ShopRite Welcomed AND Rejected By Community

We've previously written about the Multi-Plex movie theater closing on Saw Mill River Road in what's referred to as North Elmsford. The theater  has finally officially closed about two weeks or so ago. A ShopRite supermarket is planned to be built after the movie theater building is torn down. While the Town and the attorney for the property owner are not at liberty to say which store brand it is, many in Town Hall have shared the information. We believe this was to quell the rumors that a Walmart, a Wegmans, CVS and other stores of various names would be moving in. Ironically, a Grand Union, Masters Department Store and later a Masters Liquor store resided there for years many years ago.

The Town's Planning Commissioner Garrett Duquesne agreed to meet with the Westchester Hills Condominium Association, Beaver Hill Civic Association, the Pocantico Park residents and the ShopRite developer's attorney, William Null of Cuddy and Feder. While many were saying this was a ShopRite, Mr Null remained steadfast in refusing to acknowledge his client until the contracts are signed and he gets the go-ahead to release the name. While Freedom of Information Law requests take agonizingly long to get from Town Hall, this information is readily shared in an otherwise porous Town Hall.

There was an overhead projector set up displaying the first slide of their presentation.  The grade, or pitch of the parking lot and how it slopes down to Saw Mill River Road (9A), is no longer allowed by code and will pose one problem for constructing a new supermarket in that location. The excuse for lowering the lot and reducing the grade was to stop car doors from swinging open and hitting cars next to them. The other reason is to stop runaway shopping carts from soaring down the lot hitting parked vehicles, people or going into traffic. Who knew supermarket parking lots could be so perilous?

But what would likely be the most vociferous complaint of everyone in attendance was when the slide was changed to show traffic patterns. Those in attendance didn’t even wait for the explanation and jumped on the small detail of the parking lot opening onto Old Country Road. 
“Is that parking lot opening onto Old Country Road?” someone shouted out. Several people jumped into that conversation.
“We already have too much traffic on that road as it is with cars AND trucks coming and going to Executive Boulevard businesses.”
“We’ve had cars go into our backyards,” claimed a homeowner on Orchard Lane.

“We're okay with a supermarket as long as it doesn’t open up onto Old Country Road!” The developer also had several variances it would need for the project: an increase in the exterior lighting from 14ft to 20ft; a 24-7, 365 days a year operation, increased number of sign and sizes of signs and a reduced amount of parking spaces from what is currently there.

Regardless of what the representatives tried to discuss from that point on, residents were only interested in one thing: not opening access to Old Country Road. Some even suggested removing some parking spaces to accommodate the trucks and tractor trailers entering from 9A going up the drive on the left-hand (north) side drive, making their delivery and exiting on the southern side back to the traffic light entrance where they came in.

Also in attendance and each sitting by themselves were Mr Feiner, Mr Jones and Mr Sheehan. At one point Mr Jones and Mr Feiner spoke and when Mr Feiner identified himself, a long-time resident said, “Wait, you’re Paul Feiner?” He waffled a bit because while someone else had shouted out this was a done-deal, Mr Feiner’s classic two-step shuffle veered the conversation toward coming up with a compromise --a classic ploy when his original decision bites him in the butt.

After pitching what might be an alternative, the attorney William Null of Cuddy and Feder said they can revisit the plans but there is little to no room for alterations from this plan. Here’s what we think happened: ShopRite and their representatives met with Mr Feiner and maybe one or two Board members along with Mr Duquesne to discuss redeveloping the property. He either told them or strongly alluded that he would make the Town Board the lead agency for the project and as long as the project fits the zoning, they build a sidewalk to nowhere, somewhere to be determined later, make a donation or two to some fund within the Town, donate a fire truck, etc., and they'll sail right through the approval process. Once all the ducks were in the flooded 9A row, he had one more stipulation, which was present it to the condominium owners.

Most people in most neighborhoods do not pay attention to what is going on in the Town. We call it OIMBY. People get involved when it’s Only In My Back Yard. It’s then that they show they are concerned with their quality of life, their families, work, school and affordability. This project will have a direct impact on all of those for the people in the immediate area, Beaver Hill and the housing to the north that abuts this property. Despite the fairy tale they were being told, Mr Feiner and his Town Board do not really care about them (“Wait, you’re Paul Feiner?”) which is why this moved ahead to this point. Here, the populace has been awoken only to learn their well-being was again ignored for what Mr Feiner wants. He should have had the community meeting before he had the developer meeting. But he really is out of touch with the Town constituency and once again, he did not do what is right for the residents. This has to change. We’re sure there will be more to this story. It’s what will make A Better Greenburgh.

Witholding Information and Selective Open Government

Last week’s Town Board meeting had two issues of significance that had residents turning out in numbers. The first was the alleged Comprehensive Plan Hearing for the latest iteration of a diluted and less potent Comprehensive Plan document that was met with mostly resistance. The other was numerous residents from Ardsley in attendance to protest the proposed Jefferson housing project in the area of Lawrence Avenue. Previously, several hundred residents had turned out in opposition. In fact, due to the volume of people at that meeting, the Police Chief began enforcing the occupancy limits and herding people into other areas of Town Hall.

While there is much to discuss about the watered-down and almost ineffectual proposed Comprehensive Plan, we want to focus on the lack of open government from 177 Hillside Avenue. Our previous post details an email that was received by Mr Feiner from Rick Rucoba, the Public Affairs Manager from the Akzo Nobel chemical titan that owns the property under contract for sale to create The Jefferson. The contract is only valid however if the developer could get approval to build the 272-unit housing extravaganza. 

Below is a copy of the email Mr Feiner received at 7:27PM on Wednesday night. Where was he at 7:27PM on Wednesday night? Of course, he was at the Town Board presentation arena using up residents’ valuable time forcing a limit with their engagement with a critical public. So he received the email from Mr Rucoba at roughly the beginning of the night’s proceedings. Yet, knowing there were people from the Ardsley community there planning to speak against The Jefferson and seeking his help in doing so, he chose to secret the information and remain silent! Is it possible he chose not to share this crucial information because he would not get as much publicity from it than if he waited and had a full day to publicize this? That’s our belief. In fact, two days later found a rather large article appearing in one of the area’s daily newspapers!

We've highlighted in yellow the 7:27 time stamp when the original email was sent to Mr Feiner. Then, highlighted in purple at 10:11, is the time stamp when he forwarded the email to someone else. Did he forward it to the “Say No to Jefferson” group or his press release list or his press release agent? We know he sits at the dais during meetings ignoring the speakers while he plays with his phone. ABG staffers are convinced he was already mapping a press release strategy during the meeting – concerned residents be damned! 

It’s difficult enough for citizens of Greenburgh to get straight answers and honest information from the Town and it’s elected officials without having to file a Freedom of Information request (FOIL). It’s sad that Mr Feiner would choose to conceal valuable information such as this from a group of people who were anxiously seeking his help. Obviously, politics is more important to him than the welfare of others. This needs to change and more importantly, be stopped. Only then will we get A Better Greenburgh.

Town Knew They Would Lose $1 Million

The Town of Greenburgh, Ardsley and Hastings entered a decision with Forest City Ratner a number of years ago to fund repairs to various roadways. Forest City Ratner was the Ridge Hill developer, who agreed to pay an award of $5 million dollars to the three communities. One catch was that the money had to be put in an escrow account, with an expiration date of March 18, 2016.  That deadline passed three weeks ago and the money in that account reverted to the developer. Some of the work had been done and the funds spent with money left in the escrow account.

Paul sent an e-mail out in March of 2009 discussing this agreement. The entire document can be accessed through the link below.  We've inserted his two paragraph statement here:

Possible intersection improvements RIDGEHILL $5 million settlement
Release Date: March 30, 2009

When it became clear to Greenburgh, Ardsley & Hastings officials that we could not legally stop the Ridge Hill development from being approved by Yonkers we entered into an agreement with the city and Ridge Hill developers. Ridge Hill would contribute $5 million towards road improvements. A committee made up of representatives of Greenburgh, Ardsley & Hastings has been meeting. This committee has been reviewing various traffic safety options. This is a summary of the committees’ most recent meeting, as reported by Thomas Madden, Commissioner of Planning.

PAUL FEINER

At the March 19, 2009, Ridgehill Intersection Improvement Committee, discussed and classified the twelve project study areas into three categories, in order better allocate resources when studying the intersections and road segments. These categories are 1) Intersections that would benefit from further study and have the most impact; 2) Intersections or improvements that should be sent to the State or County as a report and analysis for future road work considerations; and 3) No improvements needed until 2028. 

Read the entire document at:

http://www.greenburghny.com/Cit-e-Access/news/?TID=10&NID=14272

What was left of the funds were to be used to improve the conditions to and from Ridge Hill, Jackson Avenue at Saw Mill River Road (9A) and a widening of 9A in downtown Ardsley. To be applied as intended, the $1million balance was to be used to straighten a section of Jackson Avenue near Sprain Ridge Road. Even though that money is now gone due to a contractual clause, leaders with the Town claim the reconstruction of that section of road will still take place – even without the $1million in funds!

A memo dated March 17 from Greenburgh Planning Commissioner Garrett Duquesne was sent to Mr Feiner several weeks ago warning that County Planning staff were continually objecting to all plans put forth by the Town for this small strip of property, siting the removal of trees, grading and other disturbances that would be made to the property. The changes were adding costs to this project and delaying a resolution of it. It was Duquesne who has said the project will continue forward. However, the Town cannot proceed without the County’s approval. In fact, the Town Board had already passed a resolution (below) committing funds to complete the project in January 2016!

According to County Legislator MaryJane Shimsky, the fatalities in this area mandate that this work gets done. She also stated that the Deputy County Executive is committed to finishing this project as well. Sadly, the fact that the Town Board passed a resolution to fund this without mentioning forfeiture of $1million is almost like not informing the public at all. It perpetuates the phony “open and transparent” government pablum being spouted from Town Hall. This is a serious amount of money that the Town failed to act promptly on and is most likely the reason it is now gone. Mr Feiner was against developing this area with a proposed Target store in addition to the Stew Leonards, Home Depot and Costco. Could this have been his solution to slow that down?

We’ll never really know the truth from Town Hall as to why the funds had not been used before the deadline was reached. Clearly, the Town Board all knew what would be happening with the $1million funds. Also clear is that they didn’t care. This cavalier approach to taxpayer funds has to stop. Only then will we see A Better Greenburgh.

Another Slice of Greenburgh Going, Going Gone - Welcome to Pepe Factory and Prison - 2269 Saw Mill River Rd

Spring 2014, Pepe Auto Group bought the old Sonotone office building on Saw Mill River Road (Route 9A), near the Elmsford Little League Field.  Pepe is applying for the Greenburgh Town and Planning Boards approval to build a new vehicle preparation operation and car storage facility for their 6 auto dealerships (two Mercedes Benz, Infiniti, Porsche, Sprinter, and Cadillac). Their hours of operation at this site will be 7am to 6pm Monday through Friday with half-a day on Saturday and some Sundays! How lucky are we!!

Approximately 750 cars will be stored on the property (650 outdoor parking lots, 100 indoor in the prep building) and delivered-monthly to their dealerships. Pepe stated that 3-5 car carriers (tractor trailers) will be processed daily (Mon.-Sat.); that will be 260 tractor trailers a month using Saw Mill River Rd/9A (5 trailers x 26 days/month x 2 round-trip).  Pepe says 15 cars will leave this facility daily for customer deliveries at their dealerships either driven individually or by flat-bed trailer. But his math doesn’t compute! 15 cars per day x 26 days is only 390 cars per month, 4 tractor trailers a day times 26 days a month with each truck holding 8 vehicles is 832 vehicles per month Other times Pepe states that his entire inventory will turn once a month, that would be 750 cars.  Which calculation is accurate?  If 750 cars turnover in a month, then at least 750 cars are to be delivered to the dealerships then 750 cars need to return to the facility with the original drivers.  That will be an additional 1500 cars either using Saw Mill River Rd/9A or our local neighborhood streets (15 cars x 26 days/month x 2RT).  Pepe stated there will be approximately 30-50 employees at this site, that equates to 2600 employee trips a month not counting possible lunch trips, nor occasional Sunday openings (50 employees x 26 days x 2RT).  In Supervisor Feiner’s letter to Greenburgh residents he only compares the proposed employee trips of this facility to an office building.  He fails to multiply and include in his calculations the additional vehicles from daily deliveries to the dealerships, car deliveries via tractor trailers, box trucks for vehicle parts inventory, gasoline tanker trucks or garbage and refuse trucks.

As part of the car preparation process, each auto needs to be washed and fueled; therefore Pepe will be installing two 10,000 gallon gasoline tanks with a fueling station on this property.  At approx. 20 gallons per car x 750 cars delivered per month that’s 15,000 gallons of gasoline per month used, Therefore that would be at least 4 gasoline tanker trucks using Saw Mill River Rd monthly (regular and premium gasoline)  An average gasoline tanker truck holds 8500 gallons, 2 tankers x 2RT.

At least 40 box trucks delivering car parts a month (5 dealerships x 1 weekly x 4 x 2 RT).  This is for all non-factory installed accessories oil, coolants, etc. used as part of the new car preparatory process.  Garbage, recyclers and trash haulers – Per Pepe, a lot of cardboard and Styrofoam delivered with new cars.  Most probably twice a week garbage and recyclers, 16 ex-large trucks monthly (2 x 4 x 2RT)

Their hours of operation will be 7am to 6pm Monday through Friday with a half-day on Saturday and Pepe admits to even some Sunday openings!  This operation is not at all similar in size, building architecture, or prior business operations anywhere in Greenburgh! We all know how busy and crowded Saw Mill River Rd/9A is; Do we REALLY need this extra car and truck traffic?

This increase in allowable traffic seems to be contrary to what Paul Feiner is advocating in his 2015 Agenda Posted on Greenburgh’s website January 6, 2015 # 12 Lobby NYS for 9A bypass to reduce traffic congestion on 9A in the vicinity of 119- working with villages and business community and #13 Support commercial vehicle enforcement detail for vehicle scales to preserve town roadways.

As part of this site renovation, Pepe wants 2 separate 8 foot chain-link fences installed around the circumference of the property, spikes in the driveways and over 100 overhead 14’ LED light poles in the lot, camera and motion detectors with all flood light lights immediately activated upon an intrusion.  When asked, how will these flood lights be turned-off once activated?  Pepe had no answer.  Do the residents need to bear lit baseball stadium lights until someone comes to turn them off?  Our quality of life not to mention sleep disturbances are not considered or addressed by the Town Boards?  How safe does 8ft chain link fences make our visitors and future business investors feel?  Pepe wants to make our residential community feel like a ghetto!  He says second to parking as many cars on this property as design allows, is to have this property look like maximum security operation, and deter intruders.  The look and feel of the property’s surroundings for the local residents was not a concern of Pepe or his architects.  There are proposed subdivisions on Worthington Rd and at 1952 Saw Mill River Rd. with new homes selling in the $1.5+ million range.  Would you invest your money in a new home with this facility and operation in your neighborhood?  We have never had a prison in Greenburgh, and we don’t want one now!  Pepe won’t be looking at this eye sore of a building every day and night.  We will!  Pepe won’t be around if there is a security breach, (even it’s a deer jumping the fence) or god-forbid a gas explosion.  We will!   But wait we will have a large illuminated “Pepe” sign on the front of the building even though Pepe swears customers will not be visiting this facility.  Then why does this facility need such a prominent sign on the building?

The increase in traffic presents many hazards.  Large tractor trailers can’t turn right from Route 119 to Route 9A, but there’s no guarantee they won’t try, blocking both RT119 and 9A until all the cars on 9A clear out.  Have you ever seen this happen?  Yes.  Locals don’t try it, but Pepe’s contractors?  Pepe says they will request the tractor trailers operators to access Tarrytown Rd/RT 119 from I-287 Exit 4, or I-87 to Ardsley’s Exit then on to RT9A.  Supervisor Feiner dismisses the I-87 alternative and only states that the tractor trailers will use I-287 Exit 4 making a right turn at Staples/Tarrytown Rd through Main Street in Elmsford and making a left turn by the Elmsford Post Office.  A tractor trailer will NOT be able to turn on these roads without using both lanes in both directions leading to more congestion, gridlock, traffic tie-ups, accidents etc. 

What about pedestrians?  What about people at bus stops up and down Route 9A?  No road shoulders or bus shelters.  Bus stops are marked by bus stop poles by the white lines on road edges. What about people crossing RT9A and 119 to transfer to other bus routes?  It’s already hazardous!  Traffic lights even now don’t give pedestrians enough time to cross the street.  Adding more tractor trailers, trucks and cars turning can only cause more blockage and hazards.  Ask the bus drivers!  Car carriers versus pedestrians - guess who wins!

What about people driving their kids to and from the Ann & Andy Day Care Center on Saw Mill River Road?  What about kids running to and from the Elmsford Little League Fields?  What about children walking from the local streets to school in Elmsford, especially during the winter months when the mornings and late afternoons are dark?  Here, like Edgemont there are no sidewalks nor road shoulders.  How will our children be safe when all this extra traffic runs up and down RT9A?  Parents will then decide to drive their children and more traffic will ensue.  The memorial crosses beside Saw Mill River Road/RT9A are there for a reason.

The residents also feel there has not been a proper environmental study on this property. Since WW II, the former Sonotone Facility had their vacuum tubes, Nickel cadmium battery and battery chargers plant and research facilities at the building Pepe proposes to demolish.  We need a detailed environmental study done at this particular building as well as on other parts of the site before demolition begins.

What’s Pepe, Town Boards and Supervisor Feiner’s answer to the residents’ issues?  Silence.  And this time it isn’t golden for Greenburgh’s residents!

Guess What? On January 28, 2015, the Town Board approved under AT 1 a resolution authorizing tax certiorari settlement with petitioners Elmsford Executive Park Co/2269 SMRR LLC (name for legal purposes) for $635,036+/-.  I guess we get to pay for the property renovations too!  Not to mention, part of Pepe’s renovation of this site is to demolish a building for additional parking.  How much would this decrease the future tax revenue on this property?  No answer again…

Why are they rushing this project through?  Why aren’t they asking New York State DOT to prepare a traffic study?  Why is the Town concerned only about Pepe’s interests?  Why are the residents last on their list?  Why aren’t they asking these questions? 

PUBLIC HEARING MARCH 11 at 7:30pm GREENBURGH TOWN HALL