CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, NOVEMBER 24, 2009
1
Committee of the Whole 6:00 P.M.
Stated Meeting 5:30 P.M.
City Council Chambers
TIME:
PRESENT: PRESIDENT OF THE COUNCIL
CHUCK LESNICK
DISTRICT
2 MAJORITY LEADER 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 minute of silence
to invoke God’s guidance and Blessing upon our deliberations.
Minutes of the stated meeting held on November 10, 2009 and a Special Meeting
held on Tuesday, November 10, 2009 approved on motion of Majority Leader
Sandy Annabi.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, NOVEMBER 24, 2009
2
INDEX
OLD BUSINESS
ITEM DESCRIPTION PAGE
1. SO – DISCONTINUANCE OF CERTAIN PARCELS -
LOEHR PLACE AND MULFORD STREET 8
NEW BUSINESS
2. LOCAL LAW – SUSTAINABLE DEVELOPMENT (LEED) 9/15
3. GO –OFF STREET PARKING LOADING AND RELOADING 16/17
4. SO – GRANT YONKERS ANIMAL SHELTER ($140,000) 18
5. SO – GRANT – NYS DIV. OF CRIMINAL JUSTICE
JULIA DYCKMAN ANDRUS MEMORIAL 19
6. RES – SEQRA OFF STREET PARKING 20/21
7. RES – AUTHORIZING MAYOR TO EXECUTE GRANT
AGREEMENT – YKS ANIMAL SHELTER 22
8. RES - AUTHORIZING MAYOR TO EXECUTE GRANT
AGREEMENT – JULIA DYCKMAN MEMORIAL 23
9. RES – SETTLEMENT STATE OF NEW YORK ($87,899.71) 24
10. RES – SPECIAL USE PERMIT – LIVE – WORK BLDG
GREYSTON 25/28
11. RES – COMMISSIONERS OF DEEDS 29
12. RES – IMA – HOUSING IMPLEMENTATION FUND –
HOPE VI 30/31
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, NOVEMBER 24, 2009
3
INDEX
ITEM DESCRIPTION PAGE
13. RES – ECONOMIC DEVELOPMENT/RIVERVIEW II LP 32/34
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, NOVEMBER 24, 2009
4
COMMUNICATIONS FROM CITY OFFICIALS
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, NOVEMBER 24, 2009
5
COMMUNICATIONS GENERALLY
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, NOVEMBER 24, 2009
6
COMMITTEE OF THE WHOLE
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, NOVEMBER 24, 2009
7
PUBLIC HEARING
A PUBLIC HEARING ON A PROPOSED ORDINANCE CLOSING AND
DISCONTINUING CERTAIN PARTS OF PUBLIC STREETS KNOWN AS
LOEHR PLACE AND MULFORD STREET IN THE CITY OF YONKERS
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, NOVEMBER 24, 2009
8
OLD BUSINESS
SPECIAL ORDINANCE
1. BY COUNCIL PRESIDENT LESNICK, MAJORITY LEADER ANNABI,
MINORITY LEADER McLAUGHLIN, COUNCILMEMBERS McDOW,
GRONOWSKI, MURTAGH AND BARBATO:
AN ORDINANCE CLOSING AND DISCONTINUING CERTAIN PARTS
OF PUBLIC STREETS KNOWN AS LOEHR PLACE AND MULFORD
STREET IN THE CITY OF YONKERS
The City Council of the City of Yonkers hereby enacts and ordains:
Section 1. Loehr Place Narrowing. Pursuant to Section 29 and
subdivision 7 of Section 20 of the General City Law, it is hereby ordered
and directed that the portions of Loehr Place identified as street closing
areas on the Map titled New Street Opening and Existing Street
Adjustment, dated November 28, 2007 prepared by Langan Engineering
and Environmental Services, submitted to the City Council together with
this proposed Special Ordinance, be and hereby are closed and
discontinued as public street areas of the City of Yonkers, and the City
Engineer is hereby authorized and directed to change the Official Map of
the City of Yonkers to reflect such closing and discontinuance.
Section 2. Mulford Street Closing. Pursuant to Section 29 and
subdivision 7 of Section 20 of the General City Law, it is hereby ordered
and directed that the entire area of Mulford Street, as shown the Map titled
New Street Opening and Existing Street Adjustment, dated November 28,
2007 prepared by Langan Engineering and Environmental Services,
submitted to the City Council together with this proposed Special
Ordinance, be and hereby is closed and discontinued as a public street of
the City of Yonkers, and the City Engineer is hereby authorized and
directed to change the Official Map of the City of Yonkers to reflect such
closing and discontinuance.
Section 3. This ordinance shall take effect immediately.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, NOVEMBER 24, 2009
9
NEW BUSINESS
LOCAL LAW
2. BY MINORITY LEADER MCLAUGHLIN, COUNCIL PRESIDENT
LESNICK, MAJORITY LEADER ANNABI, COUNCILMEMBERS MCDOW
GRONOWSKI, MURTAGH AND BARBATO:
A LOCAL LAW AMENDING CHAPTER 56 OF THE CODE OF THE CITY
OF YONKERS ENTITLED BUILDING AND ELECTRICAL CODE TO ADD
A NEW ARTICLE XVII ENTITLED “SUSTAINABLE DEVELOPMENT”
Be it enacted by the City Council of the City of Yonkers as follows:
ARTICLE XVII, SUSTAINABLE DEVELOPMENT
Chapter 56 of the Code of the City of Yonkers entitled
“Building and Electrical Code“, is hereby amended, in part, by adding
thereto a new Article XVII entitled “SUSTAINABLE DEVELOPMENT” in
reference to Building Design and Construction to read as follows:
§ 56-190. Findings
The City Council of the City of Yonkers finds that there is an urgent need
to minimize the short term and long term negative impacts the built
environment has on the residents and natural environment in the City of
Yonkers and on the planet earth.
§ 56-191. Statement of Purpose
It is the purpose of this Article is to promote the public health, safety and
general welfare and to minimize adverse environmental impacts by
provisions designed to:
A. Provide owners and occupants of commercial (retail and office),
industrial, institutional, civic, multi-family and detached, semiattached,
town and row house type residential buildings with the
economic, environmental and health benefits of energy and water
savings;
B. Improve indoor air and water quality;
C. Reduce non-point source water pollution
D. Increase and promote environmentally sustainable surroundings.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, NOVEMBER 24, 2009
10
LOCAL LAW (CONTINUED)
§ 56- 192. Objectives.
The Objectives of this article are:
A. To benefit the community by having buildings constructed and/or
substantially rehabilitated in such a manner that they conserve energy and
are resource-efficient.
B. To reduce production and proliferation of greenhouse gases and
C. To reduce the overwhelming drain on the existing limited and
overstressed energy, stormwater and potable water and
transportation resources and infrastructure
D. To reduce the production of solid waste.
E. To ensure that those who develop and occupy buildings and
facilities in the City of Yonkers assume responsibility for the
environmental impacts of their actions
F. To provide that developers and occupants are notified that the City
of Yonkers is taking a leading role in promoting environmental
sustainability and energy conservation
§ 56- 193. Definitions.
“Commercial Building(s)” shall mean any commercial (retail and office),
industrial, institutional, civic, and as listed in Table 43-1 as Business,
Commercial and Office Uses and Public and Institutional Uses and
Apartment Houses including multi-family houses of three (3) families or
more.
“Residential Building(s)” shall mean any detached, semi-attached, single
family, two family town and row house dwellings and dwelling units as
defined in section 43-8 of this Code.
“GreenBuilding Rating System”shall mean the U.S. Green Building
Council’s (USGBC) Leadership in Energy and Environmental Design
(LEED) Rating Systems including LEED-NC (New Construction), LEEDEB
(Existing Buildings), LEED-CI (Commercial Interiors), LEED-CS (Core
and Shell) and LEED-ND (Neighborhood Development), excluding LEEDAGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, NOVEMBER 24, 2009
11
LOCAL LAW (CONTINUED)
H (Homes), or the Green Building Initiative’s Green Globes Rating
Systems or Substantially Similar Recognized Standard in effect at the time
this article is adopted for all construction and/or substantial rehabilitation
of all Commercial Buildings as of the date of enactment of this Article.
“ENERGY STAR RATING SYSTEM” shall mean the New York State
Energy Research and Development Authority’s (NYSERDA) Energy Star
rating system for all newly constructed and/or substantially rehabilitated
Residential Buildings in existence now and any future versions
promulgated by NYSERDA.
“SUBSTANTIAL IMPROVEMENT” shall mean any reconstruction,
rehabilitation, addition, or other improvement of a structure, the cost of
which equals or exceeds 50% of the assessed valuation of the structure
before the start of construction of the improvement. The term includes
structures which have incurred substantial damage, regardless of the
actual repair work performed. The term does not, however, include either:
A. Any project for improvement of a structure to correct existing
violations of state or local health, sanitary, or safety code
specifications which have been identified by the local code
enforcement official and which are the minimum necessary to
assure safe living conditions; or
B. Any alteration of an historic structure, provided that the alteration
will not preclude the structure's continued designation as an historic
structure by the City of Yonkers or National Register of Historic
Places.
“Governmental Benefits” shall mean the City or related City entity or any
Governmental Entity providing land, funding, tax exemption, or tax
abatement or an agreement for a Payment in Lieu of Taxes or Tax
Increment Financing, Variance from any requirement of the City Code,
Re-Zoning or Zone Creation or Amendment to the Zoning Code and PUR
zoning)
§ 56 - 194. Applicability.
This Local Law shall be applicable to all new construction and Substantial
Improvement of Commercial or Residential buildings that receive any
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, NOVEMBER 24, 2009
12
LOCAL LAW (CONTINUED)
governmental benefits as part of the development of such building (e.g.,
land, funding, tax relief, variance, re-zoning or zoning variance). The
provisions of this Article shall take effect six (6) months after the adoption
of this Article. In the event that after the effective date as described above
there is an amendment(s) in any of the aforementioned Green Building
Rating Systems then such amendments will only take effect for the
purposes of this article after the Yonkers City Council affirmatively adopts
the same.
§ 56-195. APPLICABLE STANDARDS, ADMINISTRATION, AND
BUILDING PERMIT AND CERTIFICATE OF
OCCUPANCY/COMPLETION REQUIREMENTS
A. Commercial Buildings
The USGBC LEED Silver certification or the substantially similar
certification according to the Green Building Initiative’s Green Globes
Rating Systems, 2 Globes or a Substantially Similar Recognized Standard
, shall be the minimum requirement of all new construction and
substantially rehabilitated Commercial Buildings.
B. Residential Buildings
The NYSERDA Energy Star certification shall be the minimum
requirement for all new construction and substantially rehabilitated
Residential Buildings. To achieve an Energy Star certification a
Residential Building shall attain a home energy rating of 84 or higher on
the current expanded Home Energy Rating System (HERS) Scoring
System adopted by the State of New York (which corresponds to an
Index of 80 or less as defined in the 2006 Mortgage Industry National
Home Energy Rating System Standards promulgated by the Residential
Energy Services Network (RESNET).
C. Administration
The City Building Commissioner and his staff in the Department of
Housing and Buildings shall administer and implement this article by
granting or denying Building Permits and/or as necessary Certificates of
Occupancy/Completion in accordance with its provisions.
D. Building Permit:
1. COMMERCIAL BUILDING: Every applicant for a building permit
for the new construction or substantial rehabilitation of a Commercial
Building shall provide to the Building Commissioner a LEED checklist or
similar form indicating a minimum rating of Silver or Two (2) Globes
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, NOVEMBER 24, 2009
13
LOCAL LAW (CONTINUED)
completed by a LEED Accredited Professional or similar 3rd Party
Accredited Professional. No Building Permit shall be issued for a
Commercial Building unless the initial review documentation demonstrates
that the proposed new construction and/or substantial rehabilitation work
in the Commercial Building has satisfied the requirements to attain LEEDSilver,
Green Globes Two (2) Globes, or Substantially Similar recognized
standard certification.
2. RESIDENTIAL BUILDING: Every applicant for a building permit
for new construction or substantial rehabilitation of a detached, semidetached,
town and row house type residential building shall provide to
the Building Commissioner an Energy Star checklist indicating an
minimum energystar rating completed by a New York State Home Energy
Rating Professional. No Building Permit shall be issued for a Residential
Building unless the Energy Star review documentation demonstrates that
the proposed new construction and/or substantial rehabilitation work in the
Residential Building has satisfied the requirements to attain Energy
Star certified status.
E. Certificate of Occupancy/Completion. The Commissioner of Buildings
shall determine whether the requirements under the permitting process
are implemented at each stage of construction, including, but not limited
to, at the foundation inspection, structural inspection, insulation inspection,
HVAC inspection and prior to the issuance of a final Certificate of
Occupancy. The Commissioner of Buildings may rely on a duly sworn
certification from an Accredited Professional 3rd Party Assessor and/or
New York State Home Energy Rating Professional that said inspections
were completed and that the above requirements were met. The
Commissioner of Buildings may conduct other inspections, as needed, to
ensure compliance with this Act.
1. Commercial Buildings
Prior to issuance of a Certificate of Occupancy the construction
and/or substantial rehabilitation work in a Commercial Building
must pass a test for combustion safety by an analyst certified by
the Building Performance Institute.
Prior to issuance of Certificate of Occupancy for a Commercial
Building, all field verification and testing requirements of the
applicable USGBC LEED Silver or Green Globes Two (2) Globe
rating or Substantially similar recognized standard shall be
satisfied.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, NOVEMBER 24, 2009
14
LOCAL LAW (CONTINUED)
2. Residential Buildings
Prior to issuance of a Certificate of Occupancy the construction
and/or substantial rehabilitation work in a Residential Building must
pass a test for combustion safety by an analyst certified by the New
York Power Authority.
Prior to issuance of Certificate of Occupancy for a Residential
Building, all field verification and testing requirements of the
NYSERDA Energy Star rating shall be satisfied.
§ 56- 196. Issuance of Certificate of Occupancy/Completion
A. Commercial Building: Certificate of Occupancy/Completion shall be
issued when the applicant produces documentation from an Accredited 3rd
Party Assessment Professional that the constructed and/or substantially
rehabilitated commercial, industrial, institutional, civic and/or multi-family
building has achieved sufficient points to attain LEED-Silver, Green
Globes Two (2) Globes or Substantially Similar recognized standard
certification. Upon preliminary certification and Pending final certification
from the respective rating entity the Building Commissioner may issue a
Temporary Certificate of Occupancy.
B. Residential Building: Certificate of Occupancy/Completion shall be
issued when the applicant produces documentation from a NYSERDA
HERS professional that the constructed and/or substantially rehabilitated
Residential Building has achieved an Energy Star HERS score of 84 or
better.
§ 56 – 197. Appeals; Variances.
1. The Yonkers City Council will have the sole discretion to grant
variances and decide appeals from the requirements of this article.
2. The Planning Board as established by the City of Yonkers shall hear
and make recommendations to the City Council regarding appeals and
requests for variances from the requirements of this article.
3. The Planning Board may recommend the granting of an appeal or
variance from any of the requirements of this act upon a finding that the
applicant has substantially complied with the applicable standard under
this article.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, NOVEMBER 24, 2009
15
LOCAL LAW (CONTINUED)
4. The burden shall be on the applicant to show the circumstances to
establish substantial compliance.
5. Any hearing held by the Planning Board for the purpose of an appeal in
accordance with this article shall be deemed a public hearing as defined in
this Zoning Code and require the applicant to provide notice and post
signs in accordance with same.
6. Upon a finding that the conditions of this Article have been satisfied, the
Planning Board may attach such conditions to its recommendations as it
deems necessary to further the purposes and objectives of this article.
7. Variances hereunder may only be issued upon a finding that the
variance requested is the minimum necessary, under the circumstances,
to afford relief.
8. The Planning Board shall deliver a written notice of its recommendation
and any conditions imposed along with the transcript of the proceedings to
the Department of Housing and Buildings which will maintain the records
of all appeal actions, including any technical information and also report
said recommendation with conditions and a transcript of the proceedings
to the City Council for City Council action within 45 days after the Planning
Board adopts a recommendation.
9. The City Council may approve, reject or approve with conditions the
recommendations of the Planning Board.
10. Those aggrieved by the decision of the City Council may appeal such
decision to the Supreme Court pursuant to Article 78 of the Civil Practice
Law and Rules.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, NOVEMBER 24, 2009
16
GENERAL ORDINANCE
3. BY COUNCIL PRESIDENT LESNICK, MAJORITY LEADER ANNABI,
MINORITY LEADER McLAUGHLIN, COUNCILMEMBERS McDOW,
GRONOWSKI, MURTAGH AND BARBATO:
A GENERAL ORDINANCE AMENDING SECTION 43-130 OF THE
ZONING CODE OF THE CITY OF YONKERS IN REGARD TO NEW
BUILDINGS OR STRUCTURES EXEMPT FROM PROVIDING OFFSTREET
PARKING AND LOADING.
The City of Yonkers, in City Council convened, does hereby ordain
and enact:
Section 1.Section 43-130 of the Zoning Code of the City of
Yonkers, entitled “New buildings or structures exempt from providing offstreet
parking and loading.” is hereby amended, in part, to read as
follows:
“Section 43-130. New buildings or structures exempt from providing
off-street parking and loading.
A. New buildings or structures or enlarged or otherwise altered
buildings or structures in the CB, DW, GC Districts shall be exempt from
providing new or additional off-street parking or loading spaces until
October 6, 2006, provided that no existing off-street parking or loading
spaces provided on the property shall be eliminated or reduced in number,
and except that the location, size or layout of such existing spaces may be
changed in conjunction with the site plan review.
B New Building or structures or enlarged or otherwise altered building
or structures in any historic district, already created at the time this
becomes effective, in the CB, DW, GC Districts shall be exempt from
providing new or additional off street parking and loading spaces for nonresidential
uses (except restaurant and eating and drinking
establishments) with less than or equal to 4000 SF per establishment up
to a total of 9000 square feet in total non-residential uses per building.”
Section 4. Chapter 43 Article X of the Zoning Code of the City of
Yonkers entitled “Off-Street Parking and Loading”, is hereby amended in
part by adding a new Section 138 entitled “ Reduced Parking
Requirements for certain Apartment Houses, Live-Work Buildings,
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, NOVEMBER 24, 2009
17
GENERAL ORDINANCE (CONTINUED)
Multifamily Dwelling Units and Multiple-family Dwelling Units.” which shall
read as follows:
“Section 43-137. Reduced Parking Requirements for certain Apartment
Houses and Live-Work Units
For new construction of Apartments and Live-Work Units within onequarter
(1/4) of a mile of an active train station used for passenger railtransportation
purposes, the minimum number of required parking spaces
shall be one parking space per apartment or live-work unit.”
Section 5. Chapter 43, Article X of the Zoning Code of the City of
Yonkers is hereby amended in part by adding a new footnote to be 43-4
Schedule of Parking Requirements to read as follows:
“Note: When an apartment unit or a live-work unit is within one quarter
(1/4) mile of an active passenger train station Section 43-138 shall apply.”
Section 6. This Ordinance shall take effect immediately.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, NOVEMBER 24, 2009
18
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 GRANT
BUDGET FOR FISCAL YEAR 2009/2010.
The City of Yonkers hereby ordains and enacts:
Section 1: The City’s Grant Budget for fiscal year 2009/2010 is hereby
amended by increasing revenues and appropriations for the Parks Department
for a grant from ASPCA relating to the Construction of the New Yonkers Animal
Shelter.
Increase Estimated Revenues
ASPCA 049-G18-1304-7149 $140,000.00
Increase Appropriation
Parks Dept. – Special Projects 049-G18-1304-0496 $140,000.00
Section 2: The unencumbered balance of such appropriation equals or
exceeds the estimated expenditures the City requires for such purpose during
the remainder of the budget year.
Section 3: This ordinance shall take effect immediately.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, NOVEMBER 24, 2009
19
SPECIAL ORDINANCE
5. BY COUNCIL PRESIDENT LESNICK, MAJORITY LEADER ANNABI,
MINORITY LEADER McLAUGHLIN, COUNCILMEMBERS McDOW,
GRONOWSKI, MURTAGH AND BARBATO:
A SPECIAL ORDINANCE AMENDING THE CITY OF YONKERS GRANT
BUDGET FOR FISCAL YEAR 2009/2010.
The City of Yonkers hereby ordains and enacts:
Section 1: The City’s Grant Budget for fiscal year 2009/2010 is
hereby amended by increasing revenues and appropriations for the
Planning Department for a grant from NYS Criminal Justice, for the
support of preventing juvenile delinquency, in conjunction with Julia
Dyckman Andrus Memorial.
Increase Estimated Revenues
NYS DCJS 049-G05-8901-7515 $74,199.00
Increase Appropriation
Special Projects 049-G05-8901-0496 $74,199.00
Section 2: The unencumbered balance of such appropriation
equals or exceeds the estimated expenditures the City requires for such
purpose during the remainder of the budget year.
Section 3: This ordinance shall take effect immediately.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, NOVEMBER 24, 2009
20
RESOLUTION
6. RESOLUTION OF THE YONKERS CITY COUNCIL AUTHORIZING THE
ISSUANCE OF A DETERMINATION OF SIGNIFICANCE PURSUANT TO
THE STATE ENVIRONMENTAL QUALITY REVIEW ACT (“SEQRA”)
RELATING TO THE AMENDMENT OF THE ZONING CODE OF THE
CITY OF YONKERS REGARDING OFF STREET PARKING.
WHEREAS, there is pending before the Yonkers City Council an
ordinance for the amendment of the Zoning Code of the City of Yonkers;
and
WHEREAS, the City Council has determined that the proposed
amendment of the Zoning Code is an Type I Action under the State
Environmental Quality Review Act (“SEQRA”) requiring the City Council to
comply with the regulations promulgated pursuant to SEQRA; and
WHEREAS, an Environmental Assessment Form has been
prepared to assist the City Council in complying with its responsibilities
under SEQRA; and
WHEREAS, The City Council has carefully considered the
proposed action and has reviewed the Environmental Assessment Form
and the criteria set forth in Section 617.7 of 6 NYCRR Part 617 of the
SEQRA regulations and has identified and carefully considered the
relevant areas of environmental concern as are fully set forth in said
Environmental Assessment Form to determine if the proposed action will
have a significant impact upon the environment; and
NOW THEREFORE, BE IT RESOLVED by the Yonkers City
Council that based upon it’s review of the Environmental Assessment
Form and for the reasons set forth in said Environmental Assessment
Form, it is determined that there will be no adverse impact on the
environment from the proposed amendment of the Zoning Code of the
City of Yonkers; and,
BE IT FURTHER RESOLVED, that the Council President is
authorized and directed to sign the Determination of Significance on the
Environmental Assessment Form, on behalf of the City Council pursuant
to Article 8 of the Environmental Conservation Law, indicating that the
proposed action will not result in any significant adverse environmental
impacts and to immediately transmit same to be filed and made available
pursuant to the requirements of 6 NYCRR Part 617; and
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, NOVEMBER 24, 2009
21
RESOLUTION (CONTINUED)
BE IT FURTHER RESOLVED, that this Resolution shall take effect
immediately.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, NOVEMBER 24, 2009
22
RESOLUTION
7. BY COUNCIL PRESIDENT LESNICK, MAJORITY LEADER ANNABI,
MINORITY LEADER McLAUGHLIN, COUNCILMEMBERS McDOW,
GRONOWSKI, MURTAGH AND BARBATO:
WHEREAS, the City of Yonkers has been awarded a $140,000
grant from the American Society of the Prevention of Cruelty to Animals
for the support of the Yonkers Animal Shelter and the building of the new
animal shelter; and
WHEREAS, the Mayor or the Commissioner of the Department of
Parks, Recreation and Conservation of the City of Yonkers is hereby
authorized to execute any documents necessary to receive such grant;
NOW, THEREFORE BE IT RESOLVED, that the City of Yonkers is
hereby authorized to obtain the funds available under the grant; and be it
further;
RESOLVED, that this resolution shall take effect immediately.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, NOVEMBER 24, 2009
23
RESOLUTION
8. BY COUNCIL PRESIDENT LESNICK, MAJORITY LEADER ANNABI,
MINORITY LEADER McLAUGHLIN, COUNCILMEMBERS McDOW,
GRONOWSKI, MURTAGH AND BARBATO:
WHEREAS, the State of New York, Division of Criminal Justice
Services (DCJS) has selected the City of Yonkers to participate in the
2009 Grant Award for the Juvenile Accountability Block Grant (DCJS #
JB0761206A, Contract Number C612063) from the New York State
Division of Criminal Justice Services for the support of preventing juvenile
delinquency in conjunction with the Julia Dyckman Andrus Memorial; and
WHEREAS, the total amount of this grant shall not exceed $74,199;
and
WHEREAS, the Mayor of the City of Yonkers is hereby authorized
to execute such Grant Agreement; and
NOW, THEREFORE BE IT RESOLVED, that the Mayor of the City
of Yonkers, or his authorized representative, is hereby authorized to
execute the Grant Agreement to provide for the support of preventing
juvenile delinquency in conjunction with the Julia Dyckman Andrus
Memorial for the Department of Planning and Development of the City of
Yonkers and to accept the award of $74,199; and be it further;
RESOLVED, that this resolution shall take effect immediately.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, NOVEMBER 24, 2009
24
RESOLUTION
9.. 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
EIGHTY SEVEN THOUSAND EIGHT HUNDRED NINETY NINE AND
71/100 DOLLARS ($87,899.71) of the action entitled, "STATE OF NEW
YORK, Plaintiff against THE CITY OF YONKERS, Defendant", for
expenses incurred by the State of New York from a period beginning on or
about March 24, 2003 to the present, for the costs associated with the
clean up and removal of petroleum product which was discharged in the
vicinity of 1130 Nepperhan Ave, on or about June 6, 1989. These
expenses were related to violations of Article 12 of the New York
Navigation Law, and the same hereby is approved and the Comptroller of
the City of Yonkers is directed to draw his warrant in the amount of
EIGHTY SEVEN THOUSAND EIGHT HUNDRED AND NINETY NINE
AND 71/100 DOLLARS ($87,899.71) in favor of said plaintiff the STATE
OF NEW YORK.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, NOVEMBER 24, 2009
25
RESOLUTION
10. BY COUNCIL PRESIDENT LESNICK, MAJORITY LEADER ANNABI,
MINORITY LEADER McLAUGHLIN, COUNCILMEMBERS McDOW,
GRONOWSKI, MURTAGH AND BARBATO:
WHEREAS, the Greyston Foundation, Inc. (the “Applicant”) is the
owner of the property located at 54 Warburton Avenue, Yonkers, which
property is also known and designated on the tax assessment map of the
City as 54 AKA 56 Warburton Avenue, Block 2017, Lots 3, 5, 6, 7, 8, 21,
22, 23, and 24 (the “Property”); and
WHEREAS, in July, 2007, on behalf of the Applicant, an application
was filed with the Zoning Board of Appeals for several area variances to
permit the construction of a sixteen (16) story “live-work” building
containing 108 workforce housing units and an approximately 8,200
square foot restaurant together with 147 parking spaces and related
infrastructure on the Property (the “Project”); and
WHEREAS, in October, 2007, persons unrelated to the Applicant
filed an “Application for Landmarking and Historic Districting” pursuant to
the City’s Historic and Landmarks Preservation Law (Chapter 45 of the
Yonkers City Code), requesting the establishment of an historic district
which would encompass the Property and other parcels in the immediate
vicinity of the Property (the “Landmark Application”); and
WHEREAS, the City’s Landmarks Preservation Board (the
“Landmark Board”) referred the Landmark Application to the Planning
Board of the City of Yonkers (the “Planning Board”) for its review and
recommendation as required under the Historic and Landmarks
Preservation Law; and
WHEREAS, on January 9, 2008, after considering the Landmark
Application at two (2) meetings, the Planning Board recommended against
the establishment of a historic district; and
WHEREAS, on February 26, 2008, after considering the Landmark
Application at two (2) meetings, the Landmark Board transmitted a
favorable report to the City Council for the establishment of a historic
district; and
WHEREAS, on April 22, 2008, the City Council voted unanimously
to establish the historic district; and
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, NOVEMBER 24, 2009
26
RESOLUTION (CONTINUED)
WHEREAS, in response to the establishment of the historic district,
the Applicant and its consultants redesigned the Project to preserve and
restore the facades of six existing structures located on the Property by
integrating them into the design of the proposed new building; and
WHEREAS, as redesigned, the Project consists of a twelve (12)
story “live-work” building containing 105 workforce housing units and
approximately 8,870 square feet of neighborhood retail space, together
with 151 on-site parking spaces and infrastructure (the “Modified Project”);
and
WHEREAS, on June 6, 2008, the Applicant submitted an amended
application (the “Amended Application”) to the Zoning Board of Appeals
for variances to permit the construction of the Modified Project; and
WHEREAS, the Amended Application also included an expanded
Full Environmental Assessment Form which included an expanded
narrative description of the Modified Project and additional supplemental
materials; and
WHEREAS, on December 24, 2008, an application for Site Plan
and Special Use Permit Approval for the construction of the Modified
Project was filed with the Planning Board (the application for Site Plan
Approval and Special Use Permit collectively referred to as the “Special
Use Permit Application”); and
WHEREAS, on January 9, 2009, the Zoning Board of Appeals,
acting as lead agency under the State Environmental Quality Review Act
for environmental review of the Modified Project and all related actions,
adopted a negative declaration of environmental significance; and
WHEREAS, on January 9, 2009, the Zoning Board of Appeals of
the City of Yonkers granted the Amended Application for variances to
permit construction of the Modified Project; and
WHEREAS, on February 11, 2009, following a duly noticed public
hearing (the “Public Hearing”), the Planning Board adopted a resolution
approving the Site Plan and Special Use Permit Application for the
Modified Project; and
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, NOVEMBER 24, 2009
27
RESOLUTION (CONTINUED)
WHEREAS, pursuant to Section 43-51 of the Yonkers Zoning
Ordinance, a Special Permit shall not be valid nor take effect until the City
Council approves the issuance of such Permit by an affirmative resolution;
and
WHEREAS, on February 18, 2009, in accordance with Section 43-
55 of the Yonkers Zoning Ordinance, the City Council received a transcript
of the Public Hearing and a copy of the Planning Board’s Resolution (the
“Findings and Decision”); and
WHEREAS, the City Council has duly considered the Special Use
Permit Application submitted by the Applicant, together with the transcript
of the Public Hearing, the Findings and Decision, and the criteria set forth
in Article VII of the Yonkers Zoning Ordinance; and
WHEREAS, the Modified Project remains subject to review and the
issuance of a Certificate of Appropriateness by the Landmark Board in
accordance with the City’s Historic and Landmarks Preservation Law; and
WHEREAS, no demolition, alterations or construction activities may
take place on the Property prior to the issuance of a certificate of
appropriateness by the Landmark Board;
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 for a Special Use Permit at Block
2017, Lots 3, 5, 6, 7, 8 & 21-24 on the property known as 54 AKA 56
Warburton Avenue, pursuant to Article VII, §§ 43-51, 43-74(C), 43-78 (C)
and Article IX of the Zoning Code of the City of Yonkers, the decision and
actions of the Planning Board are hereby approved, subject to the
following conditions:
(1) All improvements and conditions to the site shall remain in full
force and effect as long as the site remains occupied.
(2) The historic façade elements of the project and the aesthetic
design of the new elements of the project shall remain the responsibility of
the Yonkers Landmarks Preservation Board.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, NOVEMBER 24, 2009
28
RESOLUTION (CONTINUED)
(3) Each unit shall comply with the New York State Building and
Fire Prevention Code requirements at the time of occupancy. Any change
in use from resident to commercial, or from one commercial use to
another commercial use or from a commercial use to a residential use
shall require a new certificate of occupancy.
(4) No live-work unit is permitted on the first floor of any structure
(5) Vents and other air handling or ventilation equipment, excluding
residential type air conditioning sleeves, shall not be permitted to be
placed upon any principal façade of any live work building.
(6) No signs may be erected in any window or on any wall of the
building except for a one-foot by one foot flush mounted sign at the
building entry for any live-work use within the building. In the case of a
building devoted entirely to live-work units, an exception may be made
and a building identification or name sign may be permitted. Additionally a
three foot by two foot flush mounted directory sign may be permitted at
ground level immediately adjacent to the entrance of the building.
(7) Signage for the first floor commercial uses shall conform to the
Yonkers Sign Code. The initial signage provided for these uses shall be
reviewed by the Planning Board staff to insure a high level of graphic
quality.
(8) This building must conform to all of the conditions pursuant to §
43-78 (C) of the Yonkers Zoning Ordinance, the live-work requirements for
a special use permit.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, NOVEMBER 24, 2009
29
RESOLUTION
11. BY COUNCIL PRESIDENT LESNICK, MAJORITY LEADER ANNABI,
MINORITY LEADER McLAUGHLIN, COUNCILMEMBERS McDOW,
GRONOWSKI, MURTAGH AND BARBATO:
BE IT RESOLVED, that the following applicant(s) are hereby
appointed and/or reappointed to the office of Commissioner of Deeds for a
period of two years to expire on December 31, 2011.
Virginia Galatioto
7 Truesdale Place
Yonkers, New York 10705
M.H.A. RENEWAL
Frances Brenes
538 Riverdale Avenue
Yonkers, New York 10705
Law Firm NEW
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, NOVEMBER 24, 2009
30
RESOLUTION
12. BY COUNCIL PRESIDENT LESNICK, MAJORITY LEADER ANNABI,
MINORITY LEADER McLAUGHLIN, COUNCILMEMBERS McDOW,
GRONOWSKI, MURTAGH AND BARBATO:
A RESOLUTION AUTHORIZING THE MAYOR OR DEPUTY MAYOR TO
EXECUTE ANY AND ALL DOCUMENTS NECESSARY IN CONNECTION
WITH WESTCHESTER COUNTY’S HOUSING IMPLEMENTATION
FUND ON BEHALF OF ASHBURTON AVENUE I, LP IN SUPPORT OF
THE DEVELOPMENT OF THE ASHBURTON AVENUE HOPE VI SITE,
CONTAINING UP TO APPROXIMATELY 49 DWELLING UNITS FOR
SENIORS ON A PORTION OF THE PROPERTY
WHEREAS, ASHBURTON AVENUE I, LP, an affiliate of The
Richman Group Development Corporation (the “Developer”), the
developer for the Municipal Housing Authority for the City of Yonkers
(“MHACY”) has received site plan, special permit and subdivision
approvals from the Yonkers Planning Board to construct a 4 story building
containing approximately forty nine dwelling units for seniors as well as
community and laundry space, at the address 110-126 Ashburton Ave.,
Block: 2041, Lots:12, 14, 16, 18 and 21 (the “Project”); and
WHEREAS, pursuant to Resolution 143-2009, adopted by the City
Council on September 22, 2009, the City was authorized to convey the
property by Bargain and Sale Deed to the MHACY to lease to the
Developer in an “as-is” condition for the public purpose of providing
relocation housing for the Ashburton Avenue VI Project; and
WHEREAS, pursuant to the MHACY lease to the Developer, the
Developer shall construct the Project; and
WHEREAS, pursuant to Resolution 163-2006 adopted by the City
Council on September 26, 2006, the Mayor was authorized, among other
things, to apply for available funding under the County of Westchester (the
“County”) Housing Implementation Fund; and
WHEREAS, the County has agreed to make such funds available in
support of the Project pursuant to an intermunicipal agreement; and
WHEREAS, so as to comply with the County Housing
Implementation Fund Program, the City must grant an easement or other
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, NOVEMBER 24, 2009
31
RESOLUTION (CONTINUED)
recordable interest in the property to the County for the public
infrastructure improvements to be located in the public streets.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the
City of Yonkers that the Mayor or the Deputy Mayor is hereby authorized
to (i) execute any and all documents necessary to enter into an
intermunicipal agreement with the County; (ii) grant an easement or other
recordable interest in the property and adjoining city streets and lands to
the County for the public infrastructure improvements to be located in the
public streets; and (iii) execute any and all other documents necessary
and convenient to carry out this Resolution, including executing and any
other documents, certificates or affidavits as may be approved by the
Corporation Counsel of the City of Yonkers; and be it further
RESOLVED, that this Resolution shall take effect immediately.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, NOVEMBER 24, 2009
32
RESOLUTION
13. BY COUNCILMEMBER McDOW; COUNCIL PRESIDENT LESNICK,
MAJORITY LEADER ANNABI, MINORITY LEADER McLAUGHIN,
COUNCILMEMBERS GRONOWSKI, MURTAGH AND BARBATO:
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YONKERS
AUTHORIZING THE YONKERS ECONOMIC DEVELOPMENT
CORPORATION TO PROVIDE FINANCIAL ASSISTANCE TO THE
RIVERVIEW II, LP
WHEREAS, the City of Yonkers (the “City”) is tasked with the
responsibility and burden to promote the health, safety and general
welfare of the residents of the City by and among other things preventing
unemployment and economic deterioration including by increasing and
maintaining employment opportunities and attracting and sustaining
economically sound commerce;
WHEREAS, in furtherance of its public purposes, the City has
supported the provision of taxable and tax-exempt financing by the City of
Yonkers Industrial Development Agency (the “Agency”) and of certain
other financial incentives to for-profit entities and not-for-profit corporations
to promote the creation and preservation of employment opportunities for
residents of the City and development of economically sound commerce
consistent with the City’s burdens and responsibilities as expressed
above;
WHEREAS, there are occasions where financial assistance cannot
be provided by the Agency and/or will be delivered in a more cost effective
form through a not for profit corporation recognized by the City;
WHEREAS, the Yonkers Economic Development Corporation (the
“Corporation” or “YEDC”), was formed on May 30, 2007 as a not-for-profit,
local development corporation (“LDC”) pursuant to Section 1411 of the
Not-for-Profit Corporation Law (the “N-PCL”) of the State of New York (the
“LDC Act”) and its Certificate of Incorporation of the Corporation, as filed
by the Department of State May 31, 2007 (the “Certificate of
Incorporation”), for the purposes described in N-PCL Section 1411 and is
anticipated to provide financial assistance to the SFC Yonkers Project
where financial assistance cannot be provided by the Agency and/or will
be delivered in a more cost effective form through the Corporation;
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, NOVEMBER 24, 2009
33
RESOLUTION (CONTINUED)
WHEREAS, like the SFC Yonkers Project, there are portions or
whole projects that may be unable to access financial assistance through
the Agency and/or the financial assistance can be delivered in a more cost
effective form through the YEDC;
WHEREAS, Riverview II Preservation, LP originally had the Agency
issue $28,596,156 Multi-Family Housing Revenue Bonds (Riverview II
Preservation, LP Project), Series 2007 and now desires to refund said
bonds through a bond issuance by YEDC such that the project has access
to this form of financial assistance in the most cost effective manner;
WHEREAS, the Certificate of Incorporation and Bylaws of the
YEDC are presented to this meeting in the form attached; and
WHEREAS, to accomplish its job creation and other economic
development responsibilities and to relieve the governmental burdens
related to same, and to facilitate the ability of for-profit entities and not-forprofit
corporations to access capital for projects that enhance, create and
preserve employment opportunities for residents of the City, the City
desires to task the YEDC with such burdens and responsibilities and
authorize the YEDC to issue bonds on behalf of the City for such purposes
and to work cooperatively with the Agency to achieve such public
purposes; PROVIDED IN NO EVENT SHALL THE DEBTS OF THE YEDC
BE A DEBT OF THE CITY; and
NOW, THEREFORE, BE IT RESOLVED, that the City approves the
Certificate of Incorporation and the Bylaws; and be it
FURTHER RESOLVED, the City hereby designates the YEDC as
and on behalf of issuer of the City for the purposes of issuing bonds to
assist the Riverview II Preservation LP Project with the authority to
exercise on the City’s behalf all lawful powers as may be deemed
necessary to accomplish its public purposes including to enhance, create
and preserve employment opportunities for residents of the City, which
such powers shall include, but not be limited to, those powers described in
N-PCL Section 1411 and the Corporation’s Certificate of Incorporation,
with the power to issue tax-exempt and taxable bonds, notes, or other
obligations in furtherance of the Corporation’s purposes, provided
however that any obligations issued by the YEDC shall never be a debt of
the State of New York, the City or any political subdivision thereof and
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, NOVEMBER 24, 2009
34
RESOLUTION (CONTINUED)
neither the State of New York, the City or any political subdivision thereof
shall be liable thereon; and be it
FURTHER RESOLVED, that this resolution shall take effect
immediately.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, NOVEMBER 24, 2009
35
COMMITTEE REPORTS
