Thursday, January 13, 2011

FIRST AMENDMENT DOESN'T APPLY TO ELECTED OFFICIALS IN GREENBURGH...BUT I CAN WRITE A PRESS RELEASE URGING APPROVAL OF DELI DELICIOUS APPLICATION

GREENBURGH'S ETHICS LAWS PROHIBIT ELECTED OFFICIALS FROM EXERCISING FIRST AMENDMENT RIGHT TO FREE SPEECH BEFORE ZONING OR PLANNING BOARDS...

FEINER CAN'T WRITE OR TESTIFY AT ZONING BOARD MEETING AND SPEAK OUT IN FAVOR OF DELI DELICOUS APPLICATION BUT HE CAN SEND OUT A PRESS RELEASE, ACCORDING TO ETHICS BOARD

DENIAL OF DELI DELICIOUS APPLICATION FOR DRIVE UP WINDOW WILL CAUSE ANOTHER BUSINESS TO CLOSE

TO: MEDIA COVERING GREENBURGH....
Earlier tonight I met with the members of the Ethics Board. The town's ethics code prohibits elected officials from appearing before the Zoning Board to advocate or oppose an application pending before them. (First Amendment doesn't apply here). The Ethics Board advised me that although I am prohibited from testifying at the Zoning Boardr meeting - I can write a letter to the editor, send out a press release, hold a press conference or issue a statement for or against an application as long as I do not personally speak to Board members --privately or publicly or directly write to them in favor or in opposition to an application.

I am writing this letter because I am concerned. Deli Delicious, which is located at 24 Tarrytown Road, White Plains, has an application pending before the Zoning Board seeking permission to construct a drive up window with a paved circular driveways. The vote is scheduled for January 20th.

I have been advised that the DELI WILL CLOSE THEIR BUSINESS IF THE APPLICATION IS REJECTED. i HAVE ALSO BEEN ADVISED THAT SOME OF THE MEMBERS OF THE ZONING BOARD MAY NOT SUPPORT THE APPLICATION.

This application is important because many members of the business community/ realtors are watching. If the zoning board rejects the application a strong message will be sent to others in the business community that Greenburgh is not open for business. On the other hand, if the application is approved -we will be sending a message to others that Greenburgh is trying to become a business friendly community. It will make it much easier to replace empty storefronts with great tenants. Deli Delicious has been a good business. They have faced difficult times due to the closing of the Verizon building across the street. Their business is located just off of Route 119. An empty store would do the town no good ---in fact it will be costly since the owner will be entitled to file a certiorari (tax grievance).

I would appreciate it if you would write a story about this. Although I can't speak to the Zoning Board to express my views on the subject directly, it's my hope that some of the Zoning Board members will read the article and recognize how important their vote is to the town.

I also think the current law that prohibits elected officials from appearing before the Zoning and Planning Board to advocate for or against an application is a bad law that should be repealed. I recall reading about the first amendment --which provides freedom of speech --when I was in law school. Elected officials have a responsibility to speak out on issues we feel are important to the community.

PAUL FEINER
greenburgh town supervisor

4 comments:

Fed Up With Feiner said...

Feiner hasn't met a law he likes or abides by. After 20 years in office he believes he is above every and any law. The ethics committee should be ashamed of themselves...they are not protecting Greenburgh citizens from a politician gone astray. Feiner actually appeared at a Planning Board meeting several years ago and spoke on behalf of an application by Venetian Delight when they were expanding to the vacant store next door. He should not have been allowed to speak but that didn't stop him. And BTW, Venetian Delight donates food whenever asked to by Feiner or his staff. If that's not a bribe I don't know what is. That's why the law does and should prohibit elected officials from commenting in any form for or against an applicant. Feiner just doesn't get it - he has to learn to live by the rules or get the hell out of office.

Mr. Cinque said...

What happened to the Burger King on Tarrytown Road?

why don't u retire said...

Business Friendly you say, ha, ha.
Mr. Deli Delicious boo hoo hoo so worried about loosing his business he can't even showel his own sidewalks. Deli Delicious owner knows how to shovel it, but it isn't snow he shovels. He hasn't cleaned his sidewalls for our town residents who would like to take the bus to go to work on RT. 119., so they walk out on the busy street or are knee deep in snow. Was driving by and a woman with a baby carriage had to go out on 119 because she couldn't go through the mounds of snow and ice. So far no clean up happened the past 3 snow storms. Shame on him and shame on you.
Your sticking out your neck for a man that doesn't care about anyone other than his bottom line. If he cared so much about his business he would realize a drive-thru isn't what he needs it's new management. with fresh new ideas and fresh food. He can't hold a candle to any of his competitors. Thats why The county employees boycotted him because he can't keep his mouth shut.
Look twice before you know who to support Mr. Feiner because it seems you're blinded by the almighty dollar when it comes to campaign contributers and paying back your political favors.
Try helping those new businesses that can't open because your fees are so high in the town for permits and paper work or just can't get there inspections done in a timely manner. Help those who want to start fresh in life or get a new start with a new business. Not the stale ones that just don't keep up with trends or just doesn't care about what the customer wants.

why don't u retire said...

It seems Deli Delicious decided to close there doors today. It seems the Zoning Board didn't give him a positive vibe so he just up and closed his business even before the official decision was handed down.
Hey Mr. Feiner is this how Deli Delicious is so confident and well invested in there business that a few negative comments and he shuts down. Was the Drive thru really going to save the day? I don't think so. If Mr. Deli Delicious really wanted to save his business he would have plan B through Z before shutting his doors. I truly think it's a ploy to get sympathy or an I told you so if I didn't get my way. That business had true potential if he just revamped his business plan. He had no financial proof his business would thrive with this drive thru. I heard even the Zoning Board members called it a non viable idea.
So before you rant on how you want to save businesses make sure the business owner really is invested in doing so too.
The idea of a drive thru was most likely to up his property value before selling it thinking he had a chance to get more potential buyers interested because of that extra little perk.
Sorry to see Deli Deliciious go. But if his true heart and soul wasn't in it no one need not take the blame other than himself.