Counterpoint To Year In Review, Part 2

Each year Mr Feiner sends out his list of “accomplishments”. Since Mr Feiner has a difficult time with facts and truthfulness (he was convicted for lying under oath) ABG posts the other side of those same “accomplishments”. This is part 2, our responses are in blue.

31. Painted water tanks--addressing infrastructure concerns.  Others will be done also.

Maintenance is typically ignored by this administration, so it was surprising and possibly more costly because it had been ignored for so long. Sadly, Mr Feiner is bragging about something that was long overdue.

32. Opened new dreamcourt basketball court at Old Tarrytown Road Park.

It’s a basketball court.

33. 3,400 LED street lights installed - to cut streetlight energy usage by 61%.

The cost of this energy savings was over $600,000. The return-on-investment was never mentioned. While the Town may save 61% (there is no substantiation of this number), it may have been better to phase these in as existing fixtures and bulbs failed.

34. Greenburgh Shopping Center on Knollwood Road improves striping in their existing parking lot.

This effort was brought up by, carried by and seen through fruition by the Council of Greenburgh Civic Association after they pointed out many illegal aspects of what had been done to the lot by the owners without the proper permit and approvals processes performed by the Town. It’s amazing that the building department, whom we're told is woefully overwhelmed with work, was able to stumble upon a Fulton Park resident’s minor construction but missed an entire shopping center's parking lot renovation. The Fulton Park resident had the charges against her dismissed in court.

35. 11 year old reporters from Greenburgh Xposure have their own radio program.

The Exposure program is not a Town run program.

36. Our Greenburgh Police Department is first law enforcement agency in the county that committed to outfitting each patrol officer with their own individual body camera.

The Town’s Police Department is among the best there is. We believe it can only have a positive outcome.

37. Organizing a new initiative: musicians to perform for homebound elderly.

Please focus on infrastructure, lowering taxes, have more police on patrol and stop with the publicity stunts. There are plenty of people already doing this.

38. Proposal submitted to lease former Scarsdale A&P to a 24 hour fitness facility on Central Ave.  Application is before the Planning Board.  Hyundai car dealership approved and opens on Central Ave.--first new dealership since we approved the use on Central Avenue.

While approving the use of Central Avenue for car dealerships, the new taxes levied on gas stations has forced the closure of two long-time service stations as their profit margin on gasoline was pennies. As far as the Feiner administration is concerned, this was never about helping businesses that have been in the Town for years, paying taxes and helping the Town.

39. Town Board adopts law that will enable the town to close down illegal massage businesses that employ unlicensed masseuses.  A lawsuit filed against the town in NYS Supreme Court was dismissed.

While enacting this law, originally written by Edgemont resident and former Town Supervisor candidate Robert Bernstein, the Town attorney watered it down and diminished its viability. It also has not been put into practice in over a year.

40. Town Board approved parking on East Hartsdale Ave. during winter months, with exception of snow emergencies.

The Town Board has repeatedly said that enacting special parking permits that are not useable Town-wide was illegal. What changed? Actually, nothing. This appears to be selective governing based on what's popular at the time.

41. Discussions with community - new possible look in 2017 for Manhattan Avenue: trees and islands in middle of road to reduce speeding and make the avenue look more like a boulevard.

It’s interesting that the same neighborhoods receive an inordinate amount of attention, focus, money and renovations while others cannot even get sidewalks to keep pedestrians safe.

42. We plan to repair indoor pool at the Theodore Young Community Center.  An attractive new roof will be constructed on the building in 2017- providing pool patrons with natural light.

While we enjoy the TYCC and appreciate that things need to be repaired, recent years have witnessed a lot of spending on what seems to be the same things over and over again. Perhaps low-bid and the Town running these projects isn’t providing us with the best results.

43. Working with Westchester County Association- pushing for high speed broadband gigabit service that is 14 times faster than current service.

We still are at a loss as to how and why the Town needs to be doing this.

44. Trader Joe's to expand on Central Avenue.  A compromise was reached with some members of the community.  No driveway will be built at North Washington Avenue.  Expansion of a medical office building near Best Buy approved.

There was no compromise. Mr Feiner caved into the developer's wishes after appearing to be concerned about the area residents complaining about the added traffic that would bombard their neighborhoods once residential roads were opened up. 

45. Town Board appointed new Town Comptroller, Roberta Romano, after former Comptroller retired.

Congratulations.

46. Former Commissioner Bill Carter, who led the Theodore Young Community Center, passed.  Former Deputy Commissioner Andre Early appointed as new commissioner.  Steve Fraietta appointed as Building Inspector after John Lucido retired.

Congratulations.

47. Town Board approves creation of a Beautification Committee for East Hartsdale Avenue.

The Beautification Committee is not a paid position(s) and may result in a positive impact to the area.

48. Town Board appoints additional members to the newly formed Human Rights Committee.

There is a redundancy here that simply doesn’t need to exist since there are County, State and Federal Human Rights Commissions already. This is a politically calculated move only.

49. Greenburgh Police Department holds our first annual successful National Night Out at Town Hall, a wonderful police-community event.

Congratulations.

50. Board approves resolution against SPECTRA AIM pipeline 105 feet from Indian point Nuclear Facility.

This is a useless and empty political effort that will bear nothing for the Town. 

51. Town obtains $225,000 grant from the New NY Bridge Community Benefits Program and used it to purchase a new rescue vehicle.

What is this new rescue vehicle replacing? If it’s not replacing a vehicle, it means there is an added cost to stock, equip and maintain it. How is all of that being paid for?

52. Town received a $55,000 grant from the New York State Division of Criminal Justice Services for a new SWAT vehicle that was purchased.

Mr Feiner is being disingenuous by claiming the area fire districts are over-taxing residents and wasting their money, while he is not. The County Police maintain a SWAT team that the Town could use at no cost to them when needed. And, the County also maintains a Hazardous Materials Response Team and a Technical Rescue Response Team that also costs nothing to utilize – yet the Town pays for this duplication of services and Mr Feiner condones it by allowing this overtime generator to continue.

53. Town received a grant of $15,880 from the Department of Justice, Office on Violence Against Women, to train our officers in the specialized area of Elder Abuse.

This seems like a good thing. 

54. Greenburgh Housing Authority plans to build affordable 62+ senior housing on Manhattan Avenue that will have no impact on local school district. 

The reality is that the Greenburgh Housing Authority's plans to build affordable senior housing is simply to replace it. So, unlike the artfully worded sentence, this is not an addition in housing units.

55. Hartsdale Parking District created pay stations at two sites, a convenience for motorists.  The district is looking at alternative ways for users to pay metered parking rates.  (Some parking authorities let people pay by phone.)  District is independent of town government.

First, why comment on something that is independent of the Town? Second, having the pay stations requires less maintenance and labor to collect money from separate meters.

56. Greenburgh Nature Center became the first nature center in Westchester to achieve the green best business practices certification. The Nature Center worked in partnership with the Edgemont School Foundation and Moses Feldman Family Foundation to implement a materials management/recycling/food waste composting program at the school district’s three campuses. The Nature Center, with the support from the St. Faith’s Foundation, delivered over 150 programs to students at R.J. Bailey.  And sponsored an indoor exhibit (with support from Con Ed) “A Forest’s Life” to highlight the importance of forests for maintaining the health of our environment.

The Greenburgh Nature Center is an independent organization that rents the space from the Town and is merely a tenant. What they do and the programs they run is up to them and not controlled by Mr Feiner.

57. The Greenburgh Nature Center - with the generous support of Cathy Capasso and Steve Sprague, constructed a Native American longhouse and wigwam, to support a new and exciting education platform, The Native American Experience.

See #56.

58. The Nature Center continued the development of our Native Plant Meadow and completed construction of a uniquely designed Butterfly Arbor, which sets the natural stage for our yearly Butterfly Exhibit.

 See #56.

59. One of the most successful Summer Jazz Series to date sponsored by the Department of Community Resources named for William L. Carter featuring Grammy award winning and local artists that entertained record attending music enthusiasts.

 These were good and honoring Bill Carter was as well.

Counterpoint To Year In Review, Part 1

Each year Mr Feiner sends out his list of “accomplishments”. Since Mr Feiner has a difficult time with facts and truthfulness (he was convicted for lying under oath) ABG posts the other side of those same “accomplishments”. Our responses are in blue.

1. Finally, after years of controversy, the Frank’s nursery property that the town acquired via foreclosure is being sold to a developer—with community support!  A 101 unit 115 bed assisted living facility will be built at the site on Dobbs Ferry Road.  The developer agreed to offer ten affordable units to Greenburgh residents at a 20% discount!  Assisted living facilities are expensive.  We are pleased some units will be more affordable.

After years of controversy indeed! The controversy was created by Mr Feiner and his Board when they attempted to violate County and State law by gifting the property to his friends from GameOn 365 for much less money than it was worth instead of selling it as required by law! The surrounding neighborhoods were incensed, organized and fought this injustice. By law, a municipality cannot be a landlord and must sell any properties they receive through foreclosure. Convicted of discrimination, lying under oath, destroying evidence and more in the Fortress Bible Discrimination Lawsuit, Mr Feiner is no stranger to violating the law.

2. We installed solar panels at Town Hall and expect to save $622,000 over a 30 year period.

What he doesn’t state is why the payback will take so long and how he came up with that number? Like most of his numbers, he always overpromises and under-performs.

3. We dedicated a beautiful new park at DeSanti Plaza on East Hartsdale Ave in honor of our veterans.  A great enhancement –a terrific first impression of Greenburgh & Hartsdale.  150 half hour interviews with veterans can be viewed on demand by accessing www.greenburghpublicaccess.com.

Beauty is in the eye of the holder. Most who have seen this “park” have compared its stone monument to an unattractive tombstone and claimed it is not a monument.

4. Installation of 103 additional ADA-compliant curb ramps around the Town, making sidewalks more accessible.

Had these not been required by law, we're sure these would not have been installed.

5. More sidewalks are being built around town: Seely Place (almost done) in Edgemont, Fort Hill Road (work started), Sprain Road (work started), Benedict Ave. (work to start soon).

Much more funding exists for sidewalks that could be built throughout the Town. Unfortunately, Mr Feiner has only finally applied for some of this money because of the Edgemont threat of incorporation and has to at least appear concerned about that community. Should Edgemont incorporate, a major portion of the Town tax revenue would disappear. Given the high costs to taxpayers of Mr Feiner's lawsuits during his 24-year tenure, the Town needs all the income we can get!

6. Town Board complies with tax cap in approving 2017 budget.  The Town Board has complied with the tax cap every year since the cap was implemented.

While technically correct, the NYS 2% Tax Cap is exempt from many aspects of the budget and is not truly a 2% cap. Regardless, the Town Board can go beyond or exceed the tax cap by a majority vote at a Town Board meeting without having their feet held to the fire.

7. We obtained CDBG funding for a sidewalk on Secor Road near the Greenburgh Housing Authority development.  Pushing for private funding for a sidewalk near the Community College on Knollwood Road and Grasslands Road.  Applied for grants to build more sidewalks on Central Avenue.

 All good. Why did it take so long to start applying for these grant monies? See #5.

8.  From April 2016 through November 2016 the Town paved approximately 12.46 miles of Town Roadway.

Paving our streets is but one of the functions of government and we should be seeing all of our streets repaved as part of an infrastructure planning schedule.

9.  Received the Automobile Club of the Northeast’s highest award - one given to only four communities in the northeast for our proactive efforts promoting pedestrian safety: digital radar speed signs, using message boards, more enforcement, promoting motorcycle safety, analyzing traffic locations that need safety improvements.  We are organizing a new effort - encouraging pedestrians to wear bright clothing in the evening.  Have been distributing free reflector arm bands so motorists can see pedestrians walking.

Should we be rated for spending money on signs advertising a lack of police presence or should we have more police on patrol? Of course, we want to see more officers on the road addressing speeding, inappropriate vehicles driving through our residential neighborhoods, illegal housing and controlling our safety through enforcement. The police department's new traffic control officer is not addressing speeding on many of the streets known to host speeding. This needs to change as residential speeders know there is no longer any enforcement and no consequence for breaking the law. Wearing wristbands and bright clothing are smart, time-proven ideas. So are sidewalks and the safety they provide by getting pedestrians off of our dangerous streets.

10. Our first annual new residents’ reception and pool party at the Theodore Young Community Center resulted in an opportunity to highlight some outstanding programs and resulted in new enrollments.

The new residents’ reception is a good idea but the rest is nothing but blatant and shameful campaigning.

11. Moody's and Standard & Poor's both reaffirming town's Aaa and AAA bond rating --the highest rating a government can receive. Our bond ratings have gone up a few times during my administration and results in six figure savings when we borrow.  We have continuously received the highest ratings since 2008.  Moody’s based their ratings on our “sound financial position with strong fiscal management, low debt profile, and manageable pension liability.”

What this really means is Mr Feiner has no problem dipping into taxpayer pocketbooks whenever he has been found guilty and needs to pay a fine. Moody's gives him that bravado.

12. Progress with county on WestHELP to convert WestHELP into 54 affordable 62+ senior housing units.

Mr Feiner was the one who did not renew the contract with the County for WestHelp which provided $1.2 million a year to the Town He is the one who instructed Town employees to leave the facility open furthering its ruination so he could use the property for political leverage and try to tear it down and “hawk” it as the future site of a handicapped facility for a school in Yonkers looking for a new location. Not only did that plan fall through for legal reasons, but as Mr Feiner continued to be in violation of the contractual terms in place, the County has decided to take back control of the property, losing $1.2 million a year in revenue!

13. Building Department initiated plans to demolish an abandoned hazardous home on Teramar Way and is inspecting other abandoned properties.

This goes back numerous years. Why does the Town continue to ignore their fiduciary responsibilities as well as the safety side by ignoring their responsibility to the taxpayers?

14. Comprehensive plan approved---first in town history.  Will include more town-school partnerships in land use reviews.

This is not the Town’s first Comprehensive Plan. Regardless, the Comprehensive Plan could have been a document that truly created a vision for the Town’s future. Instead, the majority of the Steering Committee chose to make a political statement with it and squandered a tremendous opportunity for the future of our Town. Instead, it perpetuates the zoning quagmire that Mr Feiner relies on to do his spot-zoning.

15. Regeneron plans a 1,016,190 sq. ft. expansion-- nine new research and development buildings, consistent with the Town’s Comprehensive Plan.  Greenburgh is becoming the center of biotechnology in New York State.  Expansion will generate jobs and significant revenue for the town.  TIME MAGAZINE named Tarrytown/Greenburgh bio tech corridor as the "40TH MOST GENIUS PLACE IN AMERICA."

While Regeneron will generate jobs, Mr Feiner and his Board ignore the fact that a lot of the property in the Greenburgh side will be 9 buildings and 5 parking structures of impervious space, adding to the flooding downstream in Elmsford and the 9A corridor. Time magazine, no longer a substantive periodical, can call it whatever it likes. It just doesn't mean it’s true.

16. Greenburgh and 19 other localities in Westchester signed an agreement to purchase electric power in bulk fromWestchesterpower.org.  During the first six months every ratepayer saved some $$ money!

There were several problems with this deal made by Mr Feiner without taxpayer input. First, he took it upon himself to enroll every taxpayer of the Town into this program – without their permission! Second, he continually stated that taxpayers would save between $400 to $600 a year. Actual math, obviously not Mr Feiner's favorite subject, has shown that most taxpayers have only saved about $30 at most while he claims “every ratepayer saved some $$ money”. Third, the original deal promised by Mr Feiner was for electricity and gas. When the final deal was made, it was only for electricity transmission! Finally, he made this deal with Westchesterpower.org, a paper company of investment lawyers creating a template with Greenburgh so they could roll-out their program nationwide. This startup, not for profit will change to a for-profit company once their experiment in Greenburgh is completed.

17. Town turned over land previously used by Pets Alive over to Paws Crossed – a no kill animal shelter – which opened up last summer.

The Town's Building Department condemned the facility, stating it was too dangerous to occupy. Then, after much publicity, which ABG believes was the entire purpose of this; the building was miraculously habitable once again.

18. Judge signs order turning over to town 60 properties that haven't paid taxes.  In 2013 over 370 parcels representing $19.9 million in delinquent taxes was on the books.  We reduced the amount of delinquent taxes by almost $13 million.

The Council of Greenburgh Civic Associations has been urging the Town leaders for years to initiate foreclosure proceedings against delinquent taxpayers. Finally, we are seeing some action. What has been done with the 60 properties since the Town took possession? Until disposed of, they will continue to receive Town services - garbage pickup etc., costing the taxpayers thousands, if not hundreds of thousands of dollars.

19. Governor signed into law legislation approved by NY State Legislature authorizing the town to phase in assessment increases for tax purposes for property taxpayers whose assessments increased by more than 25% as a result of reassessment.  This new law, which Greenburgh was the first to adopt in NYS, will ease the impacts of reassessment for about 1000 households.  Most of the villages are in the process of adopting the town's tax rolls, reducing duplication (previously they had their own assessor).  This is the first reassessment in over 60 years.

It is the first reassessment in over 60 years. The last 24 of them were during Mr Feiner’s tenure. We’d like to know why he waited so long? Had he done the revaluation sooner, the lopsidedness of increases and even decreases would not have been so severe. Plus, the people who were overpaying are being further penalized while Mr Feiner tries to appease those who got clobbered by his 24-years of inaction by making them wait even longer to get their over-taxation corrected.

20. Created a new committee to help recent college graduates who can't find work find employment.

It is sad that there are no employment agencies located in our area. It’s also sad that after spending a ton of money for schooling that these colleges don’t offer any kind of placement assistance. Oh wait, they do and there are employment agencies in the area. If you have a degree in a viable subject and are flexible, you will probably find a job – with or without Mr Feiner’s assistance.




21. Southern Westchester BOCES agreed to help the town restore the 911 wall (1600 murals on Central Avenue).  They are providing the town with recommendations.

Too bad the job wasn't done correctly the first time or the second time by the professionals Mr Feiner swore would fix this. This is another example of Mr Feiner going to non-paid interns for solutions when he has none. It also allows him beau coup publicity campaigning to tout the wonderful work they are doing, regardless of how successful they are.

22. Created a new committee to promote motorcycle safety.

This seems like something the Police Department should be doing, not Town Hall.

23. Treated Crane's pond and it worked--not a lot of algae.  We installed a second water fountain.

The same answer as it relates to Edgemont in #5 applies here.






24. Added new pavilion at Anthony Veteran Park.

There may be a need for more shaded areas there.

25. The former Greenburgh Health Center on Route 119 will be demolished.  Construction of a new 15,000 sq. ft. retail building with related site improvements/landscaping to take place.  Building will be occupied by Harbor Freight Tools.  Joyce Leslie building at 250 Tarrytown Road undergoing enhancements.

While we welcome Harbor Freight coming into Greenburgh, the Town has made starting and opening a business so costly with regulations and fees that small retail businesses are few and far between. It's why we are only seeing big box and chain stores come to Town. And yet, we still hear the administration saying they’re business friendly.

26. Installed new spray pad at Massaro Park in North Elmsford.

This is a minor park improvement, however the security cameras Mr Feiner repeatedly promised and postured about to the civic association there have never materialized.

27. William L. Carter Foundation gave 4 scholarships to worthy students...offered student musicians a free summer jazz clinic...started a mentoring program and took young people to Madison Square Garden.

Kudos to the William L. Carter Foundation.

28. Enrollment in Greenburgh Central has gone up due to improved reputation of the school district.

The enrollment, whether increasing or not, is not quantifiable as no breakdowns were provided. Enrollments in area private and parochial schools are also up.

29. Westchester County Parks Foundation implementing a suggestion I made last year to organize a graffiti busters initiative.
While anyone can make suggestions to anyone else, we'd prefer Mr Feiner work on cleaning up the graffiti throughout our Town. 


30. Controversial Jefferson application near the Village of Ardsley was withdrawn.  Residents were very concerned about the impact the proposed 272 rental apartment complex would have had on the local school district and traffic.

This is misleading as it was the Ardsley residents who organized the protest that they took to the Town Board after proposals were made that caused it to be withdrawn. In fact, in an unprecedented move, the Ardsley Mayor and several trustees spoke against 
the project along with the Ardsley residents. Mr Feiner and Ms Juettner were against the project because it was in their backyard. Can you say NIMBY?


Brownfield Application 5 Years Overdue

In the latest daily press release by Mr Feiner, he states that his Town Board has, "authorized the submission of an application to the New York State Department of Environmental Conservation to clean up contamination found at Frank's Nursery on Dobbs Ferry Road." What does this mean to the overburdened Greenburgh taxpayer, the auctioneer of the property, the Town, and whomever the purchaser winds up being? Quite a bit actually.

Mr Feiner also claims, "We are also  making good progress regarding our efforts to sell Frank's nursery to an assisted living facility (the property is currently zoned for that purpose) but all the details have not been finalized as of yet." That's because NO details have been finalized. As Mr Feiner continually used the former Frank's Nursery property as a political football and media bonanza, it appears that he never had any intention of selling the property to anyone. By not selling the property, it allowed him unfettered access to the media for self-bloviation as well as self-publicity. The irony is that he needs to do neither, what with his own website, the Town website, the Town's energy website and the Daily Voice's website. Ever the political huckster, he remains fervent in his self-promotion without actually accomplishing anything (other than said self-promotion).

The gist of the Brownfield Application is italicized below:

Brownfield Cleanup Program Public Notice

The New York State Department of Environmental Conservation (DEC) has received a Brownfield Cleanup Program (BCP) application from the Town of Greenburgh for a site known as Frank’s Nursery, site ID #C360151. This site is located in the Town of Greenburgh, within the County of Westchester, and is located at 715 Dobbs Ferry Road.

Comments regarding this application must be submitted no later than September 25, 2015. The application can be reviewed at: Greenburgh Public Library, 300 Tarrytown Road, Elmsford, NY 10523; 914-721-8200.

Information regarding the site, the application, and how to submit comments can be found at http://www.dec.ny.gov/chemical/60058.html or send comments to the Project Manager, James Candiloro, NYSDEC, Division of Environmental Remediation–Bureau C, 625 Broadway-11th Floor, Albany, NY 12233-7014; james.candiloro@dec.ny.gov; or call 518-402-9662.

The difficulty with this application is that it is just that, an application only. It does not ensure the Town will receive any monies to apply toward remediation of the former Frank's Nursery site. Nor does it mean there might even be some relief for the beleaguered Greenburgh taxpayer. If any money is acquired, and is applied toward remediation of the site, only that amount will benefit the taxpayer. All other costs will be assumed by the Unincorporated taxpayers!

What Mr Feiner has not said, which typifies his email publicity campaigns, is that he and the Town should have applied for the Brownfield grants when they originally acquired the property through foreclosure in February 2011. At that time, there were many more residents and more importantly, Town employees who knew about the arrangement with the D'Agostino property being used as an urban renewal demolition dump by the City of White Plains! What he didn't say, is that the Town could be approaching the City of White Plains for aid with the property's cleanup. What he didn't say was what will happen if the application is denied.

At one point several years ago, Mr Feiner attempted to initiate an illegal lease with GameOn 365 for the property for 15 years. You'll recall that GameOn 365 are the friends of Mr Feiner that he bent over backwards trying to gift the property to at an undervalued price. Fortunately, many in the Town objected and the deal was killed only after Mr Feiner was threatened with legal action. Municipalities cannot be landlords nor can they lease property acquired through foreclosure. They are required by New York State and Westchester County law to sell any and all such property. You all know that Mr Feiner routinely ignores any law he doesn't like, knowing that no one will go after him.

In the end, ABG hopes the Town gets the long overdue Brownfield funding. Even the Town's auctioneer informed the Town that no one would bid on the property because of its contamination and the costs associated with cleanup. Sadly, Mr Feiner thumbed his nose at a $3.5 million dollar cash and all remediation/cleanup expenses offer because it would have taken the property from his friends at GameOn 365. We continue to wonder why he would do this? It was also about the same time he and his Town Board began parroting the phrase "doing their due diligence". Later, it was "faith in the process" and then they included "fiduciary responsibility" among others. And whenever possible, they utilized the expressions as conjunctives, trying to get more bang for their buck. What they really wound up exposing according to many is their lack of transparency and collusion with a would-be developer.

It's time for this administration to do the right thing - sort of a foreign concept in this Town. We have a lot of great employees in the Town of Greenburgh. Yet, it seems not from the elective process. Knowing how to scam the voters this well has taken over 22-years worth of effort. Alas, it has paid off, making Mr Feiner a millionaire and then some, through his salary alone. It's time for the electorate to pay attention and stop these shenanigans. Only then will we get A Better Greenburgh.

Opposition to Zoning Change Increases

On Wednesday, June 17, 2015, Hartsdale Park Association (hartsdalepark@yahoo.com) sent a letter to its membership regarding the important zoning change the Town Board is considering to benefit GameOn 365, a for-profit commercial entity. It details many of the aspects this decision will have as it will negatively impact the entire Town, not just the Dobbs Ferry corridor.

Dear Hartsdale Park Residents:
Much of the discussion in the case of Game-On's request for special rezoning seems to be focused on the Game-On use of the Vizioli property, the former golf driving range. That is only part of the proposal before the Town Board. Their proposal is to insert a commercial use ( indoor/outdoor recreation center) into a residentially zoned area by special permit. Its impact goes far beyond the Vizioli property.

The amendment to the Zoning Ordinance proposed by David Steinmetz, attorney for Game-On, requires the Town Board to grant a special permit if the applicant meets certain conditions. There is no discretion involved. If the applicant meets all of the conditions spelled out in the code, the permit becomes a right.

The problem is once you allow any commercial entity in a residential zone, there is nothingto stop that use from being expanded OR for it to happen anywhere else in Greenburgh! This is a VERY dangerous precedent to set.

Suppose Game-On receives approval and builds a 107,000 sq.ft. building, then is sold or goes out of business. The community would have a huge empty building with 300 parking spaces and other infrastructure (roads, water, sewer, etc.) in place. Any number of fairly low-traffic-impact businesses might want to locate there, and depending on the financial standing of the Town, such commercial use might be encouraged. Also, there is nothing to stop other commercial uses from seeking entry into OTHER residential districts. If the Town does it once, other commercial uses will seek approval.

Paul Feiner argues that Dobbs Ferry Road is already a recreational and/or commercial corridor - Frank's, East Rumbrook Park, Carlson's Nursery, Elmwood Country Club, Elmwood Day Camp, Fairview Fire House. All of the uses cited (other than Frank's Nursery) -- parks, farms, membership clubs, camps, firehouses -- are allowed in one-family residence districts as permitted uses or by special permit. They are listed as the residential and related uses Zoning Ordinance. Fully enclosed commercial recreational facilities are differentiated and listed as "commercial.”

The focus of our opposition must be on not introducing any kind of commercial use into residentially zoned districts. Once they get a toe in the door, there is no going back!
Some may argue that we already have done this when assisted living facilities were introduced into residential zones. However, "health care facilities” have been Special Permit uses for more than two decades and these are residential uses. The principal change in recent years was to allow them on lots of four acres instead of requiring ten acres.

Creating a new zone is a discretionary act by the Town Board. If the Board chooses not to entertain a requested rezone, there is nothing an applicant can do. In other words, the Town cannot be sued in court.
The proposed change is not only about the Vizioli property. It affects all properties zoned R-30 that are greater than 20 acres on a state road. Thus, the Elmwood Country Club Property across from the Vizioli properly on Dobbs Ferry Road and the Knollwood Country Club property on Knollwood Road would also be able to request special permits if the code amendment is approved. Furthermore, if this code amendment is approved by the Town Board properties that are not 20 acres or are not located on a state road could seek variances from those provisions. Sunningdale Country Club on Underhill Road is a good example, though it is more than 20 acres in size. As an example, Mr. Steinmetz was successful in getting a code change to permit assisted living facilities (Brightview) on properties of four acres or more located within 200 feet of a state road.

I attended and spoke at the April 8, 2015 Town Council meeting. I was present for the entire meeting, which lasted for over 3 hours. During the public comment portion the ONLY people to speak IN FAVOR of Game-On were soccer coaches from Tarrytown!

As President of your Hartsdale Park Civic Association I am urging you to contact Supervisor Feiner and the Town Council Members immediately if you object to Game-On’s request for this “special consideration.”

Game-On is welcome to come to Greenburgh, BUT NOT on Dobbs Ferry Road. There are many other sites, including several in Tarrytown, already zoned for commercial use where this type of facility is more appropriate. We say, “Game-On please GO THERE!”

Here are the Town Officials’ email addresses for your convenience:
Supervisor Paul Feiner - pfeiner@greenburghny.com
Town Council Members: 
Kevin Morgan - kmorgan@greenburghny.com, 
Ken Jones - kjones@greenburghny.com, 
Francis Sheehan - fsheehan@greenburghny.com, 
Diana Juettner - djuettner@greenburghny.com

This is an extremely important matter to all of us. Your support is needed and much appreciated.

Yours sincerely,
Celia P. Novo, President
Hartsdale Park Civic Association

A Letter To The Planning Board

Former Justice and Attorney Herb Rosenberg recently sent a letter to the Planning Board and its members discussing why the Zoning Change proposal, veiled as the "GameOn 365 proposal" on the Visioli's Golf Driving Range property, is wrong for the Town, our residents, unfairly represented, and in our view, seemingly a done-deal. ABG believes it is a done-deal for several reasons. A) Mr Feiner has continually stumped for GameOn 365 amidst a 5-year public outcry against the proposal. B) Mr Feiner has attempted to violate the law to help these outsiders and ignore and disrespect the residents throughout the Town. C) Mr Feiner has adopted and used often his newest catch phrase, which is that people should have, "confidence in the process" (they don't); and finally, we believe Mr Feiner instructed Messrs. Morgan and Jones to tow his line or be "Sonya'd". Councilpersons Juettner and Sheehan are against the proposal for numerous reasons which we'll get into in another article. 

Here is Justice Rosenberg's unedited letter:

6/4/2015 12:14:15 P.M. Eastern Daylight Time
Subj: Game On/Planning Board

To the Planning Board

My name is Herbert Rosenberg. I am retired lawyer and a former judge. I am a stranger to you all except to Fran McLaughlin, who I have met before and we have had some limited contact. You may recall an Op-Ed article that I wrote that was published in the Scarsdale Inquirer on April 17, with the title A GameOn 365's plans set a dangerous precedent in town of Greenburgh, (the title was written by the editor, not by me, though I agree with it).

I attended last evening's Planning Board meeting because I am interested in the Game On matter. Please don't take this personally, but I was quite astonished and disappointed at what I saw. This long letter will explain why.

Let me put aside the question of whether there should or should not have been a pre-submission conference on the Game On application. What I am saying is that what took place was the wrong discussion. The application is for a zoning change to Code section 285-11 that cuts across all of unincorporated Greenburgh, yet the proposed zoning change was not discussed at all. What is not before you is the approval of the Game On project (which would be a site plan approval) and such an approval can be considered only if and after a zoning change is adopted, yet the Game On project was the only thing that was discussed.
 
This is what happened.

1. Mr. Steinmetz and his colleagues presented an extensive and detailed description of the proposed Game On business. It took more than one hour. As one would have expected, he painted a glowing picture, with much overstatement of what will actually happen there, some attractive photos of the site and films of traffic movements that were quite unreal, and with no mention of the weaknesses and problems that will occur at the site and affect the neighboring communities. He even made an incorrect statement on an important point. One Planning Board member asked whether Game On had considered another location, and Mr. Steinmetz answered that there is no other available site in Greenburgh. That is not true. Landmark at Eastview has made it plain that they would like to have a recreational facility such as a sports facility at its site, and Landmark is in Greenburgh. Mr. Steinmetz spent about fifteen seconds on the subject of the zoning change, making the short statement that if the zoning application is adopted, it will also include the Elmwood Country Club and the Knollwood Country Club.
 
2. Several members of the Planning Board asked some questions about the project, how could it be made better for local kids and seniors, whether another site had been considered, etc. Not a single question was asked about the zoning change and its consequences and effect upon the rest of unincorporated Greenburgh.
 
3. At the end one community resident was given a very short time to speak -- not at all sufficient to discuss the issues involved.

But there is an overriding question, and that has to be addressed and answered before the Game On project can be considered. That overriding question is whether there should be a zoning change that would permit commercial uses on all R-30 residential districts that fit the specifications -- not less than 20 acres, with 400 feet frontage, on a state road. It is the overriding question because the proposed zoning change is not limited to the Dobbs Ferry Road site, but applies to many other areas of unincorporated Greenburgh. And it is the overriding question because the Planning Board has to first conclude that such an unincorporated area-wide zoning change is desirable for the Town before it can consider whether the Game On project is a good one. Indeed, even if the Game On proposed project were not controversial, the question of whether to change a zoning change that applies to all R-30 zones in unincorporated Greenburgh would have to be considered.
 
What surprised me last evening was that no member of the Planning Board asked any question about this zoning change. All the questions were about the Game On project. I commend Mr. Steinmetz for his skill in focusing complete attention on the project to the exclusion of the zoning change issue. His presentation was so well done that to the listeners in the audience it seemed that the Planning Board was unaware of the fact that this hearing involved an unincorporated area-wide zoning change rather than a site plan review of the Game On project. Had Mr. Steinmetz and his colleagues not taken up almost all the available time, and had some members of the group opposing the zoning change been permitted to speak, the zoning change would have been introduced and discussed, to the benefit of the Planning Board.

Mr. Steinmetz asked you for an indication of how the Planning Board was leaning. He said, or indicated, that if the Planning Board is negative, then he and his client would not waste the large sum of money incurred in doing all the environmental and related work. (Similarly, the Town would be spared the significant expenses that are involved in continuing the exploration of this zoning change.) I think that it is fair to say that the comments of the Planning Board members strongly communicated to the listeners that with few tweaks the Game On project will be approved, almost as though there was no zoning issue at all. By the Planning Board not even discussing the proposed zoning change Mr. Steinmetz is entitled to presume that zoning will not be an issue or a deterrent, and so both Mr. Steinmetz and his client will incur heavy costs proceeding with the effort, and so will the Town.

Is that really the message that the Planning Board wants to convey? Have you already concluded that the zoning change will not be an issue and does not need to be discussed? Have you concluded that other R-30 zones will not be subject to the possibility, perhaps likelihood, of commercial uses? That other R-30 districts, and R-40 districts, will not be added to the list of eligible sites for commercial use by variances regarding size and other business uses? Mr. Steinmetz mentioned the Elmwood and Knollwood Country Clubs, but he gave more away -- in a letter to the Town Board dated May 21, 2015, relating to abutter petitions, he raised the possibility that Ato the extent that parcels can be assembled in the R-30 District that satisfy the locational criteria of the draft Zoning Text..."a such assembled parcels would be free to introduce commercial uses under the zoning change." Mr. Steinmetz knows, but he is not telling you, that the possibility of commercial uses being introduced to R-30 one-family districts goes far beyond Elmwood and Knollwood Country Clubs. Real estate developers are not shy or timid.

If you have already concluded that the zoning change will not be an issue that has to be addressed and considered then what you did last evening was alright. I don't think that you have reached that conclusion, but in all fairness you have given that impression. If Game On believes that you have reached that conclusion, as they have good reason to assume, then you have to correct that assumption. You need to do it so that Game On, and also the Town, do not incur the large expenses that are inherent in the application.
 
I suggest that the way to do it is to notify Game On that at the next meeting of the Planning Board you would like them to attend and discuss the zoning issue, and that you permit some comments by persons who are knowledgeable and who oppose the zoning change. I believe that this is the only way now to be fair to all the parties who have an interest, and also to the Town of Greenburgh.
 
I should add that the change of zoning, unlike the Game On project, involves policy and not facts. Hence, if you decide not to change the zoning, you can make that decision without hearings, studies, etc. It is what courts call a question of law, not a question of facts, and thus needs no hearings. It enables you to conclude, if you wish, the matter without having to consider the Game On project -- unless, of course, Game On decides to build its project elsewhere in Greenburgh, as it can if it chooses to do so.

Sincerely,
Herbert Rosenberg

Right On Track For The “Gift-Away”

It was a convoluted plan. The players agreed to the time span. They may have been coached as to what to say and do. They were also told that this would take time. Like every plan Mr Feiner hatches, he is rarely, if ever, stopped. We blame that mostly on the willfully ignorant electorate. We’ve written about them before. They are what we call OIMBY’s, only becoming involved when something crops up in their neighborhood, or Only In My Back Yard.

The Town acquired the former Frank’s Nursery property through foreclose at 715 Dobbs Ferry Road. As required by County and State law, any municipality that acquires property through foreclosure must sell it. Except in Greenburgh. Why the exception? If Mr Feiner doesn’t like a law, he simply ignores it. Knowing he was required to sell, Mr Feiner could have just done a private sale with his friends from GameOn 365 and be done with it. But that would have cost GameOn 365 much more money than was agreed upon. So he offered to illegally lease the property to them. This illegal charade was uncovered and Mr Feiner had his hands caught in the proverbial cookie jar, he put the lease up for referendum in the last election.

We can imagine the Town Board going into Executive Session high-five-ing Paul with his strategic genius. It’s easy to see him as a genius when you are not. GameOn 365 then populated the Town with less than forthright yard signs, promising amounts of money to the Town that were simply fictitious. The referendum passed, giving Mr Feiner the fodder he needed to push his illegal deal. But still, he was unable to proceed. The Town never got the title for the property due to a bank lien. That’s why Mr Feiner went the route of an illegal lease!

The G10 pointed out that the property had contaminants on and in it and insisted the property be remediated before anything be done with it. In fact, the G10 pointed out that the Town had wanted to utilize the property as a temporary library while the award winning, wasted space, ski-jump was being built. There was an uproar then that the property was contaminated and could not be used. Think of the children - the horror, the horror. The same thing was said when it was suggested that the Town police station and courts could be located there. Again, the Town did nothing. They didn’t remediate the property nor did they relocate the police department, the library or courts there.

The G10 Town activists who attend Town and other Board’s meetings and community neighborhood meetings, challenged Mr Feiner and his complacent Board at multiple meetings, ultimately threatening another lawsuit to stop him. Undaunted, Mr Feiner forged on. That is, until the date of a court appearance was upon us and he finally acquiesced. But he now had the attention of the media and that was his goal all along. There were periodic deflections along the way, but his grand plan to gift the former Frank’s Nursery property to GameOn 365 was on track.

Once Mr Feiner threatened to take bids on the property, Elm Street Sports, owners/operators of the House of Sports in Ardsley surprised everyone when they offered almost twice the amount of money in cash ($3.5M) for the property than GameOn 365 ($1.8M). Plus, Elm Street Sports promised to assume full remediation of the property. Mr Feiner began a smear campaign that Elm Street Sports’ offer was not genuine. Say it enough times and it will become the truth. Eventually, the complicit media began purporting what Mr Feiner had been saying, helping his smear campaign against Elm Street Sports.

After being pushed and prodded by the G10, neighborhood civic associations and residents, Mr Feiner announced there would be an auction for the property “as is”, meaning any remediation needed would be paid for by the purchaser. After numerous excuses, delays and postponements, the auction is off again. Our original contention was that an auction would force Mr Feiner to forfeit the ability to control who is awarded the property. Since he had promised GameOn 365 the property back in about 2010 (maybe earlier), he is doing what he can to thwart the sale by normal means.

After hiring Harold Bordwin of GA Keen Realty, the Town’s chosen auctioneer for the property, he informed the Town that prospective bidders were reluctant to bid on the property because of the contamination and the lack of extent, effort and money that would be required to remediate it were they to purchase the property. Residents, G10 and assorted stakeholders all insisted the Town remediate the property to make it whole before trying to do anything with it. Mr Feiner and the Town Board ignored those suggestions.

It has been our contention that this was all part of Mr Feiner’s grand scheme after concerned residents derailed his illegal lease. We envision his new scheme to be the rope-a-dope he is currently doing. He offered the property for lease and was shot down. Then he tried to sell it directly to GameOn 365 and Elm Street Sports loused up that deal. Then he said it would be auctioned off and all types of stipulations, caveats and conditions were embedded in the deal and it waned. Then we believe Mr Feiner told GameOn 365 to go to the press and say they have an “option to purchase” the tax-evading Visioli’s Golf Range. It’s not really a sale, just publicizing that there could be one. Purely semantics. During all of this, Mr Feiner kept insisting that the property would be sold “as is” and adhere to the current zoning that’s in place, per the request of the area civic associations.

During all of this, GameOn 365 began canvassing the neighborhoods to garner favorable support from residents and they’ve started doing it again as of last week. They began donating money to different events to make it appear that they are community oriented and involved. For a paper company, they were doing just as we believed Mr Feiner might have told them to do. Mr Feiner on the other hand, continued to say many people/businesses have expressed interest in purchasing the property. But, as usual, he wouldn't divulge who – a typical ploy he uses so often that many no longer believe what he says is true.

The latest ploy by Mr Feiner is to play up the fact that interested parties whom might be interested in purchasing it won’t because of the remediation required and the lack of information provided. Eventually, he will drag this out until the playing field (pun intended) is down to two and maybe even just one player, Elm Street Sports and/or GameOn 365. OR, he will say there is no interest and GameOn 365 will take the contaminated property off of the Town's hands, paying taxes, offering jobs, etc., pave it, effectively sealing the contamination from the public and have done the residents and Town a great favor. And, like WestHelp, the lesser amount of money we now make will be someone else’s fault, not his. In the end, this has only been about making sure GameOn 365 gets the former Frank’s Nursery property. It’s time for this kind of thing to end. Only then will we get A Better Greenburgh.