NOTICE OF EMINENT DOMAIN PROCEDURE LAW (EDPL)
DETERMINATION AND FINDINGS OF PUBLIC HEARING HELD MARCH 15-16, 2016
NEW YORK STATE DEPARTMENT OF TRANSPORTATION
NEW YORK STATE THRUWAY
PROJECT IDENTIFICATION NO. 8TZ1.00
SHARED-USE PATH FACILITIES AND PEDESTRIAN/BICYCLE CONNECTIONS
VILLAGES OF SOUTH NYACK AND TARRYTOWN
ROCKLAND AND WESTCHESTER COUNTIES
In accordance with the Eminent Domain Procedure Law (EDPL), the following is a synopsis of the determination and findings that have been made regarding the proposed project to provide Shared-use Path Facilities and Pedestrian/Bicycle Connections in the Villages of South Nyack and Tarrytown.
These determination and findings have been made in consideration of statements submitted by the public both during and after the public hearing held for this project. This project will proceed toward a letting scheduled for September 20, 2017. Acquisition of the right-of-way required is scheduled to begin September 1, 2016. The basic design of this project has not been changed from that presented at the hearings on March 15 and March 16, 2016, consisting of off-street parking with a comfort station in both Rockland and Westchester Counties with connections to the New NY Bridge Shared-Use Path. The parking and limited facilities will provide increased access to the shared use path for recreational users. Connections in Rockland and Westchester Counties will provide access for local users to the New NY Bridge Shared-Use Path.
As demonstrated in the Environmental Assessment (EA) prepared in accordance with the National Environmental Policy Act (NEPA) and the State Environmental Quality Review Act (SEQRA), the project would not result in any significant adverse environmental impacts. The project would enhance access to the shared-use bicycle and pedestrian path on the Tappan Zee Hudson River Crossing Project (TZHRCP) with the provision of off-street parking and limited ancillary facilities. The project would include several local roadway improvements near Interchange 10 to facilitate efficient traffic circulation and the project would be designed to remain in context with the surrounding areas. The project includes a paved side path adjacent to the existing Raymond G. Esposito Trail in the Village of South Nyack, which would require partial land acquisition of less than one acre from the Village.
Copies of this determination and findings will be forwarded upon written request without cost. Those property owners who may wish to challenge condemnation of their property via judicial review may do so only on the basis of issues, facts, and objections raised at the hearing (§ 202 (C) (2) of Article 2, EDPL).
Each individual assessment record billing owner (“property owner”) or his or her attorney of record whose property may be acquired shall note that, under § 207 (A), a petition to seek judicial review of the condemnor’s determination and findings must be filed within 30 days after the condemnor’s completion of its publication of its determination and findings. Further, the exclusive venue for judicial review of the condemnor’s determination and findings is the appellate division of the supreme court in the judicial department where any part of the property to be condemned is located (§ 207 (B), § 208).
Further information on this project is available upon request during normal working hours. Direct inquiries to:
Daniel D’Angelo, Deputy Chief Engineer
New York State Department of Transportation
50 Wolf Rd, Albany, NY 12232
This Public Notice was paid for by the New York Thruway Authority.