Rock Ridge
Neighbors Oppose Variances for Boston Post Road Development
at "Cook's"
by Judy Silberstein
(September 11, 2003) A clash between commercial and residential
interests is playing out along the Boston Post Road in the
Town of
Mamaroneck
as a proposal for the property still known as Cook’s
wends its way through the Town’s various land use boards.
On Wednesday, September 10, neighbors from Rock Ridge Road
were on hand at the Planning Board to outline their concerns
about the anticipated demolition of the restaurant and building
of a bank and a pharmacy on the site.
The controversy may sound familiar to Larchmonters who have
been following the ongoing unhappiness of Bonnett Avenue
residents who abut the Chatsworth Avenue CVS in the Village
of Larchmont. (See: Bonnett
Avenue & Board Tempers Boil Over Park & Parking Lot)
While replacing a food-related business (with its concomitant
odors, messy garbage and intense traffic) with a pharmacy
in both the Town and the Village may be seen as a plus, the
residents have continuing worries about deliveries, parking,
air conditioner noise, lighting and hours of operation. In
the Town, plans include replacement of one building (a restaurant)
with two buildings (a bank and a pharmacy. The biggest concern
at both sites is about the height, depth and maintenance
of a landscaped buffer between the commercial and residential
backyards. At both sites, developers required variances and other cooperation
from governmental boards to proceed with their plans. Melron
Amusement Corporation, that owns the Town property and has
been operating a game parlor in the mostly vacant building,
received an exemption from a development moratorium imposed
on the Boston Post Road commercial corridor in February,and
recently extended to December 31.
(See: Moratorium on Post Road) Because
Melron was already in negotiation
with potential long-term tenants Commercial
Bank and Duane Reade Pharmacy at the time the moratorium
was voted in, the Board allowed the project to continue.
From the neighbors’ perspective, that was only the
first instance in which the developer’s interests are
being considered over those of the residents. The current
building and parking lot do not conform to current zoning
requirements, but the new ones will be subject to new rules.
The developers are asking for multiple zoning variances,
including one to reduce the amount of planted buffer between
their property and the homes resting on land sitting atop
a rock ridge that ranges from low (less than 5 feet) to high
(more than 15 feet) overlooking the commercial zone. As with
CVS, differences in terrain and location are creating somewhat
different worries that require somewhat different solutions.
Trees may work on one property; a fence may be needed next
door. The neighbors are united, however, in their request
for the full extent of buffering required by zoning regulations.
“It is not my intent, nor do I think it is the intent
of any of the Rock Ridge Road residents, to deny Melron to
use their property as they see fit,” said Marsha Kirchoff,
who lives directly above the currently defunct Ming's restaurant
at the site of the past Cook's. “But
the Town cannot allow Melron to better themselves at the
expense of their neighbors,” she continued.
From the developers’ point of view, if they move the
noisier activities (like the loading dock) away from the
backyard neighbors, they need more space in the front for
parking, which requires them to move the buildings further
back on the lot than zoning rules stipulate. That means additional
zoning variances. In addition, they argue, the rock ridge
itself is part of the buffering space, so less horizontal
space is needed in the back.
“We understand what all the neighbors are talking
about and we’re trying to address what is practical,
but some of the things they’re asking for are hard
to do because of the ledge,” said Melvin Getlan, one
of the Melron owners. He added that he had met with a number
of neighbors and offered to locate plants or fences on their
properties, but the residents were not interested.
The neighbors would like to see smaller buildings – or
one building instead of two – so perhaps zoning variances
would not be needed. “We’re adamantly opposed
to the overdevelopment of the property,” said another
Rock Ridge resident Dan McWilliams, who pointed out that
the proposal will double the number of square feet of land
covered by buildings.
Getlan explained his position. “We’re allowed
to build up to a 25% coverage of the property and we’re
building 24%. Whether it’s one building that size or
two, that’s still allowed.”
“We have a business there that’s failed,” said
Getlan, “And we’re trying to improve the property,
which will bring in more real estate taxes, sales taxes and
taxes from the employees.”
Marilyn Reader, Chairman of the Planning Board also explained
that the boards may not place limits on development that
are over and above zoning or other regulations.
At last night’s meeting, a recurring theme was confusion
over what constituted a Planning Board issue as opposed to
a Zoning Board of Appeals issue. The Rock Ridge neighbors’ are
greatly concerned with the possibility of Melron acquiring
variances to zoning requirements (obviously an issue for
the Zoning Board), yet in considering the Melron site plan,
the Planning Board kept touching on matters related to zoning,
such as where to put the loading functions. With the Melron
project appearing at all three land use boards (Board of
Architectural Review is the third), the neighbors are having
difficulty knowing what issue to address where.
The Planning Board did suggest that many of the concerns
about noise, hours of operation, and maintenance could be
addressed through conditions that are imposed at Planning.
For example, the Planning Board can require that trees planted
in a buffer be maintained and be of a particular height and
kind. This did not satisfy residents who suggested that these
sorts of requirements have been imposed before but are very
difficult to enforce once a businesses is in operation.
"Please look at the future,” implored Jerry Glaser,
a Rock Ridge neighbor who has been attending similar meetings
for over forty years. Arguing that the relatively quiet bank
and pharmacy may depart in five or ten years, he pleaded
with the Planning Board to consider a site plan
that would
work regardless
of the nature of the commercial tenant.
Other neighbors complained about illegal parking by Dunkin’ Donuts'
employees and trucks; malfunctioning ventilation systems
at Nathan's (a previous tenant) and Ming’s, and early
morning deliveries at Pier One Imports and The Gap. Town
Building Director
Ronald Carpento
urged them to call police or his office whenever they observed
a violation.
There were also complaints about lack of notification for
the many relevant meetings. None of the neighbors present
had received official notice of the Wednesday meeting, although
the Board believed notice had been mailed out on September
3. Notification procedures are also an issue with the Bonnet
Avenue residents who have complained that they missed a crucial
meeting that was announced only in the local paper around
the Labor Day holidays last year.
As in the CVS case, it will probably take many more meetings
before any development
takes place
at
1265
Boston Post Road. The deteriorating and vacant Ming’s
is likely to be there for some time to come.
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