Yonkers City Council Meeting Tuesday November 24th at 6:00pm

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

Yonkers BOE Legal Retainer Agreement Available now on FOIL Yonkers

http://foilyonkers.blogspot.com/2009/11/yonkers-board-of-education-retainer.html

Ridge Hill Development Corporation Minutes and Resolutions 2005 now online at FOIL Yonkers

http://foilyonkers.blogspot.com/2009/11/ridge-hill-development-corporation.html

Ethics Board Meeting of November 12th Now Online at YonkersTV

http://yonkerstv.blogspot.com/2009/11/yonkerstv-exclusive-ethics-board.html

Green Policy Task Force Meeting Wednesday 18th at 6:30pm

The Next GPTF Meeting is Wed., Nov. 18 at 6:30 p.m.
Please be advised that a Green Policy Task Force Meeting has been scheduled for Wednesday, Nov. 18 at 6:30 p.m. in the Conference Room, Yonkers City Hall, 4th Floor. Our guest will be the new chairperson of the Yonkers Land Conservancy, Theresa Boin.

The following items will be on the Agenda:

1. Recycling
- School Meeting Update

2. Transportation
- anti-idling day press conference discussion
- bus grant

3. Energy
- implementation of Empower Program
- LEED/Energy Star Update

Any additional items that may properly come before this Committee.

Planning Board Meeting 11/18/2009 5:30 PM

Planning Board Meeting
11/18/2009 5:30 PM
City Hall - City Council Chambers
40 South Broadway

Environmental Policy & Protection Committee Meeting Tuesday, November 17th, 2009 at 6:00 P.M.

Please be advised that I have scheduled an Please be advised that I have scheduled an Environmental Policy & Protection Committee Meeting for Tuesday, November 17th, 2009 at 6:00 P.M. in the City Council Chambers, 4th Floor, City Hall.

The following item(s) will be discussed:

1. LEED Legislation
2. Misc. –to consider any other item(s) that may properly come before the Committee. in the City Council Chambers, 4th Floor, City Hall.

Estate Committee Meeting Tuesday, November 17, 2009 at 7:00 PM

Please be advised that a Real Estate Committee Meeting has been scheduled for Tuesday, November 17, 2009 at 7:00 PM in the Council Chambers, Yonkers City Hall, 4th Floor.

The following items will be on the Agenda:

1. General Ordinance – amending the City of Yonkers Zoning Ordinance as it pertains to new building or structure exempt from providing off-street parking and loading. (This affects the Downtown Historic District including the Greyston Workforce Housing Project.)

2. Resolution - approval of a Special Use Permit Application for an application for a Live-Work Building known as 54 aka 56 Warburton Avenue. (Also Greyston)

3. Inter-municipal agreement between City of Yonkers, Westchester County, Yonkers Parking Authority, US Department of Housing and Development, the owners of Cromwell Towers, SFC and Greyston Foundation to rehabilitate Cromwell Towers’ Parking Garage for use as a temporary parking for SFC construction workers during construction phase and additional parking for Greyston and other property owners on North Broadway.

4. Resolution – amending Chapter 43 of the Zoning Code of the City of Yonkers to create a new Historic Overlay Zone.

5. Discussion on the proposed Stew Leonard’s Sign and the ordinance that would allow it.

6. Any additional items that may properly come before this Committee.

Rules Committee Meeting 11/17/2009 6:30 PM

Rules Committee
11/17/2009 6:30 PM
Yonkers City Hall
40 South Broadway
Yonkers, New York 10701

NO AGENDA AVAILABLE AT TIME OF POSTING

Zoning Board of Appeals of the City of Yonkers on TUESDAY, NOVEMBER 17, 2009 at 6:00 P.M.

Zoning Board of Appeals
11/17/2009 6:00 PM
City Council Chambers
City Hall-4th Floor
Yonkers, New York 10701

AGENDA FOR ZONING BOARD OF APPEALS

PLEASE TAKE NOTICE: A Public Hearing will be held before the Zoning Board of Appeals of the City of Yonkers on TUESDAY, NOVEMBER 17, 2009 at 6:00 P.M. sharp, in the City Council Chambers, Yonkers, New York (building is accessible to the handicapped), on applications for Appeals from the Building Commissioner's decisions and applications for Variances under the provisions of G.O. # 4-2000, as amended:

DECISIONS:

#5131-B – Area Variance – James J. Veneruso, Esq. on behalf of Deirdre O’Marra (owner), on premises known as 641 aka 643 McLean Avenue, aka 68 South DeVoe Avenue, Block: 6004 Lot: 68, Zone: “B”.

#5164 – Area Variance – James G. Dibbini, Esq., on behalf of Catherine La Banca (owner), on premises known as 2 Royal Street, Block 5190, Lot 13, Zone: “T”.

# 5177 – Use & Area Variance – Snyder & Snyder, LLP on behalf of 1-3 Remsen Road Corp. (owner), & T-Mobile Northeast , LLC (lessee), on premises know as 1-3 Remsen Road aka 57 Newport Road, Block: 4350 Lot: 150, Zone: “MG”.

# 5179- Area Variance – John Imhof on behalf of Thepchai Vechkulwrapan (owner), on premises known as 629 aka 631 McLean Avenue, Block: 6002 Lot: 75, Zone: “B”.

# 5180 – Area Variance – Andrew Romano, Esq. on behalf of Robert Stevenson (owner), on premises known as 571 Mile Square Road, Block: 5039, Lot: 1, Zone: “T”.

# 5181 – Improvement of a Non-conforming Use – Andrew Romano, Esq. on behalf of City Harvest Church (owner), on premises known as 44 Hudson Street, Block: 502 Lot: 1, Zone: “DWD”.

# 5184 – Area Variance – Lana & Coppola on behalf of Pasquale Pellegrino (owner), on premises known as 32 aka 30 Thurman Street, Block: 459 Lot: 20, Zone: “M

# 5186 – Area Variance – Andrew Romano, Esq. on behalf of Leslie & Francis Prtit (owners), on premises known as 233 Westchester Avenue, Block: 4698 Lot: 29, Zone: “S-50”.

# 5187 – Area Variance – Andrew Romano, Esq. on behalf of Jerzy Karpiak (owner), on premises know as 742 Palisade Avenue, Block: 3036 Lot: 17, Zone: “M”.

# 5188 – Area Variance – Andrew Romano, Esq. on behalf of Design Builders Pension (owner), on premises known as 174 Sterling Avenue, Block: 6287 Lot: 37, Zone: “T”.

# 5190 – Area Variance & Improvement to a Non-Conforming Use Michael McCann, Architect on behalf of Marcos Rada (owner), on premises known as 151 Buena Vista Avenue, Block: 510 Lot: 38, Zone: “CM”.

NEW HEARINGS

#5191 – Area Variance & Improvement to a Non-Conforming Use – Michael G. Calvi, P.E. on behalf of kalhed Awwad (owner), for the addition of a 1-story rear addition with 2-story stair enclosure & attic dormer to existing non-conforming 2-family dwelling.. Exceeding maximum permitted height (required 2 ½ stories/35’; proposed 3 stories+/not shown), provide average grade computations. Prior to application to ZBA provide documentation to substantiate this as a legal 2-family dwelling. Improvement to a non-conforming use requires ZBA approval as per Section 43- 21G, on premises known as 105 Ridgewood Avenue, Block: 6335 Lot: 20, Zone: “S-50”.

# 5192 – Area Variance – Andrew Romano, Esq. on behalf of Iglesia Bautista (owner), to construct a 2-story addition in the rear of an existing 1-family dwelling with church. Having insufficient side-front yard, Section 43-27, Table 43-3 (required 50ft; proposed 26.36ft+/-). Insufficient rear yard, Section 43-27, Table 43-3 (required 50ft; proposed 27.33ft+/-). Insufficient front yard, Section 43-27, Table 43-3 (required 50ft; proposed 9.29ft+/-). Insufficient parking, Section 43-128 & Table 4 (required 15; proposed 10). Parking within the minimum front yard not permitted, as per Section 43-133A.1 (for space #11). Parking within 5’ of all property lines not permitted, as per Section 43-44.B.5. Parking within 10’ of a building on the same lot not permitted as per Section 43-44.B.5. Insufficient back-up space (required 24’; proposed 23’ +/-) as per Section 43-134.A.12. Parking within 10’ of a right-of-way not permitted, per Section 43-134A (3), on premises known as 115 Beech Street, Block: 461 Lot: 1, Zone: “M”.

# 5193 – Area Variance – Riverview II Preservation, LP on behalf of Mark E. Carbone (owner), to refurbish the existing trash enclosure with a masonry block wall with black vinyl coated chain link gates. Whereas, fences and walls shall not exceed four feet (4’) in the minimum front yard as per Section 43-41(P) (proposed 6’; required 4’), on premises known as 30 Hawthorne Avenue aka 47 Riverdale Avenue, Block: 505 Lot: 200, Zone: “BA”.

# 5194 – Appeal from an Interpretation by the Commissioner of Buildings – Riverview II Preservation, LP on behalf of Mark E. Carbone, (owner), for the inclusion of an architectural panel on the veneer wall on the existing multiple dwelling. Whereas, the proposed façade is considered a sign and must comply with chapter 47 of the Yonkers City Code or seek a variance from the Planning Commissioner, on premises known as 30 Hawthorne Avenue aka 47 Riverdale Avenue, Block: 505 Lot: 200, Zone: “BA”.

#5195 – Area Variance – Dimovski Architecture PLLC on behalf of Mark Sheehan (owner), for a 1-story addition in the rear of an existing 1-family dwelling for a family room & dinette. Having insufficient side yard, as per Section 43-27, Table 43-3 (required 5.0’ minimum; proposed 3.71’), on premises known as 1 Lindbergh Place, Block: 4723 Lot: 39, Zone: “S-50”.

# 5196 – Area Variance – Peter Rossi on behalf of himself (owner), to allow a portico to remain as built in the front of newly constructed 1-family dwelling. Having insufficient front yard (2ft. encroachment): a canopy projecting not more than 3’ into the front yard is permitted. The proposed projection is 5ft. (19.4ft. permitted minimum front yard minus 14.4’ to canopy from front property line) per Section 43-33.P.1.f.), on premises known as 42 Rushby Way, Block: 5482 Lot: 98, Zone:” S-50”.

# 5197 – Area Variance – Andrew Romano, Esq. on behalf of Dino Odoardi (owner), for the expansion of an existing convenience store. Having insufficient parking, Section 43-128 & Table 4 (required 9 spaces; proposed 0) per Section 43-128, Table 43-4, on premises known as 321 New Main Street, Block: 190 Lot: 2, Zone: “C”.

# 5198 – Area Variance Design Development on behalf of Charles & Susan Groppe (owners), to expand a wood deck in the rear of an existing semi-attached 1-family dwelling. Having insufficient rear yard, as per Section 43-27, Table 43-3 (required 25’; proposed 20’ (scaled)), on premises known as 32 Roundtop Road, Block: 4402 Lot: 382, Zone; “S-100”.

# 5199 – Area Variance –Jean Ann Vene on behalf of herself (owner), to allow the portico on the front of an existing 1-family dwelling to remain as built. Whereas, the roofed front stair landing encroaches into the required front yard. Variance required as per Section 43-33J (2) (required 18.04’; proposed 13.25’+/-), on premises know as 132 aka 136 Young Avenue, Block: 4297 Lot: 39, Zone: “S-50”.

JOSEPH CIANCIULLI

CHAIRMAN, ZBA

River Communities Coalition of Yonkers Alert

RCCY
River Communities Coalition of Yonkers


ALERT

353 Unit Proposal for 1105 Warburton Ave on
Planning Board Agenda

Date: Wednesday, November 18, 2009
Time: 5:30 p.m.
Location: Yonkers City Hall
40 South Broadway - 4th floor
Yonkers, NY 10701

GDC is once again slated to come before the Planning Board with it's proposal for a 353 unit hi-rise development at 1105-1135 Warburton Ave.

RCCY continues to oppose this scheme - even more so now that the data in the initial Environmental Impact Statement (EIS) is over 7 years old.

What can you do?

Attend Wednesdays meeting and contact the Planning Board to demand a new EIS that reflects current area conditions (as per email alert below from 10/25/09)
++++++++++++++++++++++++++++++++++++++++++++++++++++++


Good Evening,

The 353 unit Ginsburg Riverclub project (1105-1135 Warburton Ave) is likely to come before the Yonkers City Planning Board in November.

Below is a letter from Kathryn Spann (longtime RCCY member) to the Yonkers Planning Board citing the need for a supplemental environmental impact statement (SEIS) before any more approvals are issued.

It is critical that you submit your written comments to the Planning Board on this item now.

Comments to the Yonkers Planning Board can be submitted via email c/o Colleen Roche colleen.roche@yonkersny.gov with cc's to Sharon Ebert, Deputy Commissioner for Planning & Development sharon.ebert@yonkersny.gov and Lee Ellman, Planning Director lee.ellman@yonkersNY.gov

Thank you,

Mike Hertz

+++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++



October 23, 2009

Sharon Ebert sharon.ebert@yonkersny.gov

Deputy Commissioner for Planning & Development

Roman Kozicky c/o colleen.roche@yonkersny.gov

Chairman, Yonkers Planning Board

Lee Ellman lee.ellman@yonkersNY.gov

Planning Director

City of Yonkers

87 Nepperhan Avenue

Yonkers, New York 10701

Re: 1105-1135 Warburton Avenue, application for site plan approval

Dear Commissioner Ebert, Chairman Kozicky, Members of the Planning Board, and Mr. Ellman:

I am the owner of 1178 Warburton Avenue, and a founding member of the River Community Coalition of Yonkers. We have followed the submissions by Ginsburg Development Corporation since 1999, when they first sought site plan approval. I write to detail the factual and legal reasons why a supplemental environmental impact statement (“SEIS”) is necessary now.

In connection with that original application, the Planning Board required the preparation of an environmental impact statement under both the federal National Environmental Policy Act (“NEPA”) and SEQRA. This was adopted as a final EIS in 2002. Since that time, the neighborhood has experienced a series of environmental catastrophes related to construction failures on steep slope sites, or related to stormwater runoff on such slopes. These include the north and south side collapses at the 1077 Warburton Avenue site, which impaired neighboring properties, and required significant remediation of the adjacent street and sidewalk, as well as the slope failure and massive sewer line breach at the River Club site itself, with the resulting discharge of more than 7 million gallons of sewage into the adjacent Hudson River. Prompted by these events, the City Council this summer approved a petition to rezone approximately 25 acres in the immediate vicinity of the River Club site. Indeed, the River Club site was originally included within the rezoning proposal, and was excluded solely because of its (now expired) site plan approval. Further, City Council President Chuck Lesnick and City Council member Joan Gronowski have now submitted a draft steep slope ordinance, which should properly govern the new site plan application for the River Club site. These issues of slope were passed over in the original EIS, which simply noted that “Site topography is generally steep (greater than 15%) adjacent to Warburton Avenue and becomes flat at the site. Wetlands/flood plain area is in the western half of the site (Fig. 4.1-3). Approximately 50% of the site has slopes that exceed 15% (Fig. 4.1-4).” Page 4.1-2 (Section 4.0 Existing Conditions, Potential Impacts and Proposed Mitigation Measures; subsection 4.1 Soils & Topography; paragraph 4.1.1 Existing Conditions). The specific slope area and locations (for example, what portion of the property contains slope greater than 30%? Greater than 25%?). Consequences of that slope are not addressed at all, nor are any possible mitigation measures. This topic was not an area of focus for the developer, the lead agency, or frankly the community at that time. Subsequent events have, however, revealed the instability of these slopes and the importance of ensuring a full analysis of these environmental factors and potential impacts.

In addition to these events, the traffic study is now grossly outdated, in light of the extensive construction which has occurred or been approved since completion of the original EIS. Specifically, these projects include:

The office and retail building at 1034 North Broadway

St. John’s Riverside Hospital’s opening of the Michael Malotz Nursing Home, entrance on Odell Ave.

The Remi residential tower under construction at Warburton & Odell Avenues

Nine units approved for construction at 1104 Warburton Avenue

The increased traffic due to the rising intensity of commercial activity in the Executive Blvd. corridor as evidenced by the conversion of the Schott warehouse on Enterprise Blvd. to office space now occupied by Montefiore Medical Center.

A children’s hospital approved for the Southwest Executive Park.

Multiple commercial and retail proposals for the former Boyce Thompson property at North Broadway & Executive Blvd.

Two newly opened hotels off of Executive Blvd.

A credit union off of Executive Blvd.

Verizon switching center off of Executive Blvd.

A newly opened round-the-clock animal hospital off of Executive Blvd.

Increased commercial activity at the Stew Leonard Drive retail district which has lead to abysmal conditions along Jackson Avenue.

The mixed use village under construction at Ridge Hill which will severely impact Tuckahoe Road as well as Jackson Avenue.

Collins Corporation’s waterfront apartment rental complex.

Approval of the SFC project.

Hope V proposal to remove Mulford Gardens and rebuild the Ashburton Ave. corridor.

Approval of the mixed use proposal for the Alexander St. urban renewal area.

Various actual and proposed housing in Getty Square (i.e. Trolley Barn,

Lofts at 25 North Broadway, 45 North Broadway, Teutonia Hall, 66 Main Street, etc.)

Proposals for reuse of the Glenwood power plant.

These substantial changes since the last EIS warrant, at a minimum, a supplemental EIS to address the steep slope issues and the traffic issues.

Federal and state law provide similar standards governing the question of when a SEIS is required.

“The primary function of an environmental impact statement under NEPA is to insure a fully informed and well-considered decision[.]” Sierra Club v. U.S. Army Corps of Engineers, 702 F.2d 1011, 1029 (2d Cir. 1983). To accomplish this, “the EIS must set forth sufficient information for the general public to make an informed evaluation and for the decisionmaker to consider fully the environmental factors involved and to make a reasoned decision after balancing the risks of harm to the environment against the benefits to be derived from the proposed action.” Id. The standard for when an SEIS is required is set out in the federal regulations at 40 C.F.R. 1502.9(c)(1):

Agencies (1) shall prepare supplements to either draft or final environmental impact statements if: (i) The agency makes substantial changes in the proposed action that are relevant to environmental concerns; or (ii) There are significant new circumstances or information relevant to environmental concerns and bearing on the proposed action or its impacts.

“An agency’s obligations under NEPA do not end with the preparation of an EIS. The agency may be required to prepare an SEIS if there are significant new circumstances or information relevant to environmental concerns and bearing on the proposed action or its impacts,” specifically when “the new information shows [an] effect [on] the quality of the human environment in a significant manner or to a significant extent not already considered.” Natural Resources Defense Council v. Raritan Baykeeper, Inc., 399 F. Supp. 2d 386, 397 (SDNY 2005) (holding that Army Corps erred in failing to prepare an SEIS prior to dredging, in light of new designation of dredging site as part of Superfund study site). “Close calls should be resolved in favor of preparing an SEIS.” Id.

SEQRA has a similar standard. The lead agency may require an SEIS where “specific significant adverse environmental impacts [were] not addressed or inadequately addressed in the EIS [and] arise from (a) changes in the project; (b) newly discovered information; or (c) a change in circumstances related to the project.” See 6 NYCRR 617.9(a)(7)(k). A decision to require an SEIS due to newly discovered information must be based on (a) the importance and relevance of the information and (b) the present state of the information in the EIS. 6 NYCRR 617.9(a)(7)(ii). “Basically, an SEIS is required where there are environmentally significant changes after the FEIS.” Riverkeeper v. Planning Bd. Of Town of Southeast, 32 A.D.3d 431 (2d Dept. 2006) (requiring preparation of SEIS in light of newly approved subdivisions near the subject property, and changes in governing regulations and regulatory environment since completion of FEIS). See Matter of Doremus v. Town of Oyster Bay, 274 A.D.2d 390 (2d Dept. 2000) (finding that town failed to meet its SEQRA obligation when it approved application based on 10-year-old FEIS, in light of passage of time and failure of original EIS to consider possible mitigation alternatives).

In reviewing a lead agency’s determination under SEQRA, the New York courts have sought to ensure that the lead agency identified the relevant areas of environmental concern, took a hard look at them, and made a reasoned elaboration of the basis for its determination – whether or not that determination ultimately requires the preparation of an SEIS. See Matter of County of Orange v. Village of Kiryas Joel, 44 A.D.3d 765 (2d Dept. 2007) (finding that amendment of FEIS, rather than preparation of SEIS, was proper where the problem was a deficiency in the original FEIS, and not a change in the project, newly discovered information, or a change in circumstances related to the project).

We respectfully submit that GDC’s new application for site plan approval must, under both NEPA and SEQRA, trigger the preparation of a supplemental EIS to address the significant impacts presented by the construction of 353 units on the 4.5 acre steeply sloped site, in light of the events which have occurred since approval of the FEIS and in light of the new zoning and regulatory environment. Likewise, the extensive buildout along the traffic corridors which serve the River Club site must trigger an SEIS to fully reevaluate the current traffic impacts and environment.

As the Board considers GDC’s new application, we also ask it to require the posting of a performance bond. Section 43-109 of the Yonkers Code permits the Board to condition site plan approval on the applicant’s posting of a performance bond, which can specify the time within which the improvements must be completed, and can require that the improvements be of satisfactory “soundness and integrity”. Such a condition is particularly appropriate whenever steep slopes are involved, or other technically complex developments are at issue. Had a performance bond been required for the Remi and 1104 Warburton sites, they could have been restored to something other than erosion-prone excavation sites when the projects failed. No developer is immune from financial collapse, particularly in this economic climate. Given the steep slopes in our area, our neighborhood remains uniquely vulnerable to the consequences of abandoned development projects.

Thank you for your consideration of these issues.

Sincerely,

Kathryn C. Spann


Kathryn6668@yahoo.com

Ethics Board Meeting of November 12th Now Exclusive to YonkersTV

http://yonkerstv.blogspot.com/2009/11/yonkerstv-exclusive-ethics-board.html

Pfizer to Leave after Eminent Domain Fight: New York Times

http://www.nytimes.com/2009/11/13/nyregion/13pfizer.html?_r=1&emc=eta1&pagewanted=print

25 Story Green Development for Teutonia Hall Yonkers

http://www.lohud.com/article/20091109/NEWS02/911090315/1246/NEWS0224/Yonkers--Teutonia-Hall-developer-pitches-25-story-tower

Eminent Domain Coming To DownTown Yonkers?

http://www.lohud.com/article/20091109/NEWS02/911090326/1246/NEWS0224/Yonkers-may-seize-downtown-properties-through-eminent-domain-

City of Yonkers Ethics Board Meeting November 12th at 7pm

Ethics Board Meeting
11/12/2009 7:00 PM - 8:30 PM
City Hall - 40 South Broadway
2nd Floor - Mayor's Reception Room

NO AGENDA AVAILABLE AT TIME OF POSTING

How NYC Does Building Design

http://nymag.com/arts/architecture/features/61724/

SPECIAL MEETING OF THE CITY COUNCIL Tuesday November 10th at 8pm

I, THE UNDERSIGNED PRESIDENT OF THE CITY COUNCIL, PURSUANT TO RULE 1 (2) OF THE CITY COUNCIL RULES, DO HEREBY CALL A SPECIAL MEETING OF THE CITY COUNCIL, TO BE HELD ON TUESDAY, NOVEMBER 10, 2009 IN THE CITY COUNCIL CHAMBERS, FOURTH FLOOR, CITY HALL, YONKERS, NEW YORK AT 8:00 P.M. FOR THE FOLLOWING PURPOSE:

TO DISCUSS AND TAKE ACTION ON:

1. A SPECIAL ORDINANCE CLOSING AND DISCONTINUING CERTAIN PARTS OF PUBLIC STREETS KNOWN AS LOEHR PLACE AND MULFORD STREET IN THE CITY OF YONKERS.

2. ALL OTHER BUSINESS PROPERLY COMING BEFORE THE COUNCIL.

New Main Street Development Corporation Meeting Tonight at 5:00pm City Hall

New Main Street Development Corporation Meeting Tonight at 5pm City Hall.

Municipal Operations Committee Meeting for Wednesday, November 4th at 7:00pm

Please be advised that we have scheduled a Municipal Operations Committee Meeting for Wednesday, November 4th at 7:00pm or immediately following Rules Meeting, in the Council Chambers, 4th Floor, and City Hall. The following item(s) will be on the agenda:

1. A review of a long standing problem of water damage and erosion to private and city property along the upper Warburton Avenue corridor predominately on the eastside.

2. Misc. - to consider any other item(s) that may properly come before the Committee.

We ask the Administration to please have Planning’s Department, Lee Ellman, Commissioners’ Moran, Liszewski, Meyer and any other appropriate representatives attend so they can address issues relating to their departments. State Representatives have been invited to attend.

We are also requesting that this meeting be televised.

Thank you,

Yonkers IDA Meeting Friday November 6th 9:00am

Board Meetings Yonkers IDA
November 6, 2009
9:00am
Mayor's Reception Room
City Hall, Yonkers NY

Meeting to include Collins II Tax resolution, Approval of SFC resolution, Riverview II refunding, 2010 IDA Budget.
To see the agenda go to:

http://www.yonkersida.com/publications.php

LANDMARKS PRESERVATION BOARD MEETING WEDNESDAY NOVEMBER 4, 2009 AT 7PM

MEETING AGENDA

FOR A REGULAR MEETING OF THE LANDMARKS PRESERVATION BOARD TO BE HELD ON WEDNESDAY NOVEMBER 4, 2009 AT 7PM IN THE CEREMONIAL COURTROOM, CITY HALL, 4TH FLOOR.

DEMOLITION
PERMIT
REVIEW

1. REVIEW OF A PERMIT TO DEMOLISH A GARAGE AT 30 ESSEX PLACE TO DETERMINE THE WORTHINENSS OF LANDMARKING PURSUANT TO EXECUTIVE ORDER DATED JUNE 6, 2008.

DEMOLITION
PERMIT
REVIEW

2. REVIEW OF A PERMIT TO DEMOLISH A GARAGE AT 53 CASSILIS AVENUE TO DETERMINE THE WORTHINENSS OF LANDMARKING PURSUANT TO EXECUTIVE ORDER DATED JUNE 6, 2008.

CERTIFICATE OF
APPROPRIATENESS

3. REVIEW AND VOTE ON THE PROPOSAL FOR A ONE STORY ADDITION AND FAÇADE ALTERATIONS AT 51 DELLWOOD CIRCLE, BLOCK: 5587, LOT: 39 IN THE CEDAR KNOLLS HISTORIC DISTRICT.


CERTIFICATE OF
APPROPRIATENESS

4. REVIEW AND VOTE ON AN APPLICATION TO REPLACE REAR PATIO AND STEPS AT 144 BIRCHBROOK ROAD, BLOCK: 5585, LOT: 89 IN THE CEDAR KNOLLS HISTORIC DISTRICT.

CERTIFICATE OF
APPROPRIATENESS

5. REVIEW AND VOTE ON THE PROPOSAL FOR REMOVAL AND REPLACEMENT OF DECK, STAIRS AND PATIOS AT 16 BEECHMONT AVENUE, BLOCK: 5598, LOT: 39 IN THE CEDAR KNOLLS HISTORIC DISTRICT.

CERTIFICATE OF
APPROPRIATENESS

6. REVIEW AND VOTE ON THE PROPOSAL FOR CONVERSION OF GARAGE TO LIVING SPACE, NEW FENCE AND GATE, PATIO WITH PATIO DOORS, MODIFICATION/EXPANSION OF EXISTING DRIVEWAY, NEW SIDE ENTRANCE WITH COVERED ENTRY AT 137 CEDAR LANE, BLOCK: 5596, LOT: 57 IN THE CEDAR KNOLLS HISTORIC DISTRICT.

CERTIFICATE OF
APPROPRIATENESS

7. REVIEW AND VOTE ON THE PROPOSAL FOR REPLACEMENT OF SHINGLE ROOF, GUTTERS, LEADERS, FASCIA, WINDOWS, REPAINT/STAIN SIDING, ALTER LOCATION OF CHAIN LINK FENCE AND GATE AND REPAVE DRIVEWAY AT 272 PONDFIELD ROAD WEST, BLOCK: 5605, LOT: 7 IN THE CEDAR KNOLLS HISTORIC DISTRICT.

CERTIFICATE OF
APPROPRIATENESS

8. REVIEW AND VOTE ON AN APPLICATION TO REPLACE THE WINDOWS OF AN ENCLOSED PATIO AT 8 BIRCHBROOK ROAD, BLOCK: 5580, LOT: 82 IN THE CEDAR KNOLLS HISTORIC DISTRICT.


CERTIFICATE OF
APPROPRIATENESS

9. REVIEW AND VOTE ON THE PROPOSAL FOR REMOVAL OF TWO TREES AT 575 NORTH BROADWAY, BLOCK: 2138, LOT: 1, A LOCAL LANDMARK.

DESIGNATION OF
DESIGN REVIEW
COMMITTEE

10. DESIGNATE A DESIGN REVIEW COMMITTEE FOR THE PROPOSAL TO RESTORE PORTIONS OF THE BUILDINGS, AND CONSTRUCT AN APARTMENT BUILDING AND PARKING GARAGE ON THE PROPERTY KNOWN AS 56 AKA 54 WARBURTON AVENUE AKA THE WARBURTON RIVERVIEW WORKFORCE HOUSING AT BLOCK: 2017, LOTS: 20, 21, 22, 23 & 24 IN THE PHILIPSE MANOR HISTORIC DISTRICT.

BOARD
MINUTES
11. MINUTES OF THE SPECIAL MEETING HELD ON
WEDNESDAY, JULY 22, 2009
BOARD
MINUTES
12. MINUTES OF THE REGULAR MEETING HELD ON
WEDNESDAY, AUGUST 5, 2009
BOARD
MINUTES
13. MINUTES OF THE SPECIAL MEETING HELD ON
WEDNESDAY, AUGUST 18, 2009

G:\Dept\Landmarks Board\LPB 809 Agenda .doc

Green Policy Task Force Meeting November 4th at 6:30pm

Green Policy Task Force Meeting
11/4/2009 6:30 PM
Beczak Environmental Center
35 Alexander Street
Yonkers , New York 10701

Please note that the GPTF meeting will be held in a different location-- the Beczak Environmental Education Center-- for the Nov. 4 meeting only.

Rules Committee Meeting Wednesday Vovember 4th 6:30pm

Rules Committee
11/4/2009 6:30 PM
Yonkers City Hall
40 South Broadway
Yonkers, New York 10701

AGENDA NOT AVAILABLE AT TIME OF POSTING

McMansions Law Passed in Yonkers

http://www.lohud.com/article/20091101/NEWS02/911010352/1246/NEWS0224/Yonkers-adopts-new-zoning-laws-to-curb--McMansions-

Parkland for Bus Rides, Free Food and No Rent: Yankee Stadium Plays Ball

http://www.nytimes.com/2009/10/25/nyregion/25about.html?_r=1&scp=1&sq=Yankees%20Claimed%20a%20park&st=cse

Board of Contract and Supply Monthly Meeting Wednesday October 28th 10:30pm

Board of Contract and Supply (BOCS)
Monthly Meeting
10/28/2009 10:30 AM - 11:00 AM
Mayor's Reception Room
City Hall, 40 South Broadway
Yonkers, New York 10701

NO AGENDA AVAILABLE AT TIME OF POSTING

Virginia Perez Debates Wilson Terrero for City Council of Yonkers 2nd District on YonkersTV

http://yonkerstv.blogspot.com/2009/10/2nd-district-candidates-debates.html

CITY COUNCIL OF THE CITY OF YONKERS TUESDAY, OCTOBER 27, 2009 at 7:30pm

AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, OCTOBER 27, 2009
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 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 October 13, 2009 approved on motion of
Majority Leader Sandy Annabi.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, OCTOBER 27, 2009
2
INDEX
OLD BUSINESS
ITEM DESCRIPTION PAGE
1. LOCAL LAW – RACEWAY PERMIT PARKING 6/8
2. GENERAL ORDINANCE - McMANSIONS 9/12
3. SPECIAL ORDINANCE – CAPITAL IMPROVEMENT 13/16
BUDGET
4. RES- CAPITAL IMPROVEMENT BUDGET (SEQRA) 17
5. RES – McMANSIONS (SEQRA) 18/19
NEW BUSINESS
6. RES – SETTLEMENT – SMITH ($1,000.00) 20
7. RES – SETTLEMENT – OROSZ (2,750.00 21
8. RES – SETTLEMENT – MONTES ($5,000.00) 22
9. RES – SETTLEMENT – SULLIVAN ($15,000.00) 23
10. RES – MUFORD GARDENS – HOPE VI INTER- 24/25
MUNICIPAL AGREEMENT
11. RES- COMMISSIONER OF DEEDS 26/27
12. RES – BANNER – SACRED HEART HIGH SCHOOL 28
13. HONARARIUM – PULASKI ASSOC. 29

AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, OCTOBER 27, 2009
3
COMMUNICATIONS
1. From Alfred B. DelBello to all Councilmembers, correspondence
dated September 23, 2009 forwarding a request and proposed
ordinance by Stew Leonard’s for an Amendment to the City’s Sign
Ordinance.
REFER TO PLANNING
2. From the Westchester County Planning Board a response to the
City Council’s referral for zone text amendment: Off Street Parking.
Copies on Desks.
3. From the Yonkers Planning Board a response to the City Council’s
referral for McMansion and Downtown Parking Zoning
Amendments. Copies on Desks.
4. From the Yonkers Planning Board SEQRA Lead Agency
Determination/Coordinated Review for the Buena Vista Avenue
Teutonia Development, dated October 16, 2009. Copies on desks.

AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, OCTOBER 27, 2009
4
COMMITTEE OF THE WHOLE

AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, OCTOBER 27, 2009
5
PUBLIC HEARING
PROPOSED GENERAL ORDINANCE
A GENERAL ORDINANCE AMENDING VARIOUS SECTIONS OF THE
ZONING CODE OF THE CITY OF YONKERS IN REGARD TO THE
BULK OF DETACHED SINGLE AND TWO FAMILY DWELLINGS AND
AMENDING DEFINITIONS AND USES. (McMANSIONS).

AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, OCTOBER 27, 2009
6
OLD BUSINESS
LOCAL LAW
1. BY: MINORITY LEADER McLAUGHLIN; COUNCIL PRESIDENT
LESNICK, MAJORITY LEADER ANNABI, COUNCILMEMBERS McDOW,
GRONOWSKI, MURTAGH AND BARBATO:
A LOCAL LAW AMENDING CHAPTER 109 OF THE CODE OF THE CITY
OF YONKERS ENTITLED “VEHICLES AND TRAFFIC” IN REGARD TO
RESIDENTIAL PARKING PERMITS IN THE YONKERS
RACEWAY/EMPIRE CITY NEIGHBORHOOD.
BE IT ENACTED, by the City Council of the City of Yonkers, as
follows:
Section 1.Chapter 109 of the Code of the City of Yonkers entitled
“Vehicles and Traffic” is amended, in part, by adding thereto a new
Section 109-130 entitled “Residential Parking System, Yonkers
Raceway/Empire City Neighborhood” to read as follows:
“Section 109-130. Residential Parking System, Yonkers Raceway/Empire
City Neighborhood.
A.. Authority. In accordance with Section 1640-e of the Vehicle and
Traffic Law of the State of New York and this Code of the City of Yonkers,
the City Council of the City of Yonkers hereby establishes a residential
parking permit system in the Yonkers Raceway/Empire City neighborhood
of the City of Yonkers, notwithstanding the provisions of any law to the
contrary.
B. Findings and purpose. The City Council has found and determined
that residents living in Yonkers Raceway/Empire City neighborhood are
suffering interference with the tranquility and quiet enjoyment of their
neighborhood by reason of patrons, employee and users of the nearby
Yonkers Raceway/Racino who do not use the complimentary parking
spaces and shuttle services available at the Raceway/Racino and who
use the abutting Yonkers residential streets as a free and convenient
alternative, despite the availability of free self parking, valet parking and
continuous shuttle service to the parking spaces. These users park on the
nearby streets for the perceived convenience and accessibility to the
Raceway/Racino. The resulting lack of parking for two hundred and sixty
residents on the streets near their homes in this area has led to traffic
hazards, congestion, noise pollution and litter and debris on the streets,
sidewalks and lawns. These factors necessitate the enactment of a
residential parking system for the residents of this neighborhood.

AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, OCTOBER 27, 2009
7
LOCAL LAW (CONTINUED)
C. Exemption. This section shall not apply to motor vehicles registered
pursuant to Section 400-a of the Vehicle and Traffic Law.
D. Restriction. No vehicles shall be parked in the area generally
bounded within the Yonkers Raceway/ Empire City area of the City of
Yonkers consisting of the following roadways:
(1) Belmont Avenue from Orient Street to Yonkers Avenue;
(2) Boone Street from Central Park Avenue to Dead End;
(3) Clark Street from Central Park Avenue to Orient Street;
(4) Loring Avenue from Central Park Avenue to Orient Street; and
(5) Chamberlain Avenue from Belmont Avenue to Central Park Avenue
unless said vehicle has prominently displayed a permit, obtained from the
Parking Violations Bureau of the City of Yonkers, properly affixed to the
automobile, allowing parking in said area, for the period of seven days per
week, from 10 a.m. until 4 a.m. the following morning, each and every day
of the year.
E. Permit fees. The Parking Violations Bureau of the City of Yonkers
shall have available for issuance blank permits to be used in this area, at
least 20% of which shall be available to be purchased by nonresidents of
the Raceway/Empire City parking area. The permit fees shall be paid for
any calendar year or part thereof and be set as $25 for residents and $50
for nonresidents of the City. The moneys received from said fees shall be
credited to the general fund of the City of Yonkers.
F. The City of Yonkers shall post appropriate signs to be
conspicuously posted in the area advising the public of the restricted
permit parking.
G. Penalties. A violation of this provision shall subject the violator to
pay a fine not to exceed $65.”

AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, OCTOBER 27, 2009
8
LOCAL LAW (CONTINUED)
Section 2. This local law shall take effect immediately.

AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, OCTOBER 27, 2009
9
GENERAL ORDINANCE
2. BY: COUNCILMEMBER BARBATO; COUNCIL PRESIDENT LESNICK,
MAJORITY LEADER ANNABI, MINORITY LEADER McLAUGHLIN,
COUNCILMEMBERS McDOW, GRONOWSKI AND MURTAGH:
The City of Yonkers, in City Council convened, does hereby ordain and
enact:
Section 1.General Ordinance No. 4-2000 and the accompanying map,
also known as Chapter 43 of the Code of the City of Yonkers and more
commonly known as the Zoning Code of the City of Yonkers, is hereby generally
amended and revised in part as follows:
“Section 43-8 of the Code of the City of Yonkers entitled “Definition of Terms”
is hereby amended in part by the addition of the following terms to be placed in
alphabetical order within the section:
BASEMENT – The portion of a building that is partly or completely below grade.
A basement shall be counted as a story if the distance between the grade and
elevation to the floor immediately above equals or exceeds
a. More than 6 feet above grade elevation;
b. More than 6 feet above the finished grade elevation for more than fifty percent
(50%) of the total building perimeter; or
c. More than 12 feet above the finished ground level at any point (See Illustration
#4.)
Dormer - Any structure whose framing projects out of a sloping roof to form a
vertical wall suitable for windows or other openings.
Gross Floor Area
a) For detached single- and two-family homes - the sum of the
gross horizontal areas of the several floors and mezzanine floors of a building
and its accessory buildings on the same lot. All dimensions shall be measured
between exterior faces of walls.
b) For all other buildings - the sum of the gross horizontal areas of the several
floors and mezzanine floors of a building and its accessory buildings on the same
lot, excluding basement or cellar area devoted to parking and mechanical
equipment space. All dimensions shall be measured between exterior faces of
walls.”

AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, OCTOBER 27, 2009
10
GENERAL ORDINANCE (CONTINUED)
Section 2. Table 43-3 of the Table of Dimensional Regulations for
Dimensional Regulations for Residential Uses is hereby amended in part, by amending
the regulations regarding Side yard and Floor Area Ratio for Single and Two-Family
Dwellings to read as follows
“S-200 S-100 S-75 S-60 S-50 T
Side yard; one/both (feet)
Single and two-family dwellings 20/40 15/30 11/23 8/17 6/15 6/15
Side yard; one/both (feet) MG M A B BA
Single- and two-family dwellings 6/15 6/15 6/15 6/15 6/15
Floor Area Ratio S-200 S-100 S-75 S-60 S-50 T
Single and two – family dwelling
Base F.A.R. .56 .56 .60 .68 .75 1.00
Portion of lot exceeding:
5,000sf4 … … … … .50 .67
6,000sf … … .46 … …
7,500sf … … .40 … … …
10,000sf … .38 … … … …
20,000sf .38 … … … … …
Floor Area Ratio MG M A B BA
Single- and two-family dwellings
Base F.A.R. 1.00 1.00 1.00 1.00 1.00
Portion of lot exceeding ;
5,000sf4 .67 .67 .67 .67 .67
Footnote 4: For single and two –family dwellings, the floor area ratio for the lot area that
exceeds the minimum lot size in that zone will be sixty seven percent (0.67) of the
zone’s base F.A.R.)”
Section 3. Section 43 – 34 of the Code of the City of Yonkers entitled
“Supplemental regulations for certain residential uses”, specifically, is hereby amended
in part by the addition of new section 43-34 (H) entitled “Detached Single and Two –
Family Dwellings” to read as follows:

AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, OCTOBER 27, 2009
11
GENERAL ORDINANCE (CONTINUED)
(H) Detached Single- and Two-Family Dwellings: Detached single- and twofamily
dwelling in all residential districts shall be subject to the following
additional regulations:
a) Side Setback Plane. Except as provided in subsection B, below, an inwardly
sloping 45-degree angle side setback plane begins at a horizontal line 20-feet
directly above each side setback line. The 20-foot height of the horizontal line is
established for 40-foot deep portions of the lot beginning at the front setback line
and extending to the rear of the lot, except that the last portion at the rear of the
lot may be less than 40 feet deep. (see Illustration ). The side setback plane
may be rotated ninety degrees on the lot and provided as a front/rear set back
plane to accommodate alternative lot orientations. In such cases, no side setback
plane is required.
b) Exceptions to the side setback plane and rear setback plane requirements:
The requirements of the side and rear setback planes shall not apply to:
i) Dormers that do not exceed fifty (50) percent of the horizontal area of
the roof upon which they are located;
ii) Radio or television antennae
iii) Chimneys or vents
Provided that such features shall exceed the required plane only to the extent
necessary to accomplish the purpose for which they are intended to serve.
c) Side Wall Articulation. A side wall of a building that is more than 15 feet tall
and is an average distance of 15 feet or less from a side lot line may notextend in
an unbroken plane for more than 30 feet along a side lot line. To break the
plane, a wall articulation of not less than two (2) feet for a distance of not less
than ten (10) feet is required. (See Illustration ).
d) Maximum exposed wall height. The maximum exposed height of any wall of
a detached single- or two-family dwelling shall be 35 feet as measured from the
finished grade at the base of the wall to the eave.(See Illustration.)
e) Administrative relief permitted. The Commissioner of Housing and Buildings
shall have the power to grant, in a S-200, S-100, S-75, S-60, S-50, or a T zone,
a permit for alteration or extension not exceeding two thousand five hundred
(2,500) cubic feet to an detached single- or two-family dwelling, wherein front
yard, side yard, rear yard or FAR requirements are at variance with the
provisions of this chapter, provided that the applicant for such a permit shall file
with the Commissioner written and notarized consents for such alteration or
extension of the immediately abutting lot owners. The administrative relief shall
be specifically noted on the certificate of occupancy for the building and only one
such permit shall be granted. Any additional alterations or extensions in variance
with the zoning code may be granted only after compliance with Article VIII,
Variances, of the Yonkers Zoning Code.”

AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, OCTOBER 27, 2009
12
GENERAL ORDINANCE (CONTINUED)
Section 4. These amendments to the Zoning Code of the City of
Yonkers shall take effect immediately, excepting completely filed plans for
construction or alteration of detached single or detached two family dwellings,
filed before the effective date of these amendments, shall be exempt from these
requirements.

AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, OCTOBER 27, 2009
13
SPECIAL ORDINANCE
3. BY COUNCIL PRESIDENT LESNICK, MAJORITY LEADER ANNABI,
MINORITY LEADER McLAUGHLIN, COUNCILMEMBERS McDOW,
GRONOWSKI, MURTAGH AND BARBATO:
BOND ORDINANCE OF THE CITY OF YONKERS, NEW YORK
AUTHORIZING FISCAL YEAR 2009/10 FUNDING FOR VARIOUS
CAPITAL PROJECTS INCLUDED IN THE CAPITAL BUDGET FOR THE
CITY AND BOARD OF EDUCATION; STATING THE TOTAL
ESTIMATED MAXIMUM COST THEREOF IS $53,382,929;
APPROPRIATING SAID AMOUNT THEREFOR; AND AUTHORIZING
THE ISSUANCE OF $53,382,929 BONDS OF SAID CITY TO FINANCE
SAID APPROPRIATION.
THE CITY COUNCIL OF THE CITY OF YONKERS, IN THE COUNTY OF
WESTCHESTER, NEW YORK, HEREBY ORDAINS (by the favorable
vote of not less than two-thirds of all the members of said City Council) AS
FOLLOWS:
Section 1. The City of Yonkers, in the County of Westchester, New
York (herein called “City”), is hereby authorized to finance the cost of
various capital projects as referenced in column A of the attached
schedule, each as more fully described in column F of the attached
schedule. For each of the objects or purposes, as specified in column A
of the attached schedule, the respective estimated maximum costs,
including preliminary costs and costs incidental thereto and to the
financing thereof, are set forth in column B of the attached schedule, and
said respective amounts are hereby appropriated therefor pursuant to the
duly adopted Capital Budget for fiscal year 2009/10 of the City and Board
of Education. The plan of financing includes the issuance of $53,382,929
aggregate principal amount of bonds of the City and any bond anticipation
notes issued in anticipation of the sale of such bonds to finance said
appropriations, and the levy and collection of taxes on all the taxable real
property in the City to pay the principal of and interest on said bonds and
notes as the same shall become due and payable. Any amounts received
by the City or Board of Education from the United States of America
and/or the State of New York are hereby authorized to be expended, as
referenced column D of the attached schedule, towards the cost of the
applicable objects or purposes or the redemption of any notes and bonds
issued therefor or to be budgeted as an offset to the taxes for the
repayment of the principal of and interest on said notes and bonds.

AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, OCTOBER 27, 2009
14
SPECIAL ORDINANCE (CONTINUED)
Section 2. Bonds of the City in the respective principal amounts set
forth in column C of the attached schedule are hereby authorized to be
issued, pursuant to the provisions of the Local Finance Law, constituting
Chapter 33-a of the Consolidated Laws of the State of New York (herein
called the “Law”), to finance said appropriations.
Section 3. The respective periods of probable usefulness for said
objects or purposes for which said bonds herein authorized are to be
issued, within the limitations of the applicable paragraphs under §11.00 a.
of the Law, is set forth in column E of the attached schedule.
Section 4. Each of the bonds authorized by this ordinance and any
bond anticipation notes issued in anticipation of the sale of said bonds
shall contain the recital of validity as prescribed by Section 52.00 of the
Law and said bonds and any notes issued in anticipation of said bonds,
shall be general obligations of the City, payable as to both principal and
interest by general tax upon all the taxable real property within the City
without limitation of rate or amount. The faith and credit of the City are
hereby irrevocably pledged to the punctual payment of the principal of and
interest on said bonds and any notes issued in anticipation of the sale of
said bonds and provision shall be made annually in the budget of the City
by appropriation for (a) the amortization and redemption of the bonds and
any notes in anticipation thereof to mature in such year and (b) the
payment of interest to be due and payable in such year.
Section 5. Subject to the provisions of this ordinance and of the
Law and pursuant to the provisions of Section 30.00, Section 50.00,
Sections 56.00 to 60.00, and Section 168.00 of the Law, the powers and
duties of the City Council relative to authorizing bond anticipation notes
and prescribing the terms, form and contents and all other powers or
duties pertaining or incidental to the sale and issuance of the bonds herein
authorized and of any bond anticipation notes issued in anticipation of said
bonds, and the renewals of said notes, and the power to enter into
agreements for credit enhancement for said bonds and notes, are hereby
delegated to the Commissioner of Finance & Management Services of the
City.
Section 6. Pursuant to the provisions of Section 17 of the Special
Local Finance and Budget Act of the City of Yonkers constituting Chapters
488 and 489 of the Laws of 1976 of the State of New York (herein called
the “Act”), the City is authorized and directed to include the following
pledge and agreement of the State of New York (herein called the “State”)
contained in said Section 17 in this ordinance, and the Act provides that
upon payment for the Bonds by the original and all subsequent holders

AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, OCTOBER 27, 2009
15
SPECIAL ORDINANCE (CONTINUED)
thereof the inclusion of such pledge and agreement shall be deemed
conclusive evidence of valuable consideration received by the State and
City for such pledge and agreement and of reliance upon such pledge and
agreement by any holder and that any action by the State contrary to or
inconsistent with the provisions of such pledge and agreement shall be
void:
“The state does hereby pledge to and agree with the holders of
obligations of the city issued pursuant to the local finance law or this act
that the state will not (a) repeal, revoke, repudiate, limit, alter, stay,
suspend or otherwise reduce or rescind or impair the power or duty of the
city to exercise, perform, carry out and fulfill its responsibilities under this
act to the extent that the city incorporates in any bond ordinance or credit
agreement covenants and agreements to so exercise, perform, carry out
and fulfill such responsibilities, (b) repeal, revoke, repudiate, limit, alter,
stay, suspend or otherwise reduce or rescind or impair the rights and
remedies of any such holders to fully enforce in a court of law such
covenants and agreements so incorporated in the bond ordinance or
credit agreement or to enforce the pledge and agreement of the state
contained in this section, or (c) otherwise exercise any sovereign power
contrary to or inconsistent with the provisions of such bond ordinance or
credit agreement, it being hereby determined and declared that the
provisions of this act and the powers and duties of the city authorized and
imposed hereunder are proper, reasonable and appropriate means by
which the state can and should exercise and has exercised its duty under
section twelve of article eight of the constitution to prevent abuses by the
city in taxation and in the contracting of indebtedness and that the
provisions hereof are necessary and in the public interest and proper
means to improve market reception for the purchase of bonds and other
obligations of the city; provided, however, the foregoing pledge and
agreement shall be of no further force and effect if at any time there is on
deposit in a separate trust account with the fiscal agent sufficient moneys
or direct obligations of the United States of America or the state the
principal of and/or interest on which will provide moneys to pay punctually
when due at maturity or prior to maturity by redemption in accordance with
their terms all principal and interest on all such obligations of the city
outstanding, (i) irrevocable instructions from the state and city to the fiscal
agent for such payment of such principal and interest with such moneys
have been given, and (ii) notice to the holders of such obligation as
provided in the bond ordinance or credit agreement has been given, and
provided further that such pledge and agreement by the state may be
temporarily suspended upon the declaration of martial law in the city in the
event of circumstances in the city deriving directly out of a natural disaster
(such as an earthquake or major conflagration or flood but not a
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, OCTOBER 27, 2009
16
SPECIAL ORDINANCE (CONTINUED)
snowstorm) or civil disturbance (such as military invasion or civil
insurrections but not strikes or crises created by financial abuses or
economic events).”
Section 7. The validity of the bonds authorized by this ordinance
and of any notes issued in anticipation of the sale of said bonds, may be
contested only if:
(a) such obligations are authorized for an object or purpose for which
the City is not authorized to expend money, or
(b) the provisions of law which should be complied with at the date of
the publication of such ordinance are not substantially complied with, and
an action, suit or proceeding contesting such validity, is commenced within
twenty days after the date of such publication, or
(c) such obligations are authorized in violation of the provisions of the
constitution.
Section 8. This bond ordinance shall take effect immediately, and
the City Clerk is hereby authorized and directed to publish the foregoing
ordinance, in full, together with a Notice attached in substantially the form
prescribed by §81.00 of the Law in “THE JOURNAL NEWS,” a newspaper
published in Yonkers, New York, and in “YONKERS RISING published in
Yonkers, New York, each having a general circulation in the City and
hereby designated the official newspapers of said City for such
publication.

AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, OCTOBER 27, 2009
17
RESOLUTION
4. BY: COUNCIL PRESIDENT LESNICK, MAJORITY LEADER ANNABI,
MINORITY LEADER McLAUGHLIN, COUNCILMEMBERS McDOW,
GRONOWSKI, MURTAGH AND BARBATO:
WHEREAS, the City of Yonkers City Council is the only agency
empowered to approve the Yonkers Capital Budget and amendments and
the bond ordinances which fund the plan, and as such is the lead agency
for SEQRA approval of all aspects of the Capital Budget:
WHEREAS, the proposed projects for the FY 2009 and 2010
Capital Budget was Type II actions except for the Ashburton Avenue
Renewal Project which has a 2006 EIS. Type II actions are those activities
that have been defined in Part 617, the statewide implementing regulation
pertaining to SEQRA, for requiring no further environmental actions.
NOW, THEREFORE, the City Council hereby issues a negative
declaration that the projects in the Capital Budgets for Fiscal Year
2009/2010 except for the projects noted above will not result in any
significant adverse environment impacts.

AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, OCTOBER 27, 2009
18
RESOLUTION
5. BY: COUNCILMEMBER BARBATO: COUNCIL PRESIDENT LESNICK,
MAJORITY LEADER ANNABI, MINORITY LEADER McLAUGHLIN,
COUNCILMEMBERS McDOW, GRONOWSKI AND MURTAGH
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 VARIOUS SECTIONS OF THE
ZONING CODE OF THE CITY OF YONKERS.
WHEREAS, there is pending before the Yonkers City Council an
ordinance for the amendments of the Zoning Code of the City of Yonkers,
specifically § 43-8, Table 43-3 and §43-34 ; and
WHEREAS, the City Council has determined that the proposed
amendments 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 actions 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 actions 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 amendments 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
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, OCTOBER 27, 2009
19
RESOLUTION (CONTINUED)
proposed actions 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
BE IT FURTHER RESOLVED, that this Resolution shall take effect
immediately.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, OCTOBER 27, 2009
20
NEW BUSINESS
RESOLUTION
6. 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
one thousand dollars 00/100 ($1,000.00), of the action entitled, "In the
Matter of the Claim of Annie G. Smith, (residing at 678 Warburton
Avenue, Yonkers, New York) claimant against The City of Yonkers,
Respondent", for an alleged accident that resulted in property damage
incurred to her vehicle, by a City of Yonkers vehicle on the 23rd of April,
2009, 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 one thousand
dollars 00/100 ($1,000.00), in favor of said claimant.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, OCTOBER 27, 2009
21
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
TWO THOUSAND SEVEN HUNDRED FIFTY DOLLARS AND NO
CENTS ($2,750.00) of the claim entitled, "IN THE MATTER OF THE
CLAIM OF ROBERT B. OROSZ AND VERONICA I. OROSZ, (residing at
23 Hillview Avenue, Yonkers, New York) claimants against THE CITY OF
YONKERS, respondent", for property damage arising out of an accident in
which it is alleged that a City vehicle (a front end loader) backed into their
vehicle causing damage on July 13, 2009, 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 TWO THOUSAND SEVEN HUNDRED
FIFTY DOLLARS AND NO CENTS ($2,750.00) in favor of said claimants.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, OCTOBER 27, 2009
22
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
Five Thousand Dollars ($5,000.00) of the action entitled, “Josephine
Montes, (residing at 123 Linden Street, Yonkers, NY 10701), Plaintiff
against THE CITY OF YONKERS, Defendant", for emotional injuries
arising out of an incident on March 31, 2005 when plaintiff’s apartment
was searched by Yonkers Police Officers, 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 Five Thousand Dollars ($5,000.00) in favor of
said plaintiff and her attorney Rosenbaum & Rosenbaum, P.C., 110 Wall
Street, 21st Floor, New York, New York 10005.

AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, OCTOBER 27, 2009
23
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
Fifteen Thousand Dollars (15,000.00) of the action entitled, “CARLOS
SULLIVAN, Individually and as Legal Guardian of Infant, FRANCESCA
COLLAZO and Infant, VICMARIE ARCE, ZULEYKA SULLIVAN and
THOMAS COLLINS, (residing 363 Walnut Street - Apt 1N, Yonkers, New
York 10701), Plaintiffs against THE CITY OF YONKERS, Defendant", for
damage arising out of an incident alleging that on June 14, 2007 Yonkers
Police Officers improperly conducted a search of plaintiffs residence, 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 Fifteen Thousand
Dollars ($15,000.00) in favor of said plaintiffs and their attorneys Hecht,
Kleeger, Pintel & Damashek, 19 West 44th Street, Suite 1500, New York
10036.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, OCTOBER 27, 2009
24
RESOLUTION
10. 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 MULFORD I, LP IN SUPPORT OF THE
DEVELOPMENT OF THE MULFORD HOPE VI SITE, CONTAINING UP
TO APPROXIMATELY 100 DWELLING UNITS ON A PORTION OF THE
PROPERTY
WHEREAS, MULFORD 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 mixture of 4-6 story elevator
buildings, 2-3 story garden walk-up apartments, town houses, and single
family homes along with pocket parks, two community buildings that will
accommodate management staff, resident amenities and meeting space,
for approximately one hundred dwelling units (the “Project”); and
WHEREAS, pursuant to Resolution 144-2009, 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 Mulford I Hope VI Project; and
WHEREAS, pursuant to the MHACY lease to the Developer, the
Developer shall construct the Project; and
WHEREAS, pursuant to Resolutions 42-2009, 43-2009, 44-2009,
45-2009, and 46-2009 each adopted by the City Council on April 14, 2009,
the Mayor was authorized, among other things, to apply for available
funding under the County of Westchester (the “County”) Housing
Implementation Fund for the property commonly referred to as “Mulford
Hope VI Sites ‘D’, ‘E’ and ‘I’ (also known as the “Vineyard Firehouse
Site”)”; and
WHEREAS, the County has agreed to make such funds available in
support of the Project pursuant to an intermunicipal agreement; and
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, OCTOBER 27, 2009
25
RESOLUTION (CONTINUED)
WHEREAS, so as to comply with the County Housing
Implementation Fund Program, the City must grant an easement or other
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, OCTOBER 27, 2009
26
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.
Theresa O’Gorman
517 Riverdale Avenue
Yonkers, New York 10705
Law Firm RENEWAL
Vincent A. Massaro
21 Hillbright Terrace
Yonkers, New York 10703
City of Yks RENEWAL
Sinthya Gertrudys Gonzalez
538 Riverdale Avenue
Yonkers, New York 10705
Law Firm RENEWAL
Yohany Garcia
538 Riverdale Avenue
Yonkers, New York 10705
Law Firm NEW
M. Ruth Hunt
440 Warburton Avenue 4L
Yonkers, New York 10703
Julia Dyckman RENEWAL
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, OCTOBER 27, 2009
27
RESOLUTION (CONTINUED)
Arlene Bonante
37 Carlton Avenue
Yonkers, New York 10710
Real Estate RENEWAL
Kelly Ann O’brien Kelly
80 Grassy Sprain Road
Yonkers, New York 10710
COY NEW
Jeanett Chantal Carrillo
90 Park Hill Avenue Apt#3
Yonkers, New York 10701
Secretary NEW
Alice Manix
25 Abbott Street
Yonkers, New York 10703
COY RENEWAL
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, OCTOBER 27, 2009
28
RESOLUTION
12. BY COUNCIL MEMBER GRONOWSKI: COUNCIL PRESIDENT
LESNICK, MAJORITY LEADER ANNABI, MINORITY LEADER
McLAUGHLIN, COUNCILMEMBERS McDOW, MURTAGH AND
BARBATO:
WHEREAS, Sacred Heart High School has an up coming
production called “Lost in Yonkers” November 20, 21, and 22, 2009.
Sacred Heart High School has requested permission from the City Council
to place a banner in an area promoting this event, and
WHEREAS, Sacred Heart High School has asked that they be
permitted to place one (1) banner on the corner of North Broadway and
Gateway Road on or before October 28, 2009 and to be removed as soon
after November 23, 2009 as is possible.
NOW, THEREFORE BE IT RESOLVED, that the City Council of the
City of Yonkers hereby grants permission to Sacred Heart High School to
place one banner in the aforementioned location, subject to any terms and
conditions deemed appropriate by the Administration to protect the best
interests of the City of Yonkers.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, OCTOBER 27, 2009
29
RESOLUTION
13. BY COUNCIL PRESIDENT LESNICK, MAJORITY LEADER ANNABI,
MINORITY LEADER McLAUGHLIN, COUNCILMEMBERS McDOW,
GRONOWSKI, MURTAGH AND BARBATO:
WHEREAS, the City of Yonkers is truly blessed and privileged to
have a spectacularly beautiful montage of communities that proudly
represent many nations from all over the world making the City of Yonkers
a splendidly diverse display of “citizens of the world”; and
WHEREAS, foremost among these groups is the Polish American
Community which has made countless noteworthy contributions to this city
and our county endlessly seeking to promote the cherished traditions that
have endured for many generations; and
WHEREAS, the annual observance of PULASKI DAY is a time of
celebration and remembrance with a healing, uplifting spirit of love and
compassion that touches the hearts of many; and
WHEREAS, the many Polish Americans in our community and
beyond are firmly committed to bettering the quality of life for all who live
and work in our beloved city, most especially for those who treasure the
storied history of the Polish American men, women and children who have
endeavored so tirelessly to add their magnificently rich culture to the
special tapestry that defines life in Yonkers; and
WHEREAS, adding to this illustrious history with great pride and
admiration are: Parade Grand Marshal Anna O’Lear; Miss Polonia
Jennifer K. Pitt; Coordinator Stephen M. Schurick; Community Service
Recognition Edward Sroka, Zygmunt Zielinski; John Ulanski and Veronica
(Ronnie) Trancynger Fillo;
NOW, THEREFORE, BE IT RESOLVED that the Yonkers City
Council hereby joins the Westchester Pulaski Association in honoring
these distinguished individuals and extends its most sincere thanks to all
who have worked with a never-ending passion to make such extraordinary
contributions to this city and each of its residents.

Yonkers Community Development Agency Board Meeting Tuesday October 27th at 5:15pm

Yonkers Community Development Agency Board Meeting - UPDATED INFORMATION
10/27/2009 5:15 PM - 6:15 PM
City Hall - Mayor Reception Room, 2nd Floor
40 South Broadway
Yonkers, New York 10701

The Yonkers Community Development Agency Board Meeting

AGENDA

Roll Call

Philip Amicone, Chairperson

Chuck Lesnick, City Council President

James LaPerche, Finance Commissioner

Frank J. Rubino, Corporation Counsel

Lee Ellman, Planning Director

Wilson Terrero, Board Member

George DeGabriel, Board Member

Acceptance of March 6th, Board Minutes

Old Business

1. RESOLUTION OF THE YONKERS COMMUNITY DEVELOPMENT AGENCY APPROVING URBAN RENEWAL LAND DISPOSITION AGREEMENT FOR SFC PROJECT AND DISPOSITION OF LANDS

2. RESOLUTION OF THE YONKERS COMMUNITY DEVELOPMENT AGENCY ADOPTING ENVIRONMENTAL FINDINGS FOR APPROVAL OF URBAN RENEWAL LAND DISPOSITION AGREEMENT AND DISPOSITION OF LANDS FOR SFC PROJECT

New Development Website for Buena Vista PUR

http://www.buenavistapur.com/

Journal News Op-Ed on SFC Yonkers Downtown Development

http://www.lohud.com/article/20091019/OPINION/910190312/1015/OPINION01/Yonkers--downtown-plan-gets-adjustment

Green Policy Task Force Meeting for Wednesday, Oct. 21, 2009 6:30 PM Room 403

Please be advised that a Green Policy Task Force Meeting has been scheduled for Wednesday, Oct. 21, 2009 at 6:30 PM in Room 403, Yonkers City Hall, 4th Fl.

1. Energy

- Curtis Karmaz of Mercury Solar Systems to discuss solar energy.

- Westchester County's methane gas emissions program

- GPTF and Quality of Life Day

2. Transportation

- Bus grant with Anna Sollozzo from YPS updating GPTF

- Idling law update

3. Recycling

- Yonkers compost site usage

- Master recycling program update

- Paper recycling in the schools

- Downtown Program for recycling report

- Warburton Ave. recycling

4. Land Use

- Goals for 2010

Budget Committee Meeting for Tuesday, October 20th, 2009 7:00 P.M

Please be advised that we have scheduled a Budget Committee Meeting for Tuesday, October 20th, 2009 at 7:00 P.M. in the City Council Chambers, 4th Floor, City Hall.

The following item(s) will be discussed:

1. Continued discussions on the Capital Improvement Budget ( CIP)
2. Misc. –to consider any other item(s) that may properly come before the Committee.

We are requesting that this meeting be televised.

Rules Committee Meeting City of Yonkers Tuesday October 20th 6:30pm

Rules Committee
10/20/2009 6:30 PM
Yonkers City Hall
40 South Broadway
Yonkers, New York 10701

NO AGENDA AVAILABLE AT TIME OF POSTING

White Plains and Yonkers Get Money for Green Energy Projects

http://www.lohud.com/article/20091018/NEWS02/910180345/1246/NEWS0224/Solar-panels-and-geothermal-wells-coming-to-Yonkers--White-Plains-housing

Zoning Board of Appeals City of Yonkers Meeting Tuesday October 20th 6pm

Zoning Board of Appeals
10/20/2009 6:00 PM
City Council Chambers
City Hall-4th Floor
Yonkers, New York 10701

AGENDA FOR ZONING BOARD OF APPEALS

PLEASE TAKE NOTICE: A Public Hearing will be held before the Zoning Board of Appeals of the City of Yonkers on TUESDAY, OCTOBER 20, 2009 at 6:00 P.M. sharp, in the City Council Chambers, Yonkers, New York (building is accessible to the handicapped), on applications for Appeals from the Building Commissioner's decisions and applications for Variances under the provisions of G.O. # 4-2000, as amended:

DECISIONS:

# 5144-A – Area Variance – Miguel A. Sostre, Architect, on behalf of N. James Sayegh (owner), on premises known as 381 aka 385 Palisade Avenue, Block: 2159 Lot: 47, Zone: “MG”.

#5157 – Area Variance & Improvement/Intensification of a Non-Conforming Use – Smith, Buss & Jacobs on behalf of Bharat Gandhi (owner), on premises known as 322 Yonkers Avenue, Block 388, Lot 100, Zone: “I”.

#5162 – Use & Area Variance – Snyder & Snyder LLP on behalf of Parkledge Apartments (owner) & T-Mobile Northeast, LLC (lessee), on premises known as 220 a/k/a 230 Yonkers Avenue, Block 405, Lots 29-33, Zone: “BA”.

#5163 – Use & Area Variance – Snyder & Snyder LLP on behalf of 61-65 Central Avenue, LLC (owner) & T-Mobile Northeast , LLC (lessee), on premises known as 61-65 Central Park Avenue, Block 6004, Lot 1, Zone: “B”.

#5164 – Area Variance – James G. Dibbini, Esq., on behalf of Catherine La Banca (owner), on premises known as 2 Royal Street, Block 5190, Lot 13, Zone: “T”.

# 5172 – Area Variance – Mario Canteros, Architect on behalf of Jimmy Rugova (owner), on premises known as 215 Sommerville Place, Block: 2438 Lot: 25, Zone: “M”.

# 5173 – Area Variance - Mario Canteros, Architect on behalf of Jimmy Rugova (owner), on premises known as 221 Sommerville Place, Block: 2438 Lot: 23, Zone: “M”.

# 5177 – Use & Area Variance – Snyder & Snyder, LLP on behalf of 1-3 Remsen Road Corp. (owner), & T-Mobile Northeast , LLC (lessee), on premises know as 1-3 Remsen Road aka 57 Newport Road, Block: 4350 Lot: 150, Zone: “MG”.

# 5179- Area Variance – John Imhof on behalf of Thepchai Vechkulwrapan (owner), on premises known as 629 aka 631 McLean Avenue, Block: 6002 Lot: 75, Zone: “B”.

# 5180 – Area Variance – Andrew Romano, Esq. on behalf of Robert Stevenson (owner), on premises known as 571 Mile Square Road, Block: 5039, Lot: 1, Zone: “T”.

# 5181 – Improvement of a Non-conforming Use – Andrew Romano, Esq. on behalf of City Harvest Church (owner), on premises known as 44 Hudson Street, Block: 502 Lot: 1, Zone: “DWD”.

# 5182 – Area Variance – James G. Dibbini, Esq. on behalf of Elm Street Yonkers LLC (owner), on premises known as 161 Elm Street, Block: 452 Lot: 30, Zone: “B”.

# 5183 – Area Variance – Lana & Coppola on behalf of Ellen Pellegrino (owner), on premises known as 105 Candlewood Drive, Block: 4469 Lot: 57, Zone: “S-60”.

# 5184 – Area Variance – Lana & Coppola on behalf of Pasquale Pellegrino (owner), on premises known as 32 aka 30 Thurman Street, Block: 459 Lot: 20, Zone: “M”.

# 5185 - Use Variance – Snyder & Snyder on behalf of FDR Limited Co. (owner), & SMSA Limited Partnership d/b/a Verizon Wireless (lessee), on premises known as 57 Fullerton Avenue, Block: 5056 Lot: 9, Zone: “I”.

NEW HEARINGS

# 5186 – Area Variance – Andrew Romano, Esq. on behalf of Leslie & Francis Prtit (owners), to construct a new 1-story addition, containing an extension of kitchen, mudroom & bath. Having insufficient side yard, as per Section 43-27, Table 43-3 (required 5’; proposed 3’), on premises known as 233 Westchester Avenue, Block: 4698 Lot: 29, Zone: “S-50”.

# 5187 – Area Variance – Andrew Romano, Esq. on behalf of Jerzy Karpiak (owner), for interior alterations to convert an existing 2-family dwelling into a 3-family dwelling. Having insufficient side yard & total of side yards, as per Section 43-27, Table 43-3 (required 12/25; proposed 10/23), on premises know as 742 Palisade Avenue, Block: 3036 Lot: 17, Zone: “M”.

# 5188 – Area Variance – Andrew Romano, Esq. on behalf of Design Builders Pension (owner), to legalize the enclosed porch, having insufficient side yard, as per Section 43-27, Table 43-3 (required 3.44/11.88’; proposed 0.6’/3.88’), on premises known as 174 Sterling Avenue, Block: 6287 Lot: 37, Zone: “T”.

# 5189 – Area Variance – Andrew Romano, Esq. on behalf of 851 Bronx River Wines & Liquors (owner), for interior alteration to convert an insurance office into a wine & liquor store. Having insufficient parking, as per Section 43-127, Table 43-4 (required 7 spaces; proposed 5 spaces (credit for office use)), on premises known as 851 Bronx River Road, Block: 5250 Lot: 48, Zone: “BR”.

# 5190 – Area Variance & Improvement to a Non-Conforming Use Michael McCann, Architect on behalf of Marcos Rada (owner), to legalize the enclosed porches at the rear of the existing dwelling & the addition of a covered open deck in the rear of the 1st floor. Having insufficient side yard, as per Section 43-27, Table 43-3 (required 16’ minimum/322’ total; proposed 5’ minimum/5’ total). Improvement to a non-conforming use requires the Zoning Board of Appeals approval as per Section 43-21G, on premises known as 151 Buena Vista Avenue, Block: 510 Lot: 38, Zone: “CM”.

#5131-B – Area Variance – James J. Veneruso, Esq. on behalf of Deirdre O’Marra (owner), for interior alterations to convert an existing vacant retail space into a dance studio. Having insufficient parking, as per Section 43-128, Table 43-4 (required 5 additional spaces; proposed 0 spaces), on premises known as 641 aka 643 McLean Avenue, aka 68 South DeVoe Avenue, Block: 6004 Lot: 68, Zone: “B”.

JOSEPH CIANCIULLI

CHAIRMAN, ZB

High Court Listens to Eminent Domain Arguments in the Atlantic Yards Project

http://cityroom.blogs.nytimes.com/2009/10/14/high-court-hears-arguments-in-atlantic-yards-case/

Sale of Atlantic Yards Questioned by DDDB

http://cityroom.blogs.nytimes.com/2009/10/13/suit-challenges-sale-of-land-to-atlantic-yards-developer/?scp=2&sq=ratner&st=cse

Yonkers City Council Votes 5-2 on SFC Project

http://www.lohud.com/article/20091015/NEWS02/910150397/1246/NEWS0224/Yonkers-City-Council-approves--1.5-billion-downtown-redevelopment-deal

http://www.lohud.com/article/20091014/NEWS02/910140380/1246/NEWS0224/Yonkers-Council-OKs--1.5-billion-downtown-project

http://yonkerstribune.typepad.com/yonkers_tribune/2009/10/yonkers-city-council-approves-sfc-development-project.html

http://yonkerstribune.typepad.com/yonkers_tribune/2009/10/the-promise-of-economic-development-by-hezi-aris.html

Landmarks Preservation Board Field Meeting 10/17/2009 9:00 AM

Landmarks Preservation Board Field Meeting
10/17/2009 9:00 AM
Cedar Knolls Histroric District

IDA Governance Committee Meeting Thursday at 8:30pm

IDA Governance Committee Meeting
Thursday, October 15, 2009
8:30 a.m.
Mayor's Reception Room

No Agenda Available at Time of Posting

Planning Board Meeting Wednesday 14th October at 8pm

Planning Board Meeting
10/14/2009 5:30 PM
City Hall - City Council Chambers
40 South Broadway

NO AGENDA AVAILABLE AT TIME OF POSTING

Alexander Street Public Presentation Wednesday at 8pm

Alexander Street Design Guidelines Public Presentation
10/14/2009 6:00 PM - 8:00 PM
Riverfront Library - Auditorium
1 Larkin Plaza
Yonkers, New York 10701

http://www.cityofyonkers.com/?page=1827&recordid=3434&returnURL=%2findex.aspx

Affordable Housing that Claims to be Green in Stamford Connecticut

http://www.nytimes.com/2009/10/11/realestate/11wczo.html?ref=realestate

Larry Silverstein interview in the New York Times

http://www.nytimes.com/2009/10/11/realestate/commercial/11sqft.html?_r=1&ref=realestate

City Council Meeting Tuesday October 13th 8pm

CITY COUNCIL MEETING - SFC Development & Other Business
10/13/2009 8:00 PM - 10:00 PM
CITY COUNCIL CHAMBERS
40 SOUTH BROADWAY
YONKERS, New York 10701

Agenda - 10-13-2009

The City Council will be considering the final Land Disposition Agreement (LDA) for the SFC Downtown Redevelopment proposal. Detailed information can be reviewed in the documents below.

http://www.cityofyonkers.com/?page=1827&recordid=3454&returnURL=%2findex.aspx

The Land Disposition Agreement between the City of Yonkers and SFC is Finally online at Yonkers Tribune

Follow the Link to read the documents:

http://yonkerstribune.typepad.com/yonkers_tribune/2009/10/supporting-documents-regarding-land-disposition-agreement-available-herein.html

Yonkers Landmarks Meeting Cancelled Tonight Wednesday October 7th

Landmarks Pres Board Mtg.--Cancelled to Oct. 17, 9am in field
10/7/2009 7:00 PM
City Hall - Ceremonial Court Room
40 South Broadway

Some in Yonkers Question SFC Deal on Affordable Housing

http://www.lohud.com/article/20091002/NEWS02/910020350/1246/NEWS0224/Yonkers-residents-question-details-of-SFCjavascript:void(0)-deal

Westchester County Has the Highest Property Taxes in The U.S.

http://www.lohud.com/article/2009910010350

Green Policy Task Force Meeting 10/7/2009 6:30 PM

Green Policy Task Force
10/7/2009 6:30 PM - 8:00 PM
4th floor conference room
City Hall, 40 S. Broadway
Yonkers, New York 10701

NO AGENDA AVAILABLE AT TIME OF POSTING

Rules Committee Meeting 10/6/2009 6:30 PM

Rules Committee Meeting
10/6/2009 6:30 PM
Yonkers City Hall
40 South Broadway
Yonkers, New York 10701

NO AGENDA AVAILABLE AT TIME OF POSTING

Rules Committee Meeting 10/6/2009 6:30 PM

Rules Committee Meeting
10/6/2009 6:30 PM
Yonkers City Hall
40 South Broadway
Yonkers, New York 10701


NO AGENDA AVAILABLE AT TIME OF POSTING