HomeMy WebLinkAbout1992_10_21 Town Board Regular Minutes I
MnXITES OF THE REGULAR MEETING OF THE
TOWN BOARD OF THE TOWN OF NNECK
HELD ON THE 21ST DAY OF OCTOBER 1992
IN THE COURT ROOM OF THE TOWN CENTER,
740 W. BOSTON POST ROAD, MAMARONECK,
NEW YORK
CONVENE REGULAR MEETING
The meeting was called to order by Supervisor Silverstone at 8:20 ptn
in Court Room of the Town Center.
PRESENT: Supervisor Caroline Silverstone
Councilwoman Elaine Price
Councilwoman Kathleen Tracy O'Flinn
Councilman Paul A. Ryan
ALSO PRESENT WERE:
Patricia DiCioccio, Town Clerk
Stephen Altieri, Town Administrator
Steven Silverberg Counsel to the Town
Louis Santoro, Fire Chief
ABSENT: Councilman John McGarr, who was called home
on an emergency
CALL TO ATTENTION
Supervisor Silverstone pointed out to those assembled the locations
of exits as required by law for public gatherings.
PRESENTATION - Long Island Sound Taskforce
The Supervisor introduced Nancy Seligson a member of the Long Island
Task Force.
Ms. Seligson thanked the Board for their unanimous approval of the
'Mabancement Long Island Sound Clean Water/Jobs Platform" resolution
that was adopted on September 9, 1992. She reported that the
Westchester County Board had also passed a similar resolution, which
would help to galvanize county-wide Long Island Sound clean-up
efforts that were already underway. Ms. Seligson said that she
looked forward to working with the Town to help secure funding for
restoration programs. She once again expressed her gratitude to the
Town on behalf of the Board of Trustees of the Long Island Sound
Taskforce.
PUBLIC HEARING - Erosion and Sediment Control Law
The Supervisor requested a motion to open the Hearing and on motion
by Councilwoman O'Flinn, seconded by Councilman Ryan, it was
unanimously
RESOLVED, that the Public Hearing be, and
hereby is declared open.
The Town Clerk presented for the record the Affidavits of
Publication and Posting of the Notice of Hearing.
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The Supervisor then asked if anyone wished to speak in favor of the
law that they now come forward and that they give their name and
address for the record.
Supervisor Silverstone requested anyone wishing to speak in
opposition to the law to now coarse forward.
As there was no response, the Supervisor requested a motion to close
the hearing, and on motion of Councilman Ryan, seconded by
Councilwoman O,Flinn the public hearing was unanimously declared
closed.
Thereafter, on motion by Councilwoman Price, seconded by Councilman
Ryan, the following Local Law was unanimously adopted.
LOCAL LAW #8-1992
SURFACE WATER, EROSION AND SEDIMENTATION CONTROL LAW
CONTENTS
01. TITLE
02. STATUTORY AUTHORITY
03. FINDINGS AND PURPOSE
04. DEFINITIONS AND WORD USAGE
05. PERMIT REQUIRED FOR CERTAIN WORK
06. APPLICATION FOR PERMIT; WAIVER
07. ACTIVITIES NOT REQUIRING PERMIT
08. SURFACE WATER CONTROL GUIDELINES FOR ENGINEER'S
DETERNINATION
09. EROSION AMID SEDIMENT WATER CONTROL GUIDELINES FOR
ENGINEER'S DETERMINATION
10. CONMUS OF SURFACE WATER AND EROSION AND SEDIMENT
CONTROL PLANS
11. Chi BOND AMID OTHER, MAINMUMNCE REQUIREMENTS
12. FEES
13. PENALTIES FOR OFFENSES; OTHER REMEDIES
14. COMPLIANCE
15. RI= OF ENTRY
16. CONFLICTS WITH OTHER ORDINANCES; SEVERABILITY
Section - 01. TITLE
The Surface Water, Erosion and Sediment Control Law of the Town
of Mamaroneck.
Section - 02. STATUTORY AUTHORITY
This local law is enacted pursuant to the authority of
municipalities to promote the public health, safety, and general
welfare of their citizenry under New York State Municipal Home
Rule Law (Section 10) , New York Environmental Conservation Law
(Article 36) , the Waterfront Revitalization and Coastal
Resources Act of the State of New York (Article 42 of the
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Executive Law) and other applicable provisions of State and
federal Law.
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Section - 03. FINDINGS AMID PURPOSE
A. FINDINGS
Stormwater runoff from developing areas can lead to off-site
problems including flooding, erosion and water quality
degradation. Pollutants and sediment in runoff frown
construction sites can have a significant effect on the quality
of downstream waters. It may also destroy fish habitats, impair
viability of aquatic plants and reduce the channel capacity of
watercourses, thereby affecting the public, business and
commerce. These effects are caused partly by faults in the
design of development and partly by inadequate control of
surface water, erosion and sediment during construction.
It is the intent of these regulations to control and regulate
land disturbing activities to assure that best management
practices are used which minimize water pollution, retain
valuable topsoil and vegetation and prevent flooding, erosion
and sedimentation.
B. PURPOSE
The Town of Mamaroneck therefore declares that the purpose of
this local law is to safeguard persons, protect property,
prevent damage to the environment and promote the public welfare
by guiding, regulating and controlling the design, construction,
use, and maintenance of any development or other activity which
disturbs or breaks the topsoil or results in the movement of
earth on land situated in the Town of Mamaroneck.
Section - 04. DE'F'INITIONS AMID WORD USAGE.
A. DEFMTIONS. Certain words in this chapter are defined for
the purpose thereof as follows:
Adjoining Property - For the purpose of this chapter, any
property facing a work site across any street or highway shall
be deemed adjoining property, as well as any property contiguous
on any side.
Base Flood - The 100-year frequency storm.
Best Management Practices/Manuals - Procedures, methods, and
publications pertaining to construction activities which are
intended to minimize water pollution, retain valuable topsoil,
and prevent erosion and sedimentation, such as those practices
contained in the "Westchester County Best Management Practices
Manual for Erosion and Sediment Control (WCBMPM)- December 1991,
the "New York State Department of Environmental Conservation
Division of Water, Technical and Operations Guidance Series
numbers 5.1.8 and 5.1.1011, the Metropolitan Washington Council
of Governments-, "Controlling Urban Runoff: A Practical Manual
for Planning and Designing Urban BMPs11 and "Urban Hydrology for
Small Watersheds- Technical Release No. 5511 prepared by the
united States Department of Agriculture Soil Conservation
Service, as from time to time amended, supplemented or replaced.
Building Inspector - The Building Inspector or duly authorized
representative of the Town of Mamaroneck Building and
Engineering Department.
Development - Any man-made change to improved or unimproved real
estate, including but not limited to construction of buildings
or other structures and mining, dredging, filling, grading,
paving, excavation, drilling or blasting.
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Erosion and Sediment Control Plan - A drawing prepared by a New
York State licensed professional engineer, certified erosion
control specialist, person with demonstrable educational and
experiential qualifications in the field, or the Westchester
County Soil and Water Conservation District showing the proposed
use of the site and showing the methods, techniques and
improvements, both during and after construction, that will be
employed to control erosion and sedimentation, which shall
employ best management practices.
Facinct - For the purpose of this chapter, any property within
the opposite area of the projection of the line of the side
property lines.
Land Disturbing Activity - Any change to land which may result
in soil erosion from water or wind and the movement of soil into
waters or onto lands, including but not limited to clearing,
removal of vegetation, grading, excavating, transporting, and
filling of land.
Municipal Permit - Any permits, grants or licenses issued by the
Town of Mamaroneck, including, but not limited to building,
grading, demolition, clearing and excavation permits, and
subdivision and site plan approvals.
Person - Includes any individual or group of individuals,
corporation, partnership, association or any other entity,
including state and local governments and agencies, authorities
or other political subdivisions thereof.
Steep Slopes - Ground areas with a slope greater than
twenty-five percent. Slopes that exceed one foot of vertical
rise to four feet of horizontal distance.
Surface Water Control Improvements - Improvements to property by
the use of the following facilities: drainage pipes, ditches,
culverts, water-retention and detention areas and structures,
swales, slopes and other conduits and reservoirs.
Surface Water Control Plan - A drawing prepared by a New York
State licensed professional engineer or registered architect
showing the methods, techniques and improvements, both during
and after construction, that will be employed to control surface
water runoff, and shall contain all surface water control
calculations, unless set forth in an accompanying document.
Town Engineer - The Town Engineer, Consulting Engineer or duly
authorized representative of the Town of Mamaroneck Building and
Engineering Department.
B. USE OF WORDS. Words used in the present term include the
future; the singular number includes the plural, and the plural
the singular: the "lot" includes the word "plot": the word
"buildinV, includes the word ',structure.,,
Section - 05. PERMIT REQUIRED FOR MMLI J WORK.
No person shall commence or carry out any development or
land-disturbing activity in the Town of Mamaroneck without first
obtaining a surface water and/or erosion and sediment control
permit(s) from the Building Department upon approval of plans
for such control by the Town Engineer, all other necessary
local, state, and federal permits, and thereafter complying with
the requirements of this local law.
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Section - 06. APPLICATION FOR PERMIT; MAIVER.
A. An application for a surface water and/or erosion and
sediment control permit shall be made on forms provided by the
Building Inspector. If the application is determined by the
Town Engineer to be in accord with this chapter, and if the
application is accompanied by the appropriate fees, the Building
Department shall issue the permit. The permit will be valid for
the concurrent time as the associated municipal permit is valid.
B. Each application shall include certification that any
land-disturbing activity, land clearing, construction, or
development involving the movement and storage of earth shall be
in accordance with the plans approved upon issuance of the
permit.
C. Failure of the Town Engineer to act on original or modified
applications within forty-five (45) days of receipt shall
authorize the applicant to proceed in accordance with the plans
as filed unless such time is extended by agreement between the
applicant and the Town Engineer. When an original plan has been
approved and an applicant wishes to modify the original plan,
pending preparation and approval of a modified plan, development
activities may be allowed to proceed in accordance with
conditions established by the Town Engineer.
D. Modifications of the surface water control and/or erosion and
sediment control plans shall be submitted to the Town Engineer
and shall be processed and approved, or disapproved, in the same
manner as the original plans. Filed modifications of a minor
nature may be authorized by the Building Inspector by written
authorization to the permittee.
E. The Town Engineer may waive the requirement for the issuance
of the surface water control and/or erosion and sediment control
permit(s) when such plans are submitted as part of an
application for compliance with the Flood Damage Prevention Law,
Freshwater Wetlands and Water Courses permit, Site Plan Approval
permit or Tree Preservation permit provided that the Building
Department shall not issue a building permit or a subsequent
certificate of occupancy until approval thereof has been
received from both the Town Engineer and the Building Inspector.
Section - 07. ACTIVITIES NOT REQUIRING PERMIT.
For the purpose of this chapter, a surface water and/or erosion and
sediment control permit(s) shall not be required for the following
activities:
A. Routine lawn and landscaping maintenance of existing
cultivated areas.
B. Existing nursery and agricultural operations conducted as a
permitted use.
C. Grading of land in a uniform manner, provided the existing
flow of surface water at the property lines is not altered and,
upon completion of the grading, the exposed surfaces are
permanently stabilized with vegetation.
D. Alteration of the interior of a building and alteration of
the exterior of a building, provided that such exterior
alteration does not increase land coverage by the building or
pavement or the alteration does not involve the demolition of a
part or all of the exterior of an existing building.
E. Any accessory structure of 100 square feet or less and/or any
deck.
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F. Any emergency activity which is immediately necessary for the
protection of life, property or natural resources, as determined
. by the Town Engineer.
Section - 08. SURFACE WATER CONTROL PERMIT GUIDELINES FOR
ENGINEER'S DETERMINATION.
A. The Town Engineer or his representative shall not approve the
issuance of a surface water control permit or authorize the
release of a performance bond, or, when a waiver of the
requirements for .the issuance of a separate surface water
control permit has been granted as herein provided, authorize
the issuance of a building permit or certificate of occupancy,
except in accordance with the following requirements, and shall
visit the site to observe the progress of the work and
immediately after completion to further ensure compliance with
these requirements:
(1) A surface water control plan may at the
discretion of the Town Engineer be referred to the
Westchester County Soil and Water Conservation
District for their review and comments, in
accordance with the Memorandum of Agreement between
the Town and the County. Any expense or fees caused
by the referral to District shall be the
responsibility of the applicant and will be in
addition to any other fee items in this Law.
(2) Surface water control plans shall reduce the
rate of runoff from land development to prevent
increases in flooding and flood damage except as
described in Section 08 A. (6) (e) , (f) or (g) .
Surface water control plans shall also reduce
erosion potential, assure the adequacy of existing
and proposed culverts and bridges, increase water
recharge into the ground, decrease nonpoint source
pollution and water quality degradation, maintain
stream channels for their biological functions as
well as for drainage through reduced streambank
erosion, and maximize preservation and protection of
stream corridors, floodplains, and wetlands.
(3) The natural drainage features of the site,
including natural drainageways and permanent and
periodic ponding areas, shall be preserved, except
for those reasonable alterations deemed necessary by
the Town Engineer to allow for the development of
the site in accordance with the provisions of the
Building Code and/or Zoning Ordinance.
(4) Surface water control improvements shall be
constructed so as not to discharge waters onto
adjoining property or public ways in such a manner
as to impair the permitted use or.development of
those properties or be detrimental to public
safety.
(5) Temporary surface water and soil erosion and
sediment control facilities, such as stream
diversions, ponds, silt fences, hay bales and check
dams, adequate to protect adjacent property, shall
be installed prior to the commencement of
construction, grading, excavation or removal of
vegetation.
(6) The applicant shall be required by the Town
Engineer to offset the increase in the rate of
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surface water runoff resulting from the proposed
development in accordance with the following requirements:
(a) Sites of four (4) acres or more, or sites with a
proposed net increase in impervious surfaces of 75% or
more shall provide for a 100-year stormwater detention
facility or facilities designed using those methods
contained in IRUrban Hydrology for Small Watersheds-.
Technical Release No. 55". The Town Engineer may
modify or waive this 100-year detention requirement
after consultation with the Westchester County Soil
and Water Conservation District.
(b) Sites of less than four (4) acres, or sites with a
proposed net increase in impervious surfaces of less
than 75% shall provide for a 25-year stormwater
detention storage facility or facilities designed
using those methods contained in IfUrban Hydrology for
Small Watersheds- Technical Release No. 55". . The Town
Engineer may modify or waive this 25-year detention
requirement after consultation with the Westchester
County Soil and Water Conservation District.
(c) Rainfall depth in 24 hours used in calculating
required stornwater detention facilities shall be as
indicated in the Westchester County Best Management
Practices Manual for Stornwater Runoff Control. In
each case, a Type III distribution shall be used.
(d) Detention facility maximum discharge rates for
preconstruction conditions for the 100-year storm and
the 25-year storm shall be as follows:
[1] 100-year storm:
100-, 50-, 25-, 10-, and 2-year storms.
[2] 25-year storm:
25-, 10-, 5-, and 2-year storms.
(e) When the Town Engineer finds that the increase
cannot be offset by on-site retention, he may permit
the increment of the increase which cannot be retained
to be carried away by the land's natural drainage,
provided that the increased rate and quantity of flow
will not impair the permitted use or development of
those lands over which such water will naturally flow
nor impress undue economic hardship upon any
downstream owner of such other lands.
(f) When the Town Engineer finds that the increase
cannot be offset by on-site retention or as provided
for in Subsection A(6) (e) above, he may permit that
increment of the increase that cannot be so controlled
to be discharged into a Town surface water control
facility, provided that he has determined that the
Town facility has sufficient capacity.
(g) The Town Engineer may waive or reduce the
requirements of this section if it is determined by
him that existing storm drains or storm drains
proposed to be constructed are of adequate size, and
will discharge surface water runoff directly to Long
Island Sound or any large inlet or harbor thereof.
However, no storm water shall be discharged off-site
in a manner which will allow such storm water to reach
surface waters unless the quality is improved or equal
to predevelopsment conditions.
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(h) In the event that the Town Engineer exercises his
option to waive any requirement or permit as set forth
in (6) (a) , (b) , (e), (f) and (g), he shall be
required to submit supporting calculations and
engineering data to substantiate the findings on which
this waiver or permission is predicated.
B. If the Town Engineer determines that the surface water
control facilities which can be provided in accordance with the
provisions of this section will not provide for the control of
the increase in the rate and quantity of flow of surface water
runoff resulting from the proposed development, he shall
disapprove the application unless the applicant has, within
thirty (30) days of being advised of the Town Engineers
determination modified the development proposal so that the
� oPnan
increase in the surface water runoff will not exceed the
capacity of the permissible surface water control facilities,
nor will impair use of, or do damage to, any downstream
property. Such modification by the applicant shall be deemed a
modification under section 12 A 2.
C. If the Town Engineer determines that the proposed methods of
controlling surface water are not provided in accordance with
this section, he shall disapprove the application unless the
applicant has, within thirty (30) days of being advised of the
Town Engineers determination, modified the development proposal
so that the requirements of this section are satisfied. Such
submittal shall be considered modifications under Section 12
A.2.
Section - 09. EROSION AND SEDD9M CONTROL PERMIT GUIDUMM
FOR E INEERIS DETERMIINATION.
A. The Town Engineer shall not approve the issuance of an
erosion and sediment control permit or authorize the release of
a performance bond, or, when a waiver of the requirement for the
issuance of a separate erosion and sediment control permit has
been granted as herein provided, authorize the issuance of a
building permit or certificate of occupancy, except in
accordance with the following requirements, and shall visit the
site to observe the progress of work and immediately after
completion to further ensure compliance with these minimm+
requirements:
(1) An erosion and sediment control plan may at the
discretion of the Town Engineer be referred to the
Westchester County Soil and Water Conservation District for
their review and comments, in accordance with the
Memorandum of Agreement between the Town and the County.
Any expense or fees caused by the referral to District
shall be the responsibility of the applicant and will be in
addition to any other fee items in this Law.
(2) Development shall reflect the topography and soils of
the site so as to create the least potential for erosion.
Areas of steep slope where high cuts and fills may be
required shall be avoided wherever possible, and natural
contours shall be followed as closely as possible.
Clearing or grading shall generally not occur on slopes in
excess of 25%.
In the design of cut and fill slopes, consideration must be
given to the length and steepness of the slope, the soil
type, upslope drainage area, groundwater conditions, and
other applicable factors. Slopes which are found to be
eroding excessively must be provided with additional
measures until the problem is corrected. Fills shall not
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encroach on area designated as control areas under the
Towns Freshwater Wetlands and Water Courses Law, or the
Staters Freshwater or Tidal Wetlands Laws, or designated as
Critical Environmental Areas and/or Significant Fish and
Wildlife Habitat under the Towns Environmental Quality
Review Law, unless undertaken under an appropriate permit
issued under such regulations.
Development shall preserve salient natural features, keep
cut and fill operations to a minimum and ensure conformity
with topography so as to create the least erosion potential
based upon the Westchester County Best Management Practices
Manuals. Aesthetics and the requirements of continuing
maintenance shall be considered.
(3) Natural vegetation and trees shall be retained and
protected wherever possible. The applicant shall be guided
by the requirements of the Best Management Practices
Manuals and the Town Tree Commission. In the event of a
conflict, the most stringent regulations shall apply.
Disturbed soils shall be stabilized as soon as practicable
and in any event within the time specified in the permit.
Properties adjacent to the site of land disturbance shall
be protected from sediment deposition. Specific timing for
stabilization of denuded areas and soil stockpiles,
sediment trapping measures and waterways and outlets shall
be as follows:
(a) Stabilization of Denuded Areas and Soil Stockpiles.
Adequate barriers to prevent erosion/siltation shall
be applied at the end of each day. Permanent or
temporary soil stabilization must be applied to
denuded area within two (2) days after final grade is
reached on any portion of the site. Soil
stabilization must also be applied within two (2) days
to denuded areas which may not be at final grade but
may remain dormant (undisturbed) for longer than two
(2) weeks.
Soil stabilization refers to measures which protect
soil from the erosive forces of raindrop impact and
flowing water and high wind. Applicable practices
include vegetative establishment, mulching, covering
and the early application of gravel base on areas to
be paved.
(b) Timing and Stabilization of Sediment Trapping
Measures
Sediment basins and traps, perimeter dikes, sediment
barriers and other measures intended to trap sediment
on-site must be constructed as a first step in grading
and must be made functional before upslope land
disturbance takes place. Earthen structures such as
dams, dikes, and diversions must be seeded and mulched
within two (2) days of installation and prior to any
first step in the disturbance of upslope land, which
ever comes first.
(c) Stabilization of Waterways and Outlets
All on-site stoxmwater conveyance channels shall be
designed and constructed to withstand the expected
velocity of flow from a 10-year frequency storm
without erosion. Stabilization adequate to prevent
erosion must also be provided at the outlets of all
pipes and paved channels.
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(4) All storm drain inlets operable during construction
shall be protected so that sediment-laden water will not .
enter the conveyance system without first being filtered or
otherwise treated to remove sediment.
(5) Temporary vegetation and/or mulching shall be used to
protect exposed land areas during development. The
applicant shall restore vegetative cover in disturbed areas
as directed by the Town Engineer. The permanent (final)
vegetation and erosion control measures shall both be
installed within the time specified in the permit and in
accordance with the WCEMPM. Permanent vegetation shall not
be considered established until a ground cover is achieved
which, in the opinion of the Town Engineer, is mature
enough to control soil erosion satisfactorily and to
survive severe weather conditions.
(6) Until a disturbed area is stabilized, sediment in the
runoff water shall be trapped by the use of debris basins,
sediment basins, silt traps or similar measures, or as more
specifically may be determined by the Town Engineer in
accordance with the WCBMPM.
(7) Provisions shall be made to prevent surface water from
damaging the out face of excavations or the sloping
surfaces of fills.
(S) All fills shall be compacted to provide stability of
material and to prevent undesirable settlement in
accordance with the WCBMPM.
(9) Fills shall not encroach on natural watercourses or
constructed channels, without proper walls or sheet piling
provided that such walls or sheet piling do not result in
an unacceptable increase in the elevation of the 100-year
flood as described in the Town Flood Damage Prevention
Code.
(10) Fills placed adjacent to or having an impact upon
natural watercourses, constructed channels or floodplain
shall have suitable protection against erosion during
periods of flooding, as determined by the Town Engineer.
(11) stripping of vegetation, regrading or other land
disturbing activity shall be done in such a way as to
m;n;m.ze erosion and dust. Appropriate measures for dust
control shall be exercised in accordance with the WCBMPM.
(12) Construction vehicles shall be kept out of
watercourses to the greatest extent possible. Where
in-channel work is necessary, precautions must be taken,
including the use of rubber wheeled vehicles and geofabric,
to stabilize the work area during construction to minimize
erosion. The channel (including bed and banks) must be
restabilized immediately after in-channel work is completed
in accordance with the WCBMPM. Where a watercourse must be
crossed by construction vehicles regularly during
construction, a temporary stream crossing must be provided
in accordance with the WCBMPM.
(13) Where no acceptable paved access exists for
construction vehicles to enter the site, a stabilized
construction entrance shall be created. This shall consist
of an area 10, x 40, in size, to be paved with 311 of 121
gravel or crushed stone. This construction entrance shall
be placed at an area acceptable to the Town Engineer and
shall be shown on the plans filed with the Building and
Engineering Department.
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(14) All temporary erosion and sediment control measures
shall be disposed of within 30 days after final site
stabilization is achieved or after the temporary measures
are no longer needed, unless otherwise authorized by the
Building Inspector. Trapped sediment and other disturbed
soil areas resulting from the disposition of temporary
measures shall be removed from the site and disposed of in
accordance with pertinent regulations or permanently
stabilized to prevent further erosion and sedimentation.
(15) The construction of underground utility lines
involving installation, maintenance or repair which
disturbs more than 10,000 square feet shall be subject to
the following criteria:
(a) No more than 300 feet of trench are to be opened
at one time unless approval to open a greater length
is granted by the Town Engineer.
(b) Where consistent with safety and space
considerations, excavated material is to be placed on
the uphill side of trenches.
(c) Trench dewatering devices shall discharge in a
manner which will not adversely y affect flowing
streams, drainage systems, or off-site property.
B. If the Town Engineer determines that the proposed method of
controlling erosion and sedimentation are not provided in
accordance with this section, he shall disapprove the
application unless the applicant has, within thirty (30) days of
being advised of the Town Engineers determination, modified the
development proposal so that the requirements of this section
are satisfied. Such submittal shall be considered modifications
under Section 12 A (2) .
C. A copy of the approved erosion and sediment control plan
shall be on file in the Building and Engineering Department and
shall be maintained on site at all times for the duration of the
project and available to the Town Engineer and/or Building
Inspector on request.
Section - 010. CONTENTS OF SURFACE WATER CONTROL AMID EROSION AND
SEDIMENT CONTROL PLANS.
The following information shall be shown on surface water control
and erosion and sediment control plans unless otherwise noted:
A. The name of the development or identifying title. The name,
address, and telephone number of the owner and/or developer of
the site, and the consulting firm retained by the applicant for
preparation of this plan. If the applicant is a corporation, it
must list the name, home address and telephone number of at
least two officers of the applicant.
B. The date, approximate true North point and minimum graphic
scale of one (1) inch equals fifty (50) feet.
C. The proposed site layout including the boundary line and
acreage for the site and existing zoning. A vicinity map that
specifies State and local wetlands. The location of existing
buildings, structures, utilities, water bodies, floodplain,
drainage facilities, vegetative cover, paved areas, watershed
divides and other significant natural or man-made features on
the site and adjacent land within 250 (two-hundred and fifty)
feet of the boundary.
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(1) For a surface water control plan, a schematic layout of
the proposed methods of controlling surface water runoff.
(2) For an erosion and sediment control plan, a schematic
layout of the proposed methods of providing for erosion and
sediment control consistent with Best Management Practices,
including, but not limited to, seeding mixtures and rates,
types of sod, method of seedbed preparation, expected
seeding dates, type and rate of lime and fertilizer
application, and kind, quality and quantity of mulching for
both temporary and permanent negative control measures.
D. Existing and proposed contours of the site and adjacent land
within approximately 250 (two hundred and fifty) feet of the
boundaries drawn at no greater than two-foot contour intervals
and critical spot elevations.
E. For a surface water control plan, surface water control
calculations using TR-55, TR-20 or the Rational Method, or other
method approved by the Town Engineer, unless superseded by a
comprehensive local watershed and/or storm water model and plan.
F. Base flood elevation data using National Geodetic Vertical
Datum.
G. Construction schedule showing the sequencing of the
installation of the required surface water control improvements,
erosion and sediment control devices and other site construction
activities, which shall be supplemented as directed by the Town
Engineer to show required inspections and site inspections
required to be done by the permittee or his agent per Section 14
C.
H. Signature Block language including seal of licensed New York
professional engineer, certification of erosion control
specialist or person(s) with demonstrable educational and
experiential qualifications in the field.
I. For an erosion and sediment control plan:
(1) Existing tree lines, grassy area or unique vegetation.
(2) Identification and boundaries of the different soil
types existing on the site.
(3) The dividing lines and direction of flow for different
drainage areas.
(4) Areas with potentially significant erosion problems.
(5) Areas which are to be cleared and graded or used for
storage.
(6) Any structural practices used that are not referenced
to the Best Management Practices Manuals shall be explained
and illustrated with detail drawings.
Section - 11. CASH BOND AND OTHER MAINTENANCE REQUIREMENTS.
A. A cash bond shall be posted with the Town of Mamaroneck by
the applicant prior to the issuance of a pewit, in an amount
equal to seventy-five percent (75%) of the anticipated cost of
the work covered by the permit, however, not less than five
thousand dollars ($5,000) . The bond shall be released, one year
after completion of the work permitted by said permit, provided
that such work is found to be in accordance with the provisions
of the permit and such other ordinances as may apply and is
completed to the satisfaction of the Town Engineer.
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October 21, 1992
B. By acceptance of the permit, the owners of the property,
their heirs, successors and assignees shall be responsible for
the future maintenance, repair and replacement of all required
surface water, erosion and sediment control facilities to the
satisfaction of the Town Engineer.
C. Slopes which are found to be eroding excessively within one
year of completion of all work must be provided with additional
stabilizing measures until the problem is corrected. Control of
excessive erosion after one year of completion of all work will
require monitoring and extension of the bond for an additional
six-month period. If erosion continues, the Town will take such
measures as necessary to achieve stabilization and charge the
owners of the property, their heirs, successors and assignees.
Section - 12. FEES.
A. Upon the filing of an application for a surface water and/or
erosion and sediment control permit, the following fees shall be
payable except that no fee shall be required when the separate
permit requirement has been waived by the Town Engineer in
accordance with Section 06 E.
(1) Filing fee: Fifty dollars ($50) for improved single
family parcels, one hundred dollars ($100) for all other
residential applications and two hundred and fifty dollars
($250) for all commercial applications.
(2) Fee for Applicant Requested Modification: Fifty dollars
($50) for each modification, provided that no work has
commenced. If work pursuant to the permit has commenced,
the modification fee will be one hundred dollars ($100) per
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modification.
(3) The minimum inspection fee for an improved single
family parcel will be one hundred dollars ($100), one
hundred and fifty dollars ($150) for all other residential
applications and two hundred and fifty dollars ($250) for
all commercial applications. In the event that the
anticipated cost of the work covered by the permit exceeds
$5,000, there shall be, in addition to the minimum fee, an
additional fee of six percent (6%) of the anticipated cost
that exceeds $5,000. This six percent (6%) is not part of
the engineering fee for site plan approval.
(4) If work is commenced prior to the permit being issued,
all fees for the project will be doubled.
B. In the event that an application for the surface water and/or
erosion and sediment control permit is not approved, the
applicant shall not be entitled to a refund of any filing or
modification fee(s) . Inspection fees may be refunded if no work
has commenced.
Section - 13. PENALTIES FOR OFFENSES; OTHER REMEDIES.
A. No certificate of occupancy shall be issued for any structure
covered by this chapter unless the terms and conditions of this
chapter have been complied with to the satisfaction of the Town
Engineer.
B. Violations.
(1) If the Town Engineer determines that there exists a
violation of the terms and conditions of any surface water
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October 21, 1992
and/or erosion control permit issued pursuant to this
chapter, written notification of such violation shall be
given to the permit holder.by posting a copy at the site of
the development and by mailing a copy by mail to the permit
holders last known address.
(2) All such notifications of violations shall contain the
time, place and nature of the violation, the time within
which the violation must be corrected, a statement that the
permit will be suspended or revoked if the permit holder
fails to correct the violation(s) , a statement that the
permit holder may ask for a hearing before the Town
Planning Board if the permit is suspended or revoked and an
explanation of the possible penalties.
(3) If the permit holder appeals the decision of the Town
Engineer to the Planning Board and requests a hearing on
the suspension or revocation of his permit, the Planning
Board upon receipt of an appeal, shall schedule and hold a
public hearing within a reasonable period of time, but not
more than sixty (60) days. At least ten (10) days, notice
of the time and place of such hearing shall be published in
the official Town newspaper. The Planning Board shall
render a decision within thirty (30) days after the
hearing.
Factors to be considered on review shall include, but not
be limited to, the effects of the proposed development
activities on the surface water flow to tributaries and
downstream lands, any comprehensive watershed management
plans, the use of any retention facilities, possible
saturation of fill and unsupported cuts by water- both
natural and work-related, runoff surface waters that
produce erosion and siltation of drainageways, the nature
and type of soil or rock which when disturbed by the
proposed development activities may create earth movement
and produce slopes that cannot be landscaped, and excessive
and unnecessary scarring of the natural landscape through
grading or removal of vegetation.
(4) If the permit holder fails to correct any violation of
the terms and conditions of the permit issued pursuant to
this chapter within the time period specified, or within
thirty (30) days if no time is specified, the Town Engineer
may cause the violation to be corrected. The cost thereof
shall be assessed against the land or property upon which
the violation occurred by the appropriate Town Official.
Such amount shall be an assessment against the land or
property, it shall be levied against the land or property
in such manner as Town taxes are levied and it shall
constitute a lien upon the land or property affected. The
Town can use the posted bond to satisfy such an assessment
or lien; and the permit holder will remain liable for any
amount not satisfied by the bond.
(5) If the owner of the property for which a permit was
issued pursuant to this chapter shall fail to maintain,
repair or replace a required surface water control
improvement within the time specified by the Town Engineer,
after notice as in Section XIX-13 B (1) and (2), but not
more than thirty (30) days, the Town Engineer may cause the
maintenance, repair or replacement to be undertaken. The
cost thereof shall be assessed against the land or
property. Such amount shall be an assessment against the
land or property, it shall be levied against the land or
property in such manner as taxes are levied and it shall
constitute a lien upon the land or property affected.
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October 21, 1992
C. If at any stage of the grading of any development site, the
Town Engineer determines by inspection that the nature of the
site is such that further work authorized by an existing permit
is likely to imperil any property, public way, watercourse, or
drainage structure, it may be required, as a condition of
allowing the work to be done, that such reasonable special
precautions be taken as are considered advisable to avoid the
likelihood of such peril. "Special precautions" may include,
but shall not be limited to, a more level exposed slope,
construction of additional drainage facilities, berms,
terracing, compaction, or cribbing, installation of plant
materials for erosion control, and recommendations of a licensed
New York professional engineer, certified erosion control
specialist or person with demonstrable educational and
experiential qualifications in the field, which may be made
requirements for further work.
D. The Town Engineer shall have the authority to su morily
suspend and/or revoke a permit if there has been a violation of
or deviation from the plan or if there appears to be
unanticipated damage to the site or the surrounding area, and if
in the Town Engineers opinion the immediate protection of the
public health, safety and general welfare demands such summary
action. The permit holder shall be entitled to a hearing by the
Town Planning Board with notice as provided in Section XXX-13 B,
as soon after such summary action as is practicable, but in no
event later than sixty (60) days thereafter.
E. Any person who violates any of the provisions of this chapter
and who has continued the conduct giving rise to such violation
after the written notification pursuant to Section XXX-13 B
herein, shall be liable for a civil penalty of not more than
twenty-five hundred dollars ($2,500) for the first day and an
additional penalty of two thousand dollars ($2,000) for each
additional day during which such violation continues; and shall
also be liable for all costs, including the value of the time of
Town employees, incurred by the Town in prosecuting and
collecting any penalty.
F. The Town of Mamaroneck may maintain an action or proceeding
in a court of competent jurisdiction to compel compliance with
or to restrain by injunction the violation of any provision of
this chapter or the terms and conditions of any permit granted
hereunder.
G. Every surface water and/or erosion and sediment control
permit shall expire and became null and void if the work
authorized by such permit has not begun within ninety (90) days,
or is not completed within one hundred eighty (180) days, except
that the Town Engineer may, if the permittee presents
satisfactory evidence that unusual difficulties have prevented
the start of work or completion of same within the specified
time limits, grant a reasonable extension of time if written
application is made before the expiration date of the permit.
Section - 14. COMPLIANCE
A. The Town Engineer shall make inspections as hereinafter
required and shall either approve that portion of the work
completed or shall notify the permittee wherein the work fails
to comply with the surface water and/or erosion and sediment
control plan as approved. Plans for grading, stripping,
excavating, and filling work bearing the approval of the Town
Engineer shall be maintained at the site during progress of the
work. The permittee shall notify the Building and Engineering
Deparbwmt at least five (5) working days prior to starting the
work allowed under the permit. In order to obtain required
inspections, the permittee shall notify the Town Engineer at
least two (2) working days before the aaMletion of each of the
following:
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October 21, 1992
I. Placement of erosion control measures or devices.
2. Stripping and clearing.
3. Rough grading.
4. Final grading.
5. Final landscaping.
6. Final inspection.
B. If stripping, clearing, grading, and/or landscaping are to be
done in phases or areas, the permittee shall give notice and
request inspection at the completion of each of the above work
phases or areas. If an inspection is not made and notification
of the results given within five (5) business days after notice
is received by the Town from the permittee, the permittee may
continue work at his own risk, without presuming acceptance by
the municipality.
C. The permittee or his agent shall make regular inspections of
all control measures in accordance with the inspection schedule
outlined on the approved erosion and sediment control plan. The
purpose of such inspections will be to determine the condition
and need for replacement or repair of in-place control
measures. All inspections shall be documented in written form
and submitted to the Town Engineer at the time interval
specified in the approved permit.
Section - 15. RIGHT OF ENTRY.
The Town Engineer may enter upon any land or water for the purpose
of making any investigation, inspection, survey or other activity
that they may deem necessary for any of the purposes of this
chapter. If the owner of the property does not consent to such
inspection entry, the appropriate Town Official is empowered to
apply to the Town Court for an Administrative Search Warrant,
permitting such inspection.
Section - 16. CONFLICTS WITH OTHER ORDINANCES; SEVERABILITY.
A. Conflicts. Wherever this chapter is inconsistent with any
other ordinance of the Town of Mamaroneck whichever imposes the
more stringent restrictions shall prevail.
B. Severability. The provisions of this action shall be
severable, and if any clause, sentence, paragraph, .subdivision
or part of this chapter shall be adjudged by any court of
competent jurisdiction to be invalid, such judgment shall not
affect, impair or invalidate the remainder thereof, but shall be
j confined in its operation to the clause, sentence, paragraph,
subdivision or part thereof directly involved in the controversy
in which such judgment shall have been rendered.
PROCLAMATION - League of Women Voters
The Supervisor said that before proceeding with the next public
hearing, she would like to present a proclamation to the League of
Women Voters. She then introduced the President of the Larchmont
League of Women Voters, Anne McAndrews and read the following
Proclamation:
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October 21, 1992
PROCLAMATION
LEAGUE OF WOMEN VOTERS WEEK
WHEREAS, the League of Women Voters is a nonpartisan, volunteer
organization whose purpose is to promote informed and
active participation of citizens in their government; and
WHEREAS, the League of Women Voters performs an important service
to the community by making information available on
election issues, candidates and community concerns, and
by promoting public discusssion of timely political
question;
NOW THEREFORE, BE IT
RESOLVED, that I, Caroline Silverstone, and the members
of the Town Council of the Town of Mamaroneck hereby
proclaim that October 23 through October 30,1992 be
observed as
LEAGUE OF WOMEN VOTERS WEEK
and urge all of our citizens to rededicate themselves
during this week to recognize the leadership of the
League of Women Voters in promoting public awareness of
local government.
IN WMMSS WHEREOF, I have hereunto set my hand and
caused the seal of the Town of Mamaroneck to be affixed
this 21st day of October 1992.
Caroline Silverstone, Supervisor
Mrs. McAndrews thanked the Supervisor and the other Board members
and said that anyone seeking information on the LWV or wishing to
join should contact her.
The regular agenda was then resumed
PUBLIC HEARING - Disposal of Solid Waste - Recyclables
The Supervisor asked for a motion to open the Public Hearing on
establishment of a Local Law regulating the disposal of solid waste
and segregation of recyclable or reusable materials. On motion by
Councilman Ryan, seconded by Councilwoman Price, it was unanimously
RESOLVED, that the Public Hearing
be, and hereby is declared open.
The Town Clerk presented for the record the Affidavits of
Publication and Posting of the Notice of Hearing.
Mr. Altieri explained that this law had been worked on for many
hours, that recycling was mandated now by State Law, and that the
proposed law was being presented to the Board and public this
evening.
The Supervisor asked if anyone wished to speak in favor of the Law.
In Favor
Joseph Mirabella, Town resident, said that he was glad to see this
law be put into effect and questioned the enforcement of the
recycling.
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October 21, 1992
Catherine Cunningham, Larchmont Acres, said that she was also happy
to see recycling become mandated, but questioned why multi-family
units would have to wait to begin the program and for how long.
Ms. Cunningham, and residents with her questioned the policy of
picking up trash in the back of their building, saying that there
had been a pile of junk there for the last six weeks. They also
showed the Board pictures of the items. Mr. Altieri explained that
there were many oversized pieces and that no call was made to
request pickup.
One of the residents told the Board that he had called at least
three times. There then was a discussion on the best way to handle
the problem.
Mr. Altieri replied that multi-family dwellings are scheduled for
collection beginning in April of 1993 and that the reason for the
delay was because there were problems to be worked out with the
locations of pickup and containers to hold recycling materials.
Mr. O,Gorman added his endorsement of the proposed law, but
questioned the delay in enacting it.
Robert Wassman, said that he was enthusiastic about the new law and
was glad to see the Board enact such an ambitious program.
Mr. Edward Ryan, W. Garden Rd, said he was also in favor of the law.
Sandy Tashoff, Town Resident, said that although she was for the
passage of this law, she was against the use of requiring plastic
bags in which to dispose of the materials. She also questioned
whether the Village of Mamaroneck adoption of a law which out
collection of regular garbage down to one day a week was something
that the Town was contemplating. Everyone replied emphatically, no.
Mr. Mirabella said that he was opposed to people putting their
garbage on the curb, which happened constantly, and wanted to know
when enforcement of the law prohibiting placing garbage on the curb
or in the street would be enforced.
Mr. Altieri said that he was trying to work out that problem by
notifying people that they were not allowed to do that.
Mr. & Mrs. Salon, Larchmont Acres, both said that there were
discarded carpeting, mattresses and other debris (they had pictures)
that were in back of their building which had not been picked up for
six weeks. Mr. Altieri questioned than on whether the Town had been
called, to which they replied they had called three times to no
avail.
After further discussion, the Supervisor requested a motion closing
I the hearing. On motion of Councilwoman Price, seconded by
Councilman Ryan, the public hearing was unanimously declared
adjourned.
On motion of Councilman Ryan, seconded by Councilwoman O'Flinn, the
following Local Law was unanimously adopted:
IOC:AL LAW 9 -1992
DISPOSAL OF SOLID WASTE, SOURCE SEPARATION AND
SEGREGATION OF RECYCLABLE OR REUSABLE MATERIALS
BE IT ENACTED by the Town Board of the Town of Mamaroneck as
follows:
WHEREAS, the orderly collection of solid waste serves the public
interest; and
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October 21, 1992
WHEREAS, along with many communities, the Town of Mamaroneck is
faced with increasing difficulty with respect to the disposal of
municipal solid waste due to increased awareness of the
environmental effects of solid waste disposal and the limited
resources available for receipt of solid waste; and
WHEREAS, the State of New York has enacted legislation which will,
as of September 1, 1992, require municipalities to enact ordinances
requiring that solid waste which is left for collection or which is
delivered by the generator of such waste to a solid waste management
facility, be separated into recyclable, reusable or other components
for which economic markets for alternate uses exist, that is, where
the full avoided costs of proper collection, transportation and
disposal of source separated materials are equal to or greater than
the cost of recycling, defined as the cost of collection,
transportation and sale of such materials less the amount received
from the sale of said materials; and
WHEREAS, recycling serves the public interest by reducing solid
waste, bya reducing pollution of the environment and by conserving
natural resources;
NOW THEREFORE, BE IT ENACTED as follows:
Section 1. Purpose
It is the purpose of this local law to promote the orderly
collection of solid waste and the recycling of certain materials
and to comply with Section 120-aa of the General Municipal Law
of the State of New York as enacted in Section 23 of the Solid
Waste Management Act of 1988, Chapter 70 of the 1988 Laws of
New York State.
Section 2. Definitions
The team "Building" means any enclosed structure having a roof
and intended to be used for residential, commercial or
industrial purposes.
The tear "Bulky Metals" means stoves, refrigerators,
dishwashers, dryers, washing machines, air conditioning units,
boilers, freezers, water tanks, lawn mowers, metal window and
door frames, other large metal appliances and any other items as
may be determined from time to time by the commission.
The term "Bulky Waste" means furniture, including but not
limited to beds, mattresses, chairs, tables, rugs and carpets,
wood, windows, linoleum, magazines, books and any other items as
may be determined from time to time by the commission.
The team "Coimnission't means the Larchmont/Mamaroneck Joint
Garbage Disposal Commission, its officers, employees, agents and
successors.
The tenn "Demolition Debris" means concrete, masonry, wood,
plaster, aluminum or other siding materials, wire, asphalt,
ceramics, tiles, sheetrock, stones, bricks, clay pipes, concrete
pipe and other by-product of a new construction activity,
renovation or rebuilding or other modification to a structure,
appurtenances and grounds and any other items as may be
determined from time to time by the Commission.
The tenn1%micipally Collected Solid Waste,' means residential,
commercial and industrial waste that decomposes rapidly and
other waste material routinely produced, (such as food waste,
food remains and containers) , and refuse and residue which are
collected by the Commission or Commission contractors.
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October 21, 1992
The tear Newspaper', means clean, post-consumer newspapers
including inserts. The tern does not include newspaper which
has been used for purposes inconsistent with recycling,
including, but not limited to, the wrapping of putrescible
materials, packaging,. or painting. the Commission may in its
discretion further restrict the character of newspapers included
in the tear ITiewspaper.n
The tern "Person in Chargell means the owner, lessee, or t
occupan
of the building and, in the case of a multiple-occupant
building, the tern shall mean, at the option of the Town of
Mamaroneck, the owner or the party so designated by the owner.
The tern Verson,, means any individual, firm company
association, society, corporation, partnership, or any other
legal entity.
The tear "Recyclables" means such items as may be determined
from time to time by the Commission and may include such items
as paper, newspaper, glass, metals, plastics.
The term "Solid Waste,' means all residential, governmental,
commercial and industrial waste, refuse and residue collected
and disposed of by municipal or private collection.
The tern "Yard Waste" means such materials as shall be
determined from time to time by the commission and may include
such items as brush, tree branches, twigs, grass and shrub
clippings, weeds and leaves.
Section 3. Required Containers and Storage
A. Every person in charge within the Town of Mamaroneck is
hereby required to provide metal or plastic containers
sufficient in number and capacity to store Solid Waste which may
accumulate on such premises and keep all such Solid Waste in
such containers. The containers shall be of such size and type
as may be required from time to time by the Town of Mamaroneck
or the Commission. The Commission may in its sole discretion
permit the use of plastic bags in lieu of metal or plastic
containers. All containers shall be stored in the manner
required by the Town of Mamaroneck or the Commission.
B. Municipally collected Solid Waste shall be placed in water-
tight metal or plastic containers, having a capacity not to
exceed thirty (30) gallons, with tight-fitting metal or plastic
covers. The weight of any such container and its contents shall
not exceed seventy-five (75) pounds. No portion of any such
container shall be located below the surrounding grade level,
except as specifically permitted by the regulations of the
Commission. Material which is not self-contained shall be
placed in suitable containers so as to prevent scattering or if
such material is too large to be placed in containers, then such
materials shall be bundled and securely tied. Such bundles
shall not exceed four (4) feet in length. Any tree branches
included in such bundles shall not exceed six (6) inches in
diameter. No container or bundle shall exceed seventy-five (75)
pounds in weight.
C. The Town of Mamaroneck or the commission may require the use
of specific metal containers, such as dumpsters, by
multiple-family residential, commercial and industrial
buildings. Such containers, as may be required by the Town of
Mamaroneck or the Commission, shall be located in enclosures
which shall screen the containers from view. Such enclosures:
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October 21, 1992
(i) Shall be constructed of stockade fence material
with hinged gates and with latches to hold the gates
closed; and
(ii) may be constructed of other material with the
approval of the Town of Mamaroneck Board of Architectural
Review; and
(iii) shall have a height of the greater of five (5)
feet or twelve (12) inches higher than the containers
which they enclose.
D. Prior to construction of any enclosure, a fence permit must
be obtained from the Building Department of the Town of
Mamaroneck. If the Commission provides collection services for
the Building, the Building Department shall not issue a permit
without obtaining the approval of the Commission.
E. The owner of any Building which, prior to the effective date
of this local law, has an enclosure to house all the containers
which are required to be enclosed hereunder shall not be
required to erect a new enclosure even if the existing enclosure
does not meet all of the specific requirements of the local law
provided that the existing enclosure does screen the containers
from view.
F. Construction of enclosures required hereunder must be
completed by April 15, 1993.
Section 4. Collection Procedures
A. The person in charge shall cause recyclables to be separated
from solid waste.
B. The person in charge shall place all material intended for
collection by the Commission where it will be readily accessible for
collection as follows:
(i) Residential municipally collected solid waste
shall be kept in a single location at the rear or side of
the residence, or in a garage (doors in an open or up
position) . Municipally collected solid waste shall be
set out for collection by 7:00 am.
(ii) Municipally collected solid waste of commercial
and industrial buildings shall be left for collection in
accordance with the regulations of the Commission.
(iii) other material collected by the Commission or the
Town of Mamaroneck shall be placed on the curb (or if no
curb, on the edge of the property adjacent to the paved
area, but not in the streetlor roadway) readily
accessible to the collection vehicle. Such material
shall be set out for collection by 7:00 am. If
collection vehicles are required to enter private
property for collection of material, such entry will be
at the sole risk of the property owner.
(iv) Recyclables shall be placed for collection at
curbside only (or if no curb, on the edge of the street
or roadway, but not in the street or roadway) .
(v) There shall be no collection from residential,
commercial or industrial locations where snow and ice has
not been cleared from access pathways or driveways.
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(vi) No material shall be placed for collection prior to
sundown of the day preceding the scheduled collection.
Section S. Special Requirements for Muliple-Family Residential
Buildings
A. The person in charge of a multiple-family residential
building shall designate a common area.in which solid waste is to be
accumulated.
B. The person in charge of a multiple-family residential
building shall be responsible for the placement of solid waste for
collection in accordance with regulations of the Commission and the
Town of Mamaroneck.
C. The placement of solid waste by a lessee of a
multiple-family residential building in an area other than the
common area designated by the person in charge shall be deemed a
violation of this local law by such lessee and not by the person in
charge, provided that the person in charge shall have properly
designated a common area and shall have given the tenant adequate
notice thereof.
Section 6. Special Requirements for Multiple-Occupant
Commercial and Industrial Buildings.
A. The person in charge of a multiple-occupant commercial or
industrial building shall designate a common area in which solid
waste is to be accumulated.
B. The person in charge of a multiple-occupant commercial or
industrial building shall be responsible for the placement of solid
waste for collection in accordance with regulations of the
Commission and the Town of Mamaroneck.
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C. The placement of solid waste by an occupant of a multiple-
occupant commercial or industrial building in an area other than the
common area designated by the person in charge shall be deemed a
violation of this local law by such occupant and not by the person
in charge, provided that the person in charge shall have properly
designated a common area and shall have given the occupant adequate
notice thereof.
Section 7. Special Requirement for Certain Commercial and
Industrial Buildings
Owners and occupants of commercial and industrial buildings
whose solid waste is not collected and disposed of by the Commission
shall provide for the collection of solid waste and shall also
separate recyclables from other solid waste and provide for the
collection and recycling of the recyclables in accordance with the
rules and regulations of the Commission.
Section 8. Disposal and Recycling of Yard Waste
Yard waste shall be collected and disposed of in accordance with
the rules and regulations of the Commission.
Section 9. Disposal of Bulky Metal
Bulky metals shall be collected and disposed of in accordance
with the rules and regulations of the Commission and the Town of
Mamaroneck.
Section 10. Disposal of Bulky Waste
Bulky Waste shall be collected and disposed of in accordance
with the rules and regulations of the Cmmission and the Town of
Mamaroneck.
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Section 11. Limitations on Collections
The following materials will not be collected:
U) Medical waste material from hospitals, health care
facilities, funeral establishments, and any other
facility, including private residences which house
medical offices.
(ii) Material classified as toxic waste by 6 NYCRR Part
366, The identification and listing of hazardous wastes
pursuant to Article 27, Title 9 of the Environmental
Conservation Law, or any ensuing legislation more
restrictive than currently in force.
(iii) Demolition Debris
Section 12. Prohibitions.
A. Recyclables shall not be placed in containers holding other
solid waste.
B. Materials and objects other than Recyclables shall not be
mixed with recyclables which have been left for collection.
C. Upon placement of solid waste for collection pursuant to the
requirements of this local law, no person other than the person in
charge, or the Commission or its designee (or a private carter with
respect to buildings whose solid waste, or an portion thereof, is
not collected and disposed of by the Commission) shall remove or
disturb such solid waste. Nothing in the preceding sentence shall
limit any prohibitions or responsibilities set forth elsewhere
hereunder.
D. The owners and occupants who are subject to Section 7 shall
not mix recyclables with other solid waste and shall not mix other
materials and objects with recyclables.
Section 20. Applicability
This ordinance shall apply only to part of the Town of
Mamaroneck outside of incorporated villages, and whenever and
wherever the words "Town of Mamaroneck" are used, such words shall
mean the Town of Mamaroneck outside of incorporated villages.
Section 21. Conflicting Laws Superceded
In the event the provisions of this local law and the provisions
of another ordinance or local law are in conflict, this law shall
supercede said conflicting ordinance or local law. This local law
supersedes Chapter 30 of the General Ordinances of the Town of
Mamaroneck enacted on February 17, 1937 and Local Law 1-1990.
Section 22. Severability
Should a court of competent jurisdiction declare any provisions
of this local law invalid, such declaration of invalidity shall not
affect any other provision of this local law.
Section 23. Miscellaneous
A. Nothing in this local law shall be construed to prohibit the
retention of recyclables by and person.
B. Nothing in this local law shall be construed to prohibit any
person from dropping off recyclables at a recycling facility
designated by the Commission.
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October 21, 1992
C. Nothing in this local law shall be construed to prohibit any
person from transferring recyclables privately through sale or gift
provided that in no event shall such recyclables be left at the curb
for any private pick-up.
Section 24. When effective
This local law shall become effective immediately upon filing
with the Secretary of State.
BOARD OF FIRE COMMISSIONERS
The meeting was called to order by Commissioner Silverstone at 9:30
pm in the Court Room.
Present were the following members of the Commission:
Commissioner Caroline Silverstone
Commissioner Elaine Price
Commissioner Kathleen Tracy O,Flinn
Commissioner Paul A. Ryan
1. Fire Claims
Commissioner O'Flinn presented fire claims for authorization of
payment and upon her motion, seconded by Commissioner Price, 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 Comptrollers
office:
Anthony's Delicatessen $ 620.00
Cleaning Systems & Supply Co., Inc. 68.10
R. G. Brewer, Inc. 35.02
Dri-Chem Extinguisher Co. 541.85
Dri-Chem Extinguisher Co. 66.00
ESCO 31.50
Excelsior Garage & Machine Works, Inc. 290.69
Excelsior Garage & Machine Works, Inc. 144.50
Lawrence Heat & Power Corp. 173.56
National Standby Repair, Inc. 207.42
Rad Oil Co., Inc. 374.25
Rye Beverage Mart 372.48
State Insurance Fund 3,550.00
State Line Fire & Safety, Inc. 163.75
T.L.C. 200.00
Town Of Mam1k Prof. Fire Fighters Assoc. 110.04
Tri-City Auto Parts 58.86
Village Paint Supply, Inc. $ 12.02
$ 6,800.04
2. New Fire Truck
Fire Chief Santoro invited everyone to the Fire House on November 7th
to participate in the wetdown ceremonies for the new fire truck.
There being no further business to cane before the Commission, on
motion of Commissioner Ryan, seconded by Commission O,Flinn, the
meeting was adjourned at 9:40 pn.
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October 21, 1992
AFFAIRS OF THE TOWN
1. Set Public Hearing - No Parking Forest Avenue
The Administrator explained that the Traffic Committee had inquiries
from residents that lived on Forest Avenue, between Murray Avenue and
Weaver Street, requesting a prohibition on parking along that area.
He informed the Board that the residents felt that with the new
playground that had been installed at Murray Avenue there was an
increase in traffic and parking along Forest Avenue. He stated that
in addition to the recommendation by the Traffic Committee, this was
also an area of concern of the Town Fire Department because
accessibility of fire apparatus was restricted by the parking.
After discussion by the Board members, on motion of Councilwoman
Price, seconded by Councilman Ryan, it was unanimously
RESOLVED, that the Board does hereby set
November 18, 1992 as the date for the
Public Hearing on the prohibition of
parking on Forest Avenue between Murray
and Weaver street; and
BE IT FURTHER
RESOLVED, that the Town Clerk be and she
hereby is authorized to publish in an
official newspaper of the Town, Notice of
said Hearing as required by law.
2. Acceptance - Supplemental Environmental Impact Statement (SEIS)
The Supervisor stated that Ferrandino and Associates had completed
the Supplemental Environmental Impact Statement on the Country Club
Study and that the Board would have to now either accept or not
accept the document.
Mr. Silverberg explained that acceptance simply means that the Board
accepts that the document covered all those items that the Board
asked the consultant to cover in the document, and that there would
still be an opportunity for a public hearing as well as a public
comment period, which will enable the Board to get the publics views
on this subject as to whether or not everything that needs to be
addressed has been addressed.
Supervisor Silverstone explained that the Board had reviewed and made
changes to a draft of the SEIS, which had been made, and she now
asked if the Board had any further comments.
Councilwoman O'Flinn said that she would accept it subject to the
comments she had made earlier to Mr. Ferrandino and the Board.
Councilwoman Price noted that there was a question on a report that
needed to be clarified and that Mr. Ferrandino would be providing
that information.
On motion of Councilwoman Price, seconded by Councilwoman O'Flinn, it
was unanimously
RESOLVED, that this Board accepts the
Supplemental Environmental Impact
Statement on the Country Clubs as
complete conditional on the clarification
in the report as outlined; and
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October 21, 1992
BE IT FURTHER,
RESOLVED, that the Town Board does hereby
set December 9, 1992 as the Date for the
Public Hearing on the Supplemental
Environmental Impact Statement; and
BE IT FURTHER,
RESOLVED, that the Town Board hereby sets
the date of December 21, 1992 as the last
date for written comment on the
Supplemental Environmental Impact
Statement; and
BE IT FURTHER,
RESOLVED, that the Town Clerk be and she
hereby is authorized to publish in an
official newspaper of the Town, Notice of
said Hearing as required by law.
The Supervisor said that the SEIS would be available in the
Libraries, and that there will be four copies in the Town Clerks
office for lending, as well as copies available for purchase at cost.
3. Submission of the 1993 Tentative Budget
Mr. Altieri said that submitted for review by the Town Board is the
Tentative Budget for the fiscal year commencing on January 1, 1993.
He explained that this version of the budget consists of proposed
expenditures submitted by staff for fiscal 1993. He continued noting
that the Board would review and make changes to the Tentative Budget
over the next six weeks, holding public work sessions and that on
December 2nd a public hearing would be held to discuss the final
figures.
He then gave an overview of the budget, saying that there would be a
total appropriation of $15,088,045, representing an increase of
approximately $596,000 over the 1992 fiscal year, with a total tax
levy of $11,156,855. He said that the tax rate for the town-wide
budget, which affects the two villages will be $13.10 per thousand
dollars assessed value, the unincorporated area rate is $135.70 per
thousand assessed valuation.
The Supervisor expressed her appreciation for the work that had gone
into the budget and noted that the document was being submitted nine
days ahead of the required date for submission She stated that the
tentative increases are more than the Board was happy with, and that
the Board would be working diligently to reduce the rate, inviting
everyone to attend the work sessions, the schedule of which can be
gotten from the Town Clerk.
Councilwoman Price and Supervisor Silverstone both then said that the
Budget Committee would be asked for their input, but that they were
working on issues of. long-range planning. There was then a
discussion regarding the budget work sessions.
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October 21, 1992
4. Report - 1991 Equalization Rate Appeal
Mr. Altieri informed the Board that he had received a c;aanm nication
from John Watkins, who had represented the Town in its of the
ep appeal
1991 Equalization Rate set by New York State, stating that the appeal
was successful. The Administrator said that the equalization rate
for 1991 was increased from 4.5% to 5.1, the 11.3% increase in the
equalization rate resulted in increases in the special franchise
assessment and a better apportionment of County taxes, which results
in a lower tax bill for County taxes for the Town.
The Supervisor stated that the residents would be seeing a modest
decrease in their County tax bills, but that the Town would have to
challenge the rate again this year, paying out sizable dollars to
mount a challenge with the benefits accruing to the individual
taxpayers-
5. Authorization - Hoimmocks Ice Rink Agreement/School District
The Administrator explained that about three years ago, the Town had
indicated to the School District that there would have to be an
arrangement for payment by the school for their use of the ice rink.
He said that the agreement tonight before the Board had three main
changes to it, the first being that although the school would
continue to receive 50 hours of free skate time, it will now be for
morning use in connection with the elementary school physical fitness
program only; if the school district fails to notify the Town 48
hours in advance of cancellation of scheduled time, the district
shall be required to pay .for that scheduled time; counsel has
redrafted insurance provisions and included a hold harmless clause to
provide further protection to the Town in the event of a claim. He
noted that this agreement would be for a period of three years, and
he recommended that the Board authorize the agreement.
On motion of Councilman Ryan, seconded by Councilwoman Price, it was
unanimously
RESOLVED, that the Board does hereby
authorize the Town Administrator to enter
into an agreement with the Mamaroneck
School District for use of the Hammocks
Ice Rink.
6. Authorization for Lease Extension - Snyder General Corporation
The Administrator explained that he was requesting authorization to
extend the lease for Snyder General, a tenant on the third floor of
the Town center. He said that they were in need of additional space,
including dock space, since the Town could not provide it, they
wished to extend their lease with the Town until they can relocate.
The Administrator said that the extension was from November 1st to
December 31, 1992.
RESOLVED, that the Board does hereby
authorize the Town Administrator to enter
into a lease extension agreement with
Snyder General Corporation, such
extension to be from November 1 to
December 31, 1992.
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October 21, 1992
7. Resolution Bonding of Highway Equipment
Mr. Altieri infonned the Board that before them was a copy of a bond
resolution authorizing the issuance of $130,000 for the purchase of
highway equipment. He noted that the Board had previously authorized
the purchase of a 35,000 pound dump truck, a 4 ton truck as well as a
letter making machine for our sign making operation.
There then followed a discussion regarding why it was not necessary
to list the items to be purchased in the Bond Resolution and that it
would be necessary to change the wording "public works" to IqUghway
Depardnent. On motion of Councilwoman Price, seconded by
Councilwoman OIFlinn,
Paste in pages
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October 21, 1992
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October 21, 1992
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October 21, 1992
8. Authorization - Comimnity Development Block Grant Agreement
The Administrator explained that this was the second agreement to be
Presented to the Board regarding the Block Grant awarded to the Town
for affordable housing. He said that this agreement would authorize
funding for the site survey, removal of asbestos, installation of a
construction fence and demolition of the building, and that the
agreement was reviewed and approved by counsel. He also said that
the total amount of this agreement is $168,000, which is Contract
C-67-91-898, and that the Town Administrator be authorized to
executed said agreement.
After discussion, on motion of Councilwoman O,Flinn", seconded by
Councilman Ryan, it was unanimously
RESOLVED, that the Board does hereby
authorize the Town Administrator to enter
into an agreement with the County of
Westchester for Community Development
Block Grant funds in the amount of
$168,000, said contract known as
C-67-91-898.
9. Authorization - Establish Capital Project 92-8
The Administrator requested that the Board establish Capital Project
92-8 entitled Iliommbocks Park Apartments Canmmity Development Block
Grant." He explained that the project would be established in the
amount of $278,000, which would cover the total amount of the first,
second and third contracts, and that the memo sets forth the account
numbers, which have been established by the Couptroller for both the
revenue and appropriation expense.
After discussion, on motion of Councilwoman Price, seconded by
Councilman Ryan, it was unanimously
RESOLVED, that the Town Board does hereby
authorize the Comptroller to establish
Capital Project 92-8 entitled "Hommocks
Park Apartments - Community Development
Block Grant in the amount of $278,000,
account no. H-8989-1 is to be the
appropriation account, and account H4997
is the revenue account.
10. Resolution - Housing Implementation Fund Grant
It was decided to hold this item over to another meeting.
11. Report of Bids - Sidewalk Repair
The Administrator recommended that the contract for replacement of
sidewalks be awarded to ESBE Contractors, who had submitted the
lowest bid of $34,050. He informed the Board that the contract
called for the replacement of 8,100 square feet of sidewalk and curb,
with the primary areas to be repaired being on Lansdowne Drive and
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Clover Street.
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October 21, 1992
After a few questions on timing of repairs, on motion of Councilwoman
Price, seconded by Councilwoman O'Flinn, it was unanimously
RESOLVED, that the Town Board does hereby
accept the Bid from ESBE Contracting
Corporation, in the amount of $34,050 to
repair sidewalks and curbs under contract
TA-92-5; and
BE IT FURTHER
RESOLVED, that the Board does hereby
authorize the Town Administrator to enter
into agreement with ESBE Contracting
Corporation for contract TA--92-5.
12. Authorization - Retainer Agreement - General Counsel
Mr. Altieri stated that this agreement was a renewal of a retainer
for General Counsel to the Town, Steve Silverberg, as well as for him
to serve as Counsel to the Planning Board and Zoning Board. He
reported that the agreement listed all items to be covered by
Counsel, excluding certain items that have been spelled out in the
agreement. On motion of Councilwoman Price, seconded by Councilman
Ryan, it was unanimously
RESOLVED, that the Town Board does hereby
authorize the Town Administrator to
execute the retainer agreement with
Steven M. Silverberg, to serve as General
Counsel to the Town; and
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BE IT FURTHER
RESOLVED, that the annual retainer for
the firm shall be $57,000.00 for all
general matters, as outlined in the
agreement, payable bi-weekly, and
BE IT FURTHER
RESOLVED, that the firm be paid
$21,600.00 annually for his services to
the Zoning and Planning Boards, payable
on the last Friday of each month for that
month; and
BE IT FURTHER
RESOLVED, that in the event that either
the Planning or Zoning Boards should meet
more than once a month that there shall
be an additional fee of $250.00 per
meeting that his firm is requested to
attend; and
BE IT FURTHER
RESOLVED, that should there be matters
not covered by the retainer for which
either Steven Silverberg or John
Kirkpatrick are requested to provide
services, the fee shall be $145.00 per
! hour and if it is Nancy Rudolph or other
associates shall be $700.00 per hour.
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October 21, 1992
13. Salary Authorizations - Recreation
The Administrator stated that the salary authorizations are being
requested by the Superintendent of Recreation.
On motion by Councilman Ryan, seconded by Councilwoman OtFlinn, it
was unanimously
RESOLVED, that as provided for in
the 1992 Town Budget, authorization
is hereby granted for payment of
salaries to the following:
Raymond Yang, Swim Team Coach, $5,000.00 for Season
effective 10/8/92
Susan Geclan, Recreation Assistant, Women's Fitness, $30/session
effective retroactive to 10/8/92.
James Codispoti, Alternate Recreation Leader, Men's Basketball
$55/session, effective 10/19/92
Kevin Heckman, First Aid Attendant, Hamnocks Park Ice Rink
$7/hour, effective retroactive to 10/10/92
Stephanie Zalewski, First Aid Attendant, Hammocks Park Ice Rink
effective retroactive to 10/10/92
Wendy Oestreicher, Skate Guard, Hammocks Park Ice Rink, $6/hour
effective retroactive to 10/10/92
Ann Marie Neto, change from Junior to Senior Skating Instructor
$30/hour.
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APPROVAL OF MINUTES - August 19, 1992 - Regular Meeting
- September 23, 1992 - Regular Meeting
The Minutes of the Regular Meetings of August 19, 1992, and those of
September 23, 1992 were approved as amended.
'DOWN CLERK
Reports
The Town Clerk presented the Report of the Building & Plumbing
Department as well as the Report of the Office of the Town Clerk for
the month of September 1992.
REPORTS OF THE COUNCIL
Councilwoman Price reported that the BAR had its first meeting, which
went very well, and will be meeting again tomorrow night.
Supervisor Silverstone reported that the urban renewal questions
concerning the affordable housing has been forwarded to the Planning
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October 21, 1992
Board and they, at.their meeting, have scheduled a Public Hearing on
that issue for March 13th. She also reported that there is one more
meeting scheduled to do strategic planning, which will be held on
Saturday, March 2nd from 1:00 to 4:00 p.m.
ADJOURN
There being no further business to come before the Board, on motion
by Councilman Ryan, seconded by Councilwoman Price, the meeting was
unanimously declared adjourned into Executive Session to finish
discussion of the proposed contract with a possible daycare provider
for the Monroe Nursery School situation.
Patricia A. DiCioccio
Town Clerk
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October 21, 1992
NIIN[)TES OF A WORK SESSION OF THE
TOWN BOARD OF THE TOWN OF MMMNECK
HELD ON THE 21ST DAY OF OCTOBER 1992
IN COM31ENCE ROOM A OF THE TOWN
CENTER, 740 W. BOSTON POST ROAD,
IRONECK, NEW YORK
CONVENE WORK SESSION
The meeting was called to order by Supervisor Silverstone at 7:00 par
in Conference Roan A of the Town Center.
PRESENT: Caroline Silverstone, Supervisor
Elaine Price, Councilwoman
John McGarr, Councilman
Kathleen Tracy O'Flinn, Councilman
Paul A. Ryan, Councilman
Patricia Dicioccio, Town Clerk
Stephen Altieri, Town Administrator
Steven Silverberg, Counsel to the Town
CONVENE WORK SESSION
The work session of the Town Board was called to order by Supervisor
Caroline Silverstone at 7:00 pm in Conference Rom A of the Town
Center.
HcmTK cks Pool
Mr. Altieri informed the Board that the Honmiocks Pool closing had an
adverse effect on the recreation revenues and it appeared that the
pool was going to be closed for some time to come, thus affecting
the winter revenues as well. He said the target date for the
opening of the pool is February. They then discussed the salaries
of the swim coach and other swim personnel.
Bridges
The Supervisor stated that there had been a great deal of discussion
lately with the Village of Mamaroneck regarding the responsibility
for maintenance of bridges in the Village and that the Village of
Mamaroneck Fire Chief is insisting that the Center Avenue Bridge be
opened for safety reasons. She explained that the Village also was
requesting that the Waverly Avenue bridge be rebuilt and insisting
that the law states that this is a Town responsibility. Supervisor
Silverstone requested Mr. Silverberg give a history of the dispute
to the other Board members.
Mr. Silverberg stated that according to New York State Law, towns
are obligated to maintain bridges within the town including those
bridges located in villages. He explained that historically the
Town never took on that obligation, the issue was raised by the
Village and ignored by the Town. I have memo dated September 26,
1984 which indicates that Village law provides that construction and
repair is a Town expense and under the control of the Superintendent
of Highways. Mr. Silverberg noted that he had conducted
negotiations with Village and we had taken the position that they
assume control of the bridges. He indicated that case law states
that for the Village to take control there has to be some
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October 21, 1992
Work Session
affirmative act by the Village that says they are taking control of
the bridge. We have taken the position that action such as closure
of the Center Avenue bridge by a resolution of the Village Board is
an affirmative act by the Village and therefore the bridge becomes
their responsibility.
Mr. Silverberg said that there was a meeting between myself, the
Village Attorney and the Administrator in August of 1990 at which
point a compromise was discussed. He explained that we discussed
the possibility of the Town taking over the cost of the structure
repair and that the Village take on day to day maintenance, but we
indicated that we would have to have an engineering study done first
to determine the status of the bridges as well as the possible cost
in the future. Mr. Silverberg then said that he had a letter which
was sent to Mr. Noletti, Village Attorney confirming this
discussion, indicating that Board had some interest in pursuing this
arrangement, and that was the last he had heard of this matter.
Supervisor Silverstone stated that Councilman Ryan had asked the
Village Clerk to send us a copy of minutes from Board meetings where
Trustee Toni Ryan remembered having discussed this problem. The
Supervisor said that there were discussions on rebuilding, fixing,
maintenance and that the Town is not mentioned in one discussion.
Councilwoman Price stated that State officially has the village
listed as owner of the bridges, and the only time we received any
notice of a problem was when the Center Avenue Bridge came under
scrutiny.
Councilman Ryan informed the Board that he would be attending the
next meeting of the Village Board and asked if they wished him to
speak on this matter. After some discussion it was decided not to
take any position until there could be further negotiations with the
Village. Further discussion followed on the Waverly Avenue bridge.
Councilman McGarr was called away from the meeting at this point
because of an emergency at home.
1991 Equalization Rate Appeal
Mr. Altieri told the Board that he had received a letter from Mr.
Watkins, who represented the Town in the appeal of the 1991
Equalization Rate. The Adminstrator said that Mr. Watkins letter
indicates that the appeal was successful in getting the rate raised
from 4.5% to 5.01% and that the 11.3% increase in the equalization
rate resulted in the special franchise assessment and a better
apportionment of County taxes.
Mr. Altieri explained that the he was awaiting from the County the
estimated impact of the 1991 equalization rate increase on the tax
apportionment which will occur in the spring of 1993.
Mr. Altieri said that Mr. Watkins was available to file a appeal for
us for the coming year at an increase of $10,000 in his fee. There
was then a discussion on whether it could be done utilyzing in-house
staff.
ADJOURN
The Board adjourned the Work Session at 8:05 pan.
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