HomeMy WebLinkAbout1971_04_07 Town Board Regular Minutes I
MINUTES OF A REGULAR MEETING OF THE TOWN BOARD OF THE TOWN OF
MAMARONECK, HELD APRIL, 7th, 1971, 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.
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Present: Supervisor Helwig
Councilman Faiola
Councilman Nagel
Councilman V9ndernoot
Councilman Bloom
Absent
Also Present
None
Mr. Gronberg
Mrs. Brewer
Mr. Johnston
Mr. Aitchison
Mr. Altieri
Mr. Widulski
APPROVAL OF MINUTES
- Town Clerk
- Deputy Clerk
- Town Attorney
- Highway Superintendent
- Comptroller
- Town Engineer
The minutes of the regular meeting of March 17th, 1971 were
presented, and on motion duly made and seconded, approved
as submitted.
THE SUPERVISOR
The Supervisor called attention to the item on the agenda
titled "By Special Request", inquiring whether the persons
concerned wished to address the Board at this time so that
it would not be necessary for them to remain throughout the
meeting.
Mr. Joseph Lividini of 14 Plymouth Road thanked the Supervisor
and advised the Board that many of the persons who wished to
be heard on the matter of the Kentucky Fried Chicken permit
were not present yet and requested therefore that the matter
be held until later in the evening. The Board unanimously
assented with the request that Mr. Lividini advise the
Chair whenever the group was ready to be heard.
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OLD BUSINESS
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1. Fixing Date for Public Hearing -
Special Permit, New Gas Station
2385 Boston Post Road
The Supervisor called to the Board's attention that the
Notice for the Hearing on the application for Special
Permit for a new gas station to be located at the corner
-- of the Boston Post Road and Dean Place had been pulled
from the paper in error and therefore the public hear-
ing must be deferred to the next meeting in order to
allow the required ten day publication of the Notice of
Hearing.
Therefore on motion by Councilman Bloom seconded by
Councilman Faiola, it was unanimously
RESOLVED, that in accordance with Article IV,
Section 410 "Schedule of Permitted Uses in a
Business District" and subject to additional
standards as provided in Section 432 of the
Zoning Ordinance of the Town of Mamaroneck,
this Board will hold a Public Hearing on the
application of Power Test Petroleum Distributors,
Inc. , for a Special Permit to construct a new
gasoline filling station and appurtenances on the
premises located on the northwest corner of Boston
Post Road and Dean Place, and known as Block 505,
Parcel 415 on the Tax Assessment Map of the Town of
Mamaroneck, at its next regular meeting on April 21st,
1971, at 8:15 p.m. , in the Council Room or Auditorium
of the Weaver Street Firehouse, Weaver Street, Town
of Mamaroneck;
and be it further
RESOLVED, that the Clerk be and he hereby is
authorized to publish in the official newspaper of
the Town of Mamaroneck, "The Daily Times", Notice
of such Hearing as required by law.
2. Fixing Date for Public Hearing -
Bicycle Ordinance - (Amendment of General Ordinances)
In reply to the Supervisor's query as to the Board's pleasure
in fixing the date for a Public Hearing on the new Ordinance
for registration of bicycles, it was suggested that the said
hearing be held on April 21st, 1971.
Whereupon on motion by Councilman Vandernoot, seconded by
Councilman Nagel, it was unanimously
RESOLVED, that a public hearing will be held before
this Board at its next regular meeting on Wednesday
evening, April 21st, 1971, in the Council Room or
Auditorium of the Weaver Street Firehouse, Weaver
Street, Town of Mamaroneck, at 8:15 p.m. of that
day, for the purpose of considering the adoption
of a resolution amending the General Ordinances of
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the Town of Mamaroneck by adding a new chapter thereto,
to be known as Chapter IX-H - entitled "Bicycle Ordinance"
which shall read as follows :
1. REGISTRATION REQUIRED
It shall be unlawful on and after the first day
of June 1971, for any person to operate or use a
bicycle propelled wholly or in part by muscular power
upon any of the streets, alleys or public highways
of the Town of Mamaroneck, Westchester County, New
York, exclusive of the areas within the incorporated
limits of the Villages of Larchmont and Mamaroneck,
without first registering said bicycle with the
Police Department as hereinafter provided. This
requirement shall not apply to residents of the
Villages of Larchmont and Mamaroneck whose bicycle has
been registered or licensed by the Police Department
of either of said Villages.
2. ISSUANCE OF REGISTRATION
The Police Department is hereby authorized and
directed to issue, upon written application,
bicycle registrations which shall be effective for
the period of one (1) year, starting on the 1st
day of June and ending on the 31st day of May the
following year. Said registrations, when issued,
shall entitle the registrant to operate such bicycle
for which said registration has been issued upon all
the streets, alleys, and public highways, exclusive
of the sidewalks thereof, in the Town of Mamaroneck,
New York, exclusive of the areas within the incorp-
orated limits of the Villages of Larchmont and Mamaro-
neck. The Police Department shall not issue a
registration for any bicycle to an applicant who
is under sixteen years of age. A registration
obtained through false representation that the
applicant is of the required age shall be null and
void.
REGISTRATICN
The Town of Mamaroneck, New York, shall provide each
year metallic registration plates and registration
cards having stamped thereon in numeral order,
beginning with number 1, and indicating the year for
which the same are issued, and the letters TMBR
stamped thereon; such metallic registration plates
shall be suitable for attachment upon the frames of
bicycles, and it shall be the duty of the Police
Department to attach one (1) such registration plate
to the frame of each bicycle, and to issue a correspond-
ing registration card to the registrant. Such metallic
registration plates shall remain attached during the
existence of such registration. The Police Department
shall also keep a record of the date of issue of such
registration, to whom issued, and the number thereof.
4. TRANSFER OF OWNERSHIP
It shall be the duty of every person who sells or
transfers ownership of any bicycle to report such a
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sale or transfer by returning to the Police Depart-
ment the registration card issued to such person as
registrant thereof, together with the name and address
of the person to whom said bicycle was sold or trans-
ferred, and such report shall be made within five (5)
days of the date of said sale or transfer. It shall
be the duty of the purchaser or transferee of such
bicycle to apply for a transfer of registration
therefor within five (5) days of said sale or transfer.
5. SECOND-HAND BICYCLES: PURCHASES AND SALES
All persons engaged in the business of buying second-
hand bicycles are hereby required to make report within
twenty-four (24) hours of each such purchase to the
Police Department, giving the name and address of the
person from whom each bicycle is purchased, the descrip-
tion of each bicycle purchased, the frame number thereof
and the number of the metallic registration plate found
thereon, if any. All persons engaged in the business
of selling new or second-hand bicycles are hereby re-
quired to make a report within twenty-four (24) hours of
each such sale to the Police Department, giving the
name and address of each person to whom sold, the kind of
bicycle sold, together with a description and frame number
thereof and the number of the metallic registration plate
attached thereto, if any.
6. REMOVAL OF REGISTRATION NUMBER
It shall be unlawful for any person to wilfully or
maliciously remove, destroy, mutilate or alter the
number of any bicycle-frame registration pursuant to
this ordinance. It shall also be unlawful for any
person to remove, destroy, mutilate or alter any
registration plate, seal or registration card during
the time in which said registration plate, seal or
registration card is operative, provided, however, that
nothing in this ordinance shall prohibit the Police
Department from stamping numbers on the frame of bicycles
on which no serial number can be found, or on which said
number is illegible or insufficient for identification
purposes.
7. RENTAL AGENCIES AND/OR BICYCLE DEALERS
The provisions of this Ordinance relating to the registra-
tion of bicycles shall be applicable and binding upon any
person, firm or corporation which engages in the practice
of renting or selling bicycles. Such persons or organ-
izations shall be required to comply with the provisions
hereof as if personally operating such a bicycle within
the Town of Mamaroneck.
8. PENALTIES
Any person violating any provision of this chapter may
upon conviction be punished for the first offense by a
fine not exceeding ten dollars and for the second offense
by a fine not exceeding twenty-five dollars and for a
third or any subsequent offense within one year by a fine
not exceeding fifty dollars, or, by removal of the registra-
tion certificate or tag for a period not exceeding thirty
days from any bicycle registered by such person.
The invalidity of any part, clause, section, or provision
of this chapter of this ordinance shall not invalidate
any other part, paragraph, clause, section or provision
thereof.
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This ordinance shall become effective on June 1st,
1971.
and be it further
RESOLVED, that the Clerk be and he hereby is
authorized to publish in the official newspaper of
the Town of Mamaroneck, "The Daily Times", Notice of
such Hearing as required by law.
3. Fixing Date for Public Hearing -
Increase Income $3,000. to $5,000.
for Partial Tax Exemption for
Persons 65 and Over
Following the Supervisor's explanation of the recommendations
of the Assessor and Receiver of Taxes, herewith presented and
ordered received and filed as part of the record, the proposed
income increase for partial tax exemption for persons 65 and
over on which a public hearing must be held, she inquired the
Board's pleasure in fixing the date therefor.
And thereupon on motion by Councilman Nagel, seconded by
Councilman Bloom, it was unanimously
RESOLVED, that a public hearing will be held before
this Board at its next regular meeting on Wednesday
evening, April 21st, 1971, in the Council Room or
Auditorium of the Weaver Street Firehouse, Weaver
Street, Town of Mamaroneck, to consider the adoption
of a resolution enabling the Town of Mamaroneck to
grant a partial exemption from Town taxes, except
District taxes, to the extent of 50% of the assessed
valuation of the real property owned by certain persons
with limited income who are sixty-five years of age
or over pursuant to the provisions of Section 467 of the
Real Property Tax Law as amended provided such persons
meet the requirements set forth in said Section 467;
and be it further
RESOLVED, that the Clerk be and he hereby is
authorized to publish in the official newspaper
of the Town of Mamaroneck, "The Daily Times", Notice
of such Hearing as required by law.
4. Report - Prince Willows Sewer
The following report on the Prince Willows Sewer addressed to
the Board by the Town Engineer under date of April 5th, 1971 was
read into the record:
"The final claim for the Prince Willows Sewer dated
December 31, 1970 has been approved by the writer and
all regular contract items paid for.
The following amounts are items in excess of the original
bid amounts :
18
cu. yds.
of rock excavation
@
18.00
$ 324.00
274
sq. yds.
of pavement restoration
@
7.00
1,918.00
172
lin. ft.
of cement asbestos pipe
@
13.00
22236.00
Total $4,478.00
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The total construction costs summing up all claims submitted
by the contractor amounted to $225,170.50 or 21% over the
original contract amount of $182,900.00.
To offset the additional costs certain items were unexpended
in the original contract. These were:
2567 cu. yds. of earth excavation $8,984.50
1700 sq. yds. of temporary pavement 5,100.00
85 cu. yds, of concrete 3,230.00
Total 17,314.50
A majority of the residents have connected to the sewer with
those remaining residing along Stonewall Lane."
With reference to the foregoing report, the Supervisor after
stating that it was her understanding that the Board must now
approve payment of the items in excess of the original bid
amounting to $4,478. , and the elimination of the items from the
original contract totalling $17,314.50, inquired as to the Board's
pleasure.
Whereupon, on motion by Councilman Bloom, seconded by Council-
man Faiola, it was unanimously
RESOLVED, that this Board hereby approves payment
of those items in excess of the original contract
totalling $4,478. as follows :
18
cu.
yds.
of rock excavation
@
$18.
$ 324.00
274
sq.
yds
of pavement restoration
@
7.
1,918.00
172
lin.
ft.
of cement asbestos pipe
@
13.
2,236.00
Total $4,478.00
and be it further
RESOLVED, that this Board also approves the elim-
ination of certain items from the original contract
totalling $17,314.50 as follows :
2567
cu.
yds
of earth excavation
$8,984.50
1700
sq.
yds,
of temporary pavement
5,100.00
85
cu.
yds.
of concrete
3,230.00
Total $17,314.50
She further stated that 10% of the original contract less
the approved eliminations and extras to date would be retained,
and the Comptroller further pointed out for the Board's informa-
tion that this 10% retained would become effective after final
payment was made in accordance with the terms of the original
contract.
5. Approval of Extras - Alterations to
1201 Palmer Avenue for Court Room
Pursuant to memorandum addressed to the Board by the Town
Engineer under date of March 30th, 1971, herewith presented
and ordered received and filed as part of the record and
following the Supervisor's explanation that these extras
totalling $895. were within the budgeted appropriation, on
motion by Councilman Vandernoot, seconded by Councilman Bloom,
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it was unanimously
N
RESOLVED, that this Board hereby authorizes the
payment of the claim of A. Poccia & Son in the
amount of $895. covering the extras in alterations
to 1201 Palmer Avenue as recited herebelow:
1. Enlarge jury box $ 200.00
2. Revise and enlarge 75.00
platform for witness
3. Install two new doors to 220.00
the court room
4. Level kitchen floor 150.00
5. Relocate heating lines 250.00
and box in same
Total $ 895.00
The Supervisor then referred to a memorandum not on the
agenda which had been addressed to her by the Engineer under
date of April 5th, 1971, regarding additional alterations
to 1201 Palmer Avenue for carpet for the Judge's chamber in
the amount of $180. and additional fixtures in the hall,
Judge's chamber and exterior lighting in the amount of $300.00,
which costs were in excess of the budgeted appropriation and
then inquired the Board's pleasure thereon.
In reply to question, the Comptroller advised the Board that
the needed funds could be transferred from General Fund - Town
Outside Villages Surplus, whereupon Councilman Bloom stated that
since he understood the outdoor lighting was required for safety
and the requested carpeting would actually effect a saving, he
would move the approval of this request. The motion was seconded
by Councilman Vandernoot with Councilman Faiola requesting that
before the vote was taken, the Board give consideration to add-
ing the additional extras recommended by the Fire Chief for
certain fire equipment, etc.
Councilman Faiola was asked whether the costs of this additional
equipment needed were available. whereupon on his reply that
they were not but certainly would be covered by approximately
$200. , and since the Board unanimously agreed that the recommended
equipment should certainly be installed before the court was
moved, it was suggested that the motion approving the additional
lighting and carpet be amended so as to authorize the Comptroller
to transfer the sum of $700, in order to include the fire equip-
ment, which was so moved by Councilman Vandernoot and seconded
by Councilman Faiola, whereupon the following resolution was
adopted by unanimous vote of the Board:
RESOLVED, that this Board hereby authorizes the
Comptroller to transfer the sum of $700. from
General Fund - Town Outside Villages, Surplus
Account 502, to Police Station and Court House
Project Account B9206, to cover the cost of the
following additional items :
1. Carpet for Judge's chamber
2. Additional fixtures in hall, Judge's chamber and
exterior lighting
3. Five fire extinguishers, three exit signs and
linoleum for first floor of court house
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IN
7. Report on Bids for Garbage Truck
A memorandum dated April 2nd, 1971, addressed to the Board
by the Engineer, Attorney, Comptroller and Highway Super-
intendent to whom the bids had been referred at the last
meeting, recommending the award of the bid to the low
bidder, Willow Motors, Inc. , was presented and herewith
ordered received and filed for the record.
The Supervisor reminded the Board that action on these bids
- had been held up in order to afford time to look into the
possibility of the purchase and use of a new type of truck
just recently developed. However in view of advice that
this particular vehicle would not be available for a period
of some four months and that delivery would be indefinite
even then, plus the additional question raised of whether
it would be possible to use a truck the size of this new
vehicle on unincorporated streets, she asked the Board its
pleasure in this matter.
Whereupon, on a motion by Councilman Faiola, seconded by
Councilman Vandernoot, it was unanimously
RESOLVED, that this Board hereby accepts the bid
of the low bidder, Willow Motor Sales, Inc. , for
furnishing to the Town of Mamaroneck Sanitation
Department
One (1) 1971 GMC Truck with Loadmaster
Packer, at a price of $14,785.00
Less trade-in of 1961 Ford 16 cu. yd. 811.00
Garwood Packer
or a Net price of $13,974.00
The Comptroller replying to question, explained that the
new Highway Truck and the Sanitation Truck would be financed
through the purchase of Capital Notes for a two-year period
on which he would report in detail at the next meeting.
6. Chief O'Brien's Letter to Mr. Gardeski-
Re: Signal 183, Route 125 on Palmer Avenue
The Supervisor noted that she had skipped item 6 and explained
that the State had denied the request for a 4-way manual con-
trol box .(signal 183) at the intersection of Palmer Avenue
and Weaver Street as had been recommended by the A.A. and
the Chief of Police. She then reviewed a letter addressed
to Mr. R. M. Gardeski, Regional Traffic Engineer of the State
Department of Transportation, respectfully requesting recon-
sideration of this request for the reasons recited therein,
along with supportive letters addressed to Mr. Gardeski by
the President of the Central School P.T.A. , the Principal of
that school, and the President of the Howell Park Association,
all of which were ordered received and filed for the record.
Mrs. Helwig then stated that she believed this Board should
take action reinforcing these requests and thereupon on a
motion by Councilman Faiola, seconded by Councilman Bloom,
it was unanimously
RESOLVED, that this Board hereby respectfully re-
quests R. M. Gardeski, Regional Traffic Engineer,
New York State Department of Transportation, to
give all possible reconsideration to the request
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for the installation of a.manual control box at
the intersection of Palmer Avenue and Weaver
Street in the Town of Mamaroneck (Signal 183,
Route 125).
Councilman Faiola suggested that it would be in order to
forward copies of this resolution to Senator Gioffre and
Assemblyman Pisani which accordingly was so directed.
Councilman Nagel --
At this time, Councilman Nagel reverting to item 7, inquired
where the four-month delay information had come from? In
reply the Supervisor stated that this was the information
which had been given to Mayor Phillips and Messrs. Aitchison,
Kellogg and Widulski by the company manufacturing the machine.
Councilman Nagel then stated that he had asked in view of
the fact that he had just been told by an executive of the
company that the machine was available immediately. Mr. Widulski
stated that not even a Demonstrator was available now and that
all felt they would like to see the machine prior to any pur-
chase. The Supervisor emphasized that all of the municipal-
ities had been strongly interested in this machine because
of its increased capacity.
Councilman Nagel then asked whether the Board could not
hold up on placing the order for a new truck? Councilman
Faiola said he did not think this advisable inasmuch as there
was question as to whether there was any place where the
machine could be parked and whether it could be used on Town
streets -- and he further said that he would like to see it
actually in use in the Town before purchase.
Councilman Vandernoot then inquired when another garbage
truck would be needed, to which Mr. Aitchison replied probably
in another two years -- that one truck was needed now in order
to continue operation and he thought it fairly safe to assume
that another would be needed in about two years' time when
it might be feasible to purchase a machine of this new type.
THE SUPERVISOR
The Supervisor, upon Mr. Lividini's advice that all concerned
with Kentucky Fried Chicken were now present, stated that
the Board would now entertain this matter and invited those
who wished to address the Board to do so, requesting each
person who spoke to identify himself for the record.
Whereupon, upon recognition by the Chair, the following
persons addressed the Board presenting petitions and written
statements as follows, which were ordered received and filed
as part of the record:
Mr. Joseph Lividini - 14 Plymouth Road
Mr. Lividini presented a petition which carried 17 signatures
and read as follows :
"The following taxpayers and residents of the Town
of Mamaroneck hereby respectfully submit our protest
to the erection of a public restaurant on the corner
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of BOSTON POST ROAD and WINTHROP AVENUE until it is
shown that it is to be used in CONFORMANCE with exist-
ing building codes. We further protest the erection of
the public restaurant on the grounds that it will en-
danger the safety of over 50 children who live here,
by creating additional traffic complications to the
already hazardous intersection of BOSTON POST ROAD
and WINTHROP AVENUE; and that it will also create a
public nuisance to the local residents.
Furthermore, BOSTON POST ROAD is to date saturated
with an excessive number of restaurants and eating
establishments, i.e. PANCAKE HOUSE, MCDONALD, COOK,
DUNKIN DONUT, TUNG HOY, COACH'N FOUR, CARRIAGE INN,
etc. , all of which are within a few blocks of the
proposed construction site. An additional establish-
ment will have a deleterious effect on the environ-
ment and beauty of this area and would be a disservice
to the Larchmont-Mamaroneck Community.
We further respectfully request that construction of
said restaurant be PREVENTED until such conformance
is guaranteed by the owner, and enforced by the TOWN
OF MAMARONECK, and until such time that the NEW YORK
STATE TRAFFIC COMMISSION has had opportunity to
survey the traffic condition and ascertain the feas-
ibility and location of additional traffic control
equipment to ensure safety to SCHOOL CHILDREN of
HOMMOCK - and CENTRAL SCHOOL and residents of the
area."
Mr. John Cleary - 15 Winthrop Avenue
Mr. Cleary presented a second petition which carried 220
signatures and read as follows:
"We, the following residents of the TOWN OF MAMARONECK,
VILLAGE OF LARCHMONT or the VILLAGE OF MAMARONECK protest
the erection of a KENTUCKY CHICKEN SHOP at the inter-
section of BOSTON POST ROAD and WINTHROP AVENUE located
directly in the path of the daily route taken by some
160 school children making an average of four trips
to HOMMOCK SCHOOL, CENTRAL SCHOOL or MAMARONECK HIGH
SCHOOL.
We protest on behalf of the safety of school children
on foot and in the interest of traffic safety and
respectfully request the building department to
rescind the permit issued on the basis of nonconform-
ance with section 450.2 of the zoning ordinance,
which said nonconformance shall be substantiated at
a public town meeting."
Mrs. John Cleary - 15 Winthrop Avenue
Mrs. Cleary presented a third petition which carried 19 sig-
natures and read as follows :
"We, residents of the TOWN OF MAMARONECK do hereby
petition the TOWN BOARD, of the Town of Mamaroneck,
to amend the zoning ordinance of the Town of Mamaro-
neck, County of Westchester, State of New York,
Chapter 89, as follows.
In a business district, where the lot adjoins a
residential district, all residents within 200 feet
of the zoning boundary line shall be advised, in
writing, of the use to which said lot will be made
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and said residents shall have a period of 30 days
from date of notification to review plans and voice
objection, in writing, to said plans.
No permit or authorization to build shall be issued
until said objections are considered. Furthermore,
no construction shall start until said objections
are considered."
Mr. A. Ernest Fuhrmann - 11 Winthrop Avenue
Mr. Fuhrmann read a statement of protest to the construction
of Kentucky Fried Chicken on behalf of the residents of the
Village of Larchmont and the Town of Mamaroneck, which was
herewith ordered received and filed as part of the record
of this meeting.
Mr. Augustine DiFiore - 16 Winthrop Avenue
Mr. DiFiore presented a statement by the WINTHROP AVENUE-
PLYMOUTH STREET ASSOCIATION protesting the proposed
Kentucky Fried Chicken restaurant, which was herewith
ordered received and filed as part of the record of this
meeting.
At the Chair's invitation, the following persons then
addressed the Board:
Mr. Alan P. Murray - 116 Carleon Avenue
Mr. Murray endorsed the positions taken in the petitions
and statements, and expressed concern about the hazards
of increased traffic to children and others, the noxious
odors and injurious effects in general if the proposed
restaurant were permitted and asked what action could be
taken now with respect to the petitions.
The Supervisor replied that she was being asked a question
which she could not answer and therefor called on the Attorney
who stated that without studying the documents and research-
ing the law, he did not know at this time what action, if any,
could be taken since at present Kentucky Fried Chicken was
conducting its operation under a permit that fell fully
within the zoning.
Mrs. Elaine Price - 4 Rock Ridge Road
Mrs. Price inquired about the mechanics under which the
building permit was issued.
Councilman Bloom in replying said questions have been raised
along the lines of whether the requirements for business
zoning should be raised by amendment of the Zoning Ordinance.
He then reviewed briefly the statements in the introduction
to the new Ordinance as updated and modernized with the
assistance of an expert planner in 1959, remarking that
although one might wish the zoning along the Post Road was
of a different nature, it had been so zoned for a very long
time. When one buys property abutting a business zoned
district one takes a certain amount of chance, he continued,
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but he could see where it was possibly wrong not to have
specific conditions for eating places such as those for
gas stations, etc. He further pointed out that when a per-
mit falls within the terms of the Zoning Ordinance, there
is no basis for notification to anyone as no hearings are
required since no variance is needed, etc. It is indeed
difficult because much as we understand what you people
in the area are saying, Kentucky Fried Chicken is legally
permissable in this location. The Building Inspector and
the Engineer examined the plans and found that they met
all requirements so they had no choice except to issue the
permit, he concluded.
Mrs. Price --
Mrs. Price then stated that even though the applicant met
all requirements for issuance of the permit, in view of
the other conditions obtaining here was there not something
this Board could do to revoke the permit?
Mr. Bloom asked whether he was correct in thinking that
what you are asking is whether there is any way out of this?
If so, as the Supervisor has said, the Attorney will examine
the plans, study all documentation and research the law so
as to advise the Board of anything that it might be possible
for it to do.
Mrs. Ann Geary - 91 Carleon Avenue
Mrs. Geary, Chairman of Health and Safety of the Central
School P.T.A. , read for the record a letter opposing this
proposal which had been addressed to the Supervisor under
date of March 31st by Mrs. Rhoda H. Krell, the President,
and herself, which she requested be made a part of the record
of this meeting and which was thereupon so directed.
Mrs. A. Ernest Fuhrmann - 11 Winthrop Avenue
Mrs. Fuhrmann stated that she knew the A.A.A. had been in
the area with Chief O'Brien today but called to attention
certain traffic conditions always existing on Winthrop
Avenue to the effect that all traffic takes the shortest
route - even including policemen, thus cutting through
Winthrop. With Kentucky Fried Chicken this would be
increased and since she had two children, she requested
urgently that if this Board could do anything about this
permit it be done without delay. She also called attention
to ineffectual traffic signs and said that the residents
would also appreciate anything that could be done about
such signs -- suggesting that perhaps Winthrop Avenue
could be made a deadend street.
The Supervisor assured Mrs. Fuhrmann that Mr. Petrillo
was conducting a study in the area to see what could be
done in the matter of signing, changing traffic patterns,
etc., and that the Board would certainly make every
effort to implement any recommendations it received.
Mr. Alvin E. Heutchy - 7 Howell Avenue
Mr. Heutchy stated that he did not live in the area directly
affected but was a resident of the Howell Park area and
wished to register his complaint about the proposed type
of operation. He said he was particularly interested in
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Mr. Bloom's remarks, asking whether it was not true that
the Board had police powers and could over-ride the Zoning
Ordinances? Mr. Bloom explained that this was not so but
the Board did have the power to do everything it could to
safe-guard ingress and egress and parking spaces, etc. in
a proposed business use. He further stated that he had not
looked into Kentucky Fried Chicken but emphasized that he
wished to make it clear that the Zoning Ordinance meant
what it said and that he would seriously doubt that the
Board woula have any grounds which would give it the right
to stop the operation or revoke the permit.
Mr. Fuhrmann --
Mr. Fuhrmann stated that he had three questions to ask re-
garding the issuance of the permit which were as follows:
1. What traffic survey was taken?
2. What the potential traffic turn-over of Kentucky
Fried Chicken was?
3. What the increase traffic hazard to children
walking to and from school in this area would
be?
In reply, the Supervisor stated that the Town has had a
great many surveys taken in this particular area and that
the Chief has run many counts, the detail of which she did
not have with her this evening but which she would certainly
get.
Mr. Fuhrmann --
Mr. Fuhrmann asked whether any survey had been taken since
--- the schools were built and before this permit was issued?
We know that there are 225 children who cross the road on
foot and 100 to 150 who go to school by bicycle and by
automobile.
The Supervisor --
In reply to these questions the Supervisor stated that:
1. She did not know of any such study by the
A.A.A. or State Traffic Department.
2. She did not know what the volume of traffic
turn-over would be in the Kentucky Fried
Chicken operation but understood that the
volume of its business occurred later in the
day.
3. That she believed this would be difficult to
determine prior to the opening of the proposed
building.
Mr. Fuhrmann --
Mr. Fuhrmann asked whether Kentucky Fried Chicken was open
during the lunch hour? It was stated that the exact hours
of operation were unknown.
- 13 - '
4
Mr. Fred Anderson - 129 Carleon Avenue
Mr. Anderson said he had not attended many meetings of this
Board although some, and that he felt when problems were
presented to this Board, the members of which are our
representatives, this Board did not help the residents.
The Supervisor --
The Supervisor said she was sorry the Board had given that
impression since it had said it would look into this at
once and have the Attorney determine whether there were
any grounds on which this Board could take action.
Councilman Bloom --
Mr. Bloom added to the Supervisor's remark that apparently
this was something that had been done in compliance with
the Zoning Law but emphasized again that pending the
Attorney's determination this Board did not know of
any action it legally could take.
Anderson --
Mr. Anderson then repeated that this Board had police power
that it could use to stop this proposed building and that
if one child was killed that would certainly stop it.
In reply the Board once again stressed that this matter
would be given top priority by the Attorney.
Mr. Anthony Bidden - 4 Harmony Drive
Mr. Bidden said that he wished to go on record as strongly
endorsing what has been said here this evening in protest
to the proposal and emphasized the extreme hazard to the
school children. He said that he found it hard to believe
that this becomes a legal problem and that when there is
a danger to children, surely there are steps that can be
taken to prevent such a project.
Mr. Emil A. Meyer - 17 Winthrop Avenue
Mr. Meyer stated that the Board had already referred to the
many hazards that do exist and asked why add to them and
what was going to be done about it? This was answered to
the effect that the Board must wait for the Attorney's
determination before taking any action in this matter.
Mrs. Price --
Mrs. Price stated that Kentucky Fried Chicken was a 65%
take-out business which meant that 14 parking spaces would
be inadequate for the traffic flow at lunch and dinner hours.
She said there were two lunch hour periods at Hommocks School
runring from 11:30 to 1:30 at which time all of this Post
Road area was at its busiest traffic-wise.
- 14 -
Mrs. DiFiore --
Mrs. DiFiore said she had written Mr. Pisani requesting him
to have the State Traffic Commission make the traffic sur-
vey which she understood was required prior to any permit
being issued -- which letter, together with reply, she re-
quested be read and filed herewith as part of the record
of this meeting.
This was so ordered but with the record noting that the cor-
respondence referred to had not been received from Mr. Pi-
sani's office and was as taken in dictation from that of-
fice on the telephone this afternoon.
Mr. Fuhrmann --
Mr. Fuhrmann asked how much more information the Board
needed.?. He further stated that in addition to all of this,
there was a rise in the Post Road right at the place where
cars would have to make a left turn to enter Kentucky Fried
Chicken which would certainly be highly dangerous. He also
called attention to the existing conditions in this area of
the road - citing in particular, the car-leasing place,
Bose & Parker, the traffic itself including trailer-trucks,
boat-trucks, etc.
Mr. Sandy Litchenstein - Attorney
Mr. Litchenstein, attorney representing Mr. Richard
J. Martinetti of 8 Winthrop Avenue, stated that far more
important than any Zoning Ordinance was the public safety
-- of the Town, and that while it might be technically true
that the application complied with all of the require-
ments of the Zoning Ordinance, neither proper buffering
nor separation from adjacent residential properties was
provided. He therefore requested that the applicant be
required to erect a fence which would close in its
premises including the parking area, and in the interest
of safety, he also urgently requested the removal of the
exit on Winthrop Avenue.
Mrs. Mary Ann Irwin - 15 Alden Road
Mrs. Irwin stated that although she was not directly affected
by the proposed Kentucky Fried Chicken building, her property
had been redistricted from the Chatsworth Avenue to the
Central School, thus now affecting her children directly.
She said she knew that the A.A.A. had come at 3 p.m. today
when the Central School was out at 2 p.m. and that this
would never portray an accurate count. She asked whether
the fact that two schools had filed protests was not enough
to warrant action? Mr. Bloom, she continued, had pointed
out the problem in the immediate area but far more than the
immediate area was affected as had been demonstrated by the
receipt of objections from Chatsworth P.T.A, Central P.T.A. ,
and the Howell Park Association. There is also one person
who could not be here tonight, she continued, the Presi-
dent of the Boston Post Road Association, who would
- 15 -
have appeared in objection. Our pleas cannot be ignored -- we
do not want Kentucky Fried Chicken in our community and we
urge you to stop all work at least until the traffic study is
completed.
The Supervisor --
Mrs. Helwig repeated that as had been said, the Attorney
would take an immediate look at all of the evidence and law,
and report thereon as quickly as possible to the Board as
to what action, if any could be taken.
Councilmen Vandernoot and Faiola --
Councilman Vandernoot said the $64.00 question was - is it
possible to take any action until the Attorney has had the
opportunity to study the petitions and research the law?
Councilman Faiola stated that all present had made it very
clear how they felt and what they were saying to this Board
was for the Board to take whatever steps possible to stop
this construction. He alluded to the many steps taken when
the sidewalk was built along Weaver Street and stated that
he was sure the same efforts would be exerted to do anything
legally possible to keep the people pleased and happy.
Councilman Nagel --
Will the Town Attorney please answer-Councilman Vandernoot's
question?
Mr. Johnston --
No - not until proven wrong, as applicant in acquiring build-
ing permit has acquired certain property rights which cannot
be violated because certain persons want work stopped if
the permit has been legally issued.
Mr. Delius - Attorney
Mr. Delius stated that yesterday he was asked by the people
who hold this permit to come here this evening since they
were concerned about any idea of its being rescinded. What-
ever the Board might do, please do it quickly, he asked,.as they
have obtained their permit and naturally are anxious to go
ahead with the work.
Mr. Bloom
Mr. Delius is there anyone here who can give us information
about this operation?
Mr. Delius replied - not as far as he knew as he believed
only the construction man was present.
In reply to a second question he stated he believed the curb
cut had been approved.
Mr. Bloom then suggested that the owners of the property be
asked to make available certain specific information about
the operation of the restaurant which Mr. Delius said he
would be glad to get as quickly as possible.
- 16 -
1_
Mr. William F. Gartland - 3 Winthrop Avenue
Mr. Gartland stated the blasting had started and that a child
could be killed. Also he stated he had an invalid wife who
had to sit in a chair all day and suffer the noise and stink
of this operation.
Mr. Cleary --
Mr. Cleary stated that as a resident of the Town of Mamaro-
neck he felt that in this instance the Board had not been
on its toes in protecting the best interests and safety
of the residents.
Again Councilman Bloom referred to the up-dated Ordinance, its
review by Raymond & May in 1966, and to the traffic studies
which had been made for just that purpose.
Mr. Heutchy --
Mr. Heutchy asked whether the only resort these people had
was to go to the court? This question, Mr. Bloom replied,
could not be answered until the Town Attorney made his study
and determination.
The Town Attorney --
The Attorney, supplementing Councilman Bloom's remarks, said
that he wished to make it very clear to all concerned that
until he had the opportunity to study the documentation pre-
sented this evening and research the law thoroughly, he was
unable to say to what agencies an appeal could be taken.
Mrs. Emil A. Meyer - 17 Winthrop Avenue
Mrs. Meyer said she thought most of the business area in the
Town had been allowed to develop in a hodge-podge fashion --
and that if Kentucky Fried Chicken were permitted, it would
only add to the already hodge-podge situation.
The Supervisor recalled to Mrs. Meyer that the Town had gone
to court some years ago in an attempt to have Mr. Novak's
zoning changed from 200 feet to 100 feet in depth and that
the Town had lost the appeal. While this zoning for business
may not be much liked, she said, it is zoning of long long
standing and very difficult to have changed.
The Supervisor --
The Supervisor noted that the Town would welcome whatever
recommendations might be made by the State Traffic Commis-
sion, calling to attention the fact that right now the
State was widening that part of Weaver Street near the Bon-
nie Briar Country Club in order to affort better protection
and safety for both vehicular and pedestrian traffic --
which was determined by the State after it made its study
at the Town's request.
She then thanked all for coming and sharing their thinking
and views with the Board and again stated that this matter
would be given first priority.
- 17 -
NEW BUSINESS
1. Request of Assessor for Engagement of
a Part Time Appraiser for the Purpose of
Appraising all New Construction for the
1971-72 Tentative Assessment Roll to be
Completed June 1st, 1971.
The Supervisor spoke of the need for temporary assistance
for completion of the Tentative Assessment Roll, and thus
pursuant to a memorandum addressed to the Board by Mr. Doyle
under date of April 6th, 1971, which was herewith ordered
received and filed, on motion by Councilman Faiola, seconded
by Councilman Vandernoot, it was unanimously
RESOLVED, that this Board hereby authorizes the
engagement of Mr. Val W. Langer, Professional Appraiser,
to assist the Assessor in preparing the 1972 Tentative
Assessment Roll, from on or about April 15th to June lst,
1971, at a fee of $50.00 per day plus car mileage of
10c per mile.
2. Conservation Request for Temporary Employment
Dave Sleeper and John Eney
Pursuant to memorandum of Mr. Leddy under date of April 6th,
1971, herewith presented and ordered received and filed, on
motion by Councilman Vandernoot, seconded by Councilman Nagel,
it was unanimously
RESOLVED, that as recommended and approved by the
Conservation Advisory Committee, this Board hereby
authorizes the engagement of John Eney and David
Sleeper for the week of April 12th through April
16th, eadh. to: be compensated at the rate of $2.25
per hour.
3. Authorization to Advertise for Bids -
Sewer Television Inspection
Pursuant to memorandum addressed to the Board by the Town
Engineer under date of April 1st, 1971, herewith presented
and ordered received and filed, and following Councilman
Vandernoot's question as to whether we had run into a dead-
end on purchasing a joint camera and reply in the affirma-
tive, each municipality preferring different equipment,
on his motion, seconded by Councilman Faiola, 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 April 21st, 1971, and opened and read
aloud at a regular meeting of this Board at 8:15 p.m.
on that date, for television inspection of various
Town-owned sewers, in accordance with the specifi-
cations set forth in the Notice, provided that the
said specifications have been approved by the Town
Attorney prior to the publication of the aforesaid
Notice for Bids.
- 18 -
4. Authorization of Funds for
Survey of Old White Plains Road
Pursuant to memorandum addressed to the Supervisor by the
Town Engineer under date of April 5th, 1971, herewith ordered
received and filed, and following the Supervisor's explana-
tion that this was for the section of Old White Plains Road
near the Karmel property, on motion by Councilman Faiola,
seconded by Councilman Bloom, it was unanimously
RESOLVED, that this Board hereby accepts the bid of
the low bidder, Gabriel E. Senor, P.E.L.S., for
making surveys at the intersection of Old White
Plains Road and Wesleyan Avenue, for a fee of
$500. , said expenditure to be charged to the
Engineer's budget.
5. Authorization - Membership Westchester
Municipal Planning Federation
Upon presentation of a bill for membership in the Westchester
Municipal Planning Federation for the calendar year 1971,
it was on motion by Councilman Faiola, seconded by Council-
man Bloom, unanimously
RESOLVED, that this Board hereby authorizes payment
of the annual dues in the amount of $25.00 for the
Town of Mamaroneck membership in the Westchester
Municipal Planning Federation.
6. Salary Authorizations - Recreation
Pursuant to memorandum of the Superintendent of Recreation
under date of April 1st, 1971, herewith presented and ordered
received and filed, on motion by Councilman Vandernoot,
seconded by Councilman Nagel, it was unanimously
RESOLVED, that as recommended by the Recreation
Commission, this Board hereby authorizes that the
following Recreation personnel be engaged and
compensated as set forth below:
Effective
Name Title Date Salary
Ronald Kimmey
John Perri
Al Novello
Rec. Attendant 4/1/71
If u n
I if u
7. Appointment - Board of Review
$ 1.85 per hour
It It it
I n n
The Supervisor advised the Board that Mr. William G. Massey,
Jr. of the unincorporated arm and Mr. William H. Johnson of
the Village of Mamaroneck, who had served on the Board of
Review for many years, would be able to serve again this
year but that unfortunately, it was necessary to fill the
vacancy created by the sad death of Bob Mac Callum last
winter.
She further stated that Mr. William N. Steinam of 19 Locust
Avenue, who was extremely qualified to serve in this particu-
lar post, had been contacted and very graciously agreed to
- 19 -
�i
accept this assignment and thereupon inquired the Board's
pleasure in the matter of appointing the 1971 Board of
Review.
Councilman Faiola stated it would be a great pleasure to
place in nomination the name of William G. Massey, Jr.
from the unincorporated area and Councilman Nagel with
pleasure placed in nomination the name of William H.
Johnson from the Village of Mamaroneck. Messers Faiola
and Nagel highly commended the work of these two gentlemen
during the years they had served the Town in this post,
particularly emphasizing their astute knowledge and under-
standing of the community and their unique qualifications
to serve on this Board.
Councilman Vandernoot then stated it would be his privilege
and pleasure to place in nomination the name of William N.
Steinam for appointment as the third and Village of Larch-
mont area member of the Board of Review and briefly recounted
his qualifications and experience.
The Supervisor inquired whether there were any further nomina-
tions and since there were not, on motion by Councilman Vander-
noot, seconded by Councilman Faiola, it was unanimously
RESOLVED, that the nominations be and they hereby are
closed.
And thereupon, on motion by Councilman Vandernoot, seconded
by Councilman Faiola, it was unanimously
RESOLVED, that pursuant to Section 529 of Chapter 852
of the Laws of 1948 (Westchester County Administrative
Code), Messrs. William G. Massey, Jr. of the unincorp-
orated area, William H. Johnson of the Village of
Mamaroneck and William N. Steinam of the Village of
Larchmont, resident taxpayers of the Town of Mamaro-
neck, be and they hereby are appointed members of
the Board of Review for the year 1971, to sit on
Tuesday, Wednesday, Thursday and Friday, June 15th,
16th, 17th and 18th, 1971, from 10 a.m. to 12 o'clock
noon and from 1 p.m. to 4 p.m. daily, and each to be
compensated at the rate of $75.00 per day but not to
exceed the total sum of $300.00;
and be it further
RESOLVED, that the appointees be notified accordingly.
8. Application for Special Permit -
Auto Glass & Repair Shop
2430 Boston Post Road
The application of Donald Ritacco for a Special Permit for
the construction of a building to house an auto glass and
collision repair shop on the property located at 2430 Boston
Post Road was herewith presented and pursuant to Section 432
of the Zoning Ordinance, referred to the Planning Board for
report to this Board prior to fixing the date for a public
hearing thereon.
Councilman Faiola suggested that a copy of the plan for the
proposed building be forwarded to each of the members of
- 20 -
the Board and that each personally look at the property
concerned prior to the next meeting.
9. Salary Authorizations
1. Police
Pursuant to memoranda of the Board of Police Commissioners
under date of March 31st and the Police Chief, dated April 1st,
1971, herewith presented and ordered received and filed, on
motion by Councilman Nagel, seconded by Councilman Vandernoot,
it was unanimously
RESOLVED, that this Board hereby approves the appoint-
ments of Patrolman William O'Rorke as Sergeant effective
April 8th, 1971, to be compensated at the rate of $11,585.
per annum and Sergeant Robert M. Barash as a Detective
effective April 8th, 1971, to be compensated at the rate
of $12,100. per annum.
2. Telephone Operators
Pursuant to memoranda addressed to the Board by the Comptroller
under date of March 31st, 1971, herewith presented and ordered
received and filed for the record, on motion by Councilman
Faiola, seconded by Councilman Vandernoot, it was unanimously
RESOLVED, that this Board hereby authorizes that the
hourly salary rate paid to Miss Marian Kolb, temporary
replacement for telephone operator Helen Kirvin, be
changed from $2.75 to $3.00 per hour, effective
March 22nd, 1971.
And on motion by Councilman Nagel, seconded by Councilman
Bloom, it was unanimously
RESOLVED, that this Board hereby authorizes the
engagement of Mrs. Helen L. Carriero as part time
telephone operator, temporary replacement for
Helen Kirvin, effective March 29th, 1971, and to
be compensated at the rate of $3.00 per hour.
In reply to the Board's question it was explained that
Mrs. Kirvin has been on leave without pay since March 15th,
1971 and Miss Kolb and Mrs. Carriero are serving as part
time replacements.
COMMUNICATIONS
1. Letter - Central School P.T.A.
2. Letter - Howell Park Association
The Supervisor explained that these two items had been read
and filed as part of the Kentucky Fried Chicken discussion
earlier this evening.
3. Letter - Robert Benkwitt, Jr.
Explorer Post Nine
The Supervisor stated that each member of the Board had been
- 21 -
furnished a copy of Robert Benkwitt's letter and inquired
its pleasure in the matter of granting Explorer Post Nine's
request to paint and sell numbers to residents in the Town
area.
Whereupon on motion by Councilman Faiola who remarked on
the fine service and help this program would be to the
residents of this community, seconded by Councilman Nagel,
it was unanimously
RESOLVED, that this Board hereby grants the request
of Explorer Post Nine, Town of Mamaroneck Fire Depart-
ment, to paint and sell numbers to the residents through-
out the unincorporated area of Mamaroneck.
4. Earth Week Proclamation -
Governor Nelson A. Rockefeller
A letter addressed to the Supervisor by the Governor of the
State of New York, Nelson A. Rockefeller, proclaiming
April 19th through 25th as Earth Week in New York State
was presented and thereupon on motion by Councilman Nagel,
seconded by Councilman Vandernoot, it was unanimously
RESOLVED, that this Board hereby proclaims April
19th through 25th as Earth Week in the Town of
Mamaroneck, in accordance with the proclamation
of Nelson A. Rockefeller for the State of New
York.
In reply to Councilman Faiola's remark that it would be
appropriate to redistribute notices regarding rubbish
collection since at this time of the year it piles up on
Saturday and sometimes it is not collected until the follow-
ing Friday, the Supervisor advised that the Highway Super-
intendent had anticipated this and that notices were presently
being printed and would be distributed house to house within
the next several days, with police warnings following up
wherever the regulations are not complied with.
5. Appointments to
C.A.P. Board of Directors
The Supervisor requested Councilman Nagel to report on the
letter addressed to her by CAP under date of March 24th
requesting the appointment of the Directors from the Town
for the coming year.
Councilman Nagel after explaining that, of the five Directors
of the Town, two are from this Board and three from the
unincorporated area, stated that he would like to place in
nomination for appointment the same persons named - all of
whom had indicated their willingness to continue serving
and all of whom had given outstanding service throughout
their tenure of office. He further remarked that he was
sure that all of these persons had enjoyed this assign-
ment as much as he had and that it was to be hoped the
group would be reappointed as he then so moved. Councilman
Vandernoot seconded the motion and it was thereupon unani-
mously
RESOLVED, that this Board hereby authorizes the
following appointments to the Community Action
22 -
�f
Program Board of Directors for the coming year:
Supervisor Christine K. Helwig
Mr. Winfield H. James
Councilman Carl-E. Nagel, Jr.
Mr. Maury P. Medwick
Mr. Jordan H. Wine
The Board directed that C.A.P. be notified accordingly.
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
March 1971.
Report of the Receiver of Taxes and Assessments
for the month of March 1971.
Report of the Building and Plumbing Inspector for
the month of March 1971.
Report of the Westchester Shore Humane Society for
the month of March 1971.
Report of the Municipal Dog Patrol for the month
of March 1971.
Affidavits of Publication and Posting of the amendment
of Section 554 of the Zoning Orcinance of the Town of
Mamaroneck entitled "Fee for Advertising Hearing".
Report of the Superintendent of Highways reporting
the bids and award of contract for materials to be
used on Town roads for the period April 1st, 1971
through March 31st, 1972.
Report of the New York State Commission of Correction
on the Town Lockup. The Clerk reported that he had
notified Chief O'Brien of the recommendation carried
in the aforesaid report under date of March 22nd, 1971.
Report of the State Department of Audit & Control -
Annual Report of the Town of Mamaroneck for the
year ended December 31st, 1970.
The Supervisor --
1. Letter, Supervisor Russo -
Re: Utility Taxes
The Supervisor called to the Board's attention a letter
under date of March 26th, 1971 addressed to her by Nicholas
Russo, Supervisor of the Town of Greenburgh, requesting the
Town's support in getting passage of additional bills (S773
and A665) which would amend town law to permit suburban towns
to tax the gross revenue of utility firms the same as cities
and villages are now permitted to do.
- 23 -
She stated that she brought this to the attention of the
Board at this time since the relief if granted could be
substantial and so that she could ascertain whether the
Board wished to write to the State Legislators in support
of the aforesaid bills.
Whereupon the Board being unanimously in accord with the
passage of such legislation into law, on motion by Council-
man Bloom, seconded by Councilman Faiola, adopted the fol-
lowing resolution:
- - RESOLVED, that this Board hereby endorses and
reinforces in principle the bills known as 5773
and A655 introduced by Senator John E. Flynn and
Assemblyman Alvin M. Suchin and urges that all
honorable means be used to secure the passage of
these bills into law.
2. State Board of Equalization & Assessment
Exemption Railroad Property Transferred to M.T.A.
For the Board's information the Supervisor reported receipt
of a letter addressed to the Mayors, Supervisors and Assess-
ors of municipalities by the State Board of Equalization
and Assessment advising that in the Town of Mamaroneck
there would be no railroad ceilings on the Penn Central
railroad transportation property acquired by the M.T.A. ,
which had been noted on the Town records as of January 1st,
1971.
3. Appointment - Ethics Committee
The Supervisor called to the Board's attention the fact
that the expiration of Councilman Bloom's term on the
Ethics Committee had been accidently overlooked and that
she was hopeful that he would accept appointment to serve
until December 31st, 1971 in accordance with the Code.
Councilman Bloom accepted the appointment after explaining
that it had been hoped that a person from the Town staff
would be appointed in this particular spot and thereupon
on Councilman Nagel's motion, seconded by Councilman Vander-
noot, it was unanimously
RESOLVED, that Councilman Lee H. Bloom be and he
hereby is appointed a member of the Code of Ethics
Committee to serve until December 31st, 1971.
Not on Agenda
4. Report - State Aid Loss
The Supervisor explained very briefly that Mr. Altieri and
she had been trying to find out just how much loss there
would be to the Town from the State budget cuts and that
in the meantime she had requested all departments to study
and report how they could effectuate savings in their depart-
ments.
Councilman Nagel inquired whether Mr. Altieri or Mrs. Helwig
could give the Board an approximate minimum or maximum figure.
The Supervisor replied that she believed the Per Capita State
Aid would be cut from 21% to 18% and accordingly that the
Town would lose 8% of what it had expected. The Comptroller
added that the revenue had gone from 87% to 67% but that he
- 24 -
had figured this revenue at 57% in preparing the estimated
budget.
The Supervisor also noted that some of the programs that
had been cut, such as Senior Citizens, would not affect
the Town but that the beautification program would
definitely be eliminated this year.
The Councilmen --
Mr. Faiola --
1. Recommendations for Fire Liaison Committees
Pursuant to Councilman Faiola's recommendation in response
to Mr. Laverty's request for the Liaison Committees, in
accordance with the Agreement with the Paid Firemen's
Association, on his motion, seconded by Councilman Bloom,
the following resolution was unanimously adopted:
RESOLVED, that this Board hereby appoints the
following Committees pursuant to Sections 8,
12 and 23, Paragraph 4, respectively of the
Agreement between the Town of Mamaroneck and
the Town of Mamaroneck Paid Firemen's Associ-
ation, Local 898:
Fire - Labor - Management
Councilman Raymond P. Faiola
Councilman Lee H. Bloom
Chief Dominick Forti
Department Rules
Chief Dominick Forti and
persons appointed by him
Dental and Eve Plan
Joseph Altieri, Comptroller
James J. Johnston, Attorney
Dominick Forti, Chief
Not on Agenda
Traffic Light - Dean Place
Councilman Faiola again recommended that the State be requested
to review the situation regarding the installation of a traffic
light at Dean Place in consideration of the fact that there
were many, many requests for this installation.
Mr. Vandernoot --
1. Apportionment
Upon presentation of the following apportionment, on motion
by Councilman Vandernoot, seconded by Councilman Bloom, the
following resolution was unanimously adopted.
- 25 -
K+0
WHEREAS, the Assessor has presented petition 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 1970-1971,
taxes of 1971, which shows property now appearing
on the rolls as follows :
Block Parcel Name
Land Imp. Total
902 353 T & C Builders, Inc. $4,300. $7,300. $11,600.
be
corrected as follows in accordance with the
provisions
of subdivision 5
of Section 557:
Block
Parcel
Name
Land Imp.
Total
902
353
Clyde McWilliams
& W $2,300. $7,300.
$ 9,600.
902
441
T & C Builders,
Inc. 2,000. --
2,000.
Mr. Bloom --
1. Appointment - Conservation Advisory Committee
Councilman Bloom recalled to the Board Mr. Alan Weeden's
resignation as a member of the Conservation Advisory
Committee and placed in nomination for appointment to the
vacant sett the name of Thomas R. Amlicke who had been
highly recommended to fill this post, which he thereupon
so moved.
The motion was seconded by Councilman Nagel and the follow-
ing resolution thereupon unanimously adopted:
RESOLVED, that this Board hereby appoints
Mr. Thomas R. Amlicke a member of the Con-
servation Advisory Committee of the Town of
Mamaroneck, effective as of this date, to
fill the vacancy created by Mr. Alan Weeden's
resignation and to serve for the remainder of
Mr. Weeden's unexpired term of office, or until
December 31st, 1971;
and be it further
RESOLVED, that the appointee be notified accord-
ingly.
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At this time, Councilman Bloom also briefly reported on
the very large all-day meeting attended by the Supervisor
and himself last Saturday in White Plains held by the
Metropolitan Regional Council and the Regional Planning
Association on "The Future of Westchester", commenting that
it had been both an interesting and enlightening session
with certain of the documentation presented quite challeng-
ing to the County.
He further stated, going back to the earlier discussion on
the proposed Kentucky Fried Chicken building, that he would
like to suggest that the Planning Board and Town Attorney
be requested to give consideration and study to the Zoning
Ordinance regarding the types of businesses requiring
special permits with a report thereon to this Board.
Councilman Nagel commented on the excellence of this sug-
gestion providing a time limit was set for the report's
submission, which after some discussion, was then fixed
for June 30th. The Supervisor, who was requested to so
notify Mr. Maggini, stated that she would do so and, with
the Board's agreement, suggested that further proposals or
recommendations for changes in the Ordinance be made by
the Planning Board, Engineer or Building Inspector so that
all suggestions could be submitted in one package on that
date.
The Town Attorney --
1. Report - Larchmont Library
The Attorney reported that he had received word from
Mr. Dikeman that his firm had reviewed the Charter of the
Larchmont Library and was now in a position to approve the
financing of the new building which was to be shared by the
Village of Larchmont and the Town of Mamaroneck and to be
accomplished by the establishment of a joint library by way
of contract between the said Village and Town. He stated
that Mr. Forbes had been advised of this decision and in
reply to the Supervisor's question of whether the contract
was to be drawn by Mr. Forbes and himself, replied, "probably"
I.-00IM&NMUN
There being no further business to come before the meeting,
on motion duly made and seconded it was declared adjourned
at 10:47 p.m. , to reconvene on April 21st, 1971.
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 Nagel, it
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was unanimously
a
RESOLVED, that the following Fire Department claims
be and they hereby are approved, and the Supervisor
and Comptroller authorized to pay the same out of
the Fire Department budget:
Best Uniform Co. , Inc.
Con Edison
Con Edison
Excelsior Auto Garage & Machine
Works, Inc.
Exterminating Services Corp.
Charles Greenblatt Company
Knapp King-Size Corp.
0. Mueller, Inc.
New York Telephone
Signacon Controls, Inc.
Westchester Joint Water Works
Wesco Fire Equipment & Service
Whiffen Electric Co.
2. Reports
$ 70.80
170.62
5.00
153.52
7.00
53.50
251.86
43.52
10.92
37.50
29.73
23.10
275.00
Total. . . . . . . . . . . . . .. .. . . $1,132.07
Commissioner Faiola presented the Fire Report for the
month of March 1971, which was ordered received and
filed for the record.
3. Other Business
a) Fire Chief
The Chief advised the Commission that he was happy to
report that all of the sirens had been fixed, that a letter
had been addressed to Mr. Straub, Manager of the Water
Works, requesting that all fire hydrants be painted and
that Mr. Santoro had now conducted and completed many in-
spections throughout the Town.
4. Adjournment
There being no further business to come before the meeting,
on motion duly made and seconded, it was declared adjourned
at 11 p.m. , to reconvene on April 21st, 1971.
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