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HomeMy WebLinkAbout1958_05_21 Town Board Minutes MINUTES OF A REGULAR MEETING OF THE TOWN BOARD OF THE TOWN OF MAMARONECK, HELD MAY 21, 1958, IN THE COUNCIL ROOM OF THE WEAVER STREET FIREHOUSE, WEA- VER STREET, TOWN OF M-AMARONECK. CALL TO ORDER The Supervisor called the meeting to order at 8;15 p.m. PRESENT; Supervisor Burchell Councilman Brush Councilman Kane Councilman Santoro Councilman Waterman ABSENT. None ALSO PRESENT. Mr. Gronberg - Town Clerk Mr. Delius - Town Attorney Mr. Friedlander - Town Engineer Mr. Finson - Accountant Mr. O'Brien - Superintendent of Highways Mrs. Brewer - Secretary OLD BUSINESS a. Report on Request for Erection of Fence--753 Forest Avenue, Town The Clerk reported that Mr. Trainor's request for permission to erect a fence on his property had been presented at the last Board meeting and that in accordance with usual custom, the ad- joining property owners had been notified and the Councilmen had personally inspected the site of the proposed fence. The Clerk further advised that there were no objections to this request and thereupon, on motion by Councilman Brush, seconded by Councilman Kane, the following resolution was unanimously adopted; WHEREAS, Howard Trainor of 753 Forest Avenue, Town of Mamaroneck, heretofore requested a per- mit for the erection of a five (5) foot high stockade fence running along the westerly property line from its intersection with the rear property line for a distance of 40 feet on his property located at 753 Forest Avenue and known as Block 220, Parcel 351 on the Tax Assessment Map of the Town of Mamar- oneck; and WHEREAS, the Building Inspector refused to grant such permit on the ground that construction or erec- tion of such fence violated the provisions of Section 112, Article 21 of the Building Code; and ey WHEREAS, Mr. Trainor has appealed to this Board for modification of the Building Inspec- tor's decision pursuant to Section 23, Article 1 of the Building Code, so as to allow erection of said fence; NOW, THEREFORE, BE IT RESOLVED that permission is granted to --- Howard Trainor to erect a five (5) foot high stockade fence along the westerly property line from its intersection with the rear prop- erty line and running for a distance of 40 feet on his property located at 753 Forest Avenue and known as Block 220, Parcel 351 on the Tax Assessment Map of the Town of Mamar- oneck. b. Report on Request for Erection of Fence--70 Fernwood Road, Town The Clerk reported that Mr. Gluss's request for permission to erect a fence on his property had been presented at the last meet- ing of the Board and that in accordance with usual custom, the ad- joining property owners had been notified and the Councilmen had inspected personally the site of the proposed fence. While there were no objections to the erection of the fence, the Clerk advised that two replies had stipulated conditions as follows: Mr. Harry N. Marvin of 35 West Brookside Drive stated that he was in accord with the application provided that Mr. Gluss amended his proposed fence so that it would be six (6) feet in height for its entire length and Mr. Louis J. Garcia of 27 West Brookside Drive stated that since the Board had denied an identical application in his case, he did not see how it could grant this one. He further advised that he would be present to address the Board. The Supervisor asked whether anyone present wished to speak on this matter and Mr. Marvin explained his viewpoint with res- pect to the height of the fence. Since Mr. Garcia was not present and no one else wished to speak, it was then upon motion by Coun- cilman Brush, seconded by Councilman Kane, unanimously re- solved that; WHEREAS, Melvin Gluss of 70 Fernwood Avenue, Town, heretofore requested a permit for the erec- tion of a six (6) foot stockade type fence along the entire property line between the lands of Harry N. Marvin and Louis J. Garcia on the east; and the lands of Melvin Gluss on the west, or from point #1 to point #4 on sketch accompanying application and filed in the Office of the Town Clerk, on his property located at 70 Fernwood Avenue and known as Block 218, Parcel 434 on the Tax Assessment Map of the Town of Mamaroneck; and WHEREAS, the Building Inspector refused to grant such permit on the ground that construction or I erection of such fence violated the provisions of Section 112, Article 21 of the Building Code; and WHEREAS; Mr. Gluss has appealed to this Board for modification of the Building Inspector's de- cision pursuant to Section 23, Article 1 of the Building Code so as to allow erection of said fence; NOW, THEREFORE, BE IT RESOLVED that permission is granted to Mr. Gluss to erect a stockade type fence on his property lo- cated at 70 Fernwood Road, Town, and known as Block 218 - Parcel 434 on the Tax Assessment Map of the Town of Mamaroneck, said fence to run along the boundary line between the lands of Harry N. Marvin and Louis J. Garcia on the east and the lands of Gluss on the west and to be six (6) feet in height from points 1 to 2, and from six (6) to four (4) feet in height from points 2 to 3-plus, and four (4) feet from point 3-plus to point 4, as shown on sketch ac- companying application and filed in the Office of the Town Clerk. c. Report on Request for Use of Town-owned Property located between 707 and 711 Forest Avenue, Town. With reference to the request of Blaise Fatone of 711 and Dominick Loiaconi of 707 Forest Avenue to lease the Town- --- owned land lying between these properties as presented at the last meeting of the Board, the Town Attorney reported that there was a sewer easement running through the prop- erty but that it could be sold subject to a permissive ref- erendum, and recommended that since this was the case and since the Town would have no use for this property, some consideration be given to disposing of the property rather than leasing it. After some discussion, the Board suggested that the Su- pervisor confer with Mr. Loiaconi and Mr. Fatone and re- port further to the Board at the next meeting. d. Report on Request to Purchase Town-owned Property--Fixing Date for Auction Sale The Supervisor inquired the Board's pleasure with refer- ence to Mr. A. Poccia's request presented at the last meeting to purchase Town-owned property located on Myrtle Boulevard and known as Block 125, Part of 60, Lot 201, on a Filed Map of the Long Island Sound Reality Co. , and as the Board was of the opinion that this property should be sold, the Supervisor re- quested that a date be fixed for the next public auction of Town- owned land. Whereupon, on motion by Councilman Waterman, seconded by Councilman Santoro, it was unanimously RESOLVED that the date for the next public auction of Town-owned property be and it hereby is set for Wednesday evening, June 4th, 1958, at 8:00 p.m. in the Council Room of the Weaver Street Fire- house, Weaver Street, Town of Mamaroneck. NEW BUSINESS a. Renewal of Approval of Recreation Project--Application for New York State Youth Commission The Clerk presented for the Board's approval the Recreation Project Application to the New York State Youth Commission which indicates the amount of State Aid requested to be in the amount of $1, 9 11. 00 for the period from June 1, 1958 to May 31, 1959, and on motion by Councilman Santoro, seconded by Coun- cilman Brush, it was unanimously RESOLVED that this Board hereby approves the Rec- reation Project Application to the New York State Youth Commission requesting State Aid in the amount of $1, 911. 00 for the period from June 1, 1958 to May 31, 1959. b. Reappointment of Member of Recreation Commission The Clerk informed the Board that the term of Mrs. O. R. Steffens of 15 Briarcliff Road, Town, as a member of the Recrea- tion Commission expired as of May 20th, 1958. The Board commended Mrs. Steffens on her fine service and work on this Commission and with great pleasure recommended her reappointment; whereupon, on motion by Councilman Santoro, seconded by Councilman Brush, it was unanimously RESOLVED that Mrs. O, R. Steffens of 15 Briarcliff Road, Town, be reappointed to serve as a member of the Recreation Commission of the Town of Mamaro- neck for a term of five (5) years, effective as of May 21, 1958 and to expire on May 20, 1963. The Clerk was directed to so notify Mrs. Steffens and to ex- press the Board's appreciation of her fine past service to the Town through her work on this Commission. PETITION REQUESTING PASSAGEWAY OVER THRUWAY Before proceeding with the regular order of business, the Su- pervisor stating that he noted that there was quite a group of resi- dents present, inquired whether there was any special item of business that this group wished to bring to the Board's attention. p" y w r P Whereupon, William O'Gorman of 5 Revere Road, Town, addressed the Board for the group and presented a petition carrying some 64 signatures and addressed to the Town Council by residents of the Larchmont Gardens Lake area under date of May 21, 1958. The petition requested construc- tion of a passageway over the Thruway from Harmon Drive at the Girl Scout House to the other side of the Thruway and asked that the Council present this request to the Thruway Authority on behalf of the petitioners. Mr. O'Gorman spoke at some length on each of the reasons stated in the petition as the basis for the request. the safety of some 70 school children who must travel this long and dan- gerous route to and from the Murray Avenue and Sts. John and Paul Schools; the effect of the time required for such travel on the lunch-hour at these schools; the inconvenience and hazard to all persons who had to use this route; the difficulty of access to the Lake during the ice skating season and to the Girl Scout House throughout the year for the large number of Girl Scouts who participated in the activities held there almost daily, and in closing, emphasized the dire need for a passageway in the interest of safety and in order to relieve the dangerous situa- tion which will exist upon the opening of the Thruway. At this time and in connection with this petition, the Clerk read a letter addressed to the Town Board by the Larchmont Gardens Civic Association under date of May 18, 1958, urging the Town Board to give every consideration to this petition when presented at the next Board meeting. The following persons were then heard, all in favor of the - petition with the exception of Peter Sullivan of 53 Harmon Drive, who spoke in opposition to the construction of any structure as he felt it would only make the unsightly Thruway that much more unsightly. Norman S. Sherman - 45 Revere Road Harry R. Jackson - 15 Crescent Road Frank J. Moran - 133 Harmon Drive Mario R. Bertolini - 835 Harmon Drive Lee H. Bloom - 22 Myrtle Boulevard Donald J. Blewitt - 134 Harmon Drive The Supervisor suggested that since concern about the safety of the school children seemed very basic to this request, letters be obtained from the school authorities in support of the petition and Dr. T. James Ahern, Superintendent of the Mamaroneck Schools and present, stated that he would be glad to furnish such a letter if desired. Since no representative of Sts. John and Paul was present, the Supervisor advised that he would contact Father Flynn with regard to obtaining a similar letter from him. Following a lengthy discussion by the Board as to how to handle this request, what constituted the more practicle and desirable � r type of passageway and its location, on motion by Councilman Waterman, seconded by Councilman Santoro, it was unani- mously RESOLVED that the Supervisor be and he hereby is authorized and directed to present to the New York State Thruway Authority the request for construction of a passageway across the Thruway from Harmon Drive to the other side of the Thru- way in accordance with the petition received and filed in the Office of the Town Clerk. Dr, Ahern stating that he realized that praise seldom came to governing bodies commended the Supervisor and members of the Board for the action taken with regard to this matter, Mr, James Staropoli called attention to the dirt condition on Harmon Drive caused by spillage from Thruway trucks and re- quested that something be done to alleviate the situation. Mr. O'Brien, Superintendent of Highways, advised that the Town was in constant touch with the Thruway contractors to rectify this condition. He explained that the sweeper could not be used to clean the streets with this spillage of rocks, etc. on the roads as the belts of the sweepers broke and since the cost of replacement was in the neighborhood of $500. 00, it was im- possible to clean the streets until the Thruway removed this de- bris. He further advised that Mr. O'Brien of the Thruway had assurred him that this would be taken care of and Mr. O'Brien stated that the road would be cleaned immediately thereafter. In answer to inquiry by Mrs, Louise Herterkes of 839 Harmon Drive as to sidewalks along New Harmon Drive and a fence bor- dering the Thruway, the Town Engineer advised that there was to be a sidewalk along the railroad side of New Harmon Drive and a beam-type guide railing bordering the Thruway. COMMUNICATIONS 1, County Transportation Company Request Request for Cancella- tion of Bond #188396 The Clerk presented a letter from J. D. O'Neill, Counsel, County Transportation Company, Inc„ under date of May 6th, 1958, requesting surrender of Continental Casualty Bond #188396 for cancellation. Upn the Attorney's advice that cancellation of this bond was in order, on motion by Councilman Kane, seconded by Councilman Brush, it was unanimously - RESOLVED that this Board hereby authorizes cancellation of Continental Casualty Bond #188396 filed with the Town of Mamaroneck by County Transportation Company, Inc, on May 28th, 1956, The Board directed the Clerk to so advise Mr. O'Neill and to forward to him a certified copy of the resolution, Z. Request to Lease Town-owned Property Adjacent to 10 Cabot Road, Town The Clerk presented a letter from Carmine Carolei, dated May 7, 1958, requesting purchase or lease of Town-owned property adjacent to 10 Cabot Road, Town. The Town Attorney advised that there was a sewer ease- ment running through this property and recommended that some study be given to the matter before making any decision regarding disposing of same. The Board referred the matter to the Building Inspector for report and directed that the matter be carried over to the next meeting. 3. Request to Purchase Town-owned Land Adjacent to the Larchmont Motel The Clerk presented a letter from Roland Mayone, Assis- tant Manager of the Larchmont Motel, 50 Boston Post Road, Town, dated May 8, 1958 and requesting purchase of approx- imately 50 feet of Town-owned property on the west boundary line of the Motel property to a point south which would square off the southern boundary line. The Board directed the Clerk to supply each of the members with a copy of the sketch of the parcel enclosed with Mr. Mayone's letter and put the matter over to the next meeting in order to permit each of the Councilmen to inspect this property. The Clerk was directed to acknowledge Mr. Mayone's let- ter and to advise him accordingly. 4. Letter--Traffic Conditions, Weaver Street and Harmon Drive The Clerk presented a letter concerning traffic conditions on Weaver Street and Harmon Drive from the State Traffic Commis- sion under date of May 15, 1958, which was received and filed. COMMUNICATIONS (Not on Agenda) The Clerk presented the following two communications received too late to be listed on the prepared agenda; 1. Letter requesting purchase of Town-owned property The Clerk presented a letter from Irving R. Shapiro, Attorney, requesting purchase by his clients, Twin Lane Auto Laundry, Inc., of the Town-owned property lying between lot #6, Block A and lot #23, Block B, Map 1537, which property is a portion of a parcel of land shown and designated as Van Guilder Street on said map. This matter was referred to the Assessor and Town Attor- ney for study and report and the Clerk was requested to for- ward to each Board member a sketch showing this property and to schedule this matter on the agenda for the next meeting. Z. Authorization for Attendance of F. B.I. Conference The Clerk presented a letter from the Board of Police Com- missioners, dated May 19,, 1958, requesting authorization for attendance of two men at F. B.I. Conference, and on motion by Councilman Waterman, seconded by Councilman Brush, it was unanimously RESOLVED that, in accordance with the recommen- dation of the Board of Police Commissioners, Lt, Waterbury be and he hereby is authorized to attend the F. B.1. Conference on the interstate transporta- tion of stolen property, to be held in New York City on May 21st, 1958, with expenses in an amount not to exceed the sum of $10. 00, to be paid out of the item in the budget established for such purpose. 3. Report of Town Engineer--Weaver Street Sidewalk The Clerk presented the following report, dated May 20th, 1958, and submitted by the Town Engineer as requested by the Board in connection with the requested sidewalk construction on Weaver - Street; "Maps on file in the Town Office and in the Office of the New York State Department of Public Works in Elmsford show that there is an average of five feet between the edge of the gutter and the existing walls, which are assumed to be the property lines. In order to establish the exact property lines, a com- plete boundary survey would have to be made of all properties between Bonnie Way and Murray Avenue. With the exception of two portions totaling 150 feet where the rock is almost to the edge of the gutter, a four foot sidewalk could be placed. However this sidewalk would have to be built right along the edge of the gutter to form a curb. A guard rail of some kind would have to be placed along the edge of the gutter to protect traffic and also to prevent children from stepping onto the street. Where rock is encountered additional property may have to be acquired. There is no way for children to go from Sackett Drive across Westchester County Parkway Commission property to Rouken Glen South Drive without going over private property. The Town has two sewer easements across this property but these cannot be used for any other purpose unless permission is granted by the owner. " The report was received and filed and following some discus- sion, the Engineer was directed to continue this study and to ob- tain approximate costs. i 4. Report of Town Engineer--Collapse of Wall, North of Falls Road between Lakeside Drive and Hickory Grove Drive East The Clerk presented the following report prepared by the Town Engineer in accordance with the Board's direction and submitted under date of May 20th, 1958. B1This wall is entirely on the property of Walter Nicklaus of 110 Hickory Grove Drive East. I have contacted Mr. Far- mer, Engineer, New York State Department of Public Works, who formerly handled applications to New York State for flood control. I explained to him that the collapse of this wall was probably due to erosion and undermining by the Sheldrake River. He suggested that application for aid be made to Mr. Horace S. Evans, Executive Director, New York State Flood Control Commission. A map is being prepared and ap- plication made. A further report will be submitted after re- ceiving result of this application. " This report was received and filed pending further in- formation. REPORTS The Clerk presented the following reports which were re- ceived and filed; Report of the Westchester Shore Humane Society, Inc. P tS'. for the month of April, 1958. Report of the Supervisor for the period from January 1 to April 30, 1958. REPORT OF THE SUPERVISOR 1. Meeting of the Hommocks Committee The Supervisor reported that this Committee had held its first meeting on Monday night with all members in attendance. REPORTS OF THE COUNCILMEN Councilman Brush -- 1. Insurance on Aerial Truck Councilman Brush reported that as directed by the Board, he had checked into the matter of insurance coverage on the aerial truck and reported thereupon to this effect. That the Town did not carry collision insurance on the aerial and that even if we did, it would not cover this accident which y{ was due to mechannical failure. However, he had submitted this matter to the Insurance Carrier incase there might be some way to collect. And further, that since all insurance is a calculated risk, it is hard to evaluate amounts and possible losses but that the Town had very adequate liability protection, while collision which is easier to calculate is carried on only two pieces of apparatus. If the Town carried collision on all equipment, the additional premium would be about $1, 500. per year so the $6, 000. repair bill for the first accident anyone can re- call in the past twenty years justifies the Town not carrying collision insurance. The Board thanked Councilman Brush and the report was received and filed. Councilman Kane -- Councilman Kane stated that he had no report at this time. Councilman Waterman -- Councilman Waterman stated that he had no report to make at this time. Councilman Santoro -- 1. Repair to Firehouse Councilman Santoro reported that the bill for these repairs was in the amount of $1, 087. 75, well under the estimated figure. A breakdown of costs was submitted and received and placed on file. 2. Firehouse--West Wing Councilman Santoro reported that the Town Engineer had pre- pared a report following consultation with Mr. White, a member of the Village of Larchmont Board of Trustees and one of the finest underpining engineers in the country and that Mr. White suggested that the wing be jacked up with steel piles filled with concrete used. Councilman Santoro expressed his deep grati- tude and appreciation for the time and cooperation Mr. White extended so graciously to the Engineer and himself in connec- tion with this matter and suggested to the reporter that public acknowledgement of the Town's gratitude, thanks, and apprecia- tion to Mr. White be made. Councilman Santoro stated that since there were no funds available in this year's budget for this type of operation, a period of some nine month's time was available to the Board for further observation of the wing but suggested that meanwhile Mr. O'Brien have his crew remove the earth and barricade this section. The Board so directed Mr. O'Brien. 3. Recreation Commission Councilman Santoro reported briefly on the annual dinner held in White Plains last evening and on the pleasant evening enjoyed by the Supervisor, himself, and other guests. OTHER BUSINESS At this time since the Town Attorney had been excused earlier and had no report to submit, the Supervisor inquired whether there was any other business to come before this meeting and the following matters were presented; 1. Larchmont Gardens Lake Mr. Edmund B. Van Hook of 198 Weaver Street, Town, inquired as to when the condition at the Lake would be remedied and the Lake refilled and was advised by the Town Engineer that this would take place within the next two weeks. 2. Shelter--New Haven Railroad Station Mr. Van Hook also raised the question of the change of plans in connection with the shelter at the east end of the west bound platform at the New Haven Station as set forth in last night's -- local paper. The Supervisor stated that this was in the Village of Larch- mont and therefore not under the Town's jurisdiction but that since the entire community was concerned, he would consult with Mayor Coffinberry on this mattes. 3. Application for Erection of Fence--Melvin Gluss Mr. Louis J. Garcia of 27 West Brookside Drive, Town, ad- vising that he was late in arriving at the meeting, asked for a review of the Board's action on this application. The Supervisor reviewed the action taken and upon Mr. Garcia's objection to this as he had been denied application for erection of an identical fence, the Board, on motion by Councilman Waterman, seconded by Councilman Kane, unanimously RESOLVED that the last paragraph of the resolution adopted earlier this evening granting permission to Mr. Gluss to erect a stockade type fence on his property located at 70 Fernwood Road, Town, be amended so as to read as follows; RESOLVED that permission is granted to Mr. Gluss to erect a stockade type fence on his property lo- cated at 70 Fernwood Road, Town, and known as Block 218 - Parcel 434 on the Tax Assessment Map .a of the Town of Mamaroneck, said fence to be six (6) feet in height along the entire property line between the lands of Harry N. Marvin and Louis J. Garcia on the east and the lands of Gluss on the west, or from Point #1 to Point #4 on sketch accompanying application and filed in the Office of the Town Clerk, 4, Change of Name--Daymon Terrace to Hirschbeck Place Mr, Lee Bloom of 22 Myrtle Boulevard, Town, in connec- tion with the retirement of Miss Loretta Hirschbeck as Prin- cipal of the Murray Avenue School after fifty years of service, suggested that consideration be given to changing the name of Daymon Terrace to Hirschbeck Place as a permanent and lasting memorial to her services to our school system and to the youth of this community, 5, Mr, Arthur Dunn The Supervisor informed the Board and all present that Mr. Dunn of The Daily Times was in the New York Eye and Ear Infirmary for eye surgery and the Board expressed its best wishes for his speedy recovery, stated how much he was missed and the hope that he would soon be back reporting the meetings. At this time, the Supervisor and members of the Board greeted Mr. Payden who was substituting for Mr. Dunn, 6, Printing of Annual Report The Supervisor, after thanking the Board members for their suggestions and corrections and advising that these had been in- corporated into the copy for the 1957 Annual Report, requested authorization to proceed with the publication and distribution of the Report, and upon motion by Councilman Kane, seconded by Councilman Brush, it was unanimously RESOLVED that the Supervisor be and he hereby is authorized to proceed with the publication and distribution of the Annual Report of the Town of Mamaroneck for the year 1957. ADJOURNMENT There being no further business to come before the meeting, it was declared adjourned at 9;50 p.m. , to reconvene on June 4, 1958, BOARD OF FIRE COMMISSIONERS The meeting of the Board of Fire Commissioners convened im- mediately upon adjournment of the Town Board meeting. COMMUNICATIONS There were no communications to be presented at this meeting. REPORTS Commissioner Waterman stated that there were no reports to be submitted at this time. CLAIMS Commissioner Waterman presented the following claims of the Fire Department which had been audited by the Comptroller and approved by the Fire Chief, and upon his motion, seconded by Com- missioner Kane, it was unanimously RESOLVED that the following claims be and they hereby are approved and the Supervisor and Comptroller be and they hereby are authorized to pay the same out of the budget for the Fire Department: R. G. Brewer, Inc. $ 16. 55 Chatsworth Oil & Heating Co. , Inc. 89. 38 Con Edison, West. 46. 87 Fire Chiefs Emergency Plan, West. 50. 00 McGuire's Wiping Service 7. 50 T. P. McKinstry Co. 110. 00 New York Telephone Co. 32. 00 Richard Plumbing & Heating Co. 33.47 Total -- 385.77 Employees Retirement System 6, 742. 00 Total -- 7, 127. 77 Thomas DeLitto & Sons 621. 30 Atlantic Service Center 4. 30 Harriscon Iron Works 72. 00 Joseph Rigano, Inc. 150. 00 Total 847. 60 Grand Total $7, 975. 37 ADJOURNMENT There being no further business to come before the meeting, it was declared adjourned at 9:55 p.m. , to reconvene on June 4, 1958. o Jerk