
Dear Residents,
We are writing to update you on the status of the proposed Underhill Farm development.
Update Article 78 Legal Action – The Protecting Yorktown’s Quality of Life Foundation (AKA Foundation, formerly Soundview Legal Fund) filed a lawsuit on April 27, 2021 in the State of New York Supreme Court, Westchester County, against the Town of Yorktown and the developer, Underhill Soundview, LLC (Unicorn Contracting, Inc.) for passing the Planned Design District Overlay Zone law (AKA overlay law) on December 31, 2021. The lawsuit alleges that the Town violated the NY State Environmental Quality Act (SEQRA) and New York Town Law, 263.
The Town of Yorktown and Underhill Soundview responded to the Foundation’s filing and the Foundation counter filed. The lawsuit is now in the hands of a Westchester County Superior Court judge and his ruling may take several weeks or months. The Foundation has asked the Court to 1) annul, vacate and set aside the law for alleged failure to comply with SEQRA, 2) vacate and annul the Town Board’s determination to qualify Underhill Farm under the new law and 3) declare the new law null is irrational, arbitrary and null and void for failure to comply with NY Town Law.
Final Funding Raising - First, the Foundation wants to thank those of you who have generously contributed to support our Article 78 filing. Your contributions have allowed us to pursue our legal challenge and we are on the last leg of our journey, with $2,904 remaining in fees to pay. We welcome any contribution; if you can:
Please address your check to: Protecting Yorktown’s Quality of Life Foundation, Inc.
And mail the check to: PYQLF, 3090 Gomer Street, Yorktown Heights, NY 10598
Update Planning Board– Based on the June 13, 2021 Public Information Hearing, the Board requested that Underhill Soundview provide additional information about potential critical environmental impacts from the planned development, such as traffic, historic resources, wetlands, neighborhood / community character, and infrastructure. After a four month hiatus, Underhill Soundview submitted an Expanded Environmental Assessment Form Review (180 page preliminary report addressing the areas noted above). Due to the volume and complexity of the information, the Board indicated it would hold future work sessions based on a schedule of topics and include the appropriate commissions. Unlike an Environmental Impact Study option, the public will not be allowed to participate in these work sessions.
Thank you for your continued support to protect our community, neighborhoods and quality of life for current and future generations of our community.
The Foundation (PYQLF)