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HomeMy WebLinkAbout1960_03_16 Town Board Minutes MINUTES OF A REGULAR MEETING OF THE TOWN BOARD OF THE TOWN OF MAMARONECK, HELD MARCH 16th, 1960 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. PRESENT. Supervisor Burchell Councilman Santoro Councilman Kane Councilman Brush Councilwoman Helwig ABSENT. None ALSO PRESENT. Mr. Gronberg - Town Clerk Mr. Delius - Town Attorney Mr. Friedlander - Engineer & Supt. of Highways Mr. Orsino - Comptroller Mr. Finson - Accountant Mrs. Brewer - Secretary OLD BUSINESS 1.. Bus Application--William Gauthier The Supervisor briefly reviewed the public hearing held at the last meeting on Mr. Gauthier's application for consent to operate a bus for the transportation of school children in the unincorporated area of the Town, on which decision was reserved. Following discussion, during which Mr. Gauthier, who was present, expressed concern over the time element in- volved and the possibility of other applications being filed while decision was pending, and Councilman Brush stated that he would like to see decision further reserved waiting developments at the March 23rd and April 13th Bus Com- mittee meetings, the matter was further deferred and the Clerk directed to notify Mr. Gauthier of the Board's ac- tion on his application to date. NEW BUSINESS 1. Resolution re. Street Openings, County Roads The Clerk presented a memorandum from the County Depart- ment of Public Works, dated March 1st, 1960, requesting adoption of the resolution enclosed therewith referring to permits for work performed on County roads. Whereupon, on motion by Councilman Santoro and seconded by Councilman Kane, the following resolution was adopted unanimously WHEREAS, pursuant to the provisions of Chapter 605 of the Laws of 1941, the Commissioner of Public Works of Westchester County with the approval of the Board of Supervisor's and the County Executive of Westchester, has prescribed rules, regulations, safe- guards, specifications and conditions for the protec- tion, reconstruction, maintenance, or restoration of any County Road or portion thereof, and for the pro- tection and safety of the travelling public thereon dur- ing any operations of reconstruction, maintenance, or restoration of such County Road or portion thereof, and WHEREAS, the said rules and regulations require any person, firm, corporation, improvement district, or municipality doing any work upon any County Road to obtain a written permit from the Commissioner of Public Works and to deposit a certified check made payable to the order of the County of Westchester in an amount computed by the extent of the proposed work, and WHEREAS, the said rules and regulations provide that any city, village, town, public improvement district, or other municipality may, in lieu of making the said mentioned deposit, file with the Commissioner of Pub- lic Works a certified copy of a resolution duly adopted by the Governing Board of such municipality guaran- teeing faithful performance by the said municipality of all the terms, covenants and conditions as set forth in the permit, which resolution shall be effective for permits issued during the remainder of the calendar year after adoption, and WHEREAS, the Town of Mamaroneck, from time to time is required to do work within the County Road area for which a written permit from the Commissioner of Public Works of Westchester County is required, and for which a certified check deposit is required, NOW, THEREFORE, BE IT RESOLVED that the Town of Mamaroneck does hereby guarantee faithful performance of all the terms, agree- ments, covenants and conditions of each and every written permit as referred to herein issued by the Com- missioner of Public Works of Westchester County and that this guarantee of faithful performance shall be ap- plicable to all such written permits issued during the present calendar year, The Board directed the Clerk to forward a certified copy of the resolution to the County Department of Public Works in accor- dance with the,request stated in the memorandum, Z. Broadway Maintenance Proposal--Maintenance of Street Lights The Supervisor, referring to a memorandum from the Town Accountant, which was ordered received and filed and of which a copy had been sent to each of the members of the Board for study, presented a brief resume of a proposal of- fered by the Broadway Maintenance Corporation to contract with the Town of Mamaroneck for maintenance of street lights and replacement of traffic signal lamps at a cost less than that presently paid to Consolidated Edison for the same service. Whereupon, after some discussion, on motion by Councilman Santoro and seconded by Councilman Kane, it was unanimously RESOLVED that the Supervisor be and he hereby is authorized to execute a contract with the Broadway Maintenance Corporation for the maintenance of street lights and replacement of traffic signal lamps in the Town of Mamaroneck for a period of three (3) years commencing on April 1st, 1960, in accordance with the written proposal filed with the Town Clerk, COMMUNICATIONS 1. Resignation of Henry E. Mullick from Planning Board The Clerk presented a letter from Henry E. Mullick, dated February 20th, 1960, tendering with regret his resignation as a member of the Planning Board due to an out of town business assignment for an indefinite period of time, The Board, after each of the Councilmen personally expressed his sincere appreciation of the time Mr. Mullick had devoted to the work of this Board through his great interest in planning and his deep regret at the loss of Mr. Mullick's service, on motion by Councilman Brush and seconded by Councilman Kane, unanimously RESOLVED that the resignation of Henry E. Mullick as a:member of the Planning Board of the Town of Mamar- oneck be and it is hereby accepted with deep regret. The Board directed the Supervisor to write Mr. Mullick expres- sing its appreciation of his fine work and its deep regret at his inability to continue to serve as a member of the Planning Board. Councilman Kane then offered for the Board's consideration the name of Dudley B. Follansbee of 64 Edgewood Avenue, Town, to be appointed to the Planning Board to fill the vacancy created by Mr. Mullick's resignation. After presenting a brief resume of Mr. Follansbee's qualifica- tions for the Board's information, he recommended his appoint- ment stating that he felt Mr. Follansbee to be excellently qual- ified to fill this vacancy not only because he was an engineer but because of his particular business background and experience, and since upon the Supervisor's inquiry, there were no further nominations, on his motion which was seconded by Coun- cilman Brush, it was unanimously RESOLVED that Dudley B. Follansbee of 64 Edge- wood Avenue, Town, be and he hereby is appointed a member of the Planning Board of the Town of Ma- maroneck to fill the vacancy created by the resigna- tion of Henry E. Mullick, effective immediately and to serve for the unexpired term of Mr. Mullick or until July 6th, 1962; and be it FURTHER RESOLVED that the Clerk notify Mr. Follansbee of his appointment with copy to the Chairman of the Planning Board, COMMUNICATIONS (Not on Agenda) 1. Letter from Theodore F. Gilligan The Clerk presented a letter addressed to the Town Board by Theodore F. Gilligan, Counselor At Law, dated March 16th, 1960 , Re. Semenza Property on the Boston Post Road, which was ordered received and filed. The Supervisor explained the background relating to this mat- ter and suggested that Mr. Gilligan, his client, the Town At- torney, Councilman Santoro, Mr. Friedlander and himself meet to discuss the matter. Mr. Gilligan, who was present, stated that he was agreeable to this suggestion and inquired when such a meeting could be held and it was arranged for 3 o'clock on the next afternoon, March 17th, in the Office of the Town Attorney. 2. Report from Planning Board--Application of Badger Sports Club The Clerk presented a report addressed to the Town Board by the Planning Board under date of March 14th, 1960, stating that the Planning Board was in favor of granting the applica- tion of the Badger Sports Club, which matter had been referred to the Planning Board by resolution adopted by the Town Board on February 3rd, 1960. After the Attorney explained that under the provisions of the Zoning Ordinance it was necessary for this Board to hold a public hearing on the application, it was directed that suchhear- ing be held at the next meeting of the Board and that the Clerk be authorized to publish the necessary notice. Whereupon, on motion by Councilman Kane and seconded by Councilman Santoro, it was unanimously RESOLVED that the Clerk be and he hereby is authorized to publish in the official newspaper of the Town of Ma- maroneck, The Daily Times, notice of public hearing to be held before this Board on the 6th day of April, 1960, at 8;15 p.m, in the evening of that day, in the Council Room of the Weaver Street Firehouse, Weaver Street, Town of Mamaroneck, to consider the application of Badger Sports Club, Inc, for a special permit for the erection of an additional building to be used as a garage and game room on the Club premises located at 119 Rockland Avenue, Town, pursuant to Sections 410, 432 and 449 of the Zoning Ordinance of the Town of Mamaroneck. 3. Letter from Louis J. Garcia The Clerk presented a letter addressed to the Supervisor and members of the Town Board by Louis J. Garcia, highly com- mending the Highway and Police Departments on services performed during the recent windstorms, which was ordered received and filed. The Board directed the Supervisor to forward a copy of Mr. Garcia's letter to the Police and Highway Departments for posting and to reply to Mr. Garcia thanking him and expres- sing the Board's appreciation of his writing and advising him that copies of his letter had been forwarded to each depart- ment so that the men who did the work could personally read the letter. At this time, Councilwoman Helwig remarked that she had received like commendation for these departments from Mr. Durbin, a resident of Seton Road. 4. Letter from Meighan & Necarsulmer The Clerk presented a letter dated March 15th, 1960 from Meighan & Necarsulmer, Attorneys representing the George E. Baldwin Co. , Inc, of 307 Rockland Avenue, Town, re- questing rezoning of the Baldwin property located on Rockland Avenue and Baldwin Place to a lower area restriction. After some discussion, it was suggested that this matter be referred to the Planning Board for study and recommendation and on motion by Councilman Kane, seconded by Councilman Santoro, it was unanimously RESOLVED that the request for rezoning the property owned by George E. Baldwin Co. , Inc, located on Rockland Avenue and Baldwin Place and known as Block 206, Parcel 38 and Block 207, Parcel 56 on the Tax Assessment Map of the Town of Mamaroneck, is -- hereby referred to the Planning Board pursuant to Section 274 of the Town Law. The Board directed the Clerk to so notify the Planning Board, in- cluding a copy of the letter from Meighan & Necarsulmer, which was ordered received and filed, with a copy of the resolution here- with adopted. 5. Memorandum from Legislation Committee--Board of Supervisors The Clerk presented a memorandum addressed to the Board of Supervisors by the Legislation Committee of that Board con- cerning amendments to the Charter and Administrative Code in regard to planning and stating that a public hearing thereon would be held at 8 p. m. on May 2nd, 1960, The Supervisor explained the lengthy memorandum in some de- tail and directed the Clerk to obtain from the Legislation Com- mittee copies of same for each member of the Board for study. REPORTS The Clerk presented the following reports which were received and filed; Report of the Westchester Shore Humane Society, Inc. for the month of February, 1960. Report of the Town Clerk for the month of February, 1960. REPORT OF THE SUPERVISOR 1. Report --Hommocks Area In connection with the Town's request for federal assistance in the proposed development of the Hommocks area, the Supervisor read a letter from Congressman Dooley enclosing report to the House Committee on Public Works by the Chief of Engineers advising that the estimated cost of the study was $25, 000.00 and that it would take about two years to complete upon receipt of authorization and funds, The Supervisor stated that he had talked with Congressman Dooley and that the Congressman would do all possible to assist in obtaining.this authorization and the necessary funds. The Board thanked the Supervisor and directed that this com- munication be received and filed. 2. Letter from Mayor Coffinberry (Muffler Bill) The Supervisor read a letter addressed to him by Mayor Coffin- berry under date of March 8th, urging support of a bill making mandatory the use of proper mufflers on all motor vehicles which was introduced by Senator Meighan in an effort to elim- inate noise on the Thruway, The Board, after expressing its strong approval of such bill, on motion by Councilwoman Helwig and seconded by Councilman Brush, unanimously RESOLVED that this Board approves the legislation and the bill known as Senate Introductory 3110, Print No. 3303, introduced by Senator Meighan, and the companion bill introduced by Assemblyman Gioffre and known as Assembly Introductory 3941; and it is FURTHER RESOLVED that this Board urges and requests Senator Meighan and Assemblyman Gioffre to use all honorable means to secure the passage of this bill so that the same may be en- acted into law. The Supervisor was directed to write Senator Meighan and thank him for his effort on behalf of the Board. 3. Recreation Report The Supervisor highly commended the Recreation Commis- sion and the Superintendent of Recreation on the excellent annual report which was presented at the last meeting of the Board. 4. Tax Lien Sale For the Board's information, the Supervisor reported that in accordance with the request of the Receiver of Taxes, he had set the date for the Tax Lien Sale on Friday, May 20th , 1960. REPORTS OF THE COUNCILMEN Councilman Santoro -- 1. Highway Department Councilman Santoro again commended the men of the High- way Department on their work during the recent bad storm. 2. Walkway--Weaver Street Councilman Santoro reported that the estimated cost to the Town for the construction of the proposed walkway along Weaver Street was $300. 00. He was directed to proceed with this project. 3. Stairway at Station -- Councilman Santoro reported that the plans for the proposed stairway at the station were ready to be sent to the State and submitted to the Village of Larchmont for approval and stated that he would report further at the next meeting. Councilman Kane -- 1. Larchmont Bowling Center Councilman Kane reported that the lighting was now satisfac- tory at the Bowling Center. He further remarked on the change in appearance of the area due to the canopy and sign at the neighboring Minute Car Wash place having been blown down during the recent windstorm, Councilman Brush -- Councilman Brush stated that he had no report other than Fire matters, Councilwoman Helwig -- 1. Annual Report--Recreation Commission Councilwoman Helwig expressed the Commission=s plea- sure with the publicity given the report. She also stated that she would convey to the Commission this Board's commendation of the report. 2. Use of Cargill Park Councilwoman Helwig read the following letter addressed to the Board by the Recreation Commission under date of March 15th, 1960, effecting a change in the Rules and Regu- lations for the Use of Cargill Park, and requested that the said Rules and Regulations be amended in accordance there- with if this were the pleasure of the Board. "For your information a change in policy governing Car- gill Park Permits for Use was made at a regular meet- ing of the Town of Mamaroneck Recreation Commission on January 11, 1960. The following resolution was adopted: RESOLVED, that this Commission rescinds the requirement previously adopted on April 15, 1957, that organizations using Cargill Park for picnics and outings on Saturdays and Sundays during the summer make deposits to secure their undertaking that the Park be placed in clean and satisfactory condition, it being under- stood that any organization which fails to prop- erly clean the park or pay the cost thereof, will be denied the use of the park in the future." Whereupon, on her motion which was seconded by Councilman Santoro, it was unanimously RESOLVED that the Rules and Regulations for the Use of Cargill Park, as approved by the Town Recreation Commission and adopted by resolution of this Board on May 15th, 1957, be amended so as to eliminate Paragraph 9 which required payment of a $25. 00 de- posit charge for use of the Park. 3. Authorization for Recreation Superintendent to Attend Annual New York State Recreation Conference Councilwoman Helwig informed the Board that the Commission had approved the Superintendent's attendance of the Annual New York State Recreation Conference and requested authorization of his expenses in an amount not to exceed $100. 00. Whereupon, on her motion which was seconded by Councilman Brush, it was unanimously RESOLVED that the Superintendent of Recreation be and he hereby is authorized to attend the New York State Recreation Conference to be held at West Point from April 24th - 27th, 1960, with expenses in an amount not to exceed the sum of $100. 00 paid out of the item in the Recreation budget for such purpose. 4. Recreation Study Course Councilwoman Helwig reported that Mrs. Steffans and she had attended the first meeting of a Recreation Study Course to be held on Wednesday mornings at the County Center and had found it very informative. The Board inquired whether there was a charge for this course and upon being informed that there was a fee of $10. 00 per person, on motion by Councilman Kane and seconded by Coun- cilman Brush, it was unanimously RESOLVED that Mrs. Christine Helwig and Mrs. Max- ine Steffans are hereby authorized to attend a Recrea- tion Study Course at the County Center, White Plains, with fees for said course in the amount of $20. 00 paid by the Town. REPORT OF THE TOWN ATTORNEY 1. Application to Operate Bus--William Gauthier In connection with Mr. Gauthier's application, on which a hearing had been duly held and decision reserved, the Attorney recom- mended that a definite time be set for making the final disposition -- of the application. The Board fixed the time for the first meeting in May on May 4th and directed the Clerk to notify Mr. Gauthier to this effect. 2. Drainage Condition--Semenza Property, Boston Post Road The Attorney reported that the excavation on the Semenza property described in the letter from Mr. Semenza's at- torney, Mr. Gilligan, which was presented earlier this evening, was covered by the Town's Insurance policies. However he advised that the Engineer should erect the proper barricades and lights to protect the Town. 3. New Harmon Drive The Attorney reported that he had written the Thruway Au- thority requesting that a deed be given the Town for New Harmon Drive and had received a reply stating that this was unnecessary as the Town had jurisdiction to maintain this property under the provisions of the Public Authorities Law and the Highway Law of the State of New York. 4. Zoning Violation--Spadaro Property The Attorney reported that a warning had been served in connection with the zoning violation existing on the Spadaro property located on the corner of Burton Road and Palmer Avenue and requested authorization to institute legal action thereon. Whereupon, on motion by Councilman Brush and seconded by Councilman Kane, it was unanimously RESOLVED that the Town Attorney be and he hereby is authorized to institute criminal action against H. Spadaro for a violation of the Zoning Ordinance on property located on the corner of Burton Road and Palmer Avenue. 5. Eminent Domain Bill The Attorney reported that this bill had been signed by the Governor and enacted into law under Chapter 180 of the Laws of 1960 and that he would contact Mr. McKenzie in regard to payment for the property taken by the Thruway. ADJOURNMENT There being no further business to come before the meeting, it was declared adjourned at 9025 p.m. , to reconvene on April 6th, 1960. BOARD OF FIRE COMMISSIONERS The meeting of the Board of Fire Commissioners was convened immediately upon the adjournment of the Town Board meeting. 1. Report on Bids for Two-way Radio System Commissioner Brush reported that the Attorney had advised that the bids were in order and presented a memorandum from the Town Accountant advising that the Town would re- ceive reimbursement from the County Civil Defense Office on acceptance of the low bid, which he therefore recom- mended be accepted. Whereupon, on his motion which was seconded by Councilman Santoro, it was unanimously RESOLVED that this Commission hereby accepts the low bid, to wit the bid of General Electric in the amount of $3, 572. 22, for furnishing to the Town of Mamaroneck Fire Department a two-way radio sys- tem equipped in accordance with the specifications on file in the Office of the Town Clerk and with the OCDM regulations. 2. Communications Commissioner Brush presented a memorandum from the Building Inspector under date of March 16th, 1960, advising that the defective electrical equipment at 453 Boston Post Road had been corrected and work approved by the Board of Fire Underwriters, which was ordered received and filed, 3. Reports Commissioner Brush presented the Fire Report for the month of February, 1960, which was ordered received and filed, 4. Claims Commissioner Brush presented the following Fire Department claims which had been audited by the Comptroller and ap- proved by the Fire Chief, and on his motion which was sec- onded by Commissioner Kane, it was unanimously RESOLVED that the following claims be and they hereby are approved and the Supervisor and Comptroller be and they hereby are authorized to pay the same out of the budget for the Fire De- partment: Atlantic Service Center $ 12. 90 Chatsworth Oil Co. 238. 95 Con Edison 55. 29 Esso Standard Oil Go. 67. 90 A. Kuritzky & Sons 30. 95 Ramon Martinez 40. 00 McGuire Bros. Inc. 10. 00 N.Y. Telephone Co. 6. 60 $462. 59 5. Other Business 1. False Alarms--Larchmont Acres Commissioner Brush reported that the Fire Chief, the Police Chief and he had met with the manager of Larchmont Acres and that he had been very co- operative and was doing everything possible within the buildings to eliminate further false alarms. It was further reported that the Fire Chief and the Police Chief were working on a plan to apprehend the guilty party. Z. Patrol Truck The Fire Chief reported that he had worked two days on repair of the patrol truck and that it was no longer possible to buy replacement parts for this truck. The parts needing repair, he advised, therefore had been sent to the factory to be re- placed. 3. Alden House Apartments The Fire Chief spoke in some detail of a violation in the use of a paint spray in the halls of the Al- den House Apartments, saying that a call had been received from the County Board of Health regard- ing this violation. He stated that the matter had been investigated and was now corrected. 6. Adjournment There being no further business to come before the meeting, it was declared adjourned at 9:35 p.m. , to reconvene on April 6th, 1960. T erk