Guest Editorial: Spot Zoning Change to Benefit Sam's Club & Hurt Area Businesses

In an age of transparency and openness, where so much of what we do is done remotely and online, it is no wonder that some will look to profit from our inability to come together and voice objection to land use deals that don’t serve the people’s best interest.

In the Town of Greenburgh, Sam’s Club has been quietly working the insiders at Greenburgh Town Hall to fast track a zoning change that would mean big things for the local economy and environment if approved. And, not in a good way.

Sam’s wants to create a large automobile gas station that would house at least 14 pumps, 60,000 gallons of fuel stored underground, and a 7,500 sq. foot canopy overhead. To build it out, Sam’s Club will lose over 110 parking spots, and traffic studies show it would be problematic, both on site and on Route 9A.

Now, ironically, 18 years ago, the Greenburgh Zoning Board of Appeals turned down a similar request by Sam’s. The well thought out decision was denied in 2004 by then- ZBA member and now Council member Francis Sheehan. I can’t fathom any good reason why Mr. Sheehan would think the request is any better now.

What makes this troubling for many is the immediate harm it would cause to a dozen small and local women- and minority-owned businesses that employ some 200 people in their independent gas stations and convenience stores along the Saw Mill River Road corridor.

In effect, by allowing Sam’s Club to build their requested gas station center, it would cannibalize all local competition, similar to what occurred in Middletown, NY when they did the same there. Six Middletown gas stations went out of business near that Club and the stations have added only blight rather than income and sales taxes to the community.

I know very personally how devastating this will be for my 10 employees and their families. Additionally, I recognize the great risk of Sam’s Club’s project and its potential impact on our natural environment.

A recent study concluded that the area proposed for petroleum bulk storage at the Sam’s Club site sits in a special flood hazard area and is within close proximity to three water bodies (Saw Mill River, Mine Brook, and an unnamed tributary — all feed into the Hudson River). The study concluded that "granting approval of an auto fuel center within this area could cause undue risk."

Now, here’s where the guise of transparency rests: the attorney representing those of us who would lose our livelihoods has been consistently denied access to town records detailing this matter. Town Hall has stymied every FOIL request and shared no economic fiscal analysis report, no environmental impact study, and no current Zoning reviews. Its doubtful if any have been completed by the Town.

We would think that the Town of Greenburgh would act a little more savvy before blatantly lining Sam’s Club and its Walmart owners pockets. But, alas, not.

In the age of Covid where we often socially distance in everything we do, Greenburgh’s officials have chosen to take backdoor deals it to a whole new level, and remove all barriers to question and input in order to expedite projects. Who wins? Not us the citizens.

Please join with us as we hold the line on this fast and sudden deal and try to hold Greenburgh’s Town Board accountable. Sign up (virtually) to speak at the Public Hearing to consider a Local Law amending Section 285-28 of the Zoning Ordinance, entitled “DS Designed Shopping District,” as it relates to Automotive Fuel Station Uses, by emailing PublicHearing@GreenburghNY.com and TownBoard@GreenburghNY.com.

Thank you,
Leo Zulfikar
Owner, Elmsford BP
135 N. Central Avenue
Elmsford NY

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.

Traffic Woes Continue in Fulton Park

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

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

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

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

More Traffic Woes Once Deli Opens - You Could Be Next

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

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

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

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

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

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

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