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


			Village of Lewiston
Local Waterfront Revilatlization Program



Adopted:
Village of Lewiston Board of Trustees, December 18, 1989
Approved:
NYS Secretary of State Gail S. Shaffer, February 26, 1991
Concurred:
U.S. Office of Ocean and Coastal Resources Management, April 24, 1991









                                                                 OFFICE COPY


                                                         						Received

                                                 STATE OF NEW YORK                          DEC 19 1991                                                
								DEPARTMENT OF STATE
                                                ALBANY, N.Y. 12231-0001			CPD/sn
                GAIL S. SHAFFER
               SECRETARY OF STATE


                                                  DEC. 11  1991




               Mr. James Burgess, Chief
               Coastal Programs Division
               Office of Ocean and Coastal
                 Resource Management
               1825 Connecticut Avenue, NW
               Washington, DC 20235

               Dear Mr. Jim Burgess::

               Enclosed is the Village of Lewiston Local. Waterfront Revitalization Program  (LWRP).
               The LWRP has been adopted by the municipality and approved by the New York State
               Secretary of State, In addition, 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, feel free to
               contact either myself or Charles McCaffrey of this office at (518) 474-6000.

                                                        Sincerely,




                                                        George R. Stafford
                                                        Director
                                                        Division of Coastal Resources
                                                          and Waterfront Revitalization

               GRS: gn

               Enclosure
                                                          US Department of Commerce
                                                       NOAA Coastal Services Center Library     
								        2234 South Robson Avenue
                                                        Charleston, SC 29405-2413

                                                                                  










                                                  Village of Lewiston
           Local Waterfront Revitalization Program











                                              US DEPARTMENT OF COMMERCE
                                             
                                         NOAA COASTAL SERVICES CENTER LIBRARY
                                           SOUTH HOBSON AVENUE
                                           CHARLESTON, SC 29405-2413
     



                                                                               Adopted:
                                 Village of Lewiston Board of Trustees, December 18, 1989
                                                                           Approved:
                                 NYS Secretary of State Gail S. Shaffer, February 26, 1991

                                                                             Concurred:
                   U.S. Office of Ocean and Coastal Resources Management, April 24, 1991








              This Local Waterfront Revitalization Program
              has been adopted and approved in accordance
              with the provisions of the Waterfront
              Revitalization and Coastal Resources Act of
              1981 (Executive Law, Article 42) and its
              implementing     regulations     (6 NYCRR     601).
              Federal concurrence on the incorporation of
              this Local Waterfront Revitalization Program
              into the New York State Coastal Management
              Program as a Routine Program Implementation
              has been obtained in accordance with the
              provisions     of    the   U.S.    Coastal     Zone
              Management Act of 1972 (P.L. 92-583), as
              amended, and its implementing regulations
              (15 CFR 923).


              The   preparation      of   this    program     was
              financially aided by a federal grant from          *
              the U.S. Department of Commerce, National
              Oceanic    and   Atmospheric      Administration,
              Office   'of   Ocean    and   Coastal     Resource
              Management,      under     the     Coastal     Zone-
              Management     Act    of   1972,    as    amended.
              Federal Grant No. NA-82-AA-D-CZ068.



              The New York State          Coastal ' Management
              Program    and   the    preparation      of   Local
              Waterfront     Revitalization      Programs      are
              administered     by     the   New     York    State
              Department of State, Division of Coastal
              Resources and Waterfront Revitalization,
              162 Washington Avieriue, New York 12231.












                                     US Departmentof Commerce
                               NOAA Coastal Servi 6-e,ï¿½ Center Library
                                      2234 South llcboom, Avenue
                                      Charleston, SC 29405-2,@13







                                             @.A






                                         STATE OF NEW YORK
                                       DEPARTMENT OF STATE

                                        ALBANY. N.Y. 12231 -0001
            GAIL S. SHAFFER
           SECRETARY OF STATE




                                               2






           Honorable Marilyn Toohey
           Ma)ror
           Village of Lewiston
           145 North Fourth'Street
           Lewiston, New York   14092


           Dear Mayor Toohey:

           It iswith great pleasure that T inform you that, pursuant to the Waterfront
           Revitalization of, Coastal Areas and Inland Waterwavs Act, 1 have approved
           the Village of Lewiston's Local Waterfront Revitalization Program (LWRP).
           The Village is to be commended for its thought@ul and energetic response to
           opportunities presented along its waterfront.

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


           Again, 'I would like to commend the Village of Lewiston on its efforts to
           develop the.1,WRP and look forward to working with you in the years to come
           as you endeavor to revitalize your waterfront.

                                                Sincerely,







                                                Gail S. Shaffer
           GSS:gn
















                      Resolution of the Village Board of Trustees
             Adopting the Lewiston Local Waterfront Revitalization Proc;ram



           WHEREAS, the Village of Lewiston entered into a contract with the New
           York State Department of State, dated July 29, 1983 for preparation
           of a Local Waterfront Revitalization Program; and

          'WHEREAS, a Draft Local Waterfront Revitali'zation Program (DLWRP)
           was prepared under said contract with the guidance of Wendel Engineers,.
           P.C.;

           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 of Article 8,
           of the Environmental Conservation Law; and

           WHEREAS, a DLWRP and DEIS were referred to appropriate local, county,
           Stat6 and federal agencies in accordance with State and federal
           requirements; and

           WHEREAS, a Final Environmental Impact Statement (FEIS) was prepared and
           accepted by the Mayor and Village Board of Trustees as complete on
           November 20, 1989

           NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Village Board of
           Trustees of the Village of Lewiston, New York, that the Local
           Waterfront Revitalization Program for the Village of Lewiston is
           hereby approved and adopted.


           Resolution passed at a regular meeting of the Village Board of
           Trustees on December 18, 1989.



                                         I herein certify this is a true and
                                         correc,V coRy of---@sa'd resolution.
                                                           '1,4.(
                                            Al@ Ale Aoo-y@
                                         Village Cler-k!JTreasurer





                                    '141 OF CO N.
                                            UNITED STATES DEPARTMENT OF COMMERCE
                                            Nationai Oceanic and Atmospheric Administration
                                            NATIONAL OCEAN SERVICE
                                            OFF(CE OF OCEAN AND COASTAL RESOURCE MANAGEMEN
                                    "A' Sol                                 T
                                            Woshington, D.C. 20235
                                             APR 2 4 1991




       George Stafford
       Director
       Division of Coastal Resources
        and Waterfront Revitalization
       Department of State
       162 Washington Street
       Albany, N.Y. 12231

       Dear Mr. Stafford:

       The office of ocean and Coastal Resource Management concurs with
       your request to incorporate the Village of Lewiston Local Water-@
       front Revitalization Program (LWRP) into the New York State
       Coastal Management Program as a Routine Program Implementation
       (RPI) change-. We received comments from eight Federal agencies,
       none objecting to incorporating the LWRP as a RPI. This approval
       assumes you will make no further changes to the document in
       addition to the ones submitted.

       In accordance with the Coastal Management Regulations, 15 CFR
       923.84, Federal Consistency will apply to the Village of Lewiston
       after you publish notice of our approval.



                                Sincerely,


                              @/'James P. Lawless
                                Acting Director














                                                                      6W





                  Section                           TABLE OF CONTENTS                             Page

          I.      WATERFRONT REVITALIZATION AREA BOUNDARY                                         I-1 - 1-5


          II.     INVENTORY AND ANALYSIS


                  A.      Historical Development           ..............                         1-3

                  B.      Water and Land Resmirces              .............                     11-4 -11-47
                          1.      Niagara River/Lake Ontario Area               .....             IJ-4
                          2.      Water Quality       . . . . . . . . . . . . . . . .             11-4 -11-5
                          3.      Water Uses/ Classifications         . . . . . . . . .           11-5 - 11-9
                          4.      Natural Resources :          . . . . . . . . . . . .            11-9 -11-15
                          5.      Human /Cultural Resources           . . . . . . . . .           11-15 - 11-16
                          6.      Land Uses and Physical Conditions              . . . .          11-16 - 11-37
                          7.      Community Services/ Infrastructure               . . .          11-37 - 11-47

          III.    STATE AND LOCAL COASTAL POLICIES                      . . . . . . . .           III-1 - 111-32


          IV.     PROPOSED LAND AND WATER USES AND PROPOSED PUBLIC
                  AND PRIVATE PROJECTS


                  A.      Proposed Land and Water Uses             . . . . . . . .                IV-3 - IV-6
                  B.      Waterfront Preservation and Revitalization Strategy                     IV-6 - IV-@)
                  C. ,    Proposed Public and Private Projects              . . . . . .           IV-9 - IV-1-3

          V.      TECHNIQUES FOR LOCAL IMPLEMENTATION

                  A.      Local Laws        . . . . . . . . . . . . . . . . . . . .               V-3 - V-5
                  B.      Other Actions Necessary to Implement the LWRP                           V-5 - V-8
                  C.      Management Structure Necessary to Implement
                          the LWRP          . . . . . . . . . . . i . . . . . . . ..              V-8 - V-10
                  D.      Financial Resources Necessary to Implement
                          the LWRP          . . . . . . . . . . . . . . . . . . . .               V-11


          VI.     FEDERAL AND STATE PROGRAMS LIKELY TO AFFECT IMPLEM[ENTATION

                  A.      State and Federal Actions and Programs Which Should
                          Be Undertaken Consistent with LWRP
                          I .     State Agencies        . . . . . . . . . . . . . . .             VI-4 - VI-15
                          9.      Federal Agencies        . . . . . . . . . . . . . .             VI-16 -VI-22

                  B.      Fpderal and State Actions and Programs Necessary to
                          Further the LWRP         . . . . . . ... . . . . . . . . .              VI-23 - VI-24

          VII.    CONSULTATION WITH OTHER AFFECTED AGENCIES


                  A.      Narrative         . . . . . . . . . . . . . . . . . . . .               VII-3
                  B.      Procedure         . . . . . . . . . . . . .     I . I .  . . .          VII-3 - VII-4
                  f@.     Focus             . . . . . . . . . . . . . . . . . . . .               VII-4 - VII-6
                  D.      Review of Draft LWRP          . . . . . . . . . . . . . . .             VII-6











                                               TABLE OF CONTENTS
                                                     CONTINUED

                 Section                                                                Page No.

         VIII.   OBTAINING LOCAL COMMITMENT

                 A.     Citizens' Advisory Committee        ...........                 V111-3
                 B .    Resource Locations Naterials        ...........                 VIII-3
                 fl.    Developing Support for LWRP         ...........                 V111-3 - V111-4
                 D.     Local Commitment      . . . . . . . . . . . . . . . . .         V111-4
                 E.     Public Participation    . . . . . . . . . . . . . . . .         V111-4 -VIII-5

                 APPENDIX A - AMENDMENT TO VILLAGE PLANNING REGULATIONS

                 APPENDIX B - AMENDMENTS TO VILLAGE ZONING ORDINANCE


                 APPENDIX C        GUIDELINES FOR REVIEW OF PROPOSED STATE AND FEDERAL
                                  ACTIONS




















                                                                                LIST OF MAPS



                     NIT 0.                           Description

                      I.        Local Waterfront Revitalization Area (LWRA) Boundary
                      2.        Water Resources and Classification
                      3.        General Topographic Regions
                      4.        Existing LWRA Land Use
                      5.        LWRA Land Resources
                      6.        Village Zoning Districts
                      i .       Historic Sites
                      8.        Transportation and Parking
                      9.        LWRA Water Lines
                     10.        LWRA Sanitary Sewers
                     11.        Proposed Land and Water Uses
                     12.        Existing Land Use - Lewiston Landing Waterfront Park Site
                                and Adjacent Lands
                     13.        Lewiston Landing Waterfiont Park Plan (concepted plan)
                     14.        Proposed Project Locations
                     15.        Management Structure for Review of Actions in the LWRA





                                                                             LIST OF TABLES



                     No.                   Description



                      I         Existing Village Land Uses - Acreage
                      2.        Existing LWRA Land Uses - Acreage
                      3.        WaterfrontUse Inventory
                      4.        Shoreline Ownership and Accessibility
                      S.        Project Schedules and Resources






 0










                                                                            I
 9,                                SECTION I
                   WATERFRONT REVITALIZATION AREA-BOUNDARY

























 0










           A.      LWRA BOUNDARY

           The boundaries of the Village's Local Waterfront Revitalization Area (LWRA) are as
            follows:

                  0      The LWRA boundary first contacts the Village from the north at the
                         confluence of the eastern and northern limits of the Village, commonly
                         delineated as the Village Line;

                  0      The boundary runs easterly along the northern Village Line to the east
                         right-of -way line of Second Street (known as State Route 18F) , where
                         it intersects with the Village Line; then,

                  0      Southerly along the east right-of -way line of Second Street to the north
                         right-of -way line of Oneida Street; then,

                  0      Easterly along the north right-6f -way line of Oneida Street to the east,
                         right-of -way line of Fourth Street; then,

                  0      Southerly along the east right-of -way line of Fourth Street across
                         Tuscarora Street and to the southern right-of -way line of Tuscarora
                         Street; then,

                  0      Easterly along the southern right-of -way line of Tuscarora Street to a
                         point approximately 390 feet east of the eastern right-of-way line of
                         Seventh Street (not surveyed) coincident with the southeast corner of
                         Parcel No. 3178, as recorded in the Niagara County Clerk's Office,
                         Lockport, New York (Liber 1671, page 21); then,

                 .0--    Generally northeasterly along the eastern property lines of Parcels NO.
                         3178 and 3177, as recorded above, to the intersection of the east
                         property line of Parcel No. 3177 with the south right-of -way line of
                         Seneca Street, approximately 24 feet west of the west right-of-way line
                         of South Eighth Street; then,

                  0      Generally easterly along the south right of way line of Seneca Street to
                         the intersection. with the centerline of Robert Moses Parkway right of
                         way; then,

                  0      Generally southwesterly following the centerline of the Robert Moses
                         Parkway right of way to the Town of Lewiston line; then,

                  0      Westerly along the Village/Town of Lewiston line to the Village
                         waterside boundary; then

                  0,     Northerly along the Village Waterside Boundary to the -northern limit of
                         the Village at the Village/Town line, to the point of beginning.






                                                      1-3










          B. WATERSIDE BOUNDARY

          The waterside boundary of the LWRA is established by the waterside boundary of the
          Village. This boundary is coterminous with the New York State/ United States
          Border with Canada which is located in the Niagara River.

          See Figure 1, which graphically displays the LWRP boundary.













































                                               1-4






                         V I L L A G E                                             LEWISTON                                        FIGURE I                                          SECTION I

                                                                                                                                                                                                                                                                                                                                   L
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                                     SECTION II



                              INVENTORY AND ANALYSIS










             A.    HISTORICAL DEVELOPMENT

             The Lower Niagara River and Lewiston area historically played a        key role in the
             commerce and growth of the Niagara Frontier. Early Indians vied for the control of
             Great Lakes access afforded by the River and established important settlements in
             the vicinity. The old Lewiston Trail, which followed Center Street in the Village,
             traversed the ridge of pre-historic Lake Iroquois and was the major Indian
             transportation route and trade artery between the Niagara Frontier and the Mohawk
             Valley.

             Recorded activities of European explorers can be traced to 1615 when Stephen Brule,
             an interpreter for the French explorer Champlain, visited the Neuter Indians and
             spent the winter in the area. He was followed by numerous traders and explorers,
             who established Lewiston as the primary transfer point of goods through the area via
             the Niagara Portage around the falls (which have since receded to their present
             location six miles down river). The first trading post was established in 1720 by
             Chaubert Joncaire, a French trader, and in 1764, Captain John Montressor built the
             first tram railway in America to transport goods up the Niagara Escarpment. The
             natural landing point at Lewiston and the western terminus of the Lewiston Trail to
             Albany made the community a major frontier trading settlement, with a thriving
             portage business, before 1800.,

             In 179'8, the Village of Lewiston was created by the New York State Legislature when
             the State Surveyor was requested to survey and establish a village of one square
             mile opposite Queenston, Ontario in honor of New York's Governor Lewis. In 1811,
             Lewiston became a major port as the Niagara Customs House was moved to the
             Lewiston docks from Fort Niagara. By 1817, lake steamers were arriving at the
             Lewiston docks at the foot of Center Street. The population of the Village grew to
             over 6,-000, nearly twice the current population, with development spreading out
             from the center of the waterfront.

             Although waterfront commerce declined greatly with the completion of the Erie Canal,
             and subsequently the Welland Canal, lake freight via steamers to Toronto and the St.
             Lawrence River was still important into the early 1900's. The growth of the railroads
             in America further diminished the activity of lake commerce, but supported the
             growth of tourism and recreation in the area. Lake steamers continued to carry
             passengers from Lewiston until 1938, when ice jams destroyed the docks. The Great
             Gorge Scenic Railway from Niagara Falls to Lewiston ran to the docks (with its
             adjacent hotels) until the 1930's.

             Although tourism remains the primary industry of the Village, the. historic
             waterfront is no longer the center of this activity or village life. Recently, however,
             with improved water quality and increased recreational use of Lake Ontario and the
             Niagara River, the natural landing point at Lewiston,'providing rare access along
             the steeply embanked Niagara River gorge, has taken on renewed importance.
             Today, there are new opportunities for restoring the Village's historical association
             with the Niagara River in traditional and new ways.







                                                       11-3










            B.     WATER AND LAND RESOURCES

                   1.    NhMum River/Lake Ontario Area

                   The lower Niagara River is a swift, north flowing water course that is the
                   spillway between Lakes Erie and Ontario. As the major outlet for the upper
                   Great Lakes, it provides critical water level adjustments and acts as the
                   control for Lake Erie elevations. It empties into Lake Ontario and on through
                   the St. Lawrence Seaway System to the Atlantic Ocean. Average mean water
                   elevation is 248-249 feet (International Datum) above sea level at Lewiston.
                   However, maximum daily fluctuations recorded at the Niagara Power Station
                   (Power Authority of the State of New York) can be three feet above Lake
                   Ontario (mean elevation of 243-247 feet) at the mouth of the River according
                   to the U.S. Army Corps of 'Engineers. This results in a maximum daily
                   variation in river water level from 244-250 feet at Lewiston, or a six-foot level
                   change that must be compensated for in any in-water or shoreline
                   improvements.

                   The Niagara River runs through a steep gorge near Lewiston and is well
                   protected from wind and storm action. This creates nearly continuous calm
                   water, excellent for boating and water activities. These activities increase
                   even more when Lake Ontario and the mouth of the River are roughened by
                   winds, as the area acts as a safe harbor large enough to support numerous
                   water sports (sailing, water skiing, fishing, etc.). In addition, the River is
                   widened at Lewiston (due to the original location of the falls at the Niagara
                   Escarpment that created a splash pool at Lewiston) which provides a natural
                   refuge from the swift river current. Water flow is actually up-river at the
                   Lewiston shore, creating a safe shelter for boat launching and landing. It
                   also provides a protected area for spawning of perch and smelt just north of
                   the Lewiston docks. The River is about 1, 300 feet wide at this point and
                   approximately 120-180 feet deep. This offers excellent navigational waters
                   that attracted the early lake steamers to Lewist.onin the 1800's.

                   2.     Water

                   The quality of Lower Niagara River water is partially dependent upon po      Iint
                   sources and runoff from upstream uses in the entire Great Lakes System. As
                   the River is a spillway of the system above Lake Ontario, much of the
                   pollutants are carried from the upper lakes and move. through the River.
                   Recent problems associated with River pollution include seasonal algae bloom
                   in Lake Erie and the East Branch of the Niagara River, occasional industrial
                   discharges into the upper river (reference: "Niagara River Toxics Report")
                   and possible leachate from toxic landfills into the drainage system, including
                   the river upstream.      The swift-riinning current of. the Niagara River
                   currently creates sufficient dilution and transmission of potential pollutants
                   to reduce pr'oblems; of water quality or sedimentation. Sediment samples taken
                   off the Lewiston dock for a NYSDEC permit for dock renovation (Permit #932-
                   07-0080; March, 1983) indicated total halogenated organics (THO) and.
                   mercury levels dramatically below allowable standards: THO samples-0.13
                   parts per million; mercury levels-0. 11 parts per million; NYSDEC standard is
                   50 parts per million. Oxygen levels in the lower River are near saturation and
                   are excellent for fish support.


                                                     11-4








                   Water quality is an important concern to the Village in support of fishing and
                   -recreation opportunities. The River is currently designated Class A -Special
                   (International Boundary Waters) and should be retained as such to preserve
                   this natural resource. The major concerns along the Village shoreline include
                   bank erosion and urban runoff. A section of the shoreline between Onondaga
                   and Center Streets (south of the docks) is unprotected and subject to erosion
                   and should be bulkheaded -to reduce further deterioration. Bulkheads south
                   of Center Street may need to be repaired. In addition, overland runoff from
                   the LWRA exits indiscriminately into the Niagara River at numerous points.
                   They often carry urban pollutants (salt, dust, settled particulates) and
                   should be better managed. A drainage study of road/ residential runoff into
                   the River is required to insure that recreation opportunities and critical fish
                   habitats are not compromised.

                   3.    Water Uses/ Clasaffication

                   Lewiston is one of the older communities in Western New York and has been
                   developed for many years. As a result of historical changes in commerce and
                   land use, the waterfront has become underutilized and somewhat neglected.
                   To help assess opportunities for new waterfront uses, off -shore areas have
                   been classified as either River Channel, Transition Waters, or Shoreline
                   Waters and existing water uses and activities within each area have been
                   inventoried (Figure 2).

                         a.     River Channel

                         The Niagara River Channel is well off the shoreline of Lewiston and'
                         represents swift-running waters designated as navigable'by the U. S.
                         Army Corps of Engineers. Typical uses include boating, fishing.,
                         access to Lake Ontario and other river locales, and municipal water
                         supply (farther up-river above the FaHs). The channel is quite deep
                         and no longer used for commercial purposes, but provides active
                         recreational and pleasure uses to the area. Local fishing includes
                         perch, smelt, salmon, trout and bass.

                         b .    Transition Waters


                         The Transition Waters of the River are defined as the area between
                         shore-Une facilities and the channel from the area of Cayuga Street to
                         Oneida Street, inclusive. ' It is a refuge from the river channel. where
                         water flow reverses, creating a mild up-river eddy and protected boat
                         landing opportunity. The area is fully accessible by'deep water as the
                         river bottom slopes off very sharply from the shore (formed by the
                         ancient plunge pool of the original Falls). No significant shoaling or
                         siltation is known to exist in this area. In the northern portion of this
                         area lies a fish spawning area that is highly favored for fishing (perch,
                         smelt).

                         Major activities in the Transition Waters are varied. Powered and non-
                         powered boats use the waters for access to shoreline facilities. Off -
                         shore fishing is frequent in this area as in on-shore fishing from the
                         banks, docks and pier. During the summer season, it is not unusual

                                                     H-5









                         to find children swimming in these waters and/or jumping from adjacent
                         docks. In addition, there is high-speed boating and water skiing,
                         including a ski-jump maintained by a local water ski club and anchored
                         in the water during the main season (May -September).

                         Many of these uses tend to be inconsistent with one another. The use
                         of high-speed boats and water skiing often conflicts with fishing, non-
                         powered boating or sailing and boat launching I access to shoreline
                         facilities. Most power boat activities conflict with swimming in the area
                         and may pose a substantial hazard to the safety of those in the water.
                         A resolution of incompatible uses and some segregation is required to
                         accommodate the range of activities, and not totally compromise or
                         endanger one for the sake of the other. Of key importance, also, is the
                         preservation of the fish spawning area to protect the resource that
                         currently draws the bulk of patrons to Lewiston and its waterfront.

                         C.    Shoreline Waters

                         Shoreline waters are defined as the area immediately adjacent to the
                         shoreline. This area extends for over 5,600 feet and is where land and
                         water uses interact most heavily. It includes important natural and
                         man-made features which need to be considered in planning for the
                         waterfront.

                         According to maps provided by the NYS Office of General Services,
                         most of the nearshore area within the Village of Lewiston is owned by
                         the State of New York. In 1895, however, the State - made four
                         "beneficial enjoyment grants" which generally convey full ownership
                         rights to upland property owners, provided that the underwater lands
                         were subsequently conveyed to these owners. Ownership rights,.
                         however, do not exempt owners from local, State, and Federal
                         regulations governing the use of the underwater lands or the waters
                         flowing over these lands.

                         According to the OGS maps, the four underwater parcels, all of which
                         are adjacent to the shoreline, include: (1) a parcel extending for the
                         entire length of the block between the Oneida and Onondaga streets
                         right-of -ways, about 465 feet, and extending off -shore for 125 feet on
                         the north side and 100 feet on the south side; (2) a parcel extending
                         south of the Seneca Street right-of -way for approximately 260 feet and
                         extending off @-shore for about 120 feet; (3) a small parcel, 67 1[2 feet
                         by 119 feet, located just north of the Tuscarora Street right-of -way;
                         and (4) a parcel located between the Tuscarora and Fourth Streets
                         right-of -ways, which extends for 935 feet at the shoreline and extends
                         off-shore for 100 feet on the north side and 73 1/2 feet off the south
                         side. (Note that the location of these parcels with respect to the
                         shoreline may have been altered with changes in the shoreline from
                         erosion, filling or other factors and can only be determined by a
                         property survey).




                                                    H-6





                                                                                                                                                                                           LWRA WATE
                      VILL AGE                   0 F        LEWISTON                      FIGURE 2





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                         Steep banks crown the shoreline north of Onondaga Street and south of
                         Cayuga Street, limiting the development and potential for development
                         of in-water structures. The northern portion of the shoreline above
                         Onondaga Street currently contains no in-water or shoreline struc-
                         tures. Valuable fish spawning beds exist in and adjacent to this area,
                         making it an important sport fishing resource (see also the Fish and
                         Wildlife chapter, below). The area, which is accessible only by boat,
                         is best preserved for fish production. The lands adjacent to the
                         shoreline are privately owned (except for paper street ends.) and there
                         is some potential for development of private docking and mooring
                         facilities by adjacent upland property owners. Such facilities need to
                         be properly planned, designed and constructed so as to ensure boating
                         safety, boat access to public facilities at Lewiston Landing, protection
                         of fish resources, and preservation of the natural erosion protection
                         and scenic features of the shoreline bluffs.

                         The southern portion of the shoreline below Cayuga Street is bordered
                         by Artpark and privately owned lands. A public fishing pier, pro-
                         viding limited shore fishing, is located within Artpark. No other in-
                         water or shoreline structures exist in this area. The area is not easily
                         accessible, but like the northern portion of the shoreline, has some
                         potential for development of private docking and mooring facilities by
                         adjacent property owners.
                         The shoreline between Cayuga and Onondaga Streets is the most
                         accessible portion of the waterfront and contains public and private
                         boat docking facilities. The shoreline is protected by bulkheads. The
                         public docks, a double boat launch, and bulkheading at Lewiston
                         Landing (north of center street) are of recent construction and in
                         excellent condition. The facilities are used year-round for fishing and
                         boat launching. The area to the south of Lewiston Landing presents
                         the best opportunity along the Lewiston shoreline for public and/or
                         private expansion of boat docking facilities. (See the Public Access and
                         Recreation chapter for further description.)

                  4.     Natural Resources

                         a.    Geography

                         The Village of Lewiston lies in the western part of Niagara County at
                         the base of the Niagara Escarpment. It is part of the Iroquois Plain
                         which stretches from the Escarpment to Lake Ontario and covers the
                         entire northern half of Niagara County. The Plain is gently rolling
                         near the Village and varies in elevation from 245 feet above sea level at
                         the Lake to 600 feet at the Escarpment. The Escarpment is composed of
                         mixed sandstones (Whirlpool, Grimsby and Thorold), capped by
                         Lockport Dolomite, while the Iroquois Plain is Queenston Shale which
                         underlies the entire area about 1, 200 feet thick. These formations are
                         generally overlain with glacial tM and/or sandy, fine-textured soil of
                         moderate to poor drainage characteristics. The Niagara Escarpment
                         and Iroquois Plain are the northernmost geologic features of the region
                         (Figure 3).

                                                    U-9









                         The Niagara Escarpment runs through the southwest portion of the
                         Village of Lewiston and forms a dramatic backdrop to the community.
                         The Escarpment at Lewiston was the original location of Niagara Falls,
                         which eventually receded to its current position six miles to the south.
                         The majority of the Village is built on the flat plain below the
                         Escarpment which falls off toward the Niagara River near the water-
                         front. Most of the waterfront is bordered by steep bluffs of one
                         hundred feet or more, with the exception of the area at the base of
                         Center Street, known as the Lewiston Landing. Water access at this
                         point has been a historical resource that initiated the formation of the
                         community. Waterfront elevations range from 246.5 feet at the River to
                         350 feet along the western LWRA boundary and as high as 550 feet at
                         the top of the Escarpment. Soils tend to be deep and moderately well-
                         drained (Lacustrine Sand deposits) in the LWRA and deep, poorly-
                         drained (Rhinebeck/ Ovid) in the rest of the Village. Occasional
                         outcroppings of glacial boulders embedded in a shale/ red clay mixture
                         occur in the LWRA within Artpark.

                         The majority of the Village drains to the Niagara River via overland flow
                         and inadequate street ditching. Soils possess generally poor drainage
                         characteristics and are subject to moderate erosion near the waterfront,
                         due to steep slopes and their shale/clay composition. Development
                         within the LWRA is limited by soil composition and best restricted to
                         residential and recreation uses.

                         b.    Vegetation

                         Niagara County is in the Oak-Hickory forest biome indigenous to most
                         of Western New York. Characteristic species in        .clude Red Maple,
                         Beech, Hemlock, White Oak, Elm, Chestnut, Hickory and a variety of
                         other oaks and hickories. A number of plants that are on the New York
                         State list of protected species occur in Niagara County and include the
                         showy Calpiphilic group found along the Niagara River Gorge. Common
                         species occasionally found in wooded areas     'or along bluffs include
                         Butterfly-Weed, American Bittersweet, various fern (Buckhorn, Curly-
                         Grass, Maidenhair, Salvinia, Walking-Leak, Woodsia, etc.), Blue-
                         Bottles, Golden-Seal, Lily, Cardinal Flower, Wild Crabapple, Bloodroot
                         and Trillium.

                         Lewiston is an integral part of county flora groups. However, since the
                         Village is mostly developed, many of the species indigenous to the area
                         are not found and their propagation has been diminished. The only
                         valuable forest areas in the Village coincide with the steep slopes
                         encountered along the Escarpment, waterfront and between First and
                         Third Streets (Onondaga to Cayuga, along inland slope). These areas
                         are mostly unsuitable for urban development and have retained some
                         mature trees and natural vegetation. These slope areas also, present
                         the primary land forms within the Village that offer diversity and
                         represent a substantial natural resource in the coastal area.





                                                    11-10























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                        C.    Fish and Wildlife

                        Fish: The lower Niagara River is one of the best fishing spots in
                        Western New York, offering year-round game and pan fishing,
                        numerous annual fishing derbies and excellent warmwater1coldwater
                        fisheries. The lower one-mile (near Lake Ontario) is fine spawning for
                        smallmouth bass and panfish (perch, blackbass and smelt in
                        abundance). Significant seasonal game fish include coldwater species
                        (stocked coho, chinook and steelhead salmon; rainbow and brown trout)
                        and warmwater species (northern pike, bass and walleye). The stocked
                        species have had a favorable effect on the sport fishing industry,
                        replacing the blue pike and lake sturgeon which are classified as
                        endangered. Although numerous fish kills have been recorded in Erie
                        and Niagara Counties (NYSDEC, 1970-1976), no significant losses have
                        been. noted along the Lower Niagara River.

                        Lewiston's waters are  renowned for local panfish species and contain
                        smelt and perch habitat just north of the boat landing in the Niagara
                        River that is important in. attracting game fishing to the area. The
                        nearby river gorge also is one of the best game fishing spots for area
                        anglers. Varieties of perch   'and smelt are caught on-shore at the
                        Village, while off-shore game fishing makes the landing an active boat
                        launch site, year-round.

                        Fowl:'The Lower Niagara River area is an excellent habitat for many
                        local and migratory birds and waterfowl. The open river .(year-round)
                        and steep bluff s offer summer and winter refuge and good. feeding
                        conditions for gulls and various waterfowl species. Herring, Ring-
                        billed, Bona-partes' and other gull species are commonly found in
                        abundance in the river gorge and along the lower river area. Wintering
                        waterfowl populations (NYSDEC winter survey, 1970-1976 indicated an
                        average of 2,135 on the Lower Niagara River) include the Black. Duck,
                        Mallard, Scaup, Canvasback, Bufflehead, Merganser and other species..
                        These species are continually threatened by up-river pollution that
                        affects both summer and  'winter waterfowl. The shores of the Niagara
                        River also provide modest habitat for small birds and pheasant.
                        Although the Village is urban in character, many species such as the
                        sparrow and various songbirds occupy the wooded areas in limited
                        numbers. Among the endangered species that may occasionally migrate
                        through the area are the American and Arctic Peregrin Falcon and the
                        Bald Eagle.

                        Wildlife: The Village of Lewiston contains no significant animal
                        population, although deer, fox and other mammals are known to exist
                        in many parts of Niagara County. Undeveloped lands along the shore-
                        line in the southern part of the LWRA (Artpark) and south of the
                        Village provide refuge for'bird and waterfowl and are also likely to
                        contain a variety of indidenous mammals including opossum, raccoon.,
                        skunk, chipmunk, squirrel, rabbit, mice, moles and other small
                        animals. The only endangered animal that might occur in the area is the
                        Indiana Bat, known to have existed as isolated individuals in Western
                        New York.


                                                   11-13










                         d      Flooding, Erosion, and Wetlands

                         The Lewiston shoreline has a -very small flood-prone area, as
                         determined by the Federal Emergency Management Agency. The only
                         likely inland area of potential inundation is the gully in Artpark near
                         the south Village line. This is the only portion of the waterfront
                         unprotected by steep slopes along the shore where flood waters can
                         encroach on adjacent property. Major flooding in the Village in past
                         years has been attributed to ice jams in the River that caused ice levels
                         to rise nearly seventy feet over normal water elevations. These events
                         have been significantly reduced by the installation of the ice boom at
                         the mouth of the River in Buffalo. The ice boom successfully limits
                         down river ice accumulation and mitigates flood and erosion damage and
                         keeps the Lower Niagara relatively ice-free most of the year. Flooding
                         of the magnitude described above has not occurred in over 20 years and
                         not since the ice boom has been utilized.

                         Shoreline erosion has not been significant in Lewiston, but has resulted
                         from two main causes - deterioration of the occasionally exposed
                         shale/ clay slopes near the waterfront and ice damage from winter ja  'ms.
                         While ice jams have been curtailed by use of the ice boom up river, the
                         demise of local shale to red clay requires stabilization and vegetation
                         cover to retard erosion damage. Any disturbance of slope areas need
                         to be accompanied by adequate pitching and appropriate tree/ ground
                         cover and restoration of exposed - slopes, especially near the
                         waterfront.

                         The Village  contains no designated wetlands within its boundaries,
                         based on County surveys by NYSDEC. No significant wet areas are
                         identified.

                         e.     Climate and Air Qualit

                         Climatic conditions in Lewiston are heavily influenced by the prevailing
                         westerly winds and weather patterns. These typically produce summer
                         circulation systems from the Gulf of Mexico and winter circulation
                         systems from Canada. The proximity of Lakes Erie and Ontario tend to
                         moderate temperature ' in the area and also increases annual
                         precipitation from additional local air moisture. Local data is collected
                         nearby at the U. S. Weather Bureau Stations in Lockport (440 feet
                         elevation,, in initiated 1891) and Buffalo Airport (705 feet e  'levation,
                         initiated 1870).      The Lockport station collects temperature,
                         precipitation, wind a-rid snowfall.

                         Average annual precipitation in Lewiston is twenty-nine inches, which
                         includes an aveiage sixty-five inches of snowfall per year (6.5
                         equivalent inches of water). Annual snowfall is among the lowest in the
                         region, which increases substantially to the south to a maximum average
                         of 140 inches in southern Erie County. Snow accumulation occurs
                         primarily from December through F   ebruary and annual thaws in March
                         and April can occasionally create significant runoff in combination with
                         spring storms. Average annual temperature at Lockport is 47.3

                                                    11-14









                         degrees, with a maximum of 103.0 degrees and a minimum of -24.0
                         degrees having been recorded. Based on data recorded at Buffalo,
                         average annual humidity is 80% at sunrise and 64% in the early
                         afternoon. Cloud cover occurs approximately 47% of the time during the
                         year, with, March to October being the predominantly sunny periods.

                         Air quality in Lewiston is monitored by New York stations in Lockport
                         and Niagara Falls and a Niagara County station in the Village of
                         Lewiston . The Village is in regional classification area Level 11 for
                         suspended and settleable emission particulates, which comprise the
                         major air quality elements related to public health. Total particulates
                         must not exceed 100 tons per year in accordance with U. S. EPA
                         standards.


                         Suspended particulates make up the bulk of total particulates and are
                         critical due to their potential respirability and, therefore, harm to
                         health. NYSDEC data repor     'ted in April, 1977 indicated that the
                         Lewiston monitor provided an annual geometric mean of 49 ug/ m' (1975 -
                         1976) which is well below the standard of 65 ugim' for Level II
                         classified areas. Nearby monitoring stations active from 1970-1976
                         demonstrated a continual decline in suspended particulates recorded.
                         Settleable particulates represent dustfall in the air which, although a
                         nuisance, are not as critical to public health. Monitors in 1974 and 1975
                         (.30 day periods) produced annual geometric means of 0.33 ugim' and
                         0. 44 ugI m'. respectively, which exceeded the standard of 0. 40   Ug/M3
                         in 1975. Combined total particulates have not been known to be
                         exceeded in Lewiston at any time.

                         Mobile source pollutants are not considered a problem in Lewiston, as
                         most regional monitors do not exceed existing air quality standards and
                         critical levels are mitigated through improved vehicle equipment by
                         1985. Acid rain presents recurrent problems in the entire region from
                         sources outside the area.

                  5.     Human/ Cultural Resources

                         a.    Demography

                         The population of the Village of Lewiston is relatively static, having
                         increased only slightly, by 1.0 percent, from 3,292 in 1970 to 3,326 in
                         1980. A recent projection (September, 1985) by the Erie and Niagara
                         Counties Regional Planning Board (Population, Disaggregation for
                         Transportation Purpose) for the year 2010 shows a small rise in
                         population to 3,382, an increase of 1.6 percent over the 1980
                         population.

                         Median age in the Village is a relatively high 35.0 years, compared to
                         a County-wide average of 29.0.years in 1980; 656 persons, or 19.7
                         percent, were 62 or older in 1980. Becauseof the high concentration'
                         of elderly, the number of persons per household, 2.58 in 1980, is lower
                         than the County average. Of the 1,250 households in the Village, 73%
 40

                                                    11-15









                         were family households (married couples with or without children) and
                         27% were non-family households.                                                   or
                         In 1980, some 50% of the population was in the labor force;
                         unemployment was 7.34% of the labor force. To a considerable extent,
                         a large proportion of the employed, 45.2%, were executive, adminis-
                         trators., managers, professionals or administrative support, included
                         clerical works.

                         This high concentration of managerial-type personnel is reflected in the
                         median household income of $21,489 in 1980. Two-worke'r families
                         accounted for 59.3% of all families, which, combined with the status of
                         the employed group, helps explain the relatively high household
                         income. As a corollary, owner households had a mean income of $30,153
                         while, for the renters, household income was $18,096 in 1980.

                         Median educational level was high, 12. 0 years. Some 86.2% of all pupils
                         in primary and secondary schools were in public schools. The average
                         number of school children per household was 0. 7.

                         The mean value of owner-occupied units was $47,859 and median rent
                         was $291 monthly, in 1980.

                   6.    Land Uses and Physical Conditiow

                   The Village of Lewiston contains 640 acres, or one square mile. Detailed land
                   use data was collected in 1968 for the Lewiston Master Plan and updated in
                   1975 from LUNR maps.. Categories from these s    .urveys are shown, in Table 1,
                   and have not substantially changed. Urban uses (residential, commercial and
                   roads) represent nearly 70% of Village development, while public, institutional
                   and recreational uses total over 18%. Useful vacant land (not on steep slopes)
                   is less than 10% of total land and no agricultural uses exist in the Village. The
                   only major land use changes since 1968 have been the development. of Artpark
                   and the conversion of an elementary school for a Village Hall at Fourth and
                   Onondaga Streets. Lewiston is considered a stable, established community
                   of predominantly residential character.

                   Total acreage in the LWRA is 211 acres, Which is 33. 0% of total Village land.
                   The LWRA (Figure 4) is simila,r to the Village in land use, but has a higher
                   share of public /institutional uses and lower percentages of urban uses (Table
                   2). Most of the Village public/ institutional space (75.6%) is in the LWRA.
                   While the bulk of this is in Artpark (50 acres), it also includes the Village
                   Hall, Lewiston Landing and wooded areas along the waterfront.

                   The low roadway percentage of the LWRA relative to the Village (23% of total
                   acreage versus 33% Village-wide) demonstrates the potential access problems
                   that plague the waterfront. The center of the Village's commercial district is
                   located outside of the LWRA toward the eastern end of Center Street, but
                   commercial uses extend along Center Street to the LWRA boundary at Fourth
                   Street. Commercial development in the LWRA is concentrated in the two-
                   block area east of First Street and south of Center Street.



                                                     11-16









                 the majority of open spacelvacant land coincides with steep slopes that are
                 restrictive to construction-. The difficult terrain of the LWRA has been, and
                 continues to be, a major factor shaping land uses and development. Most of
                 the shoreline is bordered by very steep, 30-100 foot banks. Another steep
                 slope crosses the waterfront area diagonally from' approximately Mohawk
                 Street at the river to the intersection of Seneca and Fourth Streets, causing
                 the breaks in the grid pattern of the streets through this area. While the two
                 blocks along the shoreline between Cayuga and Onondaga Streets to First
                 Street is the most accessible portion of the waterfront from both the water and
                 the land (via Center Street), the area is still relatively steep and hilly.
                 Development on the west sides of both First Street and Water Street sits on top
                 of the steep banks which traverse this area.

                 Lewiston's development began at the foot of Center Street along the narrow
                 band of relatively accessible waterfront which gave the economic incentive for
                 growth. As development spread, it was concentrated on the more suitable
                 flats between the hill at the waterfront and the Niagara Escarpment. This has
                 left the LWRA as mostly residential and public space. It is anticipated that the
                 area along Water Street can be used for concentrated waterfront development
                 to capitalize on the natural attributes of the area and the extensive tourist
                 -trade. The principal impediments are the lack of adequate public and private
                 recreational facilities and the lack of visible access between the central area
                 of the Village and the waterfront. While little developable vacant land exists
                 in the Water Street - Center Street area, much of the existing development is
                 underutilized or inappropriate for waterfront activities.

                       a.    Shoreline Uses and Conditions

                       This portion of the LWRA comprises the entire shoreline of the Village
                       from First Street to the Niagara River. The shoreline area encompasses
                       5,630 linear feet, devoted to a variety of public and private uses. Only
                       the 1, 190 feet at thei end of Center Street is directly accessible and
                       currently useable. Approximately 710 feet of this area (north of Center
                       Street to Onondaga Street) is under public ownership and contains the
                       Lewiston Landing, a new boat launch and docking facility built on the
                       site of the historical landing area.

                       Lewiston Landing     is part of a partially developed Village park,
                       currently referred to as Lewiston Landing Waterfront Park. Current
                       uses of the park are limited to the dock area (west of Water Street) and
                       include fishing, passive recreation (walks, benches), boat launching
                       and,'oecasionally, swimming.    'An abandoned coal silo (1, 000+ square
                       feet) stands next to the landing against the bank. Although the launch
                       and bulkhead are new, the silo is deteriorated, detracting from the
                       attractiveness of the area. The top of the bank to Water Street is'also
                       publicly-owned and used for roadside parking for trailered and non-
                       trailered vehicles.

                       The adjacent block east of Water Street  is also largely publicly-owned.
                       The Village's Department of Public Works garage, abandoned sewage
                       treatment plant, pump station, and storage building occupy most of the
                       block. Two residences are located in the northeastern corner of the


                                                   11-17









                        block. Existing plans call for this block to be developed as part of the
                        Lewiston. Landing Waterfront Park (see below, Public Access and
                        Recreation).

                        Immediately south of Center Street is a private marina, set on finger
                        docks -along 460 feet of wooden bulkhead. This is the only water-
                        dependent use located in the Village aside from the Lewiston Landing
                        boat launch and dock and the Artpark fishing pier. About 30+ boat
                        slips are available and boats are repaired and stored along the
                        waterfront. Access is provided via a marginal gravel road at the end
                        of Center Street which is posted private. A few deteriorated buildings
                        exist and the entire area lacks attractiveness.

                        The marina property is leased to the current operator by the owners of
                        the Riverside Inn, which is located at the top of the bank on the east
                        side of Water Street. Originally a waterfront hotel built in 1870 to take
                        advantage of lake travel and tourism, the Riverside Inn is now a fine
                        restaurant and a locally identified historic site. While in generally good
                        condition, the building needs some. exterior work and its setting would
                        benefit from improved landscaping. Commercial, water-enhanced uses
                        extend into the block to the west of Water Street and south of Center
                        Street. Uses included: a motel in fair condition; the Village Inn, a
                        popular tavern and locally identified historic site; a private parking lot
                        that accommodates area patrons; and a few residences fronting on First
                        Street.

                        Because of its proximity to the Lewiston Landing Waterfront,Park and
                        its accessibility, this two-block area is critical to realizing the full
                        potential of the Village's waterfront area. Although development is
                        limited by the hilly topography, developable land is not utilized to best
                        advantage. Given the Village's existing and planned investment in the
                        park and the growing interest in waterfront property throughout this
                        region '' it is reasonable to assume that private investment will be
                        attracted to the area. While such investment should be encouraged'I
                        development should be planned to physically and visually complement
                        the Lewiston Landing Waterfront Park, to extend public access, to
                        preserve and upgrade the existing marina facilities, and to provide
                        commercial services which support recreational uses and tourism.
                        These objectives may be best accomplished. through some form of
                        cooperative, public-private efforts.

                        North and south of,the two-block boat launch and dock area are resi-
                        dential units or undevelopable banks - North of Onondaga Street are
                        ten single-family units, one of which is in deteriorated condition.
                        Immediately north is the Oneida Street right-of-way controUed by the
                        Village.    Beyond the right-of-way, the steep river bank makes
                        construction exceedingly difficult. Water Street is the only access,
                        dead-ending 475 feet north of Onondaga Street. Nevertheless, there
                        is some potential for development in this area, as demonstrated by past
                        proposals to develop townhouse condominiums. North of Mohawk Street
                        is the Niagara Frontier Bible Institute, which is well-maintained,
                        extends eastward* to Second Street and includes a locally identified

                                                    IT-is









                        historic site known as DeChantal Hall. Although the property has the
                        potential for conversion to higher density uses, the Bible Institute is
                        expected to maintain its facilities here for the foreseeable future.

                        The shoreline area south of the Cayuga Street right-of-way is also
                        occupied by residential uses. Approximately twenty single family
                        residences are located along First Street and a few multiple units are
                        located on Guard Street. About two-thirds of the residences on First
                        Street need minor improvements, which would improve the attractive-
                        ness of the shoreline. These range from simple painting to exterior
                        repairs and landscaping. South of the Guard Street development, the
                        shoreline area is within Artpark, which is controlled by the Niagara
                        Frontier Parks Commission (see below, Public Access and Recreation,
                        for further description).

                        Table 3 summarizes the uses and conditions along the shoreline. Figure
                        5 summarizes the LWRA Land Resources


                        b.    Upland Uses and Conditions

                        The area east of First Street is occupied primarily by stable residential
                        -uses. Notable exceptions are the Village Hall and adjacent playground,
                        located between Onondaga and Ridge Streets and Fourth and Second
                        Streets, and Artpark. An undeveloped pathway, known as the
                        Onondaga Trail, follows the Onondaga Street right-of -way from the
                        intersection of Second and Onondaga 'Streets down the hill -to First
                        -Street. If improved, this trail could provide pedestrian access and an
                        attractive open space link between the Lewiston Landing. Waterfront
                        Park and the Village Hall and playground.

                        More important for realizing the potential economic benefits of public
                        and private waterfront investment is the need to better link the
                        waterfront area to the Village's Center Street commercial district to the
                        east and to. Artpark to the south. The residential character of the
                        upland portion of the waterfront area combined with its topographic
                        features physically and visually isolates the central shoreline area.
                        Center Street, First Street, and Fourth Street offer - the best
                        opportunities for defining east-west and north-south linkages.

                        Several methods of establishing such linkages along these corridors are
                        possible; however, because the community wishes to maintain the
                        residential character of this area, any such efforts need to be
                        Compatible with continuing residential use. The establishment of bed
                        and breakfast facilities, particularly in the transitional area bounded
                        by First, Onondaga, Fourth, and Cayuga Streets, would help link the
                        commercial uses at the Waterfront with the Center Street commercial
                        district. These facilities are permitted under the current zoning and,
                        properly regulated, would be compatible with residential uses, while
                        providing additional accommodations for visitors to tile Lewiston area.
                        Additional opportunities for establishing better linkages are discussed
                        below under Public Access and Recreation.



                                                    11-19














                                                                      TABLE 1

                                                                 Existing Land Use
                                                           Village of Lewiston, New York


                                                                                             Percent
                                     'Uses                   Acres                          Total Acres

                               Residential                   200.8 Acres                      31.4%
                                  Single-Family              187.9
                                  Two-Family                    6.7
                                  Multi-Family                  6.2
                               Commercial                     35.2 Acres                       5.5%

                                  Retail                      29.6

                                  Service                       4.4

                                 Professional Offices           1.2
                               Public/Institutional          116.4 Acres                      18.2%
                                 Public Buildings               3.2
                                 Parks/ Recreation            97.2
                                 Churches, Other              15.6
                               Open Space (Vacant             76.1                            11.9%,
                               Woodland)
                               Streets and Roads             211.5 Acme                       33.0%

                                             TOTAL           640. 0 Acres                    100.0%









                                                                        TABLE 2

                                                                Existing LWRA Land Uses
                                                            Village of Lewiston, New York


                                                                           Percent of Total         Percent of
                                         Uses              Acres             LWRP Acres           Village Acres


                                 Residential               47.5 Acres           22.5%                7.4%

                                 commercial                 7.2                  3.4                 1.1

                                 Public/ Institutional     88.0                 41.7                13.8
                                 Open Spa                  19.6                  9.3                 3.0
                                 StreetlRoads              48.7                 23.1                 7.6

                                           TOTAL           211.0               100.0%               33.0%








                                                                          1-1-20






















                                                   TABLE 3

                                          Waterfront Use Inventory
                                        Village of Lewiston, New York



                                                          Square       General      In-Water
             Waterfront Section Land Use                  Footage      Condition Structure

             Shoreline:,

             North Village Line Residential (10)          15,200       Good
             to Onondaga
             Street
             Onondaga Street        Municipal (3)           8,200      Fair-Poor    Bulkhead,
             to Center Street       Residential(10)       *6,350       Poor.        Public
                                                                                    Launch

             Center Street          Marina (5)              1,200      Poor         Private
             to Cayuga Street       Commercial (3)          8,100      Good         Finger Doeks
             Cayuga Street          Residential (21)      32,500       Fair-Poor
             to Artpark
             ArtparkJ               Park/Open Space          -         Excellent Fishing Pier
             South Village Line


                                    Total                 71,550




            /-1 Numbers in parentheses are total structures
            j-2 Located upland between First and Second Streets












                                                       11-21





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                        C.    Waterfront Revitalization Target Area

                        Opportunities for enhancing the use of the Village's waterfront focused
                        on the four block area west of First Street between Onondaga and
                        Cayuga streets; therefore, the Village's revitalization efforts should
                        also be concentrated on this "target area". The area is accessible from
                        both -the land and water, one of the few such sites along the Niagara
                        River below Niagara Falls. The Village has already made a substantial
                        public investment in the area in the construction of -the new Lewiston
                        Landing boat launch and docks. Use of these, facilities by residents and
                        visitors for boating and fishing can be expected to increase. Completion
                        of the upland portion of the Lewiston Landing Waterfront park would
                        increase the recreational uses of the area and improve the area's
                        attractiveness, thereby encouraging further improvement and expan-
                        sion of private recreation and related commercial -uses in the two block
                        area south of Center Street. This private development would, then,
                        directly increase the contribution of the area to the Village's economy
                        and -tax base. The increased use and amenities of the area would also
                        be expected to benefit businesses throughout the Village. Increased
                        use and development in this area, however, must be carefully planned
                        arid designed, so as to be compatible with surrounding residential uses
                        and ensure the preservation of important natural and scenic resources.
                        Figure 5 shows the Waterfront Revitalization Target Area, as well as
                        other significant land resources of the waterfront area.

                        d .   Zonin

                        The Village is fully zoned and contains. a range of residential and
                        commercial categories (Figure 6). Commercial zoning is concentrated
                        along Center and Portage Streets and residential and open space
                        districts occupy the rest of the community. Similarly, the LWRA. is
                        predominantly residential and open space.

                        .The principal residential class is R-1a providing for medium-density,
                        single-family residences on 6,500 square foot lots. This runs up to the
                        shoreline north and south of the landing with only a small area between
                        Cayuga and Center      ' Streets left for complementary waterfront
                        commercial development (zoned restricted business and currently
                        containing a restaurant, a tavern, and a motel). Open space zoning
                        includes the landing and adjacent area, Artpark and identified linkages
                        up the hill to Center Street and the Village Hall on Fourth. The entire
                        shoreline is also zoned open space.

                        Although most of the zoning is compatible with existing uses in the
                        LWRA, it does not promote water-dependent activities or encourage the
                        integration of primary economic uses on Center Street. The residential
                        zoning between Center and Onondaga Streets tends to isolate the
                        landing from the rest of the community and to subject residents to
                        recreation/ tourist oriented traffic destined for the waterfront. This
                        zoning around the Lewiston Landing also inhibits the development of
                        critical support facilities for waterfront activities. Prospective upland
                        development that would normally capitalize on the economic opportunity

                                                    11-27







                        afforded by the landing is restricted. In addition, the open space
                        designation is not formally accommodated within the ordinance, but
                        rather appears to be a public reservation of land. While this does
                        insure access, it does not encourage recreational development or
                        provide for support facilities to create new opportunities. The effect
                        of this zoning has not been destructive, in that natural waterfront
                        limitations (wooded slopes) have preserved future opportunities.
                        However, neither has it provided incentives for general or concentrated
                        development to take advantage of the waterfront resources.

                        e .   Historical/ Archaeological Resources

                        The Village of Lewiston has been referred to as "the most historic
                        square mile in America".

                        The vestiges of Lewiston's history still remain in many parts of the
                        Village and provide a substantial resource of local and national
                        importance. Center Street is the location of the old Lewiston Trail which
                        traversed the ridge of pre-historic Lake Iroquois. This became a
                        primary location for early structures, since 1800's goods arriving at the
                        Center Street Locks had to be portaged up the hill to Fourth Street and
                        move along Center Street to other destinations. Figure 7 identifies the
                        major sites of local and national historic significance in or adjacent to
                        the LWRA.      Many mord interesting, older (but not designated)
                        structures exist along Center Street, Plain Street and Ridge Street.

                        The following three sites are listed on the National Register of Historic
                        Places as compiled by the U. S. Department of Interior, Heritage
                        Conservation and Recredtion Services:

                              Frontier House at 460'Center Street (Registry No. PHOO40118;
                              718184) - built in 1824 by Benjamin Barton, it was known as the
                              finest hotel west of Albany and hosted many famous guests; it is
                              well preserved today as a restaurant and museum (restored in
                              1964).

                              Lewiston Portage Landing Site in Artpark (registry No.
                              PhOO40134; 7/1874) - original site of early trade access to the
                             'Niagara Frontier and the Niagara Portage (approximately 1626),.

                              Lewiston Mound at Artpark (Registry No. PHOO40126; 7 / 26 / 74)
                              early indian burial site, carbon dated to 160 A.D. and site of
                              pre-historic mammothl mastodon finds.

                        The other sites shown on Figure 7 have been identified by the Village
                        Historic Preservation Commission as locally important sites. Barton Hill
                        and the Fairbanks House, two homes at the top of the hill at Center
                        Street, were built by prominent community leaders. About 1815 Barton
                        Hill was the site of American gun placements during the War of 1812 and
                        bears a State of New York historical marker commemorating the Battle
                        of Queenston Heights, October 1812 (placed 1901). Both are well-
                        maintained, attractive properties.

                                                   11-28




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                        Angler's Retreat (now the Riverside Inn), DeChantal Hall (now the
                        Niagara Frontier Bible School), and the Village Inn are also notable
                        historic buildings located in the waterfront area. Used for non-
                        residential purposes, they are in good condition. The site of the
                        original steamboat docks is also identified on Figure 7 because of the
                        dock's historical association with the Village's development. None of
                        the original structures remain,. however.

                        Adjacent to the waterfront area, the Village Historic Preservation
                        Commission has identified a historic area that encompasses Center,
                        Plain arid Cayuga Streets from Fourth Street to Fifth Street. St.
                        Peter's Church and the Tiffany Shop, shown on Figure 7, are two
                        significant contributing buildings located in this area.

                        Wlae the structures in this area have been subjected to enough
                        modification to reduce their potential for designation as a national
                        district, they still offer a complement to nearby LWRA activities.

                        f.    Public Access and Recreation

                        The lower Niagara River is a major recreation area for sport fishing and
                        boating, attracting thousands to the area annually. The 1983 Fisheries
                        Development Plan for Niagara County documented the dramatic growth
                        and impact of sport fishing in the area (Niagara County Department of
                        Economic Development and Planning, -1984). It indicated a rise in
                        fishing demand of nearly four-fold ($2.6 million revenues to over $10
                        million annually) by 1985 and the Tieed for improvement in County
                        boating and fishing facilities to accommodate current and anticipated
                        demand.

                        At present, there are few public facilities along the lower Niagara River
                        providing access for fishing and boating. Boat launches exist at Fort
                        Niagara (public ramp at the mouth of the river), Youngstown (a small
                        natural harbor near th 'e mouth of the. river), and Lewiston (double-wide
                        public ramp). The Village of Lewis-ton's facility is the only up-river
                        boat launch providing access to game fishing in the river gorge and
                        offering virtually year-round sheltered river access. On-shorefishing
                        opportunities exist at the above locations plus at the fishing pier in
                        Artpark and at the Joseph Davis State Park (about mid-way between
                        Lewiston and the river mouth).

                        The Village's boat launch is part of the planned Lewiston Landing Park,
                        which was created in 1976 when, with funds from the NYS Division of
                        Housing and Community Renewal, the Village purchased.2..25 acres of
                        riverfront property. Together with other Village-owned land, this
                        created an eight-acre site, suitable for development as a water-related
                        park and recreation facility. In 1980, initial design work was completed
                        with a grant from the National Endowment for the Arts. Since then,
                        construction has been completed on a new dock and double-wide (20'
                        foot) boat launch, a shoreline retaining wall with a walkway on top,
                        boat slips to accommodate 14-20 medium-sized boats, handicapped
                        parking, and landscaping which includes plantings specially selected

                                                    11-33









                         to control erosion caused by run-off. The boat launch, which was
                         opened in 1983, Is used almost year-round and is heavily used during
                         the prime boating and fishing seasons.

                         Work which remains to be done would extend the park to First Street
                         between Onondaga Street and Center Street, providing additional
                         facilities for year-round recreational pursuits, improving circulation
                         and access, and creating an attractive setting for the boat launch and
                         dock. Most of the existing structures occupying the site, which-are in
                         fair to poor condition, would have to be demolished. This requires
                         -relocating the DPW garage to a new facility and making alternative
                         arrangements for handling the sewer overflow currently diverted to the
                         old sewer treatment plant. Only the abandoned coal silo and the new
                         pump station would be retained as part of the park.

                         Completion of the park would provide needed support facilities for
                         users of the existing boating and fishing facilities, increase the
                         opportunities for recreational use of the waterfront area by adding
                         facilities for other recreational activities (e. g. , picnicking and ice
                         skating), and generally accomplish the redevelopment of an
                         underutilized and unattractive, yet critical, waterfront site. The
                         Village is committed to implementing the second phase of the park's
                         development and is actively -pursuing sources of funding.

                         The only other existing public recreation facility in the Village of
                         Lewiston, which has access to the Niagara River, is Artpark. Artpark
                         was developed by the State of New York on lands owned by PASNY. It
                         is also partially located in the Town of Lewiston, although its major
                         facilities and entrances are located within the Village. Artpark is
                         intended primarily to be a cultural, educational. and passive recreation
                         resource for residents of, and visitors to, the State. Facilities include
                         a performing arts center, amphitheater, and support facilities.
                         Facilities also include a fishing pier, as previously noted, and nature
                         trails. Artpark's location on a steep slope descending from the Niagara
                         Escarpment affords excellent views of the river area. Artpark is also
                         a sensitive archeological area and includes two nationally designated
                         historic sites, the Lewiston Indian Burial Mound and the Lewiston
                         Portage Landing Site. Over 250, 000 people are estimated to visit
                         Artpark each year.

                         The development of Artpark has helped to attract significant numbers
                         of visitors to the Lewiston area and has benefitted local businesses and
                         governments. It is expected that the performing and visual arts will
                         continue to be the emphasis of programming for Artpark. There are
                         additional opportunities, however, for cooperative efforts which could
                         support the Village's waterfront. revitalization efforts, as well as the
                         recreational use of Artpark. Activities are programmed at Artpark only
                         from Memorial Day to Labor Day. Although the g-rounds, are open year
                         round, facilities are closed and off-season use is limited. In addition,
                         there is currently little joint promotion of facilities and activities and
                         little physical connection between Artpark and the Village's central
                         waterfront area, although both the State and Village have expressed

                                                    H-34










                        interest in better coordination.          There are several low-cost
                        opportunities for coordinating Artpark's facilities and activities with
                        the Village's waterfront development projects which would enhance the
                        use of and benefits derived from "both. One of the best of these
                        opportunities is to develop self-guided walking tours (for example,
                        from Artpark along First Street to the Lewiston Landing Waterfront
                        Park), connecting the historical, scenic, and recreational points of
                        interest in Artpark and the Village.

                        Route 18F through Lewiston, designated as part of the Seaway Trail,
                        is a major scenic route for tourists travelling along the lower Niagara
                        River and is a substantial source of tourism activity in the Village.
                        This route forms the eastern boundary of the LWRA, but does not
                        directly access the waterfront, nor is the waterfront visible from it
                        because of the steep slopes. Better signage and/or visible linkage is
                        needed to better capitalize on existing tourist activity and attract
                        potential users to new recreation and recreation -related facilities on the
                        waterfront. Center Street and Onondaga Street (for pedestrian access)
                        seem to offer the best opportunities for providing'this linkage.

                        Center Street provides the only direct vehicular access to the shoreline
                        and is marked at Fourth Street by a gateway-like entrance for Lewiston
                        Landing. The entrance marker, however, could benefit from improved
                        landscaping and lighting and the addition of a motif more clearly
                        indicating that Lewiston Landing is on the riverfront. The Lewiston
                        Businessman's and Professional Association recently has had an
                        attractive waterfront logo designed and has installed visitoi-oriented
                        signs using this logo. This has helped considerably to provideuseful
                        linkages between the Lewiston Landing area and the major
                        transportation routes through the Village and should improve access to
                        the waterfront area.

                        The Onondaga Street right-of -way between First and Second Streets,.
                        which is undeveloped because of the steep slope, is currently used as
                        a pedestrian pathway. This pathway, which provides access from the
                        Village Hall and adjacent playground at Onondaga and Second Streets
                        to the Lewiston Landing and the area proposed for park. development,
                        could be developed to provide a defined open-space connection and an
                        easier to use pedestrian accessway between the two park areas.

                        Other publicly-owned lands in the LWRA consist primarily of other
                        paper street right-of-ways and street-ends. Since the street-ends
                        extend to the river, they possess some potential for increasing shore-
                        line access, which is severely restricted by the steep banks hning the
                        shoreline, with the exception of the two-block area from Onondaga to
                        Cayuga streets. The street-ends are open to public use and the Village
                        Board has recently taken the position of retaining all street-ends in
                        public ownership and discontinuing the past practice of leasing select
                        locations to private groups; however, surrounding residentW uses and
                        extremely difficult physical        characteristics    mitigate     against
                        developing most of the street-ends for public access or recreation
                        purposes. This is not the case for the Onondaga, Center, and Cayuga

                                                    11-35









                                       street-ends, which have the potential to be integrated into the
                                       redevelopment of the central riverfront area for recreation and
                                       recreation -related uses.

                                       Table 4 below summarizes 'the ownership and accessibility
                                       characteristics of shoreline property (that is, property adjacent to the
                                       Niagara River).



                                                                                            TABLE


                                                                           Shoreline Ovmership and Accessibility
                                                                               ViUage of Lewiston, New York



                                                     owners             Location                   F             Percent      Accessi
                                                                                                                              bility
                                                     Public           Lewiston Lending             1,210 Feet    21.5%        open
                                                     (Local and       and Street Ends
                                                     State Gov't)
                                                     Artpark          South Waterfront             1,150         20.4         Limited
                                                                                                                              Season-
                                                                                                                              ably
                                                     Private          Marina at Center Street;     2,750         48.9         Closed
                                                                      Private Residences

                                                     Institutional    North Waterfront               520          9.2
                                                     (private)                                                                Closed






                                       g.       Visual/ Aesthetic Resources

                                       The      Village has some dramatic visual resources that should be
                                       preserved as crucial components of waterfront. development. These
                                       primarily include the Niagara Gorge with its steep bluffs and turbulent
                                       waters, and the Niagara Escarpment which is heavily wooded and
                                       represents a unique natural land form in the area. There are also steep
                                       wooded banks along the shoreline and scenic river vistas that are part
                                       of the local attraction to the Village.

                                       Probably the most outstanding vista in Niagara County (other than
                                       Niagara Falls), is the panorama available from the Robert Moses Parkway
                                       in the southeast corner of the Village, along with the Escarpment. This
                                       location provides an unobstructed view of the Village, lower river,
                                       Canada and Lake Ontario beyond. The City of Toronto across Lake
                                       Ontario is visible on clear days and nights. While only available to
                                       motorists and residents of Lewiston Heights atop the Escarpment, it
                                       offers breath-taking scale and an overall perspective of the Village
                                       atmosphere characteristic of Lewiston. This is a better promotion than.,.
                                       any sign or advertisement and should not be compromised by future
                                       development. The opportunities for safely viewing this scene from the
                                       Robert Moses. Parkway could be improved by providing a scenic
                                       overlook off both sides of the parkway above Artpark.

                                                                                    11-36








                         Another excellent land-side vantage point is the intersection of Center
                         and Fourth Streets. To the south is a vista of the Lewiston -Queens ton
                         Bridge set against the bluffs of the Niagara Gorge and to the west is a
                         view of Queenston Heights in Canada as it appeared to the American
                         forces during the War of 1812. A more extensive vista of the Niagara
                         Gorge is visible from the short-line in Artpark. Visitors to the area are
                         continually subjected to excellent views along the river (bluffs, power-
                         house, bridge,etc.), due to Artpark's open character and this oppor-
                         tunity could be further developed with viewing areas and access trails.

                         Many local views arc-, afforded within Lewiston, due to the vantage
                         points created by the slopes near the river. Two ridges, one along the
                         shoreline and one along Third Street (Onondaga to Cayuga), provide
                         views of the river and development below.           Most of the land is
                         residential and limited in access., however, the Village park/ playground
                         at Third and Onondaga Streets (behind Village Hall) is well sited to
                         take advantage of this local vista and could be further developed to
                         capitalize on its visual potential.

                         The in-water aesthetics of the shoreline is, again, quite dramatic, in
                         that an observer on the river can see either the Niagara Gorge with its
                         bluffs or the wooded slopes of the Village rising from the river to the
                         Escarpment. Currently, however, the poor condition of some
                         properties near the Lewiston Landing detracts from'both the land-side
                         and in-water views of -the waterfront.

                         This area, which is the most accessible portion of the shoreline,
                         presents an abandoned silo, municipal garage and deteriorating marina
                         as the focal point of the Village waterfront view. These need extensive
                         structural and landscaping improvements to be attractive to area
                         visitors and encourage usage of the waterfront. In addition, new
                         development in this area should be carefully sited to improve the visual
                         qualities of the waterfront and preserve the vistas available from 'higher
                         elevations within the Village. Wooded areas should be preserved -to'
                         provide aesthetic appeal to the shoreline and soften the character of
                         nearby urban development.

                  7.     Community Services/ Infrastructure

                         a.     Transportation

                        The Village of Lewiston has excellent highway access to nearby cities via
                        the Robert Moses Parkway (limited-access expressway to Niagara Falls
                        and Buffalo via 1-190) and N.Y. Route 104 (Ridge Road to Lockport).
                        These two arterials, interchange at the Village line and exit onto Center
                        Street (Route 104 extended). Center Street is the major east-west
                        highway in the Village, is the center of community activity, and links the
                        Robert Moses Parkway on the east and the Lewiston Landing at the
                        waterfront on the west and contains the majority of all commercial
                        development in the Village. Center Street is also part of Route 18F, the




                                                     11-37









                        designated New York State Seaway Trail. Following Center, Fourth,
                        Oneida and Second Streets, Route 18F attracts numerous tourists
                        annually -to the scenic Niagara River drive between Lewiston and Lake
                        Ontario.

                        Internal circulation within the Village is accommodated by six collector
                        streets to residential uses and community generators. Mohawk and
                        Cayuga Streets provide additional east-west circulation, while Fourth,
                        Fifth, Eighth and Portage Streets provide north-south circulation and
                        access to major land uses. Portage and Fourth Streets are the entrances
                        to Artpark and are heavily utilized by theater partrons and tourists
                        throughout the season. Village streets occupy 211 acres of land and
                        comprise 33 percent of total land use. The Village is laid out in a grid
                        pattern and land is fully accessible by local streets. Principal traffic
                        generators include Artpark, commercial development along Center Street
                        and the boat launch at the landing on the waterfront (Figure 8).

                        The circulation system is in good condition with pavement adequate for
                        traffic conditions.    However, Center Street is the only road with
                        sidewalks and others have substantial shoulder and drainage problems.
                        Some residential streets have been installed in the past to open up large
                        blocks and these are quite narrow (Ridge, Plain, Niagara, Page,
                        Fairchild, etc.). Since road drainage also handles adjacent land uses,
                        improvements are needed to create a Village drain relief system.

                        Public transit services exist from Niagara Falls to Lewiston via regularly
                        scheduled bus service.-- The route follows Lewiston Road and Center
                        Street andloops around Fourth Street to link the Village with Mount St.
                        Mary's Hospital, Niagara University and other regional bus routes-.
                        There is no rail service in Lewiston, although regular Amtrak service
                        exists out of Niagara Falls.

                        b .     Parkina

                        Public parking in the LWRA is at a premium, especially near the landing
                        and boat launch. Only eight to ten spaces exist on the landing, while
                        approximately 75 to 100 spaces are designated on Water Street (including
                        a private, gravel parking lot), some for trailers. This promotes some
                        conflicts between parking and vehicular access on Water Street and taxes
                        on-street residential parking on adjacent streets during seasonal uses.
                        Other public spaces exist at the Village Hall on Fourth and Onondaga
                        Streets (20 to 30 space) and numerous spaces at Artpark (Figure 8).
                        However, neither of these are adequately linked to the prime waterfront
                        area (Lewiston Landing) and offer only marginal use at this time.
                        Facilities at Artpark are currently inadequate during performances, as
                        extensive overflow is encountered on Village. streets. Future
                        improvements in waterfront activities and access will depend on,
                        adequate parking increases proximate to new development.





                                                     11-38









                       C.     Water Distribution/ SUPP

                       Until the Spring of 1983, the entire Village of Lewiston received its
                       potable water supply from two services - the City of Niagara Falls and
                       -the Niagara County Water Authority. Due to supply and distribution
                       difficulties experienced by the City, all potable water is now supplied by
                       the County Water Authority. The Village's residential and commercial
                       users consume an average of 360,000 gallons per day and public water
                       is available to all residences and commercial establishments.

                       The Village of Lewiston owns and maintains all distribution lines within
                       its corporate boundary. Supply and distribution has been adequate to
                       meet demand. Water supplied to the Village is metered daily for billing
                       purposes and to monitor system loss. The area within the coastal zone
                       is serviced by a complete distribution system (Figure 9). The system is
                       generally adequate to support future development at prevalent densi-
                       ties. The Village performs routine line maintenance and replacement as,
                       required

                       d .    Wastewater Collection and Treatment

                       The Village of Lewiston, including the area within the coastal boundary
                       is completely serviced by a separate wastewater collection system. All
                       residential and commercial establishments are serviced. The total Village
                       system consists of approximately 77, 000 linear feet of sewer. The
                       sanitary sewer system  'within the coastal boundary consists primarily of
                       vitrified tile, gravity sewer, and ranges from thirty to fifty years old
                       (Figure 10). All wastewater flows generated in the coastal area are.
                       tributary to a pump station and pumped over the Escarpment to a
                       metering pit prior to connection to the Town of Lewiston's sewer system.
                       Until early 1981, the Village of Lewiston treated its sewage at a primary
                       treatment facility located at the Department of Public Works facilities.
                       Treated sewage was discharged directly into the Niagara River. In 1981,
                       the Village terminated treatment at its facility and began conveying all
                       wastewater flows generated in the Village t6the Town of Lewiston for
                       treatment. The Village is included in the Lewiston Master Sewer
                       Improvement Area (LMSIA), which includes the Towns of Lewiston and
                       Porter and Village of Youngstown.

                       The Village of Lewiston's participation in the LMSIA required termination
                       of treatment at their existing facility with the addition of a new pump
                       station and interceptor sewer to convey wastes to the Town's system.
                       The Village no longer operates its wastewater treatment plant. In the
                       early stages of the operation of the LMSIA, the Village used their
                       treatment plant as an overflow structure when the Town's treatment
                       facility experienced excessive flows.








                                                   11-39









                       With improved wastewater treatment plant operations and sewer improve-            ANIL
                       ments throughout the district, overflows have been essentially
                       eliminated. The Village no longer utilizes their former treatment facility
                       and it is. scheduled for demolition in the future. Any subsequent
                       development must provide adequate access and land for, a pump station.
                       overflow storage, if needed, is planned for inclusion with the new public
                       works garage in the Village.

                       Conveyance of Village wastewater flows to the Town facility has resulted
                       in two positive impacts in the coastal area.. First, effluent quality from
                       the Town's facility is substantially improved over the Village's old
                       facility, resulting in improved overall water quality. Second, with the
                       eventual demolition of the former treatment plant, additional land area
                       will be available for Village use.

                       The sanitary sewer system is a vital part of the coastal areas' infra-
                       structure. The existing system has the capacity to support present and
                       future development. The Village supports a continual and rigorous
                       system maintenance and rehabilitation to ensure system efficiency. All
                       wastewater collection system additions and improvements are designed
                       and constructed in accordance with "10 States Standards", Niagara
                       County Health Department, and NYSDEC Standards.

                       e.      Storm sewer sVstem

                       Stormwater drainage-within the Village of Lewiston, including the area
                       within the coastal zone boundary, is accomplished through a system of
                       closed conduits, open ditches, and generalized overland run-off.. The.
                       stormwater collection system is a separate system with no known cross
                       connections to the sanitary sewer system. Because of the relatively
                       steep slopes in the coastal area, localized flooding and ponding is not
                       prevalent. There are at least two known locations where stormwater
                       conduits discharge directly to the Niagara River. The.. Village, Public
                       Works Department maintains all roadside ditches and will install drainage
                       piping at the request of residents and businesses for a-nominal fee. The
                       closed piping is installed in rights -of -way, where landowners prefer
                       piping over open ditching.
                       One problem in the coastal area caused by uncontrolled overland run-off
                       is bank erosion at various locations. Through structural modifications
                       and improved management practices, this problem can be alleviated.
                       However, further detailed study of existing drainage is needed to
                       determine more specifically the best methods for improving the drainage
                       system.    All major drainage improvements are designed according to
                       the Stormwater Design Manual published by the Erie-Niagara Regional
                       Planning Board and are generally based on a ten-year storm.

                       f.      Community Services

                       Health services are concentrated in Mount St. Mary's, a Catholic hospital
                       located in the Town of Lewiston. Other nearby hospital facilities are in
                       Niagara Falls, about six miles south of the Village.

                                                   11-40









                         The Village has its own Police Department, while the Village and the
                         Town share costs for the Volunteer, Fire Company, Lewiston Fire
                         Company No. 1. The Village pays on a contractual basis for the. costs of
                         operating the Fire Company and also pays for insurance for the Fire
                         Company.

                         g.      Solid Waste Management

                         Solid Waste collection is the responsibility of the Village of Lewiston. The
                         Department of Public Works collects both m-unicipal and resident debris
                         and garbage. No burning is allowed in the Village. All waste is disposed
                         of at the Model Cities facilities in the Town of Lewiston under private
                         contract. The contract contains no disposal restrictions and the facility
                         possesses sufficient capacity for current and anticipated Village needs.

                         h.      Hazardous Waste Site

                         The New -York State Department of Environmental Conservation has
                         indicated that the Stauffer Chemical-Art Park Site is within the Village
                         of Lewiston coastal area. The inactive hazardous waste disposal site
                         (Site Code #932049) is a landfill of approximately one acre located off of
                         4th Street in Artpark and was used for waste disposal from 1953 to 1969.
                         An unknown quantity of asbestos, graphite, cinders, reactor bindings,
                         scrap sulphur and metal, and silicon, zirconium and titanium oxides were
                         disposed of at this site (NYS DEC Inactive Hazardous Waste Disposal
                         Report, P. 9-397). Most the wastes had been covered by 1979, and soil
                         samples collected in 1982 by the USGS indicated the presence of organic-
                         compounds of 20 parts per billion (ppb) for soil and one ppb. for water.
                         A State Superfund Phase investigation has been completed by the
                         Niagara County Health Department and the US EPA, and this indicated
                         heavy metal and organic contaminants in soil and surface water.

                         i.      Fiscal Resources

                         For 1983-84, the Village's total,budget was $1,375,133, of which
                         property tax payments were $267,329. Total assessed or full value
                         (properties in Niagara County went on a full value basis for 1983 -84) was
                         $70,349,707.. The tax rate was $3.80 per $1,000 of full value for 1983-84,
                         or $190 for an average $50,000 home.

                         The Village had adequate taxing power for the 1983-84 fiscal year.
                         Taxing power was $1,019,012, while the tax levy was $267,329; the
                         constitutional tax margin was $751,683.

                         In terms of debt limit, the Village can borrow up to seven percent of
                         five - year average - full value, or about $3, 100, 000. As of June 1, 19 8 3,
                         outstanding debt was $311,550 or 10. 0 percent of the debt limit. Based
                         on an opinion by the State Comptroller on January 26, 1983, $800, 000 of
                         Bond Anticipation Notes for Sanitary Sewers were excluded from the
                         debt limit.




                                                       11-41






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                                        SECTION III



                            STATE AND LOCAL COASTAL POLICIES -










                                   STATE AND LOCAL LWRP POLICIES



           POLICY I            RESTORE, REVITALIZE AND REDEVELOP DETERIORATED AND
                               UNDERUTILIZED WATERFRONT AREAS FOR COMMERCL4J,
                               AND INDUSTRIAL, CULTURAL, RECREATIONAL AND OTHER
                               COMPATIBLE USES.


           POLICY 1A:          REDEVELOP THE WATERFRONT REVITALIZATION TARGET
                               AREA FOR FISHING, BOATING, AND RELATED RECREATION
                               AND COMMERCIAL USES.

           Explanation of Policy

           The Lewiston Landing area was once the heart of Village commerce, yet now contains
           deteriorated structures, limited access for boating, inadequate dockage and shore
           protection and insufficient support facilities (convenience, parking etc.) to meet
           current demand. The restoration of economic activity and redevelopment of this area
           for tourist I recreational purpose is crucial to the revitalization of the waterfront  '
           (See Chapter B. 6 "Land Uses and Physical Conditions"'of the Inventory and Analysis
           Section for further description).

           Plans for. revitalizaton include completion of the Lewiston.Landing Waterfront Park,
           rehabilitation and expansion of existing private marine facilities, and improvement
           and expansion of recreation -oriented, and tourist-oriented commercial uses, as
           further described in Section IV. Plans for revitalization provide for the concen-
           tration of development around the Lewiston Landing in order to enhance existing
           uses and protect adjacent residential areas. The completion of the park.around the
           Lewiston Landing will ensure adequate support services and enable the development
           of ad a-
                .j cent commercial services without compromising water-dependent uses.

           The following guidelines will be used to determine the consistency of a proposed
           action with this policy.

           1 .   When an action is propose    d to take place in the Waterfront     Revitalization
                 Target Area:

                 a.     Priority should be given to uses which are dependent        on a location
                        adjacent to the water and, in particular, those uses which expand
                        boating facilities and increase water-related recreation opportunities
                        (see also policies 2 and 21);

                 b.     The action should enhance existing and anticipated recreational and
                        related commercial uses within the target area, while minimizing any
                        adverse impacts on surrounding residential areas;

                 c.     The action. should serve as a catalyst to private investment in the area,
                        particularly for the improvement and expansion of private water-related
                        recreational and commercial uses located in the two-block area south of
                        Center Street;




                                                    111-3









                   d.     The action should improve the deteriorated condition of a site and, at
                          a minimum, must not cause further deterioration. For example, a
                          building could not be abandoned without protecting it against vandalism
                          and/or structural decline;

                   e .    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. New development should not
                          compromise the traditional value and function of the Lewiston Landing
                          for -recreational boating, fishing, and transport;

                   f.     The action should have the potential to improve the existing economic
                          base of the community, and, at the waterfront development meant to
                          serve consumer needs would be inappropriate in an area where no
                          increased consumer demands were expected and existing development
                          was already meeting demand;

                   9.     The action should improve adjacent and upland views of the water, and,
                          at a minimum, must not affect these views in an insensitive manner (see
                          also Policy 25); and

                   h .    The action should have the potential to improve multiple uses of the site
                          (see also Policy 22).

            2.     If an action is proposed to take place outside -of the Waterfront Revitalization
                   Target Area and is either within the Village of Lewiston or adjacent coastal
                   communities, the agency proposing the action must first           determine -if it is
                   feasible to undertake the action within the Waterfront Revitalization Target
                   Area. If such an action is feasible, the agency should give strong'considera-
                   tion to taking the action in that area. If not feasible, the agency must take
                   the appropriate steps to ensure that the action does not cause further
                   deterioration of the Waterfront Revitalization Target Area.

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


            POLICY 2A             PROVIDE FOR WATER-DEPENDENT RECREATION AT
                                  SHOREFRONT PROPERTIES IN THE WATERFRONT
                                  REVITALIZATION TARGET AREA.

            POLICY 2B             SITE WATER-ENHANCED USES UPLAND                 IN THE LEWISTON
                                  LANDING -WATERFRONT PARK AND AREA- ALONG WATER
                                  STREET.

            Explanation of Polic

            The Waterfront Revitalization Target Area is only two blocks long and potentially
            subject to intense pressure from private development of non -water- dependent uses.
            In order to ensure coastal preference for water-dependent uses, new facilities on the
            waterfront will be sited that depend on access for use of the river. These include:




                                                       111-4









                  Fisbing
                  Coastal Recreation
                  SealLand Transfer Facilities (docks, launching, etc.)
                  Flood/Erosion Control Structures (Bulkheads, etc.)
                  Marine Repair/ Service/ Storage Facilities
                  Support Services (parking, food, bait, etc.)

           These uses will be given preferential treatment for waterfront location, access and
           operation. Land adjacent to shorefront parcels (e. g. Water Street) will be promoted
           for commercial facilities (restaurant, motel, etc.) consistent with existing uses and
           in sufficient quantity to satisfy waterfront demand only. See Section IV for a
           further description of uses to be accommodated within the Waterfront Revitalization
           Target Area.

           If there is no immediate demand for a water-dependent    iuse in a given area, but a
           future demand'is reasonably foreseeable, temporary non-water-dependent uses
           should be considered preferable to a non-water- dependent use which involves an
           irreversible, or nearly-irreversible commitment of land. Parking lots, passive
           recreational facilities,, outdoor storage areas, or non-permanent structures are uses
           or facilities which would likely be considered "temporary" non-water- dependent
           uses.


           New water-dependent and water-enhanced uses to be developed are to be sited. and
           designed, so that they enhance, or at least do not detract from, the surrounding
           area and so that they, avoid adverse impacts on valuable, -natural and man-made
           waterfront resources'.    Consideration should be given to such factors as the
           protection of nearby residential areas from noise, odors, and traffic and the
           preservation of natural protective erosion features. Affirmative approachesshould
           be employed, so that water-dependent and water-enhanced uses and adjacent use
           will complement each other.

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



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

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

           Explanation of Policy

           The    ViUage    of Lewiston is an area of concentrated development where
           infrastructure and public services are generally adequate to support future land
           uses and development, as specified in Section IV, Proposed Uses and Proposed
           Projects.

                                                   111-5








            Development of the LWRA is concentrated in areas of existing adequate
            infrastructure. The extension of facilities directly to the waterside will promote
            dock improvement and offer support facilities for recreation development.
            Modifications to road circulation and relocation of the public works garage and
            abandoned-sewer plant are also needed to enhance the target area, but will not
            compromise the provision of services.

            Infrastructure is adequate to accommodate future development, with the exception
            of storm water drainage which indescriminately flows overlandfrom. upland areas into
            the Niagara River. A study of water run-off and its impact on the waterfront is
            needed to identify potential erosion and water quality problems and prospective
            solutions.


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

            Explanation of Polic

            For specific types of development activities and in areas suitable for such
            development, State agencies and the Village 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. Finaily, 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 the particular type of development and will not jeopardize the integrity of the
            regulations' objectives.

            POLICY 7            THE STATE COASTAL POLICY REGARDING THE PROTECTION
                                OF SIGNIFICANT COASTAL FISH AND WILDLIFE HABITATS IS,
                                NOT APPLICABLE TO LEWISTON.


            POLICY 7A           THE LOCALLY IMPORTANT FISH HABITAT WITHIN THE
                                NIAGARA RIVER WATERS NOR        TH OF THE LEWISTON LANDING
                                PARK SHALL BE PROTECTED, PRESERVED AND WHERE
                                PRACTICAL WROVED SO AS TO MAINTAIN AND STRENGTHEN
                                ITS VITALITY.

            Explanation of PolicV

            A locally important fish habitat in the Lewiston coastal area exists just north of the
            Lewiston Landing along the shoreline (See Inventory and Analysis Section, Figure
            2). Its significance is in the seasonal breeding and feeding of smelt and perch which
            attracts game fish to the area. The feeding grounds are essential to pan and
            sport/ game fishing in the Lower Niagara River and represent a substantial resource
            of key importance to recreational development of the Village waterfront. In order

                                                    111-6








           to protect and preserve the habitat, actions shall not be undertaken if such actions
           would destroy or significantly impair the viability of this area as a habitat. The
           value of the feeding grounds would be compromised if the habitat is destroyed or
           seriously impaired by road salt and highway chemical contamination, sedimentation
           from surface run off, siltation, high concentration of gas or oil contamination from
           boating or spills and sanitary sewage outflow or hazardous waste run-off. Activities
           that could impair the fish habitats include new in-water structures in breeding beds,
           .over-fishing, substantial increases in high-speed boating or small craft activity in
           habitat areas. As feasible, efforts should be undertaken to improve or strenghten
           the habitat values of this area.


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

           Explanation of Polic

           Hazardous wastes are unwanted by-products of manufacturing processes          and are
           e7enerally characterized as being flammable, corrosive, reactive, or toxic. More
           specifically, as defined in Environmental Conservation Law (ECL Section 27 -0901 (3) )
           "hazardous waste is waste or combination of wastes which because of its quantity,
           concentration, or physical, chemical or infectious characteristics may:

                 a.     Cause, or significantly contribute to an increase in mortality or an
                        increase in serious irreversible, or incapacitating reversible illness;
                        or

                 b-.    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 (6NYCRR Part 317)
                        has been adopted by DEC.

           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, not identified as hazardous wates. Such pollutants are also controlled
           through State laws. The Stauffer Chemical-Artpark inactive hazardous waste
           disposal site (Section II, Inventory and Analysis) will be monitored and remediated
           when and if funds for Class 3 sites become available.









                                                   111-7










            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 SHALL
                                 BE MADE IN A MANNER WHICH ENSURES THE PROTECTION OF
                                 RENEWABLE FISH AND WILDLIFE RESOURCES AND CONSIDERS
                                 OTHER ACTIVITIES DEPENDENT ON THEM.


            POLICY 9A            IMPROVE'THE EXPANSION OF FISH RESOURCES THROUGH
                                 SUPPORT OF STATE STOCKING PROGRAMS AND IMPROVEMENT
                                 OF HABITAT AREAS.


            POLICY 9B            EXPAND RECREATIONAL USE OF AREA FISHING BY
                                 SPONSORING A FISHING DERBY IN THE LEWISTON AREA AND
                                 DEVELOPING FACILITIES FOR FISHING OPPORTUNITIES.


            POLICY 9C            EXPAND RECREATIONAL USE OF ARTPARK FOR PASSIVE
                                 RECREATIONAL OPPORTUNITIES (E. G., BIRD NAT CHING) BY
                                 PROMOTING AND IMPROVING ACCESS, TRAMS- AND OTHER
                                 FACILITIES.


            Explanation of Polic

            Significant cencentrations of fish and wildlife (bird) resources are f ound in the lower
            Niagara River.- Fish resources include native and stocked species, which offer
            excellent year-round fishing opportunities. Wildlife resources include many species
            of resident and migratory birds and water fowl. which are popular for hunting and
            bird watching. The Lewiston Waterfront at Lewiston Landing provides. one of the
            few points of public access to the waters'of the lower Niagara River for recreational
            use. , Artpark provides some additional opportunities for on-shore fishing and
            passive recreational uses, such as birdwatching, wildlife photography, and nature
            study.

            The recreational use of these resources and the associated economic benefits are to
            be increased primarily through promotion of the resources and existing facilities and
            some improvement of access and recreational facilities. Promotional efforts include
            public/ private sponsorship of an annual fishing derby, further development of self -
            guided walking tours and nature trails, and promotion of year-round use of Artpark.
            Provisions for increasing access and recreational facilities are described under
            Policies 19, 20 and 21. Continuation of the NYSDEC fish stocking program is
            essential to maintaining and increasing the recreational uses of the lower Niagara
            River. In addition, fishing opportunities might be increased by improving off-shore
            habitat conditions; however, further study is needed to determine the costs and
            benefits of such projects.

            Any efforts to increase recreational use of these resources will be made in a manner
            which ensures the protection of fish and wildlife resources in marine and freshwater
            coastal areas and 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 considera-
            tions include biology of the species, carrying capacity of the resources, public
            demand, costs and available technology.                                                        0

                                                     111-8








            The following additional guidelines should be considered by State and Federal
            agencies and the Village of Lewiston as they determine the consistency of their
            proposed action with the above policy:

            1.     Consideration should be made as to whether an action will impede existing or
                   future utilization of the local recreational fish and wildlife resources.


            2.     Efforts to increase access to recreational fish and wildlife resources should not
                   lead to over-utilization of the resource or cause impairment of the habitat.

            3.     The impacts of increasing access to the local recreational fish and wildlife
                   resources should be determined on a case-by-case basis, consulting Policy 7A
                   andlor conferring with a trained fish and wildlife biologist.

            4.     Any public or private sector initiatives to supplement existing stpcks (e. g. ,
                   stocking with fish reared in a hatchery) or develop new resources (e.g.
                   expanding the habitat) must be done in accordance with existing NYSDEC
                   regulations and programs.

            POLICY 10            THE STATE COASTAL POLICY REGARDING THE DEVELOPMENT
                                 OF COMMERCIAL FISHING RESOURCES IS NOT APPLICABLE TO
                                 LEWISTON.


            POLICY 11            THE STATE COASTAL POLICY REGARDING               THE SITING OF
                                 STRUCTURES TO MINIMIZE DAMAGE TO PROPERTY AND THE
                                 ENDANGERING OF HUMAN LIVES CAUSED BY FLOODING
                                 EROSION IS NOT APPLICABLE TO LEWISTON.

            POLICY 11A           STRUCTURES SITED ALONG AND WITIIIN THE WATER SHOULD
                                 BE DESIGNED TO WITHSTAND PERIODIC INUNDATION AND
                                 CURRENT ACTION.              THESE STRUCTURES INCLUDE
                                 BULKHEADS, GROINS, DOCKS, ETC., AND SHOULD BE SITED
                                 AND CONSTRUCTED TO LESSEN FUTURE EROSION
                                 POTENTIAL.

            Explanation of Polic

            Shoreline and in-water structures must be sited and constructed in a manner which
            can withstand periodic inundation, river current action and potential ice damage.
            Proper protection and installation of structures to limit erosion, i.e. - installation
            of riverside "groin" to protect launch ramps, must be planned. These structures
            must not act as a cause for further erosion. The use of floating docks and anchoring
            systems to limit damage to in-water mooring is preferred.

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


                                                     111-9










            POLICY 12A          TO THE EXTENT POSSIBLE, SHORELINE PROTECTION
                                STRUCTURES SUCH AS BULKHEADS, GROIN, WALLS, RIP-RAP
                                PLACEMENT AND FINGER PIERS SHOULD BE CONSTRUCTED IN
                                A MANNER WHICH PRESERVES THE NATURAL BARRIER
                                PROTECTION AFFORDED BY THE SHORELINE BLUFFS.

            Explanation of Polic

            The coastal bluffs and other natural protective features help safeguard 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 diverse effects are minimized. The
            bluffs will be protected from development that could lead to increased erosion.
            Future bulkheading, shore protection and dock placement as part of the Lewiston
            Landing Waterfront Park will require careful planning and construction. The
            structures should enhance the natural shoreline and serve to reduce erosion, while
            affording safer public access.

            POLICY 13           THE CONSTRUCTION OR RECONSTRUCTION OF EROSION
                                PROTECTION STRUCTURES SHALL BE UNDERTAKEN ONLY IF
                                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.

            POLICY 13A          PROVIDE FOR THE PROPER DESIGN AND CONSTRUCTION OF
                                EROSION CONTROL STRUCTURES IN THE LEWISTON LANDING
                                WATERFRONT PARK AND MAJOR PRIVATE DEVELOPMENTS.
                                PROPER EROSION CONTROL STRUCTURES ARE NECESSARY
                                BOTH WATERSIDE AND LANDSIDE (BASE OF BLUFF) TO
                                LESSEN EXISTING EROSION.

            Explanation of PolicV

            Erosion protection structures are widely used throughout the State's coastal area.
            However, 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 dug to erosion.
            This policy will help ensure the reduction of such damage or loss.

            The proper protection of the shoreline and bluffs (both shoulder and toe) is critical
            to the development of both the Lewiston Landing Waterfront Park and major private
            developments. The facilities are necessary in the Waterfront Park to protect the
            shoreline, protect the boat launch and enhance public access and at the bluff to.,
            prevent further, slope deterioration. These structures perform two valuable
            purposes - first, they lessen and alleviate erosion, secondly, they define public
            access areas and promote safer utilization (i.e. - riverside groin - protects launch
            ramp and enhances launch/ retrieval cycles).

                                                    III-10









            Guidelines to be considered in the construction of erosion control structures include:

            1     Materials selection will be based on life cycle costing criteria which considers
                  not only initial costs but discounted maintenance costs for a minimum of 30
                  years (Present Worth Analysis).

            2.    Structures should be designed to be aesthetically pleasing, should be
                  compatible with surrounding facilities and should not pose a barrier to public
                  access.


            3.    Public and private structures should be subject to formal engineering review.

            4.    Facilities must be demonstrated to be required when considering viable
                  alternatives such as non-structural controls.

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

            Explanation of Polic

            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
            shoreland thus increasing their rate of r6cession; and the failure to observe proper
            drainage or land restoration practices, thereby causing run-off and the erosion and
            weakening of shorelands.

            In the Village of Lewiston, with the exception of a river-side grain waU and finger
            pier extension(s), erosion control structures will be either sheet piled bulkheads.
            (shore-side), select rip-rap placement or landside structures to protect upland
            bluffs. Docks and finger-piers of the floating type are the preferred alternative.
            Base flood levels will not be influenced by erosion control. structures in the Village
            LWRA. Structures will be planned which wila not adversely affect drainage patterns
            or weaken shorelines. Proper slopes will be planned above and adjacent to
            structures to alleviate run-off which can further exacerbate the action of erosion.

            POLICY 15           THE STATE COASTAL POLICY REGARDING MINING, EXCAVA-
                                TION OR DREDGING IN COASTAL WATERS IS NOT APPLICABLE
                                TO LEWISTON.










            POLICY 16           PUBLIC FUNDS SHALL BE USED FOR EROSION PROTECTION
                                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 Pohc

            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.

            POLICY 17           WHENEVER POSSIBLE, USE NONSTRUCTURAL MEASURES TO-
                                MINIMIZE DAMAGE TO NATURAL RESOURCES AND PROPERTY
                                FROM, FLOODING AND EROSION. SUCH MEASURES SHALL
                                INCLUDE: (I) THE SET-BACK OF BUILDINGS AND STRUC-
                                TURES; (II) THE PLANTING' OF V`EGETATION AND THE
                                INSTALLATION OF SAND FENCING AND DRAINAGE; (III) THE
                                RESLOPING OF BLUFFS; AND (rv) THE FLOOD-PROOFING OF
                                BUILDINGS OR THEIR ELEVATION ABOVE THE BASE FLOOD
                                LEVEL.

            Explanation of Policy

            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 wiR 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          UTILIZE SLOPE REDUCTION, BANK STABILIZATION,
                                DEVELOPMENT RESTRICTIONS AND LANDSCAPE TECMQUES
                                TO REDUCE SURFACE EROSION ON STEEP SLOPES ALONG THE
                                WATERFRONT.



                                                   111-12









           Explanation of Policy

           The topography of the waterfront area of the Village is characterized by steep slopes
           and banks along the waterfront composed of clay and shale which are subject to
           surface erosion through weathering and ice damage. The local policy reflects
           nonstructural measures to reduce surface erosion.          The use of development
           restrictions on 15% or greater slopes, minimum 50 foot setbacks, minimal slope
           manipulation and vegetation cover to stabilize banks along the waterfront win be
           utilized in the coastal area.

           This policy recognizes both the potential adverse impacts of flooding and erosion
           upon development, and upon natural protective features in the coastal area, as well
           as the costs of protection against those hazards which structural measures entail.

           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 RESOURCES AREAS.

           Explanation of Polic

           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
           damag6-,- hydro-7electric power generation, and recreation.

           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 BY ALL THE PUBLIC
                               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
                               FACMITIES, FISHING AREAS AND WATERFRONT PARKS.

           POLICY 19A          PROVIDE IMPROVED PUBLIC ACCESS TO THE LEWISTON
                               LANDING, ADJACENT DOCKS AND PIERS, AND THE
                               WATERFRONT PARK THROUGH IMPROVEMENT - OF
                               CIRCULATION ROUTES AND EXPANSION OF PARKING
                               FACILITIES.


           POLICY 19B          PROVIDE PEDESTRL4LN- TRAMS TO ARTPARK AND.
                               WATERFRONT PARK FROM THE REST OF THE COMMUNITY.


           POLICY 19C          INCREASE PUBLIC ACCESS TO WATERFRONT AREAS WITHIN
                               ARTPARK.


                                                   111-13









           Explanation of Polic

           The Village waterfront is currently limited in public access - only one block in the
           target area, numerous vacant "street ends" above the water and Artpark (limited
           seasonally by fees). Topography and private ownership further restricts public
           access. In addition, recreation areas along the waterfront are neither viable nor
           advertised from the community (Seaway Trail, Center Street commercial area, etc.)
           or connected by pedestrian walks and trails. This policy is intended to increase and
           improve access to public lands along the waterfront.

           As described in the Inventory and Analysis, the lower Niagara River is a major,
           growing recreational area for sport fishing and boating. The Village of Lewiston is
           one of the few areas on the lower Niagara River where it is physically possible to
           provide access for boating and fishing, as well as access to the magnificent scenic
           vistas of the Niagara River gorge. Even with these opportunities, it is essential that
           access to the public water-related recreation resources and facilities within the
           Village's waterfront area be maintained and improved.

           Existing public water-related recreation facilities within the Village    of Lewiston
           include the Village boat launching, docking, and 'fishing facilities at Lewiston
           Landing Waterfront Park and limited State facilities at Artpark (fishing pier and
           nature trails). The Lewiston Landing Waterfront Park, the surrounding area (the
           Waterfront Revitalization Target Area), and Artpark also provide significant visual
           access opportunities. The existing level and types of access provided by these
           facilities is to be maintained and improved by:

                        Improving and/or expanding parking facilities at the Lewiston Landing
                        Waterfront park, the adjacent commercial area, the Village playground -
                        "Onondaga Trail" site, and for summer events at Artpark;

                        Improving the Onondaga Street right-of-way for pedestrian use
                        between First and Second streets;

                        Increasing public awareness of public facilities providing access by
                        improving, signage and other visible linkages along Center Street
                        between the Seaway Trail (Route 18F) and the Lewiston Landing
                        Waterfront Park. developing walking tours of the waterfront area,
                        coordinating promotional and public information activities with Artpark,
                        and sponsoring a seasonal fishing derby.

           Lewiston Landing Waterfront Park and Artpark shall receive priority for
           improvements in access, parking, and connection with other areas of the Village. All
           access improvements along Center Street, the Onondaga Street right -of -way, and
           connecting the Lewiston Landing Waterfront Park to Artpark along First Street must
           be compatible with existing residential uses (see Section- IV. Proposed Uses: East
           of Target Area).

           In addition, as feasible and subject to the relevant guidelines given below, public.
           transportation services should be maintained and promoted, so as to provide access
           for the non-automobile-owning public and reduce traffic congestion that may impair
           public access.



                                                   111-14








            The following additional 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 reason@ble 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
                          waterfront 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.

                   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.

                   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

                                                      111-15








                                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
                                facili Ly.

                         (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 resour Ices and facilities 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 shali 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 Village or State government 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.

            See also policies 1, 2, 9, 20, 21, and 22.







                                                     Ill-16










           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.


           POLICY 20A           ACCESS SHALL BE IMPROVED TO VILLAGE-OWNED LANDS
                                ADJACENT TO THE NIAGARA - RIVER AT THE LEWISTON
                                LANDING WATERFRONT PARK AND UNDEVELOPED STREET
                                ENDS OF ONONDAGA, CENTER, AND CAYUGA STREETS AND
                                TO STATE-OWNED LANDS WITHIN ARTPARK.


           Explanation of Policy

           Given the limited availability in the lower Niagara River of public facilities providing
           specific water-related recreational activities and the limited opportunities for
           developing such facilities to meet an increasing demand, access to publicly-oWned
           lands adjacent to the river's edge should be provided', whenever practicable, for
           activities and pursuits which require only minimal facilities for their enjoyment.
           Where access to such lands cannot be provided or is not needed at this time, such
           lands shall nonetheless be retained in public ownership to ensure future
           opportunities for providing public access and/or developing needed public
           recreational facilities.

           Within the Village of Lewiston    waterfront area, such public lands include: lands
           owned by the Village within the planned. Lewiston Landing Waterfront Park site;
           lands owned by the State within Artpark that are not currently used for specific
           water-related recreational activities; Village-owned undeveloped street right-of.-
           ways al Mohawk, Oneida, Onondaga, Center, Cayuga, Seneca, and Tuscarora
           Streets; and State-owned underwater lands.

           While State-owned underwater lands shall be retained in public ownershiR,
           traditional sales of easements on lands underwater to adjacent, onshore property
           owners are consistent with this policy, provided such easements do not substantially
           interfere with continued public use of the public lands on which the easement is
           granted. In particular, the provision of easements for mooring or docking facilities
           for adjacent property owners in the area north of Onondaga -Street to the Village
           boundary must not conflict with the use of, or access to, public boating facilities at
           Lewiston Landing, the protection of off -shore fish resources (see Policy 7A), or the
           preservation of natural erosion protection features and scenic values of shoreline
           bluffs.'

           Access to the Lewiston Landing Waterfront Park lands and Onondaga, Center, and
           Cayuga street-ends is to be provided with the development of the park and
           revitalization of the Waterfront Revitalization Target Area (see Policy 22 and Section
           IV, Proposes Uses: Waterfront Revitalization Target Area). Access to Artpark
           lands is to be improved for passive recreational and year-round uses (see Section
           IV, Proposes Uses: Artpark area). Improving access at the Mohawk, Oneida,
           Seneca, and Tuscarora street-ends is constrained by topography and neighboring
           residential uses; nevertheless, these street-ends shall remain in public ownership,
           shall be available for public use, and shall not be leased or otherwise conveyed to

                                                    111-17








            any persons or organizations for any purposes which would limit public use of these
            street-ends for access to the Niagara River.

            The following additional 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 waterfront lands andlor waters shall not be reduced, nor shall the
                   possibility of increasing access in- the future from adjacent or nearby public
                   lands or facilities to public waterfront 'lands andlor 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 tlie
                                 provision, except at great expense, of convenient public access
                                 to the public waterfront lands and/or waters.

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

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

            2.     The existing level of public access within public waterfront 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:




                                                      111-18








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

                         (2)    Access is reduced or blocked completely by any public
                                developments'.

            3.     Public access from the nearest public roadway to and along the shoreline 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 fragilecoastal resources or (b) adequate access exists within one-
                   half mile. 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 Village or State government will not undertake or fund any project which
                   increases access to public waterfront lands and/or waters that is not open to
                   all members of the public.

            5.     In their plans and programs for increasing public access, 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.

            6.     Proposals for increased public access to public waterfront lands or 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.

            See also policies 1, 2, 9, 19, 21, and 22.















                                                    111-19










            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 COAST, 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 RECREA-
                                TION 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          COMPLETE THE DEVELOPMENT OF LEWISTON LANDING
                                WATERFRONT PARK.


            POLICY 21B          IMPROVE SHORELINE ACCESS AND BOATING FACILITIES
                                BETWEEN CENTER AND CAYUGA STREETS.

            POLICY 21C          WITHIN THE WATERFRONT REVITALIZATION TARGET AREA,
                                IMPROVE AND EXPAND WATER-ENHANCED COMMERCIAL
                                FACILITIES WHICH SUPPORT WATER-DEPENDENT
                                RECREATIONAL USES.

            POLICY 21D          IMPROVE THE "ONONDAGA TRAIL" AND VILLAGE
                                PARKGROUND.'

            POLICY 21E          EXPAND THEYEAR-ROUND RECREATIONAL USE OFARTPARK.

            POLICY 21F          DEVELOP SCENIC OVERLOOKS ALONG THE ROBERT MOSES
                                PARKWAY.

            Explanation of Polic

            As described in the Inventory and Analysis Section, recreational opportunities along
            the lower Niagara River are currently extremely limited, while topography and
            existing development limit the potential for developing much-needed recreational
            facilities. The Village of Lewiston is uniquely situated to provide increased
            opportunities for water-related recreation in the lower Niagara River, as well as Lake
            Ontario, through the expansion, improvement,and development of public and private
            recreational and supporting facilities, as provided by Policies 21A, 21B, 21C, 21D,
            21E, and 21F.

            The improvement of recreational opportunities will be focused in the Waterfront
            Revitalization Target Area and will involve: completion of the Lewiston Landing
            Waterfront Park as a first priority; public and private improvement of access,
            infrastructure, and boating facilities in the adjacent area on the river; and private
            investment in supporting commercial facilities. and services in the upland area. The
            expansion, improvement and development of these facilities will be undertaken as
            described in Section IV, Proposed Uses: Waterfront Revitalization Target Area,
            Project 3: Lewiston Landing Waterfront Park, Project 4.: Shoreline Access and
            Boating Facilities, and Project 5: Supporting Commercial Facilities.

                                                    111-20








           Outside of the Waterfront Revitalization Target Area, additional recreational
           opportunities will be provided through: improvement of the "Onondaga Trail" and
           Village Playground, as described in Section IV, Proposed Uses: East of Target Area
           and Project 6; development of scenic overlooks on the Robert Moses Parkway, as
           described in Section IV Project 7; and expansion of year-round recreational use of
           Artpark, as described in Section IV, Proposes Uses: Artpark Area.

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

           I .    Consistent with demand and the protection of other important waterfront
                  resources, water-dependent and water-enhanced recreational uses shall have
                  a higher priority than any non-water-related uses, including non-water-
                  related recreation uses. In addition, water-dependent recreation uses shall
                  have a higher priority than water-enhanced recreation uses. Determining a
                  priority among water-dependent uses will require a case-by-case analysis.
                  (See Policy 2 for definitions and additional provisions concerning water-
                  dependent uses.)

           2.     Among the types     of w ater-dependent recreation, provision     of adequate
                  boating servi 'ces to meet future demand is particularly encouraged. Public
                  and private boating facilities will include, as needed, parking, park-like
                  surroundings, toilet facilities, and pumpout facilities.

           3.     Any development of water@related recreational facilities or increase in
                  recreational use must be consistent with the preservation and enhancement of
                  other   important coastal resources and their capacity to accommodate
                  anticipated use. Impacts on important coastal resources within. the, State
                  coastal area and other local waterfront areas, as well as within the Lewiston
                  'waterfront area, must be considered. Such resources include fish and wildlife
                  habitats, natural erosion protection features, historic and cultural resources,
                  scenic resources, and water resources.

           See also policies 1, 2, 9, 19, 20, and 22.

           POLICY 22            DEVELOPMENT, WHEN LOCATED ADJACENT TO THE SHOREP
                     -          WELL PROVIDE FOR WATER-RELATED RECREATION, AS A
                                MULTIPLE USE, WHENEVER SUCH RECREATIONAL USE IS
                                APPROPRIATE IN LIGHT OF REASONABLY ANTICIPATED
                                DEMAND FOR SUCH ACTIVITIES AND THE PRIMARY PURPOSE
                                OF THE DEVELOPMENT.

           Explanation of Polic

           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 provide, to the fullest extent permitted by
           existing law, 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.




                                                   111-21









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

                  Parks
                  Highways
                  Utility transmission rights of way
                  Sewage Treatment Facilities
                  Schools, Universities*
                  Nature Preserves*
                  Large Residential Subdivisions
                  Retail and Office Complexes

            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 recreation
            inadvisable as a multiple use, safety considerations should reflect a recognition that
            some risk is acceptable in the use of recreation facilities.

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

            Reflecting its historic importance as a landing and portage site, pre-dating European
            settlement or the founding of the nation, the Lewiston waterfront area contains two
            sites listed on the National Register of Historic Places: Lewiston Mound and Lewiston
            Portage Landing Site. Both sites, as.further described in the Inventory and
            Analysis, are on the grounds of Artpark. In addition, the entire waterfront area is
            within a zone of potential archeological significance, as identified by the NYS Office
            of Parks, Recreation and Historic Preservation.

            There are also five buildings and one site within the waterfront area that have been
            identified as locally important. These include: Angler's Retreat (now the Riverside.
            Inn), Barton Hill, Fairbanks House, Dechantal Hall (now the Niagara Frontier Bible
            Institute), the Village Inn, and the site of the historical steamboat docks. These
            buildings and sites, along with the many attractive older buildings in the waterfront
            area and the adjacent area (including the nationally designated Frontier House),
            make a significant contribution to the appealing character of the Village. These
            resources directly complement the recreational and tourism potential of the
            waterfront and their Preservation should be an integral part of revitalization efforts.

            .All practicable means shall be used to proteel and enhance the above cited resources
            which are listed on the National Register of Historic Places or have been identified
            as locally important historic resources.



            ----------------------------------------
            * The types of recreation uses likely to be compatible with these facilities are limited to the more passive forms,
            such as trails or fishing access. In some cases, land areas'not direcxly or immediately needed by the facility
            could be used for recreation.



                                                    111-22









            All practicable means shall be deemed to include the consideration and adoption of
            any techniques, measures, or controls to prevent a significant adverse change to
            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 components
                   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; entryways 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 resources 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 resources and all
                   actions within a historic district that would be incompatible with the objective
                  -or preserving the quality and integrity of the resource.                Primary
                   considerations to be used iri 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.   Within 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 constructiom, reconstruction,
            alteration, or demolition of any building, structure, earthwork, or component
            thereof of a recognized historic, cultural or archeological resources which1has 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 archaeological resources which does not involve a significant adverse change to
            the resource, as defined above.









            Prior -to undertaking major construction activities within the waterfront area, anyone
            proposing such activity shall consult with the State Historic Preservation Office
            to determine whether significant archaeological resources are present at the site and
            what measures are necessary to preserve these resources. All practicable means
            shall be used to preserve significant archaeological resources.

            POLICY 24           THE STATE COASTAL POLICY REGARDING THE PROTECTION
                                OF SCENIC RESOURCES OF STATEWIDE SIGNIFICANCE IS NOT
                                APPLICABLE TO LEWISTON.

            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.

            POLICY 25A          PREVENT THE IMPAIRMENT OF THE SCENIC QUALITY OF THE
                                LOWER NIAGARA RIVER AND THE NIAGARA ESCARPMENT.


            Explanation of PolicV

            The Village of Lewiston waterfront area, located along the Niagara River, is part of
            one of the most important scenic resources in the region, if not the State, as well as
            providing rare opportunities to view the scenic vistas of the lower Niagara River.
            In addition, the Niagara Escarpment, a unique landform, provides the backdrop for
            the Village's waterfront area. The scenic quality of the lower Niagara River, as
            viewed from Lewiston, is the result primarily of its dramatic geology, natural
            vegetation, turbulent waters, and massive man-made structures.              Lewiston's
            contributions to this resource are the tall, steep, wooded slopes which descend from
            the boundaries of the Village to the shore at the Lewiston Landing and the abrupt
            rise of th'e Niagara Escarpment cutting across the southeastern corner of the Village.

            Any action that would impair the quality of these scenic resources is inconsistent
            with this policy. Impairment shall include: (1) the irreversible modification of
            geologic forms, including that resulting from the disturbance and/or acceleration of
            natural geological processes; (2) the destruction or removal of vegetation, whenever
            such vegetation contributes to the scenic quality of the resources; (3) the
            substantial and permanent reduction of the quality and/or quantity of water flowing
            in the Niagara River; (4) the addition or alteration of manmade structures which
            because of. siting or scale will reduce views, as identified in@ Section II, or which
            because of scale, form, or materials will diminish the scenic quality of these
            resources.

            No development, other than limited boating and fishing facilities, shall be permitted
            on the bluffs along the Niagara river or in the nearshore area (see Section IV,
            Proposed Land and Water Uses). The Niagara Escarpment shall not be breached,
            excavated, bl 'asted, or otherwise altered or damaged and no development shall be
            permitted on the face of the Escarpment.






                                                    111-24









           POLICY 25B          PROTECT, RESTORE OR ENHANCE NATURAL AND MAN-MADE
                               RESOURCES WHICH CONTRIBUTE TO THE OVERALL VISUAL
                               QUALITY OF THE LEWISTON WATERFRONT AREA.

           Explanation of Polic

           In addition to. those elements of the Lewiston waterfront area cited above that
           contribute to the important scenic resources of this area, the visual quality of the
           Village's waterfront area is also enhanced by the sloping topography of the
           waterfront area, abundant vegetation and open spaces, and the historic village
           ambience created by existing buildings and street patterns. At the focal point of the
           waterfront area, however, deteriorated, underutilized or inappropriate structures
           near the Lewiston Landing detract considerably from visual quality (see Section 11
           for further descriptioin). These conditions will be remedied, in large part, through
           proposed improvements for the Waterfront Revitalization Target Redevelopment,
           however, will be undertaken so as to preserve views from existing development to
           the extent possible.
           When considering a proposed action within the waterfront area, Village, State and
           federal agencies shall ensure that the action will be undertaken so as to protect,
           restore or enhance the overall visual quality of the waterfront area. The following
           siting and facility-related guidelines are to be used to achieve this policy,
           recognizing that each development situation is unique and that the guidelines will
           have to be applied accordingly:

           1      Structures and other development such as highways, power lines, and signs,
                  should be sited 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.

           2.     Structures should be clustered or oriented to retain views, save open space
                  and provide visual organization to a development.

           3.     Sound,     existing structures (especially historic buildings)       should be
                  incorporated into the overall development -scheme.

           4.     Deteriorated and/or degrading elements should be removed.

           5.     The original land form should be maintained or restored, except when changes
                  screen unattractive elements and/or add appropriate interest.

           6.     Vegetation should be maintained or added 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 creates views of coastal waters.

           7.     Appropriate materials, in addition to vegetation, should be used to screen
                  unattractive elements.

           8.     Appropriate scales, forms and materials should be used to ensure that
                  buildings and other structures are compatible with and add interest to the
                  landscape.


                                                    111-25










            POLICY 26           THE STATE COASTAL POLICY REGARDING THE PROTECTION
                                OF IMPORTANT AGRICULTURAL LAND IS NOT APPLICABLE TO
                                LEWISTON.



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

            Explanation of Poli

            Although the Village contains no existing energy facilities in the LWRA, it is directly
            dow-nstream from the New York State Power Vista which affects the waterfront and,
            by agreement, may participate in revitalization efforts as part of current expansion
            plans. These plans should include consideration of coastal resources and activities
            identified in this LWRP.


            Demand for energy in -New York, will- increase j 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
            new facilities. The directives for determining this. need are set forth in the New
            York Energy Law. With respect to transmission lines, 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 Lewiston, 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 facilifties
            (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
                                SIGNIFICANT FISH AND WILDLIFE AND THEIR HABITATS,
                                INCREASE SHORELINE EROSION OR FLOODING, OR INTERFERE
                                WITH THE PRODUCTION OF HYDROELECTRIC POWER.


                                                    111-26










            POLICY 28A           THE VILLAGE OF LEWISTON ENDORSES THE USE OF THE
                                 NIAGARA RIVER ICE BOOM FOR ITS CONTROL OF ICE ON THE
                                 LOWER NIAGARA RIVER AND REDUCTION OF EROSION AND
                                 DAMAGE TO IN-WATER STRUCTURES ALONG THE LEWISTON
                                 COAST.


            Explanation of Polic

            Prior to undertaking actions required for ice management, an assessment must be
            made of the potential effects of such actions upon hydroelectric power production,
            fish and wildlife and their habitats (See Policy 7A), flood levels and damage, rates
            of shoreline erosion damage, and 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.

            In particular, substantial changes in the use and installation of the ice boom in the
            Upper Niagara River should assess the potential effects on down-river coastal
            -resources, erosion and flooding. Public investments and private improvements in
            watqrfront revitalization could be seriously jeopardized if the ice management facility
            were significantly altered or discontinued.      Of prime concern in this and other
            prospective activities are clay-shale shoreline slopes, waterfront struc        'tures,
            geologic resources, archeologic sites, fish habitats, and future recreational
            improvements. This policy is a critical priority in the protection of existing and
            future development along the Lewiston waterfront.

            POLICY 29            ENCOURAGE THE DEVELOPMENT OF ENERGY RESOURCES ON
                                 THE OUTER CONTINENTAL SHELF, IN LAKE ERIE AND IN
                                 OTHER WATER BODIES, AND ENSURE THE ENVIRONMENTAL
                                 SAFETY OF SUCH ACTIVITIES.


            Explanation of Polic

            The development of energy resources and alternative techniques for energy
            generation is of prime importance to the Village and the region. However., the
            development of these resources must be carefully balanced with potential impacts on
            the environment and other natural resources that are of critical importance to the
            Lewiston Waterfront Area and its revitalization. Development of river and Lake Erie
            energy resources must consider the potential adverse effects on fishing, fish
            habitats, water quality, boating, commercial fishing, swimming, recreation and
            general waterfront and water-dependent use of the coastal area. There must be a
            careful balance between the benefits of energy resource development and all
            anticipated losses or destruction of opportunities along the affected waterfront and
            their economic impact.

            POLICY 30            MUNICIPAL, INDUSTRIAL, AND COMMERCIAL DISCHARGE OF
                                 POLLUTANTS, INCLUDING BUT NOT LIMITED TO, TOXIC AND
                                 HAZARDOUS SUBSTANCE, INTO COASTAL WATERS WILL
                                 CONFORM TO STATE' AND NATIONAL WATER QUALITY
                                 STANDARDS.





                                                    I'll-27










            Explanation of Policy

            The Village of Lewiston no longer operates its wastewater treatment process. The
            Village is a member in a regional facility - the Lewiston Master Sewer Improvement
            Area (LMSIA). There are no industrial discharges in the Village, only commercial
            and residential. The outfall for the LMSIA is north of the LWRA in the Town of
            Lewiston.

            The advanced treatment facility of the LMSIA has resulted in an effluent discharge
            of substantially better quality than previously discharged into the River by the
            Village in past years. Although the Village no longer treats its own wastewater, it
            maintains a rigorous sewer-use enforcement program and sewer
            maintenancel rehabilitation program. The entire Village of Lewiston is serviced by
            public sewers. The continued operation and maintenance of this system is essential
            to sustain and enhance economic growth in the LWRA.


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

            Explanation of Polic

            The Village of Lewiston has critical economic, environmental and social interests in
            the water quality classifications of the Niagara River. The current classification of
            the river as Class A - Special (International Boundary) supports and enhances
            existing and planned reside  'ntial, tourism and recreational use of the waterfront
            area. In addition, the Village receives its drinking water from the Upper Niagara
            River (outside of the local waterfront area) and it is essential that the current
            classification and standards be maintained. There are no waters overburdened with
            contaminants within the lcoal waterfront area.



            POLICY 32           THE STATE COASTAL - POLICY REGARDING THE                USE OF
                                ALTERNATIVE SANITARY WASTE SYSTEMS IS NOT
                                APPLICABLE TO LMSTON.



            POLICY 33           BEST MANAGERENT PRACTICES WELL BE USED TO ENSURE
                                THE CONTROL OF STORMWATER RUNOFF AND COMBINED
                                SEWER OVERFLOWS DRAINING INTO COASTAL WATERS.










                                                   111-28












           POLICY 33A           PROMOTE COMPREHENSIVE STORMWATER DRAINAGE PLAN
                                AND PROGRAM IMPLEMENTATION IN THE LWRA. ENSURE THE
                                PROPER SITING OF STORM SEWER OUTFALLS, TO AVOID
                                CONFLICTS WITH BOTH WATER-DEPENDENT USES AND
                                PROTECTION OF THE FISH HABITAT NORTH OF LEWISTON
                                LANDING.


           Explanation of Polic

           The Village has separate sanitary and storm sewer systems. The sanitary sewer
           system does overflow under extreme storm events. The overflow prevents damage
           to treatment systems and alleviates basementnooding problems. The existing sewer
           maintenance program will lessen sanitary sewer overflows and structural
           improvements to the regional treatment system, which are currently being planned,
           will eventually eliminate overflows.

           Effective storm water drainage and run-off will require.both structural and.non-
           structural measures. Non-structural measures include proper grading, -sloping'
           and landscaping and plantings selection. Structural modifications include effective
           storm water collection systems designed for efficient storm water removal to alleviate'
           ponding and localized flooding.

           Guidelines for effective storm water management:

           1.'    Provide specific criteria in site plan review processes which focus on storm
                  water removal techniques and downstream capacities.

           2.     Provide for a comprehensive drainage plan which incorporates design
                             as set forth by the Erie-Niagara Counties Regional Planning 13oard.

           3.     Examine grading changes, landscape amenities, and natural percolation as
                  alternatives to piped storm water run-off.

           POLICY 34            DISCHARGE OF WASTE MATERIALS INTO COASTAL WATERS
                                FROM -VESSELS Wt[.L BE LIMITED SO AS TO PROTECT
                                SIGNIFICANT FISH AND WILDLIFE HABITATS, RECREATIONAL
                                AREAS AND WATER SUPPLY AREAS.


           POLICY 34A           REGULATE THE DISPOSAL OF SEPTAGE AND SOLID WASTES
                                FROM RECREATIONAL AND COMMERCIAL VESSELS WITHIN THE
                                VILLAGE'S WATERFRONT AREA.

           Explanation of Policy

           The discharge of sewage, garbage, rubbish, and other solid and liquid materials
           from watercraft and marina activities into the State's waters is regulated by State
           Law. Also, specific effluent standards for marine toilets have been promulgated by..
           the Department of Environmental Conservation (6 NYCRR, 657). To further
           discourage the discharge of vessel waste materials, marinas to be constructed or
           expanded in the Village's Waterfront Area, will provide pump-out facilities, unless



                                                    111-29









           adequate facilities are already available. Trash disposal collectors will also be
           provided at public and private recreational facilities located in the Waterfront Area.

           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.

           Explanation of Polic

           Dredge spoil disposal in the Village LWRA will likely be off -site, as no adequate on-
           site area exists for proper disposal. Dredging should be limited in the Local
           Waterfront Area to that required for bulkhead and groin wall installations. Rip-rap
           stone fill should be returned to the river for shore protection, bulkhead toe
           protection and groin fill. Dredging, in general, should not adversely affect the
           water quality of the Niagara River, the natural protective capacity. of shoreline
           bluffs, or important fish habitats and scenic resource's (See Policies 7 and 25). -
           Dredged shore and river sediments (i.e. -muck, organics) shall be removed and
           disposed of off-site in a site approved by NYSDEC and/or the U.S. Corps of
           Engineers, if applicable.

           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 SPIILS INTO COASTAL WATERS; ALL PRACTICABLE
                                EFFORTS WELL BE UNDERTAKEN TO EXPEDITE THE. CLEANUP
                                OF SUCH DISCHARGES; AND RESTITUTION FOR DAMAGES
                                WILL BE REQUIRED WHEN THESE SPILL OCCUR.

           Explanation of Poli

           See Policy 39 for definition of hazardous materials.

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

           Explanation of Policy

           Policy 33 elaborates on non-structural practices to be utilized in Lewiston's
           Waterfront area to alleviate overland run-off which results in non-point source
           discharges. Through proper landscaping and planting methods and selection, road
           salt application rates and storage practices, and land use controls, non-point source
           pollution can be controlled. Proper street cleaning is one management practice which
           can lessen non-point source pollution.






                                                   111-30









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


            Explanation of Polic

            Surface and groundwater are the principle sources of drinking water in the State,
            and therefore must be protected. The Village of Lewiston receives it public water
            supply from the Niagara Coiinty Water Authority, whose source is the Upper Niagara
            River. The Village of Lewiston has a crucial interest in any upstream activity
            affecting the quality of their water supply and/or the recreational value of their
            surface water. In addition, any action which adversely affects the fish and wildlife
            resources of the Niagara River is of utmost importance when considering the
            economic vitality of the Local Waterfront area.

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



            Explanation of Policy

            The terms "solid wastes" and "solid wastes management facilities" are defined as in
            New York's Solid Waste Management Act (Environmental Conservation Law Section
            27-0901). Solid wastes include sludges 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. See Policy 8 for
            further definition.

            The primary wastes attributable to the Village are municipal (domestic) wastes,
            trash, and white goods.

            The Village disposes of all municipal refuse off -site at a NYSDEC permitted sanitary
            landfill.  All wastewater sludge has been removed from the- Village's former
            wastewater treatment facility. Wastewater sludges from the LMSIA facility are taken
            to a permitted landfill.

            There is one known, inactive hazardous waste disposal site within the Village's
            Waterfront Area, the Stauffer-Artpark site. Any transport of hazardous wastes
            through the Waterfront Area, as regulated by State law, should be conducted in
            such a manner so as to protect the Village's groundwater and surface water supplies,
            existing and planned recreation areas identified in this LWRP, and important fish,
            wildlife and scenic resources identified in this LWRP. (See Policies 7A, 22, and 25.)



                                                    111-31










            POLICY 40            THE STATE COASTAL POLICY REGARDING EFFLUENT
                                 DISCHARGED FROM MAJOR STEAM ELECTRIC GENERATING
                                 FACILITIES IS NOT APPLICABLE TO LEWISTON.



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


            Explanation of Polic

            The Lewiston LWRP incorporates the air quality policies and programs developed for
            the State by the Department of Environmental Conservation pursuant to the Clean
            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 Waterfront Area.

            To the extent possible, the State Implementation Plan wM be consistent with land and
            water use policies of the LWRP. Conversely, program decisions with regard to
            specific land and water use proposals and any recommendations with r4gard to
            specific sites for major new or expanded energy, transportation, or commercial
            facilities will reflect an assessment of their compliance with . the air quality
            requirements of the State Implementation Plan.

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

            Explanation of Polic

            The policies of the LWRP 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 the coastal region or adjacent areas.

            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 Lewiston LW`RP incorporates the State's policies on acid rain i As such, it will
            assist in the State's efforts to control acid rain. These efforts to control acid rain
            wiU enhance the continued viability of coastal fisheries, wildlife, agricultural, scenic
            and water resources.


            POLICY 44            THE STATE COASTAL POLICY REGARDING THE PROTECTION
                                 OF WETLANDS IS NOT APPLICABLE TO LEWISTON.







                                                     111-32







































                                   SECTION IV


                          PROPOSED LAND AND WATER USES
                    AND PROPOSED PUBLIC AND PRIVATE PROJECTS










           A.    PROPOSED LAND AND WATER USES

           The Lewiston Local Waterfront Revitalization Area (LWRA) has been evaluated and
           planned to preserve sensitive natural features and            complement existing
           development, while enhancing recreational and tourist use of waterfront resources.
           Existing land uses in the LWRA are residential with commercial and recreation
           facilities located at the waterfront on either side of Center Street. These include
           Lewiston Landing, a private marina, a restaurant, a tavern, a raotel and parking
           facilities. Proposed uses reinforce this land use pattern.         Water-dependent
           recreation uses are to be improved and expanded in the most accessible area of the
           shoreline (Cayuga to Onondaga Streets) with more intensive, supporting recreation
           and commercial uses proposed for the adjacent upland area. Low -density residential
           and public (Artpark) uses are to be maintained in the remainder of the waterfront
           area, reflecting the topographical development constraints of the area and helping
           to preserve the open space and scenic values of the area.

           The LWRA is divided into five sub-areas for convenience in describing proposed
           uses. The five sub-areas or sections (see Figure 11 for map of sections) are as
           follows:

                 Waterfront Revi 'talization Target Area-The Target-Area includes Lewiston
                 Landing Waterfront Park (First Street between Center and Onondaga Streets
                 to the shoreline) and the adjacent blocks west of First Street between Center
                 Street and the line of Cayuga Street.

                 Section 1 (North of the Target Area) -The entire portion of the LWRA from
                 'Onondaga Street north to the Village Line,

                 Section 2 (East of the Target Area) -The area between Cayuga and Onondaga
                 Streets east of the Target Area to Fourth Street (the LWRA boundary).

                 Section 3 (South of the Target Area)-The area south of Cayuga Street to
                 Tuscarora Street from Fourth Street (the LWRA boundary) to the waterfront,
                 including residential development on the south side of Tuscarora Street and
                 around Guard Street.

                 Section 4 (Artpark)-The portion of the LWRA south of Seneca and Tuscarora
                 Streets dominated by Artpark. It also includes the public lands, devoted
                 primarily to transportation uses, which are east of Artpark.

           1     Waterfront Revitalization Target Area

           Opportunities for enhancing the use of the Village's waterfront are focused in the
           four block area west of First Street between Onondaga and Cayuga Streets;
           therefore, the Village's revitalization efforts should also be concentrated on this
           "target area".

           This area represents the prime waterfront development area. Proposed uses, focus
           on improving access to the water           and     expanding       water-dependent
           tourism/ recreation uses. In the block west of Water Street between Onondaga and
           Center Streets where the Lewiston Landing is located, the existing water-
           dependent recreation uses, providing public boat launching, boat docking and

                                                 IV-3









            fishing facilities, are to be maintained along the shoreline. The adjacent blocks east
            to First Street are designated for further development as the Lewiston Landing
            Waterfront Park.

            Water-dependent recreation uses are also proposed for the shoreline area south of
            Lewiston Landing (Center to Cayuga Streets). The rehabilitation and expansion of
            existing private marinaldocking facilities is encouraged; however, any major
            development or improvement of uses is also to provide public shoreline access as
            compatible with private uses. Marina uses are meant to include riverside operation
            and premises for mooring, docking, renting, storing, or servicing of boats and for
            sales of boating supplies as an accessory use.

            Proposed uses for the adjacent upland areas (east to First Street between Center and
            Cayuga Streets) are recreation-and tourist -oriented commerical services which will
            complement public and private investment in water-related facilities. These include
            restaurants and inns, overnight accommodations (hotel, motel, tourist home, or bed
            and breakfast residence), and retail/service facilities complementary to water-
            related recreation and tourist uses.

            Proposed in-water uses for the waterfront target area include fishing piers, boat
            launches and docks, and navigational transition I access to on-shore facilities.
            Swimming and speed-boating are conflicting uses in these transitional waters and
            are excluded.

            The undeveloped street-ends at Onondaga, Center', and Cayuga Streets are to be
            retained in public ownership and used for access or waterfront expansion.

            2.    North of Target Area

            The section of the LWRA from Onondaga Street to the Village Line is bordered by
            steep bluff s along the shoreline and traversed by another steep slope from Second
            Street to the northwest corner of the LWRA (see Inventory and Analysis, Figure 2).
            Existing residential uses are well established and opportunity for new development
            is limited. Uses proposed for this area, except for the block north of Mohawk
            Street, are medium density (6-7 units/acre) single-family residences; compatible
            public, quasi-pubhc and institutional uses (churches, schools, private clubs, health
            facilities, etc.); and commercial uses limited to home occupations, personal services
            and bed and breakfast residences.

            The block north of Mohawk Street is now occupied by the Niagara Frontier Bible
            Institute. The property includes DeChantal Hall, which is listed on the National
            Register of Historic Sites (see Inventory and Analysis, Figure 7). While no change
            in use is expected for the foreseeable future, conversion to low-density (2
            units / acre) single-family residences would be acceptable. The public,. quasi-public,
            institutional, and limited commercial uses listed above, excluding bed and breakfast
            residences, would also be acceptable in this area. To the extent practicable and
            permitted by law, any change of use should preserve DeChantal Hall and maintain
            its historic character and an appropriate setting.






                                                   IV-4









            The shoreline of this section of the LWRA is to be preserved as open space to control
            encroachment of structures and conserve the wooded bluffs. In-water structures
            are to be limited to mooring and docking for boats owned by the adjacent upland
            property owner.

            The undeveloped -street ends at Oneida and Mohawk Streets are to be retained in
            public ownership and preserved as open space.

            3.     Fast of Target Area

            This section is an important transitional area, linking the Target Area, the Center
            Street business district, and other community facilities and containing the'
            crossroads of access to the waterfront. Center Street is the major tourist entrance
            to the Village and, similarly, represents the most viable tie to the Target Area. The
            Center and Fourth Street intersection is a highly visible connection with the Seaway
            Trail (Route 18F, the State Touring Route) and can be the major entrance to the
            waterfront. To the north, the Onondaga Street right-of -way provides a pedestrian
            link between the Village Hall and playground and the Target Area. Finally, First
            Street provides the major north-south access, connecting the Target Area to
            Artpark. While access to the waterfront along these corridors can be improved (see.
            Proposed Projects), care must be taken to provide such access in a manner
            compatible with the existing residential uses which are the predominant uses in this
            section.

            The proposed uses for this section are primarily medium density single-family
            residences and compatible uses, as described above for the Target Area. Neighbor-
            hood business uses and mixed business/ residential uses are allowed along the south
            side of Center'Street between Third and Fourth Streets. The establishment of bed
            and breakfast residences is particularly encouraged throughout this section to
            provide needed accommodations for visitors and a connection in uses between the
            Target Area and the Center Street business district.

            4.     South of Target Area

            Reflecting the existing land use pattern, proposed uses for this section are primarily
            medium density single-family residences and compatible uses, as described above for
            Section 1. Two-family residences may be accommodated in the area along Tuscarora
            and Guard Streets. Seneca and Tuscarora streetrends are to be retained in Village
            ownership for open space. Since shoreline access is difficult at best, pedestrian
            travel is to be accommodated via First Street. Vehicular access is proposed along
            Fourth Street to Artpark. The shoreline is to be preserved as open space to protect
            the steep banks lining the area. In-water structures are to be limited to mooring and
            docking for boats owned by the adjacent upland property.

            5.

            The Artpark section of the LWRA is proposed for continued cultural-uses oriented
            toward existing visual and performing arts. Expansion of recreational uses,
            however, are also envisioned to complement the LWRA, including the- development of
            passive recreation opportunities along the waterfront (natural and scenic trails),
            promotion of fishing uses along the shore, preservation of historic sites,


                                                   IV-5









            improvement of scenic access along the Robert Moses Parkway, and expansion of
            parking facilities to support uses.

            The transportation corridors to the east of Artpark are expected to continue to be
            used for transportation purposes. Should transportation uses be abandoned, 1 afids
            will be preserved as open space or dedicated to public uses. Development in this area
            may not breach, alter or damage the Niagara Escarpment.


            B. WATERFRONT PRESERVATION AND REVITALIZATION STRATEGY

            There are a variety of activities necessary to achieve the policies and purposes of'
            the Village's LWRP. Some of these are projects described in more detail in Section
            IV, Proposed Public and Private Projects; others are types of implementation
            activities, described in more detail in Section V, Local Implementation Techniques.
            The following summarizes all of these activities -as an overall strategy for
            preservation and revitalization of the Village's waterfront resources.

            LWRA - WIDE ACTIVITIES

            1.     Undertake comprehensive study of LWRA drainage (source, outfall, overland
                   flow and impact on the waterfront and the river) and detailed development
                   program for improving drainage.

            2.     Improve the visibility, public awareness, and use of the Village waterfront.

                   a)     Improve entry signage at Center and Fourth Streets and landscaping
                          along Center Street between Fourth and Water Streets (See Project 1).

                   b)     Identify historic sites/ structures (plaque, marker) in the LWRA and
                          create a walking tour/trail in the Village. (See Project 2).

                   c)     Sponsor a seasonal fishing derby.

                   d)     Promote and advertise   waterfront facilities in local and State recreation
                          and tourism literature and improve coordination and promotion of events -
                          with Artpark.

            WATERFRONT REVITALIZATION TARGET AREA

            3.     Complete Lewiston Landing Waterfront Park (See Project 3).

            4.     Improve shoreline access and boating facilities between Center and Cayuga
                   Streets. (See Project 4).

            5.     Expand and improve commercial facilities (retail, lodging, etc. ) to complement
                   water-dependent uses in the south section of the Target Area.-- (See Project
                   5).

            6.     Undertake river study - detailed analysis of river bottom, current, flow and
                   generally foreshore conditions to determine acceptable extent of in-water
                   structures (marinas, etc.) and navigation to docks.

                                                     IV-6





                                               LEWISTON                FIGURE                 PROPAOMED LAND. AND- WATE
                     V I L L A G E     OF




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                                                                        TOWN'               0               L E W 31 0 H










             SECTION I - NORTH OF TARGET AREA

                    'Undertake study of fish breeding grounds     off-shore to better define the
                    characteristics, the extent of the habitat and to determine the potential for
                    improvement and expansion.

             S.     Maintain existing land use pattern and densities and preserve sensitive
                    natural features (slopes and bluffs) through land use and development
                    regulation.

             SECTION 2 - EAST OF TARGET AREA

             9.     Improve pedestrian pathway along the Onondaga Street right-of -way betw6en
                    Second and First Streets to provide open space link and better pedestrian
                    .access to Lewiston Landing Park and upgrade playground and parking facili-
                    ties at the Village Park (Third/ Onondaga) for visitors to area. (See Project
                    6).

             10.    Encourage rehabilitation of waterfront residences, particularly in the First
                    Street area.


             SECTION 4 - ARTPARK AREA

             11.    Improve opportunities for year-round use of Artpark grounds for recreation
                    purposes    (hiking,    cross-county skiing,       scenic access,      touring
                    historic/ geological sites, fishing) and improve parking facilities for summer
                    events.

             12.    Develop scenic overlooks along the Robert Moses Parkway (both sides) above
                    Artpark.. (See Project 7).

             C.     PROPOSED PUBLIC AND PRIVATE PROJECTS

             Project locations are shown on Figure 14.


             -PROJECT 1 - CENTER STREET LANDSCAPING AND ENTRY SIGNAGE IMPROVEMENT
             PROJECT

             While the main vehicular and pedestrian entry point to the LWRA at the intersection
             of Center and Fourth Streets is currently marked, the entry needs to be better
             highlighted and made more attractive. This project intends to clearly make this
             intersection the "front door" to the waterfront area by improving the landscaping
             around the markers and providing better lighting. (Est1mated cost $3,500; one month
             to implement).

             In this manner, the out-of-tow-n motorist can be made aware of activities beyond this
             point. It will also serve as a reminder to Village residents and beautify'the
             intersection.

             As the major vehicular and pedestrian link between the Village Center.and the
             Lewiston Landing Waterfront Park, Center Street between -Fourth and Water Streets

                                                    IV-9








              should be an attractive magnet of green space and streetscape to encourage the
              visitation and use of waterfront development. The 1, 000+ feet from Fourth down to
              Water Street should be tree-lined and landscaped at intersections to create an
              attractive setting for the scenic vista of the Niagara River available from atop the hill
              at Third Street. This would require about fifty trees and shrubs and a four4oot
              stabilized pedestrian path at a cost of approximately $15, 000. Appropriate hearty
              species in the urban setting of Western New York include Norway and Red Maple'.
              Radiant Crab Apple, Linden, Ginko, Honeylocust, Barberry and Juniper.

              PROJECT 2 - CREATION OF HISTORICAL, CULTURAL, SCENIC WALKING TOURS

              The abundant resources of the Village of Lewiston offer excellent opportunities for
              the attraction of area tourists through identification and consolidation of historic,
              scenic and cultural sites in the LWRA.


              Such sites include:

                   The Barton House (Center and Third);
                   The Fairbanks House (Center and Third);
                   The Riverside Inn/Anglers Retreat (Water Street);
                   Lewiston Landing Docks (foot of Center Street);
                   Indian Burial Mound (Artpark);
                   Lewiston Landing Gully (Artpark);
                   Joncaire Cabin Site (Artpark);
                   Scovell Knoll (Artpark).

              These sites should be appropriately marked with a marker or plaque to identify their
                                                                                                    tc
              date and significance. Coordinated with other Village sites by the Lewis on
              Historical Society, they would form the basis for a walking tour of the area's Iiistory
              promoting awareness and exposure to LWRA resources. Similar tours could also be
              assembled by the Chamber of Commerce in concert with Artpark, based on geologic
              and natural formations in the area and the dramatic scenic vistas available from
              numerous vantage points in the LWRA. Rroduction of -appropriate literature should
              be developed for distribution at State and local tourism offices, retail facilities, and
              Artpark.

              PROJECT 3 - COMPLETION OF LEWISTON LANDING WATERFRONT PARK

              The completion of the Lewiston Landing Waterfront Park is the most crucial project
              in the development of the Lewiston waterfront and represents the provision of new
              water-dependent and water-related facilities to encourage recreation 'and tour-ism
              activities. The project focuses on the narrow portion of the shoreline that offers
              water access and traditional uses consistent with the objectives of the LWRP.
              Primary objectives of the project include improved access to the Lower Niagara
              River, improved facilities for boating and -fishing, vehicular and pedestrian
              circulation, active and passive recreation opportunities and support services
              (parking, renovation of the existing coal silo for restrooms and bait/-tackle,. dockside
              services, etc.) in a scenic, attractive setting.






                                                       IV-10









             The 1983   Fisheries Development Plan for Niagara County outlined the dramatic
             growth and impact of sport fishing in the area (Niagara County Department of
             Economic Development and Planning, 1984). It indicated a rise in fishing demand of
             nearly four-fold ($2. 6 million revenues to over $10 million, annually) by 1985 and the
             need for improvement in County. boating/ fishing facilities in response. The'. Plan
             identified the intended improvements. in Lewiston Landing boat launching facilities
             and the viable bank fishing opportunities there. Clearly, the potential exists for
             increased fishing in the area and appropriate facilities to accommodate anticipated
             demand.

             The construction or renovation of waterside facilities for the park has been
             completed.     These include a double-wide boat launch, docks, fishing pier,
             waterfront bulkhead and walkway. The next phase of the park's development will
             provide support facilities and active recreation uses in upland areas and utilize the
             topography of the site to create a scenic environment that complements waterfront
             uses.


             Major changes in the existing deveIopment will be required to complete the park.
             As shown in Figure la, the site is mostly owned by the Village, but currently
             underutilized and in poor condition. Structures include an abandoned coal silo,,
             three dilapidated shacks (since removed), an abandoned sewer treatment plant
             (replaced by Town facilities), a public works garage in fair condition (to be
             demolished and relocated), a storage building, a new sewerage pump station and two
             residences in fair condition. These structures would have to be either renovated.,
             relocated or demolished to accommodate' site improvements, as many were found
             to be infeasible for use. Only the coal silo and pump station are recommended for
             renovation and use as part of the project plan.

             The following elements are included in the proposal for upland development:

                    (Supporting Graphics - Figure 12)

                    Removal of three shacks (completed) and storage building.

                    Removal of DPW Garage and Sewer Treatment Plant.

                     Acquisition and removal of two residences (to provide land for future
                           park/parking expansion).

                    Construction-of site facilities (picnic areas along the waterfront, recreation
                           equipment atop bank, lee rink/wading pool and park building).

                     Rehabilitation of the abandoned coal, silo for snack bar, bait/tackle shop,
                           restrooms, and observation deck.

                     Completion of site improvements (landscaping, paths, stairs, lighting,
                           signage, drainage and parking, for additional 'trailered and non-
                           trailered vehicles).






                                                     iv-11









             The completion of the Waterfront Park is estimated to cost approximately $825,000
             including detailed design and engineering studies necessary to advance the project.
             Depending on the availability of funding, it is estimated that the park win be
             completed over the next 4-5 years. Again, depending on funding availability, the
             upland development may be phased, beginning with the renovation of the abandoned
             coal silo.


             PROJECT 4 - IMPROVEMENT OF SHORELINE ACCESS AND BOATING FACILITIES
             BETWEEN CENTER AND CAYUGA STREETS

             The deteriorating condition of in-water docks, shore walls and upland structures
             along the waterfront immediately south of Lewiston Landing indicates the need for
             rehabilitation to improve underutilized facilities and guarantee public access. The
             lands on which these activities would take place are currently in State ownership,
             and the Village will need to obtain a lease of this area in order to proceed with the
             proposed projects.     These include reconstruction of 500 feet of shore wall,
             replacement- of catwalks, - and construction of a walkway along the shore to the
             Cayuga Street right-of -way. Appropriate landscaping and lighting would accompany
             walkway facilities. Replacement of docks would enhance mooring capabilities
             (currently at thirty slips) and promote water-dependent activities. The slips are
             currently used for charter fishing and retail b6ats. This is a complementary use to
             the Lewiston Landing and renovation of facilities may encourage expansion.

             Upland facilities need improvement, including the access road and two structures
             utilized for marina service and repair. ^Since the property is privately owned,
             improvements must be accommodated via a negotiated agreement, an easement for
             assisted improvement or acquisition with leaseback operations. It is critical that
             renovation and continuation of these uses be obtained as a viable commercial
             venture. The marina service, repair and storage services are appropriately located
             to support public facilities at Lewiston Landing and should continue at this site.
             Potential expansion of dockage, pump-out facilities and marine fuel availability
             should be included (if feasible) in the rehabilitation of this section of the waterfront.

             Improvements include shore wall, finger docks, walkway, access road improvement,
             parking for vehicles, dockside facilities, landscaping, signage and lighting. These
             will cost about $350, 000 and require two years to implement (scheduled 1986 -1988) -.
             Structural rehabilitation and exterior site improvement V@ill require another $50, 000,
             for a total project cost of $400, 000.

             PROJECT 5 - EXPANSION OF SUPPORTING COMMERCIAL FACILITIES

             The Lewiston Landing Waterfront Park (Project 3) and adjacent boat facilities along
             the waterfront (Project 4) will provide substantial water-dependent uses in the
             area, but not provide any significant income -producing activity or support services
             to accommodate patrons. Demand for retail and commercial facilities Will exist, but
             not be directly satisfied by projects described above. The upland portion of the
             Waterfront Target Area east of First Street and south of Center Street is ideally
             suited for water-enhanced development in that Water Street accesses the property
             and prospective facilities would sit atop the embankment overlooking the river, park
             and marina.




                                                      IV-12









             A potential development site west of Water Street is afforded excellent proximity to
             the waterfront to complement uses there and is not otherwise suitable for water-
             dependent activities due to topographic limitations. Appropriate uses in this site
             include a restaurant, an inn to accommodate boaters and travelers, a few shops or
             boutiques oriented around a nautical theme (fishing gear, sportswear, boat
             equipment) and tourist goods and services. Adequate land exists along Water Street
             for about 15, 000 square feet of retail/ commercial space. An additional 5, 000 square
             feet are available if structures are constructed over the embankment providing
             access to both Water Street and the marina level below (15-20 feet). Thesefacilities
             would cost approximately $750,000 to $1,000,000 and would complement area uses,
             as well as the Riverside Inn, already located on Water Street. Construction would
             take only one year, but the development should be scheduled following parky marina
             project implementation to insure a viable market for retail facilities. The project
             would be privately financed and developed.

             The east side of Water Street (Center to Cayuga Streets) is *in appropriate proximity
             to the waterfront to provide additional support services. The block already contains
             a tavern, a motel and a large gravel private parking lot. Paving of the parking lot
             for waterfront visitors and associated water-enhanced commercial development is
             proposed for the area. The existing lot could accommodate 100 vehicles at, a cost of
             $250,000 (public estimate), or 50 vehicles and 10,000 square feet of retail/ service
             development at $575, 000, depending on tourist and recreational demand. The
             improved parking lot and commercial development, if any, would be privately
             financed and developed.

             PROJECT 6 - IMPROVEMENT OF "ONONDAGA TRAIL"' AND VILLAGE PLAYGROUND

             Improvement of the existing ped  estrian pathway along the Onondaga Street right-of -
             way between First and Second Streets and facilities at the Village playground at
             Onondaga and Second Streets is proposed to further improve access to the
             Waterfront Target Area and strengthen the connections between the Waterfront Area
             and the center of the Village. Improvements would include updated play equipment
             for children, paths, benches, parking,- landscaping, lighting, approximately 400
             feet o'f stairs and walkway down the slope (through trees), and direction signage
             both on - and off -site. Site development and parking for approximately 30 vehicles
             will cost about $33,000..

             The project would be- developed by the Village over a two-year period and will
             require Federal assistance to complete.

             PROJECT 7 - ROBERT MOSES PARKWAY SCENIC OVERLOOKS

             One of the most dramatic vistas of the Niagara River occurs in Lewiston along the
             Robert Moses Parkway above Artpark. This portion of the Parkway commands a view
             of the American and Canadian landscape and a substantial part of the Lower Niagara
             River. Many motorists often pull off along the shoulder of the road to observe the
             view and enjoy the scenic vista from this vantage point. As a result, it is proposed
             that a scenic turnout off both sides of the parkway be developed by the New York
             State Department of Transportation for implementation. This project would not only
             capitalize on a major regional vista, but also provide visibility and exposure to
             Artpark. and the Lewiston Waterfront to attract tourism and promote LWRP- efforts.
             Cost of this project has not been estimated.

                                                      IV-13











                                                                             FIGURE 12








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 StOR  AGE GUILDING
 RvMF STATION                                                                                                                                   C=3
                                                                                                             :k                                                   .....
                                                                             ONONDAGA
  CONCRETE SILO                                                                                                                                               ..........



    DOCK
                                                                                                                .......                                          ..
                                                                                                                            ...... . .
                                                                                                                    P L A Y F I E L 0
                                                                                                                             . . .. . . . . . ....
                                         X

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                                                      .... .......
                                                     ..... ........
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                                                                  X..
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                                                     ....... ...
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                                                                                 SEW,

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                                             X.                                l(REPLACED By
                               . ...........
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                                    ......                                       (To Be EVENTUALLY MOV
                                                                                 TO ANOTHER SITE)



                                      ............

                              X.
   SMACKS                        LEWISTON           LANDING


                                                                           h


                                                                                                                                 land                 use
                                                                                         existing
                                                                                          Lewisto    In Landing Waterfront                Park     Site
                                                                                                       and Adjacent Lands
                                                                                                                 NOTCq SmADCO AREAS ARC           VILLA49-OWNCO









                                                                                                       WENDEL ENGINEERS, P.C.
                                                                                                        LOCKPORT/BUFFALO, NEW YORK












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                                     SECTION V

                       TECHNIQUES FOR LOCAL MLEMENTATION










            A. LOCAL LAWS AND REGULATIONS NECESSARY TO IMPLEMENT THE LWRP

            1.     E3dsting Local Laws/Regulations

                   Freedom of Information Regulation (Chapter 2, Article IV of theVillage Codes;
                   9-1-74).

                   Guarantees access to public documents and designates the Clerk-Treasurer
                   as the Village records officer. As such, this regulation will provide for public
                   availability of LWRP documents and issue access to information on the
                   generation of the program.

                   Fire Prevention and Protection Ordinance (Chapter 98; 1972).

                   Establishes fire regulations      and procedures       within    the Village.
                   Specifically, a section of the code limits the storage, manufacture and
                   transportation of explosives, flammable liquids, liquified petroleum gases,
                   chemicals and other hazardous agents in accordance with the 1970 American
                   Insurance Association Fire Prevention Code. As many such agents are
                   transported through Lewiston, designated routes are established to protect
                   Village residents (Creek Road Extensioii and Route 104 South).

                   The Ordinance prohibits the storage and transport of hazardous materials
                   within the LWRA. It also furthers the policies of the LWRP by protecting
                   coastal resources through restriction /limitation of hazardous substances.

                   Solid Waste Management Ordinance (Chapter 9, Article 11; 1974).

                   Provides for the control and disposal of solid waste and the promotion of
                   resource recovery. The Ordinance encourages energy recovery and furthers
                   LWRP policies on solid waste management and water quality through restriction
                   of waste collection and disposal.

                   Parks and Recreation Ordinance (Chapter 13; 1980)-

                   The Ordinance provides for the use and operation - of Village parks and
                   establishes recreation regulations.     It also creates the Village Parks,
                   Recreation and Conservation Board, which has the power to plan-, establish
                   policy, maintain an open-space index, develop capital improvements and
                   advise the Village Board on environmental matters affecting. park, recreation
                   and conservation. The Board works in cooperation with the Planning Board
                   in reviewing development applications.

                   As part of the review process for use and development in accordance with
                   zoning, the Board will help implement the LWRP in environmental reviews of
                   actions within the LWRA. The Board will also advise on development and
                   management of the Lewiston Landing Park, which is the focal point -of
                   waterfront re'vitalization.






                                                     V-3








                    Planning Regulations (Chapter 15; 1966, 1975).

                    Provides for creation of the Planning Commission and establishment of local
                    environmental quality review and historic preservation review. The Planning
                    Commission has specific responsibilities for review of actions by referral of the
                    Village Board and approval of development plans within the Village. Article IV
                    provides for environmental qu   ality review of all public and private actions
                    (including municipal actions, decisions) in accordance with the State
                    Environmental Quality Review Act and is administered by the Village Board of
                    Trustees.

                    Chapter 15 provides review procedures and authority for consideration of
                    actions within the LWRA. As proposed for modification, the Chapter will
                    provide the legal authority for consistency with the LWRP and ensure that
                    local actions are bound by LWRP policies and provisions.

                    Sewers and Sewage Disposal Regulation (Chapter 20, Article H; 1979).

                    Provides for restrictions of sewer discharge into a water course, industrial
                    waste permits, discharge limitations and treatment standards consistent with
                    NYSDEC regulations. Thesdi regulations will enhance water quality policies
                    of the LWRP in protecting coastal waters and aid in implementing local actions
                    consistent with State regulations.

                    Subdivision Regulations and Zoning Ordinance (Appendix A and B of the
                    Village Codes; 1973).

                    'These local regulations provide for the regulation of land use, development
                    and land improvements within the Village. The Subdivision Regulations
                    contain street, utility and land improvement standards consistent with
                    public development requirements. It also contains design criteria for the
                    layout of streets, lots, blocks, etc. in accordance with natural features and
                    the accommodation of land for public purposes. The Zoning Ordinance
                    provides for use and development control of parcels, bulk regulations, overall
                    design, yard and lot coverage requirements. Regulations include special
                    provisions for flood hazard areas and parcels along the Niagara River and
                    other natural features. Both include detailed review procedures. Preliminary
                    approval of development plans is given by the Planning Commission and final
                    approval by the Village Board of Trustees.

                    These regulations establish the procedures and authority for development
                    approval in the LWRA. The standards contained therein provide applicable
                    elements for the advancement of LWRP policies (development, natural
                    resources, waterfront protection from flood / erosion, water quality, wetlands)
                    and the review of coastal actions.

             2.     Additional Local IAws and Regulations Adopted to Implement the LWRP

                    Pbuudug Regulations. (Proposed Amendments; Article H and IV).

                    Article II amendments expand the powers and duties of the Planning Commis-
                    sion to include review and evaluation of coastal actions for consistency with

                                                     V-4









                   the LWRP policies and purposes. The Commission has, by law, advisory
                   responsibilities to the Village Board of Trustees. This article establishes the
                   executive authority for review of actions in the LWRA. The Planning
                   Commission provides its advice and recommendations to the Village Board.for
                   consideration in determining the consistency of the proposed action with the
                   LWRP.

                   Article IV amendments provide for the coordinated review of all actions within
                   the LWRA as part of the local environmental quality review process. It
                   incorporates a coastal assessment of actions subject to SEQRA review and
                   establishes criteria for evaluation of LWRP consistency. The amendments
                   ensure, that Type I and Unlisted actions undertaken in the LWRA will be
                   consistent with the LWRP.

                   The text of these amendments are set forth in Appendix. A.

                   Zoning Ordinance (Adopted Amendments; Appendix B).

                   In order to reflect provisions of the LWRP, the following elements of the
                   Ordinance were amended:

                   1)    Purposes;

                   2)    Creation of a new Waterfront Development District for water-related
                         uses;
                   3)    Amendment to the General Provisions to protect scenic vistas and

                   4)    Amendment to the O-P District (Open and Public District) to provide for
                         conservation and protection of.the ViRage Shoreline.

                   The modifications provide for additional use restrictions in the LWRA and
                   accommodate critical development opportunities on the Waterfront.           The
                   amendments enforce LWRP policies through development review and zoning
                   compliance.

                   The text of these amendments   are set forth in Appendix B.

            B.     OTHER PUBLIC AND PRIVATE ACTIONS NECESSARY TO MLEMENT THE
                   LWRP

            In addition to adopting and enforcing the above legislation, the Village government
            will need to undertake several actions to implement the LWRP. Other actions
            necessary to implement the LWRP need to be undertaken primarily by private groups
            or other pubUc agencies. Many actions require the cooperation of different levels
            of government, community groups, or the business community. The Village, how-
            ever, usually must take the lead in initiating actions which will implement the LWRP.

            1 .    Local Government Actions

                   Completion of Lewiston Landing Waterfront Park (See Section IV, Project 3) -
                   Completion of the park is the most crucial part of the LWRA redevelopment,

                                                    V-5









                   necessary to create a waterfront attraction and provide the impetus for
                   adjacent private improvements. The Village will be primarily responsible for
                   furthering the project, including securing sufficient funding from State and
                   Federal sources. The first step is preparation of an updated and detailed
                   master plan for the upland park development. Other actions which may
                   proceed simultaneously includ   'e: . (1) completion of feasibility and design
                   studies for the re-use of the abandoned coal silo, (2) demolition of sewage
                   -treatment plant (contingent upon alternative provisions for overflows), (3)
                   identification of relocation sitelbuilding for the DPW garage, and (4)
                   negotiation for acquisition of the two res,idences at First and Onondaga
                   Streets.

                   Center Street entrV sign and landscaping (See Section IV, Project 1)-the
                   Village intends to complete this work with Village funds within a year of the
                   LWRP approval.

                   Improvement of Shoreline Access and Boating Facilities South of Lewiston
                   Landing (See Section IV - Project 4) - Action on this       project will follow
                   initiation of the Lewiston Landing Waterfront Park development. A detailed
                   strategy is needed for accomplishing both public and private improvements.

                   Improvement of "Onondaga Trial" (See Section IV - Project 6) - Action on this
                   project also will follow the development of the Lewiston Landing Waterfront
                   Park. The Village will need to identify and apply for State and/or Federal
                   funding as the first step in undertaking this project.

                   Development of Robert Moses Parkway Scenic Overlooks (See Section IV,
                   Project -7) - The Village will enlist the assistance of the NYS Department of
                   State in pursuing discussions with the NYS Department of Transportation on
                   the implementation of this project. The project, however, is of less immediate
                   importance to the overall implementation of the LWRP than those listed above.

                   Comprehensive Drainage Stud - A. detailed study of the existing drainage
                   system is needed to address problems of stormwater and overland runoff which
                   affect shoreline erosion and Niagara River water quality. As part of this
                   study, detailed planimetric and topographic maps will need to be'prepared..
                   (These maps will then be available for use in future planning and project
                   reviews). The study will be undertaken by the Village as funds are available
                   and will include development of a specific program for improving the drainage
                   system.

                   Niagara River Study     Lewiston Landing and its transition waters provide
                   excellent shelter for boat launching and mooring, due to the coastal protection
                   it offers from river currents and channel flow in the river. Water near the
                   shore in this area actually ebbs and, at times, reverses flow, creating a safe
                   harbor. The high surrounding walls of the gorge also protect the area from
                   wind and frequently is sought by lake boaters when there are wind-driven
                   waves and storms. The extent of this "calm water" phenomenon is unknown,
                   but may provide a unique opportunity for expansion of.boating facilities.

                   In order to properly asses the potential for marina docks and moorings, a joint
                   study of river conditions is proposed, with the U. S. Army Corps of Engineers

                                                   V-6








                   -and the New York State Department of Environmental Conservation. The-
                   study would address river depths and water levels, bottom conditions,
                   current, navigation and overall limitations to marina development - The result
                   will provide definitive information on the extent of this phenonmenon, types
                   and sizes of dock facilities applicable, and the feasibility of expansion of
                   marina development in the Target Area.

                   Establishment of Waterfront Coordinating Committee_- Many of the actions
                   necessary to implement the LWRP either can be best undertaken by private
                   groups or other public agencies or involve coordinating the efforts of a
                   combination of groups or agencies. To further the implementation of these
                   actions, the Village Board intends to establish a coordinating committee or
                   task force made up of representatives of the various groups which can assist
                   in implementing the Village's LWRP, including the Lewiston Historical Society,
                   the Lewiston Businessman's and. Professional Association, the Chamber of
                   Commerce and the Angler's Association. Aitpark management win also be
                   invited to participate and other interested public agencies, such as the
                   Niagara County Cooperative Extension, may also be involved. The purpose
                   of this committee will be specifically to pursue the implementation of those
                   actions described below by mobilizing and coordinating the resources of the
                   community.     (The committee will not be involved in the project review
                   processes established -by the LWRP. ) The establishment of this committee will
                   supplement the limited staff resources of the Village and help ensure that
                   those actions necessary to implement. the LWRP will be carried out.

            2.     Private Actions

                   StudV of Fish Breeding Grounds - The fishing opportunities in the Lewiston
                   area are one of the primary attractions of waterfront activities. Anglers are
                   attracted year-round due to fishing and boating opportunities off Lewiston
                   Landing and in the area. While the local habitat generally stretches- from
                   Onondaga Street north to the Village line off the shoreline, its condition,
                   depth, character and density need better evaluation. It is proposed that a
                   study be undertaken to determine more specifically the existing extent and
                   characteristics of the fish habitat, evaluate the feasibility of improving fish
                   breeding opportunities, and define any additional preservation measures
                   needed. The study is currently to involve the Angler's Association, but may
                   also involve the Cooperative Extension Association of Niagara County and the
                   New York State Department of Environmental Conservation who conducts fish
                   stocking programs in the Lower Niagara River and Lake Ontario. It is
                   expected that the study would take about six months to complete and should
                   be scheduled early in the implementation process to determine relevant costs
                   and options for waterfront improvement.

                   Seasonal Fishing Derby - The fishing resources in Lewiston are excellent.,
                   providing for sheltered year-round access to Lower Niagara River game fish
                   and shoreline panfish. Trout, perch, smelt and salmon are frequently caught
                   in the area. Lewiston's unique boat launching and fishing facilities should be
                   promoted to encourage awareness and use of the waterfront. The Village
                   should investigate the joint sponsorship of an annual Lower" Niagara River
                   fishing derby with the Niagara County Cooperative Extension and area
                   merchants to promote fishing opportunities.

                                                    V-7











                   Rehabilitation of Waterfront Residences - A number of residences in the
                   LWRA, particularly along the shoreline were identified as needing minor
                   improvements to enhance the attractiveness /aesthetics of the waterfront.
                   Private initiative in rehabilitation through awareness of the LWRP and land use
                   stabilization is required to achieve this action. This effort will enhance the
                   visual quality of the LWRA and,help implement those policies. .

                   LWRA Promotion - The lack of awareness and visibility of Lewiston's coastal
                   resources (Artpark, Lewiston Landing, The Seaway Trail, etc.) prompted the
                   need for a definitive promotional program to capitalize on LWRP improvements
                   and efforts. The involvement of the Lewiston Historical Society, Lewiston
                   Businessman's and Professional Association and others in concert with
                   Artpark, New York State, etc. would provide greatly needed identity,
                   complementary efforts and expanded attractiveness to the entire LWRA.
                   Privately financed promotional literature and coordinated advertising with
                   State and local organizations would increase awareness of the Lewiston
                   Waterfront and generate usage of coastal facilities.

             C .   MANAGEMENT STRUCTURE NECESSARY TO IMPLEMENT THE LWRP

             LWRP management capitalizes on existing responsibilities and legal authorities, where
             possible, to avoid'municipal complexity and consolidate review activities. Generally,
             the local laws dealing with zoning and environmental review/ SEQRA are utilized as
             they represent both traditional procedures accepted by the community and,
             simultaneously, State and Federal coordination of actions within the Village. These
             procedures have been enhanced through local ordinances (see appendix of proposed
             local law) to accommodate LWRP implementation and insure compliance with local LWRP
             policies and program.

             1       Lead Agency/Designated LWRP Officer

                   The Lead Agency responsible for overall management of the LWRP and
                   coordination of review procedures is the Village Board of Trustees. The
                   Board is responsible for local environmental quality review determinations
                   and zoning decisions and, as such, is the appropriate agency for coastal
                   assessment and LWRP implementation. The Board is assisted in this task by
                   the Mayor, Planning Commi sion, Zoning Officer, Building Inspector and such
                   other departments as may be required to adequately carry out the LWRP.

                   The designated LWRP official is the Village Mayor who coordinates Board
                   functions and responsibilities and is @ the key organizational position within the
                   Village government. Actions. in the LWRA will be submitted to the Village
                   Clerk for scheduling of Board consideration and coordination of review
                   procedures, as appropriate.

             2.    Summary of Speeffic R sponsibilitles for Implementation of the LWRP

                   Mayor and Village Board of Trustees (5 elected members; 4-year terms). As
                   the executive and legislative head of the Village, the -Mayor and Board of
                   Trustees are responsible for municipal decision-making, fiscal programming
                   and administrative implementation.         The Board carries the legislative
                   authority of zoning and local actions, while the Mayor has the authority for
                   execiation. of Village policy and directive through the staff.


                                                     V-8








                  For the LWRP,, the Board is responsible for consistency determinations and the
                  Mayor is responsible for the review process of LWRP consistency through staff
                  evaluation and enforcement of* LWRP policy through Village regulations. The
                  Board obtains advice from such appointed Boards as is deemed appropriate in
                  the evaluation of proposed LWRP actions and consults the Planning Commission
                  on all actions requiring a determination of consistency with the LWRP.

                  Planning Commission (5 members appointed by the Mayor; 2-year terms). The
                  Planning Commission is an advisory body to the Board of Trustees and has
                  preliminary approval authority for site plans and subdivisions.              The
                  Commission may also, upon request by Board resolution, advise the Board on
                  waterfront improvements, public structures and public actions in the Village.

                  The Commission is responsible for evaluating actions within the LWRA and
                  advising the Board as to their consistency with the LWRP. All actions that
                  must be accompanied by a Waterfront Assessment Form (Type I, Unlisted
                  Actions) are referred to the Commission and evaluated for completeness and
                  consistency with the LWRP and reported back to the Board with the
                  Commission's recommendations.

                  Historic Preservation Commission (7.members appointed by the Village Board;
                  5-year terms). The Commission is responsible for review of historic resources
                  within the LWRA and provides the Planning Commission with an evaluation of
                  actions within the LWRA that affect historic structures or sites.

                  Mayor (Elected) - The Mayor and/or the Mayor's designee are responsible for
                  receipt of the Waterfront Assessment Form (WAF) and the coordination and
                  scheduling of reviews for the evaluation of LWRP consistency. As the
                  designated LWRP official, the Mayor makes WAF's available, determines which
                  projects will require a WAF, schedules administrative reviews with the various
                  boards/ commissions, and handles the notification of the NYSDOS/other
                  affected agencies if any questions on the WAF are answered "yes". The Mayor
                  also issues a Certificate of Consistency with the LWRP as authorized by the
                  Village Board of Trustees.

                  Zoning Officer/ Building Inspector (appointed) - The Zoning Officer is
                  responsible for the certification of use in accordance with the Zoning
                  Ordinance. No zoning permit shall be issued in the LWRA for an action subject
                  to a determination of consistency that does not have a Certificate of
                  Consistency with the LWRP. The Zoning Officer is charged with enforcement
                  of LWRP uses in accordance with the Zoning Ordinance and the consistency
                  determination process.

                  The Building Inspector receives applications for building permits, permits in
                  flood hazard areas and Certificates of Occupancy. Applications for permits
                  in the LWRA are referred to the Mayor or the Mayor's designee to determine
                  the need for a consistency review.' No permit or certificate shall be issued
                  until an evaluation of the action has been made, if necessary, in accordance
                  with consistency determination procedures. The Buil     *ding Inspector will also
                  enforce the LWRP by monitoring compliance with approved provisions and



                                                   V-9









                   restrain from issuance of a Certificate of Occupancy on development not in
                   compliance with the LWRP and/or conditions established by the Village Board
                   of Trustees pursuant to a consistency determination.

            3.     Procedures for Management of the LWRP

                   The procedures to be established for consideration of local actions and those
                   for review of Federal and State actions are similar in the Village of Lewiston.
                   The process utilizes local environmental quality established pursuant to
                   Article 8 of the New York State Environmental Conservation Law - commonly
                   titled the State Environmental Quality Review Act (SEQRA) and Part 617 of
                   6NYCRR.       The regula-tory requirements of SEQRA and the procedural
                   requirements embodied in Chapter 15, Article IV of the Village Code (as
                   proposed for amendment) provide for the review and assessment of actions in
                   .the Lewiston LWRA and the determination of consistency with LWRP policies.
                   All departments and boards of the Village are bound by these regulations.
                   The assessment of private uses also relies on the Zoning Ordinance, which
                   includes considerations of the LWRP in evaluating applications in the LWRA.

                   Every project or action subject to the local environmental quality review will
                   be accompanied by a Waterfront Assessment Form (WAF) submitted to the
                   Mayor or the Mayor's designee. Those actions that are identified as Type 11
                   under SEQRA definitions are excluded from consistency. Actions in the LWRA
                   that are identified as Type I or Unlisted under SEQRA are submitted by the
                   Mayor/Mayor's designee for consideration by the Board of Trustees. The
                   Mayor/Mayor's designee shall also refer each WAF to,the Planning Commission
                   for evaluation of consistency with LWRP policies.

                   The Planning Commission will make a recommendation to the Village Board of
                   Trustees and may obtain such information and reports from departments, local
                   boards / - commissions, state agencies and / or the applicant as is necessary to
                   adequately consider the action. The Commission will make a report of their
                   findings and recommendations to the Village Board. The' Village Board of
                   Trustees will make a determination based on the submitted WAF and Planning
                   Commission evaluations and issue a Certificate of Consistency on those actions
                   that comply with the LWRP. No approval to fund, proceed or grant a permit
                   for an action will be issued without a Certificate of Consistency.

                   Compliance of implementation will be monitored by appropriate Village
                   departments (Building Inspector, Director of Public Works, etc.). Any.
                   problems will be reported to the Mayor for consideration by the Board of
                   Trustees and the assignment of punitive action, if necessary.

            4.     Review of Proposed State and Federal Actions

                   Proposed State and Federal actions to be located within the LWRA Will be
                   reviewed in accordance with guidelines established by the-New York State
                   Department of State, and set forth in Appendix C.






                                                    V-10










            D.     FINANCIAL RESOURCES NECESSARY TO IMPLEMENT THE LWRP

            The financial resources of the Village of Lewiston are limited and the Village must
            depend on outside assistance and private initiative for successful waterfront
            revitalization. The Village has concentrated on manageable projects and actions that
            will generate complementary private development and promote interest in the
            waterfront. Village participation in the Lewiston Landing Waterfront Park, shoreline
            access and local actions that will precipitate use and improvement of the coastal area
            is the focus of the Lewiston resources - However, the completion of these and other
            projects cannot be accomplished without financial incentives and assistance from both
            the public and private sector to compensate for the physical and economic difficulties
            of the area. This section summarizes the identified funding sources anticipated to
            aid in the LWRP implementation. ( See also Table 5.)

            Projects costs for LWRP activities are estimated at $2.8 million (TABLE 5), excluding
            land acquisition and design/ engineeringi contingency costs (3016). Approximately
            $1. 5 million in private resources and $1. 3 million in public resources will be required
            to complete the development program. The Village of Lewiston also anticipates
            participation by the Power Authority of the State of New York in waterfront actions.

            This would be part of a final settlement for lands and construction of the power plant
            adjacent to Artpark (south).        Although not finalized, discussions center on
            relocation of DPW facilities to accommodate the waterfront park and assistance with
            park development.

            It is also anticipated thatpedestrian linkages and tourism promotion in the LWRA
            would include assistance from Artpark (New York State Office of Parks and
            Recreation). Such actions would be of mutual interest and would require nominal
            participation. In addition, it is expected that the Niagara River Study would be
            implemented'by the U. S. Army Corps of Engineers and the NYSDEC. These agencies
            have specific responsibilities for the use and navigability of Niagara River waters
            and such a study would cooperatively add to their body of knowledge.

            Private actions in the LWRA include promotional efforts (coordinated with Artpark),
            promotion of Bed and Breakfast establishments, rehabilitation of waterfront
            residences ($14,000 total) and the Fish Habitat Study. The study anticipates
            NYSDEC and Niagara County Cooperative Extension participation for fish stocking,
            management and improvement.

            MANAGEMENT OF THE LWRP

            The Village of Lewiston will assume prime resp  onsibilities for planning, coordination,
            review and enforcement of the LWRP. Since these management functions rely on
            existing networks and municipal structures for implementation, no additional
            resources are required.

            However, the preparation, design and engineering of public actions is not included
            in current costs and may easily exceed Village capabilities. Lewiston will need to
            seek additional assistance for up to $200, 000 to adequately finallize the scope of costs
            of these activities.




                                                     V-11


























                                                                   TAiRT, 5


                                                       PROJECT Scmamm AM REMCES

                                                              VUMGE OF LEWISTM



                  IRIP PROJECTS:                                                                             FMIDM RESOURCES
                                                                  S SCHOME        @T           MST
                  Lowlstm Landf Entrance Al                                 1986                  3,5W                I

                  Center Street Landoc%ping                                 1986                 15,WO
                  LURA Milking Tows                                   1985-1986                                       6
                  Waterfrmt Park                                      1987 - 89                825,OW                 2
                  Marina Rebabilitatia Services                      1987  -  89              400,000                2
                  CCEBarcw        .1ft-widem                          1988 - 91               1,000,ow                4
                  Commercial 9zmfid=/ParkLng                          1989  -  91              575,000                5
                      (Water Strest)
                  Pla"round -Omdop Trail- Link                        1987 - 88                  33,000              2/3
                  Robert       Parkway Scenic Overlook                1988 - 90                  --               NYSDOT



                  SMTOTAL                                                                  $ 2,851,500
                  30% Design and Cb&-togencies                                             $   855,450



                  1.)  Village of Lemistan
                  2.)  Fedwjl ftanom-g Nfftcb
                  3.)  State Grout./Village, Batch
                  .4@) Private Resources
                  5.)  PrivaWVillap
                  6.)  Private/PdUc Rommoso
















                                                                     V-12





                                           FIGURE 15

                                   Management 5tructure for
                                 Review of Actions in the LWRA
                                      Village of Lewiston







                                          VILLAGE


                                     BOARD OF TRUSTEES








      BUILDING                          LWRP OFFICIAL                       ZONING
       INSPECTOR                   MAYOR CR MAYOR'S DESIGNEE            BOARD OF APPEALS




                                                         COORDINATION





                                           PLA NNING
                                          COMMISSION



                                                         LWRP CONSISTENCY REVIEW.





    PARK, RECREATIONI               HISTORIC PRESERVATION            VILLAGE DEPARTMENTS
    CONSERVATION BOARD                   COMMISSION                    OTHER AGENCIES










































                                   SECTION VI


           STATE AND FEDERAL PROGRAMS LIKELY TO AFFECT IMPLEMENTATION








            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
            1?consistent to the maximum extent practicable" with the enforceable policies and
            purposes of the LWRP. This consistency requirement makes the LWRP a unique,
            intergovernmental mechanism for setting policy and making decisions and helps to
            prevent detrimental actions from occurrin  .g 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 Ust 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 (Executive Law, Article 42) i 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 ofState and
            Federal agency actions which are necessary to further implementation of the LWRP.
            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. LIST OF STATE AND FEDERAL ACTIONS AND PROGRAMS WHICH SHOULD
                  BE UNDERTAKEN IN A MANNER CONSISTENT WITH 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 programs.

           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 andlor 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 Wholesaleris Licenses
                  1.08  Club Beer, Liquor, and Wine Ucenses
                  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 License
                  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



                                                  VI-4










             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)

             COUNCM ON THE ARTS

             1'.00 FaciUties, construction, rehabilitation, expansion, or demolition or the funding
                    of such activities.

             2. 00. Architecture and environment 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 of Location)
                    1.05  Authorization Certificate   (Credit Union Charter)
                    1.06  Authorization Certificate   (Credit Union Station)
                    1.07  Authorization Certificate (Foreign Banking Corporation Change of
                          Location)
                    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  A-Uthorization Certificate (Licensed Lender Change of Location
                    1.13  Authorization C6rtificate   (Mutual Trust Company Charter)
                    1.14  Authorization Certificate (Private Bank 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)

                                                      VI-5









                   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 Lender
                   1.32   License for a Foreign Banking.Corporation Branch

             BUFFALO AND FORT ERIE PUBLIC BRIDGE AUTHORITY (regional agency)

             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 COMMCE

             1. 00 Preparation of revision of statewide or specific plans to address State economic
                   development needs.

             2.00 Allocation of the state tax-free bonding reserve.

             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   Certificate 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 Wholesaler of Drugs andior Devices
                   2.07   Registered Wholesaler-Repacker of Drugs and/or Devices
                   2.08   Storekeeper's Certificate





                                                    VI-6










            ENERGY PLANNING BOARD AND ENERGY OFFICE

            1. 00 Preparation and revision of the State Energy Master Plan.

            NEW YORK STATE ENMGY RESEARCH AND DEV OPMENT AUTHORITY

            1. 00 Issuance of revenue bonds to finance pollution abatement modifications in
                   power- generation facilities and various energy projects.

            DEPARTMENT OF ENVIRONMENTAL CONSERVATION

            1.00   Acquisition, disposition, lease, grant of easement and other activities related
                   to the management of lands under the jurisdiction 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:

                   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 Ventflation System
                   9.04   Permit for Burial of. Radioactive Material


                                                    VI-7










                   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
                   9.08   Approval of Plans and Specifications for Wastewater Treatment Facilities
                   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 (Il-
                          0511)
                   9.17   Permit to Raise and Sell Trout
                   9.18   Private Bass Hatchery Permit
                   9.19   Shooting Preserve Licenses
                   9.20   Taxidermy Idcense
                   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 Air 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
                          Permit to Use Chemicals for the Control or Extermination of Undesirable
                          Fish
                   9.30-  Underground Storage Permit (Gas)
                   9.31   Well Drilling Permit (Oil, Gas, and Solution Salt Mining)
                   9.32   Digger's Permit (Shellfish)
                   9.33   License of Menhaden Fishing Vessel
                   9.34   Isicense for Non-Resident Food Fishing Vessel
                   9.35   Non-Resident Lobs-ter Permit
                   9.36   Marine Hatchery andlor 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
                   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


                                                      VI-8








                   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
                   9.56   Permit to Construct and/or Operate a Solid Waste Management Facility
                   9.57   Septic Tank Cleaner and Industrial Waste Collector Permit
                   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 Granted (for Use of State Maintained Flood Control Land)
                   9.65   State Pollutant -Discharge Elimination System (SPDES) Permit
                   9.6V   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.
            12.06 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

            ENVIRONXKNTAL FACELITIES CORPORATION

            1. 00 Financing program for pollution control facilities for industrial firms and small
                   businesses.


            FACILITIES DEVELOPMENT CORPORATION

            1. 00 Facilities construction, rehabilitation, expansion, or demolition or the funding
                   of such activities.








                                                     VI-9











            OFFICE OF GENERAL SERVICES

            1.00   Administration of the Public Lands Law for acquisition and disposition of
                   lands, grants of land and grants or 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.

            DEPARTMENT 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 RetaU 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

            DIVISION OF HOUSING AND COMMUNrrY RENEWAL and, its                   subsidlarles and
            dfiliates

            1.00   Facilities construction, rehabilitation, expansion, or demolition.

            2.00   Financial assistance J 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

                                                    VI-10








                   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.


            JOB DEVELOPMENT AUTHORITY

            1. 00 Financing assistance programs for commercial and, industrial facilities.

            MEDICAL CARE FACMITIES 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:

                   2.01 Operating Certificate (Community Residence)
                   2.02 Operating Certificate (Fa@aily Care Homes)
                   2.03 Operating Certificate (Inpatient Facility)
                   2.04 Operating Certificate (Outpatient Facility)

            OFFICE OF MENTAL RETARDATION AND DEV @OPMENT DISA13IUTIES

            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 AFFAERS

            1. 00 Preparation and implementation of the State Disaster Preparedness Plan..

            NATURAL HERITAGE TRUST

            1. 00 Funding program for natural heritage institutions.




                                                    V1_11









            NIAGARA FALLS BRIDGE CONMISSION (PeEdonal agency)

            1. 00 Acquisition, disposition, lease, grant of easement and other activities related
                  to the management of land under the jurisdiction of the Commission.

            2. 00 Facilities construction, rehabilitation, expansion, or demolition.

            NIAGARATRONTIER TRANSPORTATION AUTHORITY (re0onal agmicy)

            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.

            3. 00 Increases in special fares for transportation services to public water-related
                  recreation resources.

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

            1.00 Acquisition, disposition, lease, grant of easement or other activities related'
                  to the management of land 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.

            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 programs.

            10.00 Urban Cultural Parks Program.





                                                   VI-12










            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)
                   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

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






                                                   VI-13









            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.

            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 (Substances Abuse Services Program)

            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 I 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 (constructionprojects)
                   4.03  Approval of municipal or regional transportation authority applications
                         for funds for design, construction and rehabilitation of omnibus
                         maintenance and storage facilities


                                                    VI-14








                    4.04   Approval of municipal or regional transportation authority applications
                           for funds for design and construction of rapid transit facilities
                    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 afflHates

             1.00   Acquisition, disposition. lease, grant of easement and other activities related
                    to the management of land under the jurisdiction of the Corporation.

             2.00   Construction, rehabilitation, expansion, or demolition of residential,
                    commercial, industrial, and civic facilities and the funding of such activities,
                    including but not limited to actions under the following programs:

                    (a)    Tax-Exempt Financing Program
                    (b)    Lease Collateral Program
                    (c)    Lease Financial Program
                    (d)    Targeted Investment Program
                    (e) -  Industrial Buildings Recycling Program

             DMSION OF,YOUTH

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
















                                                      VI-15









            2.     Federal Agencies

            DIRECT FEDERAL ACTIVITIES AND DEVELOPMENT PROJECTS


            DEPARTMENT 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, breakwaters,
                   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.

            ArmV, 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.

            DEPARTMENT OF ENERGY


            1.00   Prohibition orders.


            GENERAL SERVICES ADXINISTRATION

            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.




                                                   VI-16









            Mineral Management 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, upgradings or abandonments of
                   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.

            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 of 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 Highway 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 PERMTS


            DEPARTMENT OF DEFENSE

            Army Corps 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 1999 (33 U.S. C. 401, 403).

            2. 00 Establishment of harbor lines pursuant to Section 11. of the Rivers and Harbors

                                                     VI-17








                  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).

            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 National Gas Act (15 U. S. C. 717) and the Energy
                  Reorganization Act of 1974.

            2.00  Exemptions from prohibition orders.

            Fedei@al 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.(11), 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  Certificate 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)).

            BIMRONMENTAL 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, 318 of the Federal Water Pollution
                  Control Act of 1972 (33 U. S. C. 1341, 1342, 1343, and 1@28) .* *
            2. 00 Permits pursuant to the Resources Recovery and Conservation Act of 1976.


                                                   VI-118








               00 Permits pursuant to the underground injection control program under Section
                   142.4 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. 931 (c) and 20 U. S. C. 185.

             INTERSTATE COMMRCE CONMSSION

             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.

             NUCLRAR REGULATORYCOMESSION

             1. 00 Licensing and certification of the siting, construction and operation of nuclear
                   power plants pursuant to Atomic Energy Act of 1954, Title II of the Energy
                   Reorganization Act of 1974 and the National Environmental Policy Act of 1969.

             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.





                                                    VI-19










            FEDERAL ASSISTANCE*


            DEPARTMENT OF AGRICULTIME

                   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 Rental Housing Loans
                   10.416       Soil and Water Loans
                   10.418       Waters and Waste Disposal systems for Rural Communities
                   10.419       Watershed Protection and Flood Prevention Loans
                   10.422       Business and Industrial Loans
                   10.423       Community Facilities '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

            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,
                                II, III, 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 Intermodal
                                Transportation
                   11.509       Development and Promotion of Domestic Waterborne Transport
                                Systems





                                                    VI-20











            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 7 Management Type Cooperative Projects
                  14.127       Mortgage Insurance - Mobile Home Parks
                  14.218       Community Development Block Grants/ Entitlement Grants
                               Community Development Block GrantsJSmall 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
                  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
                  1.5.950      National Water Research and Development Program
                  15.951       Water Resources Research and TEchnology - Assistance to State
                               Institutes
                  15.592       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, SmaU Urban Areas

            GENERAL SERVICES ADMINISTRATION

                  39.002       Disposal of Federal Surplus Real Property


                                                  VI-21












           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

           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)

                        &nbws refer to the Cftaim of Moral W=ftia hu"tanw ftvq@, 1980 wd its tw subwq@t
                        %)dfftm.




























                                                 VI-22










            B.    FEDERAL AND STATE ACTIONS AND PROGRAMS NECESSARY TO FURTHER
                  THE LWRP

              1.  Federal Actions and Programs

                  a.     Department of Defense Army Corps of -Engineers
                         (direct Federal Activities and development projects)

                         I     Participate/ assist in Niagara River navigational study.

                         2.    Assessment of erosion conditions along shoreline and
                               recommended remedial action

                  b.     Department of Commerce
                         (Federal Assistance)

                         1 .   11. 30 Economic Development- Grants and Loans for Public Works
                               and Development Facilities for infrastructure in the LWRA.

                  c.,    Small Business Admini tratidn-
                         (Federal Assistance)

                         1'.   59.012 Small Business Loans -relocation and new 'business
                               formation assistance for waterfront retail development.

              2. State Actions and Promms

                  a.     Office, of General Services

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

                  b.     Department of Environmental Conservation,

                         1 .   Study of fish habitat and improvement] expansion.
                         2.    Land and Water Conservation Fund-access and park expansion
                               for waterfront facilities (Lewiston Landing Waterfront Park).

                  C.     Office of Parks, Recreation & Historic Preservation

                         1 .   Funding assistance for park preservation and development of
                               waterfront access.

                         2.    Improvement of Artpark access complementing waterfront
                               activities (hiking, historic markers, parking, etc.).

                         3.    Coordination of State/Artpark tourism promotion with.   Lewiston
                               Landing activities/ programs (Seaway Trail, Artpark brochures,
                               state tourism).



                                                  VI-23









                                d.         Department of State

                                           1. -       Pedestrian trail assistance.

                                           2.         Funding assistance for marine expansion, park improvements,
                                                      street and water access.

                                e .        Department of Transportation

                                           1          Signage and waterfront                       identification improvement to Robert
                                                      Moses Parkway.

                                           2.         Scenic Overlook on Robert Moses Parkway.

                                f.         Power Authority of the State of New York.

                                           1.         Financial assistance for preparation and development of the
                                                      Lewiston Landing Waterfront Park.







































                                                                                        VI-24










































                                       SECTION VII


                  CONSULTATION WITH OTHER AFFECTED FEDERAL, STATE,
                             REGIONAL AND LOCAL AGENCIES










             A. CONSULTATION WITH AFFECTED AGENCIES                    NARRATIVE

             The consultation procedures employed during the preparation of the Local Waterfront
             Revitalization Program is outlined in this section. Federal, State, re ional and local
                                                                                      gi
             agencies and groups bring a broad array of interest and requirements      'to bear on the
             LWRP process. Issues requiring coordination and.interface between the Village's
             program and each agency include: regulatory review and permit authority; funding
             review and participation; design review and revision authority; and technical
             advisory inputs. The consultation process is a two-step process - one of identifica-
             tion of projects, actions and programs, the other - the establishment of procedures
             to coordinate on-going projects, actions and implementation strategies with affected
             agencies. It is not the intent of this section to identify every Federal, State ,
             regional and local agency, no matter how obscure or narrow its regulatory focus.
             Rather, this section identifies the major and significant projects, programs and
             actions (Tasks 4 and 5) and those agencies with the most direct involvement from the
             regulatory, administrative, and financial perspectives.

             B     CONSULTATION WITH AFFECTED AGENCIES - PROCEDURE

             Those Federal, State, Regional and Local Agencies most likely to be affected by
             Village LWRP actions and programs were identified at the start of the LWRP process.
             A mailing list was developed and notices of all Citizen's Advisory Committee meetings
             and public meetings were sent to those agencies (and names) on the mailing list.
             Agencies were encouraged to attend any and all meetings. As LWRP products were
             developed and submitted, affected agencies were notified by mail - if requested,
             copies of any tasks were sent to the agency requesting a draft submittal. Task 4 -
             Proposed Lana and Water Uses and Proposed Public and Private Projects was sent to
             every agency on the mailing list. This Task provided the agency with a definitive
             list of projects and identified those projects which would require their re-view, input,
             permitting, etc.

             The structure (constituency) of the LWRP Citizen's Advisory Committee facilitated
             coordination with affected local agencies, groups and divisions of the Village's
             government. Members of the Citizen's Committee contained a Village Trustee
             (Chairman),, Chairmanof the Village's Planning, Zoning, Historic Preservation, and
             Parks and Recreation Boards, the Village Clerk-Treasurer, and representatives from
             the Lewiston Professional and Businessman's Association, Lower Niagara River
             Angler's Associations, and the Executive Director of Artpark. This Board structure
             permitted firm linkages between the proposed project and actions and the diverse
             requirements and participation level by many local agencies and groups to be
             established - members of the Committee could coordinate LWRP programs and
             objectives, with their respective boards, commissions and groups.

             Throughout the Task 8 process -- Obtaining Local Commitment, at Citizen's Advisory
             Committee meetings, public meetings, and Village Board Meetings the interface
             between projects /actions and agency coordination, participation and regulatory
             review was discussed. A special Citizen's Advisory Committee Meeting was conduc-
             ted for the sole purpose of enabling affected agencies to comment on the initial draft
             of the LWRP and state their position regarding regulatory and permit authority,.
             funding participation, project review requirements, and level of consultation
             assistance during planning, design. and implementation for various projects and
             actions. The meeting was structured to permit each agency to comment on its

                                                     VII-3









            position and requirements, followed by a question and answer period. Four agencies
            (the New York State Department of Environmental Conservation, the Power
            Authority of the State of New York, Niagara County Planning Department, and
            Niagara County Cooperative Extension), attended and spoke at the meeting;. two
            agencies (Erie and Niagara Counties Regional Planning Board and Niagara County
            Highway Department) either telephoned a response or corresponded.

            It should be noted that much of the interface and coordination with regulatory
            agencies is well advanced. The focal or target project, the Lewiston Landing
            Waterfront Park, required permit issuance from both the New York State Department
            of Environmental Conservation and the U. S. Army Corps of Engineers, and financial
            assistance and coordination from the New York State Department of Environmental
            Conservation and the New York State Office of Parks, Recreation, and Historic
            Preservation. The coordination and consultation with the affected agencies was
            initiated prior to preparation of the LWRP. This process has been integrated into
            future developmental actions that may arise from the LWRP.

            C     CONSULTATION WITH- AFFECTED AGENCIES - FOCUS

            The agencies, groups and departments consulted with, and the major focus of
            inv61vement and consultation, is summarized below:


            1.    FEDERAL

                  a. Entity: U. S. Army Corps of Engineers
                  b. Focus: Permit issuance and review authority for in-water and waterside
                              actions / projects.

            2.    STATE

                  a. Entity:  New York State Department of Environmental Conservation.
                  b. Focus:   -Permits for in-water and waterside work.
                              -State Environmental- Quality Review Act-reviews I positive and
                               negative declarations.
                              -Environmental reviewsipermits for air and water
                               emissions.
                               Funding Programs / Design Review, for waterfront improvements
                              (Lake Access Program).
                              -Fish Stocking program and habitat enhancement.

                  a. Entity:  New York State Office of Parks, Recreation and Historic
                              Preservation (Niagara Frontier State Parks and Recreation
                              Commission).
                  b. Focus:   --@ Funding programs such as Land and Water Conservation Fund
                              (administered for Federal government) for waterfront park
                              funding.

                                Development reviews for recreational and historical
                                improvements/ enhancements consistent with OPR Policy




                                                 VII-4








                 a. Entity:   Power Authority of the State of New York
                 b. Focus:    - Financial assistance for recreational improvements
                               (Federal Energy Regulatory Commission).
                              - Coordination of expansion programs and potential impact on
                               LWRA.

                 a. Entity:   New York State Department of Transportation
                 b. Focus:    -Regulations affecting, and support of scenic overlook.
                                Signage placement (tourism)

                 a: Entity:   Artpark
                 b - Focus:   Tourism linkages with waterfront park

                 a: . Entity: Seaway Trail Commission
                 b: Focus:    Public Awareness and tourism campaigns

           3.    REGIONAL

                 a: Entity:   Erie and Niagara Counties Regional Planning Board
                 b: Focus:    Consistency with area-wide objectives for economic,
                              recreational, and environmental considerations

                 4: Entity:   Niagara County Planning and Industrial Development
                 b: Focus:    Consistency with County Planning goals and objectives.
                              Financial and Planning assistance in comprehensive
                              waterfront plan and programs

                 a: Entity:   Niagara County Cooperative Extension
                 b: Focus:    Technical and advisory assistance for waterfront implementation
                              plans and programs (ie - erosion control measures, others).

                 a: Entity:   Niagara County Highway Department
                 b: Focus:    Regulations regarding, signage and improvements, (incl.
                              drainage) along Route 18F - Seaway Trail-Right-of -Way.

           4.    LOCAL

                Village of Lewiston - Public

                 a: Entity:   Village Board of Trustees
                 b: Focus:    - Ultimate approval, implementation and administration of LWRP.
                              - Management and implementation structure.
                              - Lead Agency for SEQR actions. ,
                              - Chief financial agentl source I administrator for public actions
                               and projects.
                              - Program reporting and documentation for LWRP consistency.

                a: Entity:    Village Planning Board
                b: Focus:     - Site plan reviews /approvals
                              - LWRP Consistency reviews




                                                VII-5








                 a: Entity:     Village Zoning Board of Appeals
                 b:  Focus:     Consistency- with Zoning requirements, and waterfront district
                                appeals).

                 a:  Entity:    Parks, Recreation and Conservation Board
                 b:  Focus:     Advisory for recreational and conservation actions in LWRA.

                 a:  Entity:    Historic Preservation Commission
                 b:  Focus:     Advisory - review of actions in LWRA for consistency with
                                Program and historic preservation objectives.

                   Village of Lewiston - Private Groups

                 a: Entity:     Lewiston Professional and Businessman's Association
                 b: Focus:      - Advertising      and     awareness      campaigns      (signage,
                                advertising).
                                -Sponsorship of waterfront activities (ie- fishing derby).

                 a: Entity:     Niagara RiverAngler!s Association
                 b: Focus:      - Advisory - technical consultation on fisheries development,
                                improvements and access.

              Town of Lewiston - Public

                 a: Entity:     Town of Lewiston
                 b: Focus:      Consultation on programs of joint TowniVillage involvement
                                and benefit.

            The above public and private agencies and groups represent those                   most
            significantly impacted by proposed programs and actions.

            D.     REVIEW OF DRAFT LWRP BY STATE, FEDERAL AND LOCAL AGENCIES

                   The Draft LWRP (with Draft EIS) was reviewed and approved by the Village
                   Board and forwarded to the NYS Department of State (DOS). The DOS then
                   initiated a 60-day review of the Draft LWRP/DEIS pursuant to the Waterfront.
                   Revitalization of Coastal Areas and Inland Waterways Act and State
                   Environmental Quality Review Act. Copier, of the Draft LWRP and DEIS were
                   distributed by DOS to all potentially. affected State and Federal agencies,
                   Niagara County, adjacent waterfront municipalities, and the Erie and Niagara
                   Counties Regional Planning Board.         Comments received on the Draft
                   LWRP /DEIS were reviewed by DOS and the Village and resultant changes were
                   made to the LWRP, which are detailed in the Final Environmental Impact
                   Statement.











                                                    VII-6









































                                    SECTION VIII


                            OBTAINING LOCAL CObWTMENT










             A.    OBTAINING LOCAL COMMITMENT

                   1.     Local Waterfront Revitalization Program Citizens Advisory Committee
                          (LWRPCAC).

                          The Mayor of the Village established an LWRP CAC at the start of the
                          program development. The CAC consists of nine members, made -up of
                          local citizenry with varying interests, a Village Trustee. to head the
                          CAC and serve as liaison to the Village Board and various department
                          heads in Village government.

                   2.     LWRP CAC Organizational Meetingi Role/ Schedule

                          A CAC organizational meeting was held on Tuesday, November 22, 1983.
                          All CAC members were in attendance.

                                Introduction for Preparing the LWRP Document
                                List of State Coastal Policies

                          The following Village submittals:

                                 Preliminary Application - LocalWaterfront Revitalization Program
                                 Work Programs (With Task Description and Products)

                          At the organizational meeting the CAC was instructed as to their duties,
                          responsibilities and task assignments. The CAC served as a reviewing
                          body, making comments on task submittals, furnishing background data
                          for various tasks and providing input to each task's development. The
                          CAC was informed that their role was clearly one of an advisory nature
                          and not decision making. Program elements and policy changes can only
                          be suggested, reviewed or modified by the CAC - ultimate authority lies
                          with the Village Board.

             B     RESOURCE LOCATIONS JMATERL4LS

             The Village maintains a library of all task materials developed for the LWRP.
             Materials will be made available for public review at the Village municipal building
             and at the Village's Public Library. All task submittals, pdrtinent correspondence,
             meeting notes, agendas and summaries, and public agency comments will be placed.
             in these libraries and continually updated.

             C.    DEVELOPING SUPPORT FOR LWRP AMONG AGENCIES, ORGANIZATIONS AND
                   THE GENERAL PUBLIC

                   1      MeeUnas

                          A minimum of four CAC meetings were held during preparation of key
                          tasks. Two general public meetings and a public hearing at the
                          conclusion of the LWRP were held for SEQR requirements and formal
                          adoption of the program. All meetings were open to the public and
                          interested groups. Meetings were advertised and summary notes of any
                          action(s) made.

                                                    VIII-3









                   2.     Documentation

                          The Village documented all public participation activities. Documenta-
                          tion activities range from posting notices, meeting agendas and
                          attendance sheets to supplying summaries of meetings and responses to
                          CAC members, outside     'agencies, interested groups and the Village
                          Board itself. Some of the methods utilized to obtain involvement of local
                          groups were through advertisement of meetings in local publications,
                          mailing list notification, notice posting and CAC 'member's invitations
                          to special interest group members, etc.

            D.     LOCAL COMMITMENT

            The public participation activities for an effective LWRP must be viewed as a two part
            process. Initially, the program required the creation of the public participation
            "mechanisms". The mechanisms include CAC formation, meeting schedules, role
            assignments and formats for public notification and involvement. This first phase
            established the foundation for the more important aspect of public participation
            (obtaining local commitment), in that it established the continual and dynamic
            process for public input. Throughout theprogram, continual and orderly public
            participation was planned.

            The Village Board has embraced the purpose and intent of the LWRP. As the
            governing body of the Village, they are responsible for ultimate approval and
            implementation of the LWRP. The Board takes an active interest in the LWRP
            Program and the Mayor has designated a Village Trustee to serve as chairman of -the
            CAC. This provides the linkage necessary from the advisory CAC to the decision
            making Village Board.

            H.     PUBLIC PARTICIPATION RESPONSIVE"SS SECTION

            This section contains a summary of the meetings that were conducted during the
            LWRP and the topics covered. The primary vehicle for obtaining local commitment
            centered on the meeting and reporting process of the Citizen's Advisory Committee
            Meetings. These meetings were held informally and all mailing list members were
            invited. Because of the membership of the Advisory Committee the feedback to the
            Village Board and other units of local government was greatly enhanced. The proce-
            dure for each meeting involved prior submittal of Task (s) to be reviewed, a meeting
            notice (mailed), agenda and sign-in sheet. Task submittals were discussed at each
            meeting, followed by a discussion of upcoming Tasks. The Committee members were
            asked to participate and provide information for upcoming tasks so that their input
            could be incorporated in those products. Each meeting was summarized and the
            results of the meeting and program status were routinely reported to the Village
            Board.

            To date, one public informational meeting was held, four Citizen's Advisory
            Committee Meetings, two briefings and review sessions with the Village Board (status
            reports were issued at several Board Meetings), and routine consultation with
            affected agencies occurred throughout program development..





                                                    VIII-4







             A summary of the meetings held and topics covered follows:

             Meeting:            LWRP Scoping Meeting - Albany
             Date:               November 14, 1983
             Purpose/Topic:      Establish LWRP schedule, submittal dates and requirements,
                                 objectives and budget.
             Attendees:          Village Clerk, Engineers, and NYSDOS Representative

             Meeting:            CAC. Meeting No...1
             Date:               November 22, 1983
             Purpose / Topic:    Explanation of the LWRP process, the role of the CAC,
                                 description of tasks and products, due dates and budgets. At
                                 this meeting the LWRP instructions (DOS) were handed out to
                                 each member along with the Informational Packet.

             Meeting:            CAC Meeting No. 2
             Date:               January 10, 1984
             Purpose / Topic:    Review Task 1       (Inventory), discuss boundary area and
                                 revisions, prioritize 44 coastal policies to establish local
                                 relevance. Initiated discussion on projects /programs.

             Meeting:            CAC Meeting No. 3.
             Date:               February 21, 1985
             Purpose/Topic:      Reviewed revised boundary and completed coastal policy
                                 statements. Finalized projects and programs including a detailed
                                 discussion of coastal street ends.

             Meeting:            Review Session No. 1 - Village Board
             Date:               October 1, 1984
             Purpose/Topic:      Initiate discussion and dialogue on management and
                                 implementation strategies including     zoning, code revisions,
                                 assignment of roles and responsibilities.

             Meeting:            Review Session No. 2 - Village Board
             Date:               November 5, 1984
             Purpose J Topic:    Review the projects and programs (Task 4) with Village Board
                                 and management/ implementation strategy outline issues for
                                 upcoming Public Information Meeting.

             Meeting:            Public Informational Meeting No. 1
             Date:               December 4, 1984
             Purpose/Topic:      Public informational meeting to present results of Tasks 1-4 and
                                 receive input. All LWRP tasks and objectives were discussed,
                                 with in depth discussion of first four,tasks. The Meeting was
                                 advertised in the Villdge's official newspaper, the Niaga
                                 Gazette. 'A public informational hand-out was supplied (See
                                 Attachment No. 2).

             Meeting:            CAC Meeting No.      4 - Special (Consultation with affected
                                 agencies).
             Date:               April 25, 1985
             Purpose/Topic:      Review of Task 6 and 7. Guest speakers from invited agencies
                                 presented their respective agencies viewpoints, concerns and
                                 requirements.



                                                     VIII-5





































                                    APPENDIX A

                    AMENDMENTS TO VIIJAGE PLANNING REGULATIONS









                                           AMENDMENT (DRAFT)

             To -the:

             Village of Lewiston Planning Ordinance
             (Chapter 15 of the Village Code)

             regarding:

             NYSDOS Local Waterfront Revitalization Program"
             for the Village of Lewiston

             ARTICLE II. PIANNING COMMISSION


             Section 15-19. Powers and duties.

                   (e)    The Planning Commission shall be responsible for review and evaluation
                          of proposed actions in the coastal area of the Village in accordance with
                          Article IV of this Chapter. The Planning Commission shall evaluate the
                          consistency of the proposed action with the policies and purposes of the
                          adopted Local Waterfront Revitalization Program (LWRP) for the Village
                          of Lewiston and shall provide its considerations and recommendations
                          to the Village, Board of Trustees for final determination and
                          certification of consistency with the LWRP.

             re-enumerate (e) to (f) and (f) to (g)
             'ARTICLE IV. ENVMONMENTAL QUALITY RMEW OF CERTAIN ACTIONS

             Section 15-73. Definitions.

             Local Waterfront Revitalization Area (LWRA) shall mean that portion of the New York
             State Coastal Area within the Village of Lewiston as delineated in the Village of
             Lewiston Local Waterfront Revitalization Program.

             Local Waterfront Revitalization Program (LWRP)      shall mean the local program to
             implement the New York State Coastal Management Program within the Village of
             Lewiston as adopted by the Village Board of -Trustees and as approved by the
             Secretary of State pursuant to the Waterfront Revitalization and Coastal Resources
             Act of 1981.


             WAF shall mean Waterfront Assessment Form.

             Section 15-74. Compliance with article required; exceptions.

             No decision to carry out or approire an action other than an action listed in section
             15-75 (b) (c) of this article or section 617.13 of 6 NYCRRR...

             Section 15-75. Classification Of actions.

                   (b)    Consistent with Part 617 of Title 6 NYCRR and the criteria therein,


                          those actions similar to the actions listed in Section 617.13 of Title   6









                           NYCRR as Type I actions, but not specifically identified are* classified
                           as unlisted actions and may have a significant effect on the environment
                           as determined in accordance with Section 617. 11 of the Title 6 NYCRR.

                    (c)    Consistent with Part 617 of Title 6 NYCRR and the criteria therein",- the
                           actions listed in Section (6-17.12) 617.13 of.

             re-enumerate (b) to (c)

             Section 15-76. Application and Statement.

             In the event that an action will occur within or will impact the LWRA a WAF shall be
             completed and filed with the Board of Trustees. The WAF, and any additional
             material as may be necessary to explain the nature and extent of the action, shall be
             required prior to the Board of Trustees determination of significance pursuant to
             Title 6 NYCRR.

             Section 15-79. Determ'nation on application

                    (a)    ...... The determination shall-state whether such proposed action may
                           or will not have a significant effect on the environment or the coastal
                           resources of the Village.

                    (b)    If the Board of Trusteesdetermines that the proposed action is not an
                           exempt action, or an action listed in Section 15-75 (c) of this article or
                           Section 617.13 of Title 6 NYCRR as a Type 11 action and,that it will not
                           have significant effect on the environment, the Board of Trustees shall
                           prepare, file and circulate such determination as provided in Section
                           617. 10 (b) of Title 6 NYCRR and thereafter the proposed action'may be
                           processed without further regard to this article. The determination
                           shall include certification as to consistency with the policies and
                           purposes of the LWRP for those actions subject to a WAF. Certification
                           shall include a review and evaluation of the action in accordance with
                           Article II of this Chapter and a determination that the proposed action
                           is consistent with the policies and purposes of the LWRP based on the
                           following criteria:

                           (1)    The action will not substantially hinder the achievement of any
                                  of the policies and purposes of the LWRP and whenever
                                  practicable will advance one or more such policies; or

                           (2)    If the action will substantially hinder the achievement of any
                                  policy or purpose of the LWRP, then the action may be
                                  determined to be consistent to the maximum extent practicable
                                  with the LWRP provided that: (i) no reasonable alternatives
                                  exist which would permit the action to be undertaken in a manner
                                  which would not substantially hinder the achievement of such
                                  policy or purpose, (ii) the action will- minimize all adverse effects
                                  on such policy or purpose to the maximum extent practicable,
                                  (iii) the action will advance one or more of the LWRP policies and
                                  purposes, and (iv) the action will result in an overriding local,
                                  regional or statewide publde benefit.

             The action shall not be directly undertaken, funded, or approved by the Village








             board or any department, office, other body or officer of the Village, unless the
             action has been determined to beconsistent with the policies and purposes of the
             LWRP.

                    (c)   If the Board of Trustees determines that the proposed action may have
                          a significant effect on the environment or the coastal area, the Board
                          of Trustees shall prepare,     file and circulate such determination as
                          provided in Section 617.10 (b) of Title 6 NYCRR; and thereafter the
                          proposed action shall be reviewed and processed in accordance with the
                          provisions of this article and Part 617 of the Title 6 NYCRR.

             Section 15-80. Draft environmental impact statement - Preparation.

                    (c)   When an action will occur within or will impact the LWRA, the draft
                          environmental impact statement shall include an identification of the
                          applicable policies and purposes of the LWRP and a discussion of the
                          effects of the action on such policies and purposes.

             Section 15-83.      Effect of determination that proposed action wiU not @ have
                                 significant effect on environment.

             if , on the basis of a draft environmental impact statement or a public hearing thereon
             the Board of Trustees determines that an action will not have a significant effect on
             the environment, the proposed Action may be processed without further regard to
             this article, except that for actions subject to a WAF., a certification of the
             tonsistency of 'the action with the policies and purposes of the LWRP    shall be made
             in the manner and according to the criteria provided in section 15-79 (b) of this
             Article.

             Section 15-87.      Findings to be made upon decision to carrycrut or approve
                                 actions; fMng of copy.

                    (b)   For actions subject to a WAF, the written determination shall include -a
                          certification of the consistency of the'action with the policies and
                          purposes of the LWRP made in a manner and according to the criteria
                          provided in Section 15-79 (b) of this article.

             re-enumerate (b) to (c)

             Section 15-88.      Maintenance of files of notices, statements, certificates and
                                 written determinations required.

                          The Village shall maintain files open for public inspection of all notices
                          of completion, draft and final environmental impact statements,
                          certifications of consistency with Local Waterfront Revitalization
                          Program policies and written determinations prepared or caused to be
                          prepared by the Board of Trustees.









































                                   APPENDEKB

                     AMENDMENTS TO VILLAGE ZONING ORDINANCE











             To the:

             1.7111age of Lewiston Zoning Ordinance
             (Appendix B of the Village Code)

             regarding:

             NYSDOS Local Waterfront Revitalization Program for the Village of Lewiston

             SECTION 1. Purposes and Interpretation

                   C.     The provisions and regulations of this Ordinance, and interpretations
                          thereof, shall be made in accordance with the objectives of the Village
                          (if Lewiston Comprehensive Master Plan (1977) and consistent with the
                          policies and purposes of the Village of Lewiston adopted Local
                          Waterfront Revitalization Program (1986) for the purposes of promoting
                          the public health, safety, convenience, order, prosperity and general
                          welfare of the community and protecting and enhancing the coastal
                          resources of the community.

             SECTION 3.    Establishment of districts

             W-D District  (added): Waterfront Development District

             SECTION 9:    District regulations

                   E.     RB District: Restricted Business

                          Delete f. Boat liveries or marinas upon premises in the RB District
                          which abut the Niagara River subject to the following:
                          1 .    Such'activity or use shall be subject to'the provisions of section
                                 bR of this appendix. -

                                 re-enumerate g to f.

                   F.     W-D District: Waterfront Development District

                          1.     Permitted principal uses subject to the requirements of Section
                                 10R.

                                 a .   Uses which depend on proximity, access and/or utilization
                                       of the water including, but not limited to, the following:

                                       i .    Boat liveries and marinas.

                                       ii.    Boat and boating accessories service, repair, sales
                                              and rental.

                                       fli.   Fishing and tackle equipment and supplies sales.

                                       iv.    Flood and erosion protection structures.









                                 b.     TJsps which are enhanced by a waterfront location and
                                        proximity to water-dependent uses including, but not
                                        limited to, the following:

                                        i      Tourist facilities      (restrooms,       snackbars,
                                               information    areas,   cultural    and     recreation
                                               facilities) .

                                        U.     Restaurants and eating establishments.

                                        iii.   Hotels and motels.

                                        iv.    Bed and breakfast residences, tourist homes.

                                        v .    Retail and service facilities complementary to the
                                               above uses.


                                 C.     Other water-related uses which, in the opinion of the
                                        Zoning Board of Appeals, are similar in nature to those.
                                        permitted above -and are consistent with the adopted
                                        Village of Lewiston Local Waterfront Revitalization
                                        Program.

                          2.     Permitted accessory uses.

                                 a.     Parking areas in accordance with Section 12..

                                 b.     Tempora  ry boat and boating equipment storage.

                                 C.     Signs in accordance with Section 13.

                                 d.     Other accessory uses incidental to those permitted above.

                    G.    O-P District: Open and Public District -@ the intent of the district is to
                          delineate publicly owned and/or open areas and protect the Village
                          shoreline. No use, structure or accessory use or structure shall be
                          undertaken along the shoreline that will contribute to flooding and.
                          erosion or inhibit public control efforts,'permanently reduce existing
                          access, substantially reduce public vistas or jeopardize coastal
                          resources, in accordance with the adopted Local Waterfront
                          Revitalization Program for the Village of Lewiston.

             SECTION 10. General Provisions and permitted modifications.

                    A.    Preservation of Natural Features

                          5.     Existing natural features     such as trees, brooks, drainage
                                 channels and viewsivistas     shall be retained. Whenever such
                                 features interfere with the proposed uses-of such property, a
                                 retention of the maximum amount of such features consistent with
                                 the use of the property shall be required. No use shall be
                                 undertaken which eliminates or substantially reduces the
                                 view/vista of an existing property due to height, -bulk or
                                 orientation of structure.









                   R. Development Plan Procedures and Regulations.

                         4.     Standards for review. In making a determination the following
                                standards shall be utilized.


                                a.    GeneralStandards.

                                      iii.   The proposed development is in conformance with
                                             the general intent of the Comprehensive Master Plan
                                             and consistent with the policies and purposes of the
                                             Village of Lewiston Local Waterfront Revitalization
                                             Program.










































                                     APPENDIX C

                          GUIDELINES FOR REVIEW OF PROPOSED

                             STATE AND FEDERAL ACTIONS










                                NEW YORK STATE DEPARTMENT OF STATE
                                    COASTAL MANAGEMENT PROGRAM

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


                   PURPOSES OF GUIDELINES

                   A.    The Waterfront Revitalization of Coastal Areas and Inland Waterways
                         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 Revitaliza-tion Programs (LWRPs). These guidelines are
                         intended to assist state agencies in meeting that statutory consistency
                         obligation.

                   B .   The Act also requires that state agencies provide timely notice to the
                         situs local government whenever an identified action will occur within
                         an area covered by an approved LWRP. 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.

                   C .   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 LWRP.          These guidelines establish a
                         procedure for resolving such conflicts.


                   DEFINITIONS


                   A.    Action means:

                         1 .    A "Type 1" or "Unlisted" action as defined by the State
                                Environmental Quality Review Act (SEQRA);

                         2.     Occiirring within the boundaries of an approved LWRP; 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.

                   B.    Consistent to the maximum extent practicable means that an a6tion 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 acl  ,jon must
                         be one:


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












                                                       2

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

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

                   C .    Local Waterfront Revitalization Progra or LWRP means a program
                          prepared and adopted by a local government and approved by the
                          Secretary of State pursuant to 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.


            III. NOTIFWATION PROCEDURE

                   A.     'When a state agency is considering an action as described in 11 above,
                          the state agency shall notify the affected local government.

                   B .    Notification of a proposed action by a state agency:

                          1.    ShallTully describe the nature and location of the action;

                          2.    Shall be accomplished by use of either the State Clearinghouse,
                                other existing state agency notification procedures, or through
                                an alternative procedure agreed upon by the state agency and
                                local government;

                          3.    Should be provided to the local official identified in the LWRP of
                                the situs local government 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 local LWRP official
                                should be considered adequate notification of a proposed action..)

                   C      If the proposed action will require the preparation of a draft environ-
                          mental impact statement, the filing of this draft document with the chief
                          executive officer can serve as the state agency's notification to the
                          situs local government.


            IV. LOCAL GOVERNMENT RBVMV PROCEDURE

                   A.     Upon receipt of notification from a state agency, the situs local govern-
                          ment will be responsible for evaluating a proposed action against t   -he
                          policies and purposes of its approved LWRP. Upon request of the local
                          official identified in the LWRP, the state agency should promptly
                          provide the situs local government with whatever additional information
                          is available which will assist the situs local government to evaluate the
                          proposed action.










                                                          3

                    B.     If the situs local government cannot identify any conflicts between the
                           proposed action and the applicable policies and purpose's of its
                           approved LWRP, it should inform the state agency in writing of its
                           finding. Upon receipt of the local government's finding, the state
                           agency may proceed with its consideration of the proposed action in
                           accordance with 19 NYCRR Part 600.

                    C.     If the situs local government does not notify the state agency in writing
                           of its finding within the established review period, the state agency
                           may then presume that the proposed action does not conflict with the
                           policies and purposes of the municipality's approved LWRP.

                    D      If the situs local government 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 iis consi-
                           deration,.of, or decision on, the proposed action as long as the
                           Resolution of Conflicts procedure established in V below shall apply.
                           The local government 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 local government shall identify the
                           specific policies and purposes of the LWRP with which the proposed
                           action conflicts.



             V.     RESOLUTION OF CONFLICTS

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

                           1.     Upon receipt of notification from a local government that a
                                  proposed action conflicts with its approved LWRP, the state
                                  agency should contact the local LWRP official to'discuss the
                                  content of the identified conflicts and the means-for resolving
                                  them. A meeting of state agency and local governmen t repre-
                                  sentatives may be necessary to discuss and resolve the identified
                                  conflicts. This discussion should take place within 36 days of
                                  the receipt of a conflict notification from,the local government.

                           2.     If the discussion between the situs local government and the
                                  state agency results in the resolution of the identified C' onflicts,
                                  then, within seven days of the discussion, the sifus 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.


  40,   1












                                                        4
                          3:@    If the@ hisultation between the, situs local government and the
                                 state agency does not lead to the resolution of the identified
                                 conflicts, either party 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 partv.

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

                          5.     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.

                          6.     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.










                             PROCEDURAL GUIDELINES FOR COORDINATING
                               NYS DEPARTMENT OF STATE (DOS) & LWRP
                          CONSISTENCY          EW OF_FEDERAL AGENCY -ACTIONS



            DIRECT ACTIONS

            1.     After acknowledging the receipt7 of        a consistency determination and
                   supporting documentation from a federal agency, DOS will forward c      [opies of
                   the determination and other descriptive information on the proposed direct
                   action to the program coordinator (of an approved LWRP) and other interested
                   parties.

            2.     This notification will indicate the date by which all comments and reconimenda-
                   tions must be submitted to DOS andwill identify the.]@P,,,partmentls principal
                   reviewer for the proposed action.

                                                                            1,'TG-
            3.     The review period will be.about twenty-five                   If comments and
                   recommendations are not received by the date indicated in the notification,
                   DOS will presume that the municipality has "no opinion" on the consistency of
                   the proposed direct federal agency action with local coastal policies.

            4.     If DOS does not fully concur with andl or has any questions on the comments
                   and recommendations submitted by the municipality, DOS will contact the
                   municipality to discuss any differences of opinion or questions P or to
                   agreeing or disagr!eeing with the federal agency's consistency determination
                   0
                    n the proposed direct action.

            5.    A copy of DOS' "agreement" or " disagreement" letter to the federal agency will
                   be forwarded to the local program coordinator.

            PERMIT AND LICENSE ACTIONS

            1.     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 program coordinator,an will identify the
                   Department's principal reviewer for the proposed action.

            2.     Within thirty (30) days of receiving such information, the program coordinator
                   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 local coastal Policies.

            3.     When- DOS and the program coordinator 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 program coordinator upon, receipt.

            4.     Within thirty (30) days of receiving the requested additional information or
                   discussing possible problems of a proposed action with the principal reviewer
                   for DOS, whichever is later, the program coordinator will notify DOS of the
                   reasons why a proposed action may be. inconsistent or consistent with local
                   coastal policies.










									-2-

                   
             5.     After the notificatin, the program coordinator will submit the municipality's
                   written comments and recommendations on a proposed permit action to DOS
                   before or at the conclusions 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 municipality has no
                    opinion" on the consistency of the proposed action with local coastal policies.

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

             7.     A copy of DOS' "concurrence" or "objective" letter to the applicant will be
                    forwarded to the program coordinator.
                                            

             FINANCIAL ASSISTANCE ACTIONS

             1.     Upon receiving notification of a proposed federal financial assistance action,
                    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 program coordinator.
                    A copy of this letter will be forwarded to the coordinator and will serve as
                    notification that the proposed action may be subject to review.

             2.     DOS will acknowledge the receipt of the requested information and provide a
                    copy of this aknowledgement to the program coordinator. DOS may, at this
                    time, request the applicant to submit additional information for review
                    purposes

             3.     The, review period will conclude thirty (30) days after the date on DOS' letter
                    of acknowledgement or the receipt of reuested additional information
                    whichever is later. The review period may be extended for major financial
                    assistance actions.

             4.     The program cordinator must submit the municipality's comments and recom-
                    mendations on the proposed action to DOS wathin twenty days (or other time
                    agreed to by DOS and the program coordinator from the start of the review
                    period. If comments and recommendations are not received within this period,
                    DOS will presume that the municipality has "no optinion" on the consistency of
                    the proposed financial assistance action with local coastal policies.

             5.     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
                    program coordinator to discuss any differences of opinion or questions prior
                    to notifying the applicant of DOS consistency decision.
             6.     A copy of DOS consistency decision letter to the applicant will be forwarded
                    to the program coordintor.

                                 US Department Of Commerce
                             NOAA Coastal Services Center Library
                				2224 South Hobson Avenue
                                    Charleston, SC 29405-2413











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