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Response to Comments 3.1. INTRODUCTION 3.2. PROJECT

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Response to Comments 3.1. INTRODUCTION 3.2. PROJECT Chapter 3: Response to Comments 3.1. INTRODUCTION This Final Environmental Impact Statement (FEIS) addresses comments that were made on the Draft EIS (DEIS), either verbally at the Public Hearings held on June 4, 2018; July 2, 2018; August 6, 2018; October 1, 2018; December 3, 2019; February 4, 2019; March 4, 2019; April 1, 2019; and May 6, 2019, or provided in writing between May 8, 2018 and June 5, 2019. This includes all comments made by the public or their representatives, the City of White Plains (the “City”) Common Council (the “Lead Agency”), and Interested and Involved Agencies. This chapter provides responses to the substantive verbal and written comments submitted on the DEIS. Full transcripts of the public testimony and complete correspondence from which these comments are drawn can be found in Volume 3. The correspondence has been annotated with the Comment and Response number in which the substantive comments are addressed. For ease of reading, similar individual comments, in terms of subject or technical points, by multiple commenters or by the same commenter, were grouped together and summarized in a single comment. The individual comments appear below the summarized comment, together with an attribution to the correspondence in which the comment was made. Comments were received that generally expressed support or opposition to the Proposed Project, but that did not substantively comment on the DEIS. These comments are not included in this chapter. Comments were received regarding the State Environmental Quality Review Act (SEQRA) process, such as the duration and extent of the public hearings. These comments are similarly not included in this FEIS. Finally, duplicative comments from the same commenter were received. These duplicate pieces of correspondence are noted and responded to in their first instance. 3.2. PROJECT DESCRIPTION 3.2.1. PROJECT SITE Comment 1: A comment was received disputing the conclusion made in the DEIS that the Project Site is not considered “environmentally sensitive” pursuant to the City’s zoning code. (Fairstein 092) Environmentally Sensitive Site – The easternmost portion of the GCHD property contains a slope sufficiently steep that one of the Applicant’s presenters during the informational session held at Pace Law School on January 24, 2017, characterized it as a “pretty dramatic slope” and acknowledged that it is an environmentally sensitive site. The slope is sufficiently dramatic that a four-level garage was at that time contemplated for the rear of the proposed high-rise buildings, to make use of the dramatic slope. The DEIS does not sufficiently address White Plains City Code, Title III, Section 3-5-2-(f) DRAFT 3-1 09/18/2020 52 North Broadway Redevelopment and any other applicable subsection. Section 3-5-2 embodies the City’s determination that “steep slope areas” are “environmentally sensitive sites and features when present on or within stated distances of a particular location...The Application has set forth only a conclusory statement as to the inapplicability of Section 3-5-2, and has not addressed all of the relevant Code sections. The Applicant should be required to address, in a supplemental DEIS, all of the requirements of Title III. The Applicant should be required to satisfy the Council that the GCHD Property is NOT an environmentally sensitive site within the meaning of Title III, if that is indeed its current position. Fairstein 092 Response: As summarized in Table 1-2, neither the Project Site nor any of its features are considered to be environmentally sensitive pursuant to §3-5-2 and §3-5-3 of the White Plains City Code. While the Site exhibits steep sloped areas, the combined total of those steep sloped areas (8.8 percent) does not achieve the required threshold criteria of 10 percent to qualify as an Environmentally Sensitive Site, as such term is defined in the White Plains City Code. 3.2.2. ACADEMIC HOUSING Comment 2: Comments were received requesting additional information on the proposed ‘academic housing’ use, including its definition within the zoning, its relationship to the other uses on the Project Site, and its relationship to Pace Law School. (Stucco 010, Davis 018, Johnson 100) “How high is this building going to be? What is the cost to Pace, to the building you’re building them? It is a gift or are they being charged? If they are being charged I am curious to know what the cost is.” Stucco 010 “The relationship as to the Pace ‘academic housing’ needs to be clarified. And why is it not called a dormitory? This is not explained. The Applicant needs to come clean and explain who owns the building, whether a gift is being made.” Davis 018 “There needs to be a clarification as to who will live in the [academic housing] units. Are these for students or are they really housing for professors.” Davis 018 The proposed “academic housing” use should be clearly defined and specified in the text of the zoning amendment. Johnson 100 Response: The Applicant’s preferred alternative, as described in Chapter 1, “Project Description,” does not include an academic housing use and the Applicant’s FEIS Zoning (Appendix A-2) no longer proposes to add ‘academic housing’ as a permitted use. Comment 3: Comments were received disputing the contention in the DEIS that the academic housing included in the DEIS Project was supported by the Pace Law School. In a letter submitted by a resident, the current Dean of the Pace Law School stated that, “It is my opinion that Pace Law is not in need of additional residential space for our students; therefore we do not need the residential housing as proposed in the [DEIS Project].” Comments were also received questioning the feasibility of 09/18/2020 3-2 DRAFT Chapter 3: Response to Comments the DEIS Project if the Pace Law School relocates from its current campus. (Davis 018, Lecuona 061, Allen 081, Krolian 084, Fairstein 092, Anderson 098) “What I do know is that people just don’t give gifts of valuable property without getting something in return. What is the Applicant receiving in consideration [of the new Pace academic building]. Why would the Applicant give away this property to Pace when if it did not it would have more room to spread out its rental units and reduce the mass.” Davis 018 “I would like to have confirmation on some kind of reassurance from Pace University that the project is including college residential units for the students. I would like not to have it as vague. I want to make sure that this is what’s going to happen. Because, if at the end, these units are not going to be for college students but regular residential units, this is totally a completely different project. It will add impact in student enrollment. It will add traffic issues and parking issues. So we need to have a real reassurance of all these things, and I’m pretty sure like more traffic and other things that we have been talking about.” Lecuona 061 “This developer sold you on a plan with a letter from former Pace Dean Yassky, who claimed that Pace would be supportive of this project. Yet, I’ve had several communications with the new Dean of Pace, Dean Anderson. Anderson has said in his letters amongst other things, “Pace remains neutral on the development plan. It is my opinion that Pace is not in need of further space for students, we therefore do not need the residential housing as proposed in the theoretical development plans and then the law school could not and does not support any development that would have detrimental impacts on the environment and health of those on our campus. This theoretical plan is absolutely detrimental to the environment, the campus and the surrounding neighborhood.” Allen 081 “Moreover, we have before us a request for a change in zoning to accommodate this project. Part of that request claims Pace Law School needs dormitory space, academic counseling is what it’s called, for 120 individuals. Yet, I see no present evidence whatsoever to support this claim that Pace needs dormitory space, plus 400 units and two 10 story buildings, which visually you can see, is a massive project and 90 or 95 assisted living apartments also have its patients.” Krolian 084 Academic Housing – The Elisabeth Haub School of Law at Pace University is located on property contiguous with the GCHD Property’s north property line. The Applicant’s proposed “academic housing” is a dormitory intended to house Pace Law students. This structure is one of the three major elements of the Applicant’s concept described as residential. We are not aware that either Pace University or its Law School has expressed an interest in or a need for such a dormitory. There appears to be a reason for Pace’s reticence. Fairstein 092 There is speculation that Pace Law School will be relocated, we assume to another Pace Campus. It seems reasonable to infer that the reason for Pace’s reticence is that it does indeed plan to move its law school or is seriously considering doing so, and does not want to be part of any misrepresentation to the Common Council or to the White Plains community as to its intention to remain sited adjacent to the GCHD Property. If Pace moves its law school, a gaping hole will have been torn into the Applicant’s concept. If this DEIS is approved, and Pace then moves its law school, what will the process be for filling that gaping hole? Fairstein 092 I also wanted to take the opportunity to clarify a point that you had raised regarding a letter of support that the previous dean of the Law School wrote to the developer.
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