Legalizing Spot Zoning in “Grayburgh”

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

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

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

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

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

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

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

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

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

Dismissal Granted In Favor of Town Zoning Board of Appeals

It’s no secret that there exists a contentious relationship between the Town and the Edgemont community. So much so that some in Edgemont are seeking to incorporate and break away from the Town’s governance or mismanagement. There have been numerous issues over the last several years that have caused this alienation. Regardless of which issue(s) caused these residents to pursue incorporation, many say the straw that broke the camel's proverbial back was when Mr Feiner hired private investigators through the security company he hired through the judge he hired with unauthorized Town monies, to try to negate the petition signatures of those favoring incorporation. Some that we spoke to had been on the fence. But when they learned of this despot-like move, he lost their support.

Dromore Road is another Edgemont-centric debacle that has caused an uproar in their community. As we and others often say, “If it happens in one neighborhood, it's sure to happen in another, even yours.” Don’t believe us? One towering example is the Brightview Assisted Living Center in the Glenville section of the Town. Mr Feiner instructed his Board to be in favor of it at all costs and to vote it through. Not doing so would cause them to find themselves “Sonya’d”* and be on the outside looking in. Rightfully, Mr Jones, her replacement, tows the Feiner-line like a religious zealot. Anyway, after Brightview was plopped in the center of a small residential neighborhood of single family homes, we see the same scenario unfolding once again.

The Sprainbrook Nursery has operated on Underhill Road for years, owned and operated by the Krautter family. They are seeking to sell the property to an assisted living developer for roughly $3.5 million to use as their retirement nest egg. Many in the Edgemont community as well as the Greenville Fire District had initiated a court action to stop this oversized assisted living extravaganza at the now defunct nursery. They cited the Town's own newly adopted assisted living code which among other things mandates being with 200 feet of a state right of way and on a minimum of 4 acres of land. There's a little bit more to it but this is the gist of it. The Formation-Shelbourne proposal on the former Sprainbrook Nursery meets neither of these requirements. Also cited were safety issues of emergency vehicles responding on Underhill Road with more frequency. Fire departments will rarely discuss response conditions as a concern mostly because they will always get where they are going.

This past week the Judge ruled in favor of the Town's Zoning Board of Appeals and against the civic associations and fire district that had sued to stop the egregious variances that would be required to build this facility. Being shot down in court is difficult enough, but having it happen on what seems to be a minor technicality shows why people have lost faith in the courts system. The reason given by Judge Susan Cacace was that the petitioners (Edgemont Community Council, Council of Greenburgh Civic Associations and the Greenville Fire Districts) had not filed their action soon enough after the Zoning Board of Appeals rendered its decision. We quote, “Based on the foregoing, the respondents' motions to dismiss the instant petition to CPLR 3211(a) and 7804(f) are granted due to the petitioners' untimely commencement of this proceeding in violation of the applicable 30-day limitations period prescribed by Town Law 267-c(1), and therefore, this proceeding is hereby dismissed.”

No doubt an appeal can be made. However, there is no guarantee of this happening. Sadly, this is another oversized and inappropriate facility that will be built in what is now a densely residential community. The nursery was built years ago before little if any residential properties existed there. Back in that day a nursery fit the area just fine and was later grandfathered to stay. Nowadays, the buzz is about affordable (re: subsidized) housing, senior housing or assisted living. Usually, but not always, many of the new facilities get built and after a few short years are sold to another company, reaping financial benefits upon the developer - who then walks away. Or, they go into bankruptcy and leave their residents out in the cold with no savings or little hope of ever recouping their funds or even remaining years.

So now the charade at Town Hall begins. Mr Feiner will hail the decision and out of the other side of his mouth try to convince the public that he and his Board are going to listen to the public, do their due diligence, hold hearings, whatever it takes to help them decide if this project should move forward. It's a double-edge sword for him. He's forced to placate Edgemont and appear to be listening to them, but he's already promised Formation-Shelbourne their proposal to go through. Sure, he'll say he's received many phone calls supporting this facility, even from the residents in the area. But he will never say who or how many contacted him. He'll also say he received a ton of emails. Yet again, he will not divulge any names or real figures. 

The proposal for an assisted living facility may or may not be needed in the Town. Since this Town Board was so anxious to pass an assisted living zoning change in 2014 and then ignore it so readily and quickly after its passage proves the G10 was correct when they insisted at countless meetings that it was flawed and should not be passed. When Mr Feiner (who will vote no to placate Edgemont) and his Board pass this, they should only do so to a scaled down version of what is presented. And, when the developer says it has to be the size they are proposing to be cost-effective, we only hope the Town Board members voting yes will only do so to a reduced version of the proposal, working with the residents, fire district and civic associations instead of around them. Only then will we see A Better Greenburgh.

* Reference is of former Town Board member Sonya Brown, who was shunned by Mr Feiner and his Board and later dropped from his “ticket” after she exposed him for saying as candidates they should not bother to campaign in Fairview as those residents were unintelligent and they’d be wasting their time doing so there.

The Sidewalk To Nowhere Finally Makes Sense

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

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

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

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

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

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

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

Ethics Complaint Filed

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

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

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

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

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

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

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

Et Tu?

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Densification

The last several years have proven that The Paul is not interested in preserving the “green” in Greenburgh. He’s not alone. The County has a master plan that incorporates an increased densification of the southern portion of the county as well as the Unincorporated sections of Greenburgh, especially on Rt 119. Regrettably, The Paul and his cohorts, from his Stepford Board to the developers to other politicians, all believe in a master plan that includes blacktopping our green space.

Many projects throughout the Town exemplify this endorsed densification. Planning Commissioner Thomas Madden, knows where his “bread is buttered”. Not only does he go along with The Paul’s plans, he goes beyond them. He pursues every avenue to help create larger and more grandiose plans throughout the Town. Residents will find Madden routinely endorsing plans that will add to his job security and eliminate our suburban Greenburgh into a more urban one. Stop and Shop on Rt 119 and Brightview Assisted Living in Glenville are obvious ones that come to mind.

Changing the zoning in the Town at the whim of a developer’s request has allowed The Paul to give away our green space, congest our neighborhoods, lessen the attractiveness of purchasing a home in the Town, increase traffic, flooding and overwhelm an outdated and beleaguered infrastructure. The latest example of this is the zoning change requested by the Brightview Assisted Living Center in the Glenville Neighborhood. ABG has previously written about this particular issue. In short, Brightview is utilizing a lack of definition in our zoning code for Assisted Living in hopes of getting a “custom made” zoning change that will benefit them.

There are several issues at stake with this. First, the Comprehensive Planning Committee, which was tasked for developing a Town Comprehensive Plan, continually has new requests asked of it, forcing their Comprehensive Plan to be delayed for submission and adoption by the Town. Second, each time another task is requested, the Town Board proceeds with any changes it pleases to keep the developers happy. This thwarts any benefit we might get if our Comprehensive Plan was presented and approved. Third, it’s currently overdue with no visible submission date on the horizon.

Spot-zoning is illegal. Simply, spot-zoning is when the Town Board changes the zoning for a particular project, developer, neighborhood or parcel of land. This is routinely done throughout the Town by The Paul and his Stepford Board. Again, it is illegal. We’ve witnessed spot zoning for numerous projects such as for Stop & Shop in Glenville, Westhab in Fulton Park, Dromore Road and Central Avenue in Edgemont, soon-to-be for sports bubbles in Veteran Park and at 715 Dobbs Ferry Road and Assisted Living Centers in Glenville. If The Paul wants it, it will happen. ABG recognizes the need for some change and the right for property owners to do what they desire with their property. But there needs to be a balance of uniformity and conformity within Town guidelines when this is done to maintain a level of attractiveness and functionality within the Town. That’s what our planning and zoning regulations should do. Yet, with The Paul and the Stepford Board subverting them, the planning and zoning boards are impotent to stop them.

With the Town zoning in place, when an owner/landlord/developer wishes to use the property for a proposal the zoning does not allow, property owners and/or developers are required to go to the Zoning and Planning Boards and request a variance or change. Most often, this is exactly what happens for an owner or landlord. And, depending on the proposal, they may rightly be refused their request until concessions and accommodations are made to conform with the zoning. There are many reasons for refusal by numerous Boards. Sometimes, the refusal is based on size (too large), style (doesn’t blend), traffic (increases/hinderances/flow) and the like.

When it’s for an individual homeowner, or small landlord, they are tasked with redoing their plans and proposals at their own additional expense and re-applying to that particular Board. When it is a developer asking, and they are refused, they simply confer with The Paul behind closed doors. When they emerge with their marching orders, they’ll all dance the dance as required by The Paul and present their proposal to the Board with soft, attractive water color renditions with the lovely landscapes to his “go-along” Board. From there, the developer’s game is in play. The Board will vote to become the lead agency and begin the sham approval process – regardless of what’s wrong with the project.

As was done with the Hebrew Hospital Home of Westchester, at 61 Grasslands Road, The Paul told them they could receive site approval to add buildings to their site if they donated a fire truck to the Fairview Fire Department. Once Rescue 3 was ordered and delivered (since replaced), site approvals sailed through the Town Board like beer flows at an Octoberfest! When The Paul told the Fortress Bible Church to donate a fire truck to the Fairview Fire Department, they said, “No!” Not surprisingly, Fortress Bible Church began receiving no site approvals and the internal departmental run-arounds that residents are so used to. Ultimately, with no additional fire apparatus in the offing, no site approvals took place and nothing could be built. Fortress Bible Church refused to play “FeinerBall” and sued the Town on seven counts AND WON! The Town went to an Appeals Court and again Fortress Bible Church WON! One of the reasons The Paul claimed against the Church was the increased traffic and safety issues it would cause on Dobbs Ferry Road. If this was an issue then, why did he not see it as an issue for the proposed GameOn 365 property across the street which promised more traffic?

The Town’s Zoning and Planning Boards are appointed positions by The Paul. Perhaps this would be okay if The Paul and his Stepford Board were not part of the process. The Zoning and Planning Boards can only make recommendations to the Town Board as the lead agency. Subsequently, when the Zoning or Planning Boards make a recommendation to the Town Board, it is just that, a recommendation and no matter how competent, correct, caring or pellucid either of these Boards are with their information, the Town Board is not bound by it. Whether it involves receiving a piece of fire apparatus or not, the lead agency moves ahead with more developments throughout the Town. The increased densification of the Town needs to stop. Projects that increase our impervious space are not helping the Town’s residents who routinely get flooded in normal rain storms. The aging infrastructure, ignored by The Paul for his entire 20-plus years tenure have left the Town residents hurting. The illegal actions of The Paul and his Board have taken it’s toll. It has to change. We can only hope.

Town Ignores Toll Brothers’ Ardsley Chase Violations

Seemingly nestled in the bucolic Village of Ardsley, Toll Brothers, luxury homebuilders, have been selling pre-built lots and future luxury homes in their new development, Ardsley Chase.

These are actually in the Town of Greenburgh. What ABG has learned however, is that while the development may be luxury homes for future residents, the Town is completely abandoning our existing residents in the surrounding area. This is not a new circumstance that the Town administration might say they were unaware of or hadn’t heard about until now. Letters and emails have been sent and phone calls made. Efforts made to enlist the Town’s help rectify the wrongs perpetrated by the Toll Brothers and their various sub-contractors have fallen on deaf ears at Town Hall. No surprise in the Town of Developer Paradise.

ABG staffers took a quick tour of the site with several residents to see first hand some of the issues. While mud throughout the site limited our access on foot, there were no gates offering the site any security or limiting our access. This is one of the complaints from residents. Trucks seem to be accessing and exiting the construction site at all hours of the day and night without regard to noise ordinances, “normal operating/business hours” nor weekend courtesies of allowing residents a respite from the noise, rumbling and traffic created by their trucks.

We attended a resident meeting recently about the Brightview Assisted Living Facility, who have proposed a sweeping Town-wide zoning change to accommodate themselves and other developers, with theirs being a new, 4-story, 90 units facility smack dab in the middle of single family residential communities. When queried about construction noise, traffic and obstructions to their daily lives, they insisted in very soft-spoken and calming voices that they would adhere to the Town’s extremely strict blasting, noise, building and site specific regulations for parking, etc., during construction. It was like listening to Allison Steele on the radio. Residents were correctly skeptical. Especially when representatives from other neighborhoods confirmed the Town did not enforce any of the regulations, allowing developers the “run” of the neighborhood. At this point, the President of the Glenville Civic Association (the area near Benedict Ave & Rt 119) and others from the neighborhood complained about the construction violations that the Town did not enforce during the entire construction of the new Stop and Shop across from them on Rt 119. In fact, when they complained with calls to the police department, they were told little could be done.

Blasting at the Ardsley Chase site, while mostly completed at this point, has resulted in damage to numerous neighbors near and far, forcing them to place claims with their insurance companies and the Town. These construction blasting victims were all told by their insurance companies their claims were refused because the cracks, “nail pops”, pipe leaks and related damage were caused by their homes settling. To contest the decision would require hiring engineers, having studies performed which is just not cost effective when its all said and done. 

Toll Brothers has refused to repair the damage to the homes. The Paul and the Town’s various departments expectedly refuse them help, even going so far as to not return resident’s phone calls. Ironically, the Town mandates developers to maintain insurance bonds to pay for damage caused by construction. These should be viewed like the Town’s AAA Bond Rating. It’s valueless if you are not going to use it. ABG has learned that Fulton Park had the same problem when Westhab was blasting and when the NYS Truway Authority blasted as they added sound barriers along I-287; Glenville had the same problem when Stop and Shop site blasting was happening; Dunnings Drive residents had the same problem during construction of Watch Hill; the same thing at Nob Hill and Avalon Green’s surrounding residents. Nothing was ever done by the Town to remedy any of this. Now Glenville needs to prepare for Round 2!

At the entrance to the new development at Birch Ridge and Ardsley Roads, the developer moved the telephone pole back about maybe two to three feet. 

Phone pole on west side of Birch Hill Rd was previously where the gray rectangle on the
sidewalk is. You can just barely see the edge of the bus stop sign on the northern side of the
pole between the second and third metal straps holding the metal pole to the phone pole.

Where it is however, creates a line of site hindrance that will make exiting the complex onto Ardsley Road extremely dangerous. We experienced this when we tried to exit. Add inclement weather, snow and ice conditions and you have a recipe for disaster. The County bus stop, which had been located on the western side (at the point we’re standing to take this picture) of Birch Street, was moved to make the entrance appear more inviting.  This makes the accessibility of the bus stop a serious issue and quite possibly an ADA violation. The new western-side sidewalk has phone poles right in the center of the sidewalk, blocking anyone trying to walk on it and forcing them to step into the roadway to go around it. This is extremely dangerous and needs to be fixed.

More importantly, the Birch Ridge Road’s line of site coming eastbound on Ardsley Road (toward Central Ave.) is too steep and in violation of AASHTO standards, the American Association of State Highway and Transportation Officials. Ignoring important safety standards at this already precarious location mandates a foregone conclusion of multiple accidents, injuries and even death! Why haven’t our assorted planning and building departments in tandem with our elected officials addressed this? Why does The Paul’s Stepford Board continue to become the lead agency for every project, with the Planning Commissioner “going to bat” for every developer, and then ignore such routine violations when lives are unnecessary placed in harms way?

We passed two existing homes, one on each corner as we entered Birch Ridge Road that have had recent landscaping performed by the Toll Brothers developers. On the eastern side, the home had their driveway moved to access Birch Ridge Road. It used to open onto Ardsley Road. They allowed the developer to make this change and enhance the entrance to Ardsley Chase. Most importantly is that the county Bee Line bus stop and ADA compliant sidewalk that had been located there was removed and grass planted. It looks terrific with the new stonewall entrance to these $1.2M and higher homes. Tacked up onto the phone pole across on the west side of Birch Ridge Road is the indicator of the new bus stop. While the phone pole on this side had been moved back two to three feet, it is still in the wrong place!

A less critical issue, but serious to the existing homeowners is truck traffic continually driving over the edges of the entrances to their homes and drives, not only ruining the landscaping, but crushing the new water meters the Town recently installed! These new meters have provided some water pressure relief to these residents while creating other problems. While Toll Brothers has repeatedly repaired the damage caused by their trucks, ABG is sure once they finish with the delivery trucks and the building is complete, these residents only recourse will be to come to the Town to complain. Basically, residents will be required to fix it themselves since our Town has a habit of ignoring its current residents.

There are several water runoff catch basins and a pump system that is supposed to catch rainwater runoff and handle it to reduce potential flooding in the area. While it is a worthy attempt to right a wrong ignored everywhere else in the Town, there hasn’t been enough rain or storms to prove it works. One of the best ways to absorb water and control flooding is by maintaining and cultivating wooded areas as well as limiting impervious space.

According to Greenburgh’s arborist, Toll Brothers removed 18,000 trees, mostly poplar trees that were at least 100 feet tall! Poplar is sought after by lumber mills because of the consistency and quantity of straight lumber they will yield. It is also a very weather/water resistant wood. Toll Brothers only paid fines of $17k for the entire deforestation that took place. This amount would be easily absorbed by the lumber profits after selling these trees. They’ve replaced a small portion of the trees with evergreens, birch trees and other saplings that will not offer the wind and water protection these poplars had. What a shame the Town did nothing to inspect and ultimately protect the area – again!

Throughout the site are silt barriers erected to protect and prevent dirt erosion from rain and storms. We noticed that the many spoil piles of dirt randomly left uncovered is another unenforced violation the Town is ignoring. ABG is questioning the Toll Brothers intent, as these seemingly small violations are not really so small. They cumulatively highlight our poorly functioning Town departments and leadership, create an unsafe worksite environment and unnecessarily put workers and visitors lives at risk.

The pervasive consistency of inaction and malaise has evolved in the Town and its departments into a tangible laisser-faire working relationship with developers. They’ve turned a blind eye toward the developers while our Town continues insulting, costing us all and disrespecting the Town’s current residents – the “little guy”.  This must change. We can only hope.

It’s Been Said Before

The G8 has said it before. Other residents have gotten up at Town Board meetings and said it before. Town employees, with and without contracts have said it before. The lamestream media has quietly said it albeit in a muted voice. And of course, ABG has said it before. The King of Greenburgh, aka The Paul, lies and treats those not in his close circle of giving, with distain, deceit, and duplicity. Of course, very simply, he lies to those he doesn’t like or care about: his constituents.

We continually refer to The Paul and his Stepford’s spot zoning debacles in most neighborhoods. There are numerous examples and more awaiting the sweep of his crippling hand. He has routinely spot zoned throughout the Town as lead agency for so many projects, developers recognize it as their “norm”. He made sure that those trains don’t even slow down as it approached the Planning, Zoning, Building and Codes Department stations.

When Westhab purchased the former transitional housing property in Fulton Park from “Z” that had been used by the County to house the homeless, The Paul openly lied to the neighborhood in private meetings, along with his Stepfords, saying they (meaning Westhab) would need to find another location for the proposed seven story apartment building. Did they? No! He rezoned the .7 acre property from M-22 (22 units per acre) to match Hartsdale’s worst zoning nightmare of M-174 (174 units per acre).  He maintained the value of the location because of the “walking distance” of area supermarkets, even though those supermarkets are now gone.

Next, The Paul and his Stepford’s leveled crippling demands of the Fulton Park Garden Apartments, when they applied to the Town to rezone their property from it’s current zoning to match the newly spot-zoned Westhab neighbor next door. They informed the Board that they were requesting the change so they could remove the existing buildings, rebuild in the same footprint, with no ground level apartments or utilities as they currently flood with most rain storms. The utilities would be on the roof, away from flood conditions and the apartments would be up higher. They were looking to increase their buildings by six stories to match the Westhab height. The Paul mandated they develop flood mitigation plans, offer flood control solutions throughout the neighborhood and so on. It was clear that The Paul sought to discourage this project by overburdening them with untenable demands. When Deli Delicious sought to pave almost the entire property for a flawed drive-thru window, no similar demands were made of him. Another lawsuit seems imminent. 

The Paul has tried to systematically fine many of our already beleaguered businesses with more “fees” if they put products for sale on the sidewalk in front of their establishment. One such victim was The Apple Farm on Rt 119. The Board wrestled with wording and dollar amounts continually entertaining more fees and fines for the Town to utilize for financial collections. The temporary situation for the Apple Farm is that they store their produce (and sometimes other) deliveries on their private sidewalk until their staff can bring it inside. We hope the Stepfords see the light and do what they can to help maintain this store without additional taxes through fines - just for doing business. 

Stop and Shop recently closed in Tarrytown at the intersection of Routes 9 an 119, to reincarnate into a CVS. We need more CVS stores like we need Alan Hochberg chairing another useless committee. Having been there as a supermarket for years as First National, Finast and then Stop and Shop, the corporate decision was made to close this branch and relocate to a new space on Rt 119 near several hotels close to Benedict Avenue. This is all part of The Paul’s, Planning Commissioner Thomas Madden and Westchester County’s grand plan to transform the entire Rt 119 corridor into an industrial, mega apartment building and thoroughfare like many of the “Central Avenue”-like corridors in New Jersey.

The Glenville area protested with complaints of increased traffic, flood mitigation and congestion as well as other concerns. These all fell on deaf ears. The Paul had decided along with his Planning Commissioner Thomas “Let Me Help You Build It (for my job security)” Madden, that Stop and Shop’s new megastore would be built, regardless of the objections. But the zoning wasn’t correct for this store to be built. No matter, The Paul waved his hand over the plans, the soft watercolor presentation and it was a done-deal. Interestingly, according to Councilman Kevin “Henchman” Morgan, who recently said when the Dobbs Ferry Road residents (no real count or names provided) protested the police department’s proposed move to 715 Dobbs Ferry Road (the former Frank’s Nursery), The Paul and the Stepford’s acquiesced and withdrew the plans. Given the GameOn 365 debacle currently underway, it now makes more sense than it did then. 

The old Union Carbide property in North Elmsford has continued to quietly be (over)developed in recent years. The Eastview property houses a now expanded corporate park to the west of Old Saw Mill River Road, with several huge new buildings and the requisite parking capability, increasing and adding to the impervious surfaces there. They have gotten approval from The Paul and his Stepford’s to build 400+ condominiums on the property as well. Water that would previously be absorbed into the ground will increase and head south toward the Fairview Park area, which itself has been increasingly developed.

This section of the Town no longer has the previous water absorption capability and forces its runoff south. Sam’s Club, at the sight of the old Drive-In Theatre, knew about the flooding and built their property up five to ten feet to be above the flooding problem. It worked for a while, but the over-development north of them has caused so much water flow to come south, it became the new marker for where flooding begins as water encompasses the businesses and residences south of it, culminating at Babbitt Court lake. The Paul and his Stepford’s authorized all this development with the blessing of  Commissioner Madden. They just won’t say no to any developer.

On the opposite side of the Town, in the Fulton Park lake region along the Bronx River, The Paul searches out the tiniest parcels of land and offers them up to not the highest bidder, but the most connected bidder. And while residents wrestle with the Planning Department employees, rules and high fees for even the simplest fixes, changes and additions to their homes, the developers are hand-held and walked over to the express lane for their projects. Of course, the Westhab seven-story project mentioned above is but one glaring example of this. Right next door the “former” Deli Delicious, which illegally installed signs stating he was closed for business and for lease has not been fined for illegal signage or not paying the sign permits and fees. This move was not only blessed by The Paul, but probably suggested to him by The Paul. The owner continues to work from the basement office.

While no change in taxes is an impossibility in this Town, The Paul has mastered the double-digit tax increases for property, sewer, water, building fees and so on for our residents, all while managing to drive out struggling businesses, seniors and our young couples looking to spend their twilight years and/or start their lives together in something other than the Greenburgh mecca of public housing. His tax and spend policies, along with guilty lawsuit verdicts, have driven out two key and strategically located supermarkets forcing many residents to shop for their staple food items at various dollar stores and occasional farmers markets. This just in: SanMar Laboratories in north Greenburgh, which benefitted with a $750k grant from the Empire State Development, the real Bank of New York, to stay in NY, and then an additional $250k, will be relocating to Pennsylvania. Well played.

The list of issues being pummeled by The Paul continues with other locations and neighborhoods. One project that appeared successfully “discouraged” was that of the Fortress Bible Church. Until Fortress Bible Church went to court for help. The Paul thought he had succeeded in helping out his buddy, Tom “Proclamation” Abinanti, to keep the church out of his neighborhood. When Abinanti realized The Paul would lose the case, he moved to Tarrytown! Then the Federal Courts found The Paul and the Board guilty of discrimination, perjury, willfully destroying evidence and more. The Appellate Division Court upheld the verdict. It will soon cost the Town’s Unincorporated residents millions of dollars because The Paul feels he’s exempt from laws only others must follow. We may finally be able to take advantage of the AAA Bond Rating that The Paul feels obliged to brag about at the most inopportune times. We can borrow the money to pay his fines and try to not be assaulted with his high tax increases while claiming fiscal restraint due to the NYS 2% Tax Cap. That is a sham in itself. We need a change at the top, in the middle and throughout the Town. We can only hope.