Town Wrong Again, Snubs Nose At Process and Residents

It's no secret that when Mr Feiner wants a project to go through, he will do everything possible to stack the deck for that project's developer. Such is the case with the Formation-Shelbourne's oversized assisted living facility project that would replace the Sprainbrook Nursery. It's the first proposal for an assisted living facility that clearly does not meet the Town Board's newly adopted (2-yr old) assisted living zoning code. It was adopted specifically to allow the Brightview facility to be built at Rt 119 and Benedict Avenue - another project Mr Feiner favored. In fact, after adopting the code change that Thomas Madden, then the Planning Commissioner, along with Mr Sheehan and others, insisted another assisted living facility could not be built anywhere in Unincorporated Greenburgh because there is no space that could accommodate it!

This debacle, highlighting the public's outcry that the Town Board follow the process and allow the project to proceed, or not, of its own volition, has routinely been ignored by a deaf Town Board. But since Mr Feiner wants this project to go through even though it violates the zoning, he insisted on pushing it through against protests of the taxpayers. He's again violated the process he so often refers to, claiming that the residents should have confidence in the process. Actions such as these reinforce the residents’ lack of confidence in any processes Mr Feiner and his Board may discuss. The only confidence they seem to get is the confidence game he and his Board are running against taxpayers! 

At this meeting, he had his Town Board vote to accept the negative declaration on the State Environmental Quality Review Assessment (SEQR) before it was required to be performed. The "neg dec SEQR" report means the project will not have a negative environmental impact on the project. Perhaps this would be the outcome anyway. But testing and reports are needed to make that determination. Mr Feiner and his Board have performed none and by not following the real process, are cheating everyone except the developer. Emboldened by the public's inability to stop them has created this nightmare scenario.

During the same Town Board meeting was a scheduled hearing for the 7-8 year old Comprehensive Plan that has yet to be adopted. The Town Board cancelled it. Why was the hearing cancelled? The Comprehensive Plan is the one official obstacle that might restrict Mr Feiner and his spot-zoning ways if adopted. However, changes to it seem to have watered down its effectiveness. It should provide a map for the Town's zoning which would slow and possibly stop Mr Feiner's wanton wholesaling of every piece of undeveloped land in Unincorporated Greenburgh. It's no wonder he decided to postpone the hearing. Every delay, change or review slows its adoption and keeps him in the driver's seat. He's spent the last two years throwing more considerations for them to review knowing it slows them down.

To add dramatic flair to the proceedings, Councilman Ken Jones had said at an earlier meeting that he had unanswered questions and wished to have a delay in the vote. This night, he said his concerns had been answered and he would support the project. No surprise there. ABG believes these theatrics were Mr Jones' turn to appear to be the “concerned Board member”. We believe that Mr Feiner instructs the Board members who can challenge and even vote "no" on any given issue. It was his turn. Ironically, Mr Jones' questions were less environmental and more traffic oriented. It was perceived and ultimately believed by many to be nothing more than a ploy for appearance sake.

Many residents have been concerned about increased traffic, accidents, emergency vehicle responses, flooding, lack of blending into the neighborhood and more. Others, including friends of the Sprainbrook Nursery owners have championed the sale. While we appreciate they're trying to help their friends, this is about adhering to the zoning code changes Mr Feiner and his Town Board adopted against many residents objections with valid concerns. He and his Board ignored that input and it was passed. Now, Foundation Shelbourne is asking for variances for some of those same concerns. They should not be allowed and the zoning code Mr Feiner and his Board passed should stand. 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.

Death of The Solana

Much has been said about the Sprain Brook Nursery property. There have been two suspicious fires within the period of time the owner, Al Krautter was looking to retire and/or sell the property. The fires may have been coincidental, but they highlighted the lack of water supply for the area, according to fire service representatives. In fact, he closed the nursery in 2012 to put the property on the market. When he was unable to sell it, Krautter reopened the business as a more scaled down operation focusing on organically grown products..

Enter Formation-Shelbourne, a company interested in developing the 3.7 acre parcel of property into an 80-bed assisted living facility. ABG is convinced that once the assisted living concept gets all the Town approvals, it will get built. Once built, it will flourish as most assisted living facilities appear to do. Then, characteristically, profits will shrink, costs will rise and after all kinds of hullabaloo, their management will announce Chapter 11, Chapter 13 or something threatening the bankruptcy route. Then they will say they need to change their model and become either a co-operative apartment or a condominium complex. We’ve seen this in White Plains (which has lower city taxes) with the former assisted living facility, The Esplanade. We’re also experiencing this currently with the Hebrew Home next to Westchester Community College on Grasslands Road.

Regardless of how Formation-Shelbourne proceeds (or not) with their proposed assisted living facility called The Solana, they will need a number of variances as well as clearing a number of hurdles created by Mr Feiner and his Town Board. You’ll recall when the Brightview Assisted Living management team was pitching their mega-building at Rt 119 and Benedict Avenue, they wrote the ordinance for allowing assisted living facilities in our Town. Never heeding complaints from the G10 or other residents, Mr Feiner and his Board unanimously passed the new ordinance.

Several issues in the new ordinance were specific to Brightview, including size, location and various other requirements. Never to be swayed by public opinion, logic, facts or qualified information, Mr Feiner and his Board did as they always do, ignored valuable information from residents, and plowed through the new ordinance for assisted living facilities. It never mattered that the ordinance restricting the building height matched exactly the  Brightview specifications. It didn’t matter that the footprint was on 4 acres of land – the exact size Brightview purchased. Nor did the need for proximity to a state road of 200 feet. That’s because their building was thought to be 200 feet from Rt 119, a state road. It was discovered in the eleventh hour that the site was actually more than 200 feet from Rt. 119, and wording of the ordinance was changed by the Thomas Madden behind the scenes to read 200 feet from a state right-of-way. Much to the disappointment to many residents, passage of this new ordinance also created a major change throughout the Town by now allowing Assisted Living Facilities to be built in residential neighborhoods. There’s more to this, but let’s go back to The Solana.

The proposal for The Solana, which would be constructed on the current Sprain Brook Nursery property, is required to be located within 200 feet of a state or county “right-of-way”. That does not include parkways and interstate highways as qualifiers of this “right of way”. This requirement was put in place to ensure emergency medical vehicles could get to these types of facilities quickly, and not have to travel through residential neighborhoods at all hours, since assisted living residents are apt to need emergency medical services often.

The Formation-Shelbourne management balked and stated a small strip of land owned by NY State constituted the requisite “right-of-way”. A challenge from the Edgemont Community Council’s President Bob Bernstein to the Building Department’s Building Inspector disagreed, saying only a state or county roadbed or a proposed roadbed, not a small parcel of state-owned property constituted a “right-of-way”.

The building inspector had also ruled last summer that no variances were needed. However, the ordinance states that these type of facilities must be at least four acres in size. Finally, after four public hearings in as many months, the Zoning Board of Appeals (ZBA) took a straw vote which is unofficial, yet reasonably representative of the final vote and ZBA members present unanimously agreed that the building inspector was wrong. Now, while everyone was relieved to learn that the ZBA got it correct, the Formation-Shelbourne attorneys and management company can still apply for variances and proceed with their project. Since the approval will fall to the Town Board, and Mr Feiner favors the project, he could instruct his Board to approve it. If it should get approved, the other issues raised can easily be mitigated as well.

While this project can easily be fast-tracked through the process, which many believe have failed them, there is another perspective this time that is in play. Mr Feiner has been exhibiting quite a bit of sympathy and empathy towards the Edgemont Community. In fact, he has gone above and beyond to placate them, even going so far as to apply and receive grant money for sidewalks in Edgemont – something he will not do for less affluent communities! So, he may go to bat for Edgemont again to allay any thoughts they may have about seceding from the Town and incorporating into a Village. It remains to be seen. These kind of shell games must end. All neighborhoods deserve the same treatment from Mr Feiner and his Board. Allowing this type of discrimination, something Mr Feiner has been found guilty of doing in the Fortress Bible Church case, must end immediately. Only then will we get A Better Greenburgh.