The White Plains Examiner

FASNY Hearings Drill Down On Issues

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The White Plains Common Council continued the concurrent public hearings on the French American School of New York (FASNY) Special Permit and Site Plan application and request for a partial closing of Hathaway Lane at a hearing on Sept. 29.

Running for over three hours, attorney Michael Zarin, representing FASNY, made a presentation to the Council, outlining the revisions that had been made in response to the already presented comments received during the ongoing public hearings. He also noted that a complete set of revisions along with a revised Site Plan would be given to the Council as soon as possible.

Each council member voiced his or her own concerns and requests. The public spoken comment period is closed and Mayor Tom Roach indicated the hearings with the council would be ongoing and not closed that night. When the hearings are eventually closed a 10-day written comment period would ensue before a final vote and determination on the applications would be made.

Zarin talked about an aggregate reduction in parking spaces from 366 to 348 and a redistribution of the parking plan to increase the buffer area from the property line. “Our main objective has been to increase the buffer,” he said.

Addressing the Traffic Management Plan, Zarin expressed frustration that the FASNY proposal included some of the most complicated and detailed information ever presented to the city and that FASNY had addressed many of the revisions through detailed work with city staff.

Explaining that the 530 max vehicle trip cap into the campus during peak hours was developed to address any variables in maintaining and enforcing the traffic plan, Zarin said that mandatory busing and carpooling worked together to achieve the mandatory cap. “We are very aware of the importance of this traffic management plan,” he said, adding that if the school did not meet the requirements, penalties would have to be upgraded, including expulsion of repeat offenders if necessary.

“We risk losing the Special Permit or a forced reduction of our student population if we don’t comply,” he said.

Council members expressed their concerns about the increase in traffic causing a public safety problem.

Regarding the Conservancy Master Plan, Zarin said any educational successor on the property would be bound to keep and maintain the conservancy, but if the land was no longer used as a school, FASNY did not want to be held accountable. He also noted that building of the conservancy was a requirement for obtaining the Certificate of Occupancy.

Mayor Roach said the conservancy had gone beyond being just an attractive addition to the permit application and had become a major and important factor. Roach indicated he would not be willing to allow the conservancy to not “run with the land” as opposed to the use.

Allegations that FASNY had not complied with requests from the US Army Corps of Engineers regarding the wetlands and hydrology aspects of the property and the proposed development were discussed at length by several council members.

Councilman Dennis Krolian indicated there would be a severe problem if FASNY was not in compliance with a federal regulation and did not have the necessary permits in place. “It would be irresponsible for us to approve any application that did not comply with a federal agency,” Krolian said.

Zarin explained that the wetlands were outside the development site and would not be a concern, but Krolian asked that all communications from the Corps be submitted to the council for their review. Councilwoman Nadine Hunt-Robinson, who emphasized that her primary concern was the safety and welfare of the residents, seconded that request.

Zarin noted that the FASNY plan would significantly improve the stormwater management situation on the site because the water flow went from the residences to the golf course and then pooled there on the surface. “When the area is restored to its natural habitat and the stormwater management is in place, existing conditions will be significantly enhanced,” he said.

Between lawyers on both sides of the fence, reference was often made to the “Cornell Case” where a school or religious institution requesting a permit in a residential neighborhood could be denied if the development was found to be detrimental to public welfare and safety.

Councilman John Kirkpatrick noted that the council was looking at the cumulative impact of the FASNY proposal. He asked that FASNY look at extending the sidewalk on Ridgeway all the way to North Street and requested a written response about the possibility of FASNY deeding the conservancy to the city with a lease back, requiring maintenance of the conservancy by FASNY.

Councilwoman Milagros Lecuona commented that she did not understand how a reduction in the student population had resulted in a 30,000 square foot increase in the building volume size. She requested a graphic showing the building volume in three-dimensions that would place the new development in relation to its existing surroundings.

Compliance with the Comprehensive Plan and more in-depth analysis of the closing of a portion of Hathaway Lane permanently versus temporarily, were also requested in the form of a written response from FASNY.

The next date for continuing the public hearing was set for Tuesday, Oct. 28 at which time it is expected many of these issues will be revisited.

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