Town OK's Next Steps for "Cook's"
Questions for Subway Sandwich & Tree Removal Projects

by Judy Silberstein

(May 8, 2003) At the May 7 meeting of the Town of Mamaroneck Board, two issues dominated the discussion: the continuing moratorium on development along the Boston Post Road corridor, and a request to cut down trees on a Murdock Woods property. Village Square Shopping Center was seeking to bring in a Subway Sandwich franchise, and the Brabants of Salem Drive were looking to landscape their yard.

Post Road Development Moratorium

Ever since the Board voted to suspend new business development on the Post Road, they have been hearing appeals by business owners impacted by the moratorium. (See: Appeals to Town Board) The Board’s process allows for exemptions in the case of hardships or renovations with minimal effects. Attorney Paul Bergins, appearing on behalf of the owners of the Village Square Shopping Center, argued that both conditions applied to his client’s situation. To replace a dry cleaning store that has been vacant for many months, the center’s owner, Kramont Realty Trust, has plans to bring in a Subway Sandwich store. To accommodate the Subway, renovations would be required, but only to the interior of the building. If they are not allowed to make the renovations, Kramont would incur a hardship from the continuing vacancy and loss of revenue.

At first, this case appeared to be identical to that of the Fernwood Shopping Center down the road. There, the Town Board is allowing interior renovations to an empty store to make way for a dance studio. However, Town Attorney William Maker pointed out that Subway is considered a “fast food” outlet and is not permitted at the location in question. Mamaroneck has an ordinance designed to limit the proliferation of such establishments. No new outlets are allowed without variances from a variety of Town boards and departments.

In the end, the Board voted unanimously to allow an exemption to the building moratorium. They stressed, however, that this should not be construed as an endorsement of bringing in Subway.

The Board also voted to allow an exemption for Melron Associates who are planning to demolish a vacant building (the former home of Cook’s restaurant) to put up a Commerce Bank and Duane Reade Pharmacy. Councilwoman Nancy Seligson reflected the Board’s ambivalent support. “We’re in a pickle,” she said. “We had lofty goals to improve the corridor, but here we have an applicant who needs to move forward on already established leases. It’s a large property that’s been vacant for a while, but this will be a large property that we will not be able to work with.”

Supervisor Valerie O’Keeffe pointed out, “This property has been a blight.” She was grateful that the owners and new tenants have indicated that they will work very closely with the Town on landscaping, safe entrance and egress, and other issues the moratorium was designed to improve. Attorney Maker noted that the new tenants would be replacing a food use, so there would be less odor and garbage.

Appeal to Remove Trees

The tree question involved a difference of opinion between the homeowners’ tree consultants and the Town of Mamaroneck’s Tree Preservation Commission. Additionally, a number of neighbors in the Murdock Woods area have written the Board, most in opposition to the removal of the trees and one in support of taking down one particular tree on the bordering property line. The Brabants, who purchased their Salem Drive property last August, have plans to tear down the existing house in the next year and replace it with a larger one of approximately 5,800 square feet. In preparation, and for various other reasons, they applied to remove 18 large trees. The Tree Preservation Commission approved removal of only eight trees, and the Brabant’s were seeking approval for more.

According to the Commission, the trees are in acceptable condition and do not interfere with the current home. According to the Brabant’s, many of the trees are damaged, represent a danger to the existing home, and are in the way of the planned construction.
Supervisor O’Keeffe was inclined to support the removal of the one tree bordering the cooperating neighbor’s property, but was also concerned that the tree might be needed to prevent drainage problems. Councilman Odierna and Councilwoman Wittner were reluctant to approve applications based on plans for future construction of a home and swimming pool that might change over time.

The case reminded Councilwoman Judy Myers of a similar situation from last year when a resident made a plea for preserving neighborhood trees. If the trees keep coming down, the resident had said, Murdock Woods is in danger of becoming Murdock Meadows.

After discussing the situation at length, the Board concluded that they were not in a position to make a determination and would need to get a “third opinion” from a tree expert. The Board recommended that the Brabant’s seek further advice and return for the next public meeting on May 28.