Elmwood Preserve FEIS Public Hearing Still Open and Need Your Support

To all Unincorporated Town of Greenburgh Residents:

We are asking for your support (below) by writing letters, sending emails and making phone calls to the Town Board, the Zoning Board and Planning Board asking that they adhere to the Comprehensive Plan and not change the zoning for this project.

Re: ELMWOOD PRESERVE FEIS PUBLIC HEARING STILL OPEN

The Elmwood Preserve property should be developed within the existing Town Zoning Ordinance in accordance with the Greenburgh Comprehensive Plan adopted in 2016. We’re looking for Unincorporated Greenburgh residents to support this request by sending emails, letter and phone calls to the above mentioned Town Council and Commissioners.

Density:
The 2 requested zone changes for the 3 Multifamily Town House alternatives will result in a density increase between 34% and 55% more than the 2 Single Family Residence alternatives. The Town’s Comprehensive Plan, the Conservation Advisory Council and the Westchester County Planning Board do not support increased density in residential areas. On 3/3/22, the Council of Greenburgh Civic Associations representatives voted unanimously to support Single Family Residences on the Elmwood property.

Traffic:
This increased density will result in a substantial increase in traffic on Dobbs Ferry Road. Dobbs Ferry Rd. (State Rd - 100B) only has a single lane each way which accommodates 3 school districts (busses, private cars/vans) and the Westchester County # 6 bus line. In addition, there are the entrances and exits to the Sprain Brook Parkway.

Carlson’s Nursery (undergoing expansion to be developed into a Farmer’s Market), the Chelsea Assisted Living Facility, the Game On golf driving range, Landers Manor (9 SFRs), Westchester View Lane (24 SFRs) and another 15 SFRs, which are in the process of currently being built on Drago Way, are all across the street from the Elmwood property. On the corner of Dobbs Ferry Rd. and Worthington Rd. is the Fairview Fire Station #2 with E. Rumbrook Park on the other side of Elmwood. Also, there is a DaySchool /Camp on Dobbs Ferry Rd., right next to the Fire Station, which operates all year long. These properties are all within 8/10ths of a mile along Dobbs Ferry Rd..

Safety:
Fire Dept:
The number of Incident calls made by the Fairview Fire Station #2 in the last 4 years are as follows:
2018 - 1,171
2019 - 1,033
2020 - 1,110
2021 - 1,159

Police Dept:
The number of events responded to by the Police Dept. in this area for Police/EMT calls in the last 3 years are as follows:
2018 - 1,190
2019 - 1,225
2020 - 1,975
2021 - 1,730

The number of accidents on Dobbs Ferry Rd. between the Sprain Pkwy. and 9A are as follows:
2018 - 42
2019 - 41
2020 - 28
2021 - 33

These Fire Dept. and Police Dept. statistics will increase because of the Elmwood development and could result in more serious outcomes to all Greenburgh residents because of traffic jams.

Setting a Precedent:
By granting these 2 zone changes, a precedent will be set which will allow down-zoning to any large parcel of land, such as the 5 remaining golf courses in Greenburgh or any large camp property such as Mohawk or Hillard.

The Single Family Residences Alternatives (119 or 113) are zoning compliant (as of right) for this property of 106+ acres according to the Town Zoning Code.
According to the CAC’s SEQR Findings - FEIS (3/4/22), “the current zoning rules existed in the Zoning Code when the applicant bought the Elmwood property. Amending the Zoning Code is a legislative act. The Town Board has the unfettered right, in its discretion, to maintain the Town’s existing zoning, and is under no obligation to approve the application.”

– Dorrine Livson, President – Worthington Woodlands Civic Assoc.

Unnecessary Law Averted... For Now

Appeasement is a difficult game to play, although Mr Feiner always seems eager to jump into that fray. His apparent knee-jerk reaction typically belies levelheaded thought and evaluation. And once again he has not failed to disappoint. Recently, a number of ecologically minded extremists approached him about all the noise caused by leaf blowers specifically being used by landscapers and other horticultural professionals. They even went so far as to complain that residential usage was a problem!

In the course of a normal fair weather week, we can hear leaf blowers being used, sometimes right next door and other times a block or so away. While the sound inconvenience is not too disturbing, we prefer it over the music and partying that takes place until 3am and that ever-present boom-boom-boom bass. But it must all somehow relate to perspective. We’ve also complained to Mr Feiner about speeding on our street as have others only to be ignored. And yet, here’s a problem that the self-proclaimed “problem solver” can actually do something about by picking up the phone and calling Police Chief McNerney and asking him to commit a few cops to traffic control to address speeding. Done. But, as a lame-duck who just won another primary, he’s content to write off the residents who complain about speeding on Town roadways for yet another unproductive term in office.

While we agreed with the apathetic few who voted in the Democrat primary, Tasha Young was not the right choice. Then again, many said they had to hold their nose to even consider voting for Mr Feiner, ultimately voting for the devil you know or the one you don’t. What a sad state of affairs when the only choices we have, given roughly 90,000 residents, are Paul Feiner and Tasha Young! And, where are the Republicans or Independents or any others and why aren’t they stepping up? According to Westchester County Republican Chair Douglas Colety, the Republican Party has written off the Town of Greenburgh. From their viewpoint, a Republican can’t win and they don’t want to expend Republican resources for an unwinnable race. Tim Hays, the Greenburgh Republican Chairman, who has admitted he likes the Democrat Supervisor, even accepted a position on the Town’s feckless Board of Ethics, ensuring at least one favorable vote should Mr Feiner or his Board members require it. It’s not that Mr Hays can’t know right from wrong. Rather, this Board, prior to Mr Hays involvement, has a history of non-decisions and ethically challenged decisions between right and wrong – always favoring the administration. And should they actually want to render a decision, it’s only a recommendation to the Town Board for them to ultimately impose judgement. Can you say fox in the hen house?

Lest anyone believe that all is well in Greenburgh, you only need to see our last two articles regarding the School District’s School Board fiasco. No, all is not well in Mudville in almost any direction you chose to cast a stone. But with his sense of pandering aside, Mr Feiner suggested a proposal that would allow leaf blower use for four days during certain hours, with an education component for landscapers and residents. He said it could be a one-year trial program. What this really translates to is that this is another unnecessary law being pushed by a group who have nothing else to complain about and creating a problem in search of a solution.
“I feel if we start with a compromise, it’s not going to be perfect, but we can work off that every year,” Feiner said at the May 25 Work Session. “Right now, I’m suggesting we have a draft that would be subject to a public hearing but I’m trying to figure out what could we do that where we might be able to at least make some progress where it’s better than now.”

So, the real issue is what’s wrong now that we need to improve it? Are all neighbors using leaf blowers at all hours of the day and night that would warrant this? Of course not. Are cars and trucks speeding down our streets? Of course they are. Are any laws being written to address that? Of course not. There are already existing speeding laws but the police choose not to enforce them. Just like there are sound and noise laws that they will not enforce. If a street has a sign that says No Commercial Vehicles Except Local Delivery, does that keep tractor trailers from driving through our neighborhoods? Of course not. Are we writing laws to stop them? You guessed it, the simple answer is no. Why? Because they already exist but are not enforced.

Mr Feiner has openly developed a sanctuary Town for just about anything someone may want to do. It’s okay to dump refuse wherever construction crews, landscapers or residents (even non-residents) want to because they know they will not be caught and prosecuted and the Town will eventually pick it up and dispose of it at our cost. No policing and no confidence. We have single family residential homes being routinely used as multi-family, costing us more in resources at every level. No policing and no enforcement. We have unchecked trucks driving through our residential neighborhoods and all kinds of unchecked motorcycle and automotive speeding in those same neighborhoods. No policing and no enforcement. We have developers purchasing every piece of available and/or buildable land throughout the Town and promise Workforce, Affordable, Senior and Assisted Living housing until it comes time for them to challenge the Zoning code requirements to achieve their goals, discarding our residents’ concerns and feelings only to have Mr Feiner side with the developer and ignore the Comprehensive Plan (more a political statement than a plan). You’ll recall that the roadshows that were held all heard different residents state they wanted more open and green space, less impervious space, bike and walking paths and smaller buildings. In effect, they wanted to maintain and preserve the suburban feel for our Town.

Mr Feiner and his failed policies may be enjoyed by some progressives who wish to live in an urban environment. Most do not. Most moved to Greenburgh because they wish to have green space, with or without leaf blowers, bike paths, walking paths, green and open space and be able to ride a bicycle without fear of being struck by a car or truck. Our Town needs to change. Only then will we get A Better Greenburgh.

PETITION to Keep Greenburgh Green and Residential

PETITION to Keep Greenburgh Green and Residential

Unincorporated Greenburgh officials are currently considering an application by a developer to build senior housing pursuant to a zoning technique known as a Floating Zone. In essence, this allows commercial buildings in residential areas, as well as density bonuses to maximize developers’ profits. Adoption of Floating Zone legislation would be the most significant change to our Zoning Ordinance in decades. The impacts on the integrity of our neighborhoods and the overall character of our community, including the environment, traffic, demographics, and schools have not been considered adequately. 

Residents, not developers, should decide the future of our Town. To achieve this goal, we the undersigned residents of Unincorporated Greenburgh ask the Town Board to take the following steps: 

1) Reject the concept of Floating Zones and immediately adopt a moratorium on accepting applications for developments pursuant to Floating Zones, including but not limited to housing for seniors, solar farms and self-storage facilities. 

2) Appoint a Land Use Committee consisting of residents who will study how to implement the goals and policies of the Comprehensive Plan that pertain to providing adequate housing for the Town’s senior population. The Committee should determine the need and recommend appropriate locations and criteria for such facilities. 

3) Refrain from considering any changes to the Zoning Ordinance until the above issues have been thoroughly studied, the Land Use Committee has issued its report, and the public has had an opportunity to weigh in on the matter. 

We want the Town to follow the 2016 Comprehensive Plan: protect our residential and green spaces, encourage community-friendly commercial development in areas already designated for such use. 

Dora T. Ashley 

Carol Allen 

Elaine Taylor-Gordon 

Christopher Henry 

Aparna Rao 

Please join us and sign the petition online: https://www.change.org/Keep_Greenburgh_Green_and_Residential

Sign the Petition

Keep Greenburgh Green and Residential

CHANGE.ORG

Failed Business Model Continues To Be Embraced

In White Plains this week, The public hearing for a Site Plan application at 1 Water St. opened and closed on September 17, with the White Plains Planning Board sending a letter to the Common Council citing its strong support for this project to move forward.

The building to be demolished is located at the corner of Ferris Avenue and Water Street, near the bus station hub and the old White Plains mall. The property is 1.4 acres with an office building slated for demolition and includes a land swap with the city. The city property includes a White Plains firehouse, which would be rebuilt at another location. The redevelopment proposal includes a mixed-use 22-story building with 301 residential units, parking and some retail.

The project is similar to ones we've witnessed throughout our Town and region. Apparently the “mixed use” model is the only thing taught at architectural and business schools for planners and developers. Throw in some residential, business and parking and your project will be green-lighted by these elected-for-life politicians seeking more tax dollars to spend. With all the flatulence we hear from them, when are these projects going to reduce our taxes as promised? Spoiler alert: they never do and never will.

Now we see Mr Feiner ignoring the Comprehensive Plan, as weak and intentionally vague as it is, by cavalierly spending hundreds of thousands of taxpayer monies in the Hartsdale Four Corners (H4C) area. This effort is smoke and mirrors to appease the Hartsdale community from following their Edgemont neighbors and threaten incorporation after being ignored by Mr Feiner and his Board for so long. While seceding from the corrupt and ill-run Town may be a very real conversational topic, we don't believe enough Hartsdale residents are dissatisfied enough to actually make that journey.

In the recent Greenburgh Democratic candidate primary, three candidates were whittled down to two, effectively forcing Eric Zinger out of the race. He is a Hartsdale resident and member of the Democratic [p]Party who would have been our first choice of the three potential candidates for a number of reasons. However, while Mr Zinger could have been the most effective candidate, he's not in the Democrat's inner-circle and has also been critical of the current Administration.

The Comprehensive Plan originally had “nodes” at four-corner intersections whenever future development were to happen throughout the Town. Most residents who spoke at the Comp Plan Road Shows were vehemently against them and they were eventually scrapped. The proposal offered by Inspired Designs, a home operated business, legally or not, went with a design that was similar to what those speakers objected to. Ironically, while politicians keep feeding us flavored information, such as millennial's don't drive or own cars, and that these multi-use buildings do not need parking, the truth is a lot different. Have you ever sought a parking space anywhere in the Hartsdale area? If you have, you'll quickly realize that if you weren't born in that space, you might as well just keep driving.

We don't know what the love affair is with first floor retail combined with residential apartments above without parking, but it's a failed model. It's easy to understand. Simply, not many people want to live at the sidewalk level of a building due to lack of privacy among other concerns. But with these same politicians that are telling us retail is dead, all the while increasing taxes and fees and regulations, forcing the point and pinning their hopes on revenue that is not there nor is about to be, the builders and the developers will build no matter what. In the end, they will remain vacant as well as similar existing ones, lining the pockets of developers and politicians and doing nothing to change our landscape for the better. After awhile, it will be left vacant as a tax deduction instead of a tax payment generator. The politicos will give tax breaks in hopes of increasing the odds of gaining vacancy. But when the tax exemptions run out, so will the tenants. This prevailing mentality has to stop.

The White Plains project we opened this article with would include 59 studio apartments, 143 one-bedroom units, 91 two-bedroom units, and eight three-bedroom apartments, over four stories of structured parking all near the White Plains train station. At ground level, the plan calls for 12,000 sq. ft. of retail with pedestrian walkways. Of course there will be amenities for the residents, electric vehicle charging stations, low-flow plumbing, and Energy Star appliances as well as some sort of water/flooding mitigation. What's not listed is how much the domiciles will cost.

The reality however is that the facility will have storm water runoff aimed at the already swollen and overflowing, ill-maintained Bronx River. The parking issues will always be a concern, the retail space will either be a laundromat/cleaners, a stationery store selling newspapers and lotto tickets, a nail salon or some other service oriented retail business that will struggle to generate enough business to afford the rent. It's a classic story whose time to think differently and explore new concepts and new ideas is upon us. Maybe it's time to vote in some visionaries who can see past the same failed models. It's the only way to get A Better Greenburgh.

Hartsdale 4-Corners Needs Change

A presentation to the Town Board at their weekly work session by the owners of Inspired Places touched on a good number of items that could potentially change the Hartsdale 4-corners (4-C) area. However, for this area to change, some radical thinking, fresh ideas, money and most importantly zoning changes will be required. Whether or not these changes can happen must begin with the Town Board. To that end, Mr Feiner asked for a report in two weeks on how to make this process move forward. Cooler heads prevailed, however, and it was decided that Garrett Duquesne would work with the women and notify the Board when the information required would be ready for the next step.

Much was said as to what might be required to transform the 4-corners area from what it currently is now to what it might become. There were six topics of discussion: zoning, mobility, infrastructure, environmental, aesthetics and community well-being. Zoning, the first and probably foremost catalyst to a 4-C change, rests solely in the lap of Mr Feiner and his Board. Since we know they are more than willing to change zoning codes for any developer faster than a hooker asking if you’re looking to party, we don’t see much resistance here. However, while his Board’s zeal to please their master aside, it will be up to residents to ensure the zoning changes are correct, qualified, and will not be used by others elsewhere. An example is that the apartment buildings on Hartsdale Avenue in Hartsdale are zoned M-174. Mr Feiner pushed for the Westhab building in Fulton Park to also be M-174. Fortunately, after much community opposition, Westhab acquiesced from a 7-story building to a 4-story one with an assurance from them and Mr Feiner’s Board that they would never build “up” in perpetuity.

So with no cohesive zoning plan for the Town, Mr Feiner routinely offers zoning changes to developers for what zoning we do have and then informs the public that the Town will benefit from the changes and reap millions in taxes, permits and fees – even though those numbers rarely, if ever, materialize. Or, if they do materialize, those funds are used to pay off guilty verdict fines such as the Fortress Bible Church discrimination case for $6.5 million. Given Mr Feiner and his Board’s willingness, if not eagerness, to spot-zone, the Town needs to have a vehicle to control this wanton disregard for the early Town planner’s vision for the Town. This could have happened when the Town spent, or rather wasted, 8-years and $600,000 developing a Town Comprehensive Plan that effectively does nothing to address zoning, future growth and/or growth limitations for the Town. Nor does it reign in control of the Supervisor and his Board from spot zoning as they please. This too is one of the costs of not having term limits. After some 25-years in office, most residents are hungry for a leadership change. Sadly, both the Democrats and Republicans will offer none.

Based on the recent and very protracted Edgemont Incorporation Council’s (EIC) attempt to have the Edgemont Unincorporated section of Town seek to incorporate and become a village within the Town, we believe Mr Feiner will appear to make every attempt to placate Hartsdale residents. This is primarily because since Mr Feiner has tried numerous ways to thwart the EIC attempts, the rumor mill began churning of Hartsdale incorporation talk ­– which must scare the hell out of Mr Feiner and his Board! They don’t need to be dealing with incorporation on two fronts.

With Inspired Places, LLC, presentation, represented by Hartsdale residents Patrice Ingrassia and Christine Broda, they highlighted some of the issues that have plagued the 4-C intersection. Basically, the retail environment has suffered due to high permit fees and length of time to acquire them, inadequate parking, flooding, heavily congested roadways with bottlenecks, internet purchasing, a lack of foot or pedestrian traffic and so on. These problems have all been talked about before, lamented by the Town administration and later ignored as they move to the newest shiny object that they can publicize and politicize.

Other issues also factor in to the equation, such as an abhorrent area of uncoordinated signage, strings of overhead wiring, old and outdated building facades and that there is little if any pervious space. The entire area is taken up by the various buildings’ footprints, concrete and asphalt. As pointed out during the presentation, the 4-C area is mainly regarded as an intersection of two major roadways. Central Park Avenue and Hartsdale Avenue, providing the lion’s share  of east-west and north-south automotive connectivity. What is seriously lacking is a safe and easy manner for pedestrians to park and frequent the businesses that have staked a claim in the 4-C area.

We are happy to see this study undertaken and endorsed by many. And while it would prove interesting to see how well it progresses, it is but the tip of the iceberg. First, traffic congestion and flow needs to be addressed beyond saying everyone should use mass transit or we should have more buses. We have witnessed repeated issues with the Bee-Line bus system cutting routes and frequencies of buses due to declining ridership, limited schedules (including holiday schedules), availability to key areas and cost to operate. Several years in a row have seen the Express Bus System in jeopardy as well as other routes abandoned as not being cost-effective where they were.

Second, flooding must be addressed as a Town and County-wide issue if we are to truly make any inroads in controlling flooding, assisting our taxpaying residents and businesses, and helping everyone in the Town flourish. The Bronx and Saw Mill rivers are the two major pathways for flood and runoff water to exit our area. Both of these rivers must be cleaned, dredged, widened and then maintained so our residents can live safely and dryly. The County, Towns and Villages must also limit new construction and upgrade existing infrastructure to help with all of this.

Third, zoning must be changed in a way that will not allow it to be bastardized by a developer and then agreed to by any elected officials. The pseudo-Comprehensive Plan could have addressed this and put forth a zoning plan that assisted in the Town’s future growth. But they did not. Instead, they chose to politicize the effort and create a document that discusses global warming and such. Want to address global warming? Create a document that does what the residents told you they wanted: less impervious space, smaller buildings, more green space, bike and walking paths to name a few and leave the political statements for another time.

Finally, with or without a Comprehensive Plan that is viable, we need to have a direction that the public requests and that politicians can join in to have a focus to improve the Town (and County) resident’s lives. The Hartsdale 4-Corners project could be the first step in the right direction. Let’s hope so. Only then will we get A Better Greenburgh.

Leadership Remains Stale as Ideas and Creative Thinking Wither

As the Shelbourne assisted living saga continues to drag out with both sides knowing the probable outcome after all of the lawsuits, we’re faced with other construction proposals elsewhere. By the time the public learns of these other projects, we usually uncover that Mr Feiner has had secret meetings with them long before the breath of public knowledge. They pitch their ideas in the corner office, seeking help, advice and strategies. Such was the case with GameOn 365, friends of Mr Feiner who would be positioned by him for a windfall property gain at 715 Dobbs Ferry Road, the former Frank’s Nursery property. Regardless of the tactics employed by Mr Feiner, the neighborhoods surrounding the property were able to beat him at his own game, stood united and thwarted the illegal deal he made with them.

Now we have the Shelbourne assisted living proposal that has already visited the halls of justice. Mr Feiner openly stated he was for the assisted living facility before the Edgemont community protested and then he was against it. It also appears that Mr Sheehan has publicly stated he is against the variances that were granted by the Zoning Board of Appeals. You may also recall Mr Sheehan chaired the questionably received Town Comprehensive Plan, making it nothing more than a weak politically correct statement of current events – none of which can be certified scientifically – and not a vision for the Town’s future. It was a golden opportunity whose capital was squandered away for a brief moment of political acknowledgement. Sadly, this seems to be what our past 25 years of stale leadership is providing the Town. If misery loves company, we’ll not alone.

After some 20-years of dormancy, the former General Motors assembly plant site in Sleepy Hollow, seems poised to begin construction of the Edge-on-Hudson mega-development. After completing remediation (none of which Town Attorney Tim Lewis offered to provide estimates for) the below-ground infrastructure needs were addressed. With that completed, vertical construction should finally proceed at an estimated $1billion cost. It is a joint venture between two developers, SunCal of California and Diversified Realty Advisors of Montvale, New Jersey. But what are they proposing to build at the end of Beekman Avenue that Toll Brothers, a Pennsylvania company, will be constructing?

Once again, this mega-development will include 1,177 units of condominiums, townhouses and rental apartments; a 140-room boutique hotel; 135,000 square feet of retail space and 35,000 square feet of office space. This proposal has the hallmarks of touching every issue for any community that entertains a developer’s vision: increased traffic, flooding, increased school enrollment, increased emergency services call volume for police, fire and ambulance, the need for more parking, bus and taxi services, undersized roadways and traffic systems to name a few. They’ll also include millennial favorites such as a state-of-the-art exercise facility, a pool, community room and a coffee shop. There will be limited parking as the developers will insist these same millennials do not drive – usually disproved as the sales and rentals steadily increase. How long will it take before we start seeing For Rent signs in these new vacant retail spaces that becomes the status quo?

Every developer we’ve ever listened to provides a traffic study after their initial proposal utilizing the state’s figures for the size of the development. What it doesn’t account for is the fact that Sleepy Hollow, like all of the other river towns, can only have 180 degrees of access as it has the Hudson River utilizing the other 180 degrees of that travel circle, effectively halving their span of attraction, a factor that all river town businesses suffer from. Consequently, Edge of Hudson begins its struggle with a half-capacity for traffic relief right out of the gate. But, not to worry – millennials don’t own cars or drive. Regardless, the traffic study will reflect what the developer needs it to be: a marginal increase in traffic during the 7am through 9am and the 4pm through 6pm rush hour periods.

Most of the developments nowadays appear to have first floor retail space on most, if not all of their ground floor buildings. Why stay with this staid and non-functioning model if brick-and-mortar retail is dying? It’s simply because first floor units are the least desirable to live in. Hence, the use of the old standby for retail space. So more coffee shops, nail salons, dry cleaners, Subway-like fast food businesses and dollar stores. It’s absurd! Yet community leaders will continue to discuss the changing landscape of retail – while having absolutely no experience or direct knowledge of running a business for profit – and tell us how the internet is changing the shopping paradigm. With this being the case, shouldn’t we look for a different and more viable plan? Of course we should.

The office space seems like a fairly innocuous offering. Are zoning changes being made to accommodate these retail and business inclusions into this residential housing? Are they really necessary? While 35,000 square feet isn’t that great a space, what happens to it if it cannot be rented out? And what of the hotel that will be constructed on the property? What will be the daily impact of its operation to the area? Will traffic conditions affect the flow of traffic in just Sleepy Hollow or will it also attack Tarrytown, Elmsford, Pocantico Hills, Scarborough, etc.? We’ve been told repeatedly that millennials don’t drive. If they do own a car will they drive their cars back and forth to work? Will the hotel have customers walking to them or only taking their shuttle from outer points because it doesn’t allow or have enough parking? Will there be docks that boaters can use? If there are, who will oversee them?

This project isn’t in Greenburgh per se. However every project done in one location can be easily cannibalized and imported to another. Just look at the Shelbourne project on the heels of the Brightview assisted living monstrosity that was inflicted at Benedict Avenue and Rt 119. If it happens in one neighborhood, it can happen in yours. A true Comprehensive Plan could have spared us this type of real estate debauchery. Instead, we were given platitudes about global warming and 500-year storms that are happening every year. This stale thinking needs to change – everywhere. But it needs to start here and then be moved to other neighborhoods just like the bad developments have. Only then can we get A Better Greenburgh.

Senior Housing and the Comprehensive Plan

Here’s something we don’t hear about every day, or ever see happening in Greenburgh. The City of Rye has elected to change zoning for a commercial property into residential in the hopes of repurposing vacant or unused office space in their community. Specifically, construction is slated to start on a 122-unit senior home in a former office building at 120 Old Post Road after the city's Planning Commission completes a site plan review. According to Republican Rye City Councilman Richard Mecca, “…there’s a market for this kind of property.”

The kind of property he’s discussing is the construction of a 122-unit senior housing facility that would provide luxury residential housing for seniors. The office building in question has been unoccupied since 2009. Once completed, the over-55 residents would be able to choose from one and two bedroom apartments. The current building would be razed and a new 245,000 square feet building would be constructed, roughly 3 times the size of the current building. While we question the increased size as necessary, we’re sure the developers have claimed the usual reasons, focusing on their profitability only working with this size building. We’re also sure if challenged, they have another number they are willing to scale it down to.

In Greenburgh, however, we’ve seen the new Comprehensive Plan adopted. Critics, including ABG, point out that it is more of a political document/statement and an encapsulation of what the Town currently has as opposed to providing a blueprint and true plan for the future of our Town. After 8 long years of preparation, public forums and road shows, the document falls flat on its face, allowing Mr Feiner and his Board similar carte blanche with zoning changes throughout the Unincorporated Town. This failing will be evident tomorrow night when the Town Board adopts a change to zoning specific to the Manhattan Avenue area to eliminate the existing HUD housing and build bigger buildings with mix-use retail space at ground level. It’s easy to perceive the Town Board as doing spot-zoning but they will apply this as a Town-wide endeavor to skirt that issue.

The one bright light throughout Mr Feiner’s constant onslaught to allow commercial enterprises in residential areas has been neighborhood pushback. At the former Frank’s Nursery property on Dobbs Ferry Road, Mr Feiner tried to convince residents to accept an 8-story, 83-foot sports bubble in their residential neighborhood on that property. By banding together, they were able to push back with one mantra: keep the zoning residential and build residential housing of any type at that location!

The GameOn 365 owners, who had been encouraged in private meetings with Mr Feiner and his Board  not to worry about the zoning as they would name themselves the lead agency and push the zoning change through, moved their plans to the Visioli golf driving range property next door. What Mr Feiner and crew hadn’t counted on was the resolve and intelligence of the residents. Using the Town’s own laws, they held fast and got every neighbor adjacent to the property to object to the usage. Subsequently, after Mr Feiner played his games with the property and losing more money for the Town, movement on creating a new senior assisted living facility has begun.

To that end, there will be a Public Hearing/Discussion on the proposed CHS Assisted Living Facility at the Planning Board on Wed. Oct. 19th. The meeting starts at 8:00pm. Residents of the Town are urged to attend to see and hear what the plans are for this new facility. This is a story of David beating Goliath. Right now, however, we applaud the City of Rye for taking a positive step in creating housing from commercial property and wished we could see similar thinking in our Town. Only then will we see A Better Greenburgh.

It Needn't Take Eight Years

Whether you call it a Comprehensive Plan, a Master Plan or something else, it’s an idea whose time is long overdue for our Town. In Greenburgh, a Comprehensive Plan already exists that was created numerous years ago by many forward thinking leaders. Most residents don’t know of it because Mr Feiner and his Board have allowed pretty much any design or proposal to be built, regardless of whether it blended with the surrounding area or not. However, eight years ago an effort was undertaken to create a new Comprehensive Plan for the Town, citing a need for a plan for the Town’s future.

Many residents, including ABG and the G10 favored this idea. But we favored it for more selfish reasons. We wanted a Comprehensive Plan in place to slow Mr Feiner and his Board’s spot-zoning explosions throughout Unincorporated Greenburgh. You see, when there is a Comprehensive Plan for a Town or Village, it makes rezoning more difficult to do according to NYS law and sets some ground rules in place that must be followed. The ground rules in Greenburgh are pretty much “anything goes” and it shows.

In Fulton Park, for example, Mr Feiner championed the Westhab low-income apartment building that has been referred to by most who see it as The Gulag, a hideously designed building mostly of exterior grey slabs that add no warmth, feeling of neighborhood or community to it and stands out like a sore thumb. It reminds many of the drab Russian buildings seen in the 1960’s and 1970’s, hence the name, The Gulag. In fact, residents were ignored when they asked for a more attractive and conducive structure to be built, being told it was patterned after area buildings, specifically the old Nynex phone company building across the street. Even it, designed and built in the 1950’s shows more character. Now that it is being leased to the County for DSS services, it will never be given a fresh look.

Another example is the Greenburgh Library, often referred to as “The Ski Slope”, an apparently award-winning design. But that matters little after the lead agency approved it and then tried to cut corners. Who was the lead agency? Mr Feiner and his Board, of course. And, they approved the design even after Mr Feiner said he didn’t like it – he was hedging his bets and was “playing” the public by doing his typical rope-a-dope, “I like it, I don’t like it.” While the old library offered more space and utilization even though it may not have won any awards, there were immediate issues with the new addition, overseen by Mr Feiner and his Town Board sans planning, building or construction experience.

The thermal heat pump HVAC system that was supposed to be put on the south side of the building where the drive and employee parking is, was not put there because the lead agency didn’t do their due diligence, their homework, or ask the correct questions of the plans. Had they correctly followed the process they often brag about, they might have learned that moving it to the other side of the building – which they authorized – and only going half as deep as they needed, would prove ineffective and be a waste of time, money and resources. Other issues continue to plague this facility: leaks in the roof, failed boilers for heat, inadequate and failed air conditioning units, lack of community room space, frozen sprinklers and leaks every year and more. Is it any wonder the Library was unable to stay open on weekends several years ago?

At the last Town Board meeting, another hearing for the proposed Comprehensive Plan was on the agenda. The watered-down and almost ineffectual newly proposed Comprehensive Plan was more proof that this has been shaped into a political agenda and wreaked of a lack of open government from 177 Hillside Avenue. Town Councilman Francis Sheehan and then Planning Commissioner Thomas Madden were leading this project. Members from different Boards were also members of the Comprehensive Plan Steering Committee. You must keep in mind that all Board members for Building, Zoning, Planning and others are appointed positions by Mr Feiner and ratified by his Board. All of those Board members know they must tow the Feiner-line or risk being “Sonya’d”. So the shapes of these Boards along with their decisions are easily influenced and results had by Mr Feiner. His Board just knows to go along or be jettisoned in the next election.

Speaker after speaker as well as community leaders all bemoaned the changing of so many sections and how the document no longer reflected the will of the people who were given several opportunities to not only provide initial creation input, but to review various iterations of it at 5 road-show meetings. The people were clear. They wanted more green space, less traffic, smaller buildings, bike and walking paths and cohesive designs so buildings create a beautiful community, not a disjointed, ad hoc corridor of competing designs. Why did the Comprehensive Plan Steering Committee summarily dismiss the will of the people? ABG staffers believe Mr Feiner told those he controls that it was what he wanted. Why do we think this? Because almost every time Mr Sheehan would report at a Town Board meeting that the committee was wrapping up its proposal for public consumption, Mr Feiner would throw another task at them that would delay them, sometimes for more than a year! He does not want a Comprehensive Plan because it will stunt his ability to help his developer friends.

Eight years is a long time for any committee to exist and not provide any substantive and positive conclusions. In fact, in Pleasantville, they are undertaking the updating of their Master Plan for themselves. Smartly, they have hired BFJ Planning to assist them with this undertaking and are already making headway. Their existing plan dates back to 1995 and they thought it time to refresh it as they have so little developable space left. One resident said he favored seeing more retail space in the center of the Village and a green gathering space instead of parking spaces. Obviously, he doesn’t get it. If you have retail, a) you must accommodate parking as to attract shoppers; b) short of restaurants, nail salons, pizza parlors and such, how much “downtown” shopping would be generated?; c) with current taxes, vis-à-vis rents, what kind of retail operation can afford to maintain their business especially if there is limited parking? Sadly, the retail they will get is limited mostly to large retail chains that small Towns and Villages seem to resist.

Having a plan for almost anything is a good idea. Undertaking such an intensive project is not for the faint of heart. The Greenburgh Comprehensive Plan Steering Committee took on a big task. They got sidetracked with city development planning terms like “charrettes” and “nodes” thanks to Thomas Madden and perhaps others. They wasted time on Climate Change when they could have used one line to say, “they would strive to have developers and the Town participate in the most ecologically sound practices to preserve our resources and environments.” In fact, the Town Board adopted LEEDS certification requirements that they never enforce that could work toward that end. The committee watered down other areas, which would allow extremely loose interpretation on zoning change requests by developers, giving Mr Feiner the carte blanche he currently has with spot-zoning changes he wishes to make.

The Greenburgh Comprehensive Plan Steering Committee needs to ask for a “time-out” and go back to the drawing board and construct a plan that is actually forward-thinking for the future and does not just explain what we currently have. This golden opportunity missed can still be salvaged. If the pressure from the corner office is too great, perhaps it’s time for a change in the committee and especially at Town Hall. Only then will we get A Better Greenburgh.

Town Wrong Again, Snubs Nose At Process and Residents

It's no secret that when Mr Feiner wants a project to go through, he will do everything possible to stack the deck for that project's developer. Such is the case with the Formation-Shelbourne's oversized assisted living facility project that would replace the Sprainbrook Nursery. It's the first proposal for an assisted living facility that clearly does not meet the Town Board's newly adopted (2-yr old) assisted living zoning code. It was adopted specifically to allow the Brightview facility to be built at Rt 119 and Benedict Avenue - another project Mr Feiner favored. In fact, after adopting the code change that Thomas Madden, then the Planning Commissioner, along with Mr Sheehan and others, insisted another assisted living facility could not be built anywhere in Unincorporated Greenburgh because there is no space that could accommodate it!

This debacle, highlighting the public's outcry that the Town Board follow the process and allow the project to proceed, or not, of its own volition, has routinely been ignored by a deaf Town Board. But since Mr Feiner wants this project to go through even though it violates the zoning, he insisted on pushing it through against protests of the taxpayers. He's again violated the process he so often refers to, claiming that the residents should have confidence in the process. Actions such as these reinforce the residents’ lack of confidence in any processes Mr Feiner and his Board may discuss. The only confidence they seem to get is the confidence game he and his Board are running against taxpayers! 

At this meeting, he had his Town Board vote to accept the negative declaration on the State Environmental Quality Review Assessment (SEQR) before it was required to be performed. The "neg dec SEQR" report means the project will not have a negative environmental impact on the project. Perhaps this would be the outcome anyway. But testing and reports are needed to make that determination. Mr Feiner and his Board have performed none and by not following the real process, are cheating everyone except the developer. Emboldened by the public's inability to stop them has created this nightmare scenario.

During the same Town Board meeting was a scheduled hearing for the 7-8 year old Comprehensive Plan that has yet to be adopted. The Town Board cancelled it. Why was the hearing cancelled? The Comprehensive Plan is the one official obstacle that might restrict Mr Feiner and his spot-zoning ways if adopted. However, changes to it seem to have watered down its effectiveness. It should provide a map for the Town's zoning which would slow and possibly stop Mr Feiner's wanton wholesaling of every piece of undeveloped land in Unincorporated Greenburgh. It's no wonder he decided to postpone the hearing. Every delay, change or review slows its adoption and keeps him in the driver's seat. He's spent the last two years throwing more considerations for them to review knowing it slows them down.

To add dramatic flair to the proceedings, Councilman Ken Jones had said at an earlier meeting that he had unanswered questions and wished to have a delay in the vote. This night, he said his concerns had been answered and he would support the project. No surprise there. ABG believes these theatrics were Mr Jones' turn to appear to be the “concerned Board member”. We believe that Mr Feiner instructs the Board members who can challenge and even vote "no" on any given issue. It was his turn. Ironically, Mr Jones' questions were less environmental and more traffic oriented. It was perceived and ultimately believed by many to be nothing more than a ploy for appearance sake.

Many residents have been concerned about increased traffic, accidents, emergency vehicle responses, flooding, lack of blending into the neighborhood and more. Others, including friends of the Sprainbrook Nursery owners have championed the sale. While we appreciate they're trying to help their friends, this is about adhering to the zoning code changes Mr Feiner and his Town Board adopted against many residents objections with valid concerns. He and his Board ignored that input and it was passed. Now, Foundation Shelbourne is asking for variances for some of those same concerns. They should not be allowed and the zoning code Mr Feiner and his Board passed should stand. Only then will we get A Better Greenburgh.

Censoring The Public

We’ve often seen Mr Feiner and his Board do whatever they could to shut down residents from speaking at Town Board meetings and other public events. To say open government in Greenburgh is alive and well is heresy, only mocked openly when Mr Feiner purports to espouse it. One meeting saw he and his Town Board adjourn the meeting at 10:15PM without giving residents an opportunity to speak as was promised earlier. And, many who speak at the opening three-minute session often state they’ll come back during the five-minute session. Although in this instance, with sheepish smiles on their faces, the Board hurriedly scampered away for fear of being challenged.

Such is the case with tomorrow night’s meeting to discuss the the Jefferson Project proposal to be constructed on property at Lawrence and Saw Mill River Roads. Only this time, the Board is making no pretense of curtailing the public’s right to speak. This time Mr Feiner is sending out an email (we wonder if there is also a snail mail version?) stating the rules of engagement for tomorrow night. In his email, he states that they are expecting a very large turnout. And, as a way to justify his control of the public, is using the guise of a Twitter Inspired speaking option. Frankly, it’s designed to be cute so he can get away with silencing the public.

If his concern is really that there were a lot of people seeking to speak, he could schedule another time to do this. However, he won’t do that because he really isn’t interested what people want to say. This episode is a fait accompli. If there are not a lot of people in attendance, will he simply allow everyone to speak for the three and five minutes as previously done? Doubtful. If there are a lot of people, and the majority are against the development, he will use that to twist the arm of the Jefferson management to provide beau coup give-backs in return for what will appear to be begrudgingly offered support. Can you say lawsuit?

There are two schools of thought for this development. The first is that the developer purchased this land, put together a proposal designed for the site and is entitled to build it. There must be an acknowledged back and forth between the developer, the Town and the Village’s residents. The second side is from the Village residents perspective. They naturally are afraid of increases in school children and increases in traffic and congestion. There are of course other issues on both sides.

We hope to see many residents come out on Wednesday night to speak on this issue. While no one promises that the process will be easy, we hope that everyone will treat each other with respect and courtesy. Since these will be people not normally attending a Town Board meeting, Mr Feiner, et al, will be on their best behavior. These guests will not be returning after tomorrow’s meeting. They will hear platitudes of open government, that the Board hears their concerns, they will do their due diligence, people need to have faith in the system and a litany of worn out expressions that have served them well in the past amongst virgin crowds. Only if they continue to come back and not allow this Board to censor them will they have a chance of getting their way. This Board has proved that all too many times. It’s why we continually hope the willfully ignorant will get involved and help us to get A Better Greenburgh.

Comprehensive Plan Steering Committee Releases Comprehensive Plan 3rd Draft

Press Release:

 

The 2015 Comprehensive Plan for the unincorporated area of the Town of Greenburgh (unincorporated Greenburgh) is a document that builds on both the Town’s historic past and its present strengths to direct the future.  The Plan is a blueprint that addresses foreseeable challenges, recognizes new opportunities, protects the environment, and fosters a vibrant economy with a good quality of life for its residents.  It is a community-based document which presents a long term plan for the future.  The document has evolved in response to comments we have received from the public.  The document is now in its 3rd draft and the Comprehensive Plan Steering Committee (CPSC) seeks your input.

SUMMARY OF THE EVOLUTION OF THE 3RD DRAFT OF THE PLAN

CPSC SOUGHT PUBLIC COMMENT ON FIRST DRAFT

Following the release of the 1st draft of the Comprehensive Plan on March 21, 2014, the CPSC held five outreach meetings (Tuesday, April 29th at 7:30pm; Saturday, May 10th at 10:00am; Thursday, May 22nd at 7:30pm and Monday, June 2nd at 7:30pm, and Monday, June 16th at 7:30pm) in the Greenburgh Town Hall auditorium for the purposes of soliciting public comment.  After each meeting the CPSC met to consider all comments for potential incorporation into the next revision of the Plan.

CPSC SOUGHT PUBLIC COMMENT ON SECOND DRAFT

Following the release of the 2nd draft of the Comprehensive Plan on March 24, 2015, the CPSC held a public hearing (Tuesday, April 28th at 1:00pm – 4:00pm & 7:00pm – 10:00pm) in the Greenburgh Town Hall auditorium for the purposes of soliciting public comment.  After this public hearing, which was adjourned until now, the CPSC met to consider the additional comments received for potential incorporation into the Plan.  The wide range of public comments received contributed to the current 3rd draft of the Comprehensive Plan. 

THIRD DRAFT OF COMPREHENSIVE PLAN AVAILABLE

The 3rd draft of the Plan is available on the Plan’s website (www.GreenburghComprehensivePlan.com) and also as a downloadable PDF on the homepage of the Town of Greenburgh (www.GreenburghNY.com).  Each map of the Plan is also downloadable as a separate high resolution PDF with zoom-in capabilities.  Hard copies are available at the Greenburgh Public Library and the Town Hall in the offices of the Town Clerk and in the Department of Community Development and Conservation. 

SUMMARY OF MAJOR CHANGES TO 2nd DRAFT LEADING TO 3rd DRAFT 

A majority of the changes reflected in the 3rd draft of the Plan were made in Chapter 12.0, Land-Use and Zoning, in response to public comments.  These changes include: 

  • the removal of the “Mt. Joy/Henry St. Traditional Hamlet District;” 

  • the removal of the potential for residential uses as part of mixed-uses in the planning areas and rescinding the related draft 2.0 CA-District multi-family use recommendations; 

  • the removal of charrettes from the Plan and as a planning policy; 

  • the removal of the potential for infill redevelopment on the library property; 

  • a consolidation of the future land-use maps into one map, depicting all the planning areas and study areas; 

Related references to the changes noted above also were made in other chapters of the Plan. 

WE WANT TO HEAR FROM YOU.  THE PUBLIC HEARING HAS BEEN SET FOR THE THIRD DRAFT.

On Thursday, October 1, 2015, 7:30pm, the CPSC will continue the March 24, 2015 adjourned public hearing, this time seeking comment on the 3rd draft of the Plan.  Written comments may be sent to PlanZone@GreenburghNY.com anytime up to two weeks after the public hearing is closed.  

WHAT HAPPENS AFTER THE PUBLIC HEARING?

Following the conclusion of the public hearing and comment period, the CPSC will make any necessary changes and forward its recommended Plan to the Town Board.  The Town Board will discuss the Plan during its public meetings, ensure compliance with the State Environmental Quality Review Act (SEQRA), and consider adoption of the Plan.

After reading the document, we hope you come to the Public Hearing on October 1, 2015, at 7:30pm, or write to us at planzone@greenburghny.com or at Town Hall (177 Hillside Avenue, Greenburgh, NY 10607), and comment on the revised document.  We again look forward to your comments.

Francis Sheehan

Councilman, Chair, Comprehensive Plan Steering Committee

COMPREHENSIVE PLAN STEERING COMMITTEE

Francis Sheehan, Town Councilman and CPSC Chair

Fran McLaughlin, Planning Board Chair and CPSC Vice Chair

Madelon O’Shea, Historic and Landmark Preservation Board Chair

Ella Preiser, Community Representative

Walter Simon, Planning Board Vice Chair

Theresa Mae Tori, Conservation Advisory Council Chair

Lou Klein, Commercial Real Estate Liaison

____________________________________________ 

Garrett Duquesne, AICP, Commissioner, Community Development and Conservation

Viola Taliaferrow, Residential Real Estate Liaison

 For further information on the Town of Greenburgh Comprehensive Plan, please contact: 

Garrett Duquesne, AICP, Commissioner, Community Development and Conservation 

914-989-1532 (direct) or planzone@greenburghny.com.

An Open Letter: Death of “The Process”

May 20, 2015

Supervisor Paul Feiner

Town Board
Town of Greenburgh
Town Hall
177 Hillside Avenue
Greenburgh, New York 10607

Dear Supervisor Feiner:

I am appealing to you in my capacity as the Vice-President of the Fulton Park Civic Association with respect to the application filed on behalf of GameOn 365 Sports, LLC seeking a zoning amendment that will negatively impact the entire Town in the future, initially allowing construction of a prohibitive commercial sports complex on Dobbs Ferry Road in the R-30 Zoning District.

As you will recall, at the Town Board meeting on April 8, 2015, an overwhelming majority of community members attended to steadfastly voice their opposition to GameOn 365’s application. In fact, the overwhelming sentiment was that the proposed zoning amendment should be rejected. Nonetheless, you and Town Board members, Ken Jones and Kevin Morgan, decided to blatantly disregard the will of the residents of the Town of Greenburgh by moving the GameOn 365 application forward by commencing the New York State Environmental Quality Review Act process and referring the matter to the Town of Greenburgh Planning Board for an “informal” review. This belies your collective statements of impartiality and removes all pretext of keeping an open mind! I am writing to advise you that the members of my association, as I’m sure the residents living in the vicinity of the golf ranch property, are greatly troubled by your actions and the actions of Councilman Morgan and Councilman Jones. 

I had written you a letter on April 8, 2015, pointing out a number of deficiencies in the long form Environmental Assessment Form prepared by GameOn 365. Regardless, you, in concert with Councilman Morgan and Councilman Jones, and over the objections of Councilmember’s Sheehan and Juettner, decided to declare the Town Board’s intent to act as Lead Agency under SEQRA and provide notice of this intent to interested and involved agencies, giving GameOn 365 the necessary ammunition to seek real financial investors. I believe this is purely endorsed semantics to move GameOn 365’s proposal forward! I reiterate that preceding any further with the SEQRA review is improper until the errors in the EAF are analyzed and corrected. To continue with the review would create a flawed environmental review process since the involved and interested agencies cannot accurately assess the impact of the zone change or the scope of the underlying project. Or, is that the actual plan? I ask that the Town Board immediately withdraw its intent to act or become Lead Agency, and, at the very least, require GameOn 365 to amend its EAF until the errors I previously pointed out are corrected.

The next troubling aspect of your actions is that you have continually acted as an advocate for GameOn 365. Although you contend that you are neutral and that you are merely following “the process”, there are many examples where you have chosen to proceed in a biased manner.  One example is that you have continually taken the position that the traffic impacts relating to Dobbs Ferry Road are not significant and that the project would not result in excessive traffic.  However, this is substantially different than the position that you took with respect to the Fortress Bible Church.  At that time, you were very concerned about the volume of traffic the Fortress Bible Church would add to Dobbs Ferry Road. The GameOn project would likely add more traffic, on a more regular basis, than the Fortress Bible Church proposal.

Your most recent statements that you were only concerned with site lines with respect to the Fortress Bible Church are directly contradicted by the record in that action and will invariably and rightly be part of any litigation concerning the proposed traffic impacts. Your statement that you spoke with the Chief of Police on occasions regarding the Fortress Bible project is also contradicted by your testimony in that case. These contradictions demonstrate that you are anything but neutral. Past performance has proven when you have a project you support, such as GameOn 365, you will do anything to move the application forward; but where you have a project you are against, such as Fortress Bible, you will do anything to oppose it including destruction of evidence and lying under oath. It is no wonder people have lost confidence in the process in our Town!

You have also continually questioned whether the traffic impacts studied by House of Sports should be considered when analyzing the GameOn 365 project. Despite your assertions to the contrary, the GameOn 365 facility will attract a similar amount of traffic as House of Sports. Furthermore, the number of spectators and participants will not in any way be limited by an alleged lack of seating or otherwise at the GameOn 365 facility. There is no doubt that when children come to GameOn 365, their parents, relatives and friends will attend practices, games and tournaments in large numbers.

The manner in which you have driven this process forward demonstrates bias and that you are acting as an advocate for GameOn 365.  As stated above, you have voted to declare the Town Board as Lead Agency, despite the deficiencies in the EAF and substantial evidence and testimony that property in the R-30 zone should not be zoned for commercial use. The only reason to have moved the environmental review process forward at this time is because you are in favor of the GameOn 365 application!

The formation of a “committee” for the purpose of hiring of a traffic consultant and planning consultant, is also highly suspect, is not typical in a SEQRA review and further establishes that you are treating the GameOn 365 application differently than other applications. The usual process for a zone change petition is for the applicant to submit studies in conjunction with a draft Environmental Impact Statement that the Town professionals can then analyze. It will be at that time that the Town could hire a planning consultant, traffic consultant and other professionals to review the applicant’s studies. The public would then be given the opportunity to hire its consultants to analyze the applicant’s studies and present information during the SEQRA review. It is entirely inappropriate for the Town to conduct studies on its own, prior to the applicant submitting its own studies and draft Environmental Impact Statement. This is true even if the applicant is paying for the studies, which further taints the process. What is even more disturbing is that if the Town’s consultants ultimately conclude that there are not any significant impacts from the project, it would be difficult, if not impossible, for the Town Board to reject or modify the application during either the SEQRA or site plan review process.

The supposedly “informal” referral of this application to the Planning Board is also not typical of a petition for a zoning amendment. As you are aware, Town Code § 285-64 requires the Planning Board to make a formal recommendation addressing specific areas of concern with respect to any petition for a zone change before the Town Board holds a public hearing. However, there is no provision for an “informal” Planning Board review in the Town Code. If you are seeking an advisory opinion from the Planning Board, I believe such advisory opinions are improper and illegal. Your attempt to somehow sidestep the formal recommendation process by asking the Planning Board to conduct an “informal” review is again contrary to the process and shows that you are taking a biased approach with respect to this particular applicant.

The bottom line is that communities throughout the Town of Greenburgh are against the GameOn 365’s petition for a zone change that will forever change the landscape of Greenburgh town wide. Yet you, Councilmen Jones and Morgan continue to support it at all costs. I insist you all to reconsider the current direction the Town Board has taken with respect to GameOn 365’s application and dismiss it.

Thomas Bock, 

Vice-President, Fulton Park Civic Association

I Can Do This Forever

Do what? Jerk the tax-paying residents around until they get exhausted? Mr Feiner may not say this, but he certainly practices it. He continues to hand-hold any developer interested in building in the Town as they submit their project(s) for approval. He does this by having his Town Board vote to be the Lead Agency on every project put forth that he favors. We imagine he gets fed up at times and says to himself, “When are they going to learn and stop interfering with my plans? I can’t be voted out of office because no other party will put up a candidate to run against me. Hell, even the Democrats couldn’t beat me! I just wear them all down. I can do this forever!”

Two years and five months ago, as well as five years ago, issues came to the forefront that Mr Feiner has still not acted upon. Nor has the Town Board. These issues, completely unrelated and very different, highlight the tenacity of Mr Feiner when he wants something and meets with resistance. He will fight whomever is against him simply because they are against him. Think rope-a-dope.
 
Two years ago, ABG attended an Edgemont Civic Association (ECC) meeting at Edgemont High School. An Edgemont resident in attendance got up and voiced his opinion about how many massage parlors were opening in the Town of Greenburgh and Edgemont in particular. He asked for that Association’s assistance in helping to close them. Some of the reasons included the clientele, possible sexual slavery, prostitution, unlicensed massage “therapists” as well as other issues were highlighted and made for a compelling argument against them. More immediately, he was concerned for his young daughters being exposed to this when they went to a nearby or adjacent business.
 
Robert Bernstein, an Edgemont resident, attorney and ECC President, along with Community Activist Ella Preiser and others, drafted a bill that would give the Greenburgh Police Department real teeth in going after these establishments. If they were legitimate, they would have nothing to fear. If not, the Police, Fire and Building Departments would have the ability to close them down. Publicly Mr Feiner said he was against the massage parlors. But is he? His actions, or lack of, belie what he says. Another Feiner tactic.

We imagine he told Town Clerk Beville to slap together some kind of meeting about sex trafficking, invite the usual suspects and he’d send it out on the GBList to make it seem like they really cared. We wonder if anyone has questioned his use of the GBList since Worthington Woodlands Civic Association President Dorrine Livson had sued the Town under an Article 78 for access to the GBList and won? We also imagine his response to be, “Just do as I say and let me worry about the GBList and Livson.” Emails sent.
 
So did he line up the players in a closeted session, possibly including Town Clerk Beville, Town Attorney Lewis, newbie Commissioner of Planning Garrett Duquesne and maybe a Town Board member or two? We imagine he gave them their marching orders: “Anything Bob Bernstein submits must get lost, discarded, proven useless or simple fought to stall for time. I need this to go away and if you all value your jobs, you’ll do as I say!” Hence, the apparent unending opposition by Attorney Tim Lewis, in particular, as he protects his meal ticket against Mr Bernstein’s proposed bill.

We believe the relentless verbal pounding Mr Lewis was receiving at every meeting by residents regarding his resistance to Mr Bernstein's bill probably forced Mr Feiner to develop an alternate plan or two (or three) in case Mr Lewis caved. The next step was to have the bill delivered to the Planning Board, who we’ve now learned are unqualified to write legislation. ABG wonders if Town Attorney Lewis instructed the Planning Board to "take their time" and stall this bill by formally asking the NYS Attorney General’s office to review it. That request was rejected by the NYS Attorney's office but succeeded to stall the bill for another 5-months, providing the Town Board the ability to say they are awaiting an answer from the state and cannot discuss the matter further. The Planning Board created their own law so now there are two versions to be decided upon. Mr Bernstein keeps asking to meet with the board members to discuss it but they keep ignoring him. ABG believes this was nothing more than another stall tactic by Mr Feiner. Remember, he can do this forever.

Then we come to the Zoning Change Proposal that will negatively impact the entire Town. The Town Board is split on the request made by Mr Feiner's friends from GameOn 365. This started five years ago when Mr Feiner sought to illegally hand the property over to Martin Hewitt, project manager for GameOn 365, for the proverbial “song”. When a threatened lawsuit halted that folly, Mr Feiner announced a referendum, which was carefully worded to ensure its passage. In the meantime, the Federal Courts rendered a guilty verdict against Mr Feiner and certain people on his Town Boards of violating the civil rights of the Fortress Bible Church, including Ardsley’s Diana Juettner, a current Town Councilwoman.

So with all of the back and forth about how to get the former Frank’s Nursery property to the GameOn 365 paper organization, Mr Feiner has launched his campaign, being their most committed cheerleader. The property is still suffering from numerous contaminants and requests by residents for the Town to remediate it were met with blank stares and Mr Lewis’ assurances that the remediation would cost no more than $100k. Hah! The study alone cost more than that and it was a truncated one at that. The auction specialist the Town hired to auction off the property ultimately said the Town must make the property whole before anyone would bid on it. Huh? That’s exactly what the residents had said!

A number of years ago the Town, under Mr Feiner, tried to take over the Visioli’s Golf Driving Range on Dobbs Ferry Road. Now he professes that he is trying to save it. Our guess is he suggested to Mr Hewitt that he try to purchase all of it or at least some of the Visioli property as they were in tax arrears and instead of a bubble, offer a fixed structure. Whether or not this conjecture is true remains a mystery, but the relentless actions by Mr Feiner to try to make GameOn 365’s proposal come to fruition are alarmingly suspect. However, the issue isn’t about GameOn 365’s proposal, per se. Rather, it is about changing the zoning to allow commercial entities to invade residential neighborhoods. Remember, he can do this forever.

It is truly a difficult thing to start and even sustain a business. We see area businesses shuttered in Greenburgh, the County and the State all too often. In fact, ABG staffers were at a meeting where the owners of Smashburger were seeking additional signs for an "under-performing" location. We thought they were in good shape. Apparently not. It’s the one in the shopping center with Shoprite on Central Avenue. You know the one, they want to add two more buildings utilizing existing parking spaces - the latest craze from town and urban planners. Could it be that Smashburger is under performing (read: losing money) because it is already so difficult to find a parking space anywhere near your intended location unless you were born into it? We don’t want to see this zoning change. We want to see businesses operate in the appropriately zoned area for it. Only then we will see A Better Greenburgh.