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HomeMy WebLinkAbout1963_04_17 Town Board Minutes n p 02 MINUTES OF A REGULAR MEETING OF THE TOWN BOARD OF THE TOWN OF MAMARONECK, HELD APRIL 17th, 1963 IN THE COUNCIL ROOM OF THE WEAVER STREET FIRE- HOUSE, 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. Orsino - Receiver of Taxes Mr. Kellogg - Town Engineer Mr. Altieri - Town Accountant Mr. Fischer - Supt. of Highways APPROVAL OF MINUTES On motion duly made and seconded, the minutes of the regular meetings of March 6, 20, and April 3, and special meeting of April 9, 1963, were approved as submitted. OLD BUSINESS 1. Amendment of Building Code and Zoning Ordinance On Councilman Cook's recommendation that the proposed amendments be approved as submitted since the only ques- tion was one raised by Mr. Novak, which constituted a hardship for which recourse was provided, on a motion of- fered by him and seconded by Councilman Kane, the follow- ing resolution so amending the Building Code and Zoning Ordinance was adopted by unanimous vote of the Board, all members thereof being present and voting: RESOLVED, that the Building Code of the Town of Ma- maroneck, adopted April 27, 1937 and thereafter from time to time amended, is further amended so as to re- peal Article 19, Sections 96 to 99 inclusive, and in place thereof, insert a new Article 19, which is to be entitled "ERECTION AND MAINTENANCE OF OUT- DOOR ADVERTISING SIGNS", which shall read as follows:- -I- ARTICLE 19 Section 1 - Definitions (a) The term "sign" or "signs" as used in this Or- dinance means any material or structure, or part thereof, composed of lettered or pictorial matter or upon which lettered or pictorial matter is placed which is used outside of or on the exterior of any building for display of an advertisement, announcement, notice, directional matter or name, and includes signs, bill- boards, sign boards, illuminated signs or ground signs, but does not include signs erected and main- tained pursuant to and in discharge of any govern- mental function. (b) The term "front" or "face" of a building as used in this Ordinance, means the general outer surface of the building abutting or fronting upon any street or pub- lic highway. (c) The term "projecting sign" as used in this Or- dinance means any sign which is erected or maintained over any street, sidewalk, alley or highway within the Town of Mamaroneck. (d) The term "person" as used in this Ordinance means and includes one or more persons, corporations, partnerships, associations, joint stock companies, so- cieties and all other entities of any kind capable of be- ing sued. (e) The term "Building Inspector" or "Inspector of Buildings" as used in this Ordinance means the Inspec- tor of Buildings of the Town of Mamaroneck, or other officer duly authorized to perform his duties. (f) The term "roof sign" as used in this Ordinance means a sign erected upon or above the roof of a build- ing, but shall not include a pylon or other structure which protrudes above the roof and is an integral part of the building upon which the same is attached. (g) The term "standing sign" as used in this Ordi- nance means a sign not attached to a building. Section 2 - Permit Required. After the effective date of this Ordinance and except as otherwise herein provided, it shall be unlawful and a violation of this Ordinance for any person to erect, construct, paint, alter, relocate, reconstruct, display or maintain, or cause to be erected, constructed, dis- played or maintained within the Town of Mamaroneck, any sign or signs without first having obtained a writ- ten permit from the Building Inspector for such sign or signs and without having complied with the provi- sions of this Ordinance. _2_ Section 3 - Application for Permit. Any person desiring to procure a permit for a sign or signs shall file with the Inspector of Buildings of the Town of Mamaroneck a completely filled out sign application which shall contain: (a) A drawing showing the lettering and pictorial matter composing the sign, a description of the con- struction details of the sign structure, and the inten- sity and type of lighting to be provided; a location plan showing the position of the sign on the building or premises; and such other information as the Inspector of Buildings may require to show compliance with the provisions of this Ordinance. (b) A written statement on the application showing the name of the owner or of the person in control of the building or premises where such sign is to be lo- cated, and the right or authority of the applicant to ob- tain a permit. Section 4 - Fees. Except as otherwise provided herein, no sign per- mit shall be issued by the Building Inspector until the applicable fee listed below is paid to the Building In- spector of the Town of Mamaroneck, to-wit: A fee of five dollars ($5. 00) for erecting, placing or painting a new sign. A fee of three dollars ($3. 00) for altering, re- constructing, relocating on the same premises, or enlarging an existing sign. No fee shall be required for the signs permitted in Residential Districts under Section 7, subdivisions (a), (d) and (e) of this Ordinance. A fee to consist of ten dollars ($10. 00) to cover publication costs plus mailing costs for each public hearing on an application for a variance. Section 5 - Revocation of Permit. The Building Inspector may at any time for a vio- lation of this Ordinance, revoke any sign permit. Notice of such revocation and the reason or reasons therefor in writing shall be served by the Building In- spector upon the person named in the application by mailing the same to the address given in the applica- tion, and upon the last known owner of the premises on which the sign is placed by mailing the same to his name and address as shown on the Assessment Roll of the Town of Mamaroneck, and by filing a copy of said Notice immediately in the Office of the Town Clerk. -3- Section 6. Unsafe and Unlawful Signs. Whenever it shall appear to the Building Inspector that any sign has been constructed or erected or is be- ing maintained in violation of any of the terms of this Ordinance, or is unsafe and insecure, or is in such condition as to be a menace to the safety of the public, he shall thereupon issue, or cause to be issued, a no- tice in writing to the owner, if the whereabouts of such owner is known, informing such person of the vi- olation of this Ordinance, or the dangerous condition of such sign, and directing him to make such altera- tion or repair thereto, or to do such things or acts as are necessary or advisable to place such structure in a safe, substantial and secure condition, and to make the same comply with the requirements of this Or- dinance within such reasonable time as shall be stated in such notice. Upon failure to comply with such no- tice within the time specified, the Building Inspector may cause such sign or such part thereof as is con- structed or maintained in violation of this Ordinance to be removed, and may charge the expense of such removal to the person so notified, provided, however, that nothing herein contained shall prevent the Build- ing Inspector from adopting such precautionary mea- sures as may be necessary or advisable in case of imminent danger to the public or to adjoining property to place such sign in a safe condition, the expense of which shall be paid by the owner. Every person maintaining a sign, shall, upon va- cating the premises where the sign is maintained, forthwith remove such sign. Section 7 - Regulation of Signs in Residential Districts. In Residential Districts as established by the Zon- ing Ordinance of the Town of Mamaroneck, no signs shall be erected or maintained, except the following:- (a) Signs stating the name of the owner or occu- pant of the premises, or his profession or occupation, or the street number of the premises, or notice of va- cancy of apartments. Such signs are to be not more than one square foot in area and limited to one sign per lot or plot located not less than five feet back from the street line. No permit required. (b) Signs advertising the sale or rental of property on which they are located shall be not more than six square feet in area and limited to one sign for each lot or plot and located on the building, or, if standing signs, located not less than the applicable minimum yard dimensions for structures, as set forth in the Zoning Ordinance, (c) Signs advertising the sale of lots in a subdivi- sion approved by the Planning Board of the Town of Mamaroneck consisting of two or more lots, shall be -4- not more than six feet wide nor four feet high, and mounted as a standing sign such that the top shall not be higher than ten feet above the ground upon which it is situated. Such signs shall be limited to one sign for each street on which the subdivision has frontage and located within the subdivision and not less than the applicable minimum yard dimensions for structures as set forth in the Zoning Ordinance. (d) Signs giving the name of the person making al- terations or repairs to the premises upon which such sign is erected, but only during the period of such re- pairs, shall be not more than six square feet in area and limited to one sign for each lot or plot and located on the building, or, if standing signs, located not less than the applicable minimum yard dimensions for structures as set forth in the Zoning Ordinance. No permit required. (e) Signs on premises during the period of new construction giving the name of the architect, contrac- tor, or builder shall be not more than six >sq.: ft. in area and limited to a maximum of two signs per plot, and located on the building, or, if standing signs, located not less than the applicable minimum yard dimensions as set forth in the Zoning Ordinance. No permit re- quired. (f) Signs customarily incident to churches and places of worship. (g) The signs listed in subdivisions (a) to (f) of this section must be located on the premises to which they pertain. There shall be no roof or projecting signs. Section 8 - Regulation of Signs in Business Districts and Light Industry Districts. In Business Districts and Light Industry Districts as established by the Zoning Ordinance of the Town of Mamaroneck, no sign shall be erected or main- tained except the following signs and unless such signs comply with the following provisions, but any sign permitted in a Residential District shall be per- mitted in Business and Light Industry Districts: (a) A sign attached to the wall of a building, which sign shall advertise only the business conducted on the premises, may be placed only upon the front or face of a building as defined in this Ordinance, and must be constructed and maintained flat or parallel with the building wall to which it is attached, and shall not extend more than eighteen inches from such ex- terior building wall. (b) The maximum vertical dimension or height of such sign as permitted in subdivision (a) above, shall be thirty-six inches, except that the maximum height -5- d4d of lettering or pictorial matter shall not exceed twenty- four inches unless such sign is composed entirely of separate letters attached directly to the wall of a build- ing, in which case the letters shall not exceed thirty- six inches in height. The maximum horizontal dimen- sion or length of such sign shall not exceed the length of the street frontage of the business establishment up- on which such sign is erected or maintained, but no such sign shall exceed fifty feet in length on any street frontage for the same business. The lower edge of such sign shall not be located above the level of the floor of the second story of the building upon which the sign is placed or maintained, and no such sign shall extend beyond the top or ends of the building surface upon which it is placed or otherwise attached. More than one sign for each business establishment is per- mitted provided the combined signs do not exceed the maximum limitations for a single sign as herein pre- scribed. (c) No roof sign shall be permitted in a Business District or Light Industry District. (d) One standing sign of overall outline area of not more than thirty square feet per sign which may re- fer to any single business enterprise whose building, or part thereof, is seventy-five feet or longer measured parallel to the street. For a single business use on a plot having over one hundred fifty feet in frontage, two standing signs will be allowed. A standing sign shall be oriented to generally face the street to which it is adjacent, and all parts thereof shall be back of the street lines. No part of any standing sign shall be more than fifteen feet above the ground upon which the sign is located. (e) Signs mounted on a pylon, which is an integral part of a building but not constituting a building wall, may be considered as, and substituted for, standing signs as permitted in (d) above, except that signs on a pylon shall not extend beyond the top or edges of the pylon and the height of the top of such signs shall not be higher than the height of the building permitted under the Zoning Ordinance. (f) Necessary entrance or directional signs for re- quired parking areas not more than five square feet in size located on the exterior of the building, which shall be placed as provided for in subdivision (a) of this sec- tion. Such signs may also be standing signs but must be located back of the street lines. (g) Signs identifying the builder or contractor in connection with buildings under construction for which a building permit has been issued and is in effect but on- ly during the period of construction, not more than forty- eight square feet in size and located on the building as provided for in subdivisions (a) and (b) of this section, or, if standing, to be mounted as provided for in subdi- -6- vision (d) of this section but not less than twenty-five feet back of the street line. (h) No sign permitted under subdivisions (a) to (g) inclusive of this section, shall face any adjoining lot in a residential zone. (i) At the entrance of buildings with business es- tablishments above the first floor, name plates of uni- form design and appearance at the entrance of each - such building and not more than eighteen inches in height may be mounted at the sides of such entrance provided they are placed flat against the wall adja- cent to the entrance. (j) Signs that otherwise comply with appropriate subdivisions of this Ordinance may bear either the name of the proprietor of the business conducted, the nature of the business, the goods sold, or the services rendered on the premises, or any or all of them. (k) Signs that otherwise comply with the appro- priate subdivisions of this Ordinance may be attached flat and parallel upon the wall of the building and per- mitted to extend over a public sidewalk, alleyway, highway or street, provided that such sign shall not project more than eighteen inches from the face of the building, and, if illuminated, then shields, hoods, or arms for such illumination shall not project more than two feet from the building. (1) Any sign now or hereafter existing which no longer advertises a bona fide business conducted, or a product sold shall be taken down and removed by the owner, agent, or person having the beneficial use of the building or structure upon which such sign may be found within ten days after written notification from the Building Inspector, and, upon failure to com- ply with such notice within the time specified in such order, the Building Inspector is hereby authorized to cause removal of such sign, and any expense incident thereto shall be paid by the owner of the building or . structure to which such sign is attached. Section 9 - Regulations of Signs in Office Building Districts. No sign shall be erected or maintained in the Of- fice Building Districts, OB-1 and OB-2 as estab- lished by the Zoning Ordinance of the Town of Mamar- oneck, except the following, but any sign permitted in a Residence District shall be permitted in Office Building Districts: (a) Signs announcing the name of the occupant or occupants of the building not more than thirty square feet in size and limited to one for each building and located on the exterior of the building. (b) Standing signs announcing the name of the occu- -7- 4} t b pant or occupants of the building erected on the prem- ises shall be permitted as provided for in subdivision (d) of Section 8 of this Ordinance, except that such standing signs shall be not less than fifteen feet from any street line. (c) Necessary entrance, exit, or directional signs for required parking areas not more than five square feet in size located on the -exterior of the building, or standing signs, which standing signs must be back of the street line. (d) No roof signs or projecting signs shall be per- mitted on any building in any Office Building District. (e) Name plates as provided for in subdivision (i) of Section 8 shall be permitted. Section 10 - Illuminated Signs, Special Signs, and Illumination of Buildings, all Zoning Districts. (a) No illuminated signs shall be permitted in any Residential Districts. (b) No exterior signs on any building or premises shall be illuminated after 12:00 midnight excepting on those places of business which shall remain open after 12:00 midnight, and they shall be extinguished at the time of closing of such business. (c) Illuminated signs shall be non-flashing and shall employ only light sources that are so located so that no source of illumination is exposed, except that neon signs or other exposed glowing glass-tube type, or exposed light source type signs, or attachments that swing, revolve, or otherwise move, or special fixture signs or devices, such as signs with clocks, barometers, thermometers, or other moving indica- tors, and signs with luminous paint or other metallic sparkle type paint, existing as of the effective date of this Ordinance, shall be permitted for the duration of their useful life but in no event longer than five years and shall not be replaced. If any signs existing as of the effective date of this Ordinance are of the flashing type, such signs so existing shall be removed or con- verted to a non-flashing type of sign which may then be permitted for the duration of their useful life as so converted, but in no event longer than five years, and shall not be replaced. (d) No illuminated sign or light-producing device shall be so located as to be in the direct line of vision to and beyond a traffic light from any point in the street serviced by such traffic light. (e) Signs having wholly or partly illuminated sur- faces shall have a maximum night-time illumination level of twenty foot candles measured at a distance of -8- i$r twenty-five feet at right angles from the face of the sign. (f) No ornamental lighting device attached to or used in connection with exterior part of a building shall be permitted, except that any such lighting de- vice existing as of the date this Ordinance becomes effective may continue for a period of thirty days thereafter. Nothing contained in this subdivision (f) shall apply to the regulations for illumination of Parking Lots and Other Spaces for the Sale or Dis- play of Motor Vehicles and Other Goods and Automo- bile Washing Establishments as contained in Article 24 - Sections 1 through 7 inclusive of the Building Code of the Town of Mamaroneck. (g) Except as specifically permitted in this Or- dinance, neon or glowing glass-tube type lighting, signs with parts or attachments that swing, revolve, or otherwise move, signs with clocks, barometers, thermometers, or other moving indicators, signs with luminous paint or with metallic sparkle type paint, or other neon or glowing glass-tube type light- ing, or any intermittent or flashing lighting on or about the exterior of a building for any purpose, is prohibited. Section 11 - General Safety Provisions. (a) No signs shall be erected in such a manner as to obstruct free egress from any window, door, or fire escape, or so as to become a menace to life, health, or property. (b) All signs affixed to any wall or building shall be securely fastened thereto. (c) All signs illuminated by electricity shall con- form with respect to wiring and appliances to the pro- visions of the Building Code of the Town of Mamaro- neck relating to electrical control. Section 12 - Variances. The Town Board of the Town of Mamaroneck may, in appropriate cases, and after public hearing and subject to appropriate conditions and safeguards, vary or modify the application of the sign regulations pre- scribed in this Ordinance in harmony with the general purpose and intent as follows:- (a) Permit signs to be erected or maintained which do not comply with the regulations herein prescribed for Business and Light Industry Districts or projecting signs provided the Town Board of the Town of Mamar- oneck determines that the applicant is entitled to some relief and that such relief will not be detrimental to the neighborhood in which the sign is located. -9- (b) Permit standing signs to be erected and maintained upon vacant property or open unoccupied areas provided, however, that such signs so per- mitted shall not exceed the equivalent of sign space allowed under the regulations prescribed for the dis- trict within which the sign is located. (c) Any variance granted shall be limited to a period not to exceed two years from the date granted with the right to appeal to the Town Board of the Town of Mamaroneck for renewal. The fore- going variance powers shall not be deemed to limit the general variance powers of the Town Board of the Town of Mamaroneck allowed or provided for in the Building Code of the Town of Mamaroneck and shall be deemed in addition thereto. Section 13 - Violations and Penalties. Any neglect or failure or refusal to comply with any provisions of this Ordinance shall be deemed a violation thereof, and an offense, and be punishable as provided for other violations of the Building Code of the Town of Mamaroneck. Each and every day such violations shall continue shall constitute a sep- arate offense. Section 14 - Validity. The invalidity of any part, clause, section or pro- vision of this Ordinance shall not invalidate any other part, clause, section, or provision thereof. Section 15 - Application of Ordinance. This Ordinance shall take effect immediately upon due publication and posting according to law and shall be construed as an exercise of the powers of the Town of Mamaroneck under Section 130, subdivisions 1 and 3 of the Town Law. Section 16 - Non-conforming Signs. All signs, other than illuminated signs as described in Section 10 of this Ordinance, which do not conform with the provisions of this Ordinance at the date of its adoption, shall be removed or changed to conform to the provisions of this Ordinance as follows:- (a) In all Residential Districts as established in the Zoning Ordinance of the Town of Mamaroneck, within one year from the date of the adoption of this Ordinance. -- (b) In Business and Light Industry Districts as es- tablished in the Zoning Ordinance of the Town of Mamar- oneck, within two years from the date of the adoption of this Ordinance. _10- a,$3 Section 17 - When Effective. Article 19 of the Building Code of the Town of Ma- maroneck, adopted April 27, 1937 and all amendments thereto, are hereby declared to be amended and super- seded by this Article 19 of the Building Code, which shall take effect immediately. and be it FURTHER RESOLVED, that the Zoning Ordinance of the Town of Mamaroneck, adopted June 29, 1959 and thereafter amended, is further amended as fol- lows:- 1. Section 410, Schedule of Regulations, and the Schedule of Permitted Uses in Residence Districts, referred to and made a part of Section 410, is amen- ded by repealing section 116" under "Accessory Uses" in the third column of said schedule, and enacting a new section 116" which shall read as follows:- "Signs as provided in Article 19 of the Building Code. " 2. Section 410, Schedule of Regulations, and the Schedule of Residence District Regulations, referred to and made a part of Section 410, is amended so that the column of said schedule headed "R-2F", shall read as follows:- "Fifty feet per dwelling unit. " 3. Section 410, Schedule of Regulations, and the Schedule of Permitted Uses in Business and Industry Districts, referred to and made a part of Section 410, is hereby amended as follows:- the column of said schedule headed "Permitted Accessory Uses", sec- tion "2", subdivisions (a), (b), (c) and (d); and sec- tion "3" in said column headed "Permitted Accessory Uses", are repealed, and in place thereof is enacted the following:- "Signs, exterior spot lighting, or other illumination of buildings as permitted by the Building Code". 4. Section 410, Schedule of Regulations, and the Schedule of Permitted Uses in Business and Industry Districts, referred to and made a part of Section 410, is amended as follows:- the column headed "Permitted Accessory Uses, Office Buildings, OB-1 and OB-2", section "2" is repealed, and in substitution thereof the following is enacted:- "Signs, exterior spot lighting or other illumination of buildings as permitted by the Building Code". 5. Section 421. 1, Terraces and Porches, is here- by repealed, and a new Section 421. 1 is enacted to read as follows:- "A paved terrace, not more than six in- ches above the level of the ground upon which it rests, whether adjacent to a dwelling or not, shall not be con- sidered in the determination of yard size or lot cover- age, provided, however, that such terrace is unroofed and without walls, parapets, or other forms of enclo- -11- sures; but such terraces may have an open guard rail not over three feet high and shall not project into any yard to a point closer than five feet from any side or rear lot line. Any porch, either open or enclosed, shall be considered a part of the building in the deter- mination of the size of the yard or the amount of lot coverage. " 6. The last sentence of Section 449, Existing Special Uses Deemed Conforming, is amended to read as follows:- "Any extension of or addition to such use or any enlargement or extension of any building or structure shall be subject to the require- ments of Sections 431 to 435 inclusive of this Ordi- nance, and said section shall apply to such extension, addition or enlargement of any use, building or structure in like manner as to original permitted special uses. " 7. Section 610, Effect on Issuance of Permits, is hereby amended to correct a typographical error by eliminating the word "and" on the second line be- tween the word "ordinance" and the words "for a per- ', iod of 60 days etc. " 8. Section 450. 4, Off-street Parking Require- ments, is hereby amended with reference to subdi- vision "b" of said section by repealing the present minimum requirements and to provide as follows:- "l-1/2 outdoor spaces for each dwelling unit lo- cated within two hundred feet by the most direct walk- ing route to, and shall be readily accessible to, the exterior entrance or entrances of the multi-family dwelling units they serve, and shall be in addition to any other space located within a garage. " 9. Section 220, Definitions - Sign, is hereby amended to read as follows:- "The term "sign" or "signs" as used in this Ordinance means any ma- terial or structure, or part thereof, composed of lettered or pictorial matter, or upon which lettered or pictorial matter is placed, which is used outside of, or on the exterior of any building for display of an advertisement, announcement, notice, directional matter or name, and includes signs, billboards, sign boards, illuminated signs or ground signs, but does not include signs erected and maintained pursuant to and in discharge of any governmental function. " 10. Section 447, Non-conforming Signs, is hereby repealed and a new Section 447 enacted to read as follows:- "Notwithstanding the provisions of this Or- dinance or the Building Code of the Town of Mamar- oneck as amended by this resolution, nothing con- tained in this resolution shall effect the status of signs which do not comply with the provisions of the Zoning Ordinance adopted by the Town of Mamaroneck on June 29, 1959, and effective on August 7, 1959, as of the date of the adoption of this resolution, except that -12- d v such signs may continue in use not longer than the period permitted by Sections 10 and 16 of the Build- ing Code as amended by this resolution. " - 11. Section 455. 2 is hereby amended to read as follows:- "In any residence district, no unenclosed off-street parking facility shall be developed within twenty-five feet of a front lot line, or shall be de- veloped within five feet of a side or rear lot line. Such driveway as is adequate to give access to the principal dwelling, garage, or carport shall not be considered in determining the front, side or rear lot line. " 12. Section 423, Minimum House Size, is hereby amended by adding a new sentence thereto, to read as follows:- "Where the second story area (in square feet) used for human occupancy exceeds the minimum first floor area as required by this Sec- tion and the Schedule of Residence District Regula- tions, referred to in Section 410 of this Ordinance, the minimum house size in square feet shall be the area of second story used for human occupancy. and be it FURTHER RESOLVED, that notice of the adoption of the foregoing resolution be published and posted according to law. NEW BUSINESS 1. Town Highway Garage The Supervisor presented the preliminary plans and cost estimates for the construction of a new Highway Garage and purchase of property therefor, and requested authorization for the issuance of bonds totaling $160, 000 subject to per- missive referendum, explaining that the remaining $9, 000 of the total estimated cost of $169, 000 was available in the 1963 Highway budget. During the ensuing discussion, Councilman Brush called to attention the condition and inadequacy of the existing Highway garages and Councilwoman Helwig to the incom- patible and unsatisfactory combination of recreation and highway presently at Cargill Park, and thereupon, follow- ing the Attorney's explanation of the conditions pertinent to a permissive referendum, on a motion offered by Council- ', man Kane and seconded by Councilman Cook, the following resolution was adopted by unanimous vote of the Board with all members present and voting thereon: BOND RESOLUTION DATED APRIL 17, 1963. A RESOLUTION AUTHORIZING THE CONSTRUCTION OF A HIGHWAY GARAGE, INCLUDING THE AC- QUISITION OF LAND FOR THE SITE THEREOF, IN -13- AND FOR THE TOWN OF MAMARONECK, WEST- CHESTER COUNTY, NEW YORK, AT A TOTAL ESTI- MATED COST OF $169, 000, AND AUTHORIZING THE ISSUANCE OF $160, 000 SERIAL BONDS OF SAID TOWN TO PAY A PART OF THE COST THEREOF. BE IT RESOLVED, by the Town Board of the Town of Mamaroneck, Westchester County, New York, as follows: Section 1. Pursuant to subdivision 4-a of Section 142 of the Highway Law, the following are hereby auth- orized in and for the Town of Mamaroneck, Westches- ter County, New York: (a) the acquisition of land ad- jacent to and lying between the joint incinerator plant and the New York State Thruway, consisting of approx- imately 26, 000 square feet, at a maximum estimated cost of $4, 000; and (b) the construction and equipment on the aforesaid land, of a garage building for the pur- pose of housing and storing machinery, tools, imple- ments and equipment owned by said Town, including the grading and improvement of the site thereof, at a maximum estimated cost of $165, 000. Section 2. The total estimated cost of the aforesaid specific objects or purposes is $169, 000, and the plan for the financing thereof is as fellows: a) By the expenditure of $9, 000 current funds of said Town, which will be provided pursuant to Section 107. 00 of the Local Finance Law prior to the issuance of the bonds herein authorized or bond anticipation notes issued in anticipation thereof; and b) By the issuance of $160, 000 serial bonds of said Town, hereby authorized to be issued pursuant to the Local Finance Law. Section 3. It is hereby determined as follows: a) That subdivision 21 (a) of paragraph a of Section 11. 00 of the Local Finance Law applies to the ac- quisition of the aforesaid land and that the period of probable usefulness thereof is thirty years; and b) That subdivision 11 (a) of said paragraph and Sec- tion applies to the construction of said building and that the period of probable usefulness thereof is thirty years; and c) That the maximum maturity of the serial bonds herein authorized will be in excess of five years. Section 4. The faith and credit of the Town of Mamar- oneck, Westchester County, New York, are hereby ir- revocably pledged to the payment of the principal of and interest on such bonds as the same become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest -14- on such bonds as the same become due and payable. An amount sufficient to pay such principal and interest shall be assessed, levied and collected, in the first instance from the several lots and parcels of land in said Town outside of any village, but if not paid from such source, all of the taxable real property within said Town shall be subject to the levy of ad valorem taxes to pay such principal and interest without limitation as to rate or amount. Section 5. Subject to the provisions of the Local Fi- nance Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the serial bonds herein authorized, including renewals of such notes, is hereby delegated to the Super- visor of said Town, the chief fiscal officer. Such notes shall be of such terms, form and contents, and shall be sold in such manner as may be prescribed by said Supervisor, consistent with the provisions of the Local Finance Law. Section 6. The validity of such bonds may be contested only if: 1. Such bonds are authorized for an object or purpose for which said Town of Mamaroneck is not author- ized to expend money, or 2. The provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such valid- ity is commenced within twenty days after the date of such publication, or 3. Such bonds are authorized in violation of the pro- visions of the Constitution. Section 7. Upon this resolution taking effect, the same shall be published in full in The Daily Times, the offi- cial newspaper, together with a notice of the Town Clerk in substantially the form provided by Section 81. 00 of the Local Finance Law. Section 8. This resolution is adopted subject to per- missive referendum. and be it FURTHER RESOLVED, that the Town Clerk is hereby authorized to publish notice of the adoption of the fore- going resolution in accordance with law. 2. Authorization for Deposit of Surplus Funds In accordance with a memorandum addressed to the Board by the Town Accountant under date of April 10th and here- with ordered received and filed for the record, on motion by -15- Councilman Kane, seconded by Councilwoman Helwig, it was unanimously RESOLVED, that the Supervisor be and he hereby is authorized to deposit funds in an amount not to ex- ceed the sum of $800, 000. 00 in the depositories of the Town of Mamaroneck -- The County Trust Company The First National Bank of Mount Vernon The National Bank of Westchester The First Westchester National Bank for a period of 6 months at not less than 3-1 /2% in- terest, all of which banks have qualified with the reg- ulations provided in Section 11 of the General Munic- ipal Law. COMMUNICATIONS 1. Correspondence re Refuse Disposal Area Permit The Clerk presented copy of a letter enclosing Refuse Dis- posal Area Permit RDA-63-7 addressed to the Larchmont- Mamaroneck Joint Garbage Commission by R. M. McLaugh- lin, Director of the Division of Environmental Sanitation of Westchester County under date of April 1, 1963, together with reply thereto, which were herewith ordered received and filed for the record. REPORTS The Town Clerk The Clerk presented the following reports which were or- dered received and filed: Town Clerk's Report for the month of March, 1963. Report of the Westchester Shore Humane Society, Inc. for the month of March, 1963. Report of Receipts and Disbursements, Town of Mamaroneck, for the period from January Istthrough February 28th, 1963. The Supervisor -- 1. Request of Village of Mamaroneck (Transfer of County Surplus Lands from Town to Village) The Supervisor presented a letter addressed to him by Mr. Santoro, Village Manager of the Village of Mamaroneck, re- questing that Parcel QQ, located on Bryant Circle in that Village, along with other County Surplus Lands located in the Village, be transferred from the Town (to which, under pres- ent County policy such properties are deeded) to the Village, which was ordered received and filed for the record. -16- Whereupon, in accordance with the Supervisor's request for authorization to indicate to the County the Town's will- ingness to consent to such transfer, on motion by Council- man Cook, seconded by Councilwoman Helwig, it was unanimously RESOLVED, that the Supervisor be and he hereby is authorized and directed to request the County's per- mission to convey Parcel QQ of County surplus land, located on Bryant Circle in the Village of Mamaroneck and conveyed to the Town pursuant to an Act of the Board of Supervisors and in accordance with the then existing County policy on condition that the property be used only for park and/or recreation purposes, from the Town to the Village in accordance with present County policy to the effect that such parcels, when they lie exclusively in the Village of any Town, may, with the consent of the Town affected, be conveyed to the Village in which they lie under the same terms and con- ditions upon which the Town received the parcel from the County. 2. Westchester County Tax Commission Meeting The Supervisor presented a notice of the Westchester County Tax Commission meeting to be held on April 26th at 1 ;30 p. m. in the Assessor's Office, which was referred to Councilman Cook, who stated that he would attend the meeting. 3. Communication from Pryer Manor Association The Supervisor recognized Mr. John Mann, President of the Pryer Manor Association, in connection with a communi- cation which he presented at this time, addressed to him by the Association on April 14th in protest to pigeon coops erected just beyond Pheasant Run, which was herewith or- dered received and filed for the record. Mr. Mann, in addressing the Board, noted for the record that the Association had been incorporated and was therefore now the Pryer Manor Association, Inc. He then stated that there were several matters which he wished to bring to the Board's attention. First, with ref- erence to the pigeon coops, he explained that the Association was not opposed to the birds but that there was the technical question of whether or not the coops should exist, and in ad- dition, the unsightly and nuisance factors their existance caused to the residents of the area. The Board, following discussion of this matter, directed that it be put over to the next meeting, pending personal viewing by each of the members this Saturday morning. Mr. Mann then requested that the Association be notified if the Town received a request by a New Rochelle resident to hook into a Town sewer, which was referred to the En- -17- 5 gineer for attention and follow-up as requested. Lastly, Mr. Mann expressed the Association's thanks and appreciation to the Board, Highway Superintendent and En- gineer for the drain installation at the foot of Dillon Road and assistance with the water problem in the area. Councilwoman Helwig -- 1. Dutch Elm Program Councilwoman Helwig presented a letter, addressed to the Supervisor by Henry L. Page, Director of the State of New York Department of Agriculture and Markets under date of April 16, 1963, in reply to his letter of April 11th requesting extension of the immunity for tree removal purposes to De- cember 31st, stating that such extension would be granted upon submission of list of diseased trees and plan of work following completion of this year's scouting program, which was herewith ordered received and filed for the record. 2. Recreation a) Application for State Aid Councilwoman Helwig presented for approval the Rec- reation Project Application to the New York State Youth Commission for State Aid, and thereupon, on motion by her and seconded by Councilman Brush, it was unani- mously RESOLVED, that this Board hereby approves the Recreation Project Application to the New York State Youth Commission, requesting State Aid in the amount of $Z, 517. 50 for the periodfrom June 1, 1963 to May 31, 1964. b) Attendance, Annual Recreation Conference Upon Councilwoman Helwig's request and on her mo- tion, seconded by Councilman Brush, it was unanimously RESOLVED, that this Board hereby authorizes the Superintendent of Recreation to attend the Annual Recreation Conference of the State of New York, to be held in Glens Falls from April 28th through May 1st, 1963, with ex- penses in an amount not to exceed the sum of $125. 00 paid from the 1963 Recreation budget. Councilman Kane -- Councilman Kane stated that he had no report to present at this time. -18- as Councilman Brush -- Councilman Brush stated that he had no report other than that pertaining to Fire matters. Councilman Cook -- Councilman Cook stated that he had no report to present at this time. The Town Attorney -- 1. Public Notice - Zoning Board of Appeals Village of Larchmont The Attorney presented notice of an April Z4th meeting of above-named Board to consider an application for a var- iance by Henry J. Blossy, which was ordered received and filed since it required no action by this Board. Z. Dog Bill The Attorney reported that the bill permitting payment of contract charges to the Humane Society by the Town, Outside of Villages was on the Governor's desk for signature. The Town Engineer -- 1. Request for Resolution -- (Dillon Park Force Main and Shadow Lane Pumping Station) In accordance with the Engineer's request and following some discussion of the County report of the February 18th meeting on the subject force main and pumping station, herewith presented and ordered received and filed, on mo- tion by Councilman Kane, seconded by Councilman Cook, the following resolution was adopted unanimously: RESOLVED, that the Westchester County Department of Public Works is hereby informed that the Town of Mamaroneck is willing to enter into an agreement in substance as recommended by the County, subject to the approval of the Town Attorney and Town Engineer, with respect to the modification to the sewage system described in the County Report of the meeting held on February 18, 1963 relative to the Dillon Park force main and the Shadow Lane pumping station provided the Town of Mamaroneck (or any district within the unincorporated area thereof) shall not be obligated to defray any part of any capital cost of construction nor perform maintenance, or defray any cost of main- tenance on any sewers outside the limits of Sewer District No. 1 which may exist or may be constructed as a consequence of such agreement. -19- The Clerk was directed to forward a certified copy of the foregoing resolution to the County Public Works Department in accordance with the Engineer's direction. ADJOURNMENT There being no further business to come before the meeting, on motion duly made and seconded, it was declared adjourned -- at 9:10 p. m. , to reconvene on May 1st, 1963. 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 for payment the Fire Department claims, which had been audited by the Comptroller and approved by the Fire Chief, and on his mo- tion, seconded by Commissioner Kane, it was unanimously 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 from the 1963 Fire Department budget: Chatsworth Oil Co. $ 178. 61 Con Edison 5. 00 I & T Plumbing Co. 42. 20 Wm. B. Lemon 38. 75 Malz & Grace 25. 00 N. Y. Telephone Co. 7. 12 George Roberts 97. 01 Ronconi Lawn Mower Service 64. 75 State Insurance Fund 1, 464. 21 New Rochelle Water Co. 60. 00 Westchester Joint Water Works 2, 670. 00 $ 4, 652. 65 Z. Other Business It was suggested, after some discussion, that the Fire Protection Notices be mailed out with the tickets to the coming Firemen's Ball. 3. Adjournment There being no further business to come before the meeting, on motion duly made and seconded, it was declared adjourned at 9:15 p. m. , to reconvene on May 1 st, 1963. / j i Town Jerk -20-