White Plains Council Open to Discussion on Nursery Ordinance
The White Plains Common Council closed the public hearing on a proposed amendment to the city’s Zoning Ordinance to add Nursery Business as a Special Permit Use and add Organic Manufacturing as a Principal Permitted Use. However, instead of voting on the ordinance as they had planned, Council members decided to allow a month of talks between the local nurseries that would be affected by the new law and neighbors whose property abutted their businesses.
Paul Bergens, a general practice attorney in White Plains, was the first to speak during the Nov. 7 public hearing. Representing the Gedney Farms Nursery, Bergens said the proposed legislation was ill considered.
The Council is considering many new businesses coming in to the city, but this nursery legislation could destroy two iconic businesses that have been in the city for over 50 years at the same property locations, paying real-estate taxes and sales tax, Bergens said.
They have provided most of the gardening needs for many White Plains generations, he continued, adding that these nurseries (Gedney Farms and Amodio’s) have been good neighbors to the community, receiving awards from civic organizations like the White Plains Beautification Foundation.
Calling the new law Draconian, Bergens asked: “Why bring out the largest weapon in the municipal arsenal, which is the Zoning Ordinance to solve the problems?” Why not have the neighbors and the nurseries discuss the problems to find solutions.
Speaking for Gedney Farms Nursery alone, Bergens said they were already working under very strict restrictions imposed by a court ordered settlement, and that operations involving a tub grinder and soil screening, as well as truck movements on and off the property were already limited to specific days and times.
Because the Gedney nursery is already operating at a distance of 300 feet from any residential property, Bergens claimed the business was within the confines of acceptable practice and that the new law would result in lengthy litigation.
About four neighboring families who have lived next to or close to the nurseries for many years said the operations were unhealthy and loud and made it impossible for them to enjoy their properties.
There were several claims that as many as six different businesses were operating out of Amodio’s.
Annemarie Amodio spoke to the Council, saying she was not on trial, though she felt like she was. “We went to trial in 2007 because of a case against the business brought on by the city of White Plains.”
“We won that case,” Amodio said, obviously distressed. “And we won the appeal. These few neighbors have been after us for over 20 years. Their claims are totally untrue.”
Amodio said that in all the time her family had run the business, not one neighbor had come forward to discuss any problems. She also said it was a lie that six companies were operating on the property. “We have James J. Amodio Landscaping Corp. and Amodio’s Garden Center. We follow the law. We don’t deserve to be treated this way. We don’t want to be put out of business. These neighbors are using the Common Council to do their work for them.”
Councilman Dennis Krolian suggested that before the Council voted on the proposed ordinance time should be allowed for discussion between the parties most affected.
Mayor Tom Roach said, “Never to be governed by the threat of litigation, but maybe we should have discussion.”
The rest of the Council agreed and the vote was tabled to next month’s meeting.
