Letters We Get Lots and Lots of Letters — Council Ignores Own Comprehensive Plan if they Approve FASNY, Writer Says

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WPCNR THE LETTER TICKER. JULY 8, 2015:

Dear Mayor and Common Council,
We were gratified to see your growing skepticism of FASNY’s mitigation efforts, which seem to us to be insufficient (e.g.. under the legal standard set forth in Cornell for a clearly oversized dream project), ill-conceived (e.g., with closure of an important thoroughfare considered mitigation), illusory (e.g., incorporating a two phase approach when it’s first phase already breaches the boundaries of acceptable), and unreliable (e.g., founded on questionable traffic analysis, criticized by many, including our Board of Education).
We accept Mr. Kirkpatrick’s opinion that our neighborhood must embrace change; however, we question his judgment on the change he considers acceptable.  We can think of change in at least two dimensions: slow and incremental or radical.  There is no question that the FASNY development would bring radical change to our and other neighborhoods.  We note with satisfaction that the White Plains Comprehensive Plan as updated embraces change for our City in many respects.  However, the type of change contemplated for our and other residential neighborhoods is change that “preserves” the scale and character of these neighborhoods.  This, in our view, means change of the moderate and incremental type (as the rezoning to R1-30 illustrates) not the radical variety.  Excerpts from the Comprehensive Plan:
“The preference in the 1997 Plan for modest residential growth in the Close-In and Outer Areas remains appropriate. The 2001 Zoning Ordinance amendments which aligned the zoning to the existing densities of these areas, and thereby reduced overall development potential, are consistent with the 1997 Plan objectives of preserving the character of the neighborhoods in these areas. The 1997 Plan strategies for limiting new housing development in the Close-In and Outer Areas to that which is consistent with the character of the existing neighborhoods is affirmed in this 2006 Update.” (p. I-II-37, 2006 Modifications to 1997 Comprehensive Plan Housing Recommendation.)
“This Plan reflects a vision for the City’s neighborhoods based on preserving the scale and character of these diverse residential areas. Although each neighborhood is unique, the need to maintain a high-quality of residential life at the neighborhood level is the common thread that binds all of the City’s neighborhoods.” (p. II-I-45, Neighborhoods Vision Statement.)
“Like the vision for the Close-In neighborhoods, the vision for the Outer Area neighborhoods focuses on preservation – preservation of neighborhood diversity and sense of community; preservation of the high-quality homes on spacious lots; and preservation of tree-lined streets, public open spaces and substantial portions of open space on quasi-public and private institutional and commercial properties. It also focuses on controlling growth through the reduction in permitted densities on large undeveloped and underdeveloped residential parcels and through the strict regulation of development, ensuring that new housing is compatible with the character of the surrounding area and is developed in a manner sensitive to the open space and environmental features of the individual sites and neighborhoods.” (p. II-I-58, Vision Statement for Outer Area Neighborhoods.)
Accordingly, we think that Mr. Kirkpatrick’s vision of the type of acceptable neighborhood change should be shaped not by his own personal opinion but rather by what our City’s governing documents envision.
Sincerely,
Max & Gail Schwartz
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North Street Nightmares That Will Not Go Away, Letter Writer Says

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WPCNR THE LETTER TICKER. JULY 6, 2015:

Dear Major Roach and Common Council Members,

I don’t know if all of you are aware of the situation at the YWCA on North Street. There are hundreds and hundreds of cars going in and out all day.  Day care, nursery school, all sorts of programs plus Hazel’s a small restaurant down stairs.

During the day there are hundreds of teens from the high school crossing North Street to eat over there.  They literally stand on the median in the middle of the street to get across. They don’t always pay attention to a traffic light. I know this first hand because I take my young grandchildren there for classes. Talk about a dangerous situation for our White Plains children. 

With all FASNY busses (if project is approved and built) and cars on North Street you can be guaranteed of an accident.
I hope you all have driven down North Street to see the work being done for the German School.  When that opens in the fall we are talking about another possible disaster.  
  This would be a very small fraction of the FASNY 10-year construction nightmare).
You seriously have to consider these situations.

 

Thank you,

Sharon Gould

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URSTADT BIDDLE QUIETLY ANNOUNCED PENDING SALE OF WHITE PLAINS PAVILION TWO MONTHS AGO

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WPCNR EAST SIDE STORY. From Urstadt-Biddle Properties. July 4, 2015:

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In April Urstadt-Biddle Properties announced in a news release they were attempting to sell the White Plains Pavilion mall on Maple Avenue, adjacent the Crowne Plaza Hotel. The news release reads:

Urstadt Biddle Properties Inc. (the “Company”) (NYSE: UBA and UBP), a real estate investment trust, announced today that it has entered into a contract to sell its Westchester Pavilion Property located in White Plains, NY (“Pavilion”). The purchaser is Maple and Broadway Holdings, LLC, a wholly-owned subsidiary of Lennar Corporation through its Lennar Multi-Family Communities, LLC subsidiary (“Lennar”) (NYSE:LEN). Operating in twenty-one states, Lennar is one of the country’s largest homebuilders. The Pavilion is a 190,000 square foot retail shopping center located in White Plains, New York (Westchester County). In November 2014, the City of White Plains approved the Company’s request to change the zoning of the property to allow its development as a mixed-use property containing residential apartments above ground level retail and restaurant uses. The contract contains several contingencies that need to be satisfied in order for the transaction to close, and there is the possibility it may not close.

If all contingencies are satisfied, the Company expects the transaction to close at the end of fiscal 2015 or early fiscal 2016.

Commenting on the contract, Willing L. Biddle, UBP’s President and Chief Executive Officer said,

“Our Company has owned the Pavilion since the 2002. The property was originally a three story department store that, prior to our ownership, was converted to the retail shopping center it is today. Over the years, the property has become less competitive in the market-place. Its current configuration and condition prompted the Company to explore whether there might be a higher and better use for the site.

About two years ago, we began the process of petitioning the City of White Plains for a zoning change to permit the demolition of the buildings and the construction of a dynamic mixed use development containing a mixture of apartments and retail/restaurants. The City of While Plains and in particular Mayor Tom Roach were welcoming and supportive of our efforts and approved the zone change in November, 2014.

During the approval process we met with several prestigious development companies to consider as partners in the development – the plan being that UBP would own the retail/restaurant portion and our partner would own the residential portion.

As time went by it became more apparent that a better structure for our Company was an out-right sale of the property to a more experienced mixed-use developer and that developer was Lennar. We will continue to work closely with Lennar through the remainder of the approval process, which includes, among other things, site plan approval. The Company is in the process of resolving the remaining contingencies to permit a closing.”

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FIREWORKS FLAWLESS. CROWD FESTIVE. ENTERTAINMENT ENERGETIC PARKING FREE.

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WPCNR AROUND TOWN. JULY 2, 2015:

THE ANNUAL WHITE PLAINS INDEPENDENCE DAY FIREWORKS DISPLAY SLIPPED UNDER THE WIRE LAST NIGHT UNDER HUMID CLOUDY SKIES BUT ALL WENT WELL.

COUNCILPERSONS MILAGROS LECUONA AND DENNIS KROLIAN WERE SEEN COLLECTING SIGNATURES TO RUN IN THE  ELECTION FOR COMMON COUNCIL, BUT THIS REPORTER SAW NO REPUBLICAN CANDIDATES COLLECTING PETITION SEGNATURES  THOUGH APPARENTLY TWO ARE RUNNING FOR TWO OF THE THREE SEATS.

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THE BAND “FDR DRIVE”  PLAYED STRAIGHT FROM 7 UNTIL 9 ENTERTAINING THE CROWD WITH DRIVING CONTEMPORARY 80S-20-SOMETHINGS SOUNDS THAT CONSISTENTLY HAD THE MULTITUDES MOVING WELL.

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PAUL FRIED, (FAR LEFT) NEW WHITE PLAINS SUPERINTENDENT OF SCHOOLS TO BE WAS ON HAND, WITH COUNCILPERSON BETH SMAYDA (SECOND FROM LEFT,) COMMISSIONER OF RECREATION AND PARKS WAYNE BASS (red shirt),Assemblyman David Buchwald(4th from left). Mayor Tom Roach (5th from left), who welcomed the crowd.  Councilman Dennis Krolian far right ,was there with Councilperson Milagros Lecuona (not in picture). ALSO PRESENT WAS STATE SENATOR ANDREA STEWART-COUSINS

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THE FIREWORKS SPONSORED BY BURKE REHABILITATION FOUNDATION WERE SPECTACULAR LIGHTING UP THE THRONG OF THOUSANDS (BELOW)

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LETTERER INTERPRETS FASNY: THE LAW ACCORDING TO MR. KIRKPATRICK???

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WPCNR THE LETTER TICKER. JULY 2, 2015:

Dear Mr. Kirkpatrick:
      We attended this evening’s (Monday, June 29) Common Council and listened carefully to the comments of the Council members, including your comments. Frankly, we are appalled at some of your comments, and wish to express our strong disapproval of them.
      We understand that you are a land use attorney and have some level of expertise in this field. We also are attorneys with over seventy years of combined experience in litigation and trial work. While our specialty is not land use, we have read all of the applicable case law and also have extensive experience in advising clients of the merits of proposed actions.
      Your contention that a Court would undoubtedly overturn the denial of the FASNY application is simply wrong. Equally wrong is your statement that a Court would impose even more negative impacts upon the City if FASNY challenged the denial of its applications. The Courts have never held that a school has a full exemption from zoning rules; rather, the Court of Appeals in the Cornell case stated:
 Although in Matter of Diocese of Rochester v Planning Bd. (1 N.Y.2d 508, supra), we found an exclusion of a religious use to be arbitrary and unreasonable, we rejected any conclusive presumption of an entitlement to an exemption from zoning ordinances. . . .
 Under Cornell, the standard in reviewing the request of a school or church for permission to expand into a residential area is the over-all impact on the public’s welfare:
  Although the special treatment afforded schools and churches stems from their presumed beneficial effect on the community, there are many instances in which a particular educational or religious use may actually detract from the public’s health, safety, welfare or morals. In those instances, the institution may be properly denied. There is simply no conclusive presumption that any religious or educational use automatically outweighs its ill effects (citations omitted). The presumed beneficial effect may be rebutted with evidence of a significant impact on traffic congestion, property values, municipal services and the like. 
There is abundant evidence in the record to support the denial of both FASNY applications. FASNY has not even begun to demonstrate that partial closure of Hathaway Lane is in the public interest, and the Cornell presumption regarding educational uses is clearly rebutted by the showing here of an overwhelming negative net impact on the welfare and safety of the public.
    We are also troubled by your suggestion that the neighborhood should accept change, even if the change is negative, because times change and neighborhoods deteriorate. We find the latter comment to be downright bizarre, particularly coming from a person who lives in the Gedney Farm neighborhood.
While we would not expect your vote to be influenced by the fact that you live in the neighborhood, we are at a loss as to how you could make this comment. Perhaps this was a Freudian slip, for indeed, the neighborhood will deteriorate if the FASNY development were ever built.
 Sincerely,
 Joseph L. DeMarzo and Denise Liotta DeMarzo
White Plains, NY, USA
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WPBA PRESIDENT ISSUES STATEMENT ON THE NEW POLICE CONTRACT

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WPCNR POLICE GAZETTE. SPECIAL TO WPCNR from Robert Riley, President, White Plains Police Benevolent Association. June 30, 2015:

The executive committee of the (WPPBA) board is pleased to announce that the White Plains Common Council has ratified a new 6 year agreement between our members and the City. It is effective retroactively from July 1, 2012 and runs through June 30, 2018.
First, we want to thank our members for having faith in the board and standing by it during this long and trying time. We know it was not easy, especially since we have not had a raise in 5 years. Their loyalty and dedication displayed a high degree of honesty and integrity to the association and the board and for this we are truly grateful.
Second, this contract is a tough, but fair deal that clearly reflects our membership’s willingness to work with the City to reach a reasonable resolution. In these tough economic and anti-union times we were able to secure conservative raises for each year of this agreement. At the same time we were also able to protect our members’ health insurance costs by maintaining their same level of contribution to their coverage prior to retirement.
Third, we are also happy that we were able to convince the City to honor its longstanding past practice to the extent it has agreed to pay 100% of the health insurance premiums for our 45 members who were hired before1995 and who are still active on the force.
As many of you may be aware, the City enacted an ordinance in 2010 that required our former members who were hired before 1995 and who are now retired to pay 15% of their health insurance upon their retirement.
During the course of our discussions with the City in an attempt to redress that injustice we informally tried to convince the City to repeal that ordinance since it is an obvious change in the terms and conditions by which our former brothers and sisters labored for many years.
Unfortunately, the PBA is expressly prohibited by the NYS Taylor Law from formally bargaining on behalf of our retired members. It is the hope of the executive board and the current PBA members that reaching and finalizing this new CBA will give the City an opportunity to re-think its position regarding our former members; and that the City will honor the commitments it made to its retirees when they were active members of the police department and not require those retirees to bear new, unforeseen, unbudgeted and non-bargained for costs, such as health care insurance benefits.
Fourth, as a way of further ensuring the public’s trust in our officers, we have agreed to random drug testing of our membership.
In closing, we again want to thank all of our members. We look forward to continue to protect and serve the public and vigorously represent our members’ rights and benefits under our new collective bargaining agreement.
God Bless and Stay Safe
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Mayor and Two Councilpersons Raise First Questions About Pending FASNY APPROVAL LEGISLATION AFTER 4-1/2 YEARS

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WPCNR COMMON COUNCIL-CHRONICLE EXAMINER.By John F. Bailey JUNE 29, 2015:

In discussion last night that began with the city consultant and advisor Susan Habel, former City Planning Commissioner in attendance,  three Councilpersons,Council President John Martin, Councilwoman Nadine Hunt-Robinson and Mayor Roach himself, in addition to Councilpersons Milagros Lecuona and Dennis Krolian expressed doubts about the project that their analysis of the 200 page document raised.

The process to resolve those questions to the Council satisfaction, including Mayor Tom Roach could involve another question and answer session either behind closed doors or in public. 

Corporation Counsel John Callahan told WPCNR it was up to the Common Council to decide on how they wanted to proceed to get the answers to those questions whether from FASNY or the city legal counsel on the project.

Councilwoman Milagros Lecuona,  steady opponent of the efficacy of The French American School of New York proposal to build a school campus on the grounds of the former Ridgeway Golf Club, raised the issue of whether the school had the financial resources to build the project, given extensive revisions to the Storm Water drainage system required by the new storm water plan approved by former Commissioner of Public Works, Joseph Nicoletti.

She told WPCNR after the meeting, the delay in approval of the storm water plan was due to new environmental storm water regulations promulgated last fall, which the administration she told me did not tell the Common Council. Lecuona strongly disagreed with Councilman John Kirkpatrick who said it was time to move on and that change has to come. She bluntly turned to him and said though Kirkpatrick said the city had gotten a lot from FASNY through the plan changes already negotiated, she did not believe FASNY had given up enough. ” We got bigger buildings.Less open space. I would have liked to seen the buildings smaller. The proposal has not been mitigated enough.” 

Lecuona in addition said that the amount of money FASNY was going to pay for the taking of a portion of Hathaway Lane was not spelled out and it should be. She added that she has yet to see a model or rendering of the plan in detail that gave her a good idea of the sightlines and what the project would actually look like in proportion and location. She mocked Kirkpatrick’s expressing the city could lose litigation if they did not approve the projec. She said “We need to ask what we think is right.“

Councilman Dennis Krolian declined to ask any questons of the city legal consultant or Ms. Habel. He told WPCNR that he did not want to ask his legal counsel on the project legal opinion in a public televised meeting, since this would be giving up future right to attorney-client privilege. He said the original intent of this meeting was to enable the council to ask questions of the legal counsel and Ms. Habel. He felt the meeting should not have been public.

Council President John Martin had what he called technical questions.  His main concern was the length of time before the EMERGENCY entrance off Ridgeway (not North Street as previously reported )proposed by the plan was completed was too long. He expressed safety concerns about the emergency entrance for public safety vehicles off Ridgeway. He pointed out that the amount of time the new emergency entrance off Ridgeway would be open to the public should be 6 AM to 6 PM, 365 days a year from the Hathaway Lane side and Ridgeway, in an email clarifying his comment, he wrote WPCNR:  “All of the comments you noted I made were in relation to the petition to close a portion of Hathaway. My 6am to 6pm request is for opening their Emergency Access Driveway (generally the Hathaway access area) to the public on all 365 days of the year. I have no preference as to when anybody visits the Conservancy!”

Councilwoman Beth Smayda who did not arrive until 6: 15 P.M. (meeting beganat 5:30), had very brief comments that could not be picked up by this reporter because the chamber was not adequately microphoned. 

Councilwoman Nadine Hunt-Robinson said she was not sure that the safety concerns had been fully answered and fit the parameters of a decision in a case involving Cornell University that spelled out that safety concerns had to be  more than adequately mitigated, that any project could not be less safe than it was before the project was built.

Queried about this fine line of mitigation by Councilman Krolian, as to whether she felt the FASNY legislation and mitigation steps met this standard,Councilwoman Hunt-Robinson said, “My feeling is it has not.” 

The Mayor, in a surprise,  expressed doubts as to how the project could proceed without impacting the neighborhood adversely for years. He felt that four years of construction for the first phase was too long especially with a second phase to follow.

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COUNCIL APPROVES 6 YEAR POLICE CONTRACT, RETRO TO 2012-13, THROUGH MID 2018.

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WPCNR COMMON COUNCIL-CHRONICLE EXAMINER. By John F. Bailey. June 29, 2015:

In a settlement that Budget and Management Committee Chair Councilperson Beth Smayda said kept overall police salaries under 2%, the Common Council approved a 6 year police contract with the White Plains Police Benevolent Association Monday evening.

The contract as previously reported gives police retroactive raises of 2% and 2% and 2% for years 2012-13, 13-14, 14-15 in lump sums, and gives the police 2% in the new year starting July 1, and 2- 1/4% and 2- 1/2% in years 2016-17 and 2017-18, The overall increase in pay 12-3/4%, nor counting compounding.

The savings Corporation Counsel John Callahan told WPCNR was in lowering beginning officer salaries after July 1, 2015. Those new officers added after July 1 would also pay 15% of their health benefits going forward. Those officers retired now who were hired after July 1, 1995 also continue to receive their full retirement health benefits, which also add to the savings. Officers hired before 1995 are in federal court fighting the city decision to force them to pay 15% of their medical care benefits.

Other unions previously had take no raises in the three years previous, while the WPBA opted for arbitration.

WPCNR awaits a statement from the WPPBA. The settlement will affect the fire fighters immediately since they now fall behind the police in pay with this settlement.

More detailsas they become available.

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CITY HAS AN AGREEMENT WITH POLICE UNION FOR 6 YEARS. 2%,2%,2%, 2% 2-1/4%, 2.5% POLICE UNION HAS RATIFIED IT. COUNCIL TO VOTE ON IT MONDAY.

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WPCNR COMMON COUNCIL CHRONICLE-EXAMINER. By John F. Bailey. June 26, 2015 UPDATED JUNE 27, 2015:

FLASH! The Common Council will consider ratification of a Stipulation of Agreement with the White Plains Police Monday who have been without a contract for three years. The 6-YEAR agreement runs from 2012-13 through June, 2018 and gives police 2% raises for the first four years of the contract, 2.25% the fifth year(2016-17) and 2.5% the sixth year (2017-18) The raises outdistance the fire union contract for the retroactive years, when the fire department agreed to two years of no raises and three years of 2% increases.

As of Saturday morning, the Mayor’s Office and the White Plains Police Benvolent Association, the bargaining unit for the police have not released statements to WPCNR .

In examining the proposed agreement, WPCNR notes the city has negotiated police agreements calling for officers to pay a portion of their health care benefits going forward, as follows:

The city will continue to pay all premium cost of family coverage under the NYS Empire Health Insurance Program, except employees hired after June 28, 1991 and before the ratification of the 2012-2018 agreement will be required to pay 25% of the cost of health premiums for their first five years of employment with the city.

For new officers hired after ratification, they will be required to pay 15% of the premium charged for individual or family coverage.

Retirees hired after July 1, 1995, and before ratification of the new agreement, who currently are receiving fully paid health benefits in retirement will continue to enjoy that retirement benefit. The same 100% payment by the city will also continue to apply for those hired before July 1, 1995 and retiring after ratification of the new contract. 

The agreement saves 45  WPBA union retirees who retired after July 1, 1995 before the city payment of 100% of  health plan payments agreement went into affect.

The agreement does not affect the 30 police retirees involved in the federal lawsuit against the city which said that because they were not covered by the July 1, 1995 agreement that they would have to pay 15% of their retirement health care benefits. That suit is still on going in federal court.

Preliminary details are  that step salary increases will be increased 2% each year for first three years of the contract. In July 2016 the step salary increase will be 2.25% and an additional 2.5% in July 2017.

Longevity payments for employees hired on or after July 1, 2015 will receive in addition to regular salary of 3% plus $350 at 10 years of service on the force and 4% plus $350 at 15 years, but payment will begin as of July 1st of each year following eligibility.

The agreement has already been ratified by the White Plains Patrolman’s Benevolent Association according to the city backup material.

The Fire Fighters unit, on the other hand, agreed to two years of no salary step increases in 2012-13 with the city, and 2013-14, AND agreed to three 2% increases. The police through arbitration agreed to accept two zeros but now with this new agreement ratified by the police union, they have negotiated 2% raises for the last 3 years, and 2%, 2-1/4% and 2-1/2% for 2015-16, 2016-17 and 2017-18

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MILLENNIAL DOES NOT UNDERSTAND MAYOR’S INDIFFERENCE TO FASNY EFFECT. “NO BRAINER,” SHE SAYS

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WPCNR THE LETTER TICKER. JUNE 27, 2015:

Dear Mayor and Council,
I am writing to you with concern about the absurd idea of allowing an elementary, middle, and high school campus to plunk right down in the middle of a tranquil neighborhood.
I am 23 years old and have lived in White Plains (Gedney area) all my life. While I do not live facing the old golf course, I can appreciate that beautiful neighborhood which I feel privileged to be able to walk and bike ride through peacefully.
       White Plains is an extraordinary city that manages to balance peaceful neighborhoods with open spaces and a vibrant downtown. At least for now until the open spaces are all taken up by concrete.
My point of this letter is not to repeat what I’m sure has fallen upon deaf ears numerous times now but my point is to ask a simple question. The French-American School does not reap any benefits for the citizens of White Plains. It would make traffic a living hell, ruin a tranquil neighborhood, diminish property value, and increase taxes.
      Therefore, my question to you is a simple one regarding logic (or perhaps common sense). Is it not logical for the mayor of our city to protect and listen to its citizens?
       Why is the mayor of our city favoring those who don’t even live in White Plains (like the populace of FASNY) over those who do?
        It seems illogical to me that the citizens of White Plains should even have to fight this hard against the intrusion of FASNY. As mayor, how can you look at the situation at hand and not see the common sense? If you consider the benefits to the White Plains community (none) and consider the damages to the White Plains community (many) how is there even choice? It seems like a no-brainer!
       As mayor, is it not your responsibility to listen to your citizens and improve their quality of life? I do not see that happening here and I hope not to see my beloved neighborhood turn into a neighborhood I would have no desire to live in.
Thank you,
Victoria DeMartin
White Plains, N.Y.
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