AGENDA AVAILABLE AT:
http://www.cityofyonkers.com/index.aspx?recordid=1810&page=23
Committee of the Whole 7:30 P.M.
Stated Meeting 8:00 P.M.
City Council Chambers
TIME:
PRESENT: PRESIDENT OF THE COUNCIL
CHUCK LESNICK
DISTRICT
2 MAJORITY SANDY ANNABI
4 MINORITY LEADER LIAM J. McLAUGHLIN
COUNCIL MEMBERS:
DISTRICT:
1 PATRICIA D. McDOW
3 JOAN GRONOWSKI
5 JOHN M. MURTAGH
6 DEE BARBATO
Recitation of the Pledge of Allegiance to the Flag followed by a moment of
silence to invoke God’s guidance and Blessing upon our deliberations.
Minutes of the stated meeting held on March 25, 2008 approved on motion of
Majority Leader Sandy Annabi.
INDEX
ITEM DESCRIPTION PAGE
1. L.L. – TAX EXCEPTIONS 6/8
2. L.L. – TAX EXCEPTIONS (DISABLED) 9/12
3. S.O. – LAND ACQUISITION - 58 PURSER PLACE 13
4. S.O. – BUDGET TRANSFER (CLERK’S OFFICE) 14/15
5. RES – LDA – HUDSON VIEW ASSOC. 16/21
6. RES – HUDSON VIEW ASSOC. 22/23
7. RES – SETTLEMENT – OBALDE – ($607.33) 24
8. RES – SETTLEMENT – ROMAN – ($75,000.00) 25
9. RES – APPT. ZONING BOARD – HARRY SINGH 26
10. RES – APPT. DEP. COMM. PLANNING (EBERT) 27
11. RES – APPT. ANTHONY LANDI – ZONING BOARD 28
12. RES – APPT. DEP. PARKS COMM. (BERARDO) 29
13. RES – HOME RULE – TOLL PLAZA REMOVAL 30/31
COMMUNICATIONS
COMMITTEE OF THE WHOLE
SPEAKERS
NAME: ADDRESS ITEM NO.:
1. Harry Langer 20 East 68th Street, NYC Ball Park
PUBLIC HEARING
A PUBLIC HEARING ON THE APPROVAL OF THE DESIGNATION OF
HUDSON VIEW ASSOCIATES, LCC AS A QUALIFIED AND ELIGIBLE
SPONSOR FOR THE REDEVELOPMENT OF A PORTION OF VACANT
LAND OWNED BY THE YONKERS COMMUNITY DEVELOPMENT
AGENCY IN THE I-PARK URBAN RENEWAL AREA
LOCAL LAW
1. BY COUNCIL PRESIDENT LESNICK, MAJORITY LEADER ANNABI,
MINORITY LEADER McLAUGHLIN, COUNCILMEMBERS, McDOW,
GRONOWSKI, MURTAGH AND BARBATO:
A LOCAL LAW AMENDING CHAPTER 15 OF THE CODE OF THE CITY
OF YONKERS ENTITLED “TAXES” BY AMENDING SECTION 15-35 (A)
THEREOF, ENTITLED “EXCEPTIONS” IN ORDER TO CONFORM
WITH THE 2006 AMENDMENTS OF THE NEW YORK STATE REAL
PROPERTY TAX LAW.
BE IT ENACTED, by the City Council of the City of Yonkers, as
follows:
Section 1. Chapter 15 of the Code of the City of Yonkers entitled
“Taxes” is hereby amended in part, by deleting Section 15-35 (A) and
adding a new Section 15-35 (A) thereof, entitled “Exceptions” to read as
follows:
Ҥ 15-35. Exceptions.
i. For the period commencing July 1, 2008, and expiring on
June 30, 2009:
A. Income Limits.
(1) AIl the income of the owner or combined income of the owners of the
property for the income tax year immediately preceding the date of making
application for exemption exceeds the sum of $27,000, except as provided
in the following schedule:
ANNUAL INCOME PERCENTAGE OF
EQUAL TO OR ASSESSED VALUE EXEMPT FROM
GREATER THAN AND LESS THAN TAXATION
$0 $27, 000.00 50
$27, 000.01 $27, 999.99 45
$28, 500.00 $28, 999.99 40
$29. 000.00 $29, 999.99 35
$30, 000.00 $30, 899.99 30
$30, 900.00 $31, 799.99 25
$31, 800.00 $32, 699.99 20
$32, 700.00 $33, 599.99 15
$33, 600.00 $34, 499.99 10
$34, 500.00 $35, 399.99 5
LOCAL LAW (CONTINUED)
ii. For the period commencing July 1, 2009, and
expiring on June 30, 2010:
A. Income Limits.
(1) AIl the income of the owner or combined income of the owners of
the property for the income tax year immediately preceding the date of
making application for exemption exceeds the sum of $28,000, except as
provided in the following schedule:
ANNUAL INCOME PERCENTAGE OF
EQUAL TO OR ASSESSED VALUE EXEMPT FROM
GREATER THAN AND LESS THAN TAXATION
$0 $28, 000.00 50
$28, 000.01 $28, 999.99 45
$29, 500.00 $29, 999.99 40
$30, 000.00 $30, 999.99 35
$31, 000.00 $31, 899.99 30
$31, 900.00 $32, 799.99 25
$32, 800.00 $33, 699.99 20
$33, 700.00 $34, 599.99 15
$34, 600.00 $35, 499.99 10
$35, 500.00 $36, 399.99 5
iii. For the period commencing July 1, 2011:
A. Income Limits.
(1) AIl the income of the owner or combined income of the owners of the
property for the income tax year immediately preceding the date of making
application for exemption exceeds the sum of $29,000, except as provided
in the following schedule:
ANNUAL INCOME PERCENTAGE OF
EQUAL TO OR ASSESSED VALUE EXEMPT FROM
GREATER THAN AND LESS THAN TAXATION
$0 $29, 000.00 50
$29, 000.01 $29, 999.99 45
$30, 500.00 $30, 999.99 40
$31. 000.00 $31, 999.99 35
$32, 000.00 $32, 899.99 30
$32, 900.00 $33, 799.99 25
$33, 800.00 $34, 699.99 20
LOCAL LAW (CONTINUED)
$35, 600.00 $36, 499.99 10
$34, 700.00 $35, 599.99 15
$36, 500.00 $37, 399.99 5
(2) The term “income tax year” shall mean the twelve–month period for
which the owner or owners filed a federal personal income tax return or, if
no such return is filed, the calendar year. Where title is vested in either the
husband or wife, their combined income may not exceed such sum. Such
income shall include social security and retirement benefits, interest,
dividends, total gain from the sale or exchange of a capital asset which
may be offset by a loss from the sale or exchange of a capital asset in the
same income tax year, net rental income, salary or earnings and net
income from self-employment, but shall not include a return of capital, gifts
or inheritances. In computing net rental income and net income from selfemployment,
no depreciation deduction shall be allowed for the
exhaustion, wear and tear of real or personal property held for the
production of income.”
Section 2. This local law shall take effect upon adoption as
provided by law.
LOCAL LAW
2. BY COUNCIL PRESIDENT LESNICK, MAJORITY LEADER ANNABI,
MINORITY LEADER McLAUGHLIN, COUNCILMEMBERS, McDOW,
GRONOWSKI, MURTAGH AND BARBATO:
A LOCAL LAW AMENDING CHAPTER 15 OF THE CODE OF THE CITY
OF YONKERS ENTITLED “TAX EXEMPTION FOR PHYSICALLY
DISABLED ON LIMITED INCOMES” BY AMENDING SECTION 15-92 (A)
THEREOF, ENTITLED “GRANT OF EXEMPTIONS” IN ORDER TO
CONFORM WITH THE 2006 AMENDMENTS OF THE NEW YORK
STATE REAL PROPERTY TAX LAW.
BE IT ENACTED, by the City Council of the City of Yonkers, as
follows:
Section 1. Chapter 15 of the Code of the City of Yonkers entitled
“Taxes” is hereby amended in part, by deleting Section 15-92 (A) and
adding a new Section 15-92 (A) thereof, entitled “Grant of Exemption.” to
read as follows:
Ҥ 15-92. Grant of Exemption.
i. For the period commencing July 1, 2008, and expiring on
June 30, 2009:
Any one, two or three family residence used solely for residential
purposes, located in the City of Yonkers, that is the real property of the
resident owner of the real property who is physically disabled, shall
receive an exemption from taxation from the City of Yonkers on said real
property to the extent enumerated herein:
A. No exemptions shall be granted if the income of the owner or
combined income of the owners of the property for the income tax year
immediately preceding the date of making application for exemption
exceeds the sum of $27,000, except as provided in the following schedule:
ANNUAL INCOME PERCENTAGE OF
EQUAL TO OR ASSESSED VALUE EXEMPT FROM
GREATER THAN AND LESS THAN TAXATION
$0 $27, 000.00 50
$27, 000.01 $27, 999.99 45
$28, 500.00 $28, 999.99 40
LOCAL LAW (CONTINUED)
$31, 800.00 $32, 699.99 20
$32, 700.00 $33, 599.99 15
$33, 600.00 $34, 499.99 10
$34, 500.00 $35, 399.99 5
ii. For the period commencing July 1, 2009, and
expiring on June 30, 2010:
Any one, two or three family residence used solely for residential
purposes, located in the City of Yonkers, that is the real property of the
resident owner of the real property who is physically disabled, shall
receive an exemption from taxation from the City of Yonkers on said real
property to the extent enumerated herein:
A. No exemptions shall be granted if the income of the owner or
combined income of the owners of the property for the income tax year
immediately preceding the date of making application for exemption
exceeds the sum of $28,000, except as provided in the following schedule:
ANNUAL INCOME PERCENTAGE OF
EQUAL TO OR ASSESSED VALUE EXEMPT FROM
GREATER THAN AND LESS THAN TAXATION
$0 $28, 000.00 50
$28, 000.01 $28, 999.99 45
$29, 500.00 $29, 999.99 40
$30, 000.00 $30, 999.99 35
$31, 000.00 $31, 899.99 30
$31, 900.00 $32, 799.99 25
$32, 800.00 $33, 699.99 20
$33, 700.00 $34, 599.99 15
$34, 600.00 $35, 499.99 10
$35, 500.00 $36, 399.99 5
iii. For the period commencing July 1, 2011:
Any one, two or three family residence used solely for
residential purposes, located in the City of Yonkers, that is the real
property of the resident owner of the real property who is physically
disabled, shall receive an exemption from taxation from the City of
Yonkers on said real property to the extent enumerated herein:
LOCAL LAW (CONTINUED)
A. No exemptions shall be granted if the income of the owner or
combined income of the owners of the property for the income tax year
immediately preceding the date of making application for exemption
exceeds the sum of $29,000, except as provided in the following schedule:
ANNUAL INCOME PERCENTAGE OF
EQUAL TO OR ASSESSED VALUE EXEMPT FROM
GREATER THAN AND LESS THAN TAXATION
$0 $29, 000.00 50
$29, 000.01 $29, 999.99 45
$30, 500.00 $30, 999.99 40
$31. 000.00 $31, 999.99 35
$32, 000.00 $32, 899.99 30
$32, 900.00 $33, 799.99 25
$33, 800.00 $34, 699.99 20
$34, 700.00 $35, 599.99 15
$35, 600.00 $36, 499.99 10
$36, 500.00 $37, 399.99 5
(2) The term “income tax year” shall mean the twelve–month period for
which the owner or owners filed a federal personal income tax return or, if
no such return is filed, the calendar year. Where title is vested in either,
the husband or wife, their combined income may not exceed such sum.
Such income shall include social security and retirement benefits, interest,
dividends, total gain from the sale or exchange of a capital asset which
may be offset by a loss from the sale or exchange of a capital asset in the
same income tax year, net rental income, salary or earnings and net
income from self-employment, but shall not include a return of capital, gifts
or inheritances. In computing net rental income and net income from selfemployment,
no depreciation deduction shall be allowed for the
exhaustion, wear and tear of real or personal property held for the
production of income.”
LOCAL LAW (CONTINUED)
Section 2. This local law shall take effect upon adoption as
provided by law.
SPECIAL ORDINANCE
3. BY COUNCIL PRESIDENT LESNICK, MAJORITY LEADER ANNABI,
MINORITY LEADER McLAUGHLIN, COUNCILMEMBERS, McDOW,
GRONOWSKI, MURTAGH AND BARBATO:
A SPECIAL ORDINANCE AUTHORIZING AND DIRECTING THE
ACQUISITION OF THE FOLLOWING PROPERTY REQUIRED IN
CONNECTION WITH THE DEVELOPMENT OF A PUBLIC ATHLETIC
FIELD AND PLAYGROUND:
SECTION 1, BLOCK 154, LOTS 55.67
(58 PURSER PLACE).
The City of Yonkers, in City Council convened, hereby ordains and enacts:
Section 1. It is hereby ordered and directed that certain parcel of
property, referenced above and as identified on the Official Tax Map of the
City of Yonkers, be acquired for public or municipal purposes, more
specifically, the establishment of a public athletic field and playground.
Section 2. For the purposes of acquiring said property, the Mayor
or the Commissioner of Public Works is hereby authorized to acquire for
the City of Yonkers the aforesaid lands by gift or purchase, at a price to be
approved by the City Council, or by the procedure set forth in Article XX of
the Charter of the City of Yonkers, as amended, or by proceedings as set
forth in the Eminent Domain Procedure Law (“EDPL”).
Section 3. The whole cost and expense of acquiring the aforesaid
property shall be borne by the City-at-large.
Section 4. This Ordinance shall take effect immediately.
SPECIAL ORDINANCE
4. BY COUNCIL PRESIDENT LESNICK, MAJORITY LEADER ANNABI,
MINORITY LEADER McLAUGHLIN, COUNCILMEMBERS, McDOW,
GRONOWSKI, MURTAGH AND BARBATO:
A SPECIAL ORDINANCE AMENDING THE CITY OF YONKERS
BUDGET FOR FISCAL YEAR 2007/2008 BY TRANSFERRING $70,000
FROM CITY CLERKS OFFICE TO THE PLANNING DEPARTMENT AND
THE CITY COUNCIL PRESIDENT’S OFFICE FOR THE LANDMARKS
BOARD AND GREEN TASK FORCE.
The City of Yonkers, in City Council convened, hereby ordains and
enacts:
Section 1: The Budget for fiscal year 2007/2008 is hereby
amended by transferring funds as follows:
FROM:
City Clerk –
Professional Fees 020-013-1410-0413 $70,000
TO:
Planning Department-
Professional Fees 020-005-8030-0413 $50,000
City Council President-
Professional Fees 020-013-1020-0413 $20,000
$70,000
Section 2: The unencumbered balance of such appropriation
remaining after the transfer equals or exceeds the estimated expenditure
the City requires for such purpose during the remainder of the Budget
Year as per the attached justification document required by the State
Comptroller.
SPECIAL ORDINANCE (CONTINUED)
Section 3: This ordinance shall take affect immediately.
RESOLUTION
5. BY COUNCIL PRESIDENT LESNICK, MAJORITY LEADER ANNABI,
MINORITY LEADER McLAUGHLIN, COUNCILMEMBERS, McDOW,
GRONOWSKI, MURTAGH AND BARBATO:
RESOLUTION OF THE CITY COUNCIL APPROVING THE
DESIGNATION OF HUDSON VIEW ASSOCIATES, LLC AS ELIGIBLE
SPONSOR AND APPROVING THE TERMS AND CONDITIONS OF
PROPOSED LAND DISPOSITION AGREEMENT PROVIDING FOR THE
DISPOSITION OF A PORTION OF VACANT LAND DESIGNATED AS
SECTION 2, BLOCK 2015, LOT 95 ON THE TAX MAP OF CITY OF
YONKERS
WHEREAS, in furtherance of the objectives of Articles XV and XVA
of the General Municipal Law of the State of New York, as amended,
the City of Yonkers (the “City”) and the Yonkers Community Development
Agency (the “Agency”) have undertaken a program for clearance and
reconstruction of the waterfront area (the previous Otis Elevator property,
now known as “I-Park”) in accordance with the Urban Renewal Plan for
N.P.D. 4 dated May 31, 1972, as amended November 1982 (the “I-Park
Urban Renewal Plan”); and
WHEREAS, Hudson View Associates, LLC, having an office at 485
West Putnam Avenue, Greenwich, Connecticut 06830 (the “Company”),
submitted to the Agency a Redeveloper’s Statement for Public Disclosure
and Redeveloper’s Statement of Qualifications and Financial
Responsibility (Form HUD-6004) pertaining to the redevelopment of a
portion of a parcel owned by the Agency in the I-Park Urban Renewal
Area and located in Section 2, Block 2015, Lot 95 on the Tax Map of the
City of Yonkers, being tentatively described as “a portion of Lot 95 at its
intersection with Ashburton Avenue to a point approximately 100 feet
south of the existing access driveway to the parking deck of the proposed
building (hereinafter referred to as the “Northern Portion of the CDA
Parcel)” to be conveyed to the Company in connection with its
construction of an approximate 100,000 square-foot office building to be
leased on a long-term basis to the County of Westchester for
administrative offices (the “Project”); and
WHEREAS, in further consideration for the disposition and
redevelopment of the Northern Portion of the CDA Parcel, the company
has agreed to convey to the City of Yonkers
RESOLUTION (CONTINUED)
WHEREAS, in accordance with Resolution No. 4-2006 adopted by
the Agency on February 14, 2006, the Agency caused to be published in
an eighteen-foot right-of-way on Ashburton Avenue owned by the
Company, for the purpose of performing a certain road widening project of
the City (the “Ashburton Parcel”); and the Journal News on March 8, 2006,
a Notice of Public Disclosure stating that the Redeveloper’s Statement for
Public Disclosure and Redeveloper’s Statement of Qualifications and
Financial Responsibility (Form HUD-6004) pertaining to the
redevelopment of the Project are available for public examination; and
WHEREAS, by Resolution No. 20-2006 adopted by the Agency on
June 22, 2006 in accordance with subsections (c) and (d) of Subdivision 2
in Section 507 of the General Municipal Law, the Agency designated the
Company, or an entity created, affiliated or related to the Company, as a
qualified and eligible sponsor for redevelopment of the Northern Portion of
the CDA Parcel and the Project subject to City Council approval, for a
period not to exceed six months from the date of City Council approval;
and
WHEREAS, on or about March 14, 2006, the Planning Board of the
City of Yonkers circulated its notice of intent to serve as lead agency
pursuant to the State Environmental Quality Review Act (“SEQRA”)
together with an EAF Part 1 regarding the “Proposed County
Administrative Building and Parking Structure” to be located at 10
Woodworth Avenue, also known as iPark frontage on Warburton Avenue,
Block 2015 Lot 100; and
WHEREAS, having received no challenges to its intent to act as
SEQRA lead agency, the Planning Board made a negative determination
of significance in accordance with SEQRA for the Project, which project
includes the Northern Portion of the CDA Parcel; and
WHEREAS, the road widening to affect the Ashburton Parcel was
addressed in the April 26, 2006 SEQRA Statement of Findings of the
Agency in connection with the Ashburton Avenue Urban Renewal Plan
and Master Plan; and
RESOLUTION (CONTINUED)
WHEREAS, in accordance with Resolution No. 2-2007 adopted by
the Agency on February 15, 2007, the Agency approved, subject to City
Council approval, a proposed land disposition agreement (the
“Agreement”) between the Agency and the Company which contemplates
the disposition of the Northern Portion of the CDA Parcel to the Company
in accordance with the provisions of subsection (d) of subdivision 2 in
Section 507 of the General Municipal Law of the State of New York, and in
accordance with Section 556 of said General Municipal Law; and
WHEREAS, the proposed Agreement, accompanied by a Summary
of the Principal Terms thereof, including the purchase price, attached
hereto as Exhibit “A” has been reviewed and considered by the Agency
and the City Council, and such summary has been published in The
Journal News on March 21,2008, and a public hearing on the disposition
of the Northern Portion of the CDA Parcel has been held by the City
Council in accordance with the provisions of subsection (d) of subdivision
2 in Section 507 of the General Municipal Law of the State of New York,
and in accordance with Section 556 of said General Municipal Law,
NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL
OF THE CITY OF YONKERS:
Section 1. That the designation of Harbor View Associates, LLC,
or an entity created, affiliated or related to the Company, as a qualified
and eligible sponsor is hereby approved for redevelopment of lands (or
portions thereof) in the I-Park Urban Renewal Area, including the Northern
Portion of the CDA Parcel which is located in Section 2, Block 2015, Lot
95 of the Tax Map of the City of Yonkers, and such designation shall
terminate upon the expiration of a period of six (6) months following the
date of this approval, unless prior to such expiration date, a land
disposition agreement and other disposition documents are executed by
all necessary parties.
Section 2. That the terms and conditions of the proposed
Agreement with the Company, or an entity created by, related to or
affiliated with the Company, for the redevelopment of the Northern Portion
of the CDA Parcel are hereby approved and the purchase price, the
acquisition of the Ashburton Parcel for a road-widening project, and other
terms and conditions, all as set forth in Exhibit “A” attached to this
Resolution are hereby found satisfactory and are approved.
RESOLUTION (CONTINUED)
Section 3. That the disposition of the Northern Portion of the
CDA Parcel to the Company is hereby approved subject to the terms and
conditions set forth in the Agreement, together with such changes as the
Chairman of the Agency may, on the advice of counsel, deem appropriate
and consistent with this resolution.
Section 4. That this resolution shall take effect immediately.
EXHIBIT A
Hudson View Associates, LLC
SUMMARY OF PRINCIPAL TERMS
OF LAND DISPOSITION AGREEMENT
a. Project. The northern portion of certain urban renewal
property owned by CDA and located in Section 2, Block 2015, Lot 95 (the
“Subject Property”) is to be conveyed by deed from the CDA to Hudson
View Associates, LLC (the “Company”), or an entity created, affiliated or
related to the Company upon the substantial completion of the following
project: the Subject Property and properties previously acquired by the
Company and located in Section 2 , Block 2015, Lot 100of the Tax Map of
the City of Yonkers, to be developed as an 100,000 square foot office
building and a parking deck which will be subject to a long-term lease by
the Company to the County of Westchester for administrative offices (the
“Project”).
b. Firm Commitment Letter. Within 90 days after the City
Council approves the Planning Board decision for the Project, the
Company will provide a firm commitment letter from a lender to finance the
Project. Subject to Unavoidable Delays, if the Company fails to obtain the
firm commitment letter from a lender, the Agreement will be terminated.
c. Closing Date. The Closing of title to the Subject Property
is to occur within 30 days of the Substantial Completion Date but not later
than the date of Final Completion of the Project .
d. Purchase Price. The Purchase Price for the Subject
Property is $80,000 together with a deed from the Company for the
Ashburton Avenue Parcel. Upon the delivery of the deed for the Subject
Property, the Company agrees to convey title to the Ashburton Avenue
Parcel (described below) to the City, at no cost.
Ashburton Avenue Parcel. Eighteen-foot right-of- way on
Ashburton Avenue for the purpose of performing a certain road
widening project of the City.
e. Planning Board/SEQRA. The Company, at its sole cost
and expense, will undertake all studies and applications required under
SEQRA and the Zoning Ordinance in connection with the requirements for
the Project, and will make any changes to the development plans which
are consistent with the terms of the Agreement and are reasonably
required by the Planning Board for the purposes of the approvals of the
Planning Board and the City Council. The Company further agrees that no
design modifications shall be made to the exterior of the building without
prior written approval from the Agency, which approval shall not be
unreasonably conditioned, delayed or withheld.
f. Infrastructure. The Company will pay for the infrastructure
and environmental remediation. Construction of the Project will
commence under the license provisions of Article XV of the Agreement
and if the Company is in default under the Agreement, the CDA will not
convey title to the Subject Property to the Company.
g. Full Real Estate Taxes. The Company will be required to
pay full real estate taxes on the Project and will not utilize any exemption
or payment-in-lieu -of-tax benefits.
RESOLUTION
6. BY COUNCIL PRESIDENT LESNICK, MAJORITY LEADER ANNABI,
MINORITY LEADER McLAUGHLIN, COUNCILMEMBERS, McDOW,
GRONOWSKI, MURTAGH AND BARBATO:
WHEREAS, HUDSON VIEW ASSOCIATES, the developer for
property known as the 10 Woodworth Avenue, more properly known as
Block 2011, Lot 1, Block 2015, Lot 100 and Block 2015, Lot 95 on the Tax
Assessment Map of the City of Yonkers has submitted an application for a
Special Use Permit to the City Council for said property for redevelopment
in accordance with Article VII and Article IX of the Zoning Code of the City
of Yonkers; and
WHEREAS, said application has previously been submitted to the
Planning Board of the City of Yonkers for its approval, and, after several
hearings, such approval has been granted; and
WHEREAS, upon review of the application and the record, this City
Council believes it to be in the best interest of the City to grant said
application.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the
City of Yonkers, in meeting assembled that the proposed Special Use
Permit should be granted; and be it further;
RESOLVED, that upon the record and findings of the Planning
Board with respect to the application submitted by STEVE PUSTOLA and
LYNN WARD on behalf of the developer for a Special Use Permit and for
Site Plan Review at Block 2011, Lot 1 Block 2015, Lot 100 and Block
2015, Lot 95 on the property known as 10 Woodworth Avenue, pursuant
to Article VII and IX of the Zoning Code of the City of Yonkers. The
decision and actions of the Planning Board of the City of Yonkers are
hereby approved, subject to the conditions set forth in the decision of the
Planning Board, such as but not limited to the following conditions, stated
in said decision, such as (1) The office building loading zones are to be in
the rear of the site, facing the court yard area of the building in iPark and
no loading will be allowed from Warburton Avenue. Loading and deliveries
of any sort and all trash removal will not be permitted from Warburton
Avenue and through the front door of the building due to impacts on
Warburton Avenue traffic.
RESOLUTION (CONTINUED)
(2) The applicant will forward for the City of Yonkers plans for the
Planning Director’s approval indicating the exact location for loading via a
common area in the existing fence. (3) The existing fence on Warburton
Avenue will be maintained and repaired where necessary.
The existing landscaping on Lot 95 will also be maintained in it current
form. (4) The proposed building will be constructed from the rear of the
site and no construction access will be permitted via Warburton Avenue
without the express permission of the Planning Board after review by the
Board. (5) Parking stall sizes and alignments as well as aisle width and
alignments may be altered with the approval of the City of Yonkers traffic
Engineer and the Planning Director to accommodate the placement of
columns. The traffic Engineer has discussed this issue with the Planning
Bureau staff and believes that the low turnover nature of the parking
structure allows for small deviations from the strict requirements of the
zoning ordinance. (6) No signage will be permitted beyond that shown on
the submitted plans and approved with the current application without the
prior review of the Planning Board. (7) No changed to the façade materials
or colors shall be permitted without the prior approval of the Planning
Board. (8) All approvals granted by the Planning Board and any conditions
attached to their approval shall remain in full force and effect for the life of
the use.
RESOLUTION
7. BY COUNCIL PRESIDENT LESNICK, MAJORITY LEADER ANNABI,
MINORITY LEADER McLAUGHLIN, COUNCILMEMBERS, McDOW,
GRONOWSKI, MURTAGH AND BARBATO:
RESOLVED, by the City Council of the City of Yonkers, in meeting
assembled:
That the settlement by the Corporation Counsel in the amount of
Six Hundred Seven Dollars and Thirty-Three cents ($607.33) of the action
entitled, “Manuel A. OBalde, (residing at 456 Marlborough Road, Yonkers,
New York, 10701), Plaintiff against THE CITY OF YONKERS, Defendant",
for property damage arising out of an incident alleging that on December
16, 2007, at approximately 11:00 am, a City of Yonkers vehicle hit the
plaintiff’s vehicle at Tuckahoe Road and Mile Square Road in Yonkers, be
and the same hereby is approved and the Comptroller of the City of
Yonkers is directed to draw his warrant in the amount of Six Hundred
Seven Dollars and Thirty-Three cents ($607.33) in favor of said plaintiff.
RESOLUTION
8. BY COUNCIL PRESIDENT LESNICK, MAJORITY LEADER ANNABI,
MINORITY LEADER McLAUGHLIN, COUNCILMEMBERS, McDOW,
GRONOWSKI, MURTAGH AND BARBATO:
RESOLVED, by the City Council of The City of Yonkers, in meeting
assembled:
That the settlement by the Corporation Counsel in the amount of
SEVENTY-FIVE THOUSAND AND 00/100 DOLLARS ($75,000.00) of the
action entitled “FELIX ROMAN and IRMA ROMAN (residing at 62
Saratoga Avenue, Apt. 3S, Yonkers, NY 10705) Plaintiffs, against the City
of Yonkers, Defendant”, for personal injury arising out of an occurrence on
December 5, 2003 wherein it is alleged that the plaintiff Felix Roman fell
on the sidewalk on Saratoga Avenue in front of 52 Saratoga Avenue in
the City of Yonkers, be and the same hereby is approved and the
Comptroller of the City of Yonkers is directed to draw his warrant in the
amount of SEVENTY-FIVE THOUSAND AND 00/100 DOLLARS
($75,000.00) in favor of said plaintiffs and their attorneys, Brand Brand
Nomberg & Rosenbaum, LLP.
RESOLUTION
9. BY COUNCIL PRESIDENT LESNICK, MAJORITY LEADER ANNABI,
MINORITY LEADER McLAUGHLIN, COUNCILMEMBERS, McDOW,
GRONOWSKI, MURTAGH AND BARBATO:
BE IT RESOLVED that the Yonkers City Council hereby gives
its advice and consent to the appointment of Harry Singh, to
the Zoning Board of Appeals, to fill out an unexpired three -year term,
which expires on December 31, 2010.
RESOLUTION
10. BY COUNCIL PRESIDENT LESNICK, MAJORITY LEADER ANNABI,
MINORITY LEADER McLAUGHLIN, COUNCILMEMBERS, McDOW,
GRONOWSKI, MURTAGH AND BARBATO:
BE IT RESOLVED, that the Yonkers City Council hereby gives its
advice and consent to the appointment of SHARON L. EBERT, A.I.A., as
Deputy Commissioner of Planning and Development , and be it further
RESOLVED, that this resolution shall take effect immediately.
RESOLUTION
11. BY COUNCIL PRESIDENT LESNICK, MAJORITY LEADER ANNABI,
MINORITY LEADER McLAUGHLIN, COUNCILMEMBERS, McDOW,
GRONOWSKI, MURTAGH AND BARBATO:
BE IT RESOLVED that the Yonkers City Council hereby gives
its advice and consent to the appointment of Anthony M. Landi, to
the Zoning Board of Appeals, for a three -year term to expire on
December 31, 2010.
RESOLUTION
12. BY COUNCIL PRESIDENT LESNICK, MAJORITY LEADER ANNABI,
MINORITY LEADER McLAUGHLIN, COUNCILMEMBERS, McDOW,
GRONOWSKI, MURTAGH AND BARBATO:
BE IT RESOLVED, that the Yonkers City Council hereby gives its
advice and consent to the appointment of CRAIG BERARDO as Deputy
Commissioner of Parks, Recreation and Conservation.
RESOLUTION
13. BY COUNCIL PRESIDENT LESNICK, MAJORITY LEADER ANNABI,
MINORITY LEADER McLAUGHLIN, COUNCILMEMBERS McDOW,
GRONOWSKI, MURTAGH AND BARBATO:
WHEREAS, included in the City Council’s 2006 State Legislative
Priorities packet is a request to amend the Public Authorities Law by
adding a new Section, Section 354-a, which will require the New York
state Thruway Authority to discontinue and remove the Yonkers toll plaza
located on the New York State Thruway either completely or for
passenger cars only, and
WHEREAS, in recent years we have seen how the removal of the
Spring Valley toll plaza has aided in the flow of passenger car traffic
through this area, and
WHEREAS, with approximately the same amount of traffic passing
through the Yonkers toll plaza, this area is experiencing the same traffic
impediments and delays that were experienced prior to the discontinuation
and removal of the Spring Valley toll plaza, and
WHEREAS, by facilitating travel between lower Westchester
County and Rockland County, in addition to removing the impediment to
the flow of traffic and, thereby, aiding residents in both Counties, the
removal of the Yonkers toll plaza will undoubtedly have a positive impact
not only on the Austin Avenue shopping complex in Yonkers, but also on
the Palisades Mall in West Nyack, and
WHEREAS, to accomplish this, A1555 sponsored by Assemblyman
Brodsky and S3181 sponsored by Senator Stewart-Cousins, is supported
by the Yonkers City Council.
BE IT FURTHER RESOLVED, that the Council requests the
passage of said legislation and, further requests that Governor Spitzer,
upon his review, sign the measure into law, and
RESOLUTION (CONTINUED)
BE IT FURTHER RESOLVED, that the City Clerk is hereby directed
to forward a duly certified copy of this Home Rule Message to the New
York State Legislature to each member of the Yonkers Delegation.
COMMITTEE REPORTS
