PETITION to Keep Greenburgh Green and Residential

PETITION to Keep Greenburgh Green and Residential

Unincorporated Greenburgh officials are currently considering an application by a developer to build senior housing pursuant to a zoning technique known as a Floating Zone. In essence, this allows commercial buildings in residential areas, as well as density bonuses to maximize developers’ profits. Adoption of Floating Zone legislation would be the most significant change to our Zoning Ordinance in decades. The impacts on the integrity of our neighborhoods and the overall character of our community, including the environment, traffic, demographics, and schools have not been considered adequately. 

Residents, not developers, should decide the future of our Town. To achieve this goal, we the undersigned residents of Unincorporated Greenburgh ask the Town Board to take the following steps: 

1) Reject the concept of Floating Zones and immediately adopt a moratorium on accepting applications for developments pursuant to Floating Zones, including but not limited to housing for seniors, solar farms and self-storage facilities. 

2) Appoint a Land Use Committee consisting of residents who will study how to implement the goals and policies of the Comprehensive Plan that pertain to providing adequate housing for the Town’s senior population. The Committee should determine the need and recommend appropriate locations and criteria for such facilities. 

3) Refrain from considering any changes to the Zoning Ordinance until the above issues have been thoroughly studied, the Land Use Committee has issued its report, and the public has had an opportunity to weigh in on the matter. 

We want the Town to follow the 2016 Comprehensive Plan: protect our residential and green spaces, encourage community-friendly commercial development in areas already designated for such use. 

Dora T. Ashley 

Carol Allen 

Elaine Taylor-Gordon 

Christopher Henry 

Aparna Rao 

Please join us and sign the petition online: https://www.change.org/Keep_Greenburgh_Green_and_Residential

Sign the Petition

Keep Greenburgh Green and Residential

CHANGE.ORG

Senior Housing and the Comprehensive Plan

Here’s something we don’t hear about every day, or ever see happening in Greenburgh. The City of Rye has elected to change zoning for a commercial property into residential in the hopes of repurposing vacant or unused office space in their community. Specifically, construction is slated to start on a 122-unit senior home in a former office building at 120 Old Post Road after the city's Planning Commission completes a site plan review. According to Republican Rye City Councilman Richard Mecca, “…there’s a market for this kind of property.”

The kind of property he’s discussing is the construction of a 122-unit senior housing facility that would provide luxury residential housing for seniors. The office building in question has been unoccupied since 2009. Once completed, the over-55 residents would be able to choose from one and two bedroom apartments. The current building would be razed and a new 245,000 square feet building would be constructed, roughly 3 times the size of the current building. While we question the increased size as necessary, we’re sure the developers have claimed the usual reasons, focusing on their profitability only working with this size building. We’re also sure if challenged, they have another number they are willing to scale it down to.

In Greenburgh, however, we’ve seen the new Comprehensive Plan adopted. Critics, including ABG, point out that it is more of a political document/statement and an encapsulation of what the Town currently has as opposed to providing a blueprint and true plan for the future of our Town. After 8 long years of preparation, public forums and road shows, the document falls flat on its face, allowing Mr Feiner and his Board similar carte blanche with zoning changes throughout the Unincorporated Town. This failing will be evident tomorrow night when the Town Board adopts a change to zoning specific to the Manhattan Avenue area to eliminate the existing HUD housing and build bigger buildings with mix-use retail space at ground level. It’s easy to perceive the Town Board as doing spot-zoning but they will apply this as a Town-wide endeavor to skirt that issue.

The one bright light throughout Mr Feiner’s constant onslaught to allow commercial enterprises in residential areas has been neighborhood pushback. At the former Frank’s Nursery property on Dobbs Ferry Road, Mr Feiner tried to convince residents to accept an 8-story, 83-foot sports bubble in their residential neighborhood on that property. By banding together, they were able to push back with one mantra: keep the zoning residential and build residential housing of any type at that location!

The GameOn 365 owners, who had been encouraged in private meetings with Mr Feiner and his Board  not to worry about the zoning as they would name themselves the lead agency and push the zoning change through, moved their plans to the Visioli golf driving range property next door. What Mr Feiner and crew hadn’t counted on was the resolve and intelligence of the residents. Using the Town’s own laws, they held fast and got every neighbor adjacent to the property to object to the usage. Subsequently, after Mr Feiner played his games with the property and losing more money for the Town, movement on creating a new senior assisted living facility has begun.

To that end, there will be a Public Hearing/Discussion on the proposed CHS Assisted Living Facility at the Planning Board on Wed. Oct. 19th. The meeting starts at 8:00pm. Residents of the Town are urged to attend to see and hear what the plans are for this new facility. This is a story of David beating Goliath. Right now, however, we applaud the City of Rye for taking a positive step in creating housing from commercial property and wished we could see similar thinking in our Town. Only then will we see A Better Greenburgh.

The Curse and Growth of Spot Zoning

ABG has previously written about spot zoning and its perils. In Greenburgh, for instance, Mr Feiner and his Board cavalierly change zoning on his whim to satisfy his developer friends. There aren’t any developers, larger ones anyway, who fear submitting a proposal in Greenburgh as long as Mr Feiner is at the helm with a submissive Board in tow. In fact, smaller contractors and builders have been said to avoid doing business in Greenburgh due to excessive taxes also known as fees and permit costs and extended review processes. The people who suffer are the homeowners, of course, who want to add a bathroom, deck or dormer to their home. The approval process can take up to a year between the different departments, the various fees, meetings etc., only to be refused at any point and force a restart of the entire process.

There is even more going on around us in Greenburgh and elsewhere throughout the County. Here in Greenburgh, the Town Board follows Mr Feiner’s instructions and rubber stamps whatever project he favors. Several years ago he announced he was in favor of an eight story commercial entity being built in a residential neighborhood. He had had the opportunity to simply sell off the property but chose to politicize it and play games against the residents of the area. Is this what we elect our leadership to do? Hardly. Then there was the over-sized assisted living facility to be built on what amounted to a postage-stamp parcel of land in yet another residential neighborhood. While the residents, current taxpayers that government should be protecting from outside interests, strenuously objected to Mr Feiner and the Board, he laughed in their faces and not only approved every aspect of the proposal, but let the projects attorney’s write what would later become the zoning code for assisted living facilities!

Now that an approximately two-year old assisted living zoning code exists, Mr Feiner and his spineless Board are pushing to approve another inappropriate assisted living facility. To top it off, they seek to ignore this recently adopted zoning code to accommodate another developer! Interestingly, this time, while the immediate abutting property owners are against the project, some of the residents in the area have spoken in favor of this sale. We believe they are speaking less in favor of the mega-proposal and more in favor of trying to help the owners complete the sale for retirement income. Regardless of the reason, the facility does not meet the assisted living zoning code and requires variances to proceed.

Rather than wait and follow the process, we believe Mr Feiner instructed his Board to prematurely initiate and subsequently approve a SEQR study/report. This bastardization of “the process” belies the hollow words heard from the dais at various meetings by Mr Feiner and his Board. They parrot him by saying that they want, “the public to have faith in the process”, “that they’ll do their due diligence” and more. The list of hollow expressions is almost unlimited.

Beyond the lies from our own corner office comes a growing trend, an agenda if you will, with housing and spot zoning. Excuses in favor of it abound as developers push community leaders to covertly endorse spot zoning. In North Castle for example, JMF Properties of New Jersey, is seeking to construct 200 high-rental apartments on 22 (of 36) acres on the North White Plains’ Jennie Clarkson school campus. Their argument they use for this is that there is an abundance of multi-family homes that already exist. Here’s their rub: empty nesters are looking to down size and young professionals – often referred to as millennials – don’t want to own a home yet. 60% of these proposed units would be two bedrooms and the remainder would be single bedroom, with twenty units set aside as affordable housing. The moniker might change but the only way to proceed is to pepper the proposal with enough buzzwords so politicians can jump on board: affordable, workforce, low income, welfare, senior, veterans, etc. The final nail in the coffin of the argument is that businesses are leaving the area because of a lack of housing for workers. Could it simply be they are leaving because they are overtaxed and over-regulated? Believe it.

The real issue here is that to build this huge facility would require several zoning changes. And, as luxury units priced at about $2,800 to $3,200, the affordability aspect seems a bit distant if not contradictory. These residents would have, according to one of the spokesman, “…fat wallets and they’re looking to spend in that local community.” That may appear to be justification to some, but to us it seems weak. It certainly does not qualify as a reason to spot zone an area, even if spot zoning is illegal. Using other words for it doesn't make it right.

Similarly, Purchase College, part of the State University of New York system, is proposing to build 385 units of housing for people ages 62 and older on 40 acres of its 500-acre campus. The proposed site — mostly weedy land that had previously been used as a dump for construction debris — is located south of the college's administration complex and west of Lincoln Avenue. The arguments for this project, while not as necessary because this is NY State property and not held to many of the same zoning and other standards as Towns and Villages, include 220 units of one and two-bedroom apartments in a four-story building and single-family, duplex and triplex homes; 36 beds for assisted living and 36 beds for memory care would be offered. The rest of what is being touted is merely window trimmings of sorts to increase the projects attractiveness.

In nearby Harrison, the Brightview “senior steamroller” received approval for their latest proposal for their contentious Brightview Senior Living facility. The necessary-to-proceed zoning amendment was passed by the Village Board, even though the Harrison mayor said, “…the zoning amendment passed Thursday did not constitute a fait accomplis.” He added, “It's all part of the process," he said. "We're not even at the 10-yard line. A lot can happen in 90 yards.” The project must now gain the planning board’s approval. The zoning amendment allows senior living facilities to be built in existing residential zones, with the planning board's approval. This move paves the way for any developer, but in this case, Brightview Senior Living, to build a four-story, Home Depot-sized senior living facility on the Lake Street Quarry site in West Harrison. The 7.3-acre project site is surrounded by a rural neighborhood of single-family homes. Once again residents in the neighborhood say the development would be too big and out of character for the area, comes too close to nearby homes and would cause traffic congestion on an already-busy street. And again, government is pursuing its agenda and ignoring the well-being of the existing taxpayers who have invested in the community from outsiders seeking to ravage it.

In Buchanan, the opposition to affordable housing for seniors was strong last fall. So much so that one of Westchester’s leading builders simply walked away, unwilling to invest any more time or money in pursuing his project. But now, seven months later, things have changed. The Buchanan Village Board, by a single vote, last week agreed to a zoning change that allows the 42-unit project, including 35 affordable units, to proceed for planning board review. Therein is part of the problem. When a developer wants a project to go through, they have resources and time that residents do not and can keep the onslaught going as long as they choose.

Finally, it must be mentioned that if the project is approved, it would help Westchester County meet its federal fair-housing goal. This is another part of the zoning change problem. Without reliving the entire Anti-Discrimination lawsuit against the County, the federal government and its housing monitor continue to insist that local zoning be changed to allow a whole host of zoning possibilities that frankly, zoning laws are designed protect communities from. If you need an example of imprecise zoning, simply look at the 9A corridor from I-287 northbound toward Mt Pleasant. Nothing matches, looks cohesive or has a flow of style that invites you to want to participate and even locate there. Zoning adjustments, such as changing a set back from 10 feet to 7 feet to allow a walkway or a deck to be built are certainly acceptable. Radical changes like the ones we’re being forced to accept because of political agendas, developer’s deep pockets, and a willfully ignorant electorate must stop – especially in Greenburgh. Only then will we get A Better Greenburgh.

Residents To Lose To Outside Developers

There was a new organized proposal about two Town Board meetings ago that had an immediate buy-in from The Paul from Homes for Westchester, a consortium of six affordable housing groups that work toward “streamlining” the affordable housing projects process in Westchester. Their aim is to speed up the approval process and get their affordable housing projects sped through the system. Their claim is that it takes much too long for them. They cite not-for-profit as well as for-profit companies having to spend so much time time for approvals that it can make affordable housing unaffordable. Really?

The process in the Town is extremely convoluted sometimes but more complicated than other communities. In Greenburgh for instance, to re-roof your home doesn’t require a permit. But if you use more than one sheet of plywood during the renovation, a permit is required. Approvals for homeowners require plans and their submission, attendance at zoning and planning board meetings, etc. The process can go for as long as a year and may be more. And, there’s no guarantee that your project will get the green light from the Town. There are some good things that come from this process from a safety perspective.

Tony Hoeltzel, the “front man” for this consortium, along with Joan Arnold, gave examples of the supposedly difficult process he’s been a part of in numerous communities. In Greenburgh, The Paul and his go-along Stepford Board will rush affordable housing projects through the system in the blink of an eye. Planning Commissioner Thomas “Can’t Say No” Madden will even meet with and assist developers with their planning. Residents don’t get this same hand-holding. In fact, if they miss something on their submission applications, they are denied, told the application is not correct and sent to the back of the line to start all over again. This doesn’t often happen with affordable housing proponents. Residents are seeking changes to their largest investments while the outside developers are simply coming in to make a buck!

Hoeltzel claimed of one project that took thirty three meetings to get approved, thus his comment about the unaffordability of affordable housing. ABG is sure this project was not in Greenburgh. Perhaps he should seek another line of work if he doesn’t like having to participate in the same processes the residents and taxpayers must to protect and cultivate their Towns and Villages. In particular, in our Town where The Paul will rubber stamp all projects from a select group of developers as affordable, ABG doubts this service really needed? The Paul with his complicit Board, along with Thomas “Can’t Say No” Madden and in concert with Building Inspector John Locido, approve every project, no matter how inappropriate, as long as the developer mentions a few buzzwords: affordable, low-income, workforce, municipal workers and of course veterans and senior citizens.

This effort is nothing more than a special interest group seeking to circumvent the rules and regulations of the Town for their own gain. They are playing the “not for profit” card like its some sort of panacea for housing. Its not. These “not for profit” owners garner extremely attractive salaries. Many of their more senior employees, such as their attorneys, engineers and designers also make very enviable salaries while living under the “not for profit” moniker. So, at the end of the year, when their well-paid accountants are preparing their books to show “no profit”, their balance sheets may not show a profit but everyone was handsomely compensated. That is the only significant difference between them and a “for profit” developer. Well, that and the various tax breaks afforded to them that the “for profit” developer doesn’t receive, increasing the playing field to be even more disproportionate.

The Paul favors this action. Why wouldn’t he? Its right in line with his continued “ghettoization” of the Fairview section of Greenburgh which is currently running on all cylinders. While the Town did not have to participate in the Westchester County HUD Housing Settlement because there was, to quote The Paul, “An over abundance of affordable housing in Greenburgh,” the reality is he’s over-saturated this one area while protecting votes in others. It’s time for the residents to be heard! We do not need special interest groups with their own agendas having a special line that allows them to get their own dispensation for their projects while the owners of the Town, the resident taxpayers, are forced to wait on longer and slower moving lines. This must be stopped! We can only hope.

Pleasantville Follows Greenburgh’s Wrong Course

In an article ABG found online from the White Plains Examiner, entitled, “Changes to P’ville Assisted Living Plan; Zoning Request Submitted” (http://www.theexaminernews.com/changes-to-pville-assisted-living-plan-zoning-request-submitted/), we found an eery and disappointing similarity to the zoning law change The Paul trumpeted through the Town Board’s phony approval process, aka “rubber stamp” for Brightview Assisted Living. In a move to to create an assisted living community behind Pleasantville’s United Methodist Church, a senior housing developer has proposed to officially request a zoning text amendment and map change as of last week.

The Wellesley, Massachusetts based Benchmark Senior Living representatives explained their plan at Monday’s Pleasantville Village Board meeting. They’ve proposed a plan for a 3.5-acre parcel of land from the church if their proposal receives approvals from the village. Benchmark is seeking approval for a new “floating zone” called the Eldercare Community District. This is the first in a series of steps necessary for the applicant to eventually build on the land. The “floating zone” would allow the village board the ability to approve assisted living facilities in areas that meet certain criteria, such as the requirement to develop the project on at least three acres with frontage on a state or county road. Sounds familiar.

Benchmark’s plan includes a four-story, 87-unit building in a residential area. Similarly, the Brightview Assisted Living Center facility is proposing to build a 90-unit four story building on a 4 acre parcel of land. They wrote the zoning law change and gave it to The Paul to rubber stamp to have their proposal move forward. Interestingly, Pleasantville Mayor Peter Scherer said the board has yet to receive the text of the amendment because Benchmark is still “tinkering” with it. Wow! Does anyone else see a problem with a developer drafting the zoning change they need to proceed with a for-profit proposal? Sounds familiar.

ABG has previously posted that our Town Board, Planning Board, Legal and Building Departments should be capable of writing an amendment to Greenburgh’s existing Zoning Law for Assisted Living Facilities within the Town. We would certainly hope for all the money Greenburgh taxpayers are losing under The Paul’s tenure that our own people could capably handle this and not the applicant! Although, when questioned before about another building proposal in Fairview, Councilman Francis “Back Pocket” Sheehan stated it was not unusual for contractors and developers to write zoning changes for their projects in the Town where one does not exist.

“The idea is to make it possible to allow certain kinds of uses, in this case assisted living, in various other zones without changing the underlying zoning,” Scherer said. “When we get it, we’ll have the option to accept it, reject it or to say we want to change it some way.” While we certainly appreciate the intent of what is being crafted to address Assisted Living facilities, it should be taken out of the hands of the developer. In fact, in Greenburgh, we have a Comprehensive Steering Committee that has been trying to develop and introduce a comprehensive plan for the Town. They should be writing the zoning amendment for the Town. The Paul has stalled their movement by adding more tasks for them to perform before the Comprehensive Plan can be introduced and even adopted. Once the Comprehensive Plan is adopted by the Town, The Paul’s wholesaling of the Unincorporated Greenburgh will be severely stunted. It’s probably why he won’t allow their mission to reach consummation!

Whether or not a good, usable, zoning change is offered or another developer gets to take advantage of this Village remains to be seen. We hope their elected officials are less yielding than Greenburgh’s and will focus on what is right for the Village and it’s residents, not the developer. We can only hope.