By Carol P. Bartold

May 20, 2015:  Pondfield Court LLC's application to develop the former Morgan Manhattan Storage building at 100 Pondfield Road into eleven condominium units moved closer to approval at the Bronxville Planning Board's May 13 meeting.

On behalf of the board, Chairman Eric Blessing directed the village attorney, along with the village consultant, to draft a conditional negative declaration under the New York State Environmental Quality Review Act for review by the developer and its attorney.

Although the applicant's attorney, Michael Zarin, partner at Zarin & Steinmetz, requested that the board issue preliminary approval for the project in conjunction with a conditional negative declaration, the board declined to take that action.

"I would submit the documents are really one and the same," Zarin stated. "They often run parallel and reflect one another. That would move the application to a meaningful point." He also stated that securing a conditional negative declaration and having to wait an additional 30 to 60 days to secure preliminary approval for the project would not only be unnecessary, but also potentially unacceptable to Pondfield Court LLC.

Of most concern to planning board members are issues centering on the safety of pedestrians walking near the driveway easement to the building, the number of cars entering and exiting the property, and the guarantee of unobstructed easement passage to allow fire equipment access to the building at all times.

Zarin reported that Pondfield Court LLC representatives have had six meetings with Mosbacher Properties, owner of commercial properties adjacent to 100 Pondfield, in an attempt to reach an agreement on issues surrounding the applicant's right to enforce its easement and prohibit trucks from using it to make deliveries. The parties have not reached an agreement.

Speaking on behalf of Mosbacher Properties, Mindy Schmidt, senior property manager, emphasized that while the company supports the redevelopment project, "our job is to protect our tenants."

Schmidt stated that concern exists among tenants that they will lose access to the driveway they have depended on for decades to take deliveries of merchandise and supplies. "What we're looking for is the understanding that we have the need for our deliveries to be made," she told the board. "That's how the properties were developed and how they've been running for years."

Schmidt noted that a union rule calls for deliveries to Topps Wine and Liquor to be made within a certain close distance to the store's doorway, which the driveway easement provides. She added that trucks delivering supplies to Topps Bakery pull into the driveway at the bakery's storage level, making unloading bulk and heavy items efficient and cost-effective.

Blessing directed that the conditional negative declaration be drafted with the understanding that should an agreement be reached between Pondfield Court LLC and Mosbacher Properties about the easement enforcement, that condition can be excluded.

"Let's make the next meeting the last for both of us," Zarin said. "You have given this your utmost attention and we feel like we have done everything you have asked us. It just can't be an indefinite process."

The Bronxville Planning Board will meet on Wednesday, June 10, at 7:30 pm in the trustees room at Bronxville Village Hall.

Pictured here:  Michael Zarin, attorney for Pondfield Court LLC.  

Photo by Carol P. Bartold