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HomeMy WebLinkAbout1996_02_28 Town Board Regular Minutes TOWN OF MAMARONECK TOWN BOARD AGENDA REGULAR MEETING-Wednesday,February 28, 1996, Town Center Court Room- 8:15 PM THE TOWN BOARD WILL CONVENE at 6:45 PM in an Executive Session to discuss contracts and review of certiorari. CONVENE REGULAR MEETING RECESS INTO EXECUTIVE SESSION ADJOURN EXECUTIVE SESSION RECONVENE REGULAR MEETING CALL TO ATTENTION-Location of Exits PUBLIC HEARINGS -No Parking Here to Corner-Blossom Terrace -Moratorium-Adult Entertainment Business BOARD OF FIRE COMMISSIONERS I. Fire Claims 2. Authorization- Transfer of Funds-Firehouse Project 3. Other Business AFFAIRS OF THE TOWN 1. Appointments- Coastal Zone Management Commission 2. Authorization-Land Sale Contract-Jason Lane 3. Consideration of Agreement-Rollerdome 4. Authorization-Approval of Certiorari's 5. Authorization-Westchester Joint Water Works Project- A-1118 South Ridge Road 6. Authorization-Appropriation of Grant Funds-Records Management 7. Authorization-Waiver of Fees-Hommocks Pool Project 8. Salary Authorization-Recreation ORAL COMMUNICATIONS WRITTEN COMMUNICATIONS SUPERVISOR REPORTS REPORTS OF THE COUNCIL Next regularly scheduled meetings-March 6, 1996 -March 20, 1996 ' Any physically handicapped person needing special assistance in order to attend the meeting should call the Town Administrator's office at 381-7810. February 28, 1996 MINUTES OF THE REGULAR MEETING OF THE TOWN BOARD OF THE TOWN OF MAMARONECK AND THE BOARD OF FIRE COMMISSIONERS HELD ON FEBRUARY 28, 1996 AT 8:15 PM IN THE COURT ROOM OF THE TOWN CENTER, 740 W. BOSTON POST ROAD, MAMARONECK, NEW YORK PRESENT: Supervisor: Elaine Price Councilman Paul A. Ryan Councilwoman Valerie M. O'Keeffe Councilman Barry Weprin Councilwoman Phyllis Wittner ALSO PRESENT: Patricia DiCioccio, Town Clerk Steven V. Altieri, Town Administrator Stephen M. Silverberg, Town Attorney CONVENE EXECUTIVE SESSION The Board convened the Executive Session at 7:15 pm in Conference Room A of the Town Center to discuss contracts and review certiorari matters. On motion duly made and seconded the Board adjourned at 8:15 PM to the Court Room to Reconvene the Regular Meeting. CALL TO ORDER The Regular meeting of the Town Board was called to order by Supervisor Price at 8:20 PM, who pointed out the exits. PUBLIC HEARING - No Parking Here to Corner Blossom Terrace The Town Administrator stated that this item was brought before the Traffic Committee by residents living on Blossom Terrace, because they were experiencing problems with cars being parked on the street by residents of Richbell Road. On motion of Councilman Ryan, seconded by Councilwoman O'Keeffe the hearing was opened. The Supervisor asked if anyone wished to speak in favor of the law. Marguerite Roma, Blossom Terrace resident stated that she was very much in favor of the passage of this law, and voiced concern over the enforcement of the law. She said that there were care parked on the street for days and nights that were never ticketed and that since there is a ban of parking from 3 to 6 am, she questioned why cars were being allowed to park there. 1 February 28, 1996 Mr. Altieri replied that in some instances waivers were issued by the police department should there be a request caused by hardship. The policy for issuance of the special permit was given that a person requesting one would have to come to the department in person in order to obtain the permit. Mr. DeCicco, Blossom Terrace resident questioned the policy also, saying that cars were there for days at a time with no change in the paper that was placed on the inside window. He added that this was an increasing problem for residents on the street caused by the difficulty for parkers on Richbell Road, who parked on Blossom instead. The Supervisor requested that the subject of no parking be addressed at this time and discussion then could be held on other problems. After a brief review of the proposed parking ban, on motion of Councilman Weprin, seconded by Councilwoman O'Keeffe, the following local law was unanimously adopted: LOCAL LAW NO. 4 - 1996 This Local Law shall be known as "No Parking Here to Corner on Blossom Terrace." Section 1. Purpose To restrict parking on Blossom Terrace Section 2. No Parkina Here to Comer Parking shall be hereafter be prohibited at the following location: a) On the north side of Blossom Terrace to a point 80 feet east of its intersection with Palmer Avenue Section 3. Signs to be Erected Appropriate signs shall be erected: a) On Blossom Terrace designating the areas described in Section 2 as a "No Parking Here to Corner" area. Section 4. Severability: Should any provision of this Local Law be declared invalid or unconstitutional by any court of competent jurisdiction, such declaration of unconstitutionality or invalidity shall not affect any other provisons of this local law which may be implemented without the invalid or unconstituional provision. Section 5. Effective Date This Local Law shall take effect immediately. Supervisor Price voiced concern regarding the possible abuse of the overnight permit exemptions and said that she would look into the procedure and it would be discussed further. Ms. Roma thanked her for her diligence, and provided pictures showing cars that were parked there, as well as filing a petition regarding the enforcement of the 3 to 6 am parking ban. Tony Spacero, Blossom Terrace resident, said that a car with out of state plates was parked there overnight at least three times a week. 2 February 28, 1996 The Supervisor reassured them that there would be a clear message sent that Blossom Terrace is not to be used as an auxiliary parking lot. PUBLIC HEARING - Moratorium -Adult Entertainment Business The Town Administrator stated that the purpose of this law was to enact a moratorium of six months on adult oriented uses to allow the Town time to review regulations for such use. On motion of Councilman Ryan, seconded by Councilwoman Wittner the hearing was opened. The Supervisor asked if anyone wished to speak in favor of the law. No one spoke either in favor or against. Councilwoman Wittner questioned the applicability of wording regarding massage parlors. The Attorney replied that in his opinion it was included as adult uses. The hearing was on motion made and seconded closed. On motion of Councilwoman O'Keeffe, seconded by Councilman Weprin, it was unanimously, RESOLVED, that this Board declares this matter as a Type II action; and BE IT FURTHER, RESOLVED, that the Moratorium on Adult Entertainment Business be adopted as such: Local Law No. 5 - 1996 Moratorium -Adult Entertainment Business This Local Law shall be known as "Temporary Moratorium on the Creation, Operation and Establishment of any `adult-oriented' land uses within the Town of Mamaroneck". Section 1. Definitions: A. "Adult-oriented" business. Any establishment, including but not limited to adult stores, theaters, and cabarets open to the public where a substantial or significant portion of the enterprise is devoted to sexually explicit products for sale or rent or offering live entertainment of a sexually suggestive nature, which must by law restrict access to exclude minors given the sexually explicit nature of the business or material. B. Adult Cabaret. Any public or private establishment, with or without a liquor license which offers nude or topless dancing, strippers or exotic dances or other similar entertainment to persons age 18 or older given the sexually explicit nature and content of the performance. C. Adult Store. Any establishment where a substantial or significant portion of the business is dedicated to the sale or rental of sexually explicit merchandise including, but not limited to books, magazines, periodicals, films, photographs, video tapes, and other novelty items, which must, by law restrict access to such material to persons age 18 or older given the sexually explicit nature and content of the goods. Any establishment where 20% or more of the publicly accessible floor area is dedicated to the sale or rental of sexually explicit merchandise shall be deemed substantial and significant and subject to regulation under this Local Law. 3 February 28, 1996 D. Adult Use. Any business or enterprise, including but not limited to adult stores, cabarets, and theaters, where a substantial or significant portion of the businesses is dedicated to. the sale, rental or display of sexually explicit merchandise, services, or entertainment and which must, by law, restrict access to such material or services to persons age 18 or older given the sexually explicit nature and content of the goods or services. Any establishment where 20% or more of the retail sales are derived from the sale or rental of sexually explicit merchandise or services shall be deemed substantial and significant and subject to regulation under this Chapter. Any establishment that advertises sexually explicit merchandise or services for sale or rent, which advertisements are visible outside the confines of the building in which the use is located, to the .general public by signage, photographs, or any other means which conveys the message that sexually explicit merchandise or services are available, shall be deemed an "adult use" and subject to regulation as such regardless of how much of the business is devoted to the sale of sexually explicit material. Section 2. Purpose and Intent: This moratorium is intended to provide the Town's staff adequate time to research, draft, and propose amendments to the Town Zoning Code that will prevent the unrestricted, unregulated proliferation of "adult-oriented" businesses in Mamaroneck, which by their nature adversely impact both their immediate neighborhood as well as the larger community. This moratorium will enable the town to propose Zoning Code amendments that preserve and protect the nature and character of our Town consistent with the US Constitution. Section 3. Findings: The Mamaroneck Town Board hereby finds that "adult-oriented" businesses have by their very nature, a deleterious effect on the community in which they operate. Frequently, areas in which "adult-oriented" businesses operate suffer an increase in crime and a deterioration in the economic, moral, and social character. The impacts associated with "adult-oriented" businesses are not limited to the immediate neighborhood, but are found to affect a larger surrounding area as well. The Town Board concludes that the unregulated establishment of "adult-oriented" businesses can contribute to the degradation and deterioration of entire neighborhoods reducing property values, negatively impacting the overall quality of life and encouraging families and businesses to relocate. The social decline attributable to the establishment of "adult-oriented" businesses can, however, be controlled and minimized by careful land-use planning. The Town Board further finds that the unrestrained proliferation of "adult-oriented" land- uses is inconsistent with the Town's development objectives, existing patterns of growth, commercial and residential, and the Town's comprehensive plan as embodied in the Town Zoning Code, as a primary residential, family-oriented community with discrete areas of commercial activity. Section 4. Scope and Duration of Moratorium: A. This moratorium prohibits the creation, opening, and establishment of any new adult- oriented business, including adult stores, theaters and cabarets within the Town during the term of this moratorium. B. This moratorium shall be in effect until September 15, 1996. During the term of this moratorium, the Planning Board, the Zoning Board of Appeals, the Town Clerk, and Building Inspector of the town of Mamaroneck are individually and jointly prohibited from accepting or reviewing any application or approving any application, permit, or any other document authorizing the establishment or operation of any "adult-oriented" business or land-use. Section 5. Penalties: A. Any person, corporation, partnership, or entity that establishes, constructs, or installs any building, improvement, structure, or conducts or operates any land-use in violation of the provisions of this Local Law, shall be guilty of a violation and, upon conviction, subject to a penalty of up to $500.00 for each day that such violation continues to exist. A violation of this Local Law shall be treated as a violation of the Town Zoning Ordinance. 4 February 28, 1996 B. Where a violation continues and/or any person or entity refuses to conform to the plain terms of this law, the Town shall have the right to seek and obtain injunctive relief to .compel and enforce this moratorium. Section 6. Severability: Should any provision of this Local Law be declared unconstitutional or invalid by any court of competent jurisdiction, such declaration of unconstitutionality or invalidity shall not affect any other provisions of this Local Law unconstitutional provision. Section 7. Superseding: A. All laws, ordinances, rules and regulations of the Town of Mamaroneck are hereby modified and superseded by this Local Law with respect to their application to the subject matter of this Local Law for the term of this Local Law. B. This Local Law shall modify and supersede with respect to its application and for the term of this Local Law the following provisions of the Town Law of the State of New York: Sections 138, 267-a, 267-b, 274-b, 276 and 277. Section 8. Hardship: A. Should any owner of property affected by this Local Law suffer an unnecessary hardship in the way of carrying out the strict letter of this Local Law then the owner of said property may apply to the Town Board in writing for a variation from strict compliance with this Local Law upon submission of proof of such unnecessary hardship. For the purposes of this Local Law unnecessary hardship shall not be the mere delay in being permitted to make an application for a building permit, a variance, special permit, site plan, wetlands permit, or subdivision during the pendency of this Local Law. B. Procedure. Upon submission of a written application to the Town Clerk by the property owner seeking a variation of this Local Law, the Town Board shall within 30 days of receipt of such application schedule a Public Hearing on said application upon five days written notice in the Official Newspaper of the Town. At said Public Hearing the property owner and any other parties wishing to present evidence with regard to the application shall have an opportunity to be heard, and the Town Board shall within 15 days of the lose of said Public Hearing render its decision either granting or denying the application for a variation from the strict requirements of this Local Law. If the Town Board determines that a property owner will suffer an unnecessary hardship if this Local Law is strictly applied to a particular property, then the Town Board shall vary the application of this Local Law to the minimum extent necessary to provide the property owner relief from strict compliance with this Local Law. C. Any party aggrieved by the determination of the Town Board on an application for a variation from the strict compliance with this Local Law may appeal said decision to the Supreme Court, State of New York, Westchester County, pursuant to Article 78 of the Civil Practice Laws and Rules within 30 days of the filing of said decision in the Office of the Town Clerk. Section 9. Effective Date: This Local Law shall take effect immediately upon filing with the Secretary of State. 5 February 28, 1996 BOARD OF FIRE COMMISSIONERS The meeting was called to order by Commissioner Price at 9:25 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: Bart'Weprin Commissioner: Phyllis Wittner 1. Fire Claims: f Commissioner Ryan presented fire claims for authorization of payment, thereafter on his motion, seconded by Commissioner Weprin, 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 $ 25.00 AT&T Capital 110.18 AT&T Wireless 213.71 BI Furniture Company 77.80 Brewers 166.35 Business &Institutuionall-Furniture Co. 201.30 Byram 71.85 Cleaning Systems 47.09 Cleaning Systems 54.15 Copytex Corp. 84.50 Copytex Corp. 400.00 Coyne Textile Service 125.82 Dri-Chem 33.96 Dri-Chem 364.00 Dri-Chem 75.00 Dri-Chem 97.00 Dri-Chem 27.00 Emed Company 154.37 Everson-Ross 191.16 Excelsior Garage&Machine Works Inc. 116.00 Excelsior Garage&Machine Works Inc. 145.00 Giacomo Service Center, Inc. 671.42 Giacomo Service Center, Inc. 646.89 Gundelach's Inc. 240.95 Hill's Signs 216.00 National Business Furniture 408.00 National Business Furniture 428.00 Sound Shore Fire Protection 927.01 Staples 194.98 Thomas Landau 575.00 Thomas Landau 180.00 Thomas Landau 360.00 Thomas Landau 430.00 Total Marine LTD 72.80 Weson Tire 121.74 $ 8,254.03 6 February 28, 1996 CAPITAL CPA Construction $ 910.00 Dover Elevator Company 3,799.00 4,709.00 TOTAL $ 12,963.03 7 February 28, 1996 2. Authorization -Transfer of Funds - Firehouse Project This item was tabled until the next meeting. 3. Other Business Peter Lividini said that he had submitted a bill for payment in early December, which had not been paid as yet and wondered at it being postponed. The Supervisor stated that payment had not been postponed by the Board, the memo for payment had only been distributed to the Board members this evening. There being no further business to come before the Commission, on motion of Councilwoman O'Keeffe, seconded by Councilwoman Wittner, the Commission unanimously adjourned at 9:40 PM. AFFAIRS OF THE TOWN 1. Appointments - Coastal Zone Management Commission Councilwoman Wittner offered the name of Martha Kaufman for this position, reporting that Ms. Kaufman had served as a member of CAC, was a trained Naturalist, had held the position of Executive Firector of the LIFE Center. On her motion, seconded by Councilman Ryan, it was unanimously RESOLVED, that the Town Board does hereby appoint Martha Kaufman, 30 Pryer Manor Road, as a member of the Coastal Zone Management, replacing Nancy Sterbenz; said term beginning February 1996, ending August 1998. Envier Ordierna interrupted to commend the Town for its response to a bad snow storm, and said that he was pleased to see that snow sticks had been placed by the fire hydrants. Chief Mirabella, thanked him, saying that members of the department had placed the markers 2. Authorization - Land Sale Contract-Jason Lane Mr. Silverberg said that the contract for the Jason Lane property had finally been signed by the purchaser, and that authorization would now be necessary for the Supervisor to execute the deed transfer and contract on behalf of the Town. On motion of Councilwoman Wittner, seconded by Councilwoman O'Keeffe, it was unanimously, RESOLVED, that the Town Board does hereby authorize the Supervisor to execute the Contract of Sale for property on Jason Lane, identified as Block 207, Lot 470 on the Town tax map, said property to be sold to Tella General contracting, 6 Purdy Avenue, 8 February 28, 1996 Rye, New York 10580, for the purchase price of$110,000 as bid at auction held by the Town; and BE IT FURTHER, RESOLVED, that said sale and transfer is subject to permissive referendum, and notice of same shall be published and posted by the Town Clerk. 3. Consideration of Agreement- Rollerdome Mr. Altieri reported that negotiations for the renewal of agreement with Rollerdome have been proceding and that proposal was now ready for review by the Board. He summarized the agreement as follows: A four year agreement beginning May 1996, base license fee is $240,000, with the proviso that Rollerdome make capital improvements including the installation of air conditioning for the rink and for the repair and resurfacing of the parking Loat; In addition Rollerdome will pay the town 1% of gross revenues over $25,000 in the first year, 1.5% in year two calculated on all revenues, and 2%for year three and four; Rollerdome requested the right to install four amusement devices; the Town may terminate the agreement at any time, but then would have to pay Rollerdome the depreciated value of capital improvements. 4. Authroization -Approval of Certiorari The Supervisor explained that George Derderian had negotiated settlements of appeals on behalf of the Town, and therefore authorization was necessary, noting that these properties were all located in the Village of Mamaroneck and the refunds were fairly low. On motion of Councilman Ryan, seconded by Councilwoman Wittner, it was unanimously, RESOLVED, that the Town Board does authorize the settlement of Certiorari for: 616 Fayette Avenue Block 829, Lot 97 Town tax loss $200 Year Assessment Reduced To Amount of Reduction 1995 $35,500 $20,000 $15,500 (43%) 619 Center Avenue Block 829, Lot 33 Town tax loss $150 Year Assessment Reduced To Amount of Reduction 1995 $32,000 $21,000 $11,000 (34%) 9 February 28, 1996 1'12 W Boston Post Road Block 913, Lot 219 Town tax loss $226 Year Assessment. Reduced To Amount of Reduction 1993 $30,000 $24,200 $5,800 (19%) 1994 $30,000 $24,200 $5,800 (19%) 1995 $30,000 $24,200 $5,800 (19%) 561-573 Palmer Avenue Block 903, Lot 9 Town tax loss $133 Year Assessment Reduced To Amount of Reduction 1995 $29,200 $19,000 $10,200 (35%) 329 Center Avenue Block 831, Lot 20 Town tax loss $170 Year Assessment Reduced To Amount of Reduction 1995 $40,000 $27,000 $13,000 (32%) 2089 Boston Post Road Block 705, Lot 338 Town tax loss $90 Year Assessment Reduced To Amount of Reduction 1995 $27,800 $21,000 $6,800 (24%) 950 Mamaroneck Avenue Block 817, Lot 551 Town tax loss $230 Year Assessment Reduced To Amount of Reduction 1994 $37,700 $30,000 $7,700 (28%) 1995 $37,700 $30,000 $7,700 (28%) 432-436 Waverly Avenue Block 825, Lot 53 Town tax loss $225 Year Assessment Reduced To Amount of Reduction 1995 $44,800 $27,500 $17,300 (38%) 2325 Boston Post road Block 701, Lot 316 Town tax loss $165 Year Assessment Reduced To Amount of Reduction 1994 $42,000 $35,700 $6,300 (15%) 1995 $42,000 $35,700 $6,300 (15%) 10 February 28, 1996 5. Authorization -Westchester Joint Water Works Project A-1117 South Ridge Road The Administrator requested authorization on behalf of Westchester Joint Water Works for a joint project, for a replacement of 90' of 16 inch main pipe at South Road Bridge,to cost $33,000, of which the Town's share is $7,300. On motion of Councilwoman O'Keeffe, seconded by Councilwoman Witmer, it was unanimously, RESOLVED, that the Town Board does hereby approve the joint improvement project No. A1118, which will replace approximately 90' of water main crossing the Southbound roadway of Interstate 95 at the South Road Bridge in the Town/Village of Harrision, as recommended by John Hock, Manager of the Westchester Joint Water Works, at a cost to the Town of$7,300. 6. Authorization -Appropriation of Grant Funds - Records Management The Administrator said the Comptroller needed approval to transfer surplus funds in the amount of$11,800, which represent grant funds received from the State for the Records Program. On motion of Councilman Weprin, seconded by Councilman Ryan, it was unanimously, RESOLVED, that the Town Board does hereby approve the transfer of surplus funds in the amount of 411,800"to account A1410.4277 (Records Management), said funds are grant monies received from the State for the Records Management Project. 7. Authorization -Waiver of Fees - Hommocks Pool Project On motion of Councilman Ryan, seconded by Councilwoman O'Keeffe, it was unanimously, RESOLVED, that the Town Board authorizes waiving all the following fees for the Hommocks Pool Project: Site Plan: $300.00 BAR Sign Permit: $100.00 Building Permit: $50.00 Filing & Permit Fee: $3,940.00 Erosion Control Permit: $350.00 Filing &engineering Fee: $450.00 Permit Fee: $400.00 Plumbing Permit: $75.00 8. Salary Authorizations - Recreation On motion of Councilwoman O'Keeffe, seconded by Councilman Ryan, it was unanimously, 11 February 28, 1996 RESOLVED; that the Town Board does hereby authorize the payment of salary for the following: Jeffrey Santorsola, Alt. Life guard, Hommocks Pool, $6 an hour, effective retroactive to February 2, 1996. Item Added to Agenda 9. Temporary Sign -Actionville Supervisor Price said that Actionville, was requesting permission to erect a sign for a special fundraising event; the signs would be up from February 29 to March 12, 1996. The sign would be 4' by 4' plywood, light color with black lettering. On motion of Councilman Weprin, seconded by Councilman Ryan, it was unanimously, RESOLVED, that the Town Board does hereby approve the erection of a sign by Actionville, on the comer of Boston Post Road and Hommocks Road, from February 29 to March 12, 1996, said sign not to exceed 4' by 41. SUPERVISOR REPORTS Supervisor Price thanked everyone who had come forward and offered their help and support in response to the anti-semitic incidents that had recently ocurred; she said that everyone is appalled, and a tremendous effort is being put forth by everyone to show a united front against this type of thinking. Adjournment The meeting was adjourned at 10:25 pm. Patricia A. DiCioccio Town Clerk 12