Loading...
HomeMy WebLinkAbout1990_05_16 Town Board Regular Minutes 296 MINUTES OF THE REGULAR MEETING OF THE 'DOWN BOARD AMID BOARD OF FIRE CORffSSIONERS OF THE TOWN OF MNMRONSCK, HELD ON THE 16TH DAY OF MAY 1990 IN THE COURT ROOM OF THE TOWN CENTER, 740 WEST BOSTON POST ROAD, Mmmmm' NEW YORK CONVENE REGULAR MEETING The Regular Meeting of the Town Board was called to order by Supervisor Silverstone at 7:00 p.m., at which time the Board recessed into Executive Session. The Executive Session held in Conference Room A to discuss matters of Real Estate was, on motion duly made and seconded, unanimously declared adjourned into a Work Session at 7:40 p.m. The Work Session held in Conference Room A to discuss strategic planning and zoning amendments was, on motion duly made and seconded, unanimously declared adjourned at 8:15 p.m. RECONVENE REGULAR MEETING The Regular Meeting of the Town Board was called to order by Supervisor Silverstone at 8:25 p.m. Present were the following members of the Board: Supervisor Caroline Silverstone Councilman Stephen Chapin Councilwoman Elaine Price Councilman John McGarr Councilwoman Kathleen Tracy O'Flinn Also present were: Patricia A. DiCioccio, Town Clerk Stephen V. Altieri, Town Administrator Paulette Gabbriellini, Assistant to the Town Administrator Steven V. Silverberg, Counsel to the Town William McDermott, Fire Chief CALL TO ATTENTION Supervisor Silverstone pointed out to those assembled the locations of exits as required by law for public gatherings. 297 May 16, 1990 PRESENTATION - Human Rights Commission Awards The Supervisor called upon the Chairwoman of the Human Rights Commission, Cora Rust, who announced that representatives from the Human Rights Commissions of all three municipalities were present. She spoke briefly on the awards that had been presented for the first time this January to an organization and an individual that best exemplified the ideals of Dr. Martin Luther King. She introduced the individual, Mary McDonald and the Chairperson for the organization, Dr. Griffin of People Together For The Homeless, giving a brief description of what each has accomplished. She also announced that the awards were made possible by the generosity of Peter Fousek,s family, noting Mrs. Fousek's presence, and explaining her request that the Town set up a trust in her husbands name with an annual celebration honoring Dr. King and granting awards to those exeanplifiying his beliefs. Mrs. Rust concluded by presenting a plaque to be mounted by the Town, with the names of each honoree to be added throughout the years. PUBLIC HEARING - Limited Development Moratorium Law The Supervisor called upon Town Counsel, Steve Silverberg, to explain the law, after which she asked for a motion to open the Public Hearing. On motion by Councilwoman Price, seconded by Councilman McGarr, it was unanimously RESOLVED, that the Public Hearing be, and it hereby is declared open. The Town Clerk presented for the record the Affidavits of Publication and Posting of the Notice of Hearing. The Supervisor then asked if anyone wished to speak in favor of the proposed moratorium law. Richard Young of the Bonnie Briar Civic Assocation spoke in favor. Supervisor Silverstone informed everyone that at the June 6th Regular Town Board Meeting, there will be a scoping session concerning the environmental studies to be done, with everyone invited to discuss the items they feel should be included in the study. Robert Funicello spoke in favor and support of the law, on behalf of the Bonnie Briar Country Club. Judy O'Gorman, President of the Larchmont League of Women Voters then read the following letter froan the League: The Larchmont League of Women Voters commends Town Council for exhibiting the initiative to consider a development moratorium. We heartily support the Town Councils foresight and vision, anticipating planning for change. We believe the thoroughness which the moratorium will give town government the opportunity to pursue is invaluable. We in the League believe that the possibility to residential development is a real threat to an environmentally sensitive area. The Bonnie Briar acreage particularly is conservationally important as open space, both as a watershed for the Sheldrake River whose floods affect parts of Mamaroneck Town and Village, and as a critical wildlife habitat. Moreover, extensive additional residential development will have a direct impact on TRAFFIC, PARKING, SCHOOLS, AMID TOWN SERVICES. Please take the once in a lifetime opportunity and move not just for a temporary moratorium but for a permanent solution to preserving the last remaining open space. Thank You- 2 May 16, 1990 299 Supervisor Silverstone then asked if anyone wished to speak in opposition to the proposed moratorium law. No one wished to speak in opposition. The Supervisor asked if any of the Board members wished to comment. Councilwoman O'Flinn spoke in full support, as did councilwoman Price. The Supervisor noted that this was the first public opportunity in a very formal process, and that there will be at least five or, six other public hearings before the Town Board or Planning Board, during which people will be invited to speak or give opinions, and a full year before the environmental review is complete. Councilman McGarr invited the audience to please return and participate in the additional hearings during the course of the year. At this time the Supervisor asked for a motion to close the Public Hearing and on motion by Councilwoman Price, seconded by Councilman Chapin, the Public Hearing was unanimously declared closed. Thereafter on motion by Councilwoman Price, seconded by Councilman Chapin, it was unanimously RESOLVED, that the Town of Mamaroneck hereby declares itself as lead agency; and further moves that it has determined that the proposed action will not have a significant impact on the environment and, consequently, a draft environmental impact statement will not be prepared for the purposes of declaring a moratorium for the following reasons: 1. The proposed local law will maintain the status quo pending a full review of the zoning of the properties in question which will include a full environmental review of potential impact related to any change in the zoning; 2. The limited nature of the moratorium should have no adverse environmental impact; 3. The fact that a full review shall be conducted of any proposals for changes in the zoning of the properties in question will allow for the review of impact once a proposal is made. '.At this time, on motion by Councilwoanan Price, seconded by Councilman ;'McGarr, the following resolution was unanimously adopted: LIMITED DEVELOPMENT MORATORIUM BE IT ENACTED by the Town Board of the Town of Mamaroneck as follows: 1. This local law shall be known and cited as the Limited Development Moratorium of the Town of Mamaroneck 3 May 16, 1990 299 —- --- `lJ 2. Purpose and Intent The Town Board is cognizant of the concern within the community of the need for maintaining existing open space and recreational facilities within the Town of Mamaroneck. The Town Board is likewise concerned with the potential for development on the last remaining large areas of open space within the Town and the impacts of any such development upon the community at large with reference to the diminution of the important resource that open space in and of itself constitutes, the potential impacts upon community services, traffic, drainage and flooding in flood-prone areas. The Town Board has undertaken a review of these existing open spaces and finds that three such areas are of critical significance to the Town. As a result the Town Board has begun the process of studying the zoning on those properties and intends to move forward with proposals for the zoning of said properties which may ultimately limit the degree of development permitted on such properties. This would act to preserve the open space and recreational facilities that these properties represent as well as limiting adverse impacts upon the environment and community services. It is expected that such a process will take approximately one year to complete, and the Town finds that appropriate measures must be taken for a reasonable interim period to protect the public interest by preserving the integrity of any changes in the Zoning Ordinance or other ordinances which might be implemented through such a study. The Town Board also finds that any significant development in the areas to be designated by this local law where changes may be recommended in the existing Zoning Ordinance or other ordinances may destroy the integrity of the proposals and therefore their basic ipurposes, comprehensive aspects and intentions. The Town Board therefore intends to protect the study which it is i commencing until after its completion of such study and possible changes in order to preserve the intended objective of the study and ensure implementation by adopting reasonable protective interim regulations during the preparation and consideration of amendments to the Zoning Ordinance and the study of such amendments to the Zoning Ordinance and any other related land use regulations. It is further the intention of the Town Board to protect the public interest and welfare and prevent premature land development which could prejudice the integrity and objectives of such study or result in the establishment of land use patterns which might be inconsistent with and in violation of the intent and findings of such study and the implementation of recommendations resulting from such study. 3. This local law shall apply to the following properties which constitute in the aggregate the largest total open space presently existing within the Town as designated on the Tax Assessment Map of the Town of Mamaroneck as Section 2 Block 201 Lot 19, Block 224 Lot 1000, Block 225 Lot 1; Section 3 Block 344 Lot 99, Block 347 Lot 1; and Section 4 Block 414 Lot 20. 4. Scope of Controls A. During the effective period of this law: 1) The Planning Board shall not grant any preliminary or final approval to a subdivision plat, site plan or any special permit unless a completed application is currently pending before the Planning Board on the effective date of this local law. 4 301) May 16, 1990 2) The Zoning Board of Appeals shall not grant any variance or special permit for any uses, unless a completed application is currently pending before the Zoning Board of Appeals on the effective date of this local law. 3) If a completed application is presently pending before the Planning Board or the Zoning Board of Appeals prior to the effective date of this local law, the applicant will not be affected by this local law with respect to any other necessary applications and approvals for this same project. B. The foregoing restrictions shall not apply to the following: 1) Applications for additions or alterations of existing structures including applications for variances and/or approvals for modifications for existing structures. 2) Certificates of Occupancy for any and all construction made pursuant to Building Permits issued prior to the effective date of this local law. 3) Building Permits and Certificates of Occupancy for structures on lots within subdivision plats which have received final approval as defined by the laws and ordinances of the Town of Mamaroneck and which have also been filed in the Office of the County Clerk of Westchester County or are otherwise legal building lots because such lots predate the requirement of subdivision and do not require any approvals from the Planning Board or Zoning Board of Appeals as of the effective date of this local law. C. The Town Board reserves the right to direct the Building Inspector to revoke or rescind any Building Permits or Certificates of Occupancy issued in violation of this local law. 5. No consideration of new applications: No applications for construction affected by this local law or for approvals for site plan subdivision, variance or special permit shall be considered by any board or agency of the Town of Mamaroneck while I, this local law is in effect. Nothing in this local law shall preclude an applicant for such proposed construction from having a maximum of two informal conferences with an appropriate board or agency while this local law is in effect. 6. Term This local law shall be in effect for the period of one year from the date of its effective date. 7. Penalties Any person, firm or corporation that shall construct, erect, enlarge or alter any building or structures, in violation of the provisions of this local law or shall otherwise violate any of the provisions of this local law shall be subject to: \ A. Such penalties as may otherwise be provided by the laws, rules and regulations of the Town of Mamaroneck for violations; and B. Injunctive relief in favor of the Town of Mamaroneck to cease any and all such actions which conflict with this local law and, if necessary, to remove any construction which may have taken place in violation of this local law.. 5 30 1. May 16, 1990 8. Validity The invalidity of any provision of this local law shall not effect the validity of any other portion of this local law which can be given effect without such invalid provision. 9. Superseding other laws A. All laws, ordinances, rules and regulations of the Town of Mamaroneck are modified and superseded by this local law with respect to their application to the properties designated under this local law for the term of this local law. B. This local law shall modify and supercede, with respect to the properties covered by this local law and for the term of this local law, the following provisions of the Town Law of the State of New York: Section 267 Subdivisions 2, 3 , 4 and 5; §274-a Subdivisions 1 and 2; §276 Subdivisions 3, 4, 5, 6 and 7. 10. Hardship A. Should any owner of property affected by this local law suffer an unnecessary hardship in the way of carrying out the strict letter of this local law then the owner of said property may apply to the Town Board in writing for a variation from strict compliance with this local law upon submission of proof of such unnecessary hardship. For the purposes of this local law unnecessary hardship shall not be the mere delay in being permitted to make an application for a variance, special permit, site P lan or subdivision during the pendency of this local law. B. Procedure. Upon submission of a written application to the Town Clerk by the property owner seeking a variation of this local law, the Town Board shall within thirty days of receipt of said application schedule a Public Hearing on said application upon five days written notice in the Official Newspaper of the Town. At said Public Hearing the property owner and any other parties wishing to present evidence with regard to the application shall have an opportunity to be heard, and the Town Board shall within thirty days of the close of said Public Hearing render its decision either granting or denying the application for a variation from the strict requirements of this local law. if the Town Board determines that a property owner will suffer an unnecessary hardship if this local law is strictly applied to a particular property, then the Town Board shall vary the application of this local law to the minimum extent necessary to provide the property owner relief from strict compliance with this local law. C. Any party aggrieved by the determination of the Town Board on an application for a variation from the strict compliance with this local law may appeal said decision to the Supreme Court, State of New York, Westchester County pursuant to Article 78 of the Civil Practice Law and Rules within thirty days of the filing of said decision in the Office of the Town Clerk. 10. Effective Date This local law shall,take effect immediately. i 6 May 16, 1990 302 The question of the adoption of the foregoing resolution was duly put to a vote on roll call, which resulted as follows: Caroline Silverstone VOTING aye Stephen Chapin Varn G aye Elaine Price VOTING aye John McGarr VOTING aye Kathleen Tracy O"Flinn VOTING aye The resolution was thereupon declared duly adopted. BOARD OF FIRE COMMISSIONERS The Meeting was called to order by Commissioner Silverstone at 8:50 p.m. in the Court Room. Present were the following members of the Commission: Commissioner Caroline Silverstone commissioner Stephen Chapin Commissioner Elaine Price Commissioner John McGarr Commissioner Kathleen Tracy O,Flinn 1. Commissioner Chapin presented fire claims for authorization of payment and on his motion, seconded by Commissioner O'Flinn, it was unanimously RESOLVED, that this Commission hereby authorizes payment of the following Fire Department claims as approved by the Fire Chief and audited by the Comptroller's Office: John E. Henry $ 722.00 Portronix 247.90 State Line Fire & Safety, Inc. 184.00 Town of Mamaroneck Professional Fire Fighters Assocation 110.04 $1,265.94 There being no other business to came before this Commission, on motion by Commissioner Chapin, seconded by Commissioner Price, the meeting was unanimously declared adjourned at 8:55 p.m. AFFAIRS OF THE TOWN 1. Appointments - None 2. Resolution re: Senior Citizen Tax Exertion On motion by Councilman Chapin, seconded by Councilman McGarr, the Following resolution was unanimously adopted: 3v May 16, 1990 WHMMS, the State Legislature has amended Real Property Tax Law Section 467 changing the income increments for senior citizen tax exemptions, and MU REAS, the Town wishes to adopt said schedule pursuant to the amendments to Section 467 of the Real Property Tax Law, IT IS RESOLVED, that the following sliding scale of income increments is adopted June 1, 1990 for the Town of Mamaroneck: Income from 0 to $12,025........50% Income from 12,026 to 12,624....45% Income from 12,625 to 13,224....40% Income from 13,225 to 13,824....35% Income from 13,825 to 14,424....30% Income from 14,425 to 15,024....25% Income from 15,025 to 15,624....20% ARID, IT IS FURTHER RESOLVED, that said exemption cannot be denied if the applicant reaches the age of 65 after the taxable status date but before the thirty-first day of December of such year provided that the applicant applies for the exertion on or before the taxable-status date. 3. Report of Bids - Street Sweeping Services On motion by Councilwoman Price, seconded by Councilman McGarr, it was unanimously RESOLVED, that this Board hereby awards Contract 'III-90-6 to Three D Industrial Maintenance Corporation of Elmsford, New York, the lowest responsible bidder meeting the specifications for street sweeping services and authorizes the Town Adrm n;strator to execute such. 4. Discussion - Jason Lane Drainage Attorney Robert Funicello, representing owners of five homes located on east Jason Lane and one owner on the northeast corner of Rockland, explained that they had suffered from, flooding due to inadequate surface drainage. A great deal of discussion ensued among the Board, Counsel Steven Silverberg and Mr. Funicello. Arthur Epstein of 6 Jason Lane mentioned that their yards are unusable due to mosquitoes and that, in fact, he has 8 304 May 16, 1990 had to have rat control measures taken on his hoarse. Mr. F'unicello pointed out for the record that all the residents involved were in attendance. Lee Blown noted that in 1979 it was recmmiended that the residents pay for drainage improvement. Councilman Chapin commented that the Town had, at its own expense, called in Malcolm Pirnie to study this problem and it comes down to a question of the Town being asked to use public funds to solve what may be private problems. The matter was tabled until further study could be conducted with regard to this problem and whether it is a responsibility of the Town. 5. Update - Monroe School and Sumer Recreation Programs Paulette Gabbriellini reported that since her last update the Planning Board had approved the Special Use Permit for the Monroe property as required with new ownership. She reported also that the Village of Larchmont has given permission to use the entrance to the Reservoir just south of Monroe as a driveway and to allow day-camp staff to park at the Reservoir near the Water Works pump station. She went on to say that in addition to the Reservoir entrance, parents will be able to drop off and pick up at the driveway next to the house and that staff will check in cm q>ers as they enter the grounds. She added that there will be staggered 10-minute intervals and the use of a school crossing guard for traffic control. Ms. Gabbriellini advised that Beck Builders will shortly begin work on the interior renovation which will be completed by June 22, and will meet the Department of Health code standards as well as most of the Department of Social Services day-care regulations. She stated that paving of the tennis and basketball courts will take place in about two weeks, a fence will be erected to prevent access from the playground to the driveway, and the pool will not be utilized this summer, but will be secured with a safety pool cover. William Zimmermann, Superintendent of Recreation, reported on the work accomplished to date, together with Highway, Building, and the Administrator, which included the clean-up of facility grounds; removal of hazardous equipment; re-grading, topsoil, seeding of the play area; inventory of existing furniture and equipment; order of supplementary materials and supplies due prior to June 22nd. He went on to say that the crushed limestone driveway was complete; building and site plans were submitted for comment to the County Board of Health; hiring of camp director, assistant director and unit leaders has been accomplished, with counselor positions currently being filled. He requested that word be passed for anyone interested in a counselor position to please call him. He concluded by explaining that a written camp safety manual will be submitted to the County Health Department, that orientation is scheduled for June 27th and 28th, and that registration is scheduled for Thursday, May 31st from 7:30 to 9:00 p.m. at the Hoammocks Park Ice Rink. Discussion ensued, with Mr. Zimmermann fielding questions from the Board. On motion by Councilwoman Price, seconded by Councilman McGarr, it was unanimously RESOLVED, that this Board hereby waives all Building Permit fees with regard to the Monroe Property. 9 May 16, 1990 305 6. Authorization - Bonding Resolution-Refuse Packer On motion by Councilman Chapin, seconded by Councilwoman Price, the following resolution was unanimously adopted to-wit: WHEREAS, the Town Board of the Town..of Mamaroneck, Westchester County, New York, has duly caused to be prepared a plan and report, pursuant to Section 202-b of the Town Law, relating to the increase and improvement of the facilities of Refuse and Garbage District No. 1, consisting of the purchase of a 1990 refuse packer truck, at a maximan estimated cost of $90,000, to which will be applied $40,000 available monies of said District; and WHEREAS, at a meeting of said Town Board duly called and held on April 4, 1990, an order was duly adopted by it and entered in the minutes specifying that the said Board would meet to consider the aforedescribed increase and improvement of the facilities of Refuse and Garbage District No. 1 of said Town at a maximum estimated cost of ninety thousand dollars ($90,000) and to hear all persons interested in the subject thereof concerning the same at the Town Hall, 740 West Boston Post Road, in Mamaroneck, New York, in said Town, on the 18th day of April, 1990, at 8:15 o'clock p.m., Prevailing Time; and WHEREAS, the said order duly certified by the Town Clerk was duly published and posted as required by law, to-wit: a duly certified copy thereof was published in the official newspaper of this Town, on April 9, 1990, and a copy of such order was posted on March 30, 1990, on the signboard maintained by the Town Clerk of the Town of Mamaroneck, pursuant to Section 30, subdivision 6 of the Town Law; and WHEREAS, a public hearing was duly held at the time and place set forth in said notice, at which all persons desiring to be heard were duly heard; NOW, THEREFORE, BE IT ORDERED, by the Town Board of the Town of Mamaroneck, Westchester County, New York, as follows: Section 1. Upon the evidence given at the aforesaid public hearing, it is hereby found and determineed that it is in the public interest to make the improvement, to-wit: to increase and improve the facilities of Refuse and Garbage District No. 1 of said Town, by the purchase of a 1990 refuse packer truck, at a maximum estimated cost of $90,000, to which will be applied $40,000 available monies of said District. Section 2. This order shall take effect immediately. The question of the adoption of the foregoing order was duly put to a vote on roll, which resulted as follows: Kathleen Tracy OIFlinn VOTING aye John McGarr VOTING We Elaine Price VOTING aye Stephen Chapin varm aye Caroline Silverstone VOTING aye The order was thereupon declared duly adopted. 10 May 16, 1990 306 7. Travel Authorization Town Administrator - NY State Managers Conference Pursuant to memo from the Town Administrator, on motion by Councilman Chapin, seconded by Councilman McGarr, it was unanimously RESOLVED, that this Board hereby grants authorization to the Town Administrator to attend the annual conference of the Municipal Managers Association of the State of New York being held from May 20th through May 23rd in Ellenville, New York for a total cost of $350.00. 8. Salary Authorization - Recreation - Highway Department (Sumer Help) Following explanation by the Town Administrator, on motion by Councilman McGarr, seconded by Councilman Chapin, it was unanimously RESOLVED, that as provided for in the 1990 Town Budget, authorization is hereby granted for payment of salary to Jean Marie Grubert, Office Assistant, $6.25/hour, effective 5/21/90; and be it further RESOLVED, that this board hereby authorizes payment of salary to Patrick Curley as a summer highway laborer at an hourly wage of $7.00, effective 5/14/90. 9. Discussion - Change Date of June 20 Town Board Meeting Following some discussion and with concern about parking during the Mamaroneck High School Graduation ceremonies on May 20th, on motion by Councilman McGarr, seconded by Councilman Chapin, it was unanimously RESOLVED, that this Board hereby changes the date of the Regular Town Board Meeting of Wednesday, June 20, 1990 to Thursday, June 21st, 1990. 11 May 16, 1990 10. Designation of Lead Agency- Zoning Amendment Councilwoman O-*Flinn stated that she disagrees with the law as it is proposed and, hopefully, it will be massaged to the extent that the final law will not permit a residential district as a proposed principle use. On motion by Councilwoman Price, seconded by Councilman McGarr, with Councilwoman O'Flinn opposing, it was RESOLVED, that the Town of Mamaroneck hereby declares itself as lead agency and that the proposed zoning action may have a significant impact on the environment and, consequently, under New York State as well as local environmental laws a (DEIS) Draft Environmental Impact Statement will be prepared and the option is a new zoning district for,the purposes of maximizing the retention of open spaces and recreational facilities on certain designated parcels of open space presently existing within the Town of Mamaroneck. WRITTEN COMMUNICATIONS ORAL COMMUNICA'T'IONS None TOWN CLERK REPORTS The Town Clerk submitted the Building and Plumbing Report and the Monthly Report of the Town Clerks Office for the month of April. APPROVAL OF MINUTES The minutes of the Regular Meeting of April 18, 1990 were approved with a correction. The minutes of May 2, 1990 were approved. PROCLAMATION The Supervisor presented the following proclamation to the Town Clerk and declared the week of May 6 through May 12 as Municipal Clerks Week in the Town of Mamaroneck: 12 May 16, 1990 P R_ O C L A M A T I O N WHEREAS, the development of this nation's democracy was recorded by conscientious Municipal Clerks, a position that has evolved with our government and continues to exist as a vital and necessary office; and WHEREAS, Municipal Clerks in today's modern society act as liaison between the people and their elected officials; and WHEREAS, with their roots deep in the democratic society, Municipal Clerks nationwide steadfastly meet the challenges that lie ahead for local government; and WHEREAS, in their record keeping capacity, Municipal Clerks are in constant .closer';contact with the citizenry, and their perfornance�strongl'y influences the public's image of local 'government, r.anc�', z t s.. WHEREAS, these dedicatedrofficials undertake a var iety of administrativ inform e, financial, ation, and human services which areYita1 to an effective and responsible government ,at z the local level; and�`'f WHEREAS, this body zy clearly aware of the vi-*al and comprehensive services the.`,, Municipal Clerk performs;, for our citizens; and s ^t x t s»� WHEREAS, this body,,would like to recognize puxj,`�wn Town Clerk. h PATRICIA A. DiCIQG_ CIO :rF k for hex+Fdedication to the Town having earned the respect and= gratitude of the Town,.of Mamaroneck residents. NOW THEREFORE, I,Caroline Si,lverstone, Supervisor of the Town of Mamaroneck, , do recognz�L zethe meek of May 6 thryugh May 12, 1990, as Municipal Clerk's Week in the Town of Mamaroneck. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the Town of Mamaroneck to be affixed this 4th day of May, 1990. Caroline Silverstone, Supervisor Town of Mamaroneck AWOURI [�P There being no further business to cane before the Board, on motion by Councilwoman O'Flinn, seconded by Councilman McGarr, the meeting was unanimously declared into a Work Session at 9:45 p.m. Patricia A. DiCioccio Town Clerk 13