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HomeMy WebLinkAbout1962_10_03 Town Board Minutes MINUTES OF AREGULAR MEETING OF THE TOWN BOARD OF THE TOWN OF MAMARONECK, HELD OCTOBER 3rd, 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 Present: Supervisor Burchell Councilman Kane Councilman Brush Councilwoman Helwig Councilman Cook Absent: None Also Present: Mr. Gronberg - Town Clerk Mr. Delius - Town Attorney Mrs. Brewer - Secretary Mr. Kellogg - Town Engineer Mr. Altieri Town Accountant Mr. Fischer - Supt. of Highways Mr. Paonessa - Building Inspector APPROVAL OF MINUTES The minutes of the regular meetings of May 16th and June 6th, 1962, were approved as presented. OLD BUSINESS 1. Application for Rezoning - Rudolph Novak (Not on Agenda) The Supervisor recognized Mr. Edward P. Tanenbaum, attorney for Mr. Novak, who addressed the Board on the application, re- viewing the entire three-year history of the matter and re- submitting the brief pursuant thereto which had been originally presented at the public hearing on June 29th, 1959, and filed as part of the official record of that meeting. He also presented a plan and sketch, previously submitted to the Planning Board at the time the application was presented to and denied by that Board. A lengthy discussion of the use of the property as proposed in the plan and sketch presented then took place with Mrs. Tanen- baum, Professional Planner and author of the proposal, des- cribing the various details and replying to the many questions raised by the members of the Board. At this time, Mr. Laurence Sobel, upon recognition by the Chair, addressed the Board, stating that he was not speaking -1- n k P» as a member of the Zoning Board of Appeals, but nevertheless, would like to advise the Board that the subject application had twice been before the Zoning Board previously and denied on both occasions. On the first, because no plans had been sub- mitted with the application, and on the second when the re- quired plans were supplied, because a business usage exceed- ing that permitted for business or commercial use in that area was requested, concluding his remarks by inquiring whether this Board was ready for "spot zoning" ? The Supervisor then observed that even if the application were granted, the applicant would have to obtain a variance in order to use the property as proposed, Mr. Tanenbaum stated that this was true and that he was ready to concede this for the record should the Board grant the application for the requested rezoning, Councilman Kane suggested that the matter be held over so the Board could ascertain whether the requested rezoning would have an effect on neighboring property owners, Mr. Tanenbaum then pointed out that the motel operating under a variance and located to the west of Mr. Novak's property was zoned for business to a depth of 343 feet and also that the old Mills property was zoned for business to such depth, which he contended made business legal for 343 feet, and the zoning of his client's property, therefore, illegal and unconstitional. Councilman Cook then pointed out that Mr. Novak knew the zon- ing of the property in question at the time he purchased it -- whereupon Mrs, Tanenbaum pointed out that times and the char- acter of neighborhoods change and that business zoning to a depth of 100 feet was impractical under today's traffic and bus- iness conditions, in addition to which the land in question was not suitable for residental purposes. Whereupon, following some further discussion, the Board unan- imously directed that the matter be held over for further con- sideration and study and instructed the Clerk to carry the mat- ter on the agenda for the next meeting, 2. Report on Bids (Myrtle Boulevard Park and Playground) The Clerk presented a memorandum from the Town Engineer requesting rejection of the Contract No, 1 bids for the con- struction of Myrtle Boulevard Park and Playground, opened and read aloud at the September 19th meeting, and authoriza- tion for publication of the subject contract as modified with bids to be returnable and opened at the October 17th meeting, which was herewith ordered received and filed for the record. Whereupon, on motion by Councilman Brush, seconded by Councilman Kane, it was unanimously RESOLVED, that the Contract No. 1 bids for the con- struction of Myrtle Boulevard Park and Playground as _2_ �ET}cJ$ G � (J submitted, opened, and read aloud at the September 19th, 1962 Town Board meeting, be rejected; and be it further RESOLVED, that the bid checks accompanying the said bids be returned to the bidders. And thereupon, on the Clerk's presentation of a memorandum and enclosed Notice for Bids for Contract No. 1 of the subject - project as modified, and in accordance with the recommenda- tion and approval of the Park Commission which felt that such modification would effect substantial savings in construction cost even though the work would require a longer period of time for completion, on motion by Councilman Brush and sec- onded by Councilman Kane, it was unanimously RESOLVED, that the Town Clerk be and he hereby is authorized to publish the following notice in the official newspaper of the Town of Mamaroneck, The Daily Times Notice for Bids "Sealed bids will be received by the Town Board, c/o Town Clerk, 158 West Post Road, Mamaroneck, New York, until 5;00 p.m. D.S. T. , on October 17, 1962, for construction of "Myrtle Boulevard Park and Play- ground" in the Town of Mamaroneck, New York, in accordance with plans, specifications and instructions to bidders, prepared by Frederick F. Kellogg, Jr. P.E. , and now on file in the Town Clerk's Office, Bids will be opened and read aloud at 8;15 p.m. D.S. T. at the Weaver Street Firehouse, Town of Mamaroneck, on October 17th, 1962. One set of plans, specifications and bid proposal forms may be inspected or obtained at 158 West Post Road, Mamaroneck, or will be sent postpaid upon receipt of a $5. 00 non-refundable check, made payable to the Town Clerk, Deposits of less than ten dollars ($10. 00) are not refundable pursuant to N.Y. S.P. W, Law L1960 Ch, 835. Principal work includes construction of sewers, drains, curbs, paving, concrete tennis courts, recreation equip- ment, and incidentals. All changes to the specifications since the previous bid opening of September 19th, 1962, have been made inthe "Special Notes" and "Proposal" sections (colored pages) of the specifications, thereby causing the preceding ma- jor part of the specifications to remain unchanged. No changes have been made on the plans. Contractors who bid on this work shall bid on Shares "P", "H", "S", and "R", and the total thereof constitute the amount to be bid for Contract No, 1, The reason for readvertising this contract is the Town -3- i!T kaS Board's desire to reduce the contemplated expenditure to an appropriate amount by causing a deferment of some of the items that can be done by utilizing Park Department staff over a period of time, as well as by reducing the need for such items as tree removal and clearing, most of which has already been accomplished by the Park Department staff, and which will continue to be performed by that staff as the need arises, all as set forth in the "Revised Special Notes" section of the --- specifications, dated October 3rd, 1962, The Town Board reserves the right to reject any or all bids, or to waive any informalities in bids, " 3. Report on Bids (Civil Defense Equipment) Councilman Cook advised the Board that the Accountant had re- ported that Mr. Hartley and his assistant were reviewing the items in Groups I and II and would submit their recommenda- tions thereon at the next meeting. He further advised that with respect to Group III, the County Civil Defense Office recommended deferment to 1963 when the Federal Government would make the radiological equipment available at federal prices in connection with the Matching Funds Program. 4. Application for Swimming Pool (Mrs. Alice Kohlman - Hidden Green Lane) In connection with this application currently before the Board, on a motion offered by Councilman Kane and seconded by Councilman Cook following presentation of memorandum from the Building In- spector recommending approval of the application as amended to incorporate "Plan B", together with a letter from the applicant stating her willingness to comply with said plan, herewith or- dered received and filed for the record, the following resolution was adopted unanimously with direction that certified copies there- of be forwarded to the applicant and Building Inspector; WHEREAS, Mrs. Alice Kohlman heretofore submitted an ap- plication for a permit to construct a swimming pool and ap- purtenances on premises located at 9 Hidden Green Lane, Town, and known as Block 209, Parcel 421 on the Assess- ment Map of the Town of Mamaroneck; and WHEREAS, the Building Inspector of the Town of Mamaro- neck has examined the plans and specifications for the pro- posed pool; and WHEREAS, the Building Inspector finds that the plans and specifications as amended and supplemented to include cer- tain recommended conditions and incorporate "Plan B" as suggested by the Building Inspector, conform in all respects with the requirements of the Swimming Pool Ordinance (Article 23 of the Building Code), and therefore recommends -4- ] that the application be approved; NOW, THEREFORE, BE IT RESOLVED, that the application of Mrs, Alice Kohlman for a permit to construct a swimming pool on her prem- ises located at 9 Hidden Green Lane, Town, and knownas Block 209, Parcel 421 on the Assessment Map of the Town of Mamaroneck, is hereby approved, and the Building In- _ _ spector is hereby authorized to issue a permit for same provided the pool is constructed in conformance with the plans and specifications submitted and filed with the ap- plication as amended and supplemented to show com- pliance with the following conditions: 1) That the application as submitted is amended to in- corporate "Plan B" as suggested by the Building In- spector with respect to the fencing of the proposed pool, 2) That if any outdoor lighting is installed, it be so ar- ranged that all light sources be shielded and light diverted away from neighboring premises, 3) That all work shown on the plans must be com- pleted and a certificate of occupancy obtained from the Building Inspector before the pool is filled and put in use, NEW BUSINESS 1) Request for Authorization to Advertise for Bids (Sewer Installation - Post Road, east of Rock Ridge Road) In accordance with a memorandum addressed to the Board by the Engineer requesting authorization to publish the attached notice for bids for the subject sewer installation since the agreement prepared by the Town Attorney and himself had been approved by Mr. Cook's attorney, and satisfactory liaison was established with the County and State, on motion by Councilman Brush, sec- onded by Councilman Cook, it was unanimously RESOLVED, that the Town Clerk is hereby authorized to publish the following notice in the official newspaper of the Town of Mamaroneck, The Daily Times- Public Notice _ Notice is hereby given that sealed bids will be received by the Town Board of the Town of Mamaroneck, Westches- ter County, New York, until 5.00 o'clock P. M.E. S. T. on Wednesday, October 17th, 1962, at the Office of the Town Clerk, 158 West Boston Post Road in the Village of Ma- maroneck, New York, and opened and read aloud at a reg- ular meeting of the Town Board to be held at 8-15 p.m, , E. S. T. , on Wednesday, October 17th, 1962, in the Coun- cil Room of the Weaver Street Firehouse, corner of Wea- -5- ver Street and Edgewood Avenue in the Town of Mamaro- neck, Westchester County, New York, in accordance with plans and specifications drawn and prepared by Frederick F. Kellogg, Jr„ Town Engineer, and now on file in the Office of the Town Clerk, Copies of the plans, specifications and proposals for the work proposed may be obtained at the Town Clerk's Office upon deposit of $5, 00, Deposits of less than $10, 00 are not refundable pursuant to New York State Public Works Law, L1960, Ch, 835, The Town of Mamaroneck may make such investigation as it deems necessary to determine the ability of the bid- der to perform the work, and the bidder shall furnish all such information and data for this purpose as may be re- quested, The Town of Mamaroneck reserves the right to reject any bidif the evidence submitted by, or the investi- gation of such bidder fails to satisfy the Town of Mamaro- neck that such bidder is properly qualified to carry out the obligation of the contract and to complete the workcon- templated therein, The Town Board reserves the right to reject any or all bids, or to waive any informalities in the bids, 2, Glick-Freedman Claim (Not on Agenda) --- In accordance with a memorandum from the Town Accountant and following a brief recounting by the Supervisor, on motion by Councilman Kane, seconded by Councilman Brush, it was unanimously RESOLVED, that this Board hereby authorizes payment of the fee for special accounting services rendered in December, 1960 and January, 1961 in the sum of $800, to Glick-Freedman, C.P.A. , New Rochelle, New York; and be it further RESOLVED, that the transfer of the sum of $800, from General Town Contingency Fund to Town Offices - Au- diting in the 1962 budget, is hereby authorized, 3, Promotional Salary Increase, Police Department (Not on Agenda) In accordance with a letter from the Chief of Police and memo- randum from the Town Accountant herewith presented and or- dered received and filed, on motion by Councilman Brush, sec- onded by Councilwoman Helwig, it was unanimously RESOLVED, that payment of the following salary in- crease in accordance with the Compensation Plan of the Town of Mamaroneck is hereby authorized for Of- ficer George Mulcahy upon promotion from Police -6- s4 F; Patrolman to Police Detective: Effective Amount of Present Revised Date Increase Compensation Compensation 10- 10-4-62 $360, 00 $6450, 00 $6810. 00 COMMUNICATIONS 1, Letter from John W. Sharbough The Clerk presented a letter addressed by Mr. Sharbough to the Supervisor and members of the Board expressing Mrs. Sharbough's and his appreciation of the letter and resolution forwarded to him by this Board upon his resig- nation as a member of the Board of Park Commissioners which was ordered received and filed. Z. Letter from Victor J. Kriss (Not on Agenda) The Clerk presented a letter addressed to the Board by Victor J. Kriss with regard to a drainage condition on Fenimore Road abutting his property, which, after discus- sion, was referred to the Engineer and Superintendent of Highways for study and report, REPORTS The Town Clerk -- The Clerk presented the following reports which were ordered received and filed; Report of the Receiver of Taxes and Assessments for the month of September, 1962, Report of the Westchester Shore Humane Society, Inc, for the month of September, 1962, Report of the Building Inspector for the month of Septem- ber, 1962, State Commission of Correction report of inspection of the Town Lockup, - -- The Supervisor -- The Supervisor stated that he had no report at this time, Councilwoman Helwig -- Councilwoman Helwig reported as follows- -7- 1, Receipt of the Delegation of Authority from the New York State Bureau of Agriculture and Mar- kets, authorizing the Town to proceed with the Dutch Elm program. (Notification for removal of dead or diseased Dutch Elms from private property), 2. Announcement of Noise Abatement hearing be- fore the State of New York Joint Legislative Committee on Motor Vehicles & Traffic Safety at Hofstra College Little Theatre, 1000 Fulton Avenue, Hempstead, Long Island, New York, on October 10, 1962, at 10 a,m, Councilman Kane -- Councilman Kane reported as follows: 1, Brief summary of Incinerator Commission meeting held Saturday morning, September 22nd, 1962, 2, Request that the Supervisor be authorized to repre- sent the Board in negotiating with Mayor Ryan with respect to engaging Raymond and May Associates for preparation of a master plan for the Larchmont postal area at a cost to be shared on a 50-50 basis by the unincorporated area and village under the Federal Funds Assistance Program presently available for such projects„ which authority was delegated to the Supervisor by common consent of the Board, Councilman Brush -- Councilman Brush stated that he had no report other than Fire matters, Councilman Cook -- Councilman Cook reported as follows: 1, Baldwin Property Following a brief review of the original application for rezoning submitted in 1959 and subsequent petition re- questing annexation of the subject property to the Vil- lage of Mamaroneck presented this summer and with- drawn with the definite understanding that there would be a further study of rezoning, Councilman Cook sug- gested that the Board at this time request the Planning Board to initiate such study and report thereon at the earliest date possible. Whereupon, following discussion, on his motion, sec- onded by Councilman Kane, it was unanimously -8- 4 CA RESOLVED, that the Supervisor be and he hereby is directed to request the Planning Board to initiate a further study of the zon- ing of the so-called 'Baldwin Property", and submit its report and recommendations thereon to this Board at the earliest pos- sible date. The Town Attorney -- The Attorney reported as follows: 1. Application of Orienta Bus Lines, Inc. (Transfer of Franchise) The Attorney presented a letter, addressed to the Town Clerk by Sidney J. Leshin, Attorney, under date of October 1st, 1962 enclosing application by Orienta Bus Lines, Inc. for consent to transfer of franchise to Mamaroneck Bus Corp. , which had been referred to him and was herewith or- dered received and filed, with recommendation for approval thereof. Whereupon, on motion by Councilman Brush, sec- ondedby Councilman Cook, it was unanimously RESOLVED, that this Board hereby ap- proves the application of Orienta Bus Lines, Inc. for Consent to Transfer and Assign a franchise to operate an Omni- bus Line in the Town of Mamaroneck to Mamaroneck Bus Corp. 2. Notice of Hearing - Village of Mamaroneck The Attorney called to attention a public hearing be- fore the Village of Mamaroneck on October 8, 1962, for the purpose of considering amendment to the Zon- ing Ordinance with regard to the sewage disposal plant. Councilman Cook requested that the Planning Board keep alert on this subject, studying the matter and sub- mitting recommendations thereon. 3. County Lands The Attorney reported receipt of letter from the - County enclosing deed to the Town of certain Cross County Parkway Lands for recreational purposes, which he was directed to hold for the present time. ADJOURNMENT There being no further business to come before the meeting, on motion duly made and seconded, it was declared adjourned at 9:30 p. m. , to reconvene on October 17th, 1962. -9- BOARD OF FIRE COMMISSIONERS The meeting of the Board of Fire Commissioners was convened immediately upon adjournment of the Town Board meeting. 1, Claims Commissioner Brush presented the following Fire Department claims which had been audited by the Comptroller and ap- proved by the Fire Chief, requesting payment of same. Whereupon, on motion by him and seconded by Commissioner Kane, it was unanimously RESOLVED, that the following claims be and they here- by are approved, and the Supervisor and Comptroller authorized and directed to pay the same out of the bud- get for the Fire Departments Atlantic Service Center $ 12, 60 R. G. Brewer, Inc. 21, 02 R. G. Brewer, Inc, 39. 82 R. G. Brewer, Inc, 33. 52 Con Edison Co. 5. 00 McGuire Bros. Inc, 7. 50 N. Y. Telephone Co. 95, 60 Walter D. Rickert 40. 33 Wesco Fire Equipment & Service 232. 35 Total $ 487. 74 2, Reports Commissioner Brush presented the Fire Report for Septem- ber, 1962, which was ordered received and filed. 3, Communications There were no communications to be presented, 4, Other Business 1. Murdock Woods -- The Fire Chief reported that a study of fire hydrants and fire control in the Murdock Woods area was conducted with report to the Commission. 5, Adjournment There being no further business to come before the Commis- sion, on motion duly made and seconded, the meeting was declared adjourned at 9.40 p.m. , to reconvene on October 17th, 1962, 1" L Town fC erk, V -10-