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