is the Fortress Bible decision ($8 million), the WestHelp debacle ($1.2 million), the Water Department deficit ($4 million), the Dromore Road decision, Cumberland Farms, Brightview Assisted Living Center, Stop and Shop on Rt 119, flooding in Fulton Park along the Bronx River, flooding on the Rt 9A corridor in Elmsford, 400+ new condominiums off of Taxter Road, 400+ new condominiums at Eastview (both adding to the Rt 9A flooding), 20 new McMansions in Tarrytown/Greenburgh across from Kraft Foods and last but certainly not least, the GameOn 365 Sports Bubble with it’s über-contaminated site on Dobbs Ferry Road, The Paul is costing us a fortune. It must stop! 

The meeting for the Citizen’s Committee concluded with little more than finger-pointing and no solutions offered and the promise to discuss it more. The unsuspecting committee will meet, proctoring some ideas gleaned from The Paul’s press releases and have Alan Hochberg dutifully hand them to The Paul, feigning interest. There will be the requisite pomp and circumstance and then the committee will fade into the rising flood waters until the next time. They’ll never provide a solution to any of Mother Nature’s fury, the Town’s inability to help it’s constituents and The Paul’s ineptness with dealing with anything that doesn’t require having someone else do something. The best we can hope for is for The Paul and his Board to resign. The least we can hope for is they step aside and let the residents provide solutions. We can only hope.