No Confidence In Process After Supervisor Speaks

It is not a surprise to anyone who follows Greenburgh politics that the proverbial “deck” is stacked against the residents by our Town administration. Ironically, while it is technically the “Feiner Administration”, it’s certainly not a “finer” administration – in fact, it’s far from it. The Town Board and in particular Mr Feiner, knowing the media would be present at its previous Wednesday night meeting, began to use words like honest, honestly, honesty, confidence, the process and so on quite often as well as conjunctively! Media-savvy Mr Feiner took the lead and his re-election teammates ran with it. Regardless of what Mr Feiner and half the Town Board says, every resident we spoke to gave a vote of “No Confidence” with this administration. Don’t lose sight of this one simple fact: this is about changing zoning in residential neighborhoods to allow commercial businesses.

Always the behind-the-scenes operative, Mr Feiner sent an email to Dorrine Livson, President of the Worthington Woodlands Civic Association, who felt it should be seen by all and has no problem sharing information. You may recall that Ms Livson asked for the GBList from Mr Feiner and the Town through the Freedom of Information Law and was denied the request. She appealed to the same Town Board denying the request because, well, here is another convoluted process with which the public has no confidence. Not surprisingly her appeal was also denied – by the same people she was requesting the information from!

Sadly, while Mr Feiner has no intention of releasing the GBList to Ms Livson and is comfortable disobeying another court order, he has no compunction about using the coveted GBList for a non-Greenburgh civic association from Yonkers. This association borders Mr Feiner’s gated community and would have affected his home value and quality of life. Do as I say, not as I do? Here’s a copy of that email:

Click on the email to enlarge

With no other recourse, Ms Livson filed an Article 78 with the courts to seek justice for both Town Board refusals of the information requested. She was victorious. However, now as another stall tactic, the Town says they are appealing her court victory. Regardless of that outcome, here is the latest email Mr Feiner sent to Ms Livson:
Dear Dorrine,
I know that you and I have some differences re: the appropriateness of the Board commencing a traffic and environmental study of the Game On application. However- the Board made the decision. It's time to move on and have an honest, unbiased review of the application and the impact the facility will have on the community - if it is approved.
 
We are going to be issuing a request for proposals. And then will interview the possible consultants before making a decision.

I want to work with you and your association members during the review process. And, also want to reassure you that I have not made up my mind how I will vote on this application.

Thanks for your comments and participation.
Paul

Several points we’d like to make with regards to this email. First, while it may seem innocuous enough by itself, there is an underlying message of pomposity and certainly one of non-respect for the community. Second, and possibly most importantly is that he is now claiming “the Board” did this. The vote is split 2 for the proposal and 2 against the proposal with Mr Feiner casting the deciding vote. It is well known in Greenburgh politics that if a Board member seeks re-election, they must tow Mr Feiner’s line or be “Sonya’d”*. Don’t lose sight of this one simple fact: this is about changing zoning in residential neighborhoods to allow commercial businesses.

Mr Feiner has never been objective when it comes to the GameOn 365 application. For almost 5 years now, he has been GameOn 365’s biggest cheerleader. From an illegal lease, ignoring higher offers for the former Frank’s Nursery property, to now wasting time on an application that should not be entertained. His actions, to be honest (his phrase) show his true self. He has mandated by his and his two colleague’s actions by voting to intend to become the lead agency actually initiates this process for this proposal for an approximately 107,000 sq. ft. indoor recreation facility along with an outdoor playing field, while retaining a reduced portion of the existing golf driving range, and provide related features such as landscaping and parking. Again for the uninitiated, he promised his friend the deal and he plans to deliver! The issue is becoming clouded by Mr Feiner’s deflection in making this about the GameOn 365’s proposed sports mega-plex. It’s not! It’s about changing residential zoning to allow commercial enterprises in residential neighborhoods. Don’t lose sight of this as Mr Feiner will continue his deflection technique.

How do we know this is nothing more than a confidence (con) scheme? Simple. Here’s an email we received by accident back in 2012 from Martin Hewitt (GO365 principle) to Mr Feiner cautioning to not send emails as they could be FOILed. Note the portion that says, “...first breach that could be FOIL’d that may tip Donald off...” Donald, by the way, is one of the owners of Elm Street Sports in Ardsley, NY, operating the House of Sports facility. Here’s that email:

Click on the email to enlarge

At this week’s Town Board meeting, two Board members and Mr Feiner agreed to to start the review process of the application for a zone change to allow a recreation facility to be built on Dobbs Ferry Road by declaring their intent to become the Lead Agency (the first step) for this project. So, regardless of Mr Feiner’s posturing (lying?), the process has begun under the guise of a non-committal intent, foisting a traffic study (the second step) upon us – residents be damned! He’s begun his rope-a-dope as he fosters more misinformation to anyone who will listen. Here’s a sampling of it: The Town Board will hire a traffic expert to conduct a traffic study.; we will analyze the traffic impacts and the environmental/quality of life impacts in communities that have similar Sports facilities. Under New York State law the applicant (Game On) pays for the consultant costs. But, the Town Board selects the consultant. So what? Don’t lose sight of this one simple fact: this is about changing zoning in residential neighborhoods to allow commercial businesses.

Mr Feiner is technically correct how he has phrased this next sentence. “The Town Board did not approve any application this week. We just started the review process”. What this really means is they have initiated the first step of the review process which is what would happen if they had sat up there and said they were declaring themselves the Lead Agency. It’s semantics and deflection to keep the average, uninformed residents guessing. What does this mean for the average Greenburgh citizen? Simply, don't stand to close to the tracks, you might get hurt as this train won’t slow down as it approaches the station. This favored method of operation by the Town Board has to change. Only when residents no longer feel as though they are being railroaded will we get A Better Greenburgh.

Confidence in the Process or Confidence Game?

This past Wednesday night's Town Board meeting found the main auditorium unusually packed with standing room only. Obviously, there was something controversial on the agenda. It seems to be the only time people come out, otherwise providing free reign and uncontrolled hubris from the Town Board. Both sides were represented although the neighborhood representation was easily two-to-one against this controversial proposal: a requested Zoning Change on Dobbs Ferry Road at the Golf Driving Range. Nearby, the former Frank's Nursery continues to languish after having had an offer Mr Feiner turned down for twice as much as the offer from his friends.

Tensions as well as emotions ran high and was palpable in the cramped room, where the coveted seats in the back of the room were at a premium for comfort and semi-working ceiling speakers. While some people in attendance may have been there purely for entertainment, the constant of the failed sound system and uncomfortable seating would make tonight's events more a gladiator sport than a standard Town Board session where the political locomotive screams through the agenda at breakneck speed with a constant hum of yay votes. However, most were probably there in hopes of either stopping or advancing this zoning change depending on where they live. 

The affected residents of the area immediately spoke one after another, stating their street address and the amount of years they have resided in the area. Some spoke of being there since they were kids. One man bragged to have lived there since 1960, yet pronounced Mr Feiner's name incorrectly as "Feener". Could he simply be another out-of-town supporter asked to speak in favor of the zoning change? In fact, the opposition, if and when they gave an address, simply stated the Villages they were from - sometimes west of the Hudson! Several people from outside the Town said they hunger for soccer fields and this was the answer they supported. They asked the Town Board to not deny them the opportunity to kick their balls in our neighborhood. Frankly, we're tired of having our balls kicked by people from outside our Town.

Corridor residents said Wednesday night that the proposal should be killed this night. Mr Feiner had continued his ruse of indecision claiming he "honestly wanted the facts" to make an informed decision. This year's buzz term from Town Hall finds several interchangeable phrases: "I honestly haven't made a decision yet"; "We want people to have confidence in the process"; "I am honestly listening to the community"; "we need to become the lead agency so we can have the studies done to make an informed decision"; "We all want to do the right thing". The list is almost endless. By the way, last year's preferred phrase was, "We need to do our due diligence". Predictably, last year's phrase and promises were just another promise not kept. These new phrases already ring hollow. Confidence or confidence game?

Mr Feiner says, "The applicant has proposed a facility – that doesn’t mean that the town will give them permission to do what they want. We may reject the entire application or modify it. If citizens got involved and were willing to have a discussion the size of the building could be discussed." Because the Town Board is split with Messrs. Morgan and Jones siding with Mr Feiner, and the other two against, the first line is not true. They plan to give them exactly what they are asking for. The second line is laughable as this Board never rejects or modifies any developer proposal for any neighborhood - until they are threatened with court actions. Finally, he practically admits this project is going to be approved by saying, "If citizens got involved and were willing to have a discussion the size of the building could be discussed." So the issue is not that he hasn't made a decision, he has. It's not that he is listening to the neighbors, he's not. Now the issue is controlling the size of it. The devil is always in the details.

He continues, "I think it would be horrible for the corridor to replace the golf range –beautiful open space-with development and cement." Huh? Isn't the zoning proposal designed to do just that, put a development with concrete and blacktop aka impervious space, onto open space? Then he wants neighbors to discuss options for the golf driving range as if its viability rests with them. It does not. It rests with no one but the Visioli family - not the neighbors, not Paul Feiner nor the Town Board. Plus, with the newly uncovered lawsuit against the Visioli family and the golf driving range for a different contamination of the property causes ABG to believe this may soon all be moot. However, we're also convinced that Mr Feiner will find a way to skirt the taxpaying residents' objections either legally or illegally. Past performance IS an indicator of future results with this Town Board - hence the lie: "We want people to have confidence in the process". 

And don't be confused or amazed when you hear about the two proposals off of Payne Street and in Ardsley to which the Town Board said , "No." Mr Feiner stated that these proposals should not even be considered as they would strain our already over-burdened infrastructure (the same one he's neglected during these past 22-years). ABG believes those were throwaway proposals concocted to give Mr Feiner et al, the opportunity to seem to care (about his Ardsley voting base) and the north Elmsford area. Not only was there never any plans for them to proceed, but one would be in Mr Morgan's backyard and the other in Ms Juettner's. The proposal on Dobbs Ferry Road estimates 7,000 gallons of liquid waste a day and five thousand cars per weekend. How is that not taxing our over-taxed and under-maintained infrastructure?

Mr Feiner has also said, "During the review process we could discuss aesthetics, every option for the property. I want people to have confidence in the process. If there is unified opposition to the project, the chances of the project being approved are slim. On the other hand – there has been some misinformation spread about the application –and virtually no give and take." The first sentence is a throw-away to placate the uninformed or willfully ignorant residents. The second is a lie as no one except the developers have confidence in the process. The third line is the ultimate slap in the neighborhood's collective faces indicating he plans to proceed. There has only been unified support against the zoning change since it's inception 5-years ago. His comment that, "Chances of the project being approved is slim" is simply a lie. Mr Feiner just hasn't figured out a way to get over on the community for his friends. Finally, the only misinformation that has been spread was by Mr Feiner and Mr Hewitt and his operatives.

Throughout the night Mr Feiner, "We want people to have confidence in the process". No he doesn't. He wants people to leave him alone to do as he pleases. This is more and more shaping up to be a confidence game over confidence in the system. But the mainstream media will feature the above quote and the headline reading public will buy into it. It is better than any con-man could hope for. So as he reshapes Unincorporated Greenburgh into the worst of the Bronx, taxpayers need to be heard now and listened to closely. These same people are seeking re-election and will get 7-9,000 votes by those party faithful who won't decide its time to think differently and just say, "No.". Rather, they'll shrug their shoulders and mandate more of the same, allowing them to act with impunity. We certainly don't have confidence in that system. BTW, ABG believes this will be postponed until after the elections. The proposal will then go through and the public will forget how they got screwed again. We agree with the Greenburgh Council of Civic Associations who always says if its done in one neighborhood, it will happen in another. It's time to stop this madness. Only then will we get A Better Greenburgh.

Parsing Words To Disrespect Residents' Wishes

Many residents have sent letters/emails/comments to Mr Feiner stating that they are against the GameOn 365 proposal and cannot believe Mr Feiner is still entertaining this proposal for a commercial, for-profit (not that it would matter if it were not-for-profit) start up company desperately seeking investors. Mr Feiner was found guilty of illegally stopping the Fortress Bible Church from building a school and church on their property on the other side of the street from this proposal's location. Mr Feiner said he is not in favor of Fortress Bible because of the increased traffic the church and school would generate. What changed? Only that his friend Tom moved to Tarrytown and is no longer complaining about FBC moving into his backyard. This proposal is no different.

And still, Councilman Ken Jones insists he hasn't heard any negative comments about the proposal. It's the old saw, say it often enough and people will believe it. Sadly, while Mr Jones openly flaunts this position, he attended a meeting over a year ago at the Westchester View Lane homes and stood in a resident's driveway surrounded by many neighbors who live nearby, hearing (but obviously not listening) from everyone there. They all said openly, politely but firmly that they opposed the project! 

Let's momentarily discuss semantics of what this means. We're sure that Mr Jones, an attorney, is willing to parse words and say the opposition he heard on that day was about a bubble being proposed, not a permanent five-story-warehouse-sized building on the Golf Range property. He subsequently met with residents of the Secor Homes' neighborhood including two Civic Association Presidents who all steadfastly objected to the zoning change and the GameOn 365 proposal. There's not much wiggle-room.

Many believe the former Frank's Nursery was closed and abandoned initially because of the contamination on the property and more about the high costs associated with remediating it, even way back then. In fact, the Town Board did what is does best when confronted with real problems. They ignored it. So is Mr Jones deluding himself or towing Mr Feiner's "company line" saying he's in favor of the proposal because he hasn't heard any objections? The three "yes' votes to move this process forward, while disappointing, are frankly, expected. More interesting than the cost of remediation for this property, was Town Attorney Tim Lewis' declaration and assurance that remediation would cost no more than $100k, and yet nothing was done to make the property whole and salable.

Also interesting is the Town Board's cavalier attitude toward the significant revenue stream that could be generated in taxes if the former Frank's Nursery property was remediated and single family homes were built similar to Westchester View Lane's homes. Just the Golf Range space allotted to GameOn 365's proposal could generate upwards of just under $1 million dollars a year in tax revenue! Combine that with a properly remediated Frank's Nursery property and we would easily clear over a million dollars in tax revenue a year for the Town, the school district and fire district, etc. That income would go a long way toward paying down the $6.5 million penalty of Mr Feiner's guilty verdict of discrimination against the Fortress Bible Church.

Many of the Towns Civic Association's agree that landowners should be able to reasonably do what they want with a property. However, numerous considerations, such as zoning, traffic, safety, existing neighbors, Comprehensive Plans etc., must be a part of the decision making process for their developments. By circumventing these factors and making a decision on behalf of friends or worse still, because something is in it for them (and we have no evidence indicating this is the case), has befallen many politicians who got very comfortable doing as they pleased as their political tenure increased. After 22-years, we're sure Mr Feiner has gotten too comfortable.

ABG maintains Mr Feiner and his Board are not conforming to the spirit, the intent or the legality of the rules and regulations the Town has in place for development in Unincorporated Greenburgh. A portion of the Town Board follows his mandates in lock-step and for their own political expediency - go along to get along. Why else would they disrespect the residents? In a private meeting we attended held within the Town, a resident asked us, "What's in it for (Mr) Feiner? Why would he blatantly disrespect us?" No one could not furnish a satisfactory answer.

This project promises to build and pave over roughly 20 to 25 acres of pervious property. Why is this significant? First, they proposed to use septic if possible for approximately 7,000 gallons of liquid waste a day. Second, a facility this size generating this much waste cannot rely on septic and will need to be plumbed into the existing plumbing infrastructure. ABG is concerned about water runoff, which already affects this site, the surrounding neighborhood and the easily flooded 9A corridor. We're sure the developers will promise to build cisterns, dry wells and whatever it takes to satisfy the minimal Town Boards softball questions regarding flood mitigation. More important is that runoff water will be directed into the already over-burdened and usually saturated Saw Mill River and the 9A corridor. But once the Town Board makes itself the Lead Agency for the project, all answers to questions such as flooding, increased traffic, lighting, etc., will be moot and summarily dismissed.

The Town Board will be voting to become the lead agency this week on April 8th. Officially the meeting has a start time. But when something controversial is broached, Mr Feiner will pad the meeting with tributes, poetry readings, recognition awards and other useful devices to discourage the public from remaining and /or participating in the events. Once this topic comes up on the agenda, Mr Feiner will state that they cannot make an informed decision and they must make themselves the Lead Agency so they can have the traffic study, the environmental and other studies completed to help them in the decision-making process. Don't believe that for a second! There is no legal requirement for them to become the Lead Agency nor run any studies. They have the legal authority to dismiss this request. But will they? Your presence is required to help them see the light. Only then will we have A Better Greenburgh.

The Zoning Give-A-Way of Unincorporated Greenburgh

It’ll be about 8 months before the 2015 elections for Mr Feiner and his two Board members. A lot of damage might be done during that time by those already in office. Until such time that the incumbents are voted out of office, we will probably continue to see a wholesale assault on all open space in Unincorporated Greenburgh! The Worthington Woodlands and Secor Homes Civic Associations, as well as others sympathetic to their plight, have been trying for almost five years to get Mr Feiner and his two Town Board members to abandon his desire to serve his friend Martin Hewitt with a drastic zoning change in a residential neighborhood for a commercial venture. This venture promises less than half the revenue in taxes over what new residential housing would bring if it was built there instead of being utilized for which the property was originally zoned. It eludes us as to why Mr Feiner would simply ignore the obvious return the Town could get by adhering to the existing zoning over changing it to a lesser valued project?

The southern side of Secor Road finds Ferncliff Cemetery proposing an expansion of their cemetery almost directly into the Secor Homes community. On the northern side, neighbors in the homes on Jean and Jennifer Lanes have the Golf Driving Range owned by the Vizioli family. It has been there sedately for years and is now threatening to compromise the area with expansion. The Vizioli family wants to convert most of the property from a quaint and unobtrusive golf driving range into a megaplex sports site with a 5-story airplane hangar-sized building, fields, lights, noise, increased traffic, parking and an almost around-the-clock operation in a partnership with GameOn 365. Since originating this massive dream-scheme, Mr Hewitt appears to have cycled through all of his previous partners. It appears he’s struggling to find a way to circumvent the existing zoning and cultivate investors from an evaporating pool of candidates.

If these two projects are allowed to move forward, coupled with Westchester Greenhouses, spanning the entire width of Jennifer Lane, with pollution to the area via their outdoor wood boilers, the once residential suburban community will be overwhelmed and boxed in by large commercial enterprises. There are some who believe Secor Road might become a major access roadway, particularly if Jean Lane, which connects to the Vizioli property via Jennifer Lane, is ever opened up to allow traffic. It’s one of any neighborhood’s worst nightmare.

ABG has previously written about Mr Feiner’s desire to hand over the property vis-à-vis a Zoning Code change Mr Hewitt will need to take his paper company from napkin-conception to birth. Unconvincingly, Mr Feiner and his Board made the argument that they recently disallowed two projects from proceeding and that they haven't made a decision about this one. What? Wait a minute! How can any of the three Board members say with a straight face that they haven’t made a decision for or against this project when they have been stumping for GameOn 365 since 2010? Another lie from Mr Feiner and his two Board members. The fix has been in since the beginning and saying otherwise is offensive to us all!

One of these other two projects would have adversely affected the Villages of Ardsley and Dobbs Ferry. Make no mistake, Councilwoman Juettner resides in Ardsley and brings a good number of votes to the Feiner ticket. And that’s the real story here: votes! Obviously, that wasn’t mentioned in this week’s Work Session. The second proposal that was denied was, some believe, a phony one from the beginning. It was one that would allow the Feiner camp to say, "No," and appear to be concerned for the Town. The public was informed that both proposals were not being entertained by the Board because it would over-tax our infrastructure. After 22-years of neglect by various administrations under Mr Feiner, now he’s worried about infrastructure?

The second project was a proposed assisted living facility off of Payne Street in the North Elmsford section of Unincorporated Greenburgh. The plan there was to build a multistory complex on a triangular strip of land between the Croton aqueduct and the Sprain Brook Parkway at the north end of High Street and North Lawrence Avenue. While their claims of limited traffic through this residential neighborhood was purported to be minimal, surrounding space on this postage sized parcel would not be big enough for emergency vehicles to access and egress. But saying it would tax our infrastructure was once again disingenous from the start. Yet, it provided a vehicle for a portion of the Town Board to use as a means to offer balance to the uninitiated in the Town. It is nothing more than pure political calculation at it's best. By the way, this project would literally be in Councilman Morgan's backyard. Is it any wonder why it was denied?

So how can an almost 24-7 sports operation not be taxing to our infrastructure? Mr Feiner, already found guilty of discriminating against the Fortress Bible Church, said the increased traffic from the Church and school was the reason he was against Fortress Bible Church’s application. He never said the real reason, which we believe was to keep this church from building in his friend’s back yard. The Fortress Bible Church was awarded a $6.5 MILLION settlement being paid by us, the taxpayers, for Mr Feiner’s illegal actions! So for three projects in three different Unincorporated locations in the Town, reasons were given by the Board against these projects that when those same reasons were made by the residents near this Dobbs Ferry Road location, only to be summarily dismissed by Messrs. Feiner, Morgan and Jones. How is the residents’ concerns for congestion, over-crowding, over-burdened infrastructure hours of operation, etc., any different than the reasons used by Messrs. Feiner, Morgan and Jones? Votes.

Rome is burning. The Town’s infrastructure has been slowly decaying while Mr Feiner and his Board fiddles for developers. They continue with gifts for their preferred developers while ignoring residents in these respective neighborhoods and do as they please. The upcoming elections hold no promise of us seeing positive change in our Town – or does it? Our prediction is that these three will be re-elected as the Democratic faithful and the willfully ignorant will easily fall prey to Mr Feiner’s lies and hypocracy. The media will be complicit as well and speak of his (pseudo) open government policies, work with the seniors, the poor and on and on and on. His media campaign blitz will become non-stop. Ultimately, running unopposed, he will garner some 7-9,000 votes, even though the Emperor has no clothes. This must end! Only then will we have A Better Greenburgh.