HomeMy WebLinkAbout1997_9_3_Local_Law_No_11 LOCAL LAW 11 - 1997
This Local Law shall be known as the Second 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 to review comments by the Zoning
Board, Planning Board and the general public, and further; to allow
for public hearings for any proposed material amendments to the
ordinance based on the comments and public hearings the moratorium be
extended for a second time for an additional three (3) months from
the expiration date of the extension of September 6, 1997 authorize
by Local Law 1 1997.
Section 2. Findings:
The Town Board of the Town of Mamaroneck authorized a six(6) month
moratorium by Local Law 18 of 1996. Said moratorium was due to
expire on June 6, 1997. By Local Law 7 1997, the moratorium was
extended until September 6, 1997. As stated in the finding section
of Local Law 7 1997, the Town Board during the period of the original
moratorium retained the firm of Ferrandino &Associates Inc. who
prepared draft reports and sample legislation. The report reviews
existing regulations in the Town of Mamaroneck, and of other
municipalities, inventory of existing food related retail
establishments general retail hours and impact analysis. The first
draft was distributed January 23, 1997. A subsequent redraft was
made on April 16, 1997, and a final draft dated May 9, 1997. The
document was then circulated to the County, Zoning Board & Planning
Board and other agencies and commission for comment and review.
During this period, pursuant to the SEQR process, the Town Board
declared itself lead agency. A long form environmental assessment
was completed. No adverse environmental impacts were found and the
Town Board recorded a negative declaration.
Thereafter, public meetings on the ordinance were held with the
Planning Board on June 10, 1997 and with the Zoning Board on July 2,
1997. A public hearing was had on June 18, 1997 at which a number of
citizens and business representatives , addressed the Town Board with
concerns on certain aspects of the ordinance. The public hearing was
adjourned to July 2, 1997 at which time the public continued the
input and requested some issues including but not limited to time of
operation, square footage of certain uses, and definition of certain
uses be further explored.
In order to review these requests and, if necessary, draft
appropriate amendments and, if required, recirculate and renotice for
further public hearings. the Town Board and staff requires an
extension of Local Law 7 1997 for an additional three(3) months from
the expiration date of said Law.
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 (3) months
after the expiration date (September 6, 1997) imposed by Local Law 7
of 1996.
Section 5. Violations:
Any person, firm, entity or corporation that shall violate any of the
provision of this Local Law shall be guilty of violation and upon
such conviction, subject 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 unconstitutional
or invalid by any court of competent jurisdiction, such declaration
of unconstitutionality 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
2
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.
3