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HomeMy WebLinkAbout1964_10_21 Town Board Minutes MINUTES OF A REGULAR MEETING OF THE TOWN BOARD OF THE TOWN OF MAMARONECK, HELD OCTOBER 21st, 1964, 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 Quadrine Absent: None Also Present: Mr. Gronberg - Town Clerk Mr. Johnston - Town Attorney Mrs. Brewer - Secretary Mr. Altieri - Comptroller Mr. Kellogg - Town Engineer APPROVAL OF MINUTES The minutes of the regular meeting of October 7, 1964, on motion duly made and seconded, were approved as sub- mitted. OLD BUSINESS a. Hearing on Petition for Revocation of Swimming Pool Permit at 77 Cooper Lane, Town (Presentation of Letters and a Petition in Favor of the Pool) The Supervisor presented the petition previously sub- mitted at the August 5, 1964 Town Board meeting by ' Jerome N. Wanshel, attorney for Mrs. Leland Ross and Mr. and Mrs. C. Travis Brown of #62 and #68 Coo- per Lane, Town, respectively, requesting the Board to rescind the permit granted on October 4, 1961, to Dr. Valerio Pasqua for the construction of a swimming pool on his premises located at 77 Cooper Lane, Town, to- gether with a report of the Building Inspector written and submitted in reply to a communication directed to him (with copy to this Board) by Mr. Wanshel under date of August 11, 1964. This matter, the Supervisor stated, had been deferred to this date at Mr. Wanshel's request at the August 5th meeting. The Supervisor then recognized Mr. Wanshel who presented on behalf of his clients, a written Statement (including photographic exhibits #1 - #18), which was herewith ordered received and filed as part of the record of this meeting. -1- Mr. William Brill, attorney for the owner of the pool, upon recognition by the Chair, then addressed the Board requesting that he be given time to examine the State- ment just presented since he had not had prior oppor- tunity to do so. He then presented an oral statement, as a part of which he requested that the eleven letters and a petition addressed to the Board by neighboring property owners favoring the pool and strongly urging that the permit not be revoked, be read and received as a part of the offi- cial record of this hearing. Upon the Supervisor ascer- taining that all of the communications referred to were written in favor of the pool, it was directed that the names and addresses of the writers be listed and the communications be received and filed as requested by Mr. Brill. The names and addresses of those writing letters were: - Gerard P. Murphy - 37 Cooper Lane Albert Giordano, Jr. - 12 " Mrs. George W. Groh - 30 " Rosemarie P. Quadrini - 21 It (Mrs. Joseph) Ernest Holzberg - 45 " Bernard S. Miller - 60 " Ann King Gunsalus - 100 Hickory Grove Dr. W James R. Gunsalus Anne L. Kelleher - 108 Hiclory Grove Drive Patrick B. Kelleher Dr. & Mrs. Burton D. Cohen - 61 Cooper Lane Mary D. Farrell - 79 " Kegham Keuroghlian - 2 Lakeside Drive Further, it was noted for the record that the petition carried in addition to the signatures of those writing let- ters, the following names and addresses: George Groh - 30 Cooper Lane Albert Greiner - 40 IT Joseph Quadrini - 21 it Betty C. Miller - 60 " Marian D'Elia - 33 " Gregory M. Abbott - 32 " Christine B. Abbott - 32 " Mrs. Frank Casciaro - 28 " Grace Farrell - 79 " The Supervisor then inquired whether anyone else wished to be heard - whereupon, Dr. Valerio Pasqua, owner of the pool, addressed a strong plea in his own behalf to the members of the Board. And thereupon, after some discussion of various points raised by the attorneys for both the petitioners and the respondent, the Board, by common consent, directed that the matter be taken under advisement and that decision -2- deferred, and copy of the prepared Statement herewith submitted by the attorney for the petitioners be fur- nished to Mr. Brill, attorney for the respondent, in ac- cordance with his request. b. Report on Highway Department Bids for: 1. Spreader and Leaf Loader Pursuant to memorandum of the Highway Superin- tendent, dated October 19, 1964, herewith presented and filed, on motion by Councilman Kane, seconded by Councilwoman Helwig, the following resolution was adopted by unanimous vote of the Board with all members present and voting: WHEREAS, the Town Superintendent of Highways did, on the 19th day of October, 1964, duly rec- ommend the purchase of certain equipment pur- suant to the provisions of Section 142 of the Highway Law, NOW, THEREFORE, BE IT RESOLVED, that pursuant to Section 142 of the Highway Law the Town Superintendent of Highways is hereby authorized to purchase, in accordance with the provisions of Article 5-A of the General Municipal Law, with the approval of the County Superintendent of Highways, the following: One (1) Tarrant Highlander Model No. HLG-9 Material Spreader for a maximum price of $2, 867. 00; and One (1) Tarrant Model No. Leaf King LK-2 Leaf Loader for a maximum price of $3, 349. 00; both to be purchased from the H. O. Penn Machinery Co. , Inc., and to be equipped and delivered in ac- cordance with the specifications published in the notice for bids. NEW BUSINESS a. Application of Ciro LaBarbera for Special Permit to Allow Extension to Building at 434 Boston Post Road (Appeal for Reversal of Building Inspector's Denial) Upon presentation of the application of Ciro LaBarbera for a special permit to allow the construction of an addi- tion at the rear of the present car wash building on prem- ises located at the corner of Van Gilder Street and Bos- ton Post Road - (Block 503, Parcel 326), so as to per- mit the installation of automatic car washing equipment in the present and new extension of said building, to- gether with a copy of the Building Inspector's denial of said application, on motion by Councilman Brush, -3- seconded by Councilwoman Helwig, it was unanimously RESOLVED, that in accordance with Section 432 of the Zoning Ordinance of the Town of Mamaro- neck, the application of Ciro LaBarbera to allow extension of the present existing car wash build- ing at the rear of said building on property known as Block 503 - Parcel 326, be and it hereby is re- ferred to the Planning Board of the Town of Ma- maroneck for study and report to this Board; and be it further RESOLVED, that this Board hereby requests, pursuant to Section 274 of the Town Law, that the Planning Board submit such report to this Board prior to its next meeting, to be held on Wednesday evening, November 4, 1964. At this time, Mr. Brill who was attending the meeting, in- formed the Board that he was the attorney for the applicant, Mr. LaBarbera, and requested that he be kept advised in this matter, which was so directed. b. Authorization of Contracts for Snow Control on: 1. State Highways Pursuant to communication of the Westchester County Commissioner of Public Works, dated October 6, 1964, and herewith presented and ordered received and filed for the record, on motion by Councilman Kane and sec- onded by Councilman Brush, the following resolution was adopted by unanimous vote of the Board, all mem- bers thereof being present and voting: WHEREAS, Section 12 of the Highway Law, as amen- ded by Chapter 305 of the Laws of 1946, provides that if the removal of snow and ice from the State Highways is taken over by the County, the County can arrange with the Town Superintendents or Village Street Com- missioners of the various towns/villages in the County of Westchester and the villages therein for the re- moval of the snow and ice from such State Highways as are within their municipal boundaries and the en- tire cost of such work will be reimbursed by the State, and WHEREAS, the Town of Mamaroneck under date of November 8, 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 accor- dance with the provisions of Section 12 of the Highway Law as amended, and under date of October 16, 1963 extended the said contract for the season 1963 - 1964; NOW, THEREFORE, BE IT RESOLVED, that the Town of Mamaroneck extend the above mentioned contract with the County of West- -4- chester for an additional year, and be it further RESOLVED, that a certified copy of this resolu- tion be forwarded to the Westchester County Com- missioner of Public Works. 2. County Roads Pursuant to communication of the Administrative Assistant of the Westchester County Department of Public Works, dated October 13, 1964, and herewith presented and ordered received and filed for the rec- ord, on motion by Councilman Kane and seconded by Councilwoman Helwig, it was unanimously RESOLVED, that the Supervisor be and he here- by is authorized to sign the Agreement with the County of Westchester for the removal of snow and ice on County Roads within the unincorpor- ated area of the Town of Mamaroneck, at a flat rate of $300. 00 per mile for the 1964-1965 season. COMMUNICATIOivS a. Public Service Commission - Notice re Wilder Transportation, Inc. The Clerk presented a notice of hearing to be held by the Public Service Commission in the matter of Petition of Wilder Transportation, Inc. , which upon the Attorney's ad- vice that no action was required by this Board, was here- with ordered received and filed. REPORTS The Town Clerk -- The Clerk presented the following reports, which were or- dered received and filed: Report of the Westchester Shore Humane Society, Inc. for the month of September, 1964. Report of the Town Clerk for the month of September, 1964. State Commission of Correction report of inspection of the Town Lockup, dated August 4, 1964. Report of Receipts and Disbursements, Town of Mamaro- neck, for the period from January 1 - September 30, 1964. The Supervisor -- 1. Request for Authorization to Attend Two Conferences -5- Upon the Supervisor's request for authorization to attend two conferences, on motion by Councilman Kane, seconded by Councilman Quadrine, it was unanimously RESOLVED, that the Supervisor is hereby authorized to attend the 19th Annual Regional Plan Conference at the Statler Hilton Hotel in New York City on Novem- ber 9, 1964, and the 11th Annual Westchester Con- ference of Community Services, to be held at the Jewish Community Center, White Plains, on Novem- ber 10, 1964, with expenses not to exceed the sum of $15. 00 paid from the proper item in the 1964 budget of the Supervisor. 2. Application of Hory Chevrolet for License to Use Town Property At this time since Mr. Hory was present, the Supervisor with the consent of the Board, took up the matter of the application of Hory Chevrolet for a license to use certain Town-owned property adjoining the Hory premises. For the Board's consideration, the Attorney presented the appraisal of the subject property which had been ob- tained at the Board's direction, and a proposed license agreement which had been prepared by him and reviewed with the applicant. This agreement proposed that the property be leased at a rental of $115. 00 per month, and that it be subject to a 60-day rather than 30-day notice of cancellation in accord with the applicant's request. The Attorney also pointed out that the proposed agreement contained as a part thereof, a diagramatic sketch which defined the boundaries of the property to be leased to the applicant under the agreement. And therefore since the agreement as proposed met with the approval of the Board and the applicant, on motion by Councilwoman Helwig, seconded by Councilman Brush, it was unanimously RESOLVED, that the Supervisor be and he hereby is -- authorized and directed to execute on behalf of the Town of Mamaroneck a license agreement with Hory Chevrolet Co. , for the lease of the property defined on the diagramatic sketch contained in and forming a part of the said agreement, at a rental of $115. 00 per month. 3. Meeting re Citizens Youth Council and New Haven The Supervisor reported that the Board had met infor- mally with Dr. McGuire and Mrs. Mermey in the matter of the proposed formation of a Town-wide Citizens Youth Council, and with a Mr. Robert Schumaker, member of the Mount Vernon Citizens Advisory Committee for Com- munity Improvement, to hear a plan for the moderniza- tion of the New Haven Railroad. -6- Councilwoman Helwig -- 1. Dutch Elm Program Councilwoman Helwig reported that the "scouting" had now been completed and therefore requested that the Su- -- pervisor again apply to the Department of Agriculture and Markets for an extension of immunity for tree re- moval purposes, which the Board so directed. She further stated for the Board's information, that this year there were only 71 dead or diseased trees in contrast to 197 in 162 and 229 in '63. Z. Thruway Noise Abatement Committee Councilwoman Helwig presented for the Board's infor- mation and for the file, the program set-up for the Tire Noise Testing Program, to be conducted on the New England Thruway, October 26 through 29th, as described therein. She also presented for informational purposes, a letter addressed to her as Chairman of the Thruway Noise Abatement Committee, by Prof. Klinger of the Board of Trustees for Traffic Safety - Austrian Traffic Guard, which read as follows: "Mr. A. C. Doty Jr. was kind enough to let me have your address. He informed me that your institute has carried out investigations about the rolling noise created by passing cars. I should be very grateful for any pertinent literature you may have and perhaps some specific details from your findings. Thanking you in advance for your kind assistance, " Councilman Kane -- 1. Authorization of Personnel Change Pursuant to memorandum of the Comptroller under date of October 19, 1964, herewith presented by Councilman Kane and ordered received and filed, on his motion, sec- onded by Councilwoman Helwig, it was unanimously RESOLVED, that this Board hereby authorizes the employment of Derico Trolla as Sanitation Man to replace Peter Forti, terminated October 5, 1964, to be effective as of October 9, 1964, and to be compensated at the rate of $5, 305. 00 per annum. Councilman Brush -- 1. Appointment of Additional Police Lieutenant -7- , Pursuant to communication from the Board of Police Commissioners herewith presented by Councilman Brush and ordered filed for the record, on his motion, seconded by Councilwoman Helwig, it was unanimously RESOLVED, that this Board hereby authorizes that James Mancusi, appointed to the rank of Police Lieutenant to be effective as of October 22, 1964, be compensated at the rate of $8, 075. starting October 22, 1964. 2. Appointment of School Crossing Guard Pursuant to memorandum of the Police Chief, dated October 20, 1964, herewith presented by Councilman Brush and filed for the record, on his motion, sec- onded by Councilman Kane, it was unanimously RESOLVED, that this Board hereby authorizes that Mrs. Joan Muir, appointed as a School Crossing Guard of the Town of Mamaroneck, be compensated at the rate of $8. 00 per day commencing on October 22, 1964. Councilman Quadrine -- 1. Apportionments Councilman Quadrine presented the following petitions from the Assessor requesting correction of the assess- ment roll so as to permit the apportionment of taxes, -- and on his motion, seconded by Councilman Brush, the following resolution was adopted unanimously: WHEREAS, the Assessor has presented the follow- ', ing petitions for the correction of the assessment roll for certain years pursuant to the provisions of Section 557, Article 16 of the Westchester County Administrative Code, known as the Westchester County Tax Law; and WHEREAS, after due consideration, this Board finds it desirable to grant said petitions for the correction of said assessment roll: NOW, THEREFORE, BE IT RESOLVED, that the assessment roll of 1964, taxes of 1965, which shows property now appear- , ing on the roll as follows: Block Parcel Name Land Imp Total 811 150 Francis J Downing $ 1, 900 $ 8, 000 $ 9, 900 & or be corrected as follows in accordance with the provisions of subdivision 5 of Section 557: -8- Block Parcel Name Land Imp Total 811 150 Eric Holzer $ 900 $ $ 900 811 155 Francis J Downing 1, 000 8, 000 9, 000 & or and be it further RESOLVED, that the assessment roll of 1964, taxes of 1965, which shows property now ap- pearing on the roll as follows: Block Parcel Name Land Imp Total 812 493 Damon Finelli & W 2, 300 11, 500 13, 800 be corrected as follows in accordance with the provisions of subdivision 5 of Section 557: Block Parcel Name Land Imp Total 812 493 Damon Finelli & W 800 11, 500 12, 300 812 550 Village of Mamaroneck 1, 500 1, 500 The Town Attorney -- 1. Application of Flinn Motor Co. for License to Use Town Property The Attorney presented the application of Flinn Motor Co. for a license to use certain Town-owned property, together with the appraisal thereof which had been ob- tained at the Board's direction and a proposed license agreement which had been prepared by him and re- viewed with the applicant, proposing the lease of the property at a rental of $3. 50 per month. Whereupon, since the proposed agreement met with the approval of the Board and the applicant, on motion by Councilman Brush, seconded by Councilwoman Hel- wig, it was unanimously RESOLVED, that the Supervisor be and he hereby is authorized and directed to execute on behalf of the Town of Mamaroneck a license agreement with Flinn Motor Co. , for the lease of the property de- fined on the diagramatic sketch contained in and forming a part of the said agreement, at a rental of $3. 50 per month. 2. Extension of Bond Anticipation Note In accordance with the recommendation of the Attorney and Comptroller that the maturity date of the bond antici- pation note in the amount of $160, 000. 00 be extended for a period of six months, it was on motion by Councilman Kane, seconded by Councilwoman Helwig, unanimously -9- RESOLVED, that the Supervisor be and he hereby is authorized to extend the maturity date of the bond anticipation note in the amount of $160, 000. for a period of six (6) months, from November 3, 1964, to May 4, 1965. OTHER BUSINESS 1. Report of Engineer - Stairway Murray Avenue Bridge to Baldwin Avenue The Engineer presented a written report entitled, "Concrete Stairway Walls and Walks, Murray Avenue Bridge to Baldwin Avenue", which was herewith or- dered received and filed. 2. Incinerator Commission In accordance with the recommendation made at the last meeting of the Larchmont-Mamaroneck Joint Gar- bage Disposal Commission and herewith presented by the Supervisor, on motion by Councilwoman Helwig , seconded by Councilman Quadrine, it was unanimously RESOLVED, that this Board hereby authorizes Councilman Kane to act as a voting member of the Larchmont-Mamaroneck Joint Garbage Disposal Commission in the absence of Super- visor Burchell; and be it further RESOLVED, that a copy of this resolution be forwarded to Mayor Ryan of the Village of La r chmo nt. ADJOURNMENT There being no further business to come before the meeting, on motion duly made and seconded, it was declared adjourned at 9:35 p. m. , to reconvene on November 4, 1964. 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 for approval and au- thorization of payment the following claims, which had been audited by the Comptroller and approved by the Fire Chief, and thereupon on his motion, which was seconded by Commissioner Kane, it was unanimously -10- RESOLVED, that the following Fire Department claims be and they hereby are approved, and the Supervisor and Comptroller be and they hereby are authorized to pay the same out of the 1964 Fire Department budget: Atlantic Service Station $ 3. 00 R. G. Brewer, Inc. 44. 76 Con Edison 87. 61 Davids 22. 50 Excelsior Auto Repair 209. 49 & Machine Works Hory Chevrolet Co. 12. 80 William B. Lemon 61. 00 McGuire Bros. Inc. 5. 00 New York Telephone Co. 7. 43 Ward LaFrance Truck Corp. 57. 54 Total $ 511. 13 2. Reports There were no reports to be presented. 3. Communications There were no communications to be presented at this time. 4. Adjournment There being no further business to come before the meet- ing, on motion duly made and seconded, it was declared ad- journed at 9:40 p, m. , to reconvene on November 4, 1964. i ",`Tow Clerk -11-