Local homeowners in Yonkers, represented by Attorney Joel Sachs, of the White Plains law firm of Keane & Beane PC have filed an Article 78 proceedings in Westchester County Supreme Court. Petitioners include The Grassy Sprain Civic Association, Sprain Lake Knolls Civic Association and Winchester Homeowners Association that represent several hundred households in close proximity to the site.
This action seeks to overturn three recent decisions by the City’s Planning Board regarding construction at 555 Tuckahoe Rd. Yonkers. The suit asserts that city officials completely ignored the concerns of over 2000 households surrounding the UPS location. It cites environmental, public health, safety and welfare and quality of life concerns.
The parties named in this action are the City Planning Board, Roman Kozicky Chairman of Yonkers Planning Board, Vincent Pici Commissioner of Housing and Buildings, UPS, tenant of the site at 550 Tuckahoe Road owned by Alfred Weissman Weissman Real Estate LLC and Its subsidiary, Tuckahoe Owners LLC.
The suit claims United Parcel Service (UPS) made improper statements regarding their site plan application and numerous misstatements and misrepresentations in official documents; and that actions taken by UPS and city officials prior to the granting of site plan approval were arbitrary, capricious and unlawful.
The lawsuit asks that the Yonkers Planning Board rescind the Site Plan Approval issued to UPS on Aug 19, and require UPS to prepare an Environmental Impact Statement, allow residents to participate in the Planning Board review process, including holding a public hearing and issuing an injunction prohibiting further construction on the site by UPS and preventing Commissioner Vincent Pici from issuing any permits and certificates of occupancy to UPS.
Clare Gallagher, founder of StopUPS stated “This is not just a matter of the quiet enjoyment of our homes. This is about our safety, future health of our families. First and foremost, we demand that no fuel tanks be included on this development. This presents an unnecessary additional environmental and safety hazard. We are talking about 24,000 gallons of gasoline.One gallon of gasoline can explode with the same force as 14 sticks of dynamite. It can be easily ignited by electrical or static spark and furthermore gasoline spills are environmental hazards. Who would want this next to their home?”
Gallagher added “There needs to be a controlling mechanism for truck activity. UPS plans to have upward of 250 package trucks, numerous 18 wheelers and 400 workers operating 24/7. There needs to be consideration for the East Grassy Sprain Road access and limiting hours of operation are demanded in order to maintain a good neighbor relationship between UPS and the community to mitigate impact of the facility.”
When first learning of the UPS proposed new distribution center in February, and how it would disrupt their lives and that of their neighbors, Clare Gallagher, founded StopUPS.org. These citizens have invested hundreds of hours and thousands of dollars to protect their neighborhood against this corporate intrusion that would destroy the quality of life in their community. They were joined in the fight by vice-president of Winchester Village Nick Plakas and hundreds of their neighbors in the Grassy Sprain area.
