That was written in 1962 and the rifle range at issue was the former facility on Ardsley Road in Greenburgh that had been in existence since either the 1930s or the 1940s and was operated by The Westchester County Police Revolver & Rifle League. Despite the name, the range had no official connection to law enforcement. It was not until 2014, over half a century later after the first complaints were made, amidst allegations that a shell casing from the range was found in the nearby new Toll Brothers development on Ardsley Road coupled with complaints by residents in nearby Edgemont that as a result of tree deforestation by Con Edison, the noise levels at the range had become unbearable, the range was forced to close.
The rifle range is being used as an example of things that fall into the proverbial black hole of public attention and official indifference.
A recent story in this Thursday’s The New York Times discusses the dubious circumstances under which a deed restriction on a property on Rivington Street that limited the property to non-profit healthcare uses was removed (following the efforts of connected lobbyists) resulting ultimately in the resale of the property to a “for profit” nursing home company at a gain to the seller who had the restriction lifted of one hundred million dollars. Previously the City of New York had received $16.5 million for this deed change – leaving $100 million on the table when the property was resold for $116 million.
Undoubtedly Mr. Trump will be making this an example of a “bad” deal when the primary battle comes to New York State as Mayor de Blasio has endorsed Mrs. Clinton.
Notice of the lifting of the deed restriction was published for one day in an obscure NYC publication. In shades of the brownfield application by JPI filed with the Department of Environmental Conservation (DEC), which was published to little fanfare in The Journal News, no one who was going to be impacted by the deed change, was notified.
As an online commentator to the story about the Rivington Street building wisely observed:
“I'm aghast that with all the technology and media we have to keep up with the Kardashians 24/7 that RE transactions in NY are purposely only published in the least read places and neither the media or (sic) the mayor is apprised of anything that's going on until after the fact.”
Once again, we cannot fault the bureaucrats at the DEC as the “notice” provisions to local communities about Brownfields are dictated by the New York State legislature who is stuck in the 19th century by requiring notice by publication in newspapers.
In Greenburgh, after an eight (8) year effort costing nearly half a million dollars, the Town (excluding the incorporated Villages), created a draft Comprehensive Plan ("DCP"). http://greenburghcomprehensiveplan.com
As explained on the Town website, “A comprehensive plan is a strategic and visionary document that describes a community’s desired future for a period of approximately 20 years. It is based on community‐derived values and guides decision‐making and actions affecting the enhancement, growth and physical development of the community. A comprehensive plan is a policy document that does not, in and of itself, have the force of law. However, once adopted, all policies and municipal laws, including local zoning regulations, must be consistent with the plan."
The Jefferson site is located adjacent to what the DCP calls the “R & DCS” or southerly research and development cluster in an area called "Research and Development Supportive." As explained in page 12-62 of the DCP:
"Similar to the R&DCN (the northern research and development cluster on Old Saw Mill River Road near the border of Greenburgh and Mt Pleasant), the southern cluster is also heavily buffered from residential uses by distance, site topography, wooded areas and highway rights‐of‐way. These site features provide the potential for greater densities and heights of buildings. A broad range of research and development uses, commercial and office uses, and satellite office/research uses of universities and medical centers could be located on the site. In order to further support the R&DCS (Figure 12.20 reproduced below), uses complementary to those necessary for successful R&D clusters could be developed on adjacent existing sites."
The only reference in the DCP for the term “complementary” is as follows:
“Complementary development planned in the Village of Dobbs Ferry includes a project known as “Rivertowns Square,” which proposes a 107‐room hotel and residential and commercial mixed‐uses. This mix of uses in close proximity to the R&DCS would provide services not currently existing.”
So there we have it – one small ambiguous three word reference to the over 10 acre site where JPI wants to build 272 apartment units in the Ardsley School District. Is this Complementary Development? Is this Research and Development Supportive? Would The Jefferson be consistent with the DCP as now written? Is the DCP visionary and strategic? It should not surprise anyone that JPI, in its brownfield cleanup application with the DEC, claimed the DCP supports the construction of The Jefferson.
Zoning and planning are like war - they are too important to leave to the Generals.
In future posts we will explore what other types of complementary or supportive uses could have been considered (or could still be considered) in the DCP for the former Azko Nobel site where JPI plans to build.
Parenthetically, the draft Comprehensive Plan makes no mention of the area in Greenburgh where the rifle range was located for nearly seventy five (75) years.
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