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HomeMy WebLinkAbout1961_05_03 Town Board Minutes MINUTES OF A REGULAR MEETING OF THE TOWN BOARD OF THE TOWN OF MAMARONECK, HELD MAY 3rd, 1961, IN THE COUNCIL ROOM OF THE WEAVER STREET FIRE HOUSE, WEAVER STREET, TOWN OF MAMARONECK. CALL TO ORDER In the Supervisor's absence, Councilman Brush called the meet- ing to order at 8.15 p.m. ROLL CALL Present. Councilman Kane Councilman Brush Councilwoman Helwig Councilman Cook Absent: Supervisor Burchell Also Present: Mr. Gronberg - Town Clerk Mr. Delius - Town Attorney Mr, Orsino - Receiver of Taxes Mr, Kellogg - Town Engineer Mr, Fischer - 'Supt. of Highways Mr. Altieri - Town Accountant Mrs, Brewer - Secretary APPOINTMENT OF TEMPORARY CHAIRMAN - On motion by Councilman Brush and seconded by Councilwoman Helwig that Councilman Kane, the senior member of the Board, be appointed to serve as Temporary Chairman of this meeting in the absence of the Supervisor, it was unanimously RESOLVED, that Councilman Kane be and he here- by is appointed to serve as Temporary Chairman of this meeting. APPROVAL OF MINUTES The minutes of the regular meeting of March 15th and the special meeting of March 27th, 1961, were approved as presented. OLD BUSINESS 1. Application for Swimming Pool--Edward Roberts 680 Fenimore Road, Town In the matter of this application, presented at the last meeting and carried over, following personal inspection of the site of the proposed pool and study of the recommendations submitted by the Building Inspector and filed with the application, on a motion offered by Councilman Brush and seconded by Council- man Cook, the following resolution was adopted unanimously. WHEREAS, Edward Roberts heretofore presented an application for a permit to construct a 16 x 32 fiber- glass in the ground swimming pool and appurtenances on premises located at 680 Fenimore Road, Town, and known as Block 204, Parcel 155 on the Tax As- sessment Map of the Town of Mamaroneck; and WHEREAS, the Building Inspector of the Town of Ma- maroneck has examined the plans and specifications - for the proposed pool; and WHEREAS, the Building Inspector finds that the plans and specifications as amended and supplemented 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 ap- proved; NOW, THEREFORE, BE IT RESOLVED, that the application of Edward Roberts for a permit to construct a swimming pool on his premises located at 680 Fenimore Road, Town, and known as Block 204, Parcel 155 on the Tax Assess- ment Map of the Town of Mamaroneck, is hereby ap- proved, and the Building Inspector is hereby author- ized to issue a permit for same provided the pool is constructed in conformance with the plans and speci- fications submitted and filed with the application, and amended and supplemented to show compliance with the following conditions: (a) That a catch basin be provided on the dis- charge side of the filter, between said filter and existing drainage pipe, to catch lint and hair due to back washing of filter system, (b) That the filter equipment be totally en- closed in a structure to eliminate any noise or disturbance. (c) That a structural plan for the proposed 4 x 4 x 7 cabana be incorporated with the pool plans. (d) That if any outdoor lighting is installed, it be so arranged that all light sources be - shielded and light diverted away from neighboring premises. (e) That all the existing shrubbery along the side and rear property lines adjacent to the pool be left in place. It was directed that certified copies of the foregoing resolution be forwarded to the Building Inspector and applicant, and the applicant notified that permit must be obtained prior to the start of construction. -2. Application for Swimming Pool--John T. Ferdico Deerfield Lane, Town In the matter of this application, which had been presented at the last meeting and carried forward, following personal in- spection of the site and study of the Building Inspector's rec- ommendations' submitted and filed with the application, on motion by Councilman Cook and seconded by Councilwoman Helwig, the following resolution was adopted unanimously: WHEREAS, John. T. Ferdico heretofore presented an application for the construction of a 20 x 40 concrete in the ground swimming pool and appurtenances on premises located on Deerfield Lane, Town, and known as Block 325, Parcel 92 on the Tax Assessment Map of the Town of Mamaroneck; and WHEREAS, the Building Inspector of the Town of Ma- maroneck has examined the plans and specifications for the proposed pool; and WHEREAS, the Building Inspector finds that the plans and specifications as amended and supplemented to in- clude certain recommended conditions, conform in all respects with the requirements of the swimming pool ordinance (Article 23 of the Building Code), and there- fore recommends that the application be approved; NOW, THEREFORE, BE IT - RESOLVED, that the application of John T. Ferdico for a permit to construct a swimming pool on his premises located on Deerfield Lane, Town, and known as Block 325, Parcel 92 on the Tax'Assess- ment Map of the Town of Mamaroneck, is hereby ap- proved, and the Building Inspector is hereby authori- zed to issue a permit for same provided the pool is constructed in conformance with the plans and specifi- cations submitted and filed with the application, and amended and supplemented to show compliance with the following conditions; a) That the drainage pipe from the pool be con- nected to the lake over-flow pipe at the southerly end of the lake, b) That the height of the proposed fence be at least 4. 0 feet, c) That a drawing or picture showing the pro- posed filter equipment and specifications be submitted with the pool plans, d) That, if exterior spot lighting or other illum- ination of the pool be installed, all light sources shall be shaded and diverted in such a way as to avoid the creation of any nuisance to adjoining property owners. It was directed that certified copies of the foregoing resolu- tion be forwarded to the Building Inspector and applicant, and the applicant notified that permit must be obtained be- fore the start of construction work, NEW BUSINESS 1. Petition--Acquisition of County-owned Lands The Clerk read a letter, addressed to the Board by Mrs, Philip A. Straus of 22 Mohegan Road, which enclosed a petition carry- ing the signatures of 96 residents and presented in support of the Board's efforts to acquire the property between Weaver Street and Fenimore Road for open space use, which was or- dered received and placed on file. During discussion, Councilman Brush called attention to the number of times the Supervisor had presented the Town's re- quests to acquire the so-called surplus lands since the County had introduced this matter, and Councilwoman Helwig to the fact that the Town was the first to present its requests to the Committee, Mr. Jerome Wanshel, who was present, suggested that this petition be forwarded to the Committee as evidence of the great interest the residents of the Town had in this matter, and Mr. Julian Bers was assurred, in answer to his inquiry, that the Town was :also endeavoring to acquire all Thruway re- sidual properties within the Town. Councilman Kane thanked Mrs. Straus for this petition and - complimented her highly on her effort in obtaining signatures. expressing on behalf of the Supervisor in his absence andthe other Councilmen, the Board's thanks and appreciation for the interest and support of so many in its effort to acquire these properties. Z. Application for Special Permit--Addition to Girl Scout House The Clerk presented a memorandum from the Building In- spector, dated April 26th, 1961, stating that an applica- tion for a building permit to construct a 32 x 25 addition to the Girl Scout House at 90 New Harmon Drive which had been denied, could be granted if special permit were issued in accordance with the provisions of Section 430 of the Zon- ing Ordinance, which was ordered received and placed on file. The Attorney then presented the application submitted by the Larchmont Girl Scouts, Inc, on May 1st, 1961 for a special permit pursuant to Section 432 of the Zoning Or- dinance of the Town of Mamaroneck, and referred to the Planning Board for consideration, study and report. Whereupon, on advice by the Attorney that a public hearing must be held and notice thereof published at least 10 days prior to date of hearing, since it was the pleasure of the Board that such hearing be held at the next regular meeting of this Board, on motion by Councilman Brush and seconded by Councilman Cook, it was unanimously RESOLVED that, in accordance with law, the Town Clerk be and he hereby is authorized to publish a notice of public hearing, to be held at 8:15 p.m. on May 17th, 1961, in the Council Room of the Weaver Street Firehouse, for consideration, before this Board, of the application of the Larchmont Girl Scouts, Inc. , for a special permit pursuant to Sec- tions 410, 432 and 449 of the Zoning Ordinance of the Town of Mamaroneck, to construct an extension or alteration to the existing Girl Scout House lo- cated on premises at 90 Harmon Drive, Town, and known as Block 215, Parcel 1 on the Assessment Map of the Town of Mamaroneck; and be it FURTHER RESOLVED that such notice be published once, at least 10 days before the date of hearing in the official newspaper of the Town of Mamaroneck, The Daily Times; and be it FURTHER RESOLVED that copy of such notice be forwarded to the Westchester County Department of Planning, in accordance with direction of the Town Attorney, At this time, in answer to an inquiry from the floor by Mr, George Schuler as to whether there would be any provision for parking facilities, it was stated that there seemed to — be no such provision, but that this was a good question and one which would be taken into consideration for presenta- tion and discussion at the hearing on the application, 3. Request for Town Acceptance of Robins Nest Lane Councilman Kane read a letter dated April 22nd, 1961 and ad- dressed to the Board by Joseph Greenstein of Jody Dwellings, Inc„ informing the Board of the completion of all improve- ments and requesting acceptance of Robins Nest Lane as a Town street or highway. Following discussion, during which the Engineer reported that there was still some work to be done before this street could be recommended for acceptance, it was directed that the matter be held pending approval for acceptance by the Engineer and Superintendent of Highways, 4, Authorization to Invest Additional Surplus Funds The Clerk presented a memorandum from the Comptroller re- questing the investment of an additional $150, 000, 00 in surplus funds from tax collections to be authorized, which was ordered received and filed, and thereupon, on motion by Councilwoman Helwig and seconded by Councilman Brush, it was unanimously RESOLVED that the Supervisor be and he hereby is authorized to invest in the depositories of the Town of Mamaroneck, additional surplus funds from tax collections in the amount of $150, 000,00, at 3°jo in- terest for a period of six months as follows. The County Trust Company - $100, 000, 00 The First National Bank of Mount Vernon 50, 000. 00 5. Application for Water Main--Gaetano Guglielmo Upon presentation of an application by Gaetano Guglielmo for installation of a 2E1 water main to supply two houses on the westerly end of Blossom Terrace, and estimate of cost of same submitted by the Superintendent of the Water Works, on motion by Councilman Brush and seconded by Council- woman Helwig, the following resolution was adopted unanimously; RESOLVED that this Board hereby approves the in- stallation of approximately 150 lineal feet of 2" cop- per water main in the westerly end of Blossom Ter- race, to supply two houses on property located at 5 Blossom Terrace and known as Section 4, Block 402, Parcel 83 on the Tax Assessment Map of the Town of Mamaroneck, at a cost of $331. 56, not in- cluding excavation, backfill and pavement re- placement; and be it FURTHER RESOLVED that this approval is contin- gent upon the applicant, Gaetano Guglielmo, paying the entire cost of such installation, and upon the applicant's deposit with the Westchester Joint Water Works No. 1 of the sum of $331. 56, to reimburse said Water Works for the cost of materials and in- stallation; and be it FURTHER RESOLVED that unless this installation is completed within a period of one (1) year from the date of this resolution, or not later than May 3rd, 1962, this authorization shall become null and void. It was directed that a certified copy of the foregoing resolution be forwarded to the Superintendent of the Water Works. COMMUNICATIONS 1. Letter from Larchmont Village Attorney--Fire Coverage of Dillon Park A letter from the Attorney of the Village of Larchmont re- questing the Board's consideration of the possibility of the Village of Larchmont providing fire protection for the Dil- lon Park area of the Town was presented, and following some discussion, referred to the Town Attorney and Councilman Brush for detailed study and investigation of costsp such as fire hydrant costs, contract costs, etc. TOWN OF MPAMARONECK PLANNING BOARD REGULATIONS FOR THE APPROVAL OF SUBDIVISION PLATS IN THE TOWN OF MAMARONECK N.Y. ARTICLE I Section 100 - Authority By authority of the resolution adopted by the Town Board on the 8th day of September, 1954, pursuant to the provisions of Article 16 of the Town Law, the Town of Mamaroneck Planning Board has the power and authority to approve or disapprove plats for subdivisions as provided in section 277 of Town Law. In pursuance of this authority, the Plan- ning Board hereby promulgates the following requirements relating to the submission and consideration of subdivision plats. Section 101 - Declaration of- Policy It is declared to be the policy ,of the Town Planning Board to consid- er land subdivisions as part of a plan for the orderly, efficient and economical development of the Town. Land to be subdivided shall be of such character that it can be used safely for building purposes without danger to health, or peril from fire, flood, or other menace. Proper provision shall be made for drainage, water, sewerage, and other needed improvements. The proposed streets shall compose a con- venient. system conforming to the official Map, and shall be properly related to the proposals shown on the Master Plan if and when such a plan is adopted by the Planning Board. Streets shall be of such width, grade, and location as to accommodate the prospective traffic, to afford adequate light and air., and to facilitate fire protection. In proper cases, park areas of suitable location, size and character (cont. on page 2) I -2- for playground or other recreational purposes shall be shown on the subdivision plat. Should any of these regulations conflict or be inconsistent with any provision of the Town Law, such provision of the Town Law shall apply. In order that land may be subdivided in accordance with this policy, these regulations are hereby adopted. ARTICLE II Section 200 - Definitions - For the purpose of these regulations, certain words used herein are defined as follows: PLANNING BOARD a means the Town of .Mamaroneck Planning Board. TOWN ENGINEER means the duly designated Engineer of the Town of Mamaroneck, or any licensed professional Engineer employed by the Town Board and directed by said Town Board to provide Services for the Planning Board. SUBDIVISION - means the division of any parcel of land into two or more lots, plots, sites or other divisions of land for immediate or future sale or for building development, in such a way as to create or require the creation of one or more new streets. PRELIMINARY LAYOUT - means the preliminary drawings indicating the proposed layout of the subdivision to be submitted to the Planning Board for its consideration, as a decla'ratioh. of intent. (font, on page 3) -3- FINAL LAYOUT - means a print of ( and identical with) the proposed final plat submitted for approval of the Planning Board. On approval it is filed with the Secretary of the Planning Board for future refer- ence in determination as to whether requirements of the Planning Board with respect to the subdivision shown thereon have been complied with. CONSTRUCTION DRAWINGS - means a map of the subdivision, which shall show the subdivision lot outlines and which shall give particular attention to the details, limits, and types of all proposed con- struction of pavements, curbs, sewers, drains, water and other ap- purtenances. SPECIFICATIONS - means such specifications relating to street and sanitary improvements as may be required by the Town Engineer or Planning Board. PLAT - means the final map, drawing or chart on which the subdivid- er s plan of subdivision is presented to the Planning Board for ap- proval, in ink on tracing cloth, which 'will be submitted to the County Clerk for recording: i i OFFICIAL MAP - means the map of the unincorporated area of the Town of Mamaroneck established by the Town Board under Section 270 of the Town Law showing the streets, highways, and parks theretofore laid out, adopted and established by law, and any amendments thereto adopted by the Town Board, or additions thereto resulting from the approval of subdivision plats by the Planning Board the subsequent . filing of such approved plats. (Cont. on page 4) -4- MASTER PLAN - means a comprehensive plan prepared by the Planning Board pursuant to Section 272-a of the Town Law, which indicates the general location recommended for the various functional classes of public works, places and structures and for the general physical development of the unincorporated part of the Town of Mamaroneck, and includes any unit or part of such plan separately adopted and any amendment to such plan or parts thereof. 'Wherever reference is made hereinafter to the Master Plan, such reference shall apply only If such Master Plan has been adopted by the Town Board. ZONING MAP - means the existing map which forms a part of the Zoning Ordinance adopted and/or amended by the Town Board. ARTICLE III - Procedure Section 300 'Whenever any subdivision of land as hereinbefore defined is proposed to be made either as a new subdivision or where plats already filed in the office of the clerk of Westchester County prior to the appoint- ment of the Planning Board, are entirely or partially undeveloped, and before any contract for the sale of or any offer to sell any part of such subdivision is made and before any permit for the erection of a structure shall be granted, the subdividing owner thereof or his agent shall apply in writing to -t1Se Board for approval of such subdivision. For such subdivision he should first file with the Board, a prelimin- ary layout, and subsequently a final layout and a formal plat as hereinafter specified in Article IV of these requirements, the intent being that the Planning Board be afforded a review of any previously filed subdivisions that have not been fully developed. (cunt. on page 5) -5- Section 301 The preliminary layout, final layout, street profiles, parks, play- grounds, or other recreational areas and formal subdivision plat and all procedure relating thereto shall in all respects be in full compliance with the provisions of Section 276 and Section 277 of the Town Law, and with these requirements except where variation from these requirements may"be specifically authorized by the Planning Board. Five copies each of the preliminary layout designated as such, at a scale not smaller than 50 feet to the inch and indicating existing contours, water:Ior any rock outcroppings and other pertinent topo- graphic features as further specified herein, shall be filed with the Planning Board. The Planning Board will then study the preliminary layout in connection with the topography of the area, the existing requirements of the zoning ordinance, the Master Plan and the Offi- cial Map and will take into consideration the general requirements of the community, the character of the neighborhood, and the best use of the land to be subdivided. Particular attention will be given to matters enumerated in Section 277 of the Town Law as well as to specific requirements for parks, playgrounds, school sites, boulevards and main thoroughfares, the adequacy of street connec- tions and the suitability of the land for development. Section 302 After arriving at tentative conclusions, the Planning Board will dis- cuss the preliminary layout with the subdivider or his agents at a (cont. on page 6) i -6- regular meeting or a special meeting duly convened of said board. After such discussion, the Planning Board will communicate in writing to the subdividers A. All specific changes which it believes desirable in the preliminary layout; B. The character and extent, of the required improvements for which waivers may have been requested, and which, in `Its opinion., may be waived without jeopardy to the public health, safety, morals and general welfare. Section 303 The subdivider, following receipt of this communication with respect to the preliminary layout and the changes, if any to be spade therein, shall within 6 months thereafter make a submission to the Planning Board satisfactory to the Town Engineer which shall consist of 5 copies of the final layout of the subdivision plat, accompanied by 2 separate sets of prints showing the completed detailed construction drawings including but not limited to street profiles, construction details, etc. , in accordance with the provisions of Article IV of these regu- lations. Before the Planning Board accepts submission of the final layout including the construction drawings and prior to setting the date for the public hearing, it shall obtain from the Town Engineer or other duly designated official, a certificate stating that the street and any improvements already constructed by the subdivider or improvements to be constructed in accordance with the construction drawings, as approved, are satisfactory to him. If the certification is with respect to improvements already made, the said official shall certify as to such part of parts of said (Cont-. on page 7) i -7- improvements that are satisfactory as of the date of his certificate. Before the Planning Board accepts submission of the final layout of the subdivtsion plat, the subdivider shall obtain the approval without qualification of the Westchester County Dept, of Health, Westchester Joint 'Water Works No. l or any other governmental agency having juris- diction in the premises. Upon receipt of all such certifications and approvals in writing and in satisfactory form, the Planning Board shall accept submission of such final layout and shall set a date within thirty (30) days of such submission to hold a public hearing as re- quired pursuant to Section 276 of the Town Law. The Planning Board will then, within 45 days from., and after the date of,_ othe final -sub- mission above provided, approve., modify or disapprove such final layout and the construction drawings by endorsement thereon., and upon approval, the subdivider shall submit to the Planning Board the original tracings, in ink on cloth.,. of the Final Plat and the Detailed Construction Draw- ings. 11bese tracings shall then be turned over to the Town Engineer for safekeeping. If the Planting Board requires any modifications of the eubdivision plat or the construction drawings at the public hearing, the subdivider shall be required to make such changes to the final plat and construction drawings as submitted, and re-submit new prints with the tracings to the Planning Board at its next meeting with the ap- proval of the Town Engineer., and final. action by the Planning Board will not be taken prior to the further meeting at which these plans are submitted, If and when the Planning Board approves the final layout of the sub- division plat or the construction drawings, the resolution adopted by (Cont. on page 8) i the Planning Board shall require that the subdivider complete all improvements in accordance with the plans and construction drawings as provided in Section 277 of the Town Law and with the provisions of these regulations in all respects except so far as they are specifically waived by the Planning Board; or alternatively, to file with the Planning Board a performance bond for a term not to exceed 3 years, and which in all respects, shall comply with Sec- tion 277 of the Town Law and which shall be approved by the Town Board, as provided in said Section 277 of the Town Law. Except where the subdivider indicates by notation on the. plat that streets, highways, or parks are not offered for dedication to the public, the subdivider shall also by the terms of said resolution, be required to tender offers for -deeds of cession in form satisfactory to the Town Attorney of all lands included in the beds of streets and high- ways and for easements or parks as required by the Planning Board and a note or endorsement shall be placed upon the plan or plat read- ing as follows:- "Approval of this plat by the Planning Board does not con- stitute an acceptance by the town of the dedication of any street, highway, park or other public open space, but such acceptance shall become effective only upon the adoption of a resolution by the Town Board. " ARTICLE IV - General Requirements for the Subdivision of Land Section 400 The subdivider shall observe the following general requirements and principles of land subdivisions: A. In general, the proposed subdivision shall conform to (Cont. on page 9) -g- the Official Map and Master Plan, if there be one. B. The arrangement of streets in the subdivision shall pro- vide where. praeticable for the continuation of principal streets in adjoining subdivisiony and such continuations shall be of a width at least as great as that of such ex- isting connecting streets. Every subdivision shall pref- erably have two connections to existing highways, one of which may be through the streets of an adjoining subdivision. C. In general, main highways and secondary highways shall not be less than the width shown on the Official Map or as designated by the Planning Board; parkways and boulevards such width as may be designated by the Planning Board. As a general rule, the width of local streets shall not be less than fifty (50) feet. D. Dead-end or cul-de-sac streets shall not in general exceed four hundred (400) feet in length, shall have a minimum width of fifty (50) feet and shall be equipped with a turn- around roadway with a minimum radius of forty-five (45) feet to the curb at the closed end. E. Each block shall be planned to provide two rows of lots, but irregularly shaped blocks indented by cul-de-sac streets may be considered to be acceptable when designed in a manner acceptable to the Planning Board. F. Property line radii at street intersections shall be not less than twenty-five (25) feet and future curb lines. (Cont. on page 10) _10- shall be generally concentric therewith. Side lines of lots, so far as practicable, shall be at right angles or radial to street lines. G. Corner lots shall be increased in size to comply with front yard requirements on both streets, and considera- tion to future back and side yards shall also be given. H. Grades of all streets shall be the reasonable minimum, but shall not be less than one half of one percent (0.5%) nor more than six (6%) percent for main and sec- ondary highways, nor more than ten (10%) percent for local streets. All changes in grade shall be done by means of a vertical curve. S. Paved rear service streets of not less than twenty feet in width, or in lieu thereof, adequate off-street loading space, suitably surfaced shall be provided in connection with all lots designed for commercial use. J. In front of areas designated and zoned for commercial use, or where the proposed subdivision requires and the subdivider proposes to file a petition for a change in zoning to permit such use, the street width shall be in- creased by such amount on each side as may be deemed neces- sary by both the Planning Board and Zoning Board to assure the free flow of through traffic without interference by parked or parking vehicles, and to provide adequate and safe parking space for such commercial or business district. (Cont. on page 11) -11- K. In general, street lines within a block deflecting from each other to any extent whatever shall be connected with a curve, the radius of which for the inner street lines shall be not less than three hundred seventy (370) feet on main highways, two hundred seventy-five (275) feet on secondary highways, and one hundred twenty-five (125) feet on local streets; the outer street line in each case shall be parallel to such inner street line, and future curb lanes shall be generally concentric therewith. L. In subdivisions of ten (10) acres or more, the Planning Board may require play areas for public use of up to ten (10%) percent of the gross area of the subdivision unless the Planning Board determines otherwise. M. variations of the general requirements above outlined may be permitted by the Planning Board on application of the Planning Board when in its judgement, special factors warrant such a variation. N. All application provisions of Article 16 of the Town Law of the State of New York and of Section 239 K of the Gen- eral Municipal Law shall apply to the proceedings of the Planning Board. (Cont. on ,page 12) -12- STANDARDS FOR STREET DESIGN Street Local Classification Residential Secondary Business Minimum width of Right-of-Way 50 feet 50 feet 60 feet Minimum width 26 feet, except 30 . 30 feet 40 feet of pavement feet where the minimum residen- tial lot size is less then & acre Minimum radius of Horizontal Curves. 150 feet 300 feet 400 feet Minimum length 100 feet, but not 200 feet, but 200 feet of Vertical less than 20 feet not less than Curves for each 1% alge- 30 feet for braic difference each 1% alge- of grade braic differ- ence of grade - Minimun length of Tangents between Reverse Curves 100 feet 200 feet 200 feet Maximum Grade 10% 6% 6% Minimum Grade 0.5% macadam) 0.5% macada 1% pen.concur$ 0.5% (asphmacoada ) Minimum Sight )) Distance 150 feet 250 feet 250 feet e"72c Zo , NOTE: Street classification may be indicated on the to= Plan or be determined by the Planning Board. (Cont. on page 13) -13- Section 401 - Preliminary Layout, Final Layout and ,Plat A. The preliminary layout shall be a pencil tracing at a scale not smaller than fifty (50) feet to the inch nor larger than thirty (30) feet to the inch. This preliminary layout is in the nature of a declaration of intent and is for the purpose of permitting the Planning Board to pass upon the general character of the proposed subdivision, so as to expedite the approval of the "Final Layout and Plat" by the Planning Board and Town Engineer. The preliminary layout shall provide the following information: 1. Proposed subdivision name or identifying title, 2. Name and address of record owner (if corporate, name and address of a principal). 3, Date, true north point, scale, tentative new street names. 4. Map of tract showing boundaries agreeing with a certified survey. 5. Natural features of importance such as water courses, swamps and woodlands. 6. Location and names of existing streets and highways, ease- ments or other- public properties or rights. 7. Topographic survey showing existing contour lines and water- ways at sufficient intervals to establish the character of the terrain. (Cont. on page 14) -14- 8. A scaled plat showing proposed street locations, limits _ of work, approximate proposed lot dimensions, and approxi- mate areas of the lots, 9. A dimensional typical section indicating proposed pave- ment and sidewalk areas and curbing treatments. 10. Location of existing sewers, drains and water mains. 11. If the submission covers only a portion of the tract, a light dashed line sketch of the prospective future streets for the balance of the tract shall be shown on the same drawing. 12. The location of the property with respect to surrounding property and streets, also the names of all adjoining property owners of record, or the names of adjoining developments. 13. The widths of pavement and sidewalks of adjoining streets. 14. An area map at a scale of one inch equals 400 feet as an insert on the same drawing showing all streets and prop- erty within 1,000 feet of the applicant's property. All property held by the applicant (in whole or in part, in- dividually or corporately) in the area should be identified. 15. The approximate location and dimensions of all property proposed to be set aside for playground or park use. (Cont. on page 15) -i5- 16. Zoning districts and boundaries thereof applicable to the subdivision, also such provisions of the corresponding section of the zoning regulations as the Planning Board may require to be noted on the plan, B. The final layout and plat shall be a map in ink on tracing cloth to a suitable scale, properly prepared and- certified, and. show- ing the following: Items #1 through #6 inclusive as listed under Article IV, f Section 401-A, "preliminary layout", shall also apply to the final layout and plat. 7. Lots, numbered and in substantial agreement with Article IV, Section 401-A, with final bearing, distances, and curve data, also showing proposed monument locations and monument tie lines such as are necessary to permit re- establishment of lot corners within the subdivision. (All dimensions in feet and hundredths of a foot.. ) 8. Streets, showing width of right-of-way and referenced by notation to construction drawings which will show widths of proposed pavement; location of sidewalks, typical sections with details of pavements, curbs, sewers, drains and other data pertinent to the pro- posed construction. g. A note providing for County Health Department- approval. (font. on page 16) -16- 10. County block and sheet number applicable to the subdi- vision. 11. A note stating that existing contours and water ways are indicated on the detailed construction drawings. 12. Necessary title boxes, notation providing for Planning Board approval, statement of dedication of all streets within the subdivision and delineation of limits of said streets, provision for Town Engineer's approval subject to satisfactory compliance with the construction drawings and such other references or notes as the Board may re- quire .in particular cases. If the intention be that streets shall remain as private streets, a notation as follows shall be added to the final plat: "No offer of dedication of streets highways or parks (if any) shown on this map is made to the public". Section 402 - Detailed Construction Drawings A final layout of the entire tract in ink on tracing cloth accompanied by necessary specifications shall be submitted to the Town Engineer. The detailed construction drawings shall be at the same scale as the final layout and plat and shall provide the following information: Items #1 through #6 inclusive as listed under Article ITT, 1 . Section 401-A, "preliminary layout", shall also apply to the "detailed construction drawings". (Cont. on page 17) -17- 7. The width, location, horizontal geometries and limits of paving of all streets, parking areas, or other public ways proposed by the developer, and the locations and limits of all proposed sidewalks (if any). 8. Existing contours, at an interval suitable to the Town Engi- neer, shown tied into a "top of out line" based on the pro- files _and cross sections of the proposed streets, the flow i lines and top of bank lines of streams that are to remain, also general locations of necessary swales with several spot elevations indicated so as to establish the fact that adjacent lands be saved harmless from any flooding that might otherwise be induced by filling and grading of the lots of the subdivision. 9. Typical cross-sections of roadways and sidewalks, showing curbs, gutters, depth and character of surface and of sub- base, conforming with the current standard details and re- quirements of the Town Engineer. 10. Location and size of all new water mains and connections to existing mains; location of fire hydrants. If alternative means of supplying water are provided under Section 89 of the Public Health Law, submit method and evidence of ap- proval by the County Commissioner of Health, 11. Location and size of all new sanitary sewers and connections to existing sewers; location of man-holes and type of con- struction; location and detail of cradles or other supports (Cont. on page 18) -a8- where required by field conditions or rulings of the Town Engineer or Planning Board. Laterals for each lot shall be carried to the property line, unless this requirement is specifically waived by the Planning Board and a note on the final plat states that connections to the main sewer along with necessary pavement repair must be made by the individual lot owners. If alternative means of sewering and treatment are to be provided under Section 89 or the Public Health Law, submit details and evidence of approval by the County Commissioner of Health, and the final plat shall be noted to this effect. 12. Method of collecting and discharging storm water; details of catch basins, culverts, storm sewers, etc. conforming -- to the requirements of the Town Engineer. 13, any water mains, sanitary sewers, or other public facili- ties to be carried over or under private property shall be in permanent easements not less than ten (10) feet in width having satisfactory access to a public highway or other public open space. Details of such easements and evidence of their existence shall be provided. 14. Profiles showing existing and proposed elevations along the center lines of all streets to same horizontal scale as. the plan, but with enlarged vertical scale. Where a proposed street intersects an existing street or streets, the elevation along the centerline of the existing street or streets, within 100 feet of the intersection, shall be (Cont. on page 19) -19- shown. All elevations must be referred to established U.S. Government or approved local bench marks, where - they exist within 1/2 mile of the boundary of the sub- division. 15. The Town Engineer may require supplementary existing ground profiles plotted on the proposed profile at loca- tions where steep slopes exist, showing present existing elevations on either or both sides of the street at 50 foot intervals parallel to the center line. These sup- plementary existing profiles are developed by measuring existing elevations at approximately five points on a line at right angles to the center line of the street. Said elevation points shall be at the center line of the street, each property line, and points approximately 25 feet inside each property line. Cross sections plotted up on tracing paper may also be required in certain areas as directed by the Town Engineer. 16. Necessary roadway details of street pavements, including curbs and gutters, sidewalks, granite monuments with covers, manholes and catch-basins; the locations of proposed street trees, (if any); street lighting standards or all utility poles showing which will carry street lights, street signs, the location, size, and invert elevations of existing and proposed sanitary sewers, storm water drains, and fire hy- drants; and the exact location and size of all water, gas, or other existing or proposed underground utilities or (Cont. on page 20) -20- structures. Utilities governed by fixed elevations such as sewers and drains shall be shown on profiles with. nota- Lion showing water line clearances at crossings. 17. In the cases of large subdivisions that are to be improved by sections, each section shall be clearly defined on final plat and construction plan and profile by dimensions- and notes so that applicable bond coverage "ties-in" with the final plat. Section 403 - "As Built" Drawing After completion of the construction work, a marked-up print of the construction drawings made by a licensed professional engineer showing adjustments or alterations to final construction drawings shall be sub- mitted showing all approved changes and final locations of all street line utilities including all sanitary sewer spur locations. This print shall be known as the "As-Built" drawing. When this print is approved by the Town Engineer, the tracings for the construction drawings shall be brought up-to-date in ink by the same licensed professional engi- neer engaged by the subdivider, and the tracing shall be certified by that engineer or other duly qualified professional engineer suitable to the Planning Board. Section 404 - General Notes and Regulations Ae Ownership of Streets Title to the land in the bed of streets shown on the final lay- out and plat shall be retained by the subdivider, and when sell- ing individual lots of the subdivision, the subdivider shall (Cont, on iage 21) reserve title to the fee of the streets for the purposes of dedication to the Town. Except where the subdivider plans to retain the streets or other areas as private streets, parks, etc. , as set forth in Section 303 of these Regulations, then and in addition to the notations previously specified, all plats shall also bear the following notation: I "Title to land in the bed of all streets shown on this plat will be retained by the subdivider. The contract or deed for any lot, or part thereof shown on this plat, shall in no case include title to any part of the street, " B. Endorsement of County Health Department The proposed subdivision final layout and plat shall be prop- erly endorsed by the County Health Department, as required by the County Sanitary Code, before any public hearing is sched- uled. The plat should be in final form before being presented to the Planning Board or County Health Department for approval. C. No Changes to be Made .After Approval Any erasures made on a plat after Planning Board approval but prior to its signing shall be initialed by the Chairman or his designated representative. No changes, erasures, modifications, or revisions shall be made in any subdivision plat after approval has been indicated by signature on the plat. (Cont. on page 22) -22- D. Signing of Plat Every subdivision plat submitted to the Planning Board for its approval shall carry the following endorsement: "Approved by Resolution of the Planning Board of the Town of Mamaroneck, New York on the day of l9, subject to all require- ments and conditions of said Resolution. Any change, erasure, modification or revision of this plat, as ap- proved, shall void this approval. Signed this day of Chairman - E. Status of Parks or Reserved Areas In the event that legislation exists that is applicable to any Planning Board Resolution that requires the subdivider to provide Parks or other Reserved Areas, it shall be under- stood that any Park requirements made by the Planning Board are subject to a satisfactory agreement between the Town Board and the Subdivider as to the adequacy of, and manner in which, any amount of money and/or other consideration may be granted, between the Town and the Subdivider, in exchange for the title to any Park Lands. All agreements shall be satisfactory to the Town Board and the Town Attorney. (Cont. on page 23) -23- F. Acceptance of Streets, Parks, or Reserved Areas The approval by the Planning Board of a subdivision plat shall not be deemed to constitute or imply the acceptance by the Town Board of any street, .park, playground or other open space shown on said plat. The Planning Board will require said plat to be endorsed with appropriate notes to this effect. The Planning Board will also require the filing with the Town Attorney of a written agreement between the applicant and the Town of Mama- roneck covering future title and maintenance of park areas and title to the beds of the streets with a description in proper form for recording, as well as any necessary instruments, to insure completion of landscaping and installation of equipment in any park or playground area in accordance with such separate plans for said park or playground area as may be required by the Town Engineer. ARTICLE'V - Completed Improvements or Bond Required Before Building Permit May be Issued - Section 500 Before any building permit shall be issued, the subdivider shall either have completed all improvements required by the Planning Board in its resolution approving the subdivision plat, and shall have ob- tained the approval of the Town Engineer who shall certify that all improvements are in accordance with the standards and specifications as set forth in Article IV of these regulations: or, alternatively, shall have furnished a performance bond issued by a bonding company conforming in all respects with the Planning Board resolution approv- ing the subdivision, which bond shall have been approved by the Town Board and the term of which has not expired. 2, Letter from Planning Board (Re Letter from Building & Construction Trades Council) In the matter of a letter addressed to the Town Board by the Building & Construction Trades Council of Westches- ter County protesting the effect of up-zoning on the Building and Construction Trades in the County, and re- ferred to the Planning Board, the Clerk presented a letter from that Board stating that it was the Board's feeling that since the Zoning Ordinance of the Town of Mamaro- neck provided no area in which as much as an acre of land was required, the comments in the Building & Con- struction Trades Council letter did not apply to the Town. The Clerk was directed to so advise the Building and Con- struction Trades Council. COMMUNICATIONS (Not on Agenda) 1, Request of Police Commission Upon presentation of a request from the Police Commission, which was ordered received and filed, on motion by Coun- cilman Brush and seconded by Councilman Cook, it was unanimously RESOLVED that this Board hereby approves the re- quest of the Police Commission for authorization of the expenditure of not to exceed the sum of $10, 00, to cover registration and transportation for three officers of the Police Department to attend a meeting of the Metropolitan Law En- forcement Conference, to be held at Manhattan College on May 13th, 1961, said expense to be paid from the proper item in the 1961 Police De- partment budget, 2. Approval of Revised "Regulations for the Approval of Subdivi- sion Plats in the Town of Mamaroneck" -- Planning Board Upon presentation of a request for the Board's approval of the revised "Regulations for the Approval of Subdivision Plats in the Town of Mamaroneck" as adopted by resolu- tion of the Planning Board of the Town of Mamaroneck on May lst, 1961, on motion by Councilman Cook and seconded by Councilman Brush, it was unanimously RESOLVED that this Board hereby approves the "Regulations for the Approval of Subdivision Plats in the Town of Mamaroneck" , as adopted by resolution of the Planning Board of the Town of Mamaroneck on May 1st, 1961, 3, Letter from National Multiple Sclerosis Society The Clerk presented a communication from the Executive Dir- ector of the National Multiple Sclerosis Society requesting ad- vice as to whether there were any requirements to be met in the Town in the conduct of an annual solicitation of funds. The Board directed, since the Town has no such require- ments, that the communication be received and filed and the Society notified to this effect. 4. Letter from Jeremiah C. Waterman A letter from former Councilman Jeremiah C. Waterman thanking the Supervisor and members of the Board for the picture and clipping of the so-called "Waterman Stairway" at the Larchmont Station, which came into being as a re- s-ult of his suggestion when serving on this Board, was read and ordered received and filed. REPORTS The Clerk presented the following reports which were ordered received and filed: Report of the Receiver of Taxes and Assessments for the month of April, 1961. Report of the Town Clerk for the month of April, 1961. Report of the Building Inspector for the month of April, 1961. Annual Report of the Supervisor for the year 1961, together with Annual Report of Notices of Tort Claims for the year 1961. The Supervisor -- No report in the absence of the Supervisor. Councilwoman Helwig -- 1. Sailing Instruction Program Councilwoman Helwig advised the Board that the Recreation Commission reported the Sailing Instruction program to be 7510 filled as of this date. 2. Thruway Noise Abatement Committee Councilwoman Helwig explained to the Board that the Com- mittee had agreed to engage Standard M. Potter, Acoustical Engineer, as consultant to the Committee in the study being conducted, for a fee of $180. 00, to be shared by the nine municipalities represented on the Committee, and requested the Board to authorize the expenditure of the sum of $20. 00 for this purpose. Whereupon, on her motion, .which was seconded by Cou-a- cilman Brush, it was unanimously RESOLVED, that there is hereby authorized the ex- penditure of the sum of $20.00, in payment for services of Stannard M. Potter, Acoustical En- gineer, engaged as consultant to the Thruway Noise Abatement Committee, said expenditure to be paid from the 1961 budget for Town Offices--Other Expenses. Councilman Kane -- 1. Incident at Larchmont Station (New Haven Railroad) For the information of all present, Councilman Kane called attention to the near tragedy at the Larchmont New Haven Station last Friday, April 28th, which was so well reported in the local paper, a copy of which is hereto attached. At 8;10 a.m, on the 28th, two young girls boarding train #210 eastbound narrowly missed being thrown to the plat- form or under the train when it started while they were boarding, and a dreadful accident was averted only because of the quick thinking and expedient action of a gentleman passenger who was on the vestibule between the cars, Councilman Kane further stated that he was advised that there had been other similar incidents and that he was ad- vised by Mr. Maggini, Chairman of the Planning Board, that he had just recently called to attention the railroad's lack of concern for the safety of its passengers, children and adults alike. It was suggested by common consent of all members of the Board and strong assent from those attending the meet- ing that a resolution concerning this matter be sent to the Public Service Commission with a copy to Mr. George Alpert, President of the New Haven Railroad. Councilwoman Helwig stated that she not only favored sending such a resolution, but would like to see it broadened to include and call attention to the apparent disregard of safety factors which have led to so many delays and acci- dents on the New Haven in recent months. Councilman Brush stated that along this line, there had been much discussion of the nearness of the new station building to the tracks and the attendant danger, particularly - at rush hours, and that he would like to have it suggested that a guard railing be erected in front of the doors of this station. Councilman Cook then suggested that the Interstate Com- merce Commission be notified as well as the Public Ser- vice Commission, stating that he felt the Interstate Com- merce Commission would delineate the practises the rail- road must follow precisely, and that he felt all might be quite surprised by the results effected thereby, Jerome N. Wanshel, Larchmont attorney attending the meet- ing, addressed the Board at this time to suggest that copy of the resolution be sent with a letter to the Brotherhood of Trainmen, the Union responsible for the conduct of conduc- tors and train personnel, and he further suggested that in- quiry be made as to why there should be forgiveness of taxes, raising of funds, etc, in an endeavor to keep the rail- road going unless the Union cooperated in at least trying to maintain and protect reasonable safety, Mr, George Schuler, also present, advised the Board that the Executive Board of the Larchmont Gardens Civic Asso- ciation, at its last meeting, had discussed at length the narrow space in front of the new station, concerning which most grievous concern and distress was expressed, Councilwoman Helwig reminded the Board that Mr. Bozell had discussed with the railroad having a fence erected in front of the station as a safety measure, and that the rail- road had cited, among its objections thereto, the difficulty such a fence would present, most particularly at commu- ter rush hours, but at all times also since trains were of varying length and since it was impossible to stop them at the same spot at all times. Whereupon, on motion by Councilman Cook and seconded by Councilman Brush, the following resolution was adopted unanimously WHEREAS, it has come to the attention of this Board that the operating practises of the New York, New Haven & Hartford Railroad, partic- ularly in the commuter service, have been in many instances careless and sometimes amounted to an utter disregard of the safety of passengers or commuters as evident in the in- cident which occurred when train #210 left Larchmont eastbound on the 28th day of April when the train was started while a number of children were boarding; and WHEREAS, it has also been specifically called to the attention of this Board that the conditions on the west-bound platform of the Larchmont station, due to the proximity of the station building to the tracks, are such that the safety of west-bound passengers is endangered; NOW,, THEREFORE,, BE IT RESOLVED, that this Board urges the Public Service Commission and the Interstate Com- merce Commission to take immediate action in connection with such disregard of the safety of passengers as evidenced by the occurrence on April 28th, and also make a further investiga- tion of the conditions on the west-bound platform with particular reference to the lack of space between the station building and the tracks; and be it FURTHER RESOLVED, that copies of this reso- lution be sent to the Public Service Commission of the State of New York, 199 Church Street, New York City, the Interstate Commerce Com- mission, Interstate Commerce Commission Building, Washington 25, D.C. , the Brother- hood of Railroad Trainmen, 1132 Standard - Building, Cleveland 13, Ohio, and also to Mr, George Alpert, President of the New York, New Haven & Hartford Railroad, South Station, Bos- ton, Mass, Councilman Brush -- 1, Report, Bus Application--William Dahl For the Board's information with reference to a letter from Mr. William Dahl, concerning the possibility of operating a bus line over part of the old County Transportation route, Councilman Brush reported that no action was required in this matter pending further word from Mr. Dahl, who, presently, was sending letters to residents along the pro- posed route to determine the need for such a service. Councilman Cook -- 1, Planning Board Meeting Councilman Cook reported that the Planning Board had met in special session Monday evening to discuss certain ques- tions asked by the County in connection with the Land and Outdoor Recreational Facility study presently being con- ducted in the Town, The Town Attorney -- 1. Issuance of Duplicate Tax Liens--Eugene Brondoli The Attorney presented a letter from Del Guercio & Del Guercio, attorneys for Eugene Brondoli, requesting the issuance of duplicate tax liens for liens sold at tax lien sales held in 1931 and 1932 on property owned by Assunta Brondoli and known as Block 125, Lot 19 on the Tax As- sessment Map of the Town of Mamaroneck, (then Sec, 1, Block 63, Lot 1), on the ground that the originals had been - lost, and recommended that such duplicate liens be issued. Whereupon, on motion by Councilman Brush and seconded by Councilwoman Helwig, it was unanimously RESOLVED, that duplicate liens covering the premi- ses owned by Assunta Brondoli and known as Block 125, Lot 19 on the Tax Assessment Map of the Town of Mamaroneck, sold to Eugene Brondoli at tax lien sales in 1931 and 1932, in the amounts of $39, 82 and $14. 10, or a total sum of $53,92, be issued to Eu- gene Brondoli, pursuant to the provisions of Sections 556 and 582 of the Westchester County Administra- tive Code, (Chapter 852 of the Laws of 1948), pro- vided that Eugene Brondoli file with the Town of Ma- maroneck an Indemnification Agreement pursuant to Section 582 of the Westchester County Administra- tive Code in the sum of $53. 92, to indemnify the Town against any loss or claim resulting from the -- production of the original liens, if found; such In- demnification Agreement to be in form satisfactory to the Town Attorney, Z. Notices of Meetings (Zoning, Larchmont and New Rochelle) The Attorney presented notices of meetings of the Zoning Boards of Appeal of the Village of Larchmont and the City of New Rochelle, which had been referred to his attention, and which, upon report that the Town would not be affec- ted by the matters under consideration in either case, were ordered received and filed, 3, Proposed Garage Bill For the Board's information, the Attorney read the mes- sage accompanying the Governor's veto of the proposed "Garage Bill", comment on which was reserved pending the Supervisor's return, ADJOURNMENT There being no further business to come before the meeting, it was declared adjourned at 9.10 P.M. , to reconvene on May 17, 1961, 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 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 Cook, 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. Atlantic Service Center $ 213. 92 R. G. Brewer, Inc. 39,49 McGuire Bros„ Inc. 7. 50 N.Y.. Telephone Co. 92, 85 Suburban Elec. Svice„ Inc. 9. 00 Wesco Fire Equip't & Svice. 153.85 Wesco Fire Equip't & Svice. 220. 35 Total $ 736.96 2. Reports Commissioner Brush presented the Fire Report for the month of April, 1961, which was ordered received and placed on file, 3. Communications Commissioner Brush reported that there were no com- munications to come before the meeting. 4. Adjournment There being no further business to come before the meeting, it was declared adjourned at 9.15 p.m. , to reconvene on May 17th, 1961. Tow Cl�rk