Loading...
HomeMy WebLinkAbout1960_04_06 Town Board Minutes MINUTES OF A REGULAR MEETING OF THE TOWN BOARD OF THE TOWN OF MAMARONECK, HELD APRIL 6th, 1960, IN THE COUNCIL ROOM OF THE WEAVER STREET FIREHOUSE, WEA- VER STREET, TOWN OF MAMARONECK. CALL TO ORDER The Supervisor called the meeting to order at 8015 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 Mr. Paonessa - Building Inspector Mrs. Brewer - Secretary APPROVAL OF MINUTES The minutes of the regular meetings of February 3rd, 17th, March 2nd and 16th, and the minutes of the special meeting of February 6th, 1960, were approved as presented, PUBLIC HEARING--Application for Building Permit Badger Sports Club The Supervisor declared the hearing open and the Clerk presented the affidavit of publication of notice of hearing in The Daily Times on March 26th, 1960. The Town Attorney, at the Supervisor's request, briefly outlined the procedure pertinent to this application, which had been denied by the Building Inspector and referred by this Board to the Planning Board for recommendation under the provisions of the Zoning Ordinance. The Clerk then presented the recommendation of that Board which stated that it was the feeling of the Board that the request be granted since the proposed building would be in no way detrimental to the _ neighborhood. The Supervisor then inquired whether anyone present wished to ad- dress the Board either in favor of or in opposition to the application and since there was no one who wished to be heard and no questions from any member of the Board, on motion by Councilman Kane and seconded by Councilman Brush, it was unanimously RESDLVED that the hearing be and it hereby is declared closed. At this time the Attorney reminded the Board that under the new Ordinance there was provision for the creation of an Architectural Board of Review, to which plans for such buildings could be re- ferred if this were desirable, which after some discussion, during which Councilman Brush pointed out that in this case, the plans had been submitted to and approved by the Planning Board and Building Inspector, the Board deemed unnecessary. Whereupon, on motion by Councilman Santoro and seconded by Councilwoman Helwig, the following resolution was adopted unan- imously WHEREAS, Badger Sports Club, Inc. , as lessee and John H. Collins as owner have submitted an application and plans for the construction of an additional building on the premises owned by John H. Collins and leased by the Bad- ger Sports Club, Inc. , which premises are known as Block 210, Parcels 789, 254, 266, and Block 211, Parcel 333; and WHEREAS, said application was denied by the Building In- spector on the grounds that the plans were subject to a special permit to be granted pursuant to Section 432 of the Zoning Ordinance insofar as the proposed building or structure is an extension or addition to a non-conforming use as set forth in Section 449 of the Zoning Ordinance; and WHEREAS, the applicant has applied to this Board for a special permit as provided in Section 432 of the Zoning Or- dinance and which application this Board has referred to the Planning Board for report, which, as received, ap- proves the application; and WHEREAS, a public hearing was duly called before this Board for this meeting pursuant to Section 432 of the Zon- ing Ordinance; and WHEREAS, the Board has examined the plans and finds that the conditions and standards required by subdivision 432, 1, 432. 2, 432. 3 and 432.4 of the Zoning Ordinance have been met, NOW, THEREFORE, BE IT RESOLVED that the application of the Badger Sports Club, Inc. is granted and the Building Inspector is authorized to issue a special permit for the construction of a building or structure covered by the plans filed with him, provided that said application complies in all other respects with the Building Code and Zoning Ordinance of the Town of Ma- maroneck. OLD BUSINESS There was no old business to come before the meeting. NEW BUSINESS 1. Request for Authorization of Investment of Funds The Supervisor reported that excess funds from tax collec- tions in an amount up to $500, 000,00 would be available for investment until needed and requested authorization for such investment during the month of April. Whereupon, on motion by Councilman Kane and seconded by Councilman Brush, it was unanimously RESOLVED that the Supervisor be and he hereby is authorized to deposit funds in an amount not to ex- ceed the sum of $500, 000. 00 in the depositories of the Town of Mamaroneck at not less than 31o. 2. Probationary Appointment--Public Health Nurse At the request of the County Personnel Office, on motion by Councilman Brush and seconded by Councilwoman Helwig, it was unanimously RESOLVED that the provisional appointment of Miss Mary Susan Gillespie as Public Health Nurse of the Town of Mamaroneck is hereby terminated as of April 7th, 1960; and be it FURTHER RESOLVED that Miss Mary Susan Gilles- pie is hereby appointed as Public Health Nurse of the Town of Mamaroneck on a probationary appointment, effective as of April 7th, 1960, and to be compen- sated at the rate of $4, 230. 00 per annum. COMMUNICATIONS 1. Request for Sewer Extension--Joseph Mandel In connection with this matter formerly before the Board at the February 3rd meeting, at which time it was agreed that the Town was obligated to extend this line if and when Mr. Mandel so requested, Councilman Santoro reported that the -- Engineer had prepared plans and specifications for such construction and requested that the Clerk be authorized to advertise for bids to be returnable at the next meeting. Following some discussion of the cost to the Town, which Councilman Santoro had reported at the February 3rd meet- ing the Engineer estimated would be about $3, 000. 00, it was on motion by him and seconded by Councilman Brush, 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 construction of a sanitary sewer and appurtenances in Althea Lane in the Town of Mamaroneck, in accordance with the plans and specifications prepared by Maurice Friedlan- der, Town Engineer, and on file in the Office of the Town Clerk, said bids to be returnable by 5;00 oTclock in the afternoon on Wednesday, April 20th, 1960, at the Office of the Town Clerk, and opened and publicly read at the regular meeting of the Town Board at 8.15 p.m. that evening. 2. Notice of Hearing--Amendment of Zoning Ordinance Village of Mamaroneck The Clerk presented a notice of hearing on the amendment of the Village of Mamaroneck Zoning Ordinance which was ordered received and filed following the Attorney's report that the proposed amendment pertained to upzoning Orienta Point and could be of no possible objection to the Town. COMMUNICATIONS (Not on Agenda) 1. Letter from General Outdoor Advertising Co. The Clerk presented a letter from the General Outdoor Ad- vertising Co„ dated April 1, 1960, requesting appearance before the Board in regard to denied application for removal of one 121 x 251 antiquated poster panel and replacement by a modern fireproof poster panel six feet to the rear of the present location on premises known on the Tax Assessment Map of the Town of Mamaroneck as Block 505, Parcel 446, Following discussion, during which Councilman Santoro re- ported on this request in detail and Mr. Stephen D. Hawkins of the General Outdoor Advertising Co, stated that the re- quest had been made to enable the Company to erect a better looking sign and to accommodate a nearby taxpayer who had objected to the present sign, on motion by Councilman San- toro and seconded by Councilman Kane, the following reso- lution was adopted unanimously WHEREAS, General Outdoor Advertising Go. has ap- plied to the Building Inspector for a permit for the erection of a free standing bill board or sign to be er- ected in conformance with photograph and plans ex- hibited herewith on the property known as Block 505, Parcel 446 on the Tax Assessment Map of the Town of Mamaroneck; and WHEREAS, the Building Inspector has denied said ap- plication on the ground that the type and character of the sign requested is not now permitted under the Zon- ing Ordinance of the Town of Mamaroneck; and WHEREAS, there now exists a similar sign maintained by the General Outdoor Advertising Company on the same premises which this new sign would replace; and WHEREAS, in the opinion of this Board, the new sign applied for is a better type of sign as to construction, fire resistance, etc„ NOW, THEREFORE$ BE IT RESOLVED that permit is granted to General Outdoor Ad- vertising Company for the erection of the sign applied for on the following conditions: if That the permit shall be for a period terminating on July 10, 1961, on which date said sign must be re- moved. 2) That the sign, when erected, conforms strictly with the photograph and plans exhibited and filed herewith, 3) That the lighting conforms with the provisions of the Zoning Ordinance of the Town of Mamaroneck. Z. Petition Requesting Change of Name--Larch Road to Larch Lane The Clerk presented a petition dated March 31st, 1960 and under- signed by all the residents of Larch Road, requesting that the name Larch Road be changed to Larch Lane and that street sign- posts be installed so as to mark clearly Larch Lane and Ormond Place. Whereupon, after discussion, on motion by Councilman Santoro and seconded by Councilwoman Helwig, it was unanimously RESOLVED that the street now known as Larch Road and shown on map known as "SubdivisionMap of Property Be- longing to Edna A. Forbes, Town of Mamaroneck, West- chester County, N. Y. , dated July 6, 195780, and filed in the County Clerk's Office, Division of Land Records, formerly Register's Office, Westchester County, New York, on October 17, 1957, as Map No. 11283, be re- named Larch Lane as of April 6th, 1960; and be it FURTHER RESOLVED that such change in name be noted on the Official Map of the Town of Mamaroneck; and be it FURTHER RESOLVED that the Clerk be and he hereby is directed to notify the Postal Authorities of this change; and be it FURTHER RESOLVED that the Superintendent of High- ways be and he hereby is authorized to order and erect street signposts marking Larch Lane and Ormond Place. The Clerk was directed to notify Dr. Breakey that the petition was granted. 3. Report of Planning Board--Rezoning of Baldwin Property In connection with the request for rezoning the Baldwin prop- erty which had been referred to the Planning Board for report at the March 16th meeting, the Clerk presented a communica- tion from that Board recommending that the property be re- zoned to R10, which was ordered received and filed. In view of the fact that the recommendation was for rezoning to R10 instead of the requested R7. 5, after some discussion, this matter was put over to the next meeting pending further study and consultation with the Planning Board. REPORTS The Clerk presented the following reports which were received and placed on file: Report of the Receiver of Taxes and Assessments for the month of March, 1960. Report of the Westchester Shore Humane Society, Inc. for the month of March, 1960. Report of the Building Inspector for the month of March, 1960. Report of Receipts and Disbursements, Town of Mamaroneck, for the period from January 1st, 1960 through February 29th, 1960. Affidavit of publication and posting of resolution amending Chapter VII, Section l of the General Ordinance of the Town of Mamaroneck, on March 11th, 1960. REPORT OF THE SUPERVISOR 1. Invitation to Visit Police Headquarters The Supervisor advised that the Police Commission had extended an invitation to the Board to visit Police Headquarters and sug- gested acceptance for Saturday morning, April 16th, at 10 o'clock if mutually agreeable. 2, Transportation Conference The Supervisor reported that he would attend for the County a i ti conference on transportation to be held in Philadelphia on April 7th and recommended that the Town Attorney be au- thorized to attend this conference on behalf of the Towne Whereupon, on motion by Councilman Santoro and seconded by Councilman Brush, it was unanimously RESOLVED that-,the-Town-Attorney be and he hereby is authorized to attend the conference on "The Urban Transportation Crisis; Philadelphia Plan, to be held in Philadelphia, Pa. , on Thursday, April 7th, 1960, with expenses paid by the Town. 3. Thruway Procedure--Disposition of Surplus Lands Following a meeting at Thruway headquarters, the Supervisor reported that the procedure to be followed in disposing of sur- plus properties was as follows. That following completion of a survey now being made of all such properties and an ap- praisal thereof, municipalities would be given first considera- tion for acquiring such properties for municipal use with a reverta clause, and he stated that the Authority suggested that a letter be written stating the Town's interest in acquiring such parcels. He further stated that although such letter had been written previously, he would be gladao write again if the Board so wished. The Board was unanimous in feeling this to be desirable and the Supervisor was directed to so write the Authority. REPORTS OF THE COUNCILMEN Councilman Santoro -- 1. Weaver Street Walkway Councilman Santoro reported that the Town had the permit for the construction of this walkway. Z. Walkway to Stairway at Station Councilman Santoro stated that it was necessary to widen the 7-foot walkway leading to the stairway at the station and that an inspection was to be made concerning obtaining the neces- sary property. 3. Post Road Drainage Condition Councilman Santoro stated that he would report further on the drainage condition on the property adjoining Sagamore Inn on the Post Road following a meeting to be held on April 11th with the owner of the property and Larchmont Village officials. 4. Erection of Stand for Joseph Sugrue 2, 111 Councilman Santoro reported that he had been notified by the Larchmont Lions Club that construction of the new building for Joseph Sugrue would start on April 13th, In connection with this, the Supervisor reported that the Town had been granted permission to plant the area in back of this building by the Thruway Authority and that planting would start upon completion of the construction work, Councilman Kane -- 1> Report on Doherty Property Violations Councilman Kane presented a report written under date of March 18th, 1960 on the subject of "(Claimed) Violations on Doherty Property" which was ordered received and filed. At this time, Councilman Kane also brought to the Board's attention the possible availability for recreational use of a piece of property in the Dillon Park area, which the Board suggested Councilwoman Helwig, Mr, Kronenberger and he inspect and, if thought advisable, refer to the Recreation Commission for study and report, Z. Apportionments Councilman Kane presented the following petitions received from the Assessor for the correction of the assessment roll so as to permit the apportionment of taxes, and on motion by him and seconded by Councilman Brush, the following reso- lution was adopted unanimously WHEREAS, the Assessor has presented a petition for the correction of the assessment roll for certain years pursuant to the provisions of Section 557, Article 16 of the Westchester County Administration Code, known as the Westchester County Tax Law; and WHEREAS, after due consideration, this Board finds it desirable to grant said petition for the correction of said assessment roll: NOW, THEREFORE, BE IT RESOLVED that the assessment roll of 1959, taxes of 1960, which shows property now appearing on the roll as follows: Block--Parcel Name Land only 501 500 Domonick J Lettieri& W $ 200 be corrected as follows in accordance with the provi- sions of subdivision 5 of Section 557: Block Parcel Name Land only 501 500 Charles Ho Zimmerman& W 70 501 299 Domonick JLettieri& W 130 FURTHER RESOLVED that the assessment roll of 1959, taxes of 1960, which shows property now appearing on the roll as follows; Block Parcel Name Land only 916 202 Joseph D. Pinto & or $ 1,400 be corrected as follows in accordance with the provisions of subdivision 5 of Section 557% Block Parcel Name Land only 916 202 Joseph D. Pinto & or 1, 000 916 500 Henry Berman 400 FURTHER RESOLVED that the assessment roll of 1959, taxes of 1960, which shows property now appearing on the roll as follows- Block Parcel Name Land only 601 520 George E Mills Jr & or 6, 400 be corrected as follows in accordance with the provisions of subdivision 5 of Section 557-. Block Parcel Name Land only 601 520 Anthony Mirande 3, 200 601 525 George E Mills Jr 3, 200 FURTHER RESOLVED that the assessment roll of 1959, taxes of 1960, which shows property now appearing on the roll as follows; Block Parcel Name Land only 228 441 Soundview Woods Inc 100 be corrected as follows in accordance with the provisions of subdivision 5 of Section 557- Block Parcel Name Land only 228 441 Town of Mamaroneck 10 228 450 Soundview Woods Inc 90 FURTHER RESOLVED that the assessment roll of 1959, taxes of 1960, which shows property now appearing on the roll as follows- Block Parcel Name Land I,mp Total 615 37 Elmer F. Quenan & W $ 12, 600 $ 12, 000 $ 24, 600 1 : be corrected as follows in accordance with the provisions of subdivision 5 of Section 557; Block Parcel Name Land Imp Total 615 37 E. F. Quenan Inc $ 10, 000 $ 6, 000 $ 16, 000 615 66 Elmer F. Quenan 2, 600 6, 000 8, 600 Councilman Brush -- 1, Report of Committee (Bus Transportation) Councilman Brush, after briefly reviewing the history of the formation and functioning of this committee which had been organized to study bus transportation problems within the Town of Mamaroneck, presented its final report with the rec- ommendation that the application of -V illiam Gauthier, d/b/a Orienta Bus Company, for consent to operate a school bus in the unincorporated section of the Town be granted, and on motion offered by him and seconded by Councilman Santoro, the following resolution was adopted unanimously and the Clerk directed to notify Mr. Gauthier accordingly, WHEREAS, application has been made to the Town Board of the Town of Mamaroneck by William Gauthier, d/b/a Orients. Bus Company, for the operation of omnibuses over certain streets, avenues and highways in said Town; and WHEREAS, after due notice, a public hearing was held on such application to the said Town Board on the 2nd day of March, 1960, at 8.15 o2clock p, m,; NOW, THEREFORE, BE IT RESOLVED that the Town Board of the Town of Mamaro- neck, hereinafter called the Board, pursuant to the provi- sions of Sections 66 and 67 of the Transportation Corpora- tions Law, consents that the said William Gauthier, d/b/a Orienta Bus Company, hereinafter called the Operator, subject to the provisions, conditions, requirements and limitations hereinafter set forth, may maintain and oper- ate motorbuses and omnibuses for the transportation of passengers and property in, upon, and along and across the following named streets, avenues, highways or por- tions thereof, in the Town of Mamaroneck, as follows, to wit; Route 1 - From the intersection of Durham Road and Fenimore Road; along Fenimore Road to Avon Road; along Avon Road to Rockland Avenue; along Rockland Avenue to Wea- ver Street; along Weaver Street to Forest Avenue; along Forest Avenue to Murray Avenue; along Murray'Avenue to Edgewood Avenue; along Edgewood Avenue to Weaver Street; along Weaver Street to Palmer Avenue; along Palmer Avenue to Richbell Road; along Richbell Road to the boundary line between the Town of Mamaroneck and the Village of Mamaroneck, Return From the boundary line between the Village of Mamar- oneck and the Town of Mamaroneck on Richbell Road; along Richbell Road to Palmer Avenue; along Palmer Ave- nue to Weaver Street; along Weaver Street to Forest Ave- nue; along Forest Avenue to Sheldrake Avenue; along Sheldrake Avenue to Rockland Avenue; along RocklandAve- nue to Avon Road; along Avon Road to Fenimore Road; along Fenimore Road to the intersection of Fenimore Road and Durham Road; being part of a route starting at the intersection of Feni- more Road and Durham Road to the Junior High School of Union Free School District #1 of the Town of Mamaroneck, located on the Boston Post Road in the Village of Mamar- oneck. Route 2 - From the intersection of Forest Avenue and Weaver Street; along Weaver Street to Palmer Avenue; along Pal- mer Avenue to Richbell Road; along Richbell Road to the boundary line between the Village of Mamaroneck and the Town of Mamaroneck, Return - From the boundary line between the Village of Mamaro- neck and the Town of Mamaroneck on Richbell Road to Pal- mer Avenue; along Palmer Avenue to Weaver Street; along Weaver Street to Myrtle Boulevard; along Myrtle Boulevard to North Chatsworth Avenue; along North Chatsworth Avenue to Rockingstone Avenue; along Rockingstone Avenue to For- est Avenue; along Forest Avenue to Weaver Street, being part of a route starting at the intersection of Weaver Street and Forest Avenue to the Junior High School of Union Free School District #1 of the Town of Mamaroneck, lo- cated on the Boston Post Road in the Village of Mamaroneck. Route 3 - Beginning at the intersection of Daymon Terrace andFor- est Avenue; along Daymon Terrace to Colonial Avenue; along Colonial Avenue to Weaver Street; along Weaver Street to Forest Avenue; along Forest Avenue to Sheldrake Avenue; along Sheldrake Avenue to Rockland Avenue; along Rockland Avenue to Avon Road; along Avon Road to Fenimore Road; along Fenimore Road to the intersection of Fenimore Road and Durham Road; being part of a route from the Murray Avenue Elementary School of Union Free School District #1 of the Town of Ma- maroneck to the intersection of Fenimore Road and Durham Road; All of said routes being solely for the transportation of school children to and from the Junior High School and the Murray Avenue Elementary School as above stated, FURTHER RESOLVED that this consent is subject to the following terms, conditions, requirements and limitations; 1. Nothing in this consent shall be deemed to grant or authorize any exclusive right. Z. The Operator shall obtain a certificate of con- venience and necessity for the permanent oper- ation from the Public Service Commission of - the State of New York, and unless the same be granted within 180 days of the date of this reso- lution, this consent shall lapse and become null and void, 3. Nothing herein contained shall be construed as permitting the Operator to take or discharge pas- sengers other than school children attending the Junior High School or the Murray Avenue Elemen- tary School in Union Free School District #1 with- in the Town of Mamaroneck or at any point along the route as hereinabove described. 4. This consent shall not be assigned or transferred, either in whole or in part, or leased, sublet, or mortgaged in any manner, nor shall title thereto, either legal or equitable, or any right, interest or property therein, pass to, or vest in any other person or corporation whatsoever, either by the act of the Operator or by operation of law, whether under the provisions of the statutes relating to the consolidation or merger of corporations or other- wise, without the consent of the Town evidencedby an instrument, under seal, anything herein con- tained to the contrary thereof in any wise notwith- standing; and the granting, giving, or waiving of any one or more of consents shall not render un- necessary any subsequent consent or consents, and no assignment, lease, sub-lease, or mortgage of this consent, or of any part thereof or interest therein, or of the route or routes mentioned herein, or of any part thereof, shall be valid or effective for any purpose unless the said assignment, lease, sub-lease, or mortgage shall contain a covenant on the part of the assignee, lessee, or mortgagee that the same is subject to all the provisions, conditions, and limitations of the consent, and that the assignee, lessee, or mortgagee assumes and will be bound by all of said provisions, conditions, and limitations, and especially said conditions prohibiting the taking or discharging of passengers in the Town of Mamar- oneck, anything in any statute or in the charter of , such assignee or lessee to the contrary notwith- standing, and that the said assignee, lessee, or mortgagee waives any more favorable conditions created by such statute or its charter, and that it will not claim by reason thereof or otherwise, ex- emption from liability to perform each and all of the conditions of this consent, 5. The Operator shall at all times during the term of this consent operate over the routes herein des- cribed only the highest type of modern city buses. 6. All vehicles which may be operated pursuant to this consent shall be propelled by power generated or contained within the vehicle itself or by storage battery, but no power shall be used which will in its generation or use, produce smoke or noxious odors sufficient, in the opinion of the Town Board of the Town, to constitute a nuisance, and no mo- tor bus or omnibus shall be put in service unless it conforms to the specifications, rules, and regu- lations of the Public Service Commission of the State of New York, and unless it is authorized by the provisions of the Public Service Law or the Transportation Corporations Law of the State. 7. All vehicles which may be operated pursuant to this consent shall be so constructed that oil and grease cannot drop on the roadway. The maximum width shall not exceed eight feet over all. No double deck vehicles shall be operated without the consent of the Town. Each omnibus shall be equip- ped at all times with a hand chemical fire extin- guisher in good working condition and accessible and ready for use at all times. They shall be equipped with pneumatic tires, all other types, kinds, and forms of tires being prohibited. All buses must be fitted with brakes capable of stopping and holding the same under all conditions. The dis- tribution of the weight on axles, length of wheelbase, and other features of design shall be such as to avoid skidding as far as possible and shall be such as to permit easy steering and control. The gaso- line tank shall be located entirely outside the body of the bus with an inlet for filling, which shall permit filling from the outside exclusively. The outlet of the exhaust shall be located beyond the rear line of the body of the bus. Each bus shall have an emer- gency exit door located at the opposite end of the bus body from the regularly used entrance exit, which emergency door shall be securely fastened in a manner which will prevent it being opened except when opened for emergency purposes. 8. All vehicles operated pursuant to this consent shall conform in all particulars with the requirements herein contained and shall be maintained in good and safe repair and in a manner which will in ways and at all times render the vehicles fit for public service. The Operator shall permit the Town Board to inspect at all reasonable times any or all the vehicles used by the Operator or upon order of the Town Board, shall submit any such vehicle to the Town Board for inspection. If, upon inspection, any vehicle shallbe unfit for public service, then the Operator shall, up- on notice, immediately withdraw such vehicle from service and shall cause it to conform with the re- quirements of the Town Board or shall remedy the de- fect before such vehicle shall be restored to service. is All employees of the Operator while in service on any motor bus or omnibus, shall be in uniform and neat and tidy in appearance. All buses must be kept at all times well painted, neat, and clean. The driver of a bus must not operate a bus to which a trailer is attached, The Operator shall not allow his operators to smoke or light a match while in or upon a bus, or to drink intoxicating liquors while on duty. No person shall operate any motor bus under this consent unless he shall be duly licensed under the laws of the State of New York to operate the same. No person shall operate a bus who has, to the know- ledge of the Operator, been convicted of a felony or who has been convicted more than twice of any charge of reckless driving or violation of the Highway Law, or of the Vehicle and Traffic Law, or the Ordinances of the Town, or who is not of good moral character. 9e All rules and regulations of the Public Service Com- mission of the State of New York and all laws and or- dinances affecting the operation of motor buses or om- nibuses and all traffic regulations applicable thereto now in force or which may be in force in the Town during the term of this consent shall be complied with by the Operator. The Operator shall also complywith and enforce the carrying out of any orders or regula- tions which may be issued by the Town designed for the protection and safety of persons or property or for the comfort, health, or convenience of the public. 10. In case of any violation or breach or failure to comply with any of the provisions, conditions, or limitations herein contained or with any orders of the Town Board, acting under the powers granted by law or herein re- served, this consent may be declared cancelled andre- voked by said Town Board; provided, however, that such action by the Town Board shall not be taken until it: shall give notice to the Operator to appear before it on a certain day not less than ten days after the date of such notice, to show cause why this consent should not be cancelled and revoked. After such notice and opportunity to be heard, even in case the Company shall fail to appear, action may be taken by the Town forthwith. 11. The Operator shall assume all liability for damage to persons or property occasioned by reason of the operation or maintenance of the motor bus or omni- bus route or routes herein mentioned, and it is a con- dition of this consent that the Town shall be under no liability whatsoever either to persons or property on account of the same, and the Operator shall fully in- demnify and repay to the Town, any damages, costs, f and/or expenses which the Town shall be compelled to pay by reason of any acts or defaults of the Op- erator, The Operator shall take out and at all times during the term of this consent maintain, in full force and effect, public liability insurance satisfactory to the Town Board as to form and sufficiency, at least $100/300, 000 for each bus, or provide self insur- ance or bonds or other assurance in such amount and in such form as may be fixed or approved by the Public Service Commission or other public bodyup- on which the power to regulate and prescribe in re- spect thereto is at present or may hereafter be con- ferred by the laws of the State of New York, and conditioned for the payment of all judgments that may be recovered by any person or persons on account of the operation by the Operator of its buses. Policies evidencing such insurance shall be exhibited to the Town on demand and certificates thereto shall be filed with the Town Clerk, 12, The Operator promises, covenants and agrees onhis part and behalf to conform to and abide by and per- form all of the terms, conditions, and requirements in this consent fixed and contained, and the Operator hereby expressly waives any and all objections as to the reasonableness or legality of any of the provi- sions of this consent or any part thereof or as to any legal right or authority of the Town to impose any terms and conditions herein contained, and the Oper- ator will not at any future time setup as against the Town the claim that any of the provisions of this con- sent are ultra vires, unreasonable or void, 13, The Operator agrees that he shall not acquire or claim any vested right hereunder but that the forego- ing instrument shall be construed as a consent under the provisions of Sections 66 and 67 of the Transpor- tation Corporations Law of the State of New York and revocable by the Town according to the terms and conditions herein expressed, The Board ordered the report received and placed on file and directed that the Committee be discharged with the sincere thanks and appreciation of this Board, Councilwoman Helwig -- 1, Planting along New Harmon Drive and Revere Road Councilwoman Helwig reported that the Park and Highway De- - partments had completed plans for the planting along New Harmon Drive and a section of Revere Road near the Thruway with the ac- tual planting scheduled to begin before the end of April, Z. Truck Speeding on Thruway Councilwoman Helwig reported receipt of complaints regarding the fact that trucks were traveling on that section of the Thruway passing through the Town in excess of the speed limit, and upon the Supervisor advising that he was willing to write again calling this to the attention of the Authority and State Police, the Board directed that this be done. 3. Letter from Camp Fire Girl Council Councilwoman Helwig presented a letter from the Camp Fire Girls Council of Larchmont inquiring whether there was any way in which the Camp Fire Girls could take part in planting projects next Fall, which the Board directed be referred to the Park and Recreation Commissions, REPORT OF THE TOWN ATTORNEY 1, Public Hearing on New Haven--Public Service Commission The Attorney reported that he had submitted the resolution adopted by this Board at the special meeting on April 4th to the Public Service Commission at its hearing today and gave a brief report of the proceedings, advising that the hearing was adjourned to May 11th, OTHER BUSINESS 1. Mr. Bert V. Lichtie Mr, Lichtie of 414 Orienta Avenue, Mamaroneck, addressed the Board at this time inquiring why a matter of zoning in the Village of Mamaroneck came before this Board and request- ing an enumeration of Town and County services, which were explained by the Town Attorney and Supervisor. ADJOURNMENT There being no further business to come before the meeting, it was declared adjourned at 9015 p. m., to reconvene on April zoth, 1960. BOARD OF FIRE COMMISSIONERS The meeting of the Board of Fire Commissioners was convened im- mediately upon the adjournment of the Town Board meeting. 1. Communications There were no communications to be presented at this time. 2 ,t4 I 2. Reports Commissioner Brush presented the Fire Report for the month of March, 1960, which was ordered received and filed. 3, Claims Commissioner Brush presented the following claims of the Fire Department, which had been audited by the Comptroller and approved by the Fire Chief, and on his motion which was seconded by Commissioner Kane, it was unanimously RESOLVED that the following claims be and they here- by are approved and the Supervisor and Comptroller be and they hereby are authorized to pay the same out of the budget for the Fire Department: R.G. Brewer, Inc. $ 3Z. 10 Con Edison Co. 5. 00 H.R. Dillon, Receiver of Taxes 98. 90 Fire Chief's Emergency Plan 50. 00 Hory Chevrolet Co. 2, 116. 15 Keeler Associates 727.95 Murray, Vanderpoel & Baker 573.70 N. Y. Telephone Co. 92. 00 Plaza Pharmacy 8. 38 The State Insurance Fund 1, 47Z. 62 Wesco Fire Equipment & Service 45. 10 Westchester Joint Water Works 19. 32 Town & Village Roofing 4. 00 Total $ 5, Z45. 22 4. Other Business 1. Alleged Violation at Alden House Apartments Commissioner Brush introduced Mr. John J. Sack, Manager- Agent of the Alden House Apartments, who addressed the Board requesting retraction of a statement regarding an al- leged violation at the Alden House which appeared in The Daily Times following a previous meeting of this Commis- sion and which he claimed was erraneous. After discussion of this matter with the Deputy Fire Chief, Mr. Sack was assurred by the Commission that the retraction would be requested. The Supervisor thanked Mr. Sack for his courtesy and for bringing the matter to the Commission's attention and also thanked Deputy Chief Schmidt for explaining and clarifying the matter in the absence of the Fire Chief. 2. Leakage of Gasoline Tanks At this time, Deputy Fire Chief Schmidt called to the Com- mission's attention the fact that leakage existed in some rx -4 of the gasoline tanks located at various service stations in the Town and that two tanks had been condemned due to this condition. Following discussion of this matter, it was suggested that the service stations be requested to check all tanks at stated and regular intervals in order to ascertain the ex- istance of any leakage somewhere near the time of its occurrence. ADJOURNMENT There being no further business to come before the meeting, it was declared adjourned at 9.25 p.m., to reconvene on April 20th, 1960. To C rk