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