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WPCNR THE ZONING NEWS. By John F. Bailey. January 6, 2004: During the Public Hearing on the Bobker Group proposal to build two 10-story condominiums in the RM 0.35 Zone on Hale Avenue at Maple Avenue, Councilwoman Rita Malmud closely queried Bobker spokesman, Bill Null, on exactly what the zoning ordinance states regarding height and number of stories on that site. WPCNR examined the Book of White Plains Zoning Codes for the area and has discovered that the zoning appears to be quite clear.

THE ELUSIVE CITY OF WHITE PLAINS ZONING BIBLE: Available in the Building Department and the Public Library, and in the hands of all six councilmen, the new revised Zoning Ordinance is a prized possession, reportedly, hard to obtain for one’s personal library, according to persons who have spoken to WPCNR. Photo by WPCNR News.

To set the dramatic moment for you, under consideration was consideration of a Special Permit which would allow The Bobker Group to build two 10-story condominiums on the site . When presented in work session, the Common Council appeared to have no particular problems with this. Consequently an ordinance was drawn up and presented for the 10-story projects, possibly for a vote Monday evening.

 

 

ZONING CODE FOR HALE AVE LAID BARE. Photos of Official City of White Plains Zoning Ordinance by WPCNR News.

 

 

Mr. Null in his presentation advanced the position that the zoning ordinance RM 0.35 for the two corners stated that the maximum height was six stories or 125 feet, and he interpreted this to mean that the number of stories could vary upward from six, as of right,  as along as height did not exceed 125 feet.

 

The Bobker Zone: RM-0:35, shown in center of Zoning Map. Street running through center of Map is Maple Avenue. Photo of Official Zoning Map by WPCNR News.

 

Ms. Malmud, (who has been looking at White Plains zoning since 1990), prior to the meeting had consulted the up-to-the-minute zoning book ordinance (last revised in May 2002), which to her mind read quite differently.

 

The Clause “n” interpeting the height and story requirements states the number of stories as 6n, and maximum height as 125 feet. Clause n reads: “The number of “stories” may be increased within the maximum “height” as measured in feet, with a “front yard” of not less than 20 feet, on inssuance of a special permit by the Common Council.”

 

 

 

She rejected Mr. Null’s interpretation of the ordinance to mean that a developer could build up to a height of 125 feet and vary the number of stories from six. Ms. Malmud pointed out that the maximum number of stories according to RM 0.35 Zoning, clause n,  was to be 6 stories up to a maximum height of 125 feet, with a special permit required if more stories were proposed.

 

The Council also sent The Bobker Group back to consult with the neighbors on the issues of how the buildings would present to the neighborhood.

 

The Legal Department declined to comment on Null’s contention, saying it was “under review.”

 

The Maple Avenue Easing

 

WPCNR has gained a clearer understanding of the  zoning change allowing  an easement to The Bobker Group to construct underground parking within the 20 foot setback alongside Maple Avenue.

 

The zoning ordinance passed Monday evening, allows The Bobker Group and developers of the Maple Avenue and DeKalb parcel to tunnel under the 20 foot setback and sidewalk along Maple Avenue, while reserving the city’s right to widen Maple Avenue in the future, perhaps to create a turning lane, according to the WPCNR source.

 

Minerva Maneuverings

 

In another zoning matter involving 7 Minerva Place, and the expanison WPCNR has received clarification that the ordinance passed was to withdraw a previous ordinance amending an ordinance offered at the November meeting creating a “Mini-Storage Use,” and, in its place instead create a new zoning classification, that of “Mini-Storage Use,” which determines a smaller parking ratio for that use, instead of the “industrial” ratio left in effect by the previous classification.

 

On the amendment to the Zoning Map to re-zone 7 Minerva place to Light Industrial, that matter has been kept open while the Commissioner of Planning, Susan Habel, works out a plan relating to combining establishment of affordable housing in that area related to the USA Storage facility expansion proposed. The proposal is a work in process at this time.

WPCNR MILESTONES. From a WPCNR Correspondent. January 6, 2004: Westchester artist Alton Tobey died Tuesday after a long illness. Tobey was internationally well known for his paintings, and was creator of the “Roots of Westchester” mural at the County Court House in White Plains, as well as a respected teacher and benefactor to many Westchester County non-profit organizations.

Services will be held on Friday, Jan. 7 at 11:30 a.m. at the Zion Memorial Chapel, 785 East Boston Post Road in Mamaroneck, New York.

    Death occurred just a month after a party was held for him at the Sarah Neuman Center in Mamaroneck where he was residing to celebrate his 90th birthday and the launch of a  website about his life showing over 400 of his paintings and his detailed illustrated biography  at www.altontobey.org.



    In lieu of flowers, contributions may be made to the fund established by the Mamaroneck Artist Guild to nurture and encourage young artists: The Alton S. Tobey Scholarship Fund, c/o Mamaroneck Artist Guild; 2120 Boston Post Road; Larchmont, NY 10538. Make check payable to MAG and notate “Tobey Fund” in the memo section.


    
      Those who wish may leave messages of condolence to the family by email here that will be posted to a special page on his website at a future date.

            Tobey was publicly best known for his murals, which he called “symphonies of painting”. They were the first works for which he achieved national acclaim after graduating and teaching art at Yale University. Today, his murals grace the halls of the Smithsonian Institution in Washington DC; The MacArthur Memorial in Norfolk, VA., The Intrepid Sea Air Space Museum in New York and dozens of other public buildings throughout the world.


    
           Tobey was a distinguished historian and art educator, and served on numerous non-profit organizations, where he regularly donated his time and talents. He held the office of president in The National Society of Mural Painters, Artist”s Equity of New York and The Mamaroneck Artist”s Guild, and was the recipient of many art awards including the WPA Murals Award, The Edwin Abbey Mural Award, The Lindner Memorial Award; and others from Grumbacher, The Westchester Society and The Westchester Council for The Arts, to name a few.


    
           His dedication to research, science and history spawned a career as an illustrator for LIFE Magazine, 350 paintings for The Golden Books History of the United States, and for paintings in dozens of other books and periodicals. In a May 1976 feature article in American Artist magazine, Tobey”s historical paintings were described as works of “loving accuracy,” and Tobey as an artist of “…insatiable curiosity, diligent investigation, well developed powers of visualization, and consummate craftsmanship.”


    
            Although his historical work recreated thousands of figures from the past; Tobey also did many portraits of his contemporaries. His Brothers United, of John F. and Robert Kennedy; and his Apollo II Astronauts were made into prints and were loved and collected by millions worldwide. On portraits, Tobey said: “In creating a portrait of someone – whether painted, sculpted, drawn or photographed, we must look carefully to catch that particular unique [personal] quality. In fact, we can neglect nothing.” Many of his other works were reproduced in both limited and open editions by Scafa Tournabene, The Franklin Mint, Royal Doulton and other art print and collectibles publishers.


    
            As a Modernist painter, he was a founder of the Curvilinear School of painting based upon the theories of Albert Einstein. He had dozens of one-man exhibitions of his Curvilinears, his Fragments paintings, and his dimensional conceptual works in museums and galleries both locally and internationally. Over 400 of his paintings from every period of the six decades of his work, and a detailed illustrated biography of Tobey are on his website, launched just this past November to celebrate his 90th birthday, at www.altontobey.org.