White Plains Urban Renewal Agency

RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF WHITE PLAINS AS LEAD AGENCY UNDER THE NEW YORK STATE ENVIRONMENTAL QUALITY REVIEW ACT (SEQR), REGARDING THE APPLICATION SUBMITTED BY THE FRENCH AMERICAN SCHOOL OF NEW YORK (FASNY) FOR A SPECIAL PERMIT TO DEVELOP A PRIVATE ELEMENTARY AND SECONDARY SCHOOL WITH ACCESSORY NURSERY SCHOOL OR DAY CARE CENTER, AND ACCESSORY STRUCTURES AT 400 RIDGEWAY, WHITE PLAINS, ACCEPTING THE FINAL ENVIRONMENTAL IMPACT STATEMENT ("FASNY FEIS") AS COMPLETE, FINDING IT TO BE ADEQUATE AND ACCURATE WITH RESPECT TO ITS SCOPE AND CONTENT, AND AUTHORIZING THE ENVIRONMENTAL OFFICER TO TAKE SUCH ACTIONS NECESSARY TO MAKE THE FASNY FEIS AVAILABLE TO THE PUBLIC AND DISTRIBUTE NOTICES ACCORDINGLY. WHEREAS, at its meeting of September 6, 2011, the Common Council declared itself to be the Lead Agency for the environmental review in regard to the New York State Environmental Quality Review (SEQR) regulations of the site plan and special permit application, dated July 15, 2011, for approval of a new private elementary and secondary school and accessory nursery school with accessory structures and athletic fields to be located at the approximately 129.69 acre property known as 400 Ridgeway, and submitted on behalf of The French American School of New York ("FASNY" or "Applicant') (together the "Initial Project"); and WHEREAS, the proposed Initial Project involves development of a private elementary and secondary school and accessory nursery school, with accessory structures and athletic fields to accommodate a projected enrollment of 1,200 students and 225 to 250 staff members, including construction of several school buildings totaling approximately 230,863 square feet of building area with approximately 428 parking spaces; three playgrounds, four tennis courts, four soccer fields, a six lane track, a basketball court, a baseball diamond, a softball diamond, a swimming pool; and land proposed to be maintained as a Conservancy consisting of approximately 84 acres to be reestablished as meadows with trails, sitting areas and shelters; and WHEREAS, the proposed Initial Project involves several related approval actions for the purpose of the environmental review: 1. Approval by the Common Council of a Special Permit and Site Plan for the development of a private elementary and secondary school with an accessory nursery school, and including new or relocated curb cuts on Ridgeway and Hathaway Lane, 2. Approval of a special permit for an accessory structure for four tennis courts, 3. Approval of a special permit for an accessory structure for the dimensionally non- conforming swimming pool, 4. Approval of a special permit for an accessory structure for a basketball court,  5. Approval by the Commissioner of Public Works of the Stormwater Pollution Prevention Plan ("SWPPP"), 6. Approval by the Westchester County Health Department of the proposed water supply and sanitary sewer systems, 7. All other necessary actions and approvals by other governments and agencies related to the implementation of the above actions, 8. Approval of the Traffic Management Plan, and 9. Approval of the Conservation Management Plan; and WHEREAS, the FASNY property, consisting of four separate parcels of land with road access from 400 Ridgeway and Hathaway Lane is an environmentally sensitive site under Section 4.4.25 of the Zoning Ordinance and Chapter 3.5 of the Municipal Code, and, at approximately 129 acres, is one of the largest open space properties in the City of White Plains; and WHEREAS, the FASNY property is located in the Mamaroneck River Watershed, and has been identified in the Watershed Advisory Committee 4 (WAC-4) Management Plan, dated January 2001, to be part of a "wetland system on the north and south sides of Ridgeway Avenue in White Plains, including an over 24 acre NY State-designated wetland No. G-7 north of Ridgeway Avenue and the wetland at Club Pointe residential complex south of Ridgeway Avenue" which the WAC-4 Plan identifies as of "extraordinary functional value to water quality in the subwatersheds of the Mamaroneck and Sheldrake rivers and Mamaroneck Harbor"; and WHEREAS, the FASNY property is currently improved with the facilities of the former Ridgeway Country Club including a clubhouse, an 18-hole golf course, eight tennis courts, a swimming pool, and approximately 165 parking spaces spread over four lots (23, 12, 50, and 80- space lots) which are not being maintained as a golf club at this time; and WHEREAS, by letter addressed to the White Plains Board of Appeals from Michael D. Zarin, Esq., Zarin & Steinmetz, Attys., dated July 15, 2011, FASNY applied for special permit and site plan approvals for a private elementary and secondary school special permit use and accessory nursery school; and WHEREAS, in accordance with the Zoning Ordinance, the Common Council reclaimed jurisdiction of the Special Permit/Site Plan application based on its substantial public importance; and WHEREAS, the Environmental Officer in his correspondence, dated August 29, 2011, recommended that the Common Council (a) designate itself to serve as the Lead Agency to conduct an environmental review of the Initial Project; (b) determine that the Initial Project is a Type I Action under SEQR regulations; ( c) find that the Initial Project, when compared to the SEQR criteria of environmental significance listed in 6 NYCRR 617.7 of the SEQR regulations, may have significant adverse impacts on the environment;(d) determine that the Applicant prepare a Draft Environmental Impact Statement (DEIS) to systematically assess potential impacts, alternatives and measures to mitigate potential impacts; and e) schedule a scoping meeting to receive comments regarding the scope of issues to be addressed in the DEIS to be held October 3, 2011, in the Common Council Chambers, City Hall, 255 Main Street, White Plains, NY, immediately following the regularly scheduled Common Council meeting which commences at 7:30 p.m. and establish a period to receive written comments; and WHEREAS, at its September 6, 2011 meeting, the Common Council adopted an environmental findings resolution entitled "ENVIRONMENTAL RESOLUTION OF THE COMMON COUNCIL DECLARING ITSELF AS LEAD AGENCY FOR THE ENVIRONMENTAL REVIEW OF THE APPLICATION SUBMITTED BY THE FRENCH AMERICAN SCHOOL OF NEW YORK FOR A SPECIAL PERMIT TO DEVELOP A PRIVATE ELEMENTARY AND SECONDARY SCHOOL WITH ACCESSORY NURSERY SCHOOL OR DAY CARE CENTER AT 400 RIDGEWAY, WHITE PLAINS ("PROPOSED ACTION"); FINDING THE ACTION TO BE A TYPE I ACTION UNDER THE WHITE PLAINS ZONING ORDINANCE AND NY STATE ENVIRONMENTAL QUALITY REVIEW ACT REGULATIONS; FINDING THAT THE PROPOSED ACTION MAY HAVE A SIGNIFICANT ADVERSE IMPACT ON THE ENVIRONMENT; DETERMINING AND DIRECTING THAT A DRAFT ENVIRONMENTAL IMPACT STATEMENT ("DEIS") BE PREPARED BY THE APPLICANT; DIRECTING THE CIRCULATION TO INVOLVED AGENCIES AND THE PUBLIC OF THE APPLICANT'S PROPOSED DRAFT SCOPING DOCUMENT, DATED MAY 20, 2011; AND SCHEDULING A PUBLIC SCOPING SESSION AFTER THE COMMON COUNCIL MEETING OF OCTOBER 3, 2011"; and WHEREAS, at its October 3, 2011 meeting, the Common Council held a public scoping session regarding the Draft Scoping Document, and, following the closure of the public scoping session, adopted a resolution to extend the time to receive written comments beyond the established ten (10) day comment period until 5:00 p.m., November 4, 2011; and WHEREAS, at its meeting on December 5, 2011, the Common Council adopted the "French American School of New York Scoping Document" dated November 29, 2011, ("Scoping Document") that reflected the comments of the Common Council after the November 21, 2011 work session, comments of City Staff, public statements presented at the public scoping session, and written comments submitted by November 4, 2011, which Scoping Document was posted on the City's website; and WHEREAS, the Commissioner of Planning submitted to the Common Council a communication, dated May 29, 2012, attaching a list entitled "FASNY PRELIMINARY DRAFT ENVIRONMENTAL IMPACT STATEMENT COMPLETENESS REVIEW," which details the portions of the FASNY Preliminary DEIS that were not complete with respect to the adopted Scoping Document and/or were not adequate with regard to scope and content; and WHEREAS, based on the above, the Environmental Officer in a letter, dated June 6, 2012, recommended that the Common Council (1) determine that the FASNY Preliminary DEIS, dated May 9, 2012, was not adequate for the reasons listed in the "FASNY PRELIMINARY DRAFT ENVIRONMENTAL IMPACT STATEMENT COMPLETENESS REVIEW," and (2) request that FASNY address the inadequacies identified in the completeness review; and WHEREAS, at its June 11, 2012 meeting, the Common Council adopted an environmental resolution entitled "RESOLUTION OF THE WHITE PLAINS COMMON COUNCIL (COMMON COUNCIL) ADOPTING ENVIRONMENTAL FINDINGS ISSUED UNDER THE NEW YORK STATE ENVIRONMENTAL QUALITY REVIEW ACT, (SEQR), REGARDING THE APPLICATION SUBMITTED BY THE FRENCH AMERICAN SCHOOL OF NEW YORK (FASNY) FOR A SPECIAL PERMIT TO DEVELOP A PRIVATE ELEMENTARY AND SECONDARY SCHOOL WITH ACCESSORY NURSERY SCHOOL OR DAY CARE CENTER AT 400 RIDGEWAY, WHITE PLAINS, WHICH DETERMINES THAT THE REVISION NO. 1 PRELIMINARY DEIS, DATED MAY 9, 2012 SUBMITTED BY FASNY IS NOT COMPLETE AND NOT ADEQUATE FOR ACCEPTANCE BY THE COMMON COUNCIL FOR PURPOSES OF COMMENCING PUBLIC REVIEW, FOR THE REASONS LISTED IN THE "FASNY PRELIMINARY DRAFT ENVIRONMENTAL IMPACT STATEMENT COMPLETENESS REVIEW," DATED MAY 29, 2012, ATTACHED HERETO, AND REQUESTING THAT THE APPLICANT ADDRESS THE DEFICIENCIES IDENTIFIED IN THE COMPLETENESS REVIEW"; and WHEREAS, FASNY subsequently submitted revisions to the Preliminary DEIS, which revisions were reviewed by City staff; and WHEREAS, FASNY submitted a revised Preliminary DEIS, dated July 9, 2012; and WHEREAS, as stated in the July 31, 2012 communication from the Commissioner of Planning, the City staff representing the Departments of Planning, Traffic, Public Safety, Public Works, Building and Law, Environmental Officer and Outside Counsel Steven Silverberg found that the document was complete with respect to scope and content and recommended that the Common Council make such determination and take such actions as are required by SEQR; and WHEREAS, based on the recommendations of City staff and the Environmental Officer, and based upon the Common Council’s review of the revised Preliminary DEIS, at its meeting of August 6, 2012, the Common Council (1) adopted a resolution entitled “RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF WHITE PLAINS AS LEAD AGENCY UNDER THE NEW YORK STATE ENVIRONMENTAL QUALITY REVIEW ACT, (SEQR), REGARDING THE APPLICATION SUBMITTED BY THE FRENCH AMERICAN SCHOOL OF NEW YORK (FASNY) FOR A SPECIAL PERMIT TO DEVELOP A PRIVATE ELEMENTARY AND SECONDARY SCHOOL WITH ACCESSORY NURSERY SCHOOL OR DAY CARE CENTER AT 400 RIDGEWAY, WHITE PLAINS, ACCEPTING THE DRAFT ENVIRONMENTAL IMPACT STATEMENT ("FASNY DEIS") AS ADEQUATE WITH RESPECT TO ITS SCOPE AND CONTENT FOR THE PURPOSE OF COMMENCING PUBLIC REVIEW, AND SCHEDULING A PUBLIC HEARING AND TAKING SUCH OTHER ACTIONS AS ARE REQUIRED BY SEQR”, which resolution:  (a) accepted the Final FASNY DEIS as complete and adequate with respect to its scope and content for the purpose of commencing public review in accordance with 6 NYCRR 617. (3) and (4), (b) authorized and directed the Environmental Officer to cause the Final FASNY DEIS to be made available to involved agencies, interested parties and the public, including placing a copy at the White Plains Public Library located at 100 Martine Avenue, White Plains, NY in accordance with 6 NYCRR 12(b)(1),(3) through (6), ( c) directed the Environmental Officer to cause a Notice of Completion of the Final FASNY DEIS to be published in accordance with 6 NYCRR 617.12(a)(2)(iii), (d) scheduled a public hearing regarding the Final FASNY DEIS to be held on September 19, 2012 at 7:00 p.m., in the Common Council Chambers, White Plains Municipal Building, 255 Main Street, White Plains, New York with adjournment to October 17, 2012 at the same time, for the purpose of receiving public comments on the Final FASNY DEIS in accordance with 6 NYCRR 617.9(a)(3) and (4) and 617.12(a) and (b), and (e) scheduled a written comment period for 10 days following the close of the adjourned public hearing to 5:00 p.m. on October 29, 2012 for the purpose of receiving such written comments regarding the Final FASNY DEIS in accordance with 6 NYCRR 617.9(4); and WHEREAS, a copy of the Final FASNY DEIS was placed at the White Plains Public Library, in accordance with 6 NYCRR 617.12(b)(5) and on the City’s website; and WHEREAS, public hearings on the Final FASNY DEIS were held on September 19, 2012 and October 17, 2012, and further adjourned to and continued on November 13, 2012 for the purpose of receiving public comment; and WHEREAS, the written comment period was extended to November 23, 2012; and WHEREAS, the transcripts of the public hearing and the written comments were posted on the City’s website; and WHEREAS, since the FASNY Application has not been withdrawn and based on the Final FASNY DEIS and comments thereon indicating that the Initial Project may have significant adverse impacts on the environment, pursuant to 6 NYCRR 617.9(5)(I) a final Environmental Impact Statement (“Final FEIS”) has been prepared; and WHEREAS, pursuant to 6 NYCRR 617.9(b)(8), an FEIS consists of the DEIS by incorporation or by reference, any necessary corrections or revisions to the DEIS, copies or a summary of substantive comments received during the public comment period on the DEIS indicating their source, and the Lead Agency’s responses to substantive comments; and  WHEREAS, the Commissioners of Public Safety and Public Works, and the Deputy Commissioner of Parking for Transportation Engineering, and outside consultants Susan Habel, Management Associate, TRC Engineers, Inc., traffic, air quality and noise consultants, and outside Counsel Steven Silverberg, Esq., (“City Staff”) worked with representatives of FASNY to develop a draft FEIS, dated July 21, 2013, which was submitted to the Common Council on July 25, 2013 (“DFEIS”) and which contains (a) a description of the project as it has been modified by FASNY (“Modified Proposed Project” or “Project Modifications”) in response to the comments on the Final FASNY DEIS; (b) copies and summaries of substantive comments received on the Final FASNY DEIS and on the Modified Proposed Project contained in the DFEIS and the source of the comments; and ( c) the proposed, draft Lead Agency responses to the Final FASNY DEIS comments prepared by City Staff; and WHEREAS, consistent with SEQR regulations at 617.9(b)(8), Chapters 1 and 2 of the DFEIS contain the Modified Proposed Project developed by FASNY in response to substantive comments made during the public review and comment period on the DEIS; and WHEREAS, in addition to FASNY’s Modified Proposed Project, FASNY has provided in the DFEIS additional description and analysis for three access options; and WHEREAS, the three access options are referred to herein and in the DFEIS as: (a) Modified Proposed Project/Ridgeway (MPP/Ridgeway”), (b) Modified Proposed Project/North Street (“MPP/North Street”) , ( c) Modified Proposed Project/Bryant Avenue (MPP/Bryant Avenue”); and WHEREAS, Chapters 1 and 2 of the DFEIS are each divided into parts as follows: (a) Chapter 1.0: Modified Proposed Project, (b) Chapter 1.1 Modified Proposed Project/Ridgeway, ( c) Chapter 1.2 Modified Proposed Project/North Street, (d) Chapter 1.3 Modified Proposed Project/Bryant Avenue, (e) Chapter 2.0 Environmental Analysis, (f) Chapter 2.1 Environmental Analysis: Modified Proposed Project/Ridgeway, (g) Chapter 2.2 Environmental Analysis: Modified Proposed Project/North Street, and (h) Chapter 2.3 Environmental Analysis: Modified Proposed Project/Bryant Avenue ; and WHEREAS, the Final FASNY DEIS is included in the DFEIS by reference; and WHEREAS, the draft Lead Agency’s responses to comments on the Final FASNY DEIS and to the Modified Proposed Project for each access option as prepared by City Staff are contained in Chapter 3, subchapters 3.1 through 3.21 of the DFEIS, dated July 21, 2013, and correspond to the topic category chapters included in the Final FASNY DEIS; and  WHEREAS, where the Initial Project or its environmental review is modified by the Modified Proposed Project or where modified or additional impacts have been identified in relation to the Modified Proposed Project under its three access options, these are responded to in the respective Chapter 3 subchapters; and WHEREAS, if the Modified Proposed Project does not modify or create any information or impacts beyond those identified in the Final FASNY DEIS, then the responses in Chapter 3 subchapters 3.1 through 3.21 reference the Final FASNY DEIS; and WHEREAS, the DFEIS also includes the following: (a) Appendix A: Traffic Management Plan (as proposed by FASNY) (b) Appendix B: Habitat Restoration Report ( c) Appendix C: Applicant’s Memo on Zoning (d) Appendix D: Dam Modification Report (e) Appendix E: Traffic (f) Appendix F: Air Quality Idling Analysis (g) Appendix G: Zoning Use Table (h) Appendix H: MPP/North Stormwater Analysis ; and WHEREAS, the DFEIS also includes Volume 2, dated July 15, 2013, containing all public comments received at the hearings or in writing on the Final FASNY DEIS; and WHEREAS, there have been no supplements to the Final FASNY DEIS since its acceptance as complete on August 6, 2012; and WHEREAS, although not required by NY SEQR regulations, the DFEIS, dated July 21, 2013, and submitted to the Common Council, as Lead Agency, on July 25, 2013, was posted on the City’s website on August 2, 2013, to provide the public an opportunity to see the DFEIS; and WHEREAS, the Common Council, as Lead Agency, has reviewed the DFEIS submitted to it on July 23, 2013, and by this resolution makes modifications to the following responses to substantive comments contained in Chapter 3 prepared by City Staff: (1) subchapter 3.4 Introduction, 3.4-2, 3.4-6, 3.4-14, and 3.4-17; (2) subchapter 3.11-Introduction, 3.11-2, 3.11-3,3.11-7, 3.11-8, 3.11-18, 3.11-19, 3.11-21 through 3.11-23, 3.11-27, 3.11-30, 3.11-34, 3.11-38, 3.11-42, 3.11-52 through 54, 3.11-56, 3.11-57, 3.11-59 through 3.11-62, 3.11-68, 3.11-76, 3.11-87, 3.11-88, 3.11-97 through 3.11-99, 3.11-123, 3.11-131, 3.11-141, and (3) subchapter 3.12-1, 3.12-2, 3.12-3, 3.12-8; and WHEREAS, the Common Council, as Lead Agency, has added Appendix I “Technical Review” Memorandum from TRC Engineers, Inc., dated September 13, 2013 to the DFEIS; and WHEREAS, City Staff recommends that the Common Council, as Lead Agency for the environmental review of the FASNY Application, having taken a hard look at the DEIS, the substantive comments on the DEIS, the DFEIS, (1) accept the DFEIS, as amended by the the modifications to responses in Chapter 3 subchapters 3.4, 3.11 and 3.12 and the addition of Appendix I “Technical Review”, prepared by TRC Engineers, Inc., all listed herein above and attached hereto and made a part hereof, to be complete, being adequate and accurate pursuant to SEQR regulations at 617.9(b)(8), and (2) determine the DFEIS, as amended by the modifications to responses in Chapter 3 subchapters 3.4, 3.11 and 3.12 and the addition of Appendix I, to be the final Environmental Impact Statement (“Final FASNY FEIS”) required under SEQR regulations at 617.9(5); now, therefore, be it RESOLVED, that, based on the foregoing reasons and pursuant to SEQR regulations at 617.9(b)(8) and 617(b)(5), the Common Council, as Lead Agency, hereby recognizes and acknowledges the responses contained in Chapter 3 subchapters 3.1 through 3.21 of the Final FASNY FEIS as defined herein above to be the responses of the Common Council of the substantive comments received during the public comment period on the Final FASNY DEIS; and be it further RESOLVED, that the Common Council hereby recognizes that Chapters 1 and 2 of the DFEIS, including subchapters 1.0 through 1.3 and 2.0 through 2.3, provide FASNY’s description and environmental analysis of its proposed modifications to the Initial Project described in the Final FASNY DEIS, which Project Modifications have been made by FASNY to address substantive comments on the Final FASNY DEIS; and be it further RESOLVED, that the Common Council determines that, although the Modified Proposed Project and the three access options described and analyzed in Chapters 1 and 2 do not represent the Lead Agency responses to substantive comments, it is appropriate to include FASNY’s description and environmental analysis of the Modified Proposed Project and access options in the Final FASNY FEIS; and be it further RESOLVED, that the Common Council hereby accepts the Final FASNY FEIS as complete and finds that it is adequate and accurate, and responds to comments received regarding the Final FASNY DEIS; and be it further RESOLVED, that the Common Council hereby accepts the Final FASNY FEIS, dated July 21, 2013, for consideration in making environmental findings; and be it further RESOLVED, that the Common Council hereby authorizes and directs the Environmental Officer to cause the Final FASNY FEIS to be made available to involved agencies, interested parties and the public, including placing a copy at the White Plains Public Library located at 100 Martine Avenue, White Plains, NY in accordance with 6 NYCRR 12(b)(1),(3) through (6) and on the City’s website; and be it further RESOLVED, that the Environmental Officer is hereby authorized to distribute the Final FASNY FEIS as required by SEQR; and be it further RESOLVED, that the Environmental Officer is hereby authorized to distribute appropriate notices and make such filings as required by SEQR.