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HomeMy WebLinkAbout1959_05_06 Town Board Minutes s.; MINUTES OF A REGULAR MEETING OF THE TOWN BOARD OF THE TOWN OF MAMARONECK, HELD MAY 6th, 1959, 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. PRESENT. Mr. Burchell, Supervisor Mr. Santoro, Councilman Mr. Kane, Councilman Mr. Brush, Councilman Mrs. Helwig, Councilwoman ABSENT. None ALSO PRESENT. Mr. Gronberg - Town Clerk Mr. Delius - Town Attorney Mr. Friedlander - Town Engineer Mr. Finson - Accountant Mr. Orsino - Comptroller Mr. O'Brien - Highway Superintendent Mrs. Brewer - Secretary OLD BUSINESS a. Report on Request of H. B. Pritz to Park Mobile Home In the matter of Mr. Pritzts request for permission to park a 241 mobile home behind the home of his parents at 55 Har- mon Drive, Town, which was brought before the Board at the April 15th meeting, the Clerk advised that there were no ob- jections to the granting of this request on the part of the neighboring property owners, and on motion by Councilman Kane, seconded by Councilwoman Helwig, it was unanimously RESOLVED that this Board hereby grants permis- sion to Howard B. Pritz to park a 241 mobile home behind the home of his parents located at 55 Har- mon Drive, Town, for a period of thirty (30) days from June 1st to June 30th, 1959. The Board directed the Clerk to so inform Mr. Pritz ex- tending the Board's best wishes to him. b. Report of Committee on Alteration of Election Districts The Clerk, as Chairman of this Committee, submitted a map showing the recommended alterations of the Ninth and Tenth Election Districts in the Town of Mamaroneck and re- quested approval thereof. Whereupon, on motion by Councilman Kane, seconded by Councilman Brush, it was unanimously RESOLVED that the Election District Map sub- mitted at this meeting, as amended, altering - the Ninth and Tenth Election Districts in the Town of Mamaroneck be and it hereby is ap- proved; and be it FURTHER RESOLVED that the boundaries of said Ninth and Tenth Election Districts in the Town of Mamaroneck, as shown on said map, be and they hereby are described as follows. DISTRICT NO, 9 Bounded on the south by the center line of Bos- ton Post Road; on the east by the center line of Larchmont Avenue and East Avenue; on the north by the New York, New Haven and Hart- ford Railroad tracks; and on the west by the Town of Mamaroneck--Village of Larchmont boundary line. DISTRICT NO. 10 Beginning at a point where the boundary linebe- tween the City of New Rochelle and the Townof Mamaroneck intersects the center line of the New York, New Haven and Hartford Railroad tracks; thence easterly along center line of New York, New Haven and Hartford Railroad tracks to its intersection with the boundary line be- tween the Village of Larchmont and the Town of Mamaroneck; thence southerly along said boun- dary line to the center line of Boston Post Road; thence easterly along the center line of Boston Post Road to its intersection with the center line of Beach Avenue; thence southerly along center line of Beach Avenue to the high water line of Long Island Sound; thence southwesterly and northwesterly along the high water line of the waters of Long Island Sound to its intersec- tion with the boundary line between the City of New Rochelle and the Town of Mamaroneck; thence in a generally northerly direction along the said City of New Rochelle--Town of Mamar- oneck boundary line to the point or place of be- ginning, NEW BUSINESS a. Appointment of Trustee to Police Pension Fund Upon the Supervisor's request that a Trustee be appointed to the Police Pension Fund to fill the vacancy created by the resignation of former Councilman Waterman, it was on mo- tion by Councilman Santoro, seconded by Councilwoman Hel- wig, unanimously RESOLVED that Town Councilman C. Benjamin Brush, Jr. be and he hereby is appointed a mem- ber of the Board of Trustees of the Police Pension Fund to fill the vacancy created by the resignation of former Town Councilman Jeremiah C. Water- man and to serve for his unexpired term or until December 31, 1959. COMMUNICATIONS a. Request for Decal Section in Parking Area--Larchmont Gar- dens Civic Association The Clerk read a communication from the Larchmont Gar- dens Civic Association, dated April 21, 1959, requesting that adequate portions of the two lots which the Board pro- poses to pave with Blacktop be reserved for town residents on a decal basis with an annual charge to be fixed by the Board. The Board directed that this communication be received and filed with decision thereon reserved until completion - of the paving of the lots. b. Request to Erect Fence--Wilbur F. Burt, Jr. , 4 Senate Place The Clerk read a letter from Wilbur F. Burt, Jr, of 4 Senate Place, Town, requesting permission to erect a stockade type fence, five feet high, on the back side of his property, extending 49 feet from the rear between his property and that of Mr. George Kollanse at 2 Senate Place, Town. The Board directed the Clerk to follow the usual pro- cedure, scheduling the matter on the agenda for the next meeting and meanwhile notifying neighboring property owners of,,the request and allowing time for the members of the Board personally to inspect the site of the proposed fence. c. Complaint of Zoning Violation--Roger B. Sinclair and d. Complaint of Zoning Violation--Leland B. Monroe The Clerk read communications from Roger B. Sinclair - of 20 Harrison Drive, and Leland B. Monroe of 32 Harrison 1 ^+ 11 Drive, Town, dated April 27th and 28th, 1959, calling to the Board's attention the violation of the Zoning Ordinance of the Town of Mamaroneck in the Harrison Drive area and requesting the Board to terminate these violations. The Supervisor reviewed the situation and stated that since the Building Inspector had served notice of said violations previously, he felt the Town Attorney should be instructed to serve formal notice of violation and if such notice was not complied with to take such legal action as necessary to terminate these violations. Whereupon, after discussion, on motion by Councilman Santoro, seconded by Councilman Kane, it was unanimously RESOLVED that the Town Attorney be and he hereby is authorized to write the following persons giving notice of violation of the Zon- ing Ordinance of the Town of Mamaroneck: John Roma - 12 Harriosn Drive Mr. & Mrs. Vincenzo S. Nesci - 14 Harrison Drive Mr. & Mrs. Orlando P. Ciofrone- 23 Harrison Drive and be it FURTHER RESOLVED that if said notice is not complied with, the Town Attorney be and he hereby is authorized to institute the neces- sary civil action to terminate said violations. e. Request to Use Town-owned Property--R.A. Novak The Clerk read a letter from R. A. Novak of 1331 Boston Post Road, Town, submitting a proposal whereby he be per- mitted to continue to use certain Town-owned property with- out payment of rent provided he continue pipe installation in said property with the same cost arrangement established by the Town on the previous installation. The Board referred this matter to the Supervisor and Councilman Santoro for detailed study and report. COMMUNICATION (Not on Agenda) 1) Request to Erect Fence--Thomas M. Pierce, One Bruce Road The Clerk read a letter from Thomas M. Pierce of One Bruce Road, Town, requesting permission to erect a - stockade fence around one-half of his property located at One Bruce Road; said fence to be six f eet in height on the side of the property facing Old White Plains Road and six feet in height on the side bordering property owned by Mr. and Mrs. Richard Tannous, 1036 Old White Plains Road, which is in the back of Mr. Pierce's property. On the side bordering residence owned by Mr, Louis P. Hey- man of Five Bruce Road, Mr. Pierce proposes to erect a split rail fence with chicken wire. The Board directed the Clerk to follow the usual pro- cedure, scheduling the matter on the agenda for the next meeting and meanwhile notifying neighboring property ow- ners of the request and allowing time for the members of the Board to inspect the site of the proposed fence. REPORTS The Clerk presented the following reports which were re- ceived and placed on file: Report of the Receiver of Taxes and Assessments for the month of April, 1959. Report of the Westchester Shore Humane Society, Inc. for the month of April, 1959. Report of the Building Inspector for the month of April, 1959. Report of the Town Clerk for the month of April, 1959. - - REPORT OF THE SUPERVISOR It New Water Supply Line The Supervisor read the following memorandum ad- dressed by him to the Town Board under date of May 4th: 60The revised estimated cost of the new water supply line is $1,495, 000. The Town of Mamaroneckts share is 26ojo or $388, 700. In addition there will be bonding and temporary financing costs of approximately $4, 500. The water district has some available cash and it is recommended that the costs be met by a 30-year bond issue of $350, 000. and by payment from available cash of the balance of the total cost of construction. The first maturity on this bond issue must be not later than January 15th of 1960 and it is proposed to issue the bonds as of July 15th, 1959 with $10, 000. per year being amortized for the first 20 years and $15, 000. per year for the last 10 years. The necessary bond resolution is being prepared by our bonding attorneys." Whereupon, the Town Attorney presented the resolution prepared by the bonding attorneys which was offered by V $ t T my cY$r Councilman Santoro, who moved its adoption, seconded by Councilman Brush, to wit: BOND RESOLUTION DATED MAY 6, 1959. A RESOLUTION APPROVING A REVISED ESTIMATE OF COST RELATING TO THE ENLARGEMENT, EX- TENSION AND IMPROVEMENT OF THE FACILITIES OF WESTCHESTER JOINT WATER WORKS NO. 1, AND AUTHORIZING THE ISSUANCE OF AN ADDI- TIONAL. $18, 000 SERIAL BONDS OF THE TOWN OF MAMARONECK, WESTCHESTER COUNTY, NEW YORK, AND THE EXPENDITURE OF $38, 680 CUR- RENT FUNDS TO PAY A PART OF THE AMOUNT RE- QUIRED TO BE CONTRIBUTED BY SAID TOWN FOR SAID ENLARGEMENT, EXTENSION AND IMPROVE- MENT. WHEREAS, the Board of Trustees of Westchester Joint Water Works No. 1,pursuant to Chapter 654 of the Laws of 1927, as amended, has determined it to be necessary to enlarge, extend and improve the facilities of said Joint Water Works to obtain an additional and auxiliary source of water supply by the connection of the present water system of the said Joint Water Works with the water system of the City of New York at Shaft 22 of the Delaware Acqueduct located in Yonkers, New York; and WHEREAS, the Board of Trustees of said Joint Water Works has caused to be prepared and approved a plan, estimate and other data pertaining to said enlargement, extension and improvement of said facilities, which plan, estimate and other data was duly presented to and approved by the Town Board of the Town of Mamaroneck, Westchester County, New York, by a bond resolution dated August 15, 1956; and WHEREAS, said estimate stated that $1, 277, 000 was the total estimated cost of said enlargement, extension and improvement, and that $332, 000 was the amount of money required to be contributed by said Town to pay said total estimated cost; and WHEREAS, by said bond resolution dated August 15, 1956, the Town Board of said Town authorized the issuance of $332, 000 serial bonds of said Town to pay the amount re- quired to be contributed by said Town, as aforesaid; and WHEREAS, on April 6, 1959, the Board of Trustees of said Joint Water Works duly adopted a resolution approv- ing a revised estimate of cost for said enlargement, ex- tension and improvement, which revised estimate states — that the additional sum of $218, 000 will be required, thereby increasing the total estimated cost of said en-.. largement, extension and improvement to $1, 495, 000; and WHEREAS, said revised estimate further states that $56, 680 is the amount of money required to be contrib- uted by said Town to provide said additional $218, 000; and WHEREAS, it is now desired to adopt a resolution ap- proving said revised estimate and further providing for the financing of said $56, 680; NOW, THEREFORE, BE IT RESOLVED by the Town Board of the Town of Mamaro- neck, Westchester County, New York, as follows: Section 1, The revised estimate of cost for the enlarge- ment, extension and improvement of the facilities of Westchester Joint Water Works No, 1, as described in the preambles hereof, is hereby in all re- spects ratified, confirmed and approved, and shall be incorporated in the minutes of this meeting. Section 2, For the specific object or purpose of provid- ing a part of the additional amount of money required to be contributed by the Town of Mamaroneck, Westchester County, New York, to pay the cost of said enlargement, extension and improvement, as set forth in said revised estimate, there are hereby authorized to be issued not exceeding $18, 000 serial bonds of said Town pursuant to the Local Finance Law, Section 3. The total estimated amount required to be contributed by said Town to pay the cost of said enlargement, extension and improvement is $388, 680, and the plan for the financing of such total estimated amount is as follows: a) By the issuance of not exceeding $332, 000 serialbonds of said Town, as authorized by the bond resolution dated August 15, 1956, referred to in the preambles hereof; b) By the issuance of not exceeding $18, 000 serialbonds herein authorized; and c) By the expenditure of $38, 680 from available current water funds, which expenditure is hereby authorized. Section 4, It is hereby determined that subdivision 1 of paragraph a of Section 11, 00 of the Local Finance Law applies to the aforesaid specific object or purpose, and that the period of probable usefulness thereof is forty years, computed from January 16, 1958, the date of the first bond anticipation note issued in an- ticipation of the sale of said $332, 000 serial bonds. It is hereby further determined that the proposed maturity of the bonds herein authorized will be in excess of five years. Section 5, The faith and credit of said Town of Mamar- oneck, New York, are hereby pledged for the payment of the principal of and interest on said bonds as the same respectively become due and payable. The principal of and interest on said bonds shall be payable in the first instance from water rates and, to the extent necessary, from a levy upon all the taxable real property of Water Supply District No, 1 of said Town, in the manner provided by law, but if not paid from such sources, all the taxable real propertywith- in said Town shall be subject to the levy of an annual ad valorem tax sufficient to pay the principal of and interest on said bonds as the same become due and payable. Section 6, Subject to the provisions of the Local Fi- nance Law, the power to authorize the is- suance of and to sell bond anticipation notes in antici- pation of the issuance and sale of the serial bonds here- in authorized, including renewals of such notes, ishere- by delegated to the Supervisor, 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 7, The validity of such bonds may be contested only if: lj Such bonds are authorized for an object or purpose for which said Town is not authorized 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 validity is commenced within twenty days after the date of such publication, or 3) Such bonds are authorized in violation of the provi- sions of the Constitution. Section 8, This resolution is subject to a permissive referendum. The question of the adoption of the foregoing resolution was duly put to a vote on roll call, which resulted as follows: Supervisor Burchell VOTING Aye Councilman Kane VOTING Aye Councilman Brush VOTING Aye Councilman Santoro VOTING Aye Councilwoman Helwig VOTING Aye The resolution was thereupon declared duly adopted, 2) Town Accountant Finson The Supervisor announced that the Town Accountant, Alexander Finson, had completed his twenty-fifth year of service with the Town of Mamaroneck, The Board, along with the Supervisor, extended congratulations to Mr. Finson remarking on the fine service rendered to the Town and its citizens by Mr. Finson throughout the - - twenty-five years of his affiliation with the Town staff, It was directed that the Board's recognition and ap- preciation of Mr. Finsonts outstanding service be spread upon the minutes of this meeting, 3) Municipal Finance Officers Association Conference The Supervisor informed the Board that the annual conference of the Municipal Finance Officers Associa- tion would be held in Montreal, Canada, from June 7th through 11th, requesting authorization for the Town Ac- countant to attend and advising that funds were available in the 1959 budget. Whereupon, on motion by Councilman Kane, seconded by Councilwoman Helwig, it was unanimously RESOLVED that Alexander Finson, Town Ac- countant, be and he hereby is authorized to attend the annual conference of the Municipal Finance Officers Association in Montreal, Canada, from June 7th through 11th, 1959, with expenses in an amount not to exceed the sum of $165. 00; said expenses to be paid out of the item in the budget established for such purpose, 4) Letter from William J. Ronan, Secretary to the Governor The Supervisor read the following letter, for the Board's information, which he had received from William J. Ronan, Secretary to the Governor, under date of April 27, 19590 "On March third I wrote to you that I would ask the Thruway Authority for a report on the situation in the area around the Larchmont Station, I have now received that report and am glad to be able to report to you that the plaza will be opened in May, al- though it will not be fully completed by the opening date. The contractor is now in the process of adding some features requisite to public use of the facility. Meanwhile, attorneys for the Thruway Authority have prepared an agreement to be executed by Larchmont Village officials, under which the Village will assume liability for the park- ing plaza pending State acceptance of the project; With respect to the construction of a permanent rail- road station, the lowest bid received on the plans devel- oped by the railroad was considerably above the amount set aside by the Thruway Authority to finance such con- struction. Future action depends on whether the railroad decides to pay this extra cost or revise its plans to reduce costs. I hope that the foregoing information will be helpful.'" The Board directed that this communication be received and placed on file, 5) Annual Report--1958 The Supervisor distributed to each member of the Board a copy of the suggested Annual Report for the year 1958 with a request for suggestions, corrections and comments. 6) First Westchester Housing Conference The Supervisor reported briefly on his attendance, at the request of County Executive Michaelian, of the First West- chester Housing Conference on "Housing Horizons" which was held in Bronxville on May 6th, 1959, with Lieutenant Governor Malcolm Wilson as the main speaker. REPORTS OF THE COUNCILMEN Councilman Santoro -- 1) Request—Bids for Parking Lot Construction Councilman Santoro, after explaining that all contractors were very busy at this season of the year and in need of funds, stated that he had received several calls from the unsuccess: ful bidders on the parking lot construction requesting return of deposit checks before awarding of the contract if possible. The Attorney advised that he regretted that this was not possible calling attention to the fact that the specifications had stated clearly that said bids could be held 45 days before award of contract since the Town was unable to award said contract and begin work on the parking lots until the parking plaza in the Village of Larchmont was available for use. The Board directed Councilman Santoro to so advise the bidders and also directed that the deposit checks be returned immediately upon award of contract which would take place at the earliest possible date following the opening of the parking plaza. 2,) Station Road Councilman Santoro reported that the paving of Station Road had been completed. 3) Murray Avenue Councilman Santoro reported that Felix Contracting Company was back at work on Murray Avenue -- that the curbs were in and sidewalks ready to be laid. 4) Construction of Storm Drain--Old White Plains Road Councilman Santoro reported that the plans and specifi- cations for the construction of Storm Drain and Appurten- ances in Old White Plains Road were ready and requested that the Town Clerk be authorized to advertise for bids to be opened at the first meeting in June. Whereupon, on his motion, seconded by Councilman Brush, it was unanimously RESOLVED that the Town Clerk be and he hereby is authorized to publish in the of- ficial newspaper of the Town of Mamaro- neck, The Daily Times, the following no- -- tice not later than five (5) days prior to the date of the opening of bids. NOTICE TO BIDDERS Notice is hereby given that sealed bids will be received by the Town Board of the Town of Mamaroneck, Westches- County, New York, until 5.00 o'clock P. M. D.S. T. on Wed- nesday, June 3, 1959 at the office of the Town Clerk, 158 West Boston Post Road in the Village of Mamaroneck, New York, and opened and read aloud at a regular meeting of the Town Board to be held at 8.15 P. M. D.S. T. on Wednes- day, June 3, 1959 in the Council Room of the Weaver Street Fire House, corner of Weaver Street and Edgewood Avenue in the Town of Mamaroneck for the construction of a storm drain and appurtenances in Old White Plains Road in the Town of Mamaroneck, Westchester County, New York, in accordance with plans and specifications drawn and pre- pared by Maurice Friedlander, 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 which deposit will be refunded when plans and specifications are returned in good condition, within thirty days after the award or rejection of the bids. The Town of Mamaroneck reserves the right to waive any '41 ..k I informalities in the bids or to reject any bid which does not comply with the specifications. No bidder maywith- draw his bid within forty-five days after the actual date of the opening thereof dated. The Town of Mamaroneck may make such investiga- tion as it deems necessary to determine the ability of the bidder to perform the work, and the bidder shall furnish all such information and data for this purpose as may be requested. The Town of Mamaroneck reserves the right to reject any bid if, the evidence submitted by, or the investigation of such bidder fails to satisfy the Town of Mamaroneck that such bidder is properly quali- fied to carry out the obligation of the contract and to complete the work contemplated therein. Town Board of the Town of Mamaroneck by- Charles J. Gronberg Town Clerk 5) No. 65 Palmer Avenue Councilman Santoro reported that the Board had re- ceived three communications from New York architects in connection with this matter and requested authorization to forward same to Mr. Lee Perry, consultant to the Board in this matter, and on his motion which was sec- onded by Councilman Kane, it was unanimously RESOLVED that Councilman Santoro be and he hereby is authorized to forward to Mr. Lee Perry, Architect, 419 North Avenue, New Ro- chelle, New York, copies of the following three communications received by this Board in connection with the appeal for revocation of building permit issued for premises known as No. 65 Palmer Avenue, Town of Mamaroneck- 1) Letter from DeRose and Cavaliers„ Architects . 384 East 149th Street , New York 55 - N. Y. 2) Letter from George G. Miller A-I-A Architect, 125 West 45 Street, New York 36, N.Y. 3) Letter from Harry M. Prince, Archi- tect, 101 Park Avenue, New York 17, N.Y. In reply to a question from the floor by Dr. Daniel S. Lukas of 152 Valley Stream Road, Town, the Board stated that these communications had been submitted by Grew Properties, Inc. , owners of the property. 6) Hommocks Property Councilman Santoro reported that it was hoped the pipe would be installed by the date of the next meeting and that the pumping of the fill would probably be completed in about four weeks, 7) Application for Water Main--Country Lane Councilman Santoro presented an application for in- stallation of a 4" water main in Country Lane, east of Country Road, Glen Rock Estates, together with cost es- timate submitted by George Straub, Superintendent of the Westchester Joint Water Works No. 1, and on his motion which was seconded by Councilman Kane, it was unan- imously RESOLVED that this Board hereby approves the installation of approximately 300 feet of 4" water main in Country Lane, east of Country Road, at a cost of $694>92 not in- cluding excavation, backfill and pavement restoration; and be it FURTHER RESOLVED that this approval is contingent upon the applicant paying the entire cost of such installation and upon the appli- can0s deposit with the Westchester Joint Wa- ter Works No, 1 of the sum of $694, 92 to re- imburse said Water Works for the cost of materials and their installation; and be it FURTHER RESOLVED that this approval is contingent upon the applicant providing an easement satisfactory to the Town Attorney; and be it FURTHER RESOLVED that unless this instal- lation is completed within a period of one (1) year from the date of this resolution, or not later than May 6th, 1960, this authorization shall become null and void. Councilman Kane -- lj Civil Defense Offer Councilman Kane presented a letter addressed to Mr, Edward S. Hartley, Deputy Director of Civil Defense, by the M. A. Sterner Company, Inc. under date of April 29, 1959, together with the following memorandum pertaining to said letter and addressed to him by Mr. Hartley under date of May 1st, 1959° "A package combination consisting of a 3-way stretcher, sectional poles and celulose blanket at a cost of $19. 95 is now available in the market. It is suggested if Civil Defense matching fund con- tributions are obtainable that the Town purchase ten (10) of these packages which could be used by the Police Departments of both the Town and the the Village of Larchmont and thus not have an in- vestment in equipment which would not be usedfor a long time as might be the case with equipment solely for Civil Defense purposes, Therefore I recommend that the Town Board au- thorize application to the New York State Civil De- fense for the acquisition of ten (10) of these stretcher combinations at a total cost of $199. 50, 5014 to be reimbursed by the Federal Civil De- fense administration and 50jo to be paid from the Town of Mamaroneck Civil Defense budget. Attached hereto is the necessary purchase agree- ' ment and application to be executed by the Supervi- sor if the Town Board approves this recommenda- tion. 01 Whereupon, on his motion, seconded by Councilman San- toro, it was unanimously RESOLVED that the Supervisor be and he hereby is authorized to sign the papers and documents necessary to accept an offer submitted by the Federal Civil Defense Administrator through the State of New York providing for a 50% contribu- tion by the federal government for certain speci- fied organizational equipment for the local Civil Defense in the Town of Mamaroneck when andif the Town of Mamaroneck purchases such equip- ment. Councilman Brush -- 1) Request of Police Commission Councilman Brush presented a request from the Police Commission requesting authorization of payment of De- tective Sergeant Chauncey Smithts expenses at the annual meeting of the International Association of Identification, and on his motion, seconded by Councilwoman Helwig, it was unanimously RESOLVED that Detective Sergeant Chauncey Smith of the Town of Mamaroneck Police De- partment be and he hereby is authorized to at- tend the annual meeting of the International As- sociation of Identification to be held at Asbury Park, New Jersey, on May 18, 19 and 20, 1959 with expenses paid in an amount not to exceed the sum of $65, 00; said expenses to be paidout of the item in the 1959 Police Department bud- get established for such purpose, 2) Meeting with Police Commission Councilman Brush reported briefly on a recent meeting with the Supervisor and Board of Police Commissioners. Councilwoman Helwig -- 1) Recreation Commission --Formation of Mens Softball League Councilwoman Helwig read the following letter addressed to the Board by the Superintendent of Recreation under date of May 6th, 1959, with reference to the formation of a com- bined Town and Village of Mamaroneck Softball League for men this summer through the efforts of the Town's Recrea- tion Commission and the Village of Mamaroneck Recreation Council. "Through the efforts of the Village of Mamaroneck Recreation Council and the Town of Mamaroneck Rec- reation Commission a Town and Village Mens Softball Iaague has been formed for the coming summer. Needless to say this is a great stride toward closer and more harmonious function in the area of recrea- tion in the community. Special thanks is due to the wonderful cooperation received from Village Manager William Johnson, It is through his willingness to al- low this league to play their games at the Harbor Is- land Softball Diamond that all of this is possible. It is the hope of the Town Recreation Commission that this is the first step toward other co-sponsoredac- tivities by the two recreation bodies in the community. This is especially true for activities where there would not be enough participants from one particular area of the community," It was suggested that the Supervisor write to Village Manager Johnson on behalf of the Board thanking him for his splendid cooperation and the Board so directed the Supervisor, 2) Removal of Tree Stumps Councilwoman Helwig called the Board's attention to the matter of removal of tree stumps which were a pos- sible safety hazard, which was referred to the Park Superintendent for attention. REPORT OF THE TOWN ATTORNEY -- 1) Bonding Resolution--Construction of Parking Lots The Town Attorney presented the bonding resolution for the construction of the parking lots as prepared by the bonding attorneys which, upon being offered by Councilman Santoro, who moved its adoption, was sec- onded by Councilman Kane, to wit. BOND RESOLUTION DATED MAY 6, 19590 A RESOLUTION AUTHORIZING THE CONSTRUCTION OF PUBLIC PARKING FACILITIES IN AND FOR THE TOWN OF MAMARONECK, WESTCHESTER COUNTY, NEW YORK, AT A MAXIMUM ESTIMATED COST OF $41, 880, AND AUTHORIZING THE ISSUANCE OF $40, 000 SERIAL BONDS OF SAID TOWN TO PAY PART OF THE COST THEREOF, THE BALANCE IN THE AMOUNT OF $1, 880 TO BE PAID FROM AVAILABLE CURRENT FUNDS, WHEREAS, by a lease dated April 16th, 1959, by and between the County of Westchester, and the Town of Ma- maroneck, Westchester County, New York, said Town has leased for a term of five years certain premises described as "Parcels 3, 4, 5, 6, 7, 45, 46, 47, 48, 57, 9, 10, 11, 12, 13, 14, 15, 16, 17 and 18 and a portion of Parcels 36 and 38, Sheet 9, Pelham-Port Chester Parkway"; and WHEREAS, it is now desired to authorize the construc- tion of public parking facilities on a portion of said leased premises and to provide for the financing there- of; NOW, THEREFORE, BE IT RESOLVED, by the Town Board of the Town of Mamar- oneck, Westchester County, New York, as follows. Section 1, The construction of public parking facilities in and for the Town of Mamaroneck, West- ' chester County, New York, on the lands hereinafter described, being a part of the leased premises described in the preambles hereof, including paving, drainage, lighting, landscaping and other improvements in connec- tion therewith, is hereby authorized at a maximum esti- mated cost of $41, 880. Said lands, consisting of two ad- jacent areas separated by Wood Street, are generallylo- cated as follows. a) On the east side of Myrtle Boulevard 228 feet from Vine Street and Wood Street, extending southeast on Vine Street 140 feet and south- east on Wood Street 400 feet; and b) On the northeast side of Wood Street in 182 feet from Myrtle Boulevard and 200 feet long be- tween Wood Street and Cabot Road. Section 2. The plan for the financing of such maximum es- timated cost is as follows. a) By the issuance of $40, 000 serial bonds of said Town, hereby authorized to be issued pursuant to the Local' Finance Law; and bj By the expenditure of $1, 880 available current funds. Section 3. It is hereby determined that subdivision 20 of paragraph a of Section 11, 00 of the Local Fi- nance Law applies to the aforesaid specific object or pur- pose, and that the period of probable usefulness thereof is ten years. It is hereby further determined that the maxi- mum maturity of the bonds herein authorized will not ex- ceed five years, computed from the date of said bonds or the date of the first bond anticipation note issued in antici- pation thereof, whichever date is the earlier. Section 4. The faith and credit of said Town of Mamaro- neck, New York, are hereby irrevocably pledged to the payment of the principal of and interest on such bonds as the same respectively become due and pay- able. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on suchbonds becoming due and payable in such year. The principal of and interest on said bonds shall be payable in the first in- stance from revenues derived from the operation of said public parking facilities, but if not paid from such source, all the taxable real property in said Town shall be subject to the levy of ad valorem taxes, without limitation as to rate or amount, sufficient to pay said principal and interest. Section 5. Subject to the provisions of the Local Finance 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 re- newals of such notes, is hereby delegated to the Supervisor, 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 is not authorized to expend money, or 2) The provisions of law which should be compliedwith at the date of publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or 3) Such bonds are authorized in violation of the provi- sions of the Constitution. Section 7. This resolution, which takes effect immed- iately, shall be published in full in The Ma- maroneck Daily Times, the official newspaper of said Town, together with a notice of the Town Clerk in sub- stantially the form provided in Section 81. 00 of the Local Finance Law. The question of the adoption of the foregoing resolution was duly put to a vote on roll call, which resulted as fol- lows Supervisor Burchell VOTING Aye Councilman Kane VOTING Aye Councilman Brush VOTING Aye Councilman Santoro VOTING Aye Councilwoman Helwig VOTING Aye The resolution was thereupon declared duly adopted. 2) Larch Motor Sales, Inc. --Request to Lease Town-owned Property In the matter of the request of Larch Motor Sales, Inc. to lease certain Town-owned property, the Attorney re- ported that some question had arisen on the part of Larch Motor Sales, Inc, with regard to the 1001 business zoning and the Board directed that he renegotiate with Larch concerning this matter. 3) Amendmnt to Building Code--Family Swimming Pools The Attorney presented a proposed amendment to the Building Code providing for the construction and main- tenance of family swimming pools in the Town of Mamaro- neck as prepared following lengthy discussions with Coun- cilman Santoro and the Building Inspector. He advised that it was necessary to hold a public hearing on the adop- tion of such amendment with publication of the Notice ten (10) days prior to the date of hearing and requested the Board to fix such date and authorize such publication if that were the pleasure of the Board. n Whereupon, after discussion, the Board fixed the date of the next Board meeting, May 20th, as the date of the hearing, and on motion by Councilman Santoro, sec- onded by Councilman Brush, it was unanimously RESOLVED that the Town Clerk be and he hereby is authorized to publish in the of- £icial newspaper of the Town of Mamaro- neck, The Daily Times, the following No- tice not later than ten (10) days prior to the date of hearings PUBLIC NOTICE PLEASE TAKE NOTICE that the Town Board of the Town of Mamaroneck will hold a public hearing on May 20th, 1959 at 8%15 p.m, in the Council Room of the Weaver Street Fire House, Weaver Street, in the Town of Mamaroneck, to con- sider the adoption of an amendment to the Building Code or Zoning Ordinance of the Town of Mamaroneck by adding thereto a new Article to be known as Article 23 entitled "Family Swimming Pools." Such Article shall provide in substance that a family swimming pool is defined as a non- commercial swimming, bathing or wading pool to be used solely by the owner or lessee thereof and for his family and by friends invited to use the pool without payment of anyfee. (a) That a family swimming pool may be constructed and maintained only after a special permit there- for has been obtained from the Town Board of the Town of Mamaroneck. (br That application for such special permit shall be made in the first instance to the Building Inspec- tor of the Town of Mamaroneck who shall furnish the necessary forms for such application and that specifications and data for the construction of such swimming pool shall be submitted with such application including but not limited to (1) A profile showing levels and depths of water at all points; (2) Cross sections showing scum gutters or skimmers, with all structual de- tails; (3) Pipe diagram showing size and loca- tion of all inlets, outlets, water lines, waste and discharge lines, circulation and other piping; (4) Pool equipment showing detail of fil- ters, pumps, chlorinators, strainers, hair and lint interceptors; (5) Drains and drainage from the pool structure to a sanitary sewer. E.1 (c) That the Town Board upon receipt of the appli- cation from the Building Inspector together with all plans, data and other material required by him may grant the permit after determining (1) The location of the pool is such that it will not adversely effect any neigh- boring premises, property or struc- tures; (Z) That the lighting provided is installed in such a way that it will not create a nuisance or annoyance to adjoining property owners; (3) That suitable screening and/or land- scaping has been provided between the property or streets; (4) That every outdoor pool shall be sur- rounded by a fence or wall sufficient to protect it from entry or trespass by children or other persons when thepool is not in use; (5) That all equipment shall be so construc- ted that it may be used without causing any noise or disturbance to persons re- siding adjacent to or near the pool; (6) That in all other respects the pool shall be free from any objection on the ground of safety or health and welfare of the community and the surrounding neighbor- hood and it complies with all provisions of the Sanitary Code of the County of West- chester and the Sanitary Code established by the Public Health Council of the State of New York so far as any of the provi- sions of such Code may be applicable. (d) That except as otherwise provided in this Article, the provisions of the Zoning Ordinance and Building Code of the Town of Mamaroneck so far as they ap- ply to structures with respect to front, rear and side yards shall be applicable, except that the Town Board may modify any such provisions as it considers nec- essary in order to make its determination under para- graph (c) above. (e) The special permit issued by the Town Board for a family swimming pool shall be subject to revocation if the pool is maintained in such a way that it consti- tutes a nuisance, or that it is not in the best interests of the surrounding property on the bais of health, safety or welfare of the persons residing adjoining or near said pool. Before such revocation the Town Board shall give notice to the owner or lessee that he may be r heard in connection with such revocation at a meet- ing of said Board to be hald at a time and place to be specified in said notice. Such notice shall be served on the owner or lessee personally at least 10 days prior to such meeting, (f) That the special permit required by this sectionfor family swimming pools shall be in lieu of the per- -- mit otherwise required by Article 1, Section 3 of this Code but shall be subject to the payment of the same fees required by Section 20 of Article 1 of this Code, BY ORDER OF THE TOWN BOARD CHARLES J. GRONBERG CLERK, May 9, 1959 ADJOURNMENT There being no further business to come before the meeting, it was declared adjourned at 9:10 p.m. , to reconvene on May 20th, 19590 BOARD OF FIRE COMMISSIONERS The meeting of the Board of Fire Commissioners was con- vened immediately upon the adjournment of the Town Board meeting, Commissioner Brush -- Commissioner Brush greeted the Fire Chief who was present and informed the Commission that the Westchester Joint Water Works was conducting an inspection of fire hydrants as re- quested by the Fire Council, 1) Communications There were no communications, 2) Reports Commissioner Brush presented the following reports which were received and placed on file: Report of the Fire Inspector dated April 28, 1959. Fire Report for the month of April, 1959. 3) Claims Commissioner Brush presented the following Fire Depart- - ment claims which had been audited by the Comptroller and approved by the Fire Chief, and on his motion, seconded by Commissioner Kane, it was unanimously RESOLVED that the following claims be and they hereby are approved and the Supervisor andComp- troller be and they hereby are authorized to pay the same out of the budget for the Fire Department: Atlantic Service Centel $ 240, 55 Keeler Associates 51.49 I & T Plumbing Co, 636. 26 Anthony Librandi 46. 50 Murray VanderPoel & Baker 586. 59 N. Y. Telephone Co. 49. Z5 State Insurance Fund 1, 271. 80 Wesco Fire Equip. & Ser. 453.48 Total $ 3, 335. 92 4) Other Business 1) Annual Dance Commissioner Brush remarked on the coming Annual Dance of the Fire Department stating that he hoped all would be present to enjoy the event. ADJOURNMENT There being no further business to come before the meeting, it was declared adjourned at 9:15 p.m. , to reconvene on May 20th, 1959. i I •,� T rk