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HomeMy WebLinkAbout1961_11_01 Town Board Minutes 9 MINUTES OF A REGULAR MEETING OF THE TOWN BOARD OF THE TOWN OF MAMARONECK, HELD ON NOVEMBER 1st, 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 Mrs. Brewer - Secretary APPROVAL OF MINUTES On motion duly made and seconded, the minutes of the regular meeting of July 5th, 1961 were approved as corrected; the minutes of the regular meeting of August 2nd, 1961, approved as submitted; and the minutes of the special meeting of August 26th, 1961, approved as corrected. PUBLIC HEARING - Amendments to Building Code The Supervisor declared the hearing now in order, and there- upon, on motion by Councilman Brush, which was secondedby Councilman Cook, it was unanimously RESOLVED, that the public hearing be and it now is declared open. For the record, the Clerk then presented the affidavit of the publication of the notice of hearing, and the Attorney re- viewed the proposed amendments. The Supervisor inquired whether there was any question on any of the proposed amendments - and since no one wished to be heard either in favor of or in opposition to the sug- gested changes, it was unanimously on motion by Council- man Kane and seconded by Councilman Brush RESOLVED, that the hearing be and it now is declared closed. And thereupon, on motion by Councilwoman Helwig and seconded by Councilman Kane, the following resolution was adopted unan- imously; RESOLVED, that the Building Code of the Town of Ma- maroneck, adopted April 27th, 1937, is hereby amen- ded with respect to Article I, Section2, Subdivisions 1 and 12; and Article I, Section 4, Subdivisions 16 and 20, to read as follows: (,a) Article I, Section 2, Subdivision 1 is hereby amended to read as follows: The Town Board shall appoint a Building Inspector who shall be either an archi- tect, engineer, or a person who has qualified according to the Rules and Reg- ulations for Civil Service in the County of Westchester, (b) Article I, Section 2, Subdivision 12 is hereby amended to read as follows: He shall turn in all moneys he receives for permits and certificates to the Town Supervisor monthly, not later than the 5th day of the month following the re- ceipt of such fees, (c) Article I, Section 4, Subdivision 16 is hereby amended to read as follows: The Town Board or the Building Inspec- tor duly appointed may revoke any per- mit or approval issued under the provi- sions of this Chapter in the case of any false statement, or any misrepresenta- tion as to a material fact in the applica- tion on which the permit approval was based, or failure to comply with the provisions of this Ordinance, Building Zone Ordinance or other Ordinance or Statute of the State of New York, (d) Article I, Section 4, Subdivision 20 is hereby amended so as to add a new sentence at the end thereof to read as follows: No fee shall be required for building permits for the construction of fallout . shelter facilities complying with the provisions of the New York State De- fense Emergency Act and the Plan, Regulations and Orders of the State Civil Defense Commission promulgated thereunder, and be it FURTHER RESOLVED, that notice of adoption of this resolution shall be published and posted in accor- dance with law, OLD BUSINESS 1, Report on Bids - Drain, Old White Plains Road Councilman Kane reported that the bid of Lindine Construction Corp, was in order and the low bid, and therefore recom- mended its acceptance. Whereupon, on his motion, which was seconded by Councilman Brush, it was unanimously RESOLVED, that this Board hereby awards the con- tract for the construction of storm drain and appur- tenances - part IT in Old White Plains Road, Town of Mamaroneck, in accordance with the plans and specifications submitted with the bid proposal, to Lindine Construction Corp„ the low bidder, in the amount of $17, 558, 80; and be it FURTHER RESOLVED, that the Town Clerk be and he hereby is authorized and directed to so advise the successful bidder and return deposit checks ac- companying bids to the unsuccessful bidders, NEW BUSINESS (Not on Agenda) 1, Request for Installation of Street Lights, Hickory Grove Drive Following presentation of a petition signed by eight residents of Hickory Grove Drive East, Town, requesting the installa- tion of three street lights in this area, and a written report thereon submitted by the Engineer, Superintendent of High- ways and Chief of Police recommending the requested in- stallation, which were ordered received and filed herewith for the record, on motion by Councilman Kane and seconded by Councilwoman Helwig, it was unanimously RESOLVED, that the Superintendent of Highways be and he hereby is authorized to install three (3) street lights on poles #AZQ-5A, CA4-WA, and CA4-UA lo- cated on Hickory Grove Drive East, Town of Mamar- oneck, at a total cost of $330. 00; said sum to be paid from the Street Lighting District No, 1 budget for 1961, Z. Application for Water Main - Country Road, North of County Parkway Strip The Clerk presented an application by Joseph W. Gleicher Go. , for the installation of a water main in Country Road, North of the County Parkway Strip, which upon advice of the At- torney, was put over to the next meeting pending applicant's delivery of easements to the Town. 3. Acceptance of Country Road and Country Lane In accordance with a memorandum from the Engineer and Superintendent of Highways under today's date, and advice of the Attorney that all was in order for the acceptance of Country Road and Country Lane as Town streets or high- ways, on motion by Councilman Kane and seconded by Councilman Brush, the following resolution was adopted unanimously; WHEREAS, the Superintendent of Highways and the Town Engineer have inspected Country Road and Country Lane, constructed in accordance with Town specifications, and recommend acceptance as, Town streets or highways; NOW, THEREFORE, BE IT RESOLVED, that the Town of Mamaroneck hereby accepts as Town streets or highways that portion of the streets known as Country Road and Country Lane described below: All that certain piece or parcel of land known as Country Road as shown on Map for Section No. 1, Glen Rock Estates, Town of Mamaro- neck, Westchester County, N. Y. , made by Ralph Cronquist, Surveyor, and filed in the County Clerk's Office (Division of Land Rec- ordgj March 5, 1954 as Map No. 8887, also part of Country Road as shown on Subdivision Map for Sections 2 and 3, Glen Rock Estates, Town of Mamaroneck, Westchester County, N. Y. , made by Ralph Cronquist, Surveyor, April 23, 1954 and filed in the County Clerk's Office (Division of Land Records) as Map No. 9103, said part of Country Road being all in Section 2 as shown on above mentioned map, bounded on the south by Subdivision of Glen Rock Estates Section No. 1 and on the north by the southerly boundary line of land of the Cross County Parkway. Also, All that cer- tain piece or parcel of land known as Country Lane as shown on Subdivision of lots 6 and 7, Se Section Two, Glen Rock Estates, Town of Mamaroneck, Westchester County, N.Y. , made by Thomas J. McEvoy, Surveyor, Sep- tember 17, 1958, and filed in the County Clerk's Office (Division of Land Records) July 7, 1959, as Map No. 12046. and be it FURTHER RESOLVED, that the Superintendent of Highways of the Town of Mamaroneck so indicates on his records, and that the said streets be shown on the Official Map of the Town of Mamaroneck, COMMUNICATIONS There were no communications to be presented, REPORTS The Town Clerk -- The Clerk presented the following reports, which were or- dered received and filed; Report of the Receiver of Taxes and Assessments for the month of October, 1961, Affidavit of publication of Registration Notice, The Supervisor The Supervisor stated that he had no report to present, Councilwoman Helwig -- 1. Gift of Tree - B. J. Santoro Councilwoman Helwig reported that Village Manager Santoro had presented a tree to the Town in memory of his mother and suggested that a dedication service be held, The Supervisor stated that, if it were the pleasure of the Board, Councilwoman Helwig arrange for such a ceremony and that he acknowledge the gift in the Board's behalf, It was so directed but with the suggestion that acknowledge- ment be held pending advice of the date for the dedication, Z. Dutch Elm Disease Survey Councilwoman Helwig reported that the Bureau of Agricul- ture and Markets had granted the Town immunity in con- ducting the survey, and so that the Town could proceed at once, in accordance with the Park Department Foreman's recommendation, requested the Board to authorize ap- pointment of Ralph Robins as liaison to the State's repre- sentatives, Whereupon, on motion by her and seconded by Councilman Kane, it was unanimously RESOLVED, that Ralph Robins be and he 'hereby is appointed liaison representative to the State in the conduct of the dutch elm disease survey in the Town of Mamaroneck. 3. Tour of County Lands Councilwoman Helwig reported on the tour of the County properties conducted last Friday and announced that ad- ditional tours would be conducted in the near future. 4. Meeting with Chairman of Thruway Authority Councilwoman Helwig reported in some detail on the meet- ing in New York City with Mr. Bixby, Chairman of the Thruway Authority. She stated that Senator Meighan, As- semblyman Gioffre, Mr. Santoro and she had felt that Mr. Bixby was cooperative in general and that she was for- warding to him a memorandum as to the various studies being made by the Noise Abatement Committee in accor- dance with his request. Councilman Kane -- 1. Depositing of Leaves In accordance with the Highway Superintendent's request, Councilman Kane reminded residents to deposit leaves between the sidewalk and curb to facilitate collection. Z. Request for Sewer and Water Extensions - William Gunn Although the Town would have no power to act in the matter of an informal request for sewer and water extensions in Old White Plains Road from the Town-Village line since the Village had not carried the mains to that line, Council- man Kane brought the matter to the Board's attention for the purposes of the record. 3. Signalization - New Harmon Drive and Weaver Street In connection with the above matter previously before this Board, Councilman Kane advised that although the Traffic Director of the County favored the installation, there had been no change on the State's part - so that the request was still denied. He further stated that the Town was not giving up, how- ever, and that it would continue to pursue its efforts to have the State Traffic Commission act favorably in this matter. Councilman Brush -- Councilman Brush stated that he had no report other than that pertaining to Fire matters, Councilman Cook -- 1, Movie - Fallout Shelters, Civil Defense Program Councilman Cook announced that a movie was being shown upstairs on "Fallout Shelters" - and that all were welcome to attend, 2, Apportionments Councilman Cook presented the following petitions from the Assessor for the correction of the assessment roll so as to permit the apportionment of taxes, and on his motion, sec- onded by Councilman Brush, the following resolution was adopted unanimously: WHEREAS, the Assessor has presented petitions for the correction of the assessment roll for certain years pursuant to the provisions of Section 557, Ar- ticle 16 of the Westchester County Administrative Code, known as the Westchester County Tax Law; and -__ WHEREAS, after due consideration, this Boardfinds it desirable to grant said petitions for the correction of said assessment roll; NOW, THEREFORE, BE IT RESOLVED, that the assessment roll of 1961, taxes of 1962, which shows property now appearing on the roll as follows. Block Parcel Name Land Imp Total 132 175 Carmela Possidente $11, 800 $ 3, 500 $15, 300 be corrected as follows in accordance with the provi- sions of subdivision 5 of Section 557: Block Parcel Name Land Imp Total 132 175 Carmela Possidente 5, 900 3, 500 9, 400 132 643 Gaetano Acocella& W 5, 900 5, 900 and be it FURTHER RESOLVED, that the assessment roll of 1961, taxes of 1962, which shows property now ap- pearing on the roll as follows: Block Parcel Name Land Imp Total 831 272 Harry Crown 1, 000 5, 000 6, 000 be corrected as follows in accordance with the provi- sions of subdivision 5 of Section 557; Block Parcel Name Land Imp Total 831 272 Jack Berger $ 400 $ 1, 000 $ 1, 400 831 274 Harry Crown 600 4, 000 4, 600 and be it FURTHER RESOLVED, that the assessment roll of 1961, taxes of 1962, which shows property now ap- pearing on the roll as follows; Block Parcel Name Land Imp Total 801 265 Joseph Palmer & W 1, 300 1, 700 3, 000 be corrected as follows in accordance with the provi- sions of subdivision 5 of Section 557: Block Parcel Name Land Imp Total 801 265 Joseph Palmer & W 650 1, 700 Z, 350 801 270 Philip A. Salvatore & W 650 650 The Town Attorney -- 1. Ordinance for Control of Bowling Alleys - The Attorney recommended that the Clerk be authorized to publish the necessary notice for public hearing on the adoption of the proposed ordinance to control bowling alleys since the Board had approved the proposed draft of such or- dinance as submitted at the last meeting, and in accord with his suggestion since the next meeting would be the hearing on the 1962 budget, on recommendation by Councilman Brush and motion by him, seconded by Councilman Kane, 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, notice of public hearing to be held at the December 20th, 1961 meeting of this Board, at 8:15 p.m. in the Council Room of the Weaver Street Firehouse, Weaver Street, Town of Mamaroneck, to consider the adoption of an ordinance to control the operation of bowling alleys in the Town of Ma- maroneck. Z. Allpax Certiorari The Town Attorney reported that after conferring with the Village Manager and the Village Attorney of the Village of Mamaroneck, he considered it wise to retain another ex- pert to testify in the certiorari proceedings brought by Allpax Realty Co. Inc, against the Town because the property involved includes a large modern factory which has the characteristics of a specialty building and because the present expert, William G. Scott, had made an appraisal on the basis of the market value of the property based on comparable sales and capitalization of income. For this reason, the Town Attorney recommended that another expert be retained to appraise the build- ing on the basis of cost of reproduction, less depre- ciation, and recommended Kenneth L. Benta of White Plains, New York, as the expert who had been highly recommended by the Village Manager, B. J. Santoro. Mr. Benta's fee will be $500. 00, but since the Village has a similar certiorari proceeding pending, he stated that the Village was willing to ab- sorb half of this fee, and, therefore, he recom- mended that the Town appropriate the sum of $250. 00 to retain Mr. Benta. Whereupon, on motion by Councilman Brush and sec- onded by Councilman Gook, it was unanimously RESOLVED, that the Town retain Kenneth L. Benta in the certiorari proceedings now brought by Allpax Realty Go. Inc. against the Town, at a fee of $250. 00. 3. Zoning Violation - Tenner Property (Nursery) In connection with this matter carried over from the last meeting at the request of parties concerned, following a lengthy discussion during which Mrs. Leonard Tenner, wife of the owner of the property in question, Mr. Jesse Rothman, attorney representing neighboring property owners, of which he was one, Mr. Datino and Mr. Guar- iglia, tenants of the Tenners operating the present nur- sery on the subject premises, were heard, it was on motion by Councilman Cook and seconded by Councilman Kane, unanimously RESOLVED, that the Town Attorney be and he hereby is authorized to institute an action to enjoin the use of the Tenner property as a plant nursery, 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 15th, 1961. BOARD OF FIRE COMMISSIONERS The meeting of the Board of Fire Commissioners was con- vened immediately upon the 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, which was seconded by Commissioner Helwig, it was unanimously RESOLVED, that the following claims be and they hereby are approved, and the Comptroller and Supervisor be and they hereby are authorized to pay the same out of the budget for the Fire De- partment: Fred G. Erfot $ 65. 00 Jos. Galati & Sons 150. 00 Henigson's Lumber Co. 15, 25 Hi-Glow Venetian Blind Co. 45. 00 William B. Lemon 2.75 McGuire Bros. Inc. 12. 36 Mobil Oil Co, 64. 22 Myrtle Stationery 46. 95 N.Y. Telephone Co. 94. 60 Otto Plaue 570. 00 Post Lodge 1, 520.00 Walter D. Rickert 53. 25 State Liners Drum Corps 150. 00 — West. Jt. Water Works (hydrant) 10. 00 West. Jt. Water Works " 2, 580. 00 Total $5, 380. 02 Z. Reports Commissioner Brush presented the Fire Report for the month of October, 1961, which was ordered received and filed. 3. Communications There were no communications, 4. Other Business 1. New Lights - Council Room The Commission commended the Department on the new lights installed in the Council Room. 5, Adjournment There being no further business to come before the meeting, on motion duly made and seconded, it was declared adjourned at 9:20 p.m. , to reconvene on November 15th, 1961. T owxr ler