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.

Maplewood Walk-Through Provides No Answers For Neighbors - Only Developer

Yes, it was a beautiful day. Sadly, the people that were in attendance truly believed that they were being part of an honest appraisal of the property sought to be purchased by the developers. They went there honestly thinking that they were going to experience an open dialogue with the Planning Board and the developer for the Maplewood assisted living facility. What they learned however, was that this was probably a well coordinated effort between the developer and the planning board to benefit the developer by learning, before a hearing, what the issues were of the surrounding community. You see, these residents have not had to deal with Town Hall or a developer before, so they went there with open and honest questions, but did not receive the same in return.

What they did receive was an opening salvo letter from Walter Simon, the chair of the planning board, prior to the meeting, instructing them of what they could and could not do during the walk-through. Equally disappointing was that not all of the Planning Board members were in attendance with this event being scheduled specifically for them. It begs the question why were they not there?* And what would be the purpose of having a walk-through with the public if the walk-through was for the benefit of the Planning Board and not the public? Could it be that this was simply smoke and mirrors and designed specifically for the Planning Board to provide the developer a way of finding out what all the neighbors’ issues are and have prepared answers before they make their pitch to the Planning Board or the Town Board?

Putting traffic aside momentarily, and it's difficult to ignore traffic because it is such a rampant problem throughout our town, another issue that is significant throughout the town is flooding. We’re now seeing flooding even during normal rain events. Claims that we are starting to see 500 year storms on a regular basis are being proven out more and more throughout the Town and yet the flooding issue is routinely ignored by the Town. This has a significant impact on how every roadway, general and rush-hour travel and traffic flow are affected. When the Bronx River corridor experiences flooding, it backs up into many of our neighborhoods as well as effecting Central Avenue. In fact Mr. Feiner and his Town Board recently purchased and demolished two houses for a cost of $400,000 to try to increase the space near the four corners and create a right hand turning lane to alleviate a little bit of the increased traffic congestion going from West Hartsdale Avenue onto Central Park Avenue southbound.

So if we can put traffic and flooding aside, what other issues will impact this neighborhood with this project? The Maplewood property where the assisted living facility will be placed must be excavated and leveled so that the building, which we were told will be three stories, can be built. This includes blasting and multiple pieces of construction equipment and worker vehicles for that and grading of the site. Many of the homes in the area are extremely old, some having been built in the mid 1800’s. Those homeowners are concerned that blasting will not only disrupt their lives but damage their homes. Mr Simon referenced the Town’s blasting laws to allay any concerns. However, we know from experience that these laws and the insurance company’s resistance to pay from technicalities will leave these homeowners in the lurch should their homes incur damage just as has happened throughout the Town in the past.

This project reminds us of an individual who goes house shopping looking for a new home. As you start look at homes, you find something you like about one and dislike about another. As you go around and you see what you do like you slowly begin to make your decision as to what to purchase. If you believe there is something about a particular home that you disliked and can't change it, you have to weigh the pros and cons and make a decision about whether to proceed or not. Sometimes it means walking away. This project is dependent on getting approvals from the town and all of its boards, and once they get those, the sale transaction will be made. This project, as almost all of the assisted living facilities in the Town, is too big for the property and the surrounding area and should be denied!

They claim the staff-to-patient ratio is 1 to 8 and there would be 26 to 28 staff on duty for a day shift. They claim that some of the staff might live in the neighborhood. While that's doubtful, anything is possible. They state there would be 15 to 20 people on the night shift and 12 people on the overnight shift. The traffic argument from the developer is that these people will not all be driving cars, will be using public transportation and shuttles to get to and from work – not affecting traffic much at all. They’ll also say that the residents won’t drive but they won’t mention their families and friends coming to visit them. Again, exacerbating the impact on traffic. The flooding issue will be addressed with water basin collectors. They don’t say what happens to the rest of the water when these basins are full. But, we know. DOT hasn’t weighed in on anything with Central Avenue and probably won’t. So traffic, water, right hand turns and everything else affecting this project will go unchallenged.

We believe Mr Feiner has already met with the developer as he does with all developers. He would have given them a few lame conditions to meet with the public and indicated that this project would get his approval once the Town Board becomes the lead agency. We also believe this to be a done deal, especially if the residents don’t get more vociferous with their protests and highlighted by the fact that he wasn’t at the walk-through. By the way, a requirement to build a sidewalk in front of the property will be enforced and Mr. Feiner will take credit for having a sidewalk (to nowhere) built on West Hartsdale Avenue. 

It’s these kinds of contradictions and lack of support from the town for its existing residents and taxpayers that make projects like this so frustrating and ultimately unwelcome. Greenburgh is changing as we become the assisted living capital of NY, where current Greenburgh residents cannot afford to move into the facilities once constructed. These projects, forcibly shoehorned onto inappropriately small pieces of properties need to stop. It’ll make for A Better Greenburgh.
* Planning Board member Hugh Schwartz was recovering from surgery.

Duplicitous Meeting Obscures Truth - Again

To the uninitiated, when taxpayers receive a neighborhood invite from Mr Feiner, they think it’s something special. Such was the case on Saturday when they were invited to the former Multi-plex for a site visit and another meeting with all of the interested players seeking to build another ShopRite store in Westchester, this time in Greenburgh, known as North Elmsford. It will be directly across the street from Sam’s Club. The same diagrams that had been used back in June were regurgitated for this meeting. In fact, no changes had been made since the initial offering. The only difference this time is all of the players were willing to acknowledge what we had learned even before June, that this would be a new ShopRite supermarket.

One might wonder why ShopRite would want to build at this site? Location, location, location. Don’t be confused, it’s not a great location yet. It will take about two years or less depending on how much green-lighting they need from the Town Board once they take on Lead Agency status. ShopRite knows what we have been reporting for years. The Mt Pleasant portion of property adjacent to Greenburgh’s Northern Elmsford has discussions underway to be developed with numerous apartments, motel, etc., giving them a perfect position to cater to those families. Already existing residents will also benefit. We’re sure Mr Feiner had his hand in this offer as he traditionally is planning for projects several years into the future.

But here’s what doesn’t gel. Residents who participated with this site visit were told numerous things. In part, they heard Feiner-speak and the other part, code for done-deal. So the proposed ShopRite will be 75,711 square feet. Also proposed will be a yet-to-be-announced restaurant or retail business that will be 13,765 square feet in size. The proposal also includes an additional 3,000 square foot restaurant that should be close to the entrance/exit off of 9A. The 20,000 square foot multi-plex theater as well as the stores and bank will be demolished. When looking at the dimensional layout of the project, it’s been crafted to solely benefit the developer and ultimately, ShopRite, by moving the building closer to the Westchester Hills Condominiums and the Orchard Lane residents in the Beaver Hill community.

But this walk through was not about hearing the community residents’ concerns. Rather, it was the developer and Mr Feiner, along with his Town Board, and Commissioner Garrett Duquesne letting the residents know what they can expect with this project. There was nothing different this day from the previous meeting held in the Westchester Hills Condominium’s Rec Center room in June. Everyone here continued to say they had no objection to ShopRite coming into the space. What they all seemed united about was that they did not want an entrance/exit onto Old Country Road. They said an already dangerous area would be made worse by even more tractor-trailer and truck traffic as trucks currently use Old Country Road as a cut through to get to the businesses in the Executive Boulevard complex, which is zoned for light commercial businesses. Old Country Road, which currently prohibits commercial traffic, is the only access/exit road for the Westchester Hills Condominium complex.

The developer’s plans call for major working of the property’s grade from what it is now to a more leveled one. The excuse given was that the zoning requires it and they also wanted to control runaway shopping carts. That was almost laughable. Mr Feiner, his Town Board, and/or his hand-picked Planning and Zoning Boards give out zoning variances like candy at Halloween. Some recent projects where this was done was on Old Colony Road for steep slope; Brightview Assisted Living for setbacks; Deli Delicious for setbacks; Westhab for setbacks, building size; Shelbourne Assisted Living, with a 3,000% variance and setbacks; and on a Central Avenue office building at Ardsley Road and Central Park Avenue for setbacks, undersized building parking and structure heights.

In fact, every developer that pre-meets with Mr Feiner privately before they submit plans at a Town Board work session already know what few obstacles they may face. Regardless, this was a fake argument to make for this crowd because they don’t follow these Boards, nor understand that this deal is already underway. How do we know? Because everyone from the applicant’s side, Mr Feiner and Walter Simon, the Chair of the Planning Board said that once the Planning Board has the project on their agenda, residents can come and speak about it. This is interesting because the Planning Board doesn’t allow comments to be made.

So, looking at the unrevised site plans that everyone struggled to see because the presenters stood by the front of the building’s glass doors and windows with the bright sun blinding the crowd of about 50 or so people, we were shown how the trucks will be coming in and going on a two-way roadway on the perimeter of the property. They will head northward, making a right-hand curved turn toward the rear of the building, pulling past the rear loading docks with their tractor-trailer trucks and then backing into the loading dock proper. Once unloading is completed, the trucks will pull out onto Old Country Road. The unchanged site plans also allow the tractor-trailers to enter from the proposed Old Country Road entrance. An unmentioned aside is that the condominiums are built on what used to be marshland. The piping for the condominium’s storm water, waste, etc., were not built for truck traffic, but for residential vehicles. Let’s not forget that there have been numerous shifts in that entire complex and Old Country Road itself as settling and sinking still occurs.

We see no reason that the developer cannot make adjustments to their plans to be a good neighbor with the three existing residential surrounding this property. Instead, they’ve dug their heels in and continued with the phony slope argument. The Town is famous for allowing steep slope variances and could do so here. The trucks can continue around the building and come down the south side of the drive and exit at the same light that they enter. This isn’t rocket science and in this day and age, computers are doing the reworking once new coordinates are put into the developer’s CAD system. The next step in this scam would have been for Mr Feiner to offer to help create a neighborhood committee so they can meet with a few neighbors to discuss this. He prefers this angle as he likes to try to talk to one or two people at a time to sway their opinion. But since he didn’t offer this, it proves our “done-deal” theory.

This may not be the right project for this property. On a much smaller level, when people are looking to purchase a home, they shop and look at numerous properties before making a decision. Frankly, if there’s something they don’t like, the driveway is too long or too small, or, they don’t like the schools, or the area floods, whatever the reason, you walk away. Will ShopRite walk away? Maybe they desire this property enough to work with the neighbors, maybe not. Another one of Mr Feiner’s ploys is trying to coerce neighborhoods to accept what he wants by saying you don’t know what else might come in here. It could be a methadone clinic or a homeless hotel. It doesn’t have to be if he stuck to the Town’s Comprehensive Plan.

We don’t have to accept this either. You can keep pressure on him, his Town Board and yes, ShopRite. You’re entitled to have a good quality of life and what you want, just as they can want what they want. The difference is that we live here – they are outsiders looking for us to give into their pressure. We’re convinced that this not a good deal as it stands. Let them come back to the Town and its residents with an reworked proposal and see if there can be a compromise. It’s what will make for A Better Greenburgh.