If Greenburgh Can Grant a 3000% Variance for Formation-ShelbourNe, On what basis will Greenburgh deny the next application?
When it comes to land use matter, the Greenburgh town board has played fast and loose. The case with Shelbourne has been no different, as explained by Jim Kane himself in his explanation of the sequence of events, which contradicts Paul Feiner's account.
This same manner of handling land use matters is what got Paul Feiner into trouble with Fortress-Bible. The Fortress-Bible matter resulted in a $6.5 million settlement which Greenburgh is still paying off.
Moreover, if this 3000% variance is granted, what will the Town's response be when the next developer threatens to sue because they want a similar variance elsewhere in the community? This grant sets a precedent: an assisted living facility can be anywhere AND any law protecting residential neighborhoods from other prohibited uses can also be changed, not through legislation but through variances.
Further still, the manner in which the Town can change the uses of land without sufficient process and notification gives rise to all sorts of other possibilities in our community and lawsuits against Greenburgh if they aren't granted.