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HomeMy WebLinkAbout1984_11_14 Town Board Special Minutes 303 MINUTES OF THE SPECIAL MEETING OF THE TOWN BOARD OF THE TOWN OF MAMARONECK HELD ON THE 14TH DAY OF NOVEMBER 1984 IN THE FIRE COUNCIL ROOM OF THE WEAVER STREET FIREHOUSE, TOWN OF MAMARONECK The meeting was called to order at 8:35 P.M. by Supervisor Battalia Present were the following: Supervisor Dolores A. Battalia Councilman Lee H. Bloom Councilwoman Caroline Silverstone Councilman Lawrence A. Lerman Absent: Councilman Thomas R. Amlicke Also present: Stephen V. Altieri, Town Administrator William V. Zimmermann, Superintendent of Recreation P. Thomas Leddy, Superintendent of Highways Mayor Miriam Curnin of the Village of Larchmont appeared before the Town Board to discuss the Larchmont Reservoir and its maintenance expense. A recent study done on the lower dam indicates that there is seepage through the dam wall. The Mayor stated that in view of the fact that the Town and Village of Mamaroneck are the major beneficiaries of the flood control aspects of the dam, the costs of repairs should be shared by the three municipalities and made a Townwide charge. The estimated cost of the repair is $15,000 - $20,000. The Mayor requested that the Town consider this type of arrangement. The Administrator discussed with the Board the proposed 5-year Capital Schedule for the Town. The Highway Superintendent and the Recreation Superintendent discussed with the Board their portions of the Capital Improvement Plan. The Board then discussed the bids received for the Town Center. The Administrator stated that after discussion with Counsel, the Board should adopt a resolution for each contract. On motion by Councilwoman Silverstone and seconded by Councilman Bloom, it was unanimously Ill RESOLVED, that this Board hereby awards Contract #1 for General Construction to the lowest responsible bidder which is Rocco Brianti & Sons, Inc. for the sum of $2,297,234 plus alternate #1 for a grand total of $2,368,684 in accordance with bid specifications and plans, -1- 7/17/85 • Local Law #10-1985 304 • This local law shall be entitled TREE PRESERVATION. Section 1 . Legislative intent . The destruction or damage to shade, ornamental, and evergreen trees and plants and the indiscriminate and excessive cutting of these trees in subdivisions and on private property cause barren and unsightly conditions, create increased surface drainage problems, increase municipal costs to control drain- age, impair the stability and value of improved and unimproved real property, and cause deterioration to the community which ' adversely affect the health, safety, environment, ecosystems, and general welfare of the inhabitants of the Town of Mamaro- neck. This law seeks to correct these conditions. • Section 2 . Cutting, killing, or destroying trees prohibited: exceptions: • A. No person, firm or corporation or individual con- , nected with such firm or corporation shall either purposely or negligently cut down, kill, or otherwise destroy or com- . • mit any act which will lead to the eventual destruction of • any tree exceeding six (6) inches in diameter at a height of four (4) feet measured from the ground on any private prop- erty, unless he is in the possession of a permit to do so issued by the Tree Preservation Commission pursuant to Sec- tion 4 . Permits issued for any other purpose by the Town shall not be valid for this purpose . A lot of one-half (2) acre or less substantially developed with improvements and a structure or structures situated thereon shall be exempt from this section. • • i B. Notwithstanding any other provision of this law, any property owner applying for subdivision or site plan ap- proval whose plans would require the removal of any trees or said property shall make application to the Planning Board - 1 - `307 of the Town of Mamaroneck, which shall have sole jurisdiction regarding the proposed removal of such trees. The Planning Board may grant or deny such application on such terms and conditions as it may prescribe , it being understood that there - . must, in any event, be full compliance with the subdivision regulations and site plan approval law of the Town of Mamaro- neck. In the event a property owner, subsequent to the fil- ing of a final plat or site plan, . shall require the removal of any trees which deviates from the plans approved by the Planning Board, application must be made to the Tree Preser- vation Commission, and all the requirements of this law shall be applicable. Section 3 . Tree -Preservation Commission A. The Town Board shall create a Tree Preservation Commission which shall consist of the Highway Superintendent, Chairperson of the Conservation Advisory Commission, and the Building Inspector. B. All determinations and decisions made by the Tree Preservation Commission shall be by a majority vote. The Commission is hereby authorized and empowered to obtain the assistance, when necessary, of persons especially qualified by reason of training or experience in tree planting, preser- vation, and landscaping. -Section 4 . Granting of permits A. Permits for the removal of trees may be granted under the following circumstances: (1) If the presence of trees would cause hardship or endanger the public or the 'person . or property of the owner. (2) On property to be occupied by buildings or structures, within a distance of ten (10) feet around the peri- meter of such building or structure, depending upon tree sptIcies and conditions to be determined by the Tree Preservation Com- mission. (3) If the trees substantially interfere with a • - 2 - • 306 permitted use of the property and Lho-.• removal of the trees shall be performed in a selective manner . (4 ) If the property shall have an approved cut or fill of land deemed by the Tree Preservation Commission to be injurious or dangerous to the trees. B. The determination of the Tree Preservation Com- mission shall be final and shall depend upon the species of the tree, the degree of injury and the likelihood of the sur- vival of the tree, and consideration of the general welfare and the overall environment of the area, except that it shall be subject to such review as is authorized by Section 5.H. - C. In the event that the Tree Preservation Commis- sion determines that a tree or trees are hazardous to life or property or substantially interfere with a permitted use of - the property, the Tree Preservation Commission. shall have the right to grant immediate approval for the removal of said tree or trees, waiving all notices as required under • this law. In the event that such approval is granted, the Tree Preservation Commission, subsequent to the cutting of said tree or trees, shall have the authority to. require com- plete compliance with all other provisions of this law as ap- plicable thereto. . Section 5 . Procedural requirements for permit A. All applications for permits hereunder shall be made in writing and verified under oath upon forms prescribed by the Tree Preservation Commission and approved by the Town Board of the Town of Mamaroneck. The fee for each application ' shall be set by resolution of the Town Board, payable upon sub- . mission of the application. B. The applicant shall submit plans showing existing and proposed contours at two-foot intervals on a map or plan at a scale no smaller than one (1) inch equaling fifty (50) feet. Where trees are to be removed or destroyed, existing 3 - X07 trees, specifying types and sizes , shill he shown and the rea- sons for removing or destroying said Lrees shall be set forth. The plans shall provide for new trees to be planted and shall specify their location and type to replace the existing trees in kind. When the existing trees are so large and mature that they cannot be replaced, the Tree Preservation Commission may require planting of multiple trees instead. C. The Tree Preservation Commission may require .addi- tional information such as the design of walls, disposition and design of storm drainage, and any other information perti- nent to the individual circumstances. • D. Where .extensive tree cutting is planned, the Tree Preservation Commission may require the applicant to pay for an Inspector to be assigned by the Commission to supervise the orderly development of the land and ensure the protection of . the trees. . E. The Tree Preservation Commission shall require . that the applicant or applicant ' s representative who shall be ,performing the work shall furnish the Town with a performance bond as approved by the Town ' s Attorney in an amount suffi- cient to cover ninety percent (90%) of the planting and res- toration work to be completed in accordance with the plans . accompanying the application. The remaining ten percent (10%) of the cost of restoration and replanting shall be in cash, • deposited in a special tree preservation escrow account. The • total amount of the bond and cash deposit .shall reflect all , restoration and protection costs and shall be in accordance with each set of individual circumstances. Upon completion of all planting and restoration work to the satisfaction of the Tree Preservation Commission, the performance bond shall be cancelled and replaced with a maintenance bond to be approved by the Town ' s Attorney and to run for a term of two (2) years. The ten percent (10%) cash in escrow shall remain on deposit - 4 - with the Town until the maintenance bond is cancelled. F. The Tree Preservation Commission, within twenty (20) days from the date the application is submitted in final form, shall approve or disapprove the application for permit. No trees shall be cut pursuant to a validly issued permit for a period of ten (10) days from the date of the issuance of said permit. The failure to act upon the application for per- mit within the said twenty (20) days shall be deemed a grant- ing of automatic approval by the Tree Preservation Commission of the application for permit. • G. All decisions or determinations made by the Tree Preservation Commission approving applications pursuant to • this law shall be sent to property owners within a two-hundred- fifty foot radius of the area in question and to the Planning Board. • H. Any person, firm, organization, or corporation aggrieved, affected, or interested in the determination or de- ' cision of the Tree Preservation Commission shall have the right, within ten (10) days from receipt of the decision of the Tree Preservation Commission, to appeal to the Town Board who shall review the decision. Any decision or determination of the Tree Preservation Commission which is appealed to the Town Board shall be stayed pending review by the Town Board. 1. Any decision or determination of the Commission 'sustained, revoked, or modified by the Town Board may be ap- pealed by any person, firm, organization, or corporation aggrieved, affected, or interested in the determination or decision of the Town Board by application to the Supreme Court of the State of New York within thirty (30) days of filing of such decision with the Town Clerk. J. The Tree Preservation Commission may revoke any permit if the work is not proceeding according to permit. - 5 - Section 6 . Required acts . A. All persons who remove or cause to be removed trees with or without a permit, as required, shall restore the area by backfilling all holes and by creating an accept- ,` able grade and covering, subject to approval by the Tree Preservation Commission. Any tree damaged during construc- tion or development of the property shall be either replaced in kind or, where existing trees are so large and mature they cannot be replaced, the Tree Preservation Commission may re- quire the planting of multiple trees instead. Minor tree damage shall be repaired in accordance with accepted tree - ` surgery practice. B. Tree stumps shall be removed, not cut flush. After the planting of trees, removal of all debris in the disturbed area shall be made immediately. The property where such plant- ing is done must be left in a neat and orderly condition with good and acceptable planting and tree surgery practice. C. All trees which fail to survive for a period of • two (2) calendar years following planting shall be replaced by the permit holder at no expense to the Town or the owner of the land, if other than the holder of the permit. Said replacement shall be within sixty (60) days following writ- ten demand for such replacement from the Tree Preservation Commission or within an extended period of time as may be specified. Should the permit holder fail to replace the trees .pursuant to demand within the required period of time, the Tree Preservation Commission shall have the right to declare the maintenance bond in default and apply the escrow cash de- ' posit and the proceeds of the bond to replace the required trees. D. All tree planting, tree dressing, and associated restoration work must be substantially completed within six . (6) months from -the date of issuance of the permit, except that the permit may be extended by the Tree Preservation Com- - 6 - 310 mission which shall have sole discretion to grant such an extension . Under all circumstance , the performance bond ob- tained by the permit holder shall continue in full force and effect until there has been full compliance and approval of all restoration work by the Tree Preservation Commission. In the event the planting and restoration work has not been sub- stantially completed within six (6) months and no permit ex- • tension has been applied for or granted, the Tree Preserva- tion Commission shall have the right to consider the site abandoned and declare the performance bond in default, and may apply the escrow deposit and the proceeds of the bond .to perform all required planting and restoration work. By ac- cepting a permit, the holder thereby agrees to this procedure and grants unconditional access to the land for such restora- tion purposes . • • Section 7 . Certificate of Occupancy • No Certificate of Occupancy shall-be issued by the Building Inspector until all tree planting, tree dressing, and associated restoration work shall be completed to the satisfaction of the Tree Preservation Commission, except that where a Certificate of Occupancy is applied for between Octo- ber 31 and April 1, the permit holder shall submit an agree- ment, in writing, to the Town signed by the permit holder to • ensure compliance with all planting and restoration work to the satisfaction of the Tree Preservation Commission on or be- fore the first day of May next following the making of ' the agreement. The escrow cash deposit and the bond obtained by the permit holder shall continue in. full force and effect un- til the planting and restoration work has been completed. Should the permit holder fail to complete the restoration work on or before May 1 next following the execution of the agree- . • ment, the Tree Preservation Commission shall have the right to declare the said performance bond in default and apply the escrow cash deposit and the proceeds of the bond to re- store the land. • - 7 - • • 311 Section 8 . Penalties foL offenses A. Any person, firm, or corporation violating any of the provisions of this law shall be guilty of a misdemeanor, the fine for which shall not exceed one thousand dollars ($1, 000 .00) . B. Civil penalty. In addition thereto, any person, firm, or corporation violating any provision of this ordi- nance shall be subject to a civil penalty enforceable and col- lectible by the Town in the amount of one hundred dollars ($100 . ) each and every day that the violation continues, for each and every tree. In addition thereto, the violator will be required to replace each and every tree so taken down in accordance with Section 6 . Section 9 . Enforcement The Building Inspector of the Town of Mamaroneck shall enforce this law. Section 10 . Prohibited acts and conduct on Town-owned property. A. No department, agency, commission, or author- • ity in the Town of Mamaroneck, employee of the Town of Mama- roneck, or any firm or individual retained by the Town shall propose to or shall cut down, kill, or otherwise destroy more than five (5) . trees, each exceeding six (6) inches in diameter . *at a height of four (4) • feet measured from the ground, within an area of two-thousand five-hundred (2,500) square feet or any single tree exceeding eighteen (18) inches in diameter at a height of four (4) feet measured from the ground on Town property, with the exception of Town highways within the Town of Mamaroneck, without first filing a statement with the Town Board. (1) The statement required hereunder shall, be made in writing to the Town Board on a form approved by the Town Board. Such statement shall specify the particular type of work to be performed, the exact location, a general description of the tree or trees that shall be removed, a - 8 - 312 sketch plan if appropriate and required, together with the reasons for the removal of said tree or trees . (2) Upon filing said statement with the Town Board, notification shall be sent to owners of record of land within a radius of two hundred fifty (250) feet from the tree • or trees that are to be removed. In addition thereto, notice of the proposed removal of said tree or trees shall be pub- lished in the official newspaper of the Town of Mamaroneck. (3) The Town Board shall be stayed from making any decision or determination for a period of ten (10) 'days from the date of publication. In the event any person, • firm, organization, or corporation aggrieved, affected, or interested in the removal of the said tree or trees shall file an objection with the Town Board in writing five (5) days prior to the Town Board meeting, said Town Board shall not make any decision or determination until its next regular or special Town Board meeting following the filing of said objection. B. All contracts entered into by the Town with firms or individuals for work to be performed on Town-owned land, • excluding -Town highways, shall contain a provision that there • ,shall be complete compliance with Section 10 .A. of this local law. Section ll. Repealer. All ordinances and local laws or parts of ordi- nances and local laws in conflict herewith are hereby repealed. Section 12 . Severability. The invalidity of any section, clause, sentence, Or provision of this local law shall not affect the validity of any part of this local law which can be given effect without. such invalid part or parts . Section 13 . When effective . This local law shall take effect immediately. - 9 - 313 and be it further RESOLVED, that the Town Supervisor is authorized to execute contracts with Rocco Brianti & Sons, Inc. , 720 Commerce Street, Thornwood, New York. On motion by Councilman Lerman and seconded by Councilwoman Silverstone, it was unanimously RESOLVED, that this Board hereby awards Contract #2 for Plumbing and Sprinklers to the lowest responsible bidder, which is Frank& Lindy Plumbing, Inc. , for the sum of $228,676 in accordance with bid specifications and plans, and be it further RESOLVED, that the Town Supervisor is authroized to execute contracts with Frank & Lindy Plumbing. , Inc. , P. 0. Box 168, Peekskill, New York. On motion by Councilman Bloom and seconded by Councilman Lerman, it was unanimously RESOLVED, that this Board hereby awards Contract #3 for Heating, Ventilation and Air Conditioning to the lowest responsible bidder, which is Acme Climate Control, for the sum of $301,648 in accordance with bid specifications and plans, and be it further RESOLVED, that the Town Supervisor is authorized to execute contracts with Acme Climate Control, 49 Purchase Street, Rye, New York. On motion by Councilwoman Silverstone and seconded by Councilman Lerman, it was unanimously RESOLVED, that this Board hereby awards Contract #4 for Electrical to the lowest responsible bidder, which is Byron Electric Company, for the sum of $359,500 in accordance with bid specifications and plans, and be it further RESOLVED, that the Town Supervisor is authorized to execute contracts with Byron Electric Company, 1020 Mamaroneck Avenue, Mamaroneck, New York. -2- 31. E The Administrator presented to the Board, information relative to changes in the Youth Advocate budget and Children's Corner budget as a result of meetings with these groups. On motion by Councilwoman Silverstone and seconded by Councilman Bloom, it was unanimously RESOLVED, that the Board adjourn into Executive Session. The Town Board discussed the Police Commissioner candidates. The Board then discussed salaries of elected officials and made the decision to not increase those salaries in 1985. On motion by Councilwoman Silverstone and seconded by Councilman Lerman, The Executive Session was adjourned. There being no further business to come before this Board, on motion by Councilwoman Silverstone and seconded by Councilman Bloom, the meeting was adjourned at 10:45 P.M. Respectfully submitted, Stephen V. Altieri Town Administrator -3-