Professional Documents
Culture Documents
By Title I of Article 18-A of the New York State General Municipal Law, as amended,
and Chapter 83 of the laws of 1982 of the State of New York, as amended (hereinafter referred to
as "the Act"), the City of Yonkers Industrial Development Agency (hereinafter referred to as
"YIDA") was created with the authority and power through eminent domain or otherwise to own,
lease and sell property for, among other purposes, acquiring, constructing and equipping civic,
YIDA desires to acquire a certain parcel of vacant real property located at 67 Ravine
Avenue in the City of Yonkers, Westchester County, New York (the "City"), consisting
principally of approximately 0.07 acres (the "Parcel"). Consistent with the stated purposes of the
draft Ravine Avenue Urban Renewal Plan currently being reviewed by the City Council of the
City of Yonkers, the acquisition of the Parcel will be used in connection with the construction of
leased to households earning up to 80% of area median income, consisting of 7 studios, 19 one-
superintendent's unit; a central laundry facility; a community room/recreation space; and 125 on-
site parking spaces and related infrastructure and other improvements for use as rental housing in
the City (the "Project"). It may be necessary for YIDA to exercise its power of eminent domain,
if a voluntary transfer of the Parcel is not consummated. No alternative locations exist in the
City.
The acquisition of the Parcel is being undertaken to effectuate the potential construction
of the Project. The Project would be undertaken by Ravine Avenue Associate LLC (the
"Company"). In addition, the Company has indicated they are willing to partner with the City of
Yonkers to restore Irving Park, a City-owned park located adjacent to the Parcel for the benefit
pursuant to Article 8 of the New York Environmental Conservation Law and the associated
regulations promulgated thereunder at 6 N.Y.C.R.R. Part 617 (known hereafter as the New York
State Environmental Quality Review Act or "SEQRA") for the Acquisition of the Parcel. The
Company has now submitted an expanded Full Environmental Assessment Form ("EAF") for the
both Acquisition of the Parcel and the Project which YIDA has cumulatively reviewed for
SEQRA purposes. In addition, YIDA has undertaken its own independent review of the
pertinent facts in issuing this determination and findings regarding the acquisition of the Parcel.
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The Public Process
On November 18, 2010, a duly noticed public hearing was held at the Mayor’s Reception
Room located at City Hall in the City located in proximity to the Parcel, in accordance with the
provisions of the EDPL for among other reasons, to inform the public and to review the public
use to be served by the Acquisition of the Parcel and the potential impact on the environment and
the residents of the locality where the Parcel is located (the "November 2010 Hearing").
Pursuant to the hearing notice, and as part of the public hearing, written comments were accepted
At the opening of the November 2010 Hearing, the public was informed of the public
uses, benefits, and purposes to be served by the Acquisition, the location of the Parcel, and the
general potential impact on the environment and residents of the locality. Copies of maps
outlining the proposed location of the Parcel and a description of the Parcel subject to
condemnation was made available at the November 2010 Hearing (hereinafter the "Acquisition
Map").
The November 2010 Hearing, including the extension of the comment period through
November 29, 2010 for receipt of written comments provided an opportunity for the public to
comment on the Acquisition, including the public use, benefits, and purposes to be served by it.
All testimony and written comments received at the hearing held pursuant to the EDPL,
including the written comments received during the comment period have been reviewed, made
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SUMMARY OF COMMENTS RAISED DURING THE PUBLIC COMMENT
PERIOD
The verbal and written comments received during the public hearing concerning matters
● A comment was also received that the Parcel is owned by an estate and a
taking of the Parcel would harm any heirs.
YIDA's responses to the comments may be summarized below, and in some cases as
more fully set forth in the balance of the determination and Findings that follows the summary.
● YIDA, as required under the EDPL, will make offers to all "condemnees"
(as such quoted term is defined in the EDPL) in accordance therewith.
The amount paid for the Parcel, will be deposited with the appropriate
court to identify any heirs.
At a duly noticed and scheduled meeting on February 1, 2011, YIDA made the
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I. Determination and Findings under the New York Eminent Domain Procedure Law
Pursuant to EDPL § 204, and having given due consideration to the complete hearing
record, which includes all documents submitted and all public comments received, YIDA makes
II. The Public Use, Benefit and Purpose To Be Served by the Acquisition [EDPL § 204(B) (1)].
The Acquisition will serve a public purpose. The Acquisition is required in order to
residential rental apartments that will be leased to households earning up to 80% of area median
three-bedroom apartments and one superintendent's unit; a central laundry facility; a community
room/recreation space; and 125 on-site parking spaces and related infrastructure and other
The City previously issued a conditional designation for the City-owned sites in the
Ravine Avenue Urban Renewal Area to the Company, predecessor-in-name of Ravine Rental
Consistent with the draft Ravine Avenue Urban Renewal Plan, the potential seven-story
construction project will develop new affordable housing, while working in partnership with
local developers and community based organizations with proven track records in developing
opportunities to local residents thereby meeting several of the objectives of the draft Ravine
Avenue Urban Renewal Plan. In addition, L&M Development Partners, Inc. and the Center for
Urban Rehabilitation and Empowerment Inc. have indicated to YIDA that they will be partnering
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with the City to restore Irving Park, a City owned park immediately adjacent to the Parcel for the
Because the Acquisition in connection with the Project will help provide needed
affordable housing consistent with the draft Ravine Avenue Urban Renewal Plan, it serves a
public purpose.
III. The Location of the Parcel and Reasons for Selection of that Location [EDPL § 204(B) (2)].
The location of the Parcel was determined based upon the creation of the draft Ravine
Avenue Urban Renewal Plan and the proximity of the Parcel to other amenities including mass
transportation. As set forth herein, the location for Parcel was selected because it is within the
draft Ravine Avenue Urban Renewal area and conforms with various plans, including the draft
Ravine Avenue Urban Renewal Plan, to revitalize unused and under-utilized parcels in the City
IV. SEQRA Determination and General Effect of the Acquisition on the Environment [EDPL §
Acquisition of the Parcel and the Project together constitute an Unlisted Action (as defined under
applicable SEQRA regulations, YIDA has conducted a thorough and comprehensive review of
the potential significant adverse environmental impacts that are associated with the Acquisition
and the Project. Upon taking a “hard look” at those potential concerns, considering both the
magnitude and importance of each potential impact, YIDA makes the following determinations
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1. The Acquisition and the Project will not result in a substantial adverse change in
existing air quality, ground or surface water quality or quantity, noise levels, or a
problems.
2. The Acquisition and the Project will not result in the removal or destruction of large
vacant lot located at 67 Ravine Avenue between Point Street and Gold Street in the
3. The Acquisition and Project will not result in a material conflict with the
contrary, the Acquisition and the Project are being completed consistent with the
goals of the draft Ravine Avenue Urban Renewal Plan and, in particular, the potential
rental housing needs of the City. Moreover, the new building will comply with
current zoning requirements and the height, density, building coverage, and floor area
ratio will be consistent with City zoning criteria as well as consistent with the scope
4. The Acquisition and Project will not result in the impairment of the character or
Parcel.
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5. The Acquisition and Project will not result in a major change in the use of either the
6. The Acquisition and Project will not result in a substantial change in the use or
or in its capacity to support existing uses. The Acquisition and Project will not result
committed to working with the City of Yonkers to coordinate the construction of the
Project in conjunction with the restoration of Irving Park located adjacent to the
Parcel. All green and open areas, as well as all maintenance and security practices for
the proposed building, will be coordinated with and not redundant to a restored Irving
Park.
7. The Acquisition and Project will not encourage or attract a large number of people to
places or places for more than a few days compared to the number of people who
8. Neither the Acquisition nor the Project will result in the creation of a potential
specific block on Ravine Avenue is a quiet area with low levels of existing vehicular
traffic. The existing road network contains adequate traffic capacity to handle the
potential flows generated by the Project. Moreover, the Project shall be subject to
any further requirements set forth by the City as part of the comprehensive traffic
9. The Acquisition and the Project will result in a potential significant positive visual
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abandoned vacant lot which contains overgrown weed vegetation, trash, building and
construction debris, and other waste. The Project entails the removal of the weeds
and wastes, resulting in the creation of improved visual lines to the Hudson River and
Palisades. This Project component, coupled with the orientation of the building, will
provide open river views for not only the residents of the proposed building, but of
In light of the foregoing analysis of the criteria set forth in 6 N.Y.C.R.R. § 617.7(c) of the
SEQRA regulations, YIDA determines that the Acquisition of the Parcel and the Project do not
environmental impact statement. YIDA thus issues a Negative Declaration pursuant to SEQRA
Moreover, to the extent that condemnation was not contemplated as a means to acquire
the Parcel, YIDA finds that any impacts to property owners for whom acquisition by
condemnation will be required are addressed by the EDPL procedures in place for condemnation,
including insuring that property owners receive fair and just compensation for any property so
acquired.
CONCLUSION
associated with the Acquisition of the Parcel and the Project, the facts disclosed in the EAF, and
having weighed and balanced the relevant environmental concerns with social, economic and
other considerations, YIDA issues herein a Negative Declaration pursuant to SEQRA and
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V. General Effect of the Acquisition on the Residents of the Locality [EDPL § 204 (B)(3)].
As described previously, the Project, is consistent with the draft Ravine Avenue Urban
Renewal Plan and will provide much needed quality affordable housing for residents of the
Ravine Avenue Urban Renewal Area. Thus, it is fully anticipated that the general effect of the
At the public hearing and during the period when comments were accepted by YIDA,
oral comments were received. Each of the comments has been given due consideration. YIDA
has taken into account public opinion and concerns. Throughout the process identified herein,
YIDA has identified and, where feasible, taken measures to address any legitimate concerns
related to the Acquisition. If a voluntary transfer of the Parcel cannot be consummated, then
DETERMINATION
DIVISION, SECOND DEPARTMENT, NO LATER THAN THIRTY (30) DAYS AFTER THE
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BARRED, AND (2) BY SERVING A DEMAND UPON YIDA TO FILE A WRITTEN
PROPOSED ACQUISITION AND THE OTHER MATTERS SET FORTH IN NEW YORK
ATTORNEY PROMPTLY.
FEBRUARY 1, 2011
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