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Zoning board grants late renewal for Studio 50, approves extension of filing time
Summary
The Mamaroneck Zoning Board of Appeals voted Dec. 5 to treat the late filing for Studio 50 (102 Mamaroneck Ave) as a renewal and granted an extension of time so the 2018 special permit could be renewed. The board asked staff to formalize a consistent process for future late renewals.
The Village of Mamaroneck Zoning Board of Appeals voted Dec. 5 to grant an extension of time and approve the renewal of the special permit for Studio 50, a neighborhood fitness studio at 102 Mamaroneck Avenue.
The decision followed an oral request from the applicant’s attorney, Jeff Meagan, who told the board the renewal was late because the business closed and focused on survival during the COVID-19 pandemic. “Based upon special circumstances and COVID, we request the time to apply be extended so this application thereby becomes a renewal,” Meagan said.
The board’s chair and several members expressed concern that the permit technically had expired (the original special permit was issued for three years), and discussed whether past practice of treating similar late filings as renewals created an inconsistent precedent. A number of members said staff had previously sent renewal notices for other expired permits, and that the board needed a clear, consistent administrative process going forward. One member asked staff to put a process item on a future agenda for a comprehensive review.
Michelle Gross, the proprietor who operates Studio 50, apologized for the late filing and said the business temporarily closed during the pandemic and has only recently resumed normal operations. “I’m really sorry. I wish I had just done it on time,” Gross said during the hearing.
After deliberations, the board voted to grant the applicant an extension of time to file the renewal application and then voted to approve the renewal of the special permit with that extension in place. Staff agreed to add a whereas clause documenting the extension in the formal resolution and to notify other permit holders of any new procedural requirements going forward.
The board did not change the conditions from the prior approval beyond adding the extension: the permit’s hours and operating conditions remained as written in the 2018 resolution, and the applicant must comply with those conditions. The board also asked staff to put discussion of a uniform renewal/extension process on the next meeting agenda.
The extension and renewal were adopted by voice vote; the board appointed a secretary to sign the resolution.
The board closed the public hearing on Dec. 5 and recorded the approvals in a written resolution to be finalized and circulated by staff.
