Enforcement of Obligations Imposed In SEQRA Findings Statements

The Mutual Aid Association Case

The case involves obligations supposedly imposed on the developer of Ridge Hill, an 81-acre mixed use residential and commercial development in the City of Yonkers. In 2003, the developer sought zoning amendments and site plan approval to allow the project to go forward. The developer's Draft Environmental Impact Statement (DEIS) concluded that to mitigate the project's impact on fire protection, "the Yonkers Fire Department may need to increase its current staffing and equipment as well as consider the construction of a new fire station." The Yonkers City Council accepted a Final Environmental Impact Statement (FEIS) in May, 2005. After public hearings and public comments, the Council, in December 2005, adopted a Statement of Findings indicating that the impact on fire protection "will be accomplished by improvements to the infrastructure and the addition of new firefighting and supervisory personnel." Seven months later, the council adopted another resolution with a supplemental findings statement, which included the following language:

"The Project Sponsor has, by way of implementing the Findings, offered to construct a firehouse to service Ridge Hill and the fire service district within which Ridge Hill lies, on land to be acquired or otherwise provided by the City of Yonkers at the City's cost. The Project Sponsor has agreed to undertake design and construction of the firehouse, provided that land acquisition and permitting will be undertaken by the City."