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HomeMy WebLinkAbout1994_03_07 Town Board Regular Minutes TOWN OF MAMARONECK TOWN BOARD AGENDA REGULAR MEETING-Monday, March 7, 1994 -Town Center- Senior Center- 8:15 PM THE TOWN BOARD WILL CONVENE AT 7:00 PM into a Work Session on the fire house project and incinerator law and will then adjourn into Executive Session at 7:30 PM to discuss personnel. CONVENE REGULAR MEETING RECESS INTO WORK SESSION ADJOURN WORK SESSION CONVENE EXECUTIVE SESSION ADJOURN EXECUTIVE SESSION RECONVENE REGULAR MEETING CALL TO ATTENTION -Location of Exits PUBLIC HEARINGS - Sign Ordinance -Parking Ordinance for Wood Street ORAL COMMUNICATIONS WRITTEN COMMUNICATIONS SUPERVISOR REPORTS REPORTS OF THE COUNCIL APPROVAL OF MINUTES - January 5, 1994 BOARD OF FIRE COMMISSIONERS 1. Fire Claims 2. Authorization-Lease Agreement- Temporary Fire House 3. Update -Fire House Renovation Project AFFAIRS OF THE TOWN 1. Appointments 2. Update-Police Department Walking Patrols 3. Update -Incinerator Law 4. Resolution- Community Development Block Grants 5. Authorization- Settlement of Insurance Claim 6. Salary Authorization- Recreation Next regularly scheduled meetings - March 16, 1994 -April 6, 1994 MINUTES OF THE REGULAR MEETING OF THE TOWN BOARD AND THE BOARD OF FIRE COMMISSIONERS OF THE TOWN OF MAMARONECK, HELD ON MONDAY, MARCH 7, 1994 AT 8:15 PM IN THE SENIOR CITIZEN CENTER OF THE TOWN CENTER, 740 W BOSTON POST ROAD, MAMARONECK, NEW YORK. This meeting was originally scheduled for March 2, 1994, but because of a snow storm was rescheduled to the abovestated date. CONVENE REGULAR MEETING The Regular Meeting of the Town Board was called to order by Supervisor Price at 7:00 p.m., at which time on motion duly made and seconded, the meeting was unanimously declared adjourned into Work Session in Conference Room A to discuss the fire house project and the incinerator law. The Board then recessed into an Executive Session, which, on motion duly made and seconded, was unanimously declared adjourned at 8:25 pm with no official actions being taken. RECONVENE REGULAR MEETING The Regular Meeting of the Town Board was called to order by Supervisor Price at 8:30 pm. Present were the following members of the Board: Supervisor: Elaine Price Councilwoman: Kathleen Tracy O'Flinn Councilman: Paul A. Ryan Councilwoman: Valerie M. O'Keeffe Councilman: Barry Weprin Also present were: Patricia A. DiCioccio, Town Clerk Stephen V. Alfieri, Town Administrator Steven M. Silverberg, Town Counsel CALL TO ATTENTION Supervisor Price pointed out to those assembled the locations of exits as required by law for public gatherings. PUBLIC HEARING - Sign Ordinance - Parking Ordinance -Wood Street On motion duly made and seconded the public hearing was opened at 8:30 pm March 7, 1994 The Supervisor commented that this was a continuation of a hearing that had been held at the last Board meeting. She then asked if there was anyone who wished to speak in favor of the sign ordinance. As no one came forward, she asked if there were anyone against. Ken Ricklin, Home Fair Camera on the Boston Post Road. He said that outside his business is a sign which is on a pole that he had received a permit for when he appeared before the Board of Architectural Review in November 1993, the sign is conforming to all ordinances and I was given a permit for this sign. He continued that he had gone to great expense to put this sign up during tough economic times, and that it would be detrimental to his business to have the sign removed, and since I've gone through such a great expense, I wonder if that was considered when this ordinance was drawn up. Mr. Ricklin said that he is sure the business that line the Boston Post Road would have the same apprehensiveness to this change in the ordinance that he has and that during these times, visibility to one's business was important, especially now that we are all working longer hours to help meet our rising costs. Mr. Ricklin concluded that it would be totally against business interests to cut visibility, as well as to cut out signs that have been obtained legally. The Supervisor explained that the Building Department and the BAR had worked hard to revise this law, and there were considerations about your sign and others, the intent was not to decrease your visibility, but to improve the look of the Boston Post Road area. She said that is why they included a 4 year time span to replace the sign. Mr. Matthew, Nautilus Diner, Boston Post Road said that the sign he had on his diner was to attract transient business, which is how his business survives. Dr. Mason said that signs are vital to maintain the visibility of businesses, to take away that visibility and jeopardize the business that now generates taxes, seem unfair at best, but I think that some of these signs need to be grandfathered in, and would be more appropriate. There being no further comment, on motion duly made and seconded the public hearing was closed On motion of Councilman Weprin, seconded by Councilwoman O'Keeffe, it was unanimously, RESOLVED, that the Town Board does hereby approve the amendments to the Sign Ordinance as follows: Local Law No. 2 - 1994 PASTE IN THE LOCAL LAW 2 March 7, 1994 Local Law No. 1994 I �a SIGNS ARTICLE I 1. PARKING LOTS . Parking lots, including those used as accessories to retail . businesses which are to be operated or used after daylight hours, shall be adequately illuminated, and the minimum illumination shall be one-tenth (1/10) of. one (1) watt per square foot of parking area distributed over the entire area, employing a minimum number of poles and fixtures to meet these standards . Lights shall be provided with reflectors arranged so that the illumination is directed downward and away from adjacent buildings and any street or highway which adjoins the parking lot . Shaded floodlights may also be used on the premises, but, where used, such floodlights shall not interfere with the traffic lights and signals on streets or highways adjacent to the parking lots or impair the ability of persons driving vehicles on such highways to safely operate such III vehicles . 2 . SALES LOTS . Every light used for the illumination of a lot used for the sale or display of motor vehicles or the sale of other merchandise and car-washing establishments shall be provided with an opaque shade which shall extend downward or in the direction of the axis of the bulb as far as the filament so as to entirely cover the bulb. All lights shall be shielded so that no light will be transmitted directly to adjoining property or to the street, except that the sidewalk area immediately abutting the premises may be illuminated by lights on the premises . Shaded spotlighting shall be arranged as provided in Section 1. 3 . TEMPORARY RELIEF PERMITS . Whenever it has been adequately demonstrated to the Building Inspector that compliance with the terms of this chapter cannot be effectively and immediately made, the Building Inspector shall have the authority to grant a temporary permit for the continued operation of such nonconforming equipment but only in the event that the owner has taken all necessary steps to secure compliance with this chapter. Such temporary permit shall be issued for no longer a period than three (3) months, at the expiration of which period of time the owner holding such temporary permit shall be deemed to be in violation of the provisions of this chapter. 3 March 7, 1994 ARTICLE II 4 . DEFINITIONS . As used in this Article, the following terms shall have the meanings indicated: ACCESSORY SIGN - Any sign related to a residence, business or profession conducted or to a P commodity or service sold or offered lawfully existing upon the premises where such sign is located. BAR - Town of Mamaroneck Board of Architectural Review. AWNING SIGN - Any visual message incorporated into an awning. BUILDING INSPECTOR or INSPECTOR OF BUILDINGS - The Inspector of Buildings in the Town of Mamaroneck or other officer duly authorized to perform his duties . FRONT OR FACE OF A BUILDING - The general outer surface of the building abutting or fronting upon any main street or main IIIpublic highway. ILLUMINATED SIGN - Any sign illuminated directly or indirectly by electricity, gas or other artificial light . INTERIOR SIGN. - Any sign, except address numbers, that is affixed to or painted on the interior of a window or glass, or any sign located within six (6) inches of the inside face of the window or a door, which sign is designed to be visible from the exterior of the window or door. NON-ACCESSORY SIGNS - Any sign unrelated to a business or profession conducted or to a commodity or service sold or offered upon the premises where such sign is located. PERSON - One (1) or more persons, corporations, partnership, associations, joint-stock companies, societies and all other entities of any kind capable of being sued. PROJECTING SIGN - Any sign which is erected or maintained over any street, sidewalk, alley or highway within the Town of Mamaroneck. PYLON SIGN - An integral, non-structural architectural feature normally at right angles to the wall which may be used for the 7- display of a sign(s) . ROOF SIGN - A sign erected upon or above the roof of a building but shall not include a pylon or other structure which protrudes above the roof and is an integral part of the building upon which the same is attached. 4 • March 7, 1994 SHADED LIGHT - Those lights provided with an opaque shade which shall extend downward, or in the direction of the axis of the bulb, beyond the filament so no part of the filament extends beyond the end of the shade opening. SIGN - Any structure or part thereof or any device attached to a building or painted or represented thereon which shall display or include any letter, word, model, banner, pennant, logo, insignia, device, trade flag, symbol or representation which is in the nature of or is used as an announcement, direction or advertisement for commercial purposes or otherwise. A "sign" includes any message and any billboard, neon tube, string of lights or similar device placed upon, outlining, hung, painted upon or attached to part of a building or lot but does not include the flag or insignia of any nation or group of nations or of any governmental agency or of any political, educational, charitable, philanthropic, civic, professional, religious or like campaign, drive, movement or event except when displayed in connection with a commercial promotion. STANDING SIGN - A sign not attached to a building commonly referred to as ground, monument or directory sign, but not including pole signs . TEMPORARY SIGN - A sign which is designated to advertise or announce a particular event or series of events, to solicit political support or to announce the availability for sale of, any type of property intended to be available for a limited period of time. WALL SIGN - A sign which is attached directly to or painted on the building wall and is parallel to the building wall . 5 . PERMIT REQUIRED. After the effective date of this chapter and except as otherwise herein provided, it shall be unlawful and a violation of this chapter for any person to erect, construct, paint, alter, relocate, reconstruct, display or maintain or cause to be erected, constructed, displayed or maintained within the Town of Mamaroneck any sign or signs without first having obtained written permit from the Building Inspector for such sign or signs and without having complied with the provisions of this chapter. 6 . EXEMPTIONS FROM PERMIT REQUIREMENT. The following signs do not require a permit : 6-A. Signs of duly constituted governmental bodies, including traffic or similar regulatory devices and legal notices . 6-B. Flags or emblems of political, civic, philanthropic, educational or religious organizations . 5 March 7, 1994 6-C. Bulletin boards or signs not over sixteen (16) square feet in area for public, charitable or religious institutions, where the signs are located on the premises of said institution. 6-D. Memorial plaques, cornerstones, historical tablets and the like. 6-E. Signs not visible off the lot upon which they are situated. 6-F. Up to two (2) professional nameplates which do not individually exceed one (1) square foot in area. 6-G. Identification signs posted in conjunction with doorbells or mailboxes, not exceeding a total of thirty (30) square inches in surface area. 6-H. Signs required to be maintained or posted by law or governmental order, rule or regulation. 6-I . Address signs . Not more than two (2) address signs shall be permitted for each street frontage. No single permitted address sign shall exceed two (2) square feet in surface area with a total area for all allowable signs not to exceed four (4) square feet and are to be located not less than five (5) feet back from the street line. Address signs shall show only the numerical address designations (in number or script) of the premises upon which they are situated, except that residential address signs may include the name of the family resident therein. 6-I (1) . The figure or figures comprising the number to be displayed on a building or on a mailbox, lamp post or sign pole hereunder shall be at least three (3) inches in height and shall be placed on the front of said building or on a mailbox, lamp post, or sign hereunder in a prominent and conspicuous place and in such manner as to be plainly legible from the center of the street at all times between sunrise and sunset. The color of said figures shall be in sharp contrast to the color of their background. Provided, however, that so far as the purpose or intent of this section is concerned, the front of a building shall be construed as that side of the building which faces the street on which the number or numbers shall be displayed on such side of such building or premises . 6-I (2) . The numbers shall be so placed so that they will not be obstructed by trees, shrubbery, porches or other extensions of the building. 6-I (3) . Wherever practicable said number shall be placed near some light or source of illumination so that it may be readily seen at night . 6 March 7, 1994 6-I (4) . Where the building upon which the number is to be displayed is more than fifty (50) feet from the edge of the right-of-way (whether improved or not) of the street or road serving the building, the number shall be displayed on a mailbox, lamp post, or sign readily visible from the road or street and in no event further back than fifteen (15) feet from said road or street right-of-way. The display of any house number other than the number assigned by the post office is expressly prohibited. 6-J. Cautionary signs which are less than thirty-six (36) square inches in size, such as, but not limited to "danger, " "no trespassing, " "alarm, " etc. No more than one (1) sign shall be placed at the front of the house and no more than one (1) sign should be placed upon any wall, with a maximum of six (6) signs allowed. 6-K.. Private traffic signs, including directional, regulatory, warning or informational signs of a noncommercial nature which are in the public interest, such as but not limited to "exit, " "entrance, " "parking, " "one-way, " etc. Each such sign shall not exceed three (3) square feet in area. 6-L. Signs giving the name of the person making alterations or repairs to the premises upon which such sign is erected, but only during the period of such repairs, shall be not more than six (6) square feet in area and limited to one (1) sign for each lot or plot and located on the building or, if standing signs, located not less than the applicable minimum yard dimensions for structures as set forth in the Zoning Ordinance. No permit is required. 6-M. Signs on premises during the period of new construction giving the name of the architect, contractor or builder shall be not more than six (6) square feet in area and limited to a maximum of two (2) signs per plot and located on the building or, if • standing signs, located not less than the applicable minimum yard dimensions as set forth in the Zoning Ordinance. 6-N. Block parties conducted pursuant to a permit issued by the Town Clerk may have two (2) signs up to six (6) square feet in area displayed for no longer than the day of the event and forty-eight (48) hours prior thereto. No other block party signs are permitted. 6-0. The number of the permit issued by the Building Department must be displayed on all signs in letter of one (1) inch in height at the bottom right hand corner of the sign. III 7 . RESTRICTIONS IN ALL DISTRICTS . Sign prohibitions and restrictions . The following prohibitions and general restrictions shall apply in all building zones . 7 March 7, 1994 7-A. Only accessory signs shall be permitted. 7-B. Billboards shall be prohibited. 7-C. Roof signs shall be prohibited. 7-D. No sign or part thereof shall consist of pennants, ribbons, streamers, balloons, spinners or other similar moving, fluttering or revolving devices, except as part of limited special events, grand openings and holiday season promotions as approved by the Town Board. No such special event shall exceed a period of fifteen (15) days and shall not be repeated for at least a one-hundred- twenty-day interval thereafter. 7-E. No sign shall project above the parapet of a building. 7-F. No sign shall be erected in such a manner as to obstruct free and clear vision for drivers nor at any location where, by reason of the position, shape or color, it may interfere with, obstruct the view of or be confused with any authorized traffic sign, signal or device by making use of the word "stop, " "look, " "danger" or any other word, phrase, symbol or character or red, green or amber illumination or reflection in such a manner as to interfere with, mislead or confuse traffic. III7-G. No portable or temporary sign shall be placed on the front face of any building or otherwise upon any property, improved or unimproved, or public ways adjacent thereto except as provided in 14 herein. 7-H. Signs painted directly upon the surface material of a building or other structure are prohibited. 7-I . Any permanent sign placed on a building or upon any property containing flags, banners and/or any material which moves in any way through operation of the wind and/or any mechanical device is found by this Local Law to be objectionable and as a general practice to be not in character with the community. However, it is recognized that on rare occasions a flag, banner or other material which can be movable by operation of the wind may be in character with a particular architectural design. Therefore, the Board of Architectural Review is empowered to grant special permits for signs of such description provided there is a specific finding by the Board of Architectural Review that the sign is for new construction and that the particular sign is an integral aspect of the architectural design of the new construction, which enhances such new construction, and is in character with the general surrounding community. Upon such findings the Board of III Architectural Review may grant a special permit which shall be renewable every two years . Upon application for renewal the Board of Architectural Review shall ascertain that the sign in question has been well maintained and that it continues to be an integral part of the architectural design of the property and is in character with the surrounding community. This section shall not 8 March 7, 1994 include signs containing flags, banners, etc. for special events as set forth in 7-D. 7-J. Illuminated signs shall be non-flashing and shall employ only light sources that are so located that no source of illumination is exposed, except that neon signs or other exposed-glowing-glass-tube type or exposed-light-source type signs or attachments that swing, revolve or otherwise move or special fixture signs or devices, such as signs with clocks, barometers, thermometers or other moving indicators and signs with luminous paint or other metallic-sparkle- type paint, existing as of the effective date of this chapter, shall be permitted for the duration of their useful life but in no event longer than two (2) years and shall not be replaced. If any signs existing as of the effective date of this chapter are of the flashing type, such signs so existing shall be removed or converted to a non-flashing type of sign which may then be permitted for the duration of their useful life as so converted but in no event longer than two (2) years and shall not be replaced. 8 . APPLICATION FOR PERMIT. Any person desiring to procure a permit for a sign or signs shall file with the Building Inspector of the Town of Mamaroneck a completely filled-out sign application along with product and color samples of all finishes and sign elements; 4" x 6" color photographs of the site and adjacent parcels within fifty (50) feet of the building, and eight (8) copies of the following, which shall contain: 8-A. A scale drawing showing the lettering and pictorial matter composing the sign, a description of the construction details of the sign structure and the intensity and type of lighting to be provided in accordance with Sections 13 A-F. 8-B. A location plan showing the position of the sign on the building or premises . 8-C. Such other information as the Building Inspector may require to show compliance with the provisions of this chapter. 8-D. The Board of Architectural Review shall review the application for conformance with these additional standards : 8-D (1) . Signs should be designed to be compatible with the surroundings and appropriate to the architectural character of the buildings on which they are placed. Sign panels and graphics should relate with and not cover architectural features and should be in proportion to them. 8-D (2) . Signs should be appropriate to the types of activities they represent . 8-D (3) . Layout should be orderly and graphics should be of simple shapes, such as rectangle, circle or oval . 9 March 7, 1994 8-D (4) . No more than two (2) typefaces should be used on any one (1) sign or group of signs indicating one (1) message . 8-D (5) . The number of colors used should be the minimum consistent with the design. Groups of related signs should express uniformity and create a sense of harmonious appearance . 8-D (6) . The use of sharply contrasting colors may be prohibited if inconsistent with the character of the sign and its surroundings . Signs on the same building should be similar in color, size, shape and location. • 8-D (7) . Illumination should be appropriate to the character of the sign and surroundings . 8a-E. All applications for sign permits must be accompanied by a filing fee of $25 . 00 for each sign. 8-F. Any person aggrieved by a decision of the Building Inspector or the BAR relative to the provisions of this chapter may appeal such decision, in writing, to the Zoning Board of Appeals as provided in 16 . 9 . UNSAFE AND NONCONFORMING SIGNS . 9-A. Whenever it shall appear to the Building Inspector that any sign has been constructed or erected or is being maintained in violation of any of the terms of this chapter or is unsafe and insecure or is in such condition as to be a menace to the safety of the public, he shall thereupon issue or cause to be issued a notice, in writing, to the owner, if the whereabouts of such owner is known, informing such person of the violation of this chapter or the dangerous condition of such sign and directing him to make such alteration or repair thereto or to do such things or acts as are necessary or advisable to place such structure in a safe, substantial and secure condition and to make the same comply with the requirements of this chapter within such reasonable time as shall be stated in such notice. Upon failure to comply with such notice within the time specified, the Building Inspector may cause such sign or such part thereof as is constructed or maintained in violation of this chapter to be removed and may charge the expense of such removal to the person so notified; provided, however, that nothing herein contained shall prevent the Building Inspector from adopting such precautionary measures as may be necessary or advisable in case of imminent danger to the public or to adjoining property to place such sign in a safe condition, the expense of which shall be paid by the owner. • 9-B. Every person maintaining a sign shall, upon vacating the premises where the sign is maintained, forthwith remove such sign. 10 March 7, 1994 9-C. Any nonconforming sign which becomes unsafe or is removed for any reason may not be replaced except by a sign conforming with this chapter. 9-D. Signs existing as of the effective date of this chapter which do not conform to the provisions hereof shall be permitted to remain for the duration of their useful life but in no event longer than two (2) years and shall not be replaced. 10 . RESIDENTIAL DISTRICTS . 10-A. In residential districts, as established by the Zoning Ordinance of the Code of the Town of Mamaroneck, no signs shall be erected or maintained except the following: 10-A(1) . Signs advertising the sale or rental of property on which they are located shall be not more than three (3) square feet in area and limited to one (1) sign for each lot or plot and located on the building or, if standing signs, set back from the street so as to be located not less than the applicable minimum yard dimensions for structures, as set forth in the Zoning Ordinance. 10-A(2) . Signs advertising the sale of lots in a subdivision approved by the Planning Board of the Town of Mamaroneck consisting of two (2) or more lots shall be not more than six (6) feet wide or four (4) feet high and mounted as a standing sign such that the top shall not be higher than ten (10) feet above the ground upon which it is situated. Such signs shall be limited to one (1) sign for each street on which the subdivision has frontage and located within the subdivision and not less than the applicable minimum yard setback dimensions for structures as set forth in the Zoning Ordinance. 10-B. The signs listed in this section must be located on the premises to which they pertain. 11 . BUSINESS AND LIGHT INDUSTRY DISTRICTS . In business, service business, mixed business, urban renewal, and light industry districts, as established by the Zoning Ordinance of the Code of the Town of Mamaroneck, no sign shall be erected or maintained except the following signs and unless such signs comply with the following provisions, but any sign permitted in a residential district shall be permitted in business and light industry districts : 11-A. A wall sign which shall not extend more than twelve (12) inches from such exterior building wall or face. 11-B. The maximum vertical dimension or height of such sign as permitted in 11-A above shall be thirty-two (32) inches, except that the maximum height of lettering or pictorial matter shall not 11 March 7. 1994 • exceed twenty-four (24) inches unless such sign is composed entirely of separate letters attached directly to the wall of a building, in which case the letters shall not exceed thirty-two (32) inches in height . The maximum horizontal dimension or length of such sign shall not exceed the length of the street frontage of the business establishment upon which such sign is erected or maintained, but no sign shall exceed fifty (50) feet in length on any street frontage for the same business . In no case, however, regardless of the size of lettering or frontage of the property, may a sign exceed one hundred (100) square feet . The lower edge of such sign shall not be located above the level of the floor of the second story of the building upon which the sign is placed or maintained, and no such sign shall extend beyond the top or ends of the building surface upon which it is placed or otherwise attached. More than one (1) sign for each business establishment is permitted, provided that the combined signs do not exceed the maximum limitations for a single sign for each frontage . No sign shall be erected on any side wall of a building. 11-C. One (1) two-sided standing sign of an overall outline area of not more than thirty (30) square feet per sign face which may refer to any single business enterprise whose building or part thereof is seventy-five (75) feet or longer, measured parallel to the street . For a plot having over one hundred fifty (150) feet in frontage, a maximum of two (2) standing signs will be allowed. A standing sign shall be oriented to generally face the street to which it is adjacent, and all parts thereof shall be back from the street lines . No part of any directory or monument sign shall be more than six (6) feet above the ground subject to the provisions of the Zoning Ordinance relating to visibility at intersections . Said sign shall not use guy wires for support . Pole signs existing as of the effective date of this Chapter may remain in place so long as the current occupant continues to occupy the premises to which the sign is related and such sign may continue as long as it is kept in good repair, as a legal non-conforming sign. However, any alterations to the premises requiring a building permit, even in the case of existing occupant, shall automatically require the removal of any existing non-conforming pole signs relating to such occupancy. In no event shall a non-conforming pole sign be allowed longer than 4 years . 11-D. Signs mounted on a pylon, which is an integral part of a building but not constituting a building wall, may be considered as and substituted for standing signs as permitted in 11-C above, except that signs on a pylon shall not extend beyond the top or edges of the pylon and the height of the top of such signs shall not be higher than the height of the building permitted under the Zoning Ordinance. Pylon signs existing as of the effective date of this Chapter may remain in place so long as the current occupant continues to occupy the premises to which the sign is related and such sign may continue as long as it is kept in good repair, as a legal non-conforming sign. However, any alterations to the premises requiring a building permit, even in the case of existing occupant, shall automatically require the removal of any existing 12 March 7, 1994 non-conforming pylon signs relating to such occupancy. In no event shall a non-conforming pylon sign be allowed longer than 4 years . 11-E. No interior sign shall be erected or maintained in the window of a building which is visible from outside except as follows : 11-E (1) . One (1) permanent, durably constructed and approved sign no greater than twenty percent (200) of the window area or eight (8) square feet, whichever is smaller. 11-E (2) . One (1) permanent sign indicating the hours of the establishment not greater than one (1) square foot in area. 11-E (3) . No window signs shall be so arranged as to prevent the viewing of displays or the interior of the space, except for temporary use of window space for town or civic functions . 11-F. Signs identifying the builder or contractor in connection with buildings under construction for which a building permit has been issued and is in effect, but only during the period of construction, not more than thirty-two (32) square feet in size and located on the building as provided for in 11-A and B of this section, or, if standing, not less than twenty-five (25) feet back from the street line and height not to exceed ten (10) feet . 11-G. No sign permitted in 11-A through F, inclusive, of this section shall face any adjoining lot in a residential zone . 11-H. At the entrance of buildings with business establishments above the first floor, nameplates of uniform design and appearance at the entrance of each such building and not more than a total of three (3) square feet and eighteen (18) inches in height may be mounted at the sides of such entrance, provided that they are placed flat against the wall adjacent to the entrance. 11-I . Signs that otherwise comply with appropriate sections of this chapter may bear either the name of the proprietor of the business conducted, the business phone number, the nature of the business, the goods sold or the services rendered on the premises, or any or all of them. 11-J. Signs that otherwise comply with the appropriate sections of this chapter may be attached flat and parallel upon the wall of the building and permitted to extend over a public sidewalk, alleyway, highway or street, provided that such sign shall not project more than twelve (12) inches from the face of the building, and, if externally illuminated, then shields, hoods or arms for such illumination shall not project more than two (2) feet from the building. 11-K. Any sign now or hereafter existing which no longer advertises bona fide business conducted or a product sold shall be taken down and removed by the owner, agent or person having the 13 March 7, 1994 chapter becomes effective may continue for a period of thirty (30) days thereafter. Nothing contained in this section shall apply to the regulations for illuminations of parking lots and other spaces 'for the sale or display of motor vehicles and other goods and automobile-washing establishments as contained in 1 through 3 , inclusive, of this chapter. 12-F. A sign illuminated by electricity or equipped in any way with electric devices or appliances shall conform, with respect to wiring and appliances, to the regulations of the New York Board of Fire Underwriters and shall bear the stamp of a legal inspection agency. 13 . TEMPORARY SIGNS . The erection, installation or maintenance of temporary signs, as defined in 4, is hereby prohibited, except that the Building Department may grant special permission for the maintenance of the following signs : 13-A. A temporary sign not exceeding sixteen (16) square feet in area which is erected by a municipal, charitable or nonprofit organization is permitted for a period not to exceed thirty (30) days . A temporary sign not exceeding sixteen (16) square feet in area which is erected in a business zone by a political organization is permitted for a period not to exceed thirty (30) days . 13-B. The name and address of the sponsor and person responsible for removal are to be identified. 13-C. Temporary interior signs announcing special sales or events shall be permitted in a business district . Such signs shall cover not more than twenty-five percent (250) of the window area to which they are affixed and shall be removed within fifteen (15) days . 14 . SAFETY. 14-A. No signs shall be erected in such a manner as to obstruct free egress from any window, door or fire escape or so as to become a menace to life, health or property. 14-B. All signs affixed to any wall or building shall be securely fastened thereto. 14-C. All signs illuminated by electricity shall conform with respect to wiring and appliances to the provisions of Chapter 106, Fire Prevention and Building Construction, of the Code of the Town of Mamaroneck relating to electrical control . 15 . VARIANCES . The Zoning Board of the Town of Mamaroneck may, in appropriate cases and after public hearing and subject to appropriate 14 March 7, 1994 PUBLIC HEARING - Parking Ordinance -Wood Street On motion of Councilman Ryan, seconded by Councilwoman O'Flinn, the meeting was unanimously declared open. The Administrator said that prohibition had been prepared at the behest of residents of Wood Street, who said that out of town commuters were using the street for long term parking and by limiting them to two hours it would eliminate the problem. The Supervisor asked if anyone wished to speak in favor or against this law. On motion of Councilwoman O'Keeffe, seconded by Councilman O'Flinn, it was unanimously, RESOLVED, that the Town Board does hereby approve the restriction to parking on Wood Street as follows: LOCAL LAW NO. 3-1994 Section 1 . Purpose: The purpose of this local law is to regulate parking on Wood Street in accordance with the recommendations of the Town Traffic Commission. Section 2. Parking Restricted: During the hours of 7:00 am to 2:00 pm from Monday through Friday, parking shall be limited on the west side of Wood Street to no more than two hours. Section 3. Signs to be Erected: The Highway Department shall erect appropriate signs on the west side of wood street reading two hour parking, 7:00 am to 2:00 pm, Monday through Friday.' Section 4. Fines and Penalties: Violation of this local law shall be a violation punishable by a fine in an amount to be set, from time to time by Town Board resolution. Section 5. Severability: Should any provision of this local law be declared invalid by a court of competent jurisdiction, such declaration of invalidity shall not effect any other section of this local law which may be otherwise capable of enforcement. Section 6. Effective Date: This local law shall take effect immediately. 15 March 7, 1994 APPROVAL OF MINUTES - January 5, 1994 • On motion of Councilwoman O'Keeffe, seconded by Councilwoman O'Flinn, it was unanimously, RESOLVED, that the Town Board does hereby approve the minutes of January 5, 1994 as presented. BOARD OF FIRE COMMISSIONERS The meeting was called to order by Commissioner Price at 9:40 pm in the Senior Center. Present were the following members of the Commission: Commissioner: Elaine Price Commissioner: Kathleen Tracy O'Rinn Commissioner: Paul A. Ryan Commissioner: Valerie M. O'Keeffe Commissioner: Barry Weprin Secretary to the Commission: Patricia DiCioccio 1. Fire Claims Commissioner Ryan presented fire claims for authorization of payment and on his motion, seconded by Commissioner Ryan, it was unanimously, RESOLVED, that this Commission hereby authorizes payment of the following Fire Department claims as approved by the Fire Chief and audited by the Comptroller's Office: OPERATING FUND AAA Emergency Supply Co., Inc. $240.00 AAA Emergency Supply Co., Inc. 143.00 Eaton Financial Corp. 147.16 ESCO Exterminating Services 108.00 Excelsior Garage & Machine Works 187.50 Gall's 44.25 Lawrence Oil 1,389.29 Our Designs 224.00 R & F Trophies 179.75 Rickert Lock & Safe Co. 21.95 Sound Shore Fire Protection 185.50 TOTAL $ 2.870.40 CAPITAL,PROJECTS FUND Sullivan Architects 9,735.00 Grand Total $12.605.40 2. Authorization - Lease Agreement-Temporary Fire House 16 March 7, 1994 Mr. Silverberg said that the typographical errors had been fixed, and that he had received a call from the property owners attorney, who requested that the address for Mr. Auricchio be changed to 110 Echo Lane, New Rochelle, NY. 10801. The Supervisor asked if there were any comments from the firemen, there being none, on motion of Commissioner Ryan, seconded by Commissioner Weprin, it was unanimously, RESOLVED, that the Town Board does approve the lease agreement as amended between the Town and Frank Auricchio, 110 Echo Lane, New Rochelle, at a cost of $73,000 for the term of the lease, which will provide temporary headquarters for the Are Department. 3. Update - Fire House Renovation Project The Supervisor reported that the fire house renovation was in the process of going before various boards and commissions in the Town, and that the neighbors had been to the Zoning, Planning, CZM, and BAR. She said that they were all pleased at the response of the neighborhood, and within that process, there had been changes, modifications and compromises, adding that the Zoning Board would be meeting on March 23rd. and Planning would meet on April 13th, and the BAR would meet on April 21 st. Supervisor Price outlined some of the modifications to the projects noting that they were subject to approval by certain boards; the buffer zone was almost doubled, while reducing the parking by 28 spaces; the BAR was pleased with the overall design, with minor modifications; the Planning Board had been listening to concerns regarding landscaping, noise, environmental, they also listened to input on a drive through bay, and that they will continue to hold the public meeting open until April 13th. She reiterated an invitation to anyone wishing input to come to those meetings, and thanked those residents who have been attending these meetings telling of their concerns. Supervisor Price asked if anyone from the Fire House Building Committee wanted to report on the temporary headquarters. Peter Perciaseppe replied that he had visited the site and that there was much to be done; windows need to be fixed, lightbulbs and ceiling tiles replaced, and since there is no oil in the tank we can't be sure that the heat is working, Mr. Auricchio has agreed to proceed as quickly as possible. Councilwoman O'Keeffe said that she had been approached by residents who had some concern with respect to fire protection because of the location of the temporary fire house, especially near Premium Point and Dillon Road, and she wanted to know if other arrangements were being made to cover those areas. Mr. Perciaseppe answered that at the temporary headquarters they are actually closer to Premium Point and Dillon Road and as to the north end of Town, they would approach it by way of the Carlton House towards Chatsworth. The Fire Chief explained that there also was an agreement with Scarsdale for mutual aid that has been in effect since 1970, we operate with them in the north end as it is, and I've spoken to the Chief in Larchmont, and they will probably be assisting in the south end of the Town like near the Alden House, but that this procedure is the same as was used during the renovation of the Weaver Street Bridge and that he does not see a problem. There then followed a discussion regarding parking, handicapped access, emergency calls, time table to move and what would be happening to the wooden stairs. There being no further business to come before this Commission, on motion duly made a seconded the meeting adjourned at 9:55 pm. • 17 March 7, 1994 AFFAIRS OF THE TOWN 1. Appointments - CAC The Supervisor said that there was an opening on the CAC and knew that Mr. Beshar was interested in the group, she added that he was a resident of the Village of Larchmont, was a graduate of Harvard Law School and Yale University and that she thought he would be an asset to that board. On motion of Supervisor Price, seconded by Councilman Ryan, it was unanimously. RESOLVED, that this Commission hereby Peter Basher, Larchmont, as a member of the Conservation Advisory Commission effective immediately, and for a term to expire December 1997. 2. Update - Police Department Walking Patrols Sgt. Michael Nardelli was introduced. He informed the Board members that the Police Department had instituted a foot patrol around the Myrtle Boulevard, train station area. Sgt. Nardelli explained that this area was popular for purse snatchings, car thefts, and muggings, and to combat that, we have set this program up. He said that police presence has already curtailed the part of the problem, and in addition, we have contacted businesses, apartment owners, and managers in that area to talk to them of their concerns. He also said that the hut would be renovated and put it down by Myrtle Park, where a patrolman will be station during certain hours and we are hoping to have a public phone as well as the phone that links us to headquarters. Since the patrols have started in January, crime has gone down to zero. Sgt. Nardelli then answered questions from the Board members as well as from residents. He thanked everyone and reminded them that an officer is always available to neighborhood organizations that wanted to become more aware of crime prevention. 3. Update - Incinerator Law The Supervisor reminded everyone that the Town had passed a law two years ago which would phase out incinerators, the date of that phase out is fast approaching, March 26th. She said that as it stands now, 1 and 3 Washington Square are not burning and are working on containers; 2 Washington Square is working on a dumpster enclosure; 11 Alden Road and 11 No. Chatsworth Avenue are under negotiations and discussion; and there was a request by 14 No. Chatsworth for an extension, which was denied. There then followed a discussion on the logistics of the closings. • 4. Resolution - Community Development Block Grants The Administrator said that the Board had previously authorized the submission of the Community Development Block Grant applications, and in conjunction with those applications it would be necessary to adopt a resolution committing the Town to the contribution of a portion of the funds for each of the grant applications. [Handicapped Sidewalk Ramps] 18 March 7, 1994 On motion of Councilman Ryan, seconded by Councilman Weprin, WHEREAS, the Town Board has previously adopted a resolution for the preparation and submission of an Urban County Block Grant application for the installation of handicapped sidewalk ramps; and _ WHEREAS, in order to be eligible for the Community Development Grant funds, the Town must contribute funds to the proposed grant project; NOW THEREFORE, BE IT, RESOLVED, that the Town shall contribute to the project an amount equal to $60,000. Ayes: Weprin, O'Keeffe, Ryan, O'Flinn, Price Nays: None [Removal of Handicapped Barriers) On motion of Councilwoman O'Keeffe, seconded by Councilwoman O'Flinn, WHEREAS, the Town Board has previously adopted a resolution for the preparation and submission of an Urban County Block Grant application for the removal of handicapped barriers at the Weaver Street Fire House; and WHEREAS, in order to be eligible for the Community Development Grant funds, the Town must contribute funds to the proposed grant project; NOW THEREFORE, BE IT, RESOLVED, that the Town shall contribute to the project an amount equal to $1,877,000. Ayes: Weprin, O'Keeffe, Ryan, O'Flinn, Price Nays: None 5. Authorization - Settlement of Insurance Claim Mr. Altieri explained that this was a claim for reimbursement to Anita Lev-Gur for damage done to her 1991 Acura which was damaged by a Town payloader while parked in front of her home, the cost of which is $510.00; and another claim by Mary Bonner for $159.29 for damages to her car also hit by a Town vehicle. On motion of Councilwoman O'Flinn, seconded by Councilwoman O'Keeffe, it was unanimously, RESOLVED, that the Town Board does hereby authorize the settlement of claim against the Town by Anita Lev-Gur, in the amount of $510 for damages incurred when hit by a Town driven payloader. 19 March 7, 1994 On motion of Councilwoman O'Flinn, seconded by Councilwoman O'Keeffe, it was unanimously, RESOLVED, that the Town Board does hereby authorize the settlement of claim against the Town by Mary Bonner, in the amount of $159.29 for damages incurred when hit by a Town driven vehicle. 6. Salary Authorization - Recreation This item was held over. ORAL COMMUNICATIONS WRITTEN COMMUNICATIONS A resident said that dumpsters are still not at Larchmont Acres, to which the Administrator said that they are now working on them with management. The resident went on to say that the dumpsters at the Village Square are atrocious, are not kept up with. He said that he had pictures of black plastic bags filled with garbage, six feet high behind the dumpsters, as well as filling the dumpsters, and there was food laying all over the ground, and it was a continual problem. Councilwoman O'Keeffe said that she had a question about the Larchmont Acres dumpsters that keep coming up; is there a law that management is not adhering to with respect to the dumpsters, are we not enforcing some law. The Supervisor said that a law had been passed that said that the dumpsters must be enclosed and what has been difficult apparently, has been for management to come forward with plans and work out a system; and secondly, we don't collect the garbage at Village Square, but certainly it is our jurisdiction to issue summonses. Councilwoman O'Keeffe said that if we have a law to fine the management at Larchmont Acres for not having the outside containers, then lets do it. Supervisor Price said that she wanted to be sure that it was them in error and not the Town. Mr. O'Gorman said that he appreciated the change to the agenda which put Oral Communications in the beginning of the meeting and he would make sure he keeps his comments to that section. He then asked about the rating for fire insurance when we renovate the firehouse. The Supervisor said that she would try to find an answer to that for the next meeting. ADJOURNMENT There being no further business to come before this board, on motion made and seconded, it was adjourned at 10:20 pm. Patricia A. DiCioccio, Town Clerk Town of Mamaroneck 20