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HomeMy WebLinkAbout1965_01_20 Town Board Minutes MINUTES OF A REGULAR MEETING OF THE TOWN BOARD OF THE TOWN OF MAMARONECK, HELD JANUARY 20th, 1965, IN THE COUNCIL ROOM OF THE WEAVER STREET FIREHOUSE, WEAVER STREET, TOWN OF MAMARONECK. CALL TO ORDER In the Supervisor's absence, Deputy Supervisor Kane called the meeting to order at 8:15 p. m. ROLL CALL Present: Deputy Supervisor Kane Councilman Brush Councilwoman Helwig Councilman Quadrine Absent: Supervisor Burchell Also Present: Mr. Gronberg - Town Clerk Mr. Johnston - Town Attorney Mrs. Brewer - Deputy Clerk Mr. Altieri - Comptroller Mr. Kellogg - Town Engineer APPROVAL OF MINUTES The minutes of the regular meetings of December 9th and 23d, 1964 were presented, and on motion duly made and sec- onded, the minutes of December 9th were approved as sub- mitted and the minutes of December 23rd approved as cor- rected. PUBLIC HEARING - Rezoning of the "Novak" property On motion by Councilman Brush, seconded by Council- woman Helwig, it was unanimously RESOLVED, that the public hearing be and it hereby is declared open. The Clerk presented the affidavit of publication of the notice of hearing together with a letter opposing the proposed rezon- ing presented at this time and signed by Mr. and Mrs. Otto Scheuble , owners of property at #3 and #25 Rock Ridge Road, and Mrs. Helen C Bragdon of #4 Rock Ridge Road, which was herewith ordered received and filed for the record. At the Deputy Supervisor's request, the Attorney then ex- plained that the hearing was brought about by the decision of Mr. Justice John J. Dillon in the matter entitled, "Novak v. Burchell". For informational purposes, he also presented a brief summarization of the highlights of said decision, which -1- he concluded with the recommendation that the Board there- fore entertain the motion for the proposed rezoning. The Deputy Supervisor then inquired whether anyone present wished to address the Board either in favor of or in opposition to the proposed rezoning, whereupon the following persons were heard: In favor: Mrs. Ray Ellis - 4 Eagle Knolls Road, Town Mr. Edward P. Tanenbaum - Attorney for Mr. Novak Mr. Murray Fuerst - Fuerst & Tanenbaum, New Rochelle In opposition: Mr. Hayden Smith - 8 Lafayette Road, Town (Speaking for The Hommocks Study Committee) Letter from Otto Scheuble - 3 Rockridge Road, Town And thereupon since no one else wished to be heard, on motion by Councilman Brush, seconded by Councilman Quadrine, it was unanimously RESOLVED, that the public hearing be and it here- by is declared closed. Whereupon, following the Attorney's assertion in reply to question, that if an appeal were taken, it could only be taken on the record submitted with no new evidence introduced, and further that in view of the decision, the subject property was presently virtually unzoned, since the Board signified that it was ready for the question, the following resolution was offered on motion by Councilman Brush, seconded by Councilman Quadrine, to-wit: RESOLVED, that the Zoning Ordinance of the Town of Mamaroneck, adopted June 29, 1959 and there- after amended, together with the Map which forms a part of such Ordinance, is hereby further amen- ded so as to show that the following described property is in a B - Business District - instead of an R-7. 5 Residence District. Description: All that property which is bounded and described as follows: BEGINNING at a point in the southwesterly line of Hommocks Road, which point is located south 57° 02' 00" east and along said southwes- terly line of Hommocks Road, a distance of 100. 31 feet from the intersection of said line with the southeasterly line of the Boston Post Road; thence around the parcel herein des- - cribed the following courses: south 27° 02' 00" east and continuing along the southwesterly line of Hommocks Road, a distance of 199. 69 feet -2- --- j _ LANDS OF TOWN OF M4MARONECK I YA m� m ➢ U w u Me..,. �o `� � p o < u D Lauds Or 2uor A/o rAK p roY m V� L4I/05 OF O R(/DY NO VAK '1 1 us/1111 D/sr C'� Ex/sr"q (3) A LlM ITS OF,e EZO/JED Ce) 8 0 611/1155 D/sr O AaA 1 w o n m c o b n w m \ u 62'93-00'w p p y 0 N D p /00.00' p tm U A o — Y --,00 31'-/003/• —_ mnN 0 t 561.. to m 9s- D nn R N 5� .o2:00" ,� w pGK.S /COQ o'W NO m /� Ap I to a point; thence south 37° 27' 00" west and along the division line between lands of Novak and lands of the Town of Mamaroneck, a dis- tance of 153. 30 feet to a point; thence north 46° 51 ' 00" west and along another division line between lands of Novak and lands of the Town of Mamaroneck, a distance of 200. 06 feet to a point; thence north 37° 27' 00" east and along a line through the lands of Novak which is parallel to the Boston Post Road and is set back 100. 00 feet measured at right angles from said Post Road, a distance of 117. 82 feet to the southwesterly line of Horn- mocks Road, and the point or place of be- ginning. and be it further RESOLVED, that the Town Clerk be and he hereby is authorized to publish in the official newspaper of the Town of Mamaroneck, The Daily Times, notice of the adoption of this resolution and to post such notice on the bulletin board maintained by the Clerk at his office, 158 West Boston Post Road in the Village of Mamaroneck as provided by law. The vote on the foregoing resolution, upon roll call, was as follows: Councilman Kane VOTING Aye - Councilman Brush VOTING Aye Councilwoman Helwig VOTING No Councilman Quadrine VOTING Aye The resolution was therefore declared duly adopted. OLD BUSINESS There was no old business to come before the meeting. NEW BUSINESS a. Authorization of Westchester Shore Humane Society Contracts for 1965 Upon presentation and in accord with the Attorney's recommendation, on motion by Councilman Brush, seconded by Councilwoman Helwig, it was unanimously RESOLVED, that the Supervisor be and he hereby is authorized to execute two contracts between the Westchester Shore Humane Society, Inc. and _._ the Town of Mamaroneck for the year 1965 in the amounts of $2090. 00 and $6, 361. 44 as provided in the 1965 annual budget or estimate.. -3- b. Transfer of Funds Pursuant to memorandum of the Comptroller herewith presented and filed, on motion by Councilwoman Helwig, seconded by Councilman Brush, it was unanimously RESOLVED, that this Board hereby authorizes the following transfer of funds: From: Item III, Highway $1800. 00 To: Item IV, Highway 1800. 00 c. Resignation - Part-time Senior Engineering Aid Pursuant to letter addressed to the Supervisor by William Paonessa under date of January 19, 1965, and herewith presented and filed, on motion by Councilman Brush, seconded by Councilwoman Helwig, it was unanimously RESOLVED, that this Board hereby accepts the resignation of William Paonessa as Senior En- gineering Aid of the Town of Mamaroneck, ef- fective January 1, 1965; and be it further RESOLVED, that the New York Department of Civil Service be notified accordingly so that personnel record will show full time employ- ment of Mr. Paonessa as Building and Plumbing Inspector of the Town of Mamaroneck, Grade 2. COMMUNICATIONS a. Communication from Herbert B. Turner County Department of Public Works Upon presentation of communication dated January 4, 1965, signed by Herbert B. Turner, Permit Agent, Westchester County Department of Public Works, here- with presented and filed, on motion by Councilwoman Helwig, seconded by Councilman Quadrine, the follow- ing resolution was adopted by unanimous vote of the Board: WHEREAS, pursuant to the provisions of Chapter 605 of the Laws of 1941, revised as of June 5, 1961, the Commissioner of Public Works of Westchester -- County with the approval of the Board of Supervi- sors and the County Executive of Westchester, has prescribed rules, regulations, safeguards, speci- fications and conditions for the protection, recon- struction, maintenance, or restoration of any -4- such County Road or portion thereof, and WHEREAS, the said rules and regulations require any person, firm, corporation, improvement dis- trict, or municipality doing any work upon any County Road to obtain a written permit from the Commissioner of Public Works and to deposit a certified check made payable to the order of the County of Westchester in an amount computed by the extent of the proposed work, and WHEREAS, the said rules and regulations provide that any city, village, town, public improvement district, or other municipality may, in lieu of mak- ing the said mentioned deposit, file with the Com- missioner of Public Works a certified copy of a resolution duly adopted by the Governing Board of such municipality guaranteeing faithful perfor- mance by the said municipality of all the terms, covenants and conditions as set forth in the permit, which resolution shall be effective for permits issued during the remainder of the calendar year after adoption, and WHEREAS, the Town of Mamaroneck, from time to time, is required to do work within the County Road area for which a written permit from the Com- missioner of Public Works of Westchester County is required, and for which a certified check deposit is required, NOW, THEREFORE, BE IT RESOLVED, that the Town of Mamaroneck does hereby guarantee faithful performance of all the terms, agreements, covenants and conditions of each and every written permit as referred to herein issued by the Commissioner of Public Works of Westchester County and that this guarantee of faith- ', ful performance shall be applicable to all such written permits issued during the present calendar year, January 1, 1965 to December 31, 1965. b. Acknowledgment of Certification (Suburban Town) For the Board's information, the Clerk presented a letter addressed to him by the New York State Depart- ', ment of State under date of January 6, 1965, acknow- ledging receipt of certification of the Town of Mamaro- neck becomming a Suburban Town as of January 1, 1965, which was ordered received and filed. c. Letter from State Traffic Commission (Establishment of Spee d Limits) -5- F n 3.d The Clerk presented a letter addressed to the Board by Lloyd A. Maeder, Chief Traffic Engineer of the New York State Traffic Commission, dated January 6, 1965, stating that the Town, as a Suburban Town, now has the authority to establish speed limits on town high- ways and county roads within the town and requesting advice of the Town's action with regard thereto, which was referred to the Attorney. The Attorney advised that the Town would avail itself of the provisions providing for such establishment of speed limits under local law which requires a public hearing, and requested that a date therefor be fixed and publication of notice thereof be authorized. Whereupon, on motion by Councilman Brush, seconded by Councilman Quadrine, it was unanimously RESOLVED, that a public hearing be held before this Board at its regular meeting on Wednesday evening, February 17, 1965, at 8:15 p. m. , in the Council Room of the Weaver Street Firehouse, Weaver Street, Town of Mamaroneck, for the purpose of establishing speed limits on town high- ways and county roads within the Town under local law; and be it further RESOLVED, that in accordance with law, the Town Clerk be and he hereby is authorized to pub- lish notice of such hearing in the official news- paper of the Town of Mamaroneck, The Daily Times. d. Notice of Zoning Board Meeting Village of Larchmont The Clerk presented a notice of meeting of the Zoning Board of Appeals of the Village of Larchmont this even- ing which had been referred to the Attorney, and upon his advice of requiring no action, was herewith ordered received and filed. e. Letter from County Board of Elections Re: Changing Election Districts - Reapportionment) The Clerk presented a letter addressed to the Board by the Commissioners of the County Board of Elections under date of January 7, 1965, requesting that no changes be made in Election Districts in view of present pro- -- posed reapportionment at this time, which the Board or- dered received and filed with the Clerk directed to reply thereto assurring the Board of Elections accordingly. -6- f. Letter from Westchester Council of Social Agencies, Inc. - 1965 Legislative Forum For informational purposes, the Clerk presented a letter addressed to the Supervisor by Mrs. George J. Ames of the Westchester Council of Social Agencies, Inc. under date of January 5, 1965, inviting the mem- bers of the Board and staff to attend and participate in the 1965 Legislative Forum and requesting the ap- pointment of one or two official delegates thereto. Upon Councilwoman Helwig's advice that she reg- ularly attended these Forums, she was designated by unanimous consent of the Board to officially represent the Town at this year's Forum. REPORTS The Town Clerk -- The Clerk presented the following reports which were ordered received and filed: Report of the Westchester Shore Humane Society, Inc. for the month of December, 1964. Report of the Town Clerk for the month of Decem- her, 1964. Affidavits of publication and posting of resolution amending the Zoning Ordinance of the Town of Mamaroneck - Section 554: Fee for Advertising Hearing. The Deputy Supervisor -- 1) Letter from Dr. John K. Deegan The Deputy Supervisor presented a letter addressed to the Supervisor by Dr. Deegan in acknowledgment of the resolution adopted by this Board and forwarded to the family In Memoriam to Msgr. Deegan with the Board's deepest sympathy and condolences, which was ordered received and filed. 2) Water Works Case The Deputy Supervisor advised the Board that an appeal would be taken in the action of the Westches- ter Joint Water Works v. Town of Mamaroneck. Councilwoman Helwig -- 1) Reimbursement - Patrick T. Leddy -7- Pursuant to memorandum of the Comptroller, dated January 18, 1965, herewith presented and filed, on motion by Councilwoman Helwig, seconded by Council- man Quadrine, it was unanimously - RESOLVED, that this Board hereby authorizes payment of the sum of $200. 00 from General Town Miscellaneous, Item #511 entitled, "Shel- drake River Project", in the 1965 budget, to Patrick T. Leddy, member of the Town of Ma- maroneck Highway staff, designated as Foreman of the Sheldrake Project; said sum being addi- tional compensation for extra services per- formed as Foreman of the Sheldrake River Pro- ', ject in addition to his regular duties in the Highway Department. 2. Reappointment - Members of Conservation Advisory Committee Upon Councilwoman Helwig's advice that the terms of office of the members of the Conservation Advisory Com- mittee terminated December 31 last and following com- mendation and tribute to each for his fine work on this Committee, on motion by her and seconded by Councilman Quadrine, it was unanimously RESOLVED, that the following persons are hereby reappointed as members of the Conservation Ad- visory Committee, to serve for a term of office effective as of January 1, 1965 and terminating December 31, 1965: Mr. Ranald D. Sclater, Chairman Mr. Raymond P. Faiola Mrs. James G. Johnson, Jr. Mrs. Edward Munzer Mr. Alan D. Reep, Teacher Representative and Councilwoman Helwig - Liaison 3. Proposal for Use of Town-owned Property between Revere Road and the Thruway For the Board's information and consideration, Council- woman Helwig presented a letter addressed to her by Mrs. Harold Bloch, Adviser to Troop 72 - Girl Scouts - dated January 13, 1965, submitting in accordance with suggestions by Mr. Clifford Emmanuelson, Conservation Consultant, a plan for the use of the triangular piece of Town-owned property between Revere Road and the New England Thruway and outlining in detail the work pro- - posed to be performed, which was herewith ordered re- ceived and filed for the record. Following some discussion and question of insurance coverage raised by Councilman Quadrine, the Board dir- -8- ected Councilwoman Helwig to refer the matter to the Conservation Advisory Committee for its recommen- dations and approval after clearing the matter of in- surance with the Town's agent. 4. Thruway Noise Abatement Adoption of Resolution for Presentation at Annual Meeting - Association of Towns In accord with Councilwoman Helwig's request and on her motion, seconded by Councilman Quadrine, the fol- lowing resolution was adopted by unanimous vote of the Board to be presented at the Annual Meeting of the Asso- ciation of Towns in New York City, February 8 - 10, 1965: WHEREAS, many of the populated areas of villages, cities, and towns of our state are adjacent to heavily travelled highways, interstate routes, and thruways, which are used by trucks, tractor-trailers and other heavy highway equipment which produce loud noises constituting a substantial nuisance to the residents of these municipalities, and WHEREAS, there is a need for the establishment of a state-wide standard that will enable state and lo- cal authorities to accomplish the elimination of these excessive and unnecessary traffic noises wherever such action is needed, NOW, THEREFORE, BE IT RESOLVED, that this Board hereby urges the amend- ment of the Vehicle and Traffic Law to establish mea- sureable and enforceable noise limits and a method of measurement of noise to enable equitable enforcement thereof; and be it further RESOLVED, that this Board hereby requests the As- sociation of Towns to presentthis resolution at its Annual Meeting, to be held in New York City Febru- ary 8 - 10, 1965, and to support legislation that will accomplish the aforesaid results. Councilman Kane -- 1. Larchmont Station Underpass (Memo from Engineer) For the Board's information, Councilman Kane pre- sented a memorandum addressed to the Board by the Engineer reporting on the condition and maintenance of the Station underpass and certain dislodged rip- ', rap under the north abutment of the parking plaza -9- ramp, which was herewith ordered received and filed for the record, Z. Proposal to Eliminate County-owned Shadow Lane Sewage Pumping Station Pursuant to memoranda of the Town Engineer, dated January 7, 1965 and December 7, 1964, herewith presented by Councilman Kane and or- dered received and filed, following the Attorney's advice that the draft of the proposed agreement as submitted was in order, on motion by Council- man Quadrine, seconded by Councilwoman Helwig, it was unanimously RESOLVED, that this Board hereby approves in substance a proposed draft of an agreement between the County of Westchester, the Vil- lage of Larchmont and the Town of Mamaro- neck for the elimination of the County-owned Shadow Lane Sewage Pumping Station located in the Town of Mamaroneck. Councilman Brush -- 1. Expense Authorizations Police Department Pursuant to memoranda of the Police Chief, dated January 13 and 18, 1965, herewith presented by Councilman Brush and ordered received and filed, on his motion, seconded by Councilman Quadrine, it was unanimously RESOLVED, that this Board hereby authorizes payment of the following expenditures from the proper item in the 1965 Police Department budget: a) Not to exceed the sum of $10. 00 to cover the expenses of Lt. Mancusi while attend- ing the two-day school on Riot Control, conducted by the FBI at Camp Smith, Peekskill, New York, January 19 and 20, 1965. b) Not to exceed the sum of $35. 00 to cover the expenses of Lt. Waterbury while at- tending the Annual Meeting of the Asso- ciation of Towns in New York City, Feb- ruary 8 - 10, 1965. 2. New Haven Railroad Councilman Brush reported on the several meetings attended by Councilman Quadrine and himself with -10- reference to the New Haven and reviewed briefly the situation to date as so well covered in the press, calling attention to the February 4 hearing before Judge Robert P. Anderson, United States District Court in New Haven, Conn. , recorn- mending that a resolution be adopted at this time urging the continuance of the operation of the railroad, for presentation at the said hearing. Whereupon, on his motion, the following reso- lution was unanimously seconded and adopted, and the Clerk directed to forward certified copy there- of for presentation at the February 4 hearing: WHEREAS, it has been announced that the New York, New Haven and Hartford Railroad pro- poses to further curtail present passenger ser- vice in certain portions of Westchester County and to discontinue service entirely in other areas; and WHEREAS, such curtailment and discontinu- ance of commuter service would seriously de- press property values and damage the general economy of this section of the County; and WHEREAS, this Board strongly opposes any further curtailment of service in Westchester County where thousands of residents vitally depend upon the continued operation of the railroad; - NOW, THEREFORE, BE IT RESOLVED, that this Board urgently requests His Excellency, Governor Rockefeller, and the leaders and members of the New York State Legislature to enact such legislation as may be necessary to continue the railroad's operation - in order to effect relief essential to the thous- ands of Westchester County residents depen- dent upon this railroad for transportation, and to maintain the economy of the whole of the eastern section of the County. and be it further RESOLVED, that certified copies of this resolu- tion be forwarded to the United States District Court in New Haven, Conn. , His Excellency, Governor Rockefeller, Senator Max Berking, --. and Assemblyman Anthony Gioffre. Councilman Quadrine -- 1. Apportionment -11- Councilman Quadrine presented for approval the following petition from the Assessor re- questing correction of the assessment roll so as to permit the apportionment of taxes, and there- upon on his motion, seconded by Councilwoman Helwig, the following resolution was adopted by unanimous vote of the Board: 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 Administrative 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 1964, taxes of 1965, which shows property now ap- pearing on the roll as follows: Block Parcel Name Land Imp Total 810 50 Markham F Rollins Jr. $2, 000 $6, 200 $8, 200 & W be corrected as follows in accordance with the provisions of subdivision 5 of Section 557: Block Parcel Name Land Imp Total 810 50 Joel Hasen 1, 500 6, 200 7, 700 810 57 Louis H Diamond & W 500 500 The Town Attorney -- 1. Salem Drive With reference to the completion of Sal em Drive, the Attorney, after briefly recounting the history of the matter, reported on the meeting of the Super- visor and himself with the bonding company, and recommended in accord with advice received at said meeting, that the Town complete the necessary work, keeping an accurate account of the costs thereof for submission to said bonding company upon the street's completion. Whereupon, on motion by Councilwoman Helwig, seconded by Councilman Quadrine, it was unanimously RESOLVED, that the Superintendent of Highways and the Town Engineer be and they hereby are -12- authorized to take such steps as necessary to complete the improvement of Salem Drive, keeping a complete and accurate record of all costs thereof. 2. Guadagnola Property The Attorney reported that Councilman Kane and he were checking certain violations on the subject — property and would report further thereon at the next meeting of the Board. ADJOURNMENT There being no further business to come before the meet- ing, on motion duly made and seconded, it was declared ad- journed at 9:30 p. m. , to reconvene on February 3, 1965. 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 Upon presentation of the following claims, on motion by Commissioner Brush and seconded by Commissioner Quadrine, it was unanimously RESOLVED, that the following Fire Department claims, which have been audited by the Comp- troller and approved by the Fire Chief, be and they hereby are approved, and the Supervisor and Comptroller be and they hereby are author- ized to pay the same out of the 1965 Fire De- partment budget: Chatsworth Oil $ 137. 70 Con Edison 5. 00 Con Edison 68. 09 Malz & Grace 25. 00 The Mulwitz Company 35. 68 New York Telephone Co. 7. 43 New Rochelle Water Co. 60, 00 Robert's 19. 80 Sound Tire & Supply Co. 131. 40 West. Jt. Water Works (1965) 2, 650. 00 William B. Lemon (1965) 510. 00 Total $3, 650. 10 2. Reports There were no reports to be presented. -13- t., a 3. Communications 1. Letter from Fire Department (Election of Officers) Pursuant to letter addressed to Commissioner Brush under date of January 19, 1965, reciting the officers elected at the thirty-second annual company meeting, herewith presented and or- dered received and filed, on motion by Commis- sioner Brush, seconded by Commissioner Hel- wig, it was unanimously RESOLVED, that this Commission hereby approves the election of the following company officers to the following offices for the year 1965: Engine Company #1 Salvatore Porretto, Captain Leo Aptekar, First Lieutenant Peter R. Perciasepe Jr. , Second Lieutenant Anthony Saporito, Warden for Two Years Leo Aptekar, Secretary Dominic P. Librandi, Sergeant-at-Arms Engine Company #2 E. Vincent Sergi, Captain Thomas G. Carino, First Lieutenant Louis A. Felice, Second Lieutenant Joseph V. Santoro, Warden for Two Years George E. Mills, III, Secretary Carl J. Carpino Jr. , Sergeant-at-Arms Truck Company #1 L. Douglas Fletcher, Captain Frank Claps, First Lieutenant Norman Wilson, Second Lieutenant Santo J. Felice, Warden for Two Years Augustus R. Funck, Secretary Charles Conte, Sergeant-at-Arms Patrol Company #1 Thomas J. Francella, Captain Louis Francella, First Lieutenant Nicholas F. Mazzeo, Second Lieutenant Daniel Colombo, Warden for Two Years Arthur M. Brown, Secretary Elwin C. Kimmey, Sergeant-at-Arms Z. Letter to Attorney - Insurance With reference to the matter of insurance for volunteer firemen, the Attorney presented for the Commission's information, copy of a letter ad- dressed to him by John M. Coughlin, President of the Coughlin-Larchmont Agency, Inc. , which was herewith ordered received and filed for the record. -14- 4. Other Business 1. Thank-you from Recreation Commission Commissioner Helwig expressed to the Fire De- partment the Recreation Commission's thanks for its assistance with the spraying of the ice at Me- morial Park. -- 2. The Fire Chief -- The Chief thanked the Commission for its approval of the company officers elected for the year 1965. 5. Adjournment There being no further business to come before the meeting, on motion duly made and seconded, it was de- clared adjourned at 9:35 p. m. , to reconvene on Feb- ruary 3, 1965. T' wn Grlerk -15-