Tesla Inc. claims that the City of Yonkers is unlawfully stopping it from installing electric vehicle charging stations.
The Austin, Texas carmaker petitioned Westchester Supreme Court on March 12 to compel the city to allow installation of 16 charging stations at ACME shopping center, McLean and Central Park avenues near the Yonkers – Bronx border.
The Yonkers Planning Board “acted arbitrarily and capriciously” in denying approval of a site plan and special use permit, the complaint states, “in that it allowed itself to be swayed by community pressure which was unsupported by any professional opinions or testimony.”
Yonkers enacted regulations in 2024 encouraging installation of charging stations to “promote … the use of electric vehicles.” The stations could be installed in any zoning districts, with a building permit, an electrical permit, and in some cases a site plan, according to Tesla’s petition. The city law also requires a special use permit for motor vehicle use — such as repair shops and car sales — between midnight and 6 a.m.
The city planning department told Tesla that it needed a special use permit because the chargers would operate 24 hours a day.
Tesla contends that the Level 3 superchargers it wants to install do not require a site plan or special use permit. “Nevertheless,” last July, it “filed the application and sought planning board approval.”
Tesla presented its plans at public meetings last October and November. Three neighbors who live across the street from the plaza cited concerns about potential noise, loitering, car music, arguments, and police activity.
Tesla representatives said the charging stations are quiet, security cameras could be installed, cars that idle too long are charged a fee that discourages loitering, and there is ample room for the charging stations.
On Nov. 12, the planning board unanimously denied approval for a site plan and special use permit. The board’s resolution noted that the proposed location is about 130 feet from houses and apartments. “Having the charging stations open and operational to the public 24 hours a day would produce an undue nuisance and negatively impact the residential land uses in the surrounding areas.”
Tesla argues that city law does not require a site plan review or special use permit for charging stations, therefore the planning board had no jurisdiction. And it argues that no evidence supported the planning board’s decision.
City spokesperson Christina Gilmartin did not reply to an email asking for the Yonkers’ response to the allegations.
