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HomeMy WebLinkAbout1965_08_04 Town Board Minutes Q Co MINUTES OF A REGULAR MEETING OF THE TOWN BOARD OF THE TOWN OF MAMARONECK, HELD AUGUST 4, 1965, IN THE COUNCIL ROOM OF THE WEAVER STREET FIRE-HOUSE, WEAVER STREET, TOWN OF MAMARONECK. CALL TO ORDER The Supervisor called the meeting to order at 8 :15 p.m. ROLL CALL Present: Supervisor Burchell Councilman Kane Councilwoman Helwig Councilman Quadrine Absent: Councilman Brush Also Present: Mr. Gronberg - Town Clerk Mr. Johnston - Town Attorney Mrs. Brewer - Deputy Clerk Mr. Altieri - Comptroller Mr. Kellogg - Town Engineer THE SUPERVISOR -- Because of the large number of persons attending the meet- ing, the Supervisor stated that the meeting would be adjourned to the Auditorium. APPROVAL OF MINUTES The minutes of the regular meeting of June 2, 1965, were presented, and on motion duly made and seconded, approved as submitted. OPENING OF BIDS - Hommocks East Creek Enclosure Part 1 The Clerk presented the affidavit of publication of the notice for bids for the record and opened and read aloud the following bids: Bidder Bid Santoro Contracting Co. $ 16, 140. 00 Girondo Const. Corp. 16,400.00 Naclerio Const. Co. , Inc. 24, 850.00 Felix Contg. Corp. 27 , 200.00 L. G. Trucking, Inc. 24, 250. 00 Lindine Const. Corp. 16, 048.00 Paterno and Sons, Inc. 21, 250.00 Miceli & Miceli Corp. 17, 500.00 Whereupon, because of the urgency of time, on motion by Councilman Kane, seconded by Councilwoman Helwig, it was unanimously RESOLVED, that this Board hereby accepts, sub- ject to approval of the Town Attorney, Town En- gineer and Comptroller, the bid of the low bidder, to-wit the bid of Lindine Construction Corp. in the amount of $16, 048. 00, for the construction of the -1- Hommocks East Creek Drain Enclosure - Part I in accordance with the plans and specifications prepared,by the Town Engineer. and be it further RESOLVED, that the Town Clerk be and he here- ', by is authorized to return all bid checks except that of the successful bidder. PUBLIC HEARING - Application for Special Permit Knappland, Inc. - 5 Washington Square On motion by Councilman Kane, seconded by Councilman Quadrine, it was unanimously RESOLVED, that the public hearing be and it now is declared open. The Clerk presented the affidavit of publication of the No- tice of Hearing for the record, and at the Supervisor's re- quest, the Attorney reviewed the application requesting a special permit granting permission to convert a portion of the existing automobile storage garage facilities for undercoating new motor vehicles on the premises located at 5 Washington Square, the memorandum of the Building Inspector as pre- sented and filed at the May 19th Town Board meeting and the Report of the Planning Board as presented and filed at the July 7th meeting. The Supervisor then invited those persons who wished to be heard on the application to address the Board, stating that first those in favor would be heard, then those in opposition. And thereupon, the following persons were heard: In favor: -- Mr. Hunter Meighan, Attorney Mr. Meighan explained that he was appearing this evening for George Forbes, Attorney for the applicant, and sought permission of the Chair to read the petition of the applicant inasmuch as many of those who were present at this meeting had not at any time had the opportunity to hear the said pe- tition. He then, with the Chair's consent, read the petition, as amended in paragraphs No. 7 and No. 8, also submitting the following exhibits, which, at his request, were hereby ordered received and filed as a part of the record of this hearing: Exhibit No. 1 - Petition carrying the signatures of nine (9) neighbors and property ow- ners favoring the granting of the application. Exhibit No. 2 - Letter addressed to the applicant by the 3M Company under date of April 21, 1965, defining undercoating ma- terial to be used as a water disper- -Z- sion material, thus being non- inflammable and having no toxic vapors. Exhibit No. 3 - Excerpt sheet showing type of "gun" proposed to be used. Exhibit No. 4 - Letter addressed to the Town Board by Orsid Realty Company, owners of property housing garage, dated - April 30, 1965, stating that said com- pany had no objections to the pro- posed use. Exhibit No. 5 - Photocopy marked in red showing lo- cation of garage. In Opposition: -- Letters and Petition Ten letters presented by the Clerk which were addressed to the Supervisor in protest to the application by residents of the Washington Square and Stonecrest Apartments, to- gether with petition signed by 116 residents of the Washing- ton Square, Stonecrest, Chatsworth Gardens and Larchmont Hills Apartments, hereby ordered received and filed as a part of the record of this hearing. Mr. Jerome N. Wanshel, Attorney Mr. Wanshel, Attorney representing the woners of No. 2 Washington Square, opposed the application for the following reasons: 1) That the garage had been permitted as a neces- sary concommitant only to service the tenants. 2) That the proposed use being quasi-industrial would be improper in this high-type residen- tial neighborhood. 3) That the proposed use would create incon- venience, hardship to many persons, and in general add to the traffic and safety hazards already existant. Mr. Joseph Albertson, Attorney Mr. Albertson, attorney representing his client, Mr. Charles Harwood, a resident of No. 1 Washington Square, protested the granting of this application on the following grounds: First - That the tenants deserved first considera - tion in this matter. Second - That the garage had been allowed only for the tenants' use and that there had been no change in conditions of tenancy to warrant this application, which ostensibly was for the purpose of increasing income. -3 4 Al JL I Third - That there was a legal question as to this Board's jurisdiction and its right to hear this application and he therefore moved for dismissal. Fire Chief Librandi The Fire Chief stated that he had inspected the premises and studied the proposed plans and that he opposed the appli- cation on the grounds of increasing the fire hazards. Mr. Hayden Smith, President - Larchmont Hills Civic Association Mr. Smith stated that his letter was on file, but that he would like to again stress two (2) points thereof for the rec- ord at this time: First - That the approval of this application would permit the processing of merchandise for sale, a type of activity not in harmony with this area. Second- That the delivery of the merchandise to be processed by carrier would create an ex- tremely hazardous traffic condition in an area already having traffic problems and congestion. And thereupon following a lengthy discussion with some further discussion of technical questions on equipment and material necessary to the proposed use, insurance, safety, health and traffic hazards, all of which the granting of this application would affect, since upon the Supervisor's in- quiry no one else wished to be heard, on motion by Council- man Kane, seconded by Councilman Ouadrine, it was unan- imously RESOLVED, that the hearing be and it hereby is declared closed. Whereupon, on the Attorney's advice to the Board that it had jurisdiction in this matter and his recommendation that therefore Mr. Albertson's motion for dismissal be denied, the Board unanimously so ordered. And thereupon, in view of Councilman Kane's observation that the subject garage had been permitted solely as a stor- age facility for tenants ' cars and that he could see no reason for change, and the Supervisor's statement that although this Board had unlimited confidence in the Planning Board, in this instance the conditions set forth in its recommenda- tion for approving the application raised a serious supervi- sion question, and the Fire Chief's position in the matter, on a motion offered by Councilman Kane and seconded by Councilwoman Helwig, it was RESOLVED, that the application of Knappland Inc. for a Special Permit granting permission to convert a portion of the existing automobile -4- storage garage facilities for undercoating new motor vehicles on premises located at 5 Washington Square, Town, and known as Block 137, Parcel 449 on the As- sessment Map of the Town of Mamaroneck, be and it hereby is denied, and that the subject structure shall be used solely for the purposes specified in resolution adopted by the Zoning Board of Appeals of the Town of Mamaroneck on June 23, 1954 and in conformity with the present Zoning Ordinance of the Town of Mamar- oneck. Upon roll call, the vote on the foregoing resolution was as follows: Supervisor Burchell - Aye Councilman Kane - Aye Councilman Brush - Absent Councilwoman Helwig - Aye Councilman Quadrine - Aye The resolution was therefore declared duly adopted and the application denied by unanimous vote of the Board, with four (4) members thereof present and voting "Aye", and Councilman Brush absent and therefore not voting. OLD BUSINESS 1. Reports of Planning Board on: a. Application for Special Permit - Victor Mancini On the subject matter, the Planning Board report, dated August 2, 1965 and recommending that the application be granted subject to the conditions recited therein, was pre- sented and ordered received and filed as part of the min- utes of this meeting. Mr. Robert Garlock, attorney for the applicant, offered a motion for dismissal on the grounds that the Board was without jurisdiction in this matter since the applicant was seeking only the installation of automatic car-washing equipment in a public garage. During the ensuing discussion, the Town Attorney ques- tioned whether "car-washing business" was an integral part of the operation of a public garage or filling station, whereupon the Board requested that a memorandum of law be prepared and submitted to it for its study and con- sideration in connection with this matter, and thereupon pursuant to usual procedure, on motion by Councilman Kane, seconded by Councilman Quadrine, it was unani- mously RESOLVED, that a public hearing be held on the subject application at the next regular meeting of this Board, September 1, 1965, at 8: 15 p. m. , in the Council Room of the Weaver Street Firehouse, Weaver Street and Edgewood Avenue, Town of Ma- Maroneck, and that notice of such hearing be pub- lished in The Daily Times as required by law. -5- JL0 b. Application for Special Permit - C. LaBarbera In accordance with the Board's request, the Planning Board's report, dated August 3, 1965, recommending that the application of Ciro LaBarbera of 434 Boston Post Road, Town, for permission to install gasoline pumps on the said premises, be granted subject to the condition recited therein, was herewith presented and ordered received and filed as a part of the record of this meeting. Whereupon it was directed that a public hearing on the application be held at the next regular meeting of this Board in accordance with usual procedure, and thereupon, on motion by Councilwoman Helwig, sec- onded by Councilman Kane, it was unanimously RESOLVED, that the Town Clerk be and he hereby is authorized to publish in the official newspaper of the Town of Mamaroneck, The Daily Times, a notice of public hearing, to be held at the next reg- ular meeting of this Board on Wednesday evening, September 1, 1965, at 8:15 p. m. , in the Council Room of the Weaver Street Firehouse, Weaver Street, Town of Mamaroneck, as required by law. 2. Applications for Swimming Pool Permits a. Mr. John Miele - 31 Country Road Pursuant to direction at the last meeting, notification of the subject application was sent to the two neighboring property owners - Mr. Marcus A. Mintzer of 24 Orsini Drive, and Ridgeway Knolls Homes, Inc. , 19 Black Birch Lane, Scarsdale. There was no reply to either notifica- tion. Whereupon, since the members of the Board had per- sonally viewed the site of the proposed pool and had no ob- jections to its location, pursuant to memorandum of the Building Inspector, dated July 27, 1965, herewith pre- sented and ordered received and filed as a part of the rec- ord of this meeting, on motion by Councilwoman Helwig, seconded by Councilman Kane, the following resolution was adopted by unanimous vote. with direction that certified copies thereof be forwarded to the applicant and Building Inspector: WHEREAS, Mr. John Miele has presented an appli- cation for a permit to construct a swimming pool and appurtenances on premises located at 31 Coun- try Road, Town, and known as Block 315, Parcel - 69 on the Assessment Map of the Town of Mamar- oneck; and WHEREAS, the Building Inspector of the Town of Mamaroneck has examined the plans and specifica- tions for the proposed pool; and 6- 'q WHEREAS, the Building Inspector finds that the plans and specifications, as amended and sup- plemented to include certain recommended con- ditions, conform in all respects with the re- quirements 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. John Miele for a permit to construct a swimming pool on his premises located at 31 Country Road, Town, and known as Block 315, Parcel 69 on the Assessment Map of the Town of Mamaroneck, is hereby approved, and the Building Inspector is hereby authorized to issue a permit for same pro- vided the pool is constructed in conformance with the plans and specifications submitted and filed with the application as amended and supplemented to show compliance with the following conditions: 1) That the pool deck be kept a minimum dis- tance of 10 feet from the side lot. 2) That an evergreen screen be placed along the full width of the pool between the nor- therly side of the pool deck and the nor- therly side lot line. 3) That the main drain from the pool be con- nected to the house drainage system in ac- cordance with the Plumbing Code. 4) That a self-closing-and-locking gate be provided. 5) That should any out-door lighting be in- stalled, it be so arranged that all the light sources are shielded and directed away from neighboring premises. 6) That no temporary or portable cabanas or awnings are placed on the property. 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. b. Mr. Enrico Caruso - 16 Wildwood Circle Pursuant to direction at the last meeting, notification of the subject application was sent to the two neighbor- ing property owners, Mr. Ero N. Los of 14 Wildwood Circle, and Mrs. Edith Perutz of 250 Pinebrook Boule- vard, New Rochelle. No reply was received from -7- either of the parties notified. And thereupon, since each of the members of the Board had personally viewed the site for the proposed pool and had no objections thereto, pursuant to memo- randum of the Building Inspector, dated July 23, 1965, herewith presented and ordered received and filed as a part of the record of this meeting, on motion by Coun- cilman Kane, seconded by Councilman Quadrine, the following resolution was adopted unanimously with dir- ection that certified copies thereof be forwarded to the applicant and Building Inspector: WHEREAS, Mr. Enrico Caruso has presented an application for a permit to construct a swimming pool and appurtenances on premises located at 16 Wildwood Circle, Town, and known as Block 507, Parcel 54 on the Assessment 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; and WHEREAS, the Building Inspector finds that the plans and specifications, as amended and supple= mented to include certain recommended conditions, conform in all respects with the requirements 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. Enrico Caruso for a permit to construct a swimming pool on his premises located at 16 Wildwood Circle, Town, and known as Block 507, Parcel 54 on the Assessment Map of the Town of Mamaroneck, is hereby approved, and the Building Inspector is hereby authorized to issue a permit for same pro- vided the pool is constructed in conformance with the plans and specifications submitted and filed with the application as amended and supplemented to show compliance with the following conditions: 1) That the main pool drain be piped and dis- charged into Premium River. 2) That a 2 x 2 x 3 foot deep catch basin be provided on the discharge side of the fil- ter's back-wash before discharging into the main drain mentioned above. 3) That a separate pool-type heater of the type approved for the use in connection with out- door swimming pools be installed instead of -8- J_0 the combination type shown on the plan. Should this equipment be installed above ground, it should be placed in a struc- ture having its interior walls constructed of a material having a fire retarding rate of one (1) hour. This structure should al- so be located a minimum distance of five (5 ) feet from the side lot line. 4) That a self-closing-and-locking gate be provided. 5) That if any out-door lighting is installed, it be so arranged that all the light sources are shielded and directed away from neigh- boring premises. 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 on Condition of Dump and Larchmont Harbor Waters For the Board's information, a report on the condition of the Dump and Larchmont Harbor Waters, addressed to the Board by the Engineer, was herewith presented and ordered received and filed as a part of the record of this meeting. NEW BUSINESS 1. Authorization for the Collection of School Taxes for 1965 In accordance with the Tax Receiver's request, on mo- tion by Councilwoman Helwig, seconded by Councilman Kane, it was unanimously RESOLVED, that the Town Board of the Town of Mamaroneck, in accordance with Section 550a of the Westchester County Tax Act, being Article 16 of the Westchester County Administrative Code as amended by Chapter 386 of the Laws of 1962, does hereby authorize the Receiver of Taxes of the Town of Mamaroneck to accept from any tax- payer two partial payments in equal installments for or on account of school taxes and apply such payments on account thereof, and that he shall ac- cept payment of said school taxes in full at the discretion of the taxpayer, or as stated in two partial payments, with the first installment being due and payable in the month of September and the second being due and payable in the month of -9- January following, provided that no installment may be paid unless the first installment of cur- rent school taxes, including interest and penalty, shall have been paid or is paid at the same time. If the secondpartial payment is received during the month of January, no interest or penalty shall be charged against the second partial pay- m ent; and be it further -.- RESOLVED, that as provided in said statute, unless the first partial payment is received dur- ing the month of September and the second par- tial payment is received during the month of Jan- uary, the penalty provided for payment of school taxes as set forth in Section 542 shall be applic- able as follows: First Installment September - No penalty October - Z% November - 5% December & January - 7% February & March - 10010 April & thereafter up to date of sale - 12% Second Installment February & March - 10% April to date of sale - 12% and be it further RESOLVED, that the first installment shall be due and payable and become a lien on the taxable prop- erty of the school district on September 1, 1965, and the second installment on January 1, 1965; and be it further RESOLVED, that the Town Clerk, the Comptroller, the Receiver of Taxes, and the Assessor shall pre- pare a suitable form of tax receipt, to be prepared at the expense of the Town; and be it further RESOLVED, that pursuant to Section 551 of Chap- ter 386 of the Laws of 1962, a statement concern- ing the tax information be printed, and the Re- ceiver of Taxes shall mail with each receipt for taxes a printed copy of such statement; and be it further RESOLVED, that the schedule of penalties be as follows: -10- Penalty Schedule 1st Half 2nd Half September No penalty -------- October 2% -------- November 5% -------- December & January 7% -------- February & March 10% 10% April to date of sale 12% 12% and be it further RESOLVED, that this resolution shall take effect immediately. 2. Designation of Polling Places 1965 - 1966 Pursuant to the Clerk's recommendation herewith pre- sented and filed as part of the record of this meeting, on motion by Councilman Kane, seconded by Councilwoman Helwig, it was unanimously RESOLVED, that in accordance with the provisions of Section 66 of the Election Law, being Chapter 17 of the Consolidated Laws of the State of New York as amended, the Town Board of the Town of Ma- maroneck hereby designates a place for each elec- tion district in the Town, at which a meeting for the registration of voters, election, and primaries - shall be held in the year following the ensuing first (1st) day of October as follows: District No. 1 Mamaroneck Avenue School, Mamaroneck Avenue, Mamaroneck, New York District No. 2 Volunteer Firehouse, Mamaroneck Avenue, Mamaroneck, New York District No. 3 Mamaro Firehouse, Palmer Avenue, Mamaroneck, New York District No. 4 Central School Annex, Boston Post Road, Ma- maroneck, New York District No. 5 Mamaroneck Avenue School, Mamaroneck Avenue, Mamaroneck, New York District No. 6 Chatsworth Avenue School, Forest Park Avenue, Larchmont, New York -11- s District No. 7 Chatsworth Avenue School, Forest Park Avenue, Larchmont, New York District No. 8 St. Augustine's School Gymnasium, Larchmont Avenue, Larchmont, New York District No. 9 Chatsworth Avenue School, Forest Park Avenue, L*axchrnont, New York District No. 10 Showroom, Alfredo's Foreign Cars, 325 Boston Post Road, Larchmont, New York District No. 11 Chatsworth Garden Apartments, 14 No. Chats- worth Avenue, Larchmont, New York District No. 12 Murray Avenue School, Daymon Terrace, Larchmont, New York District No. 13 Murray Avenue School, DaymonTerrace, Larchmont, New York District No. 14 Central School, Palmer Avenue, Larchmont, New York -- District No. 15 School of Sts. John & Paul, Weaver Street, Larchmont, New York District No. 16 Mamaroneck Junior High School, Boston Post Road, Mamaroneck, New York District No. 17 Central School Annex , Boston Post Road, Ma- maroneck, New York District No. 18 Carleton House, Washington Square, Larchmont, New York District No. 19 Weaver Street Firehouse, Weaver Street, Larchmont, New York District No. 20 School of Sts. John & Paul, Weaver Street, Larchmont, New York District No. 21 Murray Avenue School, Daymon Terrace, Larchmont, New York -12- District No. 22 Palmer Terrace Apartments, Palmer Court, Mamaroneck, New York District No. 23 Mamaroneck Junior High School, West Post Road, Mamaroneck, New York District No. 24 Mamaroneck Avenue School, Mamaroneck Avenue, Mamaroneck, New York 3. Authorization for Street Light Installations - Job #33 Pursuant to memorandum of the Engineer, dated August 2, 1965, herewith presented and filed as part of the record of this meeting, on motion by Councilman Kane, seconded by Councilwoman Helwig, it was unanimously RESOLVED, that this Board hereby authorizes street light installation job #33 as follows: Five (5) Admirals Hat type fixtures with 8' brac- ket arms, at a cost of $60. 99 each - or a total of $304. 95, to replace fixtures located at: 1) No. Chatsworth Avenue - 1 E of Rockingstone pole No. WLC-2 L-434 2) No. Chatsworth Avenue - 2 E of Rockingstone pole No. WLC-2 L-198 3) No. Chatsworth Avenue - 4 E of Rockingstone pole No. WLC-23 L-199 4) No. Chatsworth Avenue - 2 W Bryson -- pole No. WL-37 L-254 5) Corner No. Chatsworth Avenue and Birch pole No. NYT-6 4. Memo - New York State Work - Weaver Street, etc. The Clerk presented a memorandum addressed to the Board for informational purposes by the Engineer under date of August 3, 1965, reporting on certain work to be undertaken by the State on Weaver Street (tree removal, resurfacing, etc. ) which was herewith ordered received and filed for the record. 5. Authorization for Transfer of Funds Pursuant to memorandum of the Comptroller, dated August 3, 1965, herewith presented and filed for the rec- ord, on motion by Councilman Quadrine, seconded by Councilwoman Helwig, it was unanimously RESOLVED, that this Board hereby authorizes the following transfer of funds within the 1965 budget: From - General Town Miscellaneous Contingency Fund a/c 507 $1600. -13- To - General Fund - Town Attorney Stenographic services a/c 103 $1600. COMMUNICATIONS 1. Letter from Mrs. R. J. Scheuer "Village Fours" Program The Clerk presented a letter of invitation addressed to the Supervisor and Councilmen by Mrs. R. J. Scheuer - to visit the "Village Fours" program on Friday, August 6th, at 10:00 a. m. , which was herewith ordered re- ceived and filed. Councilman Kane and Councilwoman Helwig were designated to represent the Town at this program. 2. Memorandum - Possible Excavation Ordinance to Control Site Damage Pursuant to memorandum of the Engineer, dated July 28, 1965, herewith presented and filed as part of the record of this meeting, the Board directed that the communication and ordinances appended thereto, be referred to the Planning Board for thorough study and recommendation, upon com- pletion of such study, to this Board. 3. Notices of Hearing - Proposed Amendments to Zoning - Ordinance, City of New Rochelle The subject notices were herewith presented and or- dered received and filed for the record following review and advice by the Attorney that the said amendments would tend to upgrade the Ordinance and not be harmful to any Town properties. REPORTS The Town Clerk -- The Clerk presented the following reports, which were ordered received and filed for the record: - Report of the Receiver of Taxes and Assessments for the month of July, 1965. Report of the Westchester Shore Humane Society, Inc. for the month of July, 1965. Report of the Town Clerk for the month of July, 1965. Municipal Dog Patrol Report for the month of July, 1965. Affidavit of publication of notice of filing of Report of -14- the State Comptroller's Examination of the Accounts and Fiscal Affairs of the Town of Mamaroneck, for the period beginning January 1, 1962 and ending on December 31, 1963. The Supervisor -- 1. Dates for September Meetings In concurrence with the Supervisor's recommendation that two Board meetings be held in September in order to facilitate certain matters presently before the Board, on motion by Councilwoman Helwig, seconded by Coun- cilman Quadrine, it was unanimously RESOLVED, that two (2) regular meetings of this Board be held in September, on the 1st and 15th, the regular meeting dates, at 8:15 p. m. , in the Council Room of the Weaver Street Firehouse, Weaver Street, Town of Mamaroneck. 2. New Haven Railroad Services of Mr. Thomas Moore Following the Supervisor's review of Mr. Moore's ex- ceptional service to the Town as its Special Counsel in the matter of the New Haven proceedings before the ICC, on unanimous motion of the Board, it was RESOLVED, that the Supervisor address a com- - munication to Mr. Moore on behalf of the Board and the residents of the Town, expressing the thanks and appreciation of all for the extraor- dinary services Mr. Moore had performed in serving without compensation as Special Coun- sel to the Town of Mamaroneck in the matter of the New Haven proceedings before the I. C. C. Councilwoman Helwig -- 1. Anti-noise Bill Councilwoman Helwig reported Governor Rockefeller's signing of the Anti-noise Bill, to become effective on Oc- tober 1, 1965, presenting for the record and herewith or- dered received and filed, a copy of the article thereon as carried in the July 23rd edition of The Mamaroneck Daily Times. Each of the members of the Board individually con- gratulated Councilwoman Helwig and the members of the Thruway Noise Abatement Committee, paying high tri- bute to the said Committee and to the trucking industry representatives on their fine cooperative effort during the entire past four-year period of their endeavor to obtain such legislation. -15- 3 Councilwoman Helwig further advised the Board that the Thruway Authority was already instituting steps to implement the law, and that 400 letters of thanks to the many officials, organizations and persons who had worked in one way or another to achieve passage of this bill had been mailed this past week. 2. Mailing - Conservation Advisory Committee Councilwoman Helwig reported that the Conservation Advisory Committee, at the suggestion of Councilman Quadrine, was studying the possibility of mailing "A Message from Your Conservation Advisory Committee" to every resident of the Town. 3. In Memoriam Resolution Colonel Renfrew S. Allen On motion unanimously offered, the following resolu- tion was adopted in memoriam to Colonel Renfrew S. Allen, member of the Town Recreation staff, to be spread upon the minutes of this meeting with copy for- warded to Mrs. Allen: Whereas , Renfrew S. Allen was a valued mem- ber of our Town of Mamaroneck Rec- reation staff for two summers, and Whereas , his untimely death while in the per- __ formance of his duties is a distinct loss to the people of the Town whom he served with both skill and devo- tion; Now , Therefore , Be It Resolved , that the Town Board records with sorrow the loss of this fine public servant and good friend, and ex- presses its deep sympathy to the family of Colonel Allen on his sud- den and tragic death; and be it further Resolved , that this resolution be spread upon the minutes of this meeting and that a copy thereof be sent to Mrs. Allen. Councilman Kane -- 1. Dillon Park Area Councilman Kane reported that a survey was under way as a first step toward the acquisition of these lands for a further park and recreation area in the Town and that a report would be presented on the matter at a later date. -16- 2. Personnel Changes - Highway Dept. Pursuant to memorandum of the Comptroller, dated August 4, 1965 and herewith presented and filed for the record, on motion by Councilman Kane and seconded by Councilman Quadrine, it was unanimously RESOLVED, that this Board hereby authorizes that Andrew Bell, Robert J. Hutcheon and William J. Kelly, students engaged as laborers in the Town of _. Mamaroneck Highway Department for a period of two (2) weeks beginning on August 2, 1965, be com- pensated at the rate of $1. 50 per hour. Councilman Brush -- In Councilman Brush's absence, Councilman Quadrine pre- sented a report of meeting of the Larchmont-Mamaroneck Committee on Family and Youth, which was herewith ordered received and filed as part of the record of this meeting. Councilman Quadrine -- 1. Apportionments Councilman Quadrine presented the following petitions submitted by the Assessor requesting correction of the assessment roll so as to permit the apportionment of taxes, and thereupon on his motion, seconded by Council- man Kane, the following resolution was adopted by unan- imous vote: WHEREAS, the Assessor has presented the follow- ing petitions for the correction of the assessment roll for certain years pursuant to the provisions of Section 557, Article 16 of the Westchester County Administrative Code, known as the Westchester County Tax Law; and WHEREAS, after due consideration, this Board finds it desirable to grant said petitions for the correction of said assessment roll; NOW, THEREFORE, BE IT RESOLVED, that the assessment roll of 1964, school taxes of 1965, which shows property now ap- pearing on the roll as follows: Block Parcel Name Land Imp Total 340 413 Carriage House Lane Inc. $42, 900 $18, 000 $60, 900 be corrected as follows in accordance with the pro- visions of subdivision 5 of Section 557: -17- Block Parcel Name Land Imp Total- 340 413 Carriage House Lane Inc $39, 800 $ 2, 000 $41, 800 340 673 James M. White 3, 100 16, 000 19, 100 and be it further RESOLVED, that the assessment roll of 1964, school taxes of 1965, and the assessment roll of 1965, taxes of 1966, which show property now appearing on the rolls as follows: Block Parcel Name Land Imp Total 617 286 Henry Berman 7, 000 13, 200 20, 200 be corrected as follows in accordance with the provi- sions of subdivision 5 of Section 557: Block Parcel Name Land Imp Total 617 286 George B. Berridge 4, 000 4, 000 617 291 Henry Berman 3, 000 13, 200 16, 200 and be it further RESOLVED, that the assessment roll of 1964, school taxes of 1965, which shows property now appearing on the roll as follows: Block Parcel Name Land only 307 114 Saldrian Developers Inc $ 2, 500 be corrected as follows in accordance with the pro- visions of subdivision 5 of Section 557: Block Parcel Name Land only 307 114 Saldrian Developers Inc 2, 400 307 123 Paubet Enterprises Inc 100 and be it further RESOLVED, that the assessment roll of 1965, taxes of 1966, which shows property now appearing on the roll as follows: Block Parcel Name Land only 307 114 Saldrian Developers Inc 4, 000 be corrected as follows in accordance with the provi- sions of subdivision 5 of Section 557: Block Parcel Name Land only 307 114 Saldrian Developers Inc. 3, 800 307 123 Paubet Enterprises Inc 200 and be it further -18- RESOLVED, that the assessment roll of 1964, school taxes of 1965, which shows property now appearing on the roll as follows: Block Parcel Name Land only 307 127 Saldrian Developers Inc $ 2, 500 be corrected as follows in accordance with the provi- sions of subdivision 5 of Section 557: Block Parcel Name Land only 307 127 Paubet Enterprises Inc 2, 400 307 172 Saldrian Developers Inc 100 and be it further RESOLVED, that the assessment roll of 1965, taxes of 1966, which shows property now appearing on the roll as follows: Block Parcel Name Land only 307 127 Saldrian Developers Inc 4, 000 be corrected as follows in accordance with the provi- sions of subdivision 5 of Section 557: Block Parcel Name Land only 307 127 Paubet Enterprises Inc 3, 800 307 172 Saldrian Developers Inc 200 The Town Attorney -- 1. Water Control Ordinance The Attorney outlined certain proposed modifications to the Ordinance pertaining to the watering restrictions for golf greens and tees as had been discussed with and approved by representatives of the municipalities com- prising the Westchester Joint Water Works at a meeting following the July 21st hearing. The Supervisor advised that the three communities were now in line on the proposed Ordinance and that while it was to be hoped that the present situation would improve, the municipalities must be prepared to meet conditions as they developed whether better or worse. And thereupon following discussion, the following reso- lution was offered on motion by Councilwoman Helwig, seconded by Councilman Quadrine: WHEREAS, an emergency exists in the Town of Mamaroneck because of an impending shortage of water due to a prolonged drought; and -19- WHEREAS, the level of the reservoirs supplying wa- ter to the Town are at a dangerously low level; and WHEREAS, it is imperative to the public well-being that certain uses of water, not essential to the health, welfare and safety of the Town be restricted; NOW, THEREFORE, BE IT RESOLVED, that the General Ordinances of the Town of Mamaroneck , adopted February 17, 1937, be amended so as to insert a new Chapter, to be known as Chapter IX-E, which shall read as follows: CHAPTER IX-E WATER CONTROL Section 1. DEFINITIONS. For the purposes of this Ordinance, the following terms, phrases, words, and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number, and words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory. (1) "Town" is the unincorporated section of the Town of Mamaroneck. (2) "Person" is a person, firm, partnership, as- sociation, corporation, company or organiza- tion of any kind. (3) "Water" is water from the Town Water Supply System. Section Z. APPLICATION OF REGULATIONS. The provisions of this Ordinance shall apply to all per- sons using water both in and outside of the Town, and regardless of whether any person using water shall have a contract for water service with the Town. Section 3. CERTAIN USES ARE RESTRICTED. The use and withdrawal of water by any person for the following purposes is hereby restricted as follows: (1) Watering Yards. The sprinkling, watering or irrigation of shrubbery, trees, lawns, grass, ground covers, plants, vines, gardens, vege- tab'1es, flowers or any other vegetation is lim- ited to six (6) hours per week in the following manner: (a) Even numbered homes will be per- mitted to sprinkle lawns between the hours of 9:00 p. m. and 11 :00 p. m. on Tuesday, Thursday and Saturday. -20- >r� (b) Odd numbered homes will be permitted to sprinkle lawns between the hours of 9:00 p. m. and 11:00 p. m. on Wednes- day, Friday and Sunday. (c) The practice of allowing sprinklers to operate in such a manner that side- walks are flooded, the water flowing into the roadways and gutters is pro- hibited. (2) Golf Courses. The watering, sprinkling or irri- gation of golf courses is limited to TEES and PUTTING GREENS ONLY, said watering to be done for two (2) hours before 8:00 a. m. (3) Washing Mobile Equipment. The washing of auto- mobiles, trucks, trailers, or any other type of mobile equipment, shall be done with the use of a bucket rather than a hose. Commercial establishments, where automatic car washing equipment is employed, will be excepted where at least 50% of the water is reused by means of a sump recirculating system. Where such a re- circulating system has not as yet been installed, such system must be in operation by September 1, 1965. Section 4. AIR CONDITIONING MACHINES, REFRIG- ERATION EQUIPMENT AND HOUSEHOLD USE GEN- ERALLY. All air conditioning machines or refrigera- tion equipment, having a six-ton or more capacity, shall be provided with automatic water saving devices to limit make-up water to not more than 5% of the con- sumption that would normally be used without such de- vice. All installations of refrigeration or air con- ditioning equipment of six-tons and under shall be pro- vided with an automatic water supply regulating de- vice. In no case shall the equipment use in excess of two (2) gallons per minute per ton capacity. All con- sumers are required to conserve water within the household by repairing leaking faucets and closets promptly. Section 5. CERTAIN USES ARE PROHIBITED. The use and withdrawal of water by any person for the fol- lowing purposes is hereby prohibited: (a) Cleaning Outdoor Surfaces. The washing of side- walks, driveways, filling station aprons, porches and other outdoor surfaces. (b) Cleaning Buildings. The washing of the outside of dwellings. (c) Cleaning Equipment and Machinery. The wash- ing and cleaning of any business or industrial equipment and machinery. -21- (d) Ornamental Fountains. The operation of any ornamental fountain or other structure making a similar use of water. (e) Swimming Pools. The operation of swimming and wading pools not employing a filter and re- circulating system. (f) Escape Through Defective Plumbing. The es- cape of water through defective plumbing, which shall mean the knowing permission for defec- tive plumbing to remain out of repair. Section 6. EXCEPTION TO MAINTAIN SANITATION. The Building Inspector shall have the authority to permit a reasonable use of water in any case necessary to main- tain adequate health and sanitation standards. Section 7. EXCEPTION FOR BUSINESS NECESSARY TO PUBLIC WELFARE. The provisions of this para- graph shall not apply to those businesses and industries declared by resolution of the Town Council to be neces- sary for the public health, safety and welfare. Section 8. EXCEPTION FOR FOOD MANUFACTURER. Businesses and industries processing animal, vege- table and mineral matter for food purposes shall be regulated in the use of water as follows: The Supervi- sor, when so ordered by resolution of the Town Coun- cil, shall hold a public hearing to determine the amount of water to be used based on the amount needed -- during normal years in the particular food processing business. Section 9. ENFORCEMENT. (a) Police Officers Enforce. Every police officer of the Town shall, in connection with his duties imposed by law, diligently enforce the provi- sions of this Ordinance. (b) Discontinuance of Service. The Supervisor shall have the authority to enforce the provi- sions of this Ordinance by the discontinuance of water service in the event of violation thereof. Section 10. PENALTIES. Any person, firm or cor- poration violating any of the provisions of this Ordi- nance shall be deemed guilty of an offense, and upon conviction thereof, shall be fined in an amount not ex- ceeding Fifty ($50. 00) Dollars or be subject to a dis- continuance of water service. Each day such viola- -" tion is committed or permitted to continue, shall constitute a separate offense and shall be punishable as such hereunder. Section 11. SEPARABILITY. If any section, sub- -2Z- section, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid or uncon- stitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions hereof. Section 12. FINDING OF EMERGENCY. This Ordi- nance is passed as an emergency measure, and the Council does, by the vote by which this Ordinance is passed, hereby declare that an emergency exists, which makes it imperative that this Ordinance shall become effective forthwith in order that the public health, welfare and safety might most effectively be provided for. Such emergency shall be deemed to continue until it is declared by the Town Board to be ended. and be it further RESOLVED, that the Town Clerk of the Town of Ma- maroneck is hereby authorized and directed to pub- lish and post notice of the adopticr, of this resolution as required bylaw. Upon roll call, the vote on the foregoing resolution was as follows and the resolution therefore declared duly adopted by unanimous vote of the Board, with four (4) mem- bers thereof present and voting "Aye", and Councilman Brush absent and therefore not voting: Supervisor Burchell - Aye Councilman Kane - Aye Councilman Brush - Absent Councilwoman Helwig - Aye Councilman Quadrine - Aye ADJOURNMENT There being no other business to come before the meeting, on motion duly made and seconded, it was declared adjourned at 10:25 p. m. , to reconvene on September 1, 1965. BOARD OF FIRE COMMISSIONERS The meeting of the Board of Fire Commissioners was con- vened immediately following the adjournment of the Town Board meeting. 1. Claims In Commissioner Brush's absence, Commissioner Quad- rine presented for authorization of payment, the Fire De- partment claims, and thereupon on his motion, seconded by Commissioner Kane, it was unanimously -23- RESOLVED, that the Fire Department claims, as audited by the Comptroller and approved by the Fire Chief, are hereby approved, and the Super- visor and Comptroller authorized to pay the same out of the budget for the Fire Department: Atlantic Service Center $ 68. 00 R. G. Brewer, Inc. 104. 88 Con Edison, West. 74. 16 Con Edison, West. 5. 00 Excelsior Auto Repair & Machine Works 261. 78 Larchmont Auto Parts Dis- tributors Inc. 35. 58 William B. Lemon 156. 40 McGuire Bros. , Inc. 5. 00 New York Telephone Co. 79. 03 Quick Chemical Company 89. 95 Sanford Fire Apparatus Corp. 324. 75 Suburban Electronic Ser- vice Inc. 38. 78 West. Jt. Water War'ks 2650. 00 Total $ 3896. 89 2. Reports The Fire Report for July, 1965, was presented and herewith ordered received and filed for the record. 3. Communications There were no communications to be presented. 4. Other Business 1. Re-advertisement for Bids Pursuant to direction at the June 2nd meeting, on motion by Commissioner Quadrine, seconded by Commissioner Kane, it was unanimously RESOLVED, that the Town Clerk be and he hereby is authorized to publish in the official newspaper of the Town of Mamaroneck, The Daily Times, a notice for bids for the pur- chase of one (1) Cab and Chassis, 4-Wheel Drive, in conformity with the details set forth in the specifications therefor, said bids to be opened and read aloud at a regular meeting of this Commission on September 1, 1965, in the Council Room of the Weaver Street Fire- house, Weaver Street, Town of Mamaroneck. -24 Spey 2. Rules & Regulations for Governing Paid Firemen The Fire Chief presented the proposed Rules & Regu- lations for Governing Paid Firemen, supplying a copy to each member of the Board for his study and con- sideration. 5. Adjournment There being no further business to come before the meeting, on motion duly made and seconded, it was de- clared adjourned at 10:30 p. m. , to reconvene on Sep- tember 1, 1965. own Perk _25-