Loading...
HomeMy WebLinkAbout1956_02_15 Town Board Minutes k, MINUTES OF A REGULAR MEETING OF THE TOWN BOARD OF THE TOWN OF MAMARONECK, HELD FEBRUARY 15, 1956, IN THE AUDITORIUM 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: Supervisor Burchell Councilman Kane Councilman Brush Councilman Santoro ABSENT: Councilman Waterman ALSO PRESENT: Mr. Gronberg - Town Clerk Mr. Delius - Town Attorney Mr. Finson - Town Accountant Mr. O'Brien - Superintendent of Highways Mr. Orsino - Comptroller Chief Yerick - Chief of Police - WELCOME TO GIRL SCOUTS Before proceeding with the business of the meeting, the Supervisor extended a cordial welcome to a group of girls attending the meeting representing Troup 4 of the Larchmont Girl Scouts. APPROVAL OF MINUTES The minutes of January 18, 1956, were approved as presented. PUBLIC HEARING--AMENDMENT TO ZONING ORDINANCE The Clerk presented the Affidavit of Publication of a Notice of a Public Hearing to be held February 15, 1956, at the Weaver Street Firehouse, Weaver Street, Town of Mamaroneck, to consider an amendment to the Zoning Ordinance of the Town; said Notice was published in the official newspaper of the Town of Ma- maroneck, The Daily Times. The following persons appeared in favor: Mr. A. G. Bogardus - 17 Overlook Terrace, Larchmont, representing the Council of Larch- mont Civic Associations and the Larchmont Hills Association. O, Mr. Louis M. Bernstein - 1 Huguenot Drive, Larchmont, appearing as an individual. Mr. Edmund B. Van Hook - 198 Weaver Street, Larchmont, representing the Council of Larchmont Civic Associations. Mr. Lionel P. Marks - 60 Howell Avenue, Larchmont, representing the Howell Park Association. The following persons were also heard: Mr. Frank X. O'Donnell, Jr. - 100 Palmer Avenue, Larchmont. Mr. Joseph L. Seely - 8 Serpentine Trail, Larchmont. Mr. Leo Fish - 8 Huguenot Drive, Larchmont. Mr. Marshal N. de Noyelles, Jr. - 2Z Rock Ridge Road, Larchmont. There were no persons appearing in opposition. There being no one else present who wished to be heard, the Supervisor declared the Hearing closed. The Planning Board, in compliance with the request of this Board, submitted a report, dated February 1, 1956, rec- ommending the adoption of this amendment. On motion by Councilman Santoro, seconded by Councilman Brush, upon roll call, it was RESOLVED that Paragraph 3, Section 14, Article III, of the Zoning Ordinance of the Town of Ma- maroneck, originally adopted June 21, 1922, and last amended on October 19, 1955, be amended so as to read as follows: Article III, Section 14, Paragraph 3 In the B-2, C, and D districts, no dwelling or mul- tiple dwelling shall hereafter be erected or altered to accommodate or make provisions for more than thirty (30) families on any acre of land, nor more than a proportional number of families on a frac- tional part of any acre of land. The maximum num- ber of families which may hereafter be housed on any plot of ground shall not exceed the integral num- ber obtained by multiplying the acreage of such plot, exclusive of the area within the street line, by thirty (30). ow The vote recorded on this resolution was: Ayes: Councilman Santoro Councilman Brush Supervisor Burchell Noes: Councilman Kane OLD BUSINESS APPLICATION HAMPSHIRE COUNTRY CLUB--ERECTION OF DIKE Mr. Jerome N. Wanshel, 6 Beverly Place, Larchmont, Attorney for the Club, requested approval of the en- gineer's plan as submitted to Mr. Latimer, with the proviso that said plan would incorporate such changes as Mr. Latimer had suggested. Councilman Santoro stated that he would prefer to have Mr. Latimer's report and the approved plan prior to granting formal approval. The Board, in complete accord with this suggestion, agreed to notify Mr. Wanshel immediately of any action taken upon receipt of said report and approved plan. PETITION AND MAP--REQUESTING AN AMENDMENT TO THE ZONING ORDINANCE TO CREATE A NEW DISTRICT Councilman Kane reported that the Planning Board, after all due consideration at the meeting of that Board on Feb- ruary 6, 1956, had submitted a report to this Board, dated February 7, 1956, recommending that the proposed amend- ment to the Zoning Ordinance to create a new district be disapproved. The following persons were heard: Mr. Wanshel, Attorney for the petitioners. Mrs. Loren R. Dodson - 29 Mohegan Road, Larchmont, in behalf of The Garden Club of Larchmont. Mr. Marks in behalf of The Council of Larch- mont Civic Associations. Mr. Frank R. Lyon, Jr. - 35 Avon Road, Larchmont, as a member of the Larchmont Ridge Association. After discussion, the Board, on motion by Councilman Santoro, seconded by Councilman Brush, unanimously OWN } ��. RESOLVED that the matter of the creation of a new residence AA.1 district which was referred to the Planning Board by resolutionof this Board on February 1, 1956, and on which an unfavorable report was received from the Planning Board, be referred back to that Board for further study and additional recommendation to this Board. REQUEST OF DR. EUGENE M. MARTIN -- RE DRAINAGE The Clerk read a communication, dated February 14, 1956, addressed to the Town Board, from Frank R. O'Brien, Superintendent of Highways, stating that Councilman Santoro and he had inspected the area in question and felt that the Town should improve the drainage. He further advised that there were adequate funds in the Budget to cover this expenditure. Mr. O'Brien informed the Board that he would proceed with this work as indicated. BIDS -- PURCHASE. OF POLICE CARS The Clerk presented a communication from Flinn Motor Corporation, dated February 3, 1956, stating that if all five (5) police cars were equipped with standard trans- - missions , the sum of $396. 00 could be deducted from the bid submitted on February 1, 1956. On motion by Councilman Kane, seconded by Councilman Santoro, it was unanimously RESOLVED that this Board hereby accepts the low bid, to wit, the bid of Flinn Motor Corporation to furnish to the Police Department of the Town of Mamaroneck five (5) new 1956 Ford Standard Model two-door sedans, to be equipped with standard transmissions and in accord- ance with the specifications as stated, for the total price of $7, 018. 00. RE WIDENING OF HARRISON DRIVE Supplementing the inspection and report of the Superin- tendent of Highways and the Police Chief, each of the members of the Board visited the area and reported that although they felt there was some hazard at this corner due to the contour of the land bordering Harrison Drive at this point, every precautionary measure in the interest of safety had been taken at this intersection and that the street seemed to be of sufficient width to meet traffic demands. 6h� The Clerk was directed to reply to the communication of the Larchmont Village Clerk defining the action taken by the Town Board in consideration of this matter. COMMUNICATION -- RE STREET LIGHTING ON MYRTLE BOULEVARD The Clerk presented a communication from Chief Yerick stating that Mr. O'Brien and he had inspected the area referred to and found it no darker than other streets. He further advised, however, that the lighting at the intersection of Preston Street and Myrtle Boulevard could stand improvement. Mr. O'Brien reported that he had arranged for an ex- pert from Consolidated Edison to inspect this area to determine whether the use of larger bulbs with increased wattage would alleviate the condition. Mr. Peter Mosher, 72 Vine Road, Larchmont, sug- gested the use of luminous paint and reflectors on the poles in this area. The Board thanked Mr. Mosher and stated that his suggestion would be given consideration. NEW BUSINESS LEASE ST. THOMAS CHURCH The Supervisor explained that the lease for the rental of the premises used as the Town Offices at 158 West Boston Post Road, Village of Mamaroneck, read for one year at the current rental instead of for two years as formerly,due to the request of the Church Trustees for a rent increase; the lease being drawn for the year 1956 only at the current figure. On motion by Councilman Kane, seconded by Councilman Brush, it was unanimously RESOLVED that the resolution heretofore adopted at the meeting of this Board on January 4, 1956, with reference to the lease or rental of the premises used as the Town Offices at 158 West Boston Post Road, Village of Mamaro- neck, be amended to read as follows: RESOLVED that the Supervisor be and he hereby is authorized to sign the lease for the rental of the premises used as the Town Offices at 158 West Boston. Post Road, Village of Mamaroneck; the lease being for the year 1956 at the rate of $3, 300. 00. APPOINTMENT--MR. LAURENCE SOBEL TO ZONING BOARD OF APPEALS The Supervisor informed the Board that Mr. Sobel's term as a member of the Zoning Board of Appeals would expire on February 19, 1956. On motion by Councilman Santoro, seconded by Coun- cilman Brush, it was unanimously RESOLVED that Laurence J. Sobel, 31 Howell Avenue, Laxchmont, be reappointed as a mem- ber of the Zoning Board of Appeals, Town of Mamaroneck, effective February 19, 1956, to serve for a period of five (5) years, said term expiring on February 19, 1961. COMMUNICATION--THE GARDEN CLUB.OF LARCHMONT RE ACQUISITION OF PROPERTY The Clerk presented a communication from Mrs. Dorothy C. Miller, Chairman of the Conservation Committee of the Garden Club, addressed to the Supervisor of the Town Council, Town of Mamaro- neck, enclosing a communication to the Planning Commission, re the acquisition by the Town of the County-owned property known as The Cross County Parkway right-of-way. The Woman's Club of Larchmont, Inc. , in a com- munication, dated February 11, 1956, addressed to the Planning Commission of the Town of Ma- maroneck, formally endorsed the proposal of the Garden Club of Larchmont. Mr. Van Hook advised that the Council of Larch- mont Civic Associations supported the Garden Club in this proposal. After discussion, the Board requested the Super- visor and the Attorney to explore the legal aspects of the situation. COMMUNICATION--TITLE GUARANTEE AND TRUST COMPANY RE CANCELLATION OF TAXES The Clerk presented a communication from the Title Guarantee and Trust Company requesting cancellation of lien on Block 833 Parcel 107, Map Washingtonville. On motion by Councilman Kane, seconded by Coun- cilman Santoro, it was unanimously RESOLVED that the following tax, lien, or lease appearing on the records in the County Finance Commissioner's Office, be cancelled, the same apparently hav- ing been paid according to the records in the office of the Receiver of Taxes of the Town of Mamaroneck: Block 833 - Parcel 107 -- Map Washingtonville Lot Year Amount Sale To Years Leased 199 1895 $ 4. 42 10/6/ 1893 Town 1, 000 COMMUNICATION--LARCHMONT GARDENS CIVIC ASSOCIATION RE RODENT CONTROL The Clerk presented a communication from the Larchmont Gardens Civic Association, dated February 7, 1956, with reference to the inci- dence of rats in the vicinity of the brook and the Larchmont Gardens Lake. The Board requested the Superintendent of Highways to have the Greenwich Exterminating Service make a survey of the area in question and report to the Board. COMMUNICATION--LARCHMONT GARDENS CIVIC ASSOCIATION RE COLONIAL NURSERY SCHOOL The Clerk presented a communication from the Larchmont Gardens Civic Association, dated February 7, 1956, calling attention to a possible violation of the Zoning Code by the Colonial Nursery School. The Board requested the Attorney to inform the Colonial Nursery School of the restrictions ap- plicable to this property under the Zoning Code. REPORTS The Clerk presented the following reports which were re- ceived and placed on file: Report of the Building Inspector for January, 1956. Report of the Town Clerk for January, 1956. Report of the County Transportation Company in accordance with Paragraph 25 of Franchise Report of County Transportation Company for Gross Earnings Tax -- July 1 to December 31, 1955, in accordance with Paragraph 23 of Franchise. Attendance Report-for January, 1956. REPORT OF THE SUPERVISOR Re: Proposed Legislation The Supervisor reported on the proposed legisla- tion authorizing Town and Village Boards, upon notice, to require property owners to remove ob- structions impeding the free flow of water in a lake, pond, or stream, and upon default of prop- erty owner to do so; the Town or Village may re- move and assess cost against respective property owners. Re: Water Supply The Supervisor reported that at a recent meeting of the Westchester Joint Water Works Board, the question of the adequacy of the water supply for the Towns of Mamaroneck and Harrison and the Villages of Mamaroneck and Larchmont was dis- cussed. It was decided that a meeting be held with repre- sentatives from all the communities involved at- tending to consider this matter. Re: Convention The Supervisor reported briefly on the Annual Convention of the Association of Towns of New York, held in Buffalo, February 7 - 9, 1956, which the Town Attorney, the Town Accountant, Councilman Santoro, and he attended. He stated that he was greatly impressed with the high repute of Mr. Delius in this Association, and with the prestige this reflected on the Town of Mamaroneck. REPORTS OF THE COUNCILMEN Councilman Brush-- Re: Boy Scout Dinner Councilman Brush reported his attendance, rep- resenting the Supervisor, at the Annual Boy Scout Father and Son Dinner on February 9, 1956, with over 400 Boy Scouts and their fathers present. Re: Park Department, Councilman Brush presented a resolution, with overlay, as adopted at a special meeting of the Park Commission on February 10, 1956. After considerable discussion, on motion by -- Councilman Brush, seconded by Councilman Kane, the Board unanimously RESOLVED THAT because it is our desire to maintain the natural beauty of our com- munity and because a tree takes so many years to grow, the Town Board of the Town of Mamaroneck respectfully requests that the New York State Thruway Authority pre- serve and not destroy the eighteen (18) trees with trunks that have diameters in ex- cess of one-foot that are located on the site of a proposed temporary parking lot near the Larchmont Station between Baldwin Street and Myrtle Boulevard. FURTHER RESOLVED THAT the Thruway Authority is requested to leave undisturbed the small area at the very rear of the pro- posed temporary parking lot presently used by our Park Department for a nursery, so that it can remain a nursery. The Clerk was directed to send certified copies of this resolution to the New York State Thruway Au- thority, to Mr. Robert W. Briggs, Consulting En- gineer, and to the Park Commission. Councilman Kane-- Re: Apportionments Councilman Kane presented the following petitions received from the Assessor for the correction of the assessment roll so as to permit the apportion- ment of taxes. On motion by Councilman Kane, seconded by Coun- cilman Brush, the following resolution was unani- mously adopted: WHEREAS, the Assessor has presented peti- tions for the correction of the assessment roll for certain years, pursuant to the pro- visions of Section 557, Article 16, of the Westchester County Administrative Code, known asthe Westchester County Tax Law; and WHEREAS, after due consideration, this Board finds it desirable to grant said pe- titions for the correction of said assess- ment roll, - NOW, THEREFORE, BE IT RESOLVED that the assessment roll of 1955, taxes of 1956, which shows property now ap- pearing on the roll as follows: Block Parcel Name Land Imp Total 912 14 Noah Levine $12, 000 $10, 000 $22, 000 be corrected as follows in accordance with the provisions of subdivision 5 of Section 557: Block Parcel Name Land Imp Total 912 14 Noah Levine 8, 400 9, 000 17, 400 912 17 Yetta Epstein 3, 600 1, 000 4, 600 FURTHER RESOLVED that the assessment roll of 1955, taxes of 1956, which shows property now appearing on the roll as follows: Block Parcel Name Land only 346 243 Gaetano R. Protano $ 3,000 be corrected as follows in accordance with the provisions of subdivision 5 of Section 557: Block Parcel Name Land only 346 243 Klaas Van Heel 200 346 244 Richard Tannous & W 2, 800 FURTHER RESOLVED that the assessment roll of 1955, taxes of 1956, which shows property now appearing on the roll as follows: Block Parcel Name Land only 609 344 J. A. & A. J. Mignarri 1, 700 be corrected as follows in accordance with the provisions of subdivision 5 of Section 557: Block Parcel Name Land only 609 344 John A. Mignarri 800 609 349 Armondo J. Mignarri 900 Re: Consultant for Planning Board Councilman Kane reported that the Planning Board felt the need for the services of an expert as consultant in consideration of some of the problems before them. The Supervisor informed the Board that he had discussed this matter with the Chair- man of the Planning Board. Councilman Santoro-- Re: Convention Councilman Santoro also commented on the excellence of the program at the Annual Convention of the Association of Towns and of the high tribute paid to Mr. Delius. Re: Town property to be acquired by Thruway Councilman Santoro reported that he had filed a map with the Clerk showing property located on the corner of Bryant Circle and Mamaroneck Avenue, namely Block 815 - Parcel 852, which property is owned by the Town and to be acquired by the Thruway. Mr. Santoro requested the Clerk to direct the map to the Assessor with request for a report on the value of this land. REPORT OF THE ATTORNEY Re: Communication--The Garden Club of Larchmont With reference to a letter, addressed to the Plan- ning Board from The Garden Club of Larchmont, concerning the acquisition by the Town of County- owned property, known as The Gross County Park- way right-of-way, the Attorney reported that in a letter, addressed to the Chairman of the Planning Board, he had advised that no action be taken by that Board unless or until the matter was referred to them by the Town Board under Section 274 of the Town Law. Re: Soundview Woods Inc. --Block 227 - Parcel 1 The Attorney reported a request for postponement of the closing to March 13, 1956, and recommended that this be granted. The Board unanimously authorized the Attorney to grant such adjournment. Re: Hommocks Road proposed dike Referring to the proposal to construct a dice along Hommocks Road on property belonging to the Town, the Attorney suggested that con- sideration be given to some sort of easement between the Hommocks Country Club and the Town inasmuch as future maintenance and re-' pair to the dike might become necessary. MATTERS NOT ON THE AGENDA RESOLUTION--COUNCIL OF LARCHMONT CIVIC ASSOCIATIONS Mr. Marshal N. de Noyelles, Jr. , representing the Council of Larchmont Civic Associations, presented and filed with the Clerk, a resolution, dated Febru- ary 15, 1956, as passed by that organization on Feb- ruary 13, 1956, requesting the Town to acquire title to those portions of the Pelham-Port Chester Park- way property situated in the Town of Mamaroneck. The Board requested the Supervisor and Attorney to include this matter in their deliberations concerning the acquisition of the Cross County Parkway right-of- way property. -- RE: ZONING VIOLATIONS Mr. Louis Bernstein addressed the Board on the sub- ject of two instances of violation of the Zoning Code: First - the use of a building located on Garfield Street in an A residential area for a com- mercial purpose in violation of the Zon- ing Code. Second - the violation of a variance granted to Mr. Frank Guadagnolo to construct a garage on Fifth Avenue in accordance with the plans and specifications sub- mitted and approved. The Board referred both matters to the Building Inspector and Attorney. ADJOURNMENT There being no further business to come before the meeting, it was adjourned at 10:10 p.m. , to reconvene on March 7, 1956. MW MEETING--BOARD OF FIRE COMMISSIONERS The meeting of the Board of Fire Commissioners was postponed until March 7, 1956.