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HomeMy WebLinkAbout1970_02_04 Town Board Minutes 3'70 MINUTES OF A REGULAR MEETING OF THE TOWN BOARD OF THE TOWN OF MAMARONECK, HELD FEBRUARY 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 Absent: Councilman Bloom Also Present: Mr. Gronberg - Town Clerk Mr. Johnston - Town Attorney Mrs. Brewer - Deputy Clerk Mr. Aitchison - Highway Superintendent Mr. Altieri - Comptroller Mr. Paonessa - Building Inspector Mr. Widulski - Town Engineer DEATH OF FORMER SUPERVISOR BERT C. MC CULLOCH The Supervisor spoke of the sad news in last night's paper of the death of former Supervisor Mc Culloch who died in his home at Silver Springs, Maryland. She paid tribute to his ten year term of office stating that his administration had been a bril- liant one during which the affairs of the Town had been well and ably handled. Each of the Councilmen added his tribute to Mr. Mc Culloch and thereupon it was unanimously resolved upon motion duly made and seconded that this meeting adjourn in honor of the memory of Mr. Mc Culloch, with a resolution spread upon the minutes in public tribute to him. APPROVAL OF MINUTES The minutes of the regular meeting of January 7th, 1970 were submitted, and on motion duly made and seconded, approved as presented. OPENING OF BIDS 1. Two Highway Trucks and One Pick-up Truck The Clerk presented the Affidavit of Publication of the Notice for Bids for the record, and opened and read aloud the follow- ing bids: - 1 - ...... ..... ____.. .. .... 371 Bidder Bid Willow Motor Sales Corp. $24,428.00 Two (2) GMC Trucks One (1) with Plow Less trade-in on: 1962 Chev 5 cu-yd dump 1,500.00 1966 Int. 5 cu-yd dump 2,638.00 Net Bid. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $20,290.00 One (1) 1970 GMC Pick-up Truck $ 2,976.00 Less trade-in on: 1960 Ford 3/4 Ton Pick-up 701.00 Net Bid. . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . $ 2,275.00 Hory Chevrolet, Inc. One (1) 1970 Pick-up Truck $ 2,394.59 (Model CE 20904) Less trade-in on: 1960 Ford 3/4 Ton Pick-up 200.00 Net Bid. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,194.59 In the interest of time, it was directed that the bid be awarded to the low bidder, all things being equal upon examination of the bids by the Highway Superintendent, Engineer, Attorney and Comptroller, and thereupon on motion by Councilman Faiola,sec- onded by Councilman Vandernoot, the following resolution was adopted by unanimous vote of the Board, Councilman Bloom be- ing absent and therefore not voting: WHEREAS, the Town Superintendent of Highways did, on the 4th day of February 1970, duly recommend the purchase of certain equipment pursuant to the provisions of Section 142 of the Highway Law; NOW, THEREFORE BE IT RESOLVED, that pursuant to Section 142 of the Highway Law, the Town Superintendent of High- ways is hereby authorized to purchase, in ac- cordance with the provisions of Article 5-A of the General Municipal Law, with the appro- val of the County Superintendent of Highways, the following: Two 1970 GMC Trucks, one with plow, as per attached specifi- cations for the Highway Depart- ment for a maximum price of $20,290.00 delivered at the Town of Mamaroneck Garage, Maxwell Avenue, Larchmont, New York; 2 _ 372 and One 1970 Pick-up Truck (Model CE 20904) , as per attached specifications for the Highway Department for a maximum price of $2,194.59 delivered at the Town of Mamaroneck Garage, Maxwell Avenue, Larchmont, New York; and be it further RESOLVED, that the Town Superintendent of Highways is hereby authorized, subject to the approval of the County Superintendent of Highways, to surrender to the vendor, Willow Motor Sales Corp. , one 1962 Chev. 5 cu-yd dump truck at an agreed trade-in value of $1,500.00 and one 1966 Int. 5 cu- yd dump truck at an agreed trade-in value of $2,638.00, and to the vendor, Hory Chevrolet, Inc. , one 1960 Ford 3/4 Ton Pick-up at an agreed trade-in value of $200.00 as part payment for the above equipment to be purchased. 2. Building Department The Clerk presented the Affidavit of Publication of the Notice for Bids for the record, and opened and read aloud the follow- ing bid: Bidder Bid Hory Chevrolet, Inc. One (1) 1970 4-door Sedan $ 2,777.70 (Model #15469) Less trade-in on: 1965 Ford Sedan 375.00 Net Bid. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,402.70 Whereupon, on motion by Councilman Faiola, seconded by Coun- cilman Vandernoot, it was unanimously RESOLVED, that this Board hereby accepts the only bid submitted for furnishing to the Town of Mam- aroneck Building Department one (1) 1970 4-door. Sedan, to-wit: That of Hory Chevrolet, Inc. in the net amount of $2,402.70, provided that said bid upon review is ap- proved by the Engineer, Attorney, Comptroller and Building Inspector. PUBLIC HEARING - Appeal, Humble Oil & Refining Company (Memorandum, Building Inspector) The Supervisor announced that Mr. Barnett Ross, who was appear- ing for the appellant, had called to request that the hearing be deferred until around 9 o'clock because of an unavoidable delay, and consequently, by common consent of the Board, it - 3 - 7 was directed that this item be held pending Mr. Ross's arrival. OLD BUSINESS 1. Decision - Appeal of Castro Convertible ' The Supervisor stated that a public hearing had been held on this appeal at the last meeting of the Board and that decision _ had been reserved so as to afford ample time for all members to make another inspection of the premises and to give the appeal further careful study and consideration. She then asked whether any member of the Board wished to make any observation or further comment - whereupon Councilman Vandernoot observed that he felt the decision should be made at this time since he had again visited the premises which he believed were certainly easily identified from both directions on the Boston Post Road. He also stated that he felt the park- ing lot to be equally identifiable since there was no place else to park and certainly the entrance to the shop could not fail to be seen once one was in the said parking lot. He therefore said that, in his opinion, the appellant had not shown that any hardship existed or that he would be caused any hardship by the denial of this appeal. Councilman Faiola stated that he was in accord with Councilman Vandernoot's observations since he, too, had studied the situa- tion very carefully and could see no reason to vary the Ord- inance since he failed to find any evidence of hardship. Upon recognition by the Chair, Anthony Sansone, attorney for the appellant, once again called to attention the uniqueness of this situation in there being no entrance sign to the build- ing and added that the appeal was made because of customers' remarks on the lack of an entrance sign. Councilman Faiola, in reply, stated that he was a local busi- ness man himself and could therefore well understand about the desire for signs. He pointed out, however, that he felt the Town had an obligation and responsibility to keep a certain quality in this area and that if one exception were made, there would be requests for many, adding that besides all you needed to do was to look at the building in question to know what was in it. The Supervisor then requested that the record show that the Building Inspector' s memorandum of January 19th which had been presented and filed as part of the record of the public hearing stated that the Code did permit the erection of a not more than 5-square-foot free standing directional or entrance sign on the premises. She also alluded to the past consideration given this applicant by this Board recalling the granting of the original application and requests for further time extensions and in view of the comments herewith expressed to the effect that the said appellant had failed to show any hardship, inquired the Board's pleasure on the question. Councilman Nagel asked that he be permitted to abstain from voting on this question since he had not been present at the hearing, whereupon the Supervisor, pointing to Councilman Bloom' s absence, inquired of the Attorney whether the vote would be valid with only three members of the Board present and voting? The Attorney replied affirmatively provided such vote was unan- imous. 4 - 374 It was further pointed out by Councilman Vandernoot that at the hearing it had been brought out that the only business conducted in the subject building was that of Castro Convert- ible, and that the present entrance was the only entrance this building had ever had, whereupon in view of these and the other facts recited this evening, he offered the following motion to deny the appeal, which was seconded by Councilman Faiola: 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 Depart- ment an application to erect a 15-foot by 3-foot wall sign 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 on its northeasterly side facing the parking lot join- tly servicing Cook's and Castro's; 2. that there was no separation in the said parking lot as to its usage for either of the two part- ies; 3. that the two free-standing signs on the premises did not identify the location of the entrance to the 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 January 21st, 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 vari- ance of the Sign Ordinance (Article 19- Section 8 (a) of the Building Code of the Town of Mamaroneck) on the grounds 5 - 3'75 that the appellant has completely failed to show that any hardship whatsoever would be caused him by this denial on the follow- ing 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 ident- ifiable since there is no place else to park as parking is not permitted on the Boston Post Road, and that the entrance to Castro's cannot fail to be seen from the said parking lot; 3. that the only business conducted in the building on said premises is that of Castro Convertible; 4. that the present entrance to said build- ing is and has always been the only en- trance; 5. that no further sign is needed to ident- ify the nature of this business since it is easily identifiable and well adver- tised by the signs presently located on the said premises; 6. that the erection of a not more than 5-square foot free-standing directional sign is per- mitted under the provisions of the Ordin- ance; 7. that the granting of this application for a variance would not be in harmony with the general purposes and intent of the Ordin- ance and would be injurious to the neigh- borhood and detrimental to the public wel- fare in that this sign would not conform with those of the other businesses nor with the quality and appearance of the area in general. Upon roll call, the vote on the foregoing resolution was as follows and the resolution therefore declared duly adopted: Supervisor Helwig voting Aye Councilman Faiola voting Aye Councilman Nagel - Abstaining Councilman Vandernoot voting Aye Councilman Bloom - Absent 2. Report - Prince Willows Sewer Mr. Widulski reported verbally that there had not been much progress made on the Prince Willows Sewer installation dur- ing the month of January due to the weather. However, he did report that the backfilling of the big hole had started and hopefully would be completed within the next several days, which would relieve the traffic situation in that area. 6 - 76 NEW BUSINESS 1. Authorization - 1970 Town Offices Lease The Clerk presented the 1970 Lease for rental of the Town Offices advising that it had been approved by the Town At- torney and requesting therefore that the Supervisor be authorized to execute same. Whereupon on motion by Councilman Nagel, seconded by Coun- cilman Vandernoot, it was unanimously RESOLVED, that the Supervisor be and she hereby is authorized to execute the 1970 Lease for the rental of the Town of Mamaroneck Offices at 158 W. Post Road, Mamaroneck. 2. Authorization - Payment of IACP Claim $46.00 Pursuant to request for authorization of an outstanding IACP Claim in the amount of $46.00, on motion by Councilman Faiola, seconded by Councilman Nagel, it was unanimously RESOLVED, that this Board hereby auth- orizes payment of a claim in the amount of $46.00 to the International Associ- ation of Chiefs of Police for re-imburse- ment of airline ticket - Mr. Hollady's trip to Mamaroneck - requested by this Board to present Police Survey Report. 3. Authorization - Transfer of Funds Pursuant to Comptroller's memorandum under date of February 4th, 1970 herewith presented and ordered received and filed for the record, on motion by Councilman Vandernoot, seconded by Councilman Nagel, it was unanimously RESOLVED, that this Board hereby auth- orizes the following transfer of funds within the 1969 budget: Highway To From Item II $ $ 171.07 Item IV 854.01 Item III 1,025.08 $1,025.08 $1,025.08 GENERAL TOWN FUND Supervisor A/C 401 Supplies & O/E 186.38 A/C 201 Typewriter 32.00 100.00 A/C 202 Furniture A/C 203 Air Conditioner 54.38 Elections A/C 402 Rental Polling Places 1,176.00 1 176.00 --- A/C 103 Inspectors & Poll Clerks Comptroller A/C 401 Supplies & O/E 98.56 A/C 202 Adding Machine 98.56 7 - 377 Town Offices To From A/C 402 Stationery & Postage $ 993.38 $ A/C 403 Telephone 425. 24 A/C 404 Light 108.69 A/C 401 Supplies & 0/E 594.17 A/C 201 Alterations, Office Equipment, etc. 27.76 A/C 101 Int. Steno 905.38 Recreation General Recreation A/C 401 Supplies & O/E 104.48 A/C 105 Memorial & Hommocks Park Attendants 28.25 A/C 104 Int. A/C & Typist 76.23 Youth Recreation A/C 501 Supplies & 0/E 398.14 A/C 500 Personal Services 398.14 Miscellaneous A/C 510 Street Signs 5.11 A/C 508 Interest on Notes, etc. 5.11 $ 3,495.98 $ 3,495.98 PART TOWN FUND Police A/C 103 School Guards 648.00 A/C 202 Uniforms, etc. 182.53 A/C 204 Other 466.58 A/C 402 Telephone 407.42 A/C 404 Gas & Oil 502.38 A/C 405 Equip. Operation 2,604.33 A/C 406 Supplies 1,826.78 A/C 408 Compensation & Liab. Ins. 1,787.83 A/C 201 Automotive 309.22 A/C 203 Radios 337.00 A/C 401 Building Operation 423.57 A/C 403 Light, Gas & Water 80.02 A/C 407 Traffic Signals & Sign 2,158.91 A/C 101A Holiday Compensation 799.16 A/C 409 Group Health Insurance 1,609.37 A/C 410 Group Life Insurance 676.00 A/C 413 Social Security Taxes 1,377.98 A/C 415 Miscellaneous 653.92 A/C 416 Proposed Surveys & Studies •70 Building & Plumbing Department A/C 401 Supplies & 0/E 8.75 A/C 103 Examining Board of Plumbers 8.75 $- 8,434.60 $ 81434.60 Special Districts Garbage District #1 A/C 101 Salaries & Wages 4,902.16 A/C 402 Supplies 284.83 A/C 404 Social Security 322.59 A/C 408 Incinerator Operation 5,509.58 $ 5,509.58 $ 5,509.58 8 - 378 Street Lighting District #1 To From A/C 402 Operation (Energy) $ 2,829.12 $ A/C 403 Installations 2,607.89 A/C 401 Supplies 43.32 A/C 101 Salaries & Wages 177.91 $ 2,829.12 $ 22829.12 Park District #1 A/C 401 Supplies & O/E 706.77 A/C 402 Building Operation 706.77 -- $ 706.77 $ 706.77 Fire District #1 A/C 101 Salaries 548.00 A/C 202 Clothing 645.95 A/C 401 Equipment Operation 182.57 A/C 403 Supplies & 0/E 1,877.89 A/C 406 Telephone & Alarm 1.96 A/C 411 Compensation & Liab. Ins. 7.25 A/C 402 Building Operation 3,263.62 $ 3,263.62 $_L263.62 4. Authorization - Police Emergency Overtime Pay (11-17-69 - 12-31-69) Pursuant to memorandum of the Comptroller under date of Febru- ary 2nd, 1970 herewith presented and ordered received and filed for the record, on motion by Councilman Vandernoot, seconded by Councilman Nagel, it was unanimously RESOLVED, that as approved by the Board of Police Commissioners, this Board here- by authorizes payment of 216 hours of Emergency Overtime Compensation to the following officers of the Town of Mamaro- neck Police Department for the number of hours set forth for each covering the period from November 17th through Dec- ember 31st, 1969, in a total amount not to exceed the sum .of $1,057.66: Name No, of Hours Sgt. Silvestri 8 Ptl. Winckler 6 " Agnessanto 1 Ambrosovitch 8 Adamo 16 Sgt. Bakker 8 Pt1. Diamond I " Fuller 1 It Perritano 8 Det. Mahoney 2 Ptl. Greenstein 1 " Hutcheon 22 Le Viness 3 Sgt. Loveley 8 - Det. Mulcahy 6 Ptl. Mosiello 1 Sgt. Mc Clintock 25 Ptl. Mc Donald 5 Sgt. Federice 86 Total. . . . . . . . . . . . . . . . 216 - 9 - 379 The Comptroller explained to the Board that under data proc- essing of the payroll, the number of hours rather than the amount of money would be set forth on this Emergency Over- time Compensation,payroll resolution every 60-day period. Councilman Nagel commended the Comptroller on the transi- tion of the Town payroll to data processing and Mr. Altieri, in turn, passed the commendation on to his two assistants, Miss Soriano and Mrs. Soper, without whose diligent efforts and overtime work, he said, the transition simply could not have been made. — 5. Authorization - Approval Supplemental Pensions to Retired Officers (4) - Town of Mamaroneck Police Pension Fiind Pursuant to memorandum of the Comptroller under date of Feb- ruary 4th, 1970 herewith presented and ordered received and filed for the record, on motion by Councilman Faiola, seconded by Councilman Nagel, it was unanimously RESOLVED, that in accordance with Article 6, Section 192 & 193 of the Retirement and Social Security Laws, this Board here- by authorizes payment of supplemental pen- sions to the following four (4) retired policemen of the Town of Mamaroneck Police Pension Fund as listed herebelow, said pensions to be as of February lst, 1970: Leonard Wilson $ 1,155.42 John Gilfoy 607.98 George F. Blenniss 515.19 John J. Caputo 373.50 6. Authorization - Engagement of and Salary for Sanitation Man Pursuant to memorandum of the Superintendent of Highways, dated February 2nd, 1970 and herewith presented and ordered received and filed, on motion by Councilman Nagel, seconded by "Councilman Faiola, it was unanimously RESOLVED, that this Board hereby approves the appointment of Francis E. Hall as Town of Mamaroneck Sani- tation Man, effective February 2nd, 1970 and authorizes that he be com- pensated starting on that date at f the rate of $5910. per annum. COMMUNICATIONS 1. Letter, Mrs. B. F. Shearon - Increased Parking Meter Fees The Clerk presented a letter addressed to the Board by Mrs. B. F. Shearon of 42 Ellsworth Road, Town, under date of February lst, 1970, protesting the increase in parking meter fees, which was referred through Councilman Faiola to the Police Commission for attention and consideration in connection with the parking study presently being conducted. - 10 - SO 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 January 1970. Report of the Building & Plumbing Inspector for the month of January 1970. Reports of the Town Clerk for the months of December 1969 and January 1970. Report of the Westchester Shore Humane Society, for the month of January 1970. Report of Municipal Dog Patrol for the month of January 1970. Affidavit of Publication & Posting - Resolution amending Sections 4 and 7 of Chapter II-A of the General Ordin- ances of the Town of Mamaroneck. The Supervisor -- 1. Liaison Appointment to Transportation Action Committee The Supervisor remarked that she had an additional appoint- ment to make to those made at the last meeting -- that of Councilman Nagel to serve as Liaison to the Transportation Action Committee. She stated that Mr. Nagel had very grac- iously consented to accept this additional assignment and continue his fine work. She also remarked at this time on the fine job Councilman Faiola had done and was continuing to do in his handling of the bus situation, etc. , for the Town. 2. Appointment of Director of Finance The Supervisor advised the Board that she had awaited the reply of the State Comptroller in order to be certain that the same person could hold both positions prior to making this appointment. She then presented a memorandum outlining the duties of the position of Director of Finance, a copy of which had been furnished to each member of the Board, and accordingly stated that it was her pleasure to thereupon so appoint the Town Comptroller, Joseph Altieri, as Director of Finance. Councilman Nagel stated that he thought this an excellent move and that he certainly considered Mr. Altieri well quali- fied to handle the duties and responsibilities of this posi- tion. Councilman Vandernoot also congratulated the Supervisor on making this appointment, stating that he felt the Town to be very fortunate in having as capable a man as Mr. Altieri to so serve. - 11 - 381 3. Report of Thruway Noise Abatement Committee Re Thruway Plantings The Supervisor called to attention the $200,000, appropriation for plantings for selected spots in each of the eight communi- ties bordering the New England Thruway, stating that she had reviewed the detailed proposals and plans for the Town area. She reported that it was not certain when the contracts could be let since some delay was indicated due to the selection of spots for the proposed plantings, but that at least it now appeared that the long-awaited planting program would actually soon be underway and that the Committee which had certainly waited a very long time for this day was indeed pleased. Not on Agenda 4. Letter, American Tele-Systems Corporation The Supervisor briefly reviewed a letter addressed to the Town Clerk by Mr. Irwin A. Fern, Executive Officer of American Tele- Systems Corporation of Bethesda, Maryland, on January 19th, 1970, requesting the issuance of a resolution, permit or franchise to construct and operate a Community Antenna Television (CATV) Sys- tem in the Town of Mamaroneck, suggesting that inasmuch as Coun- cilman Faiola was studying this subject in general, the communi- cation be referred to him, which thereupon was so directed. Councilman Faiola stated that he felt it was a little premature to say anything at this time, but advised that the County was interested in setting-up a system where one company could be used throughout the County. If this ever comes to pass, he said it would be a tremendous asset to our schools and communi- ties. In view of our interest in the County's Study, it was then directed that Mr. Fern be advised that his request would be taken under advisement along with other similar requests pend- ing receipt of the County's report of its Study. Reports of the Councilmen -- Councilman Faiola -- 1. Collision Insurance Pursuant-.Go the discussion at the last meeting and following further study and review with the Comptroller, Councilman Faiola recommended that Collision Insurance be written this year to cover the Town Police vehicles due to skyrocketing repair costs and the increase in the number of cars particu- larly since funds were available therefor in the 1970 budget. Whereupon, on his motion, seconded by Councilman Nagel, it was unanimously RESOLVED, that this Board hereby author- izes the Town Clerk to have all Town of Mamaroneck Police vehicles covered by Collision Insurance ($50.00 deductible) for the year 1970 at a cost of $1,087.00. 2. Report - Incinerator For the Board's information, Mr. Faiola reported receipt of a communication received from F. F. Kellogg, Jr. , Sanitation - 12 - 382 Superintendent - Larchmont-Mamaroneck Joint Garbage Disposal Commission, stating that the Joint Commission's Transfer Station had been the subject of considerable attention in surrounding communities and had been visited by officials from the Town of Harrison, Town of Greenburgh, City of Mount Vernon, City of New Rochelle, Village of Mamaroneck, City of Yonkers and the Town of Westport, Connecticut, all of whom were favorably impressed with the operation. 3. Taxi Information Mr. Faiola reported that there was presently an application for - a taxi service before the Larchmont Board and in reply to the Supervisor's observation that the Village had recently changed its fee schedule, stated that he would get in touch with Trustee Forrest to ascertain that fees for Town zones remained essenti- ally the same. 4. Report - Town Doctor Mr. Faiola referred to his memo to the members of the Board advising that after consulting with several doctors in the community, it appeared that the cost of having a full time doctor at the Town's disposal would be prohibitive. He stated further that he had attached therewith a "Job Description for Town of Mamaroneck Surgeon" and that while it might be a bit premature to go into detail, he would like the Board's permis- sion to investigate further and check with the Police Chief in making a further careful study of this matter, which was so directed. -- 5. Not on Agenda Solicitors At this time, Councilman Faiola called to the Board's attention the number of solicitors in the unincorporated area today, ad- vising that he had received several phone calls about door-to- door salesmen. He stated that the Village of Larchmont had an ordinance concern- ing solicitation and recommended that the Town give consideration to adopting a similar ordinance. He inquired of the Attorney whether this could be done and was informed that it could if, after study and consideration, it seemed advisable. The Clerk then reviewed the procedure followed by the Town with respect to door-to-door solicitation - inquiring what had been peddled today? Mr. Faiola stated in reply, " magazines" - and by apparently a large group which had spread out practically covering the unincorporated area. Further discussion, during which the Supervisor raised the question of appealing to Mr. Lefkowitz in line with his con- sumer protection program, concluded with the Attorney stating that he would like to study the situation further and report thereon to the Board. - Councilman Nagel -- 1. Larchmont League of Women Voters Meeting Mr. Nagel reported on the meeting held by the Larchmont League of Women Voters last night at which he had spoken about the 13 - 383 Joint Economies Study Committee and the Joint Survey Committee, identifying each. He reported on the meeting of the Joint Survey Committee two weeks ago at which time it had elected as officers - Chairman, Kenneth H. Wanderer; Fiscal Officer, Henry A. Gruse III; Sec- retary, Carl E. Nagel, Jr. ; stating that the Committee would meet with representatives of the Office for Local Government to submit its application and discuss its proposal for bringing in Paget, Mc Cormick & Cresap as the Consultant Group, advising that the application had to be favorably received in general but that there would probably be no affirmation until early March. - He further reported that a point made at the meeting last even- ing by one of the ladies present had struck him and that he was still cogitating about it. The remark made, he said, was to the effect that the two Villages were in much better touch with their people than we in the Town were with ours. In other words, he continued, his impression was that her feeling was that the Town tended to oversee, while the Villages stayed closer to their people -- "if this is true," Mr. Nagel concluded, "we are in trouble". There was some discussion of this by the Board with Councilman Faiola observing that he was unable to imagine how anyone could be closer to people than the Town Supervisor. THE SUPERVISOR Public Hearing - Humble Oil & Refining Company The Supervisor at this time interrupted to inquire whether the gentleman arriving was Mr. Ross who was to appear for Humble Oil, and upon reply in the affirmative, with the common consent of the Board, stated that the public hearing on the appeal of that company would now be held. Whereupon, on a motion by Councilman Nagel, seconded by Coun- cilman Faiola, 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, together with a memorandum addressed to the Board by the Building Inspector under date of January 20th, 1970, which was herewith ordered received and filed as part of the record of this hearing. The Supervisor then asked whether any member of the Board wished to make any comment or address any question on this appeal to the Building Inspector? Councilman Vandernoot asked the exact dimensions of the sign which Mr. Paonessa said were 17 feet in overall length and 11 feet-1 inch in overall height, having an area of 126 square feet. He stated further that the sign was internally illumin- ated and would face toward the access drive to the Thruway and the Village of Larchmont. Further, he pointed out that the re- quested sign not only exceeded the sign area permitted by the Ordinance but that it was also in violation as to placement since it was to be placed on the rear wall of the building and the ordinance permitted wall signs to be placed only on the front or street side. The Supervisor then asked what other signs were on the property to which the Building Inspector advised that there were 2 free- - 14 - 384 standing and 3 other wall signs - two of which read "Happy Motor- ing" and one "Esso Car Care Center", altogether totaling an ap- proximate area of 188 square feet of wall signs. The Supervisor then asked whether the Board had any further ques- tions for Mr. Paonessa and since it did not, recognized Mr. Bar- nett Ross, Traffic and Zoning Consultant for Humble Oil and Re- fining Company, who addressed the Board as follows on behalf of the appellant. Mr. Ross stated that as the Board knew, the car care center was a new type of business Humble Oil had gone into which could be described as a diagnostic type of operation. Because it was new, he continued, the company found that it needed to project itself to the people, and since the building available to them was located on Fifth Avenue there was not traffic like there would be if it had been located on the Boston Post Road, and people who had heard about the car care center service and came looking for it therefore had a hard time finding it. For this reason, he said, we have come before you this evening to ask for a variance on the grounds of hardship as the erection of this sign would better designate the location of our building. The reason for the size of the sign is the lettering which is of the size and type affording greatest visibility, and inas- much as the sign, which is internally lighted, would only glow and cause no glare whatsoever, it would not in any way deteri- orate any neighboring property or be objectional to any of the neighboring residents. He pointed out that the words "Esso" and "Car Care Center" would stand out, thus permitting the projection of the car care center business to traffic travel- ing both on the Thruway and coming across the bridge on Chats- worth Avenue from Larchmont Village. The Supervisor thanked Mr. Ross and inquired whether there were any further questions the Board wished to ask him? Councilman Faiola inquired whether Humble owned and ran the car care center service and was answered affirmatively with Mr. Ross pointing out that all car care centers, one in Pelham, one in Stamford, and the one proposed to be located in the heart of White Plains, were operated solely by the company and never leased since all work performed was guaranteed by Humble. The Supervisor asked whether the existing free-standing signs said "Car Care Center"? Mr. Ross and Mr. Robert McGiver, also of Humble, replied that these were strictly "Esso" signs and that the appellant was wil- ling to take one of these down in substitution for the requested wall sign, particularly, Mr. McGiver said, since they felt that the building was actually turned around on the property. The Supervisor said, "Isn't what you are saying is that you want advertising, not identification?" She further asked whether the glow from the requested sign would not be seen from the neighbor- ing apartments? In reply, it was again pointed out that although the glow would be seen, it was felt that it would not be objectional as there would be no glare and the car care center would close at 6 p.m. In answering a further inquiry as to what time the lighting would be turned off, it was stated, "in conformance with the Town Ord- inance -- 12 o'clock midnight". The Attorney then asked Mr. Ross whether, when Humble obtained its remodeling permit, the new Sign Ordinance had not been called to its attention? Mr. Ross replied, "yes, by Mr. Paonessa". Councilman Vandernoot asked whether these car care centers were - 15 - not a recent accessory and was answered affirmatively. Mrs. Helwig then inquired whether any member of the Board or anyone present had any further question or wished to be heard on this appeal, and since no one did, on a motion by Council- man Nagel, seconded by Councilman Faiola, it was unanimously RESOLVED, that the public hearing be and it hereby is declared closed. The Chair then inquired as to the Board's pleasure in the matter. Councilman Faiola stated that he felt the Board should make its decision at this time rather than to have Mr. Ross have to come back. He stated that he recommended that the appeal be denied because the Town had a new Sign Ordinance and businesses had been served Notice of non-conformance therewith and had been given a period of five years in which to amortize their invest- ment in such non-conforming signs, and therefore in view of the fact that the appellant had been informed of the said Ordinance at the time of obtaining permit to remodel, he did not see that any hardship whatsoever would be caused by denial of this appeal. Councilman Vandernoot stated that while he sympathized with Mr. Ross's efforts, he too felt the appeal should be denied for the reasons given by Councilman Faiola and in addition, because the sign - or the glow from the sign - would be visible to the resi- dents of the neighboring apartments thus detrimentally affecting the neighboring area and not being in harmony with the general purpose and intent of the Ordinance. The Supervisor then again inquired whether the Board was ready for the question - and thereupon Councilman Faiola moved the adoption of the following resolution denying the appeal, which was seconded by Councilman Vandernoot: WHEREAS, Humble Oil & Refining Company, located on property on the south side of Fifth Avenue 100.17 feet west from Madison and known as Block 132, Parcel 609 on the Tax Map of the Town of Mamar- oneck, has submitted to the Building Department an application to erect on the rear wall of the building an il- luminated wall sign having an overall length of 17 feet, and an overall height of ,ll feet-1 inch, with the lower edge of sign 3 feet plus-or- minus above grade, and a face area of 126 square feet with the outer edge 15 inches from the building; which sign reading "ESSO - Car Care Cen- ter", would exceed the maximum allow- able sign area permitted on the build- ing and be non-conforming with Sec- tions 8(a) and 8(b) of the Sign Ord- inance; 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 build- ing; and WHEREAS, the appellant submitted on the 16 - ....... ...... 386 grounds of hardship as his reasons for seeking said variance so as to permit the erection of such sign, the following: 1. That the building was uniquely located so that the front had very little exposure to the traveling public to which a Car Care Center looked for business; 2. That the Car Care Center was a new concept in the servicing of automobiles; 3. That the rear of the building was exposed to a much greater range of view of the traveling public; and WHEREAS, this Board has reviewed the ap- plication, appeal, plans and premises, and has heard all persons interested after the publication of Notice of Hear- ing held by this Board at this meeting; NOW, THEREFORE BE IT RESOLVED, that this Board denies the ap- peal for reversal of the Building in- spector's denial of the application of Humble Oil and Refining Company for a variance of the Sign Ordinance (Article 19 - Sections 8(a) and 8(b) of the Build- ing Code of the Town of Mamaroneck on the grounds that the appellant has completely failed to show that any hardship whatso- ever would be caused him by this denial on the following findings of fact: 1. That the building fronts on Fifth Avenue and all access to the Service Center is from Fifth Avenue which is a public street located in the busi- ness area; 2. That the appellant was aware of the Sign Ordinance when the building was remodeled for a diagnostic Service Cen- ter; 3. That the appellant failed to show why the present provisions of the Sign Ordinance would not permit the necessary identification of the Service Center; 4. That the appellant failed to show that the placement of the sign would not adversely affect the neighboring property or be detrimental to the neighboring property owners or resi- dents in the area; 5. That the granting of this appeal would not be in harmony with the gen- eral purpose and intent of the Ord- ' inane. Upon Roll call, the vote on the foregoing resolution was as - 17 - 387 follows and the resolution therefore declared duly adopted: Supervisor Helwig - voting Aye Councilman Faiola - voting Aye Councilman Nagel - voting Aye Councilman Vandernoot - voting Aye Councilman Bloom - Absent and therefore not voting Reports of the Councilmen -- (continued) Councilman Nagel -- 2. Request of TAC Mr. Nagel stated that he had received a communication from Ed Colloton advising that TAC was requesting new hearings before the I.C.C. and asking whether the Town wished to join in this endeavor, which he said he felt should be referred to Counsel for recommendation and which accordingly was so ordered. The Supervisor said she believed these hearings were being sought for the purpose of proposing a new fare schedule -- and Councilman Faiola remarked that the commuters had indeed found a friend in Ed Colloton commenting on the staggering amount of work he had done. Mr. Nagel added that he was cognizant of the time Ed Colloton had spent in this effort and certainly he was truly deserving of a round of applause! Councilman Bloom -- 1. Environmental Symposiums Mr. Bloom advised the Board that a program of four symposiums to be held in April, May and June was being planned by the Board of Education, the Conservation Advisory Committee and the - newly appointed Environmental Task Force which would be geardd to stimulate a community-wide sense of environmental self-eval- uation and environmental perspective. The Town Attorney -- 1. Date for Public Hearing - Amendment of Snow Removal Ordinance (Penalties) The Attorney requested the Board to set a date for a public hearing on amending the Snow Removal Ordinance with regard to the penalties, and thereupon on motion by Councilman Vander- noot, seconded by Councilman Faiola, it was unanimously RESOLVED, that a public hearing will be held before this Board at its next reg- ular meeting on Wednesday evening, March 4th, 1970 in the Council Room or Auditorium of the Weaver Street Fire- house, Weaver Street, Town of Mamaro- neck, at 8:15 p.m. of that day, for the purpose of considering the adop- tion of a resolution amending the pen- alties for a violation of Section 4, of Chapter IV of the General Ordin- ances of the Town of Mamaroneck, en- titled "Snow and Ice Removal", so as to provide that a person found guilty - 18 - 388 of violating said Section will be guilty of a violation rather than a misdemeanor, punishable by im- prisonment for not more than 10 days or by a fine of not more than $500. or both; 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. Not on Agenda Amendment of General Ordinance - Establishment of "Traffic Violations Bureau" The Attorney requested the Board to set a date for a public hearing on amending the General Ordinance of the Town of Mamaroneck by adding a new Chapter so as to permit the estab- lishment of a Traffic Violations Bureau. Whereupon on motion by Councilman Vandernoot, seconded by Councilman Faiola, it was unanimously RESOLVED, that a public hearing will be held before this Board at its next regular meeting on Wednesday evening, March 4th, 1970 in the Council Room or Auditiorium of the Weaver Street Fire- house, Weaver Street, Town of Mamaro- neck, at 8:15 p.m. of that day, for the purpose of considering the adop- tion of a resolution amending the General Ordinances of the Town of Mamaroneck by adding a new ChapterlX-G, to be known as the "Traffic Violations Bureau" which shall read as follows: An Ordinance permitting the establishment of a Traffic Violations Bureau in and for the Justice Court, Town of Mamaroneck, New York, pursuant to Article 14-B of the General Muni- cipal Law. (a) The Justice Court of the Town of Mamaroneck is hereby authorized to establish a Traffic Violations Bureau to assist the Court in the disposition of offenses in relation to traffic viola- tions. Such Bureau shall be in charge of such person or persons and shall be open at such hours as the Court may designate. (b) Such Traffic Violations Bureau is hereby authorized to dispose of viola- tions of traffic laws, ordinances, rules and regulations when such offenses shall not constitute the traffic infraction known as speeding or a misdemeanor or felony, by permitting a person charged 19 - 389 with an offense within the limitations herein stated to answer within a speci- fied time at the Traffic Violations Bur- eau, either in person or by written power of attorney in the form hereinafter pre- scribed in this ordinance by paying the prescribed fine, and in writing, waiving a hearing in court, pleading guilty to the charge and authorizing the person in charge of the Bureau to make such plea --- and pay such fine in court. Acceptance of the prescribed fine and power of at- torney by the Bureau shall be deemed com- plete satisfaction for the violation and the violator shall be given a receipt which so states. If a person charged with a traf- fic violation does not answer as hereinbe- fore prescribed, within a time designated by the Court, the Bureau shall cause a complaint to be entered against him forth- with and a warrant to be issued for his arrest and appearance before the Court. Any person who shall have been, within the preceding twelve (12) months, guilty of a number of parking violations in ex- cess of such maximum number as may be designated by the Court, or of three (3) or more violations other than parking vio- lations, shall not be permitted to appear and answer to a subsequent violation at the Traffic Violations Bureau, but must appear in Court at a time specified by the Bureau. Such Traffic Violations Bureau is not authorized to deprive a person of his right to counsel or to prevent him from exercising his right to appear in Court to answer, to explain, or defend any charge of a violation of traffic law, ordinance, rule or regula- tion. (c) The Court shall designate the fines to be paid for offenses which may be satisfied at the Bureau as herein- before stated, provided such fines are within the limits established as pen- alties for such offenses. (d) The Traffic Violations Bureau herein authorized shall keep a record of all violations of which each person has been guilty, whether such guilt was es- tablished in Court or in the Bureau, and also a record of all fines collected and the dispositions thereof. It shall also perform such other or additional duties and keep such other or additional records as shall be prescribed by the Court and/or Town Board. (e) Such written power of attorney shall be in substantially the following farm or in such form as to carry out the provisions and intent of this ordinance: TRAFFIC VIOLATIONS BUREAU POWER OF ATTORNEY AND WAIVER I, the undersigned, have read fully - 20 - 390 the annexed summons and hereby waive a hear- ing in the Justice Court of the Town of Mama- roneck, New York, and plead guilty to the charge specified in said summons. I author- ize as the person in charge of the Traffic Violations Bureau of said Court to make such plea and pay the prescribed fine in Court. Date: Signature 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. Resolution re: Use of School Facilities The Attorney reported that Mr. Kramer, Attorney to the Board of Education, had advised him the School Board had directed him to draft a Home Rule Bill enabling the leasing of school property to the Town for office purposes, and he recommended in accordance with the Supervisor's suggestion, that this Board adopt a resolution in support thereof. Whereupon, on motion by Councilman Nagel, seconded by Council- man Vandernoot, it was unanimously RESOLVED, that this Board hereby supports and endorses the resolution adopted by the Board of Education at its regular -- meeting on January 27th, 1970, stating in essence that the Counsel to the Board of Education draft a Home Rule Bill enabling the leasing of school property considered by the State Education Department unsuitable for pupil occupancy to the Town of Mamaro- neck for Town Office purposes. 4. Resolution Requesting Legislation To Allow :Construction Costs of Police Headquarters and Accessory Buildings to be Part-Town Charge The Attorney recommended that the Board adopt a resolution re- questing a Home Rule Bill to amend the Town Law so as to provide that the cost of construction of municipal buildings, particu- larly a Police Station, would be a Part-Town rather than a General Town charge as now prescribed by law. Councilman Vandernoot requested that if legally possible, the cost of the property acquisition be included in this legislation, which was strongly endorsed and supported by Councilman Nagel, and thereupon on the Attorney's advice that such cost could be included retroactively, on a motion offered by Councilman Vander- noot and seconded by Councilman Nagel, it was RESOLVED, that this Board hereby author- izes and directs the Town Attorney to write Assemblyman Pisani and Senator Gioffre to request that a Home Rule Bill be prepared and introduced amend- ing Sub-Section 3 of Section 220 of the Town Law so as to allow the Town to pur- chase certain contiguous parcels of land (Block 401 - Parcel 122 and Block 401 - Parcel 150) and then erect upon the ac- - 21 - - 391 quired land a new Police Station, Court house and other municipal buildings which would house the Court and eventually certain portions of our Town Hall, so as to make the costs thereof a Part-Town rather than a General Town charge as now obtains under law. The foregoing resolution was adopted by a majority vote of four (4) yes votes and one (1) no vote, with Councilman Faiola who cast the dissenting vote stating for the record that he was not against the purchase of the property and realized that the Town Police Station had been in violation for many years, but feared that there might be stumbling blocks with the proposed legislation if the Town were to share the Police Station with the Villages - toward which he said he believed the Town had been working. If the purchase cost were a Part-Town charge only and the Vil- lages invited to use it at no expense, he stated that he felt the Town might be doing more harm than good. The Supervisor stated that she shared Mr. Faiola's apprehen- sions about the legislation but felt the Town must have a new Police Station and further that the Villages had gone on record as not wishing to participate with the Town. "The legislation may be defeated", she said, "but we have the right reasons going for us." 21 a - 392 ADJOURNMENT There being no further business to came before the Board, on motion unanimously made and seconded, this meeting, to recon- vene on February 18th, 1970, was declared adjourned at 9:45 p.m. , in respect to the memory of former Supervisor Bert C. McCulloch with the following resolution spread upon the minutes of the meeting as a public and permanent tribute to him: IN MEMORIAM WHEREAS, the Honorable Bert C. McCulloch, Super- _— visor of the Town of Mamaroneck from 1933 until resigning in 1943 to return to active service in the United States Navy, died on the second day of February of 1970, and WHEREAS, while Supervisor, Mr. McCulloch was active on many County Committees and served as the Chairman of the Committee on Reorganization of the County Board of Supervisors, and WHEREAS, he was such an outstanding and highly esteemed public official that he was endorsed and supported by both the Republicans and the Democrats for re-election to his high office, and WHEREAS, we honor him for his heroic service to his country in the United States Navy as a Lieu- tenant during World War I and a Commander during World War II, and for his indomitable courage and consumate skill in meeting and resolving the almost insuperable problems facing the Town at the time he served as Supervisor, NOW, THEREFORE, BE IT RESOLVED, that we, the members of this Board, together with all of the citizens of this com- munity, herewith record our grief and sorrow at his passing, and our great appreciation of all he did for the Town of Mamaroneck, and be it further RESOLVED, that this meeting shall stand adjourned this evening in respect to his memory, and that this resolution shall be spread upon the minutes thereof as a public and permanent record of trib- ute to THE HONORABLE BERT C. McCULLOCH with a copy forwarded to the members of his fam- ily with deepest sympathy and condolences. BOARD OF FIRE COMMISSIONERS The meeting of the Board of Fire Commissioners was convened immediately upon the adjournment of the Town Board meeting. - 22 - 393 1. Claims Upon presentation for authorization of payment by Commissioner Faiola and on his motion, seconded by Commissioner Vandernoot, it was unanimously RESOLVED, that the following Fire Department claims be and they hereby are approved, and the Supervisor and Comptroller authorized to pay the same out of the Fire Department bud- . get: Atlantic Service Center $ 40.00 Con Edison 112.47 Excelsior Auto Repair & 53.31 Machine Works I & T Plumbing & Heating 12.00 Co. , Inc. New Rochelle Water Co. 71.25 New York Telephone Co. 7.43 Redwood Nursery 25.00 S & S Power Equipment Co. 999.00 Total. . . . . . . . . . . . $ 1,320.46 Not on Agenda 2. Other Business 1) Authorization to Advertise for Bids for Aerial Truck Pursuant to communication of the Fire Chief under date of February 3rd, 1970, herewith presented and ordered received and filed for the record, on motion by Commissioner Faiola, seconded by Commissioner Vandernoot, it was unanimously RESOLVED, that in accordance with law, this Board hereby authorizes the Town Clerk to publish in the official news- paper of the Town of Mamaroneck, "The Daily Times", a Notice for Bids, to be returnable March 4th, 1970 and to be opened and read aloud at a regu- lar meeting of this Board at 8:15 p.m. in the Council Room or Auditorium. of the Weaver Street Firehouse, Weaver Street, Town of Mamaroneck, for fur- nishing to the Town of Mamaroneck Fire Department one aerial truck, in accordance with the specifica- tions set forth in said Notice. 2) Painting of Firehouse (Interior and Exterior With regard to the Chief's request for authorization to adver- tise for bids for painting the interior and exterior of the Firehouse, upon ascertaining that the specifications for this work had not yet been prepared, the Commission directed that the request be tabled pending preparation and submission of the specifications for this job. 3) Apartment House Inspections Commissioner Faiola stated that the apartment house inspection schedule had been stepped up with the Chief reporting that the acceleration had not been too well received by some of the Super- intendents, in view of which he advised that he had requested the - 23 _ 394 Chief to notify the Commission should there be any trouble or difficulty. In reply to a question by Commissioner Vandernoot, the Chief reported that inspections of the Larchmont Acre garages were being continued with notices served of any violations. 4) Staff Problems Commissioner Faiola called to attention a memorandum addressed to him by the Chief on February 3rd recommending appointment of an additional member to the paid staff. In discussing this request, the Chief explained that the loss of two men due to serious illness had caused other members of the staff to double up and accordingly necessitated the engage- ment of one additional man. This matter was referred to Commissioner Faiola, the Attorney, and the Comptroller for study and report. 3. Adjournment There being no further business to come before the meeting, on motion duly made and seconded, it was declared adjourned at 9:55 p.m. , to reconvene on February 18th, 1970. Cle t 24 -