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Village of Dobbs Ferry LWRP

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Village of Dobbs Ferry Local Waterfront Revitalization Program Adopted: Board of Trustees, August 9, 2005 Approved: New York State Secretary of State Christopher L. Jacobs, November 1, 2006 Concurred: U.S Office of Ocean and Coastal Resource Management, November 19, 2007 This Local Waterfront Revitalization Program (LWRP) has been adopted and approved in accordance with provisions of the Waterfront Revitalization of Coastal Areas and Inland Waterways Act (Executive Law, Article 42) and its implementing regulations (6 NYCRR 601). Federal concurrence on the incorporation of this Local Waterfront Revitalization Program into the New York State Coastal Management Program as a routine program change has been obtained in accordance with provisions of the U.S. Coastal Zone Management Act of 1972 (P.L.92-583), as amended, and its implementing regulations (15 CFR 923). The preparation of this program was financially aided by a federal grant from the U.S. Department of Commerce, National Oceanic and Atmospheric Administration, Office of Ocean and Coastal Resource Management, under the Coastal Zone Management Act of 1972, as amended, Federal Grant No. NA-82-AA-D-CZ068. The New York State Coastal Management Program and the preparation of Local Waterfront Revitalization Programs are administered by the New York State Department of State, Division of Coastal Resources, One Commerce Plaza, 99 Washington Avenue, Albany, New York 12231. VILLAGE OF DOBBS FERRY 112 Main Street Dobbs Ferry, New York 10522 , (914) 693-2203 • FAX (914) 693-3470 Village ofDobbs Feny Resolution ofthe Village ofDobbs Ferry Board ofTrustees Adoption ofthe D~bbs Ferry Local Waterfront Revitalization Program Trustee Liffiander offered the following resolution, seconded by Trustee Bova, which was unanimously adopted 6 - 0: WHEREAS, the Village of Dobbs Ferry initiated preparation of a Local Waterfront Revitalization Program in cooperation with the New York State Department ofState, pursuant to Article 42 ofthe Executive Law; and WHEREAS, a Draft Local Waterfront Revitalization Program and the related local consistency law and waterfront zoning were prepared under the guidance of the Village Board of Trustees, the Village Planning Board and the LWRP Steering Committee; and WHEREAS, the Draft Local Waterfront Revitalization Program received a negative declaration under SEQRA as required by Part 617 ofthe implementing regulations for Article 8 ofthe NYS Environmental Conservation Law; and WHEREAS, the Draft Local Waterfront Revitalization Program was submitted for a 60-day review to over 80 agencies throughout the New York State; and WHEREAS, modifications were made to the Draft Local Waterfront Revitalization Program in ,response to comments received from various statewide agencies as a result ofthe 60-day review; and ' WHEREAS, many of the recommendations set forth in the LWRP for improvements to the Downtown and Waterfront areas have already been planned for or implemented, WHEREAS, the Village Board is grateful to the many volunteers who worked on', this comprehensive document; and WHEREAS, in adopting this resolution the Village recognizes that it will be a useful planning document, rather than a law, which will ,guide but not bind future Boards; and WHEREAS, the Village recognizes that many of the recommendations in the plan require funding that is not currently available from local taxpayer sources but the Board is optimistic that funding can be found from other sources; and WHEREAS, the Village recognizes that decisions that require funding, such as the establishment ofvarious new positions, will be made by the Board ofTrustees after consideration ofthe needs and resources ofthe community; NOW, THEREFORE, BE IT RESOLYED, by the Village Board of Trustees of the Village of Dobbs Ferry, New York that the Dobbs Ferry Local Waterfront Revitalization Program is hereby approved and adopted. BE IT FURTHER RESOLVED, that the Village Board ofTrustees ofthe Village ofDobbs Ferry hereby directs the Mayor of the Village to formally transmit this resolution, the adopted LWRP, and all related local implementing laws, to the New York State Secretary of State for approval pursuant to Article 42 of the NYS Executive Law - the Waterfront Revitalization of Coastal Areas and Inland Waterways Act. Resolution passed at a regular meeting ofthe Dobbs Ferry Village Board on August 9,2005. ~/~~ !l-p September 1, 2005 Brian Monahan, Mayor Date Village ofDobbs Ferry, New York STATE OF NEW YORK DEPARTMENT OF STATE 41 STATE STREET ALBANY I NY 12231-0001 George E. Pataki Christopher L. Jacobs Governor Secretary 01 Stata November I, 2006 Honorable Joseph Bova Mayor Village of Dobbs Ferry 112 Main Street Dobbs Ferry, NY 10522 Dear Mayor Bova: I am pleased to inform you that I have approved the Village ofDobbs Ferry Local Waterfront Revitalization Program (LWRP), pursuant to the Waterfront Revitalization of Coastal Areas and Inland Waterways Act. Everyone who participated in the preparation of this program is to be commended for developing a comprehensive management program that promotes the balanced preservation, enhancement, and utilization ofthe Village's valuable waterfront resources. I am notifying State agencies that I have approved your LWRP and am advising them that their activities must be undertaken in a manner consistent, to the maximum extent practicable, with the program. I look forward to working with you as you endeavor to revitalize and protect your waterfront. If you have any questions, please contact George R. Stafford, Director of our Division of Coastal Resources at 518-474-6000. Sincerely, Christopher L. Jacobs Secretary of State CLJ:lt\gn WWW.DOS.STATE.NY.US • E-MAIL: [email protected] UNITED STATES DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration NATIONAL OCE.A,N SERVICE OFFICE OF OCEAN AND COASTAL RESOURCE MANAGEMENT Siiver Spring. Maryland 20910 Mr. George R. Stafford NOV 19 2.007 Director, Division of Coastal Resources New York Department of State 41 State Street Albany, New York 12231 Dear Mr. Stafford: Thank you for the New York Division of Coastal Resources' June 28, 2007 request that the Village of Dobbs Ferry Local Waterfront Revitalization Program (LWRP) be incorporated into the New York Coastal Management Program (CMP).· You requested that the Village ofDobbs Ferry LWRP policies described below be incorporated as routine program changes (RPCs), pursuant to Coastal Zone Management Act (CZMA) regulations at 15 C.F.R. part 923, subpart H, and Office ofOcean and Coastal Resource Management (OCRM) Program Change Guidance (July 1996). OCRM received the request on August 17,2007, but the review period did not start until August 27, 2007. OCRM's decision deadline was extended until November 21,2007. Based on our review of your submission, we concur, with the exceptions described below, that thc incorporation of the Village of Dobbs Ferry LWRP is an RPC and we approve the incorporation ofthe LWRP policies (including the policy standards and policy "explanations") as enforceable policies of the New York CMP. Federal Consistency will apply to the approved policies only after you publish notice of this approval pursuant to 15 C.F.R. § 923.84(b)(4). Please include in the public notice the list ofenforceable policies provided in this letter, and please send a copy ofthe notice to OCRM. CHANGES APPROVED See enclosed list of the changes incorporated into the New York CMP. CHANGES NOT APPROVED OCRM does not approve the incorporation of the second explanation bullet in Policy Standard 13.4, which states that "liquefied natural gas facilities must be safely sited and operated," as an enforceable policy. Any policies regarding such siting are preempted by the Natural Gas Act, as amended by section 311 ofthe Energy Policy Act of2005, under the jurisdiction ofthe Federal Eneq,ry Regulatory Commission. QUALIFICATIONS OCRM is not approving the incorporation of the following enforceable policies because they are not applicable to the Village of Dobbs Ferry LWRiP: 19 NYCRR 600.5 (a)(3), (a)(4), (b)(4), (c), (d)(l), (g)(2), (h)(l), (h)(2), and (i). Additional polici~ found in the NYSCMP and Final ...,,,,~_ . (~!I ~ *Printed on Recycled Paper Environmental Impact Statement that are not applicable include: 6, 29, 40, and 42. As noted in the state's Approval and Findings document, these policies are part of the approved NYSCMP, but are not applicable to the Village of Dobbs Ferry. Policy Standard 8.6 should be applied in a way that ensures reasonable availability of solid and hazardous waste facilities. In future amendments to the LWRP, consideration should be given to how any changes to the LWRP affect the application and impacts of Policy Standard 8.6. OCRM also is concerned that policies of this nature could cumulatively result in inadequate ability to meet the regional and national interests in having sufficient capacity for the disposal of solid and waste. Although there is no basis for determining that a threshold for regional and national interest concerns has been crossed by the Village of Dobbs Ferry LWRP Policy Standard 8.6, New York State will be expected to demonstrate in future evaluations ofthe New York Coastal Program that the cumulative impact of local policies is not affecting the regional and national interests in having adequate solid and hazardous waste disposal facilities. The Village of Dobbs Ferry LWRP policies include an "Applicability to Dobbs Ferry" section that occasionally refers to rules and regulations, codes, standards, BMPs, plans, etc.
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