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HomeMy WebLinkAbout2006_04_24 Town Board Minutes 1 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. 1 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: “§175-12. 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 2 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 F:\\Documents\\Minutes\\2006F\\04-24-06.Specmtgx.Doc 3