Work can now resume on 30 Broad St. building
June 20, 2024 at 12:11 a.m.
Work on the mixed-use building that will house a brewpub, apartments and offices across from the Metro-North station should resume soon.
Greg Cutler, Port Chester’s Director of Planning and Economic Development, announced at the Industrial Development Agency meeting on June 12 that the stop work order for the 30 Broad St. development had been resolved.
Cutler was able to administratively approve the change that was made to the building which did not coincide with the approved plan and caused work to be paused on Mar. 4.
At that point the structure had reached its approved nine stories.
The planning director determined that the alteration where the building goes straight up instead of being indented wasn’t an increase in intensity and he could therefore sign off on it.
“It was a balcony setback,” said Cutler.
“They were supposed to have a recessed ninth floor,” said IDA member and Village Trustee John Allen.
A Mar. 4 letter from the Building Department to 30 Broad Development LLC at 181 Westchester Ave., Suite 301A titled “Notice of Intent to Revoke Building Permit” states that “the Ninth Floor reveals an unroofed patio area facing Broad Street. A comparison to Exhibit “C” Plan Page A-204 of the Ninth Floor reveals no unroofed patio area facing Broad Street.”
“As a result of an investigation,” the letter, signed by Building Inspector Kevin Donahue, continues, “the Building Inspector has determined that revised plans, Exhibit “C,” were submitted without notice of said changes to the Ninth Floor and that such submission is not in compliance with the approved site plan, Exhibit “A,” and which constitutes an error of acceptance in being incorrect, inaccurate and or fraud as depicted on the accepted plans.”
The revised plans for the building refer to those approved by the Planning Commission which converted office space to residential units.
The development, approved before the Form-Based Code was adopted, does not provide any parking.
Because the approved plan was not followed, the building permit was suspended and the developer was required to stop all work, remove all flammable or combustible products and debris from the building, secure the building from unauthorized access, provide a fire watch, provide a fire safety prevention plan and request an inspection to verify that these things were done.
To prevent revocation of the building permit, the developer was required to submit plans demonstrating compliance with the Planning Commission site plan resolution and site plan approval and submit a check for the third-party plan review fee within 30 days.
If that was not done, “a new application and building permit will be required to continue construction,” states the Mar. 4 correspondence.
While he did it this time around, Cutler will no longer be able to administratively approve such modifications to approved building and lot plans.
“We did a little cleanup [to the zoning code],” said Cutler.
That was done by the Board of Trustees on May 20 in conjunction with establishing a new CD-5T Urban Center Transit Character District.
This new dual zone, which runs on New Broad Street to William Street to Pearl Street, incorporates several properties.
“It is not an overlay zone, it is a new zone,” Cutler explained. “You can choose one or the other. The number of stories is limited to nine.”
In this new zone, Cutler does have authority to approve changes to any approved site plan that reduces the number of stories assuming nothing else has changed. The residential project at 28 Pearl St., originally approved for 12 stories, could take advantage of this process. A submission is expected in early July.
The Board of Trustees had rezoned this property and others on Pearl Street and New Broad Street to a maximum of three stories which led to two lawsuits, including from the owners of the 28 Pearl St. site.
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