HomeMy WebLinkAbout1976_11_03 Town Board Regular Minutes 386
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MINUTES OF A REGULAR MEETING OF THE TOWN BOARD OF THE TOWN OF
MAMARONECK, HELD NOVEMBER 3, 1976, IN THE AUDITORIUM OF THE
WEAVER STREET FIREHOUSE, WEAVER STREET, TOWN OF MAMARONECK.
CALL TO ORDER
The Supervisor called the meeting to order at 8:15 P.M.
ROLL CALL
Present: Supervisor Vandernoot
Councilman Bloom
Councilman McMillan
Councilman DeMaio
Councilman Perone
Absent: None
Also Present: Mrs. Miller - Town Clerk
Mr. Johnston - Town Attorney
Mr. Aitchison - Superintendent of Highways
Mr. DeLuca - Comptroller
Mr. Elfreich - Town Engineer
SUPERVISOR - Not on Agenda
Supervisor Vandernoot introduced Mrs. Ruth Green who presented
to each member of the Board a copy of the Larchmont American
Revolution Bicentennial Committee's Journal and read the special
letter of commendation contained therein.
The presence of several gentlemen representing retired former
members of the Town of Mamaroneck Police Department was acknow-
ledged by Supervisor Vandernoot. Larry McAllister, spokesman,
noted that the group represented 300 years of service to the
Town and in requesting the Board to consider increasing their
pensions, cited the rise in living costs. Mr. Vandernoot re-
plied this item has been discussed by the Board and very serious
consideration is being given to the review of their benefits.
PUBLIC HEARING: Application for Special Permit - Cook's Restaurant
On motion by Councilman McMillan, seconded by Councilman Perone, it
was unanimously resolved that the public hearing be and it hereby
is declared open.
The Clerk presented the Affidavits of Publication and Posting of
Notice of Hearing for the record and following the Supervisor's
review of the request, it was explained that the procedure to be
followed would be to hear first those in favor, then those in oppo-
sition to the application.
Mr. Donald Mazin of Gurwitz & Mazin, representing Mr. Cook, presented
to the Board several exhibits and described the unit in detail,
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drawing particular attention to one of its kind presently at
McDonald's. He further added that there would be no on site
construction, the unit would be noise free, would require no
exterior lighting, and should present no problem to residents
in the immediate area. Mr. Mazin also explained there would
be no significant reduction in parking spaces since only one
space will be lost due to the unit's installation.
Responding to questions from the Councilmen, Mr. Mazin stated
there are no plans for advertising on the unit, but that
screening will probably be provided by the planting of shrubbery
or some type of fencing, and that the unit will be entered at
least once each day for removal of supplies. Mr. Cook added
that deliveries will be made directly to the unit twice per week.
Since no one else wished to be heard in favor, at this time, the
Supervisor presented a memorandum dated September 22, 1976 from
the Planning Board recommending approval if adequate screening
is provided.
Otto Scheuble, 3 Rock Ridge Road, Town, spoke in opposition to
the application and after he cited various sections of the Town
Code and indicated he would appeal if the Board made a favorable
decision, Town Attorney, Mr. Johnston and Councilman Perone clari-
fied Mr. Scheuble's references to the Code which were not relevant
to the application before the Board and they outlined his course
of action if he wished to appeal.
Thereupon, on motion by Councilman DeMaio, seconded by Councilman
Perone, it was unanimously
RESOLVED, that this hearing be and it
hereby is declared closed.
Pursuant to the Supervisor's query as to the Board's pleasure,
on motion by Councilman Bloom, seconded by Councilman DeMaio,
the following resolution was adopted by unanimous vote of the
Board:
WHEREAS, Cook's Restaurant has submitted an
application and accompanying plans
for the installation of an 8' x 18'
outside refrigerator building for
the storage of frozen food to be used
in the restaurant on the site to be
located at the westerly side of 1265
Boston Post Road in the Town of Mamaro-
neck known as Block 412, Parcel 449 on
the Tax Assessment Map of the Town of
Mamaroneck;
and
WHEREAS, the said application and plans are sub-
ject to a Special Permit pursuant to
Article X, Chapter 89, Section 62 of the
Zoning Ordinance of the Town of Mamaroneck;
and
_ WHEREAS, the application has been duly referred to
the Planning Board for study and recommen-
dation;
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and
WHEREAS, a public hearing was duly called by this
Board for this meeting pursuant to the
aforesaid Section of the Zoning Ordinance;
and
WHEREAS, this Board has examined the plans, speci-
fications and application and finds that
the conditions and standards required by
the Zoning Ordinance for Special Permits
have been met;
NOW, THEREFORE, BE IT
RESOLVED, that pursuant to the recommendation of the
Town of Mamaroneck Planning Board, the
application of Cook's Restaurant for a
Special Permit so as to allow for the in-
stallation of a refrigerator unit to be
located at the westerly side of said
property is hereby granted and the Building
and Plumbing Inspector of the Town of Mama-
roneck is authorized to issue a Special
Permit for the installation of said unit
as shown on the plans accompanying the appli-
cation, provided that the proposed installa-
tion conforms in all respects with the Building
Code; the Plumbing Code; and the Zoning Ordin-
ance of the Town of Mamaroneck; (and also
complies with the conditions set forth below
all subject to approval by the Town Building
and Plumbing Inspector and the Town Engineer
and the Town Attorney) :
1. that the proposed installation shall
cause no significant reduction in
parking spaces;
2. that the refrigerator unit be noise free;
3. that no exterior lighting eminate from
the unit;
4. that the unit be used only as a supple-
mental storage area.
5. that deliveries be made directly to the
unit at intervals of twice per week;
6. that a six (6) foot high wooden stockade
fence be placed along the street side of
the proposed building;
and be it further
RESOLVED, that a Building Permit be obtained within a period
of three (3) months from the date of the adoption
of this resolution; that installation be started
within a period of six (6) months and completed
within a period of one (1) year.
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PUBLIC HEARING: Amendment to Code Chapter 75-Taxis, Section 7 -
Schedule of Fares
On motion by Councilman Bloom, seconded by Councilman DeMaio, it
was unanimously
RESOLVED, that the public hearing be and
it hereby is declared open.
The Clerk presented the Affidavits of Publication and posting of
Notice of Hearing for the record.
Supervisor Vandernoot reviewed the aforementioned amendment the
purpose of which is to bring the Schedule of Taxi Fares up to
date. Whereupon since no one wished to be heard either in favor
of or in opposition to the amendment, on motion by Councilman
Perone, seconded by Councilman McMillan, it was unanimously
RESOLVED, that this hearing be and it
hereby is declared closed.
And thereupon in response to the Supervisor's query as to the
Board's pleasure, on motion by Councilman McMillan, seconded
by Councilman DeMaio, the following resolution was adopted by
unanimous vote of the Board:
WHEREAS, this Town Board has met on November 3,
1976, at the time and place specified in the
Notice of Public Hearing to consider amending
the Code of the Town of Mamaroneck, Chapter 75 -
Taxis, Section 7 - Schedule of Fares, and has
heard all persons desiring to be heard thereon;
NOW, THEREFORE, BE IT
RESOLVED, that following the close of said hear-
ing this Board does hereby amend the aforesaid
Chapter in the Code of the Town of Mamaroneck by
increasing the rates of fares to be effective
immediately as follows:
OLD FARES
75-7. Schedule of fares
No greater rate of fare than that stated below
shall be charged for transportation between any
two (2) points in the unincorporated portion of
the Town of Mamaroneck by any licensed vehicle,
viz:
A. From 6:00 a.m. to 8:30 p.m. , between
the New York, New Haven and Hartford
Railroad or Westchester and Boston
Station and any point south of the
Rockingstone in the Woods of Larchmont,
or south of Forest Avenue in Chatsworth
Heights, or south of Fernwood Road and
Sheldrake Creek in the Larchmont Gardens
or west of Weaver Street and Boston Post
Road in Howell Park:
(1) Thirty-five cents ($0.35) for one (1)
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(2) Fifty cents ($0.50) for two (2)
passengers.
(3) Twenty-five cents ($0.25) for
each additional passenger.
B. From 8:30 p.m. to 1:30 a.m. , between
any two (2) points mentioned in 75-7A
hereof:
(1) Fifty cents ($0.50) for one (1)
passenger.
-- (2) Twenty-five cents ($0.25) for
each additional passenger.
C. From 1:30 a.m. to 6:00 a.m. , one dollar
($1.) for one (1) passenger, fifty cents
($0.50) for each additional passenger.
D. From 6:00 a.m. to 8:30 p.m. , between any
two (2) points within the unincorporated
portion of the Town but beyond the dis-
tances enumerated in 75-7A hereof:
(1) Fifty cents ($0.50) for one (1) passenger.
(2) Fifty cents ($0.50) for each additional
passenger.
E. From 8:30 p.m. to 1:30 a.m. , one dollar
($1.) for one (1) passenger, fifty cents
($0.50) for each additional passenger.
F. From 1:30 a.m. to 6:00 a.m. , one dollar and
fifty cents ($1.50) for one (1) passenger,
seventy-five cents ($0.75) for each addi-
tional passenger.
AMENDED FARES
75-7. Schedule of fares.
No greater rate of fare than that stated below shall
be charged for transportation between any two (2)
points in the unincorporated portion of the Town of
Mamaroneck by any licensed vehicle, viz:
A. From 6:00 a.m. to 8:30 p.m. , between
the Railroad Station and any point
south of the Rockingstone in the Woods
of Larchmont, or south of Forest Ave-
nue in Chatsworth Heights, or south of
Fernwood Road and Sheldrake Creek in
in the Larchmont Gardens or west of
Weaver Street and Boston Post Road in
Howell Park:
(1) Seventy-five cents ($0.75) for
one (1) passenger.
(2) One dollar and twenty-five cents
($1.25) for two (2) passengers.
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(3) Twenty-five cents ($0.25) for each
additional passenger.
B. From 8:30 p.m. to 1:30 a.m. , between any
two (2) points mentioned in 75-7A hereof:
(1) One dollar ($1.00) for one (1) passenger.
(2) Fifty cents ($0.50) for each additional
passenger.
C. From 1:30 a.m. to 6:00 a.m. , one dollar and
-- fifty cents ($1.50) for one (1) passenger,
fifty cents ($0.50) for each additional
passenger.
D. From 6:00 a.m. to 8:30 p.m. , between any two
(2) points within the unincorporated portion
of the town but beyond the distances enumer-
ated in 75-7A hereof:
(1) One dollar and fifty cents ($1.50) for
one (1) passenger.
(2) Fifty cents ($0.50) for each additional
passenger.
E. From 8:30 p.m. to 1:30 a.m. , two dollars ($2.)
for one (1) passenger, fifty cents ($0.50)
for each additional passenger.
F. From 1:30 a.m. to 6:00 a.m. , two dollars ($2.)
for one (1) passenger, one dollar ($l.) for
each additional passenger.
and be it further
RESOLVED, that the Town Clerk is hereby authorized and
directed to publish in the official newspaper of the
Town of Mamaroneck, The Daily Times, Notice of the Adop-
tion of the aforesaid amendment and to post same on the
Town Clerk's Bulletin Board as required by law.
PUBLIC HEARING: Adoption of Local Law No. 2-1976 - "Tax Exemption
Reduction Law"
On motion by Councilman McMillan, seconded by Councilman Bloom,
it was unanimously resolved that the public hearing be and it
hereby is declared open.
The Clerk presented the Affidavits of Publication and Posting of
Notice of Hearing for the record and read into the record said
Notice as a point of clarification.
The Supervisor reviewed the State legislation and explained that
the purpose of this hearing is to determine what action will be
taken by this Board relative to the aforesaid legislation, and
outlined the procedure for conducting the hearing, stating that
first those in favor, then those in opposition would be heard
and asked whether any member of the Board wished to speak on
the proposed law.
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A brief discussion ensued in which it was noted that the State
Real Property Tax Law of 1976 would automatically become effec-
tive allowing businesses to obtain exemptions of up to 50% on
taxes in excess of $10,000. if this Board does not enact its
own local law.
Since no one wished to be heard either in favor of or in oppo-
sition to the law, on motion by Councilman McMillan, seconded
by Councilman Bloom, it was unanimously
RESOLVED, that this hearing be and it
hereby is declared closed.
Whereupon on motion by Councilman Perone, who stated that the
tax exemption should be reduced to zero as suggested by the
Town Assessor, seconded by Councilman McMillan, the following
resolution was offered:
RESOLVED, that Local Law No. 2-1976 of the
Town of Mamaroneck relating to the reduction
of the real property tax exemption authorized
by Section 485B of the Real Property Tax Law
and reading as follows be adopted:
"1. Legislative Intent: The purpose of this
Local Law is to provide for the reduction
of the percentum of the real property tax
exemption provided for in Section 485B,
Subdivision 2a of the Real Property Tax Law.
2. Short Title: This Local Law shall hereafter
be known and cited as 'Tax Exemption Reduc-
tion Law. '
3. Definitions: As used in this Local Law,
unless otherwise expressly stated, shall
be as set forth in Section 485B of the
Real Property Tax Law.
4. The Real Property Tax exemption percentage
as set forth in Subdivision 2a of Section
485B of the Real Property Tax Law be and
the same is hereby reduced to zero percen-
tage (0%) .
5. This Local Law shall take effect immediately."
Upon roll call, the vote was as follows:
Supervisor Vandernoot - Aye
Councilman Bloom - Aye
Councilman McMillan - Aye
Councilman DeMaio - Aye
Councilman Perone - Aye
The resolution was thereupon declared duly adopted.
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NEW BUSINESS
1. Presentation of Tentative Budget (Departmental Requests)
for 1977
The Departmental Requests that make up the tentative 1977 budget
were submitted as a part of the record of this meeting by Super-
visor Vandernoot who stated said requests have been officially
filed in the Town Clerk's Office, as required by law, and further
added that the Preliminary Budget will be presented on November 17th,
followed by a public hearing on December lst since the Board ex-
---- pects to adopt the final budget by December 15th.
The Supervisor also explained that the total appropriations in
the Tentative Budget (representing the requests of the depart-
ments) were subject to revision, either upward or downward, by
the Board in preparing the Preliminary Budget. Comptroller Carmine
DeLuca stated that a tentative tax rate would be available by
November 5th and that copies of the Preliminary Budget document
would be ready for distribution by November 8th.
Mr. Vandernoot concluded the discussion by saying that the Board
welcomes suggestions for changes and/or alternatives in the Budget.
THE TOWN CLERK
Regular Reports
The Clerk presented the following reports which were ordered re-
ceived and filed:
Report of the Building and Plumbing In-
spector for the month of October 1976.
Report of the Town Clerk for the month
of October 1976.
THE COUNCILMEN
Mr. Bloom
1. Apportionments
Councilman Bloom presented the following apportionments and on
his motion, which was seconded by Councilman McMillan, the follow-
ing resolution was unanimously adopted:
WHEREAS, the Assessor has presented
petition for the correction of the
assessment roll for certain years
pursuant to the provisions of Sec-
tion 557, Article 16 of the West-
chester County Tax Law;
and
WHEREAS, after due consideration, this
Board finds it desirable to grant said
petition for the correction of said
assessment roll;
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NOW, THEREFORE, BE IT
RESOLVED, that the assessment roll of 1976-77,
second half school taxes of 1976, which shows
property now appearing on the roll as follows:
BLOCK PARCEL OWNER LAND IMPROVE. TOTAL
403 151 Walter Warrington & W. $1,000. ------- $1,000.
403 157 Rose Warrington 4,300. ------- 4,300.
905 3 Walter Warrington & W. 3,000. ------- 3,000.
905 14 Walter Warrington & W. 6,600. $ 3,200. 9,800.
905 24 Rose Warrington 4,300. 10,400. 14,700.
be apportioned as follows in accordance with
the provisions of subdivision 5 of Section 557:
BLOCK PARCEL OWNER LAND IMPROVE. TOTAL
403 151 Rose Warrington $5,300. -----$ 5,300.
403 157 (Merged with Parcel 151) ------- -------- -------
905 3 Joseph Warrington 2,600. -------- 2,600.
905 8 Eugene Warrington 2,600. -------- 2,600.
905 14 Eugene Warrington 4,200. 3,200. 7,400.
905 24 Rose Warrington 4,500. 10,400. 14,900.
and be it further
RESOLVED, that the Assessment Roll of 1976-77
second half school taxes of 1976, which shows
property now appearing on the roll as follows:
BLOCK PARCEL OWNER LAND IMPROVE. TOTAL
206 531 Frederick E. Landmann &W.$12,800. , $20,200.$33,000.
be apportioned as follows in accordance
with the provisions of subdivision 5 of
Section 557 :
BLOCK PARCEL OWNER LAND IMPROVE. TOTAL
206 531 Frederick E. Landmann &W. $6,700. $20,200.$26,900.
206 541 Frederick E. Landmann &W. 6,100. ------- 6,100.
Mr. DeMaio
1. Westchester Council on Alcoholism
Councilman DeMaio stated that the Westchester Council on Alcoholism
is starting an intensive informational and educational program in
the Larchmont-Mamaroneck area aiming to heighten the awareness in
this community of alcoholism and pursuant to his notation that he
serves as Secretary to the organization and his request for the
Board's endorsement and support of this most worthwhile endeavor,
on his motion which was seconded by Councilman Perone, the follow-
ing resolution was unanimously adopted:
WHEREAS, the Westchester Council on Alcoholism
wishes to sponsor a fresh innovative
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approach to the prevention and/or
treatment of alcoholism by estab-
lishing intensive education programs
in the Larchmont-Mamaroneck area;
and
WHEREAS, the goals of the programs will be
to impart accurate information on
alcoholism, change community attitudes
on alcoholism and prevent progression
of alcoholism through intervention and
early treatment of the alcoholic and
his/her family;
NOW, THEREFORE, BE IT
RESOLVED, that this Board, the Town Board of the
Town of Mamaroneck, does hereby endorse
and support the Westchester Council on
Alcoholism's informational and educa-
tional programs on the prevention and/or
treatment of alcoholism in this community.
ADJOURNMENT
And thereupon since there was no further business to come before
the Board, on motion unanimously made and seconded, this meeting,
to reconvene on November 17, 1976, was declared adjourned at
9:09 P.M. in memory of James O'Brien, former Chief of Police of
the Town of Mamaroneck, with a moment of silent prayer observed
for him.
BOARD OF FIRE COMMISSIONERS
The meeting of the Board of Fire Commissioners was convened
immediately upon the adjournment of the Town Board Meeting.
1. Claims
Pursuant to memorandum addressed to the Commission by the Deputy
Comptroller under date of November 2, 1976, herewith presented
and ordered received and filed, on motion by Commissioner Bloom,
seconded by Commissioner Perone, it was unanimously
RESOLVED, that this Commission hereby
authorizes payment of the following Fire
Department claims as approved by the Fire
Chief and audited by the Comptroller's
Office:
Brigante Lawnmowers $ 29.75
Con Edison 25.41
Con Edison 257.12
Dri-Chem Extinguisher Co. 188.50
Dri-Chem Extinguisher Co. 294.95
Excelsior Garage & Machine 316.44
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Exxon Co. , U.S.A. $176.27
Family Food Market 342.83
Fraioli & Quigley 72.00
Henigson's Lumber Co. 16.53
Lawrence Heat & Power Corp. 95.00
The New Rochelle Water Co. 118.16
New York Telephone Co. 314.46
New York Telephone Co. 15.24
Post Lodge Restaurant 2,583.00
William Smith Supplies 65.75
Village Paint Supply Inc. 85.66
Paul Wade 75.00
Westchester Rockland Newspaper 54.60
Westchester Rockland Newspaper 47.70
Total $5,174.37
ADJOURNMENT
There being no further business to come before the meeting,
on motion duly made and seconded, it was declared adjourned
at 9:11 P.M. , to reconvene on November 17, 1976.
To Clerk
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