Letter to the Editor... FASNY: The Case for Rejecting the Closure of Hathaway Lane

The Case for Rejecting the Closure of Hathaway Lane

Dear Mayor and Common Council,

The Question

Should the City close part of a well-traveled residential Public Street (Hathaway Lane) to help an outside Private Developer (FASNY) if there are no Benefits to the Public?

The Situation

→ The Private Developer, FASNY, proposed the largest construction project ever in a WP residential neighborhood. . .a 53-acre project that will produce an undesirable change in Character in the neighborhood. . .and is not permitted by R1-30 zoning, Special Permit exceptions or the current WP Comprehensive Plan.

→ Included in this Private Developer’s proposal FASNY wants the City to close part of a well-traveled residential Public Street, Hathaway Lane. . .a Public right-of-way for more than 90 years. . .and give it to FASNY without FASNY offering any Benefits to the Public. . .while FASNY as a non-profit will never pay any taxes itself to support City Services.

→ Closing Hathaway Lane would also allow FASNY to combine 2 parcels of their property to increase its market value going forward. . .and in the process allow FASNY to add unapprovable Accessory Uses in Parcel D to get around the Special Permit process altogether.

→ The Public’s property rights most likely to be negatively impacted are home owners living on Hathaway Lane, residents of the Gedney Farms neighborhood and those who live in the Southend of WP. . . all who use Hathaway Lane in their daily commutes. . .and who oppose the Hathaway Lane Closure and as well as all the substantial and unmanageable Traffic that the FASNY project would bring onto their streets from communities outside WP.

→ The misguided Mitigation by FASNY and the City Staff recommending the North Street Entrance (“FASNY’s Entrance Road from Hell”) and the Closure of Hathaway Lane which increases Emergency Response Times to resident homes. . .has turned a really bad FASNY Traffic proposal into a disaster. . .creating an adverse impact on adjacent properties and the surrounding Southend neighborhoods.

The Facts

√ The WP Comprehensive Plan and its zoning districts create a blueprint for future development and preservation of neighborhoods. . .and are the City’s insurance for citizens that the Public Welfare and Safety will be served and protected going forward.

√ When a citizen buys a home in a WP single-family zoning district. . .it is with the understanding that a single-family home is the principal use along with the property owner’s right-of-way to use City streets. . .both of these vested rights which are protected by our Comprehensive Plan and enforced by elected officials.

√ FASNY is trying to force their way into a residential neighborhood by trying to get our elected officials to circumvent existing zoning and deny the Public’s right-to-way to a City street by petitioning the Closure of Hathaway Lane. . .both of these FASNY actions are not in harmony with our zoning and local WP laws and will adversely affect surrounding properties.

√ The land where FASNY wants to build is zoned R1-30 for single-family homes with no Special Permit allowed for FASNY’s “private regional school campus”. . .FASNY’s campus would be allowed in other WP zoning districts for example where the Good Council property is currently located.

√ FASNY bought the wrong property. . .at what they thought was a distressed price. . .a property in a residential neighborhood not zoned for their private regional school campus. . .and compounded their poor choice by not doing enough upfront due diligence homework. . .while along the way complicating the review process by constantly changing their plan details.

√ In case law. . .”In Clark v. Board of Zoning Appeals of Town of Hempstead, the Court of Appeals held that “one who knowingly acquires land for a prohibited use, cannot thereafter have a variance on the ground of special hardship.” For example, a developer may not acquire land zoned for residential use at the time of acquisition and successfully petition for a variance to construct office buildings. Whether the purchaser actually knew about the use restriction is not relevant; it was his responsibility to discover such restrictions.” Please see Pace Law School’s Land Use Guide, page 17 at: http://www.law.pace.edu/sites/default/files/LULC/LandUsePrimer.pdf

√ The old golf course was formed almost a century ago as one of the first planned communities with private residences surrounding the course and City streets separating the property into 4 parcels of land in an effort to protect the environment, maintain the Open Space appearance and create a unique golf course community. . .it really has been one of the City’s historical landmarks for 90 years.

√ Hathaway Lane, a Public Street, has been well-maintained, supported and dedicated to Public use for more than 90 years with tax payments from the Public.

√ Hathaway Lane is also well-traveled with the latest Traffic counts showing over 800 existing cars on average per day. . .according to FASNY’s count. . .so if anything the counts may be higher.

√ Hathaway Lane is the only North-South street connection between Ridgeway and Bryant Avenues in all of the Gedney Farms neighborhood.

√ Hathaway Lane fits perfectly with the City’s Complete Streets Policy” which protects pedestrians, bicyclists, drivers including School Children, Seniors and persons with disabilities.

√ FASNY is not providing any Benefits to the Public for the closing of Hathaway Lane, a Public Street.

√ Closing Hathaway Lane would increase Emergency Response Times to current Hathaway Lane residences and other Gedney Farms neighborhood homes.

√ The Closure of Hathaway Lane would deprive neighborhood residents of the most reasonable access for heading to the Hutchinson River Parkway Northbound. . .and is contrary to the policy of preserving the existing right-of-way for connectivity.

√ The Public’s right-of-way for Hathaway Lane has existed continuously for over 90 years.

√ Real estate professionals have stated that the Closure of Hathaway Lane and the approval of FASNY’s project would permanently decrease property values of residences in the neighborhoods in the Southend of WP.

√ The Public opposes Closing Hathaway Lane to help FASNY. . .as well as the FASNY project itself because of the additional Traffic, the reduction of Open Space and the increased risk to the Safety and Welfare of School Children, Seniors and other Pedestrians.

√ Over our 36 years living in WP we can recall only 2 Street Closures in residential areas. . .and both made neighborhoods safer and increased property values. Woodlands Place over by Fisher Avenue was blocked off from the Bronx River Northbound to prevent cut-thru Traffic using local streets to get downtown. And Ridgeway Avenue by Havilands Lane was closed to prevent cut-thru Traffic to Westchester Avenue. Both of these actions by the City strengthened each neighborhood by reducing Traffic, making living conditions Safer and increasing property values.

√ Closing Hathaway Lane and approving FASNY will increase Traffic significantly, will compromise the Safety and Welfare of the community and reduce property values in nearby neighborhoods. . .not the right way for elected officials to protect the people they serve and WP neighborhoods they safeguard.

√ If property values go down. . .the City’s tax rolls will also go down. . .again not something that our elected officials want to oversee during their tenure in office.

The Solution

Please vote “no” on Closing Hathaway Lane and the FASNY Project itself.

Thank you for your support,

We report. . .you decide. Your Truth Police, Team Rhodes

Marie and Ron Rhodes

White Plains