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Developer appeals Larchmont moratorium

After fervent public backlash resulted in the passage of a moratorium on certain residential developments in Larchmont, a formal appeal filed by the developer of an iconic Ocean Avenue property seeks to bypass the village’s timeout.

The letter to the village, dated Feb. 3, specifically cites several reasons for the developer’s appeal, including sentiments that the moratorium was designed specifically to hinder the 40 Ocean Ave. project.

Now, the developer, KOSL Building Group, who feels that they have been singled out by the moratorium, is asking for the village to waive the moratorium so the project—demolishing the existing home, subdividing the land and constructing four new ones—can proceed.

The prospective developer of Larchmont’s iconic 40 Ocean Ave. home has appealed a moratorium which put a pause on the demolition and creation of subdivision of village residences. File photo
The prospective developer of Larchmont’s iconic 40 Ocean Ave. home has appealed a moratorium which put a pause on the demolition and creation of subdivision of village residences. File photo

“It is apparent from the community opposition to the project… the media articles regarding the project, and the timing of the moratorium law… that the village board enacted the moratorium law in direct response to the project,” the appeal reads.

Additionally, the appeal claims that the developer has experienced “undue hardships” as a result of the moratorium; specifically in regard to financial resources which have gone toward planning for the project.

According to Susan Emery, the chairperson of the Century Homes Club in Larchmont—a group affiliated with the Larchmont Historical Society that protects older homes—Larchmont’s monitoring of the demolition of historic structures is one that predates the movement to save 40 Ocean Ave.

“I first met with [the] mayor about this two years ago,” Emery said. “I think that people have been worried about this kind of change, and 40 Ocean [Ave.] is just the tipping point.”

Mayor Anne McAndrews, a Democrat, said the moratorium, which was passed by the village board in January, acts as a “timeout,” in which the village will use its time—up to six months—to evaluate its current zoning laws and how they reflect the will of residents and the village board.

What the zoning law may look like after the board has had a chance to mull it over, however, remains to be seen. The village has contracted an outside planner, Richard Preiss, who will aid in helping Larchmont’s land use boards develop laws consistent with the wishes of residents and the village.

According to McAndrews, in early March, the village will convene a meeting where residents will be able to discuss their thoughts on Larchmont’s zoning code.

The clock will also be ticking for the board to render a decision on whether or not it will waive the terms of the moratorium—which carries into July—specifically for the 40 Ocean Ave. project. The appeal states that a decision must be reached within 30 days after the appeal is filed, which gives the board until March 3 to make a final decision.

McAndrews said that she expects to reach a verdict in time.

“We’re being vigilant in this situation,” she said.

A representative from the KOSL Building Group could not be reached for comment.