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Larchmont Village Board Tackles Two Construction Issues:
1. The Moratorium on Building Variances
2. The New Noise Restrictions

by Judy Silberstein

The Board is seeking comments:
Letters to the Editors
Forums

( July 16 ) Village of Larchmont board members are grappling with two thorny construction issues: permissible size and permissible noise. At their regularly scheduled meeting on July 15, the Board concluded that something needed to be done immediately, but they had not yet found an acceptable solution for either problem. In the interim, they settled on temporary solutions: a six month moratorium on granting of any building variances for home additions that encroach on front, side or back yard boundaries and a new ordinance curtailing the hours in which homeowners or contractors may use power tools and machinery.

The Moratorium on Building Variances: This month's decision on the variance moratorium follows the Board's June 17 discussion on a proposed change to the zoning laws which would have added new, detailed limits on the size of additions and their relationships to neighboring property lines. At the June 17 meeting and since, homeowners and architects serving Larchmont have been pointing out flaws in the draft proposal. Mayor Ken Bialo displayed a thick file of letters commenting on the issue and Trustee Mike Wiener laughingly commented that to comply with some of the provisions of the scrapped proposal, people would have to make "negative additions" to their homes.

In putting aside the June 17 concept and substituting the moratorium, Mayor Bialo said of the Board, "We're nothing if not fast learners." Trustee Chris Verni praised the moratorium and called it "reasonable, clean and very understandable."

The new provision will not apply to any projects currently under consideration by any of the Village land-use committees: the Planning Commission, Board of Architectural Review or Zoning Board. If a homeowner has already registered with the Village an intent to build, that project will not come under the moratorium. Further, the ordinance will not be in place until the Secretary of State acknowledges it has been filed, probably within the next few days.

A number of residents, including Bruce and Joan Macfarlane and Walter Bogner, rose to the microphone to praise the notion of the moratorium and to reiterate the need for limiting the impact of new construction on neighboring properties.

However, realtor Ruth Brause cautioned the Board that any constraints on building might impact resale values in a community where relatively small houses are being sold at very high prices to buyers who expect to build significant additions to their new homes. These buyers might look elsewhere if they are not allowed to expand.

Architect Jim Fleming reminded the Board, "Larchmont is the original McMansion community." From the beginning, Larchmont Manor allowed numerous large houses on small lots and many large, three story-homes or hotels close to small one-story cottages.

A copy of the law is available here: Local Law#4-02-Moratorium.

Residents are encouraged to comment, via Letters to the Editor or the Forum.. All Board members receive individual "copies" of the Gazette's weekly updates and the Gazette will also forward to the Board all Letters to the Editors or comments in the Forums

The New Noise Restrictions: The new limits on construction noise would add to the Village ordinances on noise. Larchmont already limits the hours in which noisy activities occur: Activities generating noise above 70 decibels are allowed only between 8 a.m. and 10 p.m. The new ordinance, as drafted by Trustee Chris Verni, would further limit outdoor use of power tools or construction machinery. These noisy devices would be allowed only between 8 a.m. and 7 p.m. on Monday through Friday, between 9 a.m. and 6 p.m.on Saturday and between 10 a.m. and 5 p.m. on Sunday. Power tools would be allowed if operated indoors.

Trustee Verni acknowledged the difficulties in balancing neighbors' interest in quiet with homeowners' interests in working on their homes, particularly on the weekends. Trustees Liz Feld and Marlene Kolbert pointed out that the issue concerned neighbor relations. Feld commented, "As we've heard people aren't behaving as politely as they could." Nevertheless, Feld was not satisfied with the details of the proposed ordinance.

Acknowledging flaws in the proposal, Mayor Bialo nonetheless called for passing it immediately so that the Village would have some control over the large public construction projects soon to begin at the Train Station and around Flint Park. Village Engineer Joe Morgan confirmed that the "notice to proceed" on Westchester County's "SSO" project had been issued earlier in the day. This gives the contractors exactly 730 days to complete work on the project that will entail extensive work in the Park and on nearby streets.

The map, produced by the engineering firm of Blasland, Bouck and Lee, shows the areas that will be impacted. Click on the map for a larger view.

construction path The tank itself will be in the current leaf composting area at the Back of Flint Park. The pipes leading to the tank will go from the pumping station at Flint and Willow Avenues, down Flint Avenue to Shore Place, and from there to Shore Drive and into Flint Park. Construction vehicles will enter the Park via Locust Avenue.

Mayor Bialo expressed concern that contractors under time pressure would schedule noisy work during any permissible hours, including weekends, early mornings and evenings. Village Attorney Jim Staudt confirmed that the Board could pass the ordinance immediately and then change it at the next Board meeting or at some other point.

A copy of the new law is available here:Local Law #5-02 Construction Hours.

The Board is looking for comments and suggestions on the noise issue. Larchmont Gazette will forward to the Board all Letters to the Editors or comments in the Forums.

 


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