FASNY: Above the law?

Dear Mayor and Common Council,

Back at the SEQR Findings Meeting of December 19, 2013 we were pleased when Mayor Roach stated that the City is "bound by the law" in reviewing the FASNY project.

Unfortunately since then some of our City Leaders and Staff, instead of requiring FASNY to follow the law, have allowed FASNY to circumvent and misinterpret so many laws and regulations that. . .after 6 years of review our City is facing the "most dangerous and egregious project ever proposed for a WP residential neighborhood". We have to wonder what our elected officials, Roach, Martin, Kirkpatrick and Smayda, were thinking when they linked their political legacies to the flawed FASNY project. . .instead of being focused on helping and protecting the citizens of WP.

The plan before the Common Council now is for just the "first part" of FASNY's massive regional campus that we believe could have an undisclosed total Enrollment of between 1,300 to 1,400 students. . .so all FASNY claims about cuts and reductions in Enrollment, Traffic and Construction are just nonsense. It's important for all our elected officials to keep this in mind.

And in our opinion FASNY's latest "incomplete" plan violates multiple WP laws and NYS SEQR regulations including:

• FASNY has ignored SEQR regulations on "segmentation", "permanent" mitigation caps and potential environmental flooding issues. NYS SEQR regulations on "segmentation" do not allow FASNY to break their project into smaller pieces to order to gain approval. . .which FASNY has done with its latest plan for only Parcel A. . .while leaving out their future plans for Parcels B, C & D. If all prior FASNY plans were for their full 130-acre property. . .doesn't common sense and the law tell us that FASNY's most recent plan for only Parcel A's 28 acres is not acceptable? Also SEQR requires "permanent" mitigation reduction caps to protect the community and environment which FASNY has never agreed to.

• WP Zoning requires developers to submit a "well-considered plan". . .(section 1.1). . .which FASNY has never done over the past 6 years. WP Zoning as well as SEQR regulations put the responsibility on a developer like FASNY to submit complete and factually accurate plans to the City. . .and our City Leaders and Staff have been MIA in trying to get FASNY to submit a realistic and accurate plan.

• WP Zoning also requires a large development project to be in Harmony with the surrounding Community. . . (section 6.5.1). . .which FASNY with its massive Traffic and overbuilding on Parcel A has not been able to do. FASNY's project as the "largest development ever proposed for a WP residential neighborhood" certainly is not Harmony with nearby residential homes. . .and no WP residential owner would ever be allowed to build on 100% of their own property.

• Special Permit "Use" requires that a development must not be more objectionable than the permitted zoned single-family use (section 6.5.3). FASNY's project would bring in significantly more Traffic, have much longer Construction with more risk of Flooding than their property's current R1-30 zoning of low density residential housing.

• A Special Permit does not have to be granted to a Private School (section 5.2 for R1-30). A Special Permit is not allowed for a Regional School Campus in the R1-30 district. And while a Private School can get a Special Permit. . .this Special Permit can only be for either a Secondary School or an Elementary School. . .not for both together on the same property. . .which is what FASNY's goal of a regional school campus is all about. And if a Special Permit is granted to FASNY and they run out of money in the middle of their Construction. . .does that Special Permit end or can it be transferred to a potential buyer of Parcel A who may not even operate a school?

• On the WP Comprehensive Plan. . .residential housing would be preferred alternative (II-I-73). The WP Comprehensive Plan, the Bible of local land use, identifies residential housing as the preferred alternative if the old golf course could not operate economically. Since we were involved with the last update of the WP Comprehensive Plan. . .we can confirm that residential housing was truly the "intent" for the old golf course property going forward.

• Also on the Comprehensive Plan the importance of the "City of Neighborhoods" is being ignored (II-I-85) by some of our City Leaders and Staff. In the past WP has been referred to as the "City of Neighborhoods". . .so it's sad that some of our City Leaders and Staff have forgotten and ignored this element of the WP Comprehensive Plan in their efforts to push the flawed FASNY project forward.

• With the WP Complete Streets Policy. . .the excessive FASNY Traffic puts WP School Children & Seniors at risk. The Complete Streets Policy was passed by this City Administration only a few years ago to protect WP citizens. . .and now some of our City Leaders and Staff are trying to cast their own Complete Streets Policy aside to help FASNY. And don't forget these same elected officials were trying to close a public street, Hathaway Lane, and give it to the private developer, FASNY, to help FASNY combine 2 Parcels of their land in order to overbuild on their property. Thankfully Council Members Lecuona, Krolian and Hunt-Robinson stood fast to protect WP citizens by voting down FASNY's proposal to close down Hathaway Lane.

How has FASNY gotten away with ignoring and circumventing so many rules and regulations over the past 6 years. . .that ordinary citizens would be required to follow? The answer is that. . .FASNY had a lot of help behind-the-scenes from some of our City Leaders and Staff. . .and that is unfortunate for WP residents because FASNY's latest plan is incomplete, flawed and unapprovable. One would think that the longer a large project continues under review that the City Staff would clear up any inconsistencies with the laws and regulations. However with FASNY the longer the process has dragged on. . .the more desperate FASNY and their supporters have gotten. . .and the violations with the laws have in fact increased while at the same time the FASNY plans have gotten more dangerous.

We believe elected officials can't approve a large development plan that is "incomplete". And FASNY's plan besides being "incomplete". . .also contains no "permanent" caps on Enrollment, Traffic, future land sales, etc. . .violates SEQR regulations, Zoning & other WP laws. . .has 10-year Construction with Flooding issues in a residential neighborhood. . .and brings extremely dangerous Traffic Safety concerns for WP School Children, Seniors and their families. And "where's their Money"?

With the final FASNY vote coming up. . .we are asking all our elected officials, including FASNY supporters Roach, Martin, Kirkpatrick and Smayda, to unite together with their fellow Council members to protect the citizens of WP and say "no" to FASNY.

By the way. . .when can we expect a final FASNY vote?

Your Truth Police. . .Team Rhodes

Marie and Ron Rhodes