HomeMy WebLinkAbout1991_02_06 Town Board Regular Minutes M32R W OF THE REGULAR MEE N
OF THE TOWN BOARD AMID BOARD OF
FIRE COWUSSIONERS OF THE TOWN OF
NlAMARONECK, HELD ON THE 6TH DAY
OF FEBRUARY 1991 IN THE COURT ROOM
OF THE TOWN CENTER, 740 WEST BOSTON
POST ROAD, MUMRONECK, 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 a Work Session.
The Work Session held in Conference Room A to discuss the Affordable
Housing Development Project and Habitat for Humanity was, on motion
duly made and seconded, unanimously declared adjourned into Executive
Session at 7:45 p.m.
The Executive Session held in Conference Room A to discuss personnel,
contract negotiations and litigation was, on motion duly made and =
seconded, unanimously declared adjourned at 8:10 p.m.
RECONVENE REGULAR MEETING
The Regular Meeting of the Town Board was called to order by
Supervisor Silverstone at 8:20 p.m.
Present were the following members of the Board:
Supervisor Caroline Silverstone
Councilwoman Elaine Price
Councilman John McGarr
Councilwoman Kathleen Tracy O'Flinn
Councilman Paul Ryan
Also present were:
Patricia A. DiCioccio, Town Clerk
Stephen V. Altieri, Town Administrator
Steven M. Silverberg, Town Counsel
Michael Acocella, Fire Chief
CALL TO ATTENTION
Supervisor Silverstone pointed out to those assembled the locations of
exits as required by law for public gatherings.
February 6, 1991
PUBLIC HEARING - Amendment to the Tree Preservation Law
The Supervisor Requested a motion to open the Public Hearing.On the
proposed amendment to the Tree Preservation Law and, on motion by
Councilwoman Price, 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.
Following a brief explanation by Town Counsel, Steve Silberberg, The
Supervisor stated that a memo had been received from Claudia Ng of the
Conservation Department. She noted that the memo advised that
following review of the proposal, the Conservation Advisory commission
suggested that with regard to waivers in section 76 A-S, some
standards of criteria for discretion be delineated so as to protect
both the property owner and the Town in its decisions. Discussion
followed among Board members with regard to this section and a few
residents asked questions about the Tree Preservation Law. The
Supervisor then asked if anyone wished to comment in favor of or in
opposition to the proposed amendment. There being no further comment,
she asked for a motion to close the Hearing and, on motion by
Councilwoman Price, seconded by Councilman McGarr, the Public Hearing
was unanimously declared closed.
Thereafter, on motion by Councilwoman Price, seconded by Councilman
Ryan, it was unanimously
RESOLVED, that this Board hereby
amends Local Law No. 6 - 1990 Tree
Preservation Law clarifying its
purpose and intent with regard to
dead or diseased trees and tree
stumps on substantially wooded lots
as follows:
IOCAL LAW NO. 1 - 1991
A local law to amend Chapter 76 of Town Code - Tree Preservation
Section 1. Purpose
The purpose of this local law is to clarify the purpose and
intent of the Tree Preservation Law, Local Law No. 10-1985,
and to provide for exceptions to this law under appropriate
circumstances.
2. S76 A-4 (A) shall be amended by adding a section (5) which
shall read as follows:
"(5) Where the trees to be removed are
dead or so substantially diseased that,
in the opinion of the Tree Commission,
the tree constitutes a potential danger."
3. S76 A-5 (B) shall be amended by adding the following
language:
"On substantially wooded lots (lots
containing 30 or more trees per acre meeting
the requirements of S76 A-2 (A), the Tree
Commission shall have the discretion of
waiving the requirement of replacement of
each tree in kind or payment of a fee.,,
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February 6, 1991
4. 76 A-6 (B) shall be amended by adding the following language:
"on substantially developed lots the tree
Commission shall have the discretion, when
it is not reasonably feasible to maneuver
stump removal equipment to the location of
a stump or where the stump is in close
proximity to existing structures, to modify
the provisions of this Paragraph with
regard to stump removal."
S. Severability
Should any portion of this local law be declared illegal or
otherwise unconstitutional by a Court of competent
jurisdiction, such declaration shall not affect any other
provision of this local law.
6. Effective date
This local law shall take effect immediately.
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
Elaine Price VOTING aye
John McGarr VOTIM aye
Kathleen Tracy O'Flinn VOTING We
Paul Ryan VOTING aye
The resolution was thereupon declared duly adopted.
At this time, on motion by Councilman McGarr, seconded by Councilwoman
Price, it was unanimously
RESOLVED, that this Board hereby
requests the Tree Commission to
submit a semi-annual review of
their permits and waivers to the
Town Council.
BOARD OF FIRE CQMMISSIONERS
The Meeting was called to order by Commissioner Silverstone at 8:40
p.m. in the Court Room.
Present were the following members of the Commission:
Commissioner Caroline Silverstone
commissioner Elaine Price
Commissioner John McGarr
Commissioner Kathleen Tracy O,Flinn
commissioner Paul Ryan
1. Commissioner O'Fli.nn presented fire claims for authorization of
payment and on her motion, seconded by Commissioner Price, it was
unanimously
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February 6, 1991
I ,
I
RESOLVED, that this CcM of the
hereby authorizes payment
following Fire Department claims
approved by the Fire Chief and
as audited by thetr011er's Office:
.98
Excelsior Garage & Machine Works, -Inc.• $3,05
9.00
NYNEX
Town of Mamaroneck Professional 102.18
Fire Fighters Association $3,166.16
I
2. Other Business
t and extended
Commissioner Silverstone thanked the Fire Depart
congratulations for an Installation Dinner which everyone
enjoyed, deeming it a "top notch,, affair.
She went on to say
h
that at the last two fire council meetings, questions were raised
with regard to whether or not Town employees could become members
of the Volunteer Fire Department, and be excused to respond to
business hours. Some discussion ensued on
local fires during on motion by Councilwoman Price,
this matter, after which time,
seconded it was unanimously
by Councilman McGarr,
nMLVED, that this Board hereby
grants approval for Town employees tlf
to became members of the Town of
Mamaroneck Volunteer Fire Department, r
and to be excused in order to respond
I to local fires during business hours.
the proposed 'TIRE
At this time was held concerning
LANE LAW1 with a decision to refer it to the Traffic Committee
for its February 25th meeting.
o a joint
c�mnissioner Silversto� stated g d that ire uptoimnissione�rs and the
h
't
held
v� t'
meeting
was he joint meeting.
.for
Fire Council and she
that tot
it was work on an agenda and set a date.
She ten suggested
Fire Chief, Michael Acocella, informed the Board that the mini
attacker was sold last week for $1,475.
business to came
before this Commission, on
There being no other bus seconded by Commissioner McGarr, to
motion by Commissioner Price, adjourned at s:5o p.m-
meeting was unanimously declared
i
AFFAIRS OF THE TOWN
_ o ry
commission
Appointments - Conservation A
dvis
i II 1• - Traffic Committee
I�I and of Martha
p,Flinn briefly described to background by
councilwoman Rauftnan �°n her �fmoat and motion,
Councilman Ryan, it was
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