[Federal Register Volume 67, Number 90 (Thursday, May 9, 2002)]
[Notices]
[Pages 31355-31356]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-11647]


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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

[Docket No. FR-4491-N-07]


Final NEPA Environmental Impact Statement (EIS); 1105-1135 
Warburton Avenue, City of Yonkers, NY; Affordable Housing Ordinance 
(AHO) Mandated by a 1988 Federal Long-Term Plan Order

AGENCY: Office of the Assistant Secretary for Community Planning and 
Development, HUD.

ACTION: Notice.

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SUMMARY: The Department of Housing and Urban Development (HUD) gives 
this notice to the public that the City of Yonkers, New York, has 
completed and makes available to the public for comment the Final 
Environmental Impact Statement (FEIS) that analyzes the potential 
impacts of developing a 4.6 acre property, located on the west side of 
Warburton Avenue, north of O'Dell Avenue, in the City of Yonkers, New 
York.
    The original project was proposed for 524 units and eleven stories. 
The FEIS now contains two preferred alternatives, which shall set the 
development parameters of the project between 418 units and 440 units, 
and between 7 and 10 stories. Both alternatives are required to provide 
affordable units mixed with market rate units in accordance with the 
City's Affordable Housing Ordinance (AHO). The applicant proposes to 
utilize the 80/20 Program tax exempt financing and federal tax credits. 
No direct HUD funding is currently involved.
    This notice is in accordance with the regulations of the Council on 
Environmental Quality as described in 40 CFR parts 1500-1508. Federal 
agencies having jurisdiction by law, special expertise, or other 
special interest are requested to comment.

DATES: Comment Due Date: June 10, 2002.

FOR FURTHER INFORMATION CONTACT: All interested agencies, groups and 
persons are invited to submit comments on the FEIS directly to Lee 
Ellman, Planning Director, Department of Planning and Development, City 
of Yonkers, 87 Nepperhan Avenue, Suite 311, Yonkers, New York, 10701, 
(914) 377-6558. [email protected].
    Copies of the FEIS for 1105-1135 Warburton Avenue are available at 
the Yonkers Public Library: Getty Square Branch, 7 Main Street, 
Yonkers, NY 10701; Grinton I. Will Branch, 1500 Central Park, Yonkers, 
NY 10710; Crestwood Branch, 16 Thompson Street, Yonkers, NY 10702; or 
from the City of Yonkers Planning Bureau, 87 Nepperhan Avenue, Suite 
311, Yonkers, New York, 10701.

SUPPLEMENTARY INFORMATION: The Affordable Housing Ordinance (AHO) is 
mandated by a 1988 Federal Long-Term Plan Order. A subsequent federal 
court decision requires environmental review of all affordable housing 
projects under the National Environmental Policy Act (NEPA). This 
project is an affordable housing development falling under the AHO. The 
City of Yonkers determined that the housing project constitutes an 
action significantly affecting the quality of the human environment and 
therefore required the preparation of an EIS in accordance with NEPA. 
The residential building proposed sets aside a number of units to 
satisfy the affordable housing requirement.
    A scoping session to determine the issues of the Draft EIS (DEIS) 
was opened on March 23, 2000 and a final scoping document was accepted 
on June 29, 2000. The City accepted the DEIS as complete on November 
15, 2000, and set a date for a public hearing. The DEIS was the subject 
of public comments, both oral and written, provided by agencies, 
interested groups, and individuals, at the public hearing on December 
13, 2000, and during the DEIS public comment period which extended 
through March 3, 2001. In response to public comments on the DEIS, the 
Yonkers Planning Board, at its February 13, 2002 meeting, chose by 
resolution to identify two alternatives to carry forward in the FEIS. 
The public comments and preferred alternatives have been incorporated 
into the text of the Final EIS, which was completed in March 2002.
    The public hearing for the Draft EIS was for the original 524-unit, 
11-story building that had 10 percent of the units affordable. 
Correspondence from 53 involved or interested agencies and interested 
persons or groups were received on the project. Thirty-four responses 
were received by the Army Corps of Engineers relating to wetlands. The 
Army Corps of Engineers conducted its public hearing concurrently with 
the NEPA/SEQR public hearing process.

Discussion of Mitigation Measures

    Public comments that were received on the DEIS primarily focused on 
issues relating to land use density, height and bulk impacts on scenic 
view sheds, wetlands protection, parking, and traffic on local streets.
    A 1.45-acre portion of the property is wetland. One full acre of 
the wetland will remain on site and the City has indicated its 
preference to have the

[[Page 31356]]

applicant mitigate the wetland impact with a new wetland at a location 
within the City of Yonkers or in a mutually accepted location. Relating 
to wetlands, on- and off-site mitigation measures are subject to 
approval by the Army Corps of Engineers under application number 1999-
10770-YN.
    In addition, other mitigation measures proposed for inclusion in 
the redesign of the project as discussed in the FEIS are the following. 
To reduce density, the number of units would be reduced from 524 in the 
original proposal to between 418 and 440 units. To reduce the visual 
impact on the Old Croton Aqueduct, the 11-story height of the building 
in the original proposal would be reduced to between 7 and 10 stories, 
and will be gradually stepped down to 4 stories. The building has also 
been rotated to further protect views. The project meets and exceeds 
the Yonkers Zoning Code Parking requirements and the applicant has 
agreed to continually monitor the parking situation. To mitigate 
traffic impacts, the applicant has agreed to fund substantial traffic 
improvements at area intersections and roadways, including a new 
traffic light at Odell and Warburton Avenue, new pavement, striping, 
guardrails and traffic signage along Odell Avenue.
    Questions may be directed to the individual named above under the 
heading ``For Further Information Contact.''

    Dated: May 3, 2002.
Roy A. Bernardi,
Assistant Secretary for Community Planning and Development.
[FR Doc. 02-11647 Filed 5-8-02; 8:45 am]
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