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HomeMy WebLinkAbout1961_10_18 Town Board Minutes , MINUTES OF A REGULAR MEETING OF THE TOWN BOARD OF THE TOWN OF MAMARONECK, HELD OCTOBER 18th, 1961, IN THE COUNCIL ROOM OF THE WEAVER STREET FIREHOUSE, WEAVER STREET, TOWN OF MAMARONECK. CALL TO ORDER The Supervisor called the meeting to order at 8:15 p.m. ROLL CALL Present: Supervisor Burchell Councilman Kane Councilman Brush Councilwoman Helwig Councilman Cook Absent: None 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, Paonessa - Building inspector Mrs. Brewer - Secretary OPENING OF BIDS - Drain, Old White Plains Road The Clerk presented the affidavit of publication of the notice for bids and opened and submitted the following bids: Bidder Bid New Rochelle Construction Co. $18, 294. 20 Lindine Construction Corp. 17, 558. 80 The bids were referred to the Engineer and Attorney for study with report thereon at the next meeting. PUBLIC HEARING - Application for Special Permit 385 Post Road, Larchmont On motion by Councilman Brush and seconded by Councilwoman Helwig, it was unanimously RESOLVED, that the hearing be and it hereby is de- clared open. The Clerk then presented the affidavit of publication of the no- tice of hearing for the record and the Supervisor presented a memorandum from the Building Inspector, herewith ordered received and filed, which recommended that the subject ap- plication be granted only subject to the conditions stated there- in in compliance with the Building Code and Zoning Ordinance of the Town of Mamaroneck. In response to the Supervisor's inquiry, Joshua Hacker, tenant of the applicant-owner, was heard in his own behalf requesting that the present building be permitted to remain since it was screened from street view, and Peter G. Moore of Palmer Avenue, Town, inquired whether applications for special per- mits should come before this Board or the Zoning Board of Appeals. Whereupon, since no one else wished to be heard either in fa- vor of or in opposition to the application, on motion by Coun- cilman Brush and seconded by Councilwoman Helwig, it was unanimously RESOLVED, that the hearing be and it hereby is de- clared closed. And thereupon, on a motion offered by Councilman Brush and seconded by Councilman Kane, the following resolution was adopted unanimously: WHEREAS, Ruth Silver, the owner of a gasoline ser- vice station located on premises known as Block 505, Parcel 415 on the Tax Assessment Map of the Town of Mamaroneck and located at 385 Boston Post Road, corner of Dean Place, in the Town of Mamaroneck, has filed an application with the Building Inspector of the Town of Mamaroneck to construct or re-construct a gasoline service station on said premises; and WHEREAS, said application has been denied by the Building Inspector because of non-compliance with Ar- ticle IV, Sections 410, 43Z and 449 of the Zoning Ordi- nance, which require that any extension of or addition to an existing non-conforming use which is classified in the Ordinance as one requiring a special permit, shall meet all requirements of the Zoning Ordinance; and WHEREAS, the said applicant has appealed to this Board pursuant to Section 43Z of the Zoning Ordi- nance for a special permit; and WHEREAS, the plan previously submitted has been re- vised so as to provide for the demolition of the existing metal garage structure at the rear of the property, and otherwise meets with the approval of this Board; NOW, THEREFORE, BE IT RESOLVED, that the Building Inspector is hereby au- thorized to grant a special permit to Ruth Silver, ap- plicant, for the construction or re-construction of a gasoline service station on premises located at 385 gl 1-7 Boston Post Road, Town, and known as Block 505, Parcel 415 on the Tax Assessment Map of the Town of Mamaroneck in accordance with the plans filed with the Building Inspector on August 24th, 1961, and revised and refiled on October 24th, 1961, sub- ject to the following conditions: 1) That the existing metal garage structure lo- cated at the rear of the property be removed from the premises. 2) That the structure as altered pursuant to this permit comply in every respect with the ap- plicable provisions of the Building Code of the Town of Mamaroneck. MR. B. J. SANTORO -- At this time, the Supervisor welcomed former Councilman B. J. Santoro, the present Village Manager of the Village of Mamaroneck, remarking that it was "good" indeed to again see him in this room, OLD BUSINESS These was no old business to come before the meeting, NEW BUSINESS 1, Application for Swimming Pool Permit - Irving Yasgur The Clerk presented an application for a permit to construct a swimming pool on premises owned by Irving Yasgur of 12 Stonewall Lane, Town, together with a memorandum from the Building Inspector recommending that the permit be granted subject to compliance with the conditions listed therein, which was ordered filed herewith for the record, Mr. Yasgur, who was present, assurred the Board that he was willing to comply with the stipulated conditions , and thereupon, since all members of the Board had examined the site for the proposed pool, on a motion offered by Coun- cilman Kane and seconded by Councilman Cook, the follow- ing resolution was adopted unanimously: WHEREAS, Irving Yasgur has presented an applica- tion for a permit to construct a swimming pool and appurtenances on premises located at 12 Stonewall Lane, Town, and known as Block 333 - Parcel 462 on the Tax Assessment Map of the Town of Ma- maroneck; and WHEREAS, the Building Inspector of the Town of Mamaroneck has examined the plans and specifica- tions 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- for recommends that the application be approved; NOW, THEREFORE, BE IT RESOLVED, that the application of Irving Yasgur for a permit to construct a swimming pool and appurten- ances on his premises located at 12 Stonewall Lane, Town, and known as Block 333, Parcel 462 on the Tax Assessment Map of the Town of Mamaroneck, is here- by approved, and the Building Inspector is hereby au- thorized to issue a permit for same provided the pool is constructed in conformance with the plans and spec- ifications submitted and filed with the application, and amended and supplemented to show compliance with the following conditions. 1) That a catch basin be provided on the dis- charge side of the filter, between said fil- ter and existing drainage pipe, to catch lint and hair due to back-washing of filter system, 2) That, if any outdoor lighting is installed, it be so arranged that all light sources be shielded and light diverted away from neighboring premises. 3) That an evergreen screen be provided along the easterly side line between the fenced area and the proposed pool. 4) That additional shrubs be provided in front of proposed 4' -0 chain link fence between garage and easterly side line. COMMUNICATIONS 1. Authorization for Snow Removal, State Highways The Town Clerk presented a communication from the County Department of Public Works under date of October 6th, 1961, requesting adoption of a resolution approving removal of ice and snow on State highways in the Town by Town forces for - the 1961-1962 season if this were the pleasure of the Board. Whereupon, on motion by Councilman Cook and seconded by Councilman Kane, the following resolution was adopted unanimously. WHEREAS, Section 12 of the Highway Law, as amended by Chapter 305 of the Laws of 1946, provides that if the removal of snow and ice from the State high- ways is taken over by the County, the County can ar- range with the Town Superintendents or Village Street Commissioners of the various towns/villages in the County of Westchester for the removal of the snow and ice from such State highways as are within their municipal boundaries, and the entire cost of such work will be reimbursed by the State; and WHEREAS, the Town of Mamaroneck under date of November 8th, 1946, entered into a contract with the County of Westchester for the removal of snow and ice from the State highways within the said Town, in accordance with the provisions of Section 12 of the Highway Law as amended, and under date of October 18th, 1961, extended said contract for the season of 1961-1962; NOW, THEREFORE, BE IT RESOLVED, that the Town of Mamaroneck extend the above-mentioned contract with the County of Westchester for an additional year; and be it FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Westchester County Commissioner of Public Works. 2. Communication from Recreation Commission (County Comprehensive Recreation Survey Report) The Clerk presented a communication from the Recreation Commission, dated October 13th, 1961, containing a reso- lution pertaining to the County Comprehensive Recreation Survey report, which was ordered received and filed here- with for the record. Following a short discussion, the Board, in concurrence with the Supervisor's suggestion, requested him to discuss the implementation of the recommendations and sugges- tions presented in said report with the two Mayors of the Villages, and to report thereon at the next meeting of the Board, (Not on Agenda) 1. Request of Police Commission - Expenses, Bank Robbery Conference at Bear Mountain In accordance with the request of the Police Commission herewith filed for the record, on motion by Councilman Brush and seconded by Councilwoman Helwig, it was unanimously ` 3 RESOLVED, that an expenditure of not to exceed $8. 00, to be paid from the proper item in the Police Department budget for 1961 to cover ex- penses of two Police officers attending a con- ference on bank robbery at Bear Mountain Inn on October 18th, 1961, is hereby authorized, 2. Application for Water Main - Daniel Amatuzzo The Clerk presented an application submitted by Daniel Amatuzzo for the installation of 70 feet of 6" main in Blossom Terrace, en- tirely at the applicant's cost, together with cost estimate pre- pared by George Straub, Superintendent of the Westchester Joint Water Works, which were ordered received and filed herewith. Whereupon, on the Attorney's advice that Mr. Amatuzzo had furnished the easement requested by the Town, on a motion of- fered by Councilman Kane and seconded by Councilman Cook, the following resolution was adopted unanimously. RESOLVED, that the Town Board of the Town of Mamar- oneck hereby approves the installation of 70 feet of 6" main in Blossom Terrace, from the end of the existing main easterly to the end of the street, at a total cost of $294, 38; and be it FURTHER RESOLVED, that this approval is contingent upon the applicant, D. Amatuzzo, paying the total cost of said installation in the sum of $294, 38, such amount to be deposited with the Westchester Joint Water Works No. 1; and be it FURTHER RESOLVED, that this approval is contingent upon the applicant paying the cost of excavation and backfill, and furnishing the Town with an easement to be approved by the Town Attorney; and be it FURTHER RESOLVED, that unless the installation of the above-mentioned water main is completed within a period of one (1) year from the date of this resolution, or not later than October 18th, 1962, this authorization shall become null and void, REPORTS The Town Clerk -- The Clerk presented the following reports which were ordered re- ceived and filed; Report of the Westchester Shore Humane Society, Inc. for the month of September, 1961. Report of the Building Inspector for the month of September, 1961. Town Clerk's Report for the month of September, 1961, Report of Receipts and Disbursements, Town of Mamaroneck, for the period from January lst - September 30th, 1961, Affidavit of publication on October 3rd, 1961, of the Dutch Elm Disease Ordinance, In connection with the Dutch Elm Disease Ordinance, the Clerk was directed to forward a certified copy thereof to the Com- missioner of the Bureau of Agriculture & Markets, requesting that the necessary Directive be forwarded as quickly as pos- sible in order to expedite the survey in this area. The Supervisor -- 1. Reservations - Association of Towns Convention The Supervisor informed the Board that reservations for the .Association of Towns annual meeting in Buffalo next February had been requested, 2. Investment of Funds ($81, 500. 00) In connection with the proposed investment of the $81, 500. 00 received from the New York State Thruway Authority for station property, upon the Supervisor's presentation of a communication from the First Westchester National Bank ad- vising the rates of interest on 6-month, 90-day, and less than 90-day Certificates of Deposit, following discussion and in accordance with recommendation by Councilman Kane that these funds be invested, it was, on motion by Councilwoman Helwig, seconded by Councilman Kane, unanimously RESOLVED, that this Board hereby authorizes the in- vestment of the sum of $81, 500.00 in a Certificate of Deposit in the First Westchester National Bank, a duly designated depository of the Town of Mamaro- neck, for a period of 6-months bearing interest at the rate of 3% per annum. Councilwoman Helwig -- -- 1, Communication from Park Commission Councilwoman Helwig presented a communication from the Park Commission quoting resolution adopted by that body on October 6th, 1961, pertaining to the development of the property adjacent to Carl's Restaurant, which was here- with ordered received and filed for the record. "`:77 Apropos thereto, she stated that it was her information that the Park Commission, Recreation Commissionand Engineer were working together preparing plans for the area, and the Supervisor suggested that a joint meet- ing be arranged to discuss this matter. Councilwoman Helwig also announced that Mrs. Phillips would conduct a tour of all the County properties, to start at Carl's Restaurant at 10 a. m, this Friday, and that, if desirable, she was willing to conduct a second tour on a Saturday a bit later on. Z. Thruway Noise Abatement Committee Councilwoman Helwig advised the Board that the noise recordings being made by Mr. Potter would be heard at the next meeting of the Committee on Thursday even- ing, October 26th, at the Larchmont Municipal Building. Councilman Kane -- 1. Welcome to Mr. Fischer Councilman Kane welcomed Mr. Fischer, the Superin- tendent of Highways, who had been ill and hospitalized for some time due to a broken shoulder. Councilman Brush -- Councilman Brush stated that he had no report other than that pertaining to Fire matters. Councilman Cook -- 1. Apportionment Councilman Cook presented the following petition, submitted by the Assessor, for the correction of the assessment roll so as to permit the apportionment of taxes, and on his mo- tion, which was seconded by Councilman Brush, the follow- ing resolution was adopted unanimously; WHEREAS, the Assessor has presented the following petition for the correction of the assessment roll for certain years pursuant to the provisions of Section 557, Article 16 of the Westchester County Adminis- trative 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 1960, school taxes of 1961, and the assessment roll of 1961, taxes of 1962, which show property now appearing on the roll as follows: Block Parcel Name Land only 124 435 Michael Bruno $ 2, 200 be corrected as follows in accordance with the provi- sions of subdivision 5 of Section 557: Block Parcel Name Land only 124 435 Mitchell L. Lanza & W 1, 000 124 563 Harry Fazzieri & W 1, 200 2, Civil Defense - (Fallout Shelters - Amendment of Building Code) Due to the increased interest in the construction of fallout shelters, Councilman Cook suggested that the building per- mit fee for such construction be waived, and upon the At- torney's advice that amendment of the Building Code was necessary, which required a public hearing thereon, he suggested that such hearing be held at the next meeting and that the Clerk be authorized herewith to publish the necessary notice, - Whereupon, on his motion, which was seconded by Coun- cilwoman Helwig, it was unanimously RESOLVED, that in accordance with law, the Clerk be and he hereby is authorized to publish in the of- ficial newspaper of the Town of Mamaroneck, The Daily Times, a notice of public hearing to be held at the next regular meeting of this Board on Novem- her 1st, 1961, at 8:15 p.m„ in the Council Room of the Weaver Street Firehouse, Weaver Street, Town of Mamaroneck, to consider certain amendments to Article I of the Building Code of the Town of Ma- maroneck, as stated in said notice, The Town Attorney -- 1, Zoning Violation - Nursery, Leonard Tenner In accordance with the Attorney's recommendation, since the parties concerned had requested two weeks postpone- ment, this matter was put over to the next meeting, 2. Report - Larchmont Gardens Apts. (Knotty Knolls) Following presentation of the Building Inspector's and En- gineer's written report on the present status of the violations at the subject apartments, filed herewith for the record, and a verbal description by Village Manager Santoro of the Vil- lage's efforts in this matter, it was suggested that when all was in order, a joint meeting of representatives of the Town, Village, Owners and Tenants be held in an endeavor to ob- tain united cooperation in the orderly maintenance of these premises. Meanwhile, the Building Inspector and Engineer were dir- ected to continue their inspections and to cooperate with the Village in obtaining the report of the boiler inspections to be made by the expert engaged by the Village and Town jointly on a consultant basis at a fee of $100. 00 per day, said fee to be pro-rated between the Village and the Town. 3. Acceptance of Country Road On recommendation of the Attorney, this matter was de- ferred to the next meeting pending satisfactory completion of certain street improvements. 4. 65 Palmer Avenue In reply to question previously raised by Peter G. Moore, the Attorney presented a written opinion regarding the use of a ten foot strip adjoining a new apartment at 65 Palmer Avenue now under construction, which was ordered received and filed with copy thereof forwarded to Mr. Laurence Sobel in reply to his like question. Also, regarding a further question raised by Mr. Moore at this time, the Attorney and Building Inspector were directed to investigate and report thereon to Mr. Moore. 5. Bowling Alley Ordinance In connection with the matter of regulating Bowling Alley op- eration in the Town, the Attorney submitted a draft of a pro- posed ordinance to each member of the Board for considera- tion and study. OTHER BUSINESS 1, Mr. Thomas Abrahamsen -- Mr. Abrahamsen inquired regarding inclusion of funds in the comingyear's budget to cover increasing the amount of pen- sion paid to the widows of retired police officers and was as- sured by Councilman Brush that the matter was under con- sideration with favorable recommendation from the Police Commission and Chief. ADJOURNMENT There being no further business to come before the meeting, on motion duly made and seconded, it was declared ad- journed at 9.10 p.m. , to reconvene on November 1st, 1961. BOARD OF FIRE COMMISSIONERS The meeting of the Board of Fire Commissioners was con- vened immediately upon adjournment of the Town Board meeting. 1. Claims Commissioner Brush presented the following Fire Depart- ment claims, which had been audited by the Comptroller and approved by the Fire Chief, and on his motion, sec- onded by Commissioner Helwig, it was unanimously RESOLVED, that the following claims be and they hereby are approved, and the Supervisor and Comptroller be and they hereby are authorizedto pay the same out of the budget for the Fire De- partment: Atlantic Service Center $ 109. 05 R. G. Brewer, Inc. 86.49 Chatsworth Oil Co. 42, 14 Con Edison 5. 00 Con Edison 81.47 Larchmont Print 26. 75 N. Y. Telephone Co. 7. 81 New Rochelle Water Co. (Hydrants) 60. 00 Total $ 418. 71 2. Reports There were no reports to be presented. 3. Communications There were no communications. 4. Other Business At this time, Commissioner Brush and the Fire Chief called to attention the annual Inspection and Dinner to- morrow evening, stating that they hoped to welcome all officials on this occasion. 5. Adjournment There being no further business to come before the meeting, on motion duly made and seconded, it was declared adjourned at 9;15 p.m. , to reconvene on November 1st, 1961. T6 n rk