New Vision of White Plains Pavilion Unveiled by Lennar Corporation: 707 Apartments in Two Towers, Swimming Pools on the Roof.

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Perkins Eastman rendering of the new apartment and retail complex present by Maple and Broadway LLC, subsidiary of Lunnar Corporation to the Common Council Monday evening.. This aerial view is looking northeastl. Maple Avenue is street on the right. South Broadway is in the foreground.

WPCNR EAST SIDE STORY. Special to WPCNR from Jim Benerofe. July 27, 2015:

At the Common Council Special Meeting Monday evening, Maple & Broadway LLC, subsidiary of Lennar Corporation,  the second in the nation builder of family housing communities, unvieled their vision for replacement of the White Plains Pavilion Mall, should they close on the property.

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View of the Lunnar proposal looking northwest. The Crowne Plaza is in the right of the picture. Maple Avenue is on the left, where it curves onto South Broadway. Hale Avenue is the street in the front of the picture.

Jim Benerofe of suburbanstreet.com told WPCNR that the giant developer plans a rental housing development consisting of two apartment towers of 24 stories, with a total of 707 rental units, 70 or 10% of them at “affordable housing” rates and the rest (631) at market rates.

Benerofe said price points were not brought up. He said that a principal of the Lennar subsidary at the meeting said there was to be 85,000 square feet of retain and would consist of a majority of new restaurants. There would be separate parking for residents and retail patrons.

A feature Benerofe said included two swimming pools on each top floor of the two buildings.

Benerofe noted the proposal “makes a lot of street sense” compared to the original Urstadt Biddle proposal. Urstadt-Biddle of Stamford sold the property to Lennar this month. Retail will be on the streets of Maple and Broadway with the apartments being on the interior. The previous project had retail on the street, and inside the complex and contailed a hotel and apartments.

The proposal will be presented to the Common Council next Monday, August 3 in a televised meeting. Councilpersons Dennis Krolian and James Kirkpatrick were not present.

In announcing the proposed acquisition in May Urstadt Biddle said in a news release:

” 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.”

 

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COMPTROLLER: STATE SALES TAX RECEIPTS DECLINED 1.8% IN FIRST HALF OF 2015:

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WPCNR QUILL AND EYESHADE. FROM THE NYS COMPTROLLER’S OFFICE. JULY 26, 2015:

Local sales tax collection growth across New York State slowed to 1.6 percent in the first six months of 2015 from 3 percent growth in 2014 and was considerably lower than the 4.2 percent average annual growth over the past 15 years, according to a report released today by State Comptroller Thomas P. DiNapoli.

County sales tax collections, excluding all cities, increased only 0.5 percent for the first six months of 2015, with many counties seeing a decline in their collections.

“There has been a general downward trend in sales tax collection growth over the last several years and that is continuing in 2015,” DiNapoli said. “The slow growth in sales taxes could pose fiscal challenges for local governments across New York, especially for counties who rely heavily on sales tax collections to pay their bills.”

New York City’s sales tax collections grew by $91 million, or 2.7 percent in the first half of 2015, accounting for a substantial part of local sales tax growth statewide. Still, the city’s growth rate fell from a 4.8 percent growth rate for the same period in 2014.

The Capital District had the second strongest sales tax growth in the first half of the year at 2 percent. Western New York was next with 1.5 percent growth.

In contrast, sales tax revenue declined in five of the 10 economic regions of the state, with the sharpest decline being in the North Country, which saw a 2.5 percent drop. Also declining were the Southern Tier (1.2 percent), the Mohawk Valley (1.0 percent), the Finger Lakes (0.4 percent) and the Mid-Hudson region (0.4 percent).

Sales tax collections declined in 33 of the 57 counties outside of New York City from the same period in 2014. The largest decline was in Schoharie County, with a 6.1 percent drop. Allegany, Delaware, Lewis and Montgomery counties also had declines of more than 5 percent. In some cases, these declines were due to technical adjustments, which can have a large impact in counties with relatively small populations and retail sectors.

Of the 24 counties that saw sales collections rise, the strongest growth was 8.8 percent in Steuben County. Ulster County had an increase of 8.4 percent, which was due in part to a rate change.  Hamilton and Washington counties also saw growth rates of more than 6 percent. Technical adjustments can explain some of these increases.

See the report here, or go to:http://www.osc.state.ny.us/localgov/pubs/research/snapshot/localsalestaxcollection0715.pdf

See the County-by-City Table here, or go to: http://www.osc.state.ny.us/localgov/pubs/research/snapshot/localsalestaxcollectiontable0715.pdf

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Astorino to Hillary on HUD: Knocking on Clinton’s Door.

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WPCNR HOUSING GO ROUND. From the Westchester Department of Communications. July 26, 2015:

Westchester County Executive Robert P. Astorino Thursday strongly defended the town of New Castle and Westchester County against federal accusations that it has discriminatory housing policies.

At one point Astorino knocked on Mrs. Clinton’s door to see if she was home.  He gave his phone number to an aide who said Mrs. Clinton would call him back.

Astorino said he wants to ask her whether “she believes the town she lives in is discriminatory, and whether she, as the presumptive Democratic nominee for President, supports the current administration’s radical housing policies.  It would give many of her neighbors in town and throughout the county some comfort to hear her respond ‘no’ and ‘no.’”

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Astorino stood in front of the residence of New Castle’s most famous resident, Hillary Clinton, as he warned that home rule, a power long cherished in New York and which gives localities the ability to pass laws to govern themselves as they see fit, is being threatened by an increasingly abusive and overreaching federal government intent on socially re-engineering America’s suburbs.    

“What’s at stake is who controls the future of our towns, villages and cities across the nation – the people who actually live in them, or unelected bureaucrats operating out of cubicles in Washington,” Astorino said.  “What’s new is that, if changes are not made, local control of your neighborhood is on the way out.”

The U.S. Justice Department (DOJ) wants Westchester County held in contempt of court and fined $60,000 a month, stemming from the reclassification of 28 affordable housing units in the Chappaqua Station development. The fine is based on a fee schedule that’s not included in the settlement.

In December, the Department of Justice said that the 28 units should count towards the 2014 benchmark for financing under the 2009 federal housing settlement, which calls for the building of 750 units of affordable housing in 31 mostly white municipalities.

But seven months later, the DOJ filed legal papers saying the court should pay no attention to the letter, the units shouldn’t count and the county should be held in contempt.

“The federal government’s assault on our local communities in Westchester is dumbfounding, shocking, and counterproductive,” said Astorino.

Astorino said two largely unnoticed events – the Supreme Court’s decision on disparate impact and the Department of Housing and Urban Development’s (HUD) new rules on Affirmatively Furthering Fair Housing – put unprecedented power in the hands of Washington bureaucrats.

Astorino explained:  “Here’s how it works. HUD decides whether your neighborhood meets the quotas the agency believes represent the proper balance of race, income, education and other demographic features.  If the zip code doesn’t measure up, HUD then prescribes corrective measures, which essentially come down to running roughshod over local zoning so HUD can socially engineer the character of your community to bring it in line with its quotas.”

Long Island Congressman Peter King also criticized HUD’s latest assault on Westchester in a statement:  “When I spoke to Secretary Castro last month, he said that HUD uses ‘mission-driven flexibility to work with communities to meet the goals of programs,’ but there is a clear contradiction between what the Secretary said in his testimony and the actions of HUD’s federal monitor. If the goal is to build affordable housing, then requesting contempt of court orders and seeking penalties is completely counterproductive – the litigation will only slow the process down and make it more difficult in the future for municipalities to provide affordable housing.”

 

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IN 24 HOURS AFTER LEGISLATURE BOYKIN’S EZ PASS SCAM WARNING, WPCNR GETS AN EZ PASS SCAM LETTER

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TWO DAYS AGO COUNTY LEGISLATOR BENJAMIN BOYKIN OF WHITE PLAINS 5TH DISTRICT SENT OUT A RELEASE WARNING OF THIS KIND OF E-Z PASS SCAM.
THURSDAY WPCNR RECEIVED ONE. BOYKIN URGES RESIDENTS RECEIVING SUCH E MAIL TO IGNORE IT AND DO NOT DOWN LOAD THE ATTACHMENT.
WPCNR HAS E-Z PASS, IF YOU OWN SOMETHING E Z PASS CONTACTS YOU BY MAIL, NOT BY EMAIL. IGNORE REQUESTS BY E MAIL.

SEE LEGISLATOR BOYKIN’S NEWS RELEASE BELOW IN THIS NEWS TRAIL

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FEINER REPORTS PROGRESS IN THURSDAY A.M. MEETING WITH PETS ALIVE

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PCNR THE FEINER REPORT. From Greenburgh Town Supervisor Paul Feiner. July 23, 2015:

Greenburgh Councilman Francis Sheehan, Town Attorney Tim Lewis and I had a very constructive meeting with the leadership of Pet’s Alive this morning. Our goal is to work cooperatively to keep the no kill animal shelter open.  Pet’s Alive is holding a Board meeting early next week and we agreed to meet again next Thursday morning –continuing our dialogue.   We discussed the deed restriction on the property which limits development potential on the property. The deed restriction states that the property shall be used “solely and exclusively for park, recreational, or general municipal purposes or as an animal shelter in perpetuity.”

 

Will keep you updated.

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WP COUNCILMAN POSITION ON FASNY CRITIQUED BY OBSERVER

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WPCNR THE LETTER TICKER. JULY 23, 2015:

Time for a Change

Councilman John Kirkpatrick’s comments on the FASNY application during the recent Common Council Work Session, in my view, showed incredible disdain for the neighborhoods in the south end of the City that have vigorously opposed the FASNYdevelopment.  A few cogent examples:

• Mr. Kirkpatrick discussed his experience as a land use attorney while at the same time “complimenting” the neighborhood for arguing for a decrease in the proposed school population.   How disingenuous.  As any rookie land use attorney knows developers always ask for more than they expect to be approved.  Secondly the neighbors in the vicinity of the former Golf Club never asked for a reduction  in the school population: they believed placing a regional school of 260,000 square feet on the Club property was inappropriate and remains so;
• Mr. Kirkpatrick said that the Common Council must do what is best for all the residents of the City.  Where was the groundswell for FASNY? In fact, over 3,000 residents from virtually every street in the City signed a petition against FASNY. Neighborhood associations throughout the City are on record opposing the project. Other than residents with some connection to FASNY support for the school has been miniscule.  FASNY will pay no taxes in a City already constrained by budgetary limitations;
• Mr. Kirkpatrick smugly states that change is difficult and “neighborhoods deteriorate, although not this one”.  In fact, since FASNY made its proposal residential property values have sharply declined which is the first step in a neighborhood’s decline.   Yet amazingly not a word by Mr. Kirkpatrick of this critical point.
• Not surprisingly, Mr. Kirkpatrick did not cite the standards required for issuance of Special Permits under the City’s zoning law.  Why?  Because the FASNY application does not come close to meeting them and as Mr. Kirkpatrick knows all too well one of the standards is that any Special Permit use be in “harmony” with the neighborhood in question.
• Mr. Kirkpatrick focused on the so-called traffic modifications FASNY has made.  But he makes no mention of our School Board’s letter calling the proposed entrance on North Street profoundly unsafe.  He also chose notto mention the concerns of the City’s own traffic consultant regarding“mandatory busing” and other myths like FASNY vehicles will use the already congested Parkway instead of Mamaroneck Avenue and Ridgeway.
• Mr. Kirkpatrick never said a word about the City’s Comprehensive Plan.  Again, no surprise.  Why because the FASNY plan is not compatible with the Comprehensive Plan as the City’s own Conservation Board stated.

Finally, with a wry smile, Mr. Kirkpatrick said it is now time to declare “Victory” and approve FASNY and transfer a local street used by the residents to the school.  I think a better “Victory” would be for residents to turn Mr. Kirkpatrick out of office should he decide to seek reelection and replace him with someone who will represent the residents of White Plains.

Mary Anne Connell

 

 

 

 
Mobile:  914-522-0933

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Feiner Moves to Keep Shelter Open Wednesday Night. Finds Key Document Prohibiting Sale of Pets Alive Shelter

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Part of the crowd of 80 persons who came out to protest and seek solutions to the possible sale and closing of Pets Alive in Elmsford at the Greenburgh Town Hall. Greenburgh Supervisor Paul Feiner below called the meeting in response to phone calls and e-mails outraged at the Pets Alive plan to close the shelter. Photos by Peter Katz

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WPCNR HUMANE NEWS. By Peter Katz. Special to WPCNR. 

(Greenburgh, NY – July 22, 2015)

Greenburgh Town Supervisor Paul Feiner this evening told about 80 animal activists gathered at Greenburgh Town Hall that a deed restriction prevents Pets Alive, the current operator of what had been the Elmsford Animal Shelter, from selling the property to a developer or putting it to any commercial use.

Pets Alive had announced that it would close the shelter in the next couple of months, move any remaining animals to its shelter in Middletown, NY, and then sell the Elmsford property.

The deed restriction had been found and confirmed earlier today by Greenburgh Town Attorney Timothy Lewis and Town Board Member Francis Sheehan, both of whom attended the meeting. Feiner suggested that Pets Alive had hoped to receive from $3-million to $4-million for the property, for which it had paid only $10 in a land donation arrangement involving Greenburgh and Westchester County. At the time, the animal shelter had been operating in inadequate facilities off Saw Mill River Road, fairly close to some residences. The new location west of property which had been the Elmsford Drive-In Theater and now is Sam’s Club was a vast improvement.

Representatives of several animal rights groups in Westchester attended Wednesday evening’s meeting, as did a number of volunteers from the Pets Alive facility. There was a consensus that Westchester groups and animal lovers would be successful in running a new shelter at the Elmsford site, and Feiner took the role of catalyst to bring interested individuals together. He distributed questionnaires to help identify those in attendance and to begin assembling the talents needed for such a project.

Feiner said he would be meeting with representatives of Pets Alive in his office at 9 am Thursday. He, Lewis and Sheehan expressed the opinion that discovery of the deed restriction changes the dynamics of the situation, and provides tremendous leverage in negotiations with Pets Alive. Lewis explained that the restriction, which was in the property deed signed in the 1980’s by former County Executive Andrew O’Rourke, runs with the land and is binding on any entity holding title to the land.  It specifies that the land can only be used for parks and recreational purposes, for municipal purposes, or for an animal shelter.

While Pets Alive has stated that repair and maintenance costs for the current building have skyrocketed and the building is unsound, several people expressed doubt about such being the case. Town Attorney Lewis noted that the building inspector has the final say as to whether a building is structurally sound, and Greenburgh’s building inspector has not declared the shelter to be unsound.

Some volunteers at the current shelter expressed concern that older dogs, who have been unwanted for adoption and have called the shelter home for years, would not survive a change in surroundings to Middletown. The current shelter in Elmsford is on more that 5 acres of land and has more than 30,000 square feet of enclosed space.

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Encarnacao on the Republican Ticket. Lone Republican Running Against 3 Democratic Incumbents. Cerulli Petition Short on Signatures, Board of Elections Decides.

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WPCNR CAMPAIGN 2015. By John F. Bailey. July 22, 2015:

Co Chairman of the Westchester County Board of Elections Douglas Colety signed a ruling this afternoon denying Richard Cerulli of White Plains a position on the Common Council Election Ballot in White Plains in the November election, due to Cerulli’s petitions not having enough signatures. “He needed 326, and he only had 227. Someone challenged and we had to count them,” a employee in Colety’s office said.

Anne Marie Encarnacao’s petitions were approved and she will be the lone Republican on the ballot running against Democrat candidates Dennis Krolian, Milagros Lecuona, and Nadine Hunt-Robinson. Encarnacao will also have the Conservative line on the ballot.

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BEWARE THIS E Z PASS SCAM BOYKIN SAYS

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http://westchesterlegislators.com/district-5.html

Dear Friends and Neighbors,
Getting out of town for a few days is what makes us all look forward to the summer months every year.  Unfortunately this summer has brought out some unwanted attention as a result.  We’re urging everyone to beware of a new scam targeting E-Z Pass customers this summer.
Here is what to watch for: An email that appears to be from E-Z Pass, which has the E-Z Pass logo and says you owe money for driving on a toll road. It also provides a link to click for your invoice.  Don’t Click It.
The email isn’t from E-Z Pass. By clicking on the link, hackers may be putting something onto your computer with the goal of extracting personal information. By responding to this e-mail and clicking on the link, you could make yourself vulnerable to identity theft.
This E-Z Pass scam is one of the latest phishing scams, whereby criminals pretend to be legitimate businesses to gain access to your personal information.
Here are a few online security tips to help you avoid phishing scams:

  • Never click on links in emails unless you’re sure who sent you the message.
  • Don’t respond to any emails that ask for personal or financial information. Email isn’t a secure way to send that information.
  • Type an organization’s URL yourself, and don’t send personal or financial information unless the URL begins with https (the “s” stands for secure).
  • If an email looks like it is from E-Z Pass, contact E-Z Pass customer service to confirm that it is really from them.
  • Keep your computer security software current.

If you believe you have received one of these e-mails, forward it to spam@uce.gov and to the company being falsely portrayed in the e-mail.  Additionally, you can also file a complaint with the Federal Trade Commission by visiting at ftc.gov/complaint.  For more information you can also visit ftc.gov/idtheft.

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DiNapoli: Tax Cap Will be 3/4 of a percent in 2016 school and city budget planning

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WPCNR ALBANY ROUNDS. From the Office of Thomas DiNapoli, New York State Comptroller. July 21, 2015:

Property tax growth for local governments will be capped at less than one percent for the 2016 fiscal year, according to a report issued today by State Comptroller Thomas P. DiNapoli. The report noted the allowable tax levy growth factor will be 0.73 percent for entities that operate on a calendar-based fiscal year – which includes all counties, towns, fire districts, 44 cities and 10 villages.

“Local government officials need to brace for the lowest growth in their property tax revenue in the tax cap era,” said DiNapoli. “Municipalities may have to operate differently under these new limits. Even tougher budget choices may be required on staffing levels, delivery of services, fund balance reductions, and deferral of capital and infrastructure projects. And if inflation trends continue, it is possible that some local governments with fiscal years beginning later in 2016, including school districts, could be faced with zero growth in property tax revenue.”

The tax cap, which first applied to local governments beginning in 2012, limits tax levy increases to the lesser of the rate of inflation or 2 percent with some exceptions, including a provision that allows municipalities to override the cap.

DiNapoli estimates that next year more than 1,800 calendar-year local governments will have roughly $88.3 million less in tax levy growth compared to what they had in 2015 when the factor was 1.56 percent and $135.1 million less than they would have had when the factor was at 2 percent as in 2012 and 2013.

The Comptroller also projected that the potential impact of levy restrictions for school districts (which have fiscal years beginning July 1) could range from a loss of $182.7 million, assuming a factor of 0.73 percent, to a loss of $332.6 million, assuming a factor of zero. These ranges are in comparison to the 2015-16 tax levy cap of 1.62 percent.

Read the report, or visit: http://www.osc.state.ny.us/localgov/pubs/research/snapshot/taxcaptightens0715.pdf

For access to state and local government spending, public authority financial data and information on 50,000 state contracts, visit Open Book New York. The easy-to-use website was created by DiNapoli to promote openness in government and provide taxpayers with better access to the financial workings of government.

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