HomeMy WebLinkAbout1995_04_19 Town Board Regular Minutes REVISED
TOWN OF MAMARONECK
TOWN BOARD AGENDA
REGULAR MEETING -Wednesday, April 19, 1995 -Town Center- Court Room - 8:15 PM
THE TOWN BOARD WILL CONVENE at 7:00 PM into an Executive Session to discuss
certiorari and personnel and adjourn at 7:30 PM into a Work Session to discuss the
equalization rate and rollerdome proposal..
CONVENE REGULAR MEETING
RECESS INTO EXECUTIVE SESSION
ADJOURN EXECUTIVE SESSION
CONVENE WORK SESSION
RECESS WORK SESSION
RECONVENE REGULAR MEETING
CALL TO ATTENTION - Location of Exits
ORAL COMMUNICATIONS
WRITTEN COMMUNICATIONS
SUPERVISOR REPORTS
REPORTS OF THE COUNCIL
BOARD OF FIRE COMMISSIONERS
1. Fire Claims
2. Authorization - Lease Extension -Temporary Firehouse
PUBLIC HEARINGS - Parking Restrictions, Senate Place and Daymon Terrace
III - Restrictions on Outdoor Power Tools and Gasoline Powered
Blowers
AFFAIRS OF THE TOWN
1. Appointments
2. Authorizations - Settlement of Certiorari Cases
3. Set Public Hearings -Amendment Fire Lane Law
-Water District Bond Resolution
-Amendment - Police Commission Ordinance
4. Authorization - Detour Route -Weaver Street
5. Authorization - Rollerdome Proposal
6. Salary Authorization - Recreation
- Police Department
APPROVAL OF MINUTES - June 1, 1994 (All Previously Submitted)
- June 15, 1994
- September 7, 1994
- September 13, 1994
- September 21, 1994
- October 19, 1994
- November 2, 1994
- November 16, 1994
Next regularly scheduled meetings - May 3, 1995
- May 17, 1995
Any physically handicapped person needing special assistance in order to attend the
meeting should call the Town Administrator's office at 381-7810.
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REGULAR MEETING OF THE TOWN BOARD AND THE BOARD OF FIRE
COMMISSIONERS OF THE TOWN OF MAMARONECK HELD WEDNESDAY,
APRIL 19, 1995 AT 8:15 PM IN THE COURT ROOM OF THE TOWN CENTER,
740 W. BOSTON POST ROAD, MAMARONECK, NY
CONVENE EXECUTIVE SESSION
The Executive Session of the Town Board was duly opened at 7:00 PM in Conference
Room A of the Town Center. The purpose of the session was to discuss personnel. On
motion duly made and seconded the Board adjourned at 8:10 PM to the Court Room to
Reconvene the Regular Meeting.
CONVENE REGULAR MEETING
The regular meeting of the Town Board was called to order by Supervisor Price at 8:20
PM.
PRESENT:
Supervisor Elaine Price
Councilman Paul A. Ryan
Councilwoman Valerie M. O'Keeffe
Councilman Barry Weprin
ABSENT: Councilwoman Kathleen Tracy O'Flinn
Also Present:
Patricia A. DiCioccio, Town Clerk
Stephen V. Altieri, Town Administrator
Steven M. Silverberg, Town Attorney
CALL TO ATTENTION
Supervisor Price pointed out to those assembled the locations of exits as required by
law for public gatherings.
PUBLIC HEARINGS - Parking Restrictions -Senate Place and Daymon Terrace
- Restrictions on Outdoor Power Tools and Gasoline Powered
Blowers
The NOTICE OF PUBLIC HEARING was entered for the record:
PLEASE TAKE NOTICE that a Public Hearing will be held by the Town Board of the Town
of Mamaroneck on April 19, 1995 at 8:15 PM or as soon thereafter as is possible in the
Court Room of the Town Center, 740 W. Boston Post Road, Mamaroneck, New York to
consider adoption of a Local Law regulating parking and standing on Daymon Terrace
and Senate Place.
The full text of this Local Law may be examined and copies obtained at the Town Clerk's
Office during regular business hours (Monday through Friday, 8:30 AM to 4:30 PM or
until 4:00 PM during June, July and August) at 740 W. Boston Post Road, Mamaroneck,
April 19, 1995
New York.
are invited to submit written comments prior thereto.
The hearing was opened on motion duly made and seconded. The Supervisor asked if
anyone wished to speak in favor of the proposal.
The following people spoke in favor of the proposed law:
Joshua Freidman, 25 Senate Place, he also thanked the Supervisor for the diligence
shown on this matter, because the situation was getting dangerous. Traffic was
increasing in the area around the school, and more parents were using Senate &
Daymon, which exasperated problems caused by a narrow street. There are no
sidewalks and it would be impossible for emergency vehicles to get by.
Barry Gedan, Senate Place, spoke against the proposal, saying that property values
would be adversely affected, and that he had statistics prepared by Lane Associates
showing the negative affect, which he had given to his neighbors. He also commented
on the difficulty he had encountered when requesting documents from the Town Clerk's
office, saying that it had taken until the previous day to get the records he had requested
well over a month ago.
Carlo Ventimeglia, 24 Senate Place, said that he had resided there for 27 years, and it
has only been for the last five years that it has been impossible to get by all the parents
who were parking cars on the street. He said it would be impossible for a fire truck to
get through.
Carl Ketchum, 22 Senate Place, said that his home is directly across from where the
parking ban would be, and that he was very much in favor of it. He also added that most
of neighborhood was concerned about emergency vehicles not being able to get by
should the need arise, and that he knows that garbage trucks can't access the homes.
Richard Mari, a member of the Traffic Committee, said that the committee had made the
recommendation for the change on this street mainly because of the safety issues,
especially during school hours.
A resident, 21 Senate Place, said that she was a mother of a child who had been
sideswiped by someone trying to find a parking space on the street.
Supervisor Price then asked if anyone wanted to speak against the amendment.
Susan Gedan, said that instead of restricting parking, the board should work with Murray
Avenue School to find a way to clean up the situation 7 days and 7 nights a week.
Picking up and dropping off of children should be restricted to certain areas, but not
necessarily from 9 to 3. The cars are not constant,just during the beginning and end of
the school day. To take away five or six spaces all day is ridiculous, and not necessary.
David Morse, 1 Senate Place, said that he differs on the hours of the restrictions, and on
the one side parking.
Toby Siegel, 10 Senate Place, said that if the hours were changed he would be in favor.
He said that the hours should be from 8 am to 9, then 2:30 to 3, which is what the hours
are on Murray and that would work also on Senate.
Barry Gedan, 17 Senate Place, said that he had started this dialogue on this problem, but
that he never proposed this drastic change. He said this would severely impact the
quality of life by putting on too many restrictions for people residing on the street.
Everyone has said the parents are blocking the road. He showed pictures to the Board
members of the traffic caused during the morning drop-off hour. Mr Gedan thought that
the Board should authorize a traffic study. He also offered that the risks and benefits of
the way the Board was going to restrict parking had not even been reviewed. He
continued for about 30 minutes with various proposals that the Board should consider,
giving them a map of what he thought would be the best way to handle the traffic.
John Carnigan, 11 Senate Place, said that he was on the fence with the change and
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April 19, 1995
wanted an explanation as to why the hours couldn't be more flexible.
Paula Mishulu, 7 Senate Place, said that the problem has gotten much worse these past
few years during drop-off and pickup times. Parents are blocking the crosswalk and
driveways. The Town is not enforcing the current laws, so how are they going to enforce
new ones. She said her 4th grade child who insists on walking to school, is in constant
danger from the traffic.
Barney Siegel, 10 Senate Place, said that all that is needed would be a parking ban for
fifteen minutes in the morning and again in the afternoon which is when people are
double and triple parked. He has lived there for 28 years, and it is only during the past
few that it has reached this crisis situation. But if police just enforced present laws a lot
of it could be alleviated, they even park on his lawn.
The discussion continued with the same people restating their position. Except that Mr.
Gedan offering the names of the following people, who he said could not make the
meeting but were against the change: Morser family, 1 Senate Place, Donnely's 7 Senate
Place, Sergt Family, 16 Senate Place, Cioffi Family, 17 Senate Place, Kirlond's, 20 Senate
Place.
Supervisor Price then read letters from residents, some in favor of and some against.
She said that all the Board members had visited and studied that site and that they had
listened closely to the residents concerns. She read a letter from the fire department
which was in favor of the ban, because of the access issue, and she noted that Mr.
Gedan had submitted a petition to the Traffic Committee with 13 signatures.
Councilman Ryan said that he had read the letters, heard the residents, driven the street,
and it was his conclusion that safety was the overriding issue, especially the safety of
the children, and the inaccessibility for emergency vehicles, who need to have access 24
hours a day. Restricting parking to one side of the street enhances the safety issues,
without adverse affects on property values.
Councilwoman O'Keeffe commented on the safety issues and on the ability for
emergency vehicles being able to get to the houses, she felt that maybe the hours of the
ban be made more flexible to reflect problem times.
Councilman Weprin said that he agreed with Councilwoman O'Keeffe about the safety
and accessibility issues, and that maybe we could limit the ban to drop-off times until
the fire department opinion was obtained to see if they may agree on the time issue.
Supervisor Price said that the Board had struggled with this issue, and felt that the
school should be contacted to work with us on stepping up strict enforcement. But that
the fire chief had stated clearly in his recommendation that the parking ban be for 24
hours, she said that she would like to speak with him further on this though. And she
then proposed that the law be adopted with an amendment to reflect different hours for
the ban and should there be a problem, there could be a further amendment at a later
date.
And on Supervisor's Price motion, seconded by Councilman Ryan, the following law was
adopted with Section three amended:
LOCAL LAW NO. 5-1995
This Local Law shall be known as "Parking Restrictions -Senate Place, and Daymon
Terrace".
Section 1. Purpose:
The purpose of this local law is to regulate parking at corners of the intersection of
Senate Place and Daymon Terrace based upon the recommendations of the traffic
committee which has noted the concerns of area residents with respect to traffic and
parking in the vicinity of the Murray Avenue School.
Section 2. No Parking or Standing to Corner:
From the northeast corner of the intersection of Daymon Terrace and Senate Place there
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April 19, 1995
shall be no parking or standing permitted for a distance of fifteen (15) feet from the
corner, on each street.
Section 4. Signs to be Erected:
The Highway Department shall erect appropriate signs implementing the provisions of
Sections 2 and 3 of this local law.
Section 5. Fines arid 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 6. 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 7. Effective Date:
This local law shall take effect immediately.
PUBLIC HEARING - Restrictions on Outdoor Power Tools and Gasoline Powered
Blowers
NOTICE OF PUBLIC HEARING
PLEASE TAKE NOTICE that a Public Hearing will be held by the Town Board of the
Town of Mamaroneck on April 19, 1995 at 8:15 PM or as soon thereafter as is possible in
the Court Room of the Town Center, 740 w. Boston Post Road, Mamaroneck, New York
to consider adoption of a Local Law regulating outdoor power tools and gasoline
powered blowers.
The hearing was opened on motion of Councilman Ryan, seconded by Councilwoman
O'Keeffe.
The Town Attorney explained this law would help to reduce noise from equipment being
used by gardeners by restricting usage to certain times and seasons of the year.
Supervisor Price invited those in favor of the law to comment.
Marilyn Scott, 8 Foler Road, said that she was very much in favor of this law, She said
her neighborhood has many small parcels of land and the houses are close together.
And now because everyone seems to be off working, professional gardeners are hired
and the noise seems to just go on and on. There is usually two or three at once with the
blowers on a property, and they all come on different days, and different hours, and the
noise and disturbance of the entire neighborhood seems unending. She explained that
she knows there are no villains, and she would never want to impede someone's
livelihood, the situation is incredibly unpleasant.
Judy Kandler, 139 Valley Stream Road, was in favor of the law. She works at home, and
the noise when two or three properties are being done at the same time is incredible.
She thought that maybe the gardeners could look into purchasing quieter blowers.
Bill Simmons, a resident of Larchmont Village, encouraged the adoption of the law, and
requested that the Board then help the Village of Larchmont Board draft a similar
proposal.
Wally Irwin, and Lynn Walfinton, Town residents, both spoke in favor.
Against the law was Irving Scharf, 335 Richbell Road, Village of Mamaroneck, who felt
that large property owners should be exempted from this law.
Frank Claps, 136 Laurel Avenue, President of the Westchester County Landscaper
Association, spoke against the law, both on behalf of the Association and as a Town
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April 19, 1995
resident. He said that his members weren't happy with the noise and were always
looking at new emerging equipment, and are trying to monitor the problem. He said that
should they have to restrict the usage of blowers, the cost to homeowners would
increase because it would take much longer to do the property. And he would be forced
to lay off at least one man, he would probably lose customers, because of increased
prices. He appealed to the Board that a compromise be found.
Supervisor Price replied that although she appreciated his position, that self-policing
has not worked. There were an increasing number of complaints being received on the
level of noise, and residents are angry.
Joe Tardio, Landscaper, reported on how he and other gardeners were retraining their
staff to not always use the blowers, that he's policing his guys, but that he was
constantly frustrated by the Town yards being closed, or leaves and clippings not being
picked up. He said the new blowers that aren't that much quieter cost about$1000 each.
Prices would have to increase, he would lose customers, and he had a wife and baby to
support. He added that he felt the major problem was with the illegitimate contractors.
Following further discussion, the hearing was closed.
Supervisor Price thanked everyone for their comments, and said that she knew that the
landscapers had worked hard to improve this situation. But its a disturbing problem that
has to be addressed, the decibel level laws don't work, and the new equipment that's
emerging is promising and we will continue to look at that. Our residents though, are
paying much in taxes to live in this community and have the right to expect that they can
enjoy the use their yards.
The Supervisor said prior to adopting the law a declaration had to be made by the Board
regarding the matter.
On motion of Councilwoman O'Keeffe, seconded by Councilman Ryan, the following
was unanimously adopted:
WHEREAS, on March 15, 1995, the Town Board declared itself read Agency with respect
to the adoption of local law placing restrictions on outdoor power tools and gasoline
powered blowers, .and
WHEREAS, the Town Board had previously determined that the proposed local law
constitutes an unlisted action, and
WHEREAS the Town Board has required the preparation of an environmental
assessment form in accordance with 6 NYCRR Part 617, and
WHEREAS the Town Board has conducted a public hearing on the proposed local law, it
is
RESOLVED, that the Town Environmental officer shall file a by a negative declaration
with respect to the significance of the proposed local law based upon the following:
1. There shall be no substantial adverse change in existing air quality, ground or
surface water quality or quantity, traffic or noise; nor shall there be a substantial
increase in solid waste production; a substantial increase in potential for erosion,
flooding, leaching or drainage problems as a result of the adoption of the local law;
2. The adoption of the local law shall not result in the removal or destruction of
large quantities of vegetation or fauna; substantial interference with the movement of
any resident or migratory fish or wildlife species; nor shall it impact on significant habit;
nor shall it adversely impact upon significant habitat areas; nor shall it have a
substantial adverse effect on any threatened or endangered species of animals or plant,
or the habitat of such a species; nor shall it have any other significant adverse effect on
natural resources;
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April 19, 1995
3. The adoption of the local law shall not encourage or attract large numbers of
people to a place or places for more than a few days as compared to the number of
people who would come to such place absent the actions;
4. The adoption of the local law shall not create a material conflict with the
community's current plans or goals as officially approved or adopted;
5. The adoption of the local law shall not impair the character or quality of
important historical, archeological, architectural, or aesthetic resources or of existing
community or neighborhood character;
C. The adoption of the local law shall not create any major change in the use of
either the quantity or type of energy;
7. The adoption of the local law shall not create a hazard to human health;
8. There shall not be any substantial change in the use or intensity in use of land
including agriculture, open space, or recreational resources, or in its capacity to support
existing uses;
9. The adoption of the local law shall not create any material demand for other
actions which would result in one of the above consequences;
10. The adoption of the local law shall not change two or more elements of the
environment no one of which would have a significant affect on the environment or
when considered together result in a substantial adverse impact on the environment; nor
11. would the adoption of the local law result in two or more related actions
undertaken, funded or approved by an agency, which have or would have a significant
effect on the environment when considered cumulatively.
We find that the adoption of this local law will significantly reduce noise which is
disturbing to the community and in that respect. shall have a positive environmental
effect.
Then on motion of Councilwoman O'Keeffe, seconded by Councilman Ryan, the law was
unanimously adopted:
LOCAL LAW 6-1995
This Local Law shall be known as "Restrictions on Outdoor Power Tools and Gasoline
Powered Blowers".
Section 1. Purpose:
The purpose or this Local Law is to reduce noise which is disturbing to
individuals in their homes, on their property and in their workplaces. Noise from
certain equipment, used out doors, causes inconvenience to occupants of nearby
property when such equipment is used during certain hours. Further, gasoline
powered blowers originally designed for leaf pickup for limited portions of the
year are now utilized all year. Repeated statements by residents over a six year
period, demonstrate the year round use of gasoline powered blowers has
expanded to the extent that the blowers cause a nearly constant intrusion on the
peace and quiet of the community, diminishing the quality of life in our
community. The unacceptable noise levels produced by the year round use of
gasoline powered blowers is particularly disturbing during the warmer weather,
when residents spend longer periods out of doors and windows and doors are
open. This Town Board finds the noise from gasoline powered blowers impacts
adversely upon the health and welfare of the community.
Section 2. Definitions
GASOLINE POWERED LEAF BLOWER -Any device powered by an internal
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April 19, 1995
combustion engine which discharges a stream of forced air and which is used or
designed to move grass, leaves. clippings, dust, dirt or other matter by blowing
theta with air emitted by such device.
Section 3. Restrictions:
A. It shall be unlawful for any person to operate any power tool or equipment
powered by an internal combustion engine, before the hour of 8:00 a.m. and after
the hour of 9:00 p.m. on any weekday and before 10:00 a.m. and after 5:00 p.m. on
Saturdays, Sundays, and legal holidays; except(1) for emergency repairs by
municipalities, school districts and/or utility companies, and (2) for a period of up
to five (5) days following storms for purposes of removing snow and debris
resulting from such storms.
B. The use of gasoline powered leaf blowers shall be unlawful in the Town during
the period from May 15 through September 30 of each year. This section shall not
apply to (1) utility companies, municipal and/or school districts, emergency
operations and (2) for a period of up to five (5) days following storms for
purposes of removing debris resulting from such storms.
Section 4. Penalties for Violations:
A. Any person. firm, association or corporation who violates any provision of this
local law shall be guilty of an offense punishable by a fine of not more than two
hundred fifty ($250.00) dollars and/or by imprisonment for not more than fifteen
(15) days. Each violation of this local law shall be a separate offense.
Section 5. Severability
Should any provision of this Local Law be declared illegal or unconstitutional by
a court of competent jurisdiction, to the extent that the other provisions of this
Local Law can be implemented without such illegal or unconstitutional provision,
such other provisions shall remain in effect.
Section 6. Effective Date.
This Local Law shall take effect immediately.
BOARD OF FIRE COMMISSIONERS
The meeting was called to order by Commissioner Price at 8:30 PM in the Court Room.
Present were the following members of the Commission:
Commissioner: Elaine Price
Commissioner: Paul A. Ryan
Commissioner: Valerie M.O'Keeffe
Commissioner: Barry Weprin
Commissioner Weprin presented fire claims for authorization of payment , thereafter 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. $15.00
AAA Emergency Supply Co., Inc. 34.50
Cellular One 137.77
Corporate Express 196.06
Corporate Express 36.36
Coyne Textile Service 59.88
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April 19, 1995
Dri-Chem Extinguisher Co. 99.00
Dri-Chem Extinguisher Co. 245.00
Excelsior Garage 588.96
Excelsior Garage 2013.13
Fire Protection Publications 660.00
Gall's Inc. 446.30
Gallagher Newman Insurance Brokers 538.25
NYNEX 9.00
Lawrence Heat & Power Corp. 1641.74
Receiver of Taxes 2963.39
Total $9684.34
CAPITAL PROJECTS FUND
ALB & Son's Mechanical Contractor 11396.00
B&L Plumbing and Heating Co., Inc. 10809.00
Bisceglia Brothers Co. 33515.00
Bisceglia Brothers Co. 109703.00
Call A Head Corp.' 150.00
Frank & Ann Auricchio 7000.00
Frank & Ann Auricchio 7000.00
Frank & Ann Auricchio 7000.00
Tartaglione Consultants 1980.00
Tartaglione Consultants 142.84
Williams Scottsman 303.00
$ 188,998.84
GRAND TOTAL $ 198,683.18
2. Firehouse Renovation Update
Richard Tortorella spoke on the progress being made on the renovations to the
firehouse. He said overall everything was proceeding well.
There being no further business to come before the Commission, on motion of
Commissioner O'Keeffe, seconded by Commissioner Ryan, they unanimously adjourned
at 11:45 PM.
AFFAIRS OF THE TOWN
1. Appointments -Ambulance Board
The Administrator said that an appointment is necessary to replace Frank Cioffi on the
Board.
2. Authorization -Certiorari
A memo was received from George Dederian, Consultant on Certiorari matters for the
Town explaining that during the past months a number of assessment appeals have been
scheduled for trial and that he had made an inspection of each property, reviewed financial
statements and had negotiated settlements subject to Board approval. A brief description
of each property, a copy of the tax map and the terms of the settlements are attached for
the following properties:
Amerchol Corporation, 628 Waverly Avenue
Auricchio, 5 Fifth Avenue
Greenwich Associates, 1385 Boston post Road
Indian Cove Condominiums, Rushmore Avenue
La Vine Realty Company, 1020 Mamaroneck Avenue
M. F. Kathwari, 2 Madison Avenue
Wing Foot Golf Club, Griffin Avenue
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April 19, 1995
City & Suburban Federal Savings Bank, 624 Fenimore Road
Harborview Condominium, 680 W. Boston Post Road
Amerchol Corporation
628 Waverly Avenue
Village of Mamaroneck
Block 826, lot 61
Assessment: $181,400
This property is located on the south side of Waverly Avenue approximately 150 feet west
of Ogden Avenue in the Village of Mamaroneck. This land is even and generally
rectangular in shape with an area off 1.21 acres. The site is improved with an industrial
warehouse which was built in stages from 1940 to 1961. The construction is steel and
wood framing, brick, concrete block, concrete floors and minimal interior finish except for a
small office area. This property is owner occupied, therefore a market rent was assigned
to the property and capitalized into a full value. A market approach was also used in
arriving at the present value. The settlement is based on a full value of $70 per square
foot of building including the land.
Year Assessment Reduced Assessment Amount of Reduction
1994 $181,400 $181,700 $62,700 (34%)
The Village of Mamaroneck has approved this settlement.
Frank & Ann Auricchio
5 Fifth Avenue, Town of Mamaroneck, New York
132/609, 643 & 175
Assessments:609-$77,000, 643-$15,300 and 175416,400
This settlement requires the appeals on lots 643 and 175 to be dropped. They are
basically parcels of vacant industrial zoned land. Lot 609 is on the east side of Fifth
Avenue, 100 feet south 015 Madison Avenue in the Town of Mamaroneck. The land has
340 feet of frontage, an average depth of 126 feet and contain; approximately 42,800
square feet. The site is improved with a one story masonry service station/garage which
was built in 1957 The building contains 12,448 square feet and is in fair condition. There
are small areas of the building leased to a taxi company and an auto repair business. Most
of the vacant land is used for the parking of trucks and automobiles. The owners provided
an appraisal of the property in the amount of $500,000. It was estimated the property
has a value of approximately $1,000,000. This value was used in arriving at the following
settlement:
Year Assessment Reduced Assessment Amount of Reduction
1991 $77,000 $57,750 $19,250 (25%)
1-992 $77,000 $57,750 $19,250 (25%)
1993 $77,000 $57,750 $19,250 (25%)
1994 $77,000 $57,750 $19,250 (25%)
The above settlement was presented before the Board on November 16, 1994. Steve
Silverberg( was directed to provide a copy of a lease to the Town of Mamaroneck Fire
District for my review. The lease does not increase my estimate of the market value of the
property of $1,000,000. I, therefore recommend the above settlement be approved.
Greenwich Associates
1385 Boston Post Road
Town of Mamaroneck
Block 411, Lot 196.2
Assessment: $124,100 (1992) $134,100 (1993 & 1994)
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April 19, 1995
This property is a two story masonry office building which was built in.1989 for the
purpose of being sold as condominium office units. It contains 8,449 square feet on each
floor for a total area of 16,898 square feet. Approximately one year after the building was
completed, the property was taken back by the bank due to the lack of any sales of the
units. The present owner of the property, Greenwich Associates occupies about 75% of
the building and rents the remaining 25% to JMW Group Ltd. The lease to the JMW Group
was examined and was found to be the market rent for the leased area. The area occupied
by the owner was assigned a higher rent. The total income for the building was then
capitalized into a full value. To this value the applicable State Equalization rates were
applied for each year under appeal. The 1994 final rate had not been set, therefore the
same assessment was agreed to for each year.
Year Assessment Corrected Assessment Reduction
1992 $124,100 $70,000 $54,100 (44%)
1993 $134,100 $70,000 $64,100 (47%)
1994 $134,100 $70,000 $64,100 (47%)
Indian Cove Condominiums
Rushmore)re Avenue
Village of Mamaroneck
929/5 :Lot 1 through 51-13
Total Assessment: $337,600
This property consists of 13 townhouse condominiums which were built in 1984. Seven of
the units are waterfront and six are not. The average size of each unit is 2,125 square feet
and each have one boat dock. The units have been well maintained and are in good
condition. The economic, or fair rents were based on that received by investors within the
project. Operating expenses were deducted from the gross estimated income resulting in a
net annual income. This net income was capitalized into a value for tie entire project for
each year under appeal. An appraisal was provided which indicated a reduction in
assessments. The following changes were agreed to, subject to your approval:
Year Assessment Reduced Assessment Amount
1992 $337,600 $236,300 $101,300 (30%)
1993 $337,600 $236,300 $101,300 (30%'
1994 $337,600 $236,300 $101,300 (30%)
The Village of Mamaroneck has approved this settlement.
La Vine Realty Company
Mamaroneck Avenue, Village of Mamaroneck
816/70
Assessment: $100,000
Years under appeal: 1992, 1993, 1994
This property consists of approximately 41,000 square feet of land located on the west
side of Mamaroneck Avenue in the Village of Mamaroneck. It is improved with a one and
two story commercial building comprising of retail, office and storage space. The building
was constructed in 1928 and recently remodeled. The gross area of the structure is
19,337 square feet of which 18,000 square feet is rentable. A review of the rent roll
indicated the major tenants in the building are Calico Corners and Byron Electric Company,
each occupying 6,000 square feet of space. The actual rents and expenses were analyzed
and the estimated market rent was used to capitalize the net income into a full value for
the property. This value was then applied to the State Equalization rate for each year under
appeal resulting in the following reductions in assessments:
Year Assessment Reduced Assessment Amount of Reduction
1992 $100,000 $65,700 $34,300 ( 34%)
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April 19, 1995
1993 $100,000 $62,100 $37,900 (38%)
1994 $100,000 $63,000 $37,000 (37%))
M. F. Kathwari
2 Madison Avenue
Block L33, Lot 602
Mamaroneck, New York
Assessment: $152,000
Year under appeal: 1994
This property is located at the northwest corner of Madison Avenue and Myrtle Boulevard
in the Town of Mamaroneck. The land is generally level, containing 16,963 square feet and
is improved with a two story masonry office building. It was constructed in 1930 as a
garage and warehouse and is now a converted office building. The building contains a total
of 32,500 square feet and a rentable area of 29,600 square feet.
The age of the structure causes the offices to be somewhat obsolete, however, the
property has been well maintained and is in good physical condition.
An appraisal of the property was provided by the owners which indicates a full value of
$1,500,000. The following reduced assessment indicates an approximate value of
$2,280,000.
Year Assessment Reduced Assessment Amount
1994 $152,000 $114,000 $38,000 (25%)
Wing Foot Golf Club
Fenimore Road, Griffin Avenue & Old white Plains Road Town of Mamaroneck
347. Parcels 1/1 & 1/2 Block 344, Parcel 99
Assessment: $1,122,300
Years under appeal: 1992, 1993 & 1994
This property comprises 280 acres improved with two 18 hole Championship golf courses,
a 40,000 square foot clubhouse built in 1924 and various ancillary improvements. A
preliminary appraisal of this property was provided for the purpose of a settlement of the
pending trial. The appraisal was based on a recent decision of the Nassau County Golf
Course appeal which states that golf courses must be valued as golf courses for tax
assessment purposes and not as vacant land available for subdivision. The appraisal
indicated a reduction in the assessment of approximately 24% for each year under appeal.
The following are the assessment reductions agreed to, subject to your approval:
Year Assessment Reduced Assessment Amount
1992 $1,122,300 $ 985,000 $137,300 (12%)
1993 $1,122,300 $ 985,000 $137,300 (12%)
1994 $1,122,300 $ 985,000 $137,300 (12%)
City & Suburban Federal Savings Bank
624 Fenimore Road
Village of Mamaroneck
Block 830, Lot 83 Assessment: $24,000
This property is located at the southwest corner of Fenimore Road and Center
Avenue in the Village of Mamaroneck. The land has 75 feet of frontage on Fenimore
Avenue and 125 feet on Center Avenue containing an area of 9,375 square feet. The site
is improved with an old concrete block garage which has 5,700 square feet and is in
poor condition.
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April 19, 1995
The property was appraised at a full value of$270,000. The following settlement is
based on a full value of$330,000.
Year Assessment Reduced Assessment Amount
1993 $24,000 $16,300 $7,700 (32%)
1994 $24,000 $16,500 $7,500 (31%)
The Village has approved this settlement.
Harborview Condominium
680 West Boston Post Road
Village of Mamaroneck
Block 916, Parcels 1.1 through 1.61
Assessment: $456,050 t.
This property is a 61 unit condominium complex located on the north side of West
Boston Post Road and adjacent to the Town Center. The improvements were
constructed in approximately 1984 and are in good condition. There are 11 studios, 361-
bedroom and 14 2-bedroom apartments. Thirty of the units are rented by investors. The
rents for these units were obtained and used to estimate the fair rents for the entire
project. The financial statements of the condominium were reviewed and an expense
statement was adopted. The net income was capitalized into a full value for each year
under appeal resulting in the following assessment reductions;
Year Assessment Reduced Assessment Reduction
1991 $460,050 $285,600 $174,450 (38%)
1992 $460,050 $297,000 $163,050 (35%)
1993 $460,050 $281,000 $179,050 (39%)
1994 $460,050 $285,000 $175,050 (38%)
The Village of Mamaroneck has approved this settlement.
3. Set Public Hearings - Water District Bond Resolution
- Amendment- Fire Lane Law
- Amendment- Police Commission Ordinance
Water District Bond
In The Matter of an Increase and Improvement to
Facilities of Water District 1 of the Town of Mamaroneck
Westchester County, New York
ORDER CALLING PUBLIC HEARING
WHEREAS, the Town Board of the Town of Mamaroneck, Westchester
County, New York, has duly caused to be prepared a map, plan and report
including an estimate of cost relating to the increase and improvement of
Water District No. 1 within said Town, consisting of he replacement of
water tanks at various water district locations, including original
furnishings, equipment, machinery, apparatus, appurtenances, and
incidental improvements and expenses in connection therewith, at a
maximum estimated cost of$615,000; and
WHEREAS, said capital project, as proposed, has been determined to
be a Type II Action pursuant to the regulations of he New York State
Department of Environmental Conservation :promulgated pursuant to the
State Environmental Quality Review Act, which regulations state that Type
II Actions will not have a significant effect on the environment; and
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April 19, 1995
WHEREAS, it is now desired to call a public hearing on the suggestion of
the increase and improvement of the facilities of water district no. 1 in the
matter described above, and to hear all persons interested in the subject
thereof, concerning the same, in accordance with the provisions of Section
202-b of the Town Law;
NOW, THEREFORE, IT IS HEREBY ORDERED, by the Town Board of the
Town of Mamaroneck, Westchester County, New York, as follows:
Section 1. A public hearing will be held at The Town Center, .n
Mamaroneck, New York, in said Town, on the day of
1995, at o'clock_ PM, Prevailing time, on
the question of the increase and improvement of the facilities of Water
District No. 1 within the Town of Mamaroneck, Westchester County, New
York in the manner described in the Preamble; hereof, and to hear all
persons interested in the subject hereof, concerning the same, and to take
such action thereon as is required or authorized by law.
Section 2. The Town Clerk is hereby authorized and directed to cause a
copy of the Notice of Public Hearing hereinafter provided to be published
once in , the official newspaper of said
Town, and also to cause a copy thereof be posted on the sign board of the
Town, such publication and posting to be made not less than ten, nor more
than twenty, days heretofore the date designated for the hearing.
Section 3. The notice of public hearing shall be in substantially the
following form:
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the Town Board of the Town of%
Mamaroneck, Westchester County, New York, will meet at The Town C
Center, in Mamaroneck, New York, in said Town, on the day
1995, at o'clock_.M., Prevailing me, for the
purpose of conducting a public hearing upon a certain plan and report
prepared in relation to the proposed increase and improvement of the
facilities of Water District No. 1 in the Town of Mamaroneck, Westchester
County, New York, consisting of the placement of water tanks at various
water district locations, including original furnishings, equipment,
machinery, apparatus, appurtenances, and incidental improvements and
expenses in connection therewith, at a maximum estimated cost of
$615,000.
Said capital project, as proposed, has been determined to be Type II Action
pursuant to the regulations of the New York State Department of
Environmental Conservation promulgated pursuant to the State
Environmental Quality Review Act, which regulations state a type II
Actions will not have a significant effect on the environment.
At said public hearing said Town Board will hear all persons interested in
the subject matter thereof.
Section 4. This Order shall take effect immediately.
The question of the adoption of the foregoing Order was duly put to a vote
on roll call, which resulted as follows:
VOTING
VOTING
VOTING
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April 19, 1995
VOTING
VOTING
The Order was thereupon declared duly adopted.
Amendment- Fire Lane Law
On motion of Councilwoman O'Keeffe, seconded by Councilman Ryan, it was
unanimously
RESOLVED, that the Town Board does hereby set the
date for public Hearing on the Amendment - Fire Lane
Law May 3, 1995; and
BE IT FURTHER,
RESOLVED, that the Town Clerk be and hereby is
authorized to publish the legal notice of Public Hearings
in an official newspaper of the Town
Amendment - Police Commission Ordinance
On motion of Councilman Ryan, seconded by Councilwoman O'Keeffe, it was
unanimously,
RESOLVED, that the Town Board does hereby set the
date for public Hearing on the Amendment to the Police
Commission Ordinance for May 3, 1995; and
BE IT FURTHER,
RESOLVED, that the Town Clerk be and hereby is
authorized to publish the legal notice of Public Hearings
in an official newspaper of the Town
4. Authorization - Resolution for Detour Route -Weaver Street
The Administrator said that the Department of Transportation would be replacing
culverts on Weaver Street near the Larchmont Reservoir which will improve the drainage
along Weaver Street. They have informed us that a portion of that road would have to be
closed for approximately fourteen days commencing in July. The Board approval is
necessary.
On motion of Councilwoman O'Keeffe, seconded by Councilman Ryan, the ensuing
resolution was unanimously adopted:
WHEREAS, the New York State Department of
Transportation proposes to replace an existing
19.5' x 6' box culvert on Route 125 just south of
the Bonnie Briar Country Club in Westchester
County.
WHEREAS, in conformance with Section 42 of the
New York State Highway Law, the New York State
Department of Transportation proposes to utilize
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April 19, 1995
the following roads and streets as detours during
the period of construction.
Quaker Ridge Road between Route 125 and Pine
Brook Boulevard.
Pine Brook Boulevard between Quaker Ridge
Road and Forest Avenue.
Forest Avenue between Pine Brook Boulevard
and Route 125.
WHEREAS, the New York State Department of
Transportation will provide traffic control devices
when necessary to the above mentioned roads
and streets to make them inadequate to handle
additional detour traffic.
NOW THEREFORE BE IT RESOLVED, that the
Board of the Town of Mamaroneck does hereby
authorize the New York State department of
Transportation utilize the above mentioned roads
and streets as detours during the period of
construction.
BE IT FURTHER RESOLVED, that the Town of
Mamaroneck will continue to provide snow and
ice control.
This item was handled out of order at the beginning of the meeting
5. Roller Dome - In-line Skating - Hommocks Ice Rink
Bill Zimmerman, Superintendent of Recreation reported that over the last four to five
weeks, the Town Administrator and I have been meeting with a group of investors that
wish to sponsor the establishment of an in-line hockey and roller rink at the Hommocks
Ice Rink facility. He said that the Administrator had given the Board members the
proposal that had been filed by the sponsors as a result of those various meetings. He
said that we have made some additional changes to this latest version of the proposal
and those changes are as follows:
The Recreation Commission expressed.a concern over our ability to review the lease
agreement on an annual basis to determine if the Town should continue with an in-line
hockey program. Obviously the concern of the sponsor is that they are proposing an
investment of over$200,000 in capital improvements to the rink and they would need to
amortize those expenditures. Therefore the proposal has been amended to provide that
during the first year of the lease agreement, the sponsor would provide the roller rink
floor and should the Town decide at the end of one year to terminate the lease
agreement, we would be responsible for reimbursing the sponsor an amount equal to a
depreciated value of the flooring. The installation of the air conditioning would occur in
the second year of the lease agreement and as with the flooring, should the Town decide
between years two and five to terminate the lease. The Town would reimburse to the
sponsor a depreciated value of the air conditioning equipment.
The Administrator added that the sponsors wish to open the rink in the Summer of 1995
and therefore it is important that we move forward on the proposal. The Recreation
Commission has approved the proposal and you will also find in the attachments a copy
of the resolution that was adopted at their meeting on April 11, 1995. In reviewing this
proposal, it is believed that it would be in the best interest of the Town to experiment
with a roller rink at Hommocks. The Board may be aware that at this time, there are
proposals to construct three new ice rinks in \Westchester County as well as to install a
cover over the existing rink in the City of White Plains. Should any or all of these
facilities come to fruition it will greatly increase the supply of available ice time which
may be a detriment to the Hommocks Ice Rink. For that reason, we believe it is
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April 19, 1995
important that we consider programs that will distinguish our facility from the others.
Certainly a full year operation provides the type of programming that may be popular in
Westchester. Therefore we are recommending to this Board that a resolution of intent be
adopted that we be authorized to prepare a final lease agreement that would be reviewed
with the Town Board at one of the next meetings.
Following discussion, on motion of Councilman Ryan, seconded by Councilman Weprin,
it was unanimously,
RESOLVED, that the Town Board does hereby adopt a
resolution of intent to move forward with the proposal to
lease space to Rollerdome at the Hommocks Ice Rink
providing that certain reports and prerequisites are met; and
BE IT FURTHER
RESOLVED, that the Town Administrator is hereby authorized
to execute said letter of intent on behalf of the Town.
6. Salary Authorizations - Recreation
- Police Department
Recreation Department
On motion made by Councilman Weprin, seconded by Councilman Ryan, it was unanimously,
RESOLVED, as provided for in the 1995 Town
Budget, the Town Board does hereby authorize the
payment of salary to the following:
Lisa Matire, Life Guard, Hommocks Pool, $6/hour effective 4/7/95
Susan Aloise, Temporary Office Assistant, $6/hour effective 4/17/95.
Police Department
On motion of Councilman Ryan, seconded by Councilwoman O'Keeffe, it was
unanimously
RESOLVED, that the Town Board does hereby
approve the salaries for the following:
Peter Persaud, who is being hired at an annual rate
of$32,165.00 beginning April 20, 1995, on a
resignation- reinstatement basis from the Mount
Vernon Police Department where he served as an
officer for three years; and
BE IT FURTHER,
RESOLVED, that Anthony Saline be hereby
promoted to the position of Detective at an annual
rate of$56,815 effective June 1, 1995.
ADJOURNMENT
There being no further business,the Board adjourned into executive session to discuss
pending litigation at 12:15 PM.
Patricia A. DiCioccio, Town Clerk
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