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DETERMINATION AND FINDINGS OF THE CITY OF

YONKERS INDUSTRIAL DEVELOPMENT AGENCY


PURSUANT TO SECTION 204 OF THE NEW YORK
EMINENT DOMAIN PROCEDURE LAW AND THE STATE
ENVIRONMENTAL QUALITY REVIEW ACT FOR THE
ACQUISITION OF CERTAIN REAL PROPERTY LOCATED
AT 67 RAVINE AVENUE IN THE CITY OF YONKERS,
WESTCHESTER COUNTY, NEW YORK CONSISTING
PRINCIPALLY OF APPROXIMATELY 0.07 ACRE.

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,

industrial, manufacturing and commercial facilities as authorized by the Act.

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

a seven-story building containing approximately 77 residential rental apartments that will be

leased to households earning up to 80% of area median income, consisting of 7 studios, 19 one-

bedroom apartments, 38 two-bedroom apartments and 13 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 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.

Overview of the Project.

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

of the Ravine Avenue neighborhood.

On October 22, 2010, YIDA, by resolution, issued a Negative Declaration pursuant to

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

by YIDA through November 29, 2010.

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

part of the record, and accorded full consideration.

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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

to be considered at the public hearing may be generally summarized as follows:

● Comments included that condemnation of the Parcel may result in


damages to the tenant(s) of the neighboring buildings. Further, speakers
expressed concern about what would happen to tenants if condemnation
occurred.

● A comment was also received that the Parcel is owned by an estate and a
taking of the Parcel would harm any heirs.

SUMMARY OF RESPONSES TO COMMENTS RAISED DURING THE


PUBLIC COMMENT PERIOD

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 is considering the taking of a vacant, undeveloped parcel which


would not require relocation. However, the Company will provide
relocation assistance to residential tenants in the adjacent buildings should
they be displaced.

● 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

following Determination and Findings.

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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

the following Determination and Findings concerning the Acquisition:

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

effectuate the potential construction of a seven-story building containing approximately 77

residential rental apartments that will be leased to households earning up to 80% of area median

income, consisting of 7 studios, 19 one-bedroom apartments, 38 two-bedroom apartments and 13

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

improvements for use as rental housing.

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

Associates LLC, in a letter dated March 17, 2010.

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

affordable housing; and would provide construction and construction-related employment

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

benefit of the Ravine Avenue neighborhood.

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

of Yonkers. No other locations are being considered.

IV. SEQRA Determination and General Effect of the Acquisition on the Environment [EDPL §

204 (B) (3)].

Pursuant to 6 N.Y.C.R.R. §§ 617.2(ak) and 617.6(b)(4) of the SEQRA regulations, the

Acquisition of the Parcel and the Project together constitute an Unlisted Action (as defined under

SEQRA) subject to an uncoordinated review under SEQRA by YIDA. Pursuant to the

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

with respect to the criteria set forth in 6 N.Y.C.R.R. § 617.7(c):

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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

substantial increase in solid waste production, erosion, flooding, leaching or drainage

problems.

2. The Acquisition and the Project will not result in the removal or destruction of large

quantities of vegetation or fauna or a substantial interference with any migratory fish

or wildlife species, nor impact a significant habitat area or a Critical Environmental

Area as designated pursuant to 6 N.Y.C.R.R. § 617.14(g). The Parcel is a 0.07 acre

vacant lot located at 67 Ravine Avenue between Point Street and Gold Street in the

City of Yonkers with no known environmental or wildlife sensitivities.

3. The Acquisition and Project will not result in a material conflict with the

community’s current plans or goals as officially approved or adopted. To 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

of the proposed Ravine Avenue Urban Renewal Plan.

4. The Acquisition and Project will not result in the impairment of the character or

quality of any important historical, archeological, architectural or aesthetic resources

or any existing community or neighborhood character within a reasonable area of the

Parcel.

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5. The Acquisition and Project will not result in a major change in the use of either the

quantity or type of energy nor create a hazard to human health.

6. The Acquisition and Project will not result in a substantial change in the use or

intensity of use of land including of agricultural, open space or recreational resources

or in its capacity to support existing uses. The Acquisition and Project will not result

in a significant adverse impact to existing open space. In fact, the Company is

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

come to such places absent the Acquisition or Project.

8. Neither the Acquisition nor the Project will result in the creation of a potential

significant adverse environmental impact associated with traffic. The Project’s

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

study being completed by the Planning Department.

9. The Acquisition and the Project will result in a potential significant positive visual

impact to the surrounding community. The Project will re-develop a long-ago

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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

the adjoining neighborhood.

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

present a potential significant adverse environmental impact warranting the preparation of an

environmental impact statement. YIDA thus issues a Negative Declaration pursuant to SEQRA

for the Acquisition of the Parcel and the Project.

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

Having considered the relevant potential significant adverse environmental impacts

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

certifies that the requirements of SEQRA have been met.

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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

Acquisition will be beneficial to residents of the locality.

VI. Other Relevant Factors [EDPL § 204 (B)(4)].

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

YIDA may proceed with condemnation of the Parcel.

DETERMINATION

ATTENTION: ANY PERSON AGGRIEVED BY THE DETERMINATION AND

FINDINGS WHO WISHES TO CHALLENGE AND SEEK JUDICIAL REVIEW THEREOF

MUST DO SO, IF AT ALL, (1) BY FILING A PETITION, IN ACCORDANCE WITH NEW

YORK EMINENT DOMAIN PROCEDURE LAW SECTION 207, IN THE APPELLATE

DIVISION, SECOND DEPARTMENT, NO LATER THAN THIRTY (30) DAYS AFTER THE

COMPLETION OF YIDA'S PUBLICATION OF ITS DETERMINATION AND FINDINGS

PURSUANT TO THE NEW YORK EMINENT DOMAIN PROCEDURE LAW.

OTHERWISE ANY SUCH CHALLENGE OR JUDICIAL REVIEW MAY BE TIME

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BARRED, AND (2) BY SERVING A DEMAND UPON YIDA TO FILE A WRITTEN

TRANSCRIPT OF THE RECORD OF THE PROCEEDING BEFORE IT AND THE

UNDERLYING DETERMINATION AND FINDINGS. THE APPELLATE DIVISION MAY

CONSIDER THE PUBLIC USE, BENEFIT OR PURPOSE TO BE SERVED BY THE

PROPOSED ACQUISITION AND THE OTHER MATTERS SET FORTH IN NEW YORK

EMINENT DOMAIN PROCEDURE LAW SECTION 207. ANYONE WISHING TO

CHALLENGE THE DETERMINATION AND FINDINGS IS ADVISED TO CONSULT AN

ATTORNEY PROMPTLY.

FEBRUARY 1, 2011

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