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HomeMy WebLinkAbout1959_06_29 Town Board Minutes MINUTES OF A SPECIAL MEETING OF THE TOWN BOARD OF THE TOWN OF MAMARONECK, HELD JUNE Z9th, 1959, IN THE AUDITORIUM OF THE WEAVER STREET FIRE HOUSE, WEAVER STREET, TOWN OF MAMARONECK. PRESENT: Supervisor Burchell Councilman Santoro Councilman Kane Councilman Brush Councilwoman Helwig ABSENT: None ALSO PRESENT: Mr. Gronberg - Town Clerk Mr. Delius - Town Attorney Mr. Friedlander - Town Engineer and Building Inspector Mrs. Brewer - Secretary CALL TO ORDER The Supervisor called the meeting to order at 8:15 p.m. stating that this meeting was called for the purpose of holding a public hedring on the adoption of the proposed Zoning Ordi- nance for the Town of Mamaroneck (unincorporated section as revised following the March 12th hearing. PUBLIC HEARING The hearing was declared open by the Supervisor and the Clerk presented the affidavit of mailing and the affidavit of publication of the Notice of Hearing in the official newspaper of the Town of Mamaroneck, The Daily Times, on June 16th, 1959. The Supervisor then presented Mr. Fred L. Maggini, Chairman of the Planning Board, who, after introducing the members of the Board who were present - Mr. Rigano, Mr. Blair and Mr. Bloom - reviewed briefly the procedure followed by the Planning Board and Mr. Frederick P. Clark, consultant, in developing for the Town during the past three years an ordi- nance which would be up-to-date and conform with modern, present-day standards. He called attention particularly to the meetings held with citizen groups and individuals and the in- corporation into the ordinance of many of the suggestions made at these meetings. He also referred to the several meetings held with the Town Board following the March 12th hearing to discuss the inclusion of various suggestions offered at that hear- ing, and presented Mr. Lee Bloom who would review in some detail each of the revisions made as a result of that hearing. Mr. Bloom referred to the article on the front page of the June 16th issue of the local paper descirbing each of the pro- posed revisions and stated that there was little he could add by way of explanation. However, he outlined in some detail each of the proposed changes, concluding his remarks with the assurance that the members of the Town Board and the Town Attorney would be happy to answer any questions per- taining thereto, The Supervisor thanked Mr. Maggini and Mr. Bloom for their splendid presentations, and upon his inquiry as to whether anyone present wished to address the Board on the proposed revisions or on any other part of the ordinance, the following persons were heard. Mr. Joseph Delano -- Mr, Delano of the General Outdoor Advertising Company stated that the company wished to go on record as op- posing such non-conforming use as would necessitate re- moval of its signs in a two year period. Mr. Edward P. Tannenbaum -- Mr. Tannebaum, an attorney with the firm of Furst and Tannenbaum, 271 North Avenue, New Rochelle, requested that the property owned by his client, Rudy Novak, located on the east side of the Boston Post Road and running along Hommocks Road be rezoned from residential to business in conformity with the property of the Larchmont Motel and Flinn Motor Corporation along the Post Road and bor- dering his property to the east. He pointed out that the physical topography of the land, the location and the exis- tance of the road to the Town dump through the property all made this property unsuitable for residential purposes and earnestly requested that every consideration be given to this request. Mr. Edwin Freeman -- Mr. Freeman, attorney representing his clients Mr, and Mrs. Sal Fazio of 30 Weaver Street, Town, inquired as to whether the entire ordinance would be adopted and ef- fective at one time and if so, what the effective date would be. Mr. James Staropoli -- Mr. Staropoli, resident of 114 Harmon Drive, Town, spoke in opposition to Section 446, Restoration of Damaged Buildings, as proposed in this ordinance. Mr. Harold Kronenberg -- Mr. Kronenberg, attorney representing his client, Otto Scheubel of 3 Rock Ridge Road, Town, referred to Article IV, Section 400, questioning the present illegal use of a sewer F 'n, easement running through the property of his client under the provisions of this section of the proposed ordinance. Mr. Frank X. O'Donnell Mr. O'Donnell, resident of 100 Palmer Avenue, Town, commended the Board on providing the Town with an up- to-date, modern zoning ordinance stating that whenever a community attempted to raise its zoning, some persons _ were apt to be hurt but in the overall and in spite of indi- vidual inequities which could be corrected or relieved by amendment of the ordinance, he stated that he sincerely felt the gain to the entire community was well worth while. He further stated that he was of the opinion that while some of the suggestions made had considerable merit, it was now time to adopt the ordinance as proposed and then to take up each individual case requiring further attention. Mr. Arthur Bogardus -- Mr. Bogardus, resident of 17 Overlook Terrace, Town, stated that the proposed ordinance was indeed a fine piece of work and that he wished to commend heartily all concerned therewith, adding that he, too, felt the ordi- nance should be adopted as proposed. --- Mrs. August J. Frey -- Mrs. Frey, resident of 12 Burton Road, Town, stated that she wished to go on record as approving the adoption of the ordinance as proposed. Mr. Mark Devaney -- Mr. Devaney, President of the Prince Willows Civic As- sociation, stated that he wished to record the Associa- tion's objection to the proposed ordinance with particular reference to the proposed upzoning. Mr. Hayden Smith -- Mr. Smith, resident of 8 Lafayette Road, Town, stated that he was opposed only to the inclusion of the proposed 0.B. -2 district. However, he continued to say, if this were felt to be the best use of this property for the entire Town, he would go along and was grateful for the inclusion of the safeguards which the Board had seen fit to impose. Dr. Maurice E. Serling -- Dr. Serling, resident of 6 Weaver Street, Town, referred Gi3 �z to the two letters previously written objecting to the pro- posed upzoning of his property and reiterated his request that this property be zoned for business use. The following residents of the Town then spoke in opposition to the proposed area increase in the R-6 and R-7. 5 districts making certain property in such districts non-conforming and thus adversely affecting the restoration of such property in case of damage loss. Mr. A. Tighe of 10 Winthrop Avenue, Town Mr. William F. Gartland of 3 Winthrop Avenue, Town Mr. Alfred Larsen of 7 Winthrop Avenue, Town Mr. Herbert Askwithh -- Mr. Askwith, resident of 57 North Chatsworth Avenue, Town, stated that he wished to join those commending the good job which had been done and stated that although some hardships regretably had been created, he had faith that these would be rectified. Further, he stated that he was in favor of the adoption of the ordinance as proposed with the inclusion of the following minor suggestions* 1) Reduction of the dimensions for business signs. 2) Deletion of footnotes x and y on Schedule of Regulations for Non-residential Districts. 3) Change word "access" to "exit" on same Schedule in last sentence of paragraph 4. 4) That the wording of paragraph 5 of the same Schedule be changed to conformwith the wording previously suggested by him. Mr. George Schuler -- Mr. Schuler, resident of 70 West Garden Road, Town, again stated his objection to the side yard restrictions as proposed and requested lessening from 8 feet to 6 feet. Mr. George P. Forbes, Jr. -- Mr. Forbes, attorney representing Frank Guadagnola the owner of the property designated as O.B. -2, stated that his client was opposed to the creation and inclusion of an Architectural Board of Review. However, he advised, if the Board was unanimously in favor of this Board, his client would abide by the zoning ordinance. Dr. Maurice E. Serling -- Dr. Serling, speaking for the second time, stated that his a property had been zoned for business in 1931 by resolu- tion of the Town Board, He pointed out that the property on the opposite side of Weaver Street was zoned for bus- iness and asked why the Planning Board had rezonedhis property to residential and whether or not this was correct, Mr. Julian Bers -- Mr. Bers, resident of 9 Lafayette Road, Town, stated that he wished to go on the record as seconding Mr. Ask- with°s suggestions providing for the creation of an Arch- itectural Board of Review. Mr, George Schuler -- Mr. Schuler, also speaking for the second time, inquired as to the zoning of two pieces of property near the Station. He stated that one was zoned for business and one as res- idential and inquired as to the reason for such zoning, Communications At this time after the Clerk noted the receipt of communica- tions from Clark, Gagliardi, Gallagher & Smyth, John W. Sherman, Joseph W. Gleicher Co„ Inc„ J. J. Driscoll, and _ Meighan & Necarsulmer which the Board directed be received and filed as a part of the official record of this meeting, ac- knowledged by the Clerk, and forwarded to the Planning Board for study and consideration, since there was no one else who wished to be heard, on motion by Councilman Brush, seconded by Councilwoman Helwig, it was unanimously RESOLVED that the hearing be and it is hereby declared closed. Whereupon, following some further discussion by the Board on the adoption of the ordinance as proposed, Councilman Kane offered the following resolution, which was seconded by Coun- cilman Santoro. RESOLVED that the Zoning Ordinance of the Town of Mamaroneck adopted on February4, 1942 as amended is hereby amended and su- perseded by the following ordinance estab- lishing a comprehensive zoning plan for the Town of Mamaroneck outside incorporated villages and dividing the area of the Town into various districts and prescribing cer- tain regulations for such districts; F tw AND IT IS FURTHER RESOLVED that the Zoning Ordinance of the Town of Mamaro- neck adopted February 4, 1942 (which amended and superseded the Zoning Ordi- nance of the Town of Mamaroneck adopted June 22, 1922) and all amendments and ad- ditions thereto made since February 4, 1942 is hereby declared to be amended and superseded by this ordinance which shall take effect as provided in Section:264 and 265 of the Town Law, A roll call vote was taken on the foregoing resolution which resulted as follows; Councilman Santoro - Aye Councilman Kane - Aye Supervisor Burchell - Aye Councilman Brush - Aye Councilwoman Helwig - Aye The resolution was therefore passed and the ordinance adopted, Whereupon, on motion by Councilman Kane, seconded by Councilman Santoro, 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, notice of the adoption of this resolution and to post such notice on the bulletin board main- tained by the Clerk at his office, 158 West Boston Post Road in the Village of Mamar- oneck as provided by law, ADJOURNMENT There being no further business to come before the meeting, it was declared adjourned at 9:45 p.m. To Cl rk � t9 -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. Communications Commissioner Brush reported that there were no com- munications to be presented at this meeting. 2. Reports Commissioner Brush presented the following report which was received and filed; Fire Report for the month of June, 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 and Comp- troller be and they hereby are authorized to pay the same out of the budget for the Fire Department: R.G. Brewer, Inc, $ 70. 95 Franklin Cleaners 10. 90 Charles Librett, Inc. 6. 06 Ramon Martinez 22. 50 Merson Uniform Co. , Inc. 409.75 N.Y. Telephone Co. 97. 09 Village of Larchmont 36.00 West. Joint Water Works 21.48 Total 674. 33 4. Other Business The Fire Chief, who was present, expressed the compli- ments and tribute of the department to the liaison Council- man from the Town Board, Commissioner Brush. ADJOURNMENT There being no further business to come before the meeting, it was declared adjourned at 9.10, to reconvene on Au st 5, 1959. TA n C . rk r