HomeMy WebLinkAbout2003_2_26_Local_Law_No_3 LOCAL LAW NO. 3 - 2003
This local law shall be known as the "Moratorium on Development along a
section of the Boston Post Road" Law.
BE IT ENACTED by the Town Board of the Town of Mamaroneck as follows:
Section 1 - Purpose
The Town Board last conducted a study of the Boston Post Road corridor in
1987. Since then considerable development has occurred both in the Town and
in the surrounding communities. Furthermore, the current vacancies of
properties along the Boston Post Road in the vicinity of Weaver Street raise
serious questions as to whether the present zoning encourages the proper
development of this sector of the Town. The Town Board believes that it is time
to revisit the study of the portion of the Boston Post Road corridor lying between
the Villages of Larchmont and Mamaroneck and to enact a moratorium while that
study is in progress.
Section 2 -Amendment
Section 240-83 of the Code of the Town of Mamaroneck hereby is amended by
adding a new paragraph C which reads as follows:
C. (1) This local law shall apply to all properties which border the Boston Post
Road between the Town's boundary with the Village of Larchmont and the Town's
boundary with the Village of Mamaroneck.
(2) This local law shall be in effect until September 4, 2003.
(3) While this local law is in effect,
(A) The Planning Board shall not grant any preliminary or final approval to a
subdivision plat, site plan or special permit for properties described in paragraph
C. (1), but may renew special permits provided that the conditions imposed on
the renewed special permit are the same as the conditions imposed on the
existing special permit.
(B) The Board of Appeals shall not grant any variance or special permit for
properties described in paragraph C. (1).
(4) The Director of Building Code Enforcement and Land Use Administration shall
revoke or rescind any Building Permits or Certificates of Occupancy issued in
violation of this local law.
(5) Any person, firm or corporation that shall violate any of the provisions of this
local law shall be subject to:
(A) Such penalties as may otherwise be provided by the laws, rules and
regulations of the Town of Mamaroneck for violations; and
(B) Injunctive relief in favor of the Town of Mamaroneck to cease such actions
which conflict with this local law and, if necessary, to remove any construction
which may have taken place in violation of this local law.
(6) (A) Should the application of this local law impose an unnecessary hardship
upon the owner of a property described in paragraph C. (1), the owner of that
property or a person acting with the owner's permission may apply to the Town
Board in writing for an exemption from this local law upon submission of proof of
such unnecessary hardship. For the purposes of this local law, the mere delay in
being permitted to make an application for a building permit, variance, special
permit, site plan or subdivision shall not be considered an unnecessary hardship.
(B)Within thirty days after the submission of a written application to the Town
Clerk for an exemption from this local law, the Town Board shall schedule a
Public Hearing on that application and shall publish notice of such hearing at
least 10 days prior thereto in the Official Newspaper of the Town. At the Public
Hearing, the property owner and any other parties wishing to present evidence
with regard to the application shall have an opportunity to be heard. Within thirty
days after closing the Public Hearing the Town Board shall render its decision
either granting or denying the application for an exemption from this local law. If
the Town Board determines that a property owner will suffer an unnecessary
hardship if this local law is applied to a particular property, then the Town Board
shall exempt that property from this local law to the minimum extent necessary.
(C) Any party aggrieved by the determination of the Town Board may challenge
its decision pursuant to Article 78 of the Civil Practice Law and Rules within thirty
days of the filing of the Town Board's decision in the Office of the Town Clerk.
(7) A. All laws, ordinances, rules and regulations of the Town of Mamaroneck are
modified and superseded by this local law with respect to their application to the
properties designated under this local law for the term of this local law.
B. This local law shall modify and supersede, the following provisions of the
Town Law of the State of New York: Sections 267-a, 267-b, 274-a, 274-b, 276, 277,
278, 279, 280, 280-a.
Section 3 - Severability
Should any court of competent jurisdiction declare any provision of this Local
Law invalid or unconstitutional, 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.