By Carol P. Bartold

Jul. 15, 2015:  Pondfield Court LLC representative Matthew Pisciotta, associate at the law firm Zarin and Steinmetz, appeared before the Bronxville Planning Board at its July 8 meeting to request that the board authorize preparation of a draft preliminary site plan approval to develop the former Morgan Manhattan Storage building at 100 Pondfield Road into eleven condominium units and a fourteen-space parking garage.

"We believe we have worked through all the conditions set by the board for a preliminary site plan approval that were placed on the conditioned negative declaration that was approved," Pisciotta stated. The board adopted the conditioned negative declaration at its June meeting. The mandatory 30-day public comment period on the declaration remains open until Friday, July 24, 2015.

The planning board declined to take action at the meeting toward granting a preliminary site plan approval. Planning board chairman Eric Blessing cited the still-open public comment period as well as the conditions on the conditioned negative declaration that Pondfield Court LLC has not completely addressed.

Safety issues arising from limited ingress and egress to the landlocked building remain as a primary, unresolved issue for planning board members. An alley, approximately 15 feet wide, provides the only vehicular access to the building.

"I can't, in good faith, make a commitment about this unless I have a few things clearly locked up in my mind," Rene Atayan, board alternate, said, adding that issues surrounding fire and emergency vehicle access to the building at all times must be, and have not been, solved.

Matters of property use and easement rights, still under discussion between the developer and Mosbacher Properties Group, owner of properties adjacent to 100 Pondfield Road, have not been resolved. "We would like to make sure that our tenants and their way of doing business is not encroached," said Mindy Schmidt, senior property manager with Mosbacher.

"Until a court of competent jurisdiction tells us how this easement is designated," Schmidt stated, "Mosbacher's position would be that it's premature for you to give a preliminary site plan approval without getting specific information."

Schmidt further noted that agreements must be reached about what specific safety measures the developer is authorized to install on the property. Pondfield Court LLC has proposed a system of warning signs and in-pavement lights activated by bollards to be installed in the easement driveway. Schmidt pointed out that all of those items would be installed on Mosbacher-owned property.

Pisciotta stated that the developer has also submitted a plan showing placement of all safety features outside the property.

"So that involves village land," noted planning board member Adrienne Smith. "You have neither locked in and it's a bit of a problem at this point. I hate to say this, but I'm just not understanding the inability to work toward some kind of concrete solution."

Village consultant Marilyn Timpone-Mohamed of Frederick P. Clark Associates advised the board, based on the incomplete answers to the conditions on the conditioned negative declaration, to exercise caution in granting any approval for the project.

With the board's concurrence, Blessing suggested that Pondfield Court LLC address all of the conditions to the board's satisfaction before it authorizes drafting a preliminary site plan approval.

The Bronxville Planning Board will meet on Wednesday, September 9, at 7:30 pm in the trustees room at Bronxville Village Hall.

Pictured here: The roof of the former Morgan Manhattan Storage building.

Photo by N. Bower