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HomeMy WebLinkAbout1970_11_04 Town Board Minutes MINUTES OF A REGULAR MEETING OF THE TOWN BOARD OF THE TOWN OF MAMARONECK, HELD NOVEMBER 4th, 1970, IN THE COUNCIL ROOM OF THE WEAVER STREET FIREHOUSE, WEAVER STREET, TOWN OF MAMARONECK. CALL TO ORDER The Supervisor called the meeting to order at 8:15 p.m. ROLL CALL Present: Supervisor Helwig Councilman Faiola Councilman Nagel Councilman Vandernoot Councilman Bloom Absent: None Also Present: Mr. Gronberg - Town Clerk Mrs. Brewer - Deputy Clerk Mr. Johnston - Town Attorney Mr. Aitchison - Highway Superintendent Mr. Altieri - Comptroller Mr. Paonessa - Building and Plumbing Inspector Mr. Widulski - Town Engineer _ APPROVAL OF MINUTES The minutes of the regular meetings of October 7th and October 21st, 1970 were presented, and on motion duly made and seconded, approved as submitted. OPENING OF BIDS A) Roadway Shoulder Area Improvement Weaver Street The Clerk presented the Affidavit of Publication of the Notice for Bids for the record and opened and read aloud the follow- ing bids reporting receipt of correct bid check or bond and the non-collusive statement signed in each case. Bidder Bid Pinnacle Construction Corporation $ 6,420. Bilotta Construction Corporation 5,350. Felix Contracting Corporation 8,100. In the interest of time, Councilman Vandernoot recommended that the usual procedure in the award of bids be followed and there- upon on his motion, seconded by Councilman Faiola, it was unani- mously RESOLVED, that this Board hereby accepts the bid of the low bidder, to-wit that of Bilotta Construction - 1 - Corporation, in the amount of $5,350. for Roadway Shoulder Area Improvement - Weaver Street, in accordance with the specifications set forth in the Notice for Bids, provided that upon examina- tion by the Engineer, Attorney, Comptroller and Superintendent of Highways, said bid is found to be satisfactory in all respects; and be it further RESOLVED, the Clerk be and he hereby is directed to return the bid checks or bid bonds to all except the successful bidder. b) Renovation Croll House for Town Court The Clerk presented the Affidavit of Publication of the Notice for Bids for the record and opened and read aloud the follow- ing bids reporting receipt of correct bid check or bond and the non-collusive statement signed in each case. Bidder Bid Reno General Construction Corp. $21,877. Romani & Picco, Inc. 19,700. G. N. Gironda, Inc. 14,200, The Supervisor after explaining that all bids submitted were in excess of the estimates, recommended that they be referred to the Engineer, Comptroller and Town Justices for study and report at the next meeting, which was accordingly so ordered. PUBLIC HEARING - Appeal of Castro Convertible On motion by Councilman Faiola, seconded by Councilman Vander- noot, it was unanimously RESOLVED, that the public hearing be and it hereby is declared open. The Clerk presented the Affidavit of Publication of the Notice of Hearing for the record and read aloud the report of the Building Inspector under date of October 5th, 1970, which was herewith ordered received and filed as part of the record of this hearing. The Supervisor inquired whether any member of the Board had any question, and since no one did, stated that first those in favor of the application would be heard -- then those in opposition, whereupon the following persons addressed the Board: In favor: Mr. James Rhatigan of Castro Convertible Mr. Rhatigan stated that the reason Castro was asking for this particular sign was for clarification of the location of the entrance to the building especially for traffic traveling from west to east on the Boston Post Road since - 2 - the entrance side of the building was not visible to those coming from that direction. He explained that he was the manager of the New Hyde Park Division and therefore might not be as well locally-oriented as desirable but understood this to be the applicant's hardship for the requested variance. The Supervisor inquired of Mr. Rhatigan whether he felt it impossible to identify the entrance from the parking lot, to which he replied in the negative pointing out that, as he understood the situation, there was no confusion once in the parking lot -- but rather only in the case of entering the lot from the westerly direction. She reminded Mr. Rhatigan that this sign had been requested once before and had been denied and that Castro had then fenced in its parking area thus completely eliminating any confusion which had existed when the parking lot jointly serviced Cook's and Castro's. Councilman Bloom then reviewed all of the circumstances of the past applications in detail and recounted the provisions of the sign ordinance specifically prohibiting the erection of any sign except on the front face of a building. He further pointed out that under the Ordinance it was possible to have a free-standing sign which could be erected in the parking lot at any selected location and certainly thus eliminate confusion as to the entrance to the building. The Supervisor then again inquired whether any member of the Board had any further question or comment, whereupon Councilman Faiola stated that it would seem to him such a free-standing sign might be more advantageous than an entrance sign over the doorway since it would direct traffic into the parking lot entrance. -- Mr. Michael Gautieri of Neptune Sign Company, upon recognition, then addressed the Board to ask whether the free-standing sign would be in addition to the two signs now existing -- whether it could be illuminated, whether it could be double- faced, whether it could be erected near the entrance to the building or in any location chosen and whether it could have a directional arrow under the provisions of the Ordinance? In reply, Mr. Paonessaassured Mr. Gautieri that provided the sign was not more than 5-square feet, it could be erected in addition to the two presently existing signs, could be illuminated, could be double-faced, and located in the park- ing lot near the entrance to the building or wherever desir- able to Castro, and lastly, could have a directional arrow. Since, upon the Chair's inquiry, no one else wished to be heard either in favor or opposition to the application, it was on motion by Councilman Nagel, seconded by Councilman Faiola, unanimously RESOLVED, that the hearing be and it is hereby declared closed. The Supervisor then inquired the pleasure of the Board in this matter, and thereupon on motion by Councilman Vandernoot, seconded by Councilman Bloom, the following resolution was adopted by unanimous vote of the Board, all members being present and voting aye: 3 — �n WHEREAS, Castro Convertible Corp. , as owner of property known as 1289 Boston Post Road and more particularly set forth on the Tax Map of the Town of Mamaroneck as Block 412 - Parcel 487, has submitted to the Building Department an applica- tion to erect an entrance wall sign having an area of 9 square feet above the entrance door at the northeasterly side of the building which is non- conforming with Section 8 (a) of the Sign Ordinance; and WHEREAS, said application was denied by the Building Inspector on the grounds that wall signs are permitted only on the front face of the building; and WHEREAS, the appellant submitted on the grounds of hardship as his reasons for seeking said variance so as to permit the erection of the said wall sign, the following: 1. that the building which fronted on the Boston Post Road had only one entrance to its parking lot on the northeasterly side which therefore was not visible to traffic traveling on the Boston Post Road from west to east; 2, that the two free-standing signs on the premises did not sufficiently identify the location of the entrance to the parking lot and building; and WHEREAS, this Board has reviewed the application, appeal, plans, and the property, and has heard all persons interested after the publication of Notice of Hearing, held by this Board on November 4th, 1970; NOW, THEREFORE, BE IT RESOLVED, that this Board denies the appeal for reversal of the Building Inspector's denial of the application of Castro Convertible Corp, for a variance of the Sign Ordinance (Article 19 - Sections 8 (a) and 8 (f) of the Building Code of the Town of Mamaroneck) on the grounds that the appellant has completely failed to show that any hardship whatsoever would be caused him by this denial on the following findings of fact: 1, that the premises are certainly easily identifiable by all traffic moving in both directions on the Boston Post Road; 2. that the parking lot is equally identifiable since it is entirely fenced in and its entrance is on the same side of the building as the entrance door; 3. that the only business conducted in the building on said premises is that of Castro Convertible; i 4 - tf-it�P 4. that the present entrance to said building is and has always been the only entrance; 5, that no further sign is needed to identify the nature of this business since it is easily identifiable and well advertised by the signs presently located on the said premises; 6. that the erection of an additional not more than 5-square foot free-standing directional sign is - permitted under the provisions of the Sign Ordinance; 7. that the granting of this application for a variance would not be in harmony with the general purposes and intent of the Ordinance and would be injurious to the neighborhood and detrimental to the public welfare in that this sign would not conform with those of the other businesses nor with the quality and appearance of the area in general. OLD BUSINESS 1. Application of Adam Libertella to Construct Wading Pool (Memorandum, Town Attorney) In the matter of the application of Adam Libertella for a Special Permit to construct a wading pool and appurtenances on his premises at 685 Weaver Street, on which a public hearing was held by this Board on October 7th, 1970 with decision reserved, the Supervisor called to attention a memorandum of the Attorney under date of October 30th, 1970, a copy of which had been forwarded to each member of the Board for study and which was herewith ordered received and filed as part of the record of this meeting, and inquired as to the Board's pleasure. Councilman Bloom stated that since all of the available in- formation had been studied and all of the testimony offered had been heard, he would recommend that the application for construction of a wading pool and appurtenances as proposed in the most recent plans be granted based on the Board's consideration of its findings and provided such approval was subject to the conditions proposed in the following resolution, which on his motion, seconded by Councilman Faiola was then offered for adoption: WHEREAS, Adam Libertella heretofore applied to this Board for a Special Permit pursuant to Sections 410, 432 and 449 of the Zoning Ordinance of the Town of Mamaroneck to construct a wading pool and appurten- ances on his premises located at 685 Weaver Street, Town, and more definitively known as Block 103, Parcel 5 on the Tax Assessment Map of the Town of Mamaroneck; and -- WHEREAS, the Board referred the matter of the ap- plication to the Planning Board for report pursuant to Section 432 of the Zoning Ordinance by resolution duly adopted on July 8th, 1970; and 5 - WHEREAS, the Planning Board after considering the application made and submitted its report to this Board; and WHEREAS, a public hearing was held by this Board on October 7th, 1970 following publication of due Notice as provided in Section 432 of the Zoning Ordinance and the Town Law, at which all persons who appeared were afforded an opportunity to be heard, and at which Counsel for the applicant and for Mr. Joseph Ward, a neighboring property owner who objected to the application, were heard; and WHEREAS, permission was granted to Counsel for Mr. Ward to file a memorandum in writing subsequent to this hearing, and to Counsel for the applicant to file reply thereto; and WHEREAS, information from the former owner of the property now owned by Mr. Libertella had been obtained and reported to the Board; and WHEREAS, this Board has considered the matter and studied and reviewed all of the information relating to the granting of this application and finds as follows: --- 1. That the subject premises has been used as a Nursery School in the past over a substantial number of years preceding the adoption of the Zoning Ordinance of the Town of Mamaroneck on June 29th, 1959, with summer sessions having an enrollment of varying numbers; 2. That in the course of the aforesaid prior use, a portion of the bordering Sheldrake River had been dammed by the then owners for use as a wading area during summer sessions, with subsequent removal of said dam requested due to violating the County Stream Control Ordi- nance, and that the use of the wading pool facility now proposed as a regular activity was identical with prior use and was far safer inasmuch as the present owner had fenced the entire property in the interest of safety; 3. That traffic conditions would be unchanged since all enrollees are to be transported by school owned and operated station wagons or cars; 4. That no change would be occasioned in the level of noise from that caused by the former use of the premises; - 6 - 5. That the location of the pool as now proposed was the best possible one in consideration of every facet of the situation and certainly was in the best interest of safety; and BE IT RESOLVED, that a permit is hereby granted to Adam Libertella pursuant to Section 432 of the Zoning Ordinance of the Town of Mamaroneck, to construct and maintain a wading pool and appurtenances as shown on the plans filed with the application, provided that said permit is issued subject to the following conditions: 1. That all .children attending the Monroe Nursery School be under 6 years of age; 2. That the maximum total number of summer enrollees be 75, divided approximately equally between morning and afternoon sessions; 3. That all children attending the school be transported to and from all sessions in station wagons or cars owned and operated by the school; 4. That there is to be: no use of the pool at night or on Saturdays and Sundays; no lighting; no use of loud speakers at any time; no installation of diving boards, slides, or any equipment not shown on the present plan filed with the instant application at any time without prior approval of the Town Board; 5. No more than 12 children may use the pool at any — one time; 6. That said pool be suitably fenced as provided in said plans; 7. The existing sign on the premises now reading -- "Day Camp" -- be corrected so as to read -- "Monroe Nursery School"; 8. The applicant obtain a Certificate of Approval from the State Department of Education -- or written notification that such an approval is unnecessary; and be it further RESOLVED, that permit is obtained within a period of three months from the date of the adoption of this resolution, or by February 4th, 1971, that construction is started within a period of six months or by May 4th, 1971, and completed within a period of one year or by November 4th, 1971. And thereupon, since upon the Chair's inquiry, the Board signified that it was ready for the question, the foregoing resolution was adopted by unanimous vote of the Board, all members thereof being present and voting "aye". The resolution was therefore declared duly adopted by unanimous vote. 7 - NEW BUSINESS 1. Report of Highway Superintendent - Purchase of Rock Salt For the Board's information, the Superintendent of Highways submitted a report under date of October 27th, 1970 of the bids submitted for the purchase of rock salt for the period from November 1st, 1970 to May 31st, 1971, and the award of contract to the low bidder Diamond Crystal Salt Company, which was herewith ordered received and filed for the record. 2. Authorization for Transfer of Funds Pursuant to memorandum of the Comptroller under date of November 4th, 1970, herewith presented and ordered received and filed for the record, on motion by Councilman Vandernoot, seconded by Councilman Faiola, it was unanimously RESOLVED, that this Board hereby authorizes the following transfer of funds within the 1970 BudgEt and Surplus Funds: From Garbage District #1 a/c 101 Salaries & Wages $ 11,161.98 a/c 403 Employees' Retirement 818.18 System a/c 407 Compensation & Liability 1,254.44 Insurance a/c 503 Surplus Fund 5,000.00 To Garbage District #1 a/c 408 Incinerator Operation $ 18,234.60 3. Authorization - Police Overtime Emergency Pursuant to memorandum of the Police Commission under date of October 20th, 1970, herewith presented and ordered received and filed for the record, on motion by Council- man Vandernoot, seconded by Councilman Faiola, 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 September lst through October 20th, 1970: Name Hours Min Sgt. Federice 30 " Lovely 30 Det. Mahoney 11 30 " Mulcahy 13 '.. " Paonessa 17 Ptl. Agnessanto 2 30 fT Barasch 30 " Baumblatt 5 " Diamond 30 " Fuller 5 8 - Name Hours Min. Pt1. Gerardi 22 " Giacomo 9 30 " Knox 3 30 " Peritano 45 Vitro 5 30 Total 141 30 The Supervisor remarked to the Board that some of this overtime activity might be reflected in the splendid performance of the Police Saturday evening in the recovery of the pills which were left on a door step. COMMUNICATIONS 1. Notice P.S.C. Hearing - Con Edison The Attorney reported that the date on the Public Hearing on the petition of Con Edison for increase in rates before the Public Service Commission had been fixed for 10:00 A.M. November 19th, 1970, pursuant to notice hereby ordered received and filed. While the Attorney was not directed to attend this hearing, he was requested to follow this matter and keep the Board informed. 2. Youth Council Minutes - June 23rd, 1970 September 22nd, 1970 Councilman Vandernoot presented the June 23rd and September 22nd, 1970 minutes of the Youth Council, which were herewith ordered received and filed. He remarked on the fine job being done by the Council, particularly calling attention to its successful dances and recommending that any member of the Board who had not attended one, make every effort to do so. 3. Letter - Murray Avenue P.T.A. The Clerk read into the record a letter addressed to the Supervisor by Mrs. J. Edmund Colloton, Co-President of the Murray Avenue P.T.A. , thanking the Council for the install- ation of a sidewalk on Colonial Avenue between Daymon Terrace and Murray Avenue, which was herewith ordered received and filed. 4. Petition - Street Light Lansdowne Drive The Supervisor reviewed a petition for an additional light on Lansdowne Drive, a copy of which had been forwarded to each member of the Board and recommended that it be referred to the Police Chief and Engineer, which was so directed. - 9 - REPORTS The Town Clerk The Clerk presented the following reports which were ordered received and filed. Report of the Receiver of Taxes and Assessments for the month of October 1970. Report of the Building and Plumbing Inspector for the month of October 1970. Report of the Westchester Shore Humane Society for the month of October 1970. Report of the Municipal Dog Patrol for the month of October 1970. The Supervisor -- 1. Presentation of Preliminary Budget - November 11th Special Meeting The Supervisor requested the Board to set the date for a special meeting to present the Preliminary Budget for 1971, and thereupon on motion by Councilman Faiola, seconded by Councilman Vandernoot, it was unanimously RESOLVED, that a special meeting of this Board will be held on Thursday evening, November 12th, 1970, at 8:15 p.m. , in the Auditorium of the Weaver Street Firehouse, at which the Preliminary Budget for 1971 will be presented. 2. Hearing on Penn Central Standards of Service The Supervisor reported receipt of a letter from Commissioner T. W. Parker of the New York State Department of Transporta- tion enclosing copy of the tentative Standards of Service for 1971 under date of October 30th, 1970, which was herewith ordered received and filed for the record. She stated that the Town had appeared at last year's hear- ing and strongly recommended that it appear again this year to file a statement strongly requesting and urging that the aforesaid Standards be stepped-up, which was unanimously so directed by the Board. Councilman Bloom then called to attention once again the badly needed repairs to the stair treads at the Station and after some discussion, it was directed that a letter be addressed to the proper authorities requesting correction of this hazardous condition before the onset of the winter snow and ice soon to come. Councilman Vandernoot remarked on conditions in the 8:47 train last Friday morning when the fire occurred in the tunnel and on the unbelievable notification by the conductor to the passengers in the smoke-filled cars that the last car was on a platform and that those passengers who could not endure the smoke could walk back and emerge thereto if they cared to do so. The Supervisor pointed out that this episode again called to attention the need for some kind of communi- - 10 - cation-system on the trains so that the conductors could inform passengers of what was happening in times of emergencies, delays, etc. Not on Agenda 1. Letters re Use of Sevin Spray The Supervisor reported that a letter had been addressed to Commissioner Pound by George Straub, Manager of the West- chester Joint Water Works, under date of November 2nd, 1970, to urgently request that any consideration of the distribut- tion of Sevin within the watershed areas affecting the public water supply be abandoned, a copy of which was herewith ordered received and filed for the record. She also reported on copies of documents furnished her by Mrs. Edgar Lehman of 8 Cambridge Court, Larchmont, which included letters addressed to Mrs. Lehman by Stephen Collins, Professor of Biology of the State of Connecticut Southern Connecticut State College, dated October 2nd and 28th, 1970, and letter carrying enclosure from the Federated Conserva- tionists of Westchester, addressed to Supervisor Fred Zwick of the Town of Pound Ridge by Mrs. Gilbert Simpkins, Chairman of the Pound Ridge Conservation Advisory Council, all strongly protesting the proposed County spraying program and requesting its abandonment. Councilman Bloom advised the Board that Mrs. Lehman had called him at home this evening apprising him that she had relayed all of the foregoing information to Commissioner Pound who had assured her that the matter would be thoroughly investigated but who had given her no word that there would be any delay in the implementation of the program as proposed. The Supervisor then stated that there might well be a public hearing on this matter and advised the Board she would keep them informed of any further information she obtained relat- ing thereto. The Councilmen -- Mr. Vandernoot -- 1. Appointments - Narcotics Guidance Council Mr. Vandernoot placed in nomination for appointment to the Narcotics Guidance Council the names of Eugene Bart Lawrence and Mrs. George Anderson, and after briefly reviewing their particular qualifications and experience, moved their appoint- ment. The foregoing motion was seconded by Councilman Bloom and thereupon the following resolution adopted by unanimous vote of the Board. RESOLVED, that Eugene Bart Lawrence, 420 Grant Ter- race and Mrs, George Anderson, 630 Cedar Street, be and they hereby are appointed members of the Larch- mont-Mamaroneck Guidance Council. - 11 - 230 Not on Agenda Mr. Nagel -- 1. Report - Joint Survey Mr. Nagel advised the Board that about five months ago a contract had been written for a Joint Survey of possible combined operations by the three municipalities, and that the date for the termination of this contract had expired whereupon extension of 120 days in time, but not in monies, had been requested. He asked the Attorney whether any word had been received on this from Albany as yet and was answered by the Attorney that although he had no reply to date, he did not anticipate any difficulty with the grant- ing of this request. Mr. Bloom -- 1. L.I.F.E. Center - Letter from Mr. Lowy Councilman Bloom reported receipt of a letter addressed to the Supervisor by Lawrence Lowy, Chairman of the L.I.F.E. Center at 1116 Palmer Avenue, Larchmont, under date of October 30th, 1970, regarding the establishment of an Environmental Center to: 1. Provide a central location for accumulating and disseminating information; 2. Provide a meeting place for any organizations involved in conservation activity; 3. Educate and stimulate public interest in the conservation of environmental quality; which was herewith ordered received and filed for the record. At this time, the Supervisor requested Mr. Aitchison to report on the removal of the glass whereupon it was announced that all of the glass collected to date had been removed. In reply to question, it was estimated that this would amount to more than 12 tons, the accumulation of six Saturdays of collecting used glass containers from residents under Project ROW (Recycle Our Waste), a unit of the Larchmont-Mamaroneck Citizens Committee for Environ- mental Quality. The Town Attorney -- 1. Communication of Attorney General re Taxing Railroad Property Mr. Johnston reported receipt of a letter from the Attorney General under date of October 30th, 1970 regarding taxing railroad property provided a municipality meets the several conditions recited therein, which following his report that the Town did not meet the aforesaid conditions and therefore was not affected, was ordered received and filed for the record. - 12 - ADJOURNMENT There being no further business to come before the meeting, on motion duly made and seconded, it was declared adjourned at 9:25 p.m. , to reconvene on November 18th, 1970. 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 Councilman Vandernoot, it was unanimously 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: Post Lodge $ 2,193.00 Ralph Condro 128.00 Dri-Chem Extinguisher Co. 32.10 Exterminating Services Corp. 7.00 Facilities Painting Corp. 87.70 Larchmont Glass & Mirror Co. 370.00 Roberts 36.80 Suburban Restaurant Supply Inc. 32.65 Total. . . . . .$ 2,887.25 2. Other Business a) Fire Chief - Flex Alarms In reply to Commissioner Faiola's question of whether the Chief had anything to bring before the Commission, he stated only that the matter of the problems occurring with the flex alarms in the schools might be corrected upon completion of the new line presently being installed. 3. Adjournment There being no further business to come before the meeting, on motion duly made and seconded, it was declared adjourned at 9:35 p.m., to reconvene on November 18th, 1970. Town Cie 13 -