Court Rejects Challenge to Yorktown’s New Zoning Rules
November 28, 2023 – The New York Supreme Court rejected a legal challenge to Yorktown’s modernization of its zoning rules in certain business corridors.
Justice George E. Fufidio ruled that the Yorktown Town Board acted legally and appropriately in 2021 when it adopted zoning overlay districts for its economically struggling business hamlets.
Fufidio wrote in his November 21 decision that the Town Board “took into account the foreseeable needs of the community and was guided by the Town’s Comprehensive Plan and sound zoning principles, as well as by State and Local laws with which they were in compliance and the whole plan was carried out in a proper, careful and reasonable manner.”
The legal action was filed by Protecting Yorktown’s Quality of Life Foundation and four of the foundation’s supporters. Supervisor Tom Diana called Justice Fufidio’s decision a vindication.
“The current and former members of the Town Board were thoughtful, deliberate, and respectful of all our obligations under the Town’s Comprehensive Plan. We adopted this overlay zoning ordinance with the goal of bringing an economic rebirth to our business hamlets that have struggled for years because of changes in the retail landscape,” said Supervisor Diana. “This overlay zoning is intended to position Yorktown businesses for success, and that’s where we are headed.”
The adoption of the overlay district in Yorktown Heights allowed the owner of the former Soundview Preparatory School campus at 370 Underhill Ave. to propose a mixed-use development with 148 residential units, 11,000 square feet of commercial space and the preservation of the property’s historic mansion. The Yorktown Planning Board has approved the developer’s site plan.
Assemblyman Matt Slater was Yorktown’s supervisor at the time the overlay zoning was adopted.
“The court’s ruling validates the great care we used to craft an economic development plan that will revitalize the Yorktown Heights business district,” said Assemblyman Slater. “The Overlay District law has been the key to attracting millions of dollars in new private investment in Yorktown Heights, and it will continue to transform our town and grow the local commercial tax base.”
In May, the Town Board approved an agreement with the Soundview school developer that will deliver a full reconstruction of the intersection at Route 118 and Underhill Avenue. The developer, Underhill Soundview LLC, committed $225,000 to the Town to fund public park improvements and more than $625,000 toward the estimated $1.2 million cost of redesigning and building the new intersection.
