"The National Trust is designated by Congress as a member of the Advisory Council on Historic Preservation, 16 U.S.C. § 470i(a)(8), and we have a significant interest in enforcing compliance with the National Historic Preservation Act and maintaining the integrity of the Section 106 review process. The Trust has extensive experience participating in the Section 106 review process as a consulting party, and specific experience consulting with federal agencies regarding 'anticipatory demolition.' The National Trust was chartered by Congress in 1949 for the purpose of facilitating public participation in the preservation of our nation’s heritage and furthering the historic preservation policies of the United States. Id. § 468. With the support of our 250,000 members nationwide, including nearly 20,000 members in the state of New York, the National Trust works to protect significant historic sites and to advocate historic preservation as a fundamental value in programs and policies at all levels of government."
NATIONAL TRUST for HISTORIC PRESERVATION
May 12, 2006
Mr. Paul Senk
Manager, Real Estate
USPS Northeast Facilities Service Office
6 Griffin Road North
Windsor CT 06006-0300
Dear Mr. Senk:
I am writing to you on behalf of the National Trust for Historic Preservation in order to submit comments for the record of a May 17, 2006 public meeting in the Village of Aurora, NY, regarding the possible relocation of the Aurora Post Office. As the National Trust stated in a November 24, 2004 letter to your office, shortly after information on this relocation plan was first released, the National Trust believes that the proposed relocation will constitute an undertaking that will adversely affect a site or sites listed on the National Register of Historic Places, within the meaning of Section 106 of the National Historic Preservation Act of 1966, as amended.
Over the past several years, the National Trust for Historic Preservation has been deeply troubled to witness the rapid and profoundly damaging transformation of some of the most significant elements of the Aurora Village–Wells College National Register District. As you know, initial proposals to pursue the pending Post Office relocation plan and related parking lot expansion as part of Aurora Foundation, LLC’s Aurora Inn/Market project were withdrawn, allowing a project with manifest, significant adverse effects to proceed without Section 106 review. Aurora Foundation, LLC completed extensive interior demolition and alteration of the 1901 schoolhouse, and in December, 2005, the Village of Aurora Board approved a new application that will allow for the Aurora Inn/Market parking lot expansion in the event that the Post Office agrees to relocate to the 1901 Schoolhouse. Further, it is a matter of public record that the Aurora Foundation, LLC has offered to fund the proposed relocation. The National Trust is concerned that the proposed Post Office relocation would advance the incremental and inappropriate redevelopment of the Village of Aurora, and would assist circumvention of the complete Section 106 review that should have occurred before so many National Register-listed buildings and features related to this project were lost.
On the question of the possible applicability of segmentation, anticipatory demolition, and foreclosure under the NHPA, your April 17, 2006 letter to Interested Parties addresses neither the USPS project currently under consideration nor USPS regulations relevant to compliance with the NHPA. Instead, your comments rely on action taken by the Army Corps of Engineers to grant a dock permit to the Aurora Foundation, LLC. An original element of its Aurora Inn/Market project, the dock was withdrawn from Aurora Foundation, LLC’s submission on the heels of a NYSHPO determination of adverse effect, and reintroduced later. The Army Corps of Engineers’ area of potential effect was limited
in a manner that was inconsistent with Section 106 regulations, and they did not consult with the Advisory Council on Historic Preservation on this project. Thus, their actions cannot be relied upon to guide USPS in their efforts to comply with NHPA. It is our position that the USPS should not perpetuate the Army Corps’ unwillingness to duly examine this project in light of Sections 106 and 110 of the NHPA.
Now that USPS has resumed the Section 106 review process for this project, the National Trust reaffirms its request to participate as a “consulting party” under Section 106 of the NHPA, pursuant to 36 C.F.R. § 800.2(c)(6). Please include the National Trust in any distribution of public notices of meetings, and for the circulation of any documents for comment. We would appreciate receiving two separate copies of notices at the following addresses:
Elizabeth S. Merritt, Esq.
Deputy General Counsel
National Trust for Historic Preservation National Trust for Historic Preservation
1785 Massachusetts Avenue, NW
Washington, DC 20036
Tel: (202) 588-6174
Roberta Lane, Esq.
Northeast Office
National Trust for Historic Preservation National Trust for Historic Preservation
Seven Faneuil Hall Marketplace
Boston, MA 02109
Tel: (617) 523-0885
We look forward to working with you as the Section 106 review process resumes.
Sincerely, Roberta Lane
Program Officer and Regional Attorney
Cc: Reid Nelson, Advisory Council on Historic Preservation
James Warren, NY State Office of Parks, Recreation and Historic Preservation
Dallan C. Wordekemper, U.S. Postal Service
Daniel Mackay, Preservation League of New York State
William Hurst, Esq., Preservation League of New York State
The Aurora Coalition
P.O. Page
