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Yonkers IDA's findings on Ravine Ave. eminent domain

Yonkers IDA's findings on Ravine Ave. eminent domain

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Published by Ernie Garcia
The Yonkers Industrial Development Agency issued these findings and determinations on Feb. 1, 2011 on the property at 67 Ravine Ave. in Yonkers that will be subject to an eminent domain procedure.
The Yonkers Industrial Development Agency issued these findings and determinations on Feb. 1, 2011 on the property at 67 Ravine Ave. in Yonkers that will be subject to an eminent domain procedure.

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Published by: Ernie Garcia on Feb 28, 2011
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02/28/2011

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DETERMINATION AND FINDINGS OF THE CITY OFYONKERS INDUSTRIAL DEVELOPMENT AGENCYPURSUANT TO SECTION 204 OF THE NEW YORK EMINENT DOMAIN PROCEDURE LAW AND THE STATEENVIRONMENTAL QUALITY REVIEW ACT FOR THEACQUISITION OF CERTAIN REAL PROPERTY LOCATEDAT 67 RAVINE AVENUE IN THE CITY OF YONKERS,WESTCHESTER COUNTY, NEW YORK CONSISTINGPRINCIPALLY 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 toas "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 RavineAvenue in the City of Yonkers, Westchester County, New York (the "City"), consistingprincipally of approximately 0.07 acres (the "Parcel").  Consistent with the stated purposes of thedraft Ravine Avenue Urban Renewal Plan currently being reviewed by the City Council of theCity 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 beleased 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 onesuperintendent'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 inthe 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
 
2City.Overview of the Project.The acquisition of the Parcel is being undertaken to effectuate the potential constructionof 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 benefitof the Ravine Avenue neighborhood.On October 22, 2010, YIDA, by resolution, issued a Negative Declaration pursuant topursuant to Article 8 of the New York Environmental Conservation Law and the associatedregulations 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.  TheCompany has now submitted an expanded Full Environmental Assessment Form ("EAF") for theboth 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 thepertinent facts in issuing this determination and findings regarding the acquisition of the Parcel.
 
3The Public ProcessOn November 18, 2010, a duly noticed public hearing was held at the Mayor’s ReceptionRoom located at City Hall in the City located in proximity to the Parcel, in accordance with theprovisions of the EDPL for among other reasons, to inform the public and to review the publicuse to be served by the Acquisition of the Parcel and the potential impact on the environment andthe 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 acceptedby YIDA through November 29, 2010.At the opening of the November 2010 Hearing, the public was informed of the publicuses, benefits, and purposes to be served by the Acquisition, the location of the Parcel, and thegeneral potential impact on the environment and residents of the locality.  Copies of mapsoutlining the proposed location of the Parcel and a description of the Parcel subject tocondemnation was made available at the November 2010 Hearing (hereinafter the "AcquisitionMap")
.
The November 2010 Hearing, including the extension of the comment period throughNovember 29, 2010 for receipt of written comments provided an opportunity for the public tocomment 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, madepart of the record, and accorded full consideration.

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