HomeMy WebLinkAbout2005_5_4_Local_Law_No_7 Local Law No. 7 - 2005
This local law shall be known as the "Recodification, Reconciliation and Clarification of Local Law
No. 20-2003 and Local Law No. 5-2004" Law.
BE IT ENACTED by the Town Board of the Town of Mamaroneck
Section 1 - Purpose:
Certain sections of the zoning ordinance were amended by two local laws enacted within a short
time period of each other. The enactment of the second law on the heels of the first resulted in
some overlap in section numbers. This local law eliminates the overlapping. It also makes
changes to the text which are meant to elucidate or to improve upon the language of Local Law
No.20 -2003 and Local Law No. 5 - 2004. Finally, this local law removes those parts of the
existing law which have become surplus as a result of those two local laws.
Section 2 - Recodification and amendment of a current section of the Code of the Town of
Mamaroneck:
Section 240-89 of the Code of the Town of Mamaroneck hereby is repealed and the following
substituted in its place:
§240-89. Board of Appeals
A. Supersession.
Portions of section 267 (11) of the New York Town Law hereby are superseded. Words enclosed
in brackets are eliminated therefrom. Italicized words are new matter added thereto. Section 267
(11) of the New York Town Law, as superseded below, shall apply in the Town of Mamaroneck.
"Section 267
11. Alternate members. (a) A town board may, by local law or ordinance, or as a part of the local
law or ordinance, or as part of the local law or ordinance creating the [zoning] board of appeals,
establish alternate [zoning] board of appeals member positions for purposes of substituting for a
regular member in the event such member is absent or is unable to participate because of a
conflict of interest. Alternate members of the [zoning] board of appeals shall be appointed by
resolution of the town board, for terms established by the town board.
(b) The chairperson of the [zoning] board of appeals [may] shall designate [an] the alternate
member to substitute for a regular member when such member is absent or is unable to
participate because of a conflict of interest [on] with respect to a[n application or] matter before
the board. The town board shall establish the procedure for making that designation. When [so
designated, the] an alternate member sits in the place of a regular member, the alternate
member shall possess all the powers and responsibilities of such regular member of the board.
Such designation shall be entered into the minutes of the [initial zoning] board of appeals
meeting at which the substitution is made.
(c) All provisions of this section relating to [zoning] board of appeals member training and
continuing education, attendance, conflict of interest, compensation, eligibility, vacancy in office,
removal, and service on other boards, shall also apply to alternate members."
B. Procedures.
The Board of Appeals shall follow the rules and procedure set forth in New York Town Law §267-
a; however, it shall have the power to adopt from time to time such rules and procedure not
inconsistent with law, as may be necessary, to carry out the provisions of this chapter and to
exercise the authority vested in it by the New York Town Law.
C. Procedures Regarding Alternate Members
(1) An alternate member shall substitute for a regular member of the Board of Appeals who
is absent or is unable to participate in a matter due to a conflict of interest. If the number of
alternate members exceeds the number of regular members who either are absent or have a
conflict of interest with respect to a particular matter, the Chairperson of the Board of Appeals
shall designate the alternate member who will substitute for the absent regular member or the
regular member with a conflict of interest. If the Chairperson is absent or is the member with the
conflict of interest, the longest-tenured regular member of the Board of Appeals shall make this
designation.
(2) If an alternate member participates in a matter before the Board of Appeals, the alternate
member shall possess all the powers and responsibilities of the regular member whom the
alternate member shall have replaced. If an alternate member participates in a matter due to the
absence of a regular member and at a subsequent meeting at which that same matter is heard,
the regular member for whom the alternate member substituted is present, the regular member
shall resume the position as a regular member of the Board of Appeals in connection with that
matter.
D. Powers and duties. The Board of Appeals shall have all the powers and duties prescribed by
the New York Town Law and by this chapter. None of the following provisions shall limit any
power conferred upon the Board of Appeals by the New York Town Law.
(1) Interpretation. On appeal from an order, requirement, decision or determination made by the
Director of Building Code Enforcement and Land Use Administration, the Board of Appeals shall
decide any question involving the interpretation of any provision of this chapter, including
determination of the exact location of any district boundary line if uncertainty remains after
referring to the rules specified in Article II.
(2) (a) "Use Variance" shall have the same meaning as it has in New York Town Law §267.1 (a)
(b) On appeal from an order, requirement, decision or determination of the Director
of Building Code Enforcement and Land Use Administration regarding the application of this
chapter, the Board of Appeals may grant use variances from the applicable zoning regulations
and restrictions upon a showing by the applicant for such variance that the applicable zoning
regulations and restrictions have caused unnecessary hardship. In determining whether the
applicant has proven unnecessary hardship, the Board of Appeals shall apply the criteria therefor
set forth in section 267-b 2.(b) of the New York Town Law.
(c) When granting use variances, the Board of Appeals shall grant the minimum variances that it
deems necessary and adequate to address the unnecessary hardship proven by the applicant,
while at the same time preserving and protecting the character of the neighborhood and the
health and welfare of the community.
3. (a) "Area Variance" shall have the same meaning as it has in New York Town Law §267
1. (b).
(b) On appeal from an order, requirement, decision or determination of the Director of Building
Code Enforcement and Land Use Administration regarding the application of this chapter, the
Board of Appeals may grant an area variance to an applicant from the applicable zoning
regulations and restrictions. In determining whether the applicant is entitled to an area variance,
the Board of Appeals shall apply the criteria therefor set forth in section 267-b 3(b) of the New
York Town Law.
(c) When granting area variances, the Board of Appeals shall grant the minimum
variances that it deems necessary and adequate while at the same time preserving and
protecting the character of the neighborhood and the health, safety and welfare of the
community.
E. Imposition of Conditions
When granting either use variances or area variances or both, the Board of Appeals shall have
the authority to impose such reasonable conditions and restrictions as are directly related to and
incidental to the proposed use of the property. Such conditions shall be consistent with the spirit
and intent of this chapter, and shall be imposed for the purpose of minimizing any adverse
impact such variances may have on the neighborhood or community.
F. Availability of Statutes
The Director of Building Code Enforcement and Land Use Administration shall maintain copies of
sections 267-a, 267 1. (a), 267 1. (b), 267-b 2. and 267-b 3 of the New York Town Law and shall
distribute them upon request.
Section 3 -Amendment of an existing section of the Code of the Town of Mamaroneck:
Section 240-90 of the Code of the Town of Mamaroneck hereby is repealed and the following
substituted in its place:
§240-90. Appeals.
All appeals to the Board of Appeals shall be taken in the manner and within the time prescribed
by section 267-a 5 (b) of the New York Town law. All such appeals shall be in writing, on forms
prescribed by the Board. Each appeal shall set forth the facts of the case, refer to the specific
provision of the ordinance involved and contain the reasons why the appeal ought to be granted.
Every decision of the Board of Appeals shall recite the findings on which the decision was based.
Section 4 - Recodification and amendment of a current section of the Code of the Town of
Mamaroneck
Section 240-95 of the Code of the Town of Mamaroneck hereby is repealed and the following is
substituted in its place:
§240-95 Powers of the Planning Board; Procedures Regarding Alternate Members.
A. Supersession.
Portions of section 271 (15) of the New York Town Law hereby are superseded. Words enclosed
in brackets are eliminated therefrom. Italicized words are new matter added thereto. Section 271
(15) of the New York Town Law, as superseded below, shall apply in the Town of Mamaroneck.
"Section 271
15. Alternate members. a. A town board may, by local law or ordinance, or as part of the local law
or ordinance creating the planning board, establish alternate planning board member positions
for purposes of substituting for a regular member in the event such member is absent or is
unable to participate because of a conflict of interest. Alternate members of the planning board
shall be appointed by resolution of the town board, for terms established by the town board.
b. The chairperson of the planning board [may] shall designate [an] the alternate member to
substitute for a regular member when such member is absent or is unable to participate because
of a conflict of interest [on] with respect to a[n application or] matter before the board. The town
board shall establish the procedure for making that designation. When [so designated the] an
alternate member sits in place of a regular member, the alternate member shall possess all the
powers and responsibilities of such regular member of the board. Such designation shall be
entered into the minutes of the [initial] planning board meeting at which the substitution is made.
c. All provisions of this section relating to planning board member training and continuing
education, attendance, conflict of interest, compensation, eligibility, vacancy in office, removal,
and service on other boards, shall also apply to alternate members."
B. Procedures.
The Planning Board shall have the power to adopt from time to time such rules and procedure
not inconsistent with law, as may be necessary to exercise the authority granted to it.
C. Procedures Regarding Alternate Members
(1) An alternate member shall substitute for a regular member of the Planning Board who is
absent or is unable to participate in a matter due to a conflict of interest. If the number of
alternate members exceeds the number of regular members who either are absent or have a
conflict of interest with respect to a particular matter, the Chairperson of the Planning Board shall
designate the alternate member who will substitute for the absent regular member or the regular
member with the conflict of interest. If the Chairperson is absent or is the member with the
conflict of interest, the longest-tenured regular member of the Planning Board shall make this
designation.
(2) If an alternate member participates in a matter before the Planning Board, the alternate
member shall possess all the powers and responsibilities of the regular member whom the
alternate member shall have replaced. If an alternate member participates in a matter due to the
absence of a regular member and at a subsequent meeting at which that same matter is heard,
the regular member for whom the alternate member substituted is present, the regular member
shall resume the position as a regular member of the Planning Board in connection with that
matter.
D. Powers.
The Planning Board shall have all of the powers and duties heretofore granted to or imposed
upon it by the Town Board.
Section 5 - 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 6 - Effective Date:
This Local Law shall become effective upon filing with the Secretary of State.
2005 LL (Recodification Corrections LL No.20-2003) F-appvd 050405