Feiner’s Follies

During the 28 years of the Paul Feiner Administration, the residents of the Town of Greenburgh have been subjected to his mis-management and incompetency during that entire time and paying dearly for it. We’ve listed a wide collection of costly events from Mr Feiner.

Law Suits Verdicts Against The Town

• Fortress Bible Church discrimination lawsuit where Mr Feiner and his Board (at the time) $6.5 million award, which we are still paying.

• Cotswold Tree Damages. Found that the Town under-insured; Monetary award of millions; the Husband was killed and his wife was permanently disabled.

Pending Law Suits

• S&R Development Estates LLC has filed 7 lawsuits since 2007, against  the Town of Greenburgh for illegally blocking the development of a multi-family affordable & low income residential property for $26 million. This all came about due to an error on the Zoning map. The property should have been shown as being in a Residential district. Instead it was mistakenly shown as being in the Central Ave. commercial district where multi- family housing is permitted. When the mistake was discovered, Paul Feiner ordered the map to be corrected without following the legal procedure which required a Public Hearing. S&R purchased the property relying on the fact that it was zoned for multi/ family use.

• Argonaut Insurance Co., Wants to be released from covering the $26 million Dromore Road suit. They claim that they were not the insurance carrier when the basis for the initial suit (2007) took place and should be released from paying any fines since they were only retained in 2015. Actually, Argonaut maintain that Mr Feiner and Mr Sheehan acted intentionally, and as a result Argonaut should be released from coverage because public policy doesn’t allow for insurability of “intentionally caused harm.”  In other words, this isn’t an accident like a tree falling on a car: Argonaut is alleging that Messrs Feiner and Sheehan deliberately changed the maps to screw S&R and therefore they violated the insurance policy. This has happened before with the $6.5 million fine in the Fortress Bible Church. Because Mr Feiner was found guilty of lying under oath and destroying evidence in Federal Court, the insurance company only had to pay one million dollars of the entire amount. 

                  

• Ferncliff Cemetery is suing Mr Feiner and the Town for $76 million, contending that the twelve acres is actually property for cemetery burials. The Town has claimed that that property was not part of the original Ferncliff purchase and subsequently cannot be used for cemetery burials.

         

Land Use Decisions

• Shelbourne Assisted Living Facility. Disregarding the Town Zoning Ordinance re: Assisted Living and has a 3000% variance allowed - distance of more than 1 mile to State road instead of 200 ft.

• Deli Delicious Restaurant

  Appointed a tenant of the Deli Delicious owner to the Zoning Board of Appeals when the      

  property owner was seeking variances from that Board.

• Frank’s Nursery. Allowed uncollected taxes for 6 years before Town foreclosed on property. Tried to lease the property to GameOn Sports Complex – Illegal according to State and County law. He attempted to sell property without clear title. Also contracted to sell property to GameOn with a 13 year installment plan, and a way “out” if hazardous materials remediation costs exceeded a certain amount.

• WestHELP – Westchester Community College Property off of Knollwood Road. The Town was receiving $1.2 million per year for housing for homeless women and children.

Mr Feiner arranged a deal with the Valhalla School District to pay them $650,000 a year for school-age children to attend Valhalla schools. State Comptroller found the deal illegal. No children attended the Valhalla schools and a law suit was filed by private citizens to have that money returned to the Town and won. Another deal was made with the Mayfair Knollwood Civic Association to pay them $100,000 for their approval of this arrangement. The deal was found to be illegal.He also allowed the contract to lapse in 2011 causing the Town to lose over $8 million to date and forcing the property to fall into disrepair due to lack of maintenance.

• Tarryhill Housing on Old Tarrytown Road.The Town did not do its due diligence in allowing this affordable housing project to be sold to owners whose objective it is to turn the property into non-affordable housing per Wall Street Journal article.

Land Use Committees

Paul Feiner promoted the idea that land use committees would allow neighborhood residents to have input regarding proposed development in their communities. 

We have now been informed by the Commissioner of Community Development & Conservation that the rules have been changed and that land use committees will only be used when a Zoning Change is required for the project.

When a project (i.e. The Jefferson) was proposed in Mr. Feiner's “backyard”, he made sure that an outside independent consulting firm was hired to study all aspects of the proposal.

Without a land use committee, this procedure will not be followed.

There are currently 4 land use applications submitted to the Town that should be allowed to have land use committees formed to have input from the neighborhood residents that will be impacted by these developments. These are:

• ShopRite Super Market - MutliPlex theater/ Master's Shopping Center property on 9A. Mr Feiner favors allowing large tractor-trailers and other commercial vehicles to use the adjoining Old Country Road. This project will impact the safety of 215 families in the Westchester Hills Condominiums and some residents of the Beaver Hill area.

• Sam's Club – 9A across from MultiPlex/Master's Shopping Center. They are seeking to install 7 underground gas tanks with 14 gas pumps in a FEMA-designated flood zone near the Saw Mill River. It would would eliminate 100 parking spaces and increase congested traffic flow for the area. This proposal was previously rejected by the Town's Zoning Board of Appeals. 

• Metropolis Country Club – Dobbs Ferry Road.They are seeking to change the Zoning Code for an Independent Living/Assisted Living/Memory Care Facility to allow for a 60% increase in density.They also want to introduce “floating zones” which could set a precedent to allow commercial entities in all residential districts.

• Maplewood Swim & Tennis Club – West Hartsdale Ave.They seek to build an Assisted Living/Memory Care Facility.They also wants a variance of 50% for the length of the building from 300 ft. to 450 ft. Neighbors in several neighborhoods nearby have expressed concerns involving increased traffic and safety on already heavily travelled roads.

         

All of the residents from these areas should be given the same opportunity to voice their opinions and concerns about these forthcoming developments, just like the residents of East Irvington (solar farms), Worthington-Woodlands (Elmwood CC), Hartsdale (4 Corners) and Ardsley (The Jefferson).

Dial Democracy

This was the brain child of Paul Feiner that allowed residents to call in to Town Board meetings during Public Comments and Public Hearings to voice their opinions, concerns and ask questions when they are unable to attend these meetings in person.

For some unknown reason, this important social media tool has been discontinued for the past decade despite the urging by citizens to restore it.

In fact, Dial Democracy should also be allowed during Public Hearings at the Planning Board and Public Hearings involving variances at the Zoning Board of Appeals. It’s what will make for A Better Greenburgh.

Motorist Tests Drive-Thru

At about 7:15PM on Saturday night, a car being driven northbound by an unknown male came down Aqueduct Road from Central Avenue. Apparently, the driver had some sort of seizure or cardiac event and crossed Rt 119 and went up the grassy area in front of the former Deli Delicious. From there he continued across the lane that circle the building and struck the building (see photo above and below).

Thankfully, even though the driver of the Denali SUV lost consciousness and struck the building, he did not hit any other cars or pedestrians on Rt 119, Aqueduct Road or Old Kensico Road. Witnesses at the scene said a Greenburgh Police Department ambulance took the driver of the car to the hospital. There were no other passengers in the vehicle. The deli remains closed during construction.

Developer Receives Preferential Treatment

An email and corresponding “snail” mail went out to Town residents of behalf of a developer by Mr Feiner immediately after a recent Town Board meeting. No sooner did he publicly say he was against the developer's project to increase the amount of buildings in the Midway Shopping Center and reduce the corresponding parking spaces due to safety concerns at a Town Board meeting, when he must have realized he had bitten another hand that feeds him! But this was no ordinary email and snail mail letter. It was a poll. There have only been two that we can recall. The other one was in support of his friends from GameOn 365.

So, Mr Feiner needed to redeem himself with some quick back-pedaling. Even though he operates unimpeded by the majority of taxpayers, he “slipped up” when he said he goes to the Midway Shopping Center daily and has had close calls there himself. He may have had close calls driving in the shopping center’s lot, but not being an expert in traffic control, it was strictly his opinion. For that matter, he may simply be a terrible driver. There may be no recognized safety issues at that shopping center except for a raised acid level when you are trying to find a parking space.

The applicant was seeking to add two more structures (initially) to the shopping center. Numerous area organizations and individuals have protested, claiming the area is saturated with traffic congestion already. The Town’s unofficial practice toward a concept called “shared parking” and “under-utilized parking”, make the argument against the expansion a difficult one. Still, the confluence of cars in this successful shopping center makes entering, parking and exiting extremely frustrating. In fact, the developer decided to offer numerous safety improvements to the area and the shopping center if their proposal was approved by the Town Board. One resident objected about the Town being held hostage by the developer who would only commit to the improvements if they could build another structure (since reduced from two down to one).

At some point, their proposal got scaled back to the addition of only one new building instead of two, perhaps as a “suggestion” by Mr Feiner. They argued, perhaps rightly, that for them to invest in the upgrades they had planned, they would need this additional building’s approval and ultimately its income to be, wait for it, “cost effective”.

Armed with the knowledge that the “willfully ignorant” will go along with almost anything he proposes, nor give the proposal the scrutiny it deserves, he sent out both the snail mailing and e-mailing, seeking “Citizen Input”. We’ll tell you shortly what we expect he will say he found. But first, how many other project developers has he done a poll for? We can recall several projects including Westhab, Deli Delicious, Dromore Road, Brightview, Stop and Shop (on Rt 119) among others, where Mr Feiner sent out emails and snail mailings (at taxpayer expense) championing these projects. But the answer is zero. The difference with GameOn 365, was that he desperately sought to initiate an illegal lease for the them with the former Frank’s Nursery property on Dobbs Ferry Road. He’s been their biggest cheerleader. The referendum for GameOn 365, carefully worded to only force a positive outcome, did just that. The Town was promised $5M as an incentive for passage of this referendum. However, the devil is always in the details and the referendum, whether legal or not, could not help an illegal lease move this ill-conceived deal forward! 

In fact, even more potent than this seemingly casual request for a yay or nay vote for Midway, knowing full-well that the foregone conclusion would be in the affirmative, is the fact that Mr Feiner made the case for the developer by laying out all of their points. Why would Mr Feiner do this and not the developer? Why did GameOn 365 have a strategically worded referendum created on their behalf and now a taxpayer-funded mailing? If you think this expansion is a good one, drive a bit north to the Westchester Square shopping center and get ready to use your imagination. It’s the one on Central Avenue that houses Trader Joe's, CVS and Best Buy. They have proposed expanding Trader Joe's store, and adding a standalone building to the north east of Best Buy for a CVS drive through. There will also be a new walk-in medical facility built on the south side near Trader Joe’s. To allow for the additional traffic, new entrances and exits will be built out onto the side streets on both sides of the shopping center.

Mr Feiner is trying to cover both sides of his backside as he speaks out of both sides of his mouth. At a recent Town Board meeting, when he said he was against the expansion of the Midway Shopping Center unless safety improvements were performed, he placated the Edgemont group and others who have spoken vehemently against this expansion. Edgemont satisfied, he knew one of his first phone calls the following morning would be from the owners of the Midway Shopping Center. What to do? Deflect - and fast. So, Mr Feiner did what he always does when he is caught lying. Mr Feiner, who could also be known as “The Deflectomatic”, has a lot of hustling to do. Soon we will hear that he received a lot of responses about this project. He’ll say the majority were in favor of it. He’ll need to tread lightly. If he angers Edgemont, they will threaten again to incorporate. Make the developers mad, and donations of food and campaign monies may go away. What to do?

This is far from over. There are many issues taking place on the Central Avenue corridor as Mr Feiner tries to orchestrate a change to that area to his vision of what Central Avenue, and then Rt 119, should be. Is it what you want these two thoroughfares to be? If banks were only open from 9AM until 3PM, shared parking with a restaurant might work. Otherwise, ABG believes it’s a recipe for over-congestion and ultimately a disaster. It must be stopped. Only then will we see A Better Greenburgh.

Fulton Park Vindicated Over Westhab & Town Violation

In late 2008 and early 2009, the residents of Fulton Park received a letter from Mr Feiner stating that he had agreed to the demolition of the old Kings Inn Motel and construction of a seven-story Westhab facility. At that time, the motel was serving as a transitional halfway-house for ex-cons recently released from prison. The neighbors in Fulton Park had often complain of noise at all hours of the day and night, sex with prostitutes in cars on the side streets, drinking and drug use. Remnants of crack vials, used condoms and alcohol bottles could be found almost daily on residents front lawns or by the curb. Complaints to the police department resulted in a periodic patrol which consisted of a Greenburgh patrol car driving by. Other complaints went to the County Police as the County was in charge of the facility security - or lack thereof. 

Proposals were understandably met with resistance by the neighborhood because the industrial looking building did not fit in at all. Residents met and complained with Town Board members who were blatantly lied to by Mr Feiner and other Board members, who each said no decision had been made yet. This lie was later exposed when County documents were acquired under the Freedom of Information Law (FOIL). Those documents showed Mr Feiner's involvement with then County Legislator Lois Bronz, County funding as well as other funding that would help pay for the building. Curiously, before the plans were approved, the Town Board adopted a LEEDS certification for all new buildings within the Town. Westhab was not held to that standard, yet Mr Feiner still touts how "green" the building is. 

The residents were never against building something there, but only asked for a building that was not a huge, 7-story, out of character building that would not blend with the neighborhood. Their requests were ignored and Westhab went with their cookie-cutter gulag approach, justifying it as being patterned after area buildings. The only building it comes close to emulating is the old phone company building across the street with its design from circa 1960. An out-of-date design was used for a new building. 

One of the many conditions that was challenged by residents was their incorporation of the existing Town road that ran between the Kings Inn Motel and the Fulton Garden Apartments, named Fulton Avenue. In typical Town Board style, they ignored the two-way road that had been there from at least 1938 and used by everyone in the neighborhood. The Town ignored all maps and findings the Fulton Park Civic Association and other Associations furnished and accepted it as Westhab's. This allowed its use and could be part of the parking space count that was necessary for their project to move forward. When Mr Feiner wants a project to go forward, mere laws will not stand in his way, as was proven here again. 

Fast forward some seven years later with a lawsuit by the owners of the Fulton Garden Apartments against Westhab because Westhab paved over property that Fulton Garden Apartments has had as an easement for over 30 years. Basically, the property where the parking spaces are, which had been argued about repeatedly by the Fulton Park Civic Association, the Fulton Garden Apartments, the Greenburgh Council of Civic Associations and others, was not Mr Feiner's to give away. But when he favors any project, as long as its not in his neighborhood, all bets are off. Well, Fulton Park Civic Association, the Fulton Garden Apartments, the Greenburgh Council of Civic Associations and others are about to be vindicated even though the damage has been done. 

On the June 17th agenda for the Planning Board is an appeal from Westhab to change the one-way roadway back to a two-way road. Here's the agenda item:
Case No. PB 15-13 Westhab/Fulton Gardens, 22 Tarrytown Road, P.O. White Plains, N.Y. – Amended Site Plan
A work session to discuss an amended site plan application for a proposal to allow two-way vehicular traffic from a previously approved one-way driveway at an existing multi-family building known as Westhab. Presently, vehicles are restricted from entering the Westhab property from County Center Road. The proposed site modifications would provide direct access to an existing parking lot used by residents and visitors of the adjacent multi-family complex known as Fulton Gardens. Currently, the only access to this parking area is from Rt. 119 (Tarrytown Road). The Westhab property consists of approximately 30,492 sq. ft. (0.78 acres) and is situated on the west side of Old Kensico Avenue [sic]  approximately 210 feet from the intersection of Tarrytown Road and approximately 0 ft. from the intersection of County Center Road. The Westhab property is located in the M-174 High-Rise Multi-Family Residence District and is designated on the tax map of the Town of Greenburgh as Parcel ID: 7.500-310-2.


This is significant for several reasons. First it vindicates everyone, the Fulton Park Civic Association, the Fulton Garden Apartments, the Greenburgh Council of Civic Associations and others who did their due diligence and sought the truth. Mr Feiner and his Board, untouchable as they run for re-election unopposed, simply ignored what was right and did what he wanted. The Board knows they should go along or they will be "Sonya'd". Second, Mr Feiner gives carte blanche to developers at the expense of all the neighborhood residents throughout the Town and this practice needs to stop. But this is part of his warped scheme to fundamentally change the makeup of the Rt 119 corridor. He knew that the old phone company building would be taken over by Westchester County's Department of Social Services and its proximity would facilitate Westhab residents who need to report in to DSS regularly by being close by. Third, traffic has increased and backs up substantially from the traffic lights, as residents complained it would. Fourth, when Deli Delicious reopens as a fast food service restaurant, traffic will continue to be a nightmare for residents already living with an F-rating from the flawed traffic study. And finally, to avoid going to court and being found guilty of violating the easement that the Fulton Garden Apartments has for the property Mr Feiner "gave away" to Westhab, they have decided to acquiesce and turn the road back to a two-way lane. This is being done by Westhab to avoid going to court and being found guilty!

It's a shame that Mr Feiner's politics have trumped residents on the right side of the law. It's a shame that the residents of the Town remain willfully ignorant and stand by as Greenburgh crumbles. This laissez faire attitude with Town government must end. Only then will we get A Better Greenburgh.

Traffic Woes Continue in Fulton Park

Old Kensico Road looking south (left pic) and north (right pic)

So today, Friday, sees construction of the soon to be all-blacktop deli property underway. Traffic, as usual, is backed up from the north heading toward Rt 119. Residents are held captive in their own neighborhood, unable to find an opening in the traffic congestion. We drove down our hill and parked at the new CVS to check out a phone tip we received. There was nothing happening at the County Center, nothing happening in the east or west bound lanes of Rt 119. One thing we did notice is that the deli has removed the No Left Turn and other signage placed on Town property prohibiting left turns from the CVS parking lot onto Old Kensico Road and no parking signs. Is anybody in the Town watching any of this? It appears not!

Looking in either direction at about 10AM, traffic can be seen until it literal disappears out of sight. It actually started at about 9AM and has continued up to this posting at noon. This is not because of construction at the deli, or construction and heavy traffic on Rt 119, or an event at the County Center. This is what the residents are stuck with because of the over-development by our various Boards, but in particular the Town Board. It was so bad, a County utility type truck drove south in the north bound lane, went around the traffic circle on the left and up County Center Road, where the driver made a right turn onto Rt 119. Unfortunately, he drove too fast for us to get a license number to follow up with.

As the Comprehensive Planning Committee gets stalled having to look into other tasks thrust upon them by Mr Feiner , there is no cohesive plan to help control the bastardization by Mr Feiner and his Board of the Town. There’s a saying often bandied about with the Council of Greenburgh Civic Associations that states, if it happens in one neighborhood, you can be sure it will happen in others. To all of Fulton Park’s  neighbors we say beware, you might be next. Our Town Board needs to listen and help all of its residents. Then we will see A Better Greenburgh

More Traffic Woes Once Deli Opens - You Could Be Next

When CompUSA moved into the corner location at Rt 119 and Old Kensico Road, the Fulton Park neighborhood was relieved that the space would not be used as another homeless facility. It felt the same when Staples moved in as well. Directly across the street was the former Kings Inn Motel that Mr Feiner vowed to fight to make a senior residence should it close. Then he reneged on that promise (simply an ad hoc crowd pleasing-lie at the time to protect himself). Subsequently he contacted a host of people and helped broker a carte blanche deal for Westhab, as extremly lucrative albeit not for profit corporation. 

Now still only partially occupied after being opened for several years, ABG’s guess is it will soon be turned into a  DSS Section 8 housing facility commanding $1400 for a 400-600 square foot “efficiency” apartment. Since the government has no limits on its spending, Westhab will rake in the Benjamin’s once their full business plan is finally implemented! Previously, Mr Feiner condoned the facility’s use as a transition location for just released convicts and crime in the neighborhood soared. The neighborhood nor their concerns didn't matter to Mr Feiner. They shortly learned the rest of the Town Board didn’t care either - mostly because Mr Feiner instructed them not to.

The deli next door complained about damage to the building, thefts and break-ins. Could it be directly attributed to the residents living at the transition facility? The politically correct won’t say so but the neighbors will. Mysteriously, when the facility was finally closed by the County, crime in the area all but vanished. Maybe the neighbors were right?

We believe the pseudo-abandoned deli, they continued using it behind the plywood encased windows and doors, had been illegally boarded up and had illegal signage installed on it. The Fulton Park Civic Association asked Mr Feiner and the Town to address it. We’re told by residents the deli made campaign donations to Mr Feiner’s re-election campaign. The Civic Association did not. The illegal signage went untouched for two years – no fines, no mandates to remove any of it and no repercussions. The “struggling” deli owner is really a real estate owner of numerous properties along with his brothers, one of whom owns RJT Towing and more.

He maintained he was losing thousands of dollars in lost revenue because he lacked a drive-thru window. Really – that’s the reason? It couldn’t be the asbestos-caused empty Verizon building across the street who had provided the majority of his customers? Or, an issue of quality with the food? Or, the disposition of the employees and owner toward customers? Or, the day laborers hanging out in the parking lot each morning? Or, well, it doesn’t matter any more.

The deli petitioned the Town Board, Zoning Board and Planning Board to allow it to build a drive-thru window. Making an teary-eyed plea, the deli owner feined weeping as he explained his parents had started the deli, he used his mother’s recipes and worked there as a teenager and he wants to keep this going in their memory. Oh my gosh, what a performance. It seemed so real. Give me a minute to dry the keyboard from my own tears. His act worked and they disregarded the neighborhood’s complaints of increased traffic, setback violations, encroachment onto state property - all of it.

The former Staples closed and a CVS reopened in its place. As an aside, the CVS building is in White Plains and the parking lot is in Greenburgh. We guess with that entire staff on board, sandwich sales at the deli should soar to what, maybe four more a day? But keep in mind we don't believe this was ever about sales or a deli or a parents legacy. Rather, it was about flipping the building with a drive-thru window grandfathered into the sale. We’re guessing Dunkin Donuts. Once the deli reopens, for however long or short a period of time, traffic woes promise to be worse. We need a Town Board willing to help its residents. Then we will see A Better Greenburgh.

Too Much of One Thing

The political pundits are transmitting in high gear now that the elections are over. Republican wins have shifted the balance of power once again – although not here in Greenburgh. In fact, when nothing changes things usually seem to get worse for the electorate, just as we’ve seen in Greenburgh. Without a balanced Town Board, Ethics Board, Planning Board (insert the Board of your choice), we do not get the best of what the Town (cities, villages, hamlets, etc) could offer. There is no creative thinking, no new ideas, little variety, limited progress and never any challenge to do more or better for the taxpayers. Quite the contrary.

Mr Feiner decided to discriminate against the Fortress Bible Church when the Church purchased property near Dobbs Ferry Road. While his reasons to discriminate may have only been known to himself, his attack on the Church was not only morally wrong, but after a protracted court battle and opportunity to settle, finally cost the taxpayers $6.5 million. Had the first Town Board had a mix of parties and personalities when Mr Feiner’s crusade against the Church began, and the subsequent Town Boards had more of a variety of members with a backbone to stand up to Mr Feiner, perhaps this disaster could have been averted. It’s one tremendous black-eye for Greenburgh.

Mr Feiner, convicted for discrimination, decided to not renew the lease at WestHelp on the Westchester Community College campus, costing Greenburgh taxpayers $1.2 million per year. This project for affordable housing was the brainchild of then HUD Chairman Andrew Cuomo, who was appointed to the position without any “housing” or management background. After insulting the NY public with several derogatory comments during his now-forgotten first gubernatorial campaign, he was told to accept the job from President Clinton, keep his mouth shut and in a few years they would let him be governor. He needed to make a name for himself and did so offering subsidized housing in Westchester for those in the DSS system. It was supposed to transition into senior housing after ten years. The state made the project happen and construction was done. Cuomo now had something to show on his HUD resume. The County gifted it to the Town. And for years, the Town raked in $1.2 million per year with little or no effort on our part. Cuomo towed the line and was anointed governor. You have to love New York.

But Mr Feiner decided to try to win votes from the Valhalla community by not renewing the contract when it came due, allowing it to languish into disrepair, in hopes of necessitating the demolition of the facility and delivering what Valhalla had wanted. Mr Feiner hoped for said votes. But by doing this, he stopped the largest non-tax income-producing revenue stream to the Town, forcing taxpayers to make up the difference. Had any of our Town Board members been of another political party and not dependent on Mr Feiner for re-election and feared being “Sonya’d”, we may have seen this move curtailed or at least brought to the public’s attention and be stopped before the damage was done.

According to County Legislator Alfreda Williams, the County subsequently told Mr Feiner and the Town Board to rent the apartments or else the County will terminate the lease with the Town, take back the facility and do with it what was planned. The Town would continue to lose $1.2 million with no chance of ever getting that money back. Currently no action has taken place but Mr Feiner’s repeated attempts to gift the management to unqualified companies (see Cuomo above) who promised more than could be delivered and tried to re-negotiate the contractual terms. Eventually, he was dropped as Mr Feiner’s preferred management vendor.

Mr Feiner insisted on green-lighting the Brightview Assisted Living (and Stop and Shop, and Westhab, and Deli Delicious, and the Central Avenue car dealerships special treatment, and Ferncliff, and Taxter Ridge, and well, you get it) project on what is considered by many as an inappropriately-sized piece of land. And now, as the construction of the building glaringly hovers over the intersection of Rt 119 and Benedict Avenue, we think they were right. Not only did Mr Feiner endorse and promote this project, he knowingly allowed them to turn Greenburgh residents on Medicare away from this upscale and private organization!

The point is a simple one in that having elections is part of our heritage and is a good thing. As the saying goes, too much of something isn’t always a good thing. We’ve had twenty-two years of Mr Feiner’s mismanagement, illegal actions and not enough creativity, open government and new ideas. It’s time for a change. Only then will we get A Better Greenburgh.

Double Jeopardy in Greenburgh, Taxing Residents Twice

An interesting occurrence transpired Thursday night at the Zoning Board of Appeals meeting at Town Hall. The docket saw some nine cases scheduled for review by the Board. Pockets of people were in attendance, probably sitting in groups of support for or against each case. The Fulton Park Civic Association and others were there for their neighborhood’s cause, specifically, the expansion plans for Deli Delicious and the major changes sought to the property. But that’s not what this post is really about.

It’s believed by most that the deli has already received Mr Feiner’s blessing, and is trying to officially “make their case” to have the zoning codes changed so he can get a variance(s) to add a drive-through window and “flip” the building. Selling the building will become more attractive to a fast food chain by installing the window which would then be grandfathered to the next owner. The deli has been closed for over two years now. The owner, Ernest Tartaglione says being closed is a hardship on his business. There is no business. Tartaglione, a commercial real estate landlord for numerous properties, is just counting this as just another property in his stable.

The interesting occurrence we mentioned above is that Tartaglione, et al, had petitioned the Zoning Board of Appeals for a postponement of his deli’s zoning appeal case. Their reason is unknown but suspected to be related to the traffic report, only just released two days earlier on Monday. The Fulton Park Civic Association also petitioned for a postponement as two days was not enough time for them to review and analyze the information in the traffic report. But, the Fulton Park Civic Association, as with anyone filing a petition for postponement, including the petitioner, was forced to pay a $25 fee (tax) to the Town! When we were discussing this, an ABG staffer jumped in saying, “Wait! I know why. The Town employee will say it’s a lot of work to do, or it takes away from their regular duties, or there are costs associated with doing this. Or, all of those – am I right?” In a word, yes, she was right. The staffer was told the filing fee was because of the amount of work that was entailed to request the postponement. How preposterous!

Greenburgh taxpayers are repeatedly hammered by ill-conceived policies of the Town, created by our own representatives, that punish residents at almost every imaginable turn. Case in point? The request for a postponement and the related application fee of $25. This “fee” is a second tax applied under the guise of a fee. We are inundated with these fees in Greenburgh. When a resident/taxpayer goes to Town Hall to request anything for their primary property, there should not be a fee attached to it if it is a simple or small request, such as this postponement. Under the Feiner Administration of the past 22-years, we’ve seen fee after fee created to possibly pay off his guilty verdict fines. So, when the Fulton Park Civic Association applied for a postponement, it is ABG’s position that there should not have been a filing fee charged. This is simply a letter handed to a clerk who marks it received and passes it along to the appropriate individual(s) either manually or by email. This actually falls under the auspices of the clerk’s job. There should be no charge – that’s their job!

At a recent Town Board work session, there was a lengthy discussion about waiving the application fee for installation of a permanently installed generator, as opposed to a temporary or portable one. There are so many fees involved with the installation of just a generator, you might need a travel companion, a priest or rabbi and concierge if you go to Town Hall to do this. First, there is the application fee of $100 to review the application. Next, assuming your application review has been approved, you will pay a Building Department fee (installation), followed by the Electrical fee (power) and finally (?) the Plumbing (gas) fee. ABG is not saying to forego the safety inspections our inspectors are required to make during the installation process. We endorse that part of the process. Just don’t forget that they are very well-paid with benefits to do those inspections. That’s their job.

Realistically, there should not be any fee for projects that are small, single family homeowner-sized projects. It’s one of the reasons why we have a Building Department, financed by residents’ taxes. Unfortunately, we’ve allowed our elected officials to get ahead of us and tax us twice.

As was highlighted with the postponement fee, another travesty for the taxpayer/resident/community members/stakeholders must endure is the ridiculous fees for copies from Town Hall. If one goes into Town Hall and requests a copy of anything, they are charged 25¢ per page. That’s preposterous. The Town will supply a PDF of a document at no charge but we’re sure an Executive session can soon end this once they figure out the wording required. The taxes, paid by the taxpayers/residents/community members/stakeholders already cover this expense. The copier that is leased, the toner and paper used, the electricity, the service agreements, etc., are already paid for by the taxpayer! It’s their copier and supplies! Why are they taxed again? The administration’s argument is if everybody came in and requested copies it would be too expensive for the Town. This is a lame excuse.

First, “everybody” is not going to suddenly be coming in requesting copies. Second, most other communities are operating in a budget conscience fashion and provide the residents with copies upon request at no additional cost. The difference? Other, better managed communities, also haven’t been found guilty in Federal court of violating the rights of a church and paying $6.5 million in fines and penalties, forcing this administration to figuratively stand on the street corner begging for nickels and dimes! Would you like another example?

Several years ago, Mr Feiner and his Town tried to raise the “fee” for the Village of Elmsford residents to use the Town library, which is part of the larger Westchester Library System. It was a hefty increase that Mr Feiner assumed (we know) he would get because he is used to getting his way. Elmsford Mayor Robert Williams, apparently more concerned for his constituents than Mr Feiner, reached out to the Village of Ardsley for an alternative library arrangement that was less money for his Village and gave his residents a more cost-effective solution to Mr Feiner’s greedy proposal. Mr Williams completely and successfully bypassed Mr Feiner piggishness.

As a side note, it had often been discussed that the Village of Elmsford, which sold the library property to the Town for a dollar, be given access to the library directly as a gesture of good faith. A former librarian at the Greenburgh library was insistent this not be allowed. Her rationale was that it would, at the time, add 3,000 new Elmsford users to the library, overwhelming it. One would think more users would be a good thing for any library as it would give cause to an increased budget, increased purchasing power, more books, videos, programs and more employees. Besides, the 3,000 Elmsford residents were not going to show up all at once! It would also promote expansion. Oh, wait, they did expand with the award winning ski jump, a mostly inefficient use of space riddled with HVAC system issues, leaks, burst pipes and more. Ardsley’s library is looking like a pretty good deal.

Back to being forced to pay for what we already paid for through our taxes. The right thing (again, we know) would be to allow residents to come in and request one copy of a file or document they need. There should be no charge as long as they prove residency or occupancy of the address. If the taxpayer is requesting multiple copies of a document, that’s a bit different. The first copy would be free and a minimal fee of say 5¢/page or a blanket amount for the entire document of say, $2/additional copy can be charged. This would hold true for business residents as well. Now, if outside agencies come in requesting a copy, ABG believes it is fair to charge them for any copies they request. Obviously, if it’s only a page or two, the Town employees can use their discretion to waive the fee or collect it. Taking care of the Town’s residents is a concept that Mr Feiner has slowly let slip away – unless he can get publicity from it. Sure, he’ll respond to your phone call by fugaciously pawning your issue to one of his commissioners and be done with you. Then he’ll go back to his back room deals, overdevelopment, spot-zoning, variance request blessings and dismissing traffic studies to raise a few more bucks to pay for the fines he’s had levied against the Town’s taxpayers. It has to change. Only then will we see A Better Greenburgh.

A Rebuttal to: Ethics Anyone, or Foxes in the Henhouse?

ABG posted a story on November 3rd regarding a number of people we felt were in collusion with Mr Feiner seeking a pre-ordained outcome for a building expansion. Collusion seems to happen often in the Town and ABG finds ourselves writing about them quite often – more often than we would like. Regardless, ABG received a letter from Mr Nicholas DeCicco refuting much of what we had posted about his participation of what took place. He asked for an opportunity to set the record straight and after discussing the events with him, feel it is only fair to do so.

After discussing the entire issue with Mr DeCicco, we feel he has presented a compelling argument. While the past cannot be changed, we applaud Mr DeCicco’s efforts to help improve our Town and look forward to hearing from him in the future. Here are Mr DeCicco’s points in their entirety:

Thanks for your time and willingness to make some corrections and hopefully allow the facts to be presented in an accurate context.

Despite my best efforts to comply with every rule during my campaign in 2011, I missed something. Yes I was thrust into my first election with only 4 weeks left to go, BUT NO MATTER HOW ODD OR UNIQUE THE RULE WAS IT WAS STILL MY RESPONSIBILITY TO KNOW IT. I took accountability and reimbursed the host of the dinner party in question. Allowing the situation to be represented as anything more than an honest oversight which I took responsibility for and fixed is all together unfair and inaccurate. I believe it is fair to point out that:

1) I was RECUSED from the Deli Delicious Zoning Board application several weeks BEFORE the “fund raiser” and vote, and thus had no ability to vote on or discuss it. The Ethics Board specifically found that I properly and immediately recused myself and abided by said recusal.

2) I had no prior relationship at all with anybody associated with the Deli and recused myself IMMEDIATELY upon a potential conflict arising. Once Mr. Pateman called me to propose the event I called Mr. Belasco* the very next day to tell him I was recused from the Deli case (Mr. Belasco sent an email to the Ethics Board verifying this).

3) I did not “resign” from the ZBA. While I was not consulted about moving to the Planning Board, there was no gap in service from my 6 years on the ZBA through my appointment onto the PB.

4) No “settlement” was negotiated with the Ethics Board. At the very first meeting I explained the situation, offered to reimburse the host, and asked the complainant to withdraw – he refused. After the second meeting, I submitted sworn statements attesting to all of the above and checks showing repayment – The complainant again refused to withdraw.

5) The EB dismissed numerous frivolous accusations.

6) At the complainant’s insistence the board was forced to issue a decision dismissing all but one violation (for which they imposed NO PENALTY) based upon an obscure rule which stated a board member could not accept a political contribution from an associate of a person who had an application before the Town within the past 12 months. Once confronted with this odd rule, my contention was that it was not intended to “get” somebody who properly recused beforehand (as I had done) but to “get” somebody who actually votes for an application and then several months down the road accepts such contribution. But the “look back” was there, without qualifiers, so apparently applicable.

7) Even a member of the Ethics Board stated this rule was unique to Greenburgh, and that my action of immediate and prior recusal would have been more than sufficient in any other municipality.

8) I did not say I was unaware Mr. Pateman had a professional relationship with the Deli – such awareness was the reason for my immediate recusal once the dinner was presented to me. I did not realize that attending such would still be prohibited even though I was previously recused from the matter. I fully believed I was in compliance because of my prior recusal and such belief was more than reasonable as Greenburgh's rule prohibiting such is unique (see #7).

9) I reimbursed the host on my own accord after only two meetings with the EB. This was exceptionally fast as in comparison “Cookie-Gate” took 3 years, and most other complaints typically take several months or years.

10) The Ethic’s Board imposed NO PENALTY, only asking me to verify the reimbursement checks were cashed and state I would not accept a future contribution to make-up for the reimbursement.

For proper context I think it is important to note the complainant was a financial contributor to, political district leader for, close friend to, political advisor to, and main proponent of my then opponent. Perhaps all that played a role here when the simple gesture of a phone call prior to filing the complaint could have resolved any issues without dragging our Town through the mud and hurting so many people.

If the integrity of the system and holding officials accountable was truly the purpose of this complaint, then when it was clear the integrity of the vote was upheld because of my prior recusal and nonexistent relationship with the Deli, that through my history, actions, and sworn statements my only intent was to be in compliance, that the rule in question was obscure, and I was nonetheless holding myself accountable by reimbursing the host – why be importunate for a written decision which will last in perpetuity? Why go for blood?

Perhaps the ulterior goal was to make me look bad and deter me from running in the future? Perhaps that’s why out-of-context information was continually posted on the complainant’s public community Facebook page, which never acknowledged my prior recusal or all the dismissed allegations, and my replies to relevant postings were always deleted but the complainant’s comments remained? Bottom line, if the Ethics Board didn’t believe I was being open and honest they could have issued far more serious repercussions than “verify the reimbursement checks are cashed.”

ABG - There are plenty of bad things going on in this Town and I FULLY support your efforts to call them out. If I ever step out of line intentionally I would expect to be called out too. If I ever do so inadvertently, I would hope to be given a chance to take accountability and fix the issue, and not be wrapped up in the same package as those who continually do wrong on purpose and try to get away with.

My integrity and desire to help our Town be a better place is always paramount and the filter through which all decisions are made.

Thanks,
Nick

* Steve Belasco was the Chair for the Zoning Board of Appeals and has since passed away.

Fast and Furious

A previous post discussed the interweaved collusion between our Town Supervisor, his Town Board, his various committees which he has appointed as his hand-picked favorites in order to further his agenda. The business owner of Deli Delicious, sought numerous variances and approvals to make major alterations to a business which has now been voluntarily closed for two years by its owner, Ernest Tartaglione. Now, he is back seeking more variances to attempt again to add a drive-through window in his small deli. We believe his goal is to “flip” the building, allowing the purchaser to have the drive-through window be grandfathered into the sale.

Two years ago, when Mr Tartaglione was refused his zoning variance requests from the Zoning Review Appeals Board, he quickly placed plywood over the windows and front doors and spray painted the word “Closed” on them. He continued to use the basement office after posting the illegal signage on the building without permits. The building department left him alone. But when a neighborhood homeowner temporarily closed in his garage door with a wall, the Town inspectors were there immediately issuing violations and taking him to court. Back then, Tartaglione claimed he was losing $4k a month by not having his requested drive-through window. While he might have been losing money and was willing to spend an estimated $100k to add this window, closing the business to make that point is like cutting your nose to spite your face.

His claim of hardship just didn’t ring true. He said his business was down tremendously. Meanwhile, other eateries in the immediate area were thriving! His decision to board up the business could only be interpreted as spiteful! A case in point for a successful eaterie is the new Smashburger directly across the street from his deli without a drive-through window. We’re reminded of the old saying, “Give the people what they want and they’ll beat a path to your door.” Perhaps Mr Tartaglione didn’t offer the public what they wanted and they’ve beaten a new, more tasty path, to another non-drive-through eaterie.

Moving beyond the collusion at 22 Tarrytown Road, is the desperate manipulations by our Supervisor with 715 Dobbs Ferry Road, the former Frank’s Nursery property and his desire to gift the land to his latest, favored beneficiary, GameOn 365. This property has been vacant since the Town acquired it through foreclosure in 2011. With no taxes generated from foreclosure as the property becomes tax exempt, the Town’s residential and business taxpayers are forced to cover the school and town taxes. The property altogether and indefinitely ceased to generate tax revenue for the Town.

It was eventually revealed the site was contaminated with chemicals, spilled heating oil and urban renewal debris from White Plains. All suggestions to use the property as a new location for our Police Department and Courts, as well as a temporary location for our library during its construction, were abandoned by those parties once the hidden contamination factor was exposed. Almost immediately afterwards, the property was simply ignored. Still, Mr Feiner never failed to find an opportunity to tout the Town’s AAA Bond Rating. Rather than remediate the site, properly market it, and sell it, the Problem Solver entered an unadvertised, private, covert deal with a startup company called GameOn 365.

The deal Mr Feiner made with GameOn 365 was to offer them an illegal lease for the property. As we’ve previously posted, Westchester County and New York State law states that foreclosed upon property must be sold by the municipality acquiring the property unless they choose to use it for Town use, such as a park, new Town facility, etc. But Mr Feiner chose not to go down Honesty Street and turned onto Corruptible Drive, once again in violation of the law. Having taken an oath to uphold the laws of the state of New York, he should be removed from office.

Once Mr Feiner’s illegal lease plan was exposed he switched gears and announced he would offer the property for sale to GameOn 360 for $1.66M. The neighborhood lawsuit challenging his illegal lease deal with GameOn 365, was screwing up his plans. Before he was due in court, he offered to hold a public referendum in what would be the then-upcoming elections and finally dropped the illegal lease idea, negating the lawsuit. His new scheme was to offer the public a referendum to see what they would want done with the property. This might have been a good and legal idea had the referendum been crafted properly and not slanted toward a predetermined outcome. But the wording was so biased to generate approval, it was quickly viewed by everyone as a farce.

Ever the shrewd politician, Mr Feiner knows that voters only pay attention to the headlines and not the real story. He also knows there is a core group of Democrats who will blindly vote for him and any of his propositions, giving any of his convoluted ideas “legs”. So he directly or indirectly had yard signs posted and probably suggested to the involved party to plant signs throughout the Town and place advertisements in area newspapers, stressing the need to promote the bogus fact that the Town would get $5M by passing the referendum. But wait! The “new” 1800’s-style voting system had an unintended flaw: the referendum was on the back of the voting sheets and were ignored by voters! Every the quick thinker, Mr Feiner did an email blast, Facebook post, blog post, phone calls and news releases to remind voters to flip the ballot over and vote for the referendum. His quick scrambling worked and the vote passed.

We suspect this saga unfolded with Mr Feiner learning behind closed doors that GameOn 365’s “offer” to purchase the property also had no “legs” as their finances were nil. Based solely on an offering by several stockbrokers seeking investors, the GameOn 365 corporation could not afford to purchase the property because they had no money. Mr Feiner needed another plan to stall long enough to allow GameOn 365 to get some cash for at least a down payment. But there was now another wrinkle. Not only had the G10 attempted to stop the deals Mr Feiner was trying finagle into being with logic and legal footings, but House of Sports, an already established sports facility based in Ardsley, doubled the amount of money offered for the property and would address the necessary remediation!

Many people in Greenburgh have learned over the years that when Mr Feiner likes a project(s), he will go above and beyond normal channels to make it happen, regardless of legality, ethical concern, or neighborhood impact. The Worthington-Woodlands Civic Association persisted on meeting with Mr Feiner and his Town Board only to be completely rebuffed. Several emails and verbal requests were made of The Problem Solver to meet and discuss the situation with the 715 Dobbs Ferry Road property, but Mr Feiner had already committed his decision to sell to GameOn 365. Mr Feiner could keep the Worthington-Woodlands Civic Association as bay indefinitely, but the cash offer of $3.5 million plus all remediation fees was a major roadblock to his plans. Not to be outdone, he began a campaign to discredit the offer from the House of Sports as not being genuine. One of the principals of House of Sports, said he is always serious when it comes to money and the offer was sincere!

To give the appearance of being forthright, and while being challenged by Edgemont’s Bob Bernstein for the Supervisor position in the upcoming Democratic Primary election, Mr Feiner announced that he would follow Hal Samis’ suggestion and auction off the property to the highest bidder. He was obviously believing his own tripe that the House of Sports offer was not genuine, thinking only GameOn 365 would bid. Regardless, the right thing might finally happen with this property in Greenburgh no less. Ah, not so fast. Once Mr Feiner won the Democratic Primary nomination, he switched gears and now the auction became a sealed bid. If there were truly an auction, Mr Feiner would not be able to control the outcome for GameOn 365. In fact, there were numerous ways the auction might not work out for GameOn 365, the Town, and the neighborhood. As time ebbed, slowly approaching the “auction” date, Mr Feiner kept attempting to change the “bid” dates without advertising the property, hiring a Real Estate broker, or doing the remediation.

His plan wasn’t working, so it was time for Mr Feiner to enter deflection mode. He decided to mandate his Town Board to officially request the Town Planning Commissioner, Thomas Madden, to look into developing a new zoning category for Recreational Zoning. Mr Feiner’s new plan for Dobbs Ferry Road is for it to be developed from a R-30 Residential zone to a re-zoned recreational corridor. This would ensure GameOn 365 have virtually no opposition for the property and limit other bidders from seeking a different use for the site –with or with remediation. Well, almost. Was the House of Sports offer sincere or not? Could this be the solution to his dilemma to ensure GameOn 365 be awarded the winning bid or not?

As ABG was preparing this article, it was learned that Mr Feiner will announce a postponement of the Frank’s Nursery site “auction” originally slated for December 3, 2013! While no reason was given, we’re pretty sure it could only be due to one of the following reasons below. You may recall the few “ground rules” Mr Feiner laid out for the auction/bid/sale. The minimum bid would be $3.5 million, sold “as is”, would require 10% down and the balance at the closing. G10 member Hal Samis, retired from the real estate industry, detailed several real estate publications and methodologies that should be utilized to ensure optimum advertising, bidding and results for the property. While the Town Board hasn’t followed his advice yet, there is still time – especially with this newest delay. Can you say fast and furious, or will this just crash and burn?

The first reason we believe for postponing the bid/auction/sale is that GameOn 365 approached Mr Feiner and informed him they don’t have $3.5 million for the bid. The second reason might be that Mr Feiner realized by making the corridor limited to recreation, in hopes of ensuring only GameOn 365’s seat at the table, he incorrectly assumed they could afford the buy into this high-stakes game, only to learn they couldn’t and get no bids. The third reason is that Mr Feiner finally had his epiphany and realized House of Sports would be the only real bidder, thus proving their offer was always sincere, real, tangible, actual, factual and the best deal for the Town. The fourth reason might be by changing the zoning other developers whom Mr Feiner claimed have shown interest in the property have withdrawn their interest.

You may also recall once House of Sports made their original offer, Mr Feiner repeatedly tried to discredit them with the mantra that the House of Sports offer was not sincere. The Town Board even picked up that ball and began purporting that as well. When it failed, he tried to say House of Sports was only trying to eliminate competition. While ABG doesn’t believe this to be the case, even if it were, so what, who cares? One business outbidding another business happens all the time. This isn’t the proverbial soccer game with no winners or losers. This is real life and real business, of which Mr Feiner has no practical knowledge. The goal of the Town, which Mr Feiner even said after the G10 asserted it numerous times, is that the Town has a fiduciary responsibility to get the most money it can for the Town as well as what is suitable for the neighborhood. GameOn 365’s offer was half of what House of Sports offered. It appeared to be a no-brainer.

It remains to be seen if the truth will be told as to why the postponement is happening. Regardless, we hope it’s discussed openly at the next Work Session at Town Hall. Don’t hold your breath. In the meantime, we’re sure there’ll be some “strategerizing” going on in the next Executive Session. This property has always been a ªdone-deal gone wrong”. The Town Board has the opportunity to do finally the right thing even though it took too long to get there. Let’s hope they do and honestly work toward A Better Greenburgh.

Ethics Anyone, or Foxes in the Henhouse?

It seems residents and taxpayers are repeatedly treated to more and more questionable, and in fact illegal, actions through Mr Feiner’s seemingly untouchable administration. Since we know we cannot curtail these actions, we’re forced to seek remedy through other means. On the surface, one might think the Ethics Board would be an avenue worth pursuit for this satisfaction. Once traveling down that avenue, you will soon find the well-honed and notorious roadblocks craftily set in place to dissuade your pursuit of justice, remedy or anything close to it.

In September of 2013, Town resident Thomas Bock submitted a registered a complaint against Town Attorney Timothy Lewis for several ethics violations relating to the Democratic Primary election petitions. Simply, he lodged an Ethics Complaint against Town Attorney Timothy Lewis because of the actions Mr Lewis took for getting Democratic Primary ballot petition signatures for Town Supervisor Paul Feiner and Town Clerk Judith Beville and swearing to their legitimacy as Town Attorney. Without fear of being found guilty of an ethics violation by an Ethics Board appointed by Mr Feiner, the preordained outcome for Mr Lewis was no surprise to anyone, especially Mr Lewis.

If you read our post, “Ethical Challenge Dismissed By Ethical Challenge” of September 24, 2013, (http://www.blogger.com/blogger.g?blogID=6521092612847585726#editor/target=post;postID=4973448450613789264;onPublishedMenu=posts;onClosedMenu=posts;postNum=17;src=postname)  

you can see some of the disingenuous bloviating that takes place by members of the Ethics Review Board. In fact, several members of the Ethics Board brought up Chicago politics as though to compare Greenburgh to the worst political model in hopes of validating a foregone conclusion for “one of their own”. Interestingly, the Ethics Board is chaired by Jack McLaughlin. The Planning Board is chaired by his wife, Fran. He should recuse himself with any claim involving planning, zoning, departments, or employees. Ethical, unethical? Your call. 

As can be found on Mr Feiner’s blog during the waning days of his still practicing open government, there are numerous statements validating other violations, specifically Mr Feiner’s violations, such as what’s listed below from his 2007 blog (ABG has added the bold highlight):

“Feiner has been caught lying to the Town's Ethics Board about lawyer Mark Weingarten's involvement in a March 2004 fundraiser that netted Feiner tens of thousands of dollars in contributions from developers with applications pending before the town. 

In his October 6, 2004 letter to the Ethics Board, Feiner made no mention of Weingarten when he described the $1000 Feiner picked up that night from Michael D'Allessio, the developer who had an application pending before the town to cut trees in Edgemont. Feiner wrote as follows: "Mr. D'Alessio attended a fundraiser that William LoSapio of Gregory's Restaurant in White Plains hosted for my campaign account on March 29th."

Here’s another quote from that same post:

“See The Scarsdale Inquirer, "Residents Question Feiner on Campaign Contributions," September 17, 2004. Mr. Feiner also omits to mention in his letter that Mr. Weingarten was then representing Mr. D’Alessio and that, in addition to Mr. D’Alessio’s $1,000, his law firm contributed another $500."

On Wednesday, August 1, 2007, the Town made public the actual invitation to the event. The invitation, dated March 4, 2004, was on the letterhead of Weingarten's law firm and says as follows:

"On Monday, March 29, 2004 . . . Bill Losapio and I will be hosting a fundraiser for Greenburgh Town Supervisor Paul Feiner." Weingarten cited Feiner’s “strong support for economic development within the Town of Greenburgh” and said, “I know you have been helpful to Supervisor Feiner in the past. . . A minimum contribution of $250 is recommended. Paul has earned our support in the past. . . .” Contributions were to be mailed to Weingarten’s law firm, to Weingarten attention, care of his secretary.

The invitation was mailed to numerous developers with applications pending before the town.”    

William LoSapio’s reward for his fund raising efforts was to be appointed by Mr Feiner to the Town’s Zoning Board of Appeals. He raised money for Mr Feiner and thereafter gets appointed to the Town’s Zoning Board of Appeals. How much do the other seats usually cost?

In 2010, community leader Bob Bernstein brought a verified ethics complaint against two residents, Jordan Glass and Nicholas DeCicco, both attorneys, who were both serving as volunteer members of the Zoning Board of Appeals. For Glass, he represented Deli Delicious’ Ernest Tartaglione’s brother and at the time leased space in Valhalla from Tartaglione’s real estate corporation. Tartaglione was an applicant before the Zoning and Planning Boards. For DeCicco, it was about attending a fund-raising event held for him by Irvington developer Chuck Pateman, and sitting on the Zoning Board as he ran for the vacated County Legislative office against Hastings-on-Hudson’s Mary Jane Shimsky. Pateman, an area developer, hosted the DeCicco fund raiser at his home in Irvington, NY. while representing Zoning Board of Appeals applicant Ernest Tartaglione and owner of Deli Delicious in Fulton Park pursuing expansion. 

Mr Bernstein’s persistence with the verified complaints against these two residents (Glass and DeCicco) exposed the web of deception. The Board of Ethics had no choice but to negotiate a settlement which resulted in Glass and DeCicco’s “voluntary” resignations.

There was a third person involved in this deception appointed to the Town’s Ethics Review Board, Mark Constantine, also a local Attorney with an area practice and a resident of Tarrytown. Mr. Constantine filled the vacant “Republican seat” and has served ever since. Mr Constantine was the co-sponsor with Pateman of the above fund-raiser! 

Concerned citizen/activist Hal Samis lodged a Verified Complaint against Mr. Constantine on February 15, 2011 on similar grounds to those cited by Mr. Bernstein. Mr Samis’ complaint was in reference to Mr Constantine’s involvement as a sponsor with Mr Pateman of the fund raiser. Again, there were overlapping connections among these persons and all with direct or indirect involvement with an Applicant before the ZBA, Ernest Tartaglione owner of “Deli Delicious”!

Read more at: (Thursday, March 17, 2011); Paul, You Have Some Explaining To Do!
(http://abettergreenburgh.blogspot.com/2011/03/paul-you-have-some-explaining-to-do.html)

The Ethics Board properly referred Mr Samis’ complaint to the Town Board, citing a conflict of interest as Mr Constantine is a fellow Board member. While the Town Board has been repeatedly reminded of the need for a decision, they have refused to take any action. The charges against Mr Constantine are for three violations of the Town's Ethics Code: 570-7, 570-4(D) and 570-4(L)(2) relating to/with Prohibited Political Activities and Standards of Conduct. By definition, Mr. Constantine is an Agency Member and thus subject to the Code. Without any action by the Town Board, whether to clear or indict him, Mr. Constantine has been free to continue unrestricted to advocate and to vote on the Ethics Board since 2011. This is Mr Feiner playing fast and furious by his own rules. Who on any of these appointed Boards will challenge him?

So, to review, Mr Feiner appoints LoSapio, Constantine, DeCicco and Glass to maintain control of the various Town Boards. Tartaglione has a numerous zoning applications (appeals) before the Zoning Board of Appeals (LoSapio, DeCicco), the Planning Board (Chairwoman Fran McLaughlin – not that we’re accusing her of any impropriety) and the Building Department by Tartaglione to approve his building changes. When it is discovered that these players are implicated in Pateman’s fund raising efforts, it seems like the collusive players just dig in their heels preparing for the seige. To be forthcoming regarding Mr DeCicco, he did return the money collected and given to him from the Pateman fund raiser, claiming he had no knowledge of the relationships between Pateman and Tartaglione and stepped down from his Zoning Board position when everything came to light.

Another appointed and non-voting member of the Ethics Review Board, Mr Joseph Malara, whom we understand is a Somers, not Greenburgh, resident. He too, “serves” on the Ethics Review Board, providing the unpaid service of Council to the Board. Even so, he regularly tenders his (albeit Mr Feiner’s) point of view without being asked for a legal opinion, participating as though he were a “regular” Ethics Board member. His actions remind us of Town Attorney Tim Lewis’ constant input during Town Board meetings. He is there to render legal opinions if requested by the Board. Ironically, when they do ask, he typically suggests not giving an answer and to seek outside council. 

ABG has stated before that having Mr Feiner and his Town Board being reviewed by a Board appointed by Mr Feiner creates a host of new ethical challenges in a Town bereft of ethics. How can we have a Ethics Board rule on complaints against the same people who appointed them have the public expect a fair outcome? We can’t and probably never will. 

Mr DeCicco resigned from the Zoning Board but was appointed by Mr Feiner as an alternate to the Planning Board. Mr Pateman is no longer representing Ernest Tartaglione although Tartaglione is currently before, and trying the get approval from the Zoning Board of Appeals for the same project they turned down 2-years ago. The exception to this offering is he has increased the impervious surfaces, seeking to pave the entire property. Mr Malara continues to be the Council for the Ethics Board while living far beyond the Town line. Mr McLaughlin has not recused himself from Ethics Board decisions involving other Boards. Mr Constantine continues to be in property tax arrears with numerous properties he owns within the Town. He desperately needs the flawed “Tax Amnesty” program Mr Feiner seeks to initiate as another Feiner Folly to collect over $21 million owed the Town – and accrued during Mr Feiner’s tenure. The other Board members sit unscathed by all of these ethical issues – for now. The Town needs some major overhauls or we will never have A Better Greenburgh.

Issues Updated

At a recent Civic Association meeting, it was suggested that most residents are unaware of issues affecting the taxpayers in Greenburgh and the differences between the two candidates.

Here’s a list of topics affecting the Town based on the actions of our current Supervisor and his Town Board.  We had compiled this list but hadn’t posted it as it continued to grow and grow. Rather than wait to post this, we thought we would post it and add to it with more topics as they come to light.

Here is most of the issues we have so far:

The Edgemont Community Council has been dealing with the Dromore Road zoning and building issues where a developer intends to add a multi-family apartment building on a small piece of property.

Mr Feiner and the Board are racing through any and all building applications and projects, Spot-zoning (illegally) parcels to accelerate developer growth before the Town’s Comprehensive Plan can be proposed and adopted.

Fulton Park’s Civic Association is dealing with Westhab’s building construction and possible violations to no avail.

Fulton Park will next be addressing the Deli Delicious drive-through proposal again.

The Parkway Homes Civic Association found themselves surprised with Mr Feiner’s “slipping” another group home into an already saturated area at 88 North Road. Low and behold, Councilman Ken Jones is a member of their Board and said nothing to his neighborhood.

The Glenview Civic Association has had its issues with the very large Brightview Assisted Living facility that asked for a zoning change from the Town Board to increase the size of their building and any others built throughout the Town in the future. Brightview’s attorneys wrote and the Board approved and subsequently received the approval the wanted.

Glenville had just finished with all the Stop and Shop issuess and violations only for Mr Feiner to find a speck of undeveloped property in their neighborhood he would “gift” to this developer. See above.

The Broadview Civic Association has wrestled with multiple issues with the New Mt. Vernon Neighborhood Health Center (dba Greenburgh Health Center) on Knollwood Road. The medical clinic is not suitably screened from adjoining residential districts, lacks an ADA compliant pedestrian sidewalk, mandated by the Town, the Planning Board, the Zoning Board of Appeals. Excessive exterior lighting on the health center building impinges on residential area property.

The Building Inspector must obtain a current “as built survey” for the site and compare this “as built survey” to the plans as originally approved by the Town Board, the Planning Board and the Zoning Board of Appeals. Any variances between the as built structure and the site plan as originally approved, must be individually evaluated by each approving Board, and any additional necessary variances granted or denied by the original approving Greenburgh Boards.

The “mountable pedestrian traffic island” installed at the intersection of Knollwood and Tarrytown Roads is a serious public safety hazard to both pedestrians and motor vehicles.

The Village of Ardsley will be getting at least half a million dollars from the sale of the Town-owned, foreclosed upon former-Water Wheel property while other Villages and the Unincorporated Town watch helplessly in disbelief.

Of course, the Cumberland Farms deception on Central Avenue gave the Town Board a warped view on how the Town could charge all Central Avenue Service Stations a several thousand-dollar fee (read: tax).

Let’s not forget the Worthington-Woodlands Civic Association’s recent request to meet with the Town Board to discuss the GameOn 365 propos...oh, wait a minute, Mr Feiner and his Board just pushed that through without a public meeting after promising to propose a few dates for them all to sit down together to discuss it.  Now it seems after many have pointed out the Board members are individually liable if the Town sells to a low-bidder, they are finally talking to House of Sports.

The guilty verdict against the Town for the illegal sewer district billing by the Southern Greenville Civic Association area keeps those people occupied, as the Town still hasn’t followed the court-ordered restorations and refunds.

While we’re in that neighborhood, lets not ignore the Toll Brothers development that has constantly and continually violates many of the Town’s building regulations. Apparently, Mr Feiner and the Board are happy to look the other way.

Of course in Valhalla, Mr Feiner led the charge to break the lease stipulations with the County for the WestHelp facility, allowed it to deteriorate and try to add a new tenant that he did not have authority to do. Fortunately, NYS shot down this bad idea and insisted the affordable housing remain just that. And while we would love to see legal action taken against him for doing this, it would be counterproductive and only cost us more money in guilty verdict judgments.

In the Payne Street area of Mazzaro Park, Mr Feiner has promised security cameras by the end of the year to assist increased security. There doesn’t appear to be any money in the proposed capital budget for this. Another empty promise.

The north Elmsford-area Civic Association of the Town will now be trying to reign in Mr Feiner with the 100 acres (50 in Greenburgh and 50 in Mt Pleasant) of construction near and on the old Union Carbide property, increasing car and truck traffic to an already impossible traffic situation on Rt 9A and other area roads. Record setting flooding will continue to hammer anything south of the area during a “regular” rainfall.

 In fact, flooding throughout the Town has now become the norm with a Supervisor and Town Board uninterested in helping flooded residents but willing to sell off Town parcels to the developer du jour. Plans include multiple big-box stores, more office space, 400+ condominiums and smaller retail stores. No plans for increasing roadways or addressing flooding.

On Taxter Road we’ll see 400 more condominiums being built. White water rafting to Ardsley may be a new sport from Elmsford with each rainfall.

On the Bronx River side of the Town, Mr Feiner has done nothing to help those residents and businesses with any type of flood relief maintenance.

There remains the Fortress Bible Church decision* where Mr Feiner, Ms Juettner, and the Town Board were found guilty of seven counts against them, including discrimination, destruction of evidence and lying under oath. The cost of this decision has yet to be announced but has been estimated to be as high as $8M.

* U.S. District Court Judge Stephen Robinson ruled on Aug. 12 that the town impermissibly prevented the church from building a new place of worship and school on Pomander Drive. In a unanimous three-judge panel decision, Judge John Walker of the U.S. Court of Appeals for the Second Circuit wrote that the Town Board violated the church's rights under the Religious Land Use and Institutionalized Persons Act, the First Amendment and the Equal Protection Clause of the U.S. Constitution.