Loading...
HomeMy WebLinkAbout1988_09_22 Town Board Minutes 208 MINUTES OF THE REGULAR MEETING OF THE TOWN BOARD AND BOARD OF FIRE COMMISSIONERS OF THE TOWN OF MAMARONECK, HELD ON THE 22ND DAY OF SEPTEMBER 1988 IN THE COURT ROOM OF THE TOWN CENTER, 740 WEST BOSTON POST ROAD, MAMARONECK NEW YORK CONVENE REGULAR MEETING The Regular Meeting of the Town Board was called to order by Supervisor Battalia at 7:00 p.m. , at which time the Board recessed _ into Executive Session in Conference Room A. Following discussion on matters of certiorari and litigation, on motion duly made and seconded, the Executive Session was adjourned at 8 :30 p.m. RECONVENE REGULAR MEETING The Regular Meeting of the Town Board was called to order by Supervisor Battalia at 8:35 p.m. in the Court Room. Present were the following members of the Board: Supervisor Dolores A. Battalia Councilwoman Caroline Silverstone Councilman Stephen C. Chapin Councilwoman Elaine Price Councilman Henry Korn Also present were: Patricia A. DiCioccio, Town Clerk Stephen V. Altieri, Town Administrator Edward M. Lieberman, Town Counsel P. Thomas Leddy, Highway Superintendent Richard Tortorella, Fire Chief William McDermott, Deputy Fire Chief CALL TO ATTENTION Supervisor Battalia pointed out to those assembled the location of exits as required by law for public gatherings. September 22, 1988 209 BOARD OF FIRE COMMISSIONERS The Meeting was called to order by Commissioner Battalia at 8 :40 p.m. in the Court Room. Present were the following members of the Commission: Commissioner Dolores A. Battalia Commissioner Caroline Silverstone Commissioner Stephen C. Chapin Commissioner Elaine Price Commissioner Henry Korn 1. Fire Claims Commissioner Chapin presented fire claims for authorization of payment and on his motion, seconded by Commissioner Silverstone, 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: AAA Emergency Supply Co. $ 1,769.67 All Power Equipment Co. 380.00 All Power Equipment Co. 112.00 A T & T 188 .00 The Belcher Co. of N.Y. 302.02 Brewers Hardward 85.56 Excelsior Garage & Machine Works Inc. 186.21 Robert Fattizzi 5.50 Hills Signs 62.00 Larchmont Auto Parts 10.90 Larchmont Auto Parts 7.58 Lawrence Heat & Power Corp. 190.24 Motorola Inc. 10 ,612.00 National Fire Protection Assoc. 357.75 Portronix 247.90 $14,517.33 ADJOURNMENT There being no further business to come before this Commission, on motion by Commissioner Korn, seconded by Commissioner Price, it was unanimiusly declared that this meeting be adjourned at 8:50 p.m. APPROVAL OF MINUTES The minutes were deferred until later in the meeting. 2 September 22, 1988 210 PUBLIC HEARINGS - Mechanical Amusement Devices (to be adjourned to October 19, 1988) - Sign Ordinance The Supervisor requested that the hearing on the Mechanical Amusement Devices, which had previously been adjourned, continue to be adjourned until the meeting of October 19. On motion by Councilwoman Price, seconded by Councilwoman Silverstone, the hearing was unanimously adjourned to the meeting of October 19, 1988. The Supervisor announced that the hearing on the Sign Ordinance is a reconvening of an adjourned hearing and asked for a motion to open. On motion by Councilwoman Silverstone, 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. At this time Town Counsel, Edward Lieberman, updated the Board on the legislation, pointing out changes, corrections and additions made. The Supervisor then asked if anyone wished to address the Board in favor or in opposition, to which Robert Plaut, a real estate agent and resident of Lancia Lane told the Board that he was very much in favor of this ordinance. Sandra Calvin, a resident and a real estate agent, asked for clarification of some items, to which Town Counsel responded. Joyce Phelps, a resident and real estate agent, commented that she appreciated this ordinance very much and although she personally would prefer no signs at all, she can really appreciate the work accomplished in making this ordinance better than it has ever been. She also complimented Sound View News for their extremely well written and accurate coverage of Town Board meetings. Robert Singer, a resident and a contractor, requested clarification of a certain item, which was explained to him by Town Counsel, Thomas Hood, a resident, wished to know who would be enforcing this law, to which the Supervisor responded that it would be enforced by the Building Inspector. Supervisor Battalia asked if anyone wished to make any further comment, to which Councilwoman Price remarked that, although the Building Inspector was unable to be present tonight, she wished to thank him for constructing this very fine sign ordinance. She went on to say that he looked at many sign ordinances in Westchester County, worked very diligently and is to be commended for his effort. The Supervisor then asked for a motion to close the Public Hearing, and on motion by Councilwoman Price, seconded by Councilwoman Silverstone, the Public Hearing was unanimously declared closed. Thereafter, on motion by Councilwoman Price, seconded by Councilman Chapin, it was unanimously 3 September 22, 1988 21:1 RESOLVED, that the adoption of proposed Local Law No. 6-1988 , ARTICLE V: Sections 14-28, 14-29, - - 14-30, 24-31, 14-32, 14-33, 14-34 , 14-35, 14-36, 14-37, 14-37. 1 and 14-37.2 entitled SIGNS is hereby approved; and be it further RESOLVED, that this Local Law shall amend ARTICLE V: Sections 14-28, 14-29, 14-30, 14-31, 14-32 , 14-33, 14-34, 14-35, 14-36 and 14-37 of the Mamaroneck Town Code read as follows: ARTICLE V SIGNS -14-28. Definitions. As used in this Article, the following terms shall have the meanings indicated: ACCESSORY SIGN - Any sign related to a residence, business or profession conducted, or to a commodity or service sold or offered, lawfully existing upon the premises where such sign is located. AWNING SIGN - Any visual message incorporated into an awning. BUILDING INSPECTOR OR INSPECTOR OF BUILDINGS - The Inspector of Buildings in the Town of Mamaroneck or other officer duly authorized to perform his duties. FRONT OR FACE OF A BUILDING - The general outer surface of the building abutting or fronting upon any street or public highway. ILLUMINATED SIGN - Any sign illuminated directly or indirectly by electricity, gas or other artificial light. INTERIOR SIGN - Any sign, except address numbers, that is affixed to or painted on the interior of a window or glass, or any sign located within six (6) inches of the inside face of the window or a door, which sign is designed to be visible from the exterior of the window or door. NONACCESSORY SIGNS- Any sign unrelated to a business or profession conducted, or to a commodity or service sold or offered, upon the premises where such sign is located. II PERSON - One (1) or more persons, corporations, partnerships, associations, joint-stock companies, societies and all other entities of any kind capable of being sued. PROJECTING SIGN - Any sign which is erected or maintained over any street, sidewalk, alley or highway within the Town of Mamaroneck. 4 September 22, 1988 212 ROOF SIGN - A sign erected upon or above the roof of a building, but shall not include a pylon or other structure which protrudes above the roof and is an integral part of the building upon which the same is attached. SIGN - Any structure or part thereof, or any device attached to a building or painted or represented thereon, which shall display or include any letter, word, model, banner, pennant, logo, insignia, device, trade flag, symbol or representation which is in the nature of or which is used as an announcement, direction or advertisement for commercial purposes or otherwise. A "sign" includes any message and any billboard, neon tube, string of lights or similar device placed upon, outlining, hung, painted upon or attached to part of a building or lot, but does not include the flag or insignia of any nation or group of nations, or of any governmental agency, or of any political, educational, charitable, philanthropic, civic, professional, religious or like campaign, drive, movement or event except when displayed in connection with a commercial promotion. STANDING SIGN - A sign not attached to a building. TEMPORARY SIGN - A sign which is designated to advertise or announce a particular event or series of events, to solicit political support or to announce the availability for sale of any type of property intended to be available for a limited period of time. WALL SIGN - a Sign which is attached directly to or painted on the building wall and is parallel to the building wall. -14-29. Permit Required. A. After the effective date of this local law and except as otherwise herein provided, it shall be unlawful and a violation of this local law for any person to erect, construct, paint, alter, relocate, reconstruct, display or maintain or cause to be erected, constructed, displayed or maintained within the Town of Mamaroneck any sign or signs without first having obtained written permit from the Building Inspector for such sign or signs and without having complied with the provisions of this local law. B. Exemptions from permit requirement. The following signs do not require a permit: 1. Signs of duly constituted governmental bodies, including traffic or similar regulatory devices and legal notices. 2. Flags or emblems of political, civic, philanthropic, educational or religious organizations. 3. Bulletin boards or signs not over sixteen (16) square feet in area for public, charitable or religious institutions where the signs are located on the premises of said institution. 5 September 22, 1988 213 4. Memorial plaques, cornerstones, historical tablets and the like. 5. Signs not visible off the lot upon which they are situated. 6. Up to two (2) professional nameplates which do not individually exceed one (1) square foot in area. 7. Identification signs posted in conjunction with doorbells or mailboxes, not exceeding a total of thirty (30) square inches in surface area. 8 . Signs required to be maintained or posted by law or governmental order, rule or regulation. 9. Address signs not more than (1) address sign shall be permitted for each street frontage. No permitted address sign shall exceed two (2) square feet in surface area located not less than five (5) feet back from street line. Address signs shall show only the numerical address designations (in number or script) of the premises upon which they are situated, except that residential address signs may include the name of the family resident therein. 10. Cautionary signs which are less than one (1) foot square in size, such as but not limited to "danger, " "no trespassing, " etc. 11. Private traffic signs, including directional, regulatory, warning or informational signs of a noncommercial nature which are in the public interest, such as but not limited to "exit" , "entrance" , " parking" , "one-way" , etc. Each such sign shall not exceed three (3) square feet in area. 12. Signs giving the name of the person making alterations or repairs to the premises upon which such sign is erected, but only during the period of such repairs, shall be not more than six (6) square feet in area and limited one (1) sign for each lot or plot and located on the building or, if standing signs, located not less than the applicable minimum yard dimensions for structures as set forth in the Zoning Ordinance. No permit is required. 13. Signs on premises during the period of new construction giving the name of the architect, contractor or builder shall be not more than six (6) square feet in area and limited to a maximum of two (2) signs per plot and located on the building or, if standing signs, located not less than the applicable minimum yard dimensions as set forth in the Zoning Ordinance. 14. Block parties conducted pursuant to a permit issued by the Town Clerk may have two signs up to six (6) square feet in area displayed for no longer than the day of the event and forty-eight hours prior thereto. No other block party signs are permitted. C. Sign prohibitions and restrictions. 6 September 22, 1988 214 The following prohibitions and general restrictions shall apply in all building zones. 1. Only accessory signs shall be permitted. 2 . Billboards shall be prohibited. 3. Roof signs shall be prohibited. 4. Except for holiday seasons, grand openings or designated special events as approved by the Town Board, no sign or part thereof shall consist of pennants, ribbons, streamers, balloons, spinners or other similar moving, fluttering or revolving devices. No such special event shall exceed a period of fifteen (15) days and shall not be repeated for at least a one hundred twenty (120) day interval thereafter. 5 . No sign shall project above the parapet of a building. 6. No sign shall be erected in such a manner as to obstruct free and clear vision for drivers, nor at any location where, by reason of the position, shape or color, it may interfere with, obstruct the view of or be confused with any authorized traffic sign, signal or device by making use of the word "stop" , "look" , "danger" or any other word, phrase, symbol or character, or red, green or amber illumination or reflection in such a manner as to interfere with, mislead or confuse traffic. 7. No portable or temporary sign shall be placed on the front face of any building or otherwise upon any property (improved or unimproved) or public ways adjacent thereto, except as provided in -14-35-H herein. 8 . Signs painted directly upon the surface material of a building or other structure are prohibited. -14-30 Application for permit. Any person desiring to procure a permit for a sign or signs shall file with the Building Inspector of the Town of Mamaroneck a completely filled-out sign application, which shall contain: A. A scale drawing showing the lettering and pictorial matter composing the sign, a description of the construction details of the sign structure and the intensity and type of lighting to be provided. B. A location plan showing the position of the sign on the building or premises. C. Such other information as the Building Inspector may require to show compliance with the provisions of this local law. D. The Building Inspector shall review the application for conformance with these additional standards. 1. Signs should be designed to be compatible with the surroundings and appropriate to the architectural character 7 September 22, 1988 of the buildings on which they are placed. Sign panels and graphics should relate with and not cover architectural features, and should be in proportion to them. 2. Signs should be appropriate to the types of activities they represent. 3. Layout should be orderly and graphics should be of simple shapes, such as rectangle, circle or oval. 4. No more than two typefaces should be used on any one sign or group of signs indicating one message. 5. The number of colors used should be the minimum consistent with the design. 6. Illumination should be appropriate to the character of the sign and surroundings. 7. Groups of related signs should express unformity and create a sense of harmonious appearance. E. Any person aggrieved by a decision of the Building Inspector relative to the provisions of this local law may appeal such decision in writing to the Zoning Board of Appeals as provided in -14-37. -14-31. Unsafe and Non-conforming signs. A. Whenever it shall appear to the Building Inspector that any sign has been constructed or erected or is being maintained in violation of any of the terms of this local law or is unsafe and insecure or is in such condition as to be a menace to the safety of the public, he shall thereupon issue or cause to be issued a notice in writing to the owner, if the whereabouts of such owner is known, informing such person of the violation of this local law or the dangerous condition of such sign and directing him to make such alteration or repair thereto or to do such things or acts as are necessary or advisable to place such structure in a safe, substantial and secure condition and to make the same comply with the requirements of this local law within such reasonable time as shall be stated in such notice. Upon failure to comply with such notice within the time specified, the Building Inspector may cause such sign or such part thereof as is constructed or maintained in violation of this local law to be removed and may charge the expense of such removal to the person so notified; provided, however, that nothing herein contained shall prevent the Building Inspector from adopting such precautionary measures as may be necessary or advisable in case of imminent danger to the public or to adjoining property to place such sign in a safe condition, the expense of which shall be paid by the owner. B. Every person maintaining a sign shall, upon vacating the premises where the sign is maintained, forthwith remove such sign. C. Any nonconforming sign which becomes unsafe or is removed for any reason may not be replaced except by a sign conforming with this local law. 8 September 22, 1988 216 D. Signs existing as of the effective date of this local law which do not conform to the provisions hereof, shall be permitted to remain for the duration of their useful life, but in no event longer than two years and shall not be replaced. -14-32. Residential districts. A. In residential districts, as established by the Zoning Ordinance of the Town of Mamaroneck, no signs shall be erected or maintained, except the following: 1. Signs advertising the sale or rental of property on which they are located shall be not more than three (3) square feet in area and limited to one (1) sign for each lot or plot and located on the building or, if standing signs, set back from the street so as to be located not less than the applicable minimum yard dimensions for structures, as set forth in the Zoning Ordinance. 2. Signs advertising the sale of lots in a subdivision approved by the Planning Board of the Town of Mamaroneck consisting of two (2) or more lots shall be not more than six (6) feet wide or four (4) feet high and mounted as a standing sign such that the top shall not be higher than ten (10) feet above the ground upon which it is situated. Such signs shall be limited to one (1) sign for each street on which the subdivision has frontage and located within the subdivision and not less than the applicable minimum yard set back dimensions for structure as set forth in the Zoning Ordinance. B. The signs listed in this section must be located on the premises to which they pertain. -14-33. Business districts and light industry districts. In business districts and light industry districts, as established by the Zoning Ordinance of the Town of Mamaroneck, no sign shall be erected or maintained except the following signs and unless such signs comply with the following provisions, but any sign permitted in a residential district shall be permitted in business and light industry districts: A. A wall sign which shall not extend more than twelve (12) inches from such exterior building wall or face. B. The maximum vertical dimension or height of such sign as permitted in Subsection A above shall be thirty-six (36) inches, except that the maximum height of lettering or pictorial matter shall not exceed twenty-four (24) inches unless such sign is composed entirely of separate letters attached directly to the wall of a building, in which case the letters shall not exceed thirty-six (36) inches in height. The maximum horizontal dimension or length of such sign shall not exceed the length of the street frontage of the business establishment upon which such sign is erected or maintained, but no sign shall exceed fifty (50) feet in length on any street frontage for the same business. The lower edge of such sign shall not be located above the level of the floor of the second story of the building upon which the sign is placed or maintained, and no such sign shall extend beyond the top or ends of the building surface upon which 9 September 22, 1988 217 it is placed or otherwise attached. More than one (1) sign for each business establishment is permitted, provided that the combined signs do not exceed the maximum limitations for a single sign as herein prescribed. C. One two-sided standing sign of overall outline area of not more than thirty (30) square feet per sign face which may refer to any single business enterprise whose building, or part thereof, is seventy-five (75) feet or longer, measured parallel to the street. For a single business use on a plot having over one hundred fifty (150) feet in frontage, two (2) standing signs will be allowed. A standing sign shall be oriented to generally face the street to which it is adjacent, and all parts thereof shall be back of the street lines. No part of any standing sign shall be more than fifteen (15) feet above the ground upon which the sign is located. Said sign shall not use guy wires for support. D. Signs mounted on a pylon, which is an integral part of a building but not constituting a building wall, may be considered as, and substituted for, standing signs as permitted in Subsection C above, except that signs on a pylon shall not extend beyond the top or edges of the pylon and the height of the top of such signs shall not be higher than the height of the building permitted . under the Zoning Ordinance. E. No interior sign shall be erected or maintained in the window of a building which is visible from outside except as follows: 1. One permanent, durably constructed and approved sign no greater than 20 percent of the window area or eight square feet, whichever is smaller. 2 . One permanent sign, indicating the hours of the establishment not greater than 1/2 square foot in area. 3. No window signs shall be so arranged as to prevent the viewing of displays or the interior of the space, except for temporary use of window space for Town or civic functions. F. Signs identifying the builder or contractor in connection with buildings under construction for which a building permit has been issued and is in effect but only during the period of construction, not more than forty-eight (48) square feet in size and located on the building as provided for in Subsections A and B of this section, or, if standing, to be mounted as provided for in Subsection C of this section, but not less than twenty-five (25) feet back of the street line. G. No sign permitted in Subsections A through G inclusive of this section, shall face any adjoining lot in a residential zone. H. At the entrance of buildings with business establishments above the first floor, name plates of uniform design and appearance at the entrance of each such building and not more than a total of three (3) square feet and eighteen (18) inches in height may be mounted at the sides of such entrance, provided that they are placed flat against the wall adjacent to the entrance. 10 September 22, 1988 2 1.8 I. Signs that otherwise comply with appropriate sections of this local law may bear either the name of the proprietor of the business conducted, the business phone number, the nature of the business, the goods sold or the services rendered on the premises, or any, or all of them J. Signs that otherwise comply with the appropriate sections of this local law may be attached flat and parallel upon the wall of the building and permitted to extend over a public sidewalk, alleyway, highway or street provided that such sign shall not project more than twelve (12) inches from the face of the building, and, if illuminated, then shields, hoods, or arms for such illumination shall not project more than two (2) feet from the building. K. Any sign now or hereafter existing which no longer advertises bona fide business conducted or a product sold shall be taken down and removed by the owner, agent or person having the beneficial use of the building or structure upon which such sign may be found , within ten (10) days after written notification from the Building Inspector, and, upon failure to comply with such notice within the time specified in such order, the Building Inspector is hereby authorized to cause removal of such sign, and any expense incident thereto shall be paid by the owner of the building or structure to which such sign is attached. L. Awning signs shall not project from an awning. Graphics may be painted or affixed flat to the surface of the front or sides, and III shall indicate only the name and/or address of the enterprise or premises. Awning graphics shall be a single line of lettering not exceeding six (6) inches in height, but if over, three (3) inches in height shall be debited against the permitted wall sign surface area. -14-34. Office building districts. No sign shall be erected or maintained in the Office Building Districts, OB-1 and OB-2, as established by the Zoning Ordinance of the Town of Mamaroneck, except the following, but any sign permitted in a residence district shall be permitted in office building districts: A. Signs announcing the name of the occupany or occupants of the building not more than thirty (30) square feet in size and limited to one (1) for each building and located on the exterior of the building. B. Standing signs, announcing the name of the occupant or occupants of the building, erected on the premises shall be permitted as provided for in -14-33C of this local law, except that such standing signs shall be not less than fifteen (15) feet from any street line. C. Nameplates as provided for in -14-33H shall be permitted. -14-35. Illuminated signs, special signs, temporary signs and illuminations of buildings. A. No illuminated signs shall permitted in any residential districts. 11 September 22, 1988 2 a l) B. No exterior signs on any building or premises shall be illuminated after 12:00 midnight except on those places of business whish shall remain open after 12 :00 midnight, and they shall be extinguished at the time of closing of such business. C. Illuminated signs shall be nonflashing and shall employ only light sources that are so located that no source of illumination is exposed, except that neon signs or other exposed-glowing-glass-tube type, or exposed-light-source type signs or attachments that swing, revolve or otherwise move or special fixture signs or devices, such as signs with clocks, barometers, thermometers or other moving indicators and signs with luminous paint or other metallic sparkle type paint, existing as of the effective date of this local law, shall be permitted for the duration of their useful life, but in no event longer than two (2) years and shall not be replaced. If any signs existing as of the effective date of this local law are of the flashing type, such signs so existing shall be removed or converted to a nonflashing type of sign which may then be permitted for the duration of their useful life as so converted, but in no event longer than two (2) years , and shall not be replaced. D. No illuminated sign or light-producing device shall be so located as to be in the direct line of vision to and beyond a traffic light from any point in the street serviced by such traffic light. E. Signs having wholly or partly illuminated surfaces shall have a maximum nighttime illumination level of twenty (20) foot-candles measured at a distance of twenty-five (25) feet at right angles from the face of the sign. F. No ornamental lighting device attached to or used in connection with exterior parts of a building shall be permitted, except that such lighting device existing as of the date this local law becomes effective may continue for a period of thirty (30) days thereafter. Nothing contained in this section shall apply to the regulations for illuminations of parking lots and other spaces for the sale or display of motor vehicles and other goods and automobile washing establishments as contained in --14-52 through 14-56, inclusive, of the Building Code of the Town of Mamaroneck. G. A sign illuminated by electricity or equipped in any way with electric devices or appliances shall conform, with respect to wiring and appliances, to the regulations of the New York Board of Fire Underwriters and shall bear the stamp of a legal inspection agency. H. The erection, installation or maintenance of temporary signs, as defined in -14-28 is hereby prohibited, except that the Building Department may grant special permission for the maintenance of the following signs: 1. A temporary sign not exceeding sixteen (16) square feet in area which is erected by a municipal, charitable or nonprofit organization is permitted for a period not to exceed thirty (30) days. A temporary sign not exceeding sixteen (16) square feet in area which is erected in a business zone by a political orginization is permitted for a period not to exceed thirty (30) days. 12 September 22, 1988 220 2. The name and address of the sponsor and person responsible for removal are to be identified. 3. Temporary interior signs announcing special sales or events shall be permitted in a business district. Such signs shall cover no more than twenty-five percent (25%) of the window area to which they are affixed and shall be removed within fifteen (15) days. -14-36. Safety. A. No signs shall be erected in such a manner as to obstruct free egress from any window, door or fire excape, or so as to become a menace to life, health or property. B. All signs affixed to any wall or building shall be securely fastened thereto. C. All signs illuminated by electricity shall conform with respect to wiring and appliances to the provisions of the Building Code of the Town of Mamaroneck relating to electrical control. -14-37. Variances. The Zoning Board of the Town of Mamaroneck may, in appropriate cases and after public hearing and subject to appropriate conditions and safeguards, vary or modify the application of the sign regulations prescribed in this local law in harmony with the general purpose and intent as follows: A. The Zoning Board may permit signs to be erected or maintained which do not comply with the regulations herein prescribed for business and light industry districts or projecting signs, provided that the Zoning Board of the Town of Mamaroneck determines that the applicant is entitled to relief using the same rules for granting variances as govern the granting of area variances under the Town Zoning ordinance. B. The Zoning Board may permit standing signs to be erected and maintained upon vacant property or open unoccupied areas; provided, however, that such signs so permitted shall not exceed the equivalent of sign space allowed under the regulations prescribed for the district within which the sign is located. C. Any variance granted shall be limited to a period not to exceed two (2) years from the date granted, with the right to appeal to the Zoning Board of the Town of Mamaroneck for renewal. The foregoing variance powers shall not be deemed to limit the general variance powers of the Zoning Board of the Town of Mamaroneck allowed or provided for in the Building Code of the Town of Mamaroneck and shall be deemed in addition thereto. -14-37.1. Penalties. In addition to all other remedies permitted at law or equity, any person who shall fail to comply with any of the provisions of this Local Law shall be subject to prosecution therefore in the Town Court and upon conviction shall be liable to a fine not to exceed $250.00 or imprisonment for a period not to exceed five days, or both. Each week' s continued violation shall constitute a separate violation. 13 September 22, 1988 221 -14-37.2. Severability If any section, subsection, sentence, clause, phrase or other part of this ordinance is, for any reason, held by any court of jurisdiction to be invalid, such decisions shall not affect the validity of the remaining portion of this ordinance. The Town Board hereby declares that it would have passed this ordinance and each section, subsection, sentence, clause, phrase and other parts thereof, irrespective of the fact that any one (1) or more sections, subsections, sentences, clauses, phrases or other parts be declared invalid. -14-37.3. Effective Date This law shall become effective immediately. AFFAIRS OF THE TOWN 1. Appointment - Coastal Zone Management Commission - Recreation Commission The Supervisor stated that these appointments would be held over to the next meeting since the Board was not able to have the resumes on hand tonight. I 2 . Authorization - Transfer of Funds-Ambulance Corp. Building The Administrator enumerated the list of additional work which had to be carried out in order to complete the VAC building, after which time, on motion by Councilman Chapin, seconded by Councilwoman Price, it was unanimously RESOLVED, that this Board hereby authorizes a transfer of $5,000 into the capital account to cover costs of additional work needed to close out Contract TA-88-1 of the VAC Building. 3. Authorization - Agreement New York State DOT The Administrator reported that the State of New York wished to assume ownership of a certain portion of land between Weaver Street and the VAC building pursuant to the Eminent Domain Procedure Law. On motion by Councilwoman Silverstone, seconded by Councilwoman Price, the following resolution was unanimously adopted 14 September 22, 1988 222 WHEREAS, on or about January 22 , 1986, the New York State Department of Transportation acquired certain property then owned by the Town of Mamaroneck, known and designated on the State' s Acquisition Map as Map 17, Parcel 29 and Map 19, Parcel 30 , S. H. No. 1645; and, WHEREAS, the State has offered the Town of Mamaroneck the sum of Four Thousand Eight Hundred Dollars ($4,800.) for said property; and, WHEREAS, the Town of Mamaroneck desires to reserve to itself the right to contest said valuation in the event that an appraisal thereof shows the value of said property to be greater than Four Thousand Eight Hundred Dollars ($4,800. ) ; NOW, THEREFORE, BE IT RESOLVED, that the Town Board hereby authorizes the Town Administrator to execute the attached Agreement for Advance Payment and all other necessary documents to enable the Town to receive the sum offered by the State, plus any applicable interest, pending any claim for additional funds the Town may elect to make. 4 . Resolution - Establish Temporary Permit Parking-Vine Street Following explanation by the Administrator, on motion by Councilwoman Price, seconded by Councilwoman Silverstone, it was unanimously RESOLVED, that this Board hereby authorizes temporary permit parking on the east and west sides of Vine Street as a temporary permit parking area during completion of the Baldwin Avenue Pump Station project for a period of approximately three to four weeks. 15 September 22, 1988 291 5. Ratification Income Limit-Senior Citizen Rent Increase Exemption The Administrator reported that senior residents of the Town and Village of Larchmont, age 62 or older, may be eligible for exemption (rent freeze) if they qualify, and of which the State Legislature recently authorized an increase which the Town must ratify. On motion by Councilwoman Silverstone, seconded by Councilwoman Price, it was unanimously RESOLVED, that the Town Board of the Town of Mamaroneck hereby ratifies the increase in the income threshold established by the State Division of Housing from $12,025 to $15,000 per family, applicable to senior residents, over age 62. 6 . Salary Authorization - Assessor The Administrator recounted how, as a result of the former Real Property Appraiser's move to assume the position of Assessor in the Town of Rye, it has been necessary for the Town Assessor to assume all responsibility for field work to update the annual assessment rolls. On motion by Councilwoman Price, seconded by Councilman Chapin, it was unanimously RESOLVED, that this Board hereby authorizes a salary adjustment for the Town Assessor to $42,000 retroactive to January 1, 1988 . 7. Report of Bids - Washed Sand Following explanation by the Administrator and a brief discussion,• on motion by Councilman Chapin, seconded by Councilwoman Silverstone, it was unanimously RESOLVED, that this Board hereby rejects the F.O.B. bids and awards Contract TA-88-15 for providing washed sand to the Town to Custom Clay & Soil Co. of Old Bethpage, New York as the lowest responsible bidder meeting specifications in the amount of $11.23 per cubic yard. 16 September 22, 1988 8. Proposed Donation - Larchmont Lions Club The Administrator informed the Board that the Lions Club will donate a bus stop shelter at the southwest corner of Weaver and Palmer, will make arrangements for installation and construction in the amount of $3,000 and is asking the Town to assume total responsibility for upkeep and to allow installation of a plaque recognizing their donation to the Town. A great deal of discussion followed with the general consensus being that this matter not be approved at present but be deferred to the next meeting. • 9. Resolution Authorizing Town to Apply for Recreation and Youth Service Funds The Administrator reported that the Town received notification only two days ago that it had until September 28th to file this application. Following discussion, on motion by Councilwoman Price, seconded by Councilman Korn, it was unanimously RESOLVED, that this Board hereby • authorizes the Administrator to submit application to the State of New York Division for Youth annual funding eligibility for the teen center and youth programs. . PROCLAMATION - Constitution Week The following proclamation was unanimously voted by the Town Board: IUI[EREA5, Zhe Constitution of the United States, the guardian of our . • • liberiil's, is a product of reflection and _choice, Cmbudtlillg the principles of limited government in a Republic de'L1icatcd to rule bg law, not hg men, and JUI[EREAS, September 17, 1958, marks the two hundred first atutiversarg of the drafting of the Constitution of the United Mates of America bg the Constitutional Convention; arch WHEREAS, It is fitting and proper to accord official recognition to this memorable anniversarg, and to the patriotic exercises that will commemorate the occasion, and WHEREAS, Public Law No. 915 guarantees the issuing of a proclamation each bear bg the President of the United Slates of America aesitiating September 17 through September 23 as Constitutinit Week, , • NOT, ZHEREFORE, I Dolores A. Ba'talia bg virtue of the anbhorit?,l vested in me as Supervisor of the Zuwn of Mamaroneck in the State otl New Prk du lterebg proclaim the week of September 17 through 23 as Constitution fleck in the Zown of Mamaroneck, and urge all cur citiaens to pag special attention during 1 that week to our Federal Constitution and the advantage of • American Citizenship. j In fitness Thereof, I have her L'ucim Set mg hall d and L`auscd the seal of the . __ . Znwu of Mamaroneck to be affixed this 14th hag of Septemher, 1988. . 17 1 September 22, 1988 225 PROCLAMATION — Donald Oresman The Supervisor commented that the annual Library reception is this coming Sunday and Donald Oresman will be honored. On motion duly made and seconded; the following resolution was unanimously declared: IDHER£A$, Dunan Oresman has given of his time aria energg unsiintirrglg for twentg gears as Dresiaent of the £archmunt £ibrarg Buaral • of Lrrustces; anal 3AH£REA5, His aealication to the lihrarE, his love for books, anal his • great knowlealge of books anal their authors have been an examOe to all who have worked with him; and MI{£R£1V, Zhc rennovatiull of the librarg anal the construction of the new ChilaOren's Room have been aecumplisheaa under his guiiance; anti MERE.A,$, He has been instrumental in the establishment of the Friends of the £archmunt £ihrarg; anf WHER£Aa, He has set goals for the £archmant £ihrarg Buara that will keep it bus with his help for mang gears; NOW ZHEREFORE BE—1 RE M£D What I, Dolores A. Battalia, Supervisor of the Enwn of Mamaroneck, give all mg thanks on behalf of the nuwn of Mamaroneck anal the Znwn Buara to DUNA£D OR£SMAN fur his alcaicateal public service. IN 1UIZNE55 OHER£('7F, I have hereunto set mg banal areal causes the Seal of the Luwn of Mamaroneck to be affixeai this 21st bag of September, 19S8. Fir �7fi ,r Nr �'1:;�3 1�`,�rl u el � � �l �- _ _ .� ;' - :'r ., Dolores A. Battalia, $upervisur � ti let Zown of Mamaroneck f\v Sd �t } ,, 1� 7. i �� gab ,, � a•� • y t I -`gy-,-4 , L ..�ny'`p; t�i J,a7•''..t.,_ - 18 September 22, 1988 226 WRITTEN COMMUNICATIONS The Supervisor called upon the Administrator, who explained that Mr. Malcolm Shaker of Myrtle Boulevard had written a letter and is present tonight to address the Board. Mr. Shaker stated that he wished to discuss a long-standing problem existing in front of his home with several large trees on Town property, which are obviously diseased and have many dead limbs projecting over the street, his driveway and his home. He noted that he had written a letter about this dangerous situation on July 18, explaining that a number of large limbs had fallen into the street and that great risk of injury to person and property exists. He added that on August 29th, during a, windstorm, there was no power for seven hours, and his car was damaged by falling limbs. Mr. Shaker concluded that he has pictures of the damages and he has a notice of claim, but is really only concerned about the danger to children going to school, and he urged immediate attention and appropriate action. Following discussion by the Board, the Administrator, Mr. Leddy of the Highway Department and Town Counsel, the Supervisor asked for a report on this matter by Tuesday and told Mr. Shaker that he would be called by Wednesday. At this time Supervisor Battalia announced that, regretfully, she had received from Town Councilman, Henry Korn, a letter of resignation effective on September 23rd. She told Councilman Korn that she understood the difficulties he was ensuing with his new business affiliation and the demands upon his professional time, she wished him success, she felt he had a great deal to offer to the Town and the Board would miss him. Councilman Korn thanked the Supervisor and commented that it has been a privilege and pleasure to serve with the Board if only for a short period of time. He emphasized, however, that he is unable to give to the Town the kind of commitment that the position requires, given the pressures he has been meeting in his professional life and, under these circumstances, he felt the Town would be better served by having someone who could give this commitment. He apologized to all who supported him last year, and added that he hopes whoever replaces him will have the time and ability to give to the Town the best of service, which it deserves. The Supervisor then appointed herself and Councilman Chapin as a search committee since, with it being budget period, she wished to fill the vacancy as expeditiously as possible. She also requested the Administrator to place an article in the newspaper stating that any interested resident contact her office at the Town Center for an interview. 19 September 22, 1988 ORAL COMMUNICATIONS Mr. Hood, a resident, had questions regarding the Weaver Street bridge, and the cost of payment for police overtime. The Administrator noted that the cost was about $2,500, and the Supervisor added that Mr. Hood would have to receive the figures from Larchmont Village on their traffic control. THE SUPERVISOR The Supervisor reported on developments of the Sound Shore Coalition, consisting of the Village of Larchmont, Village of Mamaroneck, Pelham Manor, Pelham Village, Village and City of Rye, and Town of Mamaroneck, all opposed to the Davids Island development because of the impact on our respective communities. she advised that at last Thursday's meeting they discussed the possibility of engaging counsel, who would review the various undocumented proposals and the procedures which must be followed by each of the agencies. Supervisor Battalia announced that the next meeting would be on October 25th and hopefully, there will be more to report. She noted that they are awaiting an Environmental Impact Statement from the Coast Guard in early 89, and they have also learned that, based on action by the County Board of Legislators, there is a bill in the Senate which would undedicate a portion of the Glen Island Park land to allow for the bridge. She explained that the Board and those of each of the member communities, has sent out a resolution opposing this and requesting that the County Board put this again on their agenda to reconsider their action with respect to sending up a home rule message requesting such legislation. APPROVAL OF MINUTES - June 27, 1988 (Special Meeting) - July 13, 1988 (Special Meeting) - August 17, 1988 (Special Meeting) - August 26, 1988 (Regular Meeting) The Minutes of the Special Meeting of June 27, 1988 were presented and on motion by Councilwoman Silverstone, seconded by Councilman Korn, were unanimously approved. The Minutes of the Special Meeting of July 13, 1988 were presented and on motion by Councilwoman Silverstone, seconded by Councilman Chapin, were unanimously approved. The Minutes of the Special Meeting of August 17, 1988 were presented and on motion Councilwoman Price, seconded by Councilman Korn, were u nanimously approved. The Minutes of the Regular Meeting of August 26, 1988 were presented and on motion by Councilwoman Silverstone, seconded by Councilwoman Price, were approved specific changes and corrections. 20 September 22, 1988 228 ADJOURNMENT There being no further business to come before this Board, on motion duly made and seconded, the meeting was unanimously declared adjourned at 11:25 p.m. Town Clerk Patricia A. DiCioccio 21