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HomeMy WebLinkAbout1965_10_20 Town Board Minutes 7�7 MINUTES OF A REGULAR MEETING OF THE TOWN BOARD OF THE TOWN OF MAMARONECK, HELD OCTOBER 20, 1965 , IN THE COUNCIL ROOM OF THE WEAVER STREET FIREHOUSE, WEAVER STREET, TOWN OF MAMARONECK. CALL m0 ORDER The Supervisor called the meeting to order at 8 :15 p.m. -- ROLL CALL Present: Supervisor Burchell Councilman Kane Councilman Brush Councilwoman Helwig Councilman Quadrine Absent: None Also Present: Mr. Gronberg - Town Clerk Mr. Johnston - Town Attorney Mrs . Brewer - Deputy Clerk Mr. Altieri - Comptroller APPROVAL OF MINUTES The minutes of the regular meeting of September 1, 1965, were presented, and on motion duly made and seconded, ap- proved as submitted. OLD BUSINESS There was no old business to be brought before the meeting. NEW BUSINESS 1. Petition for Amendment of Zoning Ordinance - Chatsworth Garage, Inc. A communication addressed to the Supervisor under date of October 13 , 1965, by Robert Garlock, attorney for Chatsworth Garage, Inc. , transmitting a petition of said Garage requesting amendment of the Zoning Ordinance of the Town of Mamaroneck so that the definition of "Garage, Public" , as contained in Article II, Section 220 thereof, would read as follows : "The word ' care' shall be deemed to include the washing of motor vehicles both by hand and by mechanical means" was herewith presented for the Board' s consideration and ordered received and filed as part of the record of this meeting. Whereupon, in accordance with the Attorney' s advice that pursuant to Section 432 of the Zoning Ordinance, this Board must hold thereon a public hearing following its referral to the Planning Board, and in accord with -1- env R �C the Board ' s direction that the petition also be referred to the Planning Consultants, Raymond and May, for study and report, the Board, by common consent, fixed the date of the December lst meeting for such hearing, and there- upon, on motion by Councilman Kane, seconded by Council- woman Helwig, it was unanimously RESOLVED, that the petition of Chatsworth Garage, Inc. for amendment of the Zoning Ordinance of the Town of Mamaroneck as herewith presented, be referred to the Planning Board of the Town of Mamaroneck and to the professional Planning Consultants, Raymond and May Associates, Inc. , for study and report to this Board at its next meeting on November 10, 1965 ; and be it further RESOLVED, that the Town Clerk be and he hereby is authorized to publish as required by law, in the official newspaper of the Town of Mamaro- neck, The Daily Times, a Notice of Public Hearing on said petition, to be held before this Board on Wednesday evening, December 1, 1965 , in the Coun- cil Room of the Weaver Street Firehouse, Weaver Street and Edgewood Avenue, Town of Mamaroneck. 2 . Application for Special Permit - Bonnie Briar Country Club - con- struction of Additional Parking Area An application of Bonnie Briar Country Club for a Special Permit to construct an extension of the southerly parking area bordering Weaver Street, together with,. a report addressed to the Board by the Building Inspector and recommending that, in accordance with Article IV, Section 449 as amended of the Zoning Ordinance, the application be referred to the Planning Board prior to public hearing, were presented and herewith ordered received and filed as part of the record of this meeting. Upon recognition by the Chair, Mr. J. W. Piper of 711 Weaver Street, addressed the Board, stating that he was not present to protest the proposed extension of the parking area but to request that the Board give serious consideration to excavation and removal of trees presently in operation on this site, and to the nuisance the present parking lot caused to neighboring residents. Councilwoman Helwig remarked to the Board that Mr. and Mrs. Piper had complained to her a number of times during the past summer, particularly -- -- mentioning the noise caused by the use of the loud speaker at the pool, etc. Whereupon following some further discussion, it was suggested to Mr. Piper that he put himself on record with the Planning Board and on motion by -2- r1 Councilman Kane and seconded by Councilwoman Helwig, it was unanimously RESOLVED, that the application of Bonnie Briar Country Club for a Special Permit for the extension of the southerly park- ing area be and it hereby is referred to the Planning Board for study and report to this Board at the November 10th meeting. 3 . Request of Meighan & Necarsulmer re: Carducci from Valle The Clerk presented the following letter addressed to the Board by Meighan & Necarsulmer under date of October 14, 1965 : We represent Joseph Carducci of 717 Waverly Avenue, Mamaroneck, N. Y. who has contracted to purchase from Frank Valle vacant land in the Town of Mamaro- neck being part of Lot 8 Block E, parts of Lots 1 to 8 inclusive Block F, parts of Lots 1 to 3 inclu- sive Block G, part of Second Street and part of Third Street as shown on Map of Laurel Park in the Town of Mamaroneck and filed in the County Clerk ' s Office of Westchester County as Map No. 2289, which premises are more fully described in Schedule "A" annexed hereto. " The contract is conditioned on the Town Board per- mitting the purchaser, our client, to use that one- half of Laurel Avenue; namely, 25 feet adjacent to the premises he is purchasing, for access for the benefit of the premises above described so that six houses can be built thereon. If the Town Board per- mits the purchaser to use 25 feet so that building permits and certificates of occupancy can be issued for six houses, the purchaser will agree to pave the said 25 foot portion of Laurel Avenue. " We would appreciate very much having this considered by your Board at its next regular meeting. We would also appreciate your Clerk notifying us as to the date this will be considered so that our client and a representative of this office can be present. " The Chair recognized Mr. Burton C. Meighan, who asked the Board' s serious consideration of his request. During the ensuing discussion, the Supervisor point- ed out that under Section 280-A of the Town Law, the Building Inspector could not issue such permit unless the street was paved; the Town Attorney pointed out that if the Board approved the request, the lots would be non-conforming and therefore require variances ; and the Fire Chief that although the map width of the street was 50 feet, it was paved to a width of only 26 feet. -3- 8 Thereupon, it was suggested that this matter be referred to the Engineer and thereupon on motion by Councilman Kane and seconded by Councilman Brush, it was unanimously RESOLVED, that the request of Meighan & Necarsulmer re Carducci from Valle as herewith presented, be and it hereby is referred to Claude Latimer, Acting Town Engineer, for detailed study and report to this Board at its November 10th meeting. 4. Resolution - City Council of New Rochelle Request for Sewer Hook-up - Dogwood Lane. In the matter of the above request previously before this Board, the Clerk presented a resolution address- ed to the Board by the City Council of New Rochelle on October 13, 1965, requesting that the Town authorize an agreement between the Town and Shelley Fashions, Inc. , for sewer service for Block 1, Lots 281 and 281A, locat- ed on Dogwood Lane, which was herewith ordered received and filed as part of the record of this meeting. And thereupon, following some discussion, on motion by Councilman Brush and seconded by Councilwoman Helwig, it was unanimously RESOLVED, that the request for an agreement between the City of New Rochelle and the Town of Mamaroneck for a connection with the Town ' s sewer district facilities so as to provide sewer service to certain property on Dogwood Lane be and it hereby is referred to the Acting Engineer for study and report to this Board at its November 10th meeting. 5 . Authorization of Snow Control for: 1. State Highways Pursuant to communication of the Westchester County Commissioner of Public Works, dated October 4, 1965 , and herewith presented and ordered received and filed for the record, on motion by Councilman Brush and seconded by Councilman Quadrine, the following reso- lution was adopted by unanimous vote of the Board, all members thereof being present and voting: WHEREAS, Section 12 of the Highway Law, as amended by Chapter 305 of the Laws of 1946, provides that if the removal -- of snow and ice from the State Highways is taken over by the County, the County can arrange with the Town Superintendent or Village Street Commissioners of the various towns/villages in the County of Westchester and the Village therein for the removal of the snow and ice from such State Highways as are within their municipal boundaries and the entire cost of such work will be reimbursed by the State, and -4- WHEREAS, the Town of Mamaroneck under date of November 8, 1946, entered into a contract with the County of Westchester for the re- moval of snow and ice from the State Highways within the said Town in accordance with the provisions of Section 12 of the Highway Law as amended, and under date of October 21, 1964 extended said contract for the season 1965-1966 ; NOW, THEREFORE, BE IT RESOLVED, that the Town of Mamaroneck extend the above mentioned contract with the County of Westchester for an additional year, and be it further RESOLVED, that a certified copy of this resolution be forwarded to the Westchester County Commissioner of Public Works. 2 . County Roads Pursuant to communication of the Administrative Assis- tant of the Westchester County Department of Public Works, dated October 15, 1965 , and herewith presented and ordered received and filed for the record, on motion by Councilman Brush and seconded by Councilman Quadrine, it was unanimously RESOLVED, that the Supervisor be and he here- by is authorized to sign the Agreement with the County of Westchester for the removal of snow and ice on County Roads within the unin- corporated area of the Town of Mamaroneck, at a flat rate of $300. per mile for the 1965-1966 season. COMMUNICATIONS 1. The Clerk presented a notice of a hearing before the Scarsdale Board of Appeals for consideration of the appli- cation of Mr. Allen Manasee to permit the construction of a swimming pool which was herewith ordered received and filed for the record. The Attorney reported that since Scarsdale ' s swimming pool requirements were even more stringent than the Town' s, no action was required by this Board in this matter. REPORTS The Town Clerk -- The Clerk presented the following report which was ordered received and filed: Report of the New York State Commission of Correction on the Town Lockup dated October 18, 1965 . The Supervisor -- 1. Change of Date - Second November Meeting. -5- 82 The Supervisor called to the Board ' s attention that the first November meeting had been changed from Novem- ber 3 to November 10 for purposes of presenting the Preliminary Budget in compliance with law (between November 10 and 15) and requested the Board ' s pleasure in fixing the date for the second meeting, which would fall on the third Wednesday, the 17th, one week after the November 10 meeting. Whereupon, after some discussion by the members of the Board, on motion by Councilman Quadrine, seconded by Councilman Brush, it was unanimously RESOLVED, that this Board convene for its second regular meeting in November on Tuesday evening, November 23 , at 8 :15 p.m. in the Council Room of the Weaver Street Firehouse. 2 . Engagement of Acting Town Engineer The Supervisor presented the Agreement Contracts for the engagement of Claude A. Latimer, P.E. , as Acting Town Engineer, requesting authorization to execute same on behalf of this Board. Whereupon, on motion by Councilman Quadrine, seconded by Councilman Kane, it was unanimously RESOLVED, that the Supervisor be and he hereby is authorized to execute on behalf of the Town of Mamaroneck, Contract Agree- ments as herewith presented for the engage- ment of Claude A. Latimer, licensed pro- fessional engineer, having his principal place of business at No. 628 Wood Street, Mamaroneck, New York, as Acting Town Engineer of the Town of Mamaroneck, begin- ning as of October 21, 1965, and terminating November 25 , 1965 . Councilwoman Helwig -- 1. Meeting - Thruway Noise Abatement Committee Councilwoman Helwig reported that the Noise Abate- ment Committee had met on October 16, 1965 , and dis- cussed the following matters on the agenda therefor: 1. Scheduling of Meeting of Joint Action Committee (after November lst) . 2. Noise and the Law (Articles from the Law Journal) 3 . Highway Beautification Program (Material from Congressman Reid ' s Office herewith presented and filed. ) 4. Enforcement of Law a - On the Thruway b - Local Enforcement -6- 2 . Recreation Commission - Annual Summer Playground Report - 1965 . Councilwoman Helwig presented the Annual Summer Play- ground Report for 1965 submitted by the Recreation Superintendent, which was herewith ordered received and filed for the record. Councilman Kane -- 1. Apportionment. Councilman Quadrine presented the following petition from the Assessor requesting correction of the assess- ment roll so as to permit the apportionment of taxes, and thereupon on his motion, seconded by Councilman Brush, the following resolution was unanimously adopted: RESOLVED , that the assessment roll of 1964, school taxes of 1965 , and the assessment roll of 1965, taxes of 1966, which show pro- perty now appearing on the rolls as follows : 1964 - 1965 Block Parcel Name Land Only 228 287 Tract Developers, Inc. $ 4, 000. 1965 - 1966 Block Parcel Name Land Imp. Total 228 287 Tract Developers, Inc. $4, 000. $21, 700. $25, 700. be corrected as follows in accordance with the provisions of sub-division 5 of Section 557 : 1964 - 1965 Block Parcel Name Land Only 228 287 Daniel L. Herbst & W. $ 100. 228 288 Tract Developers, Inc. 3, 900. 1965 - 1966 Block Parcel Name Land Imp. Total 228 287 Daniel L. Herbst & W. $ 100. $ $ i0" 228 288 Tract Developers, Inc. 3, 900. 21, 700. 25 ,600 -7- Councilman Brush -- 1. Minutes of Meeting - Committee on Family & Youth. Councilman Brush presented the minutes of the last meeting of the Larchmont - Mamaroneck Committee on Family & Youth, which were herewith ordered received and filed for the record. Councilman Quadrine -- 1. Griffen Avenue Sewer. Councilman Quadrine reported briefly on the Griffen Avenue Sewer, stating that final completion, including repaving, should be within approximately the next two weeks. 2 . East Creek Enclosure - Part 1. Councilman Quadrine reported that Part 1 of the East Creek Enclosure had been completed in accordance with plans and specifications therefor. 3 . Incinerator. Councilman Quadrine reported that the Joint Incinera- tor Commission had approved the preliminary plans for the proposed addition, and that it was his understand- ing that the Town of Mamaroneck would be the first town- ship to install an air control unit on its Incinerator plant. The Town Attorney -- The Attorney presented for the Board ' s approval, the Performance Bond for Leather Stocking Lane as recom- mended by the Town of Mamaroneck Planning Board. Whereupon, on motion by Councilman Brush, seconded by Councilwoman Helwig, it was unanimously RESOLVED, that pursuant to recommendation of the Town of Mamaroneck Planning Board and the Town Attorney, this Board hereby approves the Performance Bond in the amount of $64, 000. , dated October 13, 1965 for Leather Stocking Lane, Block 320, Parcel 365 on the Tax Assess- ment Map of the Town of Mamaroneck, upon which Anthony J. Vileno of 133 Hutchinson Boulevard, Scarsdale, New York, is Principal, and The Aetna Casualty and Surety Company of Hartford, Connec- ticut is Surety. OTHER BUSINESS 1. The Fire Chief -- The Fire Chief requested that the Planning Board consult the Fire Department when laying out Sub- division roads so as to provide the space necessary for the engines and trucks in case of fire. The Supervisor commended the Chief on his thinking and requested that he pass this suggestion on direct to Mr. Maggini, Chairman of the Planning Board, in writing, with a copy of such letter to him. 2 . Dr. Billy Kam Dr. Kam, president of the Murdock Woods Association, addressed the Board, to request the Board to authorize the Town Engineer ' s approval of a proposed enlargement of Adrian Circle as shown on diagram herewith presented so as to provide the space necessary to accommodate the School Bus. He explained that Mr. Hughes, the developer, had agreed to the proposed enlargement as requested by the residents conditioned upon the Scarsdale School District No. 1 agreeing in writing to provide bus service. Following some discussion, this matter was referred to the Acting Town Engineer for investigation and report to this Board. 3. Mr. Frank Claps. Mr. Claps addressed the Board in objection to the amend- ment of the Water Control Ordinance prohibiting all water- ing of lawns and shrubs. He presented a letter addressed to the Board by Michael A. Newman, Executive Secretary of the New York Turf & Landscape Association, Inc. under date of October 19, 1965 , requesting appeal of the "present emergency ordinance on the grounds that it is both discriminatory and unconsti- tutional" , and enclosing copy of New Rochelle newspaper article and New Rochelle ' s Ordinance as adopted to take care of the Nurserymen' s needs, which were herewith ordered received and filed for the record. The Supervisor thanked Mr. Claps and requested him to present this information and his plea to the Board of Trustees of the Joint Water Works since not only the Town, but the Village of Mamaroneck and the Town of Harrison were concerned in this matter as members of this tri-municipal agency. ADJOURNMENT There being no further business to come before the meeting, on motion duly made and seconded, it was declared adjourned at 9 :05 p. m. , to reconvene on November 10, 1965 . -9- 0 BOARD OF FIRE COMMISSIONERS The meeting of the Board of Fire Commissioners was convened immediately upon the adjournment of the Town Board meeting. 1. Claims Commissioner Brush presented the Fire Department claims for approval and authorization of payment, and thereupon on his motion, seconded by Commissioner Kane, it was unanimously RESOLVED, that the following Fire Department claims, which have been approved by the Fire Chief and audited by the Comptroller, be and they hereby are approved, and the Supervisor and Comptroller be and they hereby are author- ized to pay the same out of the 1965 Fire Department budget: Chatsworth Oil & Heating $ 45 .26 Con Edison 5 .00 Con Edison 87 .78 Fire Chiefs Emergency Plan 100 .00 Larchmont Auto Parts Dist. , Inc. 2 .40 The New Rochelle Water Co. 71. 25 Nigro Bros. , Inc. 925 .00 Sanford Fire Apparatus Corp. 11.50 Westchester Joint Water Works 2, 650 .00 Total $3, 898. 19 2 . Reports There were no reports . 3 . Communications There were no communications. 4 . Other Business 1. "Rules & Regulations" . Following a discussion and some questions on certain items in the "Rules & Regulations" , the approval there- of was deferred to the November 10 meeting pending further study by the Commission. 5 . Adjournment There being no further business to come before the meeting, on motion duly made and seconded, it was declared adjourned at 9:20 p.m. , to reconvene on November 10, 1965 . wn Q1erk -10- /