[FCWC staff member Amy Parekh assisted with the creation of this letter.]

August 20, 2002

Sally F. Ball, Chief
Bureau of Local and Regional Programs
NYS Department of State
41 State Street
Albany, NY 12231-0001

RE: Ossining LWRP Amendments

Dear Ms. Ball:

The Federated Conservationists of Westchester County is writing to urge the Department of State (DOS) to deny the Village of Ossining's recently submitted amendment to its Local Waterfront Revitalization Program (LWRP). This amendment - apparently tailored to facilitate the construction of a large and controversial waterfront development called Harbor Square -- would increase allowable building heights to 100 feet and residential densities to 48 units per acre. These provisions are far in excess of the current version of the Village's approved LWRP and zoning, which allows 2½ story buildings and densities of 16 units per acre.

The Federated Conservationists of Westchester County, Inc. is a 36-year-old organization founded by many organizations and individuals to create a unified voice on environmental matters of regional concern. For the last 36 years, FCWC has worked on the issues of greatest importance in the county. This has included work on transportation solutions, urban environments, protecting wetlands, habitat and parks, ensuring adherence to environmental regulations, and protecting and enhancing Westchester's natural resources: the Hudson River, Long Island Sound and the New York City watershed.

The Village was previously in the process of considering a series of comprehensive amendments, which include among other things, a Harbor Management Plan, measures to protect water resources, enhancing its trail system, and integrating its waterfront plan with other adopted plans. This process was abandoned in order to "fast track" the amendment specifically aimed at permitting Harbor Square's high-rise design. We believe that all the LWRP amendments should be addressed in tandem in a process that embraces public participation. Expediting a single amendment relating to the Harbor Square project in advance of other plan amendments is not appropriate and may, in fact, undermine some of the other amendments under consideration.

We must respectfully object to the DOS determination that the proposed amendment quadrupling building heights and tripling density is a "minor" amendment. As a minor amendment, the DOS would consider the change without the benefit of a public hearing. We note that there has been no public process regarding this LWRP amendment. The SEQRA process concerning the Harbor Square proposal has resulted in overwhelming public opposition to the height and density of the project. Allowing such a radical departure from the existing scale and bulk of existing and permitted development could potentially block views to, from, and along the shoreline, which would violate existing policies in the LWRP. Further, if the LWRP can be amended without public participation to allow high-rise buildings in Ossining, a dangerous precedent would be set in other Hudson riverfront communities, which have been designated critical resource waters by Governor Pataki.

In conclusion, we urge the DOS to require that the Village of Ossining address all proposed amendments to its LWRP in a holistic manner. The specific amendment allowing 100-foot buildings and densities of 48 residential units per acre should be denied. Finally, the public should participate meaningfully in this process. If the DOS decides that it must consider this amendment in advance of the more comprehensive amendment process already underway, at the very least, we urge that public hearings be held in order that you understand the scope of public opposition to tall buildings on the Village waterfront.

Since FCWC was founded by diverse groups of concerned citizens interested in speaking with one voice on regional environmental matters, on behalf of Westchester County, we would really ask that you please take the time to consider how approving Ossining's amendment to its Local Waterfront Revitalization Plan and preventing the ability for there to be a process involving public participation could not only set a negative precedent for Ossining but for the county as a whole.

FCWC is also committed to the youth of Westchester County. A year ago we started a county-wide student led high school environmental council consisting of students representing approximately 15 schools across the region. In addition to many others, we are currently working with Ossining students and recently held a workshop on waterfront planning at a conference we held for the students in March. Please assist us in showing them that the preservation of scenic views and waterfront property for all residents of a community, not to mention the importance of public participation, is favored over development without fair representation.

Thanks for your consideration,

Sincerely,

Edna Sussman
Executive Director