Yonkers ZBA opens hearing on owner’s appeal over whether student occupants qualify as a “family”

The Yonkers Zoning Board of Appeals opened a fact-finding hearing on Sept. 17 on two separate appeals by owner Scott Saul challenging the Department of Housing and Buildings’ determination that 1 Bronxville Lane and 106 Bronxville Road are not being used as single‑family residences. The board took public testimony, heard legal argument from the applicant’s counsel and requested detailed documentation from the owner; the board made no decision and kept the public hearing open.

The issue before the board, Acting Chair Ralph Batista said, is whether the properties are occupied by a “family” as defined in the Yonkers code and therefore permitted in the single‑family S50 zone. Leo Napier, an attorney with Harfinis, Kraut and Prostien representing the applicant, told the board the properties are leased under single leases, that tenants are “jointly and severally liable for the entire rent,” and that both houses have common living and cooking areas. Napier said 1 Bronxville Lane has seven bedrooms and four bathrooms and 106 Bronxville Road has eight bedrooms and four bathrooms, and that certificates of completion were issued after Department of Housing and Buildings inspections.

The board’s questions focused on occupancy details and the operation of the properties. Board members asked Napier to provide copies of the leases, a list of tenants and their contact information, utility and tax payment records, mortgage documents, tax returns for the owning entities, and records showing how rent is collected. The board also asked whether the owner or titleholder lives on the premises (Napier said the properties are not owner‑occupied), how tenants are selected, whether there are any guarantors, the number of kitchens and bathrooms (Napier said each house has one kitchen and four bathrooms), and whether interior doors have keyed locks (Napier said there are no keyed deadbolts). The board directed the applicant to submit the requested materials to Mary Alice in the ZBA office.

Members of the public opposed the appeal at length. Mike Breen of 81 Longville Road said the properties are being converted into “dormitory”‑style rentals and urged the board to affirm the building commissioner and fire department’s prior determinations. Richard Schneier of 62 Rossmore questioned the applicant’s claim that teams of unrelated college students constitute a family and cited case law arguments he said supported the commissioner’s view. Several residents — including Phil Reisman (73 Rossmore Avenue), Lisa Rinaldi (1589 Midland Avenue), Terry DiPaolo (11 Castle Street), David Nathans (Lawrence Park West), Rhonda Carey (29 Devon Road) and others — described concerns about neighborhood character, public safety, and precedent if the ZBA permits the current occupancy to continue.

Napier cautioned the board that the application is an appeal of the buildings commissioner’s interpretation and not a request to change zoning; he cited case law and told the board it is entitled to a de novo review of the commissioner’s determination. Napier also noted that a proposed Yonkers City Council amendment to limit the number of unrelated persons underwent a public hearing in January 2025 but was not adopted. He said his client would comply if the code were changed by the council.

After public comment, board members asked for additional factual material and said they would accept written submissions from the public while the hearing remains open. Napier acknowledged some requests would require time and said he would supply leases and the other documents the board directed him to provide. Acting Chair Batista closed the evening’s testimony without making a decision and instructed the applicant to submit the requested records to the zoning office prior to the next meeting.

The board did not set a date for decision; it left the public hearing open pending submission and review of the documents the board requested.