HomeMy WebLinkAbout2006_04_24 Town Board Minutes
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MINUTES OF THE SPECIAL MEETING OF THE TOWN BOARD OF
THE TOWN OF MAMARONECK HELD ON APRIL 24, 2006 AT 5:45
PM IN CONFERENCE ROOM A OF THE TOWN CENTER, 740 W.
BOSTON POST ROAD, MAMARONECK, NEW YORK
PRESENT:
Deputy Supervisor Phyllis Wittner
Councilman Ernest C. Odierna
Councilman Paul A. Winick
ALSO PRESENT:
Stephen V. Altieri, Town Administrator
Mary Stanton, Assistant to the Administrator
ABSENT:
Supervisor Valerie M. O’Keeffe
Councilwoman Nancy Seligson
CALL TO ORDER
The Deputy Town Supervisor called the meeting to order at 5:45 PM. William Maker, Town
Attorney was patched into the meeting by speaker phone.
Public Hearing — Establish a Moratorium on Illuminated Signs
Deputy Supervisor Wittner indicated that the purpose of the meeting was to hold a public
hearing to consider establishing a moratorium on illuminated signs in the Town. The Town
Administrator distributed the public notice of the hearing and indicated that the Town Clerk
published the notice April 12 in the Journal News. The public hearing notice was then placed
into the record:
PLEASE TAKE NOTICE, that a Public Hearing will be held by the Town Board of
the Town of Mamaroneck on Monday, April 24, 2006 at 5:15 PM in Conference
Room A, of the Town Center, 740 W. Boston Post Road, Mamaroneck, New York to
consider the adoption of a local law entitled “Moratorium on Illuminated Signs.”
Purpose
The Town Board is concerned about the potential proliferation of brightly
illuminated signs within the Town’s business and industrial districts. The Board
intends to study ways in which such lighting can be controlled without creating an
undue economic burden upon the Town’s commercial enterprises. To prevent the
erection of new illuminated signs while the Board studies the matter, a short
moratorium on the erection of such signs must be enacted.
The full text of this Local law may be examined and copies obtained at the Town
Clerk's office during regular hours (Monday through Friday, 8:30 AM to 4:30 PM,
or until 4:00 PM during June, July and August) at 740 W. Boston Post Road
Mamaroneck, New York
PLEASE TAKE FURTHER NOTICE that at the Public Hearing all persons interested
will be given an opportunity to be heard and that all persons are invited to submit
written comments at or prior thereto.
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April 24, 2006
The notice was also published on the Town of Mamaroneck website calendar. The Deputy
Supervisor called for a motion to open the public hearing.
On motion by Councilman Winick and Second by Councilman Odierna it was unanimously,
Resolved, that the Public Hearing to consider establishing a moratorium on the erection of
illuminated signs be opened.
The Town Attorney explained that due to the number of illuminated signs installed in recent
months, the Town Board wished to study the matter and consider further regulations on
illuminated signs. By having a moratorium in place, no further illuminated signs could be
erected while the matter is studied by the Town Board, as the drafted the local law would
establish a moratorium on the erection of illuminated signs through June 30, 2006.
The Deputy Supervisor called for any comment from the public on this item. There being no
one from the general public in attendance, there was no comment.
On motion by Councilman Winick and second by Councilman Odierna, the Town Board
unanimously voted to close the public hearing.
Councilman Odierna wished clarification as to whether during the moratorium any type of
illuminates sign could be installed. The Town Attorney indicated that no illuminated signs
could be installed while the moratorium was in effect.
The Town Attorney indicated that the Town Board must make a finding under SEQR.
On motion by Councilman Winick and second by Councilman Odierna it was unanimously,
Resolved that the adoption of the proposed local law
regarding the establishment of a moratorium on illuminated
signs is declared to be a Type II action under the New York
State Environmental Quality Review Act and that no further
environmental review is necessary.
On motion by Deputy Supervisor Phyllis Wittner and seconded by Councilman Odierna, the
following local law was adopted:
Local Law No. 6 - 2006
This local law shall be known as the “Moratorium on Illuminated Signs” Law
BE IT ENACTED by the Town Board of the Town of Mamaroneck
Section 1 – Purpose:
The Town Board is concerned about the potential proliferation of brightly illuminated signs
within the Town’s business and industrial districts. The Board intends to study ways in which
such lighting can be controlled without creating an undue economic burden upon the Town’s
commercial enterprises. To prevent the erection of new illuminated signs while the Board
studies the matter, a short moratorium on the erection of such signs must be enacted.
Section 2 --- Repeal and replacement of a current section of the Code of the Town of
Mamaroneck:
Section 175-12 G. of the Code of the Town of Mamaroneck hereby is repealed and the
following substituted in its place:
Ҥ175-12. Illuminated signs.
G. The erection or installation of illuminated signs after the effective date of this law shall not
be permitted in the Town of Mamaroneck. This prohibition on illuminated signs shall expire on
June 30, 2006. The Board of Architectural Review is stayed from considering any application
for the erection or installation of illuminated signs. In addition to being subject to prosecution
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April 24, 2006
pursuant to Section 175-16, the Town shall be entitled to injunctive relief requiring any person,
firm, corporation or limited liability company that violates this paragraph to comply with the
provisions of this paragraph.”
Section 3 – Severability:
Should any provision of this Local Law be declared invalid or unconstitutional by any court of
competent jurisdiction, such declaration of unconstitutionality or invalidity shall not affect any
other provisions of this Local Law, which may be implemented without the invalid or
unconstitutional provisions.
Section 4 – Effective Date:
This Local Law shall become effective upon filing with the Secretary of State.
The above resolution was put to a roll call vote:
Winick - Aye
Seligson - Absent
Odierna - Aye
Wittner - Aye
O’Keeffe - Absent
ADJOURNMENT
There being no further business to come before the Town Board the meeting was adjourned at
6:20 PM.
Submitted by
_________________________________
Patricia A. DiCioccio, Town Clerk
Prepared by:
Stephen V. Altieri, Town Administrator
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