WestHelp Fiasco Has Gone On Far Too Long

ABG has previously posted the arguments as well as the illegal actions of The Paul toward the WestHelp facility as he tries to buy votes from the Mt. Pleasant/Valhalla N.I.M.B.Y. crowd. The Paul and his Board has purposefully allowed viable, structurally sound apartments that he in part, authorized, endorsed and even helped build while a County Legislator, fall into disrepair. Now, as Town Supervisor, he has changed his tune with affordable housing, claiming we have a glut of affordable housing in Greenburgh, and is doing a 180° reversal, insisting we tear down this affordable housing!

At a forum meeting sponsored by the N.A.A.C.P. last week, he showed his true colors by making racist remarks and insulting the members in attendance and the work they did years ago to get these apartments built! Visibly stunned after being held to task for making his comments, he stammered to come up with a tolerable answer. The audience wasn’t buying. You can read more on previous ABG posts, “Feiner Insults N.A.A.C.P.” in two parts.

There was a “Contacts” sheet provided at the meeting and we’ve had requests from our loyal readers for that information so they could reach out to our elected officials regarding this travesty that has gone on for far too long. ABG is happy to oblige.

Here is the contact information:

Town of Greenburgh:
Greenburgh Town Hall, 177 Hillside Ave., White Plains, NY 10603

Greenburgh Town Supervisor Paul Feiner: pfeiner@greenburghny.com; 914-993-1540

Town Council members (914-993-1544 + Ext.):
Kevin Morgan: kmorgan@greenburghny.com; 914-993-1544 x 3
Diana Juettner: djuettner@greenburghny.com; 914-993-1544 x 2
Francis Sheehan: fsheehan@greenburghny.com; 914-993-1544 x 4
(Note: Sheehan repeatedly & openly states at meetings he does not read emails)
Kenneth Jones: kjones@greenburghny.com 914-993-1544 x1

Westchester County

Westchester County Executive Rob Astorino, 148 Martine A ve. White Plains, NY10601
914-995-2900

Westchester County Board of Legislators
800 Michaelian Office Building 148 Martine Avenue, 8th Floor White Plains, New York 10601
Main Tel: (914)995-2800;

Chairman Ken Jenkins
995-2829

John Testa, Peekskill
995-2828

Peter Harckham, Bedford, Majority Leader
995-2810

Michael Smith, Greenburgh
995-2847

Michael Kaplowitz, Somers
995-2848

David Gelfarb, Rye
995-2834

Bill Ryan, White Plains
995-2827

Judith Myers, Mamaroneck
995-2802

Alfreda Williams, Greenburgh
995-2833

Catherine Borgia, Ossining
995-2812

Sheila Marcotte, Eastchester
995-2817

Jim Maisano, Minority Leader, New Rochelle
995-2826

Mary Jane Shimsky, Greenburgh
995-2821


Lyndon Williams, Mount Vernon
995-2837

Bernice Spreckman, Yonkers
995-2815

Gordon Burrows, Yonkers
995-2830

Ken Jenkins, Yonkers, Chariman
995-2829

Virginia Perez, Yonkers
995-2846

New York State
NY State Gov. Andrew Cuomo
Governor of New York State
NYS State Capitol Building
Albany, NY 12224
(518) 474-8390

Representing Greenburgh in Albany:
State Sen. Andrea Stewart-Cousins,
28 Wells Avenue Building 3

Yonkers, NY 10701
914-423-4031

Assemblyman Thomas Abinanti
303 South Broadway Suite 229 

Tarrytown, NY 10591
914-631-1605

An Excuse to Perpetuate Illegal Offers

ABG has just acquired two letters (below) delivered to the Town of Greenburgh in advance of the impending Town Board Work Session slated to be held on Tuesday at 9:30AM. The scheduled meeting would invariably not start on time as the audience members, applicants and viewers would be forced to wait until the Board finally shows up. The work session meetings, which typically never start on time, would have included several topics that are generically listed on the posted agenda on the Towns website. But the waters had gotten even murkier for The Paul in short time. Subsequently, while the Elm Street Sports proposal for double the amount GameOn 365 offered, was slated to be discussed, The Paul was running scared and eliminated it by canceling the meeting!

Because Councilman Morgan had a funeral to attend, The Paul thought it appropriate that Town business be halted and foregone because one Board member would not be present. While we appreciate the sentiment, the Board should meet and carry on the Town’s business – less one. It didn’t seem to stop them at all when rookie Councilman Ken Jones was sick for several meetings that were slated to contain votes on the GameOn 365 proposal. ABG believes Jones decided to take some “sick time” to avoid having to take a position on the various GameOn 365 votes, which we hope he, along with many others of the public, recognized as illegal and more importantly, unethical. Too bad he wasn’t there to vote his conscious – something this Town has been missing for numerous years under The Paul’s rule.

If you have followed the GameOn 365 debacle for the last two years or so, you know that The Paul was exposed to having secretly met with GameOn 365 owners to broker a secret back-room deal for the former Frank’s Nursery property at 715 Dobbs Ferry Road. During this time, the Elm Street Sports Group, owners of the House of Sports Facility of Ardsley, NY, had purchased the property at 2 Elm Street, in Ardsley. This had been a former tennis facility and the home of Selecto, a food distribution warehouse which suffered a catastrophic fire years ago and the death of an employee. Selecto would never return to the location. With the purchase, renovation and opening of House of Sports, they have added to the Ardsley landscape, infused the tax base and vitality of an otherwise languishing local economy.

To ensure GameOn 365 every advantage and unfair “edge” they might need to build their proposed “sports bubble”, The Paul stacked the deck in GameOn 365’s favor. He agreed to a proposed fifteen year lease for the knowingly contaminated site, aware it was the acknowledged White Plains Urban Renewal dumping site! When area residents contested The Paul’s strategy with a lawsuit, following his own advice (“If you don’t like what I’m doing, sue me!”), he changed tactics and finally decided to follow the law. Simply, the law states that the supervisor must sell any land acquired through foreclosure, or use it for Town purposes if they decide to keep it. Morally bereft and challenged, our Town Board decided their spines, and political careers, should remain out-of-play. So they went along with The Paul to get along and not be “Sonya’d” out of their generous part-time jobs.

Interestingly, the Town had a property appraisal recently performed for 715 Dobbs Ferry Road and the amount of the appraisal was the amount that GameOn 365 was offering! Hey, wait a minute... is it possible to to stack the deck any more than it already is? Well, The Paul tried. Since The Paul’s illegal actions were bad enough, Elm Street Sports decided to up the ante, so to speak, and took a page out of The Paul’s playbook. They made an public offer to the Town to also purchase 715 Dobbs Ferry Road for roughly double what the GameOn 365 organization offered the Town! The difference between the “real business” that Elm Street Sports operates versus the “paper business” GameOn 365 talks about, is that GameOn 365 is still searching for investors for business model that GameOn 365 hopes to operate with someone else’s money. Elm Street Sports has the capital to purchase and remediate the site now. GameOn 365 is a pyramid scheme designed to operate only after they raise the money necessary to purchase for their possible business.

While the choice over which proposal should be accepted is obvious to the vast majority of people, one speaker at the last Town Board public session stated that he overheard a conversation where Town Attorney Tim “Remediation” Lewis stated to the effect that while the Elm Street Sports proposal might be better for the Town, they gave their word to GameOn 365. While giving and sticking to one’s word is laudable, this was one wrong, illegal and unethical move after another for a project destined for failure under the law.

This new opportunity affords the Town Board a facility to right many wrongs, whether intentional or not (ABG is being generous). The Town has lost about $1.5M in taxes on that property. The offer for $1.5M in total from Game On 365 only negates back taxes. In effect, the Town is giving them use of the land for free. The proposal from Elm Street Sports pays the $1.5M in back taxes and gives the Town a profit of $1.5M. And, while GameOn 365 was positioned to appear to pay for remediation of the property, they simply do not have the money to do so, cannot raise what will be needed, and have the opportunity to exit the deal when things get too problematic for them. All of the money that will be needed for the remediation will be provided by Elm Street Sports, something GameOn 365 won’t agree to. This is a no-brainer – even in Greenburgh.

It is incumbent on the Town to accept the best offer for the residents of the Town, regardless of how much “keeping your word” can be used as an excuse to perpetuate illegal offers. Elm Street Sports’ offer is in the best financial, ethical, zoning, planning and neighborhood-centric interests of the Town and the community. Another obvious solution out of this predicament is a legitimate sale process with a new RFP. ABG urges the public to contact The Paul and the Town Board with phone calls, letters and such to let them know you support Elm Street Sports’ proposal or a new RFP. Giving and keeping one’s word is only important when the word is for something legal and morally just. Let’s hope the Town Board understands the difference. We can only hope.

Letter from Elm Street Sports:

Letter from the Elm Street Sports attorneys:

Feiner Insults NAACP - Part 2

ABG inadvertently omitted several points in our previous post about the forum held by the NAACP on Monday night. We hope to correct that with this post, hence, part 2.

While The Paul had the floor, he bragged about the scatter site housing near Manhattan Avenue that would be torn down to have new low income apartment buildings built in their place. Subsequent to that comment, when Legislator Alfreda Williams had the floor, she correctly pointed out that The Paul has purposely contained almost all of the low income housing in the Fairview section of the Town. And this latest project would just be a further continuation of that policy. She said the result has been the “ghetto-izing” the area! She also correctly pointed out that this is another form of discrimination that appears to have gone unchecked by The Paul.

When the creation of the WestHelp housing was being discussed, formulated and created, this same chapter of the NAACP was a participant group struggling to develop this property as a project for affordable housing. Back then, affordable housing was sometimes considered Welfare Housing and was often met with all kinds of resistance and derision, relegated mostly to the cities. In time, that moniker was eliminated. Regardless of what it was called, the Mayfair-Knollwood Civic Association, as well as several now, high ranking County leaders (Astorino, McCormack, Smith) were, and still are, against the facility as a low income, affordable housing facility. They remain the embodiment of a portion of the Mt. Pleasant/Valhalla’s Not In My Back Yard (NIMBY) crowd! You would hope high-ranking public officials would understand the value this property holds as existing housing?

To Williams’ credit, she also stated that The Paul requested RFP’s for this property. For the uninitiated, that is a Request For Proposal that developers will submit to the Town proposing work to be done. Bidders would like to receive the awarded contract. There were six proposals, with the Ferncliff School being one of them. Ferncliff’s proposal is to tear down the apartments and build a new facility. The others were all proposing some kind of affordable, senior, low-income, municipal and/or emergency services housing. Williams’ point was that after inspection, they all maintained that while the apartments needed various levels of work, these were still well-built, viable and usable apartments that will have a long future of use. This is contrary to The Paul’s statements that these apartments are in such disrepair the facility needs to be destroyed. ABG would like to point out that while these RFP’s were submitted in ernest, they weren’t requested in ernest by The Paul. It was another deflection on his part.

As The Paul rattled off a list of affordable housing in the Town, focused primarily in Fairview, he touted the new soon to be opened Westhab housing facility at Tarrytown and Old Kensico Roads. He lied about working with the neighborhood. He lied about the neighborhood being in favor of the project. He lied when he said Greenburgh’s employees will live there. They will only live there if their name might be chosen from a tri-state lottery. William’s countered with the truth and acknowledged that a resident was in the audience and willing speak to The Paul’s comments. He was never called on to speak.

ABG knows that The Paul had promised the Fulton Park neighborhood something completely different. Some twenty years earlier, when the old property was a former hotel called the King’s Inn, he told the neighborhood that if and when the homeless population were removed by the County, he would want to see a Senior Citizen Living Facility at the site. The neighborhood worked intimately with Westhab and it’s residents to maintain a pleasant relationship. The facility that will be opening in a few months will not have seniors, municipal employees and might have two or three veterans - as promised to the Town Board after they Spot-Zoned the property to accommodate the developer. ABG’s guess it it will invariably be filled with DSS and Section 8 recipients, hardly the senior facility he promised.

While The Paul was a Westchester County Legislator, he was in favor of the WestHelp affordable housing site. Wilson’s one and only question asked of The Paul, was, “Why did you support the WestHelp affordable housing when you were a County Legislator but now as Town supervisor you won’t support it?” The question went unanswered. Time would ultimately be the audience’s enemy and The Paul’s rescuer. Before they could extract an answer from The Paul, the NAACP President was forced to end the dialog as their time for the space had run out and the crowd had to leave.

It was apparent to those in attendance that The Paul insulted the NAACP’s members and good work they have done to create affordable housing in Westchester and Greenburgh. More importantly, The Paul exposed himself as the racist he is when he discussed people of color and the segregated clustering of affordable housing in the Fairview section of the Town! He has ruled the Town for 21 years and while he’s been able to mask his bad behavior with his bumbling persona, his armor has finally wore thin and the chinks are beginning to expose him for what he is. It’s time for him to go. We can only hope.

Feiner Insults NAACP

Dave Wilson of the Journal News was the moderator for the night. The NAACP was the host and a church in White Plains was the location. The forum on Monday night was a sounding board over the low income housing dilemma facing the County and the Town. The panel for the forum was composed of David “Tax Watch” Wilson, Robert Bernstein, an attorney who intervened with retired judge Herb Rosenberg on behalf of the Town to reclaim $1.2M illegally paid to the Valhalla School District by The Paul. Alfreda Williams and MaryJane Shimsky, both County Legislators representing Greenburgh and other communities, were joined by County Legislator and County Executive Candidate, Ken Jenkins. Arriving late, as had been announced to the crowd, was The Paul.

Wilson began the evening with a slide presentation showing the WestHelp facility on the Westchester Community College campus. Bernstein was the first panelist to speak and highlighted several key points that appear to be in violation by The Paul and his Town Board. He read specific sections of the original contract and the case against The Paul seems damning! It basically said that the Town shall maintain the facility and the Town will continue to house low income residents in the facility. Both of those points have been unequivocally violated. Then the three legislators spoke. Jenkins assured everyone that the County is not against Ferncliff, a private company, and is also working closely with them to find an appropriate site for their school. He continued that The Paul should not be pitting the WestHelp property against Ferncliff. Both are equally worthy causes. Shimsky said that WestHelp is a valuable public asset that we cannot let go to waste under any circumstance. She furthered that there is obviously a need for affordable housing in our community. The crowd wholeheartedly agreed. Williams suggested that organizations such as this one could help by continuing to stay involved.

By arriving late, The Paul knew he would have limited exposure at this meeting. If he was lucky, he knew he could bloviate, dance a bit, get his agenda across and hope to be out of there without answering any real questions. After letting The Paul ramble on for about five minutes with an “opening statement”, Wilson asked Feiner one question, “Why did you support the WestHelp affordable housing when you were a County Legislator but now as Town supervisor you won’t support it?” Performing “The Paul shuffle”, he read from a piece of paper all the points he wanted to make, but never answered the question!

One woman in the back row put her head down on the table, shaking her head in disbelief while others could be overheard saying he wasn’t answering the question. After Wilson interrupted him twice and asked him to answer the question, he continued his rambling. We all know this is The Paul’s main deflection tactic. The woman in the back raised her hand and asked why he wouldn’t answer the question. People in the audience wanted substance. The audience was not happy with The Paul’s deflection. They demanded answers. After The Paul claimed that the DSS referred people mostly of color to affordable housing, one gentleman took offense to Feiner’s statement and asked why Feiner would put “people of color” in his statement? The Paul’s response was because he was at a meeting held by the NAACP. This did not bode well with the crowd, who let their displeasure be known.

Without a doubt, this could have been a good back-and-forth session with good questions and perhaps honest answers. But The Paul wasn’t there to participate in an honest dialog. Rather, he was there to campaign. But tonight, the crowd The Paul thought he could pander to wasn’t buying the goods – finally! Overheard after the meeting was the comment that, “The Town has a lot of bad things happening to it because of The Paul’s mismanagement and illegal actions, but we have a lot more good things happening to it too.” We just need to make sure we keep the good outweighing the bad.

To keep the good outweighing the bad, we need to vote The Paul out of office. This meeting may have been one of the first steps toward that end. We can only hope.

Calling In The Troops

As usual, the evenings Town Board meeting started out with about an hours and a half’s worth of wasted time. Patience exhausted, even Mother Theresa might have snapped. The first presentation was from a small group of students from the Xposure program of the Theodore Young Community Center. Their’s killed a half an hour. The Convicted criminal Alan Hochberg and his Citizen’s Committee  members each got up and hammered The Paul’s financial failures, with Hochberg returning to the microphone after each speaker to give a synopsis about that person. The mutual admiration society would have been proud.

Speaker after speaker got up and found fault with the financial operations of The Paul and the Town. As has been said, The Paul lacks the “shame gene” and while he should have been embarrassed that “his” committee ripped his policies apart, he just thanked them. After an hour of this, the Board might not have been ready to move on but the audience certainly was ready to get down to the real business at hand. There were two hearings: one for a Town-wide zoning change to allow Independent or Assisted Living Facilities and while removed from the agenda at the last minute, the GameOn 365 referendum/proposal/“done-deal” brokered behind closed doors by The Paul and his Stepford Board.

Several issues with the Brightview Senior Living Center start with a play on words as to what type of facility they plan to be. Then will they have kitchettes, or a communal dining room; will they accept Medicaid or not? If they do not accept Medicaid patients, will it really be low cost, and will poorer people will effectively be barred from this particular facility? Any future facility built under this zoning code will also be able to block Medicaid recipients, ultimately making these facilities only for the wealthy or those with assets that can be used to purchase entry.

Another issue is the size of not only the Brightview facility in particular but the future commercial structures to be allowed in any tiny residential neighborhood through this zoning change. Since the Town’s Legal and Building departments are incapable of writing a law, and The Paul will not utilize the expertise on his appointed Zoning Board, the Town always counts on the developer’s attorneys to craft and propose the law. The repeatedly experienced problem with this is that the law serves the developer better than it winds up serving the Town. Our Town Board, reliant on Francis “Back Pocket” Sheehan’s pseudo-legal abilities, usually produces sloppy, incomplete and inadequate Town laws. Whenever Sheehan writes proposed legislation for the Town, the G10 typically points out it’s flaws and then in their act of defiance, the Board passes it anyway.

Resident after resident got up to speak against the zoning proposal change mostly for three reasons: 1) it allowed structures to be four stories in the middle of residential neighborhoods throughout the Town; 2) it had setback allowances that would effectively let a parking lot be created to within feet of a private home; and 3) it utilizes state and county roads as a necessary access/egress to the facility. Two Edgemont residents suggested utilizing just a state road instead. Another consensus was that most people favored having assisted living facilities but were against such a liberal granting of neighborhoods to the developers, especially in residential neighborhoods. As Greenburgh becomes more and more congested with structures throughout the Town, we need tighter controls as to how we parcel our land away. We also feel that any structures created should incorporate flood, traffic and infrastructure alleviation since our current administration seems incapable and unwilling to do so.

The other hearing, pulled from the agenda at the last minute, was to be for the GameOn 365’s 83-ft tall sports bubble proposal for 715 Dobbs Ferry Road. Scan back through the ABG site and you can read in detail all the issues with this “done-deal”. Simply, a group of uninvested investors struck an apparent back room deal with The Paul to lease the property before it was acquired by the Town through foreclosure. Several plaintiffs sought a legal solution to this questionable and costly-to-the-Town deal, so The Paul turned around and decided to put the lease on the referendum. Both the proponents and opponents each posted a video on the Town website explaining their positions. The  supporters posted a slick 10-minute commercial. The opponents posted their positions and highlighted why this deal should not be done. The referendum, which was penned to favor approval by stretching the truth, passed. The Paul would go on to say that the people spoke. Actually, about 1% of the Town’s registered voters voted in the election and about two-thirds of them voted in favor of the proposal.

The room was literally split in two: GameOn 365’s supporters on one side and the Woodlands-Worthington neighborhood, the G10 and others sat on the opposite side. Even though the hearing had been removed from the agenda, both sides spoke passionately as to why they were for or against the proposal. The Paul continues to claim this is about one established company trying to stymie competition. The Paul has repeatedly pushed the GameOn 365 proposal after brokering what has been called a back-room, sweetheart, done, under-handed and under the table deal. It will require a zoning change after the property reverted back to residential six months after the foreclosure. The Paul will propose the change without reservation and mandate his Stepford Board to vote it through. They will comply without hesitation.

All the points as to why the proposal should not be allowed were not only impassioned, but logical. The GameOn 365 supporters were struggling to make their case. After all, we have the desire to build a superstructure to play kids games versus homeowners whom have invested in the homes, the neighborhood and the Town trying to save their largest investments. Game on stands to make a proposed $55M through the course of the fifteen-year rent-controled project. But wait, there’s more!

Once The Paul finally realized he would lose the lawsuit on all counts listed in it, he decided to change the deal to a sale, circumventing the court case. But the public voted in a referendum to support a lease, not a sale. No matter, The Paul could legally do this based on the legal requirements for foreclosed property. But wait, there’s more! Since The Paul decided to make this a sale, the House of Sports, located in Ardsley, the supposed “competitor” for GameOn 365, publicly announced they were offering $3.5M for the property! This is twice the money the Town would make from the GameOn 365 proposal! But wait, there’s more. House of Sports also said they would pay for the remediation of the property.

The Paul, never one to accept defeat quietly, did what he always does, he tried to level the playing field (no pun intended) and insist that House of Sports’ offer was not sincere. One of the House of Sports owners got up and said, “I am always serious about business.” Then another House of Sports owner got up and she questioned why the conditions The Paul was saddling on them was not done to GameOn 365? Everybody knows why, but the Board members won’t admit it’s because the House of Sports proposal was not the deal The Paul wanted. Fortunately for the House of Sports, they can meet with all the conditions The Paul throws in their path. During the night, The Paul could feel his grip slipping away. He began texting furiously to have supporters come to the meeting and speak for the proposal. They did. In fact, Town Clerk Beville pushed them to the top of the pile, forcing those who signed up earlier to speak to wait further into the night. That was wrong. Several residents protested. No matter for The Paul, the damage was done.

In the end, the neighborhood and the residents are the ones who will suffer. They will suffer with a bubble the is over eight stories tall. It will increase traffic congestion which will be compounded by additional traffic congestion from the Fortress Bible Church and School once it finally gets built nearby. The glaring issues of The Paul picking and choosing projects he favors, laws being broken, spot-zoning being done all pale to the bad shape the Town is spiraling into. It’s time for a change. We can only hope.

Come Out and Be Heard Wednesday Night

There is the regularly scheduled Town Board meeting this Wednesday night that promises an evening of many topics of interest and legal violations. For the uninitiated, two of the topics will be directly affecting all of the Town residents throughout Greenburgh. The first one is the GameOn 365 debacle that was created through the illegal actions of The Paul and his administration. See the agenda item below in blue:

TB 1 - 1/09/13
Resolution of the Town Board expressing its intent to enter into a Purchase and Sale Agreement ("PSA") with Game On 365, LLC to purchase Town owned property at the former Frank's Nursery site at 715 Dobbs Ferry Road, for $1.65 million dollars for the purpose of constructing and operating a multi-purpose sport facility.
At issue with the bubble is a host of problems that this project creates for the neighborhood which The Paul bypassed by offering to hold an illegal referendum that he touted after it passed during the last election. Saying it was the “will of the people” he is now equally willing to disregard the public’s decision to consummate a rushed sale in hope of averting a scheduled court trial. This bubble sale will still include an 8-story high bubble, multiple leagues and tournaments, with the the subsequent traffic. They’ll install stadium lighting for the two outdoor fields which will contribute a glow to the area, as well as noise and traffic congestion creating a slow degradation of the neighborhood with increased bus and car traffic from the Elmsford, Ardsley, Greenburgh Central 7, Elmwood Day Care and Fortress Bible Schools. You may recall Fortress Bible just won the court case and the Town’s appeal was tossed to a tune of up to $8M. Finally, and more importantly, The Paul will illegally spot-zone this property from residential to commercial at the behest of GameOn 365. Operating within the technicalities of the law, The Paul and his merry band will bypass a Request For Proposal, the SEQRA study, open bids for the land and just hand it over to GameOn 365. Why? It’s what The Paul wants, it’s what he promised and it’s what he will do - residents be damned!

The second issue of importance is the Town is being asked to create a new zoning classification for Assisted Living Facilities that would violate existing zoning for similar facilities that simply doesn’t include the term Assisted Living Facilities. This change would allow four story buildings to be placed next to single family homes throughout the Town without any tangible limitations. This town-wide request is being made by the developer of the Brightview Assisted Living Center who has proposed a four story facility in a single-family residential neighborhood behind the gas station at Rt 119 and Benedict Avenue (across from the Sheraton Hotel). ABG is not against assisted living facilities in the Town. Quite the contrary, we encourage it. But, we don’t want our residential neighborhoods to suffer because of what a developer wants. See the agenda item below in blue:

CD 1 – 1/09/13
Resolution issuing a negative declaration for the SEQRA Determination of Significance by the Town Board of the Town of Greenburgh with respect to a local law entitled “Assisted Living Facilities” amending the Zoning Ordinance of the Town of Greenburgh by adding a definition of “Assisted Living Facilities” and by creating Special Permit criteria for such facilities, (2) a local law amending the Zoning Map of the Town of Greenburgh by rezoning the property shown on the tax assessment map of the Town as Parcel ID 7.170-46-5, 7.170-46-2 and 7.170-46-9 from R-7.5 single family residence and close business (C.B.) to R-7.5 single family residence, and (3) the proposed construction of a new residential assisted living facility containing approximately ninety (90) dwelling units on the property shown on the tax assessment map of the Town as Parcel ID 7.170-46-5, 7.170-46-2 and 7.170-46-9 by Shelter Development, LLC.

Open government, developer collusion, done deals, special interests? Come and see for yourself. You decide. Let your voice be heard Wednesday night! We hope you’ll come out, get involved and stop this train from barreling through the station unchecked. We can only hope.

Done-Deal Flatlines, CPR Performed

ABG has learned from our sources that there have been discussions with the Greenburgh Town Attorney, Tim “Remediation” Lewis about the latest twist with the property at 715 Dobbs Ferry Road. Originally, The Paul and his minions on his Stepford Board, decided to lease the contaminated residential property to a corporation called GameOn 365. The owners consist of a group of stock brokers who seemed to be hoping to “cash out” of the über competitive and slumping stock industry and shift into a different arena, playing games. It almost rings of the celebrity who pines to own a nightclub or restaurant only to find out how much actual work it really requires and the cash intensiveness of it. Just ask Mariano about his New Rochelle venture.

Like other projects The Paul has covertly moved through his “friends and family network”, with rubber-stamp approval by his Board, this entire proposal reeked of collusion. He proposed leasing the property to GameOn 365 without so much as addressing the pollutants that are saturating and buried into this property. The Town acquired this property in 2011 after Frank’s Nursery filed for bankruptcy, abandoned the contaminated property, and the Town inherited it through foreclosure. Prior to the foreclosure, The Paul was secretly meeting with Robert Gould, of Game On 365, to finagle a deal before the property “went public”. The Paul, pro-developer and lacking any business acumen, all but guaranteed the property to GameOn 365, just as he did to Westhab in the Fulton Park section of Fairview, including the necessary spot-zoning they required.

A nearby resident to the property, Simon Cohen, mounted a campaign against the proposal by launching a website, HelpBurstTheBubble.com and sent a corresponding mailing to area residents. It was this mailing that got the attention of residents that had been purposely shielded from the proposal by The Paul’s duplicitous maneuvering of the process and system. Enter the ever-vigilant G-10, whom have raised numerous flags regarding the often suspect and illegal actions of The Paul and his unethical board. Following suit with questioning the actions of The Paul and his miscreant Board were the Council of Greenburgh Civic Associations. 

With the exception of the East Irvington Civic Association, all of the represented civic associations were against this proposal. They were not against a sports bubble per se, but against the process (or lack thereof) through which it was sanctioned, the nefarious taking of residential property for commercial use, the lack of environmental remediation, State Environmental Quality Review Act (SEQRA) studies, etc. In favor of the proposal was the East Irvington Civic Association, led by The Paul’s minion, Daniel Gold, who routinely attends Town Board meetings and speaks in favor of most Town projects – as long as it’s not in East Irvington.

The HelpBurstTheBubble.com, the Worthington-Woodlands Civic Association and others decided to put their money where their mouth was and initiated a lawsuit against the Town and The Paul to stop this travesty. The points of the lawsuit were recently amended to expand the capacity of wrong-doing on the part of The Paul and his Board. The points of the lawsuit were: 1) The Town violated Westchester County and New York State Law and exceeded its statutory Authority by leasing the site to GameOn 365; 2) The Town illegally segmented the projects environmental review; 3) The project requires a full environmental impact statement; the Town’s restricted lease with GameOn 365 violates the residency restrictions of the Finneran Law; 4) The Town failed to comply with the mandatory notice requirements set forth in the Town law.

As is typical with The Paul’s administration, the members know to “tow the line” or be jettisoned, as seen with former Councilwoman Sonya Brown. So, once the lawsuit came about, Town Attorney Tim “Remediation” Lewis began his boss’ defense, saying the lawsuit had no merit. Even The Paul would say the same thing whenever it came up. ABG imagines they sat in their offices, cloaked from the phony “open government” The Paul always professes, speculating whether or not they had any chance of winning this lawsuit. Since Tim “Remediation” Lewis’ expertise is in hazardous materials remediation and abatement, we doubt he offered any input. Our best guess is the typically vociferous Francis “Back Pocket” Sheehan was the lone voice advising The Paul with a simple shrug of his shoulders, realizing this was a no-win, Sonya Brown moment.

The Paul, ever the consummate politican/non-practicing lawyer, determined without the help of his consigliere, this would be yet another lawsuit he had no chance of winning. Critics of the lawsuit weren’t so sure. But The Paul needed this lawsuit to go away so he could put another notch in his win column against the G10, the neighborhoods, civic associations and the residents, all while helping his developer friend. But what to do? Finally, he gleaned the answer from the lawsuit he was so afraid of losing: sell the property. As mentioned earlier, the lawsuit had recently been amended to incorporate the County law, which says, “The supervisor shall sell, either at public or private sale, as the town board may by resolution direct, and upon such terms and conditions and for such sum or sums as the town beard shall by resolution approve, fix and determine, any property or any part or parts thereof acquired by the town by reason of any tax lien or transfer of tax lien and convey title thereof in the name of the town.”

Earlier, The Paul stated that instead of selling the property in a depressed market, the Town board opted for a 15 year land lease which will generate close to $5,000,000 for the Town in total for 15 years. They continually claimed there would be financial benefits to the Town by retaining ownership of a valuable property while receiving annual income that far exceeds any potential tax it would receive from selling the property. ABG doubts that would be the case if this property were remediated and properly marketed for sale. As is standard with a land lease, Game On 365 will begin paying full rent upon the issuance of building approvals and receive rental credits for all money they spend on the remediation. So with a quick reality check, the Town will be paying for all the remediation and not collecting any rental income for years! 

Now that The Paul has announced the Town will sell the property at 715 Dobbs Ferry Road to Game On 365 for $1.55M, he has effectively thwarted another costly lawsuit which would have been avoided if he had simply followed the law to begin with. The Town is also circumventing the Request For Proposal (RFP) process, assuring that no other higher bids could earn the Town more money for this almost-open-government-sale, performing any real market value assessments, or have any other pesky fact or legitimate detail get in the way of The Paul delivering the promised property to the preferred developer. ABG is unsure of how The Paul set the $1.55M sale price, except that during the RFP process to lease the property, the Town was offered $1.5M to purchase the property. Apparently, the Town is allowing Game On to pay a hair ($500) over that price even though it’s an incredible gift for 7 acres of prime real estate. We are still waiting for the “problem solver” to solve the biggest problem we have in Greenburgh. We can only hope.

Forecast Called For A Dusting

Two days ago a suspicious package arrived at the Journal News’ new offices containing white powder. Most white powder calls are nothing more than a crackpot taking a stab at being threatening – without the nerve to actually confront someone face-to-face. Located on Westchester Avenue across from where their old facility had resided for years, this prompted a full police and fire response, the all-volunteer County Hazardous Materials Response Team, County Health and several others. Ultimately the white powdery substance was a dusting of a harmless powder. Haz-Mat responders took the call seriously but commented afterwards that it was just another hoax. The County’s all-volunteer County Hazardous Materials Response Team responds to approximately 100 white powder calls a year.

Today, Friday, found the White Plains police and fire units called to the White Plains Public Library for another white powder call. This time it was mail addressed to the Journal News, but because it was suspicious to them, their people drove it in a private car to give it to the White Plains Police. They parked in the below-ground library parking structure. ABG learned that they had put the mail in a plastic garbage bag and secured it. The police refused to do anything with it and called the Westchester County Hazardous Materials Response team to the scene to investigate. The determination by the police was to tow the car to the safety of the Valhalla campus to continuing to try to determine what the powdery substance is. As a precaution, the two responders in Tyvek suits who removed the package were decontaminated by the police under the watchful eyes of the HazMat Team, with water. At no point was the public at any risk.

It’s no wonder an upset public is lashing out at the Journal News after they printed their interactive map of gun owners in Westchester County. ABG is not happy about what the Journal News did but is equally unhappy that people are taking to threatening them in this way. ABG would ask those who are upset with what the Journal News did to take a different course of action against them. Those actions can include canceling your subscription, canceling your advertising in the paper, write a letter to their editor and complain that their actions were wrong, boycott advertisers in the paper and let the advertisers know it. But please, please do not threaten them this way. The bloggersphere that we work within and alternate forms of media will continue to grow. They will continue to shrink by their own accord because their actions aren’t sincere. Rather, they are trying to make the news with stories such as these. The media should never become the story. We can only hope.

Report To The People Offers Little

As if schooled by The Paul, we received a recent “Report to the People” campaign piece that said little, but managed to produce a collage of pictures with the sender posing with several politicos and others from the public, all under the pretext of performing legislative service. The reality is, he is short on substance and long on hyperbole. By the way, we’re not using his name to keep from promoting his lame record and abuse of mailing privileges. We hope that others will view this and other campaign mailers with a more critical eye.

On the front page of the campaign piece is “his statement” in response to the Newtown murders of twenty-six people. These murders were truly horrible and ABG means no disrespect toward those victims, families and friends who are suffering from this. It’s a shame that he would use this as a political opportunity to issue a statement “in response” to the Newtown shootings, when nobody asked him for one and he has nothing to add. Sadly, it’s pure politics. His plan? Keeps guns away from those who would misuse them, ban military style weapons, register all guns, their transfer, mandate their secure storage, carefully license every gun owner, train them in gun safety, and check on them periodically. Then he wants to utilize more mental health professionals in the community to minimize the likelihood of violence. Of course, he fails to mention how to pay for all of this or any real strategy for implementation.

ABG is always saddened to see anyone injured or killed. In fact, several of our staff members volunteer in the Greenburgh community in different capacities and recognize first-hand the horrors that people inflict upon others. We also recognize that most of his talking points are strictly designed to appear to promote a call to action while merely promoting himself. The reality is nothing will happen and in particular, he will do nothing but continue to talk about it. The shooter in Newtown appears to have a history of mental illness. For that matter, his mother, whom he also killed, must have had something wrong too, since she legally purchased and kept weapons in the home, and took her mentally ill son to the firing range to “bond”. He didn’t use military style or assault weapons. In Webster, NY, the shooter of the two firefighters was obviously deranged and then killed himself. Could the talking points our representative have made a difference? We’ll never know. Lets examine his points individually.

1) Keep guns away from those who would misuse them. It’s great to say, but how to you propose to do this? Will he introduce another unenforceable law that he can brag he co-wrote or co-sponsored? You can’t control who gets a gun unless that person is a law-abiding citizen. It’s like putting locks on doors; hence the saying, ‘locks are for honest people’. The amount of people who own guns versus the amount being murdered is being disproportionately represented.
2) Ban military style weapons? They are. It was not a military style weapon that was used in the Newtown killings. It was an over the counter automatic rifle. But okay, ban military weapons. How?
3) Register all guns? Good luck making that happen. Handguns are currently required to be registered, rifles are not. Since the police are prohibited to enter your homes by the constitution, this would be a voluntary program at best, is unenforceable, and limited to the law-abiding. However, if we should attempt to have all guns registered, amend the current law to include rifles. It’s a start in the direction he claims we need. We agree it needs to start.
4) Regulate gun transfers. Again, how? An example was given by a friend whose grandfather gifted a shotgun to his teenage grandson. He took the time to train him in the proper use of the gun, the grandson took a gun safety class and became a remarkable target shooter – not a hunter. As a familial transaction, government would never know about it.
5) Carefully license every gun owner. We already have this law on the books and again, normal law-abiding citizens are never the issue. In fact, the Newtown shooter’s mothers guns were legally registered. Sometimes, bad things happen by bad people that no amount of legislation will stop.
6) Train them in gun safety. Good idea. And yet, government has mandated every new driver take an 8-hour driver safety class before they can take their driving test. Yet once licensed, many of these new drivers still drink, text, and drive under the influence even though they were told them it wasn’t safe to do it. And which group has the highest accident rates? New drivers. So, how much of government mandated training is going to produce the results he seeks?
7) Check on them periodically? Could this be more ambiguous? We hear of child abuse victims all the time who are neglected because a case-worker was overworked or unable to effectively investigate the parents. So, now he proposes hiring more people onto the government payroll that is already bloated? Can you say tax increase? His response, of course, will be, “If we save just one life, any cost was worth it.” That’s debatable.
8) Stop glorifying violence. Many talk about needing anti-violence, especially the Hollywood crowd. Aren’t they the same ones that make and star in the violent movies for gazillions of dollars? The movie industry’s been in a slump and then the action-packed, violent, James Bond “Skyfall” movie sets records for attendance. Add to that The Expendables, Transformers, Batman (repeatedly) etc., proving the law abiding public wants these films because movies are an escape from our everyday lives. Hollywood is being disingenuous, not wanting to bite the hand that feeds them. Good luck with stopping that.
9) The group he works with passed legislation requiring micro-stamping bullets to assist in tracing weapons back to their owner. Didn’t the police know who was doing the shootings in most of these killings. Feel good legislation? You decide.

There were several other items he “worked” on. Or did he? Actually, here’s some of the mailing’s legislatiive topics that was passed into law but not necessarily written by our legislator: DNA Databank, Domestic Violence protections, Cyber-Bullying, Micro-stamping, I-Stop (Internet - System for Tracking Over Prescribed drugs), Water Protection (accidental sewage discharge notification into waterways, sponsored by him), Health (prohibits smoking within 100ft of a school - because our police officers need to be busier), Hydro-Fracking (requires studies of the health impacts of hydro-fracking, co-sponsored by him).

Finally, to the back page of the campaign piece. He claims we need to replace ConEd as their Hurricane Sandy storm response was “totally inadequate, a management fiasco, a poor plan, poorly executed.” He’s calling for hearings into ConEd’s poor response. Why? We know their response was as good as it could be given the magnitude of damage and their current staffing. ConEd called in for help and the ConEd unions turned some of the non-union utility workers away. What results could hearings possibly render? The committee’s 30-page report summary will state that ConEd was woefully understaffed, the size of the storm was unpredictable, and the amount of damage into the billions of dollars and the federal government, along with FEMA must do more. This is strictly grandstanding on his part. The Paul will want to get in on the media frenzy and issue a press release commending the committee, berate ConEd again (he’s already done this), and say we should do away with county government.

He has introduced legislation for an idea that many have offered before him to put a height restrictor at the entrances of our parkways to deter trucks from accessing the roadways. He doesn’t even allude to how much will this cost? Regardless, it does have merit. Currently, the bridges that get repeated hits on the Hutchinson River Parkway cost us little if anything but time to address. When a bridge hit in Mamaroneck happens, the County Police respond (paid, on duty), the Mamaroneck Fire Department (no cost, volunteer) responds, a wrecker responds (big cost, insurance pays) and tickets and fines are issued. Virtually no cost to the tax payer except for the time delays. Now, we’ll be paying for some elaborate study, then prototype development, testing, changes and installation. Worth it, or another government boondoggle? Whatever the cost figures are that are presented to the public, triple the number and you’ll have the final cost. Watch for the federal and state subsidy slight of hand with the accompanying claims of low cost to the taxpayers because the feds are picking up the bill. YOU are the feds picking up the bill!

He also is requesting a discounted rate for all Westchester residents who use the Tappan Zee bridge. ABG, as well as everyone else we discuss this with, recognizes that the tolls will skyrocket once the bridge is completed, so this is highly unlikely to happen. He is still insisting on only building one bridge and keeping the original bridge as a park and bus use. Apparently, it’s been designated as maintenance-free and no longer needs demolition. He should pay more attention when he’s at his part-time job supposedly representing us to what’s already been decided. There will be two bridges, no park and dedicated bus lanes. But he’ll be able to say look what I tried to do for you – and with a straight face.

He brags that he was able to get legislation approved to allow Greenburgh (really The Paul) to lease Town property to a private, for-profit business, undoing the safety net provided by law to protect the Unincorporated residents of the Town. Another legislator from the other side of the building was participatory in the unraveling of this law. Then his last tidbit is that he joined with the Pleasantville mayor, other local officials and numerous residents to stop the installation of cell towers there. Funny, we wonder why he didn’t help the Irvington residents trying to accomplish the same thing? ABG’s guess is that The Paul wanted the towers and he was afraid to go against his eminence.

All of these talking points make for a nice generic mailer/campaign piece that does nothing but continue to aid incumbents with their off-season campaigning. Change a few pictures and this template will surely be used by other legislators. They keep their name out there, ensuring little chance that the electorate will vote for a new candidate come election time. Ultimately, they are doing little for the prized salary and perks they receive. It needs to change. We can only hope.

Have a Healthy & Happy New Year!