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HomeMy WebLinkAbout1967_05_03 Town Board Minutes MINUTES OF A REGULAR MEETING OF THE TOWN BOARD OF THE TOWN OF MAMARONECK, HELD MAY 3, 1967 IN THE COUNCIL ROOM OF THE WEAVER STREET FIREHOUSE, WEAVER STREET, TOWN OF MAMARONECK. CALL TO ORDER In the absence of the Supervisor who was out of town Mrs. Helwig, the Deputy Supervisor, called the meeting to order at 8:15 p. m. ROLL CALL Present: Councilwoman Helwig Councilman Quadrine Councilman Faiola Absent: Supervisor Kane Councilman Chalif Also Present: Mr. Gronberg - Town Clerk Mr. Johnston Town Attorney Mrs. Brewer - Deputy Clerk Mr. Altieri - Comptroller Mr. Paonessa - Building Inspector Mr. Widulski - Engineer OLD BUSINESS 1. Swimming Pool Application - Agatino Rigano, 35 Harmon Drive, Town in connection with Mr. Rigano's application held over from the previous meeting, it was noted for the record that a letter from Jan C. Brassem of 23 Myrtle Boulevard, Town, objecting to the pool had been received following the date of the last meeting. The members of the Board stated that they had met with the Building Inspector on the site of the proposed pool this evening at 7:45 p. m. and with the one additional recommendation that the shrubbery to be planted should be 6' in height rather than 4', unanimously agreed with the Building Inspector's recommendation and recommended approval of the application subject to the conditions listed in his report of April 14, 1967. Thereupon, since there were no further questions on the application, on motion by Councilman Faiola, seconded by Councilman Quadrine, the following resolution was adopted unanimously with certified copies thereof forwarded to the applicant and to the Building Inspector: WHEREAS, Mr. and Mrs. Agatino Rigano have presented an amended application for a permit to construct an above-the-ground swimming pool and appurtenances on premises _1_ r~ located at 35 Harmon Drive, Larchmont, New York and known as Block 216, Parcel 307 on the Assess- ment Map of the Town of Mamaroneck; and WHEREAS, the Building Inspector of the Town of Mamaroneck has examined the plans and specifi- cations for the proposed pool as revised and amended, and WHEREAS, the Building Inspector finds that the revised plans and specifications as amended and supplemented to include certain recommended conditions conform in all respects with the requirements of the Swimming Pool Ordinance (Article 23 of the Building Code) and there- fore recommends that the application be approved; NOW, THEREFORE, BE IT RESOLVED, that the application of Mr. and Mrs. Agatino Rigano for a permit to construct an above-the-ground swimming pool on their pre- mises located at 35 Harmon Drive, Larchmont, and known as Block 216, Parcel 307 of the Assess- ment Map of the Town of Mamaroneck, is hereby approved, and the Building Inspector is hereby authorized to issue a permit for same provided the pool is constructed in conformance with the revised plans and specifications submitted and filed with the revised application as amended and supplemented to show compliance with the following conditions: 1. That the pool be located 17 feet from the rear property line instead of 10 feet as shown on the plan. 2. That any contemplated above-ground lighting be shielded and directed away from neighbor- ing properties. 3. That no temporary or portable cabanas or awnings be placed on the property. 4. That the pool be constructed in strict con- formance with the amended plan filed with the application, that the shrubbery along the rear line and a portion of the easterly side line of the premises be 6 feet in height and planted as shown on the amended plan, and that the applicant comply in all other respects - with the Zoning Ordinance and Building Code of the Town of Mamaroneck. 5. That the applicant obtain a building permit within one month of the filing of the Resolution -2- 6 with the Town clerk and that construction of the pool be completed within six months of the date of said permit, and be it further RESOLVED, that all work must be completed and the owner obtain a Certificate of Occupancy from the Building Inspector before the pool is used. 2. Swimming Pool Application - Mr. Ted Utz, Park Hill Lane, Town Pursuant to direction at the last meeting, notification - of the subject application was sent to the following pro- perty owners in the area of the proposed pool, with no replies received: Mr. Adam Sumetz 570 Fenimore Road Mr. Alan Brout - 10 Park Hill Lane Occupant - 6 Park Hill Lane City of New Rochelle - 515 North Avenue Thereupon, since each of the members of the Board had per- sonally viewed the site and there were no further questions, on motion by Councilman Faiola, seconded by Councilman Quadrine, the following resolution was offered pursuant to the memorandum of the Building Inspector dated May 2:r- 1967, which was herewith presented and filed with the revised application: WHEREAS, Mr. and Mrs. Ted Utz have presented an amended application for a permit to construct a swimming pool and appurtenances on premises located at 8 Park Hill Lane, Larchmont, New York, and known as Block 104, Parcel 224 on the Assess- ment Map of the Town of Mamaroneck; and WHEREAS, the Building Inspector of the Town of Mamaroneck has examined the plans and specifications for the proposed pool as revised and amended, and WHEREAS, the Building Inspector finds that the revised plans and specifications as amended and supplemented to include certain recommended condi- tions conform in all respects with the require- ments of the Swimming Pool Ordinance (Article 23 of the Building Code) and therefore recommends that the application be approved; NOW, THEREFORE BE IT RESOLVED, that the application of Mr. and Mrs. Ted Utz for a permit to construct a swimming pool on -3- their premises located at 8 Park Hill Lane, Larchmont and known as Block 104, Parcel 224 on the Assessment Map of the Town of Mamaro- neck, is hereby approved, and the Building Inspector is hereby authorized to issue a permit for same provided the pool is construct- ed in conformance with the revised plans and specifications submitted and filed with the revised application as amended and supplemented to show compliance with the following conditions: - 1. That no temporary or portable cabanas or awnings be placed on the property other than the structure used to enclose the filter- heater. 2. That any contemplated above-ground lighting be shielded and directed away from neighbor- ing properties. 3. That the pool be constructed in strict con- formance with the amended plan filed with the application and the applicants comply in all other respects with the Zoning ordi- nance and Building Code of the Town of Mamaroneck. 4. That the applicant obtain a building permit within one month of the filing of the Reso- lution with the Town Clerk and that construc- tion of the pool be completed within six months of the date of said permit, and be it further RESOLVED, that all work must be completed and the owner obtain a Certificate of occupancy from the Building Inspector before the pool is used. 3. Report, Chairman of Planning Board - Larchmont Amendment Zoning Ordinance . The Clerk read for the record a report addressed to the Board by Mr. Fred L. Maggini, Chairman of the Planning Board of the Town of Mamaroneck under date of April 28, 1967, stating that there was no objection to the proposed Village of Larchmont "Up Zoning" and in fact the Board favored the changes since the proposed "Up Zoning" was very much in line with the Town's zoning in the areas adjacent to the Town. The report was ordered received and filed for the record. NEW BUSINESS 1. Application - Swimming Pool Permit David M. Hill, 14 Doris Road, Town The Clerk presented a memorandum addressed to the Board by the Building and Plumbing Inspector under date of May 1, 1967, submitting the application of Mr. David M. _4_ LJ Hill of 14 Doris Road, Town, for installation of an above- the-ground swimming pool at the above address, which was herewith ordered received and filed for the record. The Supervisor stated that in accordance with usual prac- tice, the neighboring property owners would be notified of the application and the members of the Board would personally inspect the site for the pool prior to the Board's action on the application at its next meeting. 2. Salary Authorization - Police Clerk, Part Time Pursuant to memorandums of the Comptroller and Chief of Police herewith presented and filed as part of the record of this meeting, on motion by Councilman Faiola, seconded by Councilman Quadrine, it was unanimously RESOLVED, that this Board hereby authorizes that Carmen A. Sands, employed as Part Time Town of Mamaroneck Police Clerk, effective May 1, 1967, be compensated at the rate of $3,000. per annum beginning on that date. 3. Salary Authorization - Additional Fireman Pursuant to memorandum addressed to Councilman Faiola by the Comptroller under date of May 3, 1967 and herewith presented by Councilman Faiola and filed for the record, on his motion, seconded by Councilman Quadrine, it was unanimously RESOLVED, that Kenneth J. Valle, employed as a Town of Mamaroneck fireman effective April 27, 1967, be compensated at the rate of $6,750.00 per annum beginning on that date. 4. Authorization - Transfer of Funds Master Plan Pursuant to memorandum addressed to the Board by the Comptroller under date of April 28, 1967 herewith pre- sented and filed for the record, on motion by Council- man Quadrine, seconded by Councilman Faiola, it was unanimously RESOLVED, that the following transfer of funds be and it hereby is authorized: From: Part Town Surplus (A/C 502) $3,511.00 To: Planning Board-Master Plan (A/C402~3,511.00 -5- 5. Change of Polling Place - 25th District Pursuant to memorandum of the Town Clerk herewith pre- sented by him and ordered received and filed for the record, on motion by Councilman Faiola, seconded by Councilman Quadrine, it was unanimously RESOLVED, that the polling place for the 25th District be changed from Showroom, Alfredo's Foreign Cars, 325 Boston Post Road, Larchmont, New York, to the Montessori School, Lorenzen Street and Boston Post Road, Larchmont, New York. COMMUNICATIONS 1. Board of Education - Request for Voting Machines, Student Election Pursuant to letter addressed to the Town Clerk by Dr. Sheldon Evans, Assistant Superintendent for Business Management, Board of Education, under date of April 20, 1967, herewith presented and filed for the record, on motion by Councilman Faiola, seconded by Councilman Quadrine, it was unanimously RESOLVED, that this Board hereby grants the request of the Board of Education to use three (3) voting machines for the school elections at the Mamaroneck Senior High School on May 5, 1967. 2. Police Commission - Request for Expenditure Authorization Pursuant to request of the Police Commission dated April 20, 1967 and herewith presented and ordered filed for the record, on motion by Councilman Quadrine, seconded by Councilman Faiola, it was unanimously RESOLVED, that this Board hereby authorizes the expenditure of a sum not to exceed $110.00 from the proper item in the 1967 Police Department budget to cover Detective Sergeant Loveley's expenses in attending the Tri-State Conference of International Association for Identification to be held May 2nd to 5th at Kiamesha Lake, New York. 3. Letter - Frank Claps, Landscape Contractor At the request of the Deputy Supervisor the Clerk read into the record for the information of all present even though a copy had been forwarded to each member of the Board by Mr. Claps, the following letter which he had addressed to the Board under date of April 25, 1967: -6- "As a taxpayer and as a landscape contractor, I would like to know how long we are going to be without a dump. "in the April 21st issue of "The Daily Times", notice was given that the Town of Mamaroneck dump was closed and might be resumed when title to the creek land is obtained. Arrangements have been made to dispose of all rubbish in the Village of Mamaroneck. The fee for this has been set at $7.00 per ton. At this price, I, as a landscape contractor, would have to charge my customers as much as $50.00 per load to haul to the Village of Mamaroneck. My truck hauls 5 tons. The Village fee for this would be $35.00. I have other expenses involved such as paper work, trucking, labor, etc. "I know that the town provides for a weekly pickup of rubbish piled at the curb (on Mondays) provided the rubbish is in cartons. This works out very well for small amounts accumulated by a home-owner but for the professional who has to haul truckloads, this would not be practical at all as he would have to accumulate a large number of cartons and this would involve extra labor charges to the customer. "This is no small issue as approximately 75% of the homes in the town are involved. The problem of the dump is not a new one and I agree that this situation is not an easy one to resolve. In the past the town had plenty of land which was used for dumping but this land has been slowly let go by the town for the build- ing of schools, etc. "I think that the landscape contractor, gardener, etc. play a very vital and important part in our community as we deal in a service that the community is in need of. During the water shortage, our industry was one of the few singled out when the restrictions were placed. This created a great drop in our business during that period. The closing of the dump now causes a further hardship. This kind of treatment will discourage rather than encourage us to continue our services in the community since the dumping fee is much too high. "In view of the above, I would like to see the Town council take quick action on this acute problem." During the ensuing discussion, Mr. Claps, Mr. Blaise Fatone and Mr. Mignarri, also landscape contractors, speaking for those so engaged who resided in the Town, emphasized the hardship imposed on them by the temporary closing of the Hommocks land-fill operation and the necessity of the Board's taking immediate action to provide such area to accommodate all gardeners. -7- The Deputy Supervisor and each of the Councilmen'present spoke at length on this matter explaining the circumstances in detail which had led to the temporary closing of the Hommocks area and assuring the gentlemen engaged in this profession who were present that they were making every effort and would continue to make every effort to come up with the answers to this situation at as early a date as possible. Mr. Claps thanked the Board but remarked that this did not solve their dilemma. 4. Letter - General Code Publishers A reminder from General Code Publishers Corp. addressed to the Board under date of April 28, 1967 was presented and ordered received and filed for the record. REPORTS The Town Clerk The Clerk presented the following reports which were here- with ordered received and filed for the record: Report of the Building & Plumbing Inspector for the month of April 1967. Municipal Dog Patrol report for the month of April 1967. Report of the Receiver of Taxes and Assessments for the month of April 1967. Report of Westchester Shore Humane Society, Inc. for the month of April 1967. The Supervisor (By Deputy Supervisor) 1. Summer Hours The Deputy Supervisor reporting for Supervisor Kane presented a memo addressed to him by the Comptroller under today's date and herewith ordered received and filed for the record. Thereupon on motion by Council- man Quadrine, seconded by Councilman Faiola, it was unanimously RESOLVED, that this Board hereby authorizes that the Town of Mamaroneck offices open at 8:30 a. m. and close at 4:30 p. m. daily for the period from Memorial Day to Labor Day 1967. Councilman Chalif Councilman Chalif was absent. -8- Councilwoman Helwig 1. Summer Recreation Program Councilwoman Helwig presented for the Board's informa- tion a copy of the Town of Mamaroneck Summer Recreation pamphlet prepared by the Superintendent of Recreation with an enclosure on the Sheldrake River Trails to be mailed to each resident of the Town within the coming week. The Board commended the Recreation Superintendent on both the design and format of the pamphlet as well as this summer's program. It also remarked on the fine informa- tional enclosure on the Sheldrake River Trails prepared by the Conservation Advisory Committee. Councilman Quadrine 1. Flyash Problem - Incinerator Councilman Quadrine reported that new mesh screens for installation at the base and top of the stack had been ordered; further he stated that daily rather than weekly cleaning of the chambers was now in effect, which he was hopeful would effect a real improvement in the present emission of flyash. He further reported that he had informed Mr. Marion Brown of the steps taken and that Mr. Brown had expressed his thanks and appreciation to the Board. 2. Road Repair - Irving J. Segall, 27 Stonewall Lane Councilman Quadrine reported that the Attorney in accord- ance with the Board's direction at the last meeting had written Mr. Segall as follows: "Pursuant to the provisions of the Town Law and the Highway Law before the Town undertakes to repair the road about which you have complained, it will be necessary to obtain deeds and/or con- sents to have the work done. "We would be most appreciative therefor if you could speak with your neighbors and have these deeds or consents forthcoming." He further advised that no reply had been received as of this date. Mr. Sidney J. Doherty, 3 Gaillard Place, New Rochelle Mr. Doherty upon recognition addressed the Board with reference to a newly passed law permitting municipalities if they chose to maintain and service private roads. A lengthy discussion followed with questions as to liabil- ity and other legalities were a municipality to operate under this law. The Attorney explained that such operation was legally permissible under this law but that the Town -9- did not choose to so operate because if it did it would then be liable. The discussion concluded with the Attorney suggesting to Mr. Doherty since his was the only residence on the street that if he wished the Town to maintain and service it, he deed it to the Town so that it could be accepted as a public street or highway. Councilman Faiola 1. Police Commission Recommendation - Emergency Ambulance Vehicle Councilman Faiola read for the information of those present the following letter addressed to him by Mr. A. C. Viebranz, Chairman of the Board of Police Commissioners under date of May 1, 1967: "This will confirm our conversation yesterday regarding the substitution of a station wagon for the usual Sergeant's patrol car in order to provide for the inclusion of a litter in the first aid equipment which is presently carried. "We would impose no objection to the addition of this equipment to the Department provided the vehicle that would be substituted met compar- able specifications to the car we have on the road, including such things as engine trans- mission, etc. I am sure you realize that the present car has been in service since January 1_ 1966 and has 45,000 miles on it. Therefore we recommend substitution of a new car immediately if possible. The matter of financing this trade- in, however, is out of the hands of the Depart- ment as we have no provision for either the new vehicle or its equipment in our budget. Such would have to be provided either from the Town budget or by other means. "In adding this equipment to our facilities, a number of things should be clearly understood: 1. The only item that we are actually adding is the litter itself as the present car carries oxygen, first aid equipment, pinch- bar, and all the other items that would be included in the wagon. 2. Use of the litter would have to be strictly limited to emergency situations as we do not have the manpower to provide a private ambulance service nor- do we wish to add this essentially non-law enforcement function to the duties of the Department. 3. Under no circumstances would an Officer be allowed to place anyone on the litter except on instructions from a doctor who was in attendance at the scene. We would very care- -10- W a' -js fully want to review the instructions which are to be issued to the men so that there would not be any legal liability involved. "I want to re-emphasize to you that the addition of this equipment will not solve what is the major problem at the present time, namely that we cannot obtain doctors for emergency situations. In fact, it has become fairly common practice to call for an ambulance not so much because we need the ambulance but because we need the doctor who will arrive with it. In view of the fact that the equipment mentioned above could not be used with- out a doctor in attendance, the lack of avail- ability of a doctor is still the major problem to be resolved." Upon the Comptroller's statement in reply to the Board's question that there were sufficient funds in the Part Town Surplus and Part Town Contingency to enable purchase of such a vehicle at this time, in accordance with the recom- mendation of the Board of Police Commissioners, it was the unanimous decision of the Board that such an emergency vehicle should be purchased and that the Commission be requested to proceed with the preparation of specifica- tions and publication of the Notice for Bids. Councilman Faiola then advised the Board that the Larch- mont Lions Club had offered to make a gift to the Town of funds for provision of the vehicle's equipment. The Deputy Supervisor thanked Councilman Faiola and through him, the Larchmont Lions Club but stated that it was her feeling that this offer should be made by letter direct to the Board of Police Commissioners since the matter was under the Commission's jurisdiction. The matter of establishing an "on-call" system for doctors, the manning of this emergency vehicle by personnel suffi- ciently qualified in first-aid techniques, and the provi- sion of a like vehicle to serve the Village of Larchmont were then discussed at some length with Mr. Stuart B. Miller, Jr., Chairman of the Red Cross Disaster Committee, of the Village of Larchmont, heartily endorsing the pro- ject and briefly recounting the remarks he had addressed to the Board of Trustees of the Village of Larchmont Monday evening. Mrs. Albert Croll - Murray Avenue P. T. A. Mrs. Croll advised the Board that she was quite certain from various efforts made by the P. T. A. with respect to the establishment of an "on-call" system for doctors that no formidable difficulty would be encountered in either - the Town or the Village. She also stated that she was delighted that the Town was proceeding so rapidly with the provision of this service. _11_ 'q, Mr. Thomas McCarthy of 57 Maple Hill Drive, Town Mr. McCarthy addressed the Board stating that he was in wholehearted agreement with the provision of such an emergency vehicle and with the remarks of both Council- man Faiola and Mr. Miller. He recited at some length a personal incident where such a vehicle would have been a wonderful service and stressed the fact that in his think- ing it was imperative for the Town and Village to estab- lish a "call-out" procedure for doctors along with the necessary ground rules for the vehicle's operation. Councilman Faiola replied that he, of course, was in complete agreement with this thinking but stated further that he felt there were phases in this project and that the first and most important phase was to obtain the vehicle, and then to have a joint meeting to work out the remaining phases pertaining to its operation. 2. Minutes - Family and Youth Committee Councilman Faiola presented the minutes of the April 4, 1967 meeting of the Larchmont-Mamaroneck Committee on Family and Youth which were herewith ordered received and filed for the record. OTHER BUSINESS 1. Mrs. Robert Hiebert, 38 Myrtle Boulevard, Town Mrs. Hiebert addressed the Board to inquire whether a report on the traffic conditions on Myrtle Boulevard had been received and was advised in the negative. 2. Mrs. Raymond Ellis, Hommocks Road Mrs. Ellis questioned the conduct and language of the per- sonnel on trucks operating on Hommocks Road stating she was sure they were town trucks. The Board stated that it would look into the matter immediately but it was highly possible that the trucks concerned were those of Polera, the school contractors. 3. Mr. Stuart B. Miller, Jr., 191 Larchmont Avenue, Town Mr. Miller advised the Board of the wonderful help Mrs. Ellis had given at the Chatsworth Avenue fire on Friday afternoon, April 28th. The Town Attorney - - The Attorney stated that he had no report at this time. -12- Al ADJOURNMENT There being no further business to come before the meet- ing, on motion duly made and seconded, it was declared adjourned at 0:30 p. m., to reconvene on May 17, 1967. BOARD OF FIRE COMMISSIONERS The meeting of the Board of Fire Commissioners was con- vened immediately upon the adjournment of the Town Board meeting. 1. Claims Commissioner Faiola presented for approval and authoriza- tion of payment the Fire Department claims, and thereupon on his motion, which was seconded by Commissioner Quadrine, it was unanimously RESOLVED, that the following Fire Department claims as audited by the Comptroller and approved by the Fire Chief are hereby approved, and the Supervisor and Comptroller hereby authorized to pay the same out of the Fire Department budget for 1967: R. G. Brewer, Inc. $ 73.38 Klein's 96.94 McGuire Bros., Inc. 10.00 Quality Auto Interiors, Inc. 39.20 Robert's 25.28 Robert's 449.90 Sound Tire & Supply Co., Inc. 29.16 The State Insurance Fund 1.10 Village of Larchmont 41.82 $ 766.78 2. Reports Commissioner Faiola presented the following report which was ordered received and filed for the record: Fire Report for April 1967. 3. Communications There were no communications to be presented at this time. 4. Other Business a) Chatsworth Avenue Fire Commissioner Faiola highly commended the Town on its help to its neighbor in the Chatsworth Avenue fire from 4:00 p. m. to 1:00 a. m. last Friday. The Commission heartily -13- ~r seconded Commissioner Faiola's remarks, and added its praises of Chief Comblo and the Village of Mamaroneck Fire Department which had also assisted with this fire. Fire Chief Loiaconi then advised the Board that the fire in the Larchmont Gables Apartments was now out, stating that the gas had been shut off and there were no tenant evacuations and that the damage had been confined to two apartments and the basement. 5.' Adjournment There being no further business to come before the meeting, on motion duly made and seconded, it was declared adjourned at 9:40 p. m. /~iry'~ct/vwn/ ,7M Perk -14-