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THE COMMON COUNCIL VOTED TO APPROVE A TEMPORARY SETTLEMENT OF THE FASNY LAWSUIT AGAINST THE CITY OF WHITE PLAINS IN ORDER THAT THEY MAY REVIEW THIS ALTERNATIVE SITE PLAN AND SPECIAL PERMIT APPLICATION. THE SITE IS EXPLAINED IN DETAIL IN THE WPCNR PHOTOGRAPHS OF THE DAY  IF YOU SCROLL DOWN THIS COLUMN

WPCNR COMMON COUNCIL CHRONICLE-EXAMINER. Special to WPCNR from Peter Katz on the Scene. With Released Comments Provided by the French American School of New York. September 6, 2016: 

Peter Katz reporting for WPCNR this evening, reports the Common Council approved the settlement  of a lawsuit filed by  the French American School of New York against the city, before an overflow crowd of persons attending the council meeting tonight at City Hall.

“Citizens to be Heard” the pre-council meeting feature was packed with speakers mostly against approving the settlement, Mr. Katz said.

Katz said the ordinances 76 and 77 items approving the settlement with the school were taken out of order and put at the top of the proceeding. Councilman Dennis Krolian proposed a motion to table Ordinance 76 and the Council voted 4 to 3 not to table. Krolian next proposed to table Ordinance 77, the Stipulation of Settlement, and again the Council voted 4 to 3 not to table.

Then the Council voted 4 to 3 approving the Settlement.

Voting to approve the Statement of Settlement were Mayor Roach, and Councilpersons John Kilpatrick, John Martin and Beth Smayda.

Councilpersons Nadine Hunt-Robinson, Dennis Krolian and Milagros Lecuona voted against approving settlement.

Mr.  Katz said Mayor Thomas Roach, casting the deciding vote, said the settlement was not approving the amended site plan, that it was just putting the lawsuit “on hold,” while the new plan was considered. Mayor Roach, Katz reports, said  that FASNY could have filed a new site plan at any time. Mr.Katz reports that the Mayor emphasized he had not made up his mind on the new plan FASNY will be submitting.

9 Weeks to the new plan

That new plan will be officially in about 9 weeks, if you go by the Stipulation of Settlement text, to wit:

After Judge Lefkowitz signs the Statement of Settlement, the city will have 14 days, to provide “an itemized list of documents and submissions necessary to make the Alternative Site Plan Application complete…FASNY will file its Alternative Site Plan Application for the site plan approval and a special permit within seven (7) weeks after this order is approved by the court.”

Next, Judge Joan Lefkowitz has to sign the Stipulation of Settlement. Mr. Katz there is no schedule as to when Judge Lefkowitz will sign the order, but Katz says the city has regular morning meetings with the judge.

Andrea Colombel, Board Chairperson of FASNY in a 10 PM news release from FASNY said, “We expect the judge to sign the agreement in the next few days which will give the Court authority to oversee the review process. We expect a timely and fair review and look forward to putting a shovel in the ground. FASNY is a wonderful school with a vibrant community which will contribute to the City of White Plains and its residents for many years to come,” she added.

Katz interviewed John Botti of the French American School who told him the school as a gesture of “good faith” has already filed in court a conservation easement that will guarantee public access to the lands reserved for the nature conservancy.

In a statement issued at 10 PM this evening, The French American School  Chairperson of the Board, Ms. Andrea Columbel had these comments on the conservancy:

“As a matter of good faith to resolve the dispute, FASNY has already recorded and created a 51-acre publically accessible Conservancy on part of its land with plans to create east-west and north-south pedestrian and bicycle paths for neighborhood residents, as previously proposed.  Known as “Parcel D,” the land has frontage on Bryant Avenue, North Street and Hathaway Lane.

“It has just become the largest private conservation easement in Westchester south of Interstate 287, and the first in the City of White Plains.  The conservation easement assures that the property cannot be developed, and will ultimately be open to the public. The conservation easement, which is the largest in White Plains, will   include miles of bike/pedestrian trails safely connecting the neighborhood.

“The reduction in conservation easement from the 78 acres offered by FASNY in the original plan reflects the 35 percent reduction in the size of the school buildings and the 33 percent reduction in the student population under the Alternative Plan.

“We are deeply appreciative for the continued and growing support we have received from thousands of residents and businesses across White Plains.  We look forward to moving forward and putting this unfortunate delay behind us,” Colombel said.

The terms of the proposed Stipulation of Settlement, according to the FASNY news release include that:

• The Upper School (grades 6-12) will be built on the already developed portion of the site (“Parcel A”) where the clubhouse and other facilities of the former Ridgeway Country Club now stand.
• Hathaway Lane will remain open.
• No environmentally sensitive features on the site will be impacted.
• The Lower School (Nursery through 5^th grade) is eliminated from the application reducing student population by 33 percent from 950 to 640, reducing building square footage by 35 per cent, and significantly reducing traffic by another 42 percent.

Under the proposed Stipulation of Settlement, the Common Council would agree that this plan presents a potentially reasonable alternative for resolving and settling the outstanding litigation.  The Council would also agree to provide the Alternative Plan a diligent and fair review in compliance with all applicable laws and regulations, mutually agreed to milestones, Court-ordered oversight for the review process, and the staying of all litigation until the Alternative Plan is determined by the city under its normal public review procedures.

 “We are gratified that the Common Council has approved the settlement agreement. Tonight’s vote is long overdue and represents a win-win for the City and the FASNY community.  All parties can now put aside costly litigation and concentrate on obtaining final approvals for a compromise school plan,” said Andrea Colombel, Board Chairperson of FASNY.