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HomeMy WebLinkAbout1963_05_15 Town Board Minutes MINUTES OF A REGULAR MEETING OF THE TOWN BOARD OF THE TOWN OF MAM_A.RONECK, HELD MAY 15th, 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 Mr. Paonessa - Building Inspector PUBLIC HEARING - Application for Special Permit Badger Sports Club, Inc. On motion by Councilman Kane, seconded by Councilman Brush, it was unanimously RESOLVED, that the public hearing be and it now is declared open. The Clerk presented the affidavit of publication of the notice of hearing for the record, and the Attorney, at the Supervisor's re- quest, briefly reviewed the application. The Supervisor then recognized Mr. Edward J. Egan, appear- ing on behalf of the applicant, and inquired whether anyone else wished to be heard either in favor of or in opposition to the ap- plication as submitted - and thereupon, since there were none, on motion by Councilman Brush, seconded by Councilman Cook, it was unanimously RESOLVED, that the hearing be and it now is de- clared closed. Whereupon, in response to the Supervisor's query of the Board's pleasure on the question, on a motion by Councilman Kane, seconded by Councilman Cook, the following resolution was adopted by unanimous vote with all members of the Board present and voting: -I- WHEREAS, Badger Sports Club, Inc. , as lessee, and John H. Collins, as owner, have submitted an appli- cation and plans for the construction of a new game gear Storage Building and toilet rooms on the premi- ses owned by John H. Collins and leased by the Bad- ger Sports Club, Inc. , which premises are known as Block 211, Parcel 333 on the Tax Assessment Map of the Town of Mamaroneck; and WHEREAS, the applicant has applied to this Board for a special permit as provided in Sections 410, 432, and 449 of the Zoning Ordinance of the Town of Mamaro- neck; and WHEREAS, a public hearing was duly called before this Board for this meeting pursuant to Section 432 of the Zoning Ordinance; and WHEREAS, the Board has examined the plans and finds that the conditions and standards required by subdivisions 432. 1, 432. 2, 432. 3 and 432. 4 of the Zon- ing Ordinance have been met; NOW, THEREFORE, BE IT RESOLVED, that the application of the Badger Sports Club, Inc. is granted, and the Building Inspector is authorized to issue a special permit for the construc- tion of a building or structure covered by the plans filed with him, provided that said application com- plies in all other respects with the Building Code and Zoning Ordinance of the Town of Mamaroneck. OPENING OF BIDS - Purchase of Top Soil The Clerk presented the affidavit of publication of the notice for bids for the record, and opened and read aloud the follow- ing bids: Bidder Bid (Price per cubic yard) John Delvito $ 5. 00 Budd Kalba 4. 50 Charles Giacomo Contractor 3. 90 Whereupon, on motion by Councilwoman Helwig, seconded by Councilman Kane, it was unanimously --- RESOLVED, that this Board, acting for the Commis- sion of Park District No. 1 Town of Mamaroneck, hereby accepts the bid of the low bidder, to-wit the bid of Charles Giacomo Contractor, for furnishing to the Town of Mamaroneck for use in the construction of Myrtle Boulevard Park and Playground, topsoil in the amount of not less than 500 cubic yards, con- -2- i.J forming with all details set forth in the specifica- tions therefor and subject to inspection by the Town Engineer and Park Department Foreman. OLD BUSINESS There was no old business to come before the meeting. NEW BUSINESS 1. Application for Construction of Bridge (Howard Cantor, 925 Fenimore Road) The Clerk presented a letter addressed to the Town En- gineer by Howard Cantor of 925 Fenimore Road under date of May 6, 1963, applying for permission to construct a bridge, in place of an old one, plans for which had been filed with the Town Engineer, together with a memoran- dum addressed to the Board by the Engineer under today's date pertaining thereto, which were herewith ordered re- ceived and filed for the record. Following discussion of the proposed construction, dur- ing which the question of the necessary removal of several trees located on Town property was raised, it was directed that this matter be put over pending further study and re- port at the next meeting. 2. Installation of New Street Light (Homer & Murray Avenues) In line with the street lighting improvement program and in accordance with a memorandum addressed to the Super- visor and Councilmen by the Town Engineer under date of May 9, 1963, herewith filed for the record, on motion by Councilman Kane, seconded by Councilman Brush, it was unanimously RESOLVED, that the Town Engineer be and he hereby is authorized to install a new Quadriliner-type street light at the corner of Homer Avenue and Murray Ave- nue (CBY-JA), with the Admiral's hat-type light to be moved from that location to pole #CBY-KA, at a cost not to exceed the sum of $100. 00. COMMUNICATIONS 1. Public Notice, Zoning Board of Appeals Village of Larchmont The Clerk presented notice of meeting to be held by the Zon- ing Board of Appeals of the Village of Larchmont on May 15, 1963, to consider applications for renewal of special permit for operation of play school, and for special permit to move a garage, which had been referred to the Attorney, and which up- on his advice that no action was required by the Town, was -3- ordered received and filed. 2. Public Notice, Board of Appeals Village of Scarsdale The Clerk presented notice of public hearing to be held by the Board of Appeals of the Village of Scarsdale on May 23, 1963, to consider applications for the construction of family- type swimming pools by residents of #6 and #18 Stonewall Lane, which properties lay in both the Town of Mamaroneck and the Village of Scarsdale. For this reason following some discussion, these appli- cations were referred to the Building Inspector and At- torney for investigation and any action deemed necessary on behalf of the Town with report thereon at the next meeting of this Board. 3. Request for Authorization of Expenditure Board of Police Commissioners (Not on Agenda) In accordance with request of the Police Commission of today's date, herewith presented and ordered received and filed for the record, on motion by Councilman Brush, sec- onded by Councilwoman Helwig, it was unanimously RESOLVED, that this Board hereby authorizes the ex- penditure of an amount not to exceed the sum of $125. from the proper item in the 1963 Police Department budget, to cover luncheon expenses for all members of the Department while attending a program of fire- arms training at the F. B. I. ranges, Camp Smith, New York, to be held from May 20 - 23rd, 1963. 4. Staffing of Office - Memorial and Fourth of July Weekends - (Not on Agenda) In accordance with request of the Office staff, the Board by common consent on motion duly made and seconded, unan- imously RESOLVED, that the Town of Mamaroneck Offices oper- ate with a staggered office force over the Memorial Day and Fourth of July weekends with each Department Head responsible for covering his department. REPORTS The Town Clerk -- The Clerk presented the following reports, which were or- dered received and filed for the record: Report of the Building Inspector for the month of April, 1963. 4 611 Town Clerk's Report for the month of April, 1963. Report of the Westchester Shore Humane Society, Inc. for the month of April, 1963. Report of Receipts & Disbursements, Town of Mamaroneck, for the period from January 1 through April 30th, 1963. The Supervisor -- 1. Proposed Harbor Improvement The Supervisor presented a brief report of a meeting held last Friday, May 10th, in Congressman Reid's Harrison Of- fice with representatives of the United States Army Corps of Engineers for the purpose of discussing the improvement of Larchmont Harbor. He stated that the Engineering Corps would undertake to make a study, entirely at government ex- pense, if the Town were definitely interested in such project and requested that if this were the case, the Board so indi- cate by adopting a resolution to this effect to be forwarded to Congressman Reid for presentation to the Engineering Corps. Whereupon, following some discussion during which it was pointed out that only through such a study could the Town's interest be definitely determined, on motion by Councilwoman Helwig, seconded by Councilman Cook, the following resolution was adopted by unanimous vote of the Board with all members thereof present and voting: RESOLVED, that it is the feeling of this Board that the improvement of Larchmont Harbor for use by recreational small craft, either by the Town of Mamaroneck, or as a joint project between the Town and Village of Larchmont, would be desirable and of benefit to the residents of the Town, and therefore the Town hereby requests Congressman Ogden Reid to apply to the United States Army Corps of Engineers to make such studies as are necessary to determine the cost of such im- provement project so as to better be able to deter- mine any further action on its part with regard to such improvement. Councilman Kane -- 1. Street Lighting - Griffen Avenue Councilman Kane presented a memorandum addressed to the Board by the Town Engineer under today's date, advising the Board that he had contacted Scarsdale with regard to a joint lighting program for the easterly end of Griffen Avenue, which was ordered received and filed pending reply from that Vil- lage. 2. Control of Fires at Dump -5- For the Board's information, Councilman Kane presented a written schedule of the "Rules for Control of Dump and Reduc- tion of Fire Hazard" at the Hommocks Dump, established by the Engineer and Fire Chief in accordance with direction of the Board at its May 1st meeting, which was herewith ordered received and filed for the record. Councilman Brush -- 1. New Haven Railroad Councilman Brush called to attention the press reports of the proposal presented to the Trustees of the New Haven Rail- road by Governor Rockefeller which, according to the follow- ing day's press, had been rejected on the ground that it would not solve the commuter deficit problem because it called for no "public underwriting" of the costs of commuter service, but with the Trustees stating, however, that they would be willing to discuss the matter further with New York officials. Under the terms of this proposal, the railroad would spend $900, 000 annually on a new suburban equipment program, add- ing air-conditioned, modern cars to the line - and at the same time through such factors as tax relief, ground rentals at Grand Central Terminal and maintenance savings, realize more than $5. 5 million a year with the impetus for the pro- gram provided by a $25 million New York State-guaranteed bond issue by the Port Authority for the purchase of 100 new cars and rehabilitation of an additional 100 cars of pre- 1931 age to be leased to the railroad. Following discussion which concluded with the Supervisor remarking that as far as the Town was concerned, its interest lay solely in the perpetuation of the railroad's service not- withstanding the attitude of the Trustees and suggesting that on behalf of the Town a resolution requesting the Trustees to give further and favorable consideration to the proposal be adopted and forwarded to the Trustees, Judge Robert P. Anderson of the Federal Court in Connecticut, and Dr. William J. Ronan, Secretary to the Governor, on motion by Councilman Brush, seconded by Councilman Cook, the following resolution was adopted by unanimous vote of the Board, all members thereof being present and voting, to be forwarded as hereabove in- dicated: WHEREAS, Governor Rockefeller has submitted a certain proposal to the Trustees of the New Haven Railroad; and WHEREAS, the Trustees of said Railroad have rejected the proposal; and WHEREAS, the Town of Mamaroneck is vitally interested in continuing and maintaining the New Haven Railroad commuter service; NOW, THEREFORE, BE IT RESOLVED, that this Board hereby earnestly requests that the Trustees of the New Haven Railroad give further consideration to the proposal submitted by Governor Rockefeller. -6- -Councilwoman Helwig -- 1. Reappointment - Recreation Commission (Mrs. Olney Steffens) Councilwoman Helwig advised the Board of the expiration of Mrs. Steffens' term of office as a member of the Recre- ation Commission on May 20th, recommending her reap- pointment to this post. Whereupon, on her motion, which was unanimously sec- onded with highest commendation paid to Mrs. Steffans for her outstanding service to this Town, it was unanimously RESOLVED, that Mrs. Olney R. Steffens of 15 Briar- cliff Road, Town, be and she hereby is reappointed a member of the Town of Mamaroneck Recreation Commission, for a five-year term of office commen- cing May 21, 1963 and terminating May 20, 1968. Z. Approval of Appointment - Recreation Department (Part-time Typist-Secretary) In accordance with a request addressed to the Board by the Recreation Superintendent under date of May 15, 1963 re- questing approval of the appointment of a part-time Typist- Secretary, herewith received and filed, on motion by Council- woman Helwig, seconded by Councilman Brush, it was unan- imously RESOLVED, that this Board hereby authorizes the ap- pointment of Miss Barbara Panseri as part-time Ty- pist-Secretary to the Recreation Department for the balance of May and June at $1. 50 per hour and full time for the months of July and August, 1963. 3. Announcement of Summer Recreation Program Councilwoman Helwig presented a copy of the Town of Mamaroneck Recreation Commission Summer Program for 1963 for the record, which was ordered received and filed. 4. Park Commission (Conducted Tour of Parks) Councilwoman Helwig announced the tour of the Town parks to be conducted by Mr. Oliver, Chairman of the Park Commission, on Saturday at 2 p. m. Councilman Cook -- 1. Fire - Avonmore Apartments, Dillon Road Councilman Cook and Mr. Frank Pickett, Assistant Direc- tor of Civil Defense, called the Board's attention to the fine -7- Pi � W work of the Civil Defense Director, Edward S. Hartley, in handling the recent fire at the Avonmore Apartments, with particular regard to provision of emergency accommoda- tions for tenants, etc. Mr. Pickett also commended the Red Cross forces for the assistance given in handling mat- ters at this time. The Board, after verbally expressing its praise for Mr. Hartley, his staff, and the Red Cross, requested the Supervisor to write Mr. Hartley on its behalf, expressing its feelings, satisfaction, and sentiments to those who had performed so splendidly at the time of the fire. Z. Radio Communications Center Councilman Cook advised the Board of the completion of the Radio Communications Center, inviting the members to visit and inspect the completed room after this meeting or at their earliest convenience. 3. Civil Defense Booklet Councilman Cook presented for the record a copy of the brochure entitled, "What You Can Do In A Nuclear Attack" and requested the Board to give consideration to the matter of dispensing same to the citizens of the community. 4. Master Plan Councilman Cook reported that the Committee (Mrs. Hel- wig, Mr. Bloom, Mr. Maggini, and himself) had met and would shortly receive the formal application , which would be processed promptly. The Town Attorney -- 1. Hartford Accident and Indemnity Claim In accordance with the Attorney's recommendation for settlement of claim of the Hartford Accident and Indemnity Company in the amount of $50. 00 as presented in communi- cation of May 8th, 1963, herewith presented and filed for the record, on motion by Councilman Brush, seconded by Councilman Cook, it was unanimously RESOLVED, that this Board hereby authorizes pay- ment of the sum of $50. 00 to the Hartford Accident and Indemnity Company for settlement of claim of George Wood in that amount paid by said company under Town policy containing a $50. 00 deductible property damage clause. 2. Humane Society Contract (Proposed Bill) 8- The Town Attorney reported that the Governor had vetoed the bill (A. I. 5037 - Print No. 5693) introduced by Rules Committee at the request of Assemblyman Gioffre in the As- sembly and Senator Meighan in the Senate, to amend the Ag- riculture and Markets Law so as to exempt property in the villages from payment of the amount paid to the Humane So- ciety for seizure and impoundment of dogs. He further stated that the Governor had indicated that objections had been made to the bill by the Attorney General, Comptroller and Office of Local Government on the ground that it was not clear whether the proposed bill exempted property in the villages or allowed the Town Board to do so. He also pointed out that since the bill had been introduced very late in the session, it had not been possible to contact the ob- jecting State agencies or departments -- and he therefore suggested that the bill be re-submitted next year in such form as to meet the objections which had been raised this year. 3. Fixing of Fees —Marriage Licenses Following the Attorney's presentation of a report forwarded to all Town Clerks in Westchester County by the Legislation Committee of the Board of Supervisors of Westchester County stating that Chapter 297 of the Laws of 1963 amended the Do- mestic Relations Law (Section 14-a) so as to require that the Town Board instead of the Board of Supervisors fix the fee to be paid to Town Clerks for the issuance of a Marriage Li- cense or a Certificate thereof in accordance with the sums fixed by the said Board of Supervisors, herewith received and filed, he requested that a resolution be adopted in com- pliance with this report. Whereupon, on motion by Councilman Brush, seconded by Councilman Cook, it was unanimously RESOLVED, that pursuant to Section 14-a of the Do- mestic Relations Law as amended by Chapter 297 of the Laws of 1963, the Town Board of the Town of Ma- maroneck hereby fixes the fees for issuance of a certificate of marriage registration at $1. 00, and for issuance of a similar certificate issued for marriage previously indexed and recorded in the Town Clerk's Office at $2. 00. 4. Public Service Commission Notice The Attorney presented notice of petition by The Yonkers Transit Corp. to amend route on the New York State Thru- way (New England Section) between the cities of Rye and New Rochelle, the town of Mamaroneck, and villages of Larchmont and Mamaroneck, as described in petition verified April 26, 1963, which was ordered received and filed upon the Attorney's advice that no action was re- quired of this Board at the hearing on May 27th, 1963. -9- 5. Office of Local Government Municipal Law Seminar In accordance with the Attorney's request, on motion by Councilman Kane, seconded by Councilwoman Helwig, it was unanimously RESOLVED, that this Board hereby authorizes the Town Attorney, John L. Delius, to attend the sec- ond Municipal Law Seminar to be held in Albany - New York, on June 4th and 5th, 1963, by the Office For Local Government, with expenses to be paid from the proper item in the 1963 Law Department budget in an amount not to exceed the sum of $75. 00. 6. Conference - Association of Towns Department of Audit and Control In accordance with request of the Attorney and Accountant, on motion by Councilman Brush, seconded by Councilman Cook, it was unanimously RESOLVED, that this Board hereby authorizes the Attorney and Town Accountant to attend a con- ference of the Department of Audit and Control, As- sociation of Towns, to be held at the Bear Mountain Inn on May 20th, 1963, with expenses to be paid from the proper items in the 1963 budget in an amount not to exceed the sum of $20. 00. 7. Action - Town of Mamaroneck Against Tenner & Datino The Attorney reported that the action brought by the Town of Mamaroneck against Tenner & Datino to enjoin the use of certain property formerly belonging to the Prince estate, located approximately 1100 feet easterly of Old White Plains Road and known as Block 333, Parcel 836 on the Tax Assess- ment Map of the Town of Mamaroneck, was on the calendar and would be reached for trial early next month. For the Board's further information, he briefly reviewed the history of the case, advising that the attorney repre- senting Mr. Tenner, (Datino being in default), had submitted an offer to settle the suit on the basis of a stipulation pro- viding: 1) That Tenner would abandon and discontinue for all time any right he may have asserted to use the premises for other than residential purposes. 2) That the removal of a pigeon loft or house which had been erected on said property by Datino since this action was commenced would be re- quired. 3) That a consent decree would be entered in the -10- action enjoining both defendants from using the property and the buildings thereon for com- mercial nursery and accessory or related use, or for any other business or commercial use. 4) That the premises must be vacated by Datino on or before June 1, 1963, and if not so vacated, that Tenner would bring proceedings to dispo- sess him as a tenant, but that if Tenner is un- able to do so, the Town of Mamaroneck, as plaintiff in the action, may hold him for con- tempt of court. and requested authorization to so proceed if this were the pleasure of the Board. Whereupon, on motion by Councilman Cook, seconded by Councilman Brush, it was unanimously RESOLVED, that this Board hereby approves the proposed settlement of the action brought by the Town of Mamaroneck against Tenner Et Al. 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 June 5th, 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 of payment the following Fire Department claims, which had been au- dited by the Comptroller and approved by the Fire Chief, and on his motion, seconded by Councilman Cook, 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. $ 76. 85 Con Edison Co. 5. 00 Franklin Cleaners 40. 25 Humble Oil Co. 67. 85 Klein's 57. 78 William B. Lemon 64. 25 McGuire Bros. Inc. 5. 00 N. Y. Telephone Co. 7. 43 -11- Plaza Pharmacy 8. 71 William E. Rickert 2. 15 Ronconi Lawn Mower Service 18. 49 Carmelo Santoro & Son 826. 00 Village of Larchmont 41. 82 Total $1, 221. 58 2. Reports There were no reports to be presented at this time. 3. Communications There were no communications to be presented. 4. Other Matters 1. Fire Chiefs Convention Commissioner Brush, after advising the dates of the Fire Chiefs annual meeting, moved the following resolution in accordance with the Fire Chief's re- quest, which was seconded by Commissioner Kane and adopted by unanimous vote, RESOLVED, that this Commission hereby au- thorizes the expenditure of not to exceed the sum of $300. 00 from the proper item in the 1963 Fire Department budget, to cover dele- gates' expenses at the Annual Convention of Fire Chiefs, to be held in Monticello, New York, June 2nd - 5th, 1963. 2. Mr. Frank Pickett - Mr. Pickett addressed the Commission, stating that he would like to formally express in the presence of both this Commission and the Fire Chief, the tribute paid to the department by the Red Cross organization for its outstanding job performance at the Avonmore Apartment House fire. The Commission thanked Mr. Pickett and expressed its praises and commendation to the Chief to be passed along to the department personnel. 5. Adjournment There being no further business to come before the meeting, - on motion duly made and seconded, it was declare ,adjourned at 9:35 p. m. , to reconvene on June 5th, 1963. Ai � 4 T{{ n e rk J -12-