Supervisor Paul Feiner and company are facing a lawsuit from opponents of a proposed sports bubble on Dobbs Ferry Road. Game On 365, the company behind the proposal, released the following statement from project manager Martin Hewitt about the pending litigation, which was filed earlier this month:
Game On 365 expected that Elm Street Sports Group would file a lawsuit. Given the nature of local competitive operations, it did not come as a surprise to us that the lawsuit seeks a result which would effectively block, or at least delay, the development of the proposed sports related facilities in the area, though we believe that Elm Street’s efforts are destined to fail. The Town referendum scheduled for November 6 falls three days before the parties are to submit their arguments on the lawsuit. We will continue to encourage the residents of Greenburgh to vote on November 6 in favor of the Game On 365 proposal to build The Westchester Field House which will generate over $5 million in revenue for the town over 15 years, relieving the heavy tax burden on residents.”
Simon Cohen, who founded a group opposed to the proposed sports bubble, also released a statement today about the town’s environmental assessment of the site:
The Town of Greenburgh is currently performing a sham Phase II Environmental Site Assessment (ESA) of 715 Dobbs Ferry Road (aka Frank’s Nursery) for the Game On 365 Sports Bubble Lease. Due to its previous uses, Frank’s Nursery is likely to be contaminated and needs to be closely examined to ensure it’s a safe place for children to play.
Supervisor Feiner himself said ‘Because the property had been used as a nursery, soil testing needs to take place before any sale of the property or lease of the property is to be agreed.’ (Westchester Guardian 3/10/11)
The Town’s environmental engineers, Woodard & Curran, stated in their Phase I study: ‘According to historical city directories, the Subject Property was utilized as a nursery since 1971. Nursery activities may have included the application of pesticides and herbicides, and storage of hazardous substances. In addition, the redevelopment of the Site from farmland to a nursery in 1971 and Frank’s Nursery in 1994 may have included the use of deleterious fill material. Therefore, the historic fill and potential pesticide usage represents a potential MATERIAL threat of hazardous and petroleum substances and is designated REC-6. Due to the potential for a material threat of a release to the environment, we recommend a Phase II ESA to investigate …. REC-6. This investigation would include an investigation of soil and/or ground water.’
The Town, in direct contradiction to the above recommendation, has specifically omitted ANY testing of the soil for pesticides, herbicides, hazardous substances and deleterious fill in the scope of their Phase II ESA. They have specifically limited soil testing for the known oil spill – a mere 6 soil borings under the existing boiler room. They are not testing any other location in the remaining seven acres, including the land where the pesticides were used or where the deleterious fill was dumped. An honest Phase II study examining the entire site still needs to take place prior to the land being leased.
It is reprehensible that Supervisor Feiner and Game On 365 would knowingly omit this critical testing so they can move forward with constructing children’s playfields directly onto this untested, likely contaminated soil. They will hold high this sham Phase II study and claim the property is clean when in fact the land has still not been tested and as such will never be remedied. To take such a risk with our children is despicable.”
Game On 365 commissioned this rendering of the sports complex the company wants to build on Dobbs Ferry Road in Greenburgh. (Courtesy of Game On 365)