Legalizing Spot Zoning in “Grayburgh”

There’s a push throughout Westchester County (White Plains, Armonk, Mt Kisco, Croton) and specifically in the Town of Greenburgh by developers to push legalized spot zoning by creating what is known as “Floating Zones.” Spot zoning is the illegal changing of zoning to benefit someone or some group. This has been done repeatedly by Mr Feiner and his various boards during his lifetime tenure as Supervisor for the betterment of, not a neighborhood or a residential taxpayer, but for the many developers who have cozy relationships with Mr Feiner. There are other things he does as well that if not illegal, are at least unethical. But for now, we’ll focus on Floating Zones.

There are many projects underway in Greenburgh. The Floating Zone concept wasn’t created by Greenburgh developers but is certainly embraced and pushed by attorneys for the numerous proposed assisted living facilities they seek to build, flip, and go on to the next one. Floating Zones also legalize (and legitimizes) all of Mr Feiner’s past spot zoning and that is why he endorses it, as do his Town Board and his Planning Board. Keep in mind that Town Board members are required to play along with whatever he wants or be jettisoned, also known as being “Sonya’d.”  Former Councilwoman Sonya Brown was dropped from the Feiner ticket once she stopped drinking the Feiner Kool-Aid and began actually representing the residents and not going along with what Mr Feiner wanted. The Planning Board, Zoning Board of  Appeals, Ethics Board, Recreation Board and all other Board’s members are hand-picked by Mr Feiner and ratified by his Town Board. 

These projects are designed to keep the public off-balance by having multiple conflicting meetings and no ability to have input, allowing these Boards to operate with veritable anonymity. Recently, Planning Board Chair Walter Simon told residents at a property walk-through for the proposed Maplewood Assisted Living Facility property on West Hartsdale Avenue that this was an informational meeting for the Planning Board members and not for the public. So the public was not allowed to ask questions! This is part and parcel with how the Feiner administration is choosing to work now that they’ve been emboldened by winning the last election. They are doing more and more to silence the public. It’s apparently working. The last Town Board meeting found five or six residents in attendance.

Now the Maplewood project developer is requesting a variance to lengthen their proposed building, hot on the heels of the Elmwood Country Club mega-housing development. Elmwood developers are looking to down-zone the former country club from R30 to R20. This would allow them to get a second zone change to create a Planned Unit Development (PUD), so they can build 175 Condominium Town Houses for seniors. That’s the only way for the developer to build Town Houses in a residentially zoned property. They are also looking to donate 14 unusable for housing acres in lieu of having to contribute into the recreational fund as required. But they want the entire acreage to be counted so they can develop more units on the property than they should, basing it on the total 106 acres, not the 92 it would actually be.

The next Assisted Living facility has been proposed once again by the Brightview Corporation and will be built roughly opposite the main entrance to Westchester Community College on Grasslands Road in Mt Pleasant. This is also across from The Grove and the Hebrew Home. This will be another 55-year old or older residential facility. This is important because the developers use senior housing as a major selling point. By housing seniors, there will be little if any kids going into or affecting the school system. The last facility Brightview built in Greenburgh was stuffed into an undersized lot in Glenville on Rt 119 and Benedict Avenue, completely overwhelming that neighborhood. Brightview attorneys also crafted the Town’s Assisted Living Facilities law, crafted around their above mentioned facility. Quid pro quo? Unethical behavior? Not at all -- this is the norm in Greenburgh.

Mired in a legal quagmire is the Dromore Road proposal(s) which has been said to have morphed through many iterations starting from luxury apartments to currently affordable housing. It is, in some small part, the project highlighting the Edgemont Community’s desire to incorporate and break away from the mismanagement grips of the Feiner administration since all other previous attempts have failed. And yet, while all efforts to incorporate have been thwarted by Mr Feiner, accentuating the Edgemont Community’s rationale in seeking incorporation, the Dromore Road project has dragged on and on in the courts. To date, the Town has spent $2.9 million dollars in legal fees in defense of their mismanagement!

Okay, getting back to why spot zoning is so critical to the Town and in particular, these developers. First, no one living in their home, which they purchased with the understanding that their residential neighborhood would remain just that, residential, ever thought that the Town would randomly change their neighborhood’s zoning at the whim of a developer. Second, the 7-years-in-the-making Comprehensive Plan, a document that many believe falls short of truly mapping out a future vision for the Town, had quite a bit of resident input which asked for more green space, less large buildings, more walking ability (10 pedestrian accidents so far this year in Greenburgh) and biking ability. Third, not being held hostage by developers who come in after their private meeting with Mr Feiner and announce that if the Town and the neighborhoods have demands that they will leave. Fourth, we have a zoning code and a Zoning Review Board of Appeals for a reason. By changing over to Floating Zones, we effectually negate any Zoning Code and Comprehensive Plan.

In fact, the Conservation Advisory Council (CAC) believes that the Metropolis Country Club proposal for a Continuum of Care Facility (CCF) “impairs the integrity of the Town’s Comprehensive Plan, and has serious adverse consequences on residents’ expectations regarding zoning in their neighborhood. Moreover, the proposed criteria for CCF’s is totally out-of-keeping with the criteria for Continuing Care Retirement Communities, a similar type of senior housing. With respect to siting a CCF at the Metropolis site, the application can proceed without adopting a floating zone. It may be able to proceed without any Zoning Code amendment at all or only a simple definitional amendment.”

Mr Feiner, his assorted Town Boards are caving in to the developers and special interest groups looking to build their Assisted Living facilities, hand them off to a management company and then disappear until the next postage stamp parcel becomes available for them to over-develop. Should this be allowed to continue? Of course not. But this is Mr Feiner’s modus operandi. Meet with the developers, tell them what they need to do and once completed get record-setting and speedy approvals. Does Greenburgh need this many assisted living facilities? Doubtful. Will you be able to afford to live there? The minimum costs we’ve all seen so far has been around $7,000 per month. Once you run out of money, then what? Mr Feiner is all but turning Greenburgh into “Grayburgh.” This is not a good transformation for our Town and has to change. It’s the only way we’ll get A Better Greenburgh.

Sweaters For Soldiers - Nov 1st Through Veterans Day Monday Nov 11th

Passing of Barry Matthews

Barry W. Matthews
1953 - 2016

Barry W. Matthews 63, of White Plains, N.Y. and formerly of Greenburgh, N.Y. died on Oct.8,2016. He was born on Feb.24,1953 to the late William and Mary Matthews in White Plains, N.Y. 

He was a retired Deputy Chief with the Fairview Fire District, retiring in 2009 after 29 Years of Service. Barry was a proud member of the Westchester County Firefighters Emerald Society Pipes and Drums. 

He is survived by his devoted wife, Bernadette (Bonnie; nee Voelkel)Matthews of White Plains, N.Y. and by his loving children, Brian (Elizabeth) Matthews of Yorktown, N.Y. and Megan Matthews of Valhalla, N.Y. one brother, James (Debi)Matthews of Yorktown, N.Y. also survived by his three cherished grandchildren, Tara, Fiona and Brendan. Predeceased by his brother, William Matthews. 

Reposing, Hawthorne Funeral Home on Monday and Tuesday, 2-4 and 7-9 PM. Funeral Mass, Holy Name of Jesus Church, Valhalla, N.Y. on Wednesday, 10 AM. Interment, Mt Calvary Cemetery, Greenburgh, N.Y. In lieu of flowers donations to New York Police and Fire Widow's and Children's Benefit Fund P.O. Box 26837 N.Y., N.Y. 10087 would be appreciated.

HAWTHORNE FUNERAL HOME
21 West Stevens Ave.
Hawthorne, New York 10532
914-769-4404

Reprinted from the Journal News

Town Board’s Decisions Hurting Businesses

In another recent email blast, Mr Feiner all but admitted he and his Board have helped to hurt business along Central Avenue. He said, “The Austin Ave & Ridge Hill developments have hurt businesses located on Central Ave. And the soon to open up Rivertowns Square shopping plaza off the Saw Mill River Parkway will hurt local businesses even more.” Mr Feiner has never met a major project or developer he has not endorsed or supported. While these two examples were not approved by he and his Board, the Unincorporated Town is full of similar projects, showing his largess to developers by his actions. Although there is now one he's gone against, The Jefferson in Ardsley.
 
More importantly, many residents, business owners, the G10 and others concerned with all of the regulations, fees, fines, permits, etc., that business owners are faced with from the Town have warned of the ill-effects it will have on not only our retail businesses, but our service industries in general. One example several years ago was when the Town Board directly tried to create a fine through a “new regulation” addressed specifically against the Apple Farm.
 
It seems that one of the Board members had gone to the Apple Farm and saw the flimsy wooden and/or cardboard crates stacked on the sidewalk after being delivered that morning. Seizing on an opportunity to balance the Town’s budget given its lawsuit payments and fines, a discussion about safety ensued. Of course the end result was a new regulation with a fine. This was never about safety. And, the sidewalk is on private property and doesn’t even fall under the aegis of the Town.
 
There is little left in our Town that isn’t taxed, regulated, or fineable, has a fee attached to it or allows for simply something you can do without government overreach fondling our wallets. And when there does happen to be something not regulated, requiring a fee or is, perish the thought, free, there’s a politician researching how to write a new bill to allow government to tax it! Is it any wonder people are voting with their feet? But, it turns out Greenburgh is not alone.
 
The City of White Plains released their proposed budget several days ago. As do all politicians, they bemoaned the NYS 2% Tax Cap as the cause for their financial woes. The reality is the tax cap is superficial and the real issue is their lack of budgetary and financial savvy. Let’s take a look at a few of their budget changes. The low hanging fruit, if you will, are the successful businesses that won’t do more than balk a bit and then pay up. Case in point is the Cabaret Licensing that was just approved by the White Plains Council to the tune of a 400% increase from $500 per year to now $2,500 per year! In White Plains these cabaret licenses must be renewed yearly, effective July 1, 2016. Although, come election-time, you’ll hear them all profess, “I’ll fight for you!”
 
According to White Plains Common Council President James Kirkpatrick, “But we had a ridiculously low tax cap this year — one tenth of one percent — and we haven’t raised some of these fees in a long time.” So, there you have it, a valid reason to increase fees 400% - simply because it hasn’t been done in a while. He claimed that cabaret licensing required a significant amount of work by city staffers to review and administer these applications. Hello? This is why you have these staff members, to do the City’s work, review applications and paperwork. Why are some taxpayers being taxed a second time and forced to pay twice for services?
 
The state tax cap has limited the amount of money local governments can raise through taxes to two percent or the rate of inflation, whichever is lower. For Greenburgh it is about the same as White Plains, which is 0.12 percent. However, all these various Boards must do is vote to go beyond the tax cap and then they can do whatever they feel the need to do. The real problem is fear. None of them want to be the bad guy who voted openly to raise taxes.
 
Fee increases are also coming for eateries that provide sidewalk seating and service during the spring and summer. Those businesses currently pay $7.50 per square foot of public sidewalk that is used. Beginning July 1, the rate will be $8 per square foot. Coin operated laundries in the city will see their annual licensing fee escalate from $50 to $150 for those with 30 machines or fewer, and from $100 to $250 for laundromats with 31 or more machines.
 
All businesses will be charged more for alarm permits, with the annual license renewal doubling from $100 to $200 a year. Businesses will also see an increase in the cost of the annual fire inspection required by city fire code, from $4.20 per $1,000 of assessed value to $5 per $1,000 — a 19 percent increase.
 
Most business owners never saw it coming. Commuters and residents won’t be spared from fee increases either, with the price of city parking permits going up by varying amounts, depending on type of permit and location of the lot or garage. The residential alarm permit application fee remains the same at $50, but the annual permit renewal cost has been doubled from $25 to $50. Also going up, from $7.50 to $10, is the cost of obtaining a police accident report. The price of a police Good Conduct certificate, which is sometimes requested by potential employers, is rising from $5 to $25. Look around in White Plains when you are searching for a parking space. There is no place you can park for free. Frankly, many have stopped shopping in White Plains for that reason alone.
 
So why does all of this matter? It’s simple really. Again, in his daily email blast, where Mr Feiner discussed Austin Ave & Ridge Hill developments and the impending Rivertowns Square shopping plaza off the Saw Mill River Parkway, his solution is to shut down one lane or one side of Central Avenue and treat it like a street fair once a month. Not only is this absurd, it would be a logistical nightmare from a safety, traffic, travel and crowd control standpoint. Frankly, it’s not a solution, it’s another Feiner deflection away from the real issue – over-development. Plus, all we need is one senior to drive the wrong way or get confused and turn into the wrong area and it was all for naught.
 
Here’s a better idea. Plan a budget that works within the amount of money the Town takes in through all of its current revenue streams. Then start reviewing those that have been inactive, unused or ignored and delete them. Then begin to incorporate a Comprehensive Plan for each city, town, village and community and adhere to it. Most important, however, is to have the politicians, who know nothing about operating a successful business, get out of the way of business and let them do what they do. They are the experts and they will figure out the solution.
 
Finally, Mr Feiner, as you approve these major building proposals throughout the Town, you have been told by many how these projects will affect business. Sadly, while you and your Board refuse to listen, many residents, especially those with kids, are too fearful to take a bike ride on our streets because you have over-developed the area and there is just too much traffic. There is no cohesive planning to develop and more importantly maintain walking and biking throughout our Town. Why fix it when you can talk about it? This has to stop. Only then will we get A Better Greenburgh.

Best Market Opens To Favorable Crowds

Mega supermarkets seem to be today’s norm. The Super Stop and Shop on Rt 119 near the borders of Elmsford and Tarrytown is the latest testimony of this. While it is certainly huge and offers a tremendous selection, there are days when you just need a few basics or just a bit “more”. The Apple Farm, also on Rt 119 nearer White Plains, is focused primarily on produce, fish and deli items, and always seems to be busy. H-Mart offers a more specified focus to the Asian community and it too is usually busy.

Sustaining what could be termed “regular” supermarkets in our area has proven to be a challenge at the very least for the A&P. Fraught with issues of sustainability and viability for years, the Great Atlantic and Pacific Tea Company again filed for Chapter 11 bankruptcy for its Westchester (and then some) based stores. The A&P franchise included the brand names A&P, Food Emporium, Pathmark, Waldbaums and others. However, the stores at the crux of this bankruptcy were popular in our area and impacted many people when they were closed.

Smaller food retailers seem to thrive when focusing on a specific market. Turco’s in Hartsdale did well for years. After they decided to close and focus on the northern demographic, Morton Williams took over the space. Owned by ShopRite, with several stores of the same name in NYC, they never seemed to catch on as Turco’s had. Having a limited run, they soon closed as well. Finally, Mrs Green’s, a natural and health food store closed their smaller Scarsdale location and opened in this location. Alas, their fate was predetermined as the health food market was not a viable one at this new location.

After a quick makeover of the store, the new owner of the space, Best Market, stocked shelves, cleaned and put their touch onto the facade. They have not only moved into the same space as the previous food retailers, but they’ve made a great first impression! Visiting the store has seen lines at the cash registers as their new employees master the checkout systems. Assisted with senior personnel, the lines kept moving. Walking through the store found a good mix of reasonable prices as well as somewhat higher, although not prohibitive prices for certain items.

Everyone in the store seemed to enjoy that the staff was friendly and seemed interested in helping those looking for assistance. ABG staffers visited the deli department and were asked by a younger employee how we liked the store? Whether this was instructed to the staff or he was genuinely interested didn’t really matter. He came across as sincere and sparked a bit of a longer conversation. Regardless of why the conversation took place, he represented the store and his employer well!

Judging on the crowds, the positive chatter throughout the store and a varied selection with good pricing that should engage the neighborhood, we are hopeful for a long and prosperous run for Best Markets. It’s helping to make A Better Greenburgh.

White Plains Jazz Fest

For ticket information please visit: www.artsw.org/jazzfest     PARTICIPATING RESTAURANTS for SUNDAY, SEPT 8th: Buffalo Wild Wings, 1 Mamaroneck Avenue, www.buffalowildwings.com Elements, 161 Main Street, www.elementswhiteplains.com Fair Deal Cafe, 253 Mamaroneck Avenue, www.fairdealcafe.com  Famous Famiglia, 5 Mamaroneck Avenue, www.famousfamigliawp.com  Lilli Pilli Health Bar, 240 Main Street, www.lillipillihealth.com  Legal Sea Foods, 5 Mamaroneck Avenue, www.legalseafoods.com  Panera Bread, 1 North Broadway, www.panerabread.com ShopRite, 13 City Place, ShopRite Sofrito White Plains, 175 Main Street, www.sofritowhiteplains.com The Iron Tomato, 57 Mamaroneck Avenue, www.theirontomato.com  The Iron Shaker, 49 Mamaroneck Avenue, www.theironshaker.com The Melting Pot, 30 Mamaroneck Avenue, www.meltingpot.com/whiteplains Turkish Cuisine, 116 Mamaroneck Avenue, www.turkishcuisineny.com Vintage, 175 Main Street, www.vintagebar.net

Can He Ignore Them Now?

Residents have been complaining about The Paul’s actions for some time. The G10 pointed out the property’s history having been a dumping location for the White Plains Urban Renewal when that downtown area was being renovated and The Paul ignored them. When the G10 pointed to deficiencies in the environmental study that was proposed, The Paul ignored them. When the G10 pointed out the violation of county and state laws regarding the acquisition of foreclosed properties, The Paul ignored them. When the G10 pointed out that the zoning was residential, not commercial (and knowing he could change it at his behest) The Paul ignored them. When neighborhood residents objected to an 8-story-plus size building on the property, The Paul ignored them. When a developer speaks, The Paul is all ears. When the community speaks, The Paul ignores them. 

The Paul foisted a Greenburgh Town referendum onto the ballot to approve or disapprove the private enterprise’s profit-making sports bubble on 715 Dobbs Ferry Road the day of the election. The Paul stated that the resistance to the sports bubble was nothing more than an exploit by the House of Sports of Ardsley, a new brick and mortar sports facility, whose motive was to fight future competition. They claimed not, stating they welcome the competition. One ABG staffer showed us two mailings she received and a neighbor received from GameOn 365 and pointed out the address label. It was identical to the “layout” when she receives a Town mailing or a campaign piece from The Paul. Her maiden name as it appeared on their home’s deed years ago is what tipped her off. It’s the same for everything she receives from the Town. It’s the only thing she ever receives via US Postal mail with her maiden name.

The Paul rounded up the usual suspect to speak on behalf of the GameOn 365 deal and even offered both sides the opportunity to air a ten-minute video touting their “side”. The two videos could not have been more contrastive. The GameOn 365 video was a slick, vacuous show of pictures with kids playing soccer and seniors being interviewed. In fact, their video even mentioned that voters should flip the “new” 1800’s era ballot over to vote for the proposition. How did they know it would be on the back? Possibly because they did their homework or probably because The Paul coached them as to what to say? The opposition’s video was chocked full of information and facts as to why the Referendum should not proceed. While the count for the two video’s viewing was disparate, it wasn’t enough to sway the vote – which is what The Paul calculated.

The Paul is a shrewd and cunning politician, while fostering the disheveled, unkempt goofball persona. He knew putting this ill-fated idea to a referendum would silence critics whose argument had been to put it out to a referendum. But once The Paul stuck his hand into the referendum mix, he screwed up what may have been a good thing had been done properly. Since it wasn’t done properly, a lawsuit filed by numerous corporations and individuals will be all that is left to save the residents from a dispossessed and impoverished Town Board. And, once in court, The Paul will argue that the referendum passed and the suit should be dismissed or found in his favor because less than 1% of the people spoke. If The Paul loses, he’ll use his standard “battle cry” that this judge doesn’t like him, or it’s a blow to democracy and/or the people. He’ll then begin a new deflection campaign.

In the end, the simple fact is The Paul doesn’t listen to his constituency. He caters to developers and is slowly eroding the Town’s charm and beauty into something most people do not want. The infrastructure has been neglected and ignored to the point of major concern in all neighborhoods with the exception perhaps his own gated community. It’s hard to know just who’s interest The Paul has but so far his history has proven it to be the developers. Perhaps it’s time for the Town to hire a Town Administrator, reduce the Supervisor’s salary, and get the Town on the right track. We can only hope.

Stop and Shop or Stop and Steal?

The new 67,500 square foot Stop and Shop Super Center store will be opening this week. The location of the new supermarket is actually where the old Premier Theater had been located many years ago. The difference today is when the theater had been there, with the amount of impervious space it had, there weren't any other buildings in the area. Water drainage was not a problem back then! According to The Paul, and we quote, “Unlike many development application projects that experience significant opposition from the community - this supermarket had an enthusiastic group of immediate residents behind it from day one. I received many calls and e mails from residents expressing a desire for a quality new supermarket.” It's only a true statement when you study how the question of the new Stop and Shop was posed. 


When asked if people would favor a new supermarket offering? The answer was usually yes. Would you be in favor of a new super center style supermarket with a larger variety? Larger variety? The answer was yes. So, as people were polled about a new supermarket, the carefully asked questions guaranteed certain positive answers. No one was asked if closing the existing Stop and Shop would impact the neighborhood negatively. No one was asked about the amount of impervious space that would be created, affecting the water runoff in the already saturated and heavily flooded areas – except the Glenville Community Association, the Babbitt Court Residents and the business and home owners along the 9A and Rt 9 flood zones along with the G-8. 


Many in Tarrytown’s Rt 9 and surrounding area who were able to walk or bike or take a bus  to the existing Stop and Shop (formerly First National, and then Finast) were vociferously against the new Stop and Shop! The Paul prefers to ignore this in his post. Once the existing Stop and Shop closes, the space will be used for yet another CVS. Apparently, we don't have enough drug stores in the area. We have nothing against CVS, but there is a claim that they will have an “expanded convenience food department”. What, more Twinkies?


Also in the mix, as part of Thomas Madden’s job security initiative, are plans to create an assisted living facility nearby. This effort, along with The Paul’s devaluing of the Unincorporated Town space, has been proposed to create multiple apartment buildings, actually twelve, along the Rt 119 corridor. This all dovetails into the proposed train, bus, car corridor they plan to develop Rt 119 into with the expansion of the Tappan Zee Bridge replacement.


An issue ABG has with this expansion is not to utilize mass transit in the area, but we are a suburban area they are trying to develop into a more urban setting. There will condemnations and eminent domain utilized to take over homes and businesses properties to make this happen. The goal of the  separate elevated bus route is to have a bus stop for pickup/drop offs at all of the bus stops every five minutes and then have the buses all exit (near exit five of I-287) onto Rt 119 and proceed to the White Plains Transit Center. After this visit, it starts all over again. If you think there’s congestion on Route 119 now, just wait!


The Paul has assisted in closing two major supermarket outlets. While we recognize he didn’t do it alone, the soon-to-open HMart in the old Pathmark location will serve a limited clientele. That’s okay. But the A&P that closed in the Crossroads Shopping Center is continuing to devalue that neighborhood. As the store stands vacant, and falls into disrepair, fewer new tenants will be interested in revitalizing this store or the neighborhood. Unfortunately, it’s the neighborhood’s residents that suffer. Since The Paul and his Stepford Board have declared the Manhattan Avenue area low income in perpetuity, ABG believes little will be done by the Town to improve this area - stealing it’s future. We can only hope!