By Carol P. Bartold     

Jan. 20, 2016:  The Bronxville Planning Board, at its January 13 meeting, directed that the combined preliminary and final site plan approval documents be drafted by Pondfield Court LLC to develop the former Manhattan Storage building at 100 Pondfield Road. 

The proposed development would be for eleven condominium units with a 14-space parking garage.

In Pondfield Court's first appearance since July 8, when the board issued a conditioned negative declaration, attorney Michael Zarin, partner at Zarin & Steinmetz, detailed the steps the developer has taken to address the conditions set forth in that document.

"You have already provided us with major and comprehensive conditions that combine preliminary and final site plan approval," Zarin said. "We still have some conditions we need to satisfy, but we're absolutely prepared to do that."

Still unresolved are matters of property use and easement rights pertaining to the 15-foot-wide driveway that provides the only vehicular access to the building. Mosbacher Properties Group owns the easement as well as the commercial properties on either side of that easement. Attorney Richard Salomon, representing Mosbacher, stated that the company's interest lies in preserving tenants' rights to receive deliveries and have rubbish removed.

"In particular, we don't want dumpsters on the street," Salomon told the board. "Deliveries, particularly to the baker [Topps Bakery], must go through the back. We want to make sure our tenants are not shut down from the use from what is a service driveway for us."

Zarin stated that Pondfield Court LLC intends to continue to use its best efforts to continue to negotiate easement issues with Mosbacher Properties Group, but, "if necessary, we will seek a declaratory judgment" from a court of competent jurisdiction. "We think the law is clearly on our side," Zarin added.

In his presentation, Zarin detailed steps the developer has taken or will take to meet other conditions in the conditioned negative declaration. Site plans were submitted to the International Code Council (ICC), an association that addresses building safety and fire prevention codes. After receiving comments from the ICC, a full hearing was held before the Hudson Valley Board of Review of the New York Department of State Office of Planning and Development to deal with the issues raised. Zarin indicated that final drawings will comply with that board's recommendations.

Pondfield Court will coordinate with the village to have the driveway striped and designated as a fire lane. That designation must be achieved before a certificate of occupancy will be issued.

The traffic management plan, Zarin stated, will provide warning lights that signal pedestrians of vehicles approaching Pondfield Road from the easement driveway and will indicate to drivers that pedestrians are crossing the driveway.

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

Pictured here:  Attorney Michael Zarin speaking before the Bronxville Planning Board on January 13, 2016. 

Photo by Carol P. Bartold