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.

Town Wrong Again, Snubs Nose At Process and Residents

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

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

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

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

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

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

Fulton Park Vindicated Over Westhab & Town Violation

In late 2008 and early 2009, the residents of Fulton Park received a letter from Mr Feiner stating that he had agreed to the demolition of the old Kings Inn Motel and construction of a seven-story Westhab facility. At that time, the motel was serving as a transitional halfway-house for ex-cons recently released from prison. The neighbors in Fulton Park had often complain of noise at all hours of the day and night, sex with prostitutes in cars on the side streets, drinking and drug use. Remnants of crack vials, used condoms and alcohol bottles could be found almost daily on residents front lawns or by the curb. Complaints to the police department resulted in a periodic patrol which consisted of a Greenburgh patrol car driving by. Other complaints went to the County Police as the County was in charge of the facility security - or lack thereof. 

Proposals were understandably met with resistance by the neighborhood because the industrial looking building did not fit in at all. Residents met and complained with Town Board members who were blatantly lied to by Mr Feiner and other Board members, who each said no decision had been made yet. This lie was later exposed when County documents were acquired under the Freedom of Information Law (FOIL). Those documents showed Mr Feiner's involvement with then County Legislator Lois Bronz, County funding as well as other funding that would help pay for the building. Curiously, before the plans were approved, the Town Board adopted a LEEDS certification for all new buildings within the Town. Westhab was not held to that standard, yet Mr Feiner still touts how "green" the building is. 

The residents were never against building something there, but only asked for a building that was not a huge, 7-story, out of character building that would not blend with the neighborhood. Their requests were ignored and Westhab went with their cookie-cutter gulag approach, justifying it as being patterned after area buildings. The only building it comes close to emulating is the old phone company building across the street with its design from circa 1960. An out-of-date design was used for a new building. 

One of the many conditions that was challenged by residents was their incorporation of the existing Town road that ran between the Kings Inn Motel and the Fulton Garden Apartments, named Fulton Avenue. In typical Town Board style, they ignored the two-way road that had been there from at least 1938 and used by everyone in the neighborhood. The Town ignored all maps and findings the Fulton Park Civic Association and other Associations furnished and accepted it as Westhab's. This allowed its use and could be part of the parking space count that was necessary for their project to move forward. When Mr Feiner wants a project to go forward, mere laws will not stand in his way, as was proven here again. 

Fast forward some seven years later with a lawsuit by the owners of the Fulton Garden Apartments against Westhab because Westhab paved over property that Fulton Garden Apartments has had as an easement for over 30 years. Basically, the property where the parking spaces are, which had been argued about repeatedly by the Fulton Park Civic Association, the Fulton Garden Apartments, the Greenburgh Council of Civic Associations and others, was not Mr Feiner's to give away. But when he favors any project, as long as its not in his neighborhood, all bets are off. Well, Fulton Park Civic Association, the Fulton Garden Apartments, the Greenburgh Council of Civic Associations and others are about to be vindicated even though the damage has been done. 

On the June 17th agenda for the Planning Board is an appeal from Westhab to change the one-way roadway back to a two-way road. Here's the agenda item:
Case No. PB 15-13 Westhab/Fulton Gardens, 22 Tarrytown Road, P.O. White Plains, N.Y. – Amended Site Plan
A work session to discuss an amended site plan application for a proposal to allow two-way vehicular traffic from a previously approved one-way driveway at an existing multi-family building known as Westhab. Presently, vehicles are restricted from entering the Westhab property from County Center Road. The proposed site modifications would provide direct access to an existing parking lot used by residents and visitors of the adjacent multi-family complex known as Fulton Gardens. Currently, the only access to this parking area is from Rt. 119 (Tarrytown Road). The Westhab property consists of approximately 30,492 sq. ft. (0.78 acres) and is situated on the west side of Old Kensico Avenue [sic]  approximately 210 feet from the intersection of Tarrytown Road and approximately 0 ft. from the intersection of County Center Road. The Westhab property is located in the M-174 High-Rise Multi-Family Residence District and is designated on the tax map of the Town of Greenburgh as Parcel ID: 7.500-310-2.


This is significant for several reasons. First it vindicates everyone, the Fulton Park Civic Association, the Fulton Garden Apartments, the Greenburgh Council of Civic Associations and others who did their due diligence and sought the truth. Mr Feiner and his Board, untouchable as they run for re-election unopposed, simply ignored what was right and did what he wanted. The Board knows they should go along or they will be "Sonya'd". Second, Mr Feiner gives carte blanche to developers at the expense of all the neighborhood residents throughout the Town and this practice needs to stop. But this is part of his warped scheme to fundamentally change the makeup of the Rt 119 corridor. He knew that the old phone company building would be taken over by Westchester County's Department of Social Services and its proximity would facilitate Westhab residents who need to report in to DSS regularly by being close by. Third, traffic has increased and backs up substantially from the traffic lights, as residents complained it would. Fourth, when Deli Delicious reopens as a fast food service restaurant, traffic will continue to be a nightmare for residents already living with an F-rating from the flawed traffic study. And finally, to avoid going to court and being found guilty of violating the easement that the Fulton Garden Apartments has for the property Mr Feiner "gave away" to Westhab, they have decided to acquiesce and turn the road back to a two-way lane. This is being done by Westhab to avoid going to court and being found guilty!

It's a shame that Mr Feiner's politics have trumped residents on the right side of the law. It's a shame that the residents of the Town remain willfully ignorant and stand by as Greenburgh crumbles. This laissez faire attitude with Town government must end. Only then will we get A Better Greenburgh.

The Grand Plan: Ultimatums To Promote Ill-Conceived Consolidation (Part 3)

Lest anyone believe the talks of fire consolidation by Mr Feiner are genuine, please read the letters posted below, authored by Town Councilman Francis Sheehan. The first letter with the heading “Memo” is the letter Mr Sheehan sent to the 2008 Consolidation Board, Fire Districts and Board of Fire Commissioners, detailing why he resigned from the Consolidation Committee. When you read the body of the actual resignation letters, it becomes abundantly clear to all that Mr Feiner is acting consciously to coerce the direction of the vote endorsing fire consolidation with the Towns paid fire departments of Fairview, Hartsdale and Greenville.

Mr Feiner has threatened and is proposing to push a referendum toward consolidating two of the Town’s three paid fire departments. Since his orginal proposal, Mr Feiner has jettisoned Greenville from the consolidation “mix”. We’ve already explained why he is no longer including the Greenville Fire Department, however we’ll quickly recount the reason. Simply, he cannot afford to upset the Edgemont community, already anxious to incorporate and become their own village, because he needs the revenue their taxes generate, the higher value homes and most importantly, the attractiveness of their school system to attract people to move to Greenburgh. Since Edgemont has been rather vociferous about Mr Feiner’s actions, opinions as to what they plan to do abound. Mr Feiner has good reason to adjust his takeover plans.

The Greenville Fire District, and the Greenville Fire Department has its fire station on Central Avenue near the A&P Supermarket and Curry Chevrolet businesses. Loosely speaking, they provide fire protection to the southern and eastern area of Greenburgh. Specifically, they provide fire protection for the relatively affluent portion of the Town known as Edgemont, among others. The moderately wealthy Hartsdale Fire District and Hartsdale Fire Department protects the correspondingly adjacent area mostly north and west of Greenville’s fire protection district. Finally, the balance of the Unincorporated area that is protected by a paid fire service is the heavily populated with low-income and 49% tax-exempted Fairview section of the Town, protected by the Fairview Fire District  and Fairview Fire Department.

Reading the resignation letter Mr Sheehan wrote and sent to the Consolidation Committee, Fire Districts and Board of Fire Commissioners is an eye opening tale of coercion, Tammany Hall politics, and political chicanery not seen or felt before this administration matured in the Town of Greenburgh or even Westchester County. In it Mr Sheehan touches on several points: what he has learned about firematics while on the committee, the distrust many have for him as a Town Councilman (with this undertaking) placed on this committee and the Town Board in general. He comments to Mr Feiner’s purposeful recruitment and placement with a committee comprised of individuals with no fire knowledge or background. 

On page one of the opening salvo to Mr Feiner, Mr Sheehan states he is resigning specifically to resolve the conflict which Mr Feiner created. This deal was a tit-for-tat, one hand washing the other, or more succinctly, politics at its worst. Mr Feiner was blackmailing Mr Sheehan into giving Mr Feiner the fire consolidation report findings he sought in return for approval to amendments to the antenna law Mr Sheehan was working on. Mr Feiner threatened that “Any recommendation other than the fire district consolidation could foster delay in the adoption of the proposed amendments to the antenna law or further retaliation against the Antenna Advisory Board, which would ultimately harm the community.”

During the time the Consolidation Committee was meeting, Mr Feiner was not getting the intended outcome from Mr Sheehan, et al, so Mr Feiner took it upon himself and “authorized Town staff to prepare a Request For Proposal (RFP) to hire consultants, not only to review the proposed amendments, but to assume all duties of the Antenna Advisory Board...” This move was a clear attempt by Mr Feiner to usurp Mr Sheehan and ensure the results he had tasked the committee to produce.

Throughout the two page resignation letter from the Consolidation Committee tendered by Mr Sheehan to Mr Feiner are references to arm-twisting by Mr Feiner. Mr Sheehan decided to step away from the Consolidation Committee to be able to pursue the best course of action for the Town with regards to antennas throughout our Town. Admirable. The Consolidation scam Mr Feiner is perpetuating against the Town will have dire financial consequences throughout the Unincorporated Town if allowed to happen. We must stop Mr Feiner's blatant toying with bits and pieces of the Greenburgh landscape with developers, spot-zoning, discrimination, and other deflections designed to position him as a leader. Real leaders don't need to play these games. Real leaders lead by setting good examples. Greenburgh needs real leaders. Only then will we get A Better Greenburgh.

Public Meetings For Public to Offer Feedback

Below is information regarding the Town’s proposal for the Town’s proposed Comprehensive Plan for how the Town should look for the near and distant future. Mr Feiner, the Town Board and others have taken to spot-zoning throughout the Town at their developer friends’ whims and requests. This Comprehensive Plan (Comp Plan) will slow that down. However, there are many sections that go way beyond what many of us wish for the Town to look like in the future. We acknowledge that a lot of work went into developing this plan, but it is not the final word – yet! It is imperative that everyone to go to the link below and read the Comp Plan, make notes and bring your feedback to the Committee at one of these meetings. If you cannot attend the meetings, you can email them your concerns. It’s the only way to keep from having changes we don’t want thrust upon us. Without your input, Greenburgh will change into something you may not want! Please participate. Only then can we have A Better Greenburgh.

Greenburgh Comprehensive Plan Steering Committee Releases Draft of Plan

The Town of Greenburgh Comprehensive Plan Steering Committee (CPSC) released for public comment the Draft Comprehensive Plan for Unincorporated Greenburgh (Draft Plan) on March 21, 2014.  On behalf of the CPSC, I am pleased to announce that Appendix E, which is referenced on Page 12-7 of the Draft Plan, was uploaded earlier today to the Comprehensive Plan Web site (http://greenburghcomprehensiveplan.com/) and is available for public comment along with the rest of the Draft Plan.  (At the homepage, click on the "2014 DRAFT PLAN" tab and then "Appendix E" at that bottom of the Table of Contents.)

To give the public a head-start on reading the thirteen chapters of the Draft Plan, the CPSC decided to release the rest of the Draft Plan in advance of the graphics-intensive Appendix E.  Appendix E contains 92 separate cut sheets of recommended zoning map amendments covering 260 individual parcels in Unincorporated Greenburgh.  The recommended zoning map amendments, most involving aligning zoning district boundaries with property lines, are in conformance with the Draft Plan released earlier.  

We look forward to your comments on the Draft Plan, including the proposed amendments in Appendix E, at one of our upcoming meetings at Town Hall, 177 Hillside Avenue, Greenburgh, NY 10607.  The dates and times of these Draft Plan public comment meetings are:

     Tuesday, April 29th, at 7:30pm

     Saturday, May 10th, at 10:00am

     Thursday, May 22nd, at 7:30pm

     Monday, June 2nd, at 7:30pm

     Monday, June 16th, at 7:30pm (public hearing)

After each meeting the CPSC will meet to consider all comments for potential incorporation into the Draft Plan.  At the conclusion of this public input period, the CPSC will prepare the final CPSC Draft Plan to submit to the Town Board.

If you cannot make it to any of the above meetings and/or prefer to put your comments in writing, please address your written comments to planzone@GreenburghNY.com or mail them to the CPSC, c/o Commissioner Thomas Madden, Greenburgh Town Hall, 177 Hillside Avenue, Greenburgh, NY 10607.

We look forward to your input on the documents, and we also look forward to no more snow this season, especially on any of the above meeting dates!

Francis Sheehan, Councilman, CPSC Chair

   Town of Greenburgh

Comprehensive Plan Steering Committee

Francis Sheehan, Town Councilman and CPSC Chair

Fran McLaughlin, Planning Board Chair and CPSC Vice Chair
Thomas Madden, AICP, Planning Commissioner

Madelon O’Shea, Historic and Landmark Preservation Board Chair

Ella Preiser, Community Representative

Walter Simon, Planning Board Member

Theresa Mae Tori, Conservation Advisory Council Chair

Lou Klein, Commercial Real Estate Liaison

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Garrett Duquesne, AICP, Deputy Commissioner, Community Development and Conservation

Viola Taliaferrow, Residential Real Estate Liaison

Endurance To Trump Neighborhood

Over two years ago Deli Delicious lost their bid for expansion for their speck of property. In short, the owner claims he was losing money by not having a drive through window for food pickup orders and this was the reason his business was not doing well. He used to advertise seven flavors of soups served daily on an illegally installed sign on the south side of his building – actually on NYS property. He maintained an office in the basement for the deli and a real estate business he profits from. We’re told, the owner, Mr Tartaglione, along with other family members, owns many pieces of rental property throughout Westchester County. That’s his real business.

A number of years ago, the Town secretly made a deal with several legislators and Robert Miller of Westhab, to build a facility where the King’s Inn motel used to be at 22 Tarrytown Road. The property was the buffer area created by more intelligent Town leaders many years earlier that was the transition point between a small amount of light commercial land and residential properties adjacent to it. The King’s Inn Motel buildings were in light commercial zone and its parking lot was residential. Immediately next to that is the Fulton Garden Apartments, two stories in height and very much similar to many townhouse arrangements, size-wise, we see in other neighborhoods. The previous zoning boards saw the value in easing into a neighborhood as opposed to what Mr Feiner wanted.

When the Westhab facility was proposed as a 7-story monstrosity on .7 acres of land, it overshadowed the surrounding area. So much for a transition piece of land between commercial and residential. Not only were a plethora of concessions made by the Town, the Westhab attorneys were writing the zoning and building code changes as they needed them and the complicit Town Board was adopting them for our Town codes! We are now experiencing many of the difficulties belabored by the community leaders, civic associations and residents highlighted back then.

Just during the months of January and February, the Westhab snow plows are taking all of their snow covering the old Fulton Avenue, as well as the few unused parking spaces and pushing all of that snow into the (non-existent*) traffic circle. This not only blocks the traffic trying to struggle through the already snow covered streets in Fulton Park, but it’s illegal! The Fulton Ave roadway was a two-way street that allowed residents a second method of egress from the neighborhood. The traffic light at Old Kensico Road and Rt 119 only allows three cars to go through before turning red again.

During the time Westhab was being built, Mr Tartaglione offered the use of his then-open deli for neighborhood meetings regarding the fight to stop the Westhab and Town’s assault on Fulton Park. Included with this gesture was free coffee during the meetings. Unbeknownst to the neighborhood, and behind their back, Mr Tartaglione was desperately conspiring to sell his deli’s property to Westhab. It was only when a neighbor stumbled onto his scheme that he ceased offering the deli as a meeting place and began insisting residents who shopped there to leave and not return. One woman named Rose, told us she had been going their daily since the deli opened. She was stunned when he told her to leave and not return. And, at about the same time, when he was forced to abandon his sale to Westhab, he began pushing the drive-through window as his catholicon, regardless of what would be necessary to make these significant changes to his building. He needed to flip this building.

Residents then attended the zoning meetings where Mr Tartaglione had Mr Chuck Pateman of Irvington, represent him as both his developer and general contractor. Both Mr Tartaglione and Mr Pateman then began reaching out to members of the neighborhood to elicit support for this project. When that failed to help their scheme, large outdoor plants began showing up on various residents’ doorsteps from Mr Tartaglione. Bribes? You decide. If a project can stand on its own legs, it shouldn’t be necessary to try to buy support. But this is Greenburgh. Many say Yonkers is the city of hills, where nothing is on the level. Move over Yonkers.

The issues that arose over two years ago were centered around a building that is too small to support the plan Mr Tartaglione sought. It still is. He was relying on the state property along Rt 119 (and still is) that NYS has emphatically said they would not sell the property because of future plans on Rt 119 (get ready - its coming). The property cannot support the amount of parking spaces necessary to comply with current zoning requirements. Again, this is Greenburgh so we’re not hopeful it will matter. Finally, and there is more that we’ve discussed before, is the increased traffic congestion at the only entrance and exit to Fulton Park. Since the Town gave Fulton Avenue to Westhab, and made it a one way street going north into the already congested and now, plowed-in, non-existent traffic circle, traffic is already at a standstill most days during both morning and evening rush hours. Even other times of the day find traffic unbearable and heavy. The traffic study supplied for the Westhab project gave the neighborhood an “F” grade for an over-congested area. Now that Smashburger has opened, traffic routinely backs up on Rt 119 into the intersection of Rt 119 and Old Kensico Road. Here’s a few pictures of traffic at various times in Fulton Park.

Traffic going westbound on Rt 119 at Old Kensico Road

Traffic at Rt 119 backed up into the intersection as seen
from Old Kensico Road.

When Mr Tartaglione petitioned the Zoning Board of Appeals to expand his deli and it’s footprint, the denied his request. The reasons were the same as they are now: not enough parking, increased traffic, easements, lack of property (he incorporated state property still not available for sale) and other points. Regardless, the zoning did not support his plan. This appeal found Mr Tartaglione’s acting skills much better. Seemingly chocked up and on the verge of tears, he recounted how his parents purchased the deli, he worked there and then inherited it. He never discussed the booming business and the money he made during that time, only that not having this drive through window was costing him $4k a month. He never discussed the the decline in food value or his high prices. He never discussed the “stale” menu that offered the same selections for years. He never discussed that he didn’t offer free delivery when all of his competitors did. He never discussed that the area has become saturated with other eateries offering many more choices than his deli. And, he never discussed that people stopped coming to his deli once they had more choices. He never discussed that the 4-story Verizon building across the street closed, severely impacting the business. He never discussed this application was made under the guise of a restaurant application, not a deli.

He did say, however, that he did not want to be next to Westhab’s new building as he knew from statistics that crime follows Section 8 housing. Once the tiny, over-priced apartments fail to be rented, Westhab would “Section 8 them”, filling them with Section 8 housing voucher recipients. Section 8 renters are required to pay 30% of their income toward housing costs and we, through the government DSS Department, subsidize the rest. Then, Westhab has a government subsidized, never failing to get paid, source of income under the guise of helping the poor. He did say that his deli had been broken into numerous times when Westhab was “managing” the former King’s Inn hotel with transitional male  ex-convicts.

Now, over two years later (there is an 18-month waiting period) the Zoning Board of Appeals has changed membership – all appointed by the Supervisor. Since some of these new Board members have never seen Mr Tartaglione’s pseudo tears, faux quivering voice, and pleas for help, the meeting this Thursday promises passage for his originally ill-fated proposal. So while his new plan increases impervious space, requires no additional water control for flooding, requires property from NYS that is not for sale, a lack of parking spaces, increased traffic and blockages at all time of the day, Thursday’s meeting is about endurance. He waited long enough to outlast the last rejection, regroup, get a new representative and contractor and propose his changes. This is not only bad for the neighborhood, but the area in general. The other point is that once it happens in one spot within the Town, its destined to be repeated in others. Bad ideas, like bad politicians don’t go away, they get promoted. Watch for this in other areas of the Town. Mr Tartaglione’s endurance will ultimately trump the needs of the neighborhood.

Mr Feiner, Mr Madden and others, wish to reshape the look and feel of both Rt 119 and Central Avenue. It’s already happening. They want the buildings to be bigger, require less parking or what’s called shared parking and they’re looking to increase traffic while complaining about increased traffic. They are changing laws to allow private companies to profit by installing sports bubbles throughout the Town as well as assisted living facilities.

They have routinely spot-zoned for the convenience of various developers while ignoring the pleas and needs of the neighborhoods. It’s currently underway in the Worthington section of the Town on Dobbs Ferry Road with an unwanted 83 foot tall sports bubble in a residential neighborhood. Mr Feiner lives in an affluent, upscale and gated community. Mr Madden doesn’t even live in Greenburgh. It’s amazing to ABG that the negative impact going on throughout the Town is out of control by people immune to its negative impact. Where is the “green” in Greenburgh? There are no longer any checks and balances in out Town. Mr Feiner has been in office so long that he has had the time and ability to stack the deck in his favor. It has to change. Only then will we get A Better Greenburgh!

* When the Fulton Park residents challenged the Town zoning based on several factors, they were told the traffic circle was not on the zoning maps and “didn’t exist”. 

Under the Guise of Revitalization

When the politically powerful and not the competitive marketplace, determine winners and losers in the Town’s business decisions, taxpayers take on all of the risk and crony companies extract the profits. The cycle of political profiteering was established once our politicians began to exchange public money in return for campaign contributions. This method of using the government to find a profit has become a trademark in our Town. Having an open door policy for developers, our Supervisor responds favorably to developers and law firms representing them while discarding the wants and needs of his constituents. 

Under the guise of some type of revitalization, their methods promise local governments that its development projects will generate desperately needed jobs, housing, economic development, and tax revenues. Utilizing well-funded public relations campaign teams, politically-connected and well-paid lobbyists, and campaign contributions to local politicians, they acquire subsidies, tax breaks, and property through eminent domain. However, they’ve received public financial support, renegotiations are the first order of business once they’re “in”, with implementation delays for the promised benefits quickly superseding the original promises. In short, they lobby, profit, and then bilk the taxpayers by breaching its public promise to the community and simply smile to our officials once again.

There are companies doing business in our Town that most taxpayers have likely never heard of, even though they, the public taxpayer, finance much of their revenue. Their business model is dependent upon political profiteering, relying on public money and government influence to reap millions in profit. Oft times operating as a Not-for-Profit organization to elicit a favorable context of helping the less fortunate, they thrive with highly paid personnel, lobbyists, back-room meetings and handshakes, cultivating political connections via campaign contributions, and even strategic hiring of local officials. The results? They obtain lavish public money, tax-exempt financing and seize desired private land from eminent domain, condemnations, spot-zoning and the like.

Contributing to the morass that escapes the average taxpayer, are the deal-making meetings, dinners, “winks and nods” and assurances that the public will never learn of, or find out about: the predestined outcome. In meetings unseen by the public, key personnel make directional and developmental decisions for an unsuspecting populace. The revamping of the Rt 119 corridor in the Unincorporated Town is a classic example of this change, as is Westhab’s latest future slum in Fulton Park. Under the guise of revitalization, Mr Feiner has sought the participatory nod of Town Planning Commissioner Thomas Madden to develop every parcel of land currently undeveloped. When broaching the topic of a building moratorium or a plan from the Comprehensive Steering Committee to better assess the increase in impervious space, Mr Feiner’s boilerplate response is a mere flick of his hand, similar to brushing an inconvenient piece of lint from a shirt, condescendingly brushing away those pesky taxpayers looking out for their best interest. What is his?

Collecting and assimilating data, utilizing news reports, studying specific cases, Town departments, and well-crafted press releases is not enough to expose the collusion in our Town – a hallmark of the Feiner administration. Controlled data can sometimes be found on our Town’s website although the average person’s detective abilities may often fail them as they seek answers. Without better transparency from our local government on the funding deals, it will remain difficult if not impossible to figure out how much public money developers are getting for their projects. Mr Feiner knows this and thrives on it. Financial benefits, such as full value, tax-exempt bonds, prime real estate giveaways, spot-zoning and the like, ensure continued revenue producing developments in his desperate hope of staving off million dollar guilty verdicts, acquiring new voters from the uninitiated, questionable campaign contributions and well, the list is almost endless.

Residents within the Town’s villages elect a mayor and village board to represent them and seemingly protect them from the Town’s overreaching wallet gorging. Unincorporated Greenburgh should have this same protection with our supervisor and town board but sadly, do not. The old joke about “kiss me first” comes to mind as the G10 publicly go against the town overlords twice a month. What we do have is a developer driven golden gate with Mr Feiner working the tollbooth! Accessing campaign contributions is said to be as transparent as Mr Feiner’s government and yet unarmed with specific information, even the Federal Election Campaign’s obscurity and subsequent searchable information will cloud legitimate efforts to uncover information. Between late filings, fines, political action committees, etc., searching money trails would challenge the seasoned tracker. How can the taxpaying public stay ahead?

Political diversity, term limits and vibrant citizen scrutiny are just three methods we can utilize. In a study spanning from 2002 through 2012, one organization we learned about spent $23 million on lobbying and campaign contributions, which returned $2.6 billion in subsidies and $533 million in net profits. A good return unfortunately proving its worth. Private real estate development shouldn’t be driven by political connections that are systematically purchased with campaign contributions. Yet, they are, bastardizing and compromising an already broken system. Taxpayer money shouldn’t replace the role of the market in ensuring what’s best for consumers, nor should it be used to line the pockets of real estate executives, developers and their law firms. Combined there are few public benefits on the amount of subsidies they receive.

If the Town is to improve, we need to rid the well-cultivated campaign system Mr Feiner has built of patronizing willfully ignorant voters. If a candidate can run unopposed garnering 10,000 votes, how can we ever expect to inject new ideas and better execution of more diverse programs into our Town? These same 10,000 voters, whom we believe executed their right to vote, need to become more learned as to Mr Feiner’s, his Town Board’s and our Town’s crafty manipulations of a broken system. Only then will they see the duplicity, lies, and back-room deals our stalwart G10 have come to decry bimonthly.

Term limits would be a long overdue benefit for the costly and sometimes extreme mismanagement of our Town. Arguments pro and con regarding term limits are futile. Yes, we will lose some good politicians when they are term limited out of office. Yet the system would also ensure bad politicians be shown the door before they can wreak too much havoc on the beauty of our Town and its finances. Our house of cards is wobbling and soon to collapse. What then? Will we return to our traditional yearly double-digit tax increases?

Variety beyond single party rule, regardless of which party it may be, would also contribute to a healthier decision making process and an infusion of fresh ideas beyond the fungus producing decisions to which we have been subjected. Tax increases every year, disguised as being within an arbitrary tax-cap that ultimately is not being adhered to through verbal chicanery, are open proof of why a change is needed. It’s as if Mr Feiner believes as long as he can say he has stayed within the NYS 2% tax cap, all is well. It’s not.

Open government, and dare we say good government, should be the goal of every resident, Town employee and elected official. Only then will be rid of illegal GameOn 365-like back room deals. As Mr Feiner struggles to maintain his upper hand in gifting the property at 715 Dobbs Ferry Road to his favored beneficiary, public diligence and a lawsuit crippled his blatant disregard for the law. But its not enough. It’s time to seek and deliver a major change to the Town Board, it’s decision-making policies and integrity. Only then will we start to see A Better Greenburgh.

Running Scared

A regular reader of ABG recently called to say he had received a phone call from Judith Beville, the Greenburgh Town Clerk. Her call was standard campaign faire and possibly an obligatory gesture on her part as pay back for her benefactor’s largess. Mr Feiner is her benefactor. He typically foots the bill for all candidates that run with him for election (or re-election) paying for mailings, lawn signs and the like from his campaign war chest of over $100+k. The fee for the lawsuit against his challenger for Town Supervisor candidate Robert Bernstein was invariably taken care of by Mr Feiner. Back to the phone call.

Our reader stated that he, a republican married to a democrat, answered the home phone when it rang. Ms Beville stated she was calling on behalf of the Greenburgh democrats running for Supervisor, the Town Clerk position and one Town Board seat. She talked about convicted felon and incumbent Councilwoman/Attorney Diana Juettner, but failed to mention Mr Sheehan who voted against Mr Feiner at least twice this year, creating a political wall that may not be passable for him at this point. It’s also our belief that Mr Sheehan will be “Sonya’d” and won’t be on the Town Board much longer even if he wins the race this time.

Ms Beville proceeded to bemoan Mr Bernstein and that he is not a very nice person, he is an attorney and has sued the Town and Mr Feiner numerous times. She didn’t mention that Mr Feiner invites lawsuits if someone doesn't like what he’s doing. She did mention Mr Feiner has always been the taxpayer’s “Problem Solver”. She didn’t mention that he usually creates most of the problems. She did mention that Mr Feiner was a very nice guy and has been Supervisor for the last 22 years. Being in office that long has yielded the Town a AAA Bond rating. She didn’t say the Town has never taken advantage of that bond rating or ever plans to utilize it.

She then asked her reader if she could count on our reader to vote for her, Mr Feiner and Ms Juettner for the democratic endorsement in the November primary. He responded after she explained why he and his spouse should vote for them in the primary with a chuckle. He told her he can’t vote because he is a registered Republican and voting, as she well knows, is only open to registered democrats. But, he assured her that while his spouse may vote for her, she will most surely not voting for Mr Feiner. She said she has been getting that same response from many of the democratic voters she has called and spoken with. Is it any wonder she is getting responses like that given the shenanigans, back-room deals, spot-zoning, illegal actions and so on geminating from that one corner office?

This coming democratic primary to be held on September 10 promises to be a close one in that Mr Feiner, a 22-year incumbent, has worn out his welcome with many residential and business residents. Mr Bernstein has certainly alienated some with his lawsuits against the Town. But, as we have stated previously, ABG has always believed that Mr Bernstein has always done what was in the best interest of the Town, while Mr Feiner has not. It is for that lone reason alone that we suggest you put aside your personal feelings of both candidates and evaluate them by their words and their actions. ABG has certainly written enough in the past five years to give much of the information rarely printed by the mainstream media and especially Mr Feiner. ABG believes the decision becomes an easy one to make in that context. ABG encourages all Democrats to participate in their Primary to pick a candidate for their party endorsement. You may just be helping to create A Better Greenburgh.

Densification

The last several years have proven that The Paul is not interested in preserving the “green” in Greenburgh. He’s not alone. The County has a master plan that incorporates an increased densification of the southern portion of the county as well as the Unincorporated sections of Greenburgh, especially on Rt 119. Regrettably, The Paul and his cohorts, from his Stepford Board to the developers to other politicians, all believe in a master plan that includes blacktopping our green space.

Many projects throughout the Town exemplify this endorsed densification. Planning Commissioner Thomas Madden, knows where his “bread is buttered”. Not only does he go along with The Paul’s plans, he goes beyond them. He pursues every avenue to help create larger and more grandiose plans throughout the Town. Residents will find Madden routinely endorsing plans that will add to his job security and eliminate our suburban Greenburgh into a more urban one. Stop and Shop on Rt 119 and Brightview Assisted Living in Glenville are obvious ones that come to mind.

Changing the zoning in the Town at the whim of a developer’s request has allowed The Paul to give away our green space, congest our neighborhoods, lessen the attractiveness of purchasing a home in the Town, increase traffic, flooding and overwhelm an outdated and beleaguered infrastructure. The latest example of this is the zoning change requested by the Brightview Assisted Living Center in the Glenville Neighborhood. ABG has previously written about this particular issue. In short, Brightview is utilizing a lack of definition in our zoning code for Assisted Living in hopes of getting a “custom made” zoning change that will benefit them.

There are several issues at stake with this. First, the Comprehensive Planning Committee, which was tasked for developing a Town Comprehensive Plan, continually has new requests asked of it, forcing their Comprehensive Plan to be delayed for submission and adoption by the Town. Second, each time another task is requested, the Town Board proceeds with any changes it pleases to keep the developers happy. This thwarts any benefit we might get if our Comprehensive Plan was presented and approved. Third, it’s currently overdue with no visible submission date on the horizon.

Spot-zoning is illegal. Simply, spot-zoning is when the Town Board changes the zoning for a particular project, developer, neighborhood or parcel of land. This is routinely done throughout the Town by The Paul and his Stepford Board. Again, it is illegal. We’ve witnessed spot zoning for numerous projects such as for Stop & Shop in Glenville, Westhab in Fulton Park, Dromore Road and Central Avenue in Edgemont, soon-to-be for sports bubbles in Veteran Park and at 715 Dobbs Ferry Road and Assisted Living Centers in Glenville. If The Paul wants it, it will happen. ABG recognizes the need for some change and the right for property owners to do what they desire with their property. But there needs to be a balance of uniformity and conformity within Town guidelines when this is done to maintain a level of attractiveness and functionality within the Town. That’s what our planning and zoning regulations should do. Yet, with The Paul and the Stepford Board subverting them, the planning and zoning boards are impotent to stop them.

With the Town zoning in place, when an owner/landlord/developer wishes to use the property for a proposal the zoning does not allow, property owners and/or developers are required to go to the Zoning and Planning Boards and request a variance or change. Most often, this is exactly what happens for an owner or landlord. And, depending on the proposal, they may rightly be refused their request until concessions and accommodations are made to conform with the zoning. There are many reasons for refusal by numerous Boards. Sometimes, the refusal is based on size (too large), style (doesn’t blend), traffic (increases/hinderances/flow) and the like.

When it’s for an individual homeowner, or small landlord, they are tasked with redoing their plans and proposals at their own additional expense and re-applying to that particular Board. When it is a developer asking, and they are refused, they simply confer with The Paul behind closed doors. When they emerge with their marching orders, they’ll all dance the dance as required by The Paul and present their proposal to the Board with soft, attractive water color renditions with the lovely landscapes to his “go-along” Board. From there, the developer’s game is in play. The Board will vote to become the lead agency and begin the sham approval process – regardless of what’s wrong with the project.

As was done with the Hebrew Hospital Home of Westchester, at 61 Grasslands Road, The Paul told them they could receive site approval to add buildings to their site if they donated a fire truck to the Fairview Fire Department. Once Rescue 3 was ordered and delivered (since replaced), site approvals sailed through the Town Board like beer flows at an Octoberfest! When The Paul told the Fortress Bible Church to donate a fire truck to the Fairview Fire Department, they said, “No!” Not surprisingly, Fortress Bible Church began receiving no site approvals and the internal departmental run-arounds that residents are so used to. Ultimately, with no additional fire apparatus in the offing, no site approvals took place and nothing could be built. Fortress Bible Church refused to play “FeinerBall” and sued the Town on seven counts AND WON! The Town went to an Appeals Court and again Fortress Bible Church WON! One of the reasons The Paul claimed against the Church was the increased traffic and safety issues it would cause on Dobbs Ferry Road. If this was an issue then, why did he not see it as an issue for the proposed GameOn 365 property across the street which promised more traffic?

The Town’s Zoning and Planning Boards are appointed positions by The Paul. Perhaps this would be okay if The Paul and his Stepford Board were not part of the process. The Zoning and Planning Boards can only make recommendations to the Town Board as the lead agency. Subsequently, when the Zoning or Planning Boards make a recommendation to the Town Board, it is just that, a recommendation and no matter how competent, correct, caring or pellucid either of these Boards are with their information, the Town Board is not bound by it. Whether it involves receiving a piece of fire apparatus or not, the lead agency moves ahead with more developments throughout the Town. The increased densification of the Town needs to stop. Projects that increase our impervious space are not helping the Town’s residents who routinely get flooded in normal rain storms. The aging infrastructure, ignored by The Paul for his entire 20-plus years tenure have left the Town residents hurting. The illegal actions of The Paul and his Board have taken it’s toll. It has to change. We can only hope.