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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.