Americans with Disabilities Act (ADA) Allegedly Disregarded by Yonkers City Engineer Andy Api

YONKERS, NY – One of the issues that came before the Yonkers City Council Real Estate Committee, under the dual aegis of President and Co-Chair Chuck Lesnick and Co-Chair Patricia McDow, on Tuesday, March 18, 2008,  concerned the alleged disregard by the developers of 66 Main Street. Councilwoman McDow alleged what in the construction of 66 Main Street,  the sidewalks about the perimeter of the edifice, were constructed without adherence to the Americans with Disabilities Act (ADA) and the New York State Buildings Code and with the alleged foreknowledge and approval of Yonkers City Engineer Andy Api.

Powered by Qumana

Councilwoman McDow, in denial still after 3 years in office that projects approved can and are morphed to something different, has had an epiphany. She has rightfully recalled that the 66 Main Street project approved during her tenure on the City Council has been morphed to one in which an indoor garage has replaced use of the Parking Authority facility situated across the street. She was incredulous to have recognized that whether it was the Planning Board or the Zoning Board that approved the City Council approved plan to evolve into something more, did not have a mechanism to advise the City Council of those alleged changes. This is how so many projects are “tweaked” as they move through the alleged process.

Yonkers based Westchester Disabled On the Move, Inc. identified the issues and impediments to accessibility on the block between Main Street and Hudson Street, known as Hawthorne Street.

1)  The newly constructed curb cut/ramp on the northeast corner of Hawthorne and Hudson is three times steeper than the code permits. The code reqires all curb ramps to be 1 foot of length for every inch of height. The curb cut slope is in fact one foot in length for every three inches of height, a decidedly hazardous situation for a person in a  wheelchair to navigate.

2)  At the Buena Vista parking garage, the sidewalk terminates with two six inch curbs without curb cuts. The curb ramps would have to be six feet long to meet the standard. Without a curb cut/ramp, a person with a mobility impairmaent could not negotiate the east-side sidewalk.

At issue now is who will pay for having both the Buena Vista garage and the 66 Main Street property comply with ADA and NYS Building Codes. Further, who authorized Mr. Api to advise the developers that they were allegedly permitted to fall short of the ADA and NYS Building Codes? How did either building receive a Certificate of Occupancy. Is Yonkers complicity by way of Mr. Api’s alleged action fodder for legal remedy?

Upon inquiry of President Lesnick’s office, he wrote, “The developer will meet with the advocates for the handicapped between now and next Tuesday.  They will discuss an appropriate scope of services to make the project more accessible and we can then discuss who might pay for it.”

Councilwoman McDow has not responded to our inquiry. Neither has the City Engineer Api, or the Office of the Mayor of Yonkers. Inquiry was made prior to 1:00 pm, Thursday, March 20, 2008. It is now after 5:00 pm, March 21, 2008.

Comments

Doesnt the Parking Authority build and maintain the garage. Maybe that guy Dalton should research the laws regarding the handicapped rather than worry about his employees college tuition bill.

The developers were just doing what the City suggested. There was no way to make that sidewalk safe for wheelchairs. So it makes sense to have people use the sidwalk on the other side of the street. McDow has no clue of physics.

Dont worry Dalton is reportedly retiring soon, his replacement will set things right.

[franny]

hey has anyone seen cousins or is she still hiding thanks for day one and one voice oh i forgot spitzer didnt help her SELL OUT

The message is this -

In Yonkers the developers do whatever the hell they want to do and nobody in City Hall says anything, because the Mayor muzzles them and threatens to fire them if they object to anything the developers want.

And by the way, the developers pay only a small percentage of the taxes and fees they should be paying - all thanks to Phil.

Why should the mayor worry about those tax dollars. Hey, he can raise property taxes and fire cops, firefighters, and DPW workers to balance his budget. Why worry?
The saddest part about the joke that Yonkers is (and has been) is that no one is laughing anymore EXCEPT the mayor and the developers.

9:38 and 10:09 are standard whiners who may be part of the socialist sisters' little anti-development clique, which misrepresents its real motive (which is to stall development forever) and which worships Uncle Fidel from Havana.

Another Yonkers special.
Congratulations to Councilwoman McDow for bringing some common sense to this discussion.
But it is not only about the disabled. What about the able-bodied, who have a right to walk on a public side walk that can't just be taken away at the whim of a developer?
The building's architect and city inspectors knew this buildng was out of compliance as soon as the outer walls went up. Yet nothing was done.
It was pointed out at the Planning Board that this taking of a public sidewalk was a serious mistake, but in front of the City Council no one dared use that word. If any small businessman took over the city sidewalk in front of their property and built on it, they would be fined and might even have to remove the improvements.
Someone in City Hall screwed up badly, but of course as usual no one will be held accountable.

10:07 is delusional. Very few people are still seeing Amicone and developers as a viable answer to Yonkers problems. This city is on the verge of fiscal collapse and to think that developers care about the financial health of the city is not rational.
Perhaps developing is the answer for a long term (very long term) problem, but Yonkers is about to fail financially NOW and neither the state (financial problems of its own) nor the developers is going to bail it out.
BUT, don't blame the developers. If the city is willing to give up everything, why not take it. The developers are in business to MAKE MONEY.
Unfortunately for Yonkers, this administration is intent on giving it away!

3:34 manages to be both ridiculous and wrong in the same post.

5:16 Yup!! Delusional!!!

PAT MCDOW IS COMING FOR YOU CHUCK - ENJOY YOUR TIME.. TICK TOCK!

3:34, for goodness sakes, looks like making doomsday claims is making you happy. It's hard work that steers away from ruin. All this development is hard work, but you wouldn't know that. Just crack open another beer and complain while others work.

10:18...Thanks for the advice. Another beer, sit back, type a few words, and get you riled up!!! Hey!!! That's what I just did!!!! Just don't fall off your high horse when you read this!!!

HA! HA! HA! HA! HA! HA! HA! HA! HA! HA! HA! HA! HA! HA! HA! HA! HA! HA! HA! HA! HA! HA! HA! HA! HA! HA! HA! HA! HA! HA! HA! HA! HA! HA! HA! HA! HA! HA! HA! HA! HA! HA! HA! HA! HA! HA! HA! HA! HA! HA! HA! HA! HA! HA! HA! HA! HA! HA! HA! HA! HA! HA! HA! HA! HA! HA!

None of this matters, this is Yonkers. This is how it operates. Why Ms. McDow are you suddenly surprised?