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Restaurant owner told ZBA landlord must document rights to tunnel storage before special-permit renewal
Summary
At a March 6 ZBA hearing, Anthony Russo of Modern on the Rails sought renewal and extension of a special permit; the board asked him to provide written documentation or have his landlord appear to show rights (lease or license) for storage of tables in a Metro-North tunnel, and continued the hearing to April.
Anthony Russo, who identified himself as an owner of Modern on the Rails, told the Zoning Board of Appeals the business is seeking both a renewal of its special permit and an extension of time to file because the prior three-year permit lapsed. "I would like a permanent special permit," Russo said, adding that interruptions from COVID and flood events contributed to missed filing timelines.
Board members focused discussion on a separate operational matter: stacked tables and chairs stored inside a pedestrian tunnel adjacent to the railroad tracks that Russo said the landlord authorized them to use. The ZBA noted the permit historically covered the restaurant interior and permitted outdoor seating only as specified in plans; the tunnel storage had not been specified and raised pedestrian-access and property-rights questions.
The chair and other board members asked Russo to secure a letter from his landlord and a copy of any lease portion or written agreement that demonstrates the landlord’s right to control or use the tunnel area in question. "If the landlord can do it in writing, that would be fine," the chair said. Members suggested the landlord appear at the next meeting or provide the lease excerpt; if documentation is not satisfactory, the board said it may continue the application again.
The ZBA continued the hearing to its next meeting (early April), allowed the restaurant to continue operating under existing permit conditions while the documentation is gathered, and invited Russo to appear virtually if travel is difficult.
Speakers quoted (first reference): Anthony Russo (owner, Modern on the Rails); Chair (ZBA).
