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HomeMy WebLinkAbout1997_04_02 Town Board Regular Minutes TOWN OF MAMARONECK TOWN BOARD AGENDA REGULAR MEETING - Wednesday,April 2, 1997 -Town Center Court Room- 8:15 PM THE TOWN BOARD WILL CONVENE at 7:00 PM into a Work Session to discuss draft zoning regulations for food related businesses and adjourn into an Executive Session at 7:45 PM to discuss certioraris. CONVENE WORK SESSION RECESS WORK SESSION CONVENE EXECUTIVE SESSION RECESS EXECUTIVE SESSION RECONVENE REGULAR MEETING CALL TO ATTENTION -Location of Exits PUBLIC HEARING -Designation of No Parking Zones -Boston Post Road BOARD OF FIRE COMMISSIONERS 1. Fire Claims 2. Other Business AFFAIRS OF THE TOWN 1. Approval of Certioraris 2. Set Public Hearings - a) Sewer District Extension -b) Amendment to Senior Citizens Tax Exemption Law 3. Salary Authorization-Recreation ORAL COMMUNICATIONS WRITTEN COMMUNICATIONS SUPERVISOR REPORTS REPORTS OF THE COUNCIL Next regularly scheduled meetings -April 16, 1997 -May 7, 1997 Any physically handicapped person needing special assistance in order to attend the meeting shop J d call the Town Administrator's office at 3 81-7810. MINUTES OF THE REGULAR MEETING OF THE TOWN BOARD OF THE TOWN OF MAMARONECK AND THE BOARD OF FIRE COMMISSIONERS HELD ON APRIL 2, 1997 AT-8:15 PM IN THE COURT ROOM OF THE TOWN CENTER, 740 W. BOSTON POST ROAD, MAMARONECK, NEW YORK, 10543 PRESENT: Supervisor Elaine Price Councilman Paul A. Ryan Councilwoman Valerie M. O'Keeffe Councilwoman Phyllis Wittner ALSO PRESENT: Patricia DiCioccio, Town Clerk Charlene Indelicato, Town Attorney ABSENT: Councilman Weprin was on vacation. The Town Administrator was not at the meeting this evening as he was attending a conference. CONVENE WORK SESSION The Board convened into a Work Session at 7:00 PM in Conference Room A of the Town Center to discuss draft zoning regulations for food related businesses and then adjourned into an Executive Session at 7:45 to review certiorari. 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 8:15 PM, who then pointed out the location of exits. The Supervisor addressed the audience at this point, saying that she had missed the last Town Board meeting because she was attending her daughter's confirmation dinner. She said that it was unfortunate timing, as at that time that there had been a contingent of residents and representatives of Irish-American heritage who had been at the meeting to voice their concerns regarding some statements that had been made at a prior meeting by Board members. She said that she had contacted everyone from that meeting to both apologize and to hear their concerns regarding the issue. Supervisor Price reiterated her and the Board's apology, saying that The Human Rights Commission would have a meeting on the issue and that she felt that some common ground had already been reached on the issue. Hugh Fox, thanked her, and said her apology was accepted and was much appreciated. Eleanor McDonald, voiced her thanks and appreciation for the swift action by Supervisor Price to apologize and deal directly with the problem. Ms. McDonald then passed out a sample of a photo display that was being shown around the country to gain awareness of Irish issues as April 2, 1997 well as world hunger. She said that the movement had started in Ireland during the Irish famine, and has grown into a tremendous organization helping many people, anyone wishing to learn more, should contact Maureen Redman, at the office in Cortlandt. She once again thanked the Supervisor for the gracious way in which this matter had-been handled. John Troy said that he was glad that the Board had apologized and that they promised that nothing like this would happen again. Frank Fanning added his thanks, saying he accepted it and highly regarded the way that the Supervisor and Board responded to,this matter. The Supervisor thanked them for attending, and commended Hugh Fox and Eleanor McDonald for involvement and activism. PUBLIC HEARING - Designation of No Parking Zone - Boston Post Road On motion made by Councilwoman Wittner, seconded by Councilman Ryan, the public hearing was opened. Supervisor asked if anyone wished to speak in favor of or against the proposed change. Ernie Odierna asked if the notice could be explicit, explaining more of the specifics about the law. Councilwoman Wittner replied that the location of the property is mostly in New Rochelle; the driveway is in the Town. The driveway is an exit from an auto dealership and it is because of their request to the Traffic Committee that the situation was reviewed. There is a line of sight hindrance when a car is exiting the driveway caused by cars that are parked and blocking the view of oncoming traffic. The Traffic Committee recommended that a no parking ordinance, on .both sides of the driveway be adopted. Adam Reese, an employee of Lincoln/Mercury, which is the car dealership where the problem exists, stated that the driveway is dangerous. He questioned the directions, saying that it was his understanding that the restriction was for 2 spots north of the driveway, in an easterly direction, and that the south side was all right. The Board then discussed the recommendation from the Traffic Committee, and concurred that the matter should be referred back to the Traffic Committee for clarification and this hearing be adjourned to the next Board meeting. On motion of Councilwoman Wittner, seconded by Councilwoman O'Keeffe, the hearing was unanimously adjourned to the April 16, 1997 Town Board meeting. Supervisor Price introduced Cora Rust, the chair of the Human Rights Commission. Cora said that with her this evening were other members of her Commission, Mary McDonald, Robin Nichinsky and Judy Meyers. Mrs. Rust then reported that the purpose of the Human Rights Commission was to promote issues involving humanity. She said that once a year- on Martin Luther King's birthday, there is a tri-municipal Human Rights Commissions' celebration where we honor either a person or groups for their contributions to bettering our world. The Commission tries to bring programs helping to educate and promote awareness of rights, feelings and thoughts of the different religious and ethnic groups. She said that because of anti-Semitic incidents, another program 2 April 2, 1997 had been performed by the Rye City Human Rights Commission, showing through skits, how African-Americans and those of Jewish heritage are portrayed. Mrs. Rust said that the Commission receives complaints from people or groups that feel 'wronged,' the commission will work toward conciliation and by teaching people how to live and work together. She ended by saying that the Commission has received both financial and group support. Cora thanked the Board members, who then in turn thanked her. Cora also spoke of a former member Sheila Crain, who had passed away recently, She had been a very active, long term member, taught in our school system, and was generally a wonderful person, who will be missed terribly by ourselves and many others. The Board members recalled her and reiterated that Sheila had been a outstanding activist, and a warm, wonderful person. BOARD OF FIRE COMMISSIONERS Board did not convene into Board of Fire Commissioners as Councilman Weprin was not in attendance and he was given the Fire Claims. AFFAIRS OF THE TOWN 1. Approval of Certiorari Supervisor Price read the following list, which outlines the properties that have been recommended for settlement by our Consultant in these matters, George Derderian. Morris Wade/Saturn Dealership 2500 Boston Post Road, Mamaroneck 503/123 Carlton House Condo's 35 North Chatsworth Avenue, Mamaroneck 134/1AZ to 6Y, PI 1-31, 1-41 Waverly Land Management 270 Waverly Avenue, Village of Mamaroneck 823/229 Roneck Associates, Inc. 426-438 Mamaroneck Ave. Village of Mamaroneck 907/41 Angelo Lopane 2001 & 2020 Boston Post Road, Village of Larchmont 707/130 & 614/240.1 (Volvo Dealership) Gilbert Basin 1009 West Boston Post Road, Village of Mamaroneck 921/158 On motion of Councilman Ryan, seconded by Councilwoman O'Keeffe, the following certiorari were unanimously approved for settlement: Morris Wade - Saturn Auto Dealership 2500 Post Road, Town of Mamaroneck Block 503 Lot 123 Assessment: $125,000 Years under appeal: 1995 & 1996 3 April 2, 1997 Amount of Year Assessment Reduced to Reduction 1995 $125,000 $100,000 $25,000 (20%) 1996 $125,000 $100,000 $25,000 (20%) The loss in taxes to the Town is estimated at $7,100 Roneck Associates, Inc. - B. L. Haines as Receiver for Eastchester Savings 426-438 Mamaroneck Avenue, Village of Mamaroneck 907/41 Assessment: $56,000 Year under appeal: 1992 Amount of Year Assessment Reduced to Reduction 1992 $56,000 $40,750 $ 15,250 (27%) This reduced assessment indicates a full value of $885,800 The loss in taxes to the Town is approximately $180 Angelo Lopane 2020 Boston Post Road, Larchmont Block 614, Lot 240.1 Years Under Appeal: 1993, 1994, 1995 & 1996 Amount of Year Assessment Reduced to Reduction 1993 $82,500 $57,500 $25,000 (30%) 1994 $82,500 $57,600 $24,900 (30%) 1995 $82,500 $59,500 $23,000 (27%) 1996 $82,500 $58,700 $23,800 (28%) ,4?igelo Lopane 2001 Boston Post Road, Larchmont Block 707, Lot 130 Years under Appeal: 1993, 1994, 1995 & 1996 Amount of Year Assessment Reduced to Reduction 1993 $98,200 $70,700 $27,500 (28%) 1994 $98,200 $70,500 $27,700 (28%) 1995 $98,200 $73,600 $24,600 (25%) 1996 $98,200 $72,500 $25,700 (26%) The reductions of the above two properties results in a loss in taxes of approximately $2,600. Carlton House at Larchmont Condominium 4 April 2, 1997 35 North Chatsworth Avenue Mamaroneck, NY Block 134, Lots 1AZ to 6Y PI 1-31 and PO 1-41 Years Under Appeal: 1993, 1994, 1995 & 1996 Total of all Living Unit Assessments Amount of Year Assessment. Reduced to Reduction 1993 $1,187,410 $947,445 $239,965 (20%) 1994 $1,187,410 $942,450 $244,960 (20%) 1995 $1,187,410 $942,450 $244,960 (20%) 1996 $1,187,410 $942,450 $244,965 (20%) The garages and the on-site parking spaces have been assessed separately and have been reduced as follows: P-1 1993 $40,050 $20,025 $20,050 (50%) 1994 $40,050 $20,025 $20,050 (50%) 1995 $40,050 $20,025 $20,050 (50%) '1996 $40,050 $20,025 $20,050 (50%) P-O 1993 $ 7,560 $ 3,780 $ 3,780 (50%) 1994 $ 7,560 $ 3,780 $ 3,780 (50%) 1995 $ 7,560 $ 3,780 $ 3,780 (50%) 1996 $ 7,560 $ 3,780 $ 3,780 (50%) This settlement results in a loss in taxes to the Town of$137,000 Waverly Land Management 270 Waverly Avenue Village of Mamaroneck Block 823 Lot 229 Assessment: $75,100 ,`ears Under Appeal: 1995 & 1996 Amount of Year Assessment Reduced to Reduction 1995 $75,100 $47,500 $27,600 (36%) 1996 $75,100 $47,500 $27,600 (36%) This settlement has been approved by the Village of Mamaroneck on December 1996 The loss in taxes resulting from this settlement is approximately $580 2. Set Public Hearings -Sewer District Extension -Amendment to Senior Citizens Tax Exemption Law The Administrator sent a memo to the Board members that explained that the proposed sewer district extension for the Laurel Manor Subdivision, which is located just east of the Scarsdale and Mamaroneck Border across from the Bonnie Briar Country Club. The Supervisor said that they will be constructing six single family homes, which was approved by the Planning Board; i 5 J April 2, 1997 as part of the subdivision approval, the developer has to install sanitary sewers. Because the property is not part of the Town's Sewer District, the developer has petitioned the Board to extend the district, which would mean that the Town would also levy the taxes for it. All costs relating to the extension of the district will be paid by the developer. The Board questioned aspects of the proposal: the timing, the impact, they reviewed the umments from Malcolm Pirnie, what the Town's future cost might entail. Supervisor read the following letter from CZM into the record: Re: Laurel Manor Subdivision-- Proposed Extension of Sewer District 1001 Fenimore Road, Larchmont, New York Referral Basis: unlisted Action Town Board- Town of Mamaroneck Town Center- 740 West Boston Post Road Mamaroneck, New York 10543 Dear Members of the Town Board. The proposed Extension of Sewer District was heard by the Coastal Zone Management Commission (the "CZMC') at its meeting held on March 18, 1997. By letter dated November 12, 1996, the CZMC informed the Town of Mamaroneck Planning Board that it had determined that the Laurel Manor Subdivision proposal(which included the extension of the sewer district) was consistent with policies 7A, 14, 17 and 44 of the Local Waterfront Revitalization Program (the "LWRP'). The CZMC has further determined that the extension of the sewer district is consistent with Policy 32A of the LWRP which promotes direct connection to the public sewage disposal system. Very truly yours, By. Lillian Andrews Co-Chair By:Nancy Seligson Co-Chair Coastal Zone Management Commission The Supervisor read then the following negative declaration regarding the sewer district extension: Negative Declaration Lehrer Limited Partnership has submitted an application for the extension of the Town of Mamaroneck Sewer District in the Town of Mamaroneck(the "Proposed Action")to provide public sanitary sewer service to 6 homes to be constructed as part of a subdivision to be known as Laurel Manor on an 8.9 acre parcel located on the northerly side of Fenimore Road, east of Griffen Avenue in the Town of Mamaroneck, known as 1001 Fenimore Road and designated Section 301, Lot I and Section 302,Lot I on the Town's tax map. It is proposed that these houses be connected to the 8-inch public sanitary sewer in Fenimore Road via approximately 556 lineal feet of new 8-inch sewer to be installed in the proposed road serving the subdivision to be known as Laurel Manor Drive. An easement to the Town will be required on Lot 6 to permit the sewer to traverse this lot. 6 April 2, 1997 The Proposed Action is an unlisted action pursuant to SEQRA and MEQRA. See 6 N.Y.C.R.R. _617.4 and 617.5; Town of Mamaroneck Code_92-7 (A) and 92-7 (B). In accordance with SEQRA's implementing regulations,the Town Board of the Town of Mamaroneck, with the assistance of the Town's Consulting Engineer, Gary Trachtman of Malcolm Pirnie, Inc., has identified each relevant area of environmental concern and assessed the effects of the Proposed Action on the areas so identified. A short form environmental assessment form("EAF"), dated February 24, 1997, has been prepared for the Proposed Action. As explained below, based on its review of the EAF and the review undertaken on its behalf by Malcolm Pimie,the Town Board has determined that the P,onosed Action will not result in any significant adverse environmental impacts. 1. The Town's existing sanitary sewer in Fenimore Road has sufficient capacity to accommodate the additional wastewater flows from the proposed residences. 2. The location of the new sewer lines in the Laurel Manor Drive avoids disturbance of wetlands adjacent to the proposed conservation easement on Lots 5 and 6. 3. Appropriate sediment and erosion control measures will be installed prior to the construction of the sewer as part of the overall sediment and erosion control plan for the development as set forth in the Planning Board's Preliminary Subdivision Resolution, dated January 15, 1997. 4. The provision of public sanitary sewer service avoids the necessity of installation of six new septic system. By avoiding the potential negative environmental impacts associated with the installation of septic systems,the Proposed Action will have positive environmental impacts. 5. The Proposed Action will not have any growth inducing impacts because, at most, there are only one or two existing homes in the area subject to the Proposed Action that could require sanitary sewer service from the Town. There are no undeveloped parcels in the area-that could be developed as a result of the Proposed Action. 6. The Coastal Zone Management Commission has reviewed the Proposed Action and by letter dated March 24, 1997. has indicated that it is consistent with the policies of the Town's of the Town's Local Waterfront Revitalization Program("LWRP"). The Town Board notes that the Planning Board has previously reviewed the environmental impacts of the Proposed Action in connection with its review of the Laurel Manor Preliminary Subdivision. application and concluded that it would have no significant impact. 7 April 2, 1997 Conclusions and Findinas The Town Board of the Town of Mamaroneck has concluded that the proposed Action will not result in any large and/or important impacts. Accordingly, the Town Board hereby finds that the Proposed Act . ion would have no significant environmental effect. This negative declaration has been prepared in accordance with Article 8 of the New York State Environmental Conservation Law Dated: Mamaroneck,New York April 2, 1997 Gn motion of Councilwoman Wittner, seconded by Councilwoman O'Keeffe, it was unanimously RESOLVED, that the Town Board does hereby set the date for public hearing on the Sewer District Extension for April 16, 1997 at 8:15 PM; and BE IT FURTHER, RESOLVED, that the Town Clerk be authorized to publish the notice of said hearing in a newspaper appointed as an official source, and that notice be so posted. Set Public Hearings -Amendment to Senior Citizens Tax Exemption Law Supervisor Price explained that this amendment to our local law would bring the Town Code i! fc conformance with amendments to the State Tax Law that the legislature had passed in 1996. She added that this allows for an adjustment to income based on medical expenses and that it is instituted by local adoption. She said that seniors within a certain income level are eligible for up to a 50% reduction in their assessed valuation. On motion of Councilwoman Wittner, seconded by Councilwoman O'Keeffe, it was unanimously RESOLVED, that the Town Board does hereby set the date for public hearing on the Senior Citizens Tax Exemption Law for April 16,1997 at 8:15 PM; and BE IT FURTHER, RESOLVED, that the Town Clerk be authorized to publish the notice of said hearing in a newspaper appointed as an official source, and that notice be so posted. 3. Salary Authorization - Recreation On motion of Councilwoman O'Keeffe, seconded by Councilman Ryan, it was unanimously, RESOLVED, that as provided for in the 1997 budget the Town Board does hereby approve the authorization of salary to the following: 8 April 2, 1997 Lester Wauchope, Attendant, Memorial Park Tennis Courts, $10/hour, effective retroactive to March 25, 1997. David Paterno, Attendant, Memorial Park Tennis Courts, $8.75/hour, effective 4/1/97. Kathy Varian, Attendant, Memorial Park Tennis Courts, $8.75/hour, effective 4/1/97. Ray Varian, Attendant, Memorial Park Tennis Courts, $8.25/hour, effective 4/1/97. Gina Tunno, Alternate Attendant, Memorial Park Tennis Courts, $8/hour, effective 4/1/97. REPORTS The Supervisor reported that there had been foxes sited in the area and she wanted to reassure residents that foxes pose no danger to them or their children. They weigh about 12 pounds are nocturnal and are actually helpful because they eat rodents. Supervisor Price said that she had attended an all day workshop that had been sponsored by our Recreation Department. It was on reckless youth, and given by Dr. Halloway, who had spent much of his times studying gangs. She found it enlightening, and enriching. She said that most crimes are committed between the hours of 3 to 9:30 PM and that most teen pregnancies happen during that same time period. She added that a common element among youth that get in trouble is that they have an excess of time on their hands, 21 hours a week or more of unstructured time. She said that the next meetings of the Town Board will be on April 16th and May 5th. ADJOURNMENT The Supervisor said that she would like to adjourn the meeting in memory of Sheila Crane, who had done so much for her community, and sent her condolences to her family. Then on motion of Councilwoman O'Keeffe, seconded by Councilwoman Wittner, it was unanimously resolved to adjourn in Sheila's memory. C:\MSOFFICE\WINWORD\MINF\97-2-4X.doc 9