Restricted Access Rights Challenge Morgan Manhattan Storage Building Development
Written by Carol P. Bartold
Oct. 15, 2014: Although 100 Pondfield LLC, owner and potential developer of the former Morgan Manhattan Storage building, has rights to the building, the firm does not own rights to access to the building, a stumbling block in gaining approvals from the Bronxville Planning Board to rehabilitate and renovate the building into 11 condominium units with on-site parking.
As noted at the October 8 Bronxville Planning Board meeting, 100 Pondfield LLC is operating under constrictions that most developers do not face. "The applicant has a bundle of rights to the property," stated board member Randolph Mayer, "and they don't include all the rights one would want to develop the property."
At issue are a narrow alley from Pondfield Road, which provides the only ingress and egress for the building, and a courtyard contiguous to the 100 Pondfield property and behind the commercial storefronts on Pondfield Road, both owned by Mosbacher Properties Group.
Although 100 Pondfield LLC has rights by easement to use the alley to access the building, the easement does not include rights to the courtyard, currently used by commercial tenants Studio One hair salon and Topps Bakery for parking.
Attorney Michael Zarin, partner at Zarin & Steinmetz, representing the developer, addressed board members' concerns about safe and available entrance to and exit from the property.
Zarin stated that 100 Pondfield LLC has the right to work with Mosbacher Properties Group to regulate alley usage so that it is not blocked or interfered with in any way that would inhibit pedestrian or vehicle access to the building. "We can do that legally," he said. "What we can't do is regulate how Mosbacher can use the alley." He noted that delivery trucks currently use it and often back out onto Pondfield Road.
The developer plans to install brick pavers to mark a pedestrian walkway, place speed humps to slow traffic, and stripe the pedestrian crossing of the alley on Pondfield Road. "I think we're doing everything we can conceivably do to let pedestrians know that there could be cars entering and exiting," Zarin said.
In addition, he stated, all deliveries to the building will use designated truck loading zones on Park Place, which is 200 feet from the entrance, and Cedar Street, 280 feet from the building entrance.
Zarin reported that the Eastchester Fire Department has indicated that its trucks will not need to use the alley in case of fire. They can bring ladders onto the property and use a Siamese connection, which will allow attachment of two fire hoses to a water source. He noted that the A&P parking lot can also provide fire department vehicles with additional access to the building, if needed.
Zarin indicated that discussions with Mosbacher Properties Group relative to the use of the courtyard area are ongoing. "It's unclear what uses the village has approved for the courtyard," Zarin said. "It's very difficult to see from the certificates of occupancy and the various building plans." The area is not striped for parking and it offers no circulation for traffic. He urged the village to use its leverage to "correct some of the existing situations" as a means to regulate and enforce the use of the courtyard area and indicated that Mosbacher Properties Group would be willing to cooperate.
Zarin emphasized that the developer has no authority to include the courtyard area in its proposed design and stated that 100 Pondfield LLC should not be precluded from receiving planning board approvals over a condition not related to its use of the building.
"Nothing about the development of this site will help the Village of Bronxville become a safer place, in my opinion," Randolph Mayer said. "And you don't have the rights as a property owner to really address a lot of the serious issues that development raises."
Planning board chair Eric Blessing announced that the board has filed notification to become the lead agency for the project but that the 30-day notification period has not yet ended. He declined the developer's request to refer the project to the zoning board of appeals until after that period and until the planning board can fully perform its due diligence.
Blessing asked planning board members to bring their specific issues about the project for discussion at the board's next meeting, Wednesday, November 12, at 7:30 pm in the trustees room at village hall.
Pictured here: Former Morgan Manhattan Storage building behind Topps Bakery and Studio One.
Photo by A. Warner
Government & History Directory
Bronxville is a quaint village (one square mile) located just 16 miles north of midtown Manhattan (roughly 30 minutes on the train) and has a population of approximately 6,500. It is known as a premier community with an excellent public school (K-12) and easy access to Manhattan. Bronxville offers many amenities including an attractive business district, a hospital (Lawrence Hospital), public paddle and tennis courts, fine dining at local restaurants, two private country clubs and a community library.
While the earliest settlers of Bronxville date back to the first half of the 18th century, the history of the modern suburb of Bronxville began in 1890 when William Van Duzer Lawrence purchased a farm and commissioned the architect, William A. Bates, to design a planned community of houses for well-known artists and professionals that became a thriving art colony. This community, now called Lawrence Park, is listed on the National register of Historic Places and many of the homes still have artists’ studios. A neighborhood association within Lawrence Park called “The Hilltop Association” keeps this heritage alive with art shows and other events for neighbors.
Bronxville offers many charming neighborhoods as well as a variety of living options for residents including single family homes, town houses, cooperatives and condominiums. One of the chief benefits of living in “the village” is that your children can attend the Bronxville School.
The Bronxville postal zone (10708, known as “Bronxville PO”) includes the village of Bronxville as well as the Chester Heights section of Eastchester, parts of Tuckahoe and the Lawrence Park West, Cedar Knolls, Armour Villa and Longvale sections of Yonkers. Many of these areas have their own distinct character. For instance, the Armour Villa section has many historic homes and even has its own newsletter called “The Villa Voice” which reports on neighborhood news.
Village of Bronxville Administrative Offices
337-6500
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337-0500
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793-6400
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