WHEREAS, on January 23, 2023, the Board of Trustees adopted Local Law 1 of 2023 to enact a temporary moratorium on land use applications for site plan approval, special use permit approval, subdivision approval, variance relief, and building permits pertaining to properties located in the Central Business A-1 District, including in the Central Business A-1 Subarea, subject to certain limitations (the “Moratorium”); and

WHEREAS, the purpose of the Moratorium is to preserve the status quo while the Board of Trustees assesses whether zoning code amendments are necessary to ensure the scope of development permitted in the Central Business A-1 District is appropriate and can be supported by the Village’s infrastructure; and

WHEREAS, the term of the Moratorium is six (6) months following the date the local law was filed with the Secretary of State.  The local law was filed with the Secretary of State on January 30, 2023, and is scheduled to expire on July 30, 2023, unless extended by the Board of Trustees; and

WHEREAS, the Moratorium allows property owners to file an application with the Board of Trustees requesting an exemption from the provisions of the Moratorium; and

WHEREAS, 444 Associates LLC (the “Applicant”) is the owner of property located at 444 Bedford Road and 109-111 Wheeler Avenue within the Central Business A-1 District (hereinafter collectively referred to as the “Property”); and

WHEREAS, on November 30, 2022, the Applicant submitted an application for site plan, resubdivision and architectural approval for a proposed mixed-use development consisting of 36 apartment units and approximately 2,145 s.f. of commercial space (the “Development Application”); and

WHEREAS, the Applicant appeared at a Planning Commission meeting on January 11, 2023, prior to the moratorium being enacted and gave a presentation regarding the Development Application; and

WHEREAS, prior to that date, the Applicant informally presented preliminary design drawings of the proposed development to the Planning Commission at its September 28, 2022 meeting; and

WHEREAS, on March 8, 2023, the Applicant submitted a written application to the Board of Trustees requesting a hardship exemption from the provisions of the Moratorium; and

WHEREAS, on March 27, 2023, the Applicant made an initial presentation to the Village Board regarding the application requesting a hardship exemption; and

WHEREAS, a public hearing was held with respect to the Application for a hardship exemption on April 10, 2023 at which time the Applicant made a presentation in support of the Application and all members of the public were given an opportunity to comment with respect to the Application; and

WHEREAS, pursuant to the terms of the Moratorium, it is the Applicant’s burden to demonstrate that the Moratorium will cause them to suffer severe financial or economic hardship that is directly caused as a result of the Moratorium; and

WHEREAS, the Applicant has asserted that the Property is experiencing economic hardship because at the current level of occupancy it is experiencing negative cash flow; that the age of the building on the Property and economic market are causing significant problems; and given the current market conditions, the pending application is the only viable use of the Property; and

WHEREAS, the Applicant further asserts that each day the Moratorium is in effect exacerbates this hardship; and

WHEREAS, the Village Board has carefully considered the evidence and submission presented by the Applicant and by members of the public; and

WHEREAS, the proposed review of the Application is a Type II Action pursuant to the New York State Environmental Quality Review Act (SEQRA) and no further environmental review is required.

NOW, THEREFORE, BE IT RESOLVED, that the Village Board finds as follows:

·         The financial evidence and data submitted by the Applicant indicate that the Property is suffering significant financial hardship.  However, it is the determination of the Village Board that the financial hardship is the result of market conditions that have existed for a number of years due to the loss of Applicant’s anchor tenant at the Property – Chase Bank, and the current general economic and commercial real estate market conditions.

·         The Applicant’s evidence and data demonstrate that the financial hardship did not begin with, arise out of or relate to the adoption of the Moratorium in any manner.

·         The Applicant has not submitted evidence demonstrating or otherwise explaining how the financial hardship the Applicant is currently suffering at the Property was caused by or is otherwise a direct result of the adoption of the Moratorium.

·         While the Moratorium does prevent the Planning Commission from issuing a determination on the Development Application, the Moratorium does not preclude the Applicant from proceeding with review of the Development Application before the Planning Commission so that when the Moratorium expires or is terminated, the Applicant can immediately seek a determination from the Planning Commission provided all information necessary for such determination has been fully submitted and vetted.

NOW, THEREFORE, BE IT FURTHER RESOLVED, that based on the foregoing findings, the Applicant’s Application seeking an exemption from the Moratorium is hereby denied.