Loading...
HomeMy WebLinkAbout1984_12_19 Town Board Regular Minutes 342 MINUTES OF THE REGULAR MEETINGS OF THE BOARD OF FIRE COMMISSIONERS AND THE TOWN BOARD OF THE TOWN OF MAMARONECK, HELD ON THE 19TH DAY OF DECEMBER 1984 IN THE COUNCIL ROOM AND THE AUDITORIUM OF THE WEAVER STREET FIREHOUSE, TOWN OF MAMARONECK. CONVENE REGULAR MEETING The Regular Meeting of the Town Board was called to order by Supervisor Battalia at 7:30 p.m. in the Auditorium. Present were the following representing all members of the Town Board: Supervisor Dolores A. Battalia Councilman Lee H. Bloom Councilman Thomas R. Amlicke Councilwoman Caroline Silverstone Councilman Lawrence A. Lerman Stephen V. Altieri, Town Administrator and Counsel to the Town, Steven M. Silverberg were also present. On motion by Councilman Lerman, seconded by Councilman Bloom, it was unanimously III RESOLVED, that this Board will recess into Executive Session in the Council Room to discuss matters of litigation and labor negotiations. The Town Board discussed a proposed stipulation of agreement between the Town and the Town of Mamaroneck PBA. The Town Board then discussed litigation with respect to the Larchmont Motel and then discssed the position of Police Commissioner. Thereafter, on motion by Councilwoman Silverstone, seconded by Councilman Bloom, it was unanimously resolved to adjourn the Executive Session at 8:24 p.m. CALL TO ATTENTION - Location of Exits Supervisor Battalia pointed out to those assembled the location of exits in the Auditorium as required by law for public gatherings. • ' Ill BOARD OF FIRE COMMISSIONERS The meeting was called to order by Commissioner Battalia at 8:26 p.m. in the Auditorium. -1- 343 Present were the Following: Commissioner Dolores A. Battalia Commissioner Lee H. Bloom Commissioner Thomas R. Amlicke Commissioner Caroline Silverstone Commissioner Lawrence A. Lerman Also present were: Stephen V. Altieri, Town Administrator Steven M. Silverberg, Counsel to the Town • 1. Claims Commissioner Bloom presented fire claims for authorization of payment and on his motion, seconded by Commissioner Lerman, 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. , Inc. $ 198.00 Alert-All Company 141.63 R.G. Brewer, Inc. 63.64 Con-Edison 3.02 Con-Edison 2.00 Con-Edison 34.89 ESCO Exterminating Services 18.24 Excelsior Garage 3,000.00 Excelsior Garage & Machine Works, Inc. 453.20 Group Health Insurance 197.40 Larchmont Auto Parts Dist. 79.50 Larchmont Auto Parts Dist. 69.90 N. LaRussell 212.00 Lawrence Heat & Power Corp. 1,049.24 Portronix Communications 314.90 Printcraft 52.50 Proftech Stationers & Printers 60.24 RAD Oil Co. 428.11 Town of Mamaroneck General Fund 18.12 Uniform Rental, Inc. 58.32 $6,454.94 2. Other Business There was no other business to come before the Board. ADJOURNMENT There being no further business to come before this Commission, on motion by Councilman Bloom, seconded by Councilman Amlicke, it was unanimously resolved that this meeting be adjourned at 8:40 p.m. -2- 344 RECONVENE REGULAR MEETING At this time, on motion duly made and seconded, it was unanimously resolved that the Regular Meeting be reconvened. PUBLIC HEARING: Proposed Local Law #10-1984 - Amend Zoning Ordinance On motion by Councilman Bloom, seconded by Councilman Amlicke, it was unanimously • RESOLVED, that the Public Hearing be, and it hereby is, declared open. The Town Clerk presented for the record the Affidavits of Public- ation and Posting of the Notice of Hearing. At this time Town Counsel, Steve Silverberg, reviewed the contents of the proposed local law and explained the reasons for said amendments. He noted the receipt of approval from the Westchester County Planning Board which was made a part of the record of this Hearing. He also emphasized that the County Planning Board, after reviewing the proposed amendments, commended the Town for updating and stream- lining its procedures with respect to special use permit review. Supervisor Battalia acknowledged receipt of a lengthy communication from Ralph Engel of the Pinebrook Association in which concerns were expressed about provision for notification to neighboring communities. Councilman Amlicke stated that, although he felt this was a good law and was well drafted, he expressed his opposition because he felt the responsibility in matters of future development should remain with the elected officials. • Each of the other Board members stated their reasons for being in favor of the proposed law, emphasizing that with guidance of Counsel and appropriate appointments by the Town Board, the Planning Board will be enhanced in its ability to properly handle these new responsibilities. Since no one else wished to address the Board on this matter, on motion by Councilwoman Silverstone, seconded by Councilman Amlicke, it was unanimously RESOLVED, that the Public Hearing be, and it hereby is, declared closed. Thereafter, on motion by Councilman Bloom, seconded by Councilwoman Silverstone, the following resolution was adopted by a roll-call vote of the Board: WHEREAS, the Town Board has met on this date, at the time and place specified in the Notice of Public Hearing to consider the adoption of proposed Local Law No. 10 and has heard all persons desiring to be heard thereon; NOW, THEREFORE BE IT -3- 345 RESOLVED, that this Board does hereby adopt Local Law No. 10-1984 entitled "Amend Zoning Ordinance and orders that said Local Law as , so adopted _and herewith inserted, be made a part of the minutes of this meeting: IllThe Zoning. Ordinance of the Town .of Mamaroneck is hereby amended _ by .amending Sections 89-49 through 89-53, to read as follows: Section 89-49 Applications • 1. Applications for required special permits shall be made to the Planning Board. Such applications shall be accompanied by a fee of One Hundred (100) Dollars and be on a form prescribed by the Planning Board requiring the following information: - a. Name of applicant and owner of property. b. Location of property, intersecting streets, and Tax Map • description. c.. The present use at the proposed location for special permit. • d. The proposed use at the location for the special permit. e. Any construction which will be required. • f. A list of all other permits or applications which must be made by the applicant in order to proceed with the use. • g. The signature of the applicant with a certification that the information contained in the application is true. 2. All applications shall be accompanied by an environmental clearance • form and environmental assessment form, both of which shall be in such form as approved by the Planning Board. 3. The application shall be accompanied by fifteen (15) sets .of plans for the proposed development which shall show the location of all buildings, parking areas, traffic access and circulation drives, open spaces, landscaping, topography, special features, any other pertinent information, including such information about neighboring properties, that maybe necessary to determine and . provide for the enforcement of this ordinance. The plans submitted shall contain a detailed architectural design of all buildings and a landscaping plan, as well as plans and specifications for signs which the applicant proposes to use in connection with the buildings to be erected. 4. Applicant, shall submit a list of all property owners within a three-hundred foot radius of the subject property, along with • their- addresses and a certification that the applicant has compared the names and addresses with the records maintained in the Town of Mamaroneck Assessor's Office and that said list contains the names and addresses of all owners of property within a three-hundred foot radius of the property which is the subject of the application. 5. Upon receipt of an application, the Planning Board shall send a copy of the application and plans to the Police Department, Fire Department, Traffic Committee, Town Engineer, Building Inspector, and any other agency it deems appropriate for review and comment. -4- • 346 Section 89-50 Requirements The Planning Board shall not grant a special permit unless, upon Public Hearing, it determines the following: 1. That the proposed use is in general harmony with the surrounding area and shall not adversely impact upon adjacent properties due to the traffic generated by said use, or the access of traffic from said use onto and off of adjoining streets. 2. The operations in connection with the special permit use will not be more objectionable to nearby properties by reason of noise, fumes, vibration, flashing of lights, or other aspects than would be the operations of any permitted use not requiring a special permit. 3. That the proposed .special permit use will be in harmony with the general health, safety, and welfare of the surrounding area, and that by the nature of its particular location it will not adversely impact upon surrounding properties or surrounding property values. ' 4.. That there are no existing violations of this ordinance on the property which is the subject of the application. Section 89-51 Hearings 1. Upon receipt of an application containing all necessary information and plans, the Planning Board shall, within sixty (60) days of receipt of a completed application, hold a Public Hearing on said application upon ten (10) days public notice published in The Daily Times and with further notice by regular mail to property owners within a three-hundred foot radius of the property in question. • 2. Thai: within sixty (60) days of the close of the Public Hearing, the Planning Board shall render its decision, based upon the evidence produced before it at the Public Hearing. 3. That the Planning Board shall grant a special permit if it determines that the applicant complies with all requirements for the issuance of a permit under this zoning ordinance. . Section 89-52 Conditions and Safeguards The Planning Board shall attach such conditions and safeguards to the special permit as are necessary to assure the continual conformance i with all applicable standards and requirements. All special permits shall be issued for a period of no more than two (2) years and that upon the expiration of the two-year period, the applicant must apply for an extension of the special permit and demonstrate that there has been no change in circumstances in the area which would require the Planning Board to deny such extension. . -5- 347 Section 89-53 Expiration of Permits A special permit shall be deemed authorized only for the particular use or uses specified and shall further permit only the applicant to conduct such use. Should the applicant at any time cease to conduct the use for which a permit has been granted, then any other person, firm or corporation seeking to conduct said use at the same location must apply for a special permit for said. use. Further, should the use at any time be abandoned for a period of nine (9) months, then said permit is deemed to have expired and any other and further iii IIP use on that property requiring a special permit shall only be permitted after compliance with the requirements for an application for a new permit. To amend Article XIV and add Article XV to the Zoning Ordinance of the Town of Mamaroneck, to read as follows: Section 89-82 Site Plan Approval Required That all applications for building permits, special permits, and variances are subject to the requirements of the Site Plan Approval Law of the Town of Mamaroneck unless specifically exempted from the requirements of Site Plan Approval under Section 7 of the Site Plan Approval Law. No application for building permit may be granted unless there has been full compliance with the requirements of the Site Plan Approval Law, and no application for special permit or variance may be granted unless a condition of said granting of a special permit or variance is compliance with all requirements of the Site Plan Approval Law, where applicable. . ARTICLE XV . Miscellaneous . Section 89-83 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. Section 89-84 Short Title This ordinance shall be known as and may be cited as the "Town of Mamaroneck Zoning Ordinance." -6- 348 The question of the adoption of the foregoing resolution was duly put to a vote on roll call which resulted as follows: Dolores A. Battalia VOTING Aye Lee H. Bloom VOTING Aye Thomas R. Amlicke VOTING Nay Caroline Silverstone VOTING Aye Lawrence A. Lerman VOTING Aye S PUBLIC HEARING: Proposed Local Law #11-1984 - STOP SIGNS Huguenot Drive and Mountain Avenue On motion by Councilman Bloom, seconded by Councilwoman Silverstone, it was unanimously RESOLVED, that the Public Hearing be, and it hereby is, declared open. The Town Clerk presented for the record the Affidavits of Publication and Posting of the Notice of Hearing. At this time Councilman Bloom brought to the attention of the Board the need to change the wording for clarification. Both he and Mr. Mari, a member of the Traffic Committee, stated that the reason for recommending that stop signs be installed was due to the fact that residents of the area are complaining about the significant amount of through traffic on Mountain Avenue and the need for safety precautions. Thereafter, since no one else wished to address the Board on this matter, on motion by Councilwoman Silverstone, seconded by Councilman Bloom, it was unanimously RESOLVED, that the Public Hearing be, and it hereby is, declared closed. On motion by Councilman Bloom, seconded by Councilman Amlicke, the following resolution was adopted as amended by a roll-call vote of the Board: WHEREAS, the Town Board has met on this date, at the time and place specified in the Notice of Public Hearing to consider the adoption of proposed Local Law No. 11 and has heard all persons desiring to be heard thereon; NOW, THEREFORE BE IT RESOLVED, that this Board does hereby adopt Local Law No. 11-1984 entitled "Stop Signs" and orders that said Local Law as so amended, adopted and herewith inserted, be made a part of the minutes of this meeting: -7- 349 The purpose of this Local Law is to amend the Town of Mamaroneck Vehicle and Traffic Law. Section 81-4 is hereby amended by repealing the first paragraph of that Section granting authority to the Police Commission to adopt regulations with regard to traffic in the Town of Mamaroneck and to also amend Local Law No. 1 of 1965, Article 1, Section 81-6 by adding thereto Subparagraph 65 which shall read as follows: (65) Mountain Avenue approaching Huguenot Drive from both directions. The question of the adoption of the foregoing resolution was • duly put to a vote on roll call which resulted as follows: Dolores A. Battalia VOTING Aye Lee H. Bloom VOTING Aye Thomas R. Amlicke VOTING Aye Caroline Silverstone VOTING. .Aye Lawrence A. Lerman VOTING Aye PUBLIC HEARING: Establish 3-Hour Parking - Washington Square Area and Taylor Place On motion by Councilman Bloom, seconded by Councilwoman Silverstone, it was unanimously RESOLVED, that the Public Hearing be, and it hereby is, declared open. The Town Clerk presented for the record the Affidavits of Publication and Posting of the Notice of Hearing. At this time Councilman Bloom and Traffic Committee member Richard Mari reviewed the Committee's recommendations with respect to parking problems in the Washington Square area and on Taylor Place. After some discussion, Councilman Lerman suggested that the legislation be amended to indicate that the entire length of North Chatsworth Avenue not be included and that Jefferson Street be the cut-off. Further discussion ensued with respect to whether parking should be limited to one side of the street, and thereafter, since no one else wished to comment on the matter, on motion by Councilwoman Silverstone, seconded by Councilman Lerman, it was unanimously RESOLVED, that the Public Hearing be, and it hereby is, declared closed. On motion by Councilman Bloom, seconded by Councilwoman Silverstone, the following resolution was unanimously adopted as amended: WHEREAS, the Traffic Committee has made recommendations with regard to existing parking regulations so as to alleviate parking problems within the Town; and WHEREAS, this Board has considered said recommendations and made amendments where necessary; -8- 35o NOW, THEREFORE BE IT RESOLVED, that this Board hereby adopts the following amended ordinance: "There shall be three-hour parking on both sides of North Chatsworth Avenue, only up to Jefferson Street, Washington Square, Madison Avenue and Taylor Place." • PUBLIC HEARING: Establish "No Parking Here to Corner" - Myrtle/North Chatsworth/Murray and Richbell Road at Entrance to Circle of Larchmont Acres West. The Town Clerk presented the Affidavits of Publication and Posting of the Notice of Hearing for the record. Councilman Bloom explained that the reason for proposing this ordinance was to correct a dangerous situation at both locations. Following some discussion with respect to specific placement of the necessary signs, on motion by Councilman Bloom, who noted that the precise placement of the signs does not have to be included in the ordinance, seconded by Councilwoman Silverstone, the following resolution was unanimously adopted by the Board: WHEREAS, this Board has considered the recommendations to alleviate hazardous traffic conditions; NOW, THEREFORE BE IT RESOLVED, that this Board hereby adopts the following ordinance: "No Parking Here to Corner" ban be established and that the appropriate signs be erected in the following areas: On North Chatsworth Avenue, on the corner of Myrtle Boulevard and North Chatsworth Avenue near Murray Avenue and on Richbell Road near the entrance to the Larchmont Acres West Circle. APPROVAL OF MINUTES{ The minutes of the Regular Meeting of October 17, 1984 were presented and on motion by Councilman Bloom, seconded by Councilman Amlicke, were unanimously apkoved as corrected. • The minutes of the Regular Meeting of November 21, 1984 were presented and, on motion by Councilman Lerman, seconded by Councilman Amlicke', were unanimously approved as corrected. -9-