[From the U.S. Government Printing Office, www.gpo.gov]






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                                                                                                JUL 2
                                                       STATE OF NEW YORK
                                                      [DEPARTMENT OF STATE
                   GAIL S. SHAFFER                    ALBANY. N.Y. 1223 1 -0001
                 SECRETARY OF STATE



                                                           JUL. 2 4 1992




                Mr. James Burgess
                Chief
                Coastal Programs Division
                .Office of Ocean and Coastal Resource
                 Management
                National Oceanic and Atmospheric
                 Administration
                1825 Connecticut Avenue NW
                Universal Building South
                Washington, DC 20235

                Dear Mr. Burgess:
                Enclosed are copies of the Village of Tivoli Local Waterfront Revitalization Program (LVW).
                The LWRP has been adopted by the municipality and approved by the New YorkState Secretary
                of State. baddition, your office has concurred on its incorporation into the State's Coastal
                Management Program as a routine program implementation action. Copies of this document are
                also being transmitted to State agencies, as well as selected federal, county, and local agencies.
                Should you have any questions or concerns regarding this document,jeel free to contact either
                myself or Charles McCaffrey of this office at (518) 474-6000.

                                                            Sincerely,



                                                            George R. Stafford
                                                            Director
                                                           Division of Coastal Resource   s
                                                             and Waterfront Revitalization
              GRS:gn
              Enclosure












                                                            Village of Tivoli
                  Local Waterfront Revitalization Program






                                            U.S. DEPARTMENT OF COMMERCE NOAA
							  COASTAL SERVICES CENTER
							  2234 SOUTH HOESON AVENUE
							  CHARLESTON, SC 29405-2413



							PROPERTY OFO CSC LIBRARY	






                                                                                Adopted:
                                    Village of Tivoli Board of Trustees. April 8,1991

                                                                               Approved:
                               NYS Secretary of State.Gail S. Shaffer, April 29, 1991
                                                        
                                                                              Concurred:
              U.S. Office of Ocean and Coastal Resource Manaagement, July 29, 1991
                                                                 
                                                                 
 















                                           STATE OF NEW YORK
                                          DEPARTMENT OF STATE

                                          ALBANY. N.Y. 1223 1 -0001
           GAIL S. SHAFFER
          SECRETARY OF STATE



                                               APR. 2 9 1991






           Honorable Edward A. Neese, Jr.
           Mayor
           Village of Tivoli
           Village Offices
           48-A Broadway
           Tivoli, NY 12583

           Dear Mayor Neese:

           It is with great pleasure that I inform you that, pursuant to the Waterfront
           Revitalization of Coastal Areas and Inland Waterways Act, I have approved the Local
           Waterfront Revitalization Program (LWRP) prepared by the Village of Tivoli. The
           Village is to be commended for its thoughtful and energetic response to opportunities
           presented along its waterfront.

           I will notify State agencies shortly that I have approved the LWRP and will provide
           them with a list of their activities which must be undertaken in a manner consistent
           to the maximum extent practicable with the LWRP.

           Again, I would like to commend the Village of Tivoli for its efforts in developing the
           LWRP and look forward to working with you in the years to come as you endeavor to
           revitalize your waterfront.

                                                  Sincerely,






                                                  Gall S. Shaffer
           GSS:gn






                                               VILLAGE OF TIVOLI
                                                        48A BROADWAY
                                                 nVOLI, NEW YORK 12583                                              Gayle T. Trombly
                                                            Incorporated 1872                                             Village Clerk
                                                           914-757-2021                                           Grace M. Simmons
                                                        'FAX 914-757-5416                                                Deputy Clerk
                                                                                                                       Susan B. Davis
                                                                                                                              Treasurer
                                                                                                                 Edward A. Neese, Jr.
                                                                                                                                Mayor
                                                                                                                4therine A. Warnefeld
                                                                                                                        Deputy Mayor
                                                                                                                  -Marie A. Grunder
             April 19, 1991                                                                                                     Trustee
                                                                                                                     Lorraine C. Reid
             Honorable Gail S. Shaffer                                                                                          Trustee
             Secretary of State                                                                                    Kevin J. Rifenburg
             New York State Department of State                                                                                 Trustee
             162 Washington Avenue
             Albany,,NY             12231-0001

             Dear Secretary Shaffer:

             The Tivoli Village Board of Trustees formally adopted its
           .Final Local Waterfront Revitalization Program (LWRP) on April
             8, 1991. This action was taken after having completed all
             environmental review procedures in accordance with the State
             Environmental Quality Review Act (SEQRA) and having addressed
             review comments received pursuant to Article 42 of the NYS
             Executive Law. Attached is a copy of the resolution passed
             by the      Village Board of Trustees in adopting the LWRP and the
             SEQRA Findings Statement.

             As the Mayor for the Village of Tivoli and on behalf of the
             entire Village, I respectfully request your consideration and
             approval of the Tivoli Local Waterfront Revitalization
             Program pursuant to Article 42 of the NYS Executive Law.

             Sincerely



             ,Edward A. Neese, Jr
             Mayor

             EAN/gtt
             Enclosures
                                            jr@














          Resolution offered by Trustee          REID

              WHEREAS, the Village of Tivoli entered into a contract with the New York State
          Department of State, dated January 1, 1984 for preparation of a Local Waterfront
          Revitalization Program; and

              WHEREAS, a draft Local Waterfront Revitalization Program (DLWRP) was
          prepared under said contract with the guidance of the Village's Waterfront
          Revitalization Program Advisory Committee; and

             .WHEREAS, a Draft Environmental Impact Statement (DEIS) was prepared for the
          Local Waterfront Revitalization Program in accordance with the requirements of Part
          617 of the implementing regulations for Article 8 of the Environmental Conservation
          Law; and

              WHEREAS, a DLWRP and the DEIS were referred to appropriate local, county,
          State, and federal agencies in accordance with State and Federal requirements; and

              WHEREAS, a public hearing was advertised and held by the Mayor and Village
          Board of Trustees on November 14, 1990 to receive and consider comments on both
          the DLWRP, the DEIS, and the proposed LWRP Consistency Law (part of the
          DLWRP);and

              WHEREAS, a Final Environmental Impact Statement (FEIS) was prepared and
          accepted by the Mayor and Village Board of Trustees as complete on March 11, 1991;
          and

              WHEREAS, the Board has reviewed the proposed SEQR Findings Statement
          attached hereto;

              NOW, THEREFORE, BE IT RESOLVED, that the Village Board hereby adopts the
          SEQR Finaings Statement attached hereto and directs the Mayor to- execute the
          Findings Certification thereon; and

              BE IT FURTHER RESOLVED, that the Tivoli Local Waterfront Revitalization
          Program is hereby approved and adopted.
              Resolution passed at a regular meeting of the Tivoli Board of Trustees on April
          8, 1991. The votes were as follows:

          Edward A. Neese, Jr., Mayor       AYE        Katherine Warnefeld AyE
          Marie Gruntler ABSENr                        Lorraine Reid AyE
          Kevin J. Rifenburg ABsEyr












                                             TABLE OF CONTENTS




           Section                              Descriptio                                           Page


           1.             WATERFRONT REVITALIZATION AREA BOUNDARY                                       1-3

           H.             INVENTORY AND ANALYSIS
                          A.     Orientation                                                          11-3
                          B.     Land Use and Development                                             11-4
                          C.     Natural Resources                                                   H-10


           M.             COASTAL POLICIES
                          Local Policies and Appropriate State Policies                              111-3

           IV.            PROPOSED LAND AND WATER USES AND PROPOSED
                          PUBLIC AND PRIVATE PROJECTS
                          A.     Proposed Land and Water Uses                                        IV-3
                          B.     Proposed Public and Private Projects                                IV-4

           V.             TECIINIQUES FOR LOCAL IMPLEMENTATION
                          OF THE PROGRAM
                          A.     Local Laws and Regulations                                           v-3
                          B.     Other Public and Private Actions Necessary
                                 to implem@nt the LWRP                                                V-5
                          C.     Management Structures Necessary to Implement
                                 the LWRP                                                             V-6
                          D.     Financial Resources Available to Implement
                                 the Waterfront Program                                               V-7
                          E.     Review of Proposed State and Federal Actions                         V-7

           V1.            STATE AND FEDERAL ACTIONS AND PROGRAMS LIKELY
                          TO AFFECT IMPLEMENTATION
                          A.     State and Federal Actions and Programs Which
                                 Should be Undertaken in a Manner Consistent
                                 with the LWRP                                                       VI-4
                          B.     Federal and State Programs Necessary to Further
                                 the LWRP                                                            VI-27









              VII.            CONSULTATION WITH OTHER AFFECTED FEDERAL,
                              STATE, REGIONAL, AND LOCAL AGENCIES
                              A.       Local Consultations                                                           VII-3
                              B.       Regional Consultations                                                        VII-3
                              C.       State Agency Consultations                                                    VII-3
                              D.       Federal Consultation                                                          VII-4
                              E.       Review of Draft LWRP                                                          VII-4


              VIII.           OBTAINING LOCAL CONMTMIENT                                                            VIII-3


              APPENDIX A               GUIDELINES FOR LOCAL REVIEW OF PROPOSED STATE AND
                                       FEDERAL ACTIONS



                                                          LIST OF MAPS



              Section                                  Descriptio                                                    Page



              MAP 1                    LOCATION MAP                                                                     1-5
              MAP 2                    EXISTING LAND AND WATER USES                                                    11-5
              MAP 3                    CURRENT ZONING                                                                II-11.
              MAP 4                    VILLAGE SOILS AND SLOPES                                                      11-13
              MAP 5                    HABITAT BOUNDARY MAP - SOUTH TIVOLI BAYS                                      11-17
              MAP 6                    WATERSHED OF STONY CREEK                                                      11-21
              MAP 7                    SCENIC HIGHWAYS                                                               11-29
              MAP 8                    DEVELOPMENT CONSIDERATIONS                                                    11-39
              MAP 9                    TOPOGRAPHY                                                                    11-41
              MAP10                    PROPOSED LAND AND WATER USES                                                  IV-9
              MAP 11                   TIVOLI WATERFRONT REVITALIZATION PLAN                                         IV-11





                                                        LIST OF FIGURES



              CHARTI                   VILLAGE OF TIVOLI SOILS AND SLOPES                                            11-15
              CHARTII                  VILLAGE ROAD SYSTEM                                                           11-38







   v


























                                  SECTION I
   is               WATERFRONT REVITALIZATION BOUNDARY










   0









                  Waterfront Revitalization Area Boundary

                  The Village of Tivoli, Dutchess County, is located between New York State Route 9G
                  on the east and the Hudson River to the west. This one mile square community is
                  surrounded by the Town of Red Hook on its landward side. North Tivoli Bay bounds
                  the Village on its southwest side.   Across the river from Tivoli is the Town of
                  Saugerties, Ulster County.

                  The Waterfront Revitalization Area (WRA) boundary includes the entire Village of Tivoli
                  with Route 9G as the eastern inland boundary in the Town of Red Hook. The WRA
                  extends to the water's edge on its western side because the municipal boundary of Tivoli
                  ends at the Hudson River's eastern shoreline.

                  See Map 1.


































                                                      1-3





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                                                                                                      Vl@LAde- Of T'(VCLI                                      NEW YORK







   0


























                                  SECTION H
   0                       INVENTORY AND ANALYSIS














   0









                    Inven ol:y and Analysis

                    A.      Orientation


                            1.     Community Profile and Overview of Waterfront Area

                                   The Village of Tivoli is located in northwest Dutchess County in the
                                   Town of Red Hook on the eastern bank of the Hudson River. Tivoli is
                                   approximately 40 miles south of Albany and one hundred miles north of
                                   New York City. According to the 1990 Census, 1,035 people reside in
                                   the Village.

                                   The Village's waterfront is approximately one mile long. The orientation
                                   of the community to the waterfront at the present time is limited because
                                   the Conrail railroad tracks lie close to the river, blocking easy access. A
                                   gated and lighted signal crossing over the tracks at the end of Broadway
                                   allows access to the immediate shore. About a dozen houses overlook the
                                   river in this section of the Village. The remainder of the Village is
                                   clustered along North Road, Montgomery Street, Broadway (where the
                                   preceding two roads meet) and Woods Road where the more recent
                                   development has occurred.

                                   Demographic statistics show that 24% of the Village residents are at the
                                   poverty level with 116 of these people over 60 years of age. 77.3% of
                                   the households qualify the Village for U.S. Housing and Urban
                                   Development (HUD) funds (based on HUD standards of a yearly income
                                   of $21,750 per family of four).

                            2.     Historical Development

                                   The one square mile area of the Village is located on land originally
                                   acquired by Colonel Peter Schuyler through purchase from area Indians
                                   and a patent granted him by Governor Thomas Dongan in the latter part
                                   of the seventeenth century. During the next century and early nineteenth
                                   century, the present form of the Village took shape. Three river estates,
                                   then owned by John Reade, Henry Gilbert Livingston, and John Watts
                                   DePeyster were built. These three homes, now Callendar House, the
                                   Pynes, and Rose Hill, limited access to the river and restricted
                                   commercial and residential development along this section of the Hudson.

                                   Formerly called Red Hook Landing, the name "Tivoli" stems from the
                                   attempt by Peter De Labigarre, a Frenchman, to construct a planned
                                   community at the river's edge. This scheme failed and De Labigarre's
                                   property was purchased by Chancellor Livingston at Public Auction in


                                                           11-3








                                      1807. Livingston had a home constructed on the present site of the Pynes
                                      called "Le Chateau de Tivoli" from which the Village name is derived.
                                      For its first one hundred years, Tivoli on the River and Meyersville (later
                                      named Madalin) were two separate villages. In June 1872, the two
                                      hamlets were merged to officially form the present incorporated Village
                                      of Tivoli. The combined populations of the villages reached the highest
                                      level in 1900 of 1,350, thereafter declining to 1,080 in 1915, 761 in 1940,
                                      and 711 in 1980.


                                      The Hudson River was the focal point of commercial development in the
                                      Village. The 18th century sloops docking at the Tivoli Landing, the-ferry
                                      to Saugerties, commercial fishing operations, and the fact that Tivoli was
                                      a steamboat stop provided employment and economic activity which
                                      allowed the Village to prosper. Tivoli also grew with the coming of the
                                      railroad in 1851 and was a half-way point on the Hudson River Railroad.

                                      After the turn of the century, Tivoli like many other rural areas, was
                                      beginning to change.       The railroad no longer stopped at smaller
                                      communities and the river was not the focal point it once had been. With
                                      the automobile as the primary transportation mode after World War II,
                                      economic activity in the center of the Village declined. Later Tivoli lost
                                      its east-west access with the elimination of the ferry link with Saugerties
                                      after the construction of the Kingston-Rhinecliff Bridge. NYS Route 9G
                                      caused the north-south traffic to by-pass the Village commercial area, as
                                      well.


                     B.      Land Use and Developmen

                             1 .      Existin Land and Watgr Uses (Map 2)

                                      a.     Residential


                                             According to the 1990 Census there are 1,035 people residing in
                                             the Village of Tivoli. Most people commute to work in the
                                             Hudson, Kingston and Poughkeepsie areas. There has also been
                                             an increase in apartment rentals because of the close proximity to
                                             Bard College, along Tivoli North Bay in the Town of Red Hook.
                                             Former commercial space and storefronts are now being utilized
                                             as apartments, changing the former commercial center to a
                                             residential neighborhood.

                                             The residential building stock in Tivoli is primarily of early to late
                                             19th century vintage of modest size.         These buildings, both
                                             individually and collectively, maintain their original design


                                                              11-4






                                                                  TIVOLI VJAIERFROMr
                                                                  REV17WZATION PLAN











                                                             k::













             12






                                                                   Cl-A











       EfsriN6 LAND Am> wAnu-, U:r;.-=  VILLA6e OPnVOLI
              RMlDW4TLAL                                     0



              AStRlCUL:rURAl-
              WCOPL-Amps



              WELL LOC.A*noNS,
        soeMAL L.Ak4X@-NA (PRIVA= ES=MCP)
       1. ROSS HILL.
       2. THE PYNES                       EYJSTINCI LAAJD AND WATER tA-SF-
       3. CALLENOM tkY.ASS
                                          VIU-Aeaff OF MV0J.J                 NEW YORK








                                           character and could be considered as a National Historic Register
                                           District in the future.


                                           Most of the residences are clustered around the Village Center,
                                           radiating out on the major thoroughfares.       Another cluster of
                                           homes overlook the riverfront located in the Tivoli landing area.
                                           Residences are scattered in the wooded and agricultural areas of
                                           the Village.

                                           Tivoli has been able to successfully compete in several federal and
                                           State funding programs for senior citizen housing because of a
                                           high level of elderly and low income residents.           The U. S.
                                           Farmer's Home Administration in July 1985 gave the Housing
                                           Development Fund of St. Paul's Episcopal Church in Tivoli a $1
                                           million loan for Provost Park, a 24-unit senior citizens housing
                                           project on Woods Road. It is an attractive colonial style addition
                                           to the Village.

                                           Another major residential subdivision development is Tivoli Acres
                                           I and II, a 50 acre site on Woods Road. Seventy-one houses have
                                           been approved. The same developer has approval for a total of 96
                                           condominiums clustered in six buildings just north of the original
                                           subdivision. These developments will add approximately 400
                                           residents to the current population. Both projects are serviced by
                                           municipal sewer and water.

                                    b.     Commercial


                                           The commercial bustle of Tivoli in the 19th and early 20th
                                           centuries has been replaced by a quiet residential community
                                           today. The recently built fire house, the Post Office, Village
                                           offices and American Legion Hall are all found on Broadway.
                                           The business area along Route 9G has a gas station, and a
                                           delicatessen and is zoned Residential Business to encourage
                                           additional business uses there.


                                           To encourage the revival of the business area, the Village solicited
                                           funds from the U.S. Department of Housing and Urban
                                           Development (HUD) Community Development Block Grant
                                           Program to fund curb and sidewalk restoration. As with many
                                           other communities along the Hudson River, Tivoli experienced a
                                           decline in population during the 1960's, but is experiencing a
                                           regrowth today. Although some storefronts were converted to
                                           apartments in the past, new owners of buildings in the commercial


                                                             11-7









                                             district are rehabilitating buildings for commercial purposes. The
                                             predominantly 19th century architectural style is being preserved
                                             in this restoration movement. The old factory complex has been
                                             refurbished for commercial use on the ground floor and residential
                                             on the upper level. The former Methodist Church and parsonage
                                             have also been adapted for commercial uses. Tivoli retains its
                                             quiet residential character, and this historic Village would qualify,
                                             with its diverse collection of commercial, institutional, industrial
                                             and residential buildings, for nomination on the National Register
                                             for Historic Places.


                                             There is at present no heavy industrial land use in Tivoli, nor is
                                             any section of the Village presently or proposed to be zoned for
                                             such use. The Village only allows light industrial uses by special
                                             permit in certain zones.

                              2.      Deteriorated and Underutilized Areas


                                      The obvious underutilized area in the Village of Tivoli is its business
                                      district. Many old storefronts were converted to other uses such as
                                      apartments or remain vacant, but stores are reappearing as the Village's
                                      population grows. If business demand grows, it is conceivable that the
                                      apartments may be reconverted to stores.

                                      The old firehouse on Broadway will be restored and adapted as a new
                                      Village building. Offices of the Village Clerk, Planning Board and other
                                      agencies will be located there, as well as the Village library.            An
                                      architectural survey and floorplan have been completed. Funds in the
                                      range of $1 million dollars must now be raised before construction can
                                      begin. A matching grant in the amount of $300,000 has been received
                                      from the NYS Office of Parks, Recreation and Historic Preservation.

                                      In order to encourage more consumer traffic on Broadway, the Village has
                                      rebuilt Woods Road and will, through signage, attempt to attract visitors
                                      to Clermont State Park to make Tivoli a part of their trip. An area in the
                                      Village that has deteriorated through the years is the old landing area at
                                      the end of Broadway on the Hudson River. The bulkhead is in need of
                                      repair. The entire strip between the railroad tracks and the river is
                                      essentially vacant and used occasionally for fishing or sightseeing. There
                                      is no central sewerage in the area. Conrail often uses the area for storage
                                      and dumping of construction materials, such as railroad ties, without a
                                      permit from the Village, and locates temporary workers' housing there.




                                                               11-8








                                     The Village is not interested in developing the limited area west of the
                                     tracks for a park because of its proximity to the high speed railroad
                                     tracks. The site has been identified by DEC in their access study as a
                                     potential site for a boat launch. A small scale facility could be located
                                     there. Such a facility would further the goals of public access and is also
                                     recommended in the recent study "Between the Railroad and the River"
                                     (Hudson River Access Forum, Sept., 1989). Consideration must be given
                                     to site distances within the navigational channel for ocean going vessels.
                                     Rocky shoals lie adjacent to the waterfront, as well.

                             3.      Zoning

                                     A community's zoning is its guide for future development. The Existing
                                     Zoning Map (Map # 3) illustrates the development pattern that the Village
                                     encourages. Tivoli allows residences on a minimum of 15,000 square feet
                                     lots (R15) along all existing roads except for the south side of Broadway
                                     from Woods Road west to the river. A restrictive Land Conservation
                                     zone incorporates a 1000 foot strip next to the Hudson River and a 100
                                     foot wide strip adjacent to Stony Creek. This conservation zone promotes
                                     agricultural, recreational, and open space uses and prohibits residential
                                     uses. The R2A and R3A zoning districts allow for residences with a
                                     minimum lot size of 2 and 3 acres, but encourages agricultural land use.
                                     These districts are located generally where few municipal utilities are
                                     available (See Map 8). In November 1988 a RIA district was added to the
                                     Village Zoning Ordinance. This district is located along North Road and
                                     over to Woods Road along the Village's north boundary. A General
                                     Business district (GB) has been established along Broadway where this
                                     street intersects with North Road and Montgomery Street. This district
                                     allows for commercial activity which will not generally interfere with the
                                     adjacent residential areas. The Highway Business district was changed in
                                     1988 to a Residential Business district (RB), which is less restrictive than
                                     the GB district. This zoning change was made to encourage uses that
                                     will not constitute a visual intrusion along scenic Route 9G, as the Mid-
                                     Hudson Scenic District Management Plan recommended (See Map7).

                            4.       Water-Related Uses

                                     Water-dependent uses are those uses which rely on a location in close
                                     proximity to the waterfront. Water-dependent uses in Tivoli are few
                                     because the railroad tracks make public access difficult and land area
                                     directly fronting the river is limited.    Current water-dependent uses
                                     include recreational fishing, wildlife viewing and enjoying the scenic
                                     views of the Kingston-Rhinecliff Bridge, the river and the opposite shore.



                                                             11-9








                                     A water-enhanced use is " a use that has no critical dependence on a
                                     waterfront location, but the profitability of the use and/or the enjoyment
                                     level of the users would be increased if the use were adjacent to, or had
                                     visual access to the waterfront."


                                     As the New York State Department of Environmental Conservation
                                     provides additional buffer along North Tivoli Bay, the opportunity to
                                     provide both water-related and water-enhanced recreation will increase.


                      C.     Natural Resources and Envirommental OyAlity

                              1.     Topography and Soils

                                     The Hudson River and Stony Creek are the dominant natural features in
                                     Tivoli. The Village of Tivoli is located approximately 150 feet above the
                                     Hudson River. Abutting the river are 100 foot high bluffs on which the
                                     houses close to the river are built (Map 9). The floodplain is just wide
                                     enough for the railroad right-of-way, which includes a narrow strip
                                     adjacent to the river, and a dirt road from the landing north on the east
                                     side of the railroad. Stony Creek, which begins in the Towns of Red Hook
                                     and Clermont, flows south through a number of ravines to Tivoli Bay in
                                     the southeast comer of the Village. The bluffs and ravines along the
                                     creek comprise approximately 15% of the Village land mass and have
                                     slopes greater than 15 %, restricting development in these areas. The soils
                                     are a mixture of loams, silt and clay, and are highly erodible.

                                     The remainder of Tivoli is relatively flat. The soil consists of lacustrine
                                     silty loams and clay which average 35-40 feet deep and prevents water
                                     from recharging the more permeable and isolated sand and gravel deposits
                                     sandwiched between the clay and bedrock. This produces soils which are
                                     not well drained and limits the recharge of the ground water supply.

                                     The soil in Tivoli has supported orchards, pastures, pond development and
                                     woodlots. Some of these soils exhibit development limitations in terms of
                                     drainage, septic systems, and groundwater withdrawal. Excessive slopes
                                     also limit development in some areas.       About 25 % of the top soil in
                                     Tivoli is classified as prime agricultural soil. The majority of these areas
                                     are protected by an Agricultural District (See Map 8). The remainder of
                                     the prime agricultural lands are contained within the estate areas not
                                     already in an Agricultural District or have residential development.





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                                                           CHART I
                                                   VELLAGE OF TIVOLI
                                               SOILS AND SLOPE CHART



             MAP SYMBOL              SOIL NAME and DESCRIPTION                      SLOPE

             -CK             Colonie fine sandy loam, hilly & steep                 15-35%

             *CL             Colonie fine sandy loam, level                         0-3%

             *CM             Colone fine sandy loam, rolling hills                  5-15%

             *CX             Cossayuna gravely loam, rolling hills                  5-15%

             -CY             Cossayuna stony silt loam, hilly                       15-30%

             _CZ             Cossayuna stony silt loam, rolling hills               5-15%

             *HP             Hudson silt loam, gentle slope                         2-8%

              HS             Hudson silt loam, rolling hills                        10-15%

              HT             Hudson silt clay loam, rolling hills                   10-15%

             *HV             Hudson silt clay loam, gentle slope                    2-8%

             -HV             Hudson silt clay loam, hilly slope                     15-30%

             -HW             Hudson silt clay loam, steep slope                     30+%

              LA             Livingston silt clay loam                              0-3%

              MB             Madalin silt clay loam                                 0-3%

              RB             Rhinebeck silt loam                                    0-5%


              RC             Rhinebeck silt clay loam                               2-5%

             -SE             Steep ledgy land (Nassau    soil material)             30+%

             Soils with slope in excess of 15%
             *Prime agricultural soils
   0                                                          11-15





                             2.     Fish and Wildlife Resources                                                       is
                                    Stony Creek, the Hudson River and North Tivoli Bay are considered the
                                    important natural areas in the Tivoli area. Stony Creek is vital to the
                                    Village because it is used to supplement the Village water supply.
                                    Additionally, Stony Creek supplies fresh water to the Tivoli Bay area - a
                                    habitat that is ecologically unique and important to many varieties of fish
                                    and wildlife. Tivoli has established a land conservation zone along Stony
                                    Creek and its tributaries for protection. The Hudson River, influenced by
                                    tidal fluctuations, is a unique and complex resource.

                                    a.      Significant Habitats (Map 5)

                                            North Tivoli Bay, as part of the North and South Tivoli Bay
                                            Significant Coastal Fish and Wildlife Habitat, the closest
                                            Significant Fish and Wildlife Habitat, is located south of the
                                            Village with a portion contained within Tivoli's municipal
                                            boundary. Encompassing approximately 1,200 acres on the eastern
                                            shore of the Hudson River, the habitat area includes tidal
                                            freshwater marsh, fresh-tidal swamp, bays, shallows, two streams,
                                            and uplands of hardwood and mixed forest and shallow fields.
                                            This habitat is ecologically unique as the largest freshwater tidal
                                            influenced bay and wetland complex surrounded by undeveloped
                                            land on the Hudson River. It is also one of four components of
                                            the Federally - designated Hudson River Estuarine Sanctuary.

                                            Tivoli Bays are important to a variety of fish species in the
                                            Hudson River as feeding, spawning and nursery areas. Several
                                            commercially important fish species use the bays and the mouths
                                            of Stony Creek and the Saw Kill for spawning and feeding,
                                            including striped bass, alewife and blueback herring. Common
                                            freshwater species using the bays include largemouth bass,
                                            smallmouth bass, white perch and various minnows. Species that
                                            appear to be regionally rare that have been found in the bays
                                            include American brook lamprey, central mudminnow, northern
                                            hogsucker and bridle shiner. The shortnose sturgeon (endangered)
                                            may feed in the tidal channels and river shallows, but this has not
                                            been confirmed. An extremely large population of snapping turtles
                                            exists in North Tivoli Bay.

                                            Tivoli Bay supports breeding populations of least bittem (species
                                            of special concern) American bittern, Virginia rail, marsh wren
                                            (formerly long-billed marsh wren), and in some years, sora,



                                                            11-16










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                                           common moorhen (formerly common gallinule), and occasionally
                                           king rail.

                                           Many species of waterfowl use the area during the spring and fall
                                           migration periods for resting and feeding, including both dabbling
                                           ducks in the marshes, and diving ducks in the river shallows. The
                                           osprey (threatened species) was reportedly nesting in the area in
                                           the late 1950's, and is regularly seen here during migration. The
                                           Museum of the Hudson Highlands has constructed two
                                           experimental nest platforms for osprey in this area. The bald eagle
                                           (endangered) is an occasional visitor. Spotted turtle (species of
                                           special concern) wood turtle (species of special concern) and map
                                           turtle are also found in the area.


                                           Several rare plant species occur in the Tivoli Bays wetland
                                           complex. These include the heartleaf plaintain (proposed for
                                           Federal endangered status), golden club, ovate spikerush, Parker's
                                           pipewort, Eaton's bur-marigold, estuary beggar-ticks, swamp
                                           lousewort and a rare species of panic grass.

                                           Waterfowl hunting and muskrat trapping have been traditional
                                           outdoor recreational activities at Tivoli Bays for years. Fishing for
                                           striped bass and large and smallmouth bass in the bay area is
                                           enjoyed by the local populace. Birdwatchers from throughout the
                                           Hudson Valley region visit this area.           These activities in
                                           combination with nature study produce an estimated 6,600 days of
                                           wildlife related recreational use each year. In addition, scientific
                                           research conducted on estuarine ecology at Tivoli Bays is of
                                           statewide significance.

                                           Under New York State Department of Environmental Conservation
                                           (DEC) management, it is anticipated that proposed access
                                           improvements and trail development will increase appropriate
                                           recreational use in the area. Ongoing ecological research at Tivoli
                                           Bays (Bard College Field Station and Experimental Ecological
                                           Reserve) has attracted scientists and students from throughout the
                                           State and its designation as part of the Hudson River Estuarine
                                           Sanctuary will focus additional research and education activities in
                                           the Hudson Valley on this area.

                                           The Hudson River is quite deep on the east side of the river, and
                                           the shipping channel is close to the Tivoli shore. This deep
                                           section of the river is a wintering habitat for the shortnose
                                           sturgeon, an endangered species.          North of Tivoli is the


                                                            11-19









                                             Germantown - Clermont Flats Significant Coastal Fish and
                                             Wildlife Habitat located on the eastern half of the Hudson River,
                                             extending from the Village of Saugerties north to the hamlet of
                                             North Germantown.        The Esopus Estuary Coastal Fish and
                                             Wildlife Habitat is just east of the Village of Saugerties. Although
                                             these habitats are not directly adjacent to the Village of Tivoli,
                                             they are nonetheless important since all of the habitats in the area
                                             are dependent to some extent on the health of other similar
                                             adjacent systems.

                             3.      Wetlands


                                     There are no upland wetlands in the Village. East of the Village in the
                                     Town of Red Hook are two large DEC designated wetlands, # SG-2 and
                                     # SG-4, which are in the recharge area of the wells used for the Village
                                     drinking water supply.

                             4.      Water Quality

                                     The Village of Tivoli is concerned about three areas of water quality -
                                     groundwater, Stony Creek and the Hudson River. The Village has
                                     historically depended on groundwater resources for public water
                                     consumption. The quality, as well as the quantity, of the groundwater has
                                     been an ongoing municipal problem.          The chemical quality of the
                                     groundwater in the Tivoli area is generally fair, although excessive iron,
                                     sulphur, turbidity, and hardness have been reported in several areas.
                                     Favorable zones have been located where sulphur and iron problems are
                                     at a minimum. The hardness of water in Tivoli is a natural phenomenon
                                     that cannot be avoided, only treated. The need for water treatment is
                                     supported by water analyses which show a similarity in hardness between
                                     surface waters and the existing well water supplies. It is likely that the
                                     Village will have to continue to deal with the hardness of the municipal
                                     water supply.

                                     This lack of sufficient groundwater resources to meet present needs has
                                     led the Village to look at Stony Creek and the Hudson River as potential
                                     surface water resources. A $500,000 filtration plant capable of delivering
                                     72,000 gallons per day has been built on Stony Creek. The Stony Creek,
                                     also known as the White Clay Kill outside of the Village in the Town of
                                     Red Hook, drains a watershed of 22.2 square miles in the towns of Red
                                     Hook and Clermont (see Map #6). It also is the primary source of upland
                                     drainage into North Tivoli Bay.




                                                             11-20





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                                   The water quality classification for Stony Creek is "D". DEC Region 3
                                   Fisheries Unit is presently proposing that the stream segment upstream 3.9
                                   miles from the mouth to Tributary 6 be upgraded from D to C(T). DEC
                                   also asserts that the (T) standard, which indicates that the waterbody is
                                   suitable for trout, should be included in any future proposal to change the
                                   classification of this stream.


                                   In 1987, the chief of the Groundwater Quality Management Section of the
                                   DEC reconfirmed the Department's intention to upgrade a portion of
                                   Stony Creek to Class "A" upstream from Tivoli's water supply intake
                                   point. This was in response to Tivoli's application for reclassification of
                                   Stony Creek to "AA" submitted in July 1986.             The State Health
                                   Department supports the recommendation to upgrade the classification of
                                   Stony Creek to "A".

                                   The Hudson River, as it flows past Tivoli, is classified "A" suitable for
                                   all uses including a public water supply. As a supplement to the Village
                                   water supply, however, the cost of pumping water from the Hudson up
                                   3001 to the height of the water tower is prohibitive. Stony Creek should
                                   be protected for its water supply and drainage attributes. However, Stony
                                   Creek is a limited resource, and is not a year-round constant source of
                                   water. It is likely that future significant growth can only be satisfied by
                                   additional water supply from other sources, such as an intake from the
                                   Hudson River.

                                   Recognizing that other communities along the Hudson River may look
                                   seriously toward the River for additional water supply needs, the Village
                                   of Tivoli would support the concept of (and participation with) a regional
                                   planning entity that would research the feasibilities of, and cumulative
                                   impacts associated with, possible regionalization of water supply needs
                                   from the Hudson River.


                    D.     Agriculture

                           With the completion of the Erie Canal in 1825, the transportation of upstate grain
                           crops down the Hudson River to New York City increased. Tivoli benefitted
                           greatly from this river traffic, which had the effect of changing the major
                           agricultural activity of the area from grain production to orcharding and
                           eventually to dairying. The railroad link from New York City to Tivoli in 1851
                           increased employment and industrial development, allowing dairy products to be
                           transported quickly. The Hudson Valley continued into the early 20th century to
                           be the ma or milk supplier for New York City and the surrounding region.




                                                           11-23








                              While agricultural use of land in Tivoli is not extensive at this time, a good
                              potential for agricultural development exists because of the suitability of the soil.
                              Agricultural land in the Village is separated into three parcels (see Map # 8).
                              The agricultural land within the Village is greater than 25% land of Statewide
                              Significance but less than 25% prime farmland. A portion of Dutchess County
                              Agricultural District Number 20 is within the Village of Tivoli's Waterfront
                              Revitalization Area.


                      E.      Historic Resources

                              On March 7, 1979, the Secretary of the Interior approved for inclusion in the
                              National Register of Historic Places sixteen miles of riverfront estates extending
                              from the Columbia County line south through the Village of Tivoli and the Towns
                              of Red Hook and Rhinebeck and ending in the hamlet of Staatsburg in the Town
                              of Hyde Park. Dominated by thirty-six historic country estates, the Sixteen Mile
                              District is one of the largest in the nation to have received such recognition. This
                              National Register District was further enhanced in May 1979 when a contiguous
                              area, which extends two miles north from Clermont State Historic Park, was
                              approved for inclusion on the National Register. This National Register District,
                              composed of eight individual estates, is known as the Clermont Estates National
                              Register District.

                              The three estates in Tivoli: Rosehill, Callendar House, and the Pynes contain
                              most of the actual acreage of Tivoli's section of the Sixteen Mile National
                              Register District (see Map #7). In addition to the main houses, these estates have
                              numerous outbuildings which include boathouses, tenant houses, barn complexes,
                              gate houses, ice houses and stables. A substantial amount of property is used for
                              various agricultural activities. Designed landscapes lead to and surround the
                              mansions. The Sixteen Mile National Register District also includes all the
                              buildings around the old Hudson River Landing on Friendship Street and lower
                              Dock Road and St. Paul's Church on Woods Road.

                              Because of its relative geographic isolation, the entire Village of Tivoli has
                              changed little through the years.      The lack of modernization, of industrial
                              development, of suburban subdivisions (until recently), and shopping centers has
                              created a small but comfortable rural community. Tivoli's commercial buildings,
                              its old churches, the modest wood frame houses, institutional buildings and old
                              factory building together exemplify a 19th century Hudson River community that
                              has remained intact except for the great elm trees that once lined the community's
                              streets.

                              Approximately one third of the Village's land area is listed on the National
                              Register of Historic Places. The rest of Tivoli contains historic structures that
                              merit inclusion on the National Register for Historic Places. Hudson River
                                                              11-24                                                        is








                            Heritage (HRH) has surveyed these structures to determine their eligibility for
                            listing. A nomination should be made to the National and State Registers using
                            the HRH data. The Old Firehouse already has been listed as a historic structure
                            on the State and National Registers. The Village is part of the Dutchess County
                            Historic Trail.


                            The NYS Office of Parks, Recreation, and Historic Preservation has identified the
                            Tivoli area as sensitive for the presence of archeological sites, representing
                            settlement patterns important to our understanding of the State's prehistory and
                            history. Any ground-modifying construction should be preceded by archeological
                            investigation through consultation with the State Historic Preservation Officer
                            when necessary.

                    F.      Scenic Resources


                            1.     The Mid-Hudson Historic Shorelands Scenic District


                                   The Village of Tivoli is part of the Mid-Hudson Historic Shorelands
                                   Scenic District, as designated under Article 49 of the Environmental
                                   Conservation Law, and the first to be established in New York State. The
                                   District extends from Germantown Landing Road in the north to West
                                   Market Street in Hyde Park. It encompasses parts of the Towns of
                                   Germantown, Clermont, Red Hook, Rhinebeck, and Hyde Park, and all
                                   of the Village of Tivoli, the only municipality to be incorporated entirely
                                   within the Scenic District. The eastern boundary generally follows Routes
                                   9 and 9G, and the east shore of the Hudson River constitutes its western
                                   boundary.

                                   The Village of Tivoli is cognizant that the State's proposed designation of
                                   Tivoli as a Scenic Area of Statewide Significance is based upon the
                                   Village's orientation to the Hudson and views of the Catskill Mountains,
                                   as well as the importance of the estates as designated landscapes and open
                                   space. Views are obtained from the river landing area and at the rise of
                                   Broadway as one descends to the river landing. The western panorama
                                   also contributes significantly to the character of the estates as they are
                                   oriented towards the river and the Catskills. As DEC provides additional
                                   buffer along Tivoli North Bay, opportunity for public visual access to this
                                   habitat and the Hudson River will increase.


                                   The Village of Tivoli and the Scenic District as a whole have been
                                   inventoried and analyzed in the Mid-Hudson Historic Shorelands Scenic
                                   District Management Plan. The management plan concludes that the Mid-
                                   Hudson Historic Shorelands Scenic District is a unique and highly
                                   significant land area that encompasses natural and human resources related
  0                                                        11-25








                                      to the concept of scenic beauty, and to the history and environmental
                                      distinction of the Hudson River Valley and New York State. These scenic
                                      resources interrelate in a unified character and are experienced without
                                      regard for jurisdictional boundaries. The area's attractive visual and
                                      historic character can be threatened by serious adverse development, and
                                      contemporary development trends indicate increasing pressures for
                                      changes in land use. The district's antique and pastoral environment make
                                      it highly vulnerable to adverse visual impact. Present land-use and
                                      planning mechanisms vary across numerous jurisdictional divisions and as
                                      presently constituted, may not be fully adequate to control the visual
                                      impact of proposed changes. A synopsis of the findings documented in
                                      the Mid-Hudson Historic Shorelands Scenic District Management Plan are
                                      as follows:


                                      0     The District is a unified historic, ecological and scenic land
                                            resource with clearly defined physical boundaries.

                                      0     The District's scenic quality is decisively influenced by view and
                                            vistas oriented across the Hudson River to the western prospect in
                                            Ulster and Greene Counties.


                                      0     The Hudson River, together with its tidal bays, islands and
                                            immediate land frontage is the District's prominent physical
                                            feature. Stream/ravine formations which cross the District to
                                            outflows at the river are also important natural land resources.

                                      0     Historic, nationally significant landscape gardens (designed
                                            ornamental grounds) constitute extensive acreage on nearly forty
                                            contiguous riverfront estates located in the District.

                                      0     The District is distinguished by its pastoral landscape character
                                            which is considered a scenic resource closely tied to the area's
                                            historic and cultural roots.


                                      0     Public parkland is extensive in the district and presents the area's
                                            scenic resources in all their variety.

                                      0     The area is a vast repository of several hundred historically
                                            significant structures ranging from elaborate estate mansions to the
                                            humble dwellings of the area's first settlers.

                                      0     Additional examples continue to be identified and documented.




                                                             11-26








                                    0       Individual river hamlets located in the District represent settlement
                                            patterns that retain the general character of their historic
                                            development.

                                    0       Within the Hudson River Valley Scenic Roads Program, proposed
                                            by the Department of Environmental Conservation, nearly all the
                                            public roads in the District have been deemed eligible for scenic
                                            road designation under Article 49 of the Environmental
                                            Conservation Law. The area's rural, local roads are especially
                                            evocative of the District's heritage as many had their origins as
                                            country lanes over 200 years ago. Transportation planning should
                                            address their unique character.

                                            The District encompasses seven separate local jurisdictions. The
                                            11scenic zone" includes six additional municipalities.           Each
                                            jurisdiction is responsible for land-use controls in its sector of the
                                            District or zone.    Planning and land-use policies vary across
                                            jurisdictional lines.

                                            District-wide, locally initiated programs include the Hudson River
                                            Shorelands Task Force, which has provided a unified focus in the
                                            area since 1976. Representing the municipalities in this District,
                                            this kind of multi-jurisdictional, locally supported organization is
                                            seen as being a critical tool in the District's future stewardship.

                                            Current land-use trends and demographic analysis suggest
                                            increasing development pressures in the District and its "scenic
                                            zone". Contemporary housing, industrial works and roadside
                                            commercial uses are increasingly proposed for the area. In these
                                            cases, the visual quality of modem development has the potential
                                            of causing serious adverse impact to the area's identified scenic
                                            quality.

                                            Tourism and recreational use are important public functions in the
                                            District and are significant to the, area's quality of life. Centered
                                            on the Hudson River, the area's parkland and public access sites,
                                            tourism and recreation utilizes the area's resources in an
                                            appropriate way.     This use could be enhanced in the future
                                            resulting in economic and preservation dividends.

                                    The management outcome of the Scenic District Management Plan is
                                    determined by the cooperation of the seven municipalities to promote and
                                    manage the scenic district. Tivoli is represented on the Shorelands Task
                                    Force.



                                                             11-27











                             2.     Scenic Roads


                                    In recognition of the unique scenic qualities of the Hudson River Valley,
                                    the State Legislature of New York passed the Scenic Roads Law (Chapter
                                    836) in 1981. The purpose of the Law is to provide for a study of the
                                    scenic qualities of certain road corridors in the Hudson Valley and to
                                    recommend a method for preserving and enhancing those qualities.

                                    The resulting report, "The Hudson Valley Scenic Roads Program"
                                    represents a coordinated effort involving State, County, and local
                                    governments, as well as the private sector. Goals of the program -are:

                                    0       to strengthen the regional identity of the Hudson Valley by
                                            identifying the Valley's unique scenic qualities and their regional
                                            unity and significance;

                                    0       to protect, preserve, and enhance the natural and man-made scenic
                                            beauty of the Hudson Valley;

                                    0       to promote a greater awareness of the aesthetic qualities of the
                                            Valley through an educational program of the Valley's scenic,
                                            ecological, cultural, and historical resources;

                                    0       to provide economic benefits to the Valley through increased
                                            tourism and through the preservation and enhancement of the
                                            landscape resulting in increased property values;

                                    0       to provide a sound implementation strategy according to the values
                                            of each participating community which allows for State and local
                                            cooperation; and

                                    0       to establish a viable model for the scenic road program which can
                                            be applied throughout New York State.

                                            The intent of this State-mandated study is to develop
                                            recommendations for the designation and implementation of a
                                            Scenic Roads System in the Valley. To accomplish this task, the
                                            study included the following steps:

                                            0      criteria and a method for evaluating the scenic qualities of
                                                   road corridors;
                                            0      recommendations for official scenic road designation;
                                            0      a program for the protection and preservation of scenic
                                                   road corridors;


                                                            11-28








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                                          0      specific methods of enhancing scenic road corridors;
                                          0      costs and available funding sources for implementation of
                                                 the program; and
                                          0      an action plan for implementation at the various levels of
                                                 government.

                                  Four roads in and adjacent to the Village of Tivoli were included in this
                                  State of New York study. N.Y. State Route 9G, county-owned Broadway
                                  and the Village-owned Woods Road and Montgomery Street (see Map #7)
                                  in Tivoli were found to be eligible for nomination as scenic roads. Woods
                                  Road has been designated, a 1.37 mile section from St. Paul's Church
                                  north to the Columbia County line, by the Department of Environmental
                                  Conservation under Article 49 of the Environmental Conservation Law.

                                  Both Woods Road and Montgomery Street are part of a scenic road
                                  network which connects the Village of Tivoli to Tivoli Bay Estuarine
                                  Sanctuary to the south and Clermont State Park to the north. The corridor
                                  of Woods Road is predominantly woodlands. New York State Route 9G
                                  was nominated as a scenic road due to the frequent western vistas of the
                                  Hudson River and the Catskill Mountains from the Town of Red Hook
                                  north to the Catskill Bridge. Broadway,which traverses the Village from
                                  9G to the Hudson River, was selected based on the quaint Village
                                  commercial district and the road's views of and access to the Hudson
                                  River. The Village-owned Montgomery Street has no distant views or
                                  vistas, but is densely lined with 19th century houses.

                                  The Hudson Valley Scenic Roads Program Report encourages local
                                  governments to adopt a scenic review process and include local law
                                  preservation and enhancement policies in proposed comprehensive land
                                  use plans. Two handbooks published by the Heritage Task Force for the
                                  Hudson River Valley Inc. are designed to provide guidelines for local
                                  government in developing programs and local laws to protect scenic
                                  resources. These publications are entitled Scenic Roads Handbook and
                                  Scenic District Handbook, and are available from the Heritage Task Force
                                  at the DEC Region 3 offices in New Paltz. The review process would
                                  establish guidelines for preservation and enhancement policies to assist
                                  those affected governments in their land use programs. A very useful
                                  sign ordinance has been proposed through the scenic roads program and
                                  has been included by the Village of Tivoli in their local zoning.

                   G.      Public Access & Recreation


                           Broadway provides the only direct point of public access to the Hudson River in
                           the Village of Tivoli. It bisects the Village from 9G to the river. An at-grade


                                                         11-31








                               crossing of the railroad tracks is gated and lighted, but the frequent passage of
                               high speed trains still presents a potentially dangerous situation. It is unlikely that
                               there will be any additional access points in the future given the steep topography
                               of most of the waterfront and minimal land area west of the railroad tracks.

                               A deteriorating bulkhead and collapsed dock are all that remains of a former
                               railroad siding and ferry dock. A deteriorated gravel surface boat launch owned
                               by CONRAIL is used informally by the general public. Parking is limited. The
                               site is identified in the Hudson River Access Forum report as having significant
                               potential. CONRAIL uses the adjacent area as a construction staging area. Due
                               to the railroad crossing and a seriously eroded river bulkhead, the Village cannot
                               encourage extensive riverfront use. The 1966 Comprehensive Plan for Red Hook
                               and Tivoli projected an increased recreational need for Tivoli of an additional 41/2
                               acres by 1990.

                               The Village's primary recreational area is Memorial Park, which includes a
                               playground and ballfield on Pine Street off Broadway. This area comprises
                               approximately four and a half acres. Funds have been raised in the Village to
                               develop the ballfield and the adjacent pavilion and playground. The construction
                               of tennis courts and an ice skating rink are included in long-range development
                               plans.

                               The activities for Tivoli Community Day are located here and consist of a parade,
                               booths in the pavilion, contests and a Saturday night dance. The Village also
                               sponsors a summer camp program for all community children, ages 6-12. This
                               program should be enhanced by educational programs about Tivoli Bay and
                               Hudson River resources.        Managers of the Estuarine Sanctuary should be
                               approached concerning development of such a program.

                      H.       Development Considerations

                               1.     Flooding and Erosion

                                      Areas subject to a 100-year flood lie along Stony Creek, the railroad right-
                                      of-way, and an unnamed tributary emptying into North Tivoli Bay (Map
                                      8).

                                      Stony Creek has been documented as flooding as much as 100 feet on
                                      each side of the creek bed. The bulkhead in the landing area on the
                                      Hudson has been eroded by tidal fluctuations and ice. The wakes from
                                      the vessels in the navigation channel have also contributed to the erosion
                                      problem and increase the hazard during flood periods.




                                                                11-32










                           2.      Public Services and Facilities


                                   a.      Water


                                           Tivoli's present water system combines a new dammed surface
                                           water supply and filtration plant on Stony Creek (south of
                                           Broadway) and its older groundwater/well supply (Map 2). Tivoli's
                                           water use is primarily domestic, and current needs are being met.
                                           Demand will increase, however, through both residential and
                                           commercial growth.

                                           The original water system was installed in 1938-40 as a Works
                                           Progress Administration (WPA) project. A 1953 study showed a
                                           per capita water use of approximately 35 gallons per day (GPD).
                                           A 1984 study indicated water consumption was 50 gallons per
                                           capita per day. Anticipated summer use is now 90,000 gallons per
                                           day. The well system is still in use, but at a substantially lower
                                           capacity than its original rating. The well, drilled in 1957 in the
                                           Village ballfield adjacent to the 150,000 gallon elevated water
                                           tank, was to serve the Tivoli Acres subdivision. By 1982 this well
                                           had become the mainstay of the Village's water supply, but its dry
                                           weather yield dropped below 20 GPM. At this time the Village
                                           Board contracted with BCI Geonetics Inc. for the purposes of
                                           conducting a test boring program and a comprehensive study of the
                                           area and to identify an additional water supply.

                                           This study was supplemented in 1984 by a study by Robert J.
                                           Ganley, a consulting engineer, who analyzed the Tivoli water
                                           supply problem and provided the following conclusions:

                                                  The Village and the area surrounding Tivoli are in a poor
                                                  ground water area.

                                                  The water producing strata below this area is thin and often
                                                  contains wet blue clay that either clogs the formation or
                                                  can, with overdumping or improper development, intrude
                                                  into the voids surrounding the well and completely clog
                                                  them.


                                                  Although the Village has used ground water from
                                                  numerous small wells for its water supply for over forty
                                                  years, it has had numerous water shortages and water
                                                  quality problems.



                                                           11-33









                                                    Stony Creek, which flows through the Village, could be
                                                    developed as a surface water supply that would result in a
                                                    reliable system when combined with the groundwater
                                                    supply.

                                             A decision was made to develop Stony Creek into a new surface
                                             water supply, and a dam and filtration plant were constructed south
                                             of Broadway. The new system began operation in 1990. The
                                             Stony Creek water filtration plant is only intended to be used as a
                                             backup or supplement to the current groundwater system should
                                             the need arise. Stony Creek is a limited resource, and is not a
                                             year-round constant source of water.       It is likely that future
                                             significant growth can only be satisfied by additional water supply
                                             sources such as an intake from the Hudson River.

                                             It is important to preserve the quality of water in Stony Creek.
                                             The Lamunyan Construction and Demolition landfill site and the
                                             Village of Tivoli landfill are in the Stony Creek watershed, as is
                                             the proposed landfill for incinerator ash from the Dutchess County
                                             Resource Recovery Facility. The Village will continue their
                                             efforts to help ensure that these facilities do not contaminate Stony
                                             Creek as a water supply.

                                     b.      Sewage Dispgsal

                                             The Village of Tivoli is served by a central sewage disposal
                                             system which was originally built in 1938-40.          In 1972 this
                                             primary treatment facility was replaced with a state-of-the-art
                                             tertiary aeration system with a design capacity of 50,000 GPD,
                                             based on the average daily demand of 30,000 GPD. This system
                                             could be expanded to double its present capacity, but expansion
                                             would be costly, would require extensive modification, and must
                                             meet strict DEC standards.       The Village has a sewer fund
                                             established and has submitted an application to HUD for a
                                             construction grant to expand the plant. Although sanitary sewers
                                             are separated from the storm water drainage, storm water
                                             infiltration still causes combined sewer overflows.        As more
                                             housing units are constructed and flow increases, the combined
                                             sewer overflows will occur more frequently. The Village has
                                             undertaken a program of removing tree roots from the sewer lines,
                                             but the problem of sump pumps emptying into sewer lines remains
                                             to be addressed.





                                                             11-34










                                  C.      Roads and Transvortation


                                          The Village's eastern boundary is formed by N.Y.S. Route 9G
                                          which bypasses the general business district and is the major road
                                          to Poughkeepsie and Hudson.        The business district's major
                                          connector road with Route 9G is Broadway or County Route 78.
                                          Broadway, the only non-village road in Tivoli, runs east-west 1.4
                                          miles through the heart of the Village to the old ferry landing on
                                          the Hudson.


                                          Chart II which describes the Village roads follows on the next
                                          page.

                                          Montgomery Street-North Road is the major north-south route
                                          through the Village. Connecting roads lead to Route 9G. Woods
                                          Road, serves the northwestern portion of the Village and connects
                                          to County Route 35 and Clermont State Park, Columbia County.

                                          By and large, only local traffic frequents the roads of Tivoli and
                                          specifically, the general business district of the Village. New
                                          signage directing travelers off of Rt. 9G could be encouraged.
                                          Also, visitors to Clermont State Park can now be directed into the
                                          Village via Woods Road since the road has been improved. If
                                          traffic on Woods Road should increase to an extent that requires
                                          widening the road, impacts on the scenic corridor from widening
                                          would have to be mitigated.

                                          In terms of public transportation, the Dutchess County Loop
                                          System provides bus service from Tivoli south to Poughkeepsie on
                                          a daily commuter schedule.

                                  Summaa of Key Findings and Issues

                                  1.      The prime characteristic of Tivoli is its historic and residential
                                          quality. This Village character should be maintained.

                                  2.      Tivoli has a number of unique assets which should be preserved,
                                          including:

                                          0      The Village's many historic resources should be protected
                                                 and restored.


                                          0      The Village's scenic resources and important viewsheds
                                                 should be protected and enhanced.


                                                         11-35








                                                     Tivoli, as part of the Mid-Hudson Historic Shorelands
                                                     Scenic District, and the Department of State's proposed
                                                     Estate District Scenic Area of Statewide Significance has
                                                     qualities which subject it to development pressure. Scenic
                                                     quality protection should be a part of any review of new
                                                     development proposals.

                                             0       The Village's agricultural resources should be protected
                                                     and preserved for agricultural use to the maximum extent
                                                     possible.

                                             0       The Village's habitat resources should be protected. Uses
                                                     for public recreation and education which are consistent
                                                     with protection of the resource should be encouraged.

                                             0       A public education program concerning all these resources
                                                     should be developed.           This LWRP supports the
                                                     recommendation of the Greenway Council to consider
                                                     establishment of an education center at Tivoli Bays.

                                             0       The combination of these unique resources will attract
                                                     visitors to Tivoli. A signage system should be developed
                                                     within the Village to direct tourists to points of interest in
                                                     the Village, to Tivoli Bay State Nature and Historical
                                                     Preserve, and Clermont State Park.

                                      3.     Development should be restricted in those areas with highly
                                             erodible soils, floodplains, wetlands, watershed areas, steep slopes,
                                             lack of central water and sewer facilities, and other environmental
                                             constraints.


                                      4.     The existing Village water and sewer systems have known capacity
                                             limitations due to environmental and hydrological constraints.
                                             Therefore, any significant expansion of uses dependent on these
                                             services -must address the issues raised by these limitations.

                                      5.     New commercial uses in the general Business District will
                                             complement the "village atmosphere" of Tivoli, and should be
                                             encouraged.

                                      6.     All of Tivoli's waterfront areas, including the riverfront landing
                                             and the riverfront bluffs, are an extremely sensitive and fragile
                                             resource. Thus, while the area has exceptional scenic values and
                                             the landing is the only opportunity for public access to the river,


                                                              11-36








                                             it is imperative that the fragile resources be protected.           Any
                                             intensive development (for example, industrial, commercial, high
                                             density residential, and public utilities) is generally not suitable for
                                             Tivoli's waterfront areas, due to physical limitations and the
                                             absence of central sewer service.


                                     7.      While State Coastal Policies encourage water-dependent and water-
                                             enhanced uses, any such uses in Tivoli must be limited by the
                                             fragile nature of the coastal resources. Accordingly, water-related
                                             uses in Tivoli should focus on passive recreational uses, especially
                                             those relating to walkways or trails along the river and in the
                                             vicinity of North Tivoli Bay.

                                     8.      The riverfront landing area provides the Village's only opportunity
                                             for increasing public access to the Hudson. Uses such as a DEC
                                             boat launch should be explored, provided that they are consistent
                                             with preservation of the area's scenic quality and environmental
                                             limitations.


                                     9.      Public access to the Hudson River needs to be increased through
                                             appropriate use of DEC-owned lands around Tivoli North Bay for
                                             water-related and water-enhanced uses.


                                     10.     The Village of Tivoli lacks the funds and resources necessary to
                                             implement the goals set forth in this plan. It will be imperative
                                             that the Village work with other agencies and levels of government
                                             to accomplish these goals.






















                                                              11-37





                                                                       CHART #111


                                                     VILLAGE OF TIVOLI ROAD SYSTEM


                Name                      Leng1h           Lanes             Pavement        Jurisdiction               Condition


                *Broadway                 1.4              2                 high grade         County                  poor
                                                                             bituminous

                Clay Hill Rd.             .5               2                 crushed stone      Village                 fair
                                                                             & bituminous

                Diane St.                 0.5              2                 crushed stone      Village                 fair
                                                                             & bituminous



                Feroe St.                 .16              1                 high grade         Village                 good
                                                                             & bituminous


                Friendship                .13              2                 dirt & bit
                                                                             bitminuous          Village                fair-good

                Dock Rd.                  .5               2                 bituminous          Village                fair

                *Montgomery St.           .54              2                 high grade          Village                good
                                                                             bituminous

                North Rd.                 .6               2                 low grade           Village                fair
                                                                             bituminous


                Old Rt. 402               .08              2                 dirt                Village                poor

                Pine St.                  .19              2                 high grade          Village                good
                                                                             bituminous

                Spring St.                .15              2                 high grade          Village                good
                                                                             bituminous


                Washburn                  .06              2                 high grade          Village                good
                                                                             bituminous


                *Woods Rd.                .55              2                 high grade          Village                good
                                                                             bituminous


                TOTAL:           Village Road Miles                 3.01 miles
                                  County Road Miles                 1.4 miles

                *New York State designated scenic roads.





                                                                             11-38




















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                                   SECTION III
  0                           WATERFRONT POLICIES












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            DEVELOPMENT POLICIES

            POLICY 1               RESTORE, REVITALIZE, AND REDEVELOP DETERIORATED
                                   AND UNDERUTILIZED WATERFRONT AREAS FOR
                                   COMMMCIAL@ INDUSTRIAL, CULTURAL, RECREATIONAL,
                                   AND OTHER COMEPATEBLE USES.


            EXPLANATION OF POLICY

            The central business district constitutes the underutilized area in Tivoli. A revitalization of the
            business district has begun, although storefronts that were converted to apartments in the past
            remain in that use. New uses are primarily commercial. The Village has begun working on the
            rehabilitation of the old fire house into a Village Hall and public library. All rehabilitation of
            structures should protect the 19th century architectural character of the Village.

            To generate enough consumer traffic to support the new businesses in Tivoli, visitors to
            Clermont State Park and Montgomery Place should be encouraged to include Tivoli in their tour.
            The Village is already on the Dutchess County Historic Trail.

            In contrast to the downtown business district, very different circumstances apply to the Village's
            waterfront. The riverfront landing once hosted steamboats and the Saugerties-Tivoli ferry.
            However, the railroad tracks (now used for high speed trains) have created a major safety issue
            in crossing the tracks to reach the waterfront.         These factors, together with the other
            environmental considerations (e.g. habitat protection, agricultural soils, lack of infrastructure,
            etc.) are a major limitation to any future development in this area.

            Plans for future development of the waterfront must therefore be limited to an appropriate scale.
            The bulkhead and landing are now deteriorated but could be repaired. The riverfront could
            accommodate a small boat launch, as noted in DEC's public access study. The site has been
            recommended for such a facility in the recent study "Between the Railroad and the River"
            (Hudson River Access Forum, September 1989).

            Any development on the riverfront should not block views to the water from Broadway and
            should be of a scale and architectural style consistent with the existing character of the
            community. Consideration should also be given for views of Tivoli from the other side of the
            river.

            There is at present no heavy industrial land use in Tivoli, nor is any section of the Village
            presently or proposed to be zoned for such use. The Village only allows light industrial uses
            by special permit in certain zones. Light industry can be accommodated in the vicinity of the
            central business district.







                                                           111-3








              To be allowed to locate in the Village, such uses must meet at least the following minimum
              criteria under current zoning:

              1)      Prior to the issuance of a building permit, the applicant must provide a statement from
                      the New York State Department of Environmental Conservation stating that the
                      applicant's proposal meets all the established air quality standards.

              2)      Noise. It shall constitute a nuisance for any person, firm or corporation to permit the
                      emission of measurable noises, as measured at the individual property lines, to exceed
                      70 decibels during the period between 6 a.m. and 10 p.m., or 60 decibels during the
                      period between 10 p.m. and 6 a.m.

              3)      Glare. It shall constitute a nuisance for any person, firm or corporation to permit the
                      edge of the beam of any artificial light source to cross the boundary line of the lot on
                      which this light source is situated. For this purpose, the edge of the beam is defined as
                      the surface at which the intensity of light does not exceed 10 percent of the luminescence
                      of the center of the beam.

              4)      Odor. It shall constitute a nuisance for any person, firm or corporation to permit the
                      emission of any odor that, as measured at the individual property line, offensively affects
                      the sense of smell.

              Tivoli in not an urban area. In adopting zoning and in evaluating development proposals, in
              areas identified by the Village as appropriate for development, the following guidelines will
              apply:

              1)      The action should enhance existing and anticipated uses;

              2)      The action should serve as a catalyst to private investment in the area;

              3)      The action should improve the deteriorated condition of a site and, at a minimum, must
                      not cause further deterioration;

              4)      The action must lead to development which is compatible with the character of the area,
                      with consideration given to scale, architectural style, density, and intensity of use;

              5)      The action should have the potential to improve the existing economic base of the
                      community, and, at a minimum, must not jeopardize this base;

              6)      The action should improve the adjacent, upland, and across the river views of the water,
                      and, at a minimum, must not affect these views in an insensitive manner;

              7)      The action, if appropriate, should have the potential to improve public access to the
                      riverfront and other natural environmental areas.


                                                             111-4







             In Tivoli, revitalization efforts will focus on the Central Business District area. All agencies
             must ensure that their actions further the revitalization of urban waterfront areas. The transfer
             and purchase of property; the construction of a new office building, highway or park; the
             provision of tax incentives to businesses; establishment of enterprise zones, are all examples
             of governmental means for spurring economic growth. When any such action, or similar action
             is proposed, it must be analyzed to determine if the action would contribute to or adversely
             affect a waterfront revitalization effort.

             See Policies 21, 23, 24, 25.

             POLICY 2               FACILITATE THE SITING OF WATER DEPENDENT USES AND
                                    FACILITIES ON OR ADJACENT TO COASTAL WATERS.

             POLICY 2A              ADJACENT TO THE VILLAGE COASTAL WATERS, WATER
                                    ENHANCED USES SHOULD BE LEMTED TO EXISTING LOW
                                    DENSITY RESIDENTIAL AND AGRICULTURAL AREAS ON THE
                                    BLUFF TO THE NORTH AND SOUTH OF THE RIVER LANDING.

             EXPLANATION OF POLICY

             As noted throughout the LWRP, both the Landing Area and the Bluff Areas have severe
             development constraints. Because of this, provision for appropriate water-dependent and water-
             enhanced uses may be severely limited.

             The following uses and facilities are considered potentially appropriate as water-dependent
             activities along the Tivoli waterfront:

             1)      Recreational activities which depend on access to coastal waters such as fishing, boating,
                     viewing wildlife of the Hudson River and the Estuarine Sanctuary, and fishing on Stony
                     Creek;

             2)      Flood and erosion protection structures (for example: breakwaters, bulkheads);
             3)      Support facilities which are necessary for the successful functioning of permitted water
                     dependent uses (for "ample: parking lots, snack bars, first aid stations). Though these
                     uses must be near the given water-dependent use, they should, as much as possible, be
                     sited inland from the water-dependent use rather than on the shore.

             4)      Scientific/educational activities, which, by their nature, require access to coastal waters.

             Other  water-dependent uses, as listed in the State's Coastal Policies are not appropriate for
             Tivoli.





                                                            111-5








              Similarly, appropriate water-enhanced uses are limited due to the unique resources and
              development constraints in Tivoli. Water-enhanced uses should be limited to activities such as
              active and passive recreation, agriculture, athletic fields, game preserves, parks, playgrounds,
              plant nurseries, and wildlife preserves. The Village's LC Conservation Zoning District so limits
              permissible activities.

              Based on the above, the existing low-density estate character of the bluffs on the riverfront
              should be preserved.

              Facilities such as industrial, high density residential, and large scale public utilities are not
              suitable for Tivoli's waterfront. Adequate upland is available for such uses.

              POLICY 3              THE STATE COASTAL POLICY REGARDING THE
                                    DEVELOPMENT OF MAJOR PORTS IS NOT APPLICABLE TO
                                    TIVOLI.

              POLICY 4              THE STATE COASTAL POLICY REGARDING THE
                                    STRENGTHENING OF SMALL HARBORS IS NOT APPLICABLE
                                    TO TIVOLI.

              POLICY 5              ENCOURAGE THE LOCATION OF DEVELOPMENT IN AREAS
                                    WHERE PUBLIC SERVICES AND FACILITIES ESSENTIAL TO
                                    SUCH DEVELOPMENT ARE ADEQUATE, EXCEPT WHEN SUCH
                                    DEVELOPMENT HAS SPECIAL FUNCTIONAL REQUIREMENTS
                                    OR OTHER CHARACTERISTICS WHICH NECESSITATE ITS
                                    LOCATION IN OTHER COASTAL AREAS.


              EXPLANATION OF POLICY

              The Village of Tivoli is served by a tertiary treatment sewer system which can be expanded to
              double its present capacity of 50,000 gallons per day.

              The Village water system is adequate for existing demand.

              The immediate Hudson River shoreline is not, however, served by either public water or public
              sewer facilities.

              POLICY 5A             COMMERCIAL, LIGHT INDUSTRIAL AND HIGH DENSITY
                                    RESIDENTIAL DEVELOPMENT WILL BE LOCATED IN AND
                                    ADJACENT TO THE CENTRAL BUSINESS DISTRICT IN THE
                                    UPLAND VILLAGE AREA WHERE PUBLIC SERVICES AND
                                    FACILITIES ESSENTIAL TO SUCH DEVELOPMENT ARE
                                    AVAILABLE.




                                                            111-6










             EXPLANATION OF POLICY

             Commercial development will be located in the central business district and along Route 9G.
             Light industrial development will be limited to the same areas and subject to additional and more
             stringent controls.

             High density development will be limited to lot sizes of 15,000 square feet (R15) or cluster
             development based on the R15 residential zone and is presently allowed adjacent to the central
             business district. All future development will only be allowed subject to the availability of water
             and provision of adequate sewage disposal.

             POLICY 6              EXPEDITE PERMIT PROCEDURES IN ORDER TO FACILITATE
                                   THE SITING OF DEVELOPMENT ACTIVITIES AT SUITABLE
                                   LOCATIONS.


             EXPLANATION OF POLICY

             For specific types of development activities and in areas suitable for such development, State and
             local agencies will make every effort to coordinate and synchronize existing permit procedures
             and regulatory programs, as long as the integrity of the regulations' objectives is not
             jeopardized. These procedures and programs will be coordinated within each agency. Also,
             efforts will be made to ensure that each agency's procedures and programs are synchronized
             with other agencies' procedures at each level of government. Finally, regulatory programs and
             procedures will be coordinated and synchronized between levels of government;               and if
             necessary, legislative and/or programmatic changes will be recommended.

             When proposing new regulations, an agency will determine the feasibility of incorporating the
             regulations within existing procedures, if this reduces the burden on a particular type of
             development and will not jeopardize the integrity of the regulations' objectives.

             FISH AND WILDLIFE POLICIES

             POLICY 7              SIGNIFICANT COASTAL FISH AND WILDLIFE HABITATS WILL
                                   BE PROTECTED, PRESERVED, AND, WHERE PRACTICAL,
                                   RESTORED SO AS TO MAINTAIN THEIR VIABILITY AS
                                   HABITATS.


             EXPLANATION OF POLICY

             Part of the North and South Tivoli Bays Significant Habitat is located in the Village of Tivoli.






                                                           Ill-7








             It is essential that any potential impacts on North and South Tivoli Bays be evaluated with
             respect to its use for environmental research and education, and the need to maintain natural or
             controlled experimental conditions. Any activity that impacts on the tidal flows in the bay and
             wetlands may have serious consequences for the fish and wildlife, since these actions may
             significantly affect the vegetative composition. Additionally, changes in existing patterns of
             water quality, turbidity, temperature or depth would impact directly on the species using this
             freshwater wetland and bay complex. Freshwater inflows from Stony Creek and the Saw Kill
             are especially important. Non-point source pollutants from the watershed, including herbicides,
             could have a detrimental effect on the fish and wildlife habitat. Elimination of wetland or
             shallow areas through dredging, filling, or bulkheading would result in a direct loss of valuable
             habitat. Activities that would subdivide this relatively large, undeveloped area into smaller
             fragments should be restricted. Extensive cutting of the forest vegetation surrounding the bays
             could adversely affect use of the area by many fish and wildlife species.

             See Policies 12, 33, and 37.

             POLICY 7A              THE LOCALLY SIGNIFICANT HABITATS OF STONY CREEK
                                    AND THE HUDSON RIVER ALONG TIVOLI'S WATERFRONT
                                    WELL BE PROTECTED, PRESERVED AND IMPROVED. THE
                                    HUDSON RIVER BLUFFS, TIVOLI BAY, AND STONY CREEK
                                    SHOULD BE PROTECTED FROM OVERDEVELOPMENT.


             EXPLANATION OF POLICY

             It has been proposed that the Stony Creek water classification be upgraded to "A" (suitable for
             a public water supply). This action will impact water discharge permits in the Stony Creek
             watershed and over time improve the stream's water quality.

             Conservation easements should be utilized to meet land buffer preservation goals for the North
             Tivoli Bay area (Note map #5). Conservation @asements would be less expensive than fee title
             acquisition of land and would maintain the property on the Village tax rolls.

             Additionally, the Village should work with DEC and area farmers to insure that coastal waters
             and especially Tivoli Bays are protected from non-point source pollution.

             See Policies 12, 33, and 37.

             POLICY 8               PROTECT FISH AND WILDLIFE RESOURCES IN THE COASTAL
                                    AREA FROM THE INTRODUCTION OF HAZARDOUS WASTES
                                    AND OTHER POLLUTANTS WHICH BIO-ACCUMIULATE IN THE
                                    FOOD CHAIN OR WHICH CAUSE SIGNIFICANT SUBLETHAL
                                    OR LETHAL EFFECT ON THOSE RESOURCES.





                                                            111-8








             POLICY 8A              THE DISPOSAL OF SEPTIC WASTE AND THE ESTABLISHMENT
                                    OF DUAM WITHIN THE VILLAGE LEM[ITS AND WITHIN THE
                                    STONY CREEK WATERSHED SHALL NOT BE ALLOWED.

             EXPLANATION OF POLICY

             Hazardous wastes are unwanted by-products of manufacturing processes and are generally
             characterized as being flammable, corrosive, reactive, or toxic. More specifically, hazardous
             waste is defined in Environmental Conservation Law as "waste or combination of wastes which
             because of its quantity, concentration, or physical, chemical or infectious characteristics may:
             (1) cause, or significantly contribute to an increase in mortality or an increase in serious
             irreversible, or incapacitating reversible illness; or (2) pose a substantial present or potential
             hazard to human health or the environment when improperly treated, stored, transported,
             disposed or otherwise managed. " A list of hazardous wastes has been adopted by DEC (6
             NYCRR Part 371).

             The handling (storage, transport, treatment and disposal) of the materials included on this list
             is being strictly regulated in New York State to prevent their entry or introduction into the
             environment, particularly into the State's air, land, and waters. Such controls should effectively
             minimize possible contamination of and bio-accumulation in the State's coastal fish and wildlife
             resources at levels that cause mortality or create physiological and behavioral disorders.

             Other pollutants are those conventional wastes, generated from point and non-point sources, and
             not identified as hazardous wastes but controlled through other State laws.
             It is important to preserve the quality of the water in Stony Creek. The LaMunyan construction
             and demolition landfill and the Village of Tivoli landfill are in the Stony Creek watershed, as
             is the proposed landfill for incinerator ash from the Dutchess County Resource Recovery facility.
             The Village is extremely concerned about the potential adverse impacts from the incinerator ash
             landfill since it is within the Stony Creek Watershed.

             Village law requires that a local permit be issued for disposal of waste within the Village limits.
             The pumping of cesspools and septic tanks shall be permitted; however, the disposal of the
             contents thereof shall not be permitted within the Village of Tivoli except as approved by the
             Village Board.

             No dump as defined in Village law shall be permitted within the Village of Tivoli except as
             approved by the Village Board. No burning of garbage, trash, refuse, junk or waste material
             of any kind shall be permitted in the Village of Tivoli except as approved by the Village Board.
             The disposal of hazardous waste is subject to existing local laws and laws of the State of New
             York regulating hazardous waste. Strict enforcement should continue at the State level.



                                                           111-9








              For the purpose of this policy, railroad ties and construction debris shall be considered
              hazardous waste. Conrail shall be discouraged from using the Village waterfront area as an
              intermediate storage facility for railroad ties and other debris. Further, Conrail shall be strongly
              encouraged by the Village to remediate any dumping of railroad ties and construction debris that
              has already taken place along the railroad tracks in the Village of Tivoli.

              See Policies 7, 7A, 31A, 36, 38, 38A, 39, and 40A.

              POLICY 9               EXPAND RECREATIONAL USE OF FISH AND WILDLIFE
                                     RESOURCES IN COASTAL AREAS BY INCREASING ACCESS TO
                                     EXISTING RESOURCES, SUPPLEMENTING EXISTING STOCKS,
                                     AND DEVELOPING NEW RESOURCES. SUCH EFFORTS SflALL
                                     BE MADE IN A MANNER WHICH ENSURES THE PROTECTION
                                     OF RENEWABLE FISH AND WILDLIFE RESOURCES AND
                                     CONSIDERS OTHER ACTIVITIES DEPENDENT ON THEM.


              EXPLANATION OF POLICY

              Recreational uses of coastal fish and wildlife resources include consumptive uses such as fishing
              and hunting, and non-consumptive uses such as wildlife photography, bird watching and nature
              study.

              Any efforts to increase recreational use of these resources will be made in a manner which takes
              into consideration other activities dependent on these resources. Also, such efforts must be done
              in accordance with existing State law and in keeping with sound resource management
              considerations. Such considerations include biology of the species, carrying capacity of the
              resource, public demand, costs and available technology.

              POLICY 9A              IMPROVE PUBLIC ACCESS TO THE HUDSON RIVER IN AREAS
                                     PUBLICLY OWNED.


              EXPLANATION OF POLICY

              New York State DEC should increase the public access to the Tivoli Bay area by allowing public
              use of buffer lands around Tivoli Bay for recreation purposes and in a manner compatible with
              protection of the resources.











                                                              III-10








             POLICY 10              FURTHER DEVELOP COMIqERCIAL FINFISH, SHELLFISH,
                                    AND CRUSTACEAN RESOURCES IN THE COASTAL AREA BY:
                                    (1) ENCOURAGING THE CONSTRUCTION OF NEW, OR
                                    IMPROVEMEENT OF EXISTING ON-SHORE COMMERCIAL
                                    FISHING FACILITIES; (2) INCREASING MARKETING OF THE
                                    STATE'S SEAFOOD PRODUCTS; AND (3) MAINTAINING
                                    ADEQUATE STOCKS AND EXPANDING AQUACULTURE
                                    FACILITIES. SUCH EFFORTS SHALL BE IN A MANNER
                                    WHICH ENSURES THE PROTECTION OF SUCH RENEWABLE
                                    FISH RESOURCES AND CONSIDERS OTHER ACTIVITIES
                                    DEPENDENT ON THEM.


             EXPLANATION OF POLICY

             Commercial fishing off Tivoli, and throughout the Hudson River, has historically been an active
             industry for many years. The economies of the industry and pollution in the River brought an
             end to this era after World War II. Recently, the environment for such activity has shown signs
             of improvement, although many obstacles still exist and actions which improve the quality and
             management of the fisheries stock and which provide onshore facilities for commercial fishing
             are encouraged given the limitations of the Tivoli waterfront.

             Commercial fishery development activities must occur within the context of sound fishery
             management principles developed and enforced within the State's waters by the New York State
             Department of Environmental Conservation. Commercial fishing development efforts should
             be made in a manner which ensures the maintenance and protection of the renewable fishery
             resources. Actions by public agencies must be evaluated as to whether they will impede existing
             utilization or future development of the State's commercial fishing resources.

             On the local level, within the Village of Tivoli, the provision of small scale commercial fishing,
             including the docking of fishing boats and the provision of related services, should be permitted
             where the land area is sufficient and the possible odor, traffic, and aesthetic impacts do not
             negatively impact adjacent land uses.

             FLOOD AND EROSION HAZARD POLICIES

             POLICY 11              BUILDINGS AND OTHER STRUCTURES WILL BE SITED IN THE
                                    COASTAL AREA SO AS TO MI11iEMZE DAMAGE TO PROPERTY
                                    AND THE ENDANGERING OF HUMAN LIVES CAUSED BY
                                    FLOODING AND EROSION.


             EXPLANATION OF POLICY


             The erosion aspects of this policy are not applicable because there are no Coastal Erosion
             Hazard Areas in Tivoli. In coastal lands identified as being subject to high velocity waters








              caused by hurricane or other storm wave wash, walled and roofed buildings or fuel storage tanks
              shall be sited landward of mean high tide; and no mobile home shall be sited in such area. In             40
              coastal lands identified as floodways, no mobile homes shall be sited other than in existing
              mobile home parks.

              Where human lives may be endangered by major coastal storms, all necessary emergency
              preparedness measures should be taken including disaster preparedness planning. The Dutchess
              County Office of Disaster Preparedness and Civil Defense prepares plans for Dutchess County,
              including Tivoli.

              Areas subject to a 100-year flood lie along Stony Creek, the railroad right-of-way, and the
              unnamed tributary emptying into North Tivoli Bay. The Village of Tivoli participates in the
              Regular Phase of the National Flood Insurance Program (Effective date: August 1, 1984).

              No structure temporary or permanent; fill for any purpose; deposit; obstruction; storage of
              materials or equipment; or other uses shall be permitted which, acting alone or in combination
              with existing or future uses, will unduly affect the efficiency or the capacity of the floodway or
              unduly increase flood heights, cause increased velocities or obstruct flow under flood conditions.

              See Policies 14 and 17.


              POLICY 12              ACTIVITIES OR DEVELOPMENT IN THE COASTAL AREA WILL
                                     BE UNDERTAKEN SO AS TO MP41MIZE DAMAGE TO
                                     NATURAL RESOURCES AND PROPERTY FROM FLOODING
                                     AND EROSION BY PROTECTING NATURAL PROTECTIVE
                                     FEATURES INCLUDING BEACHES, DUNES, BARRIER ISLANDS
                                     AND BLUFFS. PRIMARY DUNES WILL BE PROTECTED FROM
                                     ALL ENCROACHMENTS THAT COULD EkIPAIR THEIR
                                     NATURAL PROTECTIVE CAPACITY.


              EXPLANATION OF POLICY


              Beaches, dunes, barrier islands, bluffs, and other natural protective features help safeguard
              coastal lands and property from damage, as well as reduce the danger to human life, resulting
              from flooding and erosion. Excavation of coastal features, improperly designed structures,
              inadequate site planning, or other similar actions which fail to recognize their fragile nature and
              high protective values, lead to the weakening or destruction of those landforms. Activities or
              development in, or in proximity to, natural protective features must ensure that all such adverse
              effects are minimized.


              See Policy 17A.






                                                             111-12









             POLICY 13             THE CONSTRUCTION OR RECONSTRUCTION OF EROSION
                                   PROTECTION STRUCTURES SHALL BE UNDERTAKEN ONLY
                                   IEF THEY HAVE A REASONABLE PROBABILITY OF
                                   CONTROLLING EROSION FOR AT LEAST THIRTY YEARS AS
                                   DEMONSTRATED IN DESIGN AND CONSTRUCTION
                                   STANDARDS AND/OR ASSURED MAINTENANCE OR
                                   REPLACEMENT PROGRAMS.


             EXPLANATION OF POLICY


             Erosion protection structures are widely used throughout the State's coastal area. Ho_wever,
             because of improper design, construction and maintenance standards, many fail to give the
             protection which they are presumed to provide. As a result, development is sited in areas where
             it is subject to damage or loss due to erosion. This policy will help ensure the reduction of such
             damage or loss.

             The old bulkhead at the river landing is the only riverfront erosion problem in the Village. This
             dangerous dock and bulkhead have been eroded severely by tidal fluctuation of ice over the past
             100 years. This section of Tivoli's waterfront must be stabilized.

             POLICY 14             ACTIVITIES AND DEVELOPMENT INCLUDING THE
                                   CONSTRUCTION OR RECONSTRUCTION OF EROSION
                                   PROTECTION STRUCTURES, SHALL BE UNDERTAKEN SO
                                   THAT THERE WELL BE NO MEASURABLE INCREASE IN
                                   EROSION OR FLOODING AT THE SITE OF SUCH ACTIVITIES
                                   OR DEVELOPMENT, OR AT OTHER LOCATIONS.


             EXPLANATION OF POLICY


             Erosion and flooding are processes which occur naturally. However, by his actions, man can
             increase the severity and adverse effects of those processes, causing damage to, or loss of
             property, and endangering human lives. Those actions include: the use of erosion protection
             structures such as groins, or the use of impermeable docks which block the littoral transport of
             sediment to adjacent shorelands, thus increasing their rate of recession; the failure to observe
             proper drainage or land restoration practices, thereby causing run-off and the erosion and
             weakening of shorelands; and the placing of structures in identified floodways so that the base
             flood level is increased causing damage in otherwise hazard-free areas.

             See Policy 13.








                                                           111-13









              POLICY 15             MJNING, EXCAVATION OR DREDGING IN COASTAL WATERS
                                    SHALL NOT SIGNIFICANTLY INTERFERE WITH THE
                                    NATURAL COASTAL PROCESSES WHICH SUPPLY BEACH
                                    MATERIALS TO LAND ADJACENT TO SUCH WATERS AND
                                    SHALL BE UNDERTAKEN IN A MANNER WHICH WILL NOT
                                    CAUSE AN INCREASE IN EROSION OF SUCH LAND.


              EXPLANATION OF POLICY

              Coastal processes, including the movement of beach materials by water, and any mining,
              excavation or dredging in nearshore or offshore waters which changes the supply and net flow
              of such materials can deprive shorelands of their natural regenerative powers. Such mining,
              excavation and dredging should be accomplished in a manner so as not to cause a reduction of
              supply, and thus an increase of erosion, to such shorelands. Offshore mining is a future
              alternative option to land mining for sand and gravel deposits which are needed to support
              building and other industries.

              There is no room for dredge spoils in the river landing area or along the riverfront in Tivoli.
              Since the channel is immediately adjacent to Tivoli's riverfront, it is unlikely that any mining,
              excavation or dredge activities would take place due to bedrock exposure underwater on Tivoli's
              side of the channel.

              POLICY 16             PUBLIC FUNDS SHALL ONLY BE USED FOR EROSION
                                    PROTECTIVE STRUCTURES WHERE NECESSARY TO PROTECT
                                    HUMAN LIFE, AND NEW DEVELOPMENT WHICH REQUIRES
                                    A LOCATION WITHIN OR ADJACENT TO AN EROSION
                                    HAZARD AREA TO BE ABLE TO FUNCTION, OR EXISTING
                                    DEVELOPMENT: AND ONLY WHERE THE PUBLIC BENEFITS
                                    OUTWEIGH THE LONG TERM MONETARY AND OTHER COSTS
                                    INCLUDING THE POTENTIAL FOR INCREASING EROSION AND
                                    ADVERSE EFFECTS ON NATURAL PROTECTIVE FEATURES.


              EXPLANATION OF POLICY

              Public funds are used for a variety of purposes on the State's shorelines. This policy recognizes
              the public need for the protection of human life and existing investment in development or new
              development which requires a location in proximity to the coastal area or in adjacent waters to
              be able to function. However, it also recognizes the adverse impacts of such activities and
              development on the rate of erosion and on natural protective features and requires that careful
              analysis be made of such benefits and long-term costs prior to expending public funds.

              See Policy 13.




                                                            111-14









             POLICY 17             WHENEVER POSSIBLE, USE NON-STRUCTURAL MEASURES
                                   TO MINIMIZE DAMAGE TO NATURAL RESOURCES AND
                                   PROPERTY FROM FLOODING AND EROSION.                                   SUCH
                                   MEASURES SHALL INCLUDE: (1) THE SET BACK OF
                                   BUILDINGS AND STRUCTURES: (2) THE PLANTING OF
                                   VEGETATION AND THE INSTALLATION OF SAND FENCING
                                   AND DRAINING; (3) THE RESHAPING OF BLUFFS; AND (4)
                                   THE FLOOD-PROOFING OF BUILDINGS OR THEIR ELEVATION
                                   ABOVE THE BASE FLOOD LEVEL.


             EXPLANATION OF POLICY


             Non-structural measures within identified flood hazard areas shall include, but not be limited to:
             (a) the avoidance of risk or damage from flooding by the siting of buildings outside the hazard
             area, and (b) the flood-proofing of buildings or their elevation above the base flood level.

             This policy shall apply to the planning, siting and design of proposed activities and development,
             including measures to protect existing activities and development. To ascertain consistency with
             the policy, it must be determined if any one, or a combination of, non-structural measures would
             afford the degree of protection appropriate both to the character and purpose of the activity or
             development, and to the hazard. If non-structural measures are determined to offer sufficient
             protection, then consistency with the policy would require the use of such measures, whenever
             possible.

             In determining whether or not non-structural measures to protect against erosion or flooding will
             afford the degree of protection appropriate, an analysis, and if necessary, other materials such
             as plans or sketches of the activity or development, of the site and of the alternative protection
             measures should be prepared to allow an assessment to be made.

             POLICY 17A            BUILDING SETBACKS FROM BLUFFS, STREAMS AND
                                   WETLANDS SHALL BE SUFFICIENT SO THAT DANGER FROM
                                   FLOODING AND EROSION IS MINIMIZED.


             EXPLANATION OF POLICY


             Flood prone areas along the Stony Kill are restricted from construction within 100 feet each side
             of the centerline by the Land Conservation zoning district. Within 1,000 feet of the riverfront
             and within 1000 ft. of the North Tivoli Bay area, building construction -is limited to structures
             associated with agriculture, outdoor recreation, parks, playgrounds, and nature preserves. These
             shall be set back 50 feet from the tops of the bluff along the river.

             The Village's participation in the Regular Phase of the National Flood Insurance Program
             addresses many of these problems through regulations pertaining to development in designated
   is                                                      111-15









               flood hazard areas and includes such non-structural measures as setbacks, elevations above flood
               level, and floodproofing in flood hazard areas.

               GENERAL POLICY


               POLICY 18             TO SAFEGUARD THE VITAL ECONOMIC, SOCIAL AND
                                     ENVIRONMENTAL INTERESTS OF THE STATE AND OF ITS
                                     CITIZENS, PROPOSED MAJOR ACTIONS IN THE COASTAL
                                     AREA MUST GIVE FULL CONSIDERATION TO THOSE
                                     INTERESTS, AND TO THE SAFEGUARDS WHICH THE STATE
                                     HAS ESTABLISHED TO PROTECT VALUABLE COASTAL
                                     RESOURCE AREAS.


               EXPLANATION OF POLICY


               Proposed major actions may be undertaken in the coastal area if they will not significantly impair
               valuable coastal waters and resources, thus frustrating the achievement of the purposes of the
               safeguards which the State has established to protect those waters and resources. Proposed
               actions must take into account the social, economic and environmental interests of the State and
               its citizens in such matters that would affect natural resources, water levels and flows, shoreline
               damage, and recreation. Major actions, therefore, should take into account and be supportive
               of Tivoli's indigenous rural residential character.

               PUBLIC ACCESS POLICIES


               POLICY 19             PROTECT, MAINTAIN, AND INCREASE THE LEVEL AND
                                     TYPES OF ACCESS TO PUBLIC WATER-RELATED
                                     RECREATION RESOURCES AND FACILITIES SO THAT THESE
                                     RESOURCES AND FACILITIES MAY BE FULLY UTILIZED IN
                                     ACCORDANCE WITH REASONABLY ANTICIPATED PUBLIC
                                     RECREATION NEEDS AND THE PROTECTION OF HISTORIC
                                     AND NATURAL RESOURCES. IN PROVIDING SUCH ACCESS,
                                     PRIORITY SHALL BE GIVEN TO PUBLIC BEACHES, BOATING
                                     FACILITIES, FISHING AREAS AND WATERFRONT PARKS.


               EXPLANATION OF POLICY


               Public recreation resources are found in and adjacent to Tivoli Bays Estuarine Sanctuary and
               Significant Habitat. Access to this area should be improved by providing additional marked
               trails to the water's edge to allow hiking and portage of canoes to the Tivoli North Bay.

               The hike from the existing DEC parking lots, located on Route 9G and Kidd Lane in Red Hook
               south of Tivoli, to the Estuarine Sanctuary is long and makes the sanctuary inaccessible to a



                                                             111-16








              large group of people. Additional access to Tivoli Bays could be provided via the DEC
   is         easement in the Village of Tivoli and via a boat launch at the Riverfront landing area.

              In response to the Greenway Council Report, the Village should explore linkages with access
              opportunities in adjoining municipalities, particularly Red Hook.

              To ensure that public access to the waterfront is maintained and increased, the Village of Tivoli
              will:


                      a)      Preserve public access, both physical and visual, to the Hudson River and the
                              opposite shoreline, wherever feasible, and discourage development that is
                              insensitive to the preservation of access..

                      b)      Improve adjacent and upland views of the water wherever feasible, through
                              private volunteer efforts and through site plan review and other land use controls.

                      C)      Seek cooperative agreements with the State and federal governments regarding
                              long-term use and management of State and federal park lands and natural areas
                              along the waterfront that insure public access for recreation and promote other
                              opportunities for mutual cooperation and assistance.

              The following guidelines will be used in determining the consistency of a proposed action with
              this policy:

              1.      The existing access from adjacent or proximate public lands or facilities to public water-
                      related recreation resources and facilities shall not be reduced, nor shall the possibility
                      of increasing access in the future from adjacent or proximate public lands or facilities to
                      public water-related recreation resources and facilities be eliminated, unless in the latter
                      case, estimates of future use of these resources and facilities are too low to justify
                      maintaining or providing increased public access or unless such actions are found to be
                      necessary or beneficial by the public body having jurisdiction over such access as the
                      result of a reasonable justification of the need to meet systematic objectives.

                      The following is an explanation of the terms used in the above guidelines:

                      a.      Access - the ability and right of the public to reach and use public coastal lands
                              and waters.


                      b.      Public water-related recreation resources or facilities -all public lands or facilities
                              that are suitable for passive or active recreation that requires either water or a
                              waterfront location or is enhanced by a waterfront location.



   40                                                         111-17








                      C.      Public lands or facilities - lands or facilities held by State or local government in
                              fee simple or less-than-fee simple ownership and to which the public has access
                              or could have access, including underwater lands and the foreshore.

                      d.      A reduction in the existing level of public access - includes, but is not limited to,
                              the following:

                              1)      The number of parking spaces at a public water-related recreation resource
                                      or facility is significantly reduced.

                              2)      The service level of public transportation to a public water-related
                                      recreation resource or facility is significantly reduced during peak season
                                      use and such reduction cannot be reasonably justified in terms of meeting
                                      systemwide objectives.

                              3)      Pedestrian access is diminished or eliminated because of hazardous
                                      crossings required at new or altered transportation facilities, electric
                                      power transmission lines, or similar linear facilities.

                              4)      There are substantial increases in the following: already existing special
                                      fares (not including regular fares in any instance) of public transportation
                                      to a public water-related recreation resource or facility, except where the
                                      public body having jurisdiction over such fares determines that such
                                      substantial fare increases are necessary; and/or admission fees to such a
                                      resource or facility, and an analysis shows that such increases will
                                      significantly reduce usage by individuals or families with incomes below
                                      the State government established poverty level.

                      e.      An elimination of the possibility of increasing public access in the future includes,
                              but is not limited to, the following:

                              1)      Construction of public facilities which physically prevent the provision,
                                      except at great expense, of convenient public access to public water-
                                      related recreation resources and facilities.

                              2)      Sale, lease, or other transfer of public lands that could provide public
                                      access to a public water-related recreation resource or facility.

                              3)      Construction of private facilities which physically prevent the provision
                                      of convenient public access to public water-related recreation resources or
                                      facilities from public lands and facilities.

              2.      Any proposed project to increase public access to public water-related recreation
                      resources and facilities shall be analyzed according to the following factors:


                                                              111-18








                     a.      The level of access to be provided should be in accord with estimated public use.
                             if not, the proposed level of access to be provided shall be deemed inconsistent
                             with the policy.

                     b.      The level of access to be provided shall not cause a degree of use which would
                             exceed the physical capability of the resource or facility. If this were determined
                             to be the case, the proposed level of access to be provided shall be deemed
                             inconsistent with the policy.

              3.     The State will not undertake or fund any project which increases access to a water-related
                     resource or facility that is not open to all members of the public.

              4.     In their plans and programs for increasing public access to public water-related resources
                     and facilities, State agencies shall give priority in the following order to projects located:
                     within the boundaries of the Federal-Aid Metropolitan Urban Area and served by public
                     transportation; within the boundaries of the Federal-Aid Metropolitan Urban Area but
                     not served by public transportation; outside the defined Urban Area boundary and served
                     by public transportation; and outside the defined Urban Area boundary but not served by
                     public transportation.,

              POLICY 20              ACCESS TO THE PUBLICLY-OWNED FORESHORE AND To
                                     LANDS IMMEDIATELY ADJACENT TO THE FORESHORE, OR
                                     THE WATER'S EDGE THAT ARE PUBLICLY OWNED SHALL BE
                                     PROVIDED, AND IT SHOULD BE PROVIDED IN A MANNER
                                     COMPATIBLE WITH ADJOINING USES. SUCH LANDS SHALL
                                     BE RETAINED IN PUBLIC OWNERSHIP.


              EXPLANATION OF POLICY


              Since there are little or no recreation facilities providing specific water-related recreational
              activities within Tivoli, access to the publicly-owned lands of the coast at large should be
              provided for activities and pursuits which require only minimal facilities for their enjoyment.
              Such access would provide for walking along the waterfront or to a vantage point from which
              to view the river. Similar activities requiring access would include bicycling, birdwatching,
              photography, nature study, fishing and hunting.

              For those activities, there are several methods of providing access which will receive priority
              attention of the Tivoli L)V". These include: the development of a coastal trails system and
              the provision of access across transportation facilities to the waterfront. Such facilities should
              be provided on public lands purchased by DEC to buffer the Tivoli Bays Estuarine Sanctuary.
              Any future development in the estates area should provide such facilities as part of site design.



   0                                                          111-19









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

               The following guidelines will be used in determining the consistency of a proposed action with
               this policy:

               1.     Existing access from adjacent or proximate public lands or facilities to     existing public
                      coastal lands and/or waters shall not be reduced, nor shall the probability of increasing
                      access in the future from adjacent or nearby public lands or facilities to public coastal
                      lands and/or waters be eliminated, unless such actions are demonstrated to be of
                      overriding regional or statewide public benefit, or in the latter case, estimates of future
                      use of these lands and waters are too low to justify maintaining or providing increased
                      access.


                      The following is an explanation of the terms used in the above guidelines:

                      a.      (See definitions under Policy 19 of "access", and "public lands or facilities").

                      b.      A reduction in the existing level of public access - includes, but is not limited to,
                              the following:

                              1)     Pedestrian access is diminished or eliminated because of hazardous
                                     crossings required at new or altered transportation facilities, electric
                                     power transmission lines, or similar linear facilities.

                              2)-    Pedestrian access is diminished or blocked completely by public or private
                                     development.

                      C.      An elimination of the possibility of increasing public access in the future -
                              includes, but is not limited to, the following:

                              1)     Construction of public facilities which physically prevent the provision,
                                     except at great expense, of convenient public access to public water-
                                     related recreation resources and facilities.


                              2)     Sale, lease, or other conveyance of public lands that could provide public
                                     access to public coastal lands and/or waters.

                              3)     Construction of private facilities which physically prevent the provision
                                     of convenient public access to public coastal lands and/or waters from
                                     public lands and facilities.




                                                             111-20








             2.      The existing level of public access within public coastal lands or waters shall not be
                     reduced or eliminated.


                     a.     A reduction in the existing level of public access - includes, but is not limited to,
                            the following:

                            i)      Access is reduced or eliminated because of hazardous crossings required
                                    at new or altered transportation facilities, electric power transmission
                                    lines, or similar linear facilities.

                            ii)     Access is reduced or blocked completely by any public developments.

             3.      Public access from the nearest public roadway to the shoreline and along the coast shall
                     be provided by new land use or development, except where (a) it is inconsistent with
                     public safety, military security, or the protection of identified fragile coastal resources;
                     (b) adequate access exists within one-half mile; or (c) agriculture would be adversely
                     affected. Such access shall not be required to be open to public use until a public agency
                     or private association agrees to accept responsibility for maintenance and liability of the
                     accessway.

             4.      The State will not undertake or fund any project which increases access to a water-related
                     resource or facility that is not open to all members of the public.

             5.      Proposals for increased public access to coastal lands and waters shall be analyzed
                     according to the following factors:

                     a.     The level of access to be provided should be in accord with estimated public use.
                            If not, the proposed level of access to be provided shall be deemed inconsistent
                            with the policy.

                     b.     The level of access to be provided shall not cause a degree of use which would
                            exceed the physical capability of the resource. If this were determined to be the
                            case, the proposed level of access to be provided shall be deemed inconsistent
                            with the policy.














                                                            111-21










          RECREATION POLICIES


          POLICY 21       WATER-DEPENDENT AND WATER-ENHANCED RECREATION
                          WILL BE ENCOURAGED AND FACILITATED, AND WILL BE
                          GIVEN PRIORITY OVER NON-WATER RELATED USES ALONG
                          THE COAST9 PROVIDED IT IS CONSISTENT WITH THE
                          PRESERVATION AND ENHANCEMENT OF OTHER COASTAL
                          RESOURCES AND TAKES INTO ACCOUNT DEMAND FOR SUCH
                          FACILITIES. IN FACILITATING SUCH ACTIVITIES, PRIORITY
                          SHALL BE GIVEN TO AREAS WHERE ACCESS TO THE
                          RECREATION OPPORTUNITIES OF THE COAST CAN BE.
                          PROVIDED BY NEW OR EXISTING PUBLIC TRANSPORTATION
                          SERVICES AND TO THOSE AREAS WHERE THE USE OF THE
                          SHORE IS SEVERELY RESTRICTED BY EXISTING
                          DEVELOPMENT.


          POLICY 21A      INCREASE PUBLIC ACCESS TO THE TIVOLI BAYS ESTUARINE
                          SANCTUARY AND ADJACENT BUFFER LANDS THROUGH
                          PROVISION OF A WIDE VARIETY OF WATER RELATED
                          RECREATION FACILITIES AND EDUCATIONAL PROGRAMS.


          POLICY 21B      PROVIDE BOATING ACCESS TO THE HUDSON RIVER
                          THROUGH CONSTRUCTION OF A STATE BOAT LAUNCH NEAR
                          THE VILLAGE LANDING AND A CANOE LAUNCH INTO NORTH
                          TIVOLI BAY.


          EXPLANATION OF POLICY

          Water-related recreation includes such obviously water-dependent activities as boating, and
          fishing, as well as certain activities which are enhanced by a coastal location and increase the
          general public's access to the coast such as pedestrian and bicycle trails, picnic areas, scenic
          overlooks and passive recreation areas that take advantage of coastal scenery.

          Because most waterfront land has been privately owned, the residents of Tivoli have generally
          experienced little contact with the resources of Tivoli North Bay. Purchases by DEC of upland
          buffer have created opportunities for overlooks, wildlife observation stations, and hiking trails.
          Such facilities should be developed in Tivoli which would link to similar facilities along the
          Sanctuary in the Town of Red Hook.

          Educational programs should be developed for use in the Village of Tivoli summer recreation
          program for children. Field trips into the sanctuary could be provided for the children,
          supported by educational material in the Public Library and posting of scheduled educational
          programs on an announcement board at the Library or in Memorial Park.



                                          111-22








             Provided the development of water-related recreation is consistent with the preservation and
             enhancement of such important coastal resources as fish and wildlife habitats, aesthetically
             significant areas, historic and cultural resources, agriculture and significant mineral and fossil
             deposits, and provided demand exists, water-related recreation development (of a scale
             compatible with the limits of the resources and access opportunities) is to be increased and such
             uses shall have a higher priority than any non-coastal dependent uses, including non-water-
             related recreation uses. In addition, water-dependent recreation uses shall have a higher priority
             over water-enhanced recreation uses. Determining a priority among water-dependent uses will
             require a case by case analysis.

             Construction of a canoe launch for canoe trips in the Sanctuary would provide for water
             dependent recreation and further wildlife observation activities.

             The Village Landing has been identified in the Hudson River Access Forum's report as having
             significant potential for a boat launch. An existing gravel-surfaced ramp owned by CONRAIL
             is deteriorated. This should be repaired by either CONRAIL or DEC for use as a public boat
             ramp.

             POLICY 22              DEVELOPMENT, WHEN LOCATED ADJACENT TO THE SHORE,
                                    WILL PROVIDE FOR WATER-RELATED RECREATION
                                    WHENEVER SUCH USE IS COMPATIBLE WITH REASONABLY
                                    ANTICIPATED DEMAND FOR SUCH ACTIVITIES, AND IS
                                    COMPATIBLE WITH THE PRIMARY PURPOSE OF THE
                                    DEVELOPMENT.


             EXPLANATION OF POLICY


             Many developments present practical opportunities for providing recreation facilities as an
             additional use of the site or facility. Therefore, whenever developments are located adjacent to
             the shore they should to the fullest extent permitted by existing law provide for some form of
             water-related recreation use unless there are compelling reasons why any form of such recreation
             would not be compatible with the development, or a reasonable demand for public use cannot
             be foreseen.


             The types of development which can generally provide water-related recreation as a multiple use
             include, but are not limited to:

             parks
             mental health facilities
             hospitals
             schools, universities
             nature preserves
             multiple family residential uses, and
             appropriate commercial uses


                                                           111-23








              Because the railroad tracks lie along the edge of the Hudson River in Tivoli, the types of uses
              likely to be provided outside of the Estuarine Sanctuary are passive forms of recreation such as
              trails and observation points for viewing the river and the western shorelands and for observing
              wildlife.


              Prior to taking action relative to any development, agencies should consult with the State Office
              of Parks, Recreation, and Historic Preservation. And the Village for the opportunity to
              participate in project planning.

              Appropriate recreation uses which do not require any substantial additional construction shall be
              provided at the expense of the project sponsor provided the cost does not exceed 2% of total
              project cost.

              In determining whether compelling reasons exist which would make inadvisable recreation as
              a multiple use, safety considerations should reflect a recognition that some risk is acceptable in
              the use of recreational facilities.



              HISTORIC RESOURCES AND SCENIC RESOURCES POLICIES


              POLICY 23             PROTECT, ENHANCE AND RESTORE STRUCTURES,
                                    DISTRICTS, AREAS OR SITES THAT ARE OF SIGNIFICANCE IN
                                    THE HISTORY, ARCHITECTURE, ARCHEOLOGY OR CULTURE
                                    OF THE STATE, ITS COMMUNITIES, OR THE NATION.

              EXPLANATION OF POLICY

              Among the most valuable of the State's man-made resources are those structures or areas which
              are of historic, archeological, or cultural significance. The protection of these structures must
              involve a recognition of their importance by all agencies and the ability to identify and describe
              them. Protection must include concern notjust with specific sites but with areas of significance,
              and with the area around specific sites. The policy is not to be construed as a passive mandate
              but must include effective efforts when appropriate to restore or revitalize through adaptive
              reuse. While the program is concerned with the preservation of all such resources within the
              coastal boundary, it will actively promote the preservation of historic and cultural resources
              which have a coastal relationship.

              Three estates in Tivoli - Rosehill, Callendar House and the Pynes -with their outbuildings and
              environs are listed on the National Register of Historic Places as part of the Sixteen Mile
              Historic District. Also included in the District are the old Hudson River Landing on Friendship
              Street and lower Dock Road and St. Paul's Church on Woods Road. The old Village Firehouse
              has been listed on both the State and National Registers_of Historic Places.





                                                            111-24







              The structures, districts, areas or sites that are of significance in the history, architecture,
              archeology or culture of the State, its communities, or the Nation comprise the following
              resources:


              1)      A resource which is in a federal or State Park established, among other reasons, to
                      protect and preserve the resource.

              2)      A resource on, nominated to be on, or determined eligible to be on the National or State
                      Registers of Historic Places.

              3)      A resource on or nominated to be on the State Nature and Historic Preserve Trust.

              4)      An archeological resource which is on the State Department of Education's inventory of
                      archeological sites.

              5)      A local landmark, park, or locally designated historic district that is located within the
                      boundary of an approved local waterfront revitalization program.

              All practicable means to protect structures, districts, areas or sites that are of significance in the
              history, architecture, archeology or culture of the State, its communities or the Nation shall be
              deemed to include the consideration and adoption ofany techniques, measures, or controls to
              prevent a significant adverse change to such significant structures, districts, areas or sites. A
              significant adverse change includes, but is not limited to:

              1)      Alteration of or addition to one or more of the architectural, structural, ornamental or
                      functional features of a building, structure, or site that is a recognized historic, cultural,
                      or archeological resource, or component thereof.              Such features are defined as
                      encompassing the style and general arrangement of the exterior of a structure and any
                      original or historically significant interior features including type, color and texture of
                      building materials; entry ways and doors; fenestration; lighting fixtures; roofing,
                      sculpture and carving; steps; rails; fencing; windows; vents and other openings;
                      grillwork;    signs;   canopies;    and other appurtenant fixtures and, in addition, all
                      buildings, structures, outbuildings, walks, fences, steps, topographical features,
                      earthworks, paving and signs located on the designated resource property. (To the extent
                      they are relevant, the Secretary of the Interior's "Standards for Rehabilitation and
                      Guidelines for Rehabilitating Historic Buildings" shall be adhered to.)

              2)      Demolition or removal in full or part of a building, structure, or earthworks, that is a
                      recognized historic, cultural, or archeological resource or component thereof, to include
                      all those features described in (a) above plus any other appurtenant fixture associated
                      with a building structure or earthwork.

              3)      All proposed actions within 500 feet of the perimeter of the property boundary of the
                      historic, architectural, cultural, or archeological resource and all actions within an


                                                               111-25









                     historic district that would be incompatible with the objective of preserving the quality
                     and integrity of the resource. Primary considerations to be used in making judgement
                     about compatibility should focus on the visual and locational relationship between the
                     proposed action and the special character of the historic, cultural, or archeological
                     resource. Compatibility between the proposed action and the resource means that the
                     general appearance of the resource should be reflected in the architectural style, design,
                     material, scale, proportion, composition, mass, line, color, texture, detail, setback,
                     landscaping and related items of the proposed actions. With historic districts this would
                     include infrastructure improvements or changes, such as, street and sidewalk paving,
                     street furniture and lighting.

              This policy shall not be construed to prevent the construction, reconstruction, alteration, or
              demolition of any building, structure, earthwork, or component thereof of a recognized historic,
              cultural or archeological resource which has been officially certified as being imminently
              dangerous to life or public health. Nor shall the policy be construed to prevent the ordinary
              maintenance, repair, or proper restoration according to the U.S. Department of Interior's
              Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings of any building,
              structure, site or earthwork, or component thereof of a recognized historic, cultural or
              archeological resource which does not involve a significant adverse change to the resource, as
              defined above.

              The NYS Office of Parks, Recreation, and Historic Preservation has identified the Tivoli area
              as sensitive for the presence of archeological sites, representing settlement patterns important
              to our understanding of the State's prehistory and history. Any ground-modifying construction
              should be preceeded by an archeological investigation through consultation with the State
              Historic Preservation Officer when necessary.

              POLICY 24              PREVENT IMPAIR1WENT OF SCENIC RESOURCES OF
                                     STATEWIDE SIGNMCANCE.


              EXPLANATION OF POLICY

              This policy is currently not applicable to the Tivoli LWRP because no Scenic Areas of Statewide
              Significance have, as yet, been designated by the NYS Secretary of State. However, the
              Department of State has completed the inventory and analysis work for proposing ten candidate
              Scenic Areas of Statewide Significance in the Hudson River Valley. The Village of Tivoli falls
              within the proposed Estate District Scenic Area of Statewide Significance. Designation of the
              Estate District by the Secretary of State is still pending.

              POLICY 24A             PREVENT IMPAIRMENT OF SCENIC RESOURCES
                                     INCORPORATED WITHIN THE N11ID-HUDSON HISTORIC
                                     SHORELANDS SCENIC DISTRICT.





                                                             111-26











             EXPLANATION OF POLICY


             The Village of Tivoli is wholly contained within the Mid-Hudson Historic Shorelands Scenic
             District, designated under Article 49 of the Environmental Conservation Law.

             When considering a proposed action, agencies shall first determine whether the action could
             affect a scenic resource of statewide significance. This determination would involve: (a) a
             review of the coastal area map to ascertain if it shows an identified scenic resource which could
             be affected by the proposed action, and (b) a review of the types of activities proposed to
             determine if they would be likely to impair the scenic beauty of an identified resource. The
             following siting and facility-related guidelines are to be used to achieve this policy, recoggizing
             that each development situation is unique and that the guidelines will have to be applied
             accordingly. Guidelines include:

                    siting structures and other development such as highways, power lines, and signs, back
                    from shorelines or in other inconspicuous locations to maintain the attractive quality of
                    the shoreline and to retain views to and from the shore;

                    clustering or orienting structures to retain views, save open space and provide visual
                    organization to a development;

                    incorporating sound, existing structures (especially historic buildings) into the overall
                    development scheme;

                    removing deteriorated and/or degrading elements;

                    maintaining or restoring the original land form, except when changes screen unattractive
                    elements and/or add appropriate interest;

                    maintaining or adding vegetation to provide interest, encourage the presence of wildlife,
                    blend structures into the site, and obscure unattractive elements, except when selective
                    clearing removes unsightly, diseased or hazardous vegetation and when selective clearing
                    creates views of coastal waters;

                    using appropriate materials, in addition to vegetation, to screen unattractive elements;

                    using appropriate scales, forms and materials to ensure that buildings and other structures
                    are compatible with and add interest to the landscape.


             PRESERVATION OF THE ESTATES


             Each estate landscape must be carefully evaluated to determine its important historic and scenic
             elements. These may include the main house and yard, historic gardens and significant trees,


                                                           111-27









               the gateway and gatehouse, the entry avenue, and accessory buildings. Every effort must be
               made to retain these elements within any new development.

               Continued use of many of these estates as private dwellings is preferred, but adaptive reuse of
               the main house with or without additional changes in uses of the surrounding acreage may be
               necessary. If residential units or other new buildings are proposed, cluster type of development
               is the most desirable option to pursue. Unlike a traditional subdivision approach, cluster
               development can preserve the visual and historical integrity of the estate grounds by maintaining
               a single road access and screening new structures from the river and the main roadway.

               The cluster technique can be effectively utilized to preserve the character of the estate property
               while accommodating new residential development. Clustering would provide a development
               pattern far more consistent with Scenic District objectives than a traditional lot-by-lot subdivision
               approach.

               POLICY 25              PROTECT, RESTORE OR ENHANCE NATURAL AND MAN-
                                      MADE RESOURCES WHICH ARE NOT ]IDENTIFIED AS BEING
                                      OF STATEWIDE SIGNIFICANCE, BUT WHICH CONTRIBUTE TO
                                      THE OVERALL SCENIC QUALITY OF THE COASTAL AREA.

               EXPLANATION OF POLICY

               See Policy 24A for a discussion of the Mid-hudson Historic Shorelands Scenic District.

               Woods Road, from St. Paul's Church north to the Columbia County line, has been designated
               as a Scenic Road under Article 49 of the Environmental Conservation Law. The scenic corridor
               of Woods Road is predominantly rural with a canopy of trees, primarily evergreens. In the case
               of new development, a buffer of trees at least twenty-five feet deep should be preserved on
               either side of Woods Road and. only a limited number of curb cuts or driveways should be
               allowed. Care should be taken not to encourage a level of traffic which would require widening
               of the road and loss of its intimate, winding character. Signs should be grouped at intersections
               to avoid proliferation of individual signs.

               To improve the corridor of Route 9G, landscaping of existing businesses will be encouraged.
               Clustering of new businesses, limitation of curb cuts, and placing parking behind structures can
               be used to avoid strip development and associated negative visual impacts. The original
               landform should be retained wherever possible, and construction design and materials should
               reflect the historic nature of the area.

               There are few opportunities for viewing the Hudson River from public property. Views are
               available from the end of Broadway, at the Village Landing, and from land west of the railroad
               tracks. These views should not be blocked by new development.




                                                              111-28







             The opportunity for public overlooks will be created as DEC provides upland buffer along North
             Tivoli Bay. The buffer lands do slope up from the water and provide views to the Tivoli Bays,
             the Hudson River, and its western shorelands. Public facilities, such as overlooks with benches,
             should be provided by DEC so that local residents and other visitors can enjoy the views.


             AGRICULTURAL LANDS POLICY

             POLICY 26             TO CONSERVE AND PROTECT AGRICULTURAL LANDS IN THE
                                   STATE'S COASTAL AREA, AN ACTION SHALL NOT RESULT IN
                                   A LOSS, NOR U"AIR THE PRODUCTIVITY OF PUPORTANT
                                   AGRICULTURAL LANDS, AS IDENTIFIED ON THE COASTAL
                                   AREA MAP, IF THAT LOSS OR 11"AIRMIENT WOULD
                                   ADVERSELY AFFECT THE VIABILITY OF AGRICULTURE IN
                                   AN AGRICULTURAL DISTRICT OR IF THERE IS NO
                                   AGRICULTURAL DISTRICT, IN THE AREA SURROUNDING
                                   SUCH LANDS.


             EXPLANATION OF POLICY

             There is limited agricultural use of land in Tivoli at this time, but there is good potential for
             agricultural development because of the suitability of the soils. Agricultural land in the Village
             is separated into three parcels (see Map 8). The agricultural land within the Village is greater
             than 25 % land of Statewide Significance, but less than 25 % prime farmland. In addition, a
             portion of Dutchess County Agricultural District Number 20 is within the Village of Tivoli's
             Waterfront Revitalization Area. Land formerly in agricultural use within the Village is presently
             zoned 3 acre and 2 acre lot residential which provides for the principal uses of agriculture;
             dwelling - one family; farm; farm house; parks - public and private; and playgrounds.

             Given the Program's application to a narrow strip of land, implementing a policy of promoting
             agricultural use of land must, to be practical, concentrate on controlling the replacement of
             agricultural land uses with non-agricultural land use as the result of some public action. The
             many other factors such as markets, taxes, and regulations, which influence the viability of
             agriculture in a given area, can only be addressed on a Statewide or national basis.

             The Program policy requires a concern for the loss of any important agricultural land.
             However, the primary concern must be with the loss of agricultural land when that loss would
             have a significant effect on an agricultural area's ability to continue to exist, to prosper, and
             even to expand.








                                                           111-29










              ENERGY AND ICE MANAGEMENT POLICIES

              POLICY 27              DECISIONS ON THE SITING AND CONSTRUCTION OF MAJOR
                                     ENERGY FACILITIES IN THE COASTAL AREA WILL BE BASED
                                     ON PUBLIC ENERGY NEEDS, COMPATIBILITY OF SUCH
                                     FACILITIES WITH THE ENVIRONMENT, AND THE FACILITY'S
                                     NEED FOR A SHOREFRONT LOCATION.



              EXPLANATION OF POLICY

              Demand for energy in New York will increase, although at a rate slower than previously
              predicted.   The State expects to meet these energy demands through a combination of
              conservation measures; traditional and alternative technologies; and use of various fuels,
              including coal, in greater proportion.

              A determination of public need for energy is the first step in the process for siting any new
              facilities. The directives for determining this need are set forth in the New York State Energy
              law. With respect to transmission lines and steam electric generating facilities, Article VII of
              the State's Public Service Law requires additional forecasts and establishes the basis for
              determining the compatibility of these facilities with the environment and the necessity for a
              shorefront location.    With respect to electric generating facilities, environmental impacts
              associated with siting and construction will be considered by one or more State agencies or, if
              in existence, an energy siting board. The policies derived from these proceedings are entirely
              consistent with the general coastal zone policies derived from other laws, particularly the
              regulations promulgated pursuant to the Waterfront Revitalization of Coastal Areas and Inland
              Waterways Act. The Act is used for the purposes of ensuring consistency with the State Coastal
              Management Program and this Local Waterfront Revitalization Program.

              In consultation with the Village of Tivoli, the Department of State will comment on State Energy
              Office policies and planning reports as may exist; present testimony for the record during
              relevant proceedings under State Law and use the State SEQR and DOS regulations to ensure
              that decisions on other proposed energy facilities (other than those certified under the Public
              Service Law) which would impact the waterfront area are made consistent with the policies and
              purposes of this Local Waterfront Revitalization Program.

              POLICY 28              ICE MANAGEMENT PRACTICES SHALL NOT DAMAGE
                                     SIGNMCANT FISH AND WILDLIFE AND THEIR HABITATS,
                                     INCREASE SHORELINE EROSION OR FLOODING OR
                                     INTERFERE WITH THE PRODUCTION OF HYDROELECTRIC
                                     POWER.






                                                             111-30










            EXPLANATION OF POLICY


            Prior to undertaking actions required for ice management, an assessment must be made of the
            potential effects of such actions upon the production of hydroelectric power, fish and wildlife
            and their habitats as will be identified in the Coastal Area Maps, flood levels and damage, rates
            of shoreline erosion damage, and upon natural protective features.

            Following such an examination, adequate methods of avoidance or mitigation of such potential
            effects must be utilized if the proposed action is to be implemented.

            POLICY 29              THE STATE COASTAL POLICY REGARDING THE
                                   DEVELOPMENT OF ENERGY RESOURCES ON THE OUTER
                                   CONTINENTAL SHELF IS NOT APPLICABLE TO TIVOLI.

            WATER AND AIR RESOURCES POLICIES

            POLICY 30              MUNICr-PAL, INDUSTRIAL, AND COMMERCIAL DISCHARGE
                                   OF POLLUTANTS,INCLUDING BUT NOT LIMITED TO, TOXIC
                                   AND HAZARDOUS SUBSTANCES INTO COASTAL WATERS
                                   WILL CONFORM TO STATE AND NATIONAL WATER QUALITY
                                   STANDARDS.


            EXPLANATION OF POLICY

            Municipal, industrial, and commercial discharges include not only "end-of-the-pipe" discharges
            into surface and groundwater, but also plant site runoff, leaching, spillage, sludge and other
            water disposal, and drainage from raw material storage sites. Also, the regulated industrial
            discharges are both those which directly empty into receiving coastal waters and those which
            pass through municipal treatment systems before reaching the State's waterways.

            POLICY 31              STATE COASTAL AREA POLICIES AND MANAGEMENT
                                   OBJECTIVES OF APPROVED LOCAL WATERFRONT
                                   REVITALIZATION PROGRAMS WILL BE CONSIDERED WHILE
                                   REVIEWING COASTAL WATER CLASSIFICATIONS AND WHILE
                                   MODIFYING WATER QUALITY STANDARDS. HOWEVER,
                                   THOSE WATERS ALREADY OVER-BURDENED WITH
                                   CONTAMINANTS WILL BE RECOGNIZED AS BEING A
                                   DEVELOPMENT CONSTRAINT.


            EXPLANATION OF POLICY


            Pursuant to the Federal Clean Water Act of 1977 (PL 95-217), the State has classified its coastal
            and other waters in accordance with considerations of best usage in the interest of the public and
            has adopted water quality standards for each class of waters. These classifications and standards


                                                          111-31









              are reviewable at least every three years for possible revision or amendment. Local Waterfront
              Revitalization Programs and State coastal management policies shall be factored into the review
              process for coastal waters. However, such consideration shall not affect any water pollution
              control requirement established by the State pursuant to the federal Clean Water Act.

              DEC Region 3 Fisheries Unit has proposed that Stony Creek be reclassified from "D" to "CM.
              Since the Creek is a source of water supply for Tivoli, its classification should be further
              upgraded to "A" above the dam to protect the water supply. In addition, the State Department
              of Health supports the recommendation to upgrade the classification to "A."

              In 1987, the Chief of the Groundwater Quality Management Section of DEC reconfirmed the
              Department's intention to upgrade a portion of Stony Creek to Class "A" upstream from Tivoli's
              water supply intake point. This was in response to Tivoli's application for reclassification of
              Stony Creek to "AA" as submitted in July, 1986.

              The Hudson River as it flows past Tivoli is classified "A", suitable for all uses including water
              supply, and should remain so classified.

              See also Policies 7, 38.

              POLICY 32             ENCOURAGE THE USE OF ALTERNATIVE OR INNOVATIVE
                                    SANITARY WASTE SYSTEMS IN SMALL COMMUNITIES
                                    WHERE THE COSTS OF CONVENTIONAL FACILITIES ARE
                                    UNREASONABLY HIGH, GIVEN THE SIZE OF THE EXISTING
                                    TAX BASE OF THESE COMMUNITIES.


              EXPLANATION OF POLICY

              Alternative systems include individual septic tanks and other subsurface disposal systems, dual
              systems, small systems serving clusters of households or commercial users, and pressure or
              vacuum sewers. These types of systems are often more cost effective in smaller less densely
              populated communities and for which conventional facilities are too expensive.

              On the other hand, the Village is presently served by municipal water and sewer facilities except
              in the waterfront area.    Connection of new development to these facilities will promote
              efficiency and would generally be the preferred option. However, in unusual circumstances the
              Village and other regulatory agencies could consider allowing smaller alternative systems.

              POLICY 33 BEST MANAGEMENT PRACTICES WILL BE USED TO ENSURE THE
                             CONTROL OF STORMWATER RUNOFF AND COMBINED SEWER
                             OVERFLOWS DRADONG INTO COASTAL WATERS.






                                                           111-32










             EXPLANATION OF POLICY


             Best management practices include both structural and non-structural methods of preventing or
             mitigating pollution caused by the discharge of storm water runoff and combined sewer
             overflows. At present, structural approaches to controlling stormwater runoff (e.g., construction
             of retention basins) and combined sewer overflows (e.g., replacement of combined system with
             separate sanitary and stormwater collection systems) are not economically feasible. Proposed
             amendments to the Clean Water Act, however, will authorize funding to address combined sewer
             overflows in areas where they create severe water quality impacts. Until funding for such
             projects becomes available, non-structural approaches (e.g. improved street cleaning, reduced
             use of road salt) will be encouraged. The Village has an existing separated stormwater and
             sewage system, but there are still roof drains and sump pumps that empty into the sewer lines.
             This condition presents an enforcement problem that is difficult and costly to correct, but the
             Village is working on plans to do so.

             See Policy 37.

             POLICY 34              DISCHARGE OF WASTE MATERIAL INTO COASTAL WATERS
                                    FROM VESSELS SUBJECT TO STATE JURISDICTION WILL BE
                                    LIMITED SO AS TO PROTECT SIGNIFICANT FISH AND
                                    WILDLIFE HABITATS, RECREATIONAL AREAS AND WATER
                                    SUPPLY AREAS.


             EXPLANATION OF POLICY

             The discharge of sewage, garbage, rubbish, and other solid and liquid materials from watercraft
             and marinas into the State's waters is regulated. Priority will be given to the enforcement of
             this law in areas such as shellfish beds and other significant habitats, beaches, and public water
             supply intakes, which need protection from contamination by vessel wastes. Also, specific
             effluent standards'for marine toilets have been promulgated by the Department of Environmental
             Conservation (6 NYCRR, Part 657).

             Any new water-dependent activities on Tivoli's waterfront, where permitted, shall provide
             pump-out facilities to protect the "A" classification of the Hudson River and the Tivoli Bays
             Significant Habitat. In addition, such activities shall include, where appropriate and feasible,
             protective measures to mitigate impacts from fuel transfers, oil and grease from bilge pumpout,
             hydro-carbon emissions in exhaust gases, and impacts from toxic anti-foulant paints.

             POLICY 35              DREDGING AND DREDGE SPOIL DISPOSAL IN COASTAL
                                    WATERS WILL BE UNDERTAKEN IN A MANNER THAT MEETS
                                    EXISTING STATE DREDGING PERMIT REQUIREMENTS, AND
                                    PROTECTS SIGNIFICANT FISH AND WILDLIFE HABITATS,
                                    SCENIC RESOURCES, NATURAL PROTECTIVE FEATURES,
                                    IMPORTANT AGRICULTURAL LANDS, AND WETLANDS.


                                                           111-33










              EXPLANATION OF POLICY-


              Dredging often proves to be essential for waterfront revitalization and development, maintaining
              navigation channels at sufficient depths, pollutant removal and meeting other coastal management
              needs. Such dredging projects, however, may adversely affect water quality, fish and wildlife
              habitats, wetlands and other important coastal resources. Often these adverse effects can be
              minimized through careful design and timing of the dredging operation and proper siting of the
              dredge spoil disposal site. However, there is no room for dredge spoils in the river landing area
              or along, the riverfront in Tivoli. Since the channel is immediately adjacent to Tivoli's
              riverfront, it is unlikely that any mining, excavation or dredge activities would take place due
              to underwater bedrock exposure on Tivoli's side of the channel.

              POLICY 36              ACTIVITIES RELATED TO THE SHIPMENT AND STORAGE OF
                                     PETROLEUM AND OTHER HAZARDOUS MATERIALS WELL BE
                                     CONDUCTED IN A MANNER THAT WILL PREVENT OR AT
                                     LEAST MINIMIZE SPILLS INTO COASTAL WATERS; ALL
                                     PRACTICABLE EFFORTS WILL BE UNDERTAKEN TO
                                     EXPEDITE THE CLEANUP OF SUCH DISCHARGES; AND
                                     RESTITUTION FOR DAMAGES WILL BE REQUIRED WHEN
                                     THESE SPILLS OCCUR.


              EXPLANATION OF POLICY


              See Policy 39 for definition of hazardous materials.

              For the purpose of this policy, creosote railroad ties are identified as hazardous materials and
              shall not be stored or disposed of in a manner which would contribute pollutants to the Hudson
              River or the Significant Habitat. Transfer of coal from river to land transportation modes also
              can contribute pollutants to the Hudson River and should be closely monitored.

              POLICY 37              BEST MANAGEMENT PRACTICES WILL BE UTILIZED TO
                                     MMNUfflZE THE NON-POINT DISCHARGE OF EXCESS
                                     NUTRIENTS, ORGANICS AND ERODED SOILS INTO COASTAL
                                     WATERS.


              EXPLANATION OF POLICY

              Best management practices used to reduce these sources of pollution include, but are not limited
              to, encouraging organic farming and pest management principles, soil erosion control practices,
              and surface drainage control techniques. Through the use of the Village Zoning Regulations and
              site plan review provisions, best management practices will be used to reduce such non-point
              pollution sources if any are identified in the future. Similar techniques are discussed as pertinent
              to the policies on erosion control (Policy 12) and stormwater runoff (Policy 33).



                                                             111-34







             Guidelines regulating development or construction to be used in implementing this policy include
             the following:

             1.      Runoff or other non-point pollutant sources from any specific development must not be
                     greater than would be the case under natural conditions. Appropriate techniques to
                     minimize such efforts shall include, but not be limited to, the use of stormwater detention
                     basins, rooftop runoff disposal, rooftop detention, parking lot storage and cistern storage.
             2.      The construction site, or facilities, should fit the land, particularly with regard to its
                     limitations.

             3.      Natural ground contours should be followed as closely as possible and grading
                     minimized.


             4.      Areas of steep slopes, where high cuts and fills may be required, should be avoided.

             5.      Extreme care should be exercised to locate artificial drainageways so that their final
                     gradient and resultant discharge velocity will not create additional erosion problems.

             6.      Natural protective vegetation should remain undisturbed if at all possible; otherwise
                     plantings should compensate for the disturbance.
   0         7.      The amount of time that disturbed ground surfaces are exposed to the energy of rainfall
                     and runoff water should be limited.

             8.      The velocity of the runoff water on all areas subject to erosion should be reduced below
                     that necessary to erode the materials.

             9.      Sufficient ground cover should be applied to restrain erosion on that portion of the
                     disturbed area undergoing no further active disturbances.

             10.     Runoff from a site should be collected and detained in sediment basins to trap pollutants
                     which would otherwise be transported from the site.

             11.     Provision should be made for -permanent protection of downstream banks and channels
                     from the erosive effects of'increased velocity, and volume, and runoff resulting from
                     facilities constructed.

             12.     The angle for graded slopes and fills should be limited to an angle no greater than that
                     which can be retained by vegetative cover or other erosion control devices or structures.

             13.     The length, as well as the angle, of graded slopes should be minimized to reduce the
                     erosive velocity of runoff water.



                                                           111-35








              14.    Rather than merely minimize damage, take the opportunity to improve site conditions
                     wherever practicable.

              POLICY 38             THE QUALITY AND QUANTITY OF SURFACE WATER AND
                                    GROUNDWATER SUPPLIES, WELL BE CONSERVED AND
                                    PROTECTED, PARTICULARLY WHERE SUCH WATERS
                                    CONSTITUTE THE PRD4ARY OR SOLE SOURCE OF WATER
                                    SUPPLY.


              EXPLANATION OF POLICY

              Surface and groundwater are the principal sources of drinking water in the State, and therefore
              must be protected.

              The Hudson River, as it flows past Tivoli, is classified "A" suitable for all uses including a
              public water supply. As a supplement to the Village water supply, however, the cost of
              pumping water from the Hudson up 300 feet to the height of the water tower is prohibitive.
              Stony Creek should be protected for its water supply and drainage attributes. However, Stony
              Creek is a limited resource, and is not a year round constant source of water. It is likely that
              future significant growth can only be satisfied by additional water supply from other sources,
              such as an intake from the Hudson River.

              Recognizing that other communities along the Hudson River may look seriously toward the River
              for additional water supply needs, the Village of Tivoli would support the concept of (and
              participation with) a regional planning entity that would research the feasibilities of, and
              cumulative impacts associated with, possible regionalization of water supply needs from the
              Hudson River.

              POLICY 38A            THE STONY CREEK AND ITS WATERSHED ARE THE PRL14ARY
                                    WATER SUPPLY FOR THE VILLAGE OF TIVOLI. NO ACTION
                                    WILL BE UNDERTAKEN WHICH WELL ADVERSELY AFFECT
                                    PERCOLATION, INFILTRATION AND RECHARGE IN THE
                                    AREA OF STONY CREEK, VILLAGE WELLS OR THE TIVOLI
                                    CREEK WATERSHED.



              EXPLANATION OF-POLICY

              The Village has historically depended on groundwater for its water needs. In 1972 the Mill
              Pond Dam broke on the Stony Creek and a noticeable drop in the Village wells was noted.
              Since 1972, the Village has suffered a number of serious water shortages and has not been
              successful in locating alternative groundwater resources to meet the Village needs. The Village
              Board of Trustees decided, based on engineering studies, to dam Stony Creek and build a
              filtration plant to supplement existing groundwater resources. In order to protect this water


                                                           111-36








             supply, the New York State Department of Environmental Conservation should upgrade the
             Stony Creek water classification to an "A". DEC-designated wetland #SG-2 should not be filled
             or encroached upon by development. Refer to policies 7A, 8A, 31A, 40A.

             It is important to preserve the quality of the water in Stony Creek. The Lamunyan construction
             and demolition landfill and the Village of Tivoli landfill are in the Stony Creek watershed, as
             is the proposed landfill for incinerator ash from the Dutchess County Resource Recovery facility.
             The Village is extremely concerned about the potential adverse impacts from the incinerator ash
             landfill since it is within the Stony Creek watershed.

             POLICY 39              THE TRANSPORT, STORAGE, TREATMENT AND DISPOSAL OF
                                    SOLID WASTES, PARTICULARLY HAZARDOUS WASTES,
                                    WITHIN COASTAL AREAS WILL BE CONDUCTED IN SUCH A
                                    MANNER SO AS TO PROTECT GROUNDWATER AND SURFACE
                                    WATER SUPPLIES, SIGNIFICANT FISH AND WILDLIFE
                                    HABITATS, RECREATION AREAS, IMPORTANT
                                    AGRICULTURAL LANDS AND SCENIC RESOURCES.


             EXPLANATION OF POLICY


             The definitions of terms "solid wastes" and "solid waste management facilities" are taken from
             New York's Solid Waste Management Act (Environmental Conservation Law, Article 27). Solid
             wastes include sludge from air or water pollution control facilities, demolition and construction
             debris, and industrial and commercial wastes.

             Hazardous wastes are unwanted by-products of manufacturing processes generally characterized
             as being flammable, corrosive, reactive, or toxic. More specifically, waste is defined in
             Environmental Conservation Law (Section 27-0901 (3)) as "waste or combination of wastes
             which because of its quantity, concentration, or physical, chemical or infectious characteristics
             may: (1) cause, or significantly contribute to an increase in mortality or an increase in serious
             irreversible, or incapacitating reversible illness; or (2) pose a substantial present or potential
             hazard to human health or the environment when improperly treated, stored, transported or
             otherwise managed. " A list of hazardous wastes (NYCRR Part 371) has been adopted by DEC.

             Examples of solid waste management facilities include resource recovery facilities, sanitary
             landfills and solid waste reduction facilities. Although a fundamental problem associated with
             the disposal and treatment of solid wastes is the contamination of water resources, other related
             problems may include:        filling of -wetlands and littoral areas; atmospheric loading; and
             degradation of scenic resources.

             As noted in other policies, Stony Creek supplies water to the Village, and it is thus imperative
             that the Stony Creek watershed be protected from pollution.




                                                            111-37








              Conrail uses the waterfront area as a staging area for construction and repair activities, including
              temporary housing for employees. The staging area shall be operated in a manner that will not
              contribute pollutants to the soil, air, ground water and surface water.

              See Policy 36, 37, 38.

              POLICY 40               EFFLUENT DISCHARGE FROM MAJOR STEAM ELECTRIC
                                      GENERATING AND INDUSTRIAL FACILITIES INTO COASTAL
                                      WATERS WELL NOT BE UNDULY INJURIOUS TO FISH AND
                                      WILDLIFE AND SHALL CONFORM TO STATE WATER
                                      QUALITY STANDARDS.


              EXPLANATION OF POLICY


              A number of factors must be considered when reviewing a proposed site for facility construction.
              One of these factors is that the facility "not discharge any effluent that will be unduly injurious
              to the propagation and protection of fish and wildlife, the industrial development of the State,
              the public health, and public enjoyment of the receiving waters." The effects of thermal
              discharges on water quality and aquatic organisms will be considered by State agencies or, if
              applicable, a siting board when evaluating an applicant's request to construct a new electric
              generating facility.

              POLICY 40A              EFFLUENT DISCHARGE FROM MAJOR STEAM ELECTRIC
                                      GENERATING AND INDUSTRIAL FACILITIES WELL NOT BE                                   0
                                      UNDULY INJURIOUS TO A PUBLIC WATER SUPPLY AND
                                      SHALL CONFORM TO STATE WATER QUALITY STANDARDS.


              EXPLANATION OF POLICY


              Consolidated Edison has purchased large tracts of land east of Tivoli in the Town of Red Hook
              over the past several years. Any water discharge in the Stony Creek watershed from a major
              energy facility may significantly impact the water quality of the Stony Creek for public water
              consumption purposes. Any discharge in the vicinity of the Tivoli Bays may-adversely impact
              the Significant Habitat. Refer to Policies 7, 30, 31, 36.

              POLICY 41               LAND USE OR DEVELOPMENT IN THE COASTAL AREA WILL
                                      NOT CAUSE NATIONAL OR STATE AIR QUALITY STANDARDS
                                      TO BE VIOLATED.


              EXPLANATION OF POLICY

              New York's Coastal Management Program incorporates the air quality policies and programs
              developed for the State by the Department of Environmental Conservation pursuant to the Clean



                                                             111-38









             Air Act and State laws on air quality. The requirements of the Clean Air Act are the minimum
             air quality control requirements applicable within the coastal area.

             To the extent possible, the State Implementation Plan will be consistent with coastal lands and
             water use policies. Conversely, coastal management guidelines and program decisions with
             regard to land and water use and any recommendations with regard to specific sites for major
             new or expanded industrial, energy, transportation, or commercial facilities will reflect an
             assessment of their compliance with the air quality requirements of the State Implementation
             Plan.


             The Department of Environmental Conservation will allocate substantial resources to develop
             a regulatory and management program to identify and eliminate toxic discharges into the
             atmosphere. The State's Coastal Management Program will assist in coordinating major toxic
             control programming efforts in the coastal regions and in supporting research on the multi-media
             nature of toxics and their economic and environmental effects on coastal resources.

             POLICY 42              COASTAL MANAGEMENT POLICIES WILL BE CONSIDERED IF
                                    THE STATE RECLASSIFIES LAND AREAS PURSUANT TO THE
                                    PREVENTION OF SIGNIFICANT DETERIORATION
                                    REGULATIONS OF THE FEDERAL CLEAN AIR ACT.


             EXPLANATION OF POLICY

             The policies of the State and this Local Waterfront Revitalization Program concerning proposed
             land and water uses and the protection and preservation of special management areas will be
             taken into account prior to any action to change prevention of significant deterioration land
             classifications in coastal regions or adjacent areas. In addition, the Department of State will
             provide the Department of Environmental Conservation with recommendations for proposed
             prevention of significant deterioration land classification designations based upon State and Local
             Waterfront Revitalization Programs.

             POLICY 43              LAND USE OR DEVELOPMENT IN THE COASTAL AREA MUST
                                    NOT CAUSE THE GENERATION OF SIGNIFICANT AMOUNTS
                                    OF THE ACID RAIN PRECURSORS: NITRATES AND SULFATES.



             EXPLANATION OF POLICY

             The New York Coastal Management Program incorporates the State's policies on acid rain. As
             such, the Coastal Management Program will assist in the State's efforts to control acid rain.
             These efforts to control acid rain will enhance the continued viability of coastal fisheries,
             wildlife, agricultural, scenic and water resources.




                                                           111-39









              POLICY 44              PRESERVE AND PROTECT TIDAL AND FRESHWATER
                                     WETLANDS AND PRESERVE THE BENEFITS DERIVED FROM
                                     THESE AREAS.


              EXPLANATION OF POLICY

              There are no upland freshwater wetlands in the Village of Tivoli, but DEC-designated upland
              wetlands #SG-2 and #SG-4 east of the Village should be preserved because of their importance
              for groundwater recharge and pollutant treatment.
              The Tivoli Bays Significant Habitat and Estaurine Sanctuary is also a DEC-designated wetland.
              Tidal wetlands include the following ecological zones: coastal freshwater marsh; intertidal
              marsh; coastal shoals, bars and flats; littoral zone; high marsh or salt meadow; and formerly
              connected tidal wetlands. These tidal wetland areas are officially delineated on the Department
              of Environmental Conservation's Tidal Wetlands Inventory Map.

              Freshwater wetlands include marshes, swamps, bogs, and flats supporting aquatic and semi-
              aquatic vegetation and other wetlands so defined in the N.Y. S. Freshwater Wetlands Act and the
              N.Y.S. Protection of Waters Act.

              The benefits derived from the preservation of tidal and freshwater wetlands include, but are not
              limited to:

                      habitat for wildlife and fish, including a substantial portion of the State's commercial fin
                      and shellfish varieties, and contribution to associated aquatic food chains;
                      erosion, flood and storm control;
                      natural pollution treatment;
                      groundwater protection;
                      recreational opportunities;
                      educational and scientific opportunities; and
                      aesthetic open space in many otherwise densely developed areas.

              See policies 7, 38.















                                                              111-40







 0























                                  SECTION IV


                       PROPOSED LAND AND WATER USES AND
  0                  PROPOSED PUBLIC AND PRIVATE PROJECTS









  0









             A.      Proposed Land and Water Uses

                     The proposed land and water use plan for the Village of Tivoli has been developed based
                     on its historical development, existing land use and environmental attributes. The
                     physical constraints which limit development and the public utilities which provide
                     opportunities for development have been considered in Tivoli's proposed land and water
                     use plan (see Map #10). The land and water use plan is based on the policies described
                     in Section III.

                     Five general land use categories are proposed in the Village of Tivoli. These categories
                     describe areas with similar characteristics.

                     The Village of Tivoli has proposed the following five general land and water use
                     categories:

                     1.      Villap-e Residential - The residential character of Tivoli has developed along
                             Broadway from State Route 9G to the Hudson River and on Montgomery Street
                             and North Road. The aforementioned streets are serviced by 6" water mains and
                             some sewer service (see map #7). These streets plus Woods Road are best suited
                             for residential development due to the available utilities, the topography of the
                             surrounding land and limited agricultural activities. The Village residential area
                             will allow single to multi-family residential development with minimum lot sizes
                             of 15,000 square feet.

                             The waterfront area also has some residential uses which are encouraged to
                             continue through use of the R15 district. West of the railroad tracks, water
                             dependent uses such as a boat launch are proposed.

                     2.      Ap-ricultural and Low Density Residential - This area includes sections of the
                             Village that are presently open agricultural land or woodlands. To promote
                             agricultural use in these areas, residential building will be limited to one house
                             on two and three acre lots in all sections except for the area zoned RIA, which
                             allows one residence pr every one acre. The RIA district is adjacent to the R15
                             zoning district. The Planning Board has the authority to mandate clustering to
                             preserve land for open space purposes.

                     3.      Business - Business land use will be continued and encouraged in the Village
                             business area where North Road and Montgomery Street meet Broadway and in
                             the designated area along the west side of State Route 9G. The focus for
                             commercial revitalization will be those buildings in the business district which are
                             underutilized.


                     4.      Land Conservation - Due to a combination of resource attributes which include
                             steep topography, flooding, agricultural land, wetlands and aesthetics, the Village


                                                            IV-3








                              has designated a Land Conservation District which allows only agriculture,
                              outdoor recreation areas, and wildlife preserves in the following locations:

                              a.     Within 1,000 ft. of the Hudson River to the north and south of the Village
                                     river landing.

                              b.     Within 1,000 ft. of the Village southern boundary from the Hudson River
                                     along Tivoli Bay to the Village residential area on Montgomery Street.

                              C.     100 ft. each side of Stony Creek as it passes through the Village.

                              d.     50 ft. each side of tributaries to the Stony Creek in the Village.

                      5.      Recreation - The existing Memorial Park can be expanded as needed to meet
                              future use demands such as tennis and swimming facilities. Memorial Park is
                              centrally located to the business district and the residential areas. The Village of
                              Tivoli would like to continue to develop additional active recreation use of the
                              Memorial Park location. The location between Friendship Street and the railroad
                              tracks is compatible for a linear riverfront park.


              B.      Proposed Public and Private Pr9jects

                      The revitalization of the Village of Tivoli will be accomplished in part through the
                      following projects which have been designed to support the policies and objectives of this
                      LV,TRP:

                      1.      Riverfront Access - The Village of Tivoli has no public access to the Hudson
                              River. The only possibility for river access in the Village is located at theold
                              river landing at the western end of Broadway. This river landing area is
                              presently under the private ownership of several residents and Conrail. The
                              Village will support any efforts by DEC to construct a new boat launch where the
                              deteriorated launch now exists.

                      2.      Bulkhead restoration - The river landing bulkhead no longer exists, and the
                              riverfront is seriously eroded. 400-500 ft. of new bulkhead should be constructed
                              to stabilize the riverbank and facilitate boat docking. The New York State
                              Department of Transportation estimates concrete bulkhead construction at $500-
                              $1,000 per linear foot, or a total bulkhead cost from $200,0004500,000.
                              Restoration of the landing could potentially provide docking for passenger boats
                              bringing visitors to Clermont and Montgomery Place.

                      3.      Adaptive Reuse of the Old Firehouse - Use of the firehouse for Village offices
                              and the Public Library would significantly boost Tivoli's downtown revival. An


                                                              IV-4








                            architectural survey and floor plans have been completed; and a fund-raising
                            committee, Friends of the Firehouse, has been established.              Costs for
                            rehabilitation and reuse are estimated at $1.3 million.

                    4.      Business District Revitalization - The Village business district in the center of
                            Tivoli has eleven commercial buildings, some of which could house more than
                            one business per building. Only five of these commercial buildings are being
                            used for actual business activities.


                            To promote the commercial revitalization of the Village of Tivoli, both public and
                            private interest and resources must work together.           The public actions
                            recommended to assist and promote the Village commercial revival are as
                            follows:


                                    Commercial Revitalization Task Force - The Mayor of Tivoli and the
                                    Village Board of Trustees will establish a Commercial Revitalization Task
                                    Force which will represent the interests of local businesses, Village
                                    commercial property owners and local government. The focus of this task
                                    force will be the following:

                                    Assess Existing Village Commercial Resources

                                           Inventory commercial buildings and present use;
                                           Evaluate local and state tax abatements;
                                           Analyze demographic and traffic flow information;

                                    Promote the Village Commercial Potential

                                    -      Increase traffic flow through the Village with the aid of Clermont
                                           State Park and Tivoli Bay Estuarine Sanctuary;

                                    -      Promote commercial viability of Tivoli through local real estate
                                           brokers and State or county commercial development programs;

                                    -      Develop programs and activities in the village business district
                                           such as    fairs, flea markets, antique shows, community day
                                           activities, art or craft shows, etc.

                                    -      Evolve the task force into a local chamber of commerce.

                                    The proposed Village business district revitalization could be assisted
                                    through a Village commercial feasibility study that would recommend a
                                    selection of commercial uses for the old factory building that would act
                                    as a focal point and bring consumers into the Village. A restaurant,


                                                           IV-5








                                     winery, or national mail order house are only a few examples of the kind
                                     of anchor commercial activity that would draw people into the Village and
                                     would thereby support a number of other smaller retail shops. The
                                     feasibility study would be a cooperative effort of the Village government
                                     and private business interests and will include local tax incentives for
                                     business related commercial real estate development in the Village.

                      5.     Village Housing - The Village of Tivoli is primarily a residential community with
                             much of its building stock over 100 years old. A number of these older houses
                             need to be restored. The following options exist for addressing this issue:

                             a.      National Register Nomination - To increase the Village's awareness of its
                                     historic background and uniqueness, the data gathered by Hudson River
                                     Heritage Task Force will be used to prepare nomination papers for
                                     properties eligible for listing on the National Register of Historic Places.
                                     A National Register designation of the entire Village would make the
                                     community more competitive for federal and State funds and would
                                     increase the resale value of real property in the Village. The project cost
                                     to complete a National Register nomination for Tivoli is approximately
                                     $6,000.

                             b.      Historic Preservation Education Program - The Village will develop
                                     guidelines for the appropriate repair and rehabilitation of the historic
                                     structures and distribute the information to property owners.           Cost:
                                     $4,000.

                                     The State Historic Preservation Office should be consulted when projects
                                     are planned to ensure that the Secretary of the Interior's Standards for
                                     Rehabilitation of Historic Structures are met.

                                     The Village will also investigate possible local involvement in the New
                                     York State Rural Housing Preservation Program to assist the low income
                                     and elderly homeowners and renters in the Village with energy
                                     conservation and technical assistance. This program offers State funds for
                                     the local administration of rural housing rehabilitation projects which may
                                     apply to the Village of Tivoli.

                      6.     Memorial Park Improvements - The park is an excellent community facility and
                             features a baseball field, sheltered picnic site and mature trees. This Village
                             recreational area can be upgraded with selective improvements that should be
                             done incrementally over time, and which collectively will enhance this fine
                             Village park.




                                                              IV-6








                            Landscaping amenities such as new shade trees and ornamental plantings would
                            create more of a park-like atmosphere. An evergreen strip planting should be
                            considered to establish a park boundary between the water tower and the
                            basketball court. The basketball court and the playground could be improved
                            with new equipment and tied together in an integrated way with railroad tie
                            terracing and ornamental shrubs.

                            The water tower, which visually dominates the park area and is noticeable from
                            miles around the Village, should be kept freshly painted to harmonize with the
                            environment.


                            Possible future park expansion is being considered to include the upgrading of
                            handicap accessibility to all the recreational services; an improvement of the
                            bleacher system and picnic area; upgrade the recreational equipment in the
                            children's play area; the addition of cooking facilities; and to alleviate a serious
                            drainage problem along the eastern portion of the park. The estimated cost for
                            the above is approximately $17,000.

                            Long term plans for expansion of the park facilities would include a tennis court
                            and/or swimming pool.

                    7.      Village Road Restorations - Due to clay soils and the associated bad drainage, the
                            Village roadbeds have a tendency to shift the frost each winter. A major program
                            for Village road restoration has begun which involves the actual rebuilding of the
                            Village roads over a number of years. The program would involve annual
                            reconstruction of sections of Village roadbeds which includes drainage, gravel
                            beds, and a higher grade bituminous surface. This Village-wide road restoration
                            program with State assistance will reduce the annual maintenance for the Village
                            roads and decrease insurance rates due to the reduced liability of the Village.

                    8.      Sewer Improvements - In order to accommodate the revitalization sought by the
                            LWRP, the existing Tivoli Sewage Plant needs to be upgraded and expanded.
                            Since these improvements will be costly, the Village will be seeking funding
                            assistance and has received a $250,000 HUD grant. Upgrading of the plant
                            would also further the -purposes of Policies 33, 38, and 38A.

                    9.      Project Location Map - See map #11 Tivoli Waterfront Revitalization Plan.










                                                            IV-7














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 0

























                               SECTION V
 0                TECBNIQUES FOR LOCAL IMPLEMENTATION

                            OF THE PROGRAM

























  0









             V.     TECHNIQUES FOR LOCAL EWPLEMENTATION OF THE PROGRAM

                    The following are tools for the implementation of the program.

                    A.      Local Laws and Regulations
                    B.      Other Public and Private Actions
                    C.      Management Structures
                    D.      Financial Resources
                    E.      Review of Proposed State and Federal Actions

                    A.      Local Laws and Regulations Necessaj:y to Implement the Local Waterfron
                            Revitalization Pro2ram


                            1.     Existing Local Laws and Regulations

                                   a.      Zoning Law

                                           The Zoning Law was adopted in 1989. It includes a Land
                                           Conservation District (LC) 1,000 feet deep along the Hudson River
                                           and Tivoli North Bay and 100 feet deep measured from the
                                           centerline on both sides of the Stony Creek. Along tributaries to
                                           Stony Creek the LC District is 50 feet deep on either side,
                                           measured from the centerline of the tributary.        No uses are
                                           permitted by right, but agriculture, game preserves, outdoor
                                           recreation uses, parks, playgrounds, and wildlife preserves are
                                           special permitted uses. The LC district supports both the water
                                           quality and scenic policies of the LVW, while providing for
                                           limited water-dependent recreation.

                                           Two business districts are provided by the Zoning Law, a General
                                           Business (GB) district in an area one and two blocks deep along
                                           Broadway in the Village Center and a Residential Business (RB)
                                           district on NY Route 9G limited to approximately 1/3 mile of
                                           highway near the intersection with Broadway (County Route 78).
                                           These districts recognize the existing commercial activity in these
                                           areas and direct new businesses to these same areas. Both districts
                                           also allow light industry by special permit. These districts support
                                           Policy 5 by encouraging development where public services and
                                           facilities already exist, Policy I by encouraging a concentration of
                                           economic activity to strengthen existing uses, and Policy 25 by
                                           discouraging strip development and preserving neighborhood
                                           character.





                                                            V-3









                                             The remaining zoning districts are residential districts of densities
                                             varying from 3 acres per unit to 15,000 square feet per unit. The
                                             R15 district is located where central water and sewer is available
                                             and existing development patterns are dense. The R1 district
                                             provides for expansion of the Village Center but at a lower
                                             density, in areas where connection to the central water and sewer
                                             is practicable. The R3 district lies behind the LC district along the
                                             Hudson River on land presently in large estates. The R2 district
                                             lies along Route 9G except where the RB district is located.

                                             Provision for mandatory clustering in the zoning allows for
                                             preservation of open space and other natural resources in land
                                             subdivision. The minimum area per unit allowed in a development
                                             is 12,000 square feet. Structure height is limited to general height
                                             of other structures in a zoning district, which in Tivoli generally
                                             does not exceed two stories. Combined, these two provisions can
                                             preserve neighborhood character and protect scenic views. Signs
                                             are regulated as to size and placement, and are considered an
                                             accessory use. Sections on site plan approval and landscaping
                                             allow review of site treatment of uses in the two business districts,
                                             special permitted uses, and residential uses of five or more units.

                                     b.      Subdivision Regulations - The Village of Tivoli adopted the
                                             present subdivision regulations in January of 1973.               The
                                             subdivision regulations provide the structure for the Planning
                                             Board to review and mitigate any subdivision proposal within the
                                             Village limits.

                                             The Planning Board has the opportunity through the subdivision
                                             process to guide future growth and.development with the aid of
                                             zoning, and to negotiate changes to the site plan for the betterment
                                             of the Village's physical well-being (sewers, water and streets), as
                                             well as the aesthetic improvement (setbacks and landscaping).

                                     C.      Flood Plain Regulations - The Village adopted standard flood plain
                                             regulations in 1987.

                                     d.      State Environmental Quality Review (SEQR) - The Village of
                                             Tivoli adopted a local SEQR ordinance in August of 1977. The
                                             Village Planning Board acts as a SEQR review committee for the
                                             Village Board of Trustees. The Village Board, with the assistance
                                             of the Planning Board, could expand the State list of Type I
                                             actions to include additional concerns of the community.



                                                              V-4








                             2.     Addi ional Law Adopted

                                    a.      Local Consistency Law - A local consistency law was adopted to
                                            ensure that the actions of all Village agencies will be consistent
                                            with the LY*TRP.

                     B.      Other Public and Private Actions Necessary to finplernent the LVIMP

                             1.     StreetsoM - The Village of Tivoli will work with private property owners
                                    and businessmen to preserve the historic fabric of the community. The
                                    Village can apply for grants for facade rehabilitation and provide street
                                    amenities that will improve the appearance of the community. Planting
                                    new trees and caring for older trees is an example of such activity.

                             2.     Housing Rehabilitation - All residential buildings should be upgraded to
                                    meet existing health and safety requirements. The Village housing is the
                                    responsibility of the individual property owners.         The Village will
                                    continue, as in the past, to take advantage of housing rehabilitation funds
                                    and through the Village Building Inspector's office will issue certificates
                                    of occupancy to only those units that meet code.

                                    The Village can develop a "Pride in Tivoli" campaign and foster through
                                    neighborhood groups and preservation guidelines the appropriate
                                    rehabilitation of Tivoli's housing stock.

                             3.     Commercial Revitalization - Private enterprises in Tivoli's commercial
                                    buildings will be encouraged through an organization of commercial
                                    property owners, local business people and representatives of local
                                    government. This organization will work together to create an attractive
                                    Village commercial environment with tax abatement programs and
                                    possibly evolve into a new Tivoli Chamber of Commerce. This Village
                                    Chamber of Commerce could then call upon the national organization's
                                    technical resources to further advance the local objective.

                             4.     Community Involvement - The Tivoli Community Association (TCA) was
                                    formed in 1987 to provide an opportunity for local residents and Village
                                    officials to work together to maintain and improve the character of Tivoli.
                                    The T.C.A. sparked an interest in recycling which led to a mandatory
                                    recycling resolution by Village officials. In addition, the TCA sponsored
                                    a Village Wide Yard Sale Day which drew 1000 visitors to the Village in
                                    1989 and raised money for the rehabilitation of the Old Firehouse. As a
                                    non-profit organization, the TCA will be involved in fund-raising activities
                                    for the Old Firehouse and other projects.


                                                             V-5









                       C.      Manazernent Structures Necessary to Implement the Local Waterfront
                               Revitalization Program

                               The Mayor of the Village of Tivoli and the Village Board will be responsible for
                               overall management and coordination of the LWRP.

                               Each Village agency will be responsible for determining whether its actions are
                               consistent with the LWRP. The Planning Board will make recommendations to
                               the agencies, Mayor, and Village Board concerning consistency of actions with
                               the Local Waterfront Revitalization Program.

                               Whenever a proposed action is located within the Waterfront Revitalization Area,
                               the local agency under whose jurisdiction that action falls shall, prior to
                               approving, funding or undertaking the action, make a determination that the
                               action is consistent with the LWRP. Prior to making a determination, the agency
                               shall refer the action to the Planning Board for review and recommendation as to
                               whether the action is consistent with the LWRP. The Planning Board shall, along
                               with its consistency recommendation, make any suggestions to the agency
                               concerning modifications that can make the action consistent with the LV*TRP or
                               better advance the L)&W policies and standards. The recommendations of the
                               Planning Board shall be made in written form and considered by the local agency
                               in making its finding concerning consistency.

                               If the agency determines that the action would not be consistent with one or more
                               of the LWRP policy standards and conditions, such action shall not be undertaken
                               unless the agency determines with respect to the proposed action that:

                               1.     No reasonable alternatives exist which would permit the action to be
                                      undertaken in a manner which will not be inconsistent with such LWRP
                                      policy standards and conditions;

                               2.     The action would be undertaken in a manner which will minimize all
                                      adverse effects on such LVYIRP policy standards and conditions;

                               3.     The action will result in an overriding Village, regional or State-wide
                                      public benefit; and

                               4.     The action will advance one or more of the other LWRP policy standards
                                      and conditions.

                               Each   agency shall maintain a file for each action made the subject of a
                               consistency determination, including any recommendations received from the
                               Planning Board. Such files shall be made available for public inspection upon
                               request.


                                                               v-6









                   D.      Financial Resources Available to Implement the Waterfront Prop-ram

                           The Village will depend upon the Department of Environmental Conservation for
                           construction of the boat launch. The Estuarine Sanctuary Management Program
                           should develop the recreational facilities associated with North Tivoli Bay as part
                           of the implementation of the Management Plan. Repair of the bulkhead at the
                           Landing would be part of any proposal to use the Landing for docking of
                           commercial vessels.


                           The assistance of community or civic organizations will be essential in the
                           expansion of Memorial Park and renovation of the Old Firehouse.

                           As appropriate, the Village will also seek the assistance of other governmental
                           entities. The Dutchess County Planning Board has provided valuable professional
                           services to the Village in the past. The nomination of historic resources to the
                           National Register of Historic Places could be assisted by a grant from the New
                           York State Council on the Arts. The Village could also seek participation in the
                           Certified Local Government Program of the Office of Parks, Recreation and
                           Historic Preservation.


                           As permitted by the Department of State, the Village will use implementation
                           funding from the State Coastal Management Program to support its proposed
                           projects.

                   E.      Review of Proposed State and Federal Actions

                           The Village will review proposed State and federal actions within the waterfront
                           area in acdordance with procedures established by the New York State
                           Department of State. Such procedures are set forth in Appendix A.

















                                                           V-7







 0
























                                  SECTION VI


                   STATE AND FEDERAL ACTIONS AND PROGRAMS
  0                    LIKELY TO AFFECT 1114PLEMENTATION




                                   I









 0








             State and federal actions will affect and be affected by implementation of the LWRP. Under
             State law and the U.S. Coastal Zone Management Act, certain State and federal actions within
             or affecting the local waterfront area must be "consistent" or "consistent to the maximum extent
             practicable" with the enforceable policies and purposes of the LWRP. This consistency
             requirement makes the LVTRP a unique, intergovernmental mechanism for setting policy and
             making decisions and helps to prevent detrimental actions from occurring and future options
             from being needlessly foreclosed. At the same time, the active participation of State and federal
             agencies is also likely to be necessary to implement specific provisions of the LWRP.

             The first part of this section identifies the actions and programs of State and federal agencies
             which should be undertaken in a manner consistent with the LWRP. This is a generic list of
             actions and programs, as identified by the NYS Department of State; therefore, some of the
             actions and programs listed may not be relevant to this LWRP. Pursuant to the State Waterfront
             Revitalization of Coastal Areas and Inland Waterways Act (Executive Law, Article 42), the
             Secretary of State individually and separately notifies affected State agencies of those agency
             actions and programs which are to be undertaken in a manner consistent with approved LWRPs.
             Similarly, federal agency actions and programs subject to consistency requirements are identified
             in the manner prescribed by the U.S. Coastal Zone Management Act and its implementing
             regulations.    The lists of State and federal actions and programs included herein are
             informational only and do not represent or substitute for the required identification and
             notification procedures.    The current official lists of actions subject to State and federal
             consistency requirements may be obtained from the NYS Department of State.

             The second part of this section is a more focused and descriptive list of State and federal agency
             actions which are necessary to further implementation of the LY;RP. It is recognized that a
             State or federal agency's ability to undertake such actions is subject to a variety of factors and
             considerations; that the consistency provisions referred to above, may not apply; and that the
             consistency requirements can not be used to require a State or federal agency to undertake an
             action it could not undertake pursuant to other provisions of law. Reference should be made to
             Section IV and Section V, which also discuss State and federal assistance needed to implement
             the LWRP.




















                                                            VI-3








             A. State and Federal Actions and Programs Which Should be Undertaken in a Manner
                    Consistent with the LWRP


                    1.       State Agencies



                    OFFICE FOR THE AGING

                    1.00     Funding and/or approval programs for the establishment of new or expanded
                             facilities providing various services for the elderly.


                    DEPARTMENT OF AGRICULTURE AND MARKETS

                    1.00     Agricultural Districts Program
                    2.00     Rural Development Program
                    3.00     Farm Worker Services Programs.
                    4.00     Permit and approval programs:

                             4.01   Custom Slaughters/Processor Permit
                             4.02 Processing Plant License
                             4.03 Refrigerated Warehouse and/or Locker Plant License


                    DIVISION OF ALCOHOLIC BEVERAGE CONTROL/STATE LIQUOR
                    AUTHORITY

                    1.00     Permit and -Approval Programs:

                             1.01   Ball Park - Stadium License
                             1.02   Bottle Club License
                             1.03   Bottling Permits
                             1.04   Brewer's Licenses and Permits
                             1.05   Brewer's Retail Beer License
                             1.06   Catering Establishment Liquor License
                             1.07   Cider Producer's and Wholesaler's Licenses
                             1.08   Club Beer, Liquor, and Wine Licenses
                             1.09   Distiller's Licenses
                             1.10   Drug Store, Eating Place, and Grocery Store Beer Licenses
                             1.11   Farm Winery and Winery Licenses
                             1.12   Hotel Beer, Wine, and Liquor Licenses
                             1.13   Industrial Alcohol Manufacturer's Permits
                             1.14   Liquor Store License
                             1.15   On-Premises Liquor Licenses


                                                            VI-4








                            1.16   Plenary Permit (Miscellaneous-Annual)
                            1.17   Summer Beer and Liquor Licenses
                            1.18   Tavern/Restaurant and Restaurant Wine Licenses
                            1.19   Vessel Beer and Liquor Licenses
                            1.20   Warehouse Permit
                            1.21   Wine Store License
                            1.22   Winter Beer and Liquor Licenses
                            1.23   Wholesale Beer, Wine, and Liquor Licenses


                   DIVISION OF ALCOHOLISM AND ALCOHOL ABUSE
                   1.00     Facilities, construction, rehabilitation, expansion, or demolition or the funding of
                            such activities.

                   2.00     Permit and approval programs:

                            2.01   Letter Approval for Certificate of Need
                            2.02   Operating Certificate (Alcoholism Facility)
                            2.03   Operating Certificate (Community Residence)
                            2.04   Operating Certificate (Outpatient Facility)
                            2.05   Operating Certificate (Sobering-Up Station)


                   COUNCIL ON THE ARTS

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

                   2.00     Architecture and environmental arts program.


                   DEPARTMENT OF BANKING

                   1.00     Permit and approval programs:

                            1.01   Authorization Certificate (Bank Branch)
                            1.02   Authorization Certificate (Bank Change of Location)
                            1.03   Authorization Certificate (Bank Charter)
                            1.04   Authorization Certificate (Credit Union Change ofLocation)
                            1.05   Authorization Certificate (Credit Union Charter)
                            1.06   Authorization Certificate (Credit Union Station)
                            1.07   Authorization Certificate (Foreign Banking Corporation Change of
                                   Location)


                                                         VI-5









                              1.08   Authorization Certificate (Foreign Banking Corporation Public
                                     Accommodations Office
                              1.09   Authorization Certificate (Investment Company Branch)
                              1.10   Authorization Certificate (Investment Company Change of Location)
                              1.11   Authorization Certificate (Investment Company Charter)
                              1.12   Authorization Certificate (Licensed Lender Change of Location)
                              1.13   Authorization Certificate (Mutual Trust Company Charter)
                              1.14   Authorization Certificate (Private Banker Charter)
                              1.15   Authorization Certificate (Public Accommodation Office - Banks)
                              1.16   Authorization Certificate (Safe Deposit Company Branch)
                              1.17   Authorization Certificate (Safe Deposit Company Change of
                                     Location)
                              1.18   Authorization Certificate (Safe Deposit Company Charter)
                              1.19   Authorization Certificate (Savings Bank Charter)
                              1.20   Authorization Certificate (Savings Bank De Novo Branch Office)
                              1.21   Authorization Certificate (Savings Bank Public Accommodations Office)
                              1.22   Authorization  Certificate (Savings and Loan Association Branch)
                              1.23   Authorization Certificate (Savings and Loan Association Change of
                                     Location)
                              1.24   Authorization Certificate (Savings and Loan Association Charter)
                              1.25   Authorization Certificate (Subsidiary Trust Company Charter)
                              1.26   Authorization Certificate (Trust Company Branch)
                              1.27   Authorization Certificate (Trust Company-Change of Location)
                              1.28   Authorization Certificate (Trust Company Charter)
                              1.29   Authorization Certificate (Trust Company Public Accommodations Office)
                              1.30   Authorization to Establish a Life Insurance Agency
                              1.31   License as a Licensed Under
                              1.32   License for a Foreign Banking Corporation Branch

                     NEW YORK STATE BRIDGE AUTHORITY

                     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.


                     DEPARTMENT OF COMMERCE

                     1.00     Preparation or revision of statewide or specific plans to address State economic
                              development needs.

                     2.00     Allocation of the state tax-free bonding reserve.



                                                             VI-6










                   DEPARTMENT OF CORRECTIONAL SERVICES

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



                   DORMITORY AUTHORITY OF THE STATE OF NEW YORK


                   1.00    Financing of higher education and health care facilities.

                   2.00    Planning and design services assistance program.



                   EDUCATION DEPARTMENT


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


                   2.00    Permit and approval programs:

                           2.01    Certification of Incorporation (Regents Charter)
                           2.02    Private Business School Registration
                           2.03    Private School License
                           2.04    Registered Manufacturer of Drugs and/or Devices
                           2.05    Registered Pharmacy Certificate
                           2.06    Registered Wholesale of Drugs and/or Devices
                           2.07    Registered Wholesaler-Repacker of Drugs and/or Devices
                           2.08    Storekeeper's Certificate




                   ENERGY PLANNING BOARD AND ENERGY OFFICE


                   1.00    Preparation and revision of the State Energy Master Plan.


                   NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY

                   1.00    Issuance of revenue bonds to finance pollution abatement modifica-tions in power-
                           generation facilities and various energy projects.







                                                           VI-7










                     DEPARTMENT OF ENVIRONMENTAL CONSERVATION


                     1.00     Acquisition, disposition, lease, grant of easement and other activities related to
                              the management of lands under the jurisdic-tion of the Department.

                     2.00     Classification of Waters Program; classification of land areas under the Clean Air
                              Act.

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


                     4.00     Financial assistance/grant programs:

                              4.01   Capital projects for limiting air pollution
                              4.02   Cleanup of toxic waste dumps
                              4.03   Flood control, beach erosion and other water resource projects
                              4.04   Operating aid to municipal wastewater treatment facilities
                              4.05   Resource recovery and solid waste management capital projects
                              4.06   Wastewater treatment facilities

                     5.00,    Funding assistance for issuance of permits and other regulatory activities (New
                              York City only).

                     6.00     Implementation of the Environmental Quality Bond Act of 1972, including:

                              (a)    Water Quality Improvement Projects
                              (b)    Land Preservation and Improvement Projects including Wetland
                                     Preservation and Restoration Projects, Unique Area Preservation Projects,
                                     Metropolitan Parks Projects, Open Space Preservation Projects and
                                     Waterways Projects.

                     7.00     Marine Finfish and Shellfish Programs.

                     8.00     New York Harbor Drift Removal Project.

                     9.00     Permit and approval programs:



                      Air Resources


                              9.01   Certificate of Approval for Air Pollution Episode Action Plan
                              9.02   Certificate of Compliance for Tax Relief - Air Pollution Control Facility
                              9.03   Certificate to Operate: Stationary Combustion Installation; Incinerator;
                                     Process, Exhaust or Ventilation System


                                                             VI-8










                          9.04    Permit for Burial of Radioactive Material
                          9.05    Permit for Discharge of Radioactive Material to Sanitary Sewer
                          9.06    Permit for Restricted Burning
                          9.07    Permit to Construct: a Stationary Combustion Installation; Incinerator;
                                  Indirect Source of Air Contamination; Process, Exhaust or Ventilation
                                  System


                   Construction Mana2ement

                          9.08 Approval of Plans and Specifications for Wastewater Treatment Facilities


                   Fish and Wildlife


                          9.09    Certificate to Possess and Sell Hatchery Trout in New York State
                          9.10    Commercial Inland Fisheries Licenses
                          9.11    Fishing Preserve License
                          9.12    Fur Breeder's License
                          9.13    Game Dealer's License
                          9.14    Licenses to Breed Domestic Game Animals
                          9.15    License to Possess and Sell Live Game
                          9.16    Permit to Import, Transport and/or Export under Section 184.1 (11-0511)
                          9.17    Permit to Raise and Sell Trout
                          9.18    Private Bass Hatchery Permit
                          9.19    Shooting Preserve Licenses
                          9.20    Taxidermy License



                   Lands and Forest

                          9.21    Certificate of Environmental Safety (Liquid Natural Gas and Liquid
                                  Petroleum Gas)
                          9.22    Floating Object Permit
                          9.23    Marine Regatta Permit
                          9.24    Mining Permit
                          9.25    Navigation Aid Permit
                          9.26    Permit to Plug and Abandon (a non-commercial, oil, gas or solution
                                  mining well)
                          9.27    Permit to Use Chemicals for the Control or Elimination of Aquatic Insects
                          9.28    Permit to Use Chemicals for the Control or Elimination of Aquatic
                                  Vegetation

                          9.29    Permit to Use Chemicals for the Control or Extermination of Undesirable


                                                         VI-9











                                   Fish
                            9.30 Underground Storage Permit (Gas)
                            9.31 Well Drilling Permit (Oil, Gas, and Solution Salt Mining)



                    Marine Resources


                            9.32   Digger's Permit (Shellfish)
                            9.33   License of Menhaden Fishing Vessel
                            9.34   License for Non-Resident Food Fishing Vessel
                            9.35   Non-Resident Lobster Permit
                            9.36   Marine Hatchery and/or Off-Bottom Culture Shellfish Permits
                            9.37   Permits to Take Blue-Claw Crabs
                            9.38   Permit to Use Pond or Trap Net
                            9.39   Resident Commercial Lobster Permit
                            9.40   Shellfish Bed Permit
                            9.41   Shellfish Shipper's Permits
                            9.42   Special Permit to Take Surf Clams from Waters other than the Atlantic
                                   Ocean



                    Regulatory Affairs

                            9.43   Approval - Drainage Improvement District
                            9.44   Approval - Water (Diversions for) Power
                            9.45   Approval of Well System and Permit to Operate
                            9.46   Permit - Article 15, (Protection of Water) - Dam
                            9.47   Permit - Article 15, (Protection of Water) - Dock, Pier or Wharf
                            9.48   Permit - Article 15, (Protection of Water) - Dredge or Deposit Material
                                   in a Waterway
                            9.49   Permit - Article 15, (Protection of Water) - Stream Bed or Bank
                                   Disturbances
                            9.50   Permit - Article 15, Title 15 (Water Supply)
                            9.51   Permit - Article 24, (Freshwater Wetlands)
                            9.52   Permit - Article 25, (Tidal Wetlands)
                            9.53   River Improvement District Approvals
                            9.54   River Regulatory District Approvals
                            9.55   Well Drilling Certificate of Registration



                     Solid Wastes

                            9.56   Permit to Construct and/or Operate a Solid Waste Management Facility
                            9.57   Septic Tank Cleaner and Industrial Waste Collector Permit


                                                        VI-10












                   Water Resources


                            9.58   Approval of Plans for Wastewater Disposal Systems
                            9.59   Certificate of Approval of Realty Subdivision Plans
                            9.60   Certificate of Compliance (Industrial Wastewater Treatment Facility)
                            9.61   Letters of Certification for Major Onshore Petroleum Facility Oil Spill
                                   Prevention and Control Plan
                            9.62   Permit - Article 36, (Construction in Flood Hazard Areas)
                            9.63   Permit for State Agency Activities for Development in Coastal Erosion
                                   Hazards Areas
                            9.64   Permit for State Agency Activities for Development in Coastal Erosion
                                   Hazards Areas
                            9.65   State Pollutant Discharge Elimination System (SPDES) Permit
                            9.66   401 Water Quality Certification

                   10.00    Preparation and revision of Air Pollution State Implementation Plan.

                   11.00    Preparation and revision of Continuous Executive Program Plan.

                   12.00    Preparation and revision of Statewide Environmental Plan.

                   13.00    Protection of Natural and Man-made Beauty Program.

                   14.00    Urban Fisheries Program.

                   15.00    Urban Forestry Program.

                   16.00    Urban Wildlife Program.



                   ENVIRONNIENTAL FACELITIES CORPORATION


                   1.00     Financing program for pollution control facilities for industrial firms and small
                            businesses.



                   FACIILITEES DEVELOPMENT CORPORATION


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






                                                           VI-11










                    OFFICE OF GENERAL SERVICES


                    1.00     Administration of the Public Lands Law for acquisition and disposition of lands,
                             grants of land and grants of easement of land under water, issuance of licenses
                             for removal of materials from lands under water, and oil and gas leases for
                             exploration and development.

                    2.00     Administration of Article 4-B, Public Buildings Law, in regard to the protection
                             and management of State historic and cultural properties and State uses of
                             buildings of historic, architectural or cultural significance.

                    3.00     Facilities construction, rehabilitation, expansion, or demolition.



                    DEPARTMIENT OF HEALTH

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


                    2.00     Permit and approval programs:

                             2.01    Approval of Completed Works for Public Water Supply Improvements
                             2.02    Approval of Plans for Public Water Supply Improvements.
                             2.03    Certificate of Need (Health Related Facility - except Hospitals)
                             2.04    Certificate of Need (Hospitals)
                             2.05    Operating Certificate (Diagnostic and Treatment Center)
                             2.06    Operating  Certificate (Health Related Facility)
                             2.07    Operating  Certificate (Hospice)
                             2.08    Operating  Certificate (Hospital)
                             2.09    Operating Certificate (Nursing Home)
                             2.10    Permit to Operate a Children's Overnight or Day Camp
                             2.11    Permit to Operate a Migrant Labor Camp
                             2.12    Permit to Operate as a Retail Frozen Dessert Manufacturer
                             2.13    Permit to Operate a Service Food Establishment
                             2.14    Permit to Operate a Temporary Residence/Mass Gathering
                             2.15    Permit to Operate or Maintain a Swimming Pool or Public Bathing Beach
                             2.16    Permit to Operate Sanitary Facilities for Realty Subdivisions
                             2.17    Shared Health Facility Registration Certificate









                                                            Vl- 12










                  DIVISION OF HOUSING AND COMMUNITY RENEWAL AND ITS
                  SUBSIDIARIES AND AFFILIATES


                  1.00    Facilities construction, rehabilitation, expansion, or demolition.

                  2.00    Financial assistance/grant programs:

                          2.01   Federal Housing Assistance Payments Programs (Section 8 Programs)
                          2.02   Housing Development Fund Programs
                          2.03   Neighborhood Preservation Companies Program
                          2.04   Public Housing Programs
                          2.05   Rural Initiatives Grant Program
                          2.06   Rural Preservation Companies Program
                          2.07   Rural Rental Assistance Program
                          2.08   Special Needs Demonstration Projects
                          2.09   Urban Initiatives Grant Program
                          2.10   Urban Renewal Programs

                  3.00    Preparation and implementation of plans to address housing and community
                          renewal needs.


                  HOUSING FINANCE AGENCY


                  1.00    Funding programs for the construction, rehabilitation, or expansion of facilities.

                  2.00    Affordable Housing Corporation



                  JOB DEVELOPMENT AUTHORITY

                  1.00    Financing assistance programs for commercial and industrial facilities.



                  MEDICAL CARE FACILITIES FINANCING AGENCY


                  1.00    Financing of medical care facilities.



                  OFFICE OF MENTAL HEALTH


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


                  2.00    Permit and approval programs:


                                                       VI-13









                              2.01    Operating Certificate (Community Residence)
                              2.02 Operating Certificate (Family Care Homes)
                              2.03    Operating Certificate (Inpatient Facility)
                              2.04 Operating Certificate (Outpatient Facility)


                     OFFICE OF MENTAL RETARDATION AND DEVELOPMENT DISABILITIES

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


                     2.00     Permit and approval programs:

                              2.01    Establishment and Construction Prior Approval
                              2.02 Operating Certificate Community Residence
                              2.03    Outpatient Facility Operating Certificate


                     DIVISION OF MILITARY AND NAVAL AFFAIRS

                     1.00     Preparation and implementation of the State Disaster Preparedness Plan.


                     NATURAL HERITAGE TRUST

                     1.00     Funding program for natural heritage institutions.


                     OFFICE OF PARKS, RECREATION AND HISTORIC PRESERVATION (including
                     Regional State Park Commission)

                     1.00     Acquisition, disposition, lease, grant of easement or other activities related to the
                              management of la:nd under the jurisdiction of the Office.

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

                     3.00     Funding program for recreational boating, safety and enforcement.

                     4.00     Funding program for State and local historic preservation projects.

                     5.00     Land and Water Conservation Fund programs.

                     6.00     Nomination of properties to the Federal and/or State Register of Historic Places.


                                                              VI-14









                   7.00     Permit and approval programs:

                            7.01 Floating Objects Permit
                            7.02 Marine Regatta Permit
                            7.03 Navigation Aide Permit
                            7.04 Posting of Signs Outside State Parks

                   8.00     Preparation and revision of the Statewide Comprehensive Outdoor Recreation
                            Plan and the Statewide Comprehensive Historic Preservation Plan and other plans
                            for public access, recreation, historic preservation or related purposes.

                   9.00     Recreation services program.

                10.00       Urban Cultural Parks Program.


                   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


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


                   2.00     Homeless Housing 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)


                                                           Vl- 15









                             3.04    Operating Certificate (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 Cemetery Operator
                             4.03 Uniform Fire Prevention and Building Code



                    STATE UNIVERSITY CONSTRUCTION FUND

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



                    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.



                    DIVISION OF SUBSTANCE ABUSE SERVICES

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


                    2.00     Permit and approval programs:

                             2.01    Certificate of Approval (Substance Abuse Services Program)


                                                            Vl- 16










                   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 maintenance facilities
                            (d)    Barge Canal
                            (e)    Rail facilities

                   3.00     Financial assistance/grant programs:

                            3.01   Funding      programs       for    construction/ reconstruction          and
                                   reconditioning/preservation of municipal streets and highways (excluding
                                   routine maintenance and minor rehabilitation)

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

                            3.03   Funding programs for rehabilitation and replacement of municipal bridges

                            3.04   Subsidies program for marginal branchlines abandoned by Conrail

                            3.05   Subsidies program for passenger rail service

                            4.00   Permits and approval programs:

                            4.01   Approval of applications for airport improvements (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



                                                           VI-17








                              4.05    Certificate of Convenience and Necessity to Operate a Railroad

                              4.06    Highway Work 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    Permits for Use and Occupancy of N.Y. State Canal Lands (except
                                      Regional Permits [Snow Dumping])

                              4.10    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.

                     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 affifflates

                     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 or expansion
                              of commercial, industrial, and civic facilities and the provision of technical
                              assistance or financing for 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.








                                                              VI-18











                   DIVISION OF YOUTH


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


            2.     Federal Agencies



            DIRECT FEDERAL ACTIVITIES AND DEVELOPMENT PROJECTS


                   DEPARTMIENT OF COMMERCE


                   National Marine Fisheries Services


                   1.00     Fisheries Management Plans



                   DEPARTMENT OF DEFENSE


                   Army Corps of Engineers

                   1.00     Proposed authorizations for dredging, channel improvements, break-waters, 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.






                                                            VI-19










                   DEPARTMENT OF ENERGY


                   1.00 Prohibition orders.



                   GENERAL SERVICES ADMINISTRATION

                   1.00    Acquisition, location and design of proposed Federal Government property or
                           buildings, whether leased or owned by the Federal Government.

                   2.00    Disposition of Federal surplus lands and structures.


                   DEPARTMENT OF INTERIOR



                   Fish and Wildlife Service

                   1.00    Management of National WIldlife refuges and proposed acquisitions.


                   Mineral Mannement Service

                   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.


                   DEPARTMENT OF TRANSPORTATION



                   Amtrak, Conrail

                   1.00    Expansions, curtailments, new construction, upgrading or abandonments or
                           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.


                                                        VI-20








                   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 Hip-hwav Administration

                   6.00      Highway construction.

                   St. Lawrence Seaway Development Corporation

                   7.00      Acquisition, location, design, improvement and construction of new and existing
                             facilities for the operation of the Seaway, including traffic safety, traffic control
                             and length of navigation season.


             FEDERAL LICENSES AND PERMITS

                   DEPARTMENT OF DEFENSE



                   Army Co1ps of Engineers

                   1.00      Construction of dams, dikes or ditches across navigable waters, or obstruction or
                             alteration of navigable waters required under Sections 9 and 10 of the Rivers and
                             Harbors Act of 1899 (33 U.S.C. 401, 403).

                   2.00      Establishment of harbor lines pursuant to Section I I 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 of the Rivers and Harbors Act of 1899
                             (33 U.S.C. 408).

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



                                                            VI-21








                      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.).

                      DEPARTMENT OF ENERGY


                      Economic Regulatory Commission
                      1.00     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 Energy Regulatory Commission
                      3.00     Licenses for non-Federal hydroelectric projects and primary transmission lines
                               under Sections 3(11), 4(e) and 15 of the Federal Power Act (16 U.S. C. 796(l 1),
                               797(11) 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
                      1.00     NPDES permits and other permits for Federal installations, discharges in
                               contiguous zones and ocean waters, sludge runoff and aquaculture permits
                               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).


                                                               VI-22









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

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

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



                  DEPARTMENT OF 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. 93 1- (c) and 20 U. S. C. 185.



                  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 slurry pipelines.


                  NUCLEAR REGULATORY COMMISSION


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




                                                         VI-23










                   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    Permits for Deepwater Ports pursuant to the Deepwater Ports Act of 1974 (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 Loans
                   10.411  Rural Housing Site Loans
                   10.413  Recreation Facility Loans
                   10.414  Resource Conservation and Development Loans
                   10.415  Rural Renting Housing Loans
                   10.416  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







                                                        VI-24










                 DEPARTMENT OF COMMERCE

                 11.300  Economic Development - Grants and Loans for Public Works and Development
                         Facilities
                 11.301  Economic Development - Business Development Assistance
                 11.302  Economic Development - Support for Planning Organizations
                 11.304  Economic Development - State and Local Economic Development Planning
                 11.305  Economic Development - State and Local Economic Development Planning
                 11.307  Special Economic Development and Adjustment Assistance Program - Long Term
                         Economic Deterioration
                 11.308  Grants to States for Supplemental and Basic Funding of Titles 1, 11, 111, IV, and
                         V Activities
                 11.405  Anadromous and Great Lakes Fisheries Conservation
                 11.407  Commercial Fisheries Research and Development
                 11.417  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 Intermodel Transportation
                 11.509  Development and Promotion of Domestic Waterbome Transport Systems


                 DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

                 14.112  Mortgage Insurance - Construction or Substantial Rehabilitation of Condominium
                         Projects
                 14.115  Mortgage Insurance - Development of Sales Type Cooperative Projects
                 14.117  Mortgage Insurance - 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 Block Grants/Entitlement Grants
                 14.219  Community Development Block Grants/Small Cities Program
                 14.221  Urban Development Action Grants
                 14.223  Indian Community Development Block Grant Program


                 DEPARTMENT OF INTERIOR

                 15.400 Outdoor Recreation - Acquisition, Development and Planning
                 15.402  Outdoor Recreation - Technical Assistance
                 15.403  Disposal of Federal Surplus Real Property for Parks, Recreation, and Historic
                         Monuments
                 15.411  Historic Preservation Grants-in-Aid


                                                    VI-25









                   15.417  Urban Park and Recreation Recovery Program
                   15.600  Anadromous Fish Conservation
                   15.605  Fish Restoration
                   15.611  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
                   20.205  Highway Research, Planning, and Construction
                   20.309  Railroad Rehabilitation and Improvement - Guarantee of Obligations
                   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
                   49.011 Community Economic Development
                   49.013 State Economic Opportunity Offices
                   49.017 Rural Development Loan Fund
                   49.018 Housing and Community Development (Rural Housing)


                   SMALL BUSINESS ADMINISTRATION


                   59.012 Small Business Loans
                   59.013 State and Local Development Company Loans
                   59.024 Water Pollution Control Loans
                   59.025 Air Pollution Control Loans
                   59.031 Small Business Pollution Control Financing Guarantee



                                                         VI-26









                  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   Environmental Protection Consolidated Grants Program Support Comprehensive
                           Environmental Response, Compensation and Liability (Super Fund)


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


            B.    FEDERAL AND STATE PROGRAMS NECESSARY TO FURTHER THE LWRP

                  1.       Federal Actions and Programs

                    a.     Department of the Army Corps of Engineers

                           Bulkhead construction: The restoration of the deteriorated bulkhead at the river
                           landing will require a permit.

                    b.     Department of Interior

                           1)     Outdoor Recreation - Acquisition, Development and Planning: Such
                                  assistance could be used to expand Memorial Park.

                           2)     Historic Preservation Grand-in-Aid could be used to prepare a nomination
                                  to the National Register of Historic Places.

                    C.     Housing and Community Development (Rural Areas): Assistance could be
                           utilized to upgrade Tivoli's housing stock.

                    d.     Small Business Administration Loans: Assistance could be used to promote and
                           finance commercial revitalization of the Village business district.

                  2.       State Actions and Programs

                    a.     New York State Council on the Arts: Architecture and planning grant funds
                           could be used to prepare educational material describing appropriate repair and
                           rehabilitation of historic structures.


                                                         VI-27








                     b.      Department of Environmental Conservation: Permits would have to be acquired
                             through the Division of Regulatory Affairs to replace the bulkhead on the Hudson
                             River.

                     C.      Division of Housing and Community Renewal has funds to assist in the
                             establishment of local Rural (housing) Preservation Co. and a rural incentives
                             grant program that could apply to the renovation of the firehouse.

                     d.      Department of Parks, Recreation and Historic Preservation

                             1)     Certified Local Government could be enlisted to assist in preparing
                                    nomination papers for the National Register of Historic Places.

                             2)     Historic Preservation Funds could be used to renovate the firehouse
                                    following its nomination to the National Register of Historic Places.

                     e.      Department of Transportation

                             -Financial Assistance for Municipal Street Improvements can be used to improve
                             the Village roads.

                     f.      Office of General Services

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





















                                                           VI-28







 0


























                                 SECTION VII
 0            CONSULTATION WITH OTHER AFFECTED FEDERAL, STATE,
                         REGIONAL AND LOCAL AGENCIES
























 0









            VH. CONSULTATION WITH OTHER AFTECTED FEDERAL, STATE, REGIONAL
                    AND LOCAL AGENCIES.


                    A.      Local Consultations:

                            The Town of Red Hook is the only local municipality to be effected by Tivoli's
                            LWRP. The Town has been notified by the Waterfront Advisory Committee
                            chairman of all local policies and projects of this program. No problems or need
                            of Town assistance has been noted.

                    B.      Regional Consultation:

                            1.    Dutchess County Planning Department: The Planning Department was
                                  briefed in the planning stages of the LWRP and has since worked closely
                                  with the Planning Board to upgrade the Village zoning. The Planning
                                  Department has also been notified of the draft LWRP and is in total
                                  support of the program.

                            2.    Hudson River Shorelands Task Force:

                                  The Task Force has reviewed the draft LV*IRP, and no comments have
                                  been received to date.


                    C.      State Agency Consultation:

                            The following State agencies and contact people have been notified during the
                            development of the LWRP regarding specific projects:

                            1.    Department of Environmental Conservation:

                            -Stony Creek Reclassification:
                            Caesar Manfredi                                   914-761-6660
                            Peter Mack                                        518-457-6956
                            Bill Garvey                                       518-457-6780
                            -Stony Creek Dam Construction:
                            George Kuch                                       518-457-5557
                            Ed Karath                                         518-457-2672
                            -Riverfront Bulkhead Construction
                            Ralph Manna                                       914-255-5453

                            2.    Department of Transportation

                            -Railroad Grade Crossing:
                            Bruce Smith                                       518-457-1046


                                                         VII-3










                            Dick Wiita                                       518-457-1046
                            -Village Road Improvements
                            Thomas Lanes                                     914-431-5700
                            -Riverfront Bulkhead Construction
                            Dot Waterways                                    518-457-4420


                            3.    Department of Parks, Recreation and Historic
                                  Preservation:


                            -Village National Register Nomination
                            Neil Larson                                      518-474-0479


                            4.    Division of Housing and Community Renewal

                            -Commercial Revitalization and Village Housing
                            John Oster                                       518-473-8536
                            Bob Gallivan                                     518-473-8536


                    D.      Federal Consultation and Conrail


                            1.    Army Corps of Engineers

                            -River Bulkhead Construction and Stony Creek Dam
                            Ed Meiser                                        518-272-2410
                            Robert Caligari                                  212-264-3567

                            2.    Soil and Water Conservation Service


                            -Stony Creek Dam
                            Norm Benson                                      914-677-3194


                            3.    Conrail


                            -Grade Crossing Signal
                            J.E. Gerstner                                    914-631-5633
                            -Property Acquisition for Riverfront Park
                            Emery Simkulak                                   201-465-7071


                    E.      Review of Draft LYY'RP by State, Federal and Local Agencies

                            The Draft LWRP (with DEIS) was reviewed and accepted by the Village Board
                            of Trustees and forwarded to the NYS Department of State (DOS). The DOS


                                                         VII-4








                          then initiated a 60-day review of the Draft LWRP/DEIS pursuant to the NYS
                          Waterfront Revitalization of Coastal and Inland Waterways Act. Copies of the
                          Draft LWRP and DEIS were distributed by DOS to all protentially affected State
                          and federal agencies, Dutchess County, adjacent waterfront municipalities, and
                          other interested organizations. Comments were reviewed by the Village and DOS
                          and resultant changes were made to the LWRP, which are detailed in the Final
                          Environmental Impact Statement.














































                                                       VII-5







 0









 0                             SECTION VM
                       OBTAMING LOCAL CONEMTMENT
























  0










                                      OBTAE'flNG LOCAL CONINUTMENT


            PURPOSE:


            The Local Waterfront Revitalization Program for the Village of Tivoli represents a program that
            impacts not only the waterfront of the community, but the Village in its entirety from Rt. 9G
            to the Hudson River. Those projects and policies discussed and set forth in this document will
            impact the future development and quality of life for all who live in the Village for years to
            come. In the past, public documents have been organized and published in a vacuum only to
            be shelved with their programs and recommendations seldom implemented. The establishment
            of public participation policies in the 1970's has demonstrated that local government documents
            composed under direct scrutiny by the community produce programs that are most likely to be
            accepted and implemented. This concept of public involvement in the government decision
            process has fostered a better community understanding of the programs designed to meet and
            further their own community needs.

            The Village of Tivoli Board therefore assigned the Village Planning Board to develop a Local
            Waterfront Revitalization Program addressing the local needs and concerns that the Village
            Board and the community at large can support and implement. This type of local commitment
            has required the Village Planning Board to design the following program to promote the success
            of this Village-wide project.

            AMTHODS AND PROCEDURES:


            The first step in obtaining local commitment for the development and implementation of the
            Village of Tivoli Local Waterfront Revitalization Program was the establishment of the Village
            Planning Board as the Steering Committee. A planning board in any community is in a position
            to monitor not only the development of their jurisdiction but also intimately understands the
            problems and limitations of their community.         The members of the Tivoli Waterfront
            Revitalization Steering Committee are active community leaders who are involved with other
            civic minded organizations as noted below:

            Susan Davis - Chairman, Tivoli Planning Board; Vestry, St. Paul and Trinity Church; Friends
            of Clermont; Chairman, Red Hook Heart Fund Drive; Associate member, Tivoli Rescue
            Squad; Chairman, Tivoli Rezoning Committee.

            George Virgin - Vice Chairman, Tivoli Planning Board; Tivoli Building Inspector; Village of
            Tivoli businessman.


            Sam Phelan - Tivoli Planning Board;          Liaison, Hudson River Shorelands Task Force;
            Treasurer, Taconic Farms, Friends of Clermont.

            John Rector - Tivoli Planning Board; Adjutant, American Legion; Senior Warden, Masonic
            Order.


                                                         VIII-3








              Cristine Kane - Dutchess County Cooperative Extension and Dutchess County Environmental
              Management Council.

              The Tivoli Planning Board committed itself to meeting as the Steering Committee twice each
              month to deal with waterfront revitalization issues. One half of their normal public meetings,
              the 3rd Monday of each month, were organized as public forums to discuss the development of
              the plan, while an additional day each month was set aside as a workshop with the consultant.
              Two public meetings were held, one public informational meeting in February 1984 to orient
              the community on the basics of the program, and a public hearing in May 1984 for a review,
              discussion and comment of the draft document.


              This Steering Committee also was in contact with the following local organizations and
              businesses to further the local understanding and to foster a higher degree of public participation
              in developing a comprehensive Local Waterfront Revitalization Program:

              Tivoli Fire Department, Company #5
              Tivoli Fire Department, Ladies Auxiliary
              Tivoli Rescue Squad
              American Legion, Harris Smith Post #524
              Monumental Lodge #374 Order of the Eastern Star
              St. Paul and Trinity Church
              St. Sylvia Roman Catholic Church
              Tivoli Community Association

              Businesses:


              Champlins Deli
              Clyde Clelland Plumbing and Heating
              Mason Farms, Inc.
              A. Pease & Sons
              Ralph's New & Used Cars, Inc.
              Tivoli Properties, Inc.
              Tivoli Stud Farm
              Hotel Morey
              Technical Copier Services
              Tivoli Laundromat
              Tivoli Confectionary
              Tivoli Wine & Liquors
              Tivoli Pantry

              The Steering Committee established a field office for the consultant in the Village Hall for each
              Monday and/or Tuesday to encourage even more local feedback for the Steering Committee.




                                                             VIII-4








           The Steering Committee was in constant contact with the Village Board to insure the program's
   0       acceptance and implementation.












   0













  0
                                                      VIII-5







  0

























                                   APPENDIX A
  0                      GUIDELINES FOR LOCAL REVIEW OF

                       PROPOSED STATE AND FEDERAL ACTIONS
























 0











                                                        APPENDIX A


              A.      Guidelines for Notification and Review of State Agency Actions Where Local
                      Waterfront Revitalization Programs are in Effect

                      1.      Pu=ses of Guidelines - The Waterfront Revitalization and Coastal Resources Act
                              (Article 42 of the Executive Law) and the Department of State's regulations (19
                              NYCRR part 600) require certain state agency actions identified by the Secretary
                              of State to be consistent to the maximum extent practicable with the policies and
                              purposes of approved Local Waterfront Revitalization Programs (LWRP`s). These
                              guidelines are intended to assist state agencies in meeting that statutory
                              consistency obligation.

                              The Act also requires that state agencies provide timely notice to the Village
                              whenever an identified action will occur within an area covered by an approved
                              L)&W. These guidelines describe a process for complying with this notification
                              requirement.    They also provide procedures to assist local governments in
                              carrying out their review responsibilities in a timely manner.

                              The Secretary of State is required by the Act to confer with state agencies and
                              local governments when notified by a local government that a proposed state
                              agency action may conflict with the policies and purposes of its approved LY*TRP.
                              These guidelines establish a procedure for resolving such conflicts.

                      2.      Definitions


                              Action means

                              A "Type 1" or "Unlisted" action as defined by the State Environmental Quality
                              Review Act (SEQRA); occurring within the boundaries of an approved LV*TRP;
                              and being taken pursuant to a state agency program or activity which has been
                              identified by the Secretary of State as likely to affect the policies and purposes of
                              the LWRP.


                              Consistent to the maximum extent practicable means that an action will not
                              substantially hinder the achievement of any of the policies and purposes of an
                              approved LWRP and, whenever practicable, will advance one or more of such
                              policies. If an action will substantially hinder any of the policies or purposes of
                              an approved LWRP, then the action must be one:

                              a.     For which no reasonable alternatives exist that would avoid or overcome
                                     any substantial hindrance;




                                                              A-1








                             b.      That will minimize all adverse effects on the policies or purposes of the
   40                                LWRP to the maximum extent practicable; and

                             C.      That will result in an overriding regional or statewide public benefit.

                             Local Waterfront Revitalization Program or LWRP means a program prepared
                             and adopted by a local government and approved by the Secretary of State
                             pursuant to the Executive law, Article 42; which program contains policies on
                             the management of land, water and man-made resources, proposed land uses and
                             specific projects that are essential to program implementation.

                     3.      Notification Procedure

                             When a state agency is considering an action as defined above, the state agency
                             shall notify the Mayor of the Village of Tivoli.

                             Notification of a proposed action by a state agency:

                             Shall fully describe the nature and locations of the action; Shall be accomplished
                             by use of either the State Clearinghouse, other existing state agency notification
                             procedures, or through any alternative procedure agreed upon by the state agency
                             and local government;

                             Should be provided to the Mayor as early in the planning stages of the action as
                             possible, but in any event at least 30 days prior to the agency's decision on the
                             action. (The timely filing of a copy of a completed Coastal Assessment Form
                             with the Mayor should be considered adequate notification of a proposed action.)

                             If the proposed action will require the preparation of a draft environmental impact
                             statement, the filing of this draft document with the Mayor can serve as the state
                             agency's notification to the Village.

                     4.      Local Government Review Procedure

                             Upon receipt of notification from a state agency, the Village will be responsible
                             for evaluating a proposed action against the policies and purposes of its approved
                             LWRP. Upon request of the Mayor, the state agency should promptly provide
                             the Village with whatever additional information is available which will assist the
                             Village to evaluate the proposed action.


                             If the Village cannot identify any conflicts between the proposed action and the
                             applicable policies and purposes of its approved LY*IRP, it should inform the state
                             agency in writing of its finding. Upon receipt of the local government's finding,

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                              the state agency may proceed with its consideration of the proposed action in
                              accordance with 19 NYCRR Part 600.


                              If the Village notifies the state agency in writing that the proposed action does
                              conflict with the policies and/or purposes of its approved LWRP, the state agency
                              shall not proceed with its consideration of, or decision on, the proposed action as
                              long as the Resolution of Conflicts procedure established in Section 5 below shall
                              apply. The Village shall forward a copy of the identified conflicts to the
                              Secretary of State at the time when the state agency is notified. In notifying the
                              state agency, the Village shall identify the specific policies and purposes of the
                              LWRP with which the proposed action conflicts.

                      5.      Resolution of Conflicts


                              The following procedure applies whenever a local government has notified the
                              Secretary of State and state agency that a proposed action conflicts with the
                              policies and purposes of its approved LWRP.

                              Upon receipt of notification from a local government that a proposed action
                              conflicts with its approved LWRP, the state agency should contact the local
                              L)VRP official to discuss the content of the identified conflicts and the means for
                              resolving them. A meeting of state agency and local government representatives
                              may be necessary to discuss and resolve the identified conflicts. This discussion
                              should take place within 30 days of the receipt of a conflict notification from the
                              local government.

                              If the consultation between the situs local government and the state agency results
                              in the resolution of the identified conflicts, then, within seven days of the
                              discussion, the situs local government shall notify the state agency in writing,
                              with a copy forwarded to the Secretary of State, that all of the identified conflicts
                              have been resolved. The state agency can then proceed with its consideration of
                              the proposed action in accordance with 19 NYCRR Part 600.

                              If the consolidation between the situs local government and the state agency does
                              not lead to the resolution of the identified conflicts, either part may request, in
                              writing, the assistance of the Secretary of State to resolve any or all of the
                              identified conflicts. This request must be received by the Secretary within 15
                              days following the discussion between the situs local government and the state
                              agency. The party requesting the assistance of the Secretary of State shall
                              forward a copy of their request to the other party.

                              Within 30 days following the receipt of a request for assistance, the Secretary or
                              a Department of State official or employee designated by the Secretary, will


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                             discuss the identified conflicts and circumstances preventing their resolution with
                             appropriate representatives from the state agency and situs local government.

                             If agreement among all parties cannot be reached during this discussion, the
                             Secretary shall, within 15 days, notify both parties of his/her findings and
                             recommendations.


                             The state agency shall not proceed with its consideration of, or decision on, the
                             proposed action as long as the foregoing Resolution of Conflicts procedures shall
                             apply.





































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              B.      Procedural Guidelines for Coordinating NYS Department of State (DOS) and LV;RP
                      Consistency Review of Federal Agency Comments

                      I      Direct Actions

                             a.      After acknowledging the receipt of a consistency determination and
                                     supporting documentation from a federal agency, DOS will forward copies
                                     of the determination and other descriptive information on the proposed
                                     direct action to the Mayor of the Village of Tivoli and to other interested
                                     parties.

                             b.      This notification will indicate the date by which all comments and
                                     recommendations must be submitted to DOS and will identify the
                                     Department's principal reviewer for the proposed action.

                             C.      The review period will be about twenty-five (25) days. If comments and
                                     recommendations are not received by the date indicated in the notification,
                                     DOS will presume that the Village has "no opinion" on the consistency of
                                     the proposed direct federal agency action with the LWRP policies.

                             d.      If DOS does not fully concur with and/or has any questions on the
                                     comments and recommendations submitted by the Village, DOS will
                                     contact the municipality to discuss any differences of opinion or questions
                                     prior to agreeing or disagreeing with the federal agency's consistency
                                     determination on the proposed direct action.

                             e.      A copy of DOS' "agreement" or "disagreement" letter to the federal
                                     agency will be forwarded to the Mayor of Tivoli.

                      2.     Permit and License Actions

                             a.      DOS will acknowledge the receipt of an applicant's consistency
                                     certification and application materials. At that time, DOS will forward a
                                     copy of the submitted documentation to the Mayor and will identify the
                                     Department's principal reviewer for the proposed action.

                             b.      Within thirty (30) days of receiving such information, the Mayor will
                                     contact the principal reviewer for DOS to discuss: (a) the need to request
                                     additional information for review purposes: and (b) any possible problems
                                     pertaining to the consistency of a proposed action with the LWRP
                                     policies.





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                             C.     When DOS and the Mayor agree that additional information is necessary,
                                    DOS will request the applicant to provide the information. A copy of this
                                    information will be provided to the Mayor upon receipt.

                             d.     Within thirty (30) days of receiving the requested additional information
                                    or discussing possible problems of a proposed action with the principal
                                    reviewer for DOS, which ever is later, the Mayor will notify DOS of the
                                    reasons why a proposed action may be inconsistent or consistent with the
                                    LW" policies.

                             e.     After the notification, the Mayor will submit the municipality's written
                                    comments and recommendations on a proposed permit action to DOS
                                    before or at the conclusion of the official public comment period. If such
                                    comments and recommendations are not forwarded to DOS by the end of
                                    the public comment period, DOS will presume that the Village has "no
                                    opinion" on the consistency of the proposed action with the LY*IRP
                                    policies.

                             f.     If DOS does not fully concur with and/or has any questions on the
                                    comments and recommendations submitted by the Village on a proposed
                                    permit action, DOS will contact the Mayor to discuss any differences of
                                    opinion prior to issuing a letter of "concurrence" or "objection" to the
                                    applicant.

                             9.     A copy of DOS' "concurrence" or "objection" letter to the applicant will
                                    be forwarded to the Mayor.

                     3.      Financial Assistance Actions

                             a.     Upon receiving notification of a proposed federal financial assistance
                                    action in Tivoli, DOS will request information on the action from the
                                    applicant for consistency review purposes. As appropriate, DOS will also
                                    request the applicant to provide a copy of the application documentation
                                    to the Mayor of the Village of Tivoli. A copy of this letter will be
                                    forwarded to the Mayor and will serve as notification that the proposed
                                    action may be subject to review.

                             b.     DOS will acknowledge the receipt of the requested information and
                                    provide a copy of this acknowledgement to the Mayor. DOS may, at this
                                    time, request the applicant to submit additional information for review
                                    purposes.

                             C.     The review period will conclude thirty (30) days after the date on DOS'
                                    letter of acknowledgement or the receipt of requested additional


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                                    information, whichever is later. The review period may be extended for
                                    major financial assistance actions.

                             d.     The Mayor must submit the municipality's comments and
                                    recommendations on the proposed action to DOS within twenty days (or
                                    other time agreed to by DOS and the Mayor) from the start of the review
                                    period. If comments and recommendations Are not received within this
                                    period, DOS will presume that the Village has "no opinion" on the
                                    consistency of the proposed financial assistance action with the LY;RP
                                    policies.

                            e.      If DOS does not fully concur with and/or has any questions on the
                                    comments and recommendations submitted by the municipality, DOS will
                                    contact the Mayor to discuss any differences of opinion or questions prior
                                    to notifying the applicant of DOS' consistency decision.
                            f.      A copy of DOS' consistency decision letter to the applicant will be
                                    forwarded to the Mayor.




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