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HomeMy WebLinkAbout1962_09_05 Town Board Minutes ® k-� MINUTES OF A REGULAR MEETING OF THE TOWN BOARD OF THE TOWN OF MAMARONECK, HELD SEPTEMBER 5th, 1962, 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 Presents Supervisor Burchell Councilman Kane Councilman Brush Councilwoman Helwig Councilman Cook Absent. None Also Present. Mr, Delius - Town Attorney Mrs. Brewer - Secretary Mr, Orsino - Receiver of Taxes Mr, Kellogg - Town Engineer Mr, Altieri - Town Accountant Mr. Paonessa - Building Inspector Mr. Schmidt - Fire Chief OLD BUSINESS 1, Report of Planning Board (Application for Rezoning - Rudolph Novak) In the matter of this application which had been referred to the Planning Board, the report of that Board dated August 7th and recommending no change in zoning, was presented and ordered received and filed for the record. In connection therewith, the Supervisor presented a letter, ad- dressed to him under date of September 4th by Edward P. Tanenbaum as attorney for Mr. Novak, requesting an audience before the Board at as early a date as possible. Whereupon, following discussion, it was directed that the mat- ter be put on the agenda for the September 19th meeting with Mr. Tanenbaum so advised and invited to be present at that time. It was also directed, in accordance with a suggestion offered by Mr, Laurence J. Sobel, Chairman of the Zoning Board of Appeals, that the Secretary write the members of both the Planning and Zoning Boards, informing them of the meeting and inviting them to attend at their pleasure, -1- 4 Z. Amendment of General Ordinances (Dog Control) The Supervisor presented the proposed amendment, explaining that a public hearing had been held thereon with decision re- served pending determination of certain questions raised by Judge Brewer, who had been on holiday at the time of hearing, The Attorney reported that the matters in question had been cleared with the Judge and recommended adoption of the ordi- nance as proposed at this time. Whereupon, following some further discussion during which Councilwoman Helwig again objected to the wording of Section 3 of Chapter V of the proposed ordinance, on motion by Coun- cilman Cook, seconded by Councilman Brush, the following resolution was offered: RESOLVED, that Chapter V of the General Ordi- nances of the Town of Mamaroneck, adopted Feb- ruary 7, 1937, as amended, is hereby repealed; further RESOLVED, that a new Chapter V of the General Ordinances of the Town of Mamaroneck is hereby adopted which reads as follows*.- CHAPTER V - ANIMALS Section 1 - No swine shall be kept in the Town of _ Mamaroneck. Section 2 - No person shall sell or keep at any place in the Town of Mamaroneck, any calves without a permit therefor, issued by the Town Board or otherwise than in accordance with the terms of said permit granted by the Town Board. Section 3 - The following shall apply to all ani- mals except cats or dogs; and to all fowl - (a) No animal, bird or fowl shall be allowed to run at large in the Town of Mamaroneck except upon the premises of the person who owns, keeps, harbors or otherwise has the care or custody of such animal or except upon the premises of another person with the knowledge and consent of such other person, (b) When a justice of the peace, upon written complaint and after a hearing upon due notice to each owner, custodian or person in charge of any --- animal, bird or fowl shall find the noise, damage, or injury to property made by such animal, bird or fowl, a public nuisance, such animal, bird or fowl shall be forthwith impounded at his direction unless the owner, custodian or person in charge shall give assurance satisfactory to such justice of the peace that such nuisance shall be forthwith -2- 1��1 R Eli w abated. If such assurance is violated, the animal, bird or fowl shall be forthwith impounded. Section 4 - Dogs, whether licensed or not, shallbe subject to the following restrictions - (a) No person owning or having the custody and control of a dog shall permit such dog to be at large in the Town of Mamaroneck, elsewhere than on the premises of the owner, except it be on the premises of another person with the knowledge and consent of such other person, (b) The owner or person having the custody and control of a dog, in the said Town of Mamaroneck, which is not on the premises of the 'owner or upon the premises of another person with the knowledge and consent of such person, shall control and re- strain such a dog by a leash, (.c) The fact that a dog is at large in the Town of Mamaroneck, elsewhere than on the premises of the owner, shall be presumptive evidence that the dog has been permitted to be at large with the knowledge of the owner or person having custody and control of the dog. (d) A violation of this section shall be an offense and shall be punishable by a fine of not less than $5.00 or more than $25,00 or by imprisonment of not more than 25 days; and it is further RESOLVED, that Chapter IV - Section 12 of the General Ordinances of the Town of Mamaroneck adopted February 17, 1937, is hereby repealed. Upon roll call, the vote on the foregoing resolution was as follows. Councilman Kane Aye Councilwoman Helwig - No Supervisor Burchell - Aye Councilman Brush - Aye Councilman Cook - Aye and the resolution therefore adopted by a majority vote of four (4) ayes to one (1) no with all members of the Board being present and voting. And, thereupon, on a motion by Councilman Cook and sec- onded by Councilman Brush, it was unanimously RESOLVED, that the Town Clerk be and he hereby is authorized to publish and post the foregoing res- olution in accordance with law. -3- a g . NEW BUSINESS 1, Transfer of Funds, Fire District No, 1 In accordance with the Accountant's request for the trans- fer of funds within the Fire District budget to cover pay- ment of the balance due on the new Pumper, on motion by Councilman Brush and seconded by Councilman Cook, it was unanimously RESOLVED, that this Board hereby authorizes the transfer of the sum of $10, 000, 00 from Surplus Fire District No, 1 to Fire District No, 1 Appro- priations in the 1962 budget as provided in the 1961 budget to cover the cost of the Ward LaFrance Pumper, 2, Applications for Swimming Pools a) Application of George B. Butcher, 2 Split Tree Road Upon presentation of Mr. Butcher's application, together with a memorandum submitted by the Building Inspector following his inspection of the pool site and recommend- ing that the permit be granted subject to the applicant's compliance with the conditions stated therein, on motion by Councilman Kane and seconded by Councilwoman Hel- wig, the following resolution was adopted unanimously with direction that certified copies thereof be forwarded to the Building Inspector and applicant; WHEREAS, George B. Butcher has presented an application for a permit to construct a swimming pool and appurtenances on premises located at 2 Split Tree Road, Town, and known as Block 305, Parcel 1130 on the Tax Assessment Map of the Town of Mamaroneck; and WHEREAS, the Building Inspector of the Town of Mamaroneck has examined the plans and specifi- cations for the proposed pool; and WHEREAS, the Building Inspector finds that the plans and specifications for the proposed pool con- form in all respects with the requirements of the swimming pool ordinance (Article 23 of the Build- ing Code), and therefore recommends that the ap- plication be approved subject to the conditions listed hereinbelow; NOW, THEREFORE, BE IT RESOLVED, that the application of George B. But- cher for a permit to construct a swimming pool on his premises located at 2 Split Tree Road, Town, and known as Block 305, Parcel 1130 on the Tax Assessment Map of the Town of Mamaroneck, is hereby approved, and the Building Inspector is -4- 461 hereby authorized to issue a permit for same pro- vided the pool is constructed in conformance with the plans and specifications submitted and filed with the application and in compliance with the fol- lowing conditions: 1) That if any outdoor lighting is installed, it be so arranged that all light sources be shielded and light diverted away from neighboring premises, v 2) That the pool drain be connected to a drain or the sanitary sewer, 3) That an evergreen screen be provided along the north and east side of the pool, 4) That all work shown on the plans and the above conditions are completed and an occupancycer- tificate obtained from the Building Inspector before the pool is filled and put in use, b) Application of Mrs, Alice E. Kohlman Hidden Green Lane, Town With reference to the subject application, the Clerk pre- sented a memorandum from the Building Inspector writ- ten on September 4th following his inspection of the site for the proposed pool and recommending approval of the application subject to the conditions contained therein, which was ordered received and filed for the record. At this time, the applicant, Mrs. Kohlman, who was present, requested permission to have the pool fencing attached to the house rather than surrounding the pool as required in the swimming pool ordinance because of the grade levels of the property concerned. Upon question by the Supervisor, the Building Inspector stated that fencing located as Mrs. Kohlman proposed might involve considerable safety factors, and following further discussion, during which Mrs. Kohlman's land- scape artist, who was also present, further explained her request, the Board, in unanimity, agreed that ap- proval of the application be held until the September 19th meeting pending its personal inspection of the site, Mrs. Kohlman then requested the Board's permission to proceed with the pool construction with the under- standing that she would comply with whatever decision the Board reached regarding the location of the fencing -- which request, after some consideration, was granted by unanimous consent of the Board and Building In- spector, 3, Authorization of Expense - Supt, of Highways (New York State Annual Conference) -5- a.� In compliance with the Superintendent of Highways request presented in a memorandum addressed to the Board under date of September 4th and herewith ordered received and filed, on motion by Councilman Kane and seconded by Councilwoman Helwig, it was unanimously RESOLVED, that this Board hereby authorizes the - Superintendent of Highways to attend the Annual Conference of the New York State Association of Town Superintendents of Highways, to be held in Elmira, New York, on September 19th - 21st, 1962, with expenses paid by the Town in an amount not to exceed the sum of $100, 00 and charged against the proper item in the 1962 Highway Department budget. 4. Approval of Registration Notice (Not on Agenda) In accordance with the Town Clerk's request, on motion by Councilman Brush and seconded by Counwilwoman Helwig, it was unanimously RESOLVED, that in accordance with the provisions of Section 76 of the Election Law, a notice be published in the official newspaper of the Town of Mamaroneck, The Daily Times, on September 28th and October 5th, 1962, listing the places of registration - the days and hours of registration - and describing briefly each registration district in the Town of Mamaroneck. COMMUNICATIONS 1. Request for Expense Authorization - Police Commission In accordance with the Police Commission's request, herewith presented and ordered received and filed for the record, on motion by Councilman Brush and seconded by Councilman Cook, it was unanimously RESOLVED, that this Board hereby authorizes expendi- ture of not to exceed the sum of $30. 00 from the proper item in the 1962 Police Department budget to cover the expenses of two (2) Police Officers attendance of the Annual Firearms Training School to be conducted by the F. B.1. at Camp Smith, September 10th - 14th, 1962. Z. Use of Voting Machines for Primary - Letter from County Board of Elections The Clerk read a letter addressed to the Board by the County Board of Elections under date of August 10th, 1962, ordering by resolution adopted by said Board on August 10th, 1962, and contained therein, the use of voting machines for the September 6th, 1962 Primary Election, which was ordered received and filed, The Supervisor, for the Board's information, briefly reviewed the -6- request of the County Board, which had been considered un- favorably earlier this year, advising that notwithstanding it was now mandatory for the Clerk to proceed in accordance with the present directive, which was accordingly so ordered. REPORTS The Clerk presented the following reports which were or- dered received and filed. Report of the Building Inspector for the month of July, 1962. Report of the Building Inspector for the month of August, 1962. Town Clerk's Report for the month of July, 1962. Report of the Westchester Shore Humane Society, Inc, for the month of July, 1962, Report of Receipts and Disbursements, Town of Mamaroneck, for the period from January 1st through July 31st, 1962. Report of the Supervisor -- The Supervisor stated that he had no report at this time. Report of Councilwoman Helwig -- Councilwoman Helwig reported as follows. 1. Myrtle Boulevard Park and Playground (Authorization of Expense - Park Board) On a motion offered by Councilwoman Helwig pursuant to a memorandum authorizing expenditures requested by the Engineer for Myrtle Boulevard Park and Playground here- with presented and filed, which was seconded by Councilman Cook, it was unanimously RESOLVED, that this Board hereby authorizes the transfer of the sum of $700. 00 from Surplus - Special Districts (Park District) to 1962 Park Dis- trict Appropriations (A/C 410 - Myrtle Boulevard Park and Playground), Z. Appointment to Park Board Councilwoman Helwig presented the name of M.P. Medwick to be appointed to the Board of Park Commissioners to fill the vacancy occasioned by the resignation of Mr. John W. Shar- bough, which had been accepted with deep regret. She presented a brief resume of Mr. Medwick's particular qualifications for this appointment, and since there were no further nominations, on motion by her and unanimously seconded, it was -7- 4t��r�a a' RESOLVED, that M. P. Medwick of 1000 Fenimore Road, Town, be and he hereby is appointed a mem- ber of the Board of Park Commissioners of the Town of Mamaroneck, to fill the vacancy created by the resignation of John W. Sharbough and to serve for the unexpired balance of Mr. Sharbough's term of office, or until December 31st, 1963. The Board directed the Clerk to notify Mr. Medwick of his appointment, expressing the Board's pleasure that he was willing to serve and welcoming him to the Town's official family. 3. Meeting - Suburban Town Law Councilwoman Helwig called to the Board's attention a let- ter from the Office for Local Government advising that the next meeting to discuss the Suburban Town Law would be held on September 12th at the Hotel Roosevelt in New York, Following discussion, on motion by Councilman Cook, sec- onded by Councilman Brush, it was unanimously RESOLVED, that Councilwoman Helwig, Councilman Kane and Town Attorney Delius be and they hereby are authorized to attend the meeting to be held by the Office for Local Government to discuss the Suburban Town Law at the Hotel Roosevelt in New York City on September 12th, 1962, with expenses to be paid by the Town. Councilman Kane -- Councilman Kane reported as follows. 1. Street Lighting Study In connection with the study of Town street lighting presently being conducted, Councilman Kane presented a request from the En- gineer for authorization to purchase from 8 to 12 new-type lights at a cost not to exceed $1, 000, 00, to be erected for trial purposes in residential areas as designated by the Engineer, Police Chief and Highway Superintendent. Whereupon following some discussion of the eventual possible sav- ings such installation would effectuate, on motion by Councilman Kane, seconded by Councilman Brush, who stated that it was his pleasure to second this motion on behalf of the Police Department which felt that the whole Town should be relighted in the interest of safety, it was unanimously RESOLVED, that this Board hereby authorizes the Town Engineer to expend not to exceed the sum of $1000, 00 to purchase from 8 to 12 new street lighting fixtures, said expenditure to be charged to the proper item in the 1962 Street Lighting budget. _g- Councilman Brush -- Councilman Brush reported as follows. 1. Letter re Parking Meters Councilman Brush presented for the Board's consideration a letter from the Police Chief, enclosing a communication from The Dual Parking Meter Company, with reference to cleaning and repairing the parking meters owned by the Town. After discussion, since funds were available for this work and since the Police Chief strongly recommended that it be under- taken as soon as possible, on motion by Councilman Brush, seconded by Councilman Cook, it was unanimously RESOLVED, that this Board hereby authorizes Police Chief Yerick to proceed with the cleaning and repair of the 280 parking meters owned by the Town; said work to be performed by The Dual Parking Meter Company at an approximate cost of $2500, 00, Councilman Cook -- 1, Apportionments Councilman Cook presented the following petitions received from the Assessor for the correction of the assessment roll so as to permit the apportionment of taxes, and on his motion, seconded by Councilman Brush, the following resolution was adopted by unanimous vote. WHEREAS, the Assessor has presented the following peti- tions 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 itde- sirable to grant said petition for the correction of said as- sessment roll. NOW, THEREFORE, BE IT RESOLVED, that the assessment roll of 1961, school taxes of 1962, which shows property now appearing on the roll as follows. Block Parcel Name Land Imp Total 412 436 000 Dan M. Elkind $ 21, 000 $ 5, 000 $ 26, 000 " 7, 500 7, 500 be corrected as follows in accordance with the provisions of subdivision 5 of Section 557. Block Parcel Name Land Imp Total 928 200 Dan M. Elkind 15, 600 5, 000 20, 600 928 242 Elkind Properties Inc, 5, 400 5, 400 412 436 if 500 500 412 439 Dan M. Elkind 7, 000 7, 000 -9- and be it FURTHER RESOLVED, that the assessment roll of 1961, school taxes of 1962, and the assessment roll of 1962, taxes of 1963, which show property now appearing on the rolls as follows* Block Parcel Name Land Imp Total 601 44 Frederick Altman & or $ 3, 700 $ 11, 500 $ 15, 200 be corrected as follows in accordance with the provisions of subdivision 5 of Section 557; Block Parcel Name Land Imp Total 601 44 C. Russell Appleyard 2, 000 11, 500 13, 500 601 121 Frederick Altman & or 1, 700 1, 700 and be it FURTHER RESOLVED, that the assessment roll of 1961, school taxes of 1962, and the assessment roll of 1962, taxes of 1963, which show property now appearing on the rolls as follows; Block Parcel Name Land Imp Total 607 475 Robert Freund 5, 200 8, 000 13, 200 be corrected as follows in accordance with the provisions of subdivision 5 of Section 557; Block Parcel Name Land Imp Total ¢OZ 47-5 Robert Freund & W 2, 600 8, 000 10, 600 607 481 Robert Freund 2, 600 2, 600 and be it FURTHER RESOLVED, that the assessment roll of 1961, school taxes of 1962, and the assessment roll of 1962, taxes of 1963, which show property now appearing on the rolls as follows; Block Parcel Name Land Imp Total 928 200 Dan Ho Elkind 15, 600 5, 000 20, 600 be corrected as follows in accordance with the provisions of subdivision 5 of Section 557; Block Parcel Name Land Imp Total 928 200 Dan Ho Elkind 5, 200 5, 000 10, 200 928 221 Elkind Properties Inc, 10, 400 10, 400 and be it -10- FURTHER RESOLVED, that the assessment roll of 1962, taxes of 1963, which shows property now appearing on the roll as follows: Block Parcel Name Land Imp Total 928 200 Dan M. Elkind $ 21, 000 $ 27, 000 $48, 000 be corrected as follows in accordance with the provisions of subdivision 5 of Section 557: Block Parcel Name Land Imp Total 928 200 Dan M. Elkind 15, 600 5, 000 20, 600 928 242 Elkind Properties Inc 5, 400 22, 000 27, 400 and be it FURTHER RESOLVED, that the assessment roll of 1961, taxes of 1962, which shows property now appearing on the roll as follows: 1961 - 1962 Block Parcel Name Land Imp Total 330 1 Burge M. Seymour 30, 000 20, 000 50, 000 1962 - 1963 Block Parcel Name Land Imp Total 330 1 Burge M. Seymour 45, 000 20, 000 65, 000 be corrected as follows in accordance with the provisions of subdivision 5 of Section 557: 1961 - 1962 Block Parcel Name Land Imp Total 330 1 Burge M. Seymour 20, 000 20, 000 330 203 Abby Zelnick & W 10, 000 20, 000 30, 000 1962 - 1963 Block Parcel Name Land Imp Total 330 1 Burge M. Seymour 10, 000 10, 000 330 203 Abby Zelnick & W 15, 000 20, 000 35, 000 and be it FURTHER RESOLVED, that the assessment roll of 1961, school taxes of 1962, which shows property now appearing on the roll as follows: Block Parcel Name Land Imp Total 506 157 Jerome Bisceglia 2, 000 2, 000 -11- be corrected as follows in accordance with the provisions of subdivision 5 of Section 557: Block Parcel Name Land Imp Total 506 157 Jerome Bisceglia $ 200 $ $ 200 506 324 Murray C. Davis 1, 800 1, 800 and be it FURTHER 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 506 157 Jerome Bisceglia 2, 000 13,700 15, 700 be corrected as follows in accordance with the provisions of subdivision 5 of Section 557: Block Parcel Name Land Imp Total 506 157 Jerome Bisceglia 200 200 506 324 Murray C. Davis 1, 800 13, 700 15, 500 2. Memorandum from Assessor Councilman Cook presented a memorandum from the Assessor reporting a net increase of $3, 598, 106, in the 1962 assessment roll, which was ordered received and filed, The Attorney -- 1, Application for Easement (Mrs, Esther Miller) For the Board's information, the Attorney reported on an ap- plication by Mrs, Esther Miller of Port Drive, Village of Ma- maroneck, for an easement over land under water in connec- tion with a dock in front of her property, which had been filed with the Secretary of State, recommending that the Town go along with the Village in this matter, 2. Petition of Orienta Bus Co, The Attorney reported on a petition filed by the Orienta Bus Co, for the transfer of its franchise. He stated that this would not affect the Town and therefore required no action by this Board. 3, Application for Swimming Pool (Winged Foot Golf Club) The Attorney advised the Board that Mr. Atherton had taken an appeal from the decision of Judge McCullough -12- 4, Alpax Certiorari Proceeding The Attorney reported that the referees order had been con- firmed by Judge Dillon - ordering a reduction in the assess- ments of approximately $57, 000 for 1955 - 1961 inclusive for taxes from 1956 - 1962 inclusive, 5, Expense Authorization Pursuant to a memorandum addressed by the Attorney to the Town Board and herewith presented by him, on motion by Councilman Kane and seconded by Councilman Cook, it was unanimously RESOLVED, that the Town Attorney be and he hereby is authorized to attend the National Institute of Mu- nicipal Law Officers, to be held in Chicago, Illinois, from September 26th through 29th, 1962, with ex- penses in an amount not to exceed the sum of $260. 00 to be paid by the Town from the proper item in the 1962 budget of the Town Attorney. And thereupon, in accordance with the Town Accountant's re- quest, on motion by Councilman Kane, seconded by Council- man Cook, it was unanimously RESOLVED, that this Board hereby authorizes the transfer of the sum of $Z60. 00 from General Town Contingency Fund to Town Attorney - Travel and Expense, A/C 402, to cover expenses of the Town Attorney while attending the National Institute of Municipal Law Officers in Chicago, Illinois, 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 October 3rd, 1962, 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 claims of the Fire Department, which had been audited by the Comptroller and ap- proved by the Fire Chief, and requested payment of same. Whereupon, on his motion, seconded by Commissioner Kane, it was unanimously RESOLVED, that the following claims be and they hereby -13- 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 $ 47. 10 Con Edison Co. 56. 28 Con Edison Co. 5. 00 Franklin Cleaners 54. 85 William B. Lemon 29.00 McGuire Bros. 5. 00 N. Y. Telephone Co. 96. 06 Walter D. Rickert 124. 81 Ronconi Lawn Mower Service 6. 90 Ward LaFrance Truck Corporation 24, 749. 56 Village of Scarsdale 788. 00 West. Jt. Water Works 13. 32 Total $Z5, 975. 88 2. Reports Commissioner Brush presented the Fire Report for the month of August, 1962, which was ordered received and filed. 3. Communications a. Letter from Fire Council (Acceptance of new Ward LaFrance Engine) Pursuant to a letter from the Fire Council recom- mending acceptance of the new Ward LaFrance Fire Engine, on motion by Commissioner Brush and unanimously seconded, it was by unanimous vote RESOLVED, that this Commission hereby ac- cepts the Ward LaFrance Fire Engine in ac- cordance with the recommendation of the Fire Council. 4. Adjournment There being no further business to come before the meeting, on motion duly made and seconded, it was declared adjourned at 9:25 p. m. , to reconvene on October 3rd, 1962. d'/ _yse To Cl rk -14-