power authority of the state of new york new york …

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POWER AUTHORITY OF THE STATE OF NEW YORK 1.00 Acquisition, disposition, lease, grant of easement and other activities related to the management of land under the jurisdiction of the Authority. 2.00 Facilities construction, rehabilitation, expansion, or demolition. NEW YORK STATE SCIENCE AND TECHNOLOGY FOUNDATION 1.00 Corporation for Innovation Development Program 2.00 Center for Advanced Technology Program DEPARTMENT OF SOCIAL SERVICES 1 .OO Facilities construction, rehabilitation, expansion, or demolition or tlie funding of such activities. 2.00 Homeless Housiilg and Assistance Program 3.00 Permit and Approval Programs: 3.01 Certificate of Incorporation (Adult Residential Care Facilities) 3.02 Operating Certificate (Children's Services) 3.03 Operating Certificate (Enriched Housing Program) 3.04 Operating Cerlificate (Home for Adults) 3.05 Operating Certificate (Proprietary Home) 3.06 Operating Certificate (Public Home) 3.07 Operating Certificate (Special Care Home) 3.08 Permit to Operate a Day Care Center DEPARTMENT OF STATE 1.00 Appalachian Regional Development Program 2.00' Coastal Management Program 3.00 Community Services Block Grant Program 4.00 Permit and Approval Programs: 4.01 Billiard Room License 4.02 Cemeteiy Operator 4.03 Uniform Fire Prevention and Building Code STATE UNIVERSITY CONSTRUCTION FUND 1 .OO Facilities construction, rehabilitation, expansion, or demolition or the funding of such activities. April 2007 DRAFT LWRP 6-12

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Page 1: POWER AUTHORITY OF THE STATE OF NEW YORK NEW YORK …

POWER AUTHORITY OF THE STATE OF NEW YORK

1.00 Acquisition, disposition, lease, grant of easement and other activities related to the management of land under the jurisdiction of the Authority.

2.00 Facilities construction, rehabilitation, expansion, or demolition.

NEW YORK STATE SCIENCE AND TECHNOLOGY FOUNDATION

1.00 Corporation for Innovation Development Program

2.00 Center for Advanced Technology Program

DEPARTMENT OF SOCIAL SERVICES

1 .OO Facilities construction, rehabilitation, expansion, or demolition or tlie funding of such activities.

2.00 Homeless Housiilg and Assistance Program

3.00 Permit and Approval Programs:

3.01 Certificate of Incorporation (Adult Residential Care Facilities)

3.02 Operating Certificate (Children's Services)

3.03 Operating Certificate (Enriched Housing Program)

3.04 Operating Cerlificate (Home for Adults)

3.05 Operating Certificate (Proprietary Home)

3.06 Operating Certificate (Public Home)

3.07 Operating Certificate (Special Care Home)

3.08 Permit to Operate a Day Care Center

DEPARTMENT OF STATE

1.00 Appalachian Regional Development Program 2.00' Coastal Management Program 3.00 Community Services Block Grant Program 4.00 Permit and Approval Programs:

4.01 Billiard Room License 4.02 Cemeteiy Operator 4.03 Uniform Fire Prevention and Building Code

STATE UNIVERSITY CONSTRUCTION FUND

1 .OO Facilities construction, rehabilitation, expansion, or demolition or the funding of such activities.

April 2007 DRAFT LWRP 6-12

Page 2: POWER AUTHORITY OF THE STATE OF NEW YORK NEW YORK …

STATE UNIVERSITY OF NEW YORK

1.00 Acquisition, disposition, lease, grant of easement and other activities related to the management of land under the jurisdiction of the University.

2.00 Facilities construction, rehabilitation, expansion or demolition, or the funding of such activities.

DEPARTMENT OF TRANSPORTATION

1.00 Acquisition, disposition, lease, grant of easement and other activities related to the management of land under the jurisdiction of the Department.

2.00 Construction, rehabilitation, expansion, or demolition of facilities, including but not limited to: (a) Highways and parkways

(b) Bridges on the State highways system

(c) Highway and parkway mainteua~lce facilities (d) Rail facilities

3.00 Financial AssistanceIGrant Programs: 3.01 Funding programs for construction~reconstruction and - - -

reconditioningfpreservation of municipal streets and highways (excluding routine mai~lte~lance and minor rehabilitation)

3.02 Funding programs for development ofthe ports of Albany, Buffalo, Oswego, Ogdensburg and New York

3.03 Funding programs for rehabilitation and replacement of mw~icipal bridges 3.04 Subsidies program for marginal branch lines abandoned by Conrail 3.05 Subsidies program for passenger rail service

4.00 Permits and Approval Programs: 4.01 Approval of applications for airport improverne~lts (construction projects) 4.02 Approval of municipal applications for Section 18 Rural and Small Urban

Transit Assistance Grants (construction projects) 4.03 Approval of municipal or regional transportation authority applications for

funds for design, construction and rehabilitation of omnibus maintenance and storage facilities

4.04 Approval of municipal or regional transportation authority applications for funds for design and construction of rapid transit facilities

4.05 Certificate of Convenience and Necessity to Operate a Railroad 4.06 Highway Worlc Permits 4.07 License to Operate Major Petroleum Facilities 4.08 Outdoor Advertising Permit (for off-premises advertising signs adjacent to

interstate and primary highway) 4.09 Real Property Division Permit for Use of State-Owned Property

5.00 Preparation or revision of the Statewide Master Plan for Transportation and sub-area or special plans and studies related to the transportation needs of the State.

April 2007 DRAFT LWRP 6-13

Page 3: POWER AUTHORITY OF THE STATE OF NEW YORK NEW YORK …

6.00 Water Operation and Maintenance Program-Activities related to the containment of petroleum spills and development of an emergency oil-spill control network.

URBAN DEVELOPMENT CORPORATION AND ITS SUBSIDIARIES AND AFFILIATES

1.00 Acquisition, disposition, lease, grant of easement or other activities related to the management of land under the jurisdiction of the Corporation.

2.00 Planning, development, financing, construction, major renovation, expansion, or demolition of commercial, industrial and civic facilities and the funding of such activities, including but not limited to, actions under its discretionary economic development programs such as the following:

(a) Tax-Exempt Financing Program

(b) Lease Collateral Program

(c) Lease Financial Program

(d) Targeted Investment Program

(e) Industrial Buildings Recycling Program

3.00 Administration of special projects

4.00 Administration of State-funded capital grant programs I

DIVISION OF YOUTH

1 .OO Facilities construction, rehabilitation, expansion, or demolition and the funding or approval of such activities.

April 2007 DRAFT LWRP

Page 4: POWER AUTHORITY OF THE STATE OF NEW YORK NEW YORK …

2. Federal Agencies

DIRECT FEDERAL ACTIVITIES AND DEVELOPMENT PROJECTS

DEPARTMENT OF COMMERCE

National Marine Fisheries Sewiees

l .OO Fisheries Management Plans

DEPARTMENT OF DEFENSE

Army Corps of Eneineers

1 .OO Proposed authorizations for dredging, channel improvements, breakwaters , other navigational works, or erosion control structures, beach replenishment, dams or flood control works, ice management practices and activities, and other projects with potential to impact coastal lands and waters.

2.00 Land acquisition for spoil disposal or other purposes.

3.00 Selection of open water disposal sites.

Army, Navy and Air Force

4.00 Location, design, and acquisition of new or expanded defense installations (active or reserve status, including associated housing, transportation or other facilities).

5.00 Plans, procedures and facilities for landing or storage use zones.

6.00 Establishment of impact, compatibility or restricted use zones.

DEPARTMENT OF ENERGY

1 .OO Prohibition orders.

GENERAL SERVICES ADMINISTRATION

1.00. Acquisition, location and design of proposed Federal Government property or buildings, whether leased or owned by t l~e Federal Government.

2.00 Disposition of Federal surplus lands and structures.

DEPARTMENT OF INTElUOR

Fish and Wildlife Sewice 1.00 Management of National Wildlife refuges and proposed acquisitions.

Mineral Management Sewice 2.00 OCS lease sale activities including tract selection, lease sale stipulations, etc.

National Park Service 3.00 National Park and Seashore management and proposed acquisitions.

April 2007 DRAFT LWRP

Page 5: POWER AUTHORITY OF THE STATE OF NEW YORK NEW YORK …

DEPARTMENT OF TRANSPORTATION

Amtrak-Conrail 1 .OO Expansions, curtailments, new construction, upgradings or abandonments of railroad

facilities or services, in or affecting the State's coastal area.

Coast Guard 2.00 Location and design, construction or enlargement of Coast Guard stations, bases, and

lighthouses.

3.00 Location, placement or removal of navigation devices which are not part of the routine operations under the Aids to Navigation Program (ATON).

4.00 Expansion, abandonment, designation or anchorages, lightening areas or shipping lanes and ice management practices and activities.

Federal Aviation Administration 5.00 Location and design, construction, maintenance, and demolition of Federal aids to air

navigation.

Federal Highway Administration 6.00 Highway construction.

FEDERAL LICENSES AND PERMITS

DEPARTMENT OF DEFENSE

Armv Corps of Engineers 1.00 Construction of dams, dilces or ditches across navigable waters, or obstruction or

alteration of navigable waters required under Section 9 and 10 of the Rivers and I-Iarbors Act of 1899 (33 U.S.C. 401,403).

2.00 Establishment of harbor lines pursuant to Section 1 1 of the Rivers and Harbors Act of ' 1899 (33 U.S.C. 404,405).

3.00 Occupation of seawall, bulkhead, jetty, dike, levee, wharf, pier, or other work built by the U.S. pursuant to Section 14 or the Rivers and I-Iarbors Act of 1899 (33 U.S.C. 408).

4.00 Approval of plans for improvements made at private expense under USACOE supervision pursuant to the Rivers and Harbors Act of 1902 (33 U.S.C. 565).

5.00 Disposal of dredged spoils into the waters of the U.S., pursuant to the Clean Water Act, Section 404 (33 U.S.C. 1344).

6.00 All actions for which permits are required pursuant to Section 103 of the Marine Protection, Research and Sanctuaries Act of 1972 (33 U.S.C. 1413).

7.00 Construction of artificial islands and fixed structures in Long Island Sound pursuant to Section 4(f) of the River and Harbors Act of 1912 (33 U.S.C.).

April 2007 DRAFT LWRP

Page 6: POWER AUTHORITY OF THE STATE OF NEW YORK NEW YORK …

DEPARTMENT OF ENERGY

Economic Regulatory Commission 1 .OO Regulation of gas pipelines, and licensing of import or export of natural gas pursuant

to the Natural Gas Act (15 U.S.C. 717) and the Energy Reorganization Act of 1974. 2.00 Exemptions from prohibition orders.

Federal Enerw Regulatory Commission 3.00 Licenses for non-Federal hydroelectric projects and primaly transmission lines under

Sections 3(1 I), 4(e) and 15 of the Federal Power Act (16 U.S.C. 796(1 l), 797(1 1) and 808).

4.00 Orders for interconnection of electric transmission facilities under Section 202(b) of the Federal Power Act (15 U.S.C. 824a(b)).

5.00 Certificates for the construction and operation of interstate natural gas pipeline facilities, including both pipelines and terminal facilities under Section 7(c) of the Natural Gas Act (15 U.S.C. 717f(c)).

6.00 Permission and approval for the abandonment of natural gas pipeline facilities under Section 7(b) of the Natural Gas Act (15 U.S.C. 717f(b)).

ENVIRONMENTAL PROTECTION AGENCY

1 .OO NPDES permits and other permits for Federal installations, discharges in contiguous zones and ocean waters, sludge runoff and aquaculture pennits pursuant to Section 401,402,403,405,and 318 of the Federal Water Pollution Control Act of 1972 (33 U.S.C. 1341, 1342,1343, and 1328).

2.00 Permits pursuant to the Resources Recovery and Conservation Act of 1976.

3 .OO Permits pursuant to the underground injection control program under Section 1424 of the Safe Water Drinking Water Act (42 U.S.C. 300 h-c).

4.00 Permits pursuant to the Clean Air Act of 1976 (42 U.S.C. 1857).

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Services 1.00 Endangered species permits pursuant to the Endangered Species Act (16 U.S.C.

153(a)).

Mineral Management Service 2.00 Permits to drill, rights of use and easements for construction and maintenance of

pipelines, gathering and flow lines and associated structures pursuant to 43 U.S.C.1334, exploration and development plans, and any other permits or authorizations granted for activities described in detail in OCS exploration, development, and production plans.

3.00 Permits required for pipelines crossing federal lands, including OCS lands, and associated activities pursuant to the OCS Lands Act (43 U.S.C. 1334) and 43 U.S.C. 931 (c) and 20 U.S.C. 185.

April 2007 DRAFT LWRP

Page 7: POWER AUTHORITY OF THE STATE OF NEW YORK NEW YORK …

INTERSTATE COMMERCE COMMISSION

1.00 Authority to abandon railway lines (to the extent that the abandonment involves removal of trackage and disposition of right-of-way); authority to construct railroads; authority to construct coal sluily pipelines.

NUCLEAR REGULATORY COMMISSION

1 .OO Licensing and certification of the siting, coilstruction and operation of nuclear power plans pursuant to Atomic Energy Act of 1954, Title 1 1 of the Energy Reorganization Act of 1974 and the National Environmental Policy Act of 1969.

DEPARTMENT OF TRANSPORTATION

Coast Guard 1.00 Construction or modification of bridges, causeways or pipelines over navigable - - -

waters pursuant to 49 U.S.C. 1455. 2.00 Per~uits for Deepwater Ports pursuant to the Deepwater Ports Act of1974 (33 U.S.C.

1501). Federal Aviation Administration 3.00 Permits and licenses for construction, operation or alteration of airports.

FEDERAL ASSISTANCE*

DEPARTMENT OF AGRICULTURE

10.068 Rural Clean Water Program 10.409 Irrigation, Drainage, and Other Soil and Water Conservation Loans 10.410 Low to Moderate Income Housing Loails 10.41 1 Rural Housing Site Loans 10.413 Recreation Facility Loans 10.414 Resource Conservation and Development Loans 10.415 Rural Rental Housing Loans 10.4'16 Soil and Water Loans 10.418 Water and Waste Disposal Systems for Rural Communities 10.422 Business and Industrial Loans 10.424 Industrial Development Grants 10.426 Area Development Assistance Planning Grants 10.429 Above Moderate Income Housing Loans 10.430 Energy Impacted Area Development Assistance Program 10.901 Resource Conservation and Development 10.902 Soil and Water Conservation 10.904 Watershed Protection and Flood Prevention 10.906 River Basin Surveys and Investigations

April 2007 DRAFT LWRP

Page 8: POWER AUTHORITY OF THE STATE OF NEW YORK NEW YORK …

DEPARTMENT OF COMMERCE

11.300 Economic Development - Grants and Loans for Public Woks and Development Facilities

11.301 Economic Development - Business Development Assistance

1 1.302 Econornic Developlnent - Support for Planning Organizations

11.304 Economic Development - State and Local Econornic Development Planning

11.305 Economic Development - State and Local Economic Development Planning

11.307 Special Economic Development and Adjustment Assistance Program - Long Term Econo~nic Deterioration

11.308 Grants to States for Supplemental and Basic Funding of Titles I, 11, 111, IV, and V Activities

1 1.405 Anadromous and Great Lakes Fisheries Conservation

11.407 Commercial Fisheries Research and Development

11.41 7 Sea Grant Support

11.427 Fisheries Development and Utilization - Research and Demonstration Grants and Cooperative Agreements Program

11.501 Development and Promotion of Ports and Intermodal Transportation

11.509 Development and Promotion of Domestic Waterborne Transport Systems

DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

14.1 12 Mortgage Insurance - Construction or Substantial Rehabilitation of Condominium Projects

14.1 15 Mortgage Insurance - Development of Sales Type Cooperative Projects

14.1 17 Mortgage Insurailce - Homes

14.124 Mortgage Insurance - Investor Sponsored Cooperative Housing

14.125 Mortgage Insurance - Land Development and New Communities

14.126 Mortgage Insurance - Management Type Cooperative Projects

14.127 Mortgage Insurance - Mobile Home Parks

14.218 Community Development Bloclc GrantstEntitlement Grants

14.219 Community Development Block GrantsISmall Cities Prograin

14.221 Urban Development Action Grants

14.223 Indian Community Development Block Grant Program

April 2007 DRAFT LWRF'

Page 9: POWER AUTHORITY OF THE STATE OF NEW YORK NEW YORK …

DEPARTMENT OF THE INTERIOR

15.400 Outdoor Recreation - Acquisition, Development and Plaruling

15.402 Outdoor Recreation - Technical Assistance

15.403 Disposal of Federal Surplus Real Property for Parks, Recreation, and Historic Monuments

15.41 1 Historic Preservation Grants-In-Aid

15.41 7 Urban Park and Recreation Recovery Prograrn

15.600 Anadromous Fish Conservation

15.605 Fish Restoration

15.61 1 Wildlife Restoration

15.613 Marine Mammal Grant Program

15.802 Minerals Discovery Loan Program

15.950 National Water Research and Development Program

15.951 Water Resources Research and Technology - Assistance to State Institutes

15.952 Water Research and Technology - Matching Funds to State Institutes

DEPARTMENT OF TRANSPORTATION

20.102 Airport Development Aid Program

20.103 Airport Planning Grant Program i

20.205 Highway Research, Planning, and Construction

20.309 Railroad Rehabilitation and Improvement - Guarantee of Obligation

20.310 Railroad Rehabilitation and Improvement - Redeemable Preference Shares

20.506 Urban Mass Transportation Demonstration Grants

20.509 Public Transportation for Rural and Small Urban Areas

GENERAL SERVICES ADMINISTRATION

39.002 Disposal of Federal Surplus Real Property

COMMUNITY SERVICES ADMINISTRATION

49.002 Community Action

49.01 1 Community Economic Development

49.013 State Economic Opportunity Offices

49.017 Rural Development Loan Fund

49,018 Housing and Community Developmellt (Rural Housing)

April 2007 DRAFT LWRP 6-20

Page 10: POWER AUTHORITY OF THE STATE OF NEW YORK NEW YORK …

SMALL BUSINESS ADMINISTRATION

59.012 Small Business Loans

59.013 State and Local Development Co~llpany Loans

59.024 Water Pollution Control Loans

59.025 Air Pollution Control Loans

59.031 Small Business Pollution Control Financing Guarantee

ENVIRONMENTAL PROTECTION AGENCY

66.001 Air Pollution Control Program Grants

66.418 Construction Grants for Wastewater Treatment Works

66.426 Water Pollution Control - State and Areawide Water Quality Management Planning Agency

66.451 Solid and Hazardous Waste Management Program Support Grants

66.452 Solid Waste Management Demonstration Grants

66.600 Enviro~lrnental Protection Coilsolidated Grants Program Support Comprehensive Environmental Response, Co~npensation and Liability (Super Fund)

* Numbers refer to the Catalog of Federal Domestic Assistance Programs, 1980 and its two subsequent updates.

April 2007 DRAFT LWRP

Page 11: POWER AUTHORITY OF THE STATE OF NEW YORK NEW YORK …

B. STATE AND FEDERAL ACTIONS AND PROGRAMS NECESSARY TO FURTHER THE LWRP

1. State Actions and Programs

Office of General Services

a Prior to any development occurring in the water or on the immediate waterfront, OGS should he consulted for a determination of the State's interest in underwater or formerly underwater lands, and for authorization to use and occupy these lands.

Office of Parlcs. Recreation and Historic Preservation

e Provision of financial assistance through the Clean WaterIClean Air Bond Act for the acquisition of lands for park, recreation, conservation or preservation purposes, to help preserve wildlife habitats and provide access to the waterfront. . Planning, development, construction, major renovation, or expansion of recreational facilities or the provision of funding for such facilities. . Provision of funding for State and local activities from the Land and Water Conservation Fund.

e Planning, development, implementation or the provision of funding for recreational programs.

e Funding or partial funding of eligible activities through the Environmental Protection Fund (EPF) administered by OPRHP-including the acquisition, development, and improvement of parks and historic properties.

@ Provision of funding for State and local historic preservation districts. - Activities under the Heritage Areas Systems. s Provision of assistance for the nomination of historic structures to the State and National

Registers of Historic Places, and/or the Building Structures Inventory and the presewation of historic structures, as well as the provision of legal protection and funding.

Department of Environmental Conservation . Remediation of contaminated properties. . Planning, development, or construction of recreation facilities/projects located in the waterfront.

e Provision of funding for capital projects under Clean WaterIClean Air Bond Act. a Any proposed activity, including dredging and construction, in or adjacent to any waterway

and/or wetland areas must secure the appropriate freshwater and tidal wetla~ds permit from the DEC. This action must be coordinated with the State and local policies.

Department of State e Provision of funding for the implementation of an approved LWRP. o Provision of funding under the Community Services Block Grant Program 0 Funding or partial funding of eligible activities through the Environmental Protection Fund

(EPF) administered by the NYSDOS I

April 2007 DRAFT LWRP

Page 12: POWER AUTHORITY OF THE STATE OF NEW YORK NEW YORK …

Council on the Arts

D Funding assistance for public education programs related to the natural sciences, historic resources, and associated projects.

2. Federal Actions and Proprams

Department of Housing and Urban Development

. Allocation of Community Development Block Grant (CD) for community development activities.

Department of the Interior

Fish and Wildlife Service

. Restoration of fish and other coastal resources through the Office of Ocean and Coastal Resource Management.

National Pal< Service

. Provision of funding under Land and Water Conservation Fund Program.

Department olDefense

Corps of Engineers . A U.S. Army Corps of Engineers permit would be required for the following activities:

- dredging and slioreline stabilization - installation, modification or repair or docking structures - repair of breakwaters - repair or installation of boat ramps

Department of the Treasury . Incentives for Qualified Building Rehabilitation.

&. Provision of appropriate tax-exempt status for nonprofit agencies active in the local waterfront area.

Economic Development Administration . Assistance under the Public Works and Economic Development Act for Street improvements.

April 2007 DRAFT LWRP

Page 13: POWER AUTHORITY OF THE STATE OF NEW YORK NEW YORK …

e The Village of HASTINGS-ON-HUDSON Local Waterfront Revitalization Program

SECTION VII CONSULTATION WITH OTHER AFFECTED

FEDERAL, STATE, REGIONAL. AND LOCAL AGENCIES

Page 14: POWER AUTHORITY OF THE STATE OF NEW YORK NEW YORK …

SECTION VII CONSULTATION WITH OTHER AFFECTED FEDERAL,

STATE, REGIONAL AND LOCAL AGENCIES

The Village of Hastings-on-Hudson's LWRP will affect and be affected by the actions of adjacent nnlnicipalities and County, regional, State and Federal agencies. This section describes the efforts taken by the Village to inform and involve other municipalities and agencies in the development of the LWRP.

A. LOCAL CONSULTATION Historic River Towns of Westchester (HRTW) is a non-profit organization that engaged an LWRP coordinator to facilitate communication among its member municipalities and to ensure that their LWRP Plans do not conflict with that of any other member municipality. The HRTW Waterfront Revitalization Assistance Program (WRAP) coordinator is continuing to conduct meetings among the I-IRTW participating members to shepherd all through the LWRP process and also to facilitate implementation of inter-municipal LWRP projects.

In addition to the coordination facilitated by the HRTW among the 13 municipalities along the east bank of the Hudson River, the Village of Hastings-on-I-Iudson also maintains individual co- operative relationships with neighboring com~nunities. For instance, localities which share borders with Hastings-on-Hudson (City of Yonkers, Villages of Ardsley and Dobbs Ferry, and Town of Greenburgh) are always notified of any plans or issues that may impact their communities.

B. REGIONAL CONSULTATION The Westchester County Planning Department has been a valuable resource in the development of the LWRP and has provided funds and technical assistance for various projects related to its preparation and impleme~~tation. The Village of Hastings-on-Hudson joined the Westchester County Greenway Compact in October, 2005 to participate more fully in the Hudson River Valley Greenway and to be consistent with County Greenway Plan goals and objectives in Village planning efforts.

C. STATE AGENCY CONSULTATION Department of State (NYSDOS): The NYS Department of State has been intimately involved in the formulation of the scope and outline for this LWRP. On-going communication was maintained and periodic meetings were held throughout the process with the DOS Coastal Resource Specialist assigned to the area. Funding assistance was also received from DOS for elements of the Local Waterfront Revitalization Program.

Department of Environmental Conservation (NYSDEC): The Village of Hastings-on- Hudson has maintained communication with the DEC and received funding for various projects related to the LWRP. Particularly those issues affected by the remediation plans for the ARC0 and Tappan Terminal sites have been subjects of discussion with NYS DEC.

April 2007 DRAFT LWRP 7-1

Page 15: POWER AUTHORITY OF THE STATE OF NEW YORK NEW YORK …

Department of Transportation (NYSDOT): The Village of Hastings-on-Hudson obtained funding from NYSDOT to prepare a Transportation Plan and Pedestrian Enhancements. Opportunities to link the rest of the Village with its waterfront while minimizing pedestrian and vehicular traffic circulation conflicts is an important focus of both the LWRP and the Transportation Plan. For this and other issues, the Village has maintained communication with NYS DOT throughout the LWRP plmling process.

Office of Parks Recreation and Historic Preservation (OPRHP): The Village of Hastings-on-I-Iudson obtained funding from NYSOPRHP to develop Kinnally Cove wit11 a kayak launch, picnic area and other recreation and envirolmlental amenities. Development and linking of public parkland is an important element of the LWRP and OPRHP has been supportive throughout the LWRP process with the Kinnally Cove project and otl~ers. The Village has maintained comlllunication with the OPRHP on issues related to the LWRP.

The LWRP will be reviewed in accordance with the requirements of the State Environmental Quality Review Act (SEQM). A Draft Generic Environmental Impact Statement (DGEIS) has been prepared, as presented in Section IX of this document. The LWRP, including the DGEIS, will be distributed by the NYS Department of State to all involved and affected federal, state, and local agencies to elicit their comments. A public hearing will be conducted at the appropriate time during the S E Q M review to provide a further opportunity for comment. All written and oral comments received on the draft LWRP will be addressed in the final version of the document, prior to the State's approval of the LWRP

D. FEDERAL CONSULTATION U.S. Army Corps of Engineers: The U. S. Army Corps of Engineers must review any proposed projects in or adjacent to the Hudson River and the Saw Mill River. Therefore, it is important to maintain open lines of communication and consult with the "Corps" on any such activities. The Army Corps of Engineers was among the agencies that were provided the permit application for development of Kinnally Cove. . Federal Highway Administration (FHWA): The FHWA, through the NYS Department of Transportation, has allocated funds for the design and reconstruction of the Zinsser Bridge either at its current location or at a better location over the Metro North railroad tracks, if one is found in the Village. Though the project is programmed to begin FY 2009, it can only be implemented if a governmental entity agrees to sponsor the project.

E. CONFLICT RESOLUTION The Village has not received any correspondence or had any discussion with affected agencies that would suggest real, potential or imagined conflicts with this LWRP. No conflicts are anticipated, however, should any arise the Village will interact with the respective agency to resolve them.

April 2007 DRAFT LWRP

Page 16: POWER AUTHORITY OF THE STATE OF NEW YORK NEW YORK …

dD The Ellage of HASTINGS-ON-HUDSON Local Waterfront Revitalization Program

SECTION Vlll OBTAINING LOCAL COMMITMENT

Page 17: POWER AUTHORITY OF THE STATE OF NEW YORK NEW YORK …

SECTION VIII OBTAINING LOCAL COMMITMENT

In order io ensure that the Local Waterfront Revitalization Program (LWRP) represented the vision of the entire Hastings community, the LWRP Steering Committee strived to engage Hastings residents and stakeholders throughout the entire waterfront planning process. All meetings were open to the public and a number of community forums and workshops were held to directly engage local residents and stakeholders. In addition, the LWRP Steering Committee sought advice and comments from Village boards and community organizations, neighboring municipalities, state, county and federal agencies, as well as local businesses, waterfront property owners and non-profit organizations.

A. LWRP Steering Committee. The LWRP Steering Committee was appointed by the Mayor and the Board of Trustees in 1997 to complete the LWRP plan and to engage the public in the process. The Steering Committee met regularly (Typically monthly) since the fall of 1997. Committee members included a member of the Planning Board and of the Board of Trustees. All meetings were open to the public and the Planning Board, the Mayor and the Board of Trustees were regularly updated on the progress of the program.

B. Community Leaders and Public Officials. The Waterfront Clean Up is the critical element of the LWRP and requires publiclprivate cooperation. While the LWRP process was underway, the Village of Hastings-on-Hudson simultaneously worked with waterfront property owners and the NYS Department of Environmental Conservation (NYS DEC) to obtain agreements on the remediation of the three contaminated, former industrial sites, as well as the adjacent riverbed. A C number of public hearings were held by the Village and NYS DEC regarding the settlement of litigation between the Village and ARCO Environmental LLC, as well as the DEC's remedial investigations, feasibility studies, proposed remedial actions ulans and record of decision. A record -- of decision was approved for the

w d ARCO has been ~,,paring the site for remediation. The PRAP for OU-2 (the river portion of the clean-up) has been submitted to NYS DEC by ARCO. The PRAP for the two industrial properties to the south that make up thc )pan Terminal was presented for a Public Hearing that was held on January 17, 2006. e Record of C ROD) foi

Any documents related to the Waterfront -.emediation and Redevelopment -, .uoLud on uw Village website, www.hastin~srrov.org, as they are made available. The ARCO project team also set up a website, www.oneriverstreet.com, that is updated weekly to provide the latest information.

C. Public Meetings and Input. Efforts have been made throughout the process to reach out to the Hastings community. All public meetings, except those of the LWRP Steering Committee, have been videotaped and broadcast on WHOH-TV. Draft and final documents have been made available to the public in the Municipal Building and the Hastings Library, and all plans and drawings were displayed in the Hastings Library. Draft and final documents and plans were also made available to the public on the Village's website. Local news media, including the New York Times, the Journal News and the Rivertowns Enterprise, were provided with information and press releases. Key events, such as the Waterfront Workshops, were publicized with special newsletters sent to all Hastings residents.

o ,

Page 18: POWER AUTHORITY OF THE STATE OF NEW YORK NEW YORK …

Timeline of the L W W Process

Fall 1997

April 1998

Fall 1998

November 1999

January 2000

April 2000

June 2000

The Board of Trustees receives a prese~itatio~l by the NYS Department of State, Divisio~i of Coastal Resources. The Board of Trustees votes to undertake an LWRP process. The LWRP Steering Conitnittee is appointed and begins to meet monthly. A Waterfront Plati~ii~ig For0111 lialf-day public forum is held, open to all 1-lastings residents, with representatives of NYS DOS, Westchester County Departtnent of Planning and Scenic Hudson in attendance., This public forum was intended to: 1) engage the corn~iiu~iity in the LWRP process; 2) develop waterfront plan~ii~ig principles to guide the process; and 3)recruit volunteers to serve 011 subco~nmifiees to complete the

lnventory and Analysis section of the LWRP document. Over one hundred residents volunteered to serve on subcommittees. Inventory and A~ialysis Subco~nmittees Present Reports Subco~nmittees met regularly for six months and presented their findings at a public meeting. Reports were presented by the followi~ig committees: Water-Related Resources

Recreational Resources Historic Resources Scenic Resources Natural Resources Economic Resources Infrastructure Traffic and Transportation Enviro~imental Remediation

l~iventory and Analysis Submilted lo the Board of Trustees The work of tlie subcommittees was complied and presented in a public meeting to tlie Board. LWRP Consulta~it is Retained At tlie recomme~idatio~i of tlie LWRP Steering Com~nittee, the - Board of Trustees votes to approve tlie colitract with Cashin Associates, who will serve as tlic 12W111' - Steering .. Conunitlee's Pla111ii11g Consult;lnl. .. .- - . Regional Plan r\ssociation was Retained to 1:acilitate Waterli.ont I ' I ~ I I I I I ~ I I S Workshops : The Board of Trustees vote to retain the Regio~ial Plan Association (RPA) to facilitate a ulanninrr orocess to formulate a - redevelop~ne~it plan for tlie for~iier industrial sites on the waterfront. ARCO Environme~ital LLC and the NYS DOS Division of Coastal Resources are parttiers in the platining effort. Mayor and Board of Trustees appoint a Waterfront Redevelop~nent Steering Committee. The Steeri~ie Committee. in turn. recruits local residents. - stal<eholders and agency reprcse~itntives ~. io scrvc OI I all Advisory i3o;lrd. \I'atcrfront Workshou d 1: 150 communilv residents and srakellolders convene for a full day to create a redevelopnie~lt plan for the for~iler industrial sites on the waterfront, including tlie ARCO, Exxon Mobil and Uhlich Color

i Company sites. The worltshop is facilitated by RPA, with assistance froni local plan~iers and architects.

April 2007 DRAFT LWW 8-2

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1 October 2000 I Waterfront Workshou #2: Half-day uublic workshou held to refine plan 1 created at workshopah I . Over l~dresidents and sta'keholders attend. I Presentation of Waterfront Redevelonment Plan: Renresentatives of RPA

January 2001 January 2002

I Trustees meeting. The study is made available for public comment. March 2004 1 Final Waterfront Redevelopment Strategy Submitted: The final study is

present draft Redevelopment Plan to the public for further input. Redevelopment Plan for the Waterfront is Released to the Public The final Redevelopment Plan for the Hastings-on-Hudson Waterfront,

Fall 2002

Spring 2003

September 2003

I submitted to rhe Board of Trustees and is made available to the public. September 2004 1- Presentation ofthe DraR I.WW to the Planning Board: DrdR l.WW is

produced by RPA, is available to the public a id on the Village website Draft LWRP Document Presented to the Public : At a meeting of the Board of Trustees, the draft LWRP report is presented by Cashin Associates and the LWRP Steering Committee. The draft lacks the DEIS and a Harbor Management Plan. The document is made available to the public for comment. Waterfront Redevelopment Strategy Study Begins: The Board of Trustees retain Saratoga Associates to prepare a development strategy for the waterfront, a step recommended by the draft LWRP and the Waterfront Redevelopment Plan. A Steering Committee is appointed that includes the Mayor and another trustee, members of the LWRP Steering Committee, the Chair ofthe Planning Board and environmental attorneys of both the Village and ARCO. Public Presentation of the Draft Waterfront Redevelopment Strategy Saratoga Associates presents the draft study to the public at the Board of

September 2004-

December ZOOS I and completion of Harbor Management ~ l a l < DGEIS, etc. December ZOOS ( Presented updated and edited third Draft LWRP to Steering Committee for

presented to the Planning Board for its comments and to discuss the review procedure of projects for consistency with LWRP. Draft LWRP reviewed by LWRP Committee, preparation of Harbor

A& 2005 May 2005

May 2005 -

I review and final edits by Planning Director and Cashin Associates. May 2006 I Draft LWRP completed and presented to Village Board of Trustees, Planning

Management Plan, DGGS by Cashin and edit; by Planning Director. Presentation of revised Draft LWRP to Steering Committee to continue review and preparation of final Draft LWRP. LWRP Committee, consultants, and Planning Director continued review, edits,

Board, and LWRP Committee for acceptance to present to public for review. I.. .. . lary submittal to DOS and posted on Village websitc ns and updates to Draft LWRP Plan in response to c, bm

:ebrualy2007 DOS, Planning Bean), Trustees, Village Environmentai Counsel and otlrers dawh 2007 - Distribute revised Draft LWRP Plan to Board of Trustecs, Planning Board,

2007 I.WRP Committee and post on website fox public meeting April 11,2007. .,. .. -June 2007 Post April 2007 Drafi on website, Public Workshop on May 16 2007, Respond I ta Comments from public review, revise rrs nedd. %wbmi t it DO% for- ---- $4 ---- -.,:-, I

April 2007 DRAFT LWRP

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@ The ElIage of HASTINGS-ON-HUDSON Local Waterfront Revitalization Program

SECTION IX DRAFT GENERIC IMPACT STATEMENT (DGEIS)

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SECTION IX

DRAFT GENERIC ENVIRONMENTAL IMPACT STATEMENT

LOCAL WATEWRONT REVITALIZATION PROGRAM

INCORPORATED VILLAGE OF HASTINGS-ON-HUDSON,

WESTCHESTER COUNTY, NEW YORK

Required By and Prepared For:

Village of Hastings-on-Hudson Village Board 7 Maple Avenue

Hastings-on-Hudson, NY 10706

Contact Name:

Village Board of Trustees

Village of Hastings-on-Hudson 7 Maple Avenue

Hastings-on-Hudson, NY 10706 (914) 478-3400

Prepared By:

Cashin Associates, P.C. 1200 Veterans Memorial Highway

Hauppauge, New Yorlc 11788

Date Accepted:

Date Coinments Due By:

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DRAFT GENERIC ENVIRONMENTAL IMPACT STATEMENT LOCAL WATERFRONT REVITALIZATION PROGRAM

VILLAGE OF HASTINGS ON HUDSON, NEW YORIC

AMENDED DRAFT - FEBRUARY 2007 APRIL 2007

Section

TABLE OF CONTENTS

Title

EXECUTIVE SUMMARY

Summary of Proposed Action Significant Environmental Impacts Mitigation Measures Alternatives Issues of Controversy

INTROD UCTZON

Previous Studies History of Waterfront Contamination

DESClUPTION OF PROPOSED ACTION

Purpose and Need for the Proposed Action Proposed and Recommended Laws Proposed and Recommended Capital Projects Proposed and Recommended Procedural Actions Recommended Studies Proposed Public Education Programs Alterations in the Existing Management and Regulatory Structure

ENVIRONMENTAL SETTING

Soils and Topography Groundwater Resources Surface Water Resources Ecology Traffic and Transportation Air Resources

Page No.

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TABLE OF CONTENTS (continued)

Section Title Page No.

4.7 Land Use and Zoning 4.8 1-Iuman Resources 4.9 Recreatio~lal Facilities and Comnm~lnity Services 4.10 Utilities 4.11 Scenic Resources 4.12 Historic and Archaeological Resources 4.13 Contamination on the Waterfront

5.0 POTENTIAL ENWRONMENTAL IMPACTS 9-27

Soils and Topography Groundwater Resources Surface Water Resources Ecology Traffic and Transportation Air Resources Land Use and Zoning Human Resources Educational Resources Recreational Facilities and Community Services Utilities Scenic Resources Historic and Archaeological Resources Growth-Inducing Aspects Cumulative Impacts Irreversible and Irretrievable Commitment of Resources Impacts on the Use and Conservation of Energy

6.0 MITIGATION MEASURES TO MINIMIZE IMPACTS 9-42

6.1 Mitigation Meas~tres 6.2 Unavoidable Adverse Environmental Impacts

7.0 ALTERNATIVES 9-43

TRAFFIC MAPS BASED ON AKRF TRAFFIC STUDY FIGURES i . .

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Draft Generic Envil.onmental Irnoact Statement

1.0 EXECUTIVE SUMMARY

This Draft Generic Environmental Impact Statement (DGEIS) is submitted in compliance with Section 8-0109 of the New York State Environmental Conservation Law (the State Environmental Quality Review Act, or SEQRA), and the rules, regulations, and guidelines pertaining thereto (6 NYCRR Part 617).

Much of the information required for this DGEIS is contained within the main body of the Local Waterfront Revitalization Program (LWRP) report, which comprises the preceding eight sections of this document. Wherever possible, infor~nation preseuted in the LWRP has been iucorporated by reference into this DGEIS in order to avoid unnecessary duplication. Section 1 of this DGEIS summarizes the categories that are discussed in gxeater detail in the subsequent pages.

1.1 Summary of Proposed Action

The proposed action is the adoption of the Village of Hastings-on-Hudson's Local Waterfront Revitalization Program (LWRP), which i~lcludes the re-zoning of approximately 43 acres of contaminated industrial waterfront from general industrial (GI) to a new marine waterfront district drafted to implement this LWRP. The LWRP consists of a varied program of land and water uses; decision-making policies and standards; new and amended local laws, administrative actions, and recommended projects within the Village's coastal area. The LWRP represents an extensive planning effort by the Village, which has incorporated the findings and recommendations of numerous previous studies from decades of work that have focused on the redevelopment potential of the waterfront area. These prcvious works largely include former development proposals and municipal planning documents (e.g., the Harbor at Hastings DEIS, A Redevelopment Plan for the Hastings-on-Hudson Waterfront). These previous studies and more are discussed in detail in (i 2.1 of this DGEIS.

The Village's now largely dormant waterfront includes some remaining industrial buildings and the site is zoned GI (General Industrial). The GI zone permits industrial and commercial uses such as ma~ufacturing, warehousing offices, retail, and other intensive uses. Through the proposed action, the Village intends to re-zone a large portion of the waterfront from GI to MW-B (Marine Waterfront-B). The marine waterfront district permits uses such as yacht clubs, marinas, restaurants, and beachlpark facilities. In connection with this action, the Village will also modify the MW-B zoning rules to reduce the scale of development permitted under that classification (see (i 5.7 of this DGEIS for a complete discussion on the MW-B zoning category). Through this re-zoning, the Village will rehabilitate the expansive waterfront area and provide residents with a newfound area of open space that presently does not exist. Residents have extremely limited access to the Village's expanse along the Hudson River, blocked largely by vacant industrial buildings, an ugly blight on the waterfront. Previous opinion surveys conducted by the Village have indicated that such waterfront access is a key desire for the majority of Village residents.

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Draft Generic Environmental Impact Statement

Years of planning have resulted in the current redevelopment design. The final waterfront schematic design addresses a variety of redevelopment aspects including land use and road networks, linkages, open space uses, the water's edge, and institutional uses. With regards to land use and road networks, the northern section of the waterfront would be an extension of the Village and accommodate a mix of commercial and residential uses as well as amix of building styles and types. The central or neighborhood section would contain a variety of housing types such as townhomes or garden apartments. The remaining southern portion of the waterfront is an area reserved for open space uses, possibly in combination with the campus of an institutional use.

The Village's official LWRP bounday proposes an expansion from the oofcial State-designated Coastal Management Program (CMP) area boundary, so that the Program would encompass the entire Village. The existing coastal area boundary encompasses that poltion of the Village of Hastings-on-Hudson lying to the west of a line that is located 1,500 feet to the west of the eastern boundary ofthe Village, such that only a narrow corridor along the eastern side of the Village lies outside the existing coastal area. Expanding the boundary to include the narrow corridor between the Village's eastern bounday a ~ d the Saw Mill River Parkway (which lies outside the existing coastal area boundary) will allow the Village to implement more con~prehensive stormwater management measures in order to achieve the maximum benefits with respect to coastal water quality.

The Hudson River coastal bounday would remain the same as under the CMP, extending 1,500 feet offshore from the mean high water line in the Hudson River.

1.2 Significant Environmental Impacts

A significant beneficial impact will be derived from the imnplementation of the LWRP through the adoption of a comprehensive program and set of policies for the use and protection of coastal resources within the Village ofHastings-on-I-Iudson. The plan calls for the demolition of most of the former industrial buildings that will predominantly be demolished, whereas those that may be found to be sound during an engineering inspection and may have historical value may be saved. The -43 acres of waterfront property that currently suffers fiom heavy contamination from previous uses will be fully remediated and a large public waterfront area will be established. This is a significant improvement over the present situation. The contamination at the various waterfront parcels is discussed in detail in Section 4.13 of this DGEIS.

The Village Board of Trustees and the Planning Board established a Community Vision Plan that provided a comprehensive framework on which the Village could base futue decision- making. The process started with a review by professional planning consultants of all prior plans and a baseline study of conditions in and around Hastings today. Relevant previous studies are summarized in Section 2.1 of this DGEIS. The Planning Board then conducted an extensive public process that resulted in a set of goals and implementation steps described in a comprehensive planning document called, "A Comnzzlnity Vision for Conzprehensive Planning and Strategic Action Plan." 1

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Draft Generic Environmental Impact Statement

As stated in the 1999 document, known as the Community Vision Plan, there are two principal goals for the Village:

1. The first goal is to maintain our existing character as a village community. The size of both physical structures and population growth must be of a Village scale, and every effort must be made to continue and enhatlce the sense of community. A viable downtow11 and healthy local institutio~ls (e.g. schools, libraly, volunteer fire companies) are critical in accomplishing this.

2. The second goal is to re-establish our connection to the Hudso~i River. The waterfront must be reclaimed and developed as an integral part of our community, and recognized as part of our regional context with neighboring Hudson River municipalities.

Planning principles for the Hastings waterfront were established in the Community Vision Plan, based on the work of the LWRP Steering Committee. The LWRP embraces several basic principles with regard to present and future waterfront planning. These principles include:

promote mixed-use development; preserve views; provide public access; preserve historic character;

0 insure viable and sustainable development; create a pedestrian friendly environment; and

0 integrate new development within the Village.

Specific actions that are undertaken in response to the proposals and recommendations of the LWRP will have beneficial results in the Village's coastal area by preserving and enhancing existing public recreational facilities. In addition, the LWRP provides for the restoration and preservation of natural resources (e.g., beaches, wetlands, scenic resources and sigilificant habitat area), historic and archaeological resources, and other important environmental resources (especially water quality) within and around the Village.

1.3 Mitigation Measures

There are no significant enviro~lmental impacts associated with the adoption of the LWRP. Accordingly, no additional mitigating measures are required to comply with SEQRA. The Village of I-Iastings-on-Hudson has a number of existing laws and reeulations which selve to - - - - ensure that potential environmental impacts resulting from projects in the coastal area are mitigated. Several new laws and regulations (and amendments to existing laws and regulations) proposed in the LWRP will augment the ability of the present legislative and regulatoly framework to protect natural and human resources in the Village's coastal area. - These new regulations include a proposed new local wetland preservation law, changes in the laws that govern the discharge of stormwater runoff; proposed establishnent of a local - .

historic preservation law; the adoption of the Westchester County Greenway Compact Plan, and the amended zoning marine waterfront districts, which will allow less intensive development than the Harbor at Hastings proposal, which was previously subject to an DEIS

I and SEQRA Findings Statement.

Village of Hustings-on-Hudson Local Watereont Revitali3ation Program

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Drat? Generic Environmental Impact Statement

Specific projects identified in the LWRP may require mitigation to ensure that the environment is not adversely affected. In these cases, appropriate mitigation measures will be developed during the site-specific environmental review process. However, as a whole, the LWRP seeks to allow for the remediation and redevelopn~ent of the waterfiont, whicb presently is comprised of parcels that are classified as Class 2 Inactive Hazardous Waste Sites. The LWRP not only facilitates the remediation ofthese parcels, but also establishes a framework to guide filture development proposals so that important enviro~unental parameters are considered and industrial use is discontinued. New development will also be subject to Coastal Zone Consistency review which requires that it be consistent with policies set forth in this LWRP Plan.

1.4 Alternatives

The alternatives to the proposed LWRP which were considered include: 1) taking no action and not adopting the LWRP, or 2) adopting a different plan containing a variation of the specific policies and/or proposed projects. The no action alternative is uot desirable because it would not provide for increased protection of environmental resources in the coastal zone nor would it provide a comprehensive plan for land and water uses and other activities in the coastal area, as does the proposed LWRP. Also, the no action alternative would not provide for the re-zoning of the 43 acres of waterkont, leaving it zoned as industrial (and open to intensive development for retail a n d other traffic-intensive uses). This would allow for heavy industrial uses to potentially once again dominate the waterfiont, which directly contradicts the Village's stated goal of elilninating such uses. Industrial uses are not considered appropriate due to site contamination issues. Additional impacts associated with industrial and intensively developed retail uses, such as truck traffic and noise, would be incompatible with the new vision of the waterfront. The issues associated with the potential redevelopment of the waterfront are detailed throughout the sections of this DGEIS, with alternatives evaluated in 5 7 ofthis DGEIS.

None of the alternative plans would be as desirable as the proposed action since the LWRP represents the product of intensive and caeful consideration of land and water use policies, administrative actions, and recommended projects and studies that would provide for a high level of protection of natural and man-made resources in the Village's coastal area.

1.5 Issues of Controversy

The Village of Hastings-on-Hudson has developed its LWRP in order to regulate land and water uses and development in the coastal area in a comprehensive manner, so as to increase public enjoyment of the waterfront and to preserve significant environmental resources. However, despite these overall beneficial effects some degree of controversy may result from certain of thejndividual actions that comprise the L W ~ .

Village of Hustings-on-Hzidson Local Wateieont Revitalization Program

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I

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Draft Generic Environmel~tal Impact Statement

Perhaps it would be more appropriate to term these hurdles as challenges as opposed to controversies. The Village faces several challenges to implementing the strategies outlined in the LWRP:

Limited capital funding for development and maintenance of public open space and civic uses and the concomitant need for self-sustaining ventures and private funding. The existing residential tax base should ideally not be used for supporting waterfront redevelopment endeavors.

e Of the three main contaminated waterfront properties, the DEC is packaging them into two remediation projects, each with a different timeframe. Thus, the waterfront redevelopment plan will occur in aphased process that will likely take several years. All current private property owners do not want to be involved as developers. They are seeking a rational economic basis to exit the property, with slight deviations. It will be necessary to accommodate and work with these three companies to achieve the optimum goals of the LWRP.

0 The Village's small municipal staff limits the organizational capacity to manage the site redevelopment processes. Outside expertise is required.

Other issues of concern to the Village will be the response to the newly proposed Coastal Consistency Assessment Review and erosionlsediment control laws that will impact all future projects within the Village. Inlplementation of these standards would more closely regulate the construction and expansion of structures along the Village's shoreline, as well as parts upland. These restrictions may prompt objections from the affected property owners. However, the Village's decision to enact this type of regulation would be based on the wider benefits that would be rendered for the public and the environment, including: preservation of important scenic resources, protection of public access to the Hudson River waterfront, maintenance of navigation and public safety in the near shore area, and conservation of the important natural resources in and around the Village.

Other aspects of the LWRP may generate unanticipated controversy when the complete contents of the document are submitted to full public review during the SEQRA process. Such latent issues will be addressed and resolved during the preparation of the Final Generic Environmental Impact Statement. In addition, individual actions that may be a source of significant public controversy may be subject to a more site-specific environmental review at the time that the project is actually proposed for implementation.

The varying components of the proposed action and its impact on the Hastings environment are discussed in detail in the following sections of this DGEIS.

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Draft Generic Environmental Irnoact Statement

2.0 INTRODUCTION

The proposed action consists of the Village of Hastings-on-Hudson's adoption and implementation of the Local Waterfront Revitalization Progranl (LWRP). The LWRP comprises a program of land and water use policies, new and amended laws, administrative actions, and proposed public projects for the Village's area ofjurisdiction within the coastal area, as detailed in Sections 111, IV and V of the LWRP report.

The portion of the Village that lies within the official boundaries of the coastal zone, and for which the provisio~ls of the LWRP will apply, is called the Local Waterfront Revitalization Area (LWRA). The Village's official LWRP boundary proposes an expansion from the official State-designated Coastal Management Program (CMP) area boundary, so that the Program would encompass the entire Village. The existing coastal area boundary encompasses that portion of the Village of Hastings-on-Hudson lying to the west of a line that is located 1,500 feet to the west of the eastern boundary of the Village, such that only a narrow corridor (between the Village's eastern boundsuy and the Saw Mill River Parkway) lies outside the existing coastal area. It has been proposed that for the purposes of this LWRP, the boundary be extended to include this narrow area, as described in Section I and depicted in Map 1 of the LWRP report, so the Program would encompass the entire Village.

This DGEIS is submitted in compliance with the requirements of Section 8-0109 of the New Yorlc State E~lvironmental Cotlservation Law (commonly referred to as SEQRA, the State Environmental Quality Review Act), and the implementing Rules and Regulatio~ls (i.e., G NYCRR Part 617) and other applicable guidelines (e.g., The SEOR Handboolc). The purpose of this DGEIS is to identify the potential significant impacts that would result from the implementation of the LWRP and, if any such impacts are identified, to investigate possible measures that could be used as mitigation.

It is important to note that this DGEIS is not intended to provide a detailed analysis of the site-specific impacts of individual projects that may be undertaken in response to the proposals and recommendations presented in the LWRP. Rather the purpose of this document is to perform a "generic" assessment of potential impacts of the policies, and proposed legislation and public projects that are contained in the LWRP. Each individual action that is undertaken after the adoption of the LWRP -whether the action is a new or amended local law (other than the LWRP-related rezoning that will precede final approval of this LWRP), the construction of a new public facility or revitalization of an existing facility, or some other recommended or advocated in the LWRP - would be subject to a second, site-specific environmental assessment in accordance with the requirements of SEQRA. In this way, the adoption of the Village's comprehensive coastal policies can be expedited, while ensuring that due consideration is given to the potential environmental effects of subsequent measures that are talcen to implement these policies.

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Draft Generic Environmental Impact Statement

One objective of this DGEIS is to establish procedures and criteria for supplemental EISs, especially with respect to the site-specific impacts of individual components of the LWRP that are lo be implemented at a later date. This ensures that appropriate analysis is performed for potential impacts which were not sufficiently addressed in the GEIS. This approach is consistent with the provisions of the SEQRA regulations (6 NYCRR Part 617.10).

Much of the information required for this DGEIS is contained within the main body of the LWRP repoi-t (particularly within Section 11, Inventory). In order to avoid umlecessary repetition, therefore, this DGEIS utilizes references to other portions of this LWRP document wherever possible, per 6 NYCRR 617.9(b)(7).

2.1 Previous Studies

Since the early 1970s, when it appeared likely that the Anaconda Corp. would close its copper and wire cable factory, located on 28 acres ofprime Village riverfront, over a dozen reports, studies, or proposals have been prepared for the Haslings Waterfront. The plans have varied considerably in the amount of development density that they recommended for the waterfront and the physical layout, but most suggested amix of uses and a considerable amount of open space, including a continuous esplanade along the water's edge. The recommended re-development strategies are discussed in 5 3 ofthe DGEIS, and § 4 of the LWRP report.

Plans undertaken by the Village before the commencement of the LWRP in 1997, include:

The Planning Principles (1988) were developed to "foster land use that is appropriate to the location, size and character of the community."

The Planning Review (Ferrandino &Associates 1997) was areview by professional planning consultants (Ferrandino & Associates) of all prior plans (dating back to the fifties) and a baseline study of conditions in and around Hastings today.

A Community Visionfor Comprehensive Planning and Strategic Action Plan (1997), also lmown as the Community Vision Plan, was previously described in Section 1.3 of this DGEIS where there are details on the components of the Vision, which are focused around two main goals: (1) to maintain the existing character as avillage community (issues related to physical structures and population growth) and (2) to re-establish our connection to the Hudson River (reclaim the waterfront). This planning endeavor lead to the creation of a Strategic Action

that outlined planning principles and goals for the Village to pursue in order to achieve the two main goals. These principles are discussed in § 1.3 of this DGEIS.

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Draft Generic Environmental Imuact Statement

A Statement of Findings was issued by the Village of Hastings-on-Hudson Board of Trustees to evaluate the proposed adoption of marine waterfront zoning districts (MW-A and MW-B). The document summarized the Village's planning efforts of the previous 15 years and evaluated the then current issues and the potential redevelopment options for the Village waterfront. Recognized problems included, but were not limited to, the lack of public access to the Hudson River; the presence of heavy commercial truck traffic to and from the waterfront area; the extreme deterioration and disrepair of existing bulld~eads and other portions of the waterfront; the large vacant, abandoned industrial buildings that act as a visual barrier to the Hudson River and Palisades (and block access to the river as well).

An Environmental Assessment Form (EAF) and associated Negative Declaration were prepared for proposed zoning changes in 2002 for the Village of Hastings. The proposal included the approval of several new zoning districts that ranged in development options and densities (commercial, residential and mixed uses). The districts shape the permitted uses in an effort to eliminate unfavorable uses and preserve the Village's character.

The Village and the River (Frederick P. Clark Associates, 1970): this plan stated that many possibilities existed for mixed-use development and could emerge if the land were to become more accessible, and that "residential use of this property would have to be oTa fairly high density, apartment type if it is to represent an economically viable alternative."

The Szlmmary Planning Report for Hastings was also prepared in 1970 by Frederick P. Clark Associates. This document stated that unsightly industrial development on the waterfront hampered the area's visual quality and recommended the preparation and adoption of a Master Plan.

The I-lastings Waterkont Study (Hail, ICrivatsky, Stubee, April 1974) made recommendations solely for the Mobil property that included the development of luxury housing in two alternatives: a low rise plan with three to six stories (375 apartments) or apreferred high rise plan with towers (750 apartments). Other options included industrial and office uses. The plan also recommended a public wallcway along the entire waterfront.

The Anaconda Site Report (Peter Gisolfi, 1974) evaluated four development options for the former Hastings Associates and Service Manufacturing parcels. All four development options centered on a residential component (ranging from two to twelve stories) with commercial space as well as a public park component. The report also presented a fiscal analysis that described the tax revenues for the site based on the various possible development revenues.

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Draft Generic Environmental Impact Statement

The Comprehensive Engineering and Environmental Analysis (Howard Hoffinan Associates, November 1976) closely analyzed the technical aspects of the Anaconda site relative to its development potential, including the following: a ground and soils survey; utility analyses and plan; traffic study; noise study; bulkhead study; and cost estimates which were all based on a development proposal for 800 condominium units with a convenience-type retail facility included, and extensive co~lununity facilities (for the entire 31.5-acre Anaconda site).

The Ifastings Taxpayers ' Committee Report (1979) examined the attitudes of area residents towards eight different development options that included a range of industrial, commercial, residential, open space and mixed-use areas in varying degrees. Each option was evaluated in terms of taxes (increase or decrease), population, traffic, and other considerations. The findings indicated the most important issue to residents was the reduction of taxes, and that the mixed-use plan was the more favored development option.

A Comprehensive Waterfront Development Plan was completed by the Gruzen Partnership in 1982 (known as the Gruzen Report) and described existing land use, existing structures and ownership, view sheds, vehicular and pedestrian access, zoning and impacts. The Gruzen Plan considered development for the Harbor at Hastings site as well as portions of the Mobil and Uhlich properties. The Plan made recommendations for zoning and density controls on the site and proposed a total of 755 housing units on the combined property, with the majority of them falling within the area of the Harbor at Mastings proposal.

The Harbor at Hastings Draft Environmental Impact Statement (Parish & Weiner Inc, April 1989): This report focused on an intensive residential development proposal, lcnown as the Harbor at Ilastings, that involved the 36.084-acre parcel along the Village waterfront. This project required the re-zoning of the property from GI (general industrial) and MW (marine waterfront) to RMC-80 (residential). The stated purpose of the rezoning is to accommodate the mixed use residential and commercial development. The Harbor at Hastines vroposal - . A included the following plans for the property: 622 residential dwelling units, approximately 27,000 square feet of retail space, a 200 seat restaurant with a floor area of 7,400 square feet, and an expanded spol-ts and tennis center. Required parking facilities would be foi each residential dwelling unit and for all non-residential space. Ingresslegress to the site would occur from the Dock Street Bridge and River Street. More than 10 acres will be publicly accessible for such uses as a public park, waterfront promenade, and the commercial plaza and club. As this proposed action represents a much more intensive developmellt proposal for the Village waterfront, its DEIS and the Village's Findings Statement made in connection with the enactment of the MW-B zoning law were relied upon as a baseline against which impacts could be measured, for the completion of the DGEIS for the current LWRP proposal. The waterfront redevelopment planned by the LWW is much less intensive than the 622-unit Harbor at Hastings proposal, and will have fewer traffic, visual and other adverse environmental impacts.

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A Redevelopment Plan for the Hastings-on-Hudson Waterfront (Regional Plan Association, RPA, 2001): This redevelopment plan for the Hastings-on-I-Iudson Waterfront (Appendix A to this LWRP) is a community-based land use plan created for the Village that outlines the basic vision for three parcels of fonnerly industrial laid, owned by ARCO, Exxon-Mobil, and Uhlich. The Plan followed waterfront-pla~ming principles developed during the LWRP process. The overall planning framework encourages the waterfront as an integrated extension of the Village, functioning as a neighborhood, creating a cooperative relationship with the Village downtown and focusing around the train station. The final waterfront design addresses a variety of key redevelopment aspects including land use and road networks, linkages, open space uses, the water's edge, and institutional uses. The Plan discusses in detail the three main strategies that are necessary to successfully implement the suggested waterfront redevelopment initiatives. These are: (1) the remediation of contaminated properties; (2) establishing land use regulations; and (3) the investigation of development options.

Waterfront Implementation Strategy (Saratoga Associates, 2004): The goal of this document was to determine the most appropriate ownership and development approaches. The report contains a summary of the background research to date that will fomnl the basis for a specific - strategy for redevelopment of the waterfront, incorporating the guidelines set forth in the LWRP and the Redevelopment Plan. Alternative management structures are considered and recommended.

2.2 I-Iistorv of Waterfront Contamination

The Village's waterfront area has historically been an industrial economic center for Hastings for over a century. The former industrial uses are discussed in detail in 6 4.13 of this DGEIS and 5 2.13 of theLwRP. The NYS Department olEnvironmenta1 conservation (DEC) has been actively involved in the remedial work at the Village waterfront, as much of the land has been categorized as a Class 2 Inactive Hazardous Waste Disposal Site (divided into two sites, the ARCO site and the Uhlich/Mobil Site). The previous industrial activities have resulted in contamination of the land as well as the adjacent riverbed sediments.

The waterfront area was created in over a century ago and consists largely of heterogenous fill, and is presently contained by a deteriorating bulkhead. The ARCO site was formerly occupied by a wire and cable manufacturer that created copper wire, lead covered cable, high voltage cable and insulated wire (among other industrial uses). Site investigations revealed the presence of PCBs, petroleum hydrocarbons, and metal contaminants. The Uhliclfiobil properties formerly housed a facility that manufactured dyes, pigments and photographic processing chemicals as well as a fuel oil storage facility, respectively. Known concerns at the site include groundwater contamination form chlorobenzene, ether and benzene and hydrocarbons related to petroleum-based contaminants.

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The two sites are pursuing different avenues of remedial options. As of March 2005, the DEC signed an Administrative Order of Consent (AOC) for the larger ARC0 site, clearing the way for remedial work to begin at the property. This work will include the excavation and safe disposal of PCB-co~ltaminated soils, long-term contailunent (using a slurry wall, a sheet pile bulkhead, an impermeable cap and clean fill), removal of lead-contaminated soils, long-term monitoring and deed restrictions for future development of the site.

In December 2005, the NYS DEC issued a Proposed Remedial Action Plan for the UhlichIExxon-Mobil site. The DEC has not selected a final remedy for the site as of the date of this draft LWRF'. Like its plan at the adjacent ARC0 site, the DEC proposal at the Uhlich/Exxon-Mobil site is expected to take a number of years to implement.

The identified contamination has long presented a significant hurdle for redevelopment options on the waterfront. The planned remedial work, hrther enhanced by the programs outlined in the proposed LWRP, will serve to facilitate the re-establishment of a vibrant waterfront for the Village.

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3.0 DESCRIPTION OF PROPOSED ACTION

3.1 Purpose and Need for the Proposed Action

Tlle Village of Hastings-on-Hudson's LWRP has been developed in response to, and is consistent with, Federal and New York State objectives embodied in the Federal Coastal Zone Management Act of 1972, the New York State Waterfront Revitalization and Coastal Resources Act of 1981 (Article 42, Executive Law), the New York State Coastal Erosion Hazard Areas Act of 1981 (Article 34, Environmental Conservation Law), the Final Enviro~unental Impact Statement (1982) fov the New York State Coastal Management Program, and the draft Long Island Sound Coastal Management Program (draft LISCMP - March 1994).

The New York State Coastal Management Program, as refined on a regional basis in the draft LISCMP, describes the State's goals for the implementation of Federal coastal regulations. The current, State-wide Program includes a set of 44 policies that define acceptable approaches to regulate land and water use activities in tlle coastal area. These 44 policies were refined in the draft LISCMP and consolidated into 13 broader policies. The Village's LWRP has been developed on the basis of the 13 draft LISCMP policies, as subsequently amended by the State, adding sub-policies wherever necessary to define and clarify Village's goals and objectives (see Section 111 ofthe LWRP report).

In order to implement the LWRP policies and to ensure that the objectives of the LWRP are met, a number of actions are proposed, as detailed in Sections IV and V ofthe LWRP report. These actions include:

1) proposed and recommended laws (see Section 3.2); 2) proposed and recommended capital projects (see Section 3.3); 3) proposed and recommended urocedural actions (see Section 3.4): . * * , ,

4) proposed public education programs (see Section 3.5); and 5) alterations in existing management and regulatory structure (Section 3.6).

Each of these actions is discussed in further detail in the sections below.

The LWRP will serve to benefit the community in many ways by allowing a more desirable and much less intensive development of its unique waterfront area. The LWRP creates a much larger area of public open space on the waterfront, with less parking areas and impervious surfaces, and no towers to be constructed as had been previously proposed. Overall, the LWRP provides residents and visitors with a more aesthetically pleasing environment through the rehabilitation of a currently contaminated and dormant waterfront with increased recreational amenities. The plan also provides the framework for capital improvements that will ease traffic flow and congestion issues with increased connections between the Village's downtown core and the new active waterfront.

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3.2 Pro~osed and Recommended Laws

The new and amended legislation, regulations, and development guidelines proposed in the LWRP are listed below:

a) Proposed Erosion and Sediment Control Local Law - to establish standards for the control non-point source pollution from individual development sites.

b) Proposed local standards for the regulationJprohibition of non-stormwater discharges into the Village's stormwater drainage system (see 5 4.3 of the LWRP).

c) Possible Local Wetland Preservation Law - upon the completion of a cataloguing of the Village's wetland resources, it may be determined these resources warrant a greater level of protection. The New York State Freshwater Wetland regulations, as promulgated under 6 NYCRR Parts 663 and 664, can serve as a guide for local freshwater wetlands law. A significant limitation of state law is that it does not apply to wetlands less than 5 hectares (12.4 acres); the goal of the local law would be to cover smaller wetlands.

d) Possible Local Historic Preservation Law - if determined feasibleldesirable through a recommended investigation, the Village should pursue enactment of a new local law to implement the objectives outlined in 5 4.3.D regarding the preservation of locally important historic resources.

e) Proposed Local LWRP Consistency Review Law - In order to implement the LWRP, the Village must establish a consistency review law, as described in Section V of the LWRP.

f ) Proposed Local Law 9: Adoption of Westchester County Greenway Compact Plan, by which the Village of Hastings-on-Hudson becomes a participating community in the Greenway Compact (The Greenprintfor a Sustainable Future ... the Westchester Way). See 5 4.4 of this DGEIS for more information on the Greenwav Plan. , Eju,

~rflont district [see e.mmcdted'text in.$2.4.B6f ltheLWRP). The i h g :c\assif~ation woulc - mixture of uses, and d l be tied into a seriet -.

I € o m i a n ~ St- p r o v i d i ~equirements with regard. to various aspect$ of the; ewjopment. The MW-B- district, *ch will be amended to reduce' the de 'el~pment~it~.would o t h e m i s e ~ , a n d to limit non-institutional, residentialdev+ h,eeewaterf?ont area near the skition, requires that at least 50%.of the total ibe deqoted ta p&Kc space. The wimwn building coverage:pemitted in ~i~t.i$2.5%: Through the rozoning the Village intends to eliminate or red* %&son Riv;ervieiYs . Design guideiiigs will. be.estab1ished.and are ;ntended .'enhance scenic view, encourage an attractive e n v i r a ~ e n t for publie eccess erfront; respect the architectural character s&le of buildings . . - ' vntom and preserve the econamic, value of tho& pro---'es. The I isification is described in detail in Section 2 of the LWRP

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posed rezoning of the current residential district located along the eas ;horeline ofthe r Mill Rivez, extending from the MUPDD dentid district in the south; from R20 (one greation and Playground) would CSDOT) right-of-way. Through this tection of an eztensive stretch of nw-water

3.3 Proposed and Recommended Capital Proiects

a) Proposed Comprehensive Stormwater Mitigation Analysis - to identify stormwater drainage problems in the Village and formulate appropriate measures to improve water quality conditions in the Hudson River;

b) Proposed Land Acquisitions; Implementation of the proposed redevelopment of the 43- acre area of former industrial land on the Village's waterfront may entail public acquisition of all or part of the following properties:

t - 28 acres owned by ARC0 Environmental Remediation, L.L.C.; t - 6 acres occupied by Uhlich Color Company; and + - 8 acres owned by Exxon Mobil;

Further investigation is recommended to determine how the Village's waterfront objectives and goals would best be served, and whether public purchase of one or more of the involved parcels would be advantageous to the Village and its residents.

c) Proposed Waterfront Redevelopment. Redevelopment of the Village's 43-acre former industrial waterfront area to include a variety of residential housing tvves, commercial - -. uses, civic and cultural uses, and possibly an institutional use.

d) Enhance trailway system. The implementation strategies recommended for enhancing the system are described in further detail in ji 4.3.B of the LWRP.

e) Improve roadway and pedestrian connections to the waterfront area as discussed in 5 4.3.B of the LWRP.

f) Improve access to the South County Trailway along the Saw Mill River as discussed in 5 4.3.B of the LWRP.

g) Implement public components of the Waterfront Redevelopment Plan as discussed in 5 4.3.B of the LWRP.

h) Establish small boat launching facility and restore upland vegetation at Kinnally Cove as discussed in 5 4.3.B of the LWRP.

i) Restore Sugar Pond (the site has been impacted by invasive species and silting); as discussed in 5 4.3.B of the LWRP.

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3.4 Proposed and Recommended Procedural Actions

ay Establishment of a Special Anchorage Area, pursuant to the provisions of Section 43 of the Navigation Law: the Village may deem such areas as deemed proper as special nchorage areas, the location of which shall be marked by lighted buoys. Moorings may be placed within the limits of a special anchorage area in such a manner so as to allow each moored vessel to swing free with wind or current and with enough clearance to avoid contact with any other moored vessel. At no time may a vessel or part thereof extend outside the limits of the anchorage area.

3.5 Recommended Studies

a) Undertake a feasibility study to improve roadway and pedestrian connections to the Waterfront Redevelopment Area (i.e., to investigate the expansion of existing and creation of ramps, signage, and new bridges, including options surrounding the Zinsser Bridge redevelopment use options);

b) Study feasibility of creating safer, child-friendly bicycle connections to the South County Trailway;

c) Investigate how the Village's waterfront objectives and goals would best be served, and whether public purchase of one or more of the involved parcels would be advantageous to the Village and its residents;

d) Determine the feasibility of preserving certain existing structures in the Waterfront Redevelopment Area;

e) Review of feasibility and desirability of enacting a local Historic Preservation Law;

f ) Identify locally Significant Habitat Areas;

g) Identify locations for Tidal Wetlands restoration;

h) Investigate the feasibility of providing a public marina; and

i) Determine need for and desirability of Local Wetlands Preservation Law;

These recommended studies are discussed in detail in 5 4.3.E of the LWRP.

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3.6 Proposed Public Education Programs

The Village plans to augment public education efforts with respect to general environmental stewardship, as well as the water quality impacts of improper disposal of l~ousel~old hazardous wastes and vessel wastes, malfunctioning on-site wastewater disposal systems, and excessive application of fertilizer and turfchemicals. It is also the intent of the LWRP to encourage the promotion of public awareness of the historic resources present in the Village. The Village is considering utilizing several resources, such as self-guided information brochures, information kiosks, and strategically placed educational signage in conjunction with its educational program. As of the date of this report, implementation of the educational signage project has already begun.

3.7 Alterations in the Existing Management and Regulatory Structure ! Each proposed Type I or unlisted action (where the meaning ofthe term "action" is as defined in 6 NYCRR Part 617.2) that will talce place within or will directly affect the Village of Hastings-on-I-Iudson coastal area will be reviewed for compliance with the Village's LWRF'. The consistency review process will be incorporated into Village's administrative procedures, and will follow the protocol specified in Section V of the LWRF' report. The Pla~ming Board or other lead agency will be responsible for malting a consistency determination.

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4.0 ENVIRONMENTAL SETTING

The environmental setting of the Local Waterfront Revitalization Area is described in great detail in Section I1 of the LWRP report (Inventory). The following is a brief synopsis of that information. Refer to the applicable portions of the main report for further discussion.

4.1 Soils and Topograuhy

The last glacier carved the physical features of Hastings. The entire Hudson Estuary was scoured by the advance of the Wisconsiil ice sheet. The Village sits along the low shoreline area of the Hudson River, while the land to the east of the Village increases in elevation at a fairly steep rate.

Much of the Village's waterfront "soils" are comprised of unclassified fill, sand, gravel, soft organic silt and small amounts of clay. The material in the fill varies from large volumes of cinders, to earth and gravel mixed with masonry rubble as well as demolition debris. Previous studies, cited in Section 2.1 of this DGEIS, have been conducted to determine the characteristics of the waterfront soils and to establish the relationship of certain parcels to future development.

The bedrock of Hastings is composed of Ordovicia~l gneisses, marbles, schists, sandstones, and shales. These roclts are resistant to erosion, giving Hastings its characteristic rocky ledges. Across the Hudson River are the rising peaks of the Palisades, the result of ancient lava flows being carved by glaciers. See Section 2.10 of the LWRP report for further details.

4.2 Groundwater Resources

The Village's waterfront area is characterized by shallow, fl~~ctuating groundwate~ flow that tends to move up aid down in accordance with tidal fluctuations. The LWRP is a plmling - docume~it which is concerned primarily with the protection of coastal resources, particularly surface waters and the benefits derived there from. Groundwater resources adjacent to the Hudson River, although addressed in the LWRP, are generally of secondary importance. Groundwater in the upland areas of the Village is not generally used for drinking water.

4.3 Surface Water Resources

There are several important surface waters located throughout the Village, including the Hudson and Saw Mill Rivers, as well as two small ponds (only one of which is publicly accessible).

See Section 2.10.D of the LWRP report for further discussion of surface water resources in the Village.

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4.4 Ecology

The ecological resources in the Village's coastal area are varied, and include a scenic waterfront connected to a compact business district, interspliced with greeilbelts. The Village is bordered on the west by the Hudson River, with the Palisade bluffs on the western bank. The eastern boundary of the Village runs just east of the Saw Mill River and the Putnam Railroad Right-of-Way (now the South Co~u~ty Trailway). Hillside Woods forms the northeast corner, joining the Saw Mill River corridor and curving southwest toward the center of the Village. The Old Croton Aqueduct, a state park, runs north-south through the Village, paralleling the Hudson River. Hastings is essentially located on hills that are between two rivers. Tliere are numerous parks, trails, and areas for public enjoyment in the Village. See 5 2.10 of the LWRF' report for further discussion of ecological resources in the Village.

Westchester County is one of 13 counties that ~nalte up the Hudson River Valley Greenway (Greenway). The Greenway was established by the State ofNew York by the Hudson River Valley Greenway Act of 1991. The Greenway is a volu~ltay regional cooperation among 242 communities within 13 counties bordering the Hudson River.

The Greenway was created to facilitate the developn~ellt of a volunta~y regional strategy for preserving scenic, natural, historic, cultural and recreatiollal resources while encouraging cornvatible economic develooment and maintaining the tradition of home rule for land use - decision-making. Hastings has been a Greenway Community since 2001. In 2005 the Village Board of Trustees adopted a local law that will elevate the Village from the status of - - a Greenway Commu~lity to a Westchester County Greenway Compact Community, qualifying it for number of benefits including technical and funding assistance from the Greenway and possible scoring preference over non-compact communities on state grants.

The majority of the Village's waterfront is presently occupied by contaminated and largely do~mant industrial structures. The NYS DEC is actively involved with the Village in establishing appropriate remedial activities for the property. See § 4.13 of this DGEIS for discussio~l on the contamination issues faced on the various waterfront parcels.

4.5 Traffic and Transportation

The narrow and often hilly streets that contribute to the Village's ambience also provide a challenge to waterfront traffic. Access to the waterfront is limited because all such travel is restricted to a two-lane bridge (across the Metro-North Railroad on Dock Street) immediately north of the railroad station. Secondly, all traffic to and from this bridge must use one of three east-west streets (all of which intersect with the one north-south street tlvough the business district).

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East-west access to and from the Village is limited although there are several north-south routes (Saw Mill River Parkway, Sprain Brook Parkway, NYS Route 9, Broadway). The Zinsser Bridge from Southside Avenue to the former Uhlich Dye Company plant at the south end of the 43-acre waterfront property was taken out of service in 2003 for engineering reasons. However, it is one of 15 Mctro North bridge reconstruction projects on the New York State Department of Transportation's Transportation In~proveme~~t Plan (TIP) Design and Engineering is scheduled to begin in 2009, if a local government agency agrees to sponsor the project.

The Metro-North Railroad station is a focal point in the Village's downtown area, located - adjacent to the only public vehicular and pedestrian bridge over the railroad providing access to the waterfront. Commuter train service stopping in Hastings runs between Grand Central - - - Terminal inNew York City and Croton Harmon to the north i f Hastings The Village is also served by the county's Bee-Line Bus Company, a village-operated jitney for senior citizens, and two local taxi companies.

In November 1998 a formal traffic study was commissioned by the LWRP committee to review the waterfront and downtown area streets and intersections. The study area is bounded by Broadway on the east, River Street on the west, the terminus of Warburton Avenue at Broadway to the north, and Pinecrest Drive to the south. In this area, traffic volume and turning movement counts were conducted at fourteen (14) intersections during November and December 1998 and May 1999. The study found that the flow oftraffic in the study area is generally light to moderate. Intersection approaches were all functioning at a level-of-service of "C" or better even during the busiest periods (except for three locations: Main at Broadway (Route 9), Broadway at Main, and Washington at Broadway). These characteristics were further utilized to get a better understanding of the possible trip generation characteristics of potential waterfront scenarios. These findings are discussed fuvther in § 5.5 of this DGEIS.

The Redevelovment Plan for the I3astinas Waterfront stated that ". . .traffic impacts of future - "

developments will be mitigated in part by train service, although how much depends on land uses and their configuration." The Plan identified four intersections that are most susceptible - to growth related impacts:

e Main1 Farragutl Broadway (Route 9) * Maple and Noi-th - Warburton and Spring

Broadway and Washington

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The Redevelopnzent Plan went on to further state that the types of transportation upgrades necessary to accom~nodate a more intensive development alternative would be faced with "formidable environmental, logistical and land-ownership cl~allenges . . .. that require furher study." The plan did discuss the option of a rebuilt Zinsser Bridge as well as possible pedestrian access points.

The Statement of Findings released by the Village Board in response to the proposed adoption of the Marine Waterfront (MW) districts identified several key intersections in which traffic mitigation were deemed important: River Skeet at Dock Street (sziaaestions to - \ -- analyze capacity, install new safety features such as stop sign andpedestrian overpass); the Railroad Station Plaza (would benefit from increased pedestrian access points and revised . .

pick-up/drop-offareas, etc); Warburton and Main Street (new trafic signal andservice level study); Broadway-Fmagut Parkway-Main Street (widen roads, realizn curbs/retainin,g walls, - - create medians, etc); alld Farragut Parlcway and Ravensdale Road (install new traficpattern, restripe lane approaches).

The maintenance of the approximately 32 miles of village-owned streets falls to the Hastings' Department of Public Works, which is responsible for cleaning and snow, ice and leaf removal operations, and for keeping streets in good repair. Cleaning and snow removal for county and state roads within the village are provided under a portion of a contract. Warburton Avenue and Farragut Avenue are county-owned and Broadway and Farragut Parlcway are owned by the state.

See Section 2.11 of the LWRP report for further discussion ofthe transportation resources in the Village.

4.6 Air Resources

The criteria pollutants for which National Ambient Air Quality Standards (NAAQS) have been established by the EPA are sulfur dioxide (S02), carbon monoxide (CO), nitrogen dioxide (NO2), ozone (03), particulate matter (PM), and lead (Pb). SO* is primarily associated with fossil fuel combustion in stationary sources such as power plants and factories, whereas CO and Pb are generated mainly by motor vehicles. PM and its gaseous precursors are emitted by both stationary sources and motor vehicles. Ozone is not emitted directly to the atmosphere but is produced photochemically by the interaction of NO,, volatile organic compounds (VOCs) and sunligl~t.

The Village of Hastings-on-Hudson is located within the Metropolitan Air Quality Control Region, which includes New York City, and Rockland, Westchester, Nassau and Suffolk Counties. NYSDEC monitors the ambient air quality at many sampling stations tlu.oughout the state, including in Westchester.

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Monitoring data reveal that Oj and PM2.5 are the only measured pollutant that have recently exceeded the NAAQS standard in the monitoring area that includes the Village. The Village, as well as most of the Nol-theast, has been designated by the EPA as a non-attainment area for 0 3 , meaning that the 0 3 standard is being contravened in ambient air samples collected at the monitoring station. New York City and surrounding Counties have also been designated non-attainment areas for the PM2.5 NAAQS.

4.7 Land Use and Zoning

The Village of I-Iastings-on-Hudson grew eastward from the waterfront, with industrial and commercial uses concentrated along the river and the railroad, with residential development - springing LIP nearby. Mauy large estates were built by the wealthy on the hillsides overlooking the Hudson River. Today, Hastings is largely built out, except for remaining large tracts of land belonging to either to the Village, other public entities, or lasge non-profit institutions. Current land use still reflects the historical pattern of settlement, with the waterfront being lined with mostly derelict factory buildings and large institutional land tracts along Broadway. Residential use is the predominant land use within the Village, occupying over 60% of overall land area (industrial and commercial uses combined are under 10%). And the numerous areas zoned for either open space or institutional use that give Hastings its open character comprise just over 30% of the overall land area within the Village. See Section 2.4 of the LWRP report for further discussion of existing land use patterns and zoning in the Village. Also refer to Maps 4 and 5.

The Village has sought to reshape its zoning policies to encourage goals outlined in its Comnzunity Vision Plan and to reflect current trends and needs within the Village. For example, the Village established the Marine Waterfront (MW) zone, with two floating districts (MW-A, MW-B) to encourage the development of attractive, functional, and appropriately scaled uses along the waterfront. The MW-B district seeks to establish a comprehensive frameworl< for developillg the waterfront that encourages sensible developme~~t and economic support for the Village, while also considering the com~nunity needs in terms of public waterfront access and available housing.

The majority of the Village's waterfront (-43 acres) is presently zoned GI (general industrial) and is comprised of underutilized and contaminated land that is virtually covered by deteriorated former industrial buildings. This contaminated land is presently being remediated in several phases as redevelopment plans are created in accordance with Village planning goals. (Refer to Section 4.13 of this DGEIS below for a full discussion on the contaminated land issues on the adjacent waterfvonlparcel.) The Village seeks to re-zone the 43 acres of waterfront area from GI to the floating MW-B district, as amended, and create a large expanse of open space with emphasis on a public recreation waterfront area. The Village spans almost two miles along the Hudson River, but currently has very limited public access to the river.

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The Hastings-on-Hudson waterfront is a part of the New York State Coastal Management Program (NYS CMP), which addresses development and land use policies along New York's waterfront. The Village's coastal area currently contains a number of water-dependent and water-enhanced uses including restaurants, recreational facilities (active and passive), and natural trailways. Water-dependent uses are described in more detail in Section 2.5 of the LWRP report.

on tc w . u the er, in the eastern portion of the Village. In this proposal, the current R-20 (one-fan 100 SF] resideatid zoning district that borders the majority of the eastern shoreline c v Mill River (including NYS DOT right-of-way) will he changed to PR (Public 1 reation and Play~round). This area extends fmm the W P D D dis@i~t in the. north to th (two-family) residmtial district in the south m-14 this pmpa~ed zoning change, th [age willensme the protection of an extensiv . I

d ~fnear-waterhabitat by minimizing . . . . . nsed

4.8 Human Resources

Demographic data presented in a previous DEIS prepared in 1989 for a waterfront development proposal (Parish & Weiner, Inc., 1989) indicated that Village-wide population decreases which occurred through the 1970s and 1980s would likely continue. Population had apparently peaked in 1970 at 9,479 persons, while there were a total of 3,129 housing units. According to the 2000 US Census Bureau, the Village's population was 7,715 and there were reportedly a total of 3,193 housing units.

The decrease in population is consistent with projections established by the Westchester County Planning Department and follows a continuing trend in southern and central Westchester. This trend is based on the lack of readily available development sites in the central and southern parts of the County, causing and increasing number of people to move northward. The previous EIS also noted that the Village appears to be losing the younger segment of its population. The proposed waterfront redevelopment strategies promoted by the LWRP would encourage people to settle in the Village by creating an array of new housing, recreational and employment resources.

.9 Recreational Facilities and Community Services

The Village's coastal area provides for a variety of recreational activities such as boating, - - fishing, swimming, sunbathing, nature study, waking, and picnicking. These activities are an important element in the desirability of the Village as a place to live. Certain areas have been set aside and facilities have been created withiithe village to enhance the enjoyment of these resources. A comprehensive inventory of existing recreational areas and facilities is contained in Section 2.9 of the LWRP report.

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Colnmunity services within the Village of Hastings-on-Hudson are provided by a variety of organizations and institutions. Police protection is provided by a professional, full-time Village force. A trained volunteer department provides fire and ambulance protection. The Village is served by the Hastings-on-Hudson School District.

4.10 Utilities

Electric and gas power to the Village are provided by Con Edison. The area is served by public water provided by the United Water of New Rochelle Company. Solid waste generated within the Village is collected by the Village's Department of Public Works. Sanitary waste generated in the Village is collected through the County sewer system.

4.1 1 Scenic Resources

The visual characteristics of the Village's coastal area are significant resources that play a vital part in attracting residents and visitors to the waterfront. The entire waterfront of Hastings-on-Hudson is characterized by especially pleasing views of the Hudson River and the Palisades. Most of the village is built on steep slopes that rise from the riverbank. Much of the Village's waterfront is covered by deteriorating factoiy buildings or barren space that formerly housed such buildings prior to their demolition. The steep slopes of the area still allow Tor scenic views in the upland areas ofthe Village. Under current remediation plans, many of the deteriorated buildi~lgs are being removed I?om the ARC0 site. Others have been

# i targeted for possible restoration.

See Section 2.7 of the LWRP report Tor further discussion of the Village's coastal area's scenic/visual resources.

4.12 Historic and Archaeological Resources

The Hastings waterfront area has played an important role in the life of the community. A number of important historical resources are present in this area. Three properties are listed on the National Register of Historic Places, and one of them has been designated a National Historic Site. The Old Croton Aqueduct, which passes through the Village, is also on the National Register, and its trail has been listed and renamed the Old Croton Aqueduct State I-Iistoric Park. There are also numerous buildings and sites of historic interest.

See Section 2.8 of the LWRP report for further discussion of the Village's coastal area's historic and archaeological resources.

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4.13 Contamination on the Waterfront

For more than 150 years, the FIudson riverfront has had a vital role in as an economic center for the Village. However, for more than a generation, the once industrious riverfront has been underutilized. Most operations were pernlanently closed due to contamination and building safety concerns. The Village waterfront includes several NY State-designated inactive hazardous waste disposal sites. Two large riverfront parcels are at the center of a large-scale remediation effort: the ARCO site (formerly Anaconda Wire and Cable Colnpany and later Harbor at Hastings) and the Tappan Terminal (Mobil Oil / Uhlich Color) site.

These two sites are summarized below, and are fully described in § 2.13 ofthe LWRP report.

ARCO Site The Anaconda Wire and Cable Company produced copper cable at this 28-acre riverfront plant from 1929 to 1975, largely fireproofcable for tile US. Navy in World War IT, and then electrical and television cable components in the post-war boom years. The manufacturing process used materials containing PCBs and left PCB contamination at the site that now must be re~nediated. In addition, wire and cable manufacturing processes also left several other "hot spots" with elevated levels of metals such as lead, and these also require remediation. The Atlantic Richfield Co. (ARCO) acquired the global assets of Anaconda Wire and Cable in 1977, sold the land to a developer, and then re-acquired the land in order to conduct environmental investigations and cleanup. In 2003, ARCO entered into a consent decree with the Village of Hastings-on-Hudson and Hudson Riverlceeper Fund, Inc. in which it has committed to remediating the site and working with local officials to restore it to productive re-use for the community. A detailed remediation plan has been subnlitted to the State, which details several key components:

Over the majority of the site (-28 acres), ARCO will remove soils containing PCB concentrations greater than 10 ppm. It also will remove soils in areas identified as lead hot spots.

0 In an area of about 1.4 acres luxown as the northwest corner and shoreline area, ARCO will remove soils with PCB concentrations greater than 10 ppm to depths of nine to12 feet and then use a slur~y wall, bulkhead and cap system to contain any remaining PCBs in place.

ARCO will complete a new bullhead of steel sheet pile along most of its property on the waterfront.

= ARCO will place a contact barrier and cover the entire site with a 5-foot cap consisting of a six-inch layer of low permeability asphalt, cement or geo-synthetics followed by a 4-foot layer of clean fill and a six-inch layer of topsoil. These activities will raise the site above the floodplain.

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ARCO has also been involved with an on-going engineering study of numerous buildings that remain on the property. There have been several identified as unsalvageable, and these have been targeted for demolition. Other buildings found to be structurally sound may be incorporated into the redevelopment plans as the engineering study is completed. The Village envisions the area being eventually re-developed into a mix-use area, with a large park area, a waterfront esplanade, new roads and infrastructure. These redevelopment goals are discussed in greater detail in § 4 of the LWRP report. As of March 2005, the NYS DEC signed an Administrative Order of Consent (AOC) for the larger ARCO site, clearing the way for remedial work to begin at the property.

Exxon-Mobil Oil Company - Uhlich Color Company The NYS DEC refers to these two parcels as the Tappan Terminal Inactive Hazardous Waste Disposal Site, as the site consists of two parcels, which had originally been under one owner - Zinsser and Co., which manufactured dyes, pigments and photographic processing chen~icals. Harshaw Chemical Co acquired the property in 1955 and continued manufacturing chemicals there until 1961. Between 1961 and 1985, the western portion of the site housed a petroleum distribution facility known as the Tappan Tanker Terminal and operated by Exxon-Mobil Oil. Following the closure in 1985, bulk storage tank violations and oil spills were discovered. Mobil Oil conducted sampling and the removal of contaminated soil under the State DEC's Oil Spill Response Program.

Based on previous sampling and analysis, the NYS DEC has stated that it knows there is soil and groundwater contamination from chlorobeiuene, ether, benzene, and other contaminants. Prior lcnown incidents that have resulted in the release of contaminants include:

Oil spills and subsequent clean-ups; Pigment releases and possible historic dye releases; and Storage of hazardous waste in tanks on the site.

In December 2005, the DEC issued a Proposed Remedial Action Plan (PRAP) for the site. Elements of the PRAP include: (i) use of air sparging and soil vapor extraction to remove chlorobenzene and other volatile organic compounds from the groundwater and soils: (ii) limited excavation of contaminated soil "hot spots"; (iii) a horizontal plastic snow fence or equivalent placed over the entire site as a warning device; and (iv) two feet of soil over the snow fence.

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5.0 POTENTIAL ENVIRONMENTAL IMPACTS

The Village of I-Tastings-on-Hudson's LWRP is a conlprehensive planning doc~rment for the entire Village. Unlike a comprehensive plan, however, the focus of an LWRP are the coastal policies, rather than designated land uses outside the waterfront area. The main intent of the LWRP is to integrate existing laws, regulations, and procedural actions into a single document, amending these requirements where necessary, so that due consideration is given to all issues of environmental concern prior to undertalting any action in the coastal zone. In this way, the LWRP will have an overall beneficial impact on the environment by ensuring that each project within the Village's coastal area is consistent with the Village's long-range coastal management goals, including the preservation of impoflant environmental features and community character.

5.1 Soils and Topography

Implementation of the LWRP will serve to protect soils within the Village through general policies that serve to minimize the loss of life, structures and natural resources from flooding and erosion (Policy 7). The LWRP has also proposed the adoption of an Erosion and Sediment Control Local Law, with apossible amendment to the Zoning Code to conform to the goals and programs of the Village's Storm Water Management Program (see J 4.3.B).

5.2 Groundwater Resources

Implementation of the LWRP will provide a benefit to groundwater resources within the Village's coastal area, through several general policies for the protection of groundwater (Policies 1, 5, 6, 10). Also, as the LWRP recommends continued and additional redevelopment and restoration activities throughout the Village, existing contamination will eventually be replaced by improved conditions and uses. It is essential that DEC require that all soils at the 43-acre waterfront (the Harbor at EIastings and Tappan Terminal Sites) be remediated to allow for residential, recreational, and similar uses.

5.3 Surface Water Resources

Implementation of the LWRP will benefit surface water resources within the Village's coastal area. This will he largely done tluough the goals outlined under Policy 6 for protecting and improving water resources. These goals include:

recommended development of a plan to mitigate the water quality impacts to coastal waters caused by stonnwater runoff from adjacent upland areas of the Village; and

prevention of direct and indirect discharges to waters that would degrade water quality standards.

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The LWRP also recommends that the Village examine the feasibility of restoring several parcels of land as well as surface water resources that would ultimately serve to further protect the area's ponds, wetlands and other significant habitats (e.g., Kinnally Cove and Sugar Pond). On going contamination of the Hndson River from the ARC0 and Tappan Terminal sites is being addressed by DEC. As site conditions allow, the redeveloped waterfront area should provide adequate stormwater storage, so as to provide "first flush" treatment to runoff generated on-site, prior to discharge to the I-Iudson River. (If this is not feasible due to natural constraints, then other suitable means of treatment should be provided.)

Implementation ofthe LWRP will have a beneficial effect on ecological resources within the Village's coastal area. These benefits include the preservation of tidal wetlands and important habitat areas through Policies 4, 5 tlvough 10, and a possible amendment of the Village Code to establish more stringent guidelines, especially for development sites. The proposed rezoning and redevelopment of the -43-acres of waterfront property may be beneficial to the ecology of the area by allowing for a variety of restoration projects that would enhance the slzoreline habitats. According to 5 3 of the LWRP, the redevelopment of the waterfi.ont will be designed so as to avoid adverse environmental impacts to the existing community or the environment. New development on the waterfront shall include or be preceded by an appropriate program of environmental restoration, to mitigate contamination illat has resulted from past and ongoing industrial activities. All site improvements should be located and constructed in a manner that minimizes future damages caused by flooding and erosion.

Section 4.13 of this DGEIS fully details the existing contamination issues faced at the key waterfront parcels in the Village.

It is also recommended that studies be conducted to review the extent of contaminants in local fisheries resources; to identify locations for tidal wetland restoration; and to identify additional locally significant habitats. The LWRP also promotes more stringent guidelines for site improvements and construction activities in order to mitigate surface water quality conditions. As site conditions allow, the redeveloped waterfront should provide adequate storinwater storage (or equivalent protection), so as to provide "first flush" treatment to runoff generated on-site, prior to discharge to the Hudson River. All of these recommendations are for the purpose of better protecting the ecological resources in the Village.

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