Background Facts:

Hart’s Brook Park Preserve is a wildlife preserve owned by 3 entities: NY State, Westchester County and the Town of Greenburgh. These owners are “stakeholders”. It was purchased in part through grants provided by the New York State Office of Parks, Recreation and Historic Preservation (NYSOPRHP). Per the NY State Department of Environmental Conservation, it is officially designated as a “Critical Environmental Area "for its “Preservation of Open Space, Exceptional or Unique Character and a Hilltop at or > 400 feet”. This designation is reflected on the page 14 of the applicant's own materials packet Environmental Assessment Form.

The Catholic Church was permitted to create a retirement home for nuns ("Marian Woods") inside this wildlife preserve with the promise it would never be developed for reasons other than its intended use by the nuns. Upon its creation, Marian Woods became a separate corporate entity from the Archdiocese and operates as an independent institution. Marian Woods now seek to subdivide and sell this parcel for private real estate development. This represents a threat to the preserve itself through Edge Effect, a threat to the wildlife inside the preserve, and quality of life of the surrounding neighborhood. It represents an increase in traffic and human density. It is a profound disturbance to the ecosystem the preserve seeks to protect, and a net decrease in quality of life for both the neighborhood and the preserve inhabitants.

The application states the subdivision is the only way to preserve the existing structure, but they've made no effort to ensure the structure remains and will not allow landmarking inspectors to enter. They made no effort to seek preservation status, historic status nor have they offered to return the property to the preserve owners. Furthermore, there is nothing preventing or restricting what any potential buyer might do - including demolish the house and further subdivide the property.

Most importantly, if the Town of Greenburgh permit Marian Woods to subdivide and sell the property for private residential development, they will establish a land use precedent under Federal Law (RLUIPA). Because it is a religious institution, this law would shield Marian Woods from certain zoning restrictions and make it virtually impossible for the Town to stop them from subdividing and sell the remaining 10 acres when they no longer need it. The Fact is, there are viable alternatives to this course of action and parties willing to facilitate those alternatives if the applicants and their attorney are willing to negotiate in good faith.

Marian Wood's application for Variance and Subdivision seeks to meet the NY State requirements for approval by claiming the impact to the neighborhood is negligible. We, the community and neighbors of Hart’s Brook Preserve, disagree in the strongest terms possible. They claim “the benefit to the applicant does not outweigh any detriment to the neighborhood”. This claim is both blatantly and demonstrably false. It has been and is still being strongly refuted by the community and several members of the Town of Greenburgh’s Zoning Board of Appeals in a hearing conducted in 14 July 2022. That hearing can be viewed Here: Discussion of the case starts at 52:41 (52 min 41 sec into the meeting). Please note, no one- not a single member of the community spoke in favor of this application. In fact, those of us in attendance and here, the undersigned, are deeply opposed to it.

Permitting this subdivision will set a terrible precedent for further development of the remaining 10 acres - particularly due to protections under Federal Law (RULIPA). Just as they are doing now, Marian Woods will seek to divest themselves of the 50 bed facility they built on that same parcel inside the preserve as there will be less need for it over time. The applicant’s own attorney has already admitted they “can’t promise it won’t happen”, and The Zoning Board of Appeals stated it had no doubt as to their plans to do so. To be clear, the applicants have not honored their promise. This parcel will be the subject of future conflict if nothing is done to prevent it. If this subdivision is permitted, it will seriously and irreversibly harm the preserve and the neighborhood. To state otherwise is simply dishonest.

Impact and Consequences:

While the preserve itself can never be developed, it can and will be seriously and forever harmed by the careless human activity inside it. Property development and increased human density does not happen in a vacuum. It has a significant impact on everything around it through a well known concept called Edge Effect. The application pretends that residential development is somehow magically self-contained. It ignores the permanent consequences of severely altering the environment and increasing human density. It misrepresents the impact on traffic, noise, property value and quality of life for us, the neighborhood. And it sets a precedent that prizes development over preservation, and the needs of the few over the needs of the many.

Impact and Consequences for Wildlife, Environment & Preserve:

• Noise pollution
• Light pollution
• Physical pollution & Human Disturbance
• Further Habitat loss
• Further introduction of invasive species
• Permanent alteration of the preserve’s character and intended use

Impact and Consequences for the neighborhood:

• Decreased quality of life by dramatically altering the preserve
• Increased traffic in an intersection with “accident rates that are significantly higher than the statewide average for similar type intersections.” per the Town of Greenburgh’s own traffic consultants 
  Page 2, Paragraph 4
• More vehicle noise and traffic
• More human traffic and litter
• More wear to our residential streets which are already in a state of perpetual disrepair

Request:

We ask the Town of Greenburgh Zoning Board of Appeals to deny this application.

We ask that the applicant and their attorney agree to negotiate in good faith with any agency or party wishing to resolve this issue without creating private real estate development in a wildlife preserve.

We ask the New York State Office of Parks, Recreation and Historic Preservation and the County of Westchester be included in all public discussions regarding this issue and be permitted to interact with the community and hear our concerns.

We ask the Zoning Board of Appeals to perform due diligence by contacting the State and County stakeholders who are 1/3 owners of the preserve itself, and involve them in this process so they may hear their concerns.

We ask the applicants to work with the owners of the preserve - the State of New York, Westchester County and the Town of Greenburgh to preserve and protect this property rather than carve it up and sell it for profit to the highest bidder.

 

Updates:

24 July, 2022 4:55 PM
Public Documents and References are linked below. These will be updated as more are discovered.

Thank you for your support!

Hart's Brook Preserve Records

A google Drive folder containing deeds, applications and public documents

Misc. Links to Public Meetings and Supporting Documents

Town of Greenburgh’s Zoning Board of Appeals in a hearing conducted in 14 July 2022  Discussion of the case starts at 52:41 (52 min 41 sec into the meeting).

Church application for variance and subdivision 
See Pg 14 for Critical Environmental Area Designation, Main application for claims of seeking to preserve house, and admission to not seeking any historical status for structure

Town of Greenburgh Traffic Consultants re: Ridge Road Intersection
SEE Pg 2 Paragraph 4