Proposed Land Usesand Projects

SECTION IV

PROPOSED LAND USESAND PROJECTS

SECTION IVPROPOSED PROJECTS AND ALTERNATIVES

This LWRP does not contemplate any large-scale changes to existing land uses and patterns or any rezoning recommendations. In 2008, the Village adopted the first phase of a Comprehensive Plan, which resulted in several significantzoning changes, including new floor area ratios (FARs), expansion of uses in the manufacturing (M-1) zone and elimination of the Village’s local environmental review law.

Rather than such Village-wide changes, this section of the LWRP focuses on specific projects and alternatives in the immediate waterfront and harbor areas. Theseproposed projects and alternativesare intended to enhance public use and enjoyment of the Mamaroneckwaterfront area, maintain and enhance the environmental quality of this area and strengthen the Village's ability to manage them in the public interest. The recommended projects are also established to advance the Village's policies outlined in Section III.

1.PROPOSED LANDUSES

The proposed land and water uses recommended for the Village of Mamaroneck are illustrated on Figure IV-1, Future Land Use Plan. Because this LWRP does not propose any significant changes to land use patterns, the Future Land Use Plan was derived from the existing zoning map and current land use. It is not intended to describe the proposed land use pattern on a parcel-by-parcel basis; rather, it is a broad expression of the range of uses intended for the Village. Because the Future Land Use Plan largely stems from current zoning, no changes to Mamaroneck’s regulatory framework (e.g. zoning and subdivision regulations) are proposed.

Anticipated future uses within Mamaroneck area are described below under six general land use categories.

a.Parks, Open Space and Public Access

As Figure IV-1 illustrates, park and open space areas within Mamaroneck generally correspond with existing public and private open spaces, such as Village parks and private nature preserves and trails. The existing beach clubs, which constitute restricted quasi-public open space, are also indicated within this category as marine recreational uses.

Insert Figure IV-1: Future Land Use Plan

The primary change to indicated open space within the Village is Hampshire Country Club, which, as described in Section II, is a local Critical Environmental Area (CEA). The property is also largely within a floodplain and contains several small ponds and wetland areas. These aspects, together with the club’s proximity to Long Island Sound, contribute to its environmental significance. Currently, the Hampshire Country Club is zoned R-20, which has traditionally functioned as a “holding zone” in the Village of Mamaroneck (the Village’s parks are also zoned R-20). The draft Comprehensive Plan currently under consideration by the Village Board of Trustees recommends rezoning this property – potentially to a public recreation zone or a lower-density residential zone that would promote cluster development – to preserve Hampshire Country Club to the greatest extent possible. The draft Comprehensive Plan also recommends exploring a rezoning of the Village’s parks and major open spaces from R-20 to a zone that better reflects their use. Because zoning changes to Hampshire Country Club and other parks and open spaces are already contemplated in the existing draft Comprehensive Plan, this LWRP does not specifically recommend them. However, these zoning changes would be consistent with the policies and projects presented in this LWRP.

The other changes to open space as illustrated by the Future Land Use Plan are discussed more fully in Section 2, below, and involve the provision of new or enhanced public open space. Such recommended open space recognizes the limitations of a built-out community such as Mamaroneck, while taking advantage of opportunities for limited and targeted open space in concert with existing land uses.

b.Residential

The primary land use in Mamaroneck is, and continues to be envisioned by the Future Land use Plan, residential (particularly single-family residential). The residential areas shown on the map reflect long-established neighborhoods in the Village, and the intent of this LWRP is to encourage and strengthen the existing distinct character of Mamaroneck’s neighborhoods. Residential areas shown on the Future Land Use Plan generally correspond to existing zoning: single-family areas are typically indicated for R-20, R-15, R-10, R-7.5, R-6 and R-5 zones, while one to four family areas are shown for R-2F and R-4F zones, and multifamily areas are indicated for RM-1, RM-2 and RM-3 zones.

c.Mixed Use

Recognizing the particular character of Mamaroneck’s downtown core, the Future Land Use Plan recommends a mix of uses for much of the area along Mamaroneck Avenue between the Boston Post Road (U.S. Route 1) and Columbus Park, as well as along Old White Plans Road between the Metro-North railroad tracks and I-95. Within this mixed-use area, a variety of residential, commercial and office uses are proposed. The intent is to promote traditional urban neighborhoods that have a mix of uses; are pedestrian-oriented; and provide for a diverse public to live, learn, work and play. It should also be noted that the mix of commercial and residential uses in Mamaroneck’s downtown area has allowed for significant development of affordable housing within the Village.Between Boston Post Road and the railroad tracks, this indicated mixed-use area generally encompasses the area that is currently zoned C-2, as well as the small RM-SC zone that corresponds to the Mamaroneck Towers senior citizen residences. North of the railroad tracks, the indicated mixed-use area includes properties that are currently zoned M-1, R-4F, RM-3 and O-1/RM-3/C-1. The mixed-use areas indicated on the Future Land Use Map are intended to be consistent with each of these zoning designations.

d.Commercial

As illustrated on Figure IV-1, two areas are generally designated as commercial areas:much of the entire portion of Boston Post Road that lies within the Village, and the portion of Mamaroneck Avenue between Columbus Park and I-95. This designation recognizes that these commercial areas, which are primarily zoned as C-1, contain more auto-intensive uses, including shopping centers, auto dealerships, offices and convenience stores. The Future Land Use Plan contemplates that these areas will continue to represent the main commercial spines both for the Village and for adjoining municipalities. This category also includes several marine commercial uses, which correspond to existing marinas and boatyards that are currently zoned MC-1 or MC-2.

e.Community Services

The community services uses shown on the Future Land Use Map reflect the major municipal and religious institutions in Mamaroneck: schools, libraries, municipal buildings and large religious uses. Because the map is not designed to be parcel-specific, not every existing community services use is indicated on Figure IV-1; however, this LWRP supports the continuation of these institutional uses as consistent with the policies in Section III and with Mamaroneck’s Comprehensive Plan. Smaller-scale religious and municipal uses may be encompassed in areas that are shown on the Future Land Use Plan as residential, mixed-use or commercial, because the small institutional uses are compatible with each of these other types of land uses.

f.Light Industrial/Transportation/Utilities

The light industrial area shown on Figure IV-1 is largely consistent with the current M-1 zone, which is Mamaroneck’s only industrial zone. Land use in the industrial area is predominantly commercial and light manufacturing, including auto-repair shops, garages, wholesale businesses, trucking operations and more recently the addition of some hi-tech uses. Historically, the area also included a significant residential population, which over time has been replaced by non-residential uses. The M-1 zone prohibits residential uses, so existing residential uses are grandfathered non-conforming uses. Recently, the industrial area has experienced growth in non-industrial uses that require large building footprints, such as indoor sports facilities and home improvement showrooms. Recognizing this trend, in 2010, the Village Board of Trustees adopted revisions to the zoning code that allowed for home improvement design centers and indoor recreation facilities in the M-1 zone.

The M-1 zone currently contains significant portions of vacant land. In recent years, the economic downturn has decreased the viability of industrial buildings, prompting some property owners to replace them with parking lots or other temporary uses. Further exacerbating this issue is the fact that much of the industrial area lies within a floodplain and has been subject to major flooding. The Village’s draft Comprehensive Plan promotes the continued support of Mamaroneck’s industrial area, while recognizing that further study is required to determine whether the entire area remains viable for industrial use. The draft plan identified Hoyt Avenue as a potential candidate for a rezoning to residential use, given its vacancy rate and proximity to the train station. As the economy improves and vacant and temporary uses in the M-1 zone are replaced, the Village should monitor the long-term trends of the industrial area. Portions of the area may be migrating to commercial and mixed uses that may be more consistent with economic realities, surrounding uses and conditions on the ground. In addition, conversion of portions of the M-1 zone to non-industrial use may promote overall improvement in environmental conditions, and more particularly the provision of new or expanded public access to the Sheldrake River. The Future Land Use Plan is not intended to prevent any such natural transition to non-industrial uses in the industrial area, so long as it is consistent with the policies contained in Section III and with the Village’s other land use policies and regulations.

Also included within this overall land use category are transportation and utility uses, which are shown on Figure IV-1 as the Village’s roadway system, major parking lots and the County sewage treatment facility on Boston Post Road.

B.PROPOSED PROJECTS

The following section describes a set of site-specific and programmatic projects which will be or are being implemented to improve the Village’s LWRP area.This section is not intended to anticipate all projects that would further the goals of the LWRP; other future projects may develop that could also improve the LWRP area.

1. Compliance with SEQR

During development of this LWRP, the issues surrounding the LWRP boundary, jurisdiction and procedure of consistency review were discussed extensively. There is a need to clarify the relationship between LWRP consistency review and the State Environmental Quality Review Act (SEQRA), and how that relationship affects the timing and process of development applications within the Village.

The current local law requires that actions designated either Type I or Unlisted under SEQRA must receive consistency approval from the Harbor and Coastal Zone Management Commission (HCZMC), in addition to whatever other land use determinations may be required by the Planning Board and Zoning Board of Appeals. For actions that require consistency approval from the HCZMC, Chapter 240-30(A) of the Village Code requires that a certificate of consistency determination be filed within 30 days of the filing of the coastal assessment form or within the time allowed for comments under SEQRA. However, this 30-day requirement is contrary to the SEQRA regulations. According to Section 617.3 of these regulations, “No agency involved in an action may undertake, fund or approve the action until it has complied with the provisions of SEQR.” In understanding this requirement, it is helpful to understand the difference between a lead agency and an involved agency, as defined by SEQRA. According to Section 617.2 of the SEQRA regulations,

“Involved agency” means an agency that has jurisdiction by law to fund, approve or directly undertake an action. If an agency will ultimately make a discretionary decision to fund, approve or undertake an action, then it is an “involved agency,” notwithstanding that it has not received an application for funding or approval at the time the SEQR process is commenced. The lead agency is also an “involved agency.”

“Lead agency” means an involved agency principally responsible for undertaking, funding or approving an action, and therefore responsible for determining whether an environmental impact statement is required in connection with the action, and for the preparation and filing of the statement if one is required.

For the vast majority of land use approval actions in Mamaroneck, the lead agency role would fall to the Planning Board (for site plan, subdivision, wetland permit, floodplain development and some special permit applications), the Zoning Board of Appeals (for variances and some special permit applications) or the Board of Trustees (for adoption of zoning code revisions, master plan and LWRP updates). These boards, acting as lead agency, carry out the SEQR process to its completion. However, for Type I and Unlisted actions that are undergoing coordinated review, the HCZMC is an involved agency. Thus, based on Section 617.3 of the SEQRA regulations as discussed above, for all Type I and Unlisted actions that require consistency review by the HCZMC, the HCZMC, as an involved agency, may not “undertake, fund or approve the action,” i.e. issue consistency determination, until the action has completed the SEQR process.

Clearly, Chapter 240-30(A) of the Village Code is in conflict with the SEQRA regulations, and should be revised, particularly given that it is not currently followed in practice. This LWRP recommends that Chapter 240-30(A) be modified to require that a certificate of determination regarding LWRP consistency shall be filed within a 30-day period from satisfaction of the provisions of the State Environmental Quality Review Act (SEQRA). (See Section V for the draft text of the proposed change).

1. Alternatives Concerning LWRP Consistency

In addition, the requirement that Type I and Unlisted actions receive consistency review in addition to other discretionary land use actions often creates a situation whereby applicants often must go before all three boards for a single application, resulting in substantial redundancy and confusion.

The Village’s contract with the Department of State’s Division of Coastal Resources for updating the LWRP included a provision that the Village would explore alternatives concerning the LWRP boundary and/or jurisdiction. Therefore, three options were presented at the first LWRP public workshop in March 2011.

• The first option would reduce the LWRP boundary to the area east of Boston Post Road (Route 1). This option would be largely consistent with the approach taken by the Village of Port Chester and the City of Rye in their LWRPs, which were completed subsequent to the Village of Mamaroneck’s. The argument for a boundary change is that, at the time of the creation of Mamaroneck’s original LWRP in 1984, the Village had no master plan or harbor management plan to control development, nor did it have wetlands or stormwater regulation laws in place to address flooding and related environmental issues. Thus, it made sense for the original LWRP to include the entire Village of Mamaroneck, given that the LWRP was the sole mechanism to govern land development and address key environmental concerns. However, this is no longer the case; the Village has completed a master plan, harbor management plan and several other planning efforts, and has also enacted wetlands and stormwater management regulations. There are some areas of the Village that have little or no physical relationship to the waterfront, and subjecting them to the LWRP consistency requirement may be unnecessary and cumbersome. However, retaining the LWRP boundary as the entire Village would recognize that land development activities occurring on sites away from the immediate waterfront can have potentially significant impacts on the coastal area, such as non-point source pollution from stormwater runoff.

• A second option would retain the existing LWRP boundary to include the entire Village, but would change the jurisdictional procedure for consistency review. For waterfront land parcels, the HCZMC would continue to determine LWRP consistency. However, for all remaining parcels within the Village, the Planning Board would make the consistency determination. Thus, the entire Village would continue to be subject to the LWRP policies, with the only change being which board determines whether applications are consistent. This option would significantly streamline many applications in the Village, and reduce confusion concerning the LWRP consistency process. This would allow most applicants to remain before one land use board during the approval process. It is the option recommended by the Village Engineer and the Village Buildings Department.

• A third option presented was the no-action alternative, with no change to either the LWRP boundary or the jurisdiction of consistency determination.

Based on feedback at the first public workshop, the LWRP update committee determined that any change to the LWRP boundary was not adequately supported, and this option would not be pursued. Upon further discussion with the committee, a total of four jurisdictional options for LWRP consistency determination were presented to the Board of Trustees in July 2011, as follows: