Major Media covered the news of a restraining order on Nov. 11, including ABC7 with Westchester County residents fight UPS warehouse expansion plan, LoHud with Concerned Yonkers residents get temporary halt to proposed UPS expansion, and Westchester News 12 with Judge rules UPS temporarily halt expanding Tuckahoe Road facility.
Community Group Scores A Major Legal Lawsuit Victory with The Granting Of A Judicial Restraining Order
Yonkers, NY (Nov 9, 2020) In an ongoing legal battle between a Yonkers neighborhood group (StopUPS.org) against corporate Goliath UPS planned expansion has resulted in an initial victory the community group.
Westchester County Supreme Court Justice Gretchen Walsh issued a restraining order on Nov 6th against UPS which prevents any on site or off-site outdoor construction of a proposed massive UPS distribution center at 555 Tuckahoe Road, Yonkers. UPS has boasted that this will be the largest UPS distribution in all of Westchester and the Bronx.
Surrounding neighbors representing 2000 households have demanded that UPS prepare an environmental impact statement (EIS) so that UPS mitigates the environmental, health, safety and quality of life impacts on the surrounding residential community. The City of Yonkers Planning Board refused to order UPS to prepare an EIS. The residents have also raised other legal claims against the proposed distribution center.
StopUPS.org founder, Clare Gallagher commented, “We are very grateful that Judge Walsh has listened to the concerns of our neighborhood and issued a restraining order. We have already been choked by fumes, awakened at 2:00 a.m. and felt shaking and vibrations from heavy machinery during the construction process. The facility has not even opened yet and the City of Yonkers and UPS ignored us. We do not want to deal with horrendous traffic or be awakened at all hours of night for the next 25 years. No other business that previously operated on this site has ever been 24/7 or as intense an operation as what UPS is planning to run. We have a right to the peaceful enjoyment of our homes and neighborhood.”
The restraining order will remain in effect until at least Nov 30 at which time residents will seek a long-term injunction against UPS at a Court hearing. The restraining order against UPS is believed to be the first time a Court anywhere in the US has stopped UPS from constructing a distribution center.
Yonkers Homeowners File Lawsuit Against UPS, Owners
Local homeowners in Yonkers have filed a major lawsuit to seeking to overturn three recent decisions by the City’s Planning Board regarding construction at 555 Tuckahoe Rd. Yonkers. The suit claims that the owners, a subsidiary of Weissman Real Estate LLC, made improper statements regarding their site plan application and numerous misstatements and misrepresentations in official documents; and that actions taken by United Parcel Service (UPS) and city officials prior to the granting of site plan approval by were arbitrary, capricious and unlawful. Read More
Biz Journal: ‘UPS neighbors to go before Yonkers Zoning Board of Appeals’
Read an update by Peter Katz in the Sept. 7 issue of the Westchester and Fairfield County Business Journal. Click the square in the lower right to begin on page 9 in full-screen mode; article continues on page 14.
Abatement Denies Any Financial Gain Through 2025, Possibly More
The property has a 10 year abatement that began in 2015 and continues through 2025. So to whose benefit does the project moving forward serve? It isn’t serving the taxpayer. Read more
Thanks to Yonkers Voice for taking time out of their day to talk to Councilmember Anthony Merante and neighbor Nick Plakas.
Save Our Neighborhood—Don’t Let UPS Destroy Our Everyday Quality of Life!