Zoning Board of Appeals Meeting Tue October 19th 6pm

Date: 10/19/2010 6:00 PM
CEREMONIAL COURT ROOM **UPDATED**
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 19, 2010 at 6:00 P.M. sharp, in the Ceremonial Court, 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
#5242 – Area Variance – Andrew Romano, Esq., on behalf of Benito Lopez (owner), for interior alterations to convert existing 1-family and dentist office to a 4-family multiple dwelling. Having insufficient side yard, Section 43-27, Table 43-3 (required 16/32, proposed 3.96/16.46). Insufficient driveway width: required 20 ft. to 30 ft.; proposed less than 12.5 ft., Reference YZO 43-121.D(4), Illustration 28. And insufficient front yard, Section 43-27 and Table 43-3 (required 25 ft., proposed 20.5 ft.), on premises known as 251 Valentine Lane, Block: 124, Lot: 58, Zone: “A”.

#5243 – Area Variance – Andrew Romano, Esq., on behalf of Paul Oteri (owner), for interior alterations to convert office space into retail space. Having insufficient parking, Section 43-128 and Table 43-4 (1 additional space required, 0 spaces proposed), on premises known as 1022 a/k/a 1024 Yonkers Avenue, Block: 6163, Lot: 12, Zone: “B”.

#5244 – Area Variance & Improvement & Intensification to a Non-Conforming Use – Andrew Romano, Esq., on behalf of Jeffrey Lebron (owner), to permit dormers on the second floor and re-configure rooms on the first floor of an existing 2-family dwelling. Whereas, improvement to a non-conforming use requires Zoning Board of Appeals approval as per Section 43-21.G) (2-family use in an S-50 Zone). A non-conforming use shall not be enlarged, intensified, altered structurally or extended without Zoning Board of Appeals approval as per Section 43-21.B.1 and 43-21.B.2). Exceeding maximum permitted floor area ratio, Section 43-27, Table 43-3 (required 0.75, proposed 0.81). Plans appear to violate Section 43-34H(a) – side setback plane requirements – Variance required. Plans submitted violate Section 43-34H(a) – side wall articulation – Variance required, on premises known as 475 Kimball Avenue, Block: 6359, Lot: 24, Zone: “S-50”.

#5245 – Area Variance – Taffy Williams (owner), on behalf of herself, to construct a 1-story addition in rear yard and build entrance with foyer and side garage, side patio at grade level and basement extension to an existing 1-family dwelling. Having insufficient front yard, Section 43-27, Table 43-3 (required 20’-3” +/- per plot plan, proposed 15’-9” +/- front vestibule and 18’-0” +/- to front bay window). Insufficient side yard, Section 43-27, Table 43-3 (required 6’-0”, proposed 0’-6” to proposed garage (south side)). Insufficient side yard to proposed patio Section 43-41(A)(2) (3’-0” minimum required, proposed 0’-6”). Insufficient side yard to deck over proposed garage, Section 43-41(A)(2), (required 6’-0”, proposed 0’-6”). Insufficient side yard; Section 43-27, Table 43-3 (required 14’-6”, proposed 10’-0” +/- scaled to proposed addition). Insufficient total side yard Section 43-27, Table 43-3 (required 15 feet, proposed 6’ feet (south side); 10’-6” proposed (north side). Exceeds maximum driveway slope 15% maximum; 16% provided, on premises known as 191 Westchester Avenue, Block: 4573, Lots: 11 & 12, Zone: “S-50”.

#5246 – Area Variance – Whitelaw Architects, on behalf of 333 Bronx River Tenants Corp. (owners), to remove an in-ground swimming pool and deck and install new fence and retaining walls. Whereas, fences and walls, including retaining walls must not exceed 4 feet in height in a required front yard setback or in any other required yard setback abutting a street and 6 feet in height within any other required yard setback (ref. Yonkers Zoning Ordinance 43-41.D.3.a). Proposed fence is 8’ high. Proposed retaining wall is 7.75’ high, on premises known as 333 Bronx River Road, Block: 6307, Lot: 150, Zone: “A”.

CONTINUED HEARINGS

# 5224 – Area Variance – James J. Veneruso, Esq. on behalf of Smith-Cairns Ford, Inc. (owner), for an addition & modification to auto sales facility. Whereas, parking of display vehicles not permitted within minimum front yard as per Section 43-38C (3). And exceeds maximum number of ground/pole signs permitted on site (3 permitted; 4 proposed) per Sign Ordinance Section 47-7A(8),on premises known as 900 Central Park Avenue aka 10 Schaefer Avenue, Block: 5111 Lot: 1, Zone: “OL”. (adjourned until December meeting)

# 5231 – Use & Area Variance – Veneruso, Curto, Schwartz & Curto, LLP on behalf of Blue Real Estate Holdings, LLC (owner), to construct a new 15-story 220 unit residential apartment building with 4,500 sq.ft. retail space. Whereas, the proposed use is not permitted, as per Section 43-27, Table 43-1 (accessory parking for business use in MG zone). Exceeding maximum permitted floor area ratio, as per Section 43-27, Table 43-3 (required 3.00; proposed 6.10+/-). Exceeding maximum permitted height, as per Section 43-27, Table 43-3 (required 112.5’; proposed 165.1’+/-). Insufficient front yard, as per Section 43-27 & Table 43-3 (required 10’; proposed 1”+/- (Yonkers Avenue)). Parking within the minimum front yard is not permitted, as per Section 43-133(A)1. Parking within the minimum side yard is not permitted, as per Section 43-133(A)1. Insufficient parking aisle width, as per Section 43-134.A.12) (required 24’-0; proposed 0’ for tandem parking spaces & 10’+/- for open-air parking space). Exceeding maximum permitted building coverage, as per Section 43-27, Table 43-3 (required 40% for residential; proposed 53%+/-). Fences and walls, including retaining walls must not exceed 4 feet in height in a required front yard setback or in any other required yard setback abutting a street and 6 feet within any other required yard setback, as per Section 43-41.D.3.a). (9’-6” & 8’-2”+/- high proposed), on premises known as 1217 Yonkers Avenue, Block: 6383 Lots: 6, 8, 9, 10, 14, 15, 17, 19, 22, 24-27, Zone: “BA” & “MG”.

NEW HEARINGS

#5247 – Area Variance – Andrew Romano, Esq., on behalf of Rui George (owner), to construct a new 2-family dwelling. Having insufficient rear yard, Section 43-27, Table 43-3 &, Section 43-33L (required 20.0’, proposed 18.75’ +/-). Having insufficient front yard, Section 43-27, Table 43-3, Section 43-33J(2) (required 29.49’ +/- (average alignment); proposed 26.58’ +/-), on premises known as 1323 Nepperhan Avenue, Block: 3378, Lot: 6, Zone: “T”.

#5248 – Area Variance – Andrew Romano, Esq., on behalf of St. Peter’s Kananya Church, to legalize a 1st floor meeting room addition. Having insufficient rear yard, Section 43-35.C.2 and Table 43-3 (required 50, proposed 18 +/- scaled). Having insufficient front yard, Section 43-35.C.2 and Table 43-3 (required 40, proposed 33). Having insufficient side yard, non-residential building in residential district, Section 43-35.C.2 and Table 43-3 (required 24/48, proposed 3.5/23.5). Having insufficient parking, Section 43-128, Table 43-4 (required 6, proposed 0). Exceeding maximum permitted lot coverage, Section 43-35.C.4 (required 40%, proposed 42.2%), on premises known as 18 Greenvale Avenue, Block: 2475, Lot: 110, Zone: “S-50”.

#5249 – Area Variance & Intensification of a Non-Conforming Use – Anthony Ferraro, P.C., Architect, & Faga Savino, LLP, on behalf of Louis Dinapoli (lessee) and R & F Scarsdale LLC (owners) for additions to existing restaurant for proposed east and west dining extension and patio extension as well as an entrance terrace with trellis above. Having insufficient parking, Section 43-128 and Table 4 (required 15 spaces additional, proposed none). Intensification of a non-conforming use requires approval of the ZBA per Section 43-21B(1), on premises known as 2 Scarsdale Road, Block: 4546, Lot: 50, Zone: “I”.

JOSEPH CIANCIULLI

CHAIRMAN, ZBA
Add to my Outlook Calendar

Yonkers IDA Audit Committee Meeting Friday, October 15, 2010 8:30 a.m.

Yonkers IDA Audit Committee Meeting

Friday, October 15, 2010
8:30 a.m.
Mayor's Reception Room - City Hall
40 South Broadway
Yonkers, NY

Ethics Board Meeting 10/14/2010 7:00 PM

Ethics Board Meeting
10/14/2010 7:00 PM
City Hall - 40 South Broadway
Mayor's Reception Room

No Agenda Available at Time of Posting.

Planning Board Meeting 10/13/2010 5:30 PM

Planning Board Meeting
10/13/2010 5:30 PM
City Hall--Ceremonial Court Room
40 South Broadway

No Agenda Available at Time of Posting

City Councl Meeting Tuesday Oct. 12th at 7:30pm

AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, OCTOBER 12, 2010
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:
1 MAJORITY LEADER PATRICIA D. McDOW
5 MINORITY LEADER JOHN .M. MURTAGH
COUNCIL MEMBERS:
DISTRICT:
2 WILSON A. TERRERO
3 JOAN GRONOWSKI
4 DENNIS E. SHEPHERD
6 JOHN LARKIN
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 September 28, 2010 approved on motion
of Majority Leader Patricia McDow.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, OCTOBER 12, 2010
2
INDEX
ITEM DESCRIPTION PAGE
1. SO – CAPITAL BUDGET 6
2. RES – SETTLEMENT – CONSENT AGREEMENT 7
& FINAL ORDER EPA ($38,000.00)
3. RES – SALARY & BENEFITS PROTECTION 8/9
READY RESERVE MEMBERS
4. RES – COMMISSIONERS OF DEEDS 10/11
5. RES – EXTRA MILE WEEK 12
6. RES – COLUMBUS DAY 2010 HONOREES 13/14
7. RES – BANNER – SAINT MARY’S ORTHODOX 15
8. RES – BANNER – SAINT JOHN’S EPISCOPAL 16
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, OCTOBER 12, 2010
3
COMMUNICATIONS FROM CITY OFFICIALS
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, OCTOBER 12, 2010
4
COMMUNICATIONS - GENERALLY
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, OCTOBER 12, 2010
5
COMMITTEE OF THE WHOLE

AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, OCTOBER 12, 2010
6
SPECIAL ORDINANCE
1. BY: COUNCIL PRESIDENT LESNICK, MAJORITY LEADER McDOW,
MINORITY LEADER MURTAGH, COUNCILMEMBERS TERRERO,
GRONOWSKI, SHEPHERD AND LARKIN;
AN ORDINANCE ADOPTING THE CAPITAL BUDGET FOR THE FISCAL
YEAR COMMENCING JULY 1, 2010 AND TERMINATING JUNE 30,
2011.
The City of Yonkers, in City Council convened, hereby ordains and
enacts:
Section 1: The Capital Budget for the fiscal year commencing July
1, 2010 and terminating June 30, 2011, a total estimated cost of
$94,039,380 submitted by the Mayor and amended having been filed in
the City Clerk’s office on October 1st, 2010, and a public hearing thereon
which is scheduled to take place on Tuesday, October 19, 2010 is hereby
approved and adopted as the Capital Budget of the City of Yonkers for the
fiscal year commencing July 1, 2010 and terminating June 30, 2011.
Section 2: This ordinance shall take effect immediately.

AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, OCTOBER 12, 2010
7
RESOLUTION
2. BY: COUNCIL PRESIDENT LESNICK, MAJORITY LEADER McDOW,
MINORITY LEADER MURTAGH, COUNCILMEMBERS TERRERO,
GRONOWSKI, SHEPHERD AND LARKIN;
RESOLVED, by the City Council of the City of Yonkers, in meeting
assembled:
That the settlement by the Corporation Counsel of the matter
regarding the United States Environmental Protection Agency (“EPA”)
Case No.: RCRA-02-2009-7103 arising out of violations of the Solid Waste
Disposal Act, as amended, by various laws including the Resource
Conservation and Recovery Act and the Hazardous and Solid Waste
Amendments of 1984, 42 U.S.C. §§6901, et seq., which established
certain procedures, methods and requirements regarding hazardous
waste; on May 5, 6, and 22, 2008, the EPA conducted inspections of the
various buildings owned and used by the City of Yonkers which led to the
issuance of an Administrative Complaint against the City of Yonkers for
violations of the Solid Waste Disposal Act, which matter has now been
settled with the City to a stipulated penalty of Thirty Eight Thousand
Dollars ($38,000.00), and by authorizing the Mayor to enter into an Order
on Consent with the EPA that ensures the prompt and appropriate
payment of said funds; and be it further
RESOLVED, that this resolution shall take effect immediately.

AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, OCTOBER 12, 2010
8
RESOLUTION
3. BY: COUNCIL PRESIDENT LESNICK, MAJORITY LEADER McDOW,
MINORITY LEADER MURTAGH, COUNCILMEMBERS TERRERO,
GRONOWSKI, SHEPHERD AND LARKIN;
WHEREAS, by Resolution No. 46-2008, this City Council offered a
Salary and Benefits Protection to City Officers and Employees who are
Ready Reserve Members who are called to Active Military Duty pursuant
to Executive Order 13223 signed by the President of the United States on
September 14, 2001, and to such other City Officers and Employees
compelled to perform duties related to military preparedness; and
WHEREAS, the terms of such legislation has lapsed; and
WHEREAS, the Mayor and the City Council wish to renew the
terms of such legislation;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF YONKERS, that subject to the provisions of this
Resolution, an Officer or Employee of the City of Yonkers called to active
duty pursuant to the President’s Executive Order 13223, dated September
14, 2001, and performing all military duty during such additional period,
which duty is not part of the regular reservist duties, shall receive from the
City of Yonkers his or her full City salary, including any and all contractual
benefits, along with all of any salary paid to him or her for the performance
of such ordered military duty provided for under the Military Law. Ordered
military duty shall not include duty for which the City Officer or Employee
has volunteered; and be it further
RESOLVED, that no provision of this Resolution shall be offset or
diminished by any compensation that is received by any City Officer or
Employee that is called to active duty pursuant to Executive Order 13223
nor shall the salary, compensation and benefits due such City Officer or
Employee be offset or diminished by virtue of said Officer or Employee
receiving compensation, stipend or benefit as a result of said ordered
military service; and be it further
RESOLVED, that during the time an eligible City Officer or
Employee is receiving salaries provided for under this Resolution, said
City Officer or Employee shall also continue to receive health coverage,
medical coverage and shall receive Credited City Service Time for the
purpose of vacation during the period of ordered military duty and, except
if otherwise provided by law, retirement system contributions shall
continue to be subject to the provisions of law; and be it further
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, OCTOBER 12, 2010
9
RESOLUTION (CONTINUED)
RESOLVED, that this Resolution shall supersede or replace any
existing Resolutions, terms or conditions applicable to City Officers and
Employees; and be it further
RESOLVED, that a City Officer or Employee seeking to enact the
benefits of this Resolution shall furnish proof that the City may deem
necessary to implement such benefits as established and deemed
appropriate by the Mayor of the City of Yonkers; and be it further
RESOLVED that this Resolution shall be applicable to and include
any members of the Ready Reserve ordered to active military duty
pursuant to Executive Order 13223 or any City Officer or Employee
compelled by State or Federal Law or Regulation to perform military duty
which is not part of the regular reservist duty; and be it further
RESOLVED, that this Resolution shall be in effect for the period
beginning with the date following the expiration date of Resolution 46-
2008 and ending on December 31, 2011 and shall be subject to renewal
or continuation by subsequent Resolution.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, OCTOBER 12, 2010
10
RESOLUTION
4. BY: COUNCIL PRESIDENT LESNICK, MAJORITY LEADER McDOW,
MINORITY LEADER MURTAGH, COUNCILMEMBERS TERRERO,
GRONOWSKI, SHEPHERD AND LARKIN;
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 October 31, 2012.
Jeanette Vazquez
9 Franklin Avenue, 4E
Yonkers, New York 10703
Education NEW
Dante Cacace
90 Rosedale Road
Yonkers, New York 10710
Housing Authority RENEWAL
Julia DiNatale
2 Whitehall Road
Eastchester, New York 10709
Housing Authority RENEWAL
Anabel Snowden
47 Tower Place
Yonkers, New York 10703
Housing Authority NEW
Mary Ann Thomas
213 Park Avenue
Yonkers, New York 10703
Housing Authority RENEWAL.

AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, OCTOBER 12, 2010
11
RESOLUTION (CONTINUED)
Michael Novotny
76 Belden Avenue
Dobbs Ferry, New York 10522
Private Investigator RENEWAL
Daissy A. Pena
480 Riverdale Avenue, 3C
Yonkers, New York 10705
Law Firm RENEWAL

AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, OCTOBER 12, 2010
12
RESOLUTION
5. BY: COUNCIL PRESIDENT LESNICK, MAJORITY LEADER McDOW,
MINORITY LEADER MURTAGH, COUNCILMEMBERS TERRERO,
GRONOWSKI, SHEPHERD AND LARKIN;
WHEREAS, the City of Yonkers is a community which
acknowledges that a special vibrancy exists within the entire community
when its individual citizens collectively "go the extra mile" in personal
effort, volunteerism, and service; and
WHEREAS, the City of Yonkers is a community which encourages
its citizens to maximize their personal contribution to the community by
giving of themselves wholeheartedly and with total effort, commitment,
and conviction to their individual ambitions, family, friends, and
community; and
WHEREAS, the City of Yonkers is a community which chooses to
shine a light on and celebrate individuals and organizations within its
community who "go the extra mile" in order to make a difference and lift up
fellow members of their community; and
WHEREAS, the City of Yonkers acknowledges the mission of the
Extra Mile America Foundation to create 100 Extra Mile cities and states
in America and is proud to support "Extra Mile Day" on November 1, 2010
NOW THEREFORE BE IT RESOLVED, the City of Yonkers hereby
declares the week of November 1st through November 7th of 2010 to be
"Extra Mile Week" in the City of Yonkers and urge each individual in the
community to take time during this week to not only "go the extra mile" in
his or her own life, but to also acknowledge all those around who are
inspirational in their efforts and commitment to make their organizations,
families, community, country, or world a better place.

AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, OCTOBER 12, 2010
13
RESOLUTION
6. BY: COUNCIL PRESIDENT LESNICK, MAJORITY LEADER McDOW,
MINORITY LEADER MURTAGH, COUNCILMEMBERS TERRERO,
GRONOWSKI, SHEPHERD AND LARKIN;
WHEREAS, the City of Yonkers is truly blessed and proud of its
many diverse community groups who play an integral leadership role in
preserving and displaying the rich history of each community represented
in our beautiful mosaic of communities; and
WHEREAS, foremost among these groups is the Yonkers
Columbus Day Celebration Committee who leads the efforts each year to
highlight the extensive achievements and contributions of the Italian-
American Community; and
WHEREAS, each year the Yonkers Columbus Day Celebration
Committee hosts a series of events beginning in September, and
culminating with the Columbus Day Parade to commemorate its proud
heritage with all the residents of Yonkers; and
WHEREAS, these special events provide opportunities for the
Committee to bestow well-deserved honors upon outstanding members of
the Italian-American community who have selflessly given of their time,
expertise and resources to promote the welfare and advancement of not
only the Italian American community but also that of our beloved Yonkers;
and
WHEREAS, this year the Yonkers Columbus Day Celebration
Committee under the Chairmanship of JOHN RUBBO, has selected the
following distinguished individuals as honorees for the 2010 Columbus
Day festivities: NICHOLAS D’ANGELO- Humanitarian; ROBERT M.
FERRITO-Hall of Fame; ARMANDO A. RAUSO- Parade Grand Marshal;
and CHRISTINE LETSON - Miss Columbus 2010; and
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, OCTOBER 12, 2010
14
RESOLUTION (CONTINUED)
NOW, THEREFORE, BE IT RESOLVED that the Members of the
Yonkers City Council on behalf of all our residents offers its sincerest
thanks to the officers of the Columbus Day Committee 2010 and to all
members of the Yonkers Columbus Day Celebration Committee for their
tremendous efforts given individually and collectively to make the
Columbus Day festivities in Yonkers enjoyable and educational for
everyone.

AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, OCTOBER 12, 2010
15
RESOLUTION
7. BY: MAJORITY LEADER McDOW, COUNCIL PRESIDENT LESNICK,
MINORITY LEADER MURTAGH, COUNCILMEMBERS TERRERO,
GRONOWSKI, SHEPHERD AND LARKIN;
WHEREAS, St. Mary’s Orthodox Church, located at 485 North
Broadway in Yonkers will be holding its Annual Holiday Tag Sale on
Saturday, November 13, 2010 and
WHEREAS, St. Mary’s Orthodox Church has requested permission
from the City Council to display their banner this event starting the week of
October 18, 2010 until the day of the event in the following location:
1st Choice
Banner on Nepperhan Avenue and Odell Avenue
2nd Choice
Banner at Saw Mill River Road at the Intersection of Lockwood Avenue
(before St. Bart’s)
NOW, THEREFORE BE IT RESOLVED, that the City Council of the
City of Yonkers hereby grants permission to St. Mary’s Orthodox Church
to place a banner in the aforementioned locations, 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 12, 2010
16
RESOLUTION
8. BY: MINORITY LEADER MURTAGH, COUNCIL PRESIDENT LESNICK,
MAJORITY LEADER McDOW, COUNCILMEMBERS TERRERO,
GRONOWSKI, SHEPHERD AND LARKIN;
WHEREAS, St. John’s Episcopal Church, 100 Underhill Street in
the northeast section of Yonkers will hold their Annual Fall Harvest Fair on
Saturday, November 6th, 2010 from 10:00 am to 3:00 pm, and St. John’s
has requested permission from the City Council to hang a banner
promoting this event informing the public as to the details involved with the
Fair, and
WHEREAS, St. John’s Episcopal Church has asked for permission
to place the promotional banner on the Northbound overpass across
Central Park Avenue at Tuckahoe Rd. or at the overpass near Sadore
Lane as space permits from October 23rd through November 6th, 2010;
and to be removed as soon after November 6th as possible.
NOW, THEREFORE BE IT RESOLVED, the City Council of
Yonkers hereby grants permission to St. John’s Episcopal Church to place
their banner at 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 12, 2010
17
COMMITTEE REPORTS

The Perils of Green

http://www.nytimes.com/2010/10/06/business/energy-environment/06noise.html

Landmarks Preservation Board Meeting 10/6/2010 7:00 PM

Landmarks Preservation Board Meeting
10/6/2010 7:00 PM
City Hall-Ceremonial Court Room
40 South Broadway

No Agenda Available at Time of Posting

Green Policy Task Force 10/6/2010 6:30 PM

Green Policy Task Force
10/6/2010 6:30 PM
City Hall
40 S. Broadway, room 406 conference room
Yonkers, New York 10701

Yonkers Downtown Rezoning Meeting Tonight at 6pm

Re-Zoning in Yonkers

The City of Yonkers Department of Planning

& Development invites you to

Yonkers Downtown Re-Zoning Public Meeting

Review developing designs and provide feedback

Wednesday, October 6th, 2010

6:00pm - 8:00pm

Yonkers Riverfront Library Auditorium

1 Larkin Plaza

Yonkers, NY 1070

Board of Contract and Supply Monthly Meeting 9/29/2010 10:30 AM - 11:00 AM

Board of Contract and Supply (BOCS)
Monthly Meeting
9/29/2010 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

Zoning Board of Appeals 9/28/2010 6:00 PM

Zoning Board of Appeals
9/28/2010 6:00 PM
City Council Chambers
City Hall-4th Floor
Yonkers, New York 10701
** NOTE: NEW DATE

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, SEPTEMBER 28, 2010 at 6:00 P.M. sharp, in the Ceremonial Courtroom, 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:

#5240 – Area Variance – Andrew Romano, Esq., on behalf of Sandra Raymond (owner), on premises known as 17 Sunnybrook Road, Block: 5398, Lot: 24, Zone: “S-200”.

CONTINUED HEARINGS:

# 5224 – Area Variance – James J. Veneruso, Esq. on behalf of Smith-Cairns Ford, Inc. (owner), for an addition & modification to auto sales facility. Whereas, parking of display vehicles not permitted within minimum front yard as per Section 43-38C (3). And exceeds maximum number of ground/pole signs permitted on site (3 permitted; 4 proposed) per Sign Ordinance Section 47-7A(8),on premises known as 900 Central Park Avenue aka 10 Schaefer Avenue, Block: 5111 Lot: 1, Zone: “OL”.

# 5231 – Use & Area Variance – Veneruso, Curto, Schwartz & Curto, LLP on behalf of Blue Real Estate Holdings, LLC (owner), to construct a new 15-story 220 unit residential apartment building with 4,500 sq.ft. retail space. Whereas, the proposed use is not permitted, as per Section 43-27, Table 43-1 (accessory parking for business use in MG zone). Exceeding maximum permitted floor area ratio, as per Section 43-27, Table 43-3 (required 3.00; proposed 6.10+/-). Exceeding maximum permitted height, as per Section 43-27, Table 43-3 (required 112.5’; proposed 165.1’+/-). Insufficient front yard, as per Section 43-27 & Table 43-3 (required 10’; proposed 1”+/- (Yonkers Avenue)). Parking within the minimum front yard is not permitted, as per Section 43-133(A)1. Parking within the minimum side yard is not permitted, as per Section 43-133(A)1. Insufficient parking aisle width, as per Section 43-134.A.12) (required 24’-0; proposed 0’ for tandem parking spaces & 10’+/- for open-air parking space). Exceeding maximum permitted building coverage, as per Section 43-27, Table 43-3 (required 40% for residential; proposed 53%+/-). Fences and walls, including retaining walls must not exceed 4 feet in height in a required front yard setback or in any other required yard setback abutting a street and 6 feet within any other required yard setback, as per Section 43-41.D.3.a). (9’-6” & 8’-2”+/- high proposed), on premises known as 1217 Yonkers Avenue, Block: 6383 Lots: 6, 8, 9, 10, 14, 15, 17, 19, 22, 24-27, Zone: “BA” & “MG”.

NEW HEARINGS:

#5242 – Area Variance – Andrew Romano, Esq., on behalf of Benito Lopez (owner), for interior alterations to convert existing 1-family and dentist office to a 4-family multiple dwelling. Having insufficient side yard, Section 43-27, Table 43-3 (required 16/32, proposed 3.96/16.46). Insufficient driveway width: required 20 ft. to 30 ft.; proposed less than 12.5 ft., Reference YZO 43-121.D(4), Illustration 28. And insufficient front yard, Section 43-27 and Table 43-3 (required 25 ft., proposed 20.5 ft.), on premises known as 251 Valentine Lane, Block: 124, Lot: 58, Zone: “A”.

#5243 – Area Variance – Andrew Romano, Esq., on behalf of Paul Oteri (owner), for interior alterations to convert office space into retail space. Having insufficient parking, Section 43-128 and Table 43-4 (1 additional space required, 0 spaces proposed), on premises known as 1022 a/k/a 1024 Yonkers Avenue, Block: 6163, Lot: 12, Zone: “B”.

#5244 – Area Variance & Improvement & Intensification to a Non-Conforming Use – Andrew Romano, Esq., on behalf of Jeffrey Lebron (owner), to permit dormers on the second floor and re-configure rooms on the first floor of an existing 2-family dwelling. Whereas, improvement to a non-conforming use requires Zoning Board of Appeals approval as per Section 43-21.G) (2-family use in an S-50 Zone). A non-conforming use shall not be enlarged, intensified, altered structurally or extended without Zoning Board of Appeals approval as per Section 43-21.B.1 and 43-21.B.2). Exceeding maximum permitted floor area ratio, Section 43-27, Table 43-3 (required 0.75, proposed 0.81). Plans appear to violate Section 43-34H(a) – side setback plane requirements – Variance required. Plans submitted violate Section 43-34H(a) – side wall articulation – Variance required, on premises known as 475 Kimball Avenue, Block: 6359, Lot: 24, Zone: “S-50”.

#5245 – Area Variance – Taffy Williams (owner), on behalf of herself, to construct a 1-story addition in rear yard and build entrance with foyer and side garage, side patio at grade level and basement extension to an existing 1-family dwelling. Having insufficient front yard, Section 43-27, Table 43-3 (required 20’-3” +/- per plot plan, proposed 15’-9” +/- front vestibule and 18’-0” +/- to front bay window). Insufficient side yard, Section 43-27, Table 43-3 (required 6’-0”, proposed 0’-6” to proposed garage (south side)). Insufficient side yard to proposed patio Section 43-41(A)(2) (3’-0” minimum required, proposed 0’-6”). Insufficient side yard to deck over proposed garage, Section 43-41(A)(2), (required 6’-0”, proposed 0’-6”). Insufficient side yard; Section 43-27, Table 43-3 (required 14’-6”, proposed 10’-0” +/- scaled to proposed addition). Insufficient total side yard Section 43-27, Table 43-3 (required 15 feet, proposed 6’ feet (south side); 10’-6” proposed (north side). Exceeds maximum driveway slope 15% maximum; 16% provided, on premises known as 191 Westchester Avenue, Block: 4573, Lots: 10 & 12, Zone: “S-50”.

#5246 – Area Variance – Whitelaw Architects, on behalf of 333 Bronx River Tenants Corp. (owners), to remove an in-ground swimming pool and deck and install new fence and retaining walls. Whereas, fences and walls, including retaining walls must not exceed 4 feet in height in a required front yard setback or in any other required yard setback abutting a street and 6 feet in height within any other required yard setback (ref. Yonkers Zoning Ordinance 43-41.D.3.a). Proposed fence is 8’ high. Proposed retaining wall is 7.75’ high, on premises known as 333 Bronx River Road, Block: 6307, Lot: 150, Zone: “A”.

JOSEPH CIANCIULLI

CHAIRMAN, ZBA

United Arab Emirates builds Masdar as a Sustainable Development City

http://www.nytimes.com/2010/09/26/arts/design/26masdar.html?hpw

CITY COUNCIL OF THE CITY OF YONKERS STATED MEETING TUESDAY, SEPTEMBER 28, 2010 at 8pm

AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, SEPTEMBER 28, 2010
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:
1 MAJORITY LEADER PATRICIA D. McDOW
5 MINORITY LEADER JOHN .M. MURTAGH
COUNCIL MEMBERS:
DISTRICT:
2 WILSON A. TERRERO
3 JOAN GRONOWSKI
4 DENNIS E. SHEPHERD
6 JOHN LARKIN
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 September 15, 2010 approved on motion
of Majority Leader Patricia McDow.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, SEPTEMBER 28, 2010
2
INDEX
OLD BUSINESS
ITEM DESCRIPTION PAGE
1. SPECIAL ORDINANCE – LONG HOUSE 7/8
CONNECTION – 61 GIBSON AVE
2. SPECIAL ORDINANCE – LONG HOUSE 9/10
CONNECTION – 65 GIBSON AVE
NEW BUSINESS
3. LOCAL LAW – “ENTITLED POLICE” – PUBLIC 11/19
NUISANCE ABATEMENT
4. GENERAL ORDINANCE – CODE AMENDMENT 20/21
DEFINITIONS AND USES
5. SPECIAL ORDINANCE – LONG HOUSE 22/23
CONNECTION – 18 PROSPECT TERRACE
6. RES – INTER-MUNICIPAL AGREEMENT 24
RAPID RESPONSE PLAN
7. RES – REQUESTING PASSAGE OF STATE 25/26
LEGISLATION – CIVIL SERVICE LAW
8. RES – REAPPOINTMENT LANDMARKS BOARD 27
DONNA INGRAHAM
9. RES – REAPPOINTMENT LANDMARKS BOARD 28
BOB YEDOWITZ
10. RES – BANNER – NEPERA PARK TAG SALE 29
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, SEPTEMBER 28, 2010
3
RECEPTION OF PETITIONS
PETITIONER: ANDREW J. BALINT, ESQ.
PROPERTY: FERNCLIFF MANOR, INC.
1154 SAW MILL RIVER ROAD
ZONE CHANGE: TEXT CHANGE – DEFINITION OF “DAY CARE
CENTER”.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, SEPTEMBER 28, 2010
4
COMMUNICATIONS FROM CITY OFFICIALS
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, SEPTEMBER 28, 2010
5
COMMUNICATIONS - GENERALLY
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, SEPTEMBER 28, 2010
6
COMMITTEE OF THE WHOLE
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, SEPTEMBER 28, 2010
7
OLD BUSINESS
RESOLUTION
1. BY: COUNCIL PRESIDENT LESNICK, MAJORITY LEADER McDOW,
MINORITY LEADER MURTAGH, COUNCILMEMBERS TERRERO,
GRONOWSKI, SHEPHERD AND LARKIN;
AN ORDINANCE AUTHORIZING AND PERMITTING THE PROPERTY
OF 61 GIBSON PLACE. BLOCK 51 LOT (S) 11 TO MAKE A LONG
HOUSE CONNECTION TO THE CITY'S SANITARY SYSTEM IN
COURTER AVE. (NO EXPENSE TO THE CITY OF YONKERS).
The City of Yonkers, in City Council convened, hereby ordains and
enacts:
Section 1. Permission is hereby granted to the property owner of
61 GIBSON PL., Block 51 Lot(s) 11 to make a long house sanitary sewer
connection from said lot to a city sanitary sewer in Rigby Street at his
own cost and expense and in accordance with the plan submitted by
STEVEN A. COSTA, P.E. # 64369 dated 12/29/2009, filed in the
Plumbing Division, subject to the conditions of a Plumbing Permit to be
secured from the Plumbing Division and a street opening permit to be
secured from the City Engineer.
Section 2. This permission is granted under the following terms
and conditions, to wit:
The granting of this permission shall, in no way, free or release the
said owner, or his successors, from the payment of any assessments or
benefits accruing to said lot by reason of the construction of any sanitary
sewer already built, or that hereafter shall be built, to serve the area within
which the lot herein referred to is located.
The cost of construction, maintenance and repairs of said long house
connection shall be the responsibility of the owner of the building served
by the long house connection.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, SEPTEMBER 28, 2010
8
SPECIAL ORDINANCE (CONTINUED)
Section 3. This ordinance shall take effect immediately.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, SEPTEMBER 28, 2010
9
SPECIAL ORDINANCE
2. BY: COUNCIL PRESIDENT LESNICK, MAJORITY LEADER McDOW,
MINORITY LEADER MURTAGH, COUNCILMEMBERS TERRERO,
GRONOWSKI, SHEPHERD AND LARKIN;
AN ORDINANCE AUTHORIZING AND PERMITTING THE PROPERTY
OF 65 GIBSON PLACE. BLOCK 51 LOT (S) 13 TO MAKE A LONG
HOUSE CONNECTION TO THE CITY'S SANITARY SYSTEM IN
COURTER AVE. (NO EXPENSE TO THE CITY OF YONKERS).
The City of Yonkers, in City Council convened, hereby ordains and
enacts:
Section 1. Permission is hereby granted to the property owner of
65 GIBSON PL., Block 51 Lot(s) 13 to make a long house sanitary sewer
connection from said lot to a city sanitary sewer in Rigby Street at his
own cost and expense and in accordance with the plan submitted by
STEVEN A. COSTA, P.E. # 64369 dated 12/29/2009, filed in the
Plumbing Division, subject to the conditions of a Plumbing Permit to be
secured from the Plumbing Division and a street opening permit to be
secured from the City Engineer.
Section 2. This permission is granted under the following terms
and conditions, to wit:
The granting of this permission shall, in no way, free or release the
said owner, or his successors, from the payment of any assessments or
benefits accruing to said lot by reason of the construction of any sanitary
sewer already built, or that hereafter shall be built, to serve the area within
which the lot herein referred to is located.
The cost of construction, maintenance and repairs of said long
house connection shall be the responsibility of the owner of the building
served by the long house connection.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, SEPTEMBER 28, 2010
10
SPECIAL ORDINANCE (CONTINUED)
Section 3. This ordinance shall take effect immediately.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, SEPTEMBER 28, 2010
11
NEW BUSINESS
LOCAL LAW
3. BY: COUNCIL PRESIDENT LESNICK, MAJORITY LEADER McDOW,
MINORITY LEADER MURTAGH, COUNCILMEMBERS TERRERO,
GRONOWSKI, SHEPHERD AND LARKIN;
A LOCAL LAW AMENDING CHAPTER 75 OF THE CODE OF THE CITY
OF YONKERS ENTITLED “POLICE” BY ADDING A NEW ARTICLE VI
ENTITLED “PUBLIC NUISANCE ABATEMENT”
Be it enacted by the City Council of the City of Yonkers, as follows:
Section 1. Chapter 75 of the Code of the City of Yonkers
entitled “Police” and is hereby amended, in part by deleting the current
Article VI entitled “Public nuisance” and adding thereto a new Article
VI entitled “Public nuisance abatement” to read as follows:
ARTICLE VI
PUBLIC NUISANCE ABATEMENT
§75 – 22. Legislative findings.
It is the finding of this City Council that public nuisances
exist in the City of Yonkers in the operation of certain
establishments and the use of property in flagrant violation
of the penal laws relating to controlled substances ,
dangerous drugs, prostitution, stolen property and illegal
use or possession of weapons, as well as other provisions
of state and local law, all of which substantially and
seriously interfere with the interests of the public in the
quality of life and total community environment, commerce
in the City, property values and the public health, safety and
welfare. The City Council further finds that the occurrence of
such activities and violations is detrimental to the health,
safety and welfare of the City of Yonkers and of the
businesses thereof and visitors thereto. It is the purpose of
this law to authorize and empower the Police Commissioner
to impose sanctions and penalties for such public
nuisances, and such powers may be exercised either in
conjunction with or apart from the powers contained in other
laws, without prejudice to the use of procedures and
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, SEPTEMBER 28, 2010
12
LOCAL LAW (CONTINUED)
remedies available under other laws. The City Council
further finds that the sanctions and penalties imposed by
the Commissioner pursuant to this law constitute an
additional and appropriate method of law enforcement in
response to the proliferation of the above described public
nuisances. These sanctions and penalties are reasonable
and necessary in order to protect the health and safety of
the people of the City of Yonkers and to promote the
general welfare.
§75 – 23. Definitions.
Unless otherwise expressly stated, the following terms
shall, for the purpose this law, have the meanings indicated:
COMMISSIONER – The Commissioner of the Police
Department, or his or her designee.
MORTGAGEE – The person or entity who is listed as the
mortgagee on any unsatisfied or otherwise open mortgage
on the premises recorded in the Office of the Westchester
County Clerk.
OWNER – Those shown to be the owner or owners on
the records of the City of Yonkers, Department of
Assessment, those identified as the owners or owners of the
building or whose name is listed on any document
describing him, her, them or some other entity as owner,
recorded in the office of the Westchester County Clerk.
PREMISES – The building, place or property whereon a
public nuisance is being conducted or exists.
PUBLIC NUISANCE
A. For purposes of this law, a public nuisance shall be
deemed to exist whenever, through violations of any of
the following provisions resulting from separate
incidents occurring at or predicated at events
circumstances or activities occurring on the premises,
12 or more points are accumulated within a period of
six months, or 18 or more points are accumulated
within a period of 12 months in accordance with the
following point system. Where more than one violation
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, SEPTEMBER 28, 2010
13
LOCAL LAW (CONTINUED)
occurs during a single incident, the total points for the
incident shall be the highest point value assigned to any
single violation. The following violations shall be assigned
the point value indicated :
(1) Article 220 of the Penal Law (Controlled Substances
Offenses) or a plea to a lesser included offense
thereunder. Six Points.;
(2) Article 221 of the Penal Law (Offenses involving
Marijuana) or a plea to a lesser included offense
thereunder. Six Points.;
(3) Article 225 of the Penal Law (Gambling Offenses) or a
plea to a lesser included offense thereunder. Six
Points.;
(4) Article 230 of the Penal Law (Prostitution Offenses) or
a plea to a lesser included offense thereunder. Six
Points.;
(5) Sections 165.40, 165.45, 165.50, 165.52 and 165.42
of the Penal Law ( Criminal Possession of Stolen
Property) or a plea to a lesser included offense
thereunder. Six Points.;
(6) Sections 65 or 82 of the Alcoholic Beverage Control
Law or a plea to a lesser included offense thereunder.
Six Points.;
(7) Article 265 of the Penal Law (Firearms and Other
Dangerous Weapons) or a plea to a lesser included
offense thereunder. Six Points.;
(8) Sections 260.20 and 260.21 of the Penal Law
(Unlawfully Dealing with a Child) or a plea to a lesser
included offense thereunder. Six Points.;
(9) Article 263 of the Penal Law (Sexual Performance by
a Child) or a plea to a lesser included offense
thereunder. Six Points.;
(10) Section 415-a of the Vehicle and Traffic Law
(Vehicle Dismantlers) or a plea to a lesser included
offense thereunder. Four Points.;
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, SEPTEMBER 28, 2010
14
LOCAL LAW (CONTINUED)
(11) Section 175.10 of the penal Law (Falsifying
Business Records) or a plea to a lesser included
offense thereunder. Four Points.;
(12) Sections 170.65 and 170.70 of the Penal Law
(Forgery of and Illegal Possession of a Vehicle
Identification Number) or a plea to a lesser included
offense thereunder. Four Points.;
(13) Possession, use, sale or offer for sale of any
alcoholic beverage in violation of Article 18 of the Tax
Law , or of any cigarette or tobacco products in
violation of Article 20 of the Tax Law or a plea to a
lesser included offense thereunder. Four Points.;
(14) Article 178 of the Penal Law (Criminal Diversion of
Prescription Medications and Prescriptions) or a plea
to a lesser included offense thereunder. Four Points.
(15) Section 147 of the Social Services Law. (Food
Stamp Program Fraud.) or a plea to a lesser included
offense thereunder. Four Points.:
(16) Operating a business during hours which the
business is required to be closed pursuant to Chapter
43 of the Code of the City of Yonkers, otherwise
known as the Zoning Code: Four Points.
B. For the purposes of this law, a conviction for an
offense in a court of competent jurisdiction or an
administrative bureau shall not be required. Instead the City
shall prove by a preponderance of the evidence that the
violations have occurred. However, a conviction as defined
and applied in accordance with the provisions of Section
1.20 of the Criminal Procedure Law, in any court of
competent jurisdiction, shall constitute conclusive proof of a
violation. Conviction of an attempt to commit a violation of
any of the specified provisions shall be considered a
conviction for a violation of the specified provision.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, SEPTEMBER 28, 2010
15
LOCAL LAW (CONTINUED)
§75-24. Remedies to abate public nuisances.
In addition to the enforcement procedures established
elsewhere, the Commissioner after notice and an
opportunity for a hearing, shall be authorized:
A. To order the discontinuance of such activity at the
premises where such public nuisances exist; and/or
B. To order the closing of the premises to the extent
necessary to abate the public nuisance.
§75-25. Service of notice.
A. Prior to the issuance of an order by the
Commissioner, pursuant to this law, the Commissioner
shall give notice and opportunity for a hearing to the
owner, and any other person directly or indirectly in
control of the premises wherein the public nuisance is
being conducted, maintained or permitted. Such notice
and opportunity to be heard may be given to a
mortgagee of the premises. Such notice shall be
served upon an owner or any other person directly or
indirectly in control of the premises pursuant to Article
3 of the New York State Civil Practice Law and Rules,
and upon a mortgagee by means of certified mail,
return receipt requested, sent to the mortgagee’s last
known address, provided that any other service other
than delivery to the person to be served shall be
complete immediate upon delivery, mailing or posting
without the necessity of filing proof of service with the
clerk of the court.
B. The notice specified in Subsection A of this section
shall:
(1)Specify the activity creating the public nuisance;
(2) Provide 30 days for elimination for the public
nuisance;
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, SEPTEMBER 28, 2010
16
LOCAL LAW (CONTINUED)
(3) Inform the person to whom it is directed of their
right to apply within 10 days of service of the notice
for a hearing before the Commissioner;
(4) Inform the owner or any other person directly or
indirectly in control of the premises that upon
expiration of 30 days after service without a
hearing before the Commissioner, or upon
noncompliance with any written agreement
reached at the hearing, the Commissioner shall act
to obtain compliance as provided by this law; and
(5) Inform the owner or any other person directly or
indirectly in control of the premises of the
obligation to post a copy of the notice within 5
days, in a conspicuous place, so that all premises
occupants and others entering the premises shall
have notice that the public nuisance is being
conducted, maintained or permitted on the
premises and that upon expiration of 30 days after
service of the notice, the Commissioner shall act to
obtain compliance as provided in this law, including
but not limited to, closing the premises.
§75-26. Lack of Knowledge no defense.
The lack of knowledge of, acquiescence or
participation in, or responsibility for a public nuisance on
the part of the owner, mortgagee or any other person
directly or indirectly in control of the premises, or having
any interest in the premises or in any property, real or
personal, used in conducting or maintaining the public
nuisance, shall not be a defense by such owner,
mortgagee or other person.
§75-27. Issuance of order.
The Commissioner shall issue the order provided
for in Section 75-25 herein by posting said order on the
premises wherein the public nuisance is occurring and
mailing a copy by first class mail of said order to the
owner, mortgagee or any other persons directly or
indirectly in control of the premises, within one business
day of the posting of said order on the premises.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, SEPTEMBER 28, 2010
17
LOCAL LAW (CONTINUED)
§75-28. Enforcement of order
A. No sooner than five business days after the
issuance of the order pursuant to Sections 75-25
and 75-28, and upon the directive of the
Commissioner, officers of the Yonkers Police
Department are authorized to act upon and enforce
such order
B. Where the Commissioner closes a premises
pursuant to this law, such closing shall be for such
period as the Commissioner may direct, but in no
event shall the closing be for a period of greater
than one year from the issuance of the order.
C. Upon receiving a copy of the order issued by the
Commissioner, pursuant to Sections 75-25 and 75-
28, the Corporation Counsel shall maintain a
special proceeding to affix a civil penalty in the
amount of up to $5,000, and to collect any costs
and expenses incurred by the City of Yonkers, in
commencing the proceeding, closing the premises
and in relocating any occupants on the premises.
The Corporation Counsel shall file a notice of
pendency of the proceeding in the Westchester
County Clerk’s Office.
D. The judgment in such proceeding, in favor of the
City of Yonkers, shall establish the penalty sued for
with costs and disbursements as a lien upon the
premises, subject only to taxes, assessments,
water rates, mortgages and mechanic’s liens as
they exist thereon.
§75-29. Judgment and action by the Corporation
Counsel.
A. The Corporation Counsel shall have the power, on
ex parte application to any court of competent
jurisdiction, to appoint a receiver of rents and
profits of the premises for the purposes of
collecting the civil penalty established pursuant to
Section 75-29 herein, and abating the public
nuisance. The receiver shall have the powers,
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, SEPTEMBER 28, 2010
18
LOCAL LAW (CONTINUED)
duties and rights of a receiver of rents and profits of real
estate, as provided by law; provided, however, that the
Corporation Counsel shall act as counsel to the receiver,
and the receiver shall not be allowed any expenditure for
counsel fees, and the receiver’s services and those of
any agent or agents whom the receiver may retain. The
receivership shall continue until the amount of the City of
Yonkers’ liens, with interest at the rate of 9% per annum
and the receiver’s commissions, have been fully paid and
the nuisance abated; provided further, that nothing in this
section shall be construed to prevent any prior lienor from
applying to a court in a proper case for a receiver of the
premises.
B. At any time after the entry of any judgment
establishing a lien upon the premises, the
Corporation Counsel, on behalf of the City of
Yonkers, may apply to the court for leave to sell
the premises. Upon such application, the court may
order the premises sold at public auction, subject
to taxes, assessments, water rates, mortgages
and mechanics liens.
§75-30. Closing not possession.
A closing directed by the Commissioner pursuant
to this Article, shall not constitute an act of possession,
ownership or control by the City of Yonkers over the
closed premises.
§75-31. Disobedience of Police Commissioner’s order.
A. It shall be a Class I offense for any person to use
or occupy or to permit any other person to use or
occupy, the premises or any portion thereof,
ordered closed by the Commissioner.
B. Mutilation or removal of a posted order of the
Commissioner shall be a Class II offense.
C. Intentional disobedience of or resistance to any
provision of the order issued by the Commissioner,
in addition to any other punishment prescribed by
law, shall be a Class II offense.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, SEPTEMBER 28, 2010
19
LOCAL LAW (CONTINUED)
D. Each day’s violation shall be a separate offense.
§75-32. Promulgation of rules and regulations.
The Commissioner may promulgate such rules
and regulations as may be necessary to carry out the
provisions of this law.
§75-33. Administrative liability.
Neither the City of Yonkers, nor any officer, agent
or employee thereof, shall be personally liable for any
damage resulting from any official determination, order or
action required or permitted under this law.
§75-34. Severability.
If any provision of this article or the application
thereof to any person or circumstances is held invalid, the
remainder of this article and the application of such
provision to the other persons or circumstances shall not
be rendered invalid thereby.”
Section 2. This Local Law shall take effect
immediately.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, SEPTEMBER 28, 2010
20
GENERAL ORDINANCE
4. BY: COUNCIL PRESIDENT LESNICK, MAJORITY LEADER McDOW,
MINORITY LEADER MURTAGH, COUNCILMEMBERS TERRERO,
GRONOWSKI, SHEPHERD AND LARKIN;
A GENERAL ORDINANCE GENERALLY AMENDING CHAPTER
43 OF THE CODE OF THE CITY OF YONKERS (COMMONLY
KNOWN AS THE CITY OF YONKERS ZONING ORDINANCE)
PERTAINING TO DEFINITIONS AND USES.
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:
BLIGHT SITE: A building, structure or land that exerts a
negative influence upon the surrounding properties as
evidenced a history of violations of City
or State ordinances and codes relating to health and safety,
Building and Fire Code violations, persistent vacancy and
violation of other City of Yonkers or State codes and
ordinances related but not limited to property maintenance.
PERSISTENT VACANCY: A building, structure or land that:
a) has been vacant and not used for a legal purpose for
more than six (6) months; and/or (b) is not undergoing
renovation and/or repair as evidenced by a building permit(s)
actively being pursued.
PERSISTENTLY VACANT BUILDING OR STRUCTURE: A
persistently vacant building or structure shall be one that; (a)
has been vacant and not used for a legal purpose for more
than six (6) months; and/or (b) is not undergoing renovation
and/or repair as evidenced by a building permit(s) actively
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, SEPTEMBER 28, 2010
21
GENERAL ORDINANCE (CONTINUED)
being pursued; and/or (c) has been found to be in violation of
one or more City or State codes or ordinances and (d) is
exhibiting a blighting influence upon the surrounding
community.
VACANT: Lands or buildings that are not actively used for
any purpose.
Section 2. Section 43 – 28 of the Code of the City of Yonkers
entitled “Use and Dimensional Regulations”, specifically, is hereby
amended in part by the addition of the following terms to be placed in
alphabetical order within the section:
“Blight Site
Persistent Vacancy
Persistently Vacant Building or Structure
Vacant.”
Section 3. This Ordinance shall take effect immediately.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, SEPTEMBER 28, 2010
22
SPECIAL ORDINANCE
5. BY: COUNCIL PRESIDENT LESNICK, MAJORITY LEADER McDOW,
MINORITY LEADER MURTAGH, COUNCILMEMBERS TERRERO,
GRONOWSKI, SHEPHERD AND LARKIN;
AN ORDINANCE AUTHORIZING AND PERMITTING THE PROPERTY
OF 18 PROSPECT TERRACE, BLOCK 106 LOT (S) 30 TO MAKE A
LONG HOUSE CONNECTION TO THE CITY'S SANITARY SYSTEM IN
VAN CORTLANDT PARK AVE. (NO EXPENSE TO THE CITY OF
YONKERS).
The City of Yonkers, in City Council convened, hereby ordains and
enacts:
Section 1. Permission is hereby granted to the property owner of 18
PROSPECT TERRACE, Block 106 Lot 30 to make a long house sanitary
sewer connection from said lot to a city sanitary sewer in Van Cortlandt
Park Ave. at his own cost and expense and in accordance with the plan
submitted by MICHAEL G. CALVI P.E. # 57806 dated July 27,2010 filed
in the Plumbing Division, subject to the conditions of a Plumbing Permit to
be secured from the Plumbing Division and a street opening permit to be
secured from the City Engineer.
Section 2. This permission is granted under the following terms
and conditions, to wit:
The granting of this permission shall, in no way, free or release the
said owner, or his successors, from the payment of any assessments or
benefits accruing to said lot by reason of the construction of any sanitary
sewer already built, or that hereafter shall be built, to serve the area within
which the lot herein referred to is located.
The cost of construction, maintenance and repairs of said long house
connection shall be the responsibility of the owner of the building served
by the long house connection.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, SEPTEMBER 28, 2010
23
GENERAL ORDINANCE (CONTINUED)
Section 3. This ordinance shall take effect immediately.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, SEPTEMBER 28, 2010
24
RESOLUTION
6. BY: COUNCIL PRESIDENT LESNICK, MAJORITY LEADER McDOW,
MINORITY LEADER MURTAGH, COUNCILMEMBERS TERRERO,
GRONOWSKI, SHEPHERD AND LARKIN;
RESOLUTION APPROVING AN INTER-MUNICIPAL AGREEMENT
BETWEEN THE CITY OF YONKERS AND THE COUNTY OF
WESTCHESTER TO FORMALIZE OPERATIONAL PROCEDURES FOR
MUTUAL AID AND RAPID RESPONSE PLAN.
WHEREAS, the County of Westchester and the Police
Departments of the municipalities within Westchester County have
executed a plan by which each member has agreed to make available its
police personnel and equipment to the others upon the occurrence of a
condition which is beyond the scope of its police resources; and
WHEREAS, the provisions of said agreement are governed by
Section 209-m of the General Municipal Law of the State of New York,
which provides that, absent agreement to the contrary, the municipality
receiving police aid (the “Requesting Municipality”) shall reimburse the
municipality providing the aid (the “Assisting Municipality”) for any money
paid by it for police salaries and other expenses incurred by it including
damage to or loss of equipment and supplies; and
WHEREAS, the County of Westchester now desires to have the
City of Yonkers enter into the intermunicipal agreement pertaining to the
Mutual Aid and Rapid Response Plan for the Police Department of
Westchester County;
NOW, THEREFORE, BE IT RESOLVED, that the intermunicipal
agreement between the County of Westchester and the City of Yonkers is
hereby approved and the Mayor or his designee be and the same is
authorized to execute said agreement; and be it further,
RESOLVED, that this resolution will take effect immediately.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, SEPTEMBER 28, 2010
25
RESOLUTION
7. BY: COUNCIL PRESIDENT LESNICK, MAJORITY LEADER McDOW,
MINORITY LEADER MURTAGH, COUNCILMEMBERS TERRERO,
GRONOWSKI, SHEPHERD AND LARKIN;
WHEREAS, the Civil Service of the State of New York State and
each of its civil divisions is comprised of the classified and unclassified
service; and
WHEREAS, Section 35, subsections (a) through (k) of the New
York State Civil Service Law delineate those positions which are included
within the unclassified service; and
WHEREAS, subsection (c) specifies that “all officers and
employees of the state legislature, and all officers and employees of any
other legislative body whose principal functions and duties are directly
related to the performance of the legislative functions of such body” shall
be included within the unclassified service; and
WHEREAS, subsection (c) takes into consideration the nature and
special needs of legislative bodies and the legislative process and,
thereby, appropriately places officers and employees of both state and
local legislative bodies within the unclassified service of civil service; and
WHEREAS, these same special needs also exist within the
executive branch of local governments and, as such, require that
executive branch officers and employees not only have the necessary and
appropriate abilities and skill-sets but also have a number of other
required traits --- including, but not limited to, trust, loyalty, confidentiality
and good judgment --- that do not lend themselves to testing; and
WHEREAS, while Section 35 of the New York State Civil Service
places officers and employees of legislative bodies and members of
various other groups into the unclassified service, executive branch
officers and employees whose principal functions and duties are directly
related to the performance of the executive functions of its respective
Mayor or Supervisor have been omitted; and now
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, SEPTEMBER 28, 2010
26
RESOLUTION (CONTINUED)
THEREFORE BE IT RESOLVED, that the City Council requests the
introduction and passage of State legislation amending Section 35 of the
New York State Civil Service Law by adding a new subsection, subsection
(l), so as to include all officers and employees of any municipality whose
principal functions and duties are directly related to the performance of the
executive functions of its respective municipal Mayor or Supervisor within
the unclassified service; and be it further
RESOLVED, that the City Council requests that Governor David
Paterson, upon his review and determination, sign into law legislation that
addresses the inequity in Section 35 of the New York State Civil Service
Law; and be it further
RESOLVED, that the Yonkers City Clerk be and hereby is
authorized and directed to forward a duly certified copy of this Resolution
to Governor David Paterson, Temporary President of the Senate Malcolm
A. Smith, Senate Majority Leader Pedro Espada, Jr., Assembly Speaker
Sheldon Silver, Senate Civil Service Committee Chair Diane Savino,
Assembly Civil Service Government Employees Committee Chair Peter
Abbate, Jr., and all members of Yonkers’ State Delegation; and be it
further
RESOLVED, that this resolution shall take effect immediately.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, SEPTEMBER 28, 2010
27
RESOLUTION
8. BY: COUNCIL PRESIDENT LESNICK, MAJORITY LEADER McDOW,
MINORITY LEADER MURTAGH, COUNCILMEMBERS TERRERO,
GRONOWSKI, SHEPHERD AND LARKIN;
NOW, THEREFORE BE IT RESOLVED, that the Yonkers City
Council hereby gives its approval and consent to the reappointment of
Donna Giambrone Ingram of Yonkers, New York as a Member of the
Landmarks Preservation Board for the three-year term that began on
March 20, 2010 and that will expire on March 19, 2013.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, SEPTEMBER 28, 2010
28
RESOLUTION
9. BY: COUNCIL PRESIDENT LESNICK, MAJORITY LEADER McDOW,
MINORITY LEADER MURTAGH, COUNCILMEMBERS TERRERO,
GRONOWSKI, SHEPHERD AND LARKIN;
BE IT RESOLVED that the Yonkers City Council hereby gives its
approval and consent to the appointment of Robert Yedowitz, a Yonkers
resident, to the Landmarks Preservation Board for a three -year term to
expire three years after the effective date of this Resolution.
AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
STATED MEETING
TUESDAY, SEPTEMBER 28, 2010
29
RESOLUTION
10. BY: COUNCILMEMBER LARKIN, COUNCIL PRESIDENT LESNICK,
MAJORITY LEADER McDOW, MINORITY LEADER MURTAGH,
COUNCILMEMBERS TERRERO, GRONOWSKI, AND SHEPHERD;
WHEREAS, Nepera Park-Grey Oaks Neighborhood Association of
Yonkers will be holding its annual "Flea Market/Tag Sale" on Saturday,
November 13, 2010 to benefit both St. Mark’s and St. Anthony’s Church,
and has requested permission from the City Council to place a banner in
the area promoting this event; and
WHEREAS, Nepera Park-Grey Oaks Neighborhood Association
has asked that they be permitted to place one (1) banner closest to the
intersection of Odell and Nepperhan Ave., on or around October 4, 2010
and to be removed as soon after November 13, 2010 as is possible; and
WHEREAS, said location is subject to the scheduling and
availability of the banner site as administered by the Department of Public
Works.
NOW, THEREFORE BE IT RESOLVED, that the City Council of the
City of Yonkers hereby grants permission to Nepera Park-Grey Oaks
Neighborhood Association 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, SEPTEMBER 28, 2010
30
COMMITTEE REPORTS

Yonkers IDA Public Hearing: Woodstock Manor, L.P. Monday, September 27, 2010 at 5#0pm

Yonkers IDA Public Hearing:
Woodstock Manor, L.P.
Monday, September 27, 2010

Time: 5:30 pm

Location: Mayor's Reception Room
City Hall - 40 South Broadway
Yonkers, New York

Yonkers Development Featured in Wall Street Journal Public Relations Article

http://online.wsj.com/article/SB10001424052748704523604575511793702928802.html?mod=googlenews_wsj

Yonkers City Council To Target Certain "Blighted" Properties

http://www.lohud.com/article/20100926/NEWS02/9260373/Yonkers-council-considers-new-laws-on-public-nuisances-and-blight

RULES COMMITEE MEETING 9/21/2010 6:30 PM

RULES COMMITEE MEETING
9/21/2010 6:30 PM
YONKERS CITY HALL
40 SOUTH BROADWAY
YONKERS, New York 10701

NO AGENDA AVAILABLE AT TIME OF POSTING

Legislation, Codes & Intergovernmental Committee Meeting, Tuesday, Sept. 21st at 5pm

Legislation, Codes & Intergovernmental Committee Meeting, Tuesday, Sept. 21st at 5pm, City Hall, 4th floor Room 406

Please click the following link to access Agenda Items & Documents. You can also access the Agenda through the “H” drive in Council Share folder under Legislation and Codes Committee. Backup to follow, also on “H” drive.

H:\Council Share\Legislation & Codes\Sept. 21, 2010



1. Local Law to amend Chapter 7, Article V to create sub-section ‘F’ entitled “Notice to the City Council Post Adoption”.

2. Resolution amending Section 47 “Outdoor signs” to include sign ordinances for mobile billboards and mobile billboard trucks as a proactive measure to insure quality of life for Yonkers residents and visitors.

3. Local Law amending Part VII (Nuisances, Public Welfare and Criminal) to City Code to insure building and property owners are held accountable for all activities within their property.

4. Resolution- approving Inter-Municipal Agreement between the City and Westchester County to formalize operational procedures for Mutual Aid and Rapid Response Plan.

5. Resolution- requesting the introduction and passage of State Legislation amending Section 35 of the NYS Civil Service Law to include employees performing executive functions.

6. General Ordinance- amending Chapter 43 of the City Code known as the COY Zoning Ordinance pertaining to definitions and uses.

7. Local law- amending Chapter 75 of the City Code entitled “Police” by adding a ‘new’ article ‘VI’ entitled “Public Nuisance Abatement”.

Where is Ramapo Getting the Money for Baseball Stadium Construction?

http://www.lohud.com/article/20109200343

More Tax Breaks from The Yonkers Industrial Development Agency

http://www.lohud.com/article/20100831/NEWS02/8310367/Yonkers-IDA-to-explore-tax-breaks-loan-for-senior-complex-and-west-side-apartments

Yonkers IDA Regular Board of Directors Meeting Tuesday, August 31, 2010 8:30 am

Yonkers IDA Regular Board of Directors Meeting
Tuesday, August 31, 2010
8:30 am
Mayor's Reception Room
City Hall - 40 South Broadway
Yonkers, NY

Yonkers Industrial Development Agency
Agenda
August 31, 2010
at 8:30 a.m.

1) Roll Call
2) Approval of Minutes for the July 13, 2010 Meeting
3) Approval of July 2010 Financials
4) Approval of Inducement Resolution for Ravine Rental Associates, LLC
5) Approval of Official Intent Resolution for Woodstock Manor
6) Legal Updates
7) Other Business
8) Adjournment

Blue Cube Sold in Hushed Yonkers Waterfront Deal

http://www.westfaironline.com/westchester-county-business-journal/news/article/8446-waterfront-deal-in-yonkers.html

Village of Bronxville To Regulate Solar Power

http://www.lohud.com/article/20100826/NEWS02/8260316/Bronxville-board-seeks-comment-on-solar-wind-geothermal-system-regulation

To View The Proposed Law Go To:
http://www.villageofbronxville.com/PDFs/Proposed%20Local%20Law%202.pdf

Are McMansions a thing of the Past?

http://money.cnn.com/2010/08/26/real_estate/the_typical_homeowner/index.htm

Voters Reject Ramapo Ballpark 2 to1

http://www.lohud.com/article/20108250353

Board of Contract and Supply (BOCS) Monthly Meeting 8/25/2010 10:30 AM

Board of Contract and Supply (BOCS)
Monthly Meeting
8/25/2010 10:30 AM - 11:00 AM
Mayor's Reception Room
City Hall, 40 South Broadway
Yonkers, New York 10701

Yonkers IDA Public Hearing Today at 5:30pm

Yonkers IDA Public Hearing

Yonkers Economic Development Corp.-Larkin Garage

Monday, August 23, 2010
5:30 pm
Mayor's Reception Room
40 South Broadway, City Hall
Yonkers, NY

City of Peekskill to buy Karta Waste Site

http://www.lohud.com/article/20108200339

Charter Revision Commission Proposed Amendments for November 2010 Election Now on Foil Yonkers Website

http://foilyonkers.blogspot.com/2010/08/proposed-charter-amendments-to-city-of.html

Zoning Board of Appeals 8/17/2010 6:00 PM

Zoning Board of Appeals
8/17/2010 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, AUGUST 17, 2010 at 6:00 P.M. sharp, for Decisions only, 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 ONLY:

# 5041-A – Area Variance – C. Allen Mullins, A.I.A. on behalf of Oakland Cemetery (owner), on premises know as 2 Saw Mill River Road, block: 2220 Lot: 1, Zone: “S-60”.

# 5232 – Area Variance – Andrew Romano, Esq. on behalf of 750 Yonkers Avenue Real Estate, LLC (owner), on premises know as 750 Yonkers Avenue, Block: 6100 Lot: 59, Zone: “BA”.

# 5234 – Change of a Non-Conforming Use – Andrew Romano, Esq. on behalf of J & C Auto Repair (owner), on premises known as 197 South Broadway, Block: 187 Lot: 15, Zone: “BR”.

# 5236 – Improvement to a Non-Conforming Use – Robert Aiello, PE. of John Meyer Consulting, PC on behalf of New York City Department of Environmental Protection, (owner), on premises known as 187 Midland Avenue, block: 8001 Lot: 10, Zone: “S-60”.

# 5237 – Improvement to a Non-Conforming Use – Robert Aiello, PE. of John Meyer Consulting, PC on behalf of New York City Department of Environmental Protection, (owner), on premises known as 144 Midland Avenue, Block: 8001 Lot: 5, Zone: “MG”.

# 5238 – Area Variance – Andrew Romano, Esq. on behalf of 260 Warburton Partners, LLC (owner), on premises known as 260 Warburton Avenue, Block: 2106 Lot: 42, Zone: “M”.

# 5239 – Area Variance – John Dean Davis on behalf of himself (owner), on premises known as 93 Rockledge Road, block: 5408 Lots: 45/46, Zone: “S-200”.

# 5240 – Area Variance – Andrew Romano, Esq. on behalf of Sandra Raymond (owner), on premises known as 17 Sunnybrook Road, Block: 5398 Lot: 24, Zone: “S-200”.

# 5241 – Change one Non-Conforming Use to another Non-conforming Use – Andrew Romano, Esq. on behalf of Samira Farraj (owner), on premises known as 166 Ridge Avenue, Block: 2170 Lot: 18, Zone: “M”.

JOSEPH CIANCIULLI

CHAIRMAN, ZBA

PUBLIC HEARING - Yonkers Charter Revision Commission 8/16/2010 7:00 PM - 8:00 PM

PUBLIC HEARING - Yonkers Charter Revision Commission
Open to the public
8/16/2010 7:00 PM - 8:00 PM
Yonkers City Hall - City Council Chambers
40 South Broadway - 4th Floor
Yonkers, New York 10701

Please note: this is a location change from the Mayor's Reception Room on the 2nd Floor to a NEW LOCATION - CITY COUNCIL CHAMBERS, 4TH FLOOR.

The Charter Revision Commission will hold a public hearing on proposed changes to:

City Charter §C3-4(B), which relates to succession to the position of acting mayor in the event a Mayor dies or leaves office; and

City Charter §C3-7(B), which relates to the City Council’s time within which to approve or to disapprove appointments of commissioners by the Mayor.

Members of the public are invited to attend and speak on these two proposed changes to the Yonkers City Charter.

Yonkers Plays, Now You See It - Now You Don't, with Charter Revision Commission Meetings Notices

http://www.lohud.com/article/20100808/NEWS02/100808002/Yonkers-weighs-changing-mayoral-succession-rule

Yonkers Charter Revision Commission Agenda and Minutes now available on FOIL Yonkers Website

http://foilyonkers.blogspot.com/

Landmarks Preservation Board Meeting 8/4/2010 at 7:00 PM

Landmarks Preservation Board Meeting
8/4/2010 7:00 PM
City Hall-Ceremonial Court Room
40 South Broadway

No Agenda Available at time of posting

Chuck Lesnick's Letter to the Charter Revision Commission now available on FOIL Yonkers website

Photo copyright Martin McGloin 2010

Link to FOIL Yonkers Website:
http://foilyonkers.blogspot.com/2010/08/chuck-lesnicks-letter-to-city-of.html

Yonkers Downtown Waterfront Development Corp. Meeting Thursday July 29th at 5pm

No Agenda Available at Time of Posting

Charter Revision Commission Meeting 7/29/2010 7:00 PM

Charter Revision Commission Meeting
7/29/2010 7:00 PM - 7:00 PM
Yonkers City Hall
40 South Broadway
Yonkers, New York 10701

No Agenda Available at Time of Posting

Board of Contract and Supply (BOCS) Monthly Meeting July 28th 10:30pm

Board of Contract and Supply (BOCS)
Monthly Meeting
7/28/2010 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

Changes in Yonkers Sugar Factory Pollution Requirements

http://www.lohud.com/article/20100726/NEWS02/7260321/Yonkers-sugar-refinery-faces-changes-in-pollution-permite

Palisades Mall to File Tax Certiorari for Two Thirds Tax Break

http://www.lohud.com/article/20107250402

Charter Revision Commission Agenda and Draft Charter Amendments now on Foil Yonkers website

http://foilyonkers.blogspot.com/2010/07/charter-revision-commission-agenda-and.html

Stones Fly from Cappelli's Ritz Carlton in White Plains

http://www.lohud.com/article/20107210330

Charter Revision Commission Meeting 7/22/2010 7:00 PM

Charter Revision Commission Meeting
7/22/2010 7:00 PM - 9:00 PM
Yonkers City Hall
40 South Broadway
Yonkers, New York 10701

Agenda Not Available at Time of Posting

Green Policy Task Force Meeting, Wednesday, July 21, 2010 at 6:30pm

Please be advised that a Green Policy Task Force Meeting has been scheduled for Wednesday, July 21, 2010 at 6:30 PM in the Conference Room, Yonkers City Hall, 4th Floor.

The following items will be on the Agenda:

1. Sustainability Legislation/PACE meeting overview

2. Set Objectives for 2010-2011

3. Set event calendar for 2010-2011

Zoning Board of Appeals Meeting July 20th at 6pm

Zoning Board of Appeals
7/20/2010 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, JULY 20, 2010 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:

# 5041-A – Area Variance – C. Allen Mullins, A.I.A. on behalf of Oakland Cemetery (owner), on premises know as 2 Saw Mill River Road, block: 2220 Lot: 1, Zone: “S-60”.

# 5216 – Area Variance – Andrew Romano, Esq. on behalf of Mohamad Quyyum (owner), on premises known as 251 McLean Avenue, Block: 48, Lot: 9, Zone: “BR”.

# 5221 – Area Variance – Walter T. Gorman, PE, PC on behalf of Motiva Enterprises LLC (lessee), & Shell Service Station (owner), on premises known as 145 aka 143 Bronx River Road, Block: 6251 Lot: 13-15, Zone: “B”.

# 5226 – Area Variance – Andrew Romano, Esq. on behalf of Franco Milio (owner), on premises known as 171 North Broadway, Block: 2094 Lot: 24, Zone: “BA”.

# 5232 – Area Variance – Andrew Romano, Esq. on behalf of 750 Yonkers Avenue Real Estate, LLC (owner), on premises know as 750 Yonkers Avenue, Block: 6100 Lot: 59, Zone: “BA”.

# 5233 – Area Variance – Andrew Romano, Esq. on behalf of Fabio Gentile (owner), on premises known as 274 Mary Lou Avenue, Block: 3075 Lot: 74, Zone: “T”.

# 5234 – Change of a Non-Conforming Use – Andrew Romano, Esq. on behalf of J & C Auto Repair (owner), on premises known as 197 South Broadway, Block: 187 Lot: 15, Zone: “BR”.

# 5235 – Area Variance – Gabriel E. Senor, PC on behalf of Savero & Theresa Lanzillotto (owners), on premises known as 57 Lincoln Circle, Block: 4568 Lot: 51, Zone: “S-50”.

CONTINUED HEARINGS:

# 5222 – Area Variance – James J. Veneruso, Esq. on behalf of Sunnybrook Gardens Owner, Inc. (owner), to construct a waste storage structure. Having insufficient side-front yard, as per Section 43-27, Table 43-3 (required 25.0’; proposed 6” +/- scaled), on premises known as 68 Durham Road, Block: 6392 Lot: 53, Zone: “MG”. (Withdrawn by applicant).

# 5224 – Area Variance – James J. Veneruso, Esq. on behalf of Smith-Cairns Ford, Inc. (owner), for an addition & modification to auto sales facility. Whereas, parking of display vehicles not permitted within minimum front yard as per Section 43-38C (3). And exceeds maximum number of ground/pole signs permitted on site (3 permitted; 4 proposed) per Sign Ordinance Section 47-7A(8),on premises known as 900 Central Park Avenue aka 10 Schaefer Avenue, Block: 5111 Lot: 1, Zone: “OL”.

# 5231 – Use & Area Variance – Veneruso, Curto, Schwartz & Curto, LLP on behalf of Blue Real Estate Holdings, LLC (owner), to construct a new 15-story 220 unit residential apartment building with 4,500 sq.ft. retail space. Whereas, the proposed use is not permitted, as per Section 43-27, Table 43-1 (accessory parking for business use in MG zone). Exceeding maximum permitted floor area ratio, as per Section 43-27, Table 43-3 (required 3.00; proposed 6.10+/-). Exceeding maximum permitted height, as per Section 43-27, Table 43-3 (required 112.5’; proposed 165.1’+/-). Insufficient front yard, as per Section 43-27 & Table 43-3 (required 10’; proposed 1”+/- (Yonkers Avenue)). Parking within the minimum front yard is not permitted, as per Section 43-133(A)1. Parking within the minimum side yard is not permitted, as per Section 43-133(A)1. Insufficient parking aisle width, as per Section 43-134.A.12) (required 24’-0; proposed 0’ for tandem parking spaces & 10’+/- for open-air parking space). Exceeding maximum permitted building coverage, as per Section 43-27, Table 43-3 (required 40% for residential; proposed 53%+/-). Fences and walls, including retaining walls must not exceed 4 feet in height in a required front yard setback or in any other required yard setback abutting a street and 6 feet within any other required yard setback, as per Section 43-41.D.3.a). (9’-6” & 8’-2”+/- high proposed), on premises known as 1217 Yonkers Avenue, Block: 6383 Lots: 6, 8, 9, 10, 14, 15, 17, 19, 22, 24-27, Zone: “BA” & “MG”.

NEW HEARINGS:

# 5236 – Improvement to a Non-Conforming Use – Robert Aiello, PE. of John Meyer Consulting, PC on behalf of New York City Department of Environmental Protection, (owner), to install a temporary generator at the existing fluoride treatment facility. Whereas, improvement to a non-conforming use, pursuant to Section 43-21 (G) requires Zoning Board of Appeals approval, on premises known as 187 Midland Avenue, block: 8001 Lot: 10, Zone: “S-60”.

# 5237 – Improvement to a Non-Conforming Use – Robert Aiello, PE. of John Meyer Consulting, PC on behalf of New York City Department of Environmental Protection, (owner), to install a generator at the existing utility substation. Whereas, improvement to a non-conforming use pursuant to Section 43-21G of the Yonkers Zoning Ordinance requires Zoning Board of Appeals approval, on premises known as 144 Midland Avenue, Block: 8001 Lot: 5, Zone: “MG”.

# 5238 – Area Variance – Andrew Romano, Esq. on behalf of 260 Warburton Partners, LLC (owner), to construct a new three story addition containing a Junior High School at the rear of the existing elementary school. Having insufficient parking, Section 43-128 & Table 4 (required 80; proposed 70) as per Section 43-128, Table 43-4. Exceeding maximum permitted height in feet (required 36 feet; proposed 48.25feet) as per Section 43-27, Table 43-3. Parking in the minimum front yard and side yard is not permitted, as per Section 43-133.A.2. Parking within 10 feet of the building is not permitted as per Section 43-44.B.5. Insufficient back up aisle width (required 24 feet minimum; proposed 21.71 feet), as per Section 43-134.A.12. Proposed bus loading location further reduces the back-up space. Proposed passageway from existing stores across the front yard to the side parking lot was not permitted by a previous Zoning Board of Appeals Case # 4835, Special Condition #5. Zoning Board approval is required, on premises known as 260 Warburton Avenue, Block: 2106 Lot: 42, Zone: “M”.

# 5239 – Area Variance – John Dean Davis on behalf of himself (owner), to construct a 1-story bedroom addition to an existing 1-family dwelling. Having insufficient side yard, Section 43-27, Table 43-3 (required 20.0’; proposed 12’-1”+/-), on premises known as 93 Rockledge Road, block: 5408 Lots: 45/46, Zone: “S-200”.

# 5240 – Area Variance – Andrew Romano, esq. on behalf of Sandra Raymond (owner), to construct a 2nd story addition on an existing 1-story, 1-family dwelling. Exceeding maximum permitted height as per Section 43-27, Table 43-3 (required 35; proposed unknown). Insufficient side yard, as per Section 43-27, Table 43-3 (required 20/40; proposed 13.02/28.18). 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 not extend 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, proposed 32’.2”, as per Section 43-34.H.C. 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, proposed 35’+ on the right side, per Section 43-34.H.d. The side setback lines are already within the walls of the existing house, the envelope specified by the side setback plane appears to be violated, per Section 43-34.H.a. Exceeding the maximum height in stories 2 ½ stories permitted, proposed is unknown. Provide a calculation to demonstrate that the basement is not a story, as per Section 43-27, Table 43-3 & 43-8, on premises known as 17 Sunnybrook Road, Block: 5398 Lot: 24, Zone: “S-200”.

# 5241 – Change one Non-Conforming Use to another Non-conforming Use – Andrew Romano, Esq. on behalf of Samira Farraj (owner), for interior alterations to convert one non-conforming use (Deli) to another non-conforming use (Hair Salon). Whereas, pursuant to Section 43-21(F) any non-conforming use may be changed to another non-conforming use upon approval of the Zoning Board of Appeals, on premises known as 166 Ridge Avenue, Block: 2170 Lot: 18, Zone: “M”.

JOSEPH CIANCIULLI

CHAIRMAN, ZBA

Add to my Outlook Calendar

Parking Garage Planned for Downtown Yonkers

http://www.lohud.com/article/20100716/NEWS02/7160333/-16-million-Yonkers-garage-proposed-near-Philipse-Manor-Hall

Board of Ethics Meeting Tonight July 15th at 7:00 PM

Board of Ethics Meeting
7/15/2010 7:00 PM - 9:00 PM
City Hall - 40 South Broadway
2nd Floor - Mayor's Reception Room

No Agenda Available at Time of Posting

Civil Service Commission Meeting 7/19/2010 10:00 AM

Civil Service Commission Meeting
7/19/2010 10:00 AM - 11:00 AM
City Hall
40 South Broadway
Yonkers, New York 10701

Special City Council Meeting July 14th at 5:30pm

TIME: _______

PRESENT: PRESIDENT OF THE COUNCIL
CHUCK LESNICK

DISTRICT
1 MAJORITY PATRICIA D. McDOW
5 MINORITY LEADER JOHN M. MURTAGH

COUNCIL MEMBERS:
DISTRICT:
2 WILSON A. TERRERO
3 JOAN GRONOWSKI
4 DENNIS E. SHEPHERD
6 JOHN LARKIN

WE, THE UNDERSIGNED MEMBERS 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 WEDNESDAY, JULY 14, 2010 IN THE CITY COUNCIL CHAMBERS, FOURTH FLOOR, CITY HALL, YONKERS, NEW YORK AT 6:00 P.M. FOR THE FOLLOWING PURPOSE:

TO DISCUSS AND TAKE ACTION ON:

1. LOCAL LAW INCREASING INCOME TAX SURCHARGE FROM 10% TO 15%
2. GENERAL ORDINANCE INCREASING WATER RATES.
3. SPECIAL ORDINANCE APPROVING JUSTIFICATION DOCUMENTS RELATING TO FY 2011 BUDGET.
4. SPECIAL ORDINANCE ADOPTING FY 2011 BUDGET.
5. SPECIAL ORDINANCE CONFIRMING THE TAX ROLL FOR FY 2011.
6. SPECIAL ORDINANCE ADOPTING GRANT BUDGET FOR FY 2011.
7. SPECIAL ORDINANCE ADOPTING REVENUE ANTICIPATION NOTE FOR FY 2011.
8. SPECIAL ORDINANCE ADOPTING TAX ANTICIPATION NOTE FOR FY 2011.
9. $12 MILLION BOND ORDINANCE FINANCING TAX CERTIORARI.
10. ALL OTHER BUSINESS PROPERLY COMING BEFORE THE COUNCIL

COUNCIL PRESIDENT LESNICK MINORITY LEADER MURTAGH
MAJORITY LEADER McDOW COUNCILMEMBER LARKIN COUNCILMEMBER GRONOWSKI COUNCILMEMBER SHEPHERD
COUNCILMEMBER TERRERO

A COMMITTEE OF THE WHOLE MEETING WILL BE HELD PRIOR TO THIS SPECIAL COUNCIL MEETING AT 5:30 P.M.

A SPECIAL RULES COMMITTEE MEETING OF THE YONKERS CITY COUNCIL WEDNESDAY, JULY 14, 2010 AT 5 P.M.

A SPECIAL RULES COMMITTEE MEETING OF THE YONKERS CITY COUNCIL HAS BEEN SCHEDULED FOR WEDNESDAY, JULY 14, 2010 AT 5 P.M. IN THE CITY COUNCIL CONFERENCE ROOM, 4TH FLOOR CITY HALL. THE FOLLOWING ITEMS WILL BE DISCUSSED:

1. LOCAL LAW INCREASING INCOME TAX SURCHARGE FROM 10% TO 15%

2. GENERAL ORDINANCE INCREASING WATER RATES.

3. SPECIAL ORDINANCE APPROVING JUSTIFICATION DOCUMENTS RELATING TO FY 2011 BUDGET.

4. SPECIAL ORDINANCE ADOPTING FY 2011 BUDGET.

5. SPECIAL ORDINANCE CONFIRMING THE TAX ROLL FOR FY 2011.

6. SPECIAL ORDINANCE ADOPTING GRANT BUDGET FOR FY 2011.

7. SPECIAL ORDINANCE ADOPTING REVENUE ANTICIPATION NOTE FOR FY 2011.

8. SPECIAL ORDINANCE ADOPTING TAX ANTICIPATION NOTE FOR FY 2011.

9. $12 MILLION BOND ORDINANCE FINANCING TAX CERTIORARI.

THE YONKERS PLANNING BOARD MEETING, WEDNESDAY, JULY 14, 2010 AT 5:30PM

87 Nepperhan Avenue, Room 320
Yonkers, New York 10701
(914) 377-6555
Fax (914) 377-6552

CITY OF YONKERS Philip A. Amicone, Mayor

PLANNING BOARD Roman Kozicky, Chairman
PLANNING BOARD AGENDA YONKERS, NEW YORK

AGENDA: FOR A REGULAR MEETING OF THE YONKERS PLANNING
BOARD TO BE HELD ON WEDNESDAY, JULY 14, 2010 AT
5:30 P.M. IN THE CITY COUNCIL CHAMBERS, CITY
HALL, 4TH FLOOR, YONKERS, NY.

PLEASE NOTE: ANY MATTER REQUIRING A PUBLIC HEARING WILL BE
HEARD AFTER 7 P.M. ITEMS MAY BE TAKEN OUT OF ORDER TO ACCOMMODATE PUBLIC COMMENT OR AS THE BOARD DEEMS NECESSARY.
MINUTES:
1. MINUTES OF THE REGULAR PLANNING BOARD MEETING HELD ON MAY 19, 2010
2. MINUTES OF THE REGULAR PLANNING BOARD MEETING HELD ON JUNE 9, 2010
OLD BUSINESS:
SITE PLAN 3. SITE PLAN REVIEW FOR PROPOSED RENOVATIONS TO
REVIEW THE EXISTING BUILDING AT BLOCK: 5530 LOT: 701 ON THE PROPERTY KNOWN AS 594 TUCKAHOE ROAD PURSUANT TO ARTICLE IX OF THE YONKERS ZONING ORDINANCE

STEVE BASINI, REPRESENTATIVE FOR THE PROPOSAL
A. SEQRA: UNLISTED ACTION
LEAD AGENCY: PLANNING BOARD
B. PLANNING BOARD REVIEW

ZONING 4. REFERRAL FROM THE YONKERS CITY COUNCIL
ORDINANCE AMENDING TABLE 43-1 (SCHEDULE OF USE
AMENDMENT REGULATIONS AND SCHEDULE OF ACCESSORY USE REGULATIONS) AND TABLE 43-2 (LIST OF USE REGULATIONS BY DISTRICT) OF YONKERS ZONING
ORDINANCE TO PERMIT APARTMENTS IN
THE EXISTING DOWNTOWN (CB, DW, GC) ZONES

A. SEQRA: TO BE DETERMINED
LEAD AGENCY: CITY COUNCIL
B. RECOMMENDATION TO THE CITY COUNCIL


SPECIAL USE 5. SPECIAL USE PERMIT AND SITE PLAN REVIEW FOR
PERMIT/ SITE A PROPOSED DELUGE HOUSE AND RELATED SUPPLY
PLAN REVIEW PIPING HOUSE AT BLOCK: 4001 LOT: 150 ON THE
PUBLIC HEARING PROPERTY KNOWN AS 15 GRASSY SPRAIN ROAD [CON ED] PURSUANT TO ARTICLES IX AND ARTICLE VII OF THE YONKERS ZONING ORDINANCE.
ALLAN DORANS, REPRESENTATIVE FOR THE PROPOSAL
A. PUBLIC HEARING
B. SEQRA: UNLISTED
LEAD AGENCY: PLANNING BOARD
C. PLANNING BOARD REVIEW

SPECIAL USE 6. SPECIAL USE PERMIT AND SITE PLAN REVIEW FOR
PERMIT/ SITE PROPOSED DELUGE HOUSES AND RELATED SUPPLY
PLAN REVIEW PIPING HOUSE AT BLOCK: 5000 LOT: 1 ON THE
PUBLIC HEARING PROPERTY KNOWN AS 590 PALMER ROAD [CON ED] PURSUANT TO ARTICLES IX AND ARTICLE VII OF THE YONKERS ZONING ORDINANCE.
ALLAN DORANS, REPRESENTATIVE FOR THE PROPOSAL
A. PUBLIC HEARING
B. SEQRA: UNLISTED
LEAD AGENCY: PLANNING BOARD
C. PLANNING BOARD REVIEW

SPECIAL USE 7. SPECIAL USE PERMIT AND SITE PLAN REVIEW FOR
PERMIT/ SITE A PROPOSED EXTENSION TO THE EXISTING BATTERY
PLAN REVIEW ROOM AT BLOCK: 5000 LOT: 1 ON THE PROPERTY
PUBLIC HEARING KNOWN AS 590 PALMER ROAD [CON ED] PURSUANT TO ARTICLES IX AND ARTICLE VII OF THE YONKERS ZONING ORDINANCE.
ALLAN DORANS, REPRESENTATIVE FOR THE PROPOSAL
A. PUBLIC HEARING
B. SEQRA: UNLISTED
LEAD AGENCY: PLANNING BOARD
C. PLANNING BOARD REVIEW

SITE PLAN 8. SITE PLAN REVIEW FOR A PROPOSED BEAUTY SUPPLY
REVIEW WAREHOUSE AND OFFICE SPACE AT BLOCK: 2102 LOT: 5 ON THE PROPERTY KNOWN AS 151 AKA 143 WOODWORTH AVENUE PURSUANT TO ARTICLE IX OF THE YONKERS ZONING ORDINANCE

THOMAS HAYNES, REPRESENTATIVE FOR THE PROPOSAL
A. SEQRA: UNLISTED
LEAD AGENCY: PLANNING BOARD
B. PLANNING BOARD REVIEW

SITE PLAN 9. SITE PLAN REVIEW FOR A PROPOSED AWNING
REVIEW AT BLOCK: 3415 LOT: 54 ON THE PROPERTY KNOWN AS 7 ODELL PLAZA PURSUANT TO ARTICLE IX OF THE YONKERS ZONING ORDINANCE

IVAN NAVARRO, REPRESENTATIVE FOR THE PROPOSAL
A. SEQRA: UNLISTED
LEAD AGENCY: PLANNING BOARD
B. PLANNING BOARD REVIEW

SUBDIVISION 10. PLAT REVIEW FOR A PROPOSED SUBDIVISION
APPLICATION/ AT BLOCK: 4001 LOTS: 150, 160, 185, 187, 190, 195 & 214,
PUBLIC HEARING BLOCK: 4000 LOTS: 1, 100, 125 & 130 AND BLOCK: 4025 LOT 32 ON THE PROPERTY KNOWN AS RIDGE HILL BOULEVARD PURSUANT TO THE CITY OF YONKERS SUBDIVISION REGULATIONS

MICHAEL DIVNEY, REPRESENTATIVE FOR THE PROPOSAL
A. SEQRA: UNLISTED ACTION
LEAD AGENCY: PLANNING BOARD
B. DECISION ON THE PROPOSAL
NEW BUSINESS:
PUR AMENDMENT/ 11. BRIEFING ON THE PROPOSED CHANGES TO THE
PUBLIC HEARING PLANNED URBAN REDEVELOPMENT ESTABLISHING THE FATHER PAT CARROLL GREEN DEVELOPMENT
AT BLOCK: 2044, LOTS: 1, 7, 9, 10; BLOCK: 2045, LOTS: 1, 2, 4, 6-12, 14-21; BLOCK: 2046, LOTS: 1, 3-6, 12, 19-23; BLOCK: 2047, LOTS: 1, 13, 15, 17-19, 21-23; BLOCK: 2048, LOTS: 1-10, 23, 25, 28 ON THE PROPERTY KNOWN AS FATHER PAT CARROLL GREEN PURSUANT TO ARTICLE IX OF THE YONKERS ZONING ORDINANCE.

LEE ELLMAN & SHARON EBERT, REPRESENTATIVES FOR THE PROPOSAL
A. PUBLIC HEARING
B. SEQRA: TYPE I ACTION
LEAD AGENCY: YCDA
C. DECISION ON THE PROPOSAL

SITE PLAN 12. SITE PLAN REVIEW FOR THE PROPOSED CONVERSION
REVIEW OF THE EXISTING 2 FAMILY DWELLING TO A 3 FAMILY DWELLING AT BLOCK: 441 LOT: 13 ON THE PROPERTY KNOWN AS 118 AKA 116 WEBSTER AVENUE PURSUANT TO ARTICLE IX OF THE YONKERS ZONING ORDINANCE
THOMAS HAYNES, REPRESENTATIVE FOR THE PROPOSAL
A. SEQRA: UNLISTED ACTION
LEAD AGENCY: PLANNING BOARD
B. PLANNING BOARD REVIEW
SITE PLAN 13. SITE PLAN REVIEW FOR THE PROPOSED REMOVAL OF
REVIEW THE EXISTING UNDERGROUND OIL TANK AND REPLACEMENT WITH AN ABOVE GROUND TANK AT BLOCK: 4454 LOTS: 1-4 ON THE PROPERTY KNOWN AS 573 TUCKAHOE ROAD PURSUANT TO ARTICLE IX OF THE YONKERS ZONING ORDINANCE

TONY RIZZI, REPRESENTATIVE FOR THE PROPOSAL
A. SEQRA: UNLISTED ACTION
LEAD AGENCY: PLANNING BOARD
B. PLANNING BOARD REVIEW

SITE PLAN 14. SITE PLAN REVIEW FOR A PROPOSED HANDICAPPED
REVIEW RAMP AT BLOCK: 5650 LOT: 38 ON THE PROPERTY KNOWN AS 25 PARKVIEW AVENUE PURSUANT TO ARTICLE IX OF THE YONKERS ZONING ORDINANCE

STEVEN ACCINELLI, REPRESENTATIVE FOR THE PROPOSAL
A. SEQRA: UNLISTED ACTION
LEAD AGENCY: PLANNING BOARD
B. PLANNING BOARD REVIEW

SITE PLAN 15. SITE PLAN REVIEW FOR A PROPOSED 14 ROOM
REVIEW ADDITION, RETAINING WALL, AND PARKING AT BLOCK: 388 LOTS: 100 & 150 ON THE PROPERTY KNOWN AS 322 YONKERS AVENUE PURSUANT TO ARTICLE IX OF THE YONKERS ZONING ORDINANCE

BRUNO PIETROSANTI, REPRESENTATIVE FOR THE PROPOSAL
A. SEQRA: UNLISTED ACTION
LEAD AGENCY: PLANNING BOARD
B. PLANNING BOARD REVIEW

SITE PLAN 16. SITE PLAN REVIEW FOR A PROPOSED PARKING
REVIEW GARAGE AT BLOCK: 2009 LOTS: 1 & 30; BLOCK: 2011 LOT: 1& BLOCK: 2015 LOT: 100 ON THE PROPERTY KNOWN AS 10 WARBURTON AVENUE PURSUANT TO ARTICLE IX OF THE YONKERS ZONING ORDINANCE

JOSEPH COTTER, REPRESENTATIVE FOR THE PROPOSAL
A. SEQRA: UNLISTED ACTION
LEAD AGENCY: PLANNING BOARD
B. PLANNING BOARD REVIEW





ZONING 17. REFERRAL FROM THE YONKERS CITY COUNCIL
ORDINANCE AMENDING THE YONKERS ZONING ORDINANCE TO
AMENDMENT INCLUDE A NEW CHAPTER XVIII REGARDING STEEP SLOPES

A. SEQRA: TO BE DETERMINED
LEAD AGENCY: CITY COUNCIL
B. RECOMMENDATION TO THE CITY COUNCIL

ZONING STUDY/ 18. REFERRAL FROM THE YONKERS CITY COUNCIL
ZONING FOR AN ADVISORY RECOMMENDATION ON THE
ORDINANCE PROPOSED SOUTH BROADWAY ZONING STUDY AND
AMENDMENT AMENDMENT TO THE YONKERS ZONING ORDINANCE
- MASTER PLAN
- ZONING AMENDMENT

A. SEQRA: TO BE DETERMINED
LEAD AGENCY: CITY COUNCIL
B. RECOMMENDATION TO THE CITY COUNCIL



OTHER
BUSINESS 16. COMMUNICATIONS
17. SCHEDULE WORK SESSIONS AS NECESSARY

PENDING APPLICATIONS:
- TEUTONIA BUENA VISTA PROJECT- 92 MAIN STREET, 41-65 & 66-72 BUENA VISTA AVENUE- HOLD FOR DEIS
- TUCKAHOE MOTOR INN- 323 AKA 307 TUCKAHOE ROAD- POSTPONED AT APPLICANTS REQUEST
- COTTAGE PLACE GARDENS- HOLD FOR SEQRA

YONKERS ECONOMIC DEVELOPMENT CORP MEETING tuesday July 13th at 8:30am

IDA GOVERNANCE COMMITTEE MEETING

DATE: Monday, July 12, 2010
TIME: 5:30 pm
LOCATION: Mayor's Reception Room
40 South Broadway - City Hall
Yonkers, NY 10701

________________________________

YONKERS ECONOMIC DEVELOPMENT CORP MEETING

DATE: Tuesday, July 13, 2010
TIME: 8:30 am
LOCATION: Mayor's Reception Room
40 South Broadway - City Hall
Yonkers, NY 10701

YONKERS IDA BOARD of DIRECTORS MEETING

DATE: Tuesday, July 13, 2010
TIME: 8:45 am
LOCATION: Mayor's Reception Room
40 South Broadway - City Hall
Yonkers, NY 10701

City of Yonkers Budget Committee Meeting Today at 3:00pm

To see the budget agenda:
http://yonkerstribune.typepad.com/yonkers_tribune/2010/07/special-yonkers-city-council-meeting-for-july-9-2010-at-300-pm.html

Journal News and Yonkers Tribune report on Yonkers Parking Authority Debt

http://www.lohud.com/apps/pbcs.dll/article?AID=20107060321

http://yonkerstribune.typepad.com/yonkers_tribune/2010/07/yonkers-parking-authority-debt-service-report-by-yonkers-inspector-general-dan-schorr-1.html

City Coouncil Special Meeting at 4pm July 1st

AGENDA
CITY COUNCIL OF THE CITY OF YONKERS
SPECIAL MEETING
THURSDAY, JULY 1, 2010




TIME: _______

PRESENT: PRESIDENT OF THE COUNCIL
CHUCK LESNICK

DISTRICT
1 MAJORITY LEADER PATRICIA D. McDOW
5 MINORITY LEADER JOHN M. MURTAGH

COUNCIL MEMBERS:
DISTRICT:
2 WILSON A. TERRERO
3 JOAN GRONOWSKI
4 DENNIS E. SHEPHERD
6 JOHN LARKIN

WE, THE UNDERSIGNED MEMBERS 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 THURSDAY, JULY 1, 2010 IN THE CITY COUNCIL CHAMBERS, FOURTH FLOOR, CITY HALL, YONKERS, NEW YORK AT 4 P.M. FOR THE FOLLOWING PURPOSE:

TO DISCUSS AND TAKE ACTION ON:

1. A LOCAL LAW IN ACCORDANCE WITH THE PROVISIONS OF CHAPTER 105 OF THE LAWS OF 2010, PART A, RELATING TO PROVIDING A RETIREMENT INCENTIVE PROGRAM FOR CERTAIN PUBLIC EMPLOYEES IN THE CITY OF YONKERS.


COUNCIL PRESIDENT CHUCK LESNICK
MAJORITY LEADER PATRICIA D. McDOW
COUNCILMEMBER WILSON A. TERRERO
COUNCILMEMBER JOAN GRONOWSKI
COUNCILMEMBER DENNIS SHEPHERD
COUNCILMEMBER JOHN LARKIN