HomeMy WebLinkAbout1972_09_06 Town Board Minutes MINUTES OF A REGULAR MEETING OF THE TOWN BOARD OF THE TOWN
OF MAMARONECK, HELD SEPTEMBER 6th, 1972, IN THE COUNCIL ROOM
OF THE WEAVER STREET FIREHOUSE, WEAVER STREET, TOWN OF MAMARO-
NECK.
CALL TO ORDER
The Supervisor called the meeting to order at 8:15 p.m.
ROLL CALL
Present: Supervisor Helwig
Councilman Faiola
Councilman Vandernoot
Councilman Bloom
Councilman White
Absent: None
Also Present: Mr. Gronberg - Town Clerk
Mrs. Brewer - Deputy Clerk
Mr. Johnston - Town Attorney
Mr. Aitchison - Highway Superintendent
Mr. Altieri - Comptroller
Mr. Elfreich - Town Engineer
APPROVAL OF MINUTES
The minutes of the regular meeting of August 2nd, 1972 were
presented and on motion duly made and seconded, approved as
submitted.
PUBLIC HEARING - Application for Special Permit
Frank Micelli
On motion by Councilman Vandernoot, seconded by Councilman Bloom,
it was unanimously
RESOLVED, that the public hearing be and it hereby
is declared open.
The Supervisor outlined the procedure for the hearing stating that
the Clerk would read into the record for the information of those
present first the Notice of Hearing and second the report of the
Planning Board to which the application had been referred pursuant
to Section 432 of the Zoning Ordinance; following which those in
favor of the application would be heard, then those in opposition.
Whereupon the Clerk read the Notice and Planning Board Report
as follows:
Notice of Hearing
Please Take Notice that a public hearing will be held
by the Town Board of the Town of Mamaroneck on the 6th
day of September 1972, at 8:15 p.m, in the Council Room
or Auditorium of the Weaver Street Firehouse, Weaver
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Street and Edgewood Avenue in the Town of Mamaroneck,
pursuant to Article IV, Section 432 of the Zoning
Ordinance of the Town of Mamaroneck, for the purpose
of considering the application of Frank Micelli for a
Special Permit to construct a building to be located on
property on the east side of Valley Place and known as
Block 131, Parcels 36, 40 and 45 on the Tax Assessment
-- Map of the Town of Mamaroneck, for storage and mainten-
ance of his own contractor's equipment, and for leasing a
portion of said building and land for the storage and
maintenance of school buses.
Plans and Specifications for this construction can be seen
at the office of the Building Inspector of the Town of
Mamaroneck between the hours of 9:00 a.m. and 4:30 p.m. ,
except Saturdays and Sundays. These premises are located
in a B (Business Zone) which provides that garages which
include facilities for servicing and repair may be permitted
subject to a Special Permit issued by the Town Board, and
shall meet the requirements of the Zoning Ordinance with
respect to Article IV, Section 432.
Please Take Further Notice that all persons at said
public hearing will be given an opportunity to be heard.
Report of Planning Board
Subject: Special Permit for Block 131, Parcels 36,
40 and 45 Valley Place
The Planning Board met at a regular meeting on July 12,
1972 and a special meeting on August 1st, 1972 to dis-
cuss the above-mentioned subject.
At this time the Planning Board recommends approval to
the Town Board of the request for special permit for
a public garage and facilities for the above-mentioned
properties subject to the following conditions:
1) That adequate provision be made for waste
oil storage similar to that in gasoline
service stations;
2) That adequate provision be made for disposal
of waste water from washing of the equipment;
and
3) That adequate provision be made for off street
parking for all employees.
The Supervisor then asked if anyone present wished to address
the Board in favor of the application whereupon Francis A.
Auleta, Esq. spoke as attorney for the applicant stating that
his client, Mr. Frank Micelli, was a contractor who needed the
proposed structure for the storage and servicing of his own heavy
equipment, and also in the interest of today's economy with its
sky-rocketing taxes, to rent a portion of the building and adjacent
premises for the storage and servicing of school buses. He stated
that his client was willing to abide by any conditions the Board
might care to impose and that the building would be in harmony
and also in tune with the zoning of the property across the street
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located in New Rochelle which was zoned M-1 for light manufacturing.
He pointed out that Mr. Micelli had been granted a variance by the
Zoning Board for the construction of a building for storage and
maintenance of his own equipment, but that the request for permis-
sion to rent a portion thereof for the storage and maintenance of
school buses had been withdrawn therefrom by that Board upon advice
that this part of the application required a special permit which
could be granted only by the Town Board. Hence, he said, this
application which if it were approved, would constitute an improve-
ment to the neighborhood and benefit the Town as well by increasing
the assessment roll.
Councilman Bloom stated that as far as he was concerned, the recom-
mendations set forth in the Planning Board's report using the word
"adequate" were inadequate since he would have no idea of what was
or would be considered "adequate!'. He stated, for example, that
before voting approval of this application he would need to know
what was "adequate" as to a tank for the storage of waste oil --
what was adequate for the disposal of waste water with detergents,
whether through storm drains or dry well -- and what would be
"adequate" in either case.
Questions raised as to the size and number of buses, the hours of
operation (whether servicing would be indoors or outdoors) , and the
provision of off-street parking were answered as follows : the
number and size of the buses to be accommodated not definite; the
business would operate in daylight hours only with servicing to be
indoors, and sufficient off-street parking would be provided.
A statement from the City of New Rochelle pertaining to several of
these items addressed to the Board under today's date and hand
delivered to the Clerk this afternoon was herewith read into the
record as follows :
"The City of New Rochelle has no objection to the
request for a Special Permit for the construction of
a building on the west side of Valley Place (Block 131,
Parcels 36, 40 and 45) for the storage and maintenance
of contractors ' equipment and school buses, providing
the following conditions are met:
1. There is adequate provision for the storage of
waste oil similar to that required for gasoline
service stations.
2. There is adequate provision for the disposal of
waste water and surface drainage.
3. There is adequate provision for off-street park-
ing for all employees.
4. There is no on-street parking of buses.
5. That Valley Place will be used for ingress and
egress to the storage area.
6. That buses will be prohibited from using Plain
Avenue and Pleasant Street.
Thank you for your interest and cooperation."
With regard to the foregoing statement, the Supervisor asked
whether the Town could prohibit the use of streets not in its
own jurisdiction which was answered by the Town Attorney in the
negative.
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'V:
The Supervisor then asked whether anyone present wished to be
heard in opposition whereupon the following persons addressed the
Board:
Mr. A. Bruce MacDonald - 21 Jochum Avenue
Mr. MacDonald stated that he was not speaking either in favor of
of in opposition to the application but rather wished to ask some
questions. He explained that he was very much concerned as a
resident of the Pinebrook area and as one who for the past several
years had been deeply involved and worked with the Federal, State
and County as well as local governments in trying to find the source
of the oil which has destroyed fish and animal life in the Premium
River and Marshlands. These investigations had led to various in-
dustrial establishments located in the Fifth Avenue area which had
discharged oil through drains from there into the marshland area;
two of the violators being a construction company and a school bus
garage. He pointed out that though this was known, the Town did
not have the enforcement personnel to stop these violations. There-
fore, he said, to grant this application would, even though the
requirements to install necessary holding facilities were met, in
all probability result in even greater degradation of the Premium
marsh conservation area; it would be a far wiser course, he felt, to
prevent another possible problem arising in this Valley Place area.
He respectfully requested that before action was taken, the matter
be brought to the attention of the Conservation Advisory Committee.
Although the immediate neighbors of this proposed construction had
voiced no objections at a Planning Board hearing, the ecological
impact of such a business transcends the immediate neighborhood
because those who may suffer often live not in the immediate
vicinity but farther down along the Premium River and in the area
bordering the Premium Mill Pond.
Also heard was Mr. Lawrence Lowey, speaking for LIFE, stating that
in view of the existing problems in locating sources of oil pollution,
-- he would like to bring to the attention of this Council that, if it
approved this application, it would be adding one more possible
source of pollution. Should such pollution appear, he said, everyone
would be pointing a finger at everyone else and he inquired what
steps the Town could take to prevent such happening.
The Supervisor asked whether the Town had sufficient legislation to
prosecute, to which the Attorney replied that the Town had power,
if the source could be traced definitely, to get to court in half
a day and obtain an injunction stay. The difficulty, he said, being
to get the necessary proof of the source.
Mrs. Elizabeth Lehman of C.E.Q. and Life Center spoke to a letter
and enclosures addressed by her to the Supervisor under today's
date as herewith read into the record:
"For the past two years G.E.Q. , other local citizens and
the Conservation Advisory Committee have been trying to
trace the source of a persistant .oil slick in the Premium River
and Mamaroneck Conservation area in Premium Marsh.
Our investigations have led us to various sources, all of
them industrial establishments, all located along the
storm drain which passes through New Rochelle in the
vicinity of Fifth Avenue, under Valley Place, opening
under the Boston Post Road into the Premium Marsh area.
The most blatant violators of ordinances designed to
prevent the discharge of oil into storm sewers have been
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two: a construction company and a school bus garage.
The former has used the storm drain for waste oil
coming from bulldozers and trucks, the latter for
the detergent run-off from washing buses, sometimes as
many as 50. The attached letters from the Federal
Environmental Protection Agency to the businesses in
question illustrate the kind and magnitude of the
problem. Unfortunately the problem has not stopped
with warnings from the government, either Federal or
local although it has improved somewhat.
— Unfortunately, too, the existence of holding tanks
and ordinances requiring their use do not prevent
individuals from using storm sewers. There are two
large garages on Fifth Avenue in the Town of Mamaroneck
who have holding tanks, yet we find persistent oil in
the catch basin in front of one of them. A witness has
stated privately that he has seen an employee of one of the
garages dump oil from a waste drum into the catch basin
but it has been impossible to obtain an affidavit or photo-
graphs to back up this statement. Our Town does not have
the enforcement personnel to stop such violations.
Therefore, we wish to point out at this evening's hear-
ing, that permission granted to bring buses and construc-
tion equipment to Valley Place, even with requirements to
install necessary holding facilities, may in all probability
result in even greater degradation of the Premium Marsh
conservation area and noxious odors to residents all along
the drain who have been complaining incessantly to Town and
Village of Mamaroneck engineers. Unless we have a person who
can regularly inspect the commercial establishments along
the drain and who has legal power to enforce ordinances,
--- we cannot expect individual workmen who work for the estab-
lishments in question-.to take anything but the easiest
way out. We have personally witnessed an employee of
Shore Transportation on Sharot Street, New Rochelle,
hosing detergent-laden water down the storm drain and
telling us when we asked why, "But that dirty water only
drains into Long Island Sound". What is needed is a
cement washing area with a drain leading into a sanitary
sewer so that the water will be treated at the sewage
treatment plant. The detergent in that water can remove
the protective oil from a duck's feathers. Furthermore, the
Environmental Protection Agency informs us that while petrol-
eum wastes violate State water quality standards, there are
as yet few standards for other chemical substances including
detergents. It would seem a far wiser course to prevent
the possible problem on Valley Place than to try to rectify
a bad situation later. This has been our experience over
the past two years.
Before acting on this application, therefore, may we respect-
fully request that the matter be brought to the attention of
the Conservation Advisory Committee. Immediate neighbors in
the Valley Place area apparently voiced no objections at a
Planning Board hearing. The ecological impact of such a
business, however, transcends the immediate neighborhood
because those who may ultimately suffer live not in the
immediate vicinity but farther down along the Premium
River and in the area bordering the Premium Mill Pond."
Addressed to --
Enclosure - Miceli Brothers and Shore Transportation
by Attorney - Enforcement Division E.P.A.
"This office has received a complaint from the New Rochelle
Citizens for a Better Environment that your operations are
responsible for the discharge of waste oil into the storm
sewers of the City of New Rochelle. This complaint further
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alleges that this oil discharge makes its way, by
means of the City's storm sewer system, into Premium
Brook, a navigable water of the United States.
Our investigation of this situation reveals that this
discharge would violate an ordinance of the City of
New Rochelle which prohibits the discharge of any petrol-
eum products into the storm sewer system. This discharge
would also violate State water quality standards which
prohibit the discharge of visible amounts of oil into
the waters of the State of New York. We would, therefore,
strongly urge your company to work closely with City and
State authorities to abate this pollution as soon as
possible.
Should the environmental hazard now allegedly caused by
your operations not be abated within the near future, the
United States Environmental Protection Agency will conduct
a field investigation of this situation with a view towards
possible Federal enforcement activity against your company.
We would, however, hope for your complete cooperation in
this matter, since it is only with the full assistance of
business organizations such as yours that the Environmental
Protection Agency can hope to solve the problems of our
environment. If you have any questions about this matter,
please do not hesitate to call me at Area Code 212-264-1192. "
Dr. C. Alan Mason - 482 Weaver Street
Dr. Mason stated that there were specific special building restric-
tions for construction in connection with tanks for storage of oil
and waste water in flood plain areas and asked whether the plans
for this building complied with those restrictions? The Supervisor
stated that she did not believe this was a flood plain area but
that this would be rechecked.
Mrs. Mary Ann Johnson - 17 Pryer Lane
Mrs. Johnson advised the Board that she was present at the request
of Mr. Thomas Amlicke, Chairman of the Conservation Advisory Com-
mittee, and stated that she felt the application needed further
study. She also said she would like to offer a suggestion - namely
that some effort be made toward establishing communication with
the Conservation Advisory Committee in the case of all applications
for Special Permits concerning environment which policy would be in
line with the direction coming from the State and County relating
to impact on environment.
In replying to Mrs. Johnson, the Supervisor stated that this had
been the Town's policy in general for some time but that perhaps
further thought should be given to establishing a more definite
procedure.
Councilman Faiola in briefly summarizing the discussion said he
believed there were three major problems before the Board in
connection with this application -- 1st, that the word"ladequate"
in the provisions set forth by the Planning Board was inadequate;
2nd, that sufficient off-street parking must be provided; and 3rd,
that facilities for the storage and disposition of waste oil,
gasoline, and waste water containing detergents from all washing
of vehicles on washing racks be provided so as to meet with the
approval of the environmental groups and so as to not permit any
leakage or drainage that could in any way contribute to further
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pollution of the Sound, and he then recommended that the
application be approved and permit granted if the foregoing
stipulations were incorporated therein to the satisfaction of
the Building Inspector and Town Engineer.
Councilman Bloom remarked that providing definitive conditions
regarding storage tanks, dry wells, drainage, off-street parking,
etc. , to the satisfaction of the Building Inspector and Town Engineer
left a few things to be done. Further, he said, he did not feel that
any further policy was needed for referral of applications to the
Conservation Advisory Committee since this was already the case wherever
- - an application pertained to lands neighboring conservation areas.
Mrs. Johnson agreed but emphasized that if any application which
might affect the environment even though the land was not near a
conservation area, was referred to the Conservation Advisory Committee,
the Town in the future might be afforded protection through prevention.
And thereupon since no one else wished to be heard, on a motion offered
by Councilman Faiola and seconded by Councilman Bloom, it was unani-
mously
RESOLVED, that the hearing be and it hereby is
declared closed.
The Supervisor then inquired as to the Board's pleasure, whereupon
Councilman Faiola moved that the application be approved subject to
the conditions hereinabove set forth. This motion was seconded by
Councilman Bloom and the following resolution thereupon adopted by
unanimous vote:
WHEREAS, Frank Micelli has submitted an application for
a Special Permit to construct a building to be located
on property on the east side of Valley Place known as
Block 131, Parcels 36, 40 and 45 on the Tax Assessment
Map of the Town of Mamaroneck for the storage and main-
-- tenance of his contractor equipment and to lease a
portion of the said building and land for the storage
and maintenance of school buses;
and
WHEREAS, the said application and plans are subject to
a Special Permit to be granted pursuant to Article IV,
Section 432 of the Zoning Ordinance of the Town of
Mamaroneck;
and
WHEREAS, the applicant has applied to this Board for a
Special Permit as provided in Section 432 of the Zoning
Ordinance, which has been referred to the Planning Board
for report, which report as received aid herewith incorpor-
ated in the minutes of this hearing recommended that the
said application be granted;
and
WHEREAS, a public hearing was duly called before this
Board for this meeting pursuant to Section 432 of the
Zoning Ordinance;
and
WHEREAS, the Board has examined the plans and finds that
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the conditions and standards required by Section
432 of the Zoning Ordinance of the Town of Ma-
maroneck have been met;
NOW, THEREFORE, BE IT
RESOLVED, that the application of Frank Micelli
is hereby granted and the Building and Plumbing
Inspector of the Town of Mamaroneck authorized
to issue a Special Permit for the construction
of a building to be used for his own purposes
and also to extend the use so as to permit him
to rent a portion of this said building and
premises for the storage and maintenance of
school buses provided that the proposed con-
struction conforms in all respects with the
Building Code, the Plumbing Code, and the Zon-
ing Ordinance of the Town of Mamaroneck; and
also complies with the provisions hereinbelow
set forth subject to approval by the Town
Building and Plumbing Inspector and the Town
Engineer.
1) that provisions be made for the
installation of a 550-gallon
underground tank for the storage
of waste oil;
2) that provisions be made for the
disposal of waste water from
washing equipment, etc. into a
sanitary sewer in conformance
-- with the Plumbing Code of the
Town of Mamaroneck;
3) that off-street parking facili-
ties be provided for all em-
ployees or persons for which
the building and use is de-
signed in conformance with the
off-street parking requirements
of the Zoning Ordinance of the
Town of Mamaroneck;
and be it further
RESOLVED, that Permit is obtained within a period
of three (3) months from the date of the adoption
of this resolution, or by December 6th, 1972; that
construction is started within a period of six (6)
months or by March 6th, 1972, and completed within
a period of one (1) year or by September 6th, 1973.
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OLD BUSINESS
1. Report on Painting of Sheet Metal Doors
Weaver Street Firehouse
A report on bids for painting of sheet metal doors and door bucks
- at the Weaver Street Firehouse addressed to the Board by the
Engineer under date of August 23rd, 1972 was herewith presented
and following the Engineer's verbal comments thereon, ordered
received and filed for the record.
2. Report on Paving Court House
Parking Area
A report on the paving of the Court House parking area addressed
to the Board by the Comptroller under date of August 29th, 1972
was herewith presented and ordered received and filed for the
record.
3. Report on Stream Diversion
Peter S. Myers
A report on the Peter S. Myers ' Stream Diversion Permit addressed
to the Board by the Engineer under date of September 6th, 1972
was herewith presented and ordered received and filed for the
record.
NEW BUSINESS
1. Salary Authorizations for:
a) Emergency Overtime for:
1) Police
Pursuant to memorandum of the Police Commission under date of
August 24th, 1972, herewith presented and ordered received and
filed, on motion by Councilman Vandernoot, seconded by Council-
man Bloom, it was unanimously
RESOLVED, that as approved by the Board of Police
Commissioners, this Board hereby authorizes payment
of Emergency Overtime Compensation to the following
officers of the Town of Mamaroneck Police Department
for the number of hours set forth for each covering
the period from July 29th to August 24th, 1972:
Name Hours Min.
Sgt. Diamond 1 30
Det. Sgt. Perritano 2
Det. De Vico 12
Ptl. Carden 2
" Gerardi 12 30
" Garrison 8
" Giacomo 8
" Greenstein 8 30
Graziano 45
" Knox 3 30
Mosiello 1 30
Pyrch 1 30
Total 61 45
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2) Fire
Pursuant to memorandum of the Fire Chief under date of September 1st,
1972, herewith presented and ordered received and filed for the rec-
ord, on motion by Councilman Faiola, seconded by Councilman Bloom,
it was unanimously
RESOLVED, that as approved by the Fire Chief, this
Board hereby authorizes payment of Emergency Over-
time Compensation to the following Firemen of the
Town of Mamaroneck Fire Department for the number of
hours set forth for each covering the period from
July 29th to August 31st, 1972:
Name Hours
Lt. J. Garofalo 14
it S. Garofalo 10
Fireman C. Mirande 12
" N. Wilson 2
If H. Newman 4
It R. Baron 10
Total 52
b) Recreation
Pursuant to memorandum of the Superintendent of Recreation under
date of September 6th, 1972 herewith presented and ordered received
and filed, on motion by Councilman Vandernoot, seconded by Council-
man Bloom, it was unanimously
RESOLVED, that as recommended by the Recreation
Commission, this Board hereby authorizes that the
following pool personnel be engaged and compensated
as set forth below:
Effective
Name Title Date Salary
Catherine Barres Life Guard 9-1-72 $2.00 per hour
Katherine Corkery " " " it
John Emmerich " " " If " it
Gale Golly
Gail Kelly
August Longo
Kathleen McHugh
Marc Sherman
Sally Williams
Francis Gallagher Key Attend. 1.85 "
Mary Ann Leonardi " '.' " " "
Stephen Walsh If " " if " "
Sue Williams if " " " "
Patricia Wilson
Robert Wilson
2. Approval of Appointments and Salary
Authorizations for:
a) Sgt. William Federice to
Contingent Permanent Lieutenant
Pursuant to memorandum addressed to the Board by the Police
Commission under date of August 22nd, 1972 herewith presented
and ordered received and filed as part of the record of this
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meeting, on motion by Councilman Vandernoot, seconded by Council-
man Bloom, it was unanimously
RESOLVED, that this Board hereby approves the appoint-
ment of Sergeant William A. Federice to the rank of
Contingent Permanent Lieutenant effective August 24th,
1972 and authorizes compensation beginning as of that
date in the amount of $14,300. per annum.
b) Detective Thomas R. Mahoney to
Permanent Detective Sergeant
Pursuant to memorandum addressed to the Board by the Police
Commission under date of September 6th, 1972 herewith presented
and ordered received and filed as part of the record of this
meeting, on motion by Councilman Bloom, seconded by Councilman
Vandernoot, it was unanimously
RESOLVED, that this Board hereby approves the appoint-
ment of Detective Thomas R. Mahoney to the rank of
Permanent Detective Sergeant effective September 7th,
1972 and authorizes compensation beginning as of that
date in the amount of $12,700. per annum.
c) Patrolman Joel M. Greenstein to
Contingent Permanent Sergeant
Pursuant to memorandum addressed to the Board by the Police
Commission under date of September 6th, 1972 herewith presented
and ordered received and filed, on motion by Councilman Faiola,
seconded by Councilman Bloom, it was unanimously
RESOLVED, that this Board hereby approves the appoint-
ment of Patrolman Joel Greenstein to the rank of
Contingent Permanent Sergeant effective September 7th,
1972 and authorizes compensation beginning as of that
date in the amount of $12,185. per annum.
d) Two School Crossing Guards
Pursuant to memorandum addressed to the Board by the Police
Commission under date of September 5th, 1972 herewith presented
and ordered received and filed, on motion by Councilman Faiola,
seconded by Councilman Vandernoot, it was unanimously
RESOLVED, that this Board hereby approves the appoint-
ments of Berdeen Jackson and Edwin Jolliffe as School
Crossing Guards, effective September 6th and 11th
respectively, and hereby authorizes their compensa-
tion at the rate of $13.00 each per day.
3. Authorization for Sale of Typewriter
- Pursuant to memorandum addressed to the Board by the Comptroller
on August 29th, 1972 herewith presented and ordered received and
filed, on motion by Councilman Faiola, seconded by Councilman
Vandernoot, it was unanimously
RESOLVED, that this Board hereby authorizes the sale
of a I.B.M. electric typewriter, serial x'2127324 to
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Mrs. Catherine D'Agostino at the I.B.M. trade-in
price of $110.00.
4. Authorization for Payment of
Knox, Lent & Tucker Claim
Pursuant to the request of Knox, Lent & Tucker, Town Insurance
Carrier, under date of August 21st, 1972 herewith presented and
ordered received and filed, on motion by Councilman Bloom,
seconded by Councilman Faiola, it was unanimously
RESOLVED, that this Board hereby authorizes payment
of claim of Knox, Lent & Tucker, Inc. in connection
with the settlement of a property damage claim under
Town Policy #RLU467166 with Royal Indemnity Company,
containing a $50.00 deductible property damage clause.
5. Authorization for Publication of
Registration Notice
Pursuant to the Clerk's request, on motion by Councilman
Vandernoot, seconded by Councilman Faiola, it was unanimously
RESOLVED, that in accordance with the provisions
of Section 76 and Section 354 of the Election
Law, a Notice listing the places of registration
and briefly describing each registration district
in the Town of Mamaroneck be published in the
official newspaper of the Town of Mamaroneck, "The
Daily Times", on September 28th and October 5th, 1972.
6. Authorization for Supervisor and Chairman of
-- Conservation Advisory Committee to Attend
lst Annual Meeting of New York State Association
of Conservation Commissions and 2nd Annual
Convention of Environmental Planning Lobby
Following Mrs. Helwig's explanation and request to the Board to
be authorized to attend these two meetings, together with a letter
addressed to her by Thomas R. Amlicke, Chairman of the Conservation
Advisory Committee, under date of August 23rd, 1972 requesting
authorization to attend these same meetings, on motion by Council-
man Faiola, seconded by Councilman Vandernoot, it was unanimously
RESOLVED, that this Board hereby authorizes Super-
visor Christine K. Helwig and Thomas R. Amlicke,
Chairman of the Conservation Advisory Committee, to
attend the first annual meeting of the New York
State Association of Conservation Commissions and the
second annual convention of the Environmental Plan-
ning Lobby, to be held at the Lake Minnewaska Mountain
Houses near New Paltz from Friday, September 22nd to
Sunday, September 24th, 1972, with expenses paid by the
Town from the proper appropriations in the budgets of
the Supervisor and Conservation Advisory Committee in
a total sum not to exceed the amount of $200.00.
7. Authorization to Advertise for Bids
for Blossom Terrace Improvement
Pursuant to memorandum addressed to the Board by the Town Engineer
under date of September 5th, 1972 herewith presented and ordered
received and filed, on motion by Councilman Bloom, seconded by
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Councilman Vandernoot, it was unanimously
RESOLVED, that in accordance with law, the Town
Clerk be and he hereby is authorized to publish
in the official newspaper of the Town of Mamaro-
neck, "The Daily Times", a Notice for Bids, to be
returnable October 4th, 1972, and opened and read
aloud at a regular meeting of this Board at 8:15 p.m.
on that date for improvements to Blossom Terrace,
in accordance with the specifications set forth in
the Notice, provided that the said specifications have
been approved by the Town Attorney prior to the publi-
cation of the aforesaid Notice for Bids.
8. Authorization to Rent Equipment for
Leaf Composting at Taylors Lane
Pursuant to memorandum addressed to the Board by P.T. Leddy
on September 5th, 1972 herewith presented and ordered received
and filed, on motion by Councilman Faiola, seconded by Council-
man Vandernoot, it was unanimously
RESOLVED, that this Board hereby authorizes
Mr. Leddy to rent a shredding machine with op-
erator for a period not to exceed three (3) days
at a cost of $250. per day.
Councilman Faiola raised a question as to the costs of the leaf
composting program being conducted jointly by the Village of
Mamaroneck and Unincorporated Area of the Town stating that he
believed Conservation was a General Town charge and if this
were correct, he would question the propriety of this charge
since the Village of Larchmont was party to the cost without
benefit therefrom. During discussion by the Board it was
pointed out that this program was experimental and that while
-- the Village of Larchmont had not joined at the time of its
inception, it was hoped that it would come in now if this were
possible land-wise. The Board then directed that the Supervisor,
Mr. Leddy and Armand Gianunzio, Village Manager of the Village
of Mamaroneck, discuss the future financing of the program par-
ticularly in respect to the possible inclusion of Larchmont
and the preparation of the 1973 Town budget.
9. Cancellation of Performance Bonds for:
a) Loman Homes - Lundy Lane
Pursuant to the request of the Town Attorney, on motion by
Councilman Bloom, seconded by Councilman Vandernoot, it was
unanimously
RESOLVED, that in accordance with the recom-
mendation of the Town Attorney, this Board
hereby cancels Performance Bond No. 4033 in the
amount of $88,000.00, dated November 1, 1966,
upon which International Fidelity Insurance Com-
pany is Surety and Loman Homes, Inc. , 307 Hoyt
Avenue, Mamaroneck, New York is Principal.
b) Joseph W. Gleicher Company
Glen Rock Estates, Portion of Section III
Pursuant to the request of the Town Attorney, on motion by
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Councilman Bloom, seconded by Councilman Vandernoot, it was
unanimously
RESOLVED, that in accordance with the recom-
mendation of the Town Attorney, this Board
hereby cancels Performance Bond No. 217194 in
the amount of $34,000.00, dated July 1st, 1959,
upon which the Continental Casualty Company is
Surety and Joseph W. Gleicher Company, Inc. of
55 Liberty Street, New York, New York is Prin-
cipal.
In reply to question of Councilman Bloom, the Engineer reported
that Mr. Adam Sumetz had completed the street improvements on
Park Hill Lane.
COMMUNICATIONS
1. P. S. C. Notices of Hearings re
Con Edison Electric Supply for
New York City and Westchester County
and
2. P. S. C. Report on Con Edison
Gas and Electric Rate Increases
The Town Attorney reviewed the Public Service Commission's
Notices of Hearings relating to energy conservation measures
in the service territory of Con Edison beginning on September llth
at 10:30 A.M. at the Commission's office in Tower 2, World Trade
Center, New York City, and Hearings on gas and electric rate in-
creases on Thursday, September 14th at 10:00 A.M. with continuance
on Friday the 15th if necessary at the same location in New Yogic
City.
In reply to Councilman Faiola's request that a strong protest
to any rate increase be filed on behalf of the Town, the Attorney
pointed out that since New York City and all of the County were
affected, he believed that the County which undoubtedly had the
necessary technical knowledge would present a statement represent-
ing all local municipalities which did not have such information
and without which any statement would be valueless. However at
Mr. Faiola's insistence that a statement be filed, it was agreed
that the Supervisor frame a letter registering the Town's protest
to any rate increase which could not be justified as essential
to the provision of adequate power needed_to meet present and
future demands.
3. N. Y. S. Department of Transportation Notice -
Report on Petition of Beechmont Bus Service, Inc.
The Attorney presented a Notice from the New York State Department
of Transportation reporting its decision after public hearing on the
petition of Beechmont Bus Service, Inc. for a certificate of public
convenience and necessity for the temporary operation of a bus line
in the Village of Larchmont, Village and Town of Mamaroneck and City
of New Rochelle. He stated that permission and approval had been
granted subject to the conditions set forth in the Order for the
temporary operation by Beechmont Bus Service, Inc. commencing with
July 29th, 1972 and including January 25th, 1973 over the routes
set forth therein.
4. Request of National Association for
Retarded Children to Conduct Annual
Residential Appeal in November
A request of the National Association for Retarded Children under
date of August 30th, 1972 to conduct its Annual Residential Appeal
by volunteers of the Town of Mamaroneck during the month of
November 1972 was herewith presented and ordered received and
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filed.
Following some discussion by the Board of whether this was
in conflict with or in addition to the local United Fund Drive,
it was directed that the matter be tabled until the October 4th
meeting pending receipt of further definitive information on
the questions raised at this time.
Mrs. William Meister, 9 Hawthorne Road
At this time, Mrs. Meister, upon recognition, inquired whether
there was any communication regarding the appraisal of the
Mettey property as authorized by the Board at its last meeting,
notification of which had appeared in the papers at that time.
Mrs. Helwig replied that nothing had been received as of this
date adding however that she felt it would be shortly.
Dr. C. Alan Mason, 482 Weaver Street
Dr. Mason, upon recognition, asked whether anything more had
been heard from the Corps of Army Engineers, to which both the
Supervisor and Engineer replied negatively with the Engineer
adding that a call was expected shortly since the Corps had
been pretty much on schedule.
REPORTS
The Town Clerk --
The Clerk presented the following reports which were ordered
received and filed:
Report of the Town Clerk for the month of
August 1972.
Report of the Receiver of Taxes and Assess-
ments for the month of August 1972.
Report of the Municipal Dog Patrol for the
month of August 1972.
Report of the Westchester Shore Humane Society,
Inc. , for the month of August 1972.
Summary of Budget Appropriations and Expendi-
tures January 1st through July 31st, 1972.
The Supervisor --
1. Environmental Quality Bond Act
The Supervisor reported that she had attended a County meeting
last week at which Mr. George Humphreys, Assistant Commissioner
of the New York State Department of Environmental Conservation,
had spoken to the proposed $1.15 billion Envioronmental Quality
Bond Act which would be on the November ballot as Proposition No. 1.
She explained that she would like to strongly recommend not only
that the Board endorse this proposal but also urge its voter support
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in November since passage of the measure would benefit all of
the local municipalities (including counties), with 81% of the
funds providing direct assistance for capital expenditures and
19% for acquisition costs. To illustrate she cited that of the
$1.15 billion total, the allocations to local governments would
be as follows:
1st - $650 million to assist local municipalities with
the construction of new sewage treatment facilities;
2nd - $150 million for abatement of air pollution from
existing public sources -- schools, hospitals and
municipal incinerators;
3rd - $175 million to begin their recycling of solid
waste; and
4th - $175 million for the acquisition of forest preserve
land, wetlands, and other unique lands which might
be lost forever.
She then inquired the Board's pleasure, pointing out that the
proposal had already been endorsed by the County Executive,
Edwin G. Michaelian, seven of the Westchester County League of
Women Voter Chapters and twelve County groups including the
Environmental Management Advisory Council.
Whereupon Councilman Bloom stated that under the circumstances
outlined by the Supervisor, he would offer a motion that this
Board endorse the E.Q.B.A. (Proposition No. 1 on the ballot)
and urge its support by the voters in November, which upon being
seconded by Councilman Vandernoot, was thereupon adopted by unani-
mous vote of the Board.
Mrs. Connie Roggeri - 49 Sheldrake Avenue
Mrs. Roggeri, upon recognition, addressed the Board to ask:
1st -whether there was any place to take plastics
and metals; and
2nd - whether there was any way to protect the glass
collection bins since it was extremely hazardous
with the glass breaking and small bits and particles
flying back.
The Supervisor informed Mrs. Roggeri that a meeting was scheduled
with Dr. Mathur of the State Resource Recovery and Recycling
Division of the Environmental Conservation Department within the
next several weeks and that she would inquire about this at that
time. She also stated, along with Mr. Aitchison, the Highway
Superintendent, that various means of making these collection
bins safer such as installation of a deflecting screen or some
other device would be sought.
2. Letter re Transfer of Thruway Property
(Ref. No. 199) to Town
A letter referring to Chatsworth Avenue Ramps, Surplus Property
Reference No. 199 addressed to the Supervisor by Norbert L. Noel,
Associate Counsel of the New York State Thruway Authority, dated
August 15th, 1972, was herewith presented and ordered received
and filed for the record. In connection with this matter which
had been in process for some years the Supervisor inquired as to
the Board's pleasure and thereupon on motion by Councilman Faiola,
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seconded by Councilman Vandernoot, it was unanimously
RESOLVED, that the Town of Mamaroneck be and it hereby
is authorized to accept from the New York State Thru-
way Authority the property known as Chatsworth Avenue
Ramps, Surplus Property Reference No. 199 and to assume
the responsibility for its maintenance, said property
covering the area as more particularly set forth in the
description enclosed with the letter of Norbert L. Noel,
Associate Counsel of the New York State Thruway Authority
under date of August 15th, 1972, as herewith presented and
ordered received and filed as part of the record of this
meeting;
and be it further
RESOLVED, that it is understood between parties that the
Town in accepting property may put it to any municipal
use deemed necessary and proper.
The Councilmen --
Mr. Vandernoot --
1. Apportionments
Upon presentation of the following apportionments, on motion by
Councilman Vandernoot, seconded by Councilman Bloom, the following
resolution was unanimously adopted:
WHEREAS, the Assessor has presented petitions for the
correction of the assessment roll for certain years
pursuant to the provisions of Section 557, Article 16 of
the Westchester County Tax Law;
and
WHEREAS, after due consideration, this Board finds it desirable
to grant said petition for the correction of said assessment roll;
NOW, THEREFORE, BE IT
RESOLVED, that the assessment roll of 1971-1972, taxes of 1972,
which shows property now appearing on the rolls as follows :
Block Parcel Name Land Imp. Total
727 184 Mario R. Cacchione $20,400. $36,400. $56,800.
be corrected as follows in accordance with the provisions of
subdivision 5 of Section 557:
Block Parcel Name Land Imp. Total
727 184 William A. Ploumis & W. $12,900. $27,400. $40,300.
727 272 Mario R. Cacchione 71500. 9,000. 16,500.
and be it further
RESOLVED, that the assessment roll of 1971-1972, taxes of 1972,
which shows property now appearing on the rolls as follows:
Block Parcel Name Land jLnR. Total
214 545 A. Poccia Sons, Inc. $ 3,100. -- $ 3,100.
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be corrected as follows in accordance with the
provisions of subdivision 5 of Section 557:
Block Parcel Name Land Imp. Total
214 393 William Cunningham $ 800. -- $ 800.
214 396 A. Poccia & Sons, Inc. 800. -- 800.
214 399 A. Poccia & Sons, Inc. 800. -- 800.
214 545 A. Poccia & Sons, Inc. 700. -- 700.
and be it further
RESOLVED, that the assessment roll of 1971-1972, taxes
of 1972, which shows property now appearing on the
rolls as follows :
Block Parcel Name Land Imp. Total
130 239 Joseph Pittera $ 3,400. -- $ 3,400.
be corrected as follows in accordance with the
provisions of subdivision 5 of Section 557:
Block Parcel Name Land Imp. Total
130 239 Lloyd King, Jr. $ 2,500. -- $ 2,500.
130 700 Joseph Pittera 900. -- 900.
and be it further
RESOLVED, that the assessment roll of 1972-1973, taxes
of 1973, which shows property now appearing on the
rolls as follows:
Block Parcel Name Land Imp. Total
130 239 Lloyd King, Jr. $ 4,100. $17,800. $21,900.
be corrected as follows in accordance with the
provisions of subdivision 5 of Section 557:
Block Parcel Name Land Imp. Total
130 239 Lloyd King, Jr. $ 3,200. $17,800. $21,000.
130 700 Joseph Pittera 900. -- 900.
and be it further
RESOLVED, that the assessment roll of 1971-1972, taxes
of 1972, which shows property now appearing on the
rolls as follows:
Block Parcel Name Land Imp. Total
228 179 Antoinette E. Hooper $ 9,400. -- $ 9,400.
be corrected as follows in accordance with the
provisions of subdivision 5 of Section 557:
Block Parcel Name Land Imp. Total
228 179 Carl Ronconi, Jr. $ 3,600. -- $ 3,600.
228 187 Thomas M. Hennessy & W 5,800. -- 5,800.
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and be it further
RESOLVED, that the assessment roll of 1971-1972, taxes
of 1972, which shows property now appearing on the
rolls as follows:
Block Parcel Name Land Imp. Total
950 1 Constance E. Lieber $22,100. $24,900. $47, 000.
be corrected as follows in accordance with the
- provisions of subdivision 5 of Section 557:
Block Parcel Name Land Imp. Total
950 1 Constance E. Lieber $11,300. -- $11,300.
950 244 Marion E. Young 10,500. $24,900. $35,700.
2. Letter from Robert Whitfield
(Not on Agenda)
For the Board's information Councilman Vandernoot read a letter
addressed to him by Robert Whitfield regarding the leasing of
the premises at 234 Stanley Avenue in order to coordinate the
operations of the Hot-Line, Store Front and Narcotics Guidance
Council, the cost of which was to be funded by the Community
Health Board.
Mr. Bloom --
1. Resignation of Dr. Michael Franzblau
Conservation Advisory Committee
Mr. Bloom presented a letter addressed to the Supervisor by
Thomas R. Amlicke, Chairman of the Conservation Advisory Com-
mittee under date of August 17th, 1972 advising that Dr. Franz-
blau had requested a change in his status from a full member
of the Committee to a consultant on solid waste management, which
was herewith ordered received and filed for the record.
Mr. Bloom expressed his regret as had Mr. Amlicke and the Super-
visor over this change but stated that certainly all could under-
stand its necessity with Dr. Franzblau's present commitments.
And thereupon in accord with Mr. Amlicke's recommendation,
Councilman Bloom moved that Dr. Michael Franzblau's resignation
be accepted with deep regret and the Board's appreciation for
his outstanding service in the Conservation area. The motion
was seconded by Councilman Faiola and thereupon adopted by unani-
mous vote of the Board.
2. Appointment of Miss Lillian Caprice
to Conservation Advisory Committee
Councilman Bloom then placed in nomination the name of Miss Lillian
Caprice for appointment to the Conservation Advisory Committee.
Miss Caprice, at present a Senior High School Housemaster, had
been recommended by Dr. Norwood, Superintendent of Schools, and
after briefly reviewing her particular qualifications for this
post, moved her appointment to the Committee. The motion was
seconded by Councilman Faiola with the following resolution
unanimously adopted
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P.9
RESOLVED, that this Board with great pleasure hereby
appoints Miss Lillian Caprice of the Senior High
School staff, a member of the Conservation Advisory
Committee to fill the vacancy created by the resig-
nation of Dr. Michael Franzblau, and to serve for
the unexpired portion of his term of office, said
appointment being effective immediately and term-
inating on December 31st, 1972.
ADJOURNMENT
In accordance with Councilman Faiola's suggestion that this
meeting stand adjourned this evening in memory to those so
tragically killed at Munich and for whom prayers were being
held this evening in all of the local synagogues and temples,
it was unanimously directed that since there was no further
business to come before the Board, this meeting was hereby
declared adjourned at 10:10 p.m. in memory of the athletes
killed at the Olympics in Munich, Germany.
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
Upon presentation for authorization of payment by Commissioner
Faiola and on his motion, seconded by Commissioner Vandernoot,
it was unanimously
RESOLVED, that the following Fire Department
claims be and they hereby are approved and
payment thereof hereby authorized from the
Fire Department budget subject to approval
by the Town Comptroller:
Albertson Communications, Inc. $ 775.50
Brigante Lawn Mower Service 11.15
Con Edison 177.75
Con Edison 5.00
R. G. Brewer, Inc. 42.62
Excelsior Garage & Machine Works, Inc. 73.53
Exterminating Services Corp. 7.00
Humble Oil & Refining Co. 64.88
Kamdor Plumbing & Heating Corp. 40.00
Lawrence Heat & Power Corp. 23.83
McGuire Bros. , Inc. 10.00
0. Mueller, Inc. 19.35
New York Telephone 149.16
New York Telephone 14.40
Pimentel Lawn Mower Sales & Service 30.40
Suburban Restaurant Supply, Inc. 18.95
Village Paint Supply 15.00
Village of Scarsdale - Water Dept. 308.00
Total. . . . . . . . . . . . . $1,786.52
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2. Reports
Commissioner Faiola presented the Fire Report for the month of
August 1972.
3. Communications - Not on Agenda
a) Acceptance of 18 Year Olds
As Volunteer Firemen
Commissioner Faiola presented a letter addressed to the Town
Board by Dominick J. Forti, Fire Chief, under date of Septem-
ber 6th, 1972 reading as follows:
"It makes me very proud to be able to report that
the first eighteen year old youths who were elected
to active membership in this Department at the August
meeting-were•
John Perri
Gerard Reynolds
Jay Reynolds
Under our revised By-Laws; Article 111, (Membership)
Section 11 of the By-Laws.
Also Roland Reidy and William V. Mc Dermott were
accepted, but of a more mature age."
Whereupon pursuant to his motion, seconded by Commissioner
Vandernoot, it was unanimously
RESOLVED, that this Commission hereby approves
the election of John Perri, Gerard Reynolds,
Jay Reynolds, Roland Reidy and William V.
Mc Dermott as new members of the Town of Mamaro-
neck Volunteer Fire Department.
b) Parking Conditions - Ferndale Shopping Center
(Not on Agenda)
Commissioner Faiola spoke about the parking conditions at the
Ferndale Shopping Center particularly referring to the Tung
Hoy Restaurant and stated that, with the Commission's approval,
he would like to discuss this matter with the Police Chief,
adding that there had been some talk about a 'back road".
The Supervisor commented that there was some question about the
fencing around Central School as had been recommended by the State
and which Dr. Norwood had requested her to have the State take
another look at in view of possible complications in connection
therewith.
c) Home Fire Alarm Systems
(Not on Agenda)
Commissioner Faiola referred to a letter from the Chief concern-
ing the installation of home fire alarm systems requesting that
the Engineer be directed to check these out since complications
--- had manifested themselves in connection with some systems already
so installed. He also stated that he would like the Town to re-
quest any resident planning to make such an installation to con-
tact the Fire Department directly in view of the calls going to
the Police through the telephone and then being relayed by that
department to the Fire Department,
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4. Other Business
a) Report on Fire Whistle
Commissioner Faiola referred to several communications addressed
to the Town about the sound of the new fire whistle stating that
there would be a new sound to this whistle in the near future
since past performance had been due to a problem in controlling
the timing mechanism which was presently under study for correction.
b) Request for Authorization for
Electrical Survey of Firehouse
Pursuant to Commissioner Faiola's request, the Commission unani-
mously authorized that an electrical survey of the Firehouse
be made.
5. Adjournment
There being no further business to come before the meeting,
on motion duly made and seconded, it was declared adjourned
at 10:15 p.m. , to reconvene on October 4th, 1972.
Town rk
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