Resolution of the Village of Dobbs Ferry Board of Trustees - Opposition to Proposed Rule 2016-13701 - Anchorage of Commercial Vessels

RESOLUTION 19-2016

RESOLUTION OF THE VILLAGE OF DOBBS FERRY BOARD OF TRUSTEES OPPOSITION TO PROPOSED RULE 2016-13701

WHEREAS,     The Coast Guard is considering establishing new anchorage grounds in the Hudson River from Yonkers, NY, to Kingston, NY; and

WHEREAS,     the Coast Guard proposed a rule establishing new anchorage grounds in the Hudson River from Yonkers, NY to Kingston, NY; and

WHEREAS,     the contemplated Yonkers Extension Anchorage Ground would cover 715 acres for up to 16 vessels with a draft of less than 35 feet for long term usage; and

WHEREAS,     the Yonkers anchorage is the largest of the proposed sites effecting Yonkers, the      Village of Hastings and the Village of Dobbs   Ferry; and

WHEREAS,    Scenic Hudson, Riverkeeper, the City of Yonkers and many others have voiced their concern and opposition to the establishing new    anchorage grounds; and

WHEREAS,     Village of Dobbs Ferry Local Waterfront Revitalization Program, passed by the Village of Dobbs Ferry Board of Trustees on August 9, 2005, approved by New York Secretary of State on November 1, 2006 and concurred by the US Office of Ocean and Coastal Resource Management on November 19,2007 includes the Federal Coastal Zone Management Act (CZMA) requirements; and

WHEREAS,      one of the requirements of the CZMA mandates that each Federal agency activity within or outside the coastal zone that affects any; and or water use or natural resource of the coastal zone shall be carried out in a manner which is consistent, to the maximum extent as practicable, with the enforceable policies of approved LWRP’s Procedures for LWRP consistency review and determination of direct actions and permit/license actions of federal agencies are coordinated by the New York Department of State (DOS); and

WHEREAS,    all documentation from federal agencies regarding consistency determination of a federal action will be received and forwarded by the DOS and the municipality for review and recommendation regarding consistency will be received and forwarded by the DOS to the local municipality; and

WHEREAS,    the only notification that has been made by the Coast Guard is through the publication in the Federal Register allowing a 35 day comment period; and

WHEREAS,     the Village of Dobbs Ferry, DOS and all other municipalities affected from Yonkers to Kingston have not be not been individually notified; and

WHEREAS,     views of the Hudson will be disturbed for the City of Yonkers, the Village of Hastings and the Village of Dobbs Ferry; and

WHEREAS,     the proposed anchorage site abuts the main shipping channel of the river, which will increase congestion and may lead to collisions; and

WHEREAS,     recreational boaters will be required be required to navigate either in the main channel used by large commercial vessels or bypass the anchorage to the west in shallow waters; and

WHEREAS,     large anchoring equipment used by commercial vessels disturbs bottom sediments and can damage wildlife habitats, including those of endangered species residing in the river; and

WHERAS,       the value of property in the Village of Dobbs Ferry, as with other river municipalities, relates directly to the views of the Hudson River; and

WHEREAS,     the Village of Dobbs Ferry in conjunction with the County of Westchester and residents of Dobbs Ferry have rebuilt an underutilized waterfront park to what is now a vibrant, active  and beautiful location for jazz festivals, July 4th celebrations, picnics and various active and passive recreational activities; and

WHEREAS,     the anchoring of unmanned, unlit barges potentially carrying large amounts of fuel is a health, safety and welfare concern with the possibilities of spillage, home land security issues and aesthetic concerns; and

WHEREAS,     the Village of Dobbs Ferry lacks the marine resources to adequately patrol and protect our waterfront from the additional threats to our health, safety and welfare caused by these new anchorage grounds; and

WHEREAS,     the foregoing impacts of the new anchorage grounds have not been adequately studied; indeed, not all impacts have been identified; now therefore be it

RESOLVED that the Board of Trustees of the Village of Dobbs Ferry notes that proposed rule 2016-13701 was not promulgated in accordance with proper Federal, State and Local regulations and is therefore should be considered null and void; and

BE IT FURTHER RESOLVED that the Board of Trustees of the Village of Dobbs Ferry does hereby register its strongest possible opposition to proposed rule USCG 2016-13701 and urge its disapproval; and

BE IT FURTHER RESOLVED that the Board of Trustees of the Village of Dobbs Ferry urge residents to voice their concerns on the proposed new anchorage locations identified as USCG-2016-0132 at http://www.regulations.gov  by September 7, 2016; and

BE IT FURTHER RESOLVED that this resolution be distributed to Senator Charles Schumer, Senator Kirsten Gillibrand, Congresswoman Nita Lowey, Congressman Eliot Engel, Governor Cuomo, Secretary of State  Rossana Rosado, Senator Andrea Stewart–Cousins, Assemblyman Thomas Abinanti.