HomeMy WebLinkAbout1956_05_16 Town Board Minutes 821
MINUTES OF A REGULAR MEETING OF THE TOWN BOARD
OF THE TOWN OF MAMARONECK, HELD MAY 16, 1956,
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: Supervisor Burchell
Councilman Waterman
Councilman Kane
Councilman Brush
Councilman Santoro
ABSENT: None
ALSO PRESENT: Mr.
Gronberg
- Town Clerk
Mr.
Delius
- Town Attorney
Mr.
Friedlander
- Town Engineer
Mr.
Finson
- Town Accountant
Mr.
O'Brien
- Superintendent of Highways
APPROVAL OF MINUTES
The minutes of April 18, 1956, were approved as presented.
APPLICATION FOR PERMISSION TO ERECT FENCE
Mrs. Richard Fisk, 10 Oxford Road, Larchmont, submitted
an application with plan for the erection of a close rail rus-
tic fence, 6'6" high, for a distance of about 70 feet, from
the north corner of the rear of property (Block 208 - Parcel
180) in a southwesterly direction to driveway, for the fol-
lowing reasons:
(a) Confinment of dog.
(b) Installation of terrace in enclosure
(c) Acquisition of privacy
The Supervisor requested the Clerk to follow the usual pro-
cedure, notifying the adjoining property owners of this ap-
plication. He also advised Mrs. Fisk that the members of
the Board would view the site of the proposed fence in ac-
cordance with the custom followed in such applications.
MR. JEROME N. WANSHEL--RE PETITIONS FOR REZONING
Mr. Wanshel of 6 Beverly Place, Larchmont, Attorney,
addressed the Board representing his clients, and re-
quested a determination with reference to two petitions
previously submitted to this Board - one pertaining to
rezoning a subdivision plot and the other to the rezoning
of the property adjacent to and bordering the area in
said subdivision plot.
Councilman Kane explained the position of the Planning
Board in connection with said petitions, to which Board
this Board had referred same.
The Supervisor suggested that the Board communicate
with the Planning Board and request a report with rec-
ommendations on the rezoning of the areas as described
in the above-mentioned petitions.
OLD BUSINESS
APPLICATION HAMPSHIRE COUNTRY CLUB--ERECTION
OF DIKE
Mr. Jerome N. Wanshel, Attorney for the Club, ad-
vised the Board that a new proposal was being pre-
pared and requested that this matter be deferred to
the meeting of June 6, 1956.
REQUEST FOR PAVING MAXWELL AVENUE--MR. BENJAMIN
JAFFE
Upon ascertaining from Mr. Jaffe, who was present at
the meeting, that the shopping center would be in full
operation within the next few weeks, the Board deferred
this matter to the meeting of June 6, 1956.
APPLICATION TO ERECT FENCE--MR. E. H. BURDICK
The Clerk reported that letters had been sent to the
neighboring property owners concerning this appli-
cation and that no objections had been received.
On motion by Councilman Brush, seconded by Coun-
cilman Waterman, the following resolution was
unanimously adopted:
WHEREAS, Mr. E. H. Burdick of 96 Edge-
wood Avenue, Larchmont, heretofore re-
quested a permit for the erection of a six-
foot six-inch woven wood fence along the
rear of his property, known as Block 128 -
Parcel 26 on the Tax Assessment Map of
the Town of Mamaroneck; and
0
WHEREAS, the Building Inspector refused
to grant such permit on the ground that
construction or erection of such fence vio-
lated the provisions of Section 112, Article
21 of the Building Code; and
WHEREAS, Mr. Burdick has appealed to
-- this Board for modification of the Building
Inspector's decision, pursuant to Section 23,
Article 1 of the Building Code, so as to al-
low erection of said fence,
NOW, THEREFORE, BE IT
RESOLVED that permission is granted to
Mr. Burdick to erect a woven wood fence to
a height not exceeding 6-feet 6-inches on his
rear property line on premises known as
Block 128 - Parcel 26 on the Tax Assessment
Map of the Town of Mamaroneck, said fence
to be not more than 80 feet long.
APPLICATION TO ERECT FENCE--MR. JAMES C. DI GIACOMO
The Clerk reported that letters had been- sent to the
neighboring property owners concerning this appli-
cation and that no objections had been received.
On motion by Councilman Waterman, seconded by
Councilman Santoro, the following resolution was
unanimously adopted:
WHEREAS, Mr. James C. Di Giacomo of
20 South Ridge Road, Larchmont, hereto-
fore requested a permit for the erection of
a Westshire fence, 3 or 4 feet in from his
rear property line with a 10-foot return on
both ends, for a distance Hof approximately
190 feet - 110 feet six-foot in height and 80
feet 8-foot in height on his property known
as Block 206 - Parcel 107 on the Tax As-
sessment Map of the Town of Mamaroneck;
and
WHEREAS, the Building Inspector refused
to grant such permit on the ground that
construction or erection of such fence vio-
lated the provisions of Section 112, Article
21 of the Building Code; and
WHEREAS, Mr. Di Giacomo has appealed
to this Board for modification of the Building
Inspector's decision, pursuant to Section 23,
Article 1 of the Building Code, so as to al-
low erection of said fence,
NOW, THEREFORE, BE IT
RESOLVED that permission is granted to
Mr. James C. Di Giacomo to erect a West-
shire Fence, 3 or 4 feet in from his rear
property line with a 10-foot return on both
ends, for a distance of approximately 190
feet, with 110 feet at a height not exceeding
six-feet and 80 feet at a height not exceed-
ing eight-feet, on premises known as Block
206 - Parcel 107 on the Tax Assessment
Map of the Town of Mamaroneck.
OVERNIGHT PARKING--LARCHMONT ACRES
The Clerk presented the report of the Police Chief,
dated May 12, 1956, pertaining to the parking prob-
lem in the Larchmont Acres area.
The Supervisor reported that Chief Yerick and he
had conferred with Mr. Jack Kupferberg in the office
of Larchmont Acres on May 8, 1956, and had met in
New York City with a Mr. Mindlin, who represented
the owners of Larchmont Acres, on Friday, May 11,
1956. Mr. Mindlin advised that plans had been made
to enlarge the Acres parking lot behind the Post Lodge,
work on same to start in June, and also advised that
the management planned to further enlarge the lot in
1957.
The Supervisor further reported that he had conferred
with Mr. Greenberg of Knotty Knolls and was advised
by him that there were available for rent 10 garages
unoccupied by the tenants of Knotty Knolls.
The Supervisor then asked whether anyone present
wished to speak in connection with this matter, and the
following persons, all residents of Larchmont Acres,
were heard:
Mr. Alexander H. Pollak
Mr. John J. Cassidy
Mr. Sidney Mendelson
Councilman Waterman suggested that the Board give
some thinking to the question of the possibility of
whether the Town, as a municipality, might be obli-
gated to provide parking spaces, and were any such li-
ability to exist, to the possibility that the Town might
have to provide a municipally-owned parking lot, with
charges, for overnight parking.
In view of the reports given, it was the decision of the
Board to table this matter until the July meeting in or-
der to see what effect the proposed and promised addi-
tional parking spaces would have on the entire situation.
NEW BUSINESS
SATURDAY CLOSING OF TOWN OFFICES
The Supervisor presented the reports on activities
in each department of the Town Offices on Satur-
days as recorded from January 1, 1956, to the
present date.
On motion by Councilman Santoro, seconded by
Councilman Brush, it was unanimously
RESOLVED that the Town Offices of
the Town of Mamaroneck be closed
on Saturdays beginning June 2, 1956,
APPOINTMENT OF BOARD OF REVIEW
At the suggestion of the Supervisor, this matter was
deferred to the next meeting of the Town Board.
COMMUNICATION--CHIEF YERICK RE EXAMINATION FOR
NEW SERGEANT
The Clerk presented a communication from Chief Yerick,
dated May 2, 1956, advising that the Police Department
has funds in the 1956 Budget for an additional sergeant
and that the Board of Police Commissioners has author-
ized the Chief to proceed with the arrangements for the
examination of such sergeant with the Department of
Civil Service.
This matter required no action by the Town Board,
COMMUNICATION--CHIEF YERICK RE REQUEST TO SELL
EXTRA MOTORCYCLE
The Clerk presented a communication from Chief Yerick,
dated May 2, 1956, advising that the Board of"Police
Commissioners recommended the sale of a 1951 Harley
Davidson Motorcycle, which is on hand and not currently
used by the Police Department.
On motion by Councilman Waterman, seconded by Coun-
cilman Kane, 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, a notice for bids
for the sale of one (1) 1951 Harley David-
son Motorcycle, to be sold on an t'as is"
basis; said bids to be addressed to the
Town Clerk of the Town of Mamaroneck,
and said bids to be accompanied
by a check for ten (10%) per cent of the
amount of bid.
FURTHER RESOLVED that these bids
shall be publicly opened at a regular
meeting of the Town Board on June 6,
1956, in the C ouncil Room of the Wea-
ver Street Firehouse, Weaver Street,
Town of Mamaroneck.
COMMUNICATIONS NOT ON THE AGENDA
At this time, the Clerk requested and was granted permis-
sion to present the following communications received sub-
sequently to the agenda:
(1) COMMUNICATION -CHIEF YERICK RE FINGERPRINT SCHOOL
A communication under date of May 15, 1956, from
the Police Chief, requested approval for payment
of expenses to Detective Christopher Loveley in con-
nection with his attendance at a Fingerprint School.
On motion by Councilman Kane, seconded by Coun-
cilman Santoro, it was unanimously
RESOLVED that the expenses incurred by
Detective Christopher Loveley in attend-
__ ing a Fingerprint School at the County Jail,
conducted by the Sheriff in conjunction with
the F. B.I. , be and they hereby are ap
proved.
FURTHER RESOLVED that the Comptroller
be and he hereby is authorized to audit his
claim for expenses in an amount not exceed-
ing $12. 50 for luncheons for five (5) days
at $2. 50 per day, said expenses to be paid
out of the item in the Budget for this purpose.
(2) COMMUNICATION--PLANNING BOARD RE BLOCK 501 - PARCEL. 1
A communication from the Planning Board, dated
May 8, 1956, and signed by Morgan J. Burke, Jr. ,
Chairman, recommended that the petition to change
the use of property known as Block 501 - Parcel 1
on the Tax Assessment Map of the Town of Mamar-
oneck, from residential to another classification
be rejected for the reasons listed in said commun-
ication.
Mr. Reuben Sirlin, Attorney, addressed the Board
speaking for his client, the petitioner, and requested
the Board to reconsider the recommendation sub-
� a
witted by the Planning Board on the grounds that
this property consisting of nothing more than a
rock pile in front and a swamp bordering the rail-
road tracks in the rear is totally unsuitable for
residence A use and suitable only for such use as
his client proposes.
In order to afford the Board members time to
personally view the property and to give further
consideration and study to this matter, the Super-
visor recommended that the matter be deferred to
the next meeting of the Board.
(3) COMMUNICATION--PLANNING BOARD RE REQUEST OF
MR. F. D. GIR.ONDA
A communication to the Planning Board under date
of April 28, 1956, from Mr. F. D. Gironda, re-
questing the extension of Garfield Street across
Chatsworth Avenue, under Murray Avenue bridge,
to Myrtle Boulevard, was referred to this Board
in a communication from the Planning Board under
date of May 8, 1956.
The Supervisor asked whether the Board would like
him to write to Mr. Gironda explaining that the
land over which the new street would have to be
built is at present County-owned, and also that a
considerable part of this area is that which the
Town hopes to lease from the County for a parking
area.
The Board so directed the Supervisor,
REPORTS
The Clerk presented the following reports which were re-
ceived and filed:
Report of the Town Clerk for April, 1956.
Report of the Receiver of Taxes and Assessments
for April, 1956. (This report carried a rider
stating the total taxes collected to date this
year. )
Report of the Westchester Shore Humane Society,
Inc. for April, 1956.
- Statement of Bank Balances, Town of Mamaroneck,
as of May 1, 1956.
The Finanical Report for the Town of Mamaroneck as of
December 31, 1955, as submitted by Glick-Freedman,
Certified Public Accountants, was presented and tabled
for the next meeting of the Board.
MM
REPORT OF THE SUPERVISOR
Re: Water Works
The Supervisor reported that some progress was
being made by the Water Board which is presently
engaged in setting up procedures, organizing com-
mittees, etc. , in connection with the proposed new
water supply line and that he would keep the .Board
informed as the course is charted.
Re: Officials of Village of Larchmont and Town of
Mamaroneck
The Supervisor suggested that some thought might
be given to the possibility of the officials of the
Village of Larchmont and the Town working to-
gether to see what could be accomplished with mu-
tual understanding between the Village and the Town
toward the solution of those problems of common
concern.
Re: Leasing substitute parking area from the County
The Supervisor reported that negotiations were now
in process with Mr. Haight, Superintendent of the
Westchester County Park Commission, to lease
County-owned properties in and around the station
area for use as municipal parking lots.
REPORTS OF THE COUNCILMEN
Councilman Brush--
Re: Civil Defense
Councilman Brush reported that the Supervisor
and he had attended a meeting with a Mr. Roy
Peters of the American Red Cross, Mr. C. H.
Greenall, and Mr. Edward S. Hartley, Deputy
Local Director of Civil Defense, and spent con-
siderable time in discussing the personnel and
responsibilities of the Red Cross and the Civil
Defense. Councilman Brush stated that it was
now his understanding that the Civil Defense op-
erated in the time of war disasters and the Red
Cross in natural disasters, with the Civil Govern-
ment responsible in the case of civil disasters and
the County Sheriff the person to be contacted for
assistance.
Councilman Kane-
Re: Planning Board
Councilman Kane reported on the meeting of the
Planning Board, commending their work highly.
Councilman Waterman--
No report other than Fire matters.
Councilman Santoro--
Re: Incinerator Commission
Councilman Santoro reported that at the meeting
of the Incinerator Commission earlier that even-
ing, added insurance for fire coverage had been
approved.
Re. Recreation Commission
Councilman Santoro stated that he had attended
the meeting of the Recreation Commission on
Monday evening and that the Commission had
announced the date for the Annual Golf Tourna-
ment of the Town of Mamaroneck - June 25,
1956, at the Bonnie Briar Country Club.
Councilman Santoro also advised that referring
to the statement of Mr. Eugene McCann, ap-
pearing in The Daily Times on May 15, 1956,
concerning the Golf Tournament, he had called
Mr. McCann and explained that efforts had been
made to arrange a meeting with the officials of
the Village of Mamaroneck for the purpose of
discussing this matter, and that the only reason
there was no report at this time was that so far
it had not been possible to find a time mutually
agreeable to hold such a meeting.
Councilman Santoro further reported that the
Recreation Commission was planning a Recep-
tion on June 11th or 12th in order to introduce
to the community the new Superintendent of
Recreation, Mr, James Kronenberger.
REPORT OF THE TOWN ATTORNEY
Re: Ferndale Center, Inc.
The Attorney reported that Judge Schmidt had dismissed
the action of the Town of Mamaroneck against Ferndale
Center, Inc. , handing down a decision against the Town
on the grounds that the business existant in this area
made it confiscatory, unconstitutional, and invalid to
keep this property zoned as residential.
Mr. Mario Lorenti, Attorney representing John N. Ci-
vettini, 37 Weaver Street, Larchmont, addressed the
Board at some length and requested the Board to take
an appeal from this decision as the decision, as
handed down, would work great hardship on his
client and others residing in this area.
Mr. Frederick Gage, Attorney representing
Salvatore Fazio, 30 Weaver Street, Larchmont,
also addressed the Board, urging that an appeal
be taken in order to protect the Town in en-
forcing its Zoning Ordinances as this action was
brought to protest and stop a violation of an or-
dinance of the Town.
The Supervisor suggested that a committee of
the Board, consisting of Mr. Delius, Councilman
Waterman, and the Supervisor, all attorneys,
review the case legally and report to the Board.
MR. ROBERT E. THOMPSON--RE SEWER VIOLATION
Mr. Thompson of 49 Dillon Road, Town of Mamaro-
neck, who had called the Board's attention to a notice
of sewer violation served upon him by the County
Health Department, at the last meeting of the Board,
inquired as to whether there was any report on this
matter.
The Supervisor called on the Town Engineer, Mr.
Friedlander, who reported that Mr. Delius and he
- -- were working on the matter but were still checking
records at this time.
MR. HARRY ALPIAR--RE JULY 4th OBSERVATION
Mr, Harry Alpiar of 132 Chatsworth Avenue, Larchmont,
requested the customary donation from the Town toward
the "Safe and Sane" observances of the 4th of July held
annually in Flint Park.
After some discussion, the Board requested Mr. Alpiar
to get in touch with Mr. Warner, Chairman of the Recrea-
tion Commission, with reference to this request.
APPOINTMENT OF FIRE INSPECTOR.
Councilman Waterman presented a communication, ad-
dressed to him as a member of the Board of Fire Commis-
sioners, dated May 11, 1956, from Arthur M. Brown, Sec-
retary of the Fire Council, requesting approval of a motion
passed at the meeting of the Fire Council on May 4, 1956,
favoring the appointment of Edward L. Leone as Fire In-
spector of the Town of Mamaroneck Fire Department.
Onrnotion by Councilman Waterman, seconded by Coun-
cilman Brush, it was unanimously
RESOLVED that the appointment of Edward
L. Leone as Fire Inspector by the Chief of
the Fire Department and the Fire Commis-
sion, pursuant to Article I, Section 2 of the
Fire Prevention Ordinance of the Town of
Mamaroneck, in the place of George W.
Burton, is hereby approved, effective as
of June 1, 1956, to serve at the pleasure
of the Board.
FURTHER RESOLVED that Edward L.
Leone, Chief of the Fire Department, is
hereby appointed Fire Inspector, pursuant
to Section 303, Subdivision 4 of the Multiple
Residence Law of the State of New York, to
serve at the pleasure of the Board, said
Fire Inspector to be paid at the rate of
$960. 00 per annum, commencing June 1,
1956.
ADJOURNMENT
There being no further business to come before the meeting,
it was adjourned at 10:00 P.m. , to reconvene June 6, 1956.
MEETING--BOARD OF FIRE COMMISSIONERS
The meeting of the Board of Fire Commissioners was con-
vened immediately upon the adjournment of the Town Board
meeting.
CLAIMS
Councilman Waterman_presented the Fire Department
claims, which had been audited by the Comptroller and
approved by the Fire Chief.
On motion by Councilman Waterman, seconded by Coun-
cilman Brush, it was unanimously
RESOLVED that the following claims be and
they hereby are approved and the Supervisor
and Comptroller be and they hereby are au-
thorized to pay the same out of the Budget
for the Fire Department:
New York State Employees
Retirement System $6, 076. 60
A & A Automotive Company 2. 88
Chatsworth Oil & Heating Co. , Inc. 130. 50
The Gamewell Company 3. 64
Reginald Jubb Garage 637. 69
Robert's 81. 00
Wesco Fire Equipment and Service 112 . 06
Grand total $7, 044. 37
REQUEST OF FIRE CHIEF TO ATTEND ANNUAL FIRE CHIEF'S
CONFERENCE
Councilman Waterman presented a communication from
the Fire Chief, dated May 16, 1956, requesting per-
mission for the Deputies and Fire Chief to attend the
New York State Association of Fire Chief's Annual Con-
ference, to be held at Schroon Lake, New York, on
June 3, 4, 5, and 6, 1956.
On motion by Councilman Waterman, seconded by Coun-
cilman Kane, it was unanimously
RESOLVED that Fire Chief Edward L.. Leone,
First Deputy Chief Lennert Johnson, and
Second Deputy Chief Charles Deshensky be and
they hereby are authorized to attend the New
York State Association of Fire Chief's Annual
Conference, to be held in Schroon Lake, New
York, on June 3, 4, 5, and 6, 1956; and
FURTHER RESOLVED that expenses for said
trip in an amount not to exceed $300, 00 be paid
out of the Budget from the item for this purpose.
ADJOURNMENT
There being no further business to come before the meeting,
it was adjourned at 10:15 p.m. , to reconvene June 6, 1956.