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HomeMy WebLinkAbout1997_5_21_Local_Law_No_7 LOCAL LAW NO. 7 - 1997 This Local Law shall be known as the Extension of the Temporary Moratorium on the Establishment of new food-related retail uses, Expansion, and or Addition, and/or Extension of all Food-Related Retail Establishments and Extended Hours of Operation and 24 Hour Operation of Retail Establishments. Section 1. Intent: The Town Board of the Town of Mamaroneck hereby determines that in order to provide adequate time for review by the various Boards and agencies of the Town of Mamaroneck and County and State, public discussion of any and all proposed legislation and compliance with all local and state rules regulations and laws as to the moratorium be extended for an additional three (3) months from the expiration of the six (6) month moratorium authorized by Local Law 18 of 1996. Section 2. Findings: The Town Board has during the term of the moratorium, retained the firm of Ferrandino & Associates Inc. which has prepared draft reports and sample legislation which discusses the review procedure of existing regulations in the Town of Mamaroneck, review of other municipalities, inventory of existing food related retail establishments general retail hours and impact analysis. The first draft was distributed January 23, 1997. The final draft is dated April 16, 1997. The Town Board and staff have reviewed and re-reviewed and commented. Amendments have been incorporated in the draft and the legislation. Circulation of the final draft to the Zoning Board, Planning Board and all other agencies deemed appropriate by the Town Board and State and local law will be made at the May 7, 1997 Town Board meeting. The Town Board will declare itself lead agency under the State Environmental Quality Review Act commencing the process, where public input will be solicited as mandated by the public hearings require- ments. The Town Board finds that in order to affect a thorough and complete review of the proposed legislation, including, but not limited to the environmental impact and community input, an extension of Local Law 18 of 1996 for three months from the expiration date of said Law is required. Section 3. Regulation: A. During the effective period of this Local Law, as provided herein, no permits, variances, special use permits or site plan approvals will be issued for any establishment of new food- related retail uses, expansion, extension and/or addition to any food-related retail establishment in the Business District or the Service Business District. B. No retail establishment may extend its usual hours of operation. Section 4. Duration of Moratorium: This moratorium shall be in effect for a period of three months after the expiration date (June 6, 1997) imposed by Local Law 18 of 1996. Page 2 Section 5. Violations: Any person, firm, entity or corporation that shall violate any of the provision of this Local Law shall be guilty of a violation and upon such conviction, to a penalty of up to $500.00 for each violation of the moratorium. Section 6. Severability: Should any provision of this Local Law be declared unconstitu- tional or invalid by any court of competent jurisdiction, such declaration of uncon- stitutionality shall not affect the validity of any other provision of this Local Law. Section 7. Superseding: A. All laws, ordinances, rules and regulations of the Town of Mamaroneck are hereby modified and superseded by this Local Law with respect to their application to this subject matter of this Local Law for the term of this Local Law. B. This Local Law shall modify and supersede, with respect to its application and for the term of this Local Law, the following provisions of the Town Law of the State of New York Sections 138, 267-a, 274-b, 276, and 277. Section 8. Hardship: A. Should any owner of property affected by this Local Law suffer an unnecessary hardship in the way of carrying out the strict letter of this Local Law, then the owner of said property may apply to the Town Board in writing for a variation from strict compliance with this Local Law, upon submission of proof of such unnecessary hardship. For the purposes of this Local Law unnecessary hardship shall not be the mere delay in being permitted to make application for a building permit, a variance, special permit, site plan, wetlands permit, or subdivision during the pendency of this Local Law. B. Procedure. Upon submission of a written application to the Town Clerk by the property owner seeking a variation of this Local Law, the Town Board shall, within 30 days of receipt of such application, schedule a Public Hearing on said application upon five days written notice in the official newspaper of the Town. At said Public Hearing, the property owner and any other parties wishing to present evidence with regard to the application for a variation from the strict requirements of this Local Law shall do so. If the Town Board determines that a property owner will suffer unnecessary hardship of this Local Law, to the minimum extent necessary to provide the property owner relief from strict compliance with this Local Law, shall grant such relief. C. Any party aggrieved by the determination of the Town Board on an application for a variation from the strict compliance with this Local Law may appeal said decision to the Supreme Court, State of New York, Westchester County, pursuant to Articles 78 of the Civil Practice Laws and Rules within 30 days of the filing said decision in the Office of the Town Clerk. Section 9. Effective Date: The Local Law shall take effect immediately upon filing with the Secretary of State.