City Observes 13th Year Since the World Trade Center Attacks. Remembers the City’s 6 Victims.

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Sharon Balkom, Marisa Dinardo, Hemanth Kumar Puttur, Joe Riverso,

Gregory Rodriguez, Linda Sheehan

WPCNR MILESTONES. September 12, 2014:

The ceremony observing the September 11, 2001 attack on the World Trade Center, part of a two-site attack by terrorists taking over three commerical airliners was solemnly remembered and the six residents of White Plains honored and memorialized yesterday at 8 A.M.

The observance struck a plaintiff evocation and painful remembrance of how anyone watching the all-too-real video images that day, by White Plains Police Officer Tara Altamuro’s stately colorata voice singing the Star Spangled Banner.

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Richard Hoffman, the brother-in-law of Joseph Riverso, one of the six White Plains citizens lost on that day,  read a poem One  that observed  the horror that unfolded that day 13 years ago that every American, no matter who they were, what color their skin was, what religion they followed became “One Family. One Faith” for each other. He is seen here with Marisa Hoffman, niece of Joseph Riverso

The verse evoked exactly how every person living here across the nation felt.  As Mayor Tom Roach noted in his remarks, “we all wanted to help.”

Counilmembers laid a wreath on the marble memorial, after Mayor Roach read the names of the White Plains six.

Officer Altamuro concluded the solemnity by rendering hope and love in her robust singing of God Bless America

The Mayor thanked all for coming and quiet conversations followed.

And all dispersed, going our separate ways.

.(You can see and hear Officer Altamuro concluding the remembrance singing God Bless America on White Plains Week, this evening at 7:30 P.M. on Channels 45 FIOS countywide and Cablevision Channel 76 in White Plains, or on the internet at www.whiteplainsweek.com)

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FASNY SITE PLAN/SPECIAL PERMIT HEARING WILL RESUME SEPTEMBER 29

WPCNR SOUTH END TIMES. By John F. Bailey. September 10, 2014:

The proceedings of the French American School of New York Site Plan/Special Permit wrapped up at 9:30 P.M. At the finish of the speakers, Mayor Tom Roach asked for a motion to continue the hearing on Monday, September 29 at 6:30 P.M. It was motioned and passed, keeping the hearing alive and ongoing.

Mayor Roach told WPCNR the meeting would be used by the Common Council to ask questions of the applicant. He said it would be open to the public. It is not clear at this time whether members of the public would be allowed to speak.

This would mean most likely that the time for community comment on the issue would probably be held open 30 days through October, allowing a vote to take place possibly the Monday before election day, November 3,  at the regularly scheduled Common Council meeting, or  at a Special Meeting after Election Day in November, or in December.

However, if FASNY needed more time to answer the Council questions posed at the September 29 meeting, the vote on the proposal would most surely be put off until after Election Day.

If the decision night was moved passed the Election Day, this assures the one Common Council seat up for election matching appointed Councilperson Nadine Hunt-Robinson against Republican Terence Guerriere would not be influenced by how Ms. Hunt-Robinson voted on the passionately debated FASNY issue.

At this point, sources close to the Democratic Party are saying 5 Councilpersons are expected to favor the project: The Mayor, John Martin, John Kilpatrick, Beth Smayda, and Ms. Hunt-Robinson with Dennis Krolian and Milagros Lecuona opposed. Five positive votes are needed to approve the project.

Krolian and Lecuona opposed the approval of the Final Evironmental Impact Statement  last December have been consistent in opposition to the project. Krolian and Lecuona are to stand for re-election next November.

Thirty six persons were heard Wednesday evening at the continuation of the French American School of White Plains Site  Plan/Special Permit public hearing, with thirty persons calling for the Council to deny the proposal for the 5-building campus on the former Ridgeway Golf Club, and six persons speaking in favor.

The overwhelming sentiments tonight challenged the Common Council to overcome their fearm of a lawsuit from the French American School  and reject the project, a sampling of comments:

“Don’t OK it because of fear of litigation, for results (of an approval) may bring problems not just in the long run but in the future as well.”

“The losers turn out to be the taxpayers.”

“Focus on the law under the zoning ordinance: can you grant the special permit…The zoning ordinance does not allow ballfields or rec facilities in the R.I. 30 Zone. In approving a Special Permit, the effect (of granting a special permit) must be mitigated to be the same as before (construction).”

“FASNY and this Council have laid an egg (The project) is an outright insult.” (CORRECTION from original quote.)

“(FASNY’S conservation easement terms) is irreversible. FASNY seems to be playing a game of catch me if you can.  Walk away from it. Don’t fall into their trap. It (the conservation ) is an insult. Vote No.”

“You took an oath you would be our eyes and ears. This is what your residents want. Have the backbone to pursue it. The effect on people’s lives Don’t destroy what has been built (in the neighborhoods).”

“Stick with your citizens — vote No.”

“Government should be for the people not by private developers.”

WPCNR interviewed Robert Stackpole in the hall tonight and he elaborated on his statement Monday that a private developer is interested in redeveloping the former Ridgeway Country Club as a country club. Mr. Stackpole said several billionaires and foreign companies from Austria are intrigued with redeveloping the golf course, establishing town house complexes on the fairways. He could not name the companies at this time.

 

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Army Corps of Engineers Requested Site Documents, Plans in July. Will Schedule Visit to Site to Determine if Corps Must Approve Site Plan.

 

WPCNR SOUTH END TIMES. By John F. Bailey. September 10, 2014:

After being informed of the French American School of New York Plans by Ann Bobroff-Hajal , of White Plains, the Army Corps of Engineers has requested details of the FASNY site, showing branches of the Mamaroneck River that lay underground in manmade underground conduits of the river branches.

A  letter from Stephan Ryba, Chief Eastern Section, the Army Corps of Engineers, obtained by Freedom of Information Act request sent by Ms. Bobroff-Hajal,  sent to FASNY July  31, (5 weeks ago), confirms this.  Mr. Ryba directed FASNY in the letter as follows:

“It has come to the attention of this office (Corps of Engineers) that the French American School of New York (FASNY) has proposed work activities which may occur in, and involve discharge of fill material to waters of the United States on your property located at 400 Ridgeway in the City of White Plains, County of Westchester, New York.

Until a jurisdictional determination is prepared for the site and approved by the Corps of Engineers, we cannot determine the extent of proposed work in Corps juristion.

Therefore, the Corps recommends FASNY now submit to this office a request for a Corps jurisdictional determination for the entire site to clarify the extent of wetlands and Waters of the United States on the property.”

After receiving this letter The French American School of New York started to submit and continues to submit materials requested by the Army Corps of Engineers delineating site maps and natural streams and features of their proposed new campus construction site.

Here is a copy of this letter:

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The Corps of Engineers learned of the proposed construction on the former Ridgeway Construction site from White Plains resident Ann Bobroff-Hajal,  one of whom spoke at the still open Special Permit and Site Plan Hearing  continuing this evening at 6:30 P.M. at White Plains High School in the auditorium. The purpose is to hear some 30 speakers who were still left to speak late Monday evening when the hearing was suspended until this evening.

On July 31, Stephan Ryba, Chief of the Eastern Section of the Army Corps of Engineers, 26 Federal Plaza, Manhattan, wrote The French American School of New York Chairman, Mischa Zabotin the following letter, released to WPCNR by Ms. Bobroff-Hajal.

After requesting a  ruling on whether or not the Army Corps of Engineers had jurisdiction on their property twice in June, 2011, the French American School of New York did not submit the scope of their proposed construction as it became available for three years to the Corps, and had not as of the date of July31. They have been very cooperative after receiving the Ryba letter.

It is unclear at this time, if the Army Corps of Engineers ever followed up, or routinely follows up on the development of such requests  after receiving the initial requests from AKRF, the FASNY environmental consultants in June, 2011.  The Army Corps could have asked if they intended construction on the site and what kind. A call has been placed to the Army Corps of Engineers to ascertain whether follow-up is routine in all requests for jurisdiction determination.

A call to the Mayor’s Office has been placed by WPCNR asking if FASNY informed the city of the receipt of the Ryba letter and the pending Army Corps of Engineers review of jurisdiction (and possible plan approval needed).  The Mayor’s Office has not returned the WPCNR call yesterday asking why city hired consultants and planners did not advise FASNY they should provide detailed information on their plans to the Army Corps of Engineers, since the preliminary plan has undergoing review the last three and a half years.

The Ryba letter after a laundry list of what FASNY has to submit, and has not submitted previously, says the Corps will be in touch for an on-site inspection of the premises:

“Upon receipt of the above requested information, we will contact your office to schedule our site visit to confirm the extent of Corps jurisdiction on the site. Failure to comply with the requirements to obtain authorization to discharge fill into Waters of the United States pursuant to Section 404 of the Clean Water Act will result in further enforcement action by this office including the possibility of substantial civil and criminal penalties.”

Ms.Bobroff-Hajal commented to WPCNR that the pond now existing on the golf course, previously thought to be man-made is actually the head waters of the middle branch of the Mamaroneck Riverand feeds an underground pipe with its outflow. She also observed that the new  entrance road at North Street  is planned to be directly over the wetlands that form the Mamaroneck River middle branch.  She commented that when the golf course was made and the pond created using the Mamaroneck River waters, this would have not been allowed under today’s environmental regulations.

 

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FASNY Consultant’s Hearing Statement Says Army Corps Concerns Addressed. “Whistle Blower” Disagrees.

WPCNR SOUTH END TIMES. Official Transcript of FASNY Hearing Response to Traffic, Army Corps of Engineers Situation from The French American School of New York provided to WPCNR.  And Whistle-Blower’s In-Hearing Response September 9, 2014:

Thompson & Bender, the spokesagency for The French American School of New York  issued the following response  today to WPCNR questions asking why they did not explore invoving the Army Corps of Engineers in analyzing the water sensitivity of the property, and whether the Corps feels a study is needed:

Attached are the comments provided by Graham Trelstad, Senior Vice President and Director of Environmental Planning of AKRF, FASNY’s environmental and planning consultant, at Monday’s Site Plan Hearing. He comments first in response to questions about the validity of FASNY’s traffic data collection and then regarding FASNY’s interaction with United States Army Corps of Engineers.  I believe this addresses your questions regarding FASNY’s ongoing interaction with the Army Corps of Engineers that began in 2011 when work on the plan for the property commenced.

“With respect to wetlands, FASNY contacted the United States Army Corps of Engineers (USACE) in early 2011 at the very start of the environmental review and shared all relevant information with them at that time for the environmental impact assessment.

Wetland experts from AKRF used both the 1987 USACE methodology and the 1989 Inter-Agency methodology required by the City of White Plains to identify wetlands.

Using both the three parameter approach requiring presence of hydrophytic vegetation, hydric soils, and presence/evidence of wetland hydrology …

… and the more subjective and flexible standards that allow other factors to be considered…

…we identified all potential Waters of the United States (or wetlands) on the Property.

In addition to the large forested wetland area that is also a NYSDEC wetland, there is one small pocket wetland on Parcel D and one stream corridor on Parcel C.

The project will not affect any of these wetlands or their City and State 100-foot buffers. There is no required USACE buffer.

FASNY has always identified the property as being located in the Mamaroneck River watershed.

As is typical and customary during the site plan process, we have reached out to NYSDEC and USACE for their final review and concurrence.

Contrary to previous suggestions that FASNY is seeking to hide from the USACE, we are actively engaged with them as we knew we had to and is customary at this point in the process.

We are confident that FASNY has met and will continue to meet all City, State, and Federal regulations regarding wetlands, stormwater, and all other issues.

(Editor’s Note: Anne Bobroff-Hajal exposed  that the French American School had not passed its actual plans to the Army Corps of Engineers Monday evening according to the Army Corps of Engineers. She provided her notes to WPCNR of what she said in response to Mr. Trelstad’s statement on the Army Corps of Engineers situation:)

Bobroff-Hajal:

“Trelstead said FASNY had always adhered to Army Corps regulations and contacted them immediately after they bought the land in 2011.

My remarks:  YES, FASNY got in touch with ACE 3 years ago after buying the land, but that was before they had created any of their building plans.  They never contacted ACE after 2011.  They never sent ACE any of their building plans. 

When we contacted Stephen Ryba ( Army Corps of Engineers regulatory program manager in charge of FASNY review), he was grateful.  He told us that they often have to rely on citizen activists contacting them about what’s happening in local areas because otherwise they don’t have any way of knowing what developers are up to under their radar.

Trelstead denied FASNY ever tried to cover up their link to the Mamaroneck River, that they “always identified themselves as part of the Mamaroneck River watershed.”

“Watershed” is a general term that means nothing and doesn’t bring anyone under the Army Corps’ jurisdiction.  The entire city of White Plains is part of the watershed, but we’re not all under ACE’s jurisdiction. So FASNY identifying themselves that way omits the crucial element of their property.

What potentially brings FASNY under ACE jurisdiction is that one branch of the Mamaroneck River literally starts on and crosses their land (one stream begins in the pond, the other is the buried stream on the left side of the property). 

Yet FASNY has subtracted that branch of the river from all their maps that they circulate widely (buried deep within the EIS docs are one or two accurate maps, so they aren’t unaware of them).  FASNY seems to have consciously chosen to omit from their widely-publicized maps the single crucial fact that potentially brings them under Army Corps jurisdiction. 

I spoke again about the big US GIS map I brought (which I gave Mayor and Council individual copies of) which very clearly shows the river-branch accurately.  Why did FASNY eliminate this from their maps if they’re not trying to hide it?  They show all other wetland features clearly.

(Editor’s Note, 6 P.M. E.D.T.:The Mayor’s Office has not responded to the WPCNR query as to why city SEQRA consutants and Planning Department, Public Works Departments, and Legal Counsel did not suggest to The French American School that they run their plans past the Army Corps of Engineers to see if the Corps had jurisdiction .

On the subject of  protests  from speakers that Traffic issues had not been adequately studied.. Trelstad made these comments at the hearing Monday evening

“A number of issues raised at previous hearings on the Special Permit, as well as tonight, address the accuracy and sufficiency of traffic data collection and analysis have already been addressed in the FEIS.

That document contains detailed technical studies carefully reviewed by City staff and consultants. All data and analyses were determined, by City staff and consultants, to accurately and completely evaluate existing traffic conditions and potential future traffic. All data were collected on days when school was in session. While observations may have been made on days when school was out, no data collected on those days was used in the analysis. To repeat, we did not use any data collected during days when school was not in session.”

 

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