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.
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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.
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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.
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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.
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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.
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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
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February 28, 1996
CAPITAL
CPA Construction $ 910.00
Dover Elevator Company 3,799.00
4,709.00
TOTAL $ 12,963.03
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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,
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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%)
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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%)
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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,
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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
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