FASNY: Parcel A’s Designation As An Environmentally Sensitive Site

Mayor Roach and Members of the Common Council,

March 7, 2017

I write to memorialize and expand on my remarks offered at the March 6, 2017 “Citizens
To Be Heard” portion of the Common Council’s meeting. I am aware that FASNY has invited
the Council to de-designate Parcel A as an Environmentally Sensitive Site, ESS, because a particular
waterway near the property is – in FASNY’s view – merely a drainage ditch. Respectfully, the
Council should reject FASNY’s proposal.

Regardless of your view of the overall merits of the FASNY project, I cannot adequately
stress the importance of thoroughly vetting the environmental impact of any development that might be allowed to proceed. The consequences of your decision will, quite literally, flow
directly into my backyard, where my two young daughters play. Their health and well-being,
rather than the expediencies of institutional developers, should be – indeed, as my elected
representatives, must be – your primary concern.

Regarding the pertinent facts, please understand that the waterway in question is most
certainly a stream where it traverses the Westchester Hills Golf Club and bisects my backyard.

Below are pictures that clearly demonstrate this portion of the stream’s “vegetated buffers,”
“natural meanders,” and proximity to wetlands that even FASNY acknowledges constitute the
“natural features of streams and rivers” which necessitate Parcel A being treated as an
Environmentally Sensitive Site.

This picture, taken facing southeast, shows the stream traveling through my backyard.
The land on the northern side (i.e., on the left side of the photo) is technically part of my property
but it is, in fact, undeveloped wetland that serves as a buffer between my home and the golf
course. The vines along the water’s edge that are currently bare will soon bloom with green
leaves that my older daughter says “look like lettuce.” A nutria, or something similar, makes its
home in a burrow underneath the northern bank, and innumerable chipmunks, squirrels, and
birds live and eat in the wooded, marshy area bordering it.

This picture, taken from the golf course and again facing southeast, shows the arrival of
the stream at my backyard. The stream (naturally) makes a “right turn” behind the wetlands on
the left side of the photo (visible in the first picture above), cuts between my and my neighbor’s
yards, and then travels underneath Sammis Lane before it joins with another stream on its way to
the Mamaroneck River.

I recognize that you are well-familiar with the legal standards governing FASNY’s
request to de-designate Parcel A as an Environmentally Sensitive Site, so I will not restate them
here.2 To the extent that the issue turns on whether the stream qualifies as a “watercourse,”
pursuant to Municipal Code Section 3-5-3, I am unaware of any possible definition of
“watercourse” that would not apply to what you see above. Merriam-Webster defines
“watercourse” as “1. a natural or artificial channel through which water flows; 2. A steam of
water (as a river, brook, or underground stream).”3 That should be enough to end your inquiry.

3 https://www.merriam-webster.com/dictionary/watercourse.

But beyond the plain meaning of the governing terms, common sense indicates that the
purpose of the Municipal Code would be vitiated if FASNY’s request were granted. As noted in
Section 3-5-1, “[p]rotection of the features [e.g., the stream at issue] stabilizes and preserves real
property values, encourages[] passive recreation and appreciation of aesthetic beauty, and safeguards the public from flooding and erosion.”

I am relying on each of you to ensure that my real property values are protected, that my
children can continue to appreciate their beautiful backyard, and that my land and home is not needlessly subjected to an increased risk of flooding and erosion. You must apply the highest standards to this proposed development project, and thoroughly vet its impact on my home, its immediate surroundings, and the broader Westchester and Sound Shore environment. The public
trust vested in you requires nothing less.

I invite each of you to visit with me at my home. I would welcome the opportunity to show you the stream in person, and to introduce you to my family who will be directly impacted by your approach to, and ultimate determination of, FASNY’s application.

Very truly yours,
Zachary W. Mazin

White Plains