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HomeMy WebLinkAbout1968_10_09 Town Board Minutes MINUTES OF A REGULAR MEETING OF THE TOWN BOARD OF THE TOWN OF MAMARONECK, HELD OCTOBER 9, 1968, 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 Kane Councilwoman Helwig Councilman Chalif Councilman Faiola Councilman Nagel Absent: None Also Present: Mr. Gronberg - Town Clerk Mrs. Brewer - Deputy Clerk Mr. Johnston - Town Attorney Mr. Altieri - Comptroller Mr. Paonessa - Building Inspector Mr. Widulski - Town Engineer APPROVAL OF MINUTES The minutes of the regular meeting of September 4th and the Special Meeting of September 12th, 1968 were presented, and on motion duly made and seconded, approved as submitted. OPENING OF BIDS The affidavits of publication of the Notices for Bids were presented for the record, and the following bids opened and read aloud: 1. Storm Drains and Manhole Hommocks Park Bidder Bid Salvatore Micelli $57,800. 00 Felix Contracting Corp. 58,800. 00 Bilotta Construction Corp. 49, 900. 00 In the interest of time, rather than refer the bids for examination and recommendation of award at the next meeting, on motion by Councilwoman Helwig, seconded by Councilman Faiola, it was unanimously -1- RESOLVED, that this Board hereby accepts the bid of the low bidder, to-wit the bid of Bilotta Construction Corp. in the amount of $49, 900. 00 for storm drains and manhole in Hommocks Park, provided that upon examination, said bid is found to comply with the speci- fications set forth in the Notice for Bids and is satisfactory in all respects to the Town Attorney, Engineer and Comptroller; and be it further RESOLVED, that the Town Clerk be and he hereby is authorized to return all bid checks except that of the successful bidder. 2. Installation of Fence - Hommocks Road Bidder Bid Frank E. Nash Fence Company $ 2, 296. 00 Since this was the only bid submitted, on motion by Councilman Faiola, seconded by Councilwoman Helwig, it was unanimously RESOLVED, that this Board hereby accepts the bid of the only bidder, to-wit that of Frank E. Nash Fence Company in the amount of $2, 296. 00 for installation of fence on Hommocks Road, provided that upon examina- tion, said bid is found to comply with the specifications set forth in the Notice for Bids and is satisfactory to the Town Attor- ney, Engineer and Comptroller in all res- pects. PUBLIC HEARING - Two Appeals for Sign Variances and Request for Designation of West. Community Opportunity Pro- gram, Inc. as Community Action Agency of Town On motion by Councilman Faiola, seconded by Councilman Chalif, it was unanimously RESOLVED, that the Public Hearing on two appeals for sign variances and the request for designation of Westchester Community Opportunity Program, Inc. as Community Action Agency of the Town of Mamaroneck, be and it hereby is declared open. The Clerk presented the Affidavit of Publication of the Notice of Hearing for the two appeals for sign variances which was herewith ordered received and filed as part of the record of this Hearing. _2- 285 The Supervisor then announced that the customary proce- dure would be followed in conducting the Hearing on these two appeals - that is, first the applicant or his attor- ney or representative would be heard; then those in favor of the application, followed by those in opposition there- to, thence proceeding to Appeal No. 1. 1. Appeal of C. Mayone Corp. 50 Boston Post Road The Supervisor reminded the Board that this application had been put over to this meeting from the July 3rd and August 7th meetings in accordance with the requests of F. M. Gagliardi, Esq. of Clark, Gagliardi, Gallagher & Smyth, Attorney for the applicant, in his letters addres- sed to the Town Attorney under date of June 24, 1968 and to the Supervisor under date of August 6, 1968 as pre- sented and ordered received and filed for the record at the July 3rd and August 7th, 1968 Town Board meetings respectively. Also recalled to the Board' s attention was the memoran- dum addressed to the Board by the Building Inspector under date of June 28, 1968, which described the three (3) existing non-conforming signs for which variances were sought, as presented at the July 3rd Town Board meeting and therewith ordered received and filed as part of the record of that meeting. The Supervisor then asked whether the applicant or his attorney wished to be heard on behalf of this applica- tion. Mr. J. J. Buderwitz, Jr. of Clark, Gagliardi, Gallagher & Smyth then introduced himself as counsel for the appli- cant and addressed the Board on behalf of the applicant' s petition, reviewing briefly the points set forth in the application. He stated that the applicant was appealing for permission to maintain the three (3) existing non- conforming signs for the following reasons : 1. That the building was located on a plot containing 77,536 square feet and having a frontage of 274 feet on the Post Road and a depth on either side of approximately 310 feet. 2. That the signs had been constructed and installed at a cost of $3, 552. 00 in 1954 and had complied with the relevant provisions of the Building Code then in force. 3. That Sign No. 1 (free standing pole sign) conformed with the contour of the land in size and location; and that since the sign was partly obscured by the building to the west (Pancake House) its size was necessary for visibility to the heavy fast Post Road traffic. -3- 256 4. That the size of Sign No. 2 (roof sign over entrance canopy) was necessary since it was located about 22 feet south of the Boston Post Road street line. 5. And that the large letters of Sign No. 3 (roof sign on building) were necessary for visibility to the eastward Post Road traffic particularly inasmuch as this sign, too, was partially obscured by the build- ing to the west. He also called to attention Exhibits "A" and "B", a map showing location of Sign No. 1 and a reproduction of Signs Nos. 1, 2 and 3, which formed a part of the said petition. Councilman Chalif, who stated that he had been looking at the petition which he was seeing for the first time, in- quired of Mr. Buderwitz whether the applicant was seeking variances for all three signs. Reply: Yes. Question: If all of these three non-conforming signs were removed, could any other sign be erected which would call attention to the Larchmont Motel? Reply: It would be doubtful. The Building Inspector then pointed out that the present free-standing pole sign was located back of the property line. He also said that in his opinion the applicant did have enough property frontage to permit the instal- lation of two free-standing signs which would conform to the Ordinance and be located so that they could be visible to traffic proceeding in both directions. Mr. Buderwitz called to attention that such signs would create much more of a traffic hazard than presently existed. Mr. Johnston then stated that he would like to ask the Building Inspector if, in his opinion, a sign could be placed in the vicinity of the Boston Post Road and con- form with the Ordinance. Reply: I believe a sign could be so designed and so erected. Question: Is all of the property around this area zoned for business? Reply: The properties in the area are zoned for business but roof signs are not permitted in this or any area, which therefor make the two roof signs in violation of the Ordinance. Councilman Chalif then observed that he would like to -4- recommend that decision in this matter be put over to the next meeting as he would like to inspect the area with the Building Inspector. The Supervisor inquired whether any one else, either on the Board or attending the meeting wished to offer any further comment or be heard either in favor of or in opposition to this application, and since no one did, on motion by Councilman Chalif, seconded by Councilman Faiola, it was unanimously RESOLVED, that the Public Hearing on this application be and it hereby is closed and decision reserved pending report at the next meeting of the Board. 2. Appeal of County Automotive Company, Inc. 194 Boston Post Road The Supervisor called to attention that this application had been filed by F. M. Gagliardi, Esq. of Clark, Gagliardi, Gallagher & Smyth, attorney for the applicant, on July 12, 1968 but held over to this meeting pursuant to his request contained in letter to the Building Inspector under date of July 24, 1968 as presented and ordered received and filed as part of the record of this Hearing. Also presented at this time and ordered received and filed as part of the record of this Hearing was memorandum ad- dressed to the Board by the Building Inspector under date -- of July 22, 1968, stating that this application was to allow the appellant to maintain an existing non-conform- ing wall sign (17 ' x 2 ' ) located on the northly side of the building. The Supervisor asked Mr. Buderwitz whether he was again Counsel for the apellant and if so whether he wished to address the Board on the subject application. Mr. Buderwitz replied in the affirmative and he spoke to the reasons for the applicant ' s appeal, reciting as follows : 1. That the building upon which the non-conforming sign was constructed was located on the northerly side of the Boston Post Road near the boundary line between New Rochelle and the Town on an irregular approxi- mately one-acre plot. 2. That all signs were constructed and placed on the building in 1961 at a cost of approximately $2100. 00 and that at that time they had complied in every res- pece with the relevant provisions of the Ordinance. 3. That due consideration had been given to the size of the building, its distance from the street-line and its angle with respect to the street line, and to the -5- 2185 traffic conditions on the Boston Post Road at the time the dimensions of the sign had been deter- mined. 4. That the building is in a rapidly growing commer- cial area and the sign therefor does not adversely affect surrounding property and that its replace- ment would work financial hardship upon the appli- cant. Mr. Buderwitz concluded his remarks by stressing that the location of this building necessitated the two signs along the east and west walls in order to be visible to the traffic since it was certainly obvious that one sign could not be visible to traffic from two directions. The Town Attorney then asked Mr. Buderwitz whether he thought it would be detrimental to his client if he con- formed to the Ordinance. Reply: Yes, he would lose one-half of advertising value. The Building Inspector pointed out that there was a free- standing sign which was conforming at the front of the property which would be seen by the traffic from both directions. The Supervisor then stated that the Ordinance had been changed to correct bad signs; that time had been given for such change and therefor suggested that the matter be taken under advisement. The Attorney asked whether before such action was taken he might ask several further questions, whereupon he inquired of Mr. Buderwitz if his client were granted a variance, for how long would he request same. Reply: For two years as stipulated in the Ordinance. The Attorney then advised that he had no further questions and thereupon since, in reply to the Supervisor ' s question, no one wished to be heard either in favor of or in oppo- sition to this application, it was on a motion offered by Councilman Chali£ and seconded by Councilman Faiola, unanimously RESOLVED, that the Hearing on this applica- tion be and it hereby is closed and decision deferred. 3. Designation of Westchester Community Opportunity Program, Inc. as Community Action Agency of Town The Clerk presented the Affidavit of Publication of the Notice for this Hearing, which was herewith ordered -6- -rzceived and filed for the record. After ascertaining that no one from the Mamaroneck Com- munity Action Committee was present to speak to this designation, the Supervisor requested Councilwoman Helwig to do so. Councilwoman Helwig then briefly summarized the request, dated August 15, 1968, as received from the Northeast Regional Office of the office of Economic Opportunity and herewith filed as part of the record of this Hearing. At two meetings called by O. E. O. to review amendments to the Economic Opportunity Act which she had attended, she stated that it had been made clear that local govern- ments should exercise their power to apply for recogni- tion of a Community Action Agency to serve their com- munity. She further stated that the Town had been well served by the Mamaroneck Community Action Committee (CAC) which was affiliated with the Westchester Community Opportunity Program, Inc. (Westchester Co-op) . Should the Town fail to designate this Program, she said, it is possible that the State or Federal government would designate another affiliation, it being the intent of the Regional Office to approve only three or possibly four Community Action Agencies in Westchester County thus merging the eight agencies which presently existed. She therefore recom- mended that the Town designate the Westchester Community Opportunity Program, Inc. at this time. Mr. Peter Mosher Upon recognition by the Chair, Mr. Mosher inquired whether this designation in any way called for an appropriation of funds. Councilwoman Helwig replied that no appropriation was called for at this time. However, she said, as you know the required local contribution of 20% of the total bud- get of the Mamaroneck Community Action Committee has been and is being privately funded by contributions of cash or services, which 20% local contribution was required under the Economic Opportunity Act in order to be eligible to obtain the 80% Federal allocation. Mr. Mosher then stated the reason he asked the question was that he would not want to have the present situation in New York City duplicated here. Councilwoman Helwig observed that she would like to ex- press her confidence in the Westchester Community Oppor- tunity Program, Inc. and in the Mamaroneck Community Action Committee made up of dedicated local citizens, and in furtherance of her recommendation and on her motion, which was seconded by Councilman Faiola, the -7- 290 following resolution was offered and adopted by unani- mous vote of the Board, all members thereof being pre- sent and voting "Aye" : WHEREAS, a public hearing has been held on this date, pursuant to Section C-4 Community Action Memorandum ##80, dated February 15, 1968, and issued by the Office of Economic Opportunity, Executive Office of the President, Washington, - D. C. , for the purpose of considering the designation of the Westchester Community Oppor- tunity Program, Inc. , 475 West Hartsdale Ave. , Hartsdale, New York, as the Community Action Agency of the Town of Mamaroneck; and WHEREAS, all persons interested have been given an opportunity to be heard; and WHEREAS, there is a need in the Town of Mamaro- neck for an agency to mobilize the resources of the community to enable low income families and individuals to attain skills, knowledge, motiva- tions and opportunities to become fully self- sufficient; and -- WHEREAS, the Westchester Community Opportunity Program, Inc, and its local advisory Board, the Mamaroneck Community Action Committee, has effectively served the greater Mamaroneck area since the establishment of the Anti-Poverty Pro- gram under the Economic Opportunity Act of 1964; and WHEREAS, the Westchester Community Opportunity Program, Inc. is structured so as to provide its program services at relatively low administrative costs by pooling the resources of component Towns and Villages which could not otherwise support independent programs, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Mamaroneck hereby designates the Westchester Com- munity Opportunity Program, Inc. , 475 West Harts- dale Avenue, Hartsdale, New York, as the Community Action Agency of the Town with responsibility for planning, coordinating and administering programs in the Town of Mamaroneck under the Economic Oppor- tunity Act, and be it further -8- ^x� v RESOLVED, that the Supervisor be and he hereby is authorized to advise the necessary parties of the action of this Board. OLD BUSINESS 1. Appointment of Dog Enumerator — Pursuant to communication addressed to the Supervisor by the State of New York Department of Agriculture and Mar- kets under date of August 14, 1968, and in accord with the Town Clerk' s recommendation, on motion by Councilman Nagel, seconded by Councilman Faiola, it was unanimously RESOLVED, that pursuant to Section 108 of the Agriculture and Markets Law, Eugene Agnessanto of 83 Myrtle Boulevard, Town, be and he here- by is appointed Dog Enumerator of the Town of Mamaroneck (Unincorporated Area) for the year 1969. 2. Decision - Appeal for Sign Variance Kenny ' s Floor Covering Co. 1329 Boston Post Road, Larchmont, New York The Supervisor stated that a public hearing had been held on this application and decision reserved at the last meeting so as to afford the Board ample time to give it careful consideration and study. He also requested at this time that the two letters pertaining to the appeal which had been addressed to the Board following the Sep- tember 4th hearing be read into the record as follows for the information of all present: a) Letter from Mrs. Norman Hinerfeld, dated Sept. 11, 1968 "You are to be applauded in your efforts to enforce the Town sign ordinance. "I am a firm believer in the necessity for sign and billboard legislation to curb the actions of those who feel that signs are more ' scenic' than trees ; three signs are better than one; and huge, blazing signs are best of all. "A case in point is the ' signsmanship' displayed by Kenny ' s Floor Covering Company. It does more than its share to contribute to the blighted appearance of one of the most unattractive stretches of the Post Road in the Town. "There appears to be no valid reason, compatible with the public good, why Kenny's variance to the sign ordinance should be extended". -9- b) Letter from Mr. Howard G. Sloane, President, Hom- mocks Property Owners Ass 'n. , Inc. dated Sept. 9, 1968. "On behalf of the members of our Association, all of whom reside in the immediate vicinity of Kenny ' s Floor Covering Company, I should like to strongly protest their application for a sign variance. "This enterprise is not in a ' strictly commercial area' as alleged. At the rear of this establish- ment is a private residence which was moved there as a consequence of the school construction pro- ject. Rockland Avenue, a strictly residential area, directly overlooks this structure. "It will be recalled that when the applicant ap- plied to the Zoning Board for other special pri- vileges several years ago, in seeking a variance to permit construction of a two-story building, several residents of Rockland Avenue appeared before the Zoning Board and strongly protested on the grounds that their property values would be adversely affected. This sign similarly af- fects the same property. "Furthermore, Kenny ' s is situated at the entrance to the Hommocks area, and the conduct of this business directly affects all of the residents of our area. The non-conforming. sign is unsightly, --- and indeed completely out of keeping with the resi- dential character of the surrounding area. "As regards the second allegation, that by conform- ing to the new Town sign ordinances they would suffer serious financial loss, I believe the accu- racy of this assertion is also subject to serious question. This company directly fronts on the Post Road, and a conforming sign would certainly seem adequate to attract the maximum number of customers. Furthermore, if a non-conforming sign is as advantageous to their business as they claim in their application, is it not also true that future competitors who would be required to live by the rules would be placed at an unfair competitive dis- advantage? "Most importantly, this Town Board has unfailingly distinguished itself by placing the interests of the total community above those of any individual. Accordingly, in keeping with the high tradition of your Board, we are confident that this application will be denied". The Supervisor then inquired whether any member of the Board wished to make any observation or further comment -10- on the application, whereupon Councilman Faiola stated that although the Board would like to help as many mer- chants as possible, in instances where signs were esthetically highly undesirable and blazing with illu- mination, it had no alternative except to deny their continued maintenance. Councilman Chalif reiterated that the present Ordinance had been passed to correct the very unfortunate situ- ation which existed and was rapidly deteriorating. He further stated that if the Board passed variances with- out real and substantial reason, it should not have adopted the new Ordinance. Studies made in advance of the Ordinance' s adoption five years ago, he said, had showed that everything should be done to bring back the area to a sane, sensible, quiet one rather than to con- tinue the deterioration which had been taking place in recent years. Councilman Nagel then questioned the Building Inspector as to the time factor involved - - and was advised that all owners of non-conforming signs had been notified that they were in violation; that they had been given a grace period of five (5) years to amortize their in- vestment, and that they had been further notified by the Building Department of the expiration of the said 5-year grace period one month prior to its expiration five months ago. In reply to further question, Mr. Paonessa advised Councilman Nagel that applicants were notified of denial of a variance appeal and were given ten (10) days following receipt of the date of such notifica- tion (certified copy of resolution of denial) in which to either make the existing non-conforming signs con- forming, or to remove them from the premises. He further stated, in reply to question as to penalty, that there was a penalty, namely a fine of $100. 00 per day for each day of non-compliance. In reviewing its findings of fact, the Board set forth the following observations : 1. That the existing non-conforming signs had been constructed under temporary permits issued by the Building Department prior to the adoption of the present Sign Ordinance. 2. That the applicant was notified on July 16, 1963 by the Building Department that the existing signs were in violation of the Sign Ordinance for the following reasons : - a) That the existing signs did not comply with the new Ordinance due to the fact that they were located on the roof of the building; -11- X 9 4 b) That they are oversized in height and length; c) That the exposed illumination is not permit- ted by the new Ordinance; d) That the locations of the signs on the sides of the building are not permitted. 3. That further on July 9th, 1968, the applicant was re notified of the expiration of the 5-year grace period given for amortization of investment in the existing non-conforming signs. 4. That the Board finds that the maintenance of these six existing non-conforming signs would detrimen- tally affect the residential area contiguous to this property. 5. That no hardship would be caused to the applicant by making the existing signs conforming because of the lengthy 5-year period granted for amortiza- tion of investment, notification and re-notifica- tion of violation of the Sign Ordinance, and because conforming signs could be designed and in- stalled that would attract passing traffic to the showroom. 6. That the applicant also failed to show reason why the existing signs could not be modified and re- used in conformity with the Sign Ordinance. The Supervisor then inquired whether any member of the Board wished to make any further comment - and if not, inquired as to the Board' s pleasure in the matter. whereupon, since it was the Board ' s feeling that after its careful and detailed review and study of the appli- cation and the statements made at the hearing together with the documents presented and filed as part of the record of said hearing, it felt the 5-year grace period provided in the Ordinance gave more than ample time for amortization of investment, and that the applicant had not demonstrated any hardship in complying with the provisions of the Ordinance, Councilman Faiola stated that he saw no alternative other than to recommend denial of the appeal and accordingly on his motion, seconded by Councilman Chali£, the following resolution was offered: WHEREAS, Kenny' s Floor Covering Co. , Inc. as owner of property known as 1329 Boston Post Road, Larchmont, New York, and more particularly set forth on the Tax Map of the Town of Mamaroneck as Block 412, Par- cel 309, has submitted to the Building Department an application seeking permis- sion to maintain six (6) non-conforming -12- existing signs as follows : Signs Nos. 1 & 2 - located at the right and left sides of building and non-conforming with Sections 8 (c) - 10 (c) and 8 (a) of the Ordinance; Sign No. 3 - non-conforming with Sec- tions 1-0 (c) and 8 (c) of Ordinance; Sign No. 4 - non-conforming with Sec- tions 8 (c) - 10 (c) and 8 (b) of Ordinance; Signs Nos. 5 & 6 - located on both sides of pylon and non-conforming with Sections 10 (c) and 8 (c) of Ordinance; all of the above being illuminated signs ; and WHEREAS, said application was denied by the Building Inspector on the following grounds : Signs Nos. 1 & 2 - No. 1 on Hommocks Road side, projects above roof - line and has exposed illumi- nation; No. 2 on Dunkin Donuts side, projects above roof line and has exposed illumina- tion; Sign No. 3 - Oversized in height, pro- jects above roof line and has exposed illumination; Sign No. 4 - Oversized in length, pro- jects above roof line and has exposed illumination Signs Nos. 5 & 6 - Pylon signs which are.:over- sized and have exposed illumination; and WHEREAS, the applicant submitted as his reasons for seeking a variance so as to allow mainte- -19- 296 nance of all of the above set forth signs, the grounds that the signs, when installed in 1953, complied with the Building Code, that they do not adversely affect the sur- rounding properties and that their instal- lation represents an investment of approxi- mately $13, 000. and that replacement would work considerable hardship upon the owner; and WHEREAS, the applicant has applied to this Board for a variance from the controlling provisions of Article 19 of the Building Code of the Town of Mamaroneck pursuant to Section 12 of said Article; and WHEREAS, a public hearing was duly called before this Board at its regular meeting had on September 4th, 1968 pursuant to Sec- tion 12 of Article 19 of the Building Code; and WHEREAS, the Board has reviewed the applica- tion and has heard all persons interested in the application, and finds that the condi- tions and standards required by Article 19, Section 8 of the Building Code of the Town of - Mamaroneck will not be met; NOW, THEREFORE, BE IT RESOLVED, that the application of Kenny ' s Floor Covering Co. , Inc. is hereby denied on the following grounds : a) As to Signs Nos. 1 and 2 - illuminated roof signs projecting above roof line at the sides of the building. The applicant has completely failed to show that any hardship will be caused by his having to make these signs conforming; b) As to Sign No. 3 - oversized in height, pro- jects above roof line and has exposed illumi- nation. The applicant has again failed to show that hardship will result by his having to have this sign conform with the Ordinance; c) As to Sign No. 4 - oversized in length, pro- jects above roof line and has exposed illumi- nation. The applicant has again failed to show that hardship will result by his having to have this sign conform with the Ordinance; -14- 297 d) As to Signs Nos. 5 and 6 - pylon signs which are over-sized and have exposed illumination. The applicant has again failed to give evi- dence that any hardship would be caused by having these signs made to conform; and be it further RESOLVED, that the applicant shall comply with the Sign Ordinance as presently constituted and shall remove the existing non-conforming signs within ten (10) days of the date of . receipt of certified copy of this resolution, which shall be forwarded to the applicant and the Building Inspector. Upon roll call, the foregoing resolution was adopted by unanimous vote of the Board, all members thereof being present and voting "Aye". 3. Decision - Appeal for Sign Variances Castro Realty Corp. 1289 Boston Post Road, Larchmont The Supervisor stated that a public hearing had been held on this application at the last meeting of the Board and decision reserved so as to allow ample time for the Board to give it careful study and considera- tion. He then asked whether any member of the Board or Mr. Sansone, Attorney for the applicant, who was - present, wished to offer any comment or be heard further. Mr. Sansone then addressed the Board, stating that as the Board would remember, he had called attention at the last meeting to the fact that the Castro Corp. was planning to tear down the existing building and was presently engaged in having plans prepared for the erection of a new modern two-story structure on the site, which plans were somewhat delayed by the archi- tect as explained in letter addressed to him by the said company under date of July 8, 1968 as presented and filed with application at the September 4th hear- ing. He concluded respectfully requesting that the appeal for a 9-month extension be granted for the reasons set forth in the application and its appended letters, and recited at the hearing on September 4th. The Supervisor inquired of Mr. Sansone whether he was suggesting that the Board should wait 9 months to decide whether the five (5) existing non-conforming signs should come down, adding that he could not see why the signs could not be designed now for the new building. -15- 998 Mr. Sansone advised that the existing signs represented an investment of $6,400. 00 and that since it would be almost impossible to design signs for the new building prior to completion of the plans, the removal of the present signs and subsequent erection of new signs on the new building would work great hardship on his client. Councilman Faiola asked Mr. Sansone when his client would be prepared to submit the plans to the Building Inspector. Mr. Sansone replied - "hopefully by the end of October". The Supervisor then stated that it was his thought that Castro be granted a 90-day extension for maintenance of the present signs pending the submission of the plans for the new structure. Councilman Chalif, after recalling the already 5-month old expiration of the 5-year grace period given, recom- mended as more practical, a 6-month extension subject to removal of the said signs at the end of said 6-month period. And thereupon based on the facts presented at the pub- lic hearing and the findings of this Board, he offered a motion for the adoption of the following resolution which was seconded by Councilman Faiola: WHEREAS, Castro Realty Corp. , as owner of the property known as 1289 Boston Post Road, Larch- --- mont, New York, and as 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 application asking permission to maintain five (5) existing non- conforming signs as follows : a) - Sign No. 1 - an oversized wall sign located at rear of building in viola- tion of Section 8 (f) . b) - Sign No. 2 - an oversized sign located over the entrance to building and pro- jecting above the roof line in vio- lation of Section 10 (c) . c) - Signs Nos. 3 & 4 - roof signs violating Section 8 (c) . d) - Sign No. 5 - free-standing oversized sign located on westerly side of build- ing in violation of Section 8 (d) all of the above being illuminated signs; -16- " and WHEREAS, said application was denied by the Building Inspector on the grounds that all of the five (5) existing non-conforming signs were in violation of the provisions of the Sign Ordinance as hereinabove set forth; and WHEREAS, the applicant submitted as his reasons for seeking a variance so as to allow the temporary continued maintenance of all of the above set forth signs for a period of 18 months on the grounds that these signs when installed under temporary permits issued on December 7, 1954 and April 21, 1955 com- plied with the Building Code, and that said applicant has shown that unnecessary hardship would be caused him by his having to remove the said signs representing an investment of some $6,400. 00 while he is in the procedure of having plans prepared for a new building which will have signs conforming in all res- pects with the provisions of the Sign Ordi- nance and replace the existing building which will be demolished; and WHEREAS, the applicant has applied to this Board for a variance from the controlling provisions of Article 19 of the Building Code of the Town of Mamaroneck pursuant to Section 12 of said Article; and WHEREAS, a public hearing was duly called before this Board at its regular meeting had on September 4th, 1968 pursuant to Sec- tion 12 of Article 19 of the Building Code; and WHEREAS, the Board has reviewed the applica- tion and has heard all persons interested in the application; and WHEREAS, the Board finds that it would be unreasonable to have the applicant remove the existing non-conforming signs prior to submission to the Building Department of -17- the plans and specifications for the new structure; NOW, THEREFORE, BE IT RESOLVED, that the application of Castro Realty Corp. for a variance to permit the temporary continued maintenance of said existing non-conforming signs is hereby granted for a period of six (6) months sub- ject to the following condition: That the five (5) existing non-conform- ing signs presently on the premises will be allowed to be maintained for a period of six (6) months from the date of receipt of a certified copy of this reso- lution provided that at the expiration of said alloted 6-month period, the signs will either be removed from the property or made to conform with the provisions of the Sign Ordinance in every respect. Upon roll call, the foregoing resolution was adopted by unanimous vote of the Board, all members thereof being present and voting "Aye" - and the Clerk was directed to forward certified copies to the applicant and Build- ing Inspector. The Supervisor - - At this time the Supervisor varied the regular order of business to accommodate a rather large group of ladies who were present, entertaining the following item as the next order of business. Item 10 under New Business - Murray Avenue PTA Request for Sidewalk on Weaver Street - Murray Ave. to Bonnie Way, and Authoriza- tion of Survey therefor At the Supervisor ' s request a letter addressed to the Board by Janet D. Moore, President - Judith W. Kandler, Corresponding Secretary - Janet H. Clark, Chairman - Cecilia L. Mruk, Co-Chairman and Joan Brout, Member, of the Murray Health and Safety Committee respective- ly, all of the Murray Avenue Parent-Teacher Associ- ation, dated October 7 , 1968, was read into the record as follows: "As you know, there is no sidewalk on Weaver Street, or even a continuing footpath, be- tween the end of Murray Avenue and the area of Bonnie Way. Many residents have brought -18- this to your attention over the past years, and they are actively interested in this new effort. There are now approximately 70 children who either walk to Murray Avenue School, Saints John and Paul, the Hommocks School, or the High School. Moreover, Murray Avenue children are requested to walk in order to prevent bad traffic jams at the school. They often have walked through the woods, but inclement weather makes this difficult. In addition, un- pleasant incidents have taken place, and parents of the children involved feel that walking along a street is much safer. How- ever, walking along this section of Weaver Street is not safe. The situation has be- come more and more dangerous, not only for children, but also for any residents, their visitors and their employees. This part of Weaver Street is not only very narrow; the traffic is heavy, the speed of cars often excessive, and there are dangerous curves. In fact, there have been too many unneces- sary traffic accidents in this area. "We ask that you build some kind of a side- walk along this portion of Weaver Street, and we also request that, in order to expedite this as soon as possible, this subject be placed on your agenda for Octo- ber 9th so that the Town Board can authorize -- a survey by the Town Engineer, and the esti- mated cost can be included in the 1969 Town budget. We feel sure that since the State has co-operated in such matters before, securing permission for an improvement on this state road will be forthcoming. "Your concern for the residents of our com- munity, and your cooperation in solving hazardous situations in the past has been most efficiently demonstrated. In fact, the sidewalk on lower Weaver Street between Palmer Avenue and the Boston Post Road has been a tremendous improvement in affording the protection of pedestrians and general traffic safety. "We look for your continued dedication to this cause". The Supervisor then stated that he would like to thank those ladies who had been gracious enough to come to -- his office to bring a real and serious problem of their children to the attention of Councilwoman Helwig -19- and himself. He further stated that, in view of the extremely serious nature of this problem, the Town Engineer had been asked to survey the area and inves- tigate the possibilities for the construction of such a sidewalk as requested. The Clerk then presented a memorandum addressed to the Board by the Engineer under date of October 8, 1968 following his perusal of the area involved, which requested authorization to solicit informal proposals for surveying Block 106, Parcels 405 and 163, which was herewith ordered received and filed as part of the record of this meeting. And thereupon, on motion offered by Councilwoman Helwig and seconded by Councilman Nagel, it was unanimously RESOLVED, that the Town Engineer be and he hereby is authorized to engage a licensed Land Surveyor to furnish to the Town of Mamaroneck, a street right-of-way survey on property running along the westerly side of Weaver Street and known as Block 106, Par- cels 405 and 163 on the Tax Assessment Map of the Town of Mamaroneck. Councilman Chalif remarked that there were some diffi- cult problems involved in this matter which might not be able to be resolved by this Board, citing as an example certain historical properties whose owners were not happy about and would object to any change in the lands involved. Mrs. Clark asked when this survey would be completed - whether before budget - and was advised that it was to be hoped so but at this time, it was difficult to even approximate any date since the authorization for the beginning of the necessary procedures had just been given this evening. Mr. Morton Stern - 3 Stonewall Lane Upon recognition, Mr. Stern recalled to the Board the long-promised Prince Willows sewer, stating that he hoped these ladies would be given a "fair shake" in their request. At the Supervisor ' s request, the Town Engineer then briefly reviewed the status of the Prince Willows sewer as of this date, explaining that as soon as the construction of the necessary spur line (G-1) by the County had been completed, the Town would proceed with the subject construction, adding that he would advise Mr. Stern just as soon as he had further infor- mation from the County. -20- Mrs. Clark then inquired what the procedure would be after the survey was made. Mr. Widulski, in replying, stated that there was a great deal of ground-work which must be done, such as consultation with the State, the AAA, etc. and that he could not approximate a time-table of any kind at this date. Mrs. Clark, speaking on behalf of all of the ladies present expressed their thanks to the Board and to Mr. Widulski, and further pointed out that they hoped the Board clearly understood that there was no concern or fussiness about the kind of walk that could be installed, just that some kind of walk be installed. The Supervisor The Supervisor then stated that the regular order of business would now be resumed and proceeded to the first item under New Business. NEW BUSINES 1. Authorization of Change in Salary - Police Chief and Police Lieutenant Pursuant to memoranda of the Chairman of the Board of Police Commissioners dated October 2nd and of the Town Comptroller dated October 7th, 1968, herewith present- ed and ordered received and filed for the record, on motion by Councilman Faiola, seconded by Councilman Chalif, it was unanimously RESOLVED, that this Board hereby autho- rizes that the following be compensated in the amounts and as of the effective dates stated below: James J. O'Brien appointed Chief of Police. effective September 19, 1968 be compen- sated at an annual rate of $12,840. 00 James Staropoli appointed Police Lieuten- ant effective September 30, 1968 be com- pensated at an annual rate of $10, 340. 00. 2. Authorization of Payment of Claim and Transfer of Funds - Premium River Pursuant to memorandum of the Comptroller dated October 7, 1968, herewith presented and ordered filed for the -21- 310 record, on motion by Councilwoman Helwig, seconded by Councilman Chalif, it was unanimously RESOLVED, that this Board hereby authorizes payment of claim submitted by John L. Delius, Esq. for Professional Services rendered in connection with the acquisition of property at Dillon Park for recreational purposes in the amount of $875. 00; and be it further RESOLVED, that the following transfer of funds necessary therefor be made: From - Part Town Contingency - A/C 505 $875. 00 To - Premium River Project - A/C 515 $875. 00 3. Engagement and Salary Authorization for Senior Engineering Aide Pursuant to memorandum of the Comptroller dated October 7, 1968, herewith presented and ordered received and filed for the record, on motion by Councilman Faiola, seconded by Councilman Chalif, it was unanimously RESOLVED, that this Board hereby author- izes that the position of Senior Engineer- ing Aide of the Town of Mamaroneck be re- classified from - - Job Group VIII - ($5, 700 - $7, 280) to Job Group XI - ($7,700 - $9,860) ; and be it further RESOLVED, that pursuant thereto, Morris Bufi be and he hereby is appointed Senior Engineering Aide of the Town of Mamaro- neck, to serve in the Offices of the Town Engineer and Town Assessor, effective as of October 7th, 1968, and to be compen- sated at the rate of $8, 240. 00 per annum; and be it further RESOLVED, that this Board hereby author- izes that said Senior Engineering Aide, -22- 05 Morris Bufi, shall be compensated at the rate established under Step 3 of Job Group XI in the Town of Mamaroneck' s Compensation Plan to become effective as of January lst, 1969. 4. Application for Water Main Extension Wild Oaks Development Partnership Upon presentation of memorandum addressed to the Board — by the Town Engineer under date of September 16, 1968 submitting application for extension of water main by Wild Oaks Development Partnership at no cost to the Town, dated September 16, 1968, and herewith ordered received and filed for the record, on motion by Coun- cilman Nagel, seconded by Councilman Faiola, the following resolution was adopted by unanimous vote of the Board: RESOLVED, that this Board hereby authorizes the installation of 250 lineal feet of 4" water main in property located at the cul- de-sac end of existing Leatherstocking Lane through new extension of Leatherstocking Lane and known as Block 320 - Parcels 430 and 426 on the Tax Assessment Map of the Town of Mamaroneck, said main to be install- ed by the applicant at no cost to the Town of Mamaroneck, and to be in conformity with the drawings approved by the Planning Board of the Town of Mamaroneck, the requirements. of the Westchester Joint Water Works, and subject to the applicant ' s furnishing all easements required to the satisfaction of the Town Attorney; and be it further RESOLVED, that certified copies of this reso- lution be forwarded to the applicant, the Town Engineer, and the Westchester Joint Water Works. 5. Application for Water Main Extension 1019 Old White Plains Road Pursuant to application dated October 9, 1968, here- with presented by the Town Engineer and ordered received and filed for the record, on motion by Coun- cilman Faiola, who pointed out that the Town does need water in this area and that the installation of this main at a shared cost between the Town and the deve- loper, Charles Williams, would be advantageous to the Town in that it would provide water and a fire hydrant in this area, seconded by Councilwoman Helwig, the following resolution was adopted by unanimous vote of the Board: -23- q06 RESOLVED, that this Board hereby authorizes the installation of 360 lineal feet of 12" and 200 feet of 8" water main and a hydrant on property located at 1019 Old White Plains Road and known as Block 326, Parcel 62 on the Tax Assessment Map of the Town of Mama- roneck, said main and hydrant to be installed at a cost not to exceed $6, 000. 00 to be shar- ed by the developer, Charles Williams, who will pay the amount of $2, 000. 00 and the Town of Mamaroneck which will pay the balance, and to be in conformity with the drawings approved by the Planning Board of the Town of Mamaro- neck, the requirementsof the Westchester Joint Water Works, and subject to the developer fur- nishing all easements required to the satis- faction of the Town Attorney; and be it further RESOLVED, that this authorization is granted contingent upon execution of an Agreement between the said developer, Charles Williams, and the Town of Mamaroneck, which Agreement is to be prepared by the Attorney for the developer, Mr. Williams ; and be it further RESOLVED, that the Supervisor be and he here- by is authorized and directed to execute the said Agreement on behalf of the Town of Mama- roneck. 6. Amendment of Resolution Denying Sign Variances Pursuant to request of the Building Inspector as stated in his memorandum of October 7, 1968 addressed to the Board and as endorsed by the Town Attorney, herewith presented and ordered received and filed for the record, on motion by Councilman Chalif, seconded by Councilman Nagel, the following resolution was adopted by unanimous vote of the Board, all members thereof being present and voting "Aye" : RESOLVED, that this Board hereby amends the resolution denying sign variances by addition so as to include the following: "and be it further "RESOLVED, that the applicant shall comply with the Sign Ordinance as presently constituted and shall re- move the existing non-conforming sign within ten (10) days of the date of receipt of certified copy -24- k of this resolution, which shall be for- warded to the applicant and Building Inspector". 7. Authorization to Advertise for Bids - Sewer and Storm Drain Installation, Bonnie Way and Weaver Street Pursuant to memorandum addressed to the Board by the Town Engineer under date of October 4, 1968 herewith presented and ordered received and filed for the record, on motion by Councilman Faiola, seconded by Councilman Chalif, it was unanimously RESOLVED, that this Board hereby author- izes the Town Clerk to publish in the official newspaper of the Town of Mamaro- neck, The Daily Times, Notice for Bids for Installation of Sewer and Storm Drains at Bonnie Way and Weaver Street in accordance with the specifications set forth in said Notice; bids to be returnable, opened and read aloud at the November 6, 1968 regular meeting of this Board. 8. Authorization to Advertise for Bids - --- Street Lighting Equipment Pursuant to memorandum addressed to the Board by the Town Engineer under date of October 6, 1948 herewith presented and ordered received and filed for the record, on motion by Councilman Chalif, seconded by Councilman Nagel, it was unanimously RESOLVED, that this Board hereby author- izes the Town Clerk to publish in the official newspaper of the Town of Mamaro- neck, The Daily Times, Notice for Bids for street lighting equipment in accor- dance with the specifications set forth in said Notice; bids to be returnable, opened and read aloud at the regular meeting of this Board, November 6, 1968. Mrs. Ann Sheinhouse -13 Dante Street Mrs. Sheinhouse, upon recognition by the Chair, inquired about the street lighting throughout the Town calling particular attention to many serious cases of vandalism _._ in the Myrtle Boulevard Parking Lot. The Town Engineer replying at the Supervisor ' s request, stated that the Town had three lights in the Myrtle Boulevard Parking Lot which certainly gave plenty of illumination. -25- Mrs. Clark Mrs. Clark referred to a request for the installation of a yellow blinker signal at the intersection of Forest Avenue and Weaver Street to operate at least during school hours which, it was suggested, remain a part of the study to be conducted by the State Traffic Engineer. 9. Application for Special Permit - Bonnie Briar Country Club, Inc. - Addition to Clubhouse The Clerk presented a letter addressed to the Town Board by Mr. Lee C. Gibson, President of the Bonnie Briar Country Club, Inc. under date of October 8th, 1968 submitting plans for a 30 ' extension south of the present clubhouse building, together with memo- randum addressed to the Board by the Building Inspec- tor under date of October 7, 1968 submitting applica- tion for special permit for said construction, which were herewith ordered received and filed for the record. Whereupon, on motion by Councilman Nagel, it was unani- mously RESOLVED, that pursuant to Section 432 of the Zoning Ordinance the application of Bonnie Briar Country Club, Inc. for a 30 ' addition south of the present clubhouse be and it hereby is referred to the Town of Mamaroneck Planning Board for study and re- port to this Board prior to public hearing thereon as required by law. At this time the Supervisor recognized Mr. Roberts, Manager of the Club, who was present and asked him whether there was any comment he wished to make. Mr. Roberts said "no" and the Town Engineer through the Chair, called to Mr. Roberts ' attention the lack of shrubbery around the pool suggesting that he bring this to the attention of the proper authorities prior to consideration of the present application. 10. Murray Avenue PTA Request for Sidewalk on Weaver Street - Murray Ave. to Bonnie Way, and Authorization of Survey This matter was presented earlier this evening. COMMUNICATIONS 1. Letter, George Forbes, Jr. - Exemption Larchmont Reservoir Property A letter addressed to the Board by George P. Forbes, -26- 1-4109 Jr. , Village Attorney of the Village of Larchmont under date of October 2, 1968 concerning the 1968 legislative amendment of the Real Property Law relating to exemption from real property taxation of water plants, pumping stations, water treatment plants and reservoirs owned by a municipal corpora- tion not within its own corporate limits, and re- quest for consideration of such exemption of the Larchmont Reservoir, was herewith presented and ordered received and filed for the record. Also presented for the Board' s information was a memorandum addressed to the Board by Town Attorney Johnston under date of October 8, 1968 advising the Board that Chapter 835 of the Real Property Law relating to exemption of municipal water plants, pumping stations, water treatment plants and reser- voirs as amended June 22, 1968 is permissive, not mandatory, and that it is therefore the Town Attor- ney ' s opinion that if the Town does not want to agree it is not so obliged. 2 and 3 - Letters; Mr. Harold H. Klein and Messrs. Gaynor, Freeman, Glick & Pisani, Attorneys, re Sewer problem - Valley Stream Road Letters addressed to the Board by Mr. Harold H. Klein of 140 Valley Stream Road under date of September 23, 1968 and by Gaynor, Freeman, Glick & Pisani, Attorneys of 271 North Avenue, New Rochelle, on behalf of their client, Mrs. Loretta T. Ensinger of 146 Valley Stream Road, under date of October 5, 1968 were herewith pre- sented and ordered received and filed for the record. The Supervisor briefly reviewed the instances to which these letters referred and paid tribute to the various departments concerned therewith for their prompt and efficient service on the Sunday evening when the pro- blem occurred. He further stated that the Town would follow through with the County of Westchester on the conditions obtaining and would address a letter thereon to Mr. Guy Griffin, Deputy Commissioner of the Department of Public Works of Westchester County. 4. Letter, Muscular Dystrophy Associations of America, Inc. - Westchester Chapter Pursuant to letter addressed to the Town Clerk by the Westchester Chapter, Muscular Dystrophy Associations of America, Inc. , requesting permission to solicit during its annual drive in November, which was here- with ordered received and filed for the record, on motion by Councilman Faiola, seconded by Councilman Chalif, it was unanimously -27- RESOLVED, that this Board hereby grants per- mission to the Westchester Chapter of Muscu- lar Dystrophy Associations of America, Inc. to conduct its annual drive "March Against MD", in the Town of Mamaroneck during the month of November, 1968 and be it further RESOLVED, that the Town Clerk be and he here- by is authorized and directed to so notify the Association, extending the Board' s best wishes for a most successful drive for this very worthy cause. 5. Letter, Westchester County Soil and Water Conservation District The Clerk presented a letter addressed by Peter Q. Eschweiler, Secretary, Westchester County Soil and Water Conservation District dated September 23, 1968 which was herewith ordered received and filed for the record. Councilwoman Helwig, in speaking to this letter at the Supervisor' s request, advised the Board that the Town ' s Conservation Advisory Committee recommended support of the appended Memorandum of Understanding and was mak- ing a request for an Agreement between the Westchester County Soil and Water Conservation and the Town. She _ pointed out that such an Agreement would give the Town technical assistance in exchange for its implementing sound principles of soil and water conservation in land use and thereupon since the Board unanimously con- curred with Councilwoman Helwig ' s remarks, on her motion, seconded by Councilman Chalif, it was unani- mously RESOLVED, that the Supervisor be and he hereby is authorized to execute on behalf of the Town of Mamaroneck the Memorandum of Understanding between the Westchester County Soil and Water Conservation Dis- trict and the Town as herewith submitted by the said District. 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 September, 1968. Report of the Building & Plumbing Inspector for the month of September, 1968. -28= Town Clerk' s Report for the month of August, 1968 Report of the Westchester Shore Humane Society, Inc. for the month of September, 1968. Report of the Municipal Dog Patrol for the month of September, 1968. Reports of Receipts and Disbursements, Town of Mamaro- neck, for the periods January 1 through August 31, and January 1 through September 30, 1968. Affidavit of Publication of Registration Notice. Supervisor Kane - - 1. Letter, Murray Avenue P. T. A. The Supervisor read into the record the following letter addressed to him by Mrs. Henry 0. Kandler, Corresponding Secretary, Parent-Teacher Association of Murray Avenue School under date of September 18, 1968: "On behalf of the Murray Avenue Parent- Teacher Association I would like to thank you and the Town Council for the completion of the sidewalk along Weaver Street, between Palmer Avenue and the Boston Post Road. "It is gratifying to know that, despite the legal, technical and practical snags which frustrated all of us who were con- cerned with the project, you and the Town Council felt the urgency of the matter, and worked hard to assure the completion of the walk in time for the opening of the new Hommocks School". Mr. Robert J. Lawrence - 12 Jason Lane Mr. Lawrence, upon recognition by the Chair, address- ed the Board at this time to inquire as to the fate of the Ordinance he had proposed and discussed with the Town Attorney as submitted at the last meeting of the Board pertaining to "curbing your dog". In replying, the Town Attorney advised Mr. Lawrence that the municipality had a problem as to spelling out where dogs were to walk and could actually rule only on "curbing your dog" in an Ordinance. 2. Change of Meeting Date The Supervisor called attention to the proximity of -29- the next regular meeting to tonight ' s meeting, and thereupon in accordance with his recommendation that the second meeting in October be moved over one week, on motion by Councilwoman Helwig, seconded by Coun- cilman Nagel, it was unanimously RESOLVED, that the date of the second meet- ing in October be changed from October 16, to October 23, 1968. Councilwoman Helwig - - 1. Request of Tax Receiver - Cancella- tion of Liens (in rem tax lien fore- closures) Pursuant to letter addressed to the Board by Leo N. Orsino, Receiver of Taxes, under date of October 7, 1968 herewith presented by Councilwoman Helwig and ordered received and filed for the record, on her motion, seconded by Councilman Nagel, it was uani- mously RESOLVED, that this Board hereby author- izes the Receiver of Taxes to cancel the following liens on the properties listed herebelow in connection with the contem- plated in rem tax lien foreclosures: Block 506 - Parcel 500 (in the bed of street known as Pheasant Run) Sale of Amount of Lien 1960 $4. 76 1961 7. 98 1962 8. 09 Block 832 - Parcels 800 - 832 - 501 (landlocked triangular area on Washington St. ) Sale of Amount of Lien 1954 $2. 56 2. Thruway Noise Meeting (Not on Agenda) Councilwoman Helwig called to the Board' s attention a Public Meeting on October 16, 1968 to be held at City Hall, New Rochelle, New York, at 8:00 p. m. which meet- ing the Governor ' s Office had requested the Thruway Authority to schedule, furnishing copies of a Notice thereof to all members of the Board and the press for informational and publicity purposes. Councilman Chalif - - 1. Authorization for Retention of Proskauer Rose Goetz & Mendelsohn, Attorneys-at-Law Councilman Chalif recounted briefly the PERB instituted 30 action against the local PBA in connection with the events of last July 21st, resulting in a hearing set for October 4, 1968. He reported that during discussion of this matter with the Town Attorney and the Police Commission, it had been pointed out that the law firm of Kirschenbaum, Moskowitz and Shapiro, representing the local PEA was a firm which were specialists in the field of labor disputes and labor relations. He further pointed out that this particu- lar hearing was one of the first of its kind in the State, and that it was felt that the Town should avail itself of special counsel in the labor relations field and have the kind of representation that the local PBA had in the Kirschenbaum firm in this matter. He called to attention the fact that the Town' s excel- lent Attorney was a part-time Attorney and that he had been under great pressure not only in this but in many other Town legal matters for many months past. To bear this out he quoted the recommendation contained in the Town Justices ' 1969 budget requisitions that the Attorney be given a part-time assistant. He then stated that a study had been made of law firms specializing in the Taylor Law and labor relations generally with subsequent determination to engage the firm of Proskauer Rose Goetz & Mendelsohn to represent the Town in this matter at a fee of $60. 00 per hour plus expenses, retroactive to October 1, 1968; where- for on a motion offered by him and seconded by Coun- cilwoman Helwig, it was unanimously RESOLVED, that this Board hereby author- izes the retention of the firm of Pros- kauer Rose Goetz & Mendelsohn, 300 Park Avenue, New York City, New York, as Special Counsel for the Town of Mamaro- neck at a fee of $60. 00 per hour plus expenses, retroactive to October 1, 1968, to represent the said Town In The Matter of the Town of Mamaroneck PBA, Inc. upon the Charge of Violation of Section 210. 1 of the Civil Service Law, Case No. D-0008 before the New York State Public Employees Relations Board. Councilman Nagel then inquired whether there was any maximum to be applied to this cost, to which Council- man Chalif replied in the negative, explaining that at this juncture, it was impossible to come up with even an approximate figure. In reply to Councilman Nagel ' s next question as to whether this was not a dangerous open-end, Councilman Chalif said that while it might be impossible to esti- mate any maximum cost for this service, it was felt that this hearing would not go on forever, that the Town had to be represented, that it could not go by default, and consequently in this situation, he did -31- 1 not think there was cause for any great concern. Mr. Peter Mosher Mr. Mosher, upon recognition, stated that he was in agreement with Councilman Chalif, and thanked him for his clarification of what the subject firm had been engaged for since there had been some confusion in the account reported in the local press. He also -- commented that the Town Attorney was under-paid. Mrs. Ann Sheinhouse Mrs. Sheinhouse inquired whether any answers had been received from the agencies contacted in connection with the proposed Police Survey. The Board replied that, to its great disappointment, it had not received any proposals as of this date although it had particularly stressed its hope that some would be received in time for tonight 's meeting. She also expressed her concern about the involved police proceedings of the past months and the monies that had been and would be spent in legal fees, etc. and inquir- ed whether there was anything that could be done to alleviate the situation. She was advised that, as she knew, every effort had been made, and was being made to alleviate the situation. She then inquired whether it might not be better for the Town to have a full-time Town Attorney. In reply to this question, Councilman Chalif stated this would not answer in any way the present situation which re- quired the services of specialists in a particular field of the law, and that for that reason provision was made under the Town Law to authorize payment of special counsel fees, comparing this situation to the "General Practitioner" vs the "Specialist" in the medi- cal field. Mrs. Mary Curtis Mrs. Curtis asked where the money would come from to pay for such open-end legal fees and was assured by Councilman Chalif that municipal budgets contained such items as "contingency funds" and that he felt quite certain that it would be possible to keep the Town of Mamaroneck from bankruptcy. Councilman Faiola - - Councilman Faiola stated that he had no report to pre- sent at this time. -32- Councilman Nagel - - Councilman Nagel, who was welcomed back from his trip abroad by the Supervisor, also stated that he had no report to present at this time. The Town Attorney - - 1. Authorization for Issuance of Duplicate Lien (#13) - Block 131 - Lot 40 The Town Attorney presented a letter from Norman Fran- kel, Esq. dated August 20, 1968 requesting that a duplicate tax lien be issued covering the tax lien sold at the tax lien sale of 1959 on Block 131, Parcel 40, in the amount of $160. 97 plus interest and penal- ties on the ground that the original had been lost, which property is owned by Joseph Barr. He further advised that a check in the amount of $200. 00 was on deposit in the Office of the Comptroller to cover same and accordingly requested that the Tax Receiver be authorized to issue such duplicate lien. Whereupon, on motion by Councilman Chalif, seconded by Councilman Faiola, it was unanimously RESOLVED, that a duplicate lien covering the premises known as Block 131, Parcel 40 on the Tax Assessment Map of the Town of Mamaroneck, sold to Joseph Barr at the tax lien sale held in May of 1959 in the amount of $160. 97 plus interest and penalties, may be issued to Joseph Barr pursuant to the provisions of Sections 566 and 582 of the Westchester County Administrative Code, (Chapter 852 of the Laws of 1948) , provided that Joseph Barr file with the Town of Mamaroneck a surety company bond pursuant to Section 582 of the Westchester County Administrative Code in the sum of $200. 00 to indemnify the Town against any loss or claim result- ing from the production of the original lien, if found; such bond to be in form satisfactory to the Town Attorney. OTHER BUSINESS 1. Mr. Lafayette Dixon The Supervisor at this time recognized Mr. Dixon of the CAC who had just arrived at the meeting and asked him whether he would like to address the Board on the matter of the designation of the CAC of the Town of the Town of Mamaroneck which he, of course, pointed -33- AJ out had been so designated at the hearing earlier this evening. Mr. Dixon thanked the Supervisor, apologized for his late arrival and expressed his gratitude. 2. Mr. Robert Lawrence Mr. Lawrence inquired about the necessary 20% local contribution to be eligible for the 80% Federal govern- ment allotment. Mr. Dixon explained that this contribution "in kind", 20% of the total budget, was raised three ways - lst, by cash, 2nd by contributions of equipment, etc. and 3rd by contributions of time given to the Program. Mrs. Sheinhouse inquired how the Building Fund was com- ing along and was advised by Mr. Dixon that it was coming - and that this coming Sunday there would be a Jazz Concert given by noted musician, Lionel Hampton, at the Mamaroneck High School, the proceeds of which would be donated to the Building Fund. ADJOURNMENT There being no further business to come before the meeting, on motion duly made and seconded, it was declared adjourned at 10 :25 p. m. to reconvene on October 23, 1968. 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 author- ization of payment, the Fire Department claims, and thereon on his motion, which was seconded by Commis- sioner Nagel, it was unanimously RESOLVED, that the following Fire Depart- ment 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 1968: Atlantic Exterminating Corp. $ 14. 00 R. G. Brewer, Inc. 58. 47 -34- 317 Con Edison $100. 70 Con Edison 10. 00 Dri-Chem Extinguisher Co. 4. 25 Excelsior Auto Rep. & Mach. Wks. 100. 59 Gulf Oil Corp. 56. 53 I. & T. Plumb. & Heat. Co. , Inc. 16. 75 McGuire Bros. , Inc. 7. 00 New York Telephone Co. 58. 90 New York Telephone Co. 33. 75 New York Telephone Co. 46. 75 Rheingold Breweries, Inc. 64. 65 Suburban Communications, Inc. 17. 30 Westchester Joint Water Works 35. 22 Total $ 624. 86 2. Reports Commissioner Faicla presented the Fire Report for the month of September, 1968, which was ordered received and filed for the record. 3. Communications There were no communications to be presented at this meeting. 4. Other Business The Fire Chief reported on the drill in connection with Fire Prevention Week and on the correction of the alarm system at the Central School and the hook- up of the system at the new school. 5. Adjournment There being no further business to come before the meeting, on motion duly made and seconded, it was declared adjourned at 10:30 p. m. , to reconvene on October 23, 1968. Char J. 'jGronbergf To lerk -35-