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WPCNR COMMON COUNCIL CHRONICLE-EXAMINER. By John F. Bailey. September 2, 2016 UPDATED SEPTEMBER 3, 2016:
The city and The French American School of New York have reached a settlement agreement in the ongoing appellate court appeal by the city of FASNY’s Article 78 suit filed September 3, 2015
The council will consider approving the settlement plan on Tuesday night. No money settlement involved. However, the city agrees to a strict timetable of review of a new site plan from FASNY
As of Saturday morning, the all important agenda packet which usually contains the very revealing backup material which should contain the substance of the agreement has not been posted on the city website, even though it is usually posted the same time the agenda is posted. Since the Gedney Association was apparently given an advance copy of the backup material containing the agreement (otherwise they would not have been able to offer an informed opinion on it), it seems an oversight on the part of the city not to post the Stipulation of Settlement and details of it.
As part of the settlement agreement, (on the agenda for Tuesday evening’s Common Council meeting), FASNY will submit a new site plan and special permit approval within 7 weeks after the city takes 2 weeks to itemize the documents needed to make the new site plan complete.
The new plan was apparently developed in discussions with the city to solve the problem of the city vote not to close Hathaway Lane last August 5, 2015 that stalled city action on voting for the original site plan closing Hathaway Lane
As an alternative, the new site plan sketched in Exhibit A in the settlement papers, (above)repositions entrance to Hathaway Lane off Ridgeway; reduces the size of the project in footprint, the number of students to 650, and eliminates the North Street Road and entrance.
The conservatory nature preserve is also reduced. The Theatre has been removed from the parcel. Hathaway Lane remains open and the campus entrance is gained through a gatehouse off Hathaway. The Lower School (Nursery through 5th grade is eliminated, reducing the building square footage by 35 percent and traffic by 42%.
This will require a new Public Hearing to be started on the new site plan within 75 days after the new site plan is deemed complete. The Public Hearing would then continue again 15 days later (should it need to be continued). Apparently there is no more extensions.
The settlement requires that “the city should endeavor to vote on the Alternative Plan Application within 30 days but no later than 45 days after the approval of the storm water plan or the close of the public hearing, whichever is later.
FASNY ISSUES STATEMENT
In a news release issued by the French American School of New York Thursday evening at 10 PM, the Chairperson of the FASNY Board of Trustees, wrote, that “despite being confident that it(FASNY) would ultimately prevail in the ongoing litigation” :
“Our Board of Trustees has carefully considered all options and concluded that it is in everyone’s best interests to reach a compromise versus wasting more time and taxpayer money on years of unneccesary litigation. We believe we put forth a proposal that works for our school and addresses the most contentious issues that have been raised by some of the neighbors. We expect that the Mayor and Common Council members will agree.”
The date of the settlement becomes effective has not been set by the court, from my reading of the papers, rather it depends on when the ultimate vote on the new plan is taken…as much as a year and a half from today.
The settlement requires the city meet a series of time frames to consider the plan…but does not preclude any further suits by FASNY if the new plan is turned down.
John Callahan the White Plains Corporation Counsel has been asked by WPCNR for a statement, but as yet has not issued one.
Table It! Gedney Says.
The Gedney Association (consisting of property owners owing homes surrounding the Ridgeway Country Club, issued a statement to members of their Association Thursday evening, saying in part:
“In the limited time we were given to review this settlement (over the (upcoming) holiday weekend), the Gedney Association believes this is simply a way to do what FASNY originally wanted to do by getting around the requirement of the supermajority vote. Not only did FASNY carve out the development of the lower school in PARCEL D to preserve it for future development, they still have the North Street access driveway, they have removed parcels B and C from the conservancy and the provisions of the agreement allow them to sell the property whnever they want.” (WPCNR is in process of confirming this)
We urge everyone to tell our Council and Mayor NOT to settle with FASNY on such a one-sided agreement that gives us absolutely nothing and gives FASNY a backdoor entrance to do exactly what they planned on doing. If FASNY wants to drop their lawsuit because they see it for, a loser for them, then they should drop it. We expect our council and mayor to fight for us, not to give in to FASNY. At the very least instead of jamming this settlement down the public’s throat on a holiday weekend (when FASNY operatives mysteriously had ample time to review and organize) this should be tabled for 60 Days.”