A Zone Free Greenburgh – Will Anything Change?

It’s no secret that Mr Feiner has ruled against the Edgemont incorporation petition. It was also no secret that he was against the incorporation from the get-go. For all intents and purposes, the petition was correctly filled out, filed and met the standards of the law. Now, many are asking what’s next?

Comments made at many of the meetings were what we expected to hear as elections are coming up soon, we should run another candidate, someone should run, we’ll vote him out and more. The problem is that no one will vote him out. The master of the campaign, Mr Feiner continues to get 7-9,000 votes when running unopposed. Should a viable candidate appear and even contemplate running against him, it will need to be an independent candidate, not a Democrat or Republican. In fact, the Greenburgh Republican party has written Greenburgh off as unwinnable and will not “waste” Republican resources in Greenburgh.

Several years ago Edgemont resident Bob Bernstein challenged Mr Feiner in the supervisor race. A progressive democrat, Mr Bernstein's candidacy forced a primary runoff, pitting he and Mr Feiner against each other for the democratic nomination. While Mr Bernstein met with community groups, went to events and reached out as much as he could, Mr Feiner used the then-personally controlled GBList (Town email list) to rally his troops. Subsequently, several things happened.

First and foremost, Mr Feiner won the primary. Second, he and his “team” attempted to disqualify Mr Bernstein’s petition signatures, this time not using private investigators and a retired judge. Third, he sat back and utilized his 24+ years of contacts, favors, connections and paybacks to defeat Mr Bernstein. While the numbers always amaze many people, only a small fraction of residents even bother to vote. So the argument about voting him out of office is more than likely, moot!

So?

We’ve written previously that what affects the Town in one community will eventually do the same thing in another. Examples? An easy one the Brightview Assisted Living Center at Benedict Avenue and Rt 119. The G10 fought most of what the proposal encompassed alongside the small group of residents that live in the Glenville section of unincorporated Greenburgh. Therein is the rub. The residents in Glenville went out of their way to try to work with the builder, believing the Town would have their back. They played by what they thought were the rules and were summarily dismissed - and ultimately screwed - getting an oversized behemoth structure smack dab in the middle of their small single-family homes neighborhood. Other neighborhoods got screwed as well.

How?

The attorneys for Brightview wrote the zoning bill that Mr Feiner and his Town Board adopted into law for assisted living facilities in the Town. It did nothing if not address and eliminate every issue Brightview faced with their proposed project. Subsequently, the bill was adopted and pushed through the various Boards with almost record setting speed. With no resistance left against the Brightview projects, residents and the G10 repeatedly argued that they were setting a terrible precedent for the Town with future assisted living facilities. That precedent has come full circle.

When?

In a 4 to 3 vote, the Greenburgh Zoning Board of Appeals voted to allow a 3,000% variance as well as to waive the 4-year old assisted living zoning code’s mandate of a minimum 4-acre requirement. It is not unusual to see developers ask for and receive variances. A setback variance example from a required 8-foot setback to a 6-foot setback would be considered reasonable in some instances and probably granted. Invariably, most people would not have an objection to that. If a developer were to ask to change a 50-foot setback to a 10-foot setback with a four to five story building in a residential neighborhood, many, if not all in the neighborhood, would probably object. This is exactly what happened in Glenville when Brightview agreed to slightly turn their building instead of reducing its size to try to make it more palatable to the residents it was about to overwhelm.

So, now that the developers know what they can get away in the zone free Town of Greenburgh, they are proceeding with every ridiculous proposal they can come up with, including the 3,000% variance Shelbourne knows Mr Feiner will vote against but instruct his Board to pass. Why have zoning laws or even a Comprehensive Plan if all the administration will do is kowtow to every developer that comes before the Town with a proposal?

In a sadly veiled attempt to justify their votes favoring the Shelbourne project, Feiner appointees Daniel Martin, Rohan Harrison, William Losapio and Louis Crichlow ensured a back-door for Mr Feiner and his Board to escape another lawsuit initiated by Shelbourne after we believe Mr Feiner instructed his Board to rescind the negative declaration for the project, claiming the project would not have a negative impact on the environment. They also ignored the Fire District’s request for a study of the impact the facility will have on the emergency services they provide. All examples provided by Shelbourne have thus far been inadequate or not on a par with the size of the district, staffing, size of facility, amount of patients/residents, etc.

This project has been favored by Mr Feiner from its inception. Consequently, Mr Feiner’s Board is also in favor of it. Residents be damned, but this project has legs and has begun to run, regardless of what the neighborhoods want, the fire district says or the laws that are being swept aside. Mr Feiner was able to slow the Edgemont incorporation attempt by finding the petition insufficient. Pro-incorporation proponents are taking a step back and regrouping. Mr Feiner is ensuring several things will happen by those pro-incorporation residents. First, a new petition being crafted. Second, a larger boundary being created for the proposed village. Third, another lawsuit (or more). Fourth, people on the fence or wondering about incorporation have now been convinced to change their position, favoring incorporation. Finally, people who may have been in Mr Feiner's camp are jumping ship. His plan is backfiring!

The behavior of Mr Feiner and his Board are disappointing to people in the know. People not in the know usually find out after the bad decisions have been implemented, groundbreaking has taken place and the done-deal signed, sealed and delivered to the developer. This has to stop. Only then will we get A Better Greenburgh.

Zoning Proposal Nightmare

This past Thursday night, the Zoning Board of Appeals (ZBA) met to discuss several applications before them. The first one on the agenda was from Foundation Shelbourne (Shelbourne) – again. They had already been before the Board hawking their proposed assisted living facility at 448 Underhill Avenue, which is the current home of the Sprainbrook Nursery, and were turned down. Their proposal in a residential neighborhood is simple. They will purchase the property from Al Krautter and his family for several million dollars. They will remove everything there and build their proposed 80-unit, four story facility in the middle of a residential neighborhood. According to the lawyers for Shelbourne, they only need a few variances to conform to code. If you don’t listen to the lawyers, the project violates the new Town Assisted Living facility code recently written (by Brightview Assisted Living) and adopted by the Town Board several years ago! According to them, however, they are making a residential proposal.

As mentioned previously, the Assisted Living Zoning code was written by the attorneys for the Brightview Assisted Living facility and custom tailored for their then-proposed Glenville takeover. They specified the height requirement, the acreage needed, the need for a State or County right-of way within 200ft and so on. There are other points, but these are the most salient and what was again being regurgitated to the ZBA this night. To their credit, even though the lawyers droned (more on drones in a moment) on, the ZBA members appeared to pay attention. The ZBA is actually the last line of defense for homeowners to not lose their neighborhoods. However, with the last few appointments made by Mr Feiner, that privilege is slowly being lost.

The fact that Mr Feiner wants this project to move forward for whatever reason and at any cost is more than troubling. This project is very much reminiscent of another inappropriate commercial project in a residential neighborhood that he endorsed and even held a phony referendum for: the GameOn 365. With that project, he claimed an 8-story sports bubble placed in a residential neighborhood was perfectly acceptable! While Mr Feiner enjoys a relatively unscathed lifestyle in his gated community, he has no qualms about devaluing your home or neighborhood to satisfy the financial needs and wants of his developer friends.

During the ZBA meeting many points were made by the attorney’s for Shelbourne, although many if not most were simply their opinion. In fact they showed a flyover video recorded by a drone of the property. They claimed to have unanimous Planning Board and Town Board support. This point is correct. Mr Feiner wants this project and these two Boards’ members know not to go against him or be “Sonya’d”. So they are for it. They claim there will be less impervious space and they are remediating the existing flooding on the northwest corner. Perhaps, but remediation usually entails regrading and altering the terrain, ultimately moving the water from one location to another. A key point, then, is who will get stuck with the water? They plan to extend the sewer lines into the existing ones in the area. New, larger sewer piping will be linked for these 80 units into the smaller existing sewer lines already in place. With a failing infrastructure throughout our Town being ignored by this administration, we don’t think this is a very good plan. Finally, attorneys claimed they worked closely with emergency responders at their other facilities to respond to alarms without lights and sirens. We know this cannot be correct.

The Shelbourne attorney’s tag-team presentation insisted multiple times that the residents for this facility will come from our Greenburgh neighborhoods. They will not be welcome if they are on Medicaid or have no assets to pay their way into this high-end facility. They also claimed to have ten facilities operating elsewhere and three of them are on less than the required 4-acres of property. Yet they have never said where these facilities are. Why does this matter?

Because as you agree to insert any commercial facility in a residential neighborhood, it sets a precedent that then allows any commercial facility to appeal for a variance and build where they want, whether appropriate or not. Likewise, when you have a Town Board who refuses to follow the zoning and dare we say Comprehensive Plan for the Unincorporated Town, you’ll get fractured neighborhoods, lack of continuity with looks, traffic and feel all being compromised. Is that what our homeowners signed on for when they purchased their home? We doubt it.

At issue are the same two points Shelbourne refuses to accept and know they don’t have to, mostly because they have Mr Feiner on their side fighting their fight. But the Town’s Zoning Board of Appeals, as we mentioned before, is the Town’s and its residents’ last line of defense. This proposed facility needs variances because the property is too small at 3.79-acres instead of the required 4-acres and is over a mile away from the State or County right-of-way that is required to be 200ft or less. The Town allowed Brightview’s attorney’s to write the current Town Zoning ordinance. That ordinance was tailor written for their facility at Rt. 119 and Benedict Avenue. It overwhelmed the rest of the neighborhood, is exclusionary to Greenburgh residents on Medicaid or without any money to purchase a space and doesn’t blend in with the surrounding area. 

If you’re not sure that the size really makes a difference, go there and see how their facility looms over the edge of the property and overpowers the area. Shelbourne’s requests for variances will probably be approved by the newer half of the Zoning Board. However, this request is cut and dry. The variances should be refused because the variances are bigger than a simple variance such as moving a set back distance from 50ft to 40ft. Shelbourne is looking to cavalierly overturn Town Zoning code for their financial benefit. This must not be allowed to happen. If Shelbourne truly wants to build an assisted living facility in Greenburgh, they should seek a different location. Only then will we get A Better Greenburgh.

Town Board Makes Mockery of Process

We’ve previously written that Mr Feiner, and naturally his Town Board, favor the Foundation Shelbourne Assisted Living facility proposed at the site of the current Sprainbrook Nursery. Sadly, once Mr Feiner wants something, he’ll do whatever it takes to be successful. He previously tried to stop the Fortress Bible Church of Mt Vernon from building in State Assemblyman Tom Abinanti’s former backyard. He, and ultimately we the taxpayer, was subsequently sued in Federal Court and found guilty of discrimination, lying under oath, destroying evidence and four other counts. Town Councilwoman Diana Juettner was also found guilty in that action. No stranger to violating the law or bastardizing "the process" for his own gain, Mr Feiner and his Town Board has done it again.

At the last Town Board meeting, Mr Feiner prematurely held a public hearing for the SEQRA process, calling the hearing “optional”. The G10, as well as others, were out in force and all of them questioned why this SEQRA hearing was being done? SEQRA stands for State Environmental Quality Review Assessment analysis. The analysis is usually done once a project proposal has been approved. This one was not - except by Mr Feiner, which in bizarro-Greenburgh, is enough.

At issue for the proposed 4-story, 80 unit assisted living facility, is that it does not meeting the zoning requirements for the location and would require numerous variances to be allowed. You may recall several years ago when Brightview Assisted Living proposed their facility overlooking Rt 119 at Benedict Avenue (across from Stop and Shop), they wrote the zoning code for the Town. ABG and others protested it but were overruled when the Town Board adopted it almost verbatim. The code they submitted included every nuance that they had put in the plans for their facility. ABG cannot help wonder why the Town has a legal department that cannot write our own codes, regulations and laws?

This proposal requires a proper use variance. It does not have one. The Zoning Board of Appeals issued a determination on April 21st regarding an appeal by the Edgemont Community Council of then-Building Inspector John Locido’s ruling that the project did not need any variances to build its facility on the nursery’s location. One factor in play here is that the facility must, by the Brightview-written Town code, be 200 feet from a state or county right of way. That condition was easily met by Brightview with Rt 119. Shelbourne’s nearest state/county roadway is Central Park Avenue, which according to the Town Building Department is 6,025 linear feet away. The attorneys for Shelbourne have stated it is less than that if you go in a straight line. Another major issue requires another variance as the property itself is 3.79 acres and the code, again written by Brightview to accommodate Brightview’s own project, requires 4 acres! And, while maximum height shall not exceed 3-stories or 40 feet, this proposal tops out at 56.7 feet. There are several more variances and issues that the project would need to proceed. The Town Board’s myopia at the time Brightview was attempting to take over the Glenview neighborhood didn’t allow them to see any of this as an issue because Mr Feiner wanted Brightview’s project to go through. They all ballyhooed the G10 when these points were challenged. In fact, they went out of their way, as did others in the Town, to stand firm and say numerous times that there were no other parcels that could accommodate an assisted living facility anywhere in Unincorporated Greenburgh!

The Town Board’s myopia at the time Brightview was attempting to take over the Glenview neighborhood didn’t allow them to see any of this as an issue because Mr Feiner wanted this project to go through. They all ballyhooed the G10 when these points were challenged. In fact, they went out of their way, as did others in the Town, to stand firm and say numerous times that there were no other parcels that could accommodate an assisted living facility to be built anywhere in Unincorporated Greenburgh!

At last week’s Town Board meeting, many residents spoke favorably about the the Krautter family and their contributions to the neighborhood over the years. This is exactly why this “hearing” was being done and what Mr Feiner had hoped would happen. It would validate his position to move forward with this project. Others noted that this isn’t about the Krautter family and is about an inappropriate proposal for that particular location. Tor Krautter, the son, spoke passionately about the nursery being at that location long before the homes were built there and that this was his parents one shot to sell the property. We agree that the nursery was there first and will willingly concede them that property as long as it remains a nursery.

Whether good or bad, the zoning and the Town have changed and while everyone seems to support a nursery at that location, the Town should not allow an inappropriate assisted living facility there. While he and others see Shelbourne as their best option, there other developers who may be willing to purchase the property and build within appropriately zoned requirements. If Shelbourne is truly committed to this project in Greenburgh, they can find another location which conforms to the Town’s code. It’s time to stop giving developers carte blanche in our Town. Only then will we get A Better Greenburgh.

Fast Tracking Senior Living Facilities, the Latest Green-Light Buzzword

As a developer, if you want to build in Greenburgh, what could be better than to have unfettered access to parcels of land that are otherwise inappropriate for certain zoned usage? Several years ago the active buzzwords needed for approval morphed from homeless shelters to workforce housing and now to assisted living. This new solution is simply to propose an Assisted Living facility and offer all kinds of tax revenue that Mr Feiner will be able to trumpet on the developer’s behalf. The first meeting will be behind closed doors in the corner office. The next step will be an informal proposal at a Town Board Work Session, followed up with a proposal at a regular Town Board meeting. By then, all of the various departments will have gotten in line and the “sails” will have been raised by Mr Feiner enough for the deal to be ready for Town Board consummation. Such emerges the case with the Shelbourne Formation, Inc., also know as Shelbourne Assisted Living Facility.

Is justification really necessary for the consummation of this project or will a preemptive act with the Town Board’s heavy handed stamp-of-approval suffice?  As this is one of Mr Feiner’s pet projects, approval is not really necessary – it has been mandated and will go through with minimal resistance. We’ve seen when he wants a project to happen, it’ll be the proverbial “done deal”. He will send an email blast from his much-coveted GBList, professing the advantages of approving this project, regardless of the merits or accuracy of the conjectured information. A court has ordered him to share the list with a local civic association but he has still refused to surrender it! Why is this important? Because as he spreads misinformation to residents, the civic association is seeking to inform its members of the rest of the story – something that hasn’t happened in years.

The Town Board will hold a public hearing on Wednesday, May 11, 2016. It is regarding the environmental review process (SEQRA) associated with special permit applications submitted by Shelbourne Senior Living. ABG believes this to be a phony justification hearing strictly for the purposes of slanting the application forward on Shelbourne’s behalf. The assisted living facility is proposed to be built at 448 Underhill Road, the current home of the Sprainbrook Nursery. The Sprainbrook Nursery, which was opened on Underhill Avenue in Edgemont by Al Krautter's parents in 1944, has been struggling for the past few years, reducing its staff from about two dozen employees to just Krautter, his wife Heidi, and a handful of others.

The Shelbourne Senior facility is proposed as a four story, 80-unit, 70,000 sq.-ft. assisted living facility building, with off-street parking, landscaping and related amenities. Numerous approvals are required for this project to move forward. Special permits are needed from the Town Board, which will encounter little, if any resistance and be granted post haste. Area variances from the Town’s Zoning Board of Appeals seem to be in flux now that the Zoning Board of Appeals ruled against the former Town Building Inspector John Locido, who retired last month, overturning his determination that no variances were required to construct the 80-bed facility. New Town code, written and submitted by the Brightview Assisted Living Facility’s attorneys, created a customized path to allow assisted living facilities in residential neighborhoods only if they are within 200 feet of a state or county right-of-way, excluding parkways and interstates. The nearest state or county right of way is nearly a mile away. The code also requires the property to be 4-acres, which this is not. And, while the Planning Board must also approve the site plan and steep slope and watercourse permits, we see little, if any, resistance there. Interestingly, when a homeowner seeks to make small additions to their homes, a years worth of permits and approval processes along with other hurdles often make moving a more viable alternative to remodeling.

Some like assisted living facilities because it offers the chance to encourage elderly family members an option to remain local while seeking to remain independent. Some see that as a win for the school districts as it promises revenue without the school district having to invest in more children. Discussing the tax revenue for the Town and various agencies involved with the operation of the facility within its neighborhood offers conflicting thoughts.

In fact we’ve been promised over a 10 year period that the Shelbourne facility will generate approximately $5 million in total property taxes – which would include $3 million to the Edgemont School District, $500,000 to the Greenville Fire District and $900,000 to the town. Of course, let’s not forget that Mr Feiner promised the Town $5million if we approved the GameOn 365 sports bubble arena in a residential neighborhood – which was proven a figment of his imagination. 

While $3million would be a windfall for the school district, the $500,000 to the Greenville Fire District may turn out to be an inadequate amount of money for the amount of alarms generated by the facility. How so? There will certainly be fire alarms from that location. But there will also be ambulance calls, known as aided cases for that location. Greenburgh Police will provide the bulk of the medical services per se, but the fire department will also respond and assist, as will volunteer ambulance corps (who will receive no money). As seen with the Hebrew Home and the Fairview FD, their responses are almost daily and in fact sometimes more. As with all fire departments, volunteer and career, if there is an alarm, they will respond, regardless of the money generated through taxes.

Other impacts related beyond the projected requests for emergency services, is the location and delivery times coupled with traffic issues during their normal course of a business day. Subsequently, the impacts of the proposal to surrounding properties should be a significant concern.

While the desire to build assisted living facilities appears noble at first blush, the apparent tact here for the developers is nothing more than finding a legal way to construct four-story apartment buildings in inappropriate locations throughout the Town. Additionally, numerous assisted living facilities throughout the state are running into financial difficulties. Sadly, most of the seniors who have moved into them have signed over their estates to do so, leaving them with little or nothing to fall back on should the facility fail. One such facility is operated by the Hebrew Home on Grasslands Road next to the Westchester Community College campus. They, and now their residents, are in financial distress as they are experiencing significant difficulties with their model. Likewise, The Esplanade in White Plains which has failed as an assisted living facility is being converted into a multi-family housing unit. Was that the plan all along?

There is a public hearing this Wednesday on May 11th at Town Hall to discuss whether or not to move forward with the Shelbourne Assisted Living Facility. There are too many issues, questions and problems with this proposal for it to move forward. We hope many residents will recognize this and come out to tell the Town what they think about this. Only then will we get A Better Greenburgh.

Tensions Run High In Emotional Protest

Emotion filled the packed room. Overflow was in an adjacent room and the cafeteria. Little did the Ardsley residents know how Mr Feiner operates and he was using them for his benefit. Knowing he would be sworn in this night having been re-elected yet again after running unopposed, he wanted a big crowd. He got it. There were 376 people in attendance. In fact, Police Chief McNerney informed us that after 150 were counted and allowed into the main hall, they began directing people toward others rooms in the building to adhere to the fire code occupancy restrictions.

Mr Feiner worked the Town’s GBList to its maximum. The GBList is the email list Mr Feiner treats as his own even though he continues to violate a court order for him to release its contents under the Freedom of Information Law. Between the proposed Jefferson Apartment complex project and other area construction in the Ardsley, Dobbs Ferry, and Hastings area, neighbors have a lot to be upset about. This proposal is for the abandoned and unused property on Lawrence Street, formerly used and currently owned by the Netherlands-based company Akzo Nobel. ABG is against the over-development of Unincorporated Greenburgh, but recognizes that this proposal is a legal use for this land. The zoning is commercial and Greenburgh zoning for commercial property includes multi-family housing use.

Traditionally, Mr Feiner and his Town Board operate with flagrant disregard of neighborhood concerns and over-sized projects. This clearly falls in that category. There are many examples of where a developer has built too large a project, blessed by Mr Feiner and his Board even after hearing from upset residents at packed meetings. Several, but not all, include Westhab in Fulton Park, Brightview Assisted Living in Glenville, Regeneron in north Elmsford/Tarrytown, Dromore Road and the proposed Shelbourne Assisted Living facility in Edgemont at the former Sprain Brook Nursery and more. The point is, this Town Board routinely favors the developer over the homeowner, taxpayer and resident. So, what will happen?

Speaker after speaker bemoaned numerous points against this project. No one spoke in favor of ithe Jefferson proposal except the developer. Obvious issues with this proposal are increased traffic, increased school enrollment, no tax benefits for Ardsley and our constant harangue of flooding and future increased flooding to the area. Ironically, PO1 on the agenda was for the Town Board to vote for a resolution adopting the 2015 Westchester County Hazard Mitigation Plan update. This is classic Town Board. Why fix the problem on both the Bronx River and Saw Mill River corridors when we can talk about it and say the County has a plan? It will never get better as long as these politicians are in office.

There was also a litany of varied speakers in attendance. They included current and former Ardsley Mayors, Trustees, Ardsley school Board members and several emergency responders from the Ardsley Volunteer Ambulance Corps. The emergency responders stated they have about 30 or so members and while their call volume is increasing, their membership is not. The point being that whenever you increase the amount of residents, the responders’ call volume increases. This was exactly the issue broached by Police Chief McNerney at a previous Town Board meeting when the discussion was about adding another assisted living facility, this time at the old Sprain Brook Nursery site. More personnel would be needed, whether paid or volunteer.

Retired Judge Herbert Rosenberg apologized to the residents of Ardsley as a resident of Dobbs Ferry for the nightmarish construction and disruption caused to them from the Rivertown Square development currently underway. Many have been stuck on area roadways caused by traffic backups, accidents and construction equipment being positioned on the site.

During the proceedings of this “scoping” session, Mr Feiner played the crowd as we’ve seen done before. Most recently he protested the shopping center expansion on Central Avenue only to capitulate. Unfortunately, that's what we believe will happen here. He will postulate often about being against this, injecting sound bite snippets that he will later post on his websites (greenburghny.com, greenburgh.dailyvoice.com) and YouTube. He'll have the Town videographer carefully craft his swearing in, showing the huge crowd and then the scoping session, again, utilizing the crowd. Sadly, we think he'll capitulate again and approve this project. After all is said and done, he knows the Ardsley residents that showed up last night will be reduced to half for the next meeting. In time, he will wear them down until there is no opposition. We hope this won't happen.

The demands currently being made of the developer can be considered reasonable or unreasonable, depending on which side you are on. ABG would like to see a scaled down project on this site if it were to proceed. There may be other ideas in the works for this location. The Town Board usually meets with developers two years before their proposals are made public. One of the former project leaders for this told ABG staffers during a meeting a year ago that they had previously pitched this project to Mr Feiner, who gave them a favorable response back then. Something is going to be built at this location. We’ve seen Mr Feiner go through hell and high water to push the GameOn 365 sports bubble into a residential neighborhood. We hope that doesn't happen here. We also hope that all sides are willing to sit down and work together to create a proposal that all those involved can live with when that time comes. Only then will we get A Better Greenburgh.