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Yonkers ZBA approves variances for 1282 Midland Ave., issues SECRA negative declaration
Summary
The Zoning Board of Appeals voted 4‑0 (three members absent) on Sept. 17 to close the public hearing and approve area and use variances for 1282 Midland Avenue (Block 5245, Lot 5), and adopted a negative declaration following review of the Environmental Assessment Form; the approval includes seven conditions.
The Yonkers Zoning Board of Appeals voted on Sept. 17 to approve requested area and use variances for a premise at 1282 Midland Avenue and to adopt a SECRA environmental negative declaration for the project. The board closed the public hearing, adopted the negative declaration based on a completed Environmental Assessment Form, and approved the variances with seven conditions; the vote was 4 in favor, 3 absent.
Attorney Steven Venorusso (Venorusso, Curdo, Schwartz & Curdo) represented the applicant, identified in the record as CPD Energy Corp. After the applicant offered no new testimony, Acting Chair Ralph Batista moved to close the public hearing on case number 5899; the board voted unanimously to close the hearing. Batista then moved that, "based upon its review of the completed environmental assessment form EAF and the supporting plans and materials, the board adopts a negative declaration for the proposed action." The board seconded the SECRA motion and voted aye.
Following the SECRA action, Batista moved to approve the variances for Block 5245, Lot 5 in the BR zoning district, citing facts, findings and testimony presented at the hearing and site visits. The board’s approval carried conditions the resolution attached to the record enumerated as follows: 1) compliance with all health, fire, environmental, safety, building and zoning codes at all times; 2) payment of any taxes or fines owed within 60 days of the approval date; 3) immediate rescission of approval if the owner violates any condition; 4) all expenses tied to these conditions are the owner’s responsibility; 5) applicant must provide notice in compliance with section 403‑157 of the city code; 6) separate permits must be filed with the Department of Housing and Buildings for construction or to resolve any violations; and 7) all plans submitted to the Department of Housing and Buildings must include a copy of the zoning board resolution text that lists the case number, approval date and enumerated variances.
Board members present and voting in favor were Acting Chair Ralph Batista, Gene (Jean) Tickle, Haru Singh and Hector Lopez; the board recorded three members absent. The motion carried 4–0 with three absences.
The approval includes the board’s standard condition that the owner adhere to all applicable codes and that any required permits be filed with the Department of Housing and Buildings. The board also instructed the applicant to include the zoning resolution details on any subsequent plan submissions to the building department.
No appeals or further administrative actions were announced at the meeting; the record will reflect the approval and the conditions listed by the board.
