HomeMy WebLinkAbout1985_02_27 Town Board Regular Minutes 401
MINUTES OF THE REGULAR MEETING OF THE TOWN
BOARD OF THE TOWN OF MAMARONECK, HELD ON
THE 27TH DAY OF FEBRUARY 1985 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 Deputy
Supervisor Caroline Silverstone at 7:45 P.M. in the Auditorium.
Present were the following:
Deputy Supervisor Caroline Silverstone
Councilman Lee H. Bloom
Councilman Thomas R. Amlicke
Councilman Lawrence A. Lerman
Supervisor Dolores A. Battalia was not in attendance at this meeting.
Stephen V. Altieri, Town Administrator and Steven M. Silverberg,
Counsel to the Town, were also present.
On motion by Councilman Bloom, seconded by Councilman Amlicke, it
was unanimously
RESOLVED, that this Board recess into
Executive Session in the Council Room
to discuss matters of litigation.
The Board discussed litigation matters in progress, relating to the
Police Commissioner. Thereafter, on motion by Councilman Bloom,
seconded by. Councilman Lerman, it was unanimously resolved to adjourn
the Executive Session at 8:13 P.M.
CALL TO ATTENTION - Location of Exits
Deputy Supervisor Silverstone pointed out to those assembled the
location of exits in the Auditorium as required by law for public
gatherings.
RECONVENE REGULAR MEETING
At this time, on motion duly made and seconded, it was unanimously
resolved that the Regular Meeting be reconvened.
In addition to the Board members, the Administrator and Town Counsel,
the following were also in attendance at this meeting:
Dorothy S. Miller, Town Clerk
Carol A. Acocella, Deputy Town Clerk
George Derderian, Assessor
William Paonessa, Building & Plumbing Inspector
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PUBLIC HEARING: Proposed Local Law re Parking Lots
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 Publication
and Posting of the Notice of Hearing.
Counsel to the Town, Steven Silverberg, was asked to read the contents
of the proposed Local Law. Deputy Supervisor Silverstone spoke of
the recommendation that all types of parking permits begin June 1st
and have a May 31st expiration date, to which there were no objections.
Mrs. Silverstone emphasized that the wording of the proposed Local
Law is to be addressed first and the matters of fees second, and
procedures for issuing permits third. Deputy Supervisor Silverstone
read into the record the letter received from Joseph R. Scharak of
2 Washington Square indicating his opposition to any change in the
current procedure for issuing the parking permits and the letter
received from Charles and Evelyn McCarty of 16 North Chatsworth
Avenue expressing their opposition to any increase in fees. She
then asked if anyone wished to address the Board, either in favor
of or against this Local Law.
Melissa Karl Lam, 172 Myrtle Boulevard, questioned certain wording
in the law and both Mr. Silverberg and._Councilman Bloom responded.
On motion by Councilman Amlicke, seconded by Councilman Lerman,
it was unanimously
RESOLVED, that the Public Hearing be, and
is hereby is, declared closed.
Thereafter, on motion by Councilman Bloom, seconded by Councilman
Lerman, the following resolution was adopted by unanimous vote of the
Board:
WHEREAS, this 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.
1-1985 and has heard all persons desiring
to be heard thereon;
NOW, THEREFORE, BE IT
RESOLVED, that this Board does hereby
adopt Local Law No. 1-1985 entitled
"Parking Lots," and orders that said
Local Law as so amended, adopted and
herewith inserted, be made a part of
the minutes of this meeting:
(see page 3)
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403
LOCAL LAW 1-1985
PARKING LOT
Purpose:
This Local Law if for the purpose of amending Chapter 54 of the
Code of the Town of Mamaroneck originally adopted December 20,
1967 which shall be amended to read as follows:
Section 54-4 Hours of Permitted Use
The hours of permitted use of Lots #1, #2 and #3 shall be
established by the Town Board of the Town of Mamaroneck by
resolution from time to time.
Section 54-5 Special Parking Permit Areas
a. The Town Board shall from time to time, by resolution,
designate certain areas within parking lots #1, #2 and #3
for overnight parking, daytime parking and/or 24-hour
parking as the needs of the community require from time
to time upon the recommendation of the Traffic Committee.
b. The Town Board shall from time to time set the fees and
duration for permits which may be permitted pursuant to
paragraph (a) above.
Section 54-7 License Application
Application for an automobile permit and decal sticker shall
be made to the Town Clerk upon such form as is provided by
the Town. The fee and duration of such permit and decal
sticker shall be set by resolution of the Town Board from
time to time. Yearly permits are valid as follows:
Daytime Parking from June 1 to May 31
Overnight Parking from June 1 to May 31
24-Hour Parking from June 1 to May 31
All other permits shall be issued pursuant to Town Board resolution.
Section 54-7.1 Other Fees
a. Daytime (resident) Lot #1 fee shall be set from time to time
by the Town Board.
b. The Town Board shall determine by resolution from time to
time the rates for permits for Senior Citizens.
Section 54.14 Penalties for Offenses
Any persons violating any provision of this ordinance other than
those set forth in Section 54-13.1 shall be deemed guilty of
an offense and upon conviction thereof shall be fined in
amount not to exceed $10.00. Each day such violation is
committed or permitted to continue shall constitute a separate
offense and shall be punishable as a separate offense.
Severability
Should any section of this Local Law be determined by a Court of
competent jurisdiction to be unconstitutional or otherwise illegal,
such finding of unconstitutionality or. illegality shall not
invalidate any other portion of this Local Law.
Effective Date
This Local Law shall take effect immediately.
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404
At this time the matter of the fees was taken up and the
following persons addressed the Board: Virginia Scully, 17
North Chatsworth Avenue, questioned the proposed increase in
the senior citizen fee and recommended a more appropriate fee;
Mary Carlson, 17 North Chatsworth Avenue, stated that the increased
fees would be appropriate if the permit holders could be assured
of better lighting, security, and trimming of trees and shrubbery;
and Richard Mari, representing the Town's Traffic Committee,
clarified the reason for the recommendation of a 10% senior
citizen discount.
The recommendation to create additional daytime permit spaces by
removing meters was also discussed. The Board members did not
object to this suggestion.
During the discussion Hannie Corten and Michael Marcellino, both
of 17 North Chatsworth Avenue requested that more 24-hour parking
spaces be allocated and the Deputy Supervisor asked Mr. Mari to
convey that request to the Traffic Committee for reconsideration.
Councilman Lerman agreed that the 10% senior citizen discount was
meager and proposed to incorporate Mrs. Scully's recommendation
into the fee schedule. Thereafter on Councilman Lerman's motion
which was seconded by Councilman Amlicke, it was unanimously
RESOLVED, that the schedule of fees for
for Overnight parking in Lots #1, 2 and
3; 24-Hour parking in Lot #3 and Daytime
parking in Lots #1 and 3 be, and it hereby
is, adopted as set forth herebelow,
effective June 1, 1985;
OVERNIGHT
1 Year 1/4 Year
Regular $100.00 $ 30.00
Senior Citizen 60.00 30.00
.24-HOUR
1 Year 1/4 Year
Regular $175.00 $ 52.00
Senior Citizen 125.00 52.00
DAYTIME
1 Year 1/4 Year
$150.00 $ 45.00
and be it further
RESOLVED, that this Board hereby authorizes
that the 5� meter rate be raised to 25�_;
and be it further
RESOLVED, that this Board hereby authorizes
that eleven (11) of the existing two-hour
metered spaces (#65-#75) in Lot #3 be
converted to daytime permit parking spaces
and that the meters be removed.
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405
The subject of how to issue the permits was addressed at this
time and the Town Clerk's and Administrator's recommendations
were presented. Some discussion ensued during which Harold
Eisner, 14 North Chatsworth Avenue, addressed the Board urging
the continuance of the current procedure. Mrs. Leslie Bennetts,
Jonathan Richards, Amy Alton and others also spoke about
allowing on-street permit parking; commuters using spaces in
and around the apartment buildings; the need for the parking
problem to continue to be studied; the need for more 24-hour
spaces; and alternate procedures for issuing the permits. The
discussion continued with Board members answering various questions
and indicating their preferences on the subject. Thereafter, on
motion by Councilman Bloom, seconded by Councilman Amlicke, it
was unanimously
RESOLVED, that all Overnight and 24-Hour
Parking permits which expired on December
31, 1984 and were previously extended to
February 28, 1985, will be hereby further
extended without additional cost to
May 31, 1985;
and be it further
RESOLVED, that the Town Clerk is hereby
authorized to maintain the current
procedure for issuing Overnight, 24-
Hour and Daytime parking permits by
noticing all permit holders six (6)
weeks in advance of the expiration
date, advising that prompt response
with the correct payment within a three
(3) week period will ensure continuance
of the space;
and be it further
RESOLVED, that the issuance of quarterly
permits will only be done in person at
the Town Clerk's Office.
At this time Duputy Supervisor Silverstone assured that the parking
problems will continue to be studied by this Board, the Traffic
Committee and the Police Department and advised that the next
Traffic Committee meeting, which is a public meeting, will be held
on Tuesday, March 5th in this same room at 7:30 P.M.
At this time the order of the agenda was changed and the following
was taken up.
PUBLIC HEARING: Proposed Local Law re Veterans Tax Exemption
On motion by Councilman Lerman seconded by Councilman Amlicke, it
f 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.
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407
LOCAL LAW NO. 2 of the year 1985.
A local law in relation to the alternative veterans ' exemption
from real property taxation.
Be it enacted by the Town Board of the Town of Mamaroneck
as follows:
Section 1. The purpose of this law is to provide that no
exemption from real property taxes shall be granted
pursuant to Section 458-a of the Real Property Tax
Law of the State of New York.
Section 2. Pursuant to the provisions of subdivision 4 of
section 458-a of the Real Property Tax Law of the
State of New York, no exemption from real property
taxes shall be granted pursuant to section 458-a of
the Real Property Tax Law for purposes of real
property levied for the Town of Mamaroneck.
Section 3. This local law shall take effect immediately
upon its filing with the Secretary of State.
PUBLIC HEARING: Proposed Local Law re State Building Code
On motion by Councilman Amlicke, seconded by Councilman Lerman, 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 and the Town Counsel, Mr.
Silverberg reviewed the provisions of the proposed Local Law.
Building Inspector, Mr. Paonessa commented further on the proposal
and. referred to all fees being placed in a fee schedule, separate
from the Local Law, so they can be updated from time to time
without revising the local law.
Mary Carlson and Mrs. Dimitriadis addressed the Board on this
matter.
On motion by Councilman Lerman, 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 Councilman
Lerman, the following resolution was adopted by unanimous vote of
the Board:
WHEREAS, this 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.
3-1985 and has heard all persons desiring
to be heard thereon;
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408
NOW, THEREFORE, BE IT
RESOLVED, that this Board does hereby
adopt Local Law No. 3-1985 entitled
"Building Code of the Town of Mamaroneck,"
and orders that said Local Law as adopted
and herewith inserted, be made a part of
the Minutes of this meeting:
(see Local Law No. 3-1985 inserted
in this set of minutes)
Thereafter, on motion by Councilman Bloom, seconded by Councilman
Amlicke, it was unanimously
RESOLVED, that this Board hereby adopts
the schedule of fees with respect to
the Building Code as annexed hereto.
(see attached Schedule of Fees following
Local Law..No. 3-1985)
PUBLIC HEARING: Proposed Local Law re STOP SIGN-Glenn Road and
Valley Road
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 Publication
and Posting of Notice of Hearing.
Richard Mari, representing the Traffic Committee explained the
reasons for the recommendation to install the proposed stop sign.
Susan Levy, 57 Valley Road, and Neal Noble,. 58 Valley Road, spoke in
favor and strongly urged the installation of the sign.
After some discussion, Deputy Supervisor Silverstone suggested the
Hearing be held over to give the Police Commissioner an opportunity
to review the matter and look at the intersection.
Thereupon, on motion by Councilman Amlicke, seconded by Councilman
Bloom, it was unanimously
RESOLVED, that this Board hereby adjourns
the Public Hearin g on e thproposed Local
P ro P
Law regarding a STOP SIGN at Glenn Road
and Valley Road until the Regular Meeting
of March 20, 1985.
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LMc L L..:�; :,t�_ 3 1985 �}�
91
"Local Law for the enforcement and administration
of the New. York State. Uniform Fire Prevention
and Building Code"
Section 1. Purpose
This local law is adopted for the purposes of implementing the administration
and enforcement of the New, York State Uniform Fire Prevention and Building Code.'
Section 2. Building Inspector
(a) The Town Board shall appoint. a Building Inspector who shall be 'either an
<architect, 'engineer, or person who has qualified according to the rules *and regu-
,Iations for Civil S.ervice. in the County of -Westchester and who shall serve. and
hold. office at the pleasure of the Town. Board.
(b) The Town. Board shall appoint, from time to time, such deputies and assis-
Cants to the Building Inspector as may be deemed, appropriate, who shall also serve ` .
..at' the pleasure :of the Town Board and who shall act in the place and stead of the
"-Tuilding Inspector in Ms absence.
(c) The Building Inspector shall have all powers, duties, and authcrity
. <:.provided for n To;.n Law Section 138 and the other provisions. of State Lae- and
:znny'.other Tc,;s, 'ordirances, codes', or regulations of the To;•:n of Mamaroneck.
2-Section 3. Depart ent Records and Reports
(a) The Building Inspf ctor shall Ikeep per:-,--.anent official records of a1
transactions and activities conducted by him, including all applications re
tCeived, plans approved, permits and certificates issued, fees charged and col
'°lected, inspection.reports,. all rules and regulations promulgated. by. him
with the
consent of the Town Board, and notices and orders issued.. All such records
shall be public records open to public inspection during normal business hours.
..All plans- and records pertaining to buildings _.or-.structures or appurtenances -
:;thereto shall be retained as long as the building or structure referred to in
+sueli ..p:lans and records is in existence..
(b) The Building Inspector shall, annually, submit to the. Town Board a
�•:ritten report and summary of all business conducted by the Building Department,
in.cauding approvals, permits and certificates issued, fees collected, orders and
notices promulgated, inspections and tests inade, and appeals or litigation Pend-
;_ng ..or concluded.. .. <
Section 4. Application for Building Permit
41 0
(a) No person, firm, or corporation shall commence the erection, construction,
enlargement, alteration, improvement, conversion, or change in the nature of 'the
occupancy of any building or structure, or cause the same to be done, without
first obtaining a separate building permit from the Building Inspector for each
such building or structure* except that no building permit shall be .required for
the. performance- of ordinary repairs .which are not structural. in nature.
(b) :Ordinary repairs shall not include the cutting away of any wall, par-
tition, or portion thereof, the removal or cutting of any structural beam or
bearing support, the removal or change of any 'means of ingress or egress, . or
the rearrangement of parts of a structure affecting exit requirements. .
(G) Applications for a building permit shall be made to the Building Inspec-
tor on forms provided by .the Building Inspector and shall contain the follow-
Ing information:
(1) A survey showing the map reference, the dimensions, locations
with reference to any streets adjoining said property on which the proposed
work is to be done and the location thereon of all existing and proposed struc-
tures included in the application.
(2.; A statement of the vise and occupancy of all parts of the land and
of the building or structure. .
(3) The estimated total cost of the entire proposed work.
(4) The full name and address of the oTaner and of the applicant, and
the names and addresses of their responsible officers, if any of them is a
corporationi, and the name and address of the owner's authorized agent, if any.
(5) A brief description of the work proposed to be done.
(6) Plans and specifications in triplicate asset forth in (d) of
'this section.
(7) Such other information- as may be required by the -
Building Inspector to establish and determine whether the proposed work complies
with the requirements of the applicable building laws, ordinances, and regu-
lations.
(8) Applications shall be made by- the owner or lessee, or the agent
of either, or by the architect, engineer, builder, or contractor employed in
connection with the proposed work. Where the application for a building permit
is made by a person other than the owner, it stall be accompanied by an affidavit
r
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of the owner that the proposed work :is authorized by the owner and. that the
applicant is authorized to make such application..
(d) Each application for a .building permit .shall be accompanied by three
sets of plans. and specifications (except in all cases involving buildings
and structures to. be occupied as one-family residences, only two copies will
be required),. including a survey drawn to scale -showing the location and size
of all proposed construction, all existing structures on the site, the nature
and character of the work to be performed and the materials to be used, distance
'from lot lines, the relationship of structures to structures on adjoining
property, the widths and grades of adjoining streets, walks, or alleys, :
and where required by the Building Inspector, details -
of .computations, stress
diagrams, and other essential technical data. The seal ,of a licensed archi-
tect or a licensed professional engineer shall be affixed to said plans. The
Building Inspector may waive the requirements for filing plans and .specifica-
tions for minor alterations and issue a building permit so stating. . The
Building Inspector may waive the requirement for filing plans in case the
cost of construction is less than $500.00. Amendments to the application or
to the plans and specifications accompanying the same may be filed at any
time,. prior to the com_nencement of any work which varies from the plans and .
specifications approved by the Building Inspector. Any such `amendment or
change ir, the plans must be approved by the Building. Inspector in writing
prior to the commencement of said work.
Section 5. - ?ssuance of Building Permit
(a) The Buil-dirig Inspector shall examine or cause to be examined all ap-
plicationsJor permits and the plans, specifications, or other documents
filed therewith. All applications shall either be approved or disapproved
within a. reasonable. time.
(b) -Upon approval of the application and payment of the appropriate fees,
all sets of plans and specifications shall be endorsed with the work "Approved"..
One set. of approved plans and specifications shall. be retained in the files of
the Building Department, one set shall be returned to the applicant together.
with file building permit and shall be kept at the building site, open to in-
spection by the Building Inspector or his authorized representative .at all re
a-
sonable tunes. The third set .(if any) of plans and specifications. shall remain
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with the Building .Inspector. for the use of any other department 'of the Town.
(c) If the application, together with plans, specifications, and other
documents filed therewith; describe proposed work which does not conform to
all of the requirements of .the applicable building and zoning regulations.,
the Building Inspector shall disapprove the same in writing. -Applicant may
then appeal any such decision in accordance with the provisions of the Zoning
Ordinance and the -provisions of this Code.
Section 6, Performance of Work under Building Permit
(a) .A.building permit shall be effective.to authorize the commencement
of work in accordance with the application, plans, and specifications on which.
it is issued for a period of one (1) year after the date, of its. issuance._ The
Building Inspector may, for good cause shown, allow a maximum of two (2) ex-
tensions of the building permit for a period not exceeding six. months for
each extension. However, any application for an extension of a building per-
mit must be made prior to the expiration of the original permit or any exten-
sion thereof,
(b) The issuance of the building permit shall constitute authority to
the applicant to proceed with the work in accordance with the approved plans
and specifications and in accordance with the applicable .building laws, ordi-
nances., or regulations. All work shall conform to the approved. application,
p uns, and specifications except that no building permit shall be valid inso-
far as it authorizes the performance of work or the use of materials which are
not in accordance i.74 the requirements of the applicable building regula-
tions and zoning ordinances.
Section 7. Revocation of Buildino, Permit
The Building Inspector may revoke a building permit theretofore issued
and approved in the following instances;
(a) 'Where he finds that there has been any false statement or misrepre-
sentation as to a material fact in the application, plans, or specifications
on which the building permit was based: .
.(b) Where he finds that the building permit was issued in error and
should not have been issued in accordance with applicable provisions of law.
(c) Where he finds that the work performed under the permit is not being
prosecuted in accordance with the provisions of the application, plans, or
specifications.
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(d) [There the person to whom a .building permit has bee n issued fai'1s
or refuses to comply with a Stop Order issued by the Building Inspector.
(e) Where. the person to whom a building permit has been .issued fails
or refuses to allow ahe ..Building ,Inspector ..and/or his designated .Deput-ies
entry onto the building or property .for the purpose of inspecting the work
during reasonable working hours.
Section 8, Stop Orders
Whenever the Building Inspector has reasonable grounds to believe that
work on,any building or structure is being prosecuted in violation of the
provisions of the State .Building Code, this local law, or other applicable
ordinances, rules or regulations, or not in conformity with the provisions
of an application, .plans, or specifications on the basis of which a build
ing permit was issued, or in an unsafe and dangerous manner, the Building
Inspector shall notify the owner of the property-or the owner's agent to
suspend all building activities until the Stop Order has been rescinded or
modified. Such order and notice shall be in writing, shall state the condi-
tions under which the work may be resumed, and may be served upon the person
to whom it is directed.-either by delivering it personally to that person, or
by posting the same.upon a conspicuous portion of the building where the cork
is being performed and sending a copy of the same -to him by certified mail
at the address set forth in the application for permission for the construe
tiom of such building.
Section 9. Right of Entry
The Building Inspector and such deputies and such assistant building
inspectors as may be appointed by the .Town Board; upon showing the
proper credentials and in the discharge of their duties, shall be permitted
to enter upon .any_ building., struct=ure, or premises without interference
during reasonable working hours.
Section. 10. Certificate of. Occupancy
(a) No building hereafter erected shall. be used or occupied in whole or
in part until a Certificate of Occupancy shall have been- issued by the Build-
in- Inspector. . .
(b) No building hereafter enlarged, extended, or altered,' or upon which
other work has been performed which required the issuance of a building per
mit and which has been occupied during such enlargement., extension, 'altera-
tion or .other work, shall be occupied or. used for more than. thirty (30)
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_
days after the completion of the alteration or 'other work unless a Certifi
cate of .Occupancy 'shall have been issued by the; Building Inspector*
(c) No building hereinafter enlarged, :extended, or altered or upon which
other work has been performed 'pursuant to a building permit may be 'occupied,
unless occupied during the work being performed as provided in Subsection (b)
above until such .time as a Certificate of Occupancy shall have been issued..
by the Building Inspector.
(d) No change shall be made in the use of an existing building unless
a Certificate of Occupancy authorizing such new use shall have been issued
by the. Building. Inspector.
Section 13. " Inspection Prior to Issuance of Certificate" of Occupancy
(a) The owner or his agent shall make application for a Certificate of
Occupancy. Accompanying this, application and before the issuance of a Certi-
ficate of Occupancy, there shall be filed with the Building Inspector an
affidavit of the registered architect or licensed professional engineer who
filed the original plans, or of the registered architect or licensed proles-
sional engineer who supervised the construction of the work, or of the super-
intendent ofE construction who supervised the work, and who, by reason of his
experience, is qualified to superintend the. work for which the Certificate
of Occupancy is sought'. This affidavit shall state that the deponent has
examined the approved, plans of the structure for which a Certificate of Occu-
pancy is soug},t, that the structure has been erected in. accordance with ap-
proved plans, and as erected, complies. with all laws, rules, and regulations .
governing building construction, or as varied by a variance which has been
legally authorized. Such variances .and qualifying conditions .imposed there- .
with, if any, shall be specified in the affidavit.
(b) In instances where the Building Inspector has determined (pursuant
to Section 4 (d) of this local law) that a requirement for filing of .plans
shall be waived, then the owner or contractor performing the work for the
owner to whom the permit has been issued shall submit an affidavit as is set_
forth in Subdivision (a)` hereinabove.
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(c) No Certificate of. Occupancy .shall be issued for any new construc-
tion where., as "part ,of the permit, it is required -that the building or other
structure be located on the property for the purpose of demonstrating com-
pliance with such setback requirements of the Zoni
ng. Ordinance, unless and
until an "as built" survey is submitted, signed and sealed by a surveyor
licensed in the State of New York showing the location of the building or
other structure on the -property and the distances of the building or other
structure from property lines or other structures as may be required by the
Zoning Ordinance to demonstrate compliance with setback requirements in the
Zoning Ordinance -of- the' Town-of Mamaroneck. No Certificate of Occupancy
shall be issued until such survey has been reviewed by the Building Inspector
and the Building Inspector has determined that, according to such certified
survey, the building or other structure complies with all requirements for-
setback,-set forth in the Zoning Ordinance of the Town of Mamaroneck.
(d) Before issuing a Certificate of Occupancy, the Building Inspector
hshall examine or cause to be examined all buildings, structures, and sites
! for t.hich an application .has .been filed for a building permit to construct,
enlarge, alter, repair, or change the use or nature of occupancy, and may
conduct such inspections as are dee-med appropriate from time to time during
and .upon completion of the work for which a building permit, h.as been issued.
There shall be maintained in the Building Department a record of all such
examinations. and inspections, together with a record of findings of viola- _
tions of the lava.
` Section 12 . Issuance of . Certificate of Occupancy
i
- (a) ZJhen and after final inspection it is found that the proposed work
has been completed, in accordance with the applicable laws, or rules
and regulations, and also .in accordance with the application, plans, and
specifications filed in connection with the issuance of the building permit,
the Building Inspector shall issue a Certificate of .Occupancy upon the form
provided by him. If it is found that the proposed work has not been properly
completed, the Building Inspector shall not .issue a.Certificate of Occupancy
and shall order the work completed in conformity .with the building permit, and-
in cynformity with the- applicable building regulations.
(b) .A Certificate of Occupancy shall be issued.: where appropriate within
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thirty (30) days after written application therefore. is made. :;
(c) The Certificate of Occupancy shall certify' that the work has been com
pleted and that the proposed use and occupancy. is in conformity with the.pro
visions of the applicable building laws,. ordinances, rules and regulations
and shall specify the .use ,or uses and the extent thereof to which the build-
ing or structure or its several parts may be put.
Section 13. : Temporary Certificate of Occupancy
Upon request, the Building Inspector may issue a temporary Certificate of
occupancy for a building or structure, or part thereof, before the entire work
covered by the building permit shall have been completed, provided such por-
tion or portions as.have been completed may be occupied safely .without endan-
gering life or. the public health or welfare. A temporary Certificate of Occu-
pancy shall remain effective for .a period not exceeding three (3) months. from
its date of issuance. For good cause, the Building Inspector may allow a
maximum of two (2) extensions for periods not exceeding three (3) .months each.
Section 14. Tests
Whenever there are reasonable grounds to believe that any material, con-
struction: equipment, or assembly does not conform with the requirements of the
appl.icabl_ buildin lass, ordinances, or regulations, the Building Inspector
may require-the same to be subjected to tests in order to furnish proof of
such compliance. Any such tests required by the Building Inspector shall be
performed at the expense of the applicant.
Section 15'. Liability for Actions
No member of the Town Board, or any representative, board or commission
appointed by the Town Board, or the Building Inspector, or their subordinates,
acting in good faith and without malice, shall be liable for damages by tea-
j son of anything done in any action-or proceeding instituted under any provi-
sion of this local law or by reason of any act or omission
in the .performance
of their official duties.
Section 16.. Penalties for Violation
(a) It shall be unlawful for any person, firm, or corporation to construct, .
altar, repair, move, dema.l.ish, equip, use, occupy, or maintain any building, or
structure or portion. thereof in violation of any provision of this local law
or to fail in any manner: to comply with a notice, directive, or .order of the
Building Inspector. , or to construct, alter:, or use and occupy any building or.
structure or part thereof in a manner not permitted by an approved building
- 8 -
permit -.or Certificate.,of.Occupancy,
171.
(b) Any person. who shall fail .to comply with a written order of the Build'uild Inspector within the tune fixed for compliance therewith, and any .owner,
-
builder, .architect, tenant, contractor, subcontractor, construction superin-
tendent, or their agents or any other person taking part or assisting in the
construction or use of any building, who shall.violate any of the applicable ro
P
visions of this local law, or any lawful order, notice, directive, permit, or
certificate of the Building Inspector made thereunder, shall be guilty of a
misdemeanor, which. shall be punishable by a fine -of not more than Five Hundred
($500.00) Dollars or: thirty (30) days in jail, or both. Each day that a viola-
tion continues shall be deemed a separate misdemeanor.
(c) Any violation of this local law is a misdemeanor. Such violation
shall also subject any person violating the same to a civil penalty in the
sum of One Hundred ($100.00) Dollars, recoverable in a civil action brou ht
g
by, or on behalf of, the Town of Mamaroneck. . j�Then a violation of an art
Y P
of .the provision- of this local law is continuous, each twenty-four (24) hours
thereof shall constitute a separate and distinct violation.
(d) -Appropriate actions and proceedings may be taken at law or in equity
q y
to prevent unlawful construction or to restrain, correct, or abate a viola-
tion or to prevent illegal occupancy of a building, structure, or' premises
or to prevent illegal acts, conduct
or business in or about any premises; and
these remedies shall be in addition to the penalties prescribed in the
pre-
ceding Section.
Section 17. Schedule of Fees
Such fees shall be charged as are, from time to time, adopted by resolu-
tion of the Town Board for the issuance of permits and Certificates of .Occu-
pancy and for inspections.
Section 18. Existing Encroachments
Pirts of buildings which already project beyond the building line may
be maintained as constructed, provided the Building Inspector of the Town of
Mamaroneck has
..certified that the maintenance of such encroachment shall nqt .
in any way endanger the public or adjoining properties.
- 9 -
. .' Section 19. .. Wood Shingles,
. "�.
The use of wood shingles, on roofs and parapets is. expressly prohibited
on any and all buildings intended for. human occupation anywhere wit in the
Town The.only exceptions. are public sheds in public parks and such other
., structures as the Town Board may, after public notice and hearing, permit in
..Special or exceptional cases which do not endanger public health or safety:
Wood shingles are permitted, however, as siding on single family dwellings
and as siding on one- and two-story attached, fire separated, single -family
dwelling units.
Section 20. Electrical Control
Since there is danger to':-life and property .inherent in the use of elec-
trical.energy; this local law shall regulate the design, installatio , altera- .
.tion, replacement., maintenance, repair, and. i.nspection of wiring for electric
-light, power, heat, signal systems., and other uses operating in exce s of
fifty (50) volts and the installation of all electrical equipment and apparatus
i
. i
10 -
. .
' . operating in excess of fifty (50) volts located in or on any real property in
the Town of .Mamaroneck, County of Westchester, State of New York. .
i (a) National Code adopted. All electrical installations heretofore men
tinned shall.be made in conformity with the requirements of the National ,
Electrical Code except when the provisions of this local law or any other local
law, ordinance, or building code of the Town of Mamaroneck shall prescribe dif-
ferently, in which event compliance with the provisions of such local law,. ordi-
nance, or building code shall be recognized as proper compliance with this
local law. The requirements of .the National Electrical Code shall be those .
known as "National .Fire Protection Association Pamphlet NO. 70,11 as approved
and adopted by .the .American Standards Association.
(b) Inspector. .The Chief Inspector and each of the duly appointed Ins pec-
tors. .of the New York Board of Fire Underwriters Electrical Bureau are hereby
..authorized and deputized as agents of the Town of Mamaroneck to make inspec-
'tions and reinspections of all electrical installations heretofore and here-
after described and to approve or disapprove the same: In no event, however,
will the cost or expense of such inspections and reinspections be a charge
against the Town of Mamaroneck. Whenever reference is here;_nafter made to the
"Inspector," such reference shall be to the aforesaid. Chief Inspector or to
any of said duly appointed Inspectors of the New York Board of Fire Underwriters.
(c) Duties of the Inspector. It shall be the duty of the Inspector upon
making an inspection or reinspection of any electrical installation in or on-
real proper_t_v in the Town of Mamaroneck to issue a written report to the Build
ing Inspector, whose duty it shall be to enforce all the provisions of the
Electrical Code. The Inspector shall make inspections and reinspections of
electrical installations, devices, appliances, -and equipment in and on proper
ties in the Town of Mamaroneck upon the written request of an authorized
Official of the Town of Mamaroneck, upon the written request of the owner of .
a building in the Town of .Mamaroneck or his electrical contractor, or upon his
own volition. In the. event of an emergency, it is the duty of the Inspector
to make electrical inspections upon the oral request of an authorized official
of the Town of Mamaroneck. 'It shall be the duty of the Inspector to furnish
written reports of all inspections to the Building Inspector or to the proper
_ .
officials of the. Town of Mamaroneck and to the owners audfor lessees of property-
where defective electrical installations and equipment are found upon inspection.
42�.
He shall authorize the issuing of a`certificate of, compliance when electri
cal
installations and equipment are in conformity with the Electrical Code. He
shall send a copy of said certificate .of compliance to the Clerk .of the Town
of Mamaroneck, to the owner, lessee or electrical contractor involved 'or to
any official designated to receive such certificates or reports.
.(d) Violations of the code
(1) It shall be a violation of the Electrical Code for any person,_,
firm, .or corporation to install or cause to be installed- or to alter or repair
electrical wiring for light, heat, or power.in or on properties, in the Town. of
Mamaroneck until an application for
inspection P ectio has been filed with the hTew
York Board of-Fire -Underwriters. It shall be a violation of' the Electrical
Code for a person:, .firm, or corporation to connect or cause to be connected
electrical wiring for light, heat, or power in or on premises in the.Town of
Mamaroneck to
any source of electrical energy supply :prior to the issuance
of a temporary or_ a final certificate of compliance by the New York Board of
i
Fire. Underwriters Electrical Bureau.
(2) Any person, firm, entity or corporation, ' and/or principal of a
corporatioz. fcnr.d to be
in violation of any provision of this local law shall
be guilty of an offense and, upon conviction thereof, be fined in an amount
not exceeding two hundred fifty dollars ($250.00) for each violation and/or .
up to fifteen (15) days imprisonment for the active officer. Each week in
which such violation shall continue shall be deemed a separate offense.
i
(3) In the event that any .person, firm, entity or corporation, and/or
principal of a corporation shall continue a violation, and the Town Board
shall make a finding that such violation is detrimental to the health, safet
Y�
or general welfare of the inhabitants of the Town, then the Town Board may
direct the Town's Attorney o apply
Y . to_ the Supreme- Court -for relief, directing .
that the violation be corrected or removed and that all costs and expenses `
incurred by the Tom of Mamaroneck in connection with such proceeding, in-
cluding the actual cost ..of correction or removal of the condition causing
the violation, shall be assessed against the offender and shall be added to.
i
the next year's tax. roll and become a lien against said property. The Town
Board. may direct, by resolution, that .the To may correct violations. creat-
ing emergency conditions of danger by forthwith entering the property and
correcting the violation and assessing the cost of same to the violator as
set forth above.
- 12 -
2 : .
(e) Code not applicable in certain cases. The provisions of: the Elec-
trical Code shall not apply to electrical installations in-railway cars, .auto-
motive equipment, or the installations or equipment employed by a railway, ' .
electrical, or communication utility in the exercise of its function as -such
utility and located outdoors or in buildings used .exclusively for that purpose.
The Electrical Code shall not apply to any work involved in the manufacture,
assembly, test or repair of electrical machinery, apparatus, materials and
equipment by a person, firm, or corporation engaged in electrical. manufactur-
ing or repair as its principal business. It. shall not apply to any building
which is owned or leased in its entirety by the government of the United States
or the State of .New York.
(f) No waiver or assumption of liability. The Electrical Code. shall not
be construed to relieve from.or-lessen the responsibility,of any person own-
ing, operating, controlling, or installing any. electrical wiring, devices,
appliances, or equipment for loss of life or damage to a person or property
caused by any- defect therein, nor shall the Town of. Mamaroneck or the \e:r York
Board of Fire Underxr iters be deemed to have assumed any such liability by
reason of any inspection made pursuant to the Electrical Code.
Section 21. Outdoor Advertising Signs
(a) Definitions .
SIGN or SIGNS -- Any mater al or structure, or part thereof, composed of .
lettered or pictorial matter or upon which lettered or pictorial matter is
placed which is used outside of or on the exterior of any building for dis- .
play of an advertisement, announcement, notice, directional matter or name, and
includes signs, billboards; signboards, illuminated signs, or ground signs, but
does not include signs erected and. maintained pursuant to and in discharge
of any governmental function.
FRONT or FACE OF A BUILDING -- The general outer surface of the build-
ing abutting or fronting upon any street or public highway.
PROJECTING SIGN -- Any -sign which is erected or maintained over any
street, sidewalk, alley, or .highway within the Town .of Mamaroneck.
PERSON -- One (1) or more persons, corporations, partnerships, associa-
tions., Joint-stock companies, societies, and all other entities of any kind
capable of being sued.
BUILDING INSPECTOR or INSPECTOR OF BUILDINGS -- The Inspector of Build
- 13 - .
ings in the Town of Mamaroneck or other officer duly uthorized
y to perform .
his duties.
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.
STANDING SIGN -- Means a sign not attached to .a building.
(b) Permit required.
After the effective date of this local law and except as otherwise herein
provided, it shall be unlawful and a violation of this ordinance for any per-
son to erect, construct, paint, alter, relocate, reconstruct, display, or main-
Lain or cause to be erected, constructed, displayed, or. maintained within the
Town of Mamaroneck any sign or signs without -first having obtained a written
i
permit from the Building Inspector for such sign or signs and without having '
complied with the provisions of this ordinance.
(c) 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:
(1) A scale drawing showing the lettering and pictorial matter com-
posing the sign, a description of the construction details "of the sign struc"
tore, and the intensity and type of lighting to be provided; a location plan
showing the position of the sign on the building or premises; and such other
information as the. Building Inspector may require to show compliance with the
provisions of this ordinance.
(d) Unsafe and. unlawful signs:
(1) Whenever it shall appear to the Building Inspector that any sign
has been constructed on erected or. is being maintained in violation of any of
the terms of this ordinance. 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 ordinance
or the dangerous condition of such sign and directing him to make such altera-
Lion or, repair. thereto or to .do such things or acts as are necessary or ad- '
visable to place such structure in a safe, substantial, and secure condition
and to make the same comply with the requirements. of this ordinance within
14 -
such reasonable time as shall .be stated in such notice. Upon ,failu
re to com-
ply with such notice within the time specified, the .Building :.Inspector-.ma
cause such sio y
on or such part thereof as is constructed
' or maintained in viola-
tion of this ordinance .to be removed and may charge the expense of such re-
moval to the person so notified; provided, however, . that nothing herein con-
tained shall prevent the Building Inspector ldin p for from adopting suc
measures as h precautionary
may be .necessary or -advisable in case of :imminent dan er t
g o the
public or to adjoining property to place such sign in a safe condition, the
expense of which shall be paid by the owner. .
(2) every person maintaining a sign shall, upon vacatin the
where the. sign is maintained, forthwith remove such sign_ g- prerses
(e) Regulation Of.signs in .residential districts
In residential districts, as established by the .Zoning 'Ord"inance
of the
Town of Mamaroneck, no signs shall be erected or maintained,
except the
lowing:
P fol-
(1) Signs stating the name of the owner or occupant .of the
premises,.
or his profession or occupation, or the street number of -the premises, or
notice or vacancy of apartments.. Such signs are to be 'not .more than one (l
square =oot in area and limited to one (1) sign per lot or Plot located not
less than Five (5). feet back from the street line. NO permit ,re_quired.
(2) Signs advertising the sale or rental of property. on which they.
are located shall be not more than six (6) square f.eet. :in area. and limited t -
o
one (1) sign_ for each lot or plot and located on the building, or, if stand-
ing signs, located not less than the applicable minimum yard dimensions for
structures, as set forth in the Zoning Ordinance.
(3) .Signs advertising the sale of lots in a subdivision. approved b
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 dimensions for structure as set forth in the Zoning Ordinance.
(4) Signs giving the name of the person making alterations or re-
pairs to the premises upon which such sign is .erected, .but only during. the
= 15 -
424
period. of such repairs, shall he not more than. six (o) square feet".in area and
limited to one (1) sign for each lot or plot and located on the building, or,
if standing'sigrs, .located not Less than the applicable minimum yard dimen-
sions for structures as set forth in the Zoning Ordinance. No permit required.
(5) 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. No
permit required.
(6) Signs customarily incident to churches and .places. of worship..
(7) The signs listed in..this section must be located on the premises
to. which they pertain. There shall be no roof or.projecting signs.
(f) Regulation of signs in 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 folic :i:g provisions, but any sign permitted in a residential district
shall be permitted Ti. business and light industry districts:
(1) A sign attached to the wall of a building, which sign shall
advertise only the business conducted on the premises, may be placed only'
upon the front or face of.a building as defined in this ordinance, and must
be constructed and maintained flat or parallel with the building wall to
which it is attached, and shall not extend more than eighteen (18) inches
from such e-terior building wall.
-(2) The maximum vertical dimension or height of such sign as per-
mitted in Subdivision (1.),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 dimen-
sion 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
- 16 -
level of the floor of the second story, of.,the building upon which the
S
ign
is .placed or maintained; and no such sign shall extend beyond the
top or
ends of the building 'surf ace upon which it is placed or otherwise attached. .
More than one (1) sign for each business establishment is permitted, rov'
p lded
the. combined. signs do not exceed..the maximum
. limitations for a single sign
as herein prescribed.
(3) No roof sign shall be permitted in a business district or light
industry district,
(4) One (1) standing sign of overall outline area
of not more. than
thirt y (30) s I
quare feet per. sign which may refer to any single business enter-
prise. whose building, or part thereof, is seventy-five :(75) feet or loner
g
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.
(5) Signs mounted on a pylon, which is an integral part of a build
ino but not ccnstituting .a building wall, may be considered as, and substi=
tuted for, standiricr signs as permitted in 4
( ) above,- except that signs -on a .
Pylon shall- not extend beyond the top or edges of the pylon and the height of
i
the top. ol such signs shall not be higher than the height of the building
permitted under the Zoning Ordinance.
(6). Necessary. entrance or directional signs for required'
parking
areas not more than five (5) square feet in size located on the exterior
of the building, which shall be placed as provided for in Subsection 22(f) (1)
of this section. Such signs may also be standing signs but must be located
back of the street lines.
(7) 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 Subsection 22(f) (1) and (2) of this section, or, if standing, to be
mounted as provided for in Subsection 22(f) (4) of this section, but not less
than twenty-five (25) feet back .of the street line.
(8) No sign permitted under Subsection 22(f) (1) through (7) , in
elusive of this
section,,
shall 1 face any adjoining lot _in. a-residential zone. .
17
(9.) At the entrance of buildings with busines
above the first floor s establishments
name plates of uniform design and appearance at the
entrance. of each such building and not more than e i
. height ghteen (18) inches in
ma
y be mounted at the sides of such entrance, provided the
flat against the wall adjacent to the entrance. Y are placed
(10) signs. that otherwise comply with appropriate
this ordinance ma e subdivisions of
y bear either the name of the .proprietor of the. business
conducted, the nature of the business, the goods s
old or the services ren
dered on the premises, or' any or all of. them
(11) Signs that otherwise comply with the appropriate subdivisions
Of this ordinance may be attached flat and parallel upon the'
building and permitted to extend over a wall of the.
public sidewalk,.. alleyway, highway,..
or street, provided that such sign shall not .project m
inches from the face of . ore than eighteen (18)
the building, and, if illuminated, then shields, hoods,
or arms for such .illumination shall not
project more than two (2) feet from
the .building.
(12) Any sign now or hereafter existing whic h
a bona -F id no longer advertises .
_ b.uSiL?°Sg conducted or a
product sold shall be taken down and re-
moved b� the os�ner3 agent, or person having beneficial the
' use of the .build-
ing or structure a on which such si n mar
� g
} be found within ten (10) days after
written notification from the Building Inspector, and, upon fa
with suc}i no r, ilrre to comply.
ica within the time specified in such order, the
Building for is hereby authorized to cause removal of such. si n g Insgec-
dent thereto steal Sign and any expense inci-
1 b= paid by the owner' of the buildintr -
such si n is attached.. b or structure to �enich
g
(g) Regulations of signs in office building districts.
tricts.
No sign shall be erected or maintained in the Office $
OB-1 and OB-2 - uilding Districts., .
as established by the Zoning Ordinance
roneck, except the followin of the Town of Mama-
g, but any sign permitted in a residence district
shall. be permitted in office building districts:
(1) Signs announcing the name of the occupant o
building not more than thirt r occupants of the
Y (30) square feet in size and limited to one (:1)
for each building and located on the exterior of the
building.
(2) Standing signs, announcing the name of the occupant or
the building
g, erected oc
on the premises shall be
permitted as provided for
in Subsection 22(f) (4) of this as
except p that such standing signs
18 _
shall be not_ less than fifteen (15) feet from an. street treet line.
(3) Necessary entrance, exit, or'directional signs for required
quired
areas not more than five (5) square feet' in size located on the ex-
terior of the building, or standing signs, which standing signs must be back
Of the street line.
(4) No roof signs or projecting signs shall be e '
building in any office building district. P itte.d on any
(5) Name plates as provided for in .Subsection' 22 f
( ) (9) shall be
permitted.
(h) Illuminated signs, special signs and illumination of buildings..
(1) No illuminated signs shall be permitted in any residential -
districts.
(2) No exterior signs on any building or premises shal
pt 'on those 1 be illumi
ted after 12:00 midnight na-
exce places of business which shall remain
open after 12:00 midnight, and they shall be extinguished at the time of
Closing. of such business,
(3) Illuminated signs shall be nonflashing and shall em
ploy only
light sources thaw are so, located that no source of illumination is expose
exce t �', d,
P at neon signs or other exposed glowing glass-tube type, or
exposed-
light.-source tape signs.," or attachments that swing,. - ng, revolve or otherwise
move, or special fixture signs or devices, such as signs with clocks, barometers
thermometers or he
ot.��r moving indicators, and signs with 1
um'
1
noes gin
e P t or other
metallic sparkle type paint, existing as of the effective date of this ordi-
narce, shall be permitted. for the duration of their useful life, but i
event longer than five 5 n no
( ) years and shall not be replaced, If any signs
existing as of the effective date of this ordinance are of the flashing .
hing type.,
such signs so existing shall be removed or converted to a nonflashin
Sign which may then be permitted for the duration o g type of
f their useful life as so
converted, but in no event longer. than five (5)' years, and shall not
be
.replaced.
(4) 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.
(5) Signs having wholly or partly illuminated surfaces shall have
a maximum nighttime illumination level of twenty (20) foot candles measured
II
19 _ .
at a distance of twenty-five (25) feet at right ano '�
bles from the face of the
:. sign. .
(6) No ornamental lighting device attached to or used
with exterior in connection
paLt� of a building shall be permitted, except that any such
lighting device existing as of the date this ordinance .becomes
becomes effective may
continue for a period of thirty (30) days thereafter.
Nothing
this subdivision shall a contained in
l pply to the regulations for ill
lots and other umination of parking
spaces for the sale or -display of motor
vehicles and other.
goods and automobile washing establishments as contained in Section 25(a)
through Section 26, inclusive,. of the Building Code of the Town of
Mamaroneck.
(7) Except as specifically permitted in this ordinance, neon
or
s glowing glass-tube type lighting, .signs'with parts or attachments that swin
revolve or otherwise move s.'b g�
' ions with clocks
_ barometers, thermometers, or
other moving indicators, signs with .luminous paint or with metallic-sparkle
type paint, or other neon or glowing glass-tube type lighting, or .any. inter-
mittens or flashin g g g li htin on or about the exterior of a building
for any
purpose, is,prohibited.
(i) 'General safety provisions.-
{1) No signs shall be erected in such a manner as to obstruct
free
egress fr.oT any window,. door or fire escape, or so as to become a menace to
life, health, or property.
(2) All signs affixed to any wall or building shall be securely
fastened thereto.
(3) All signs illuminated by electricity shall conform with res e
p ct
. to wiring and appliances to the provisions of the Building Code of the Town of
Mamaroneck relating to electrical control.
(j) Variances. .
The Town Board of the Town of Mamaroneck may; in appropriate. cases
and
after public 'hearing and subject to appropriate conditions and safe card
guards,
vary or modify the application of the sign 'regulations prescribed in this
local law in harmony with the general purpose and intent as. followse
(1) Permit signs to be erected- or maintained which do not Comply
P Y
with the regulations her prescribed for business and light industry di
s-
tricts or projecting signs., provided the Town Board of the Town. of Mamaroneck
- 20
determines that the applicant is entitled to some relief and
: _ = that such relief
will not be detrimental to the nzzghborhood in which _tie
sign is :loc
aced.
(2) Permit standing signs to be erected and maintained upon P nt .
property or open unoccupied areas, provided, however, that such signs so er
P
mitted shall not exceed the equivalent of sign space allowed under the regula-
tions prescribed for the district within which the sign is located.
(3) 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 Town
Board of the Town of Mamaroneck for ren
ewa1.
The fo
regoing variance p ow
er s
shall not'
.be
deemed to. limit the general variance powers of the Town Board
of the Town of Mamaroneck allowed or provided for in the Buildin Code de of
the 'Town of Mamaroneck and shall be deemed in. addition thereto.
Section 22
Excavations '
(a) Temporary support.
Until permanent support has been provided, all excavations shall be
safe--
guarded and protected by the person causing the excavations to be made to
avoic
all danger of injury or property amae.
Y g
o Where necessary, such excavation-
shall be detained by temporary retaining :?alls, sheet piling and bracing,
or other ppr`.'ed method }
L o support the adjoining earth..
` (b) Examination of adjoining property.
Before any excavation or demolition is undertaken, permission to enter
upon adjoining property for_ the purpose of physical examination shall be af-
'forded by the owner and tenants of such adjoining property to the person under-
taking the excavation or demolition, prior to the commencement and at rea-
sonable periods during the progress of the work-
(c) notice to the Building Inspector.
If the person who causes an excavation to be made or an .existing structure .
to be demolished has reason to believe .that an adjoining structure is unsafe,.,
that person shall forthwith. report in writing to the Building- Inspector.
The
Building Inspector shall inspect p such premises, and if the structure is found
unsafe,. the Building Inspector shall order it repaired as provided in the
Town of Mamaroneck Unsafe Buildings Law.
(d) Responsibility of adjoining owner.
The person making or causing an excavation to be made shall, before
starting the work, give at least a one-week notice in writing to the owner of
- 21 =
430.
each neighboring building or structure, the safety of tghich .may be affected.
After receiving consent to enter. a building, structure, or premises, such per;
son shall make the necessary provisions
to protect it structurally and to` in-
sure it against damage by the. elements, which may ensue from such excavation:
If license to enter is not afforded, then the- adjoining owner shall have the
entire responsibility_of.providing both temporary and permanent support of
his premises at his own expense. For that purpose, the adjoining owner shall
be afforded permission, when necessary, to enter the property where the excava
Lion is to be made.
{e) Excavations for other than construction purposes.
Excavations made for the purpose of removing soil,.-earth, sand, gravel
rock, or. other materials shall be performed in such a manner as- will prevent
injury to neighboring properties or to the streets which adjoin the lot where
such materials are excavated and to safeguard the general public health and
welfare.
(f) o excavation may take place unless all permits required by lacy are
obtained.
_ 22 -
' 4:31 ,
Section 23. Family Swimming Pools "
(a) Definitions
For the purpose of this local law, the-terms used herein are described
as follows:
SWIMMING POOL '-- Any private pool, whether permanently constructed or
of the portable type, having a depth of more than eighteen (18) inches below
the level of the surrounding. land, or an above-surface pool, 'having a depth
of more than two (2) feet or an area of one hundred fifteen .(115) square feet
or greater, designed, used, and..maintained for swimming or bathing purposes. _
by An individual for use of members of his household and guests, whether
located. indoors or on the applicant's.land as an accessory use to a residence,
and shall include all buildings, structures, equipment'.. and appurtenances
thereto.
WADING POOL -= A portable or permanent pool, container; device, or strut-
ture mane=actured. and sold as a wading pool or play pool, or so placed upon
the ground that when filled with water, it is suitable for or is used as a .
swimming, :cading, or play pool for children and the depth of which is two
(2) feet or less.
(b) Conditions for accessory use.
(1) A swimming pool may be permitted in any zoning district only
as an accessory structure to a principal building used for residential pur-.
poses and shall be located on the same lot with the'-principal building. Said
pool shall be for the exclusive use of the occupants of the principal build-
ing and their guests.
(2) A swimming pool may be permitted in any zoning district when
said use is not an accessory structure to a principal building used for resi-
dential purposes only upon application to Zoning Board of Appeals in accord
with this ordinance.
..(c) Building Permits.
No person shall construct, build, erect, or enlarge a swimming pool until
he shall have .first obtained a permit therefor.
23 -
432
(d) Application for permit.
Each application for a building permit to construct, build, erect a
lter',
or enlarge a swimming pool shall be accompanied by plans, in sufficient det
ail
to show:
(1) Topographical survey of the property on which the pool is to be
placed, showing location of pool in .relation to all property lines and otli.er
buildings and appurtenances on the lot.
(2) Pool dimensions, depth, volume in gallons: cross sections.
(3) Waste disposal system.
(4) Pool -equipment showing details of filters, pump, chlorinator
strainers, hair and hint interceptors,
(5) Drains and drainage from pool structure to a sanitary sewer.
(6) Location of fence and screening around pool.
(7) .Estimate of cost of said pool.
(e) Requirements"for issuance of permit:
No permit shall be issued under the provisions of this Local Ia;a unless"
the proposed swimming pool or the alterations to an existing swimming pool
shall comply with the following requirements:
LOcation. The edge of any Swimming pool , deck, or walk s_naLh
not be constructed, installed,. located, maintained, or operated within:
a. Fifteen (15) feet of any side yard lot line, accessory
structur e -
p -
.inci.
r pal structure, or accessory structure attached thereto.
b. Twenty (20) feet of any rear lot line,
c. The required front or side..yards of any residential property.
d. Twenty-five (25) feet of a septic tank or, leaching 'field.
(2) Construction. All materials used in the construction of any
;swimming pool shall be of
durable .quality,q y, as determined by the Building In-
Spector, and waterproof, and so designed as to emptying and clean-
ing the bottom and sides of the pool. Pool sides shall be smooth and free
from cracks and open joints and be light in color. Inlets shall.be so located
and spaced as, to insure satisfactory dispersion of inflowing waters throughout
the pool. and to permit the draining, cleaning,
g and disinfection of the bottom
and sides. Sand, earth, or wooden bottoms are prohibited, They shall be so
constructed that the area adjacent thereto shall pitch away from the pool,and
the top of the o
. p of coping shall P g 11 be at least ttao (2) inches. above the surface.
of the area surroundirig the pool deck.
24. _
(3) Water supply. There shall be no cross connections between the
piping system of .a swimming pool ;and potable water system. If water is sup-
plied- from a .potable water system, :the inlet or fill pipe shall be located
at least six (6) inches above the overflow level of such pool.
(4) Drainage. There shall be provided at least one (1) metal-
grated outlet for the drainage of pool water through the use of the filter
pump or otherwise and for backwash water disposal. Such outlet shall have
an area of openings at least four... (4) times the cross-sectional area of the
required drainpipe, and the drainpipe shall be equipped with a gate valve.
located outside the walls of the pool. The drain outlet and drain piping
therefrom shall be of such size as to permit the pool to be completely drained
in a period of twelve (12) hours for private family-use pools, and of four (4)
hours for- other pools, but shall be not less than three. (3) inches in size.
(5) Enclosure. Every swimming pool having+ a depth of eighteen (18)
inches below the level of the land surrounding the pool, or, in the case of
above-surface pools, having a depth of more than two (2) feet or an area of.
one hundred fifteen (115) square feet or greater shall, within sixty (60)
days frog_. cLIU eract�,ent of this ordinance, be completely surrounded by a
fence or v:all of substantial .construction, as determined by the Building In-
Spector, not less than four (4) feet and not more than six (6) feet in height.
Such portion of fencing over four (4) feet in height must be located within
twenty-five (25) feet from said pool and not extend into any side or front
yard. The fence shall be so constructed as not to have openings, holes, .or
gaps larger than two (2) inches in any dimension. A dwelling or accessory
building may be used as part of such enclosure. All gates. or doors opening .
through. such enclosure shall be equipped with a self-closing and self-latching
device for keeping the gate or door securely closed at all times.. All gates
shall be at the same height as the fence. An aboveground pool with no part
of its side-wall. height less than four (4) feet above ground and so constructed
by the manufacturer that the vertical sides are smooth; sheer, and do not pro-
vide any means for intermediate foot- or hand-holds shall be exempt from the
full .provisions of the above fence requirements.. However, a full height fence.
with self-closing, self-.locking gate capable of being locked with its latch
Located only on the inside of the gate. shall enclose the ladder area not less
than. four (4) feet in width and four (4) feet in depth, and the ladder shall
remain permanently therein. Aboveground pools provided with foot- or hand-
holds (draw-handed) and aboveground pools less than four (4) feet side-wall
- 25 -
t
height above �r `
b �rour.d are net exemDL frori tale full fencilig
requirements.
(6) Screening. Screening as is deemed necessary by the Building
Inspector may be required by him.
(7) Lighting and wiring. Lights used to illuminate any swimming .
Pool shall be so arranged and shielded as to reflect Light away. from ad 'oin
. J
ing premises. Electrical fixtures, wiring, and installation therefor used
in connection with the swimming pool shall conform to the National Board of
Fire Underwriters for Electrical Wiring and Apparatus. All wiring for such
installation shall be underground.
(8) Disposition. of waste water.. All waste. water' shall be dischar ed
g
into a public storm drain, sanitary sewer, or drainage ditch; brook; or stream:
Where waste water cannot .
t be disposed of because of the lack of the above
mentioned facilities, it shall be disposed of
P by means of a dry well or series
of
� .wells, rovid
ed
P that such waste
water will not overflow in an instance
ns tan
ce
onto abutting property or flood existing leaching fields of aseptic tank s stem.
Y
(.9) Filtering, sterilizing, and auxiliary equipment. Filtering, steri- .
lining, and auxiliary equipment shall be adequate to maintain the sanitary
Y
qualit r of pool [rater d
uring each period the pool is in use. Equipment con-
taining ;aces or disinfectants capable -of giving off irritating, toxic, or
flammable fumes shah be located in ventilated rooms or structures.
All rooms
or structures shall be well lighted 'and equipped witir safeguards in case of
chlorine leci:cs. All equipment shall be so constructed or housed so that it
may be used .eaithout causing any noise or disturbance to persons residing
O adja-
cent to or rear the pool.
(10) Diving boards. No diving board or platform shall be used or
installed in connection with any swimming pool Navin a depth o
g P f less
than
eight .(8) feet. In sttiimming. pool
s of eight (8) feet to eleven. (11) feet in
depth, ..-diving boards may be installed' for use in the deep area, provided that
they are not more than three (3) .fee't above water level. In pools over eleven
(11) feet in depth, standard diving towers may be installed for use in the
deep area.
(f) Abandoned swimming pools
If any swimming pool shall be abandoned or permanently discontinued, it
shall be filled in, .regraded or dismantled, and removed from property. All
required enclosure fencinb over four. (4) feet in height shall be altered or
- .26 -
taken down to comply Frith this code. •
(g) Inspection
After a permit has been issued under the provisions of. this ordinance,
all work thereunder shall be subject to inspection by the Building Inspector
at all times until- completion to ascertain that all provisions of this ordi
nance and all .provisions of the' application are being complied with. , The
Inspector shall have the authority to stop any part of the work being done
under any permit which is not issued in conformity with. the application of the
permit or with the provisions of this ordinance.
(h) Wading pool requirements.
No .person 'shall leave a wading pool uncovered and unattended in such a
location or in such a manner as to create a hazard to children living in the
neighborhood. No wading pool shall be located in the required front or side
yards on any property.
Section. 24. Outdoor Illumination
(a) Parkin lots.
Parini lots including those used as accessory to retail businesses
which are to be oo,erated or used after daylight hours, shall be adequately.
illumin.atad, and the minimum illumination shall be one-tenth (1/10) of one
(1) watt per square foot of parking area distributed over the entire area.
Lights shall_ be provided .with reflectors arranged so, that the illuminatioP is
directed downward and away from adjacent buildings at any street or highway.
which adjoins the parking lot. Shaded floodlights may also be used on the
premises, but where used, such floodlights shall not interfere with the com-
fort of adjacent residents, the traffic lights and signals on .streets or
highways adjacent to the parking lots, ar impair the ability of persons driv
. ing vehicles on such highways to safely operate such vehicles.
(b) Sales lots.
Every light used for the illumination of a lot used for the sale or dis-
play of motor vehicles or the sale of other merchandise, if permitted by the
Zoning Ordinance, and car-washing establishments, shall be provided with an
opaque shade which shall extend downward or in the direction of the axis of
the bulb as far as the filarilent- may extend so as to entirely cover the bulb.
All lights shall be shielded so that no light will. be transmitted directly
to adjoining. property or to the street, except that the sidewalk area lr.ui:e
- 27 -
d diately. abutting the premises may be illuminated by lights on the
re
p mises.
Shaded spotlighting shall be so arran0led, r.hat the lighting is pro 'ected
in a
downward direction. All lights or lighting standards or fixtures shall be
entirely within the lot lines of the premises.
(c) :Signs. .
All signs used on or in connection .with .parking lots, lots used for the
sale of motor vehicles and other goods, and automobile.-washing establishments
shall comply with the provisions of the Building Code and Zoning Ordinance
with respect to signs.
(a) Certificates of Inspection.
It shall. be the duty of the Building Inspector to make an annual i
Lion ns e
p. c
of all parking lots and motor vehicle sales lots in the Town of Mama-
roneck outside of the villages to which this local law applies, and to issue
a certificate of inspection to the.owner of each such parking lot and motor
vehicle sales lot so inspected, provided that it meets with standards estab
lisped in this local law, such certificate shall be authorization for the
continued operation of such parking lot and motor vehicle sales lot. Failure
to possess a proper certificate of inspection shall be considered to be a vio
lation of this local law. The fees to be charged by the Building Inspector
for t _s .i_ssuance of the certificate under this local. law shall be as set
forth. in the fee schedule.
(e) Temporary relief permits.
Vher,ever .it has been adequately demonstrated to the Building Inspector
that com lia
P ,n
nc_ � "
p th the terms of this local law cannot be effectively and
immediately made, the Building Inspector shall have the authority to grant
a temporary permit for the continued operation of such nonconforming equip-
ment, but only in the event that the owner has taken all necessary .steps to
secure compliance with this local law. Such temporary permit shall be issued
for -no longer a period than three (3) months, at the expiration of which period
of time the owner holding such temporary permit shall be deemed to be in vio-
la.tion of the provisions of this local law.
Section 25. Penalties for Offenses
Except as otherwise provided in Section 15, any person violating any of
the provisions of this local law, as the same may be from time to time amended,
for which no other penalty- is provided, shall be guilty of a misdemeanor
-
28 -
• + punishable by imprisonment for not., more than one (1) .year or by a fire of not
more than Five Hundred
ea
E 500.
$ ) Dollars, or: both. Any abatement hereinbefore
provided for shall be in addition to any penalties prescribed in this section.
Section 26. Appeals
Any person, firm, or corporation aggrieved by any order, ruling, direc
tion, or determination of the Building Inspector,.
or upon any failure of the
Building Inspector to approve within sixty (60) days after a.. completed a , 'li_
pp
cation for permission for the construction of a building or structure Pur-
scant to the .provisions of the State Building Code or plans and specifications.
submitted with any such application, may apply to the State Building Construe- .
tzon Board of Review thereof, pursuant to the provisions of the Executive Law
and_. the rules and regulations. adopted hereafter by such Board of Review or
the State Building Code Council.. An application shall not be considered a
completed application until all necessary forms, documents, and fees have bee
n
submitted to .tne Building Inspector and after the application has been sub- `
mitten for review to the Zoning Board, Planning Board, Architectural Review
Board, or any other board or commission which the laws and ordinances o the
Torn of rlatraroreck require to review said application prior to the isshence
of a building permit. .
Section 27. Partial Invalidity
If
any term, part, provision, section, subdivision, or ara ra
P g ph. of
law shall be held unconstitutional, invalid, 'or ineffective in whole or in
part, such determination shall not.-be deemed to invalidate the remaining
terms, parts, provisions, sections, subdivisions, and paragraphs thereof_
Section. 28. Repeal
This local .law repeals Article 14 of the Codes of the Town of Mamaroneck
Building Code and all previous amendments thereto.
Section 29. Date of Effect
This .local- lair shall take effect immediately upon enactment, publication,
and .posting as. required by law.
I
I -
29 -
Schedule of Fees
;Applicants shall pay the Building Inspector the following fees:
Original Certificate of Occupancy for one- and two-family dwellings $ 25.00
Original Certificate of Occupancy for all others 100.00
Temporary Certificate of Occupancy 10.00
' Copy of Certificate of Occupancy 5.00
Original Letter of Compliance 10.00
Duplicate Letter of Compliance 5.00
To raze any structure:
Demotition work - Up to $1,000. 12.00
Over $1,000. up to $5,000. 25.00
For each $1,000. over $5,000. 4.00
Total valuation of construction or other activity to be undertaken:
Up to $500. No charge
$501. to $2,000. 25.00
$2,001. to $25,000. 25.00 for
first $2,000, plus $4. for each additional
$1,000. or fraction thereof, to and including
$25,000.
$25,001. to $50,000. 117.OQ for
the first $25,000. plus $3. for each
additional $1,000. or fraction thereof,
to and including $50,000.
Over $50,000. 192.00 for
the first $50,000. plus $2. for each
additional $1,000. or fraction thereof
To move a building across a street:
Frame building 50.00
Other types 50.00
For each-day, more .than :two days, that such building 50.00
remains an obstruction to any street
To move a building when no street or alley is used 25.00
Fuel-oil equipment:
Each oil burner, hourly rated capacity up to 2 gallons 20.00,
Over 2 gallons and up to 10 gallons 50.00
Over 10 gallons 100.00'
Storage tanks:
: Up to 275 gallons 20.00
' Over 275 gallons and up to 550 gallons 40.00
Over 550 gallons and up to 1,000 gallons 60.00
Over 1,000 gallons and up to 2,000 gallons 100.00
For each 1,000 gallons over 2,000 gallons 10.00
Signs:
For erecting, placing or painting a new sign 15.00
For altering, reconstructing, enlarging, or relocating
on the same premises an existing sign 5.00 ,
For the cost of publication and mailing for each Public
Hearing convened for a sign variance application 25.00 '
Blasting permit applications:
(!Bond in the amount of $50,000 as well as public liability
insurance naming the Town of Mamaroneck as a co-insured in an
aggregate amount of not less than Two Million ($2,000,000.) 15.0 OI�
Dollars to accompany application 1
Smoke control:
For each inspection, except annual inspection 10.00
Annual inspection - 25.00 `All subsequent inspections 10.00
439
PUBLIC HEARING: Proposed Local Law re Environmental Quality
Review Law
On motion by Councilman Amlicke, seconded by Councilman Bloom, 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. The Town Counsel clarified
the provisions of the proposed Local Law, and following comments by
Councilman Amlicke and Councilman Bloom, a correction was made on
page 5.
Since no one wished to speak either in favor or against the proposed
Local Law, on motion by Councilman Lerman, seconded by Councilman
Amlicke, it was unanimously
RESOLVED, that the Public Hearing be,
and it hereby is, declared closed.
Thereafter, on motion .by Councilman Lerman, seconded by Councilman
Amlicke, the following resolution was adopted by unanimous vote of
the Board:
WHEREAS, this 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. 4-1985 and has heard all persons
desiring to be heard thereon;
i
NOW, THEREFORE, BE IT
RESOLVED, that this Board does hereby
adopt Local Law No. 4-1985 entitled
"Environmental Quality Review Law,"
and orders that said Local Law as so
amended, adopted and herewith inserted,
be made a part of the minutes of this
meeting:
(see Local Law No. 4-1985 inserted
it this set of minutes)
APPROVAL OF MINUTES
Action on the Minutes was tabled until the next Meeting when
Supervisor Battalia would be in attendance.
-9-
i
Local Law No. 4-1985
440
Be it enacted by the Town Board of the Town of Mamaroneck
as follows:
ARTICLE l
INTRODUCTORY PROVISIONS
Section 1. 1 Title
This -local law shall be known as the Town ,of Mamaroneck Environ-
mental Quality Review Law.
Section 1.2 Authority
This local lawns adopted pursuant' to the Municipal .Home Rule
Law, Article 8 (SEQR) of the New York Environmental Conserva-
tion Law, `providing for environmental quality review of. actions
which may .have a significant effect .on the environment,. and
Part 617, the Rules and Regulations -set -forth in 6 NYCRR 617 .
Section 1 . 3 Purpose
The purpose of this local law is to implement SEQR and Part
617 and to incorporate environmental factors in the existing
planning. and decision-making processes of the Town.
Section 1. 4 State Regulations Adopted.
Except as otherwise expressly provided by this. local law, the
regulations contained .in 6 NYCRR 617 e_t. seq. :and any amend-
ments thereto are. hereby adopted.
ARTICLE 2
GENERAL PROVISIONS
Section 2 . 1 Definitions as Used in This Local Law
The. terms and words used - in this local law shall have the same
meaning as such terms and words are. defined . in Article 8 of
the Environmental Conservation Law and Part 617, unless the
context: requires- a different meaning or unless a local defini-
tion is specified. .' The following terms and words are repro-
duced from Part 617 , except where designated "local definition" ;
(a) °Actions" include :
(1) projects or physical activities, such as con-
struction or other activities, `which change the use or
appearance of any natural resource or structure which:
(i) are directly undertaken by an agency, or
l
(zi) involve funding by an "agen.cy' or 44:1
require one or more permits from "an
agency or agencies;
(2°) planning activities of an -agency that ;commit
the agency. to: a course of future decisions;
(3.) agency rule, regulation, procedure and policy
making; and
(4) combinations of the above.
(b) "Action, Excluded" means an action which was under-
. . .taken, funded, or approved prior to the effective dates
Of SEAR. (NOTE: The grandfathering schedule
is very
complex and does not lend itself to summarization. For
most actions, the effective date was November. 1, 1978 .
To be sure, one should consult Chapters 228- of the- Laws
of 1976 , 252 of the Laws of 1977, and 460 of the Laws
of
1978 . )
(c) "Action, Exempt" means any one of -.the following:
(1) enforcement or criminal proceedings or the
exercise of prosecutorial discretion. in determining whether
or not to institute such proceedings;
(2) ministerial acts;
(3) maintenance or repair involving no substan-
tial` changes in an existing structure or facility;
(.4) - with respect to the requirements of Sub- '
division 2 of Section 8-0109 of SEQR, actions requiring
a certificate of environmental compatibility and _public
need under Article VII or VIII of the Public Service Law `
. and the consideration of, granting or denial of any such
certificate;
. (5) actions which .are immediately necessary on
a limited emergency basis for the protection or preserves-
tion of life, health, property, or natural resources; and
(6) .actions of the Legislature of the State of
New York or of any court.
- 2
-, �
(d) "Action, Type .I" means an action or 'class of
actions listed in -617,12 . When the .term is applied in
reference to ah .individual agency' s Y
authorit o
t review
or approve a .particular: proposed project or action, it
shall also mean an .action or class of acti ons*on
s lisy
ed as
Type I actions in that,.agency's own procedures to imple-
ment SEQR. adopted -pursuant to 617.4.
(e) "Action, Type II" means an action or class of
actions which . s listed in 617. 13. When the term is applied
in reference to an individual agency' s authority to re-
view or approve a particular proposed pro.ject. or action,
it shall also mean .an action or class of actions listed
as Type II actions in that agency' s own procedures 'to im-
plement SEQR. The fact that an action is listed as a
. Type II action in one involved agency' s procedures does
not mean that it is to be treated as a Type II action by
any. other involved agency not listing it as a Type II
action in its procedures.
(f) _"Action, Unlisted" shall mean all actions not
excluded or exempt., not listed as a Type I or Type II
action in this Past., or in the case of a particular agency
action, not 'lis.ted as 'Type I or Type II actions in .the
agency's own SEQR procedures. If an-action is an unlisted
action, the limited procedural requirements of 617 . 7 as
set forth in Section 13A-3 .2 of this local law shall apply
to it.
. (g) "Agency" - Any state or local agency.
Environment - The physical conditions which
will be affected by a proposed action, including land,
air, water, minerals, flora, fauna, . noise, objects of
historic . or aesthetic significance, existing patterns of
population concentration, distribution or growth and
existing community or neighborhood character.
(i) ".Environmental Assessment Form" (EAF) means. a
form used by an agency to assist it in determining the
environmental significance or nonsignificance of actions.
3.
4
"Environmental Impact Statement" (EIS) means a
written document prepared'.in accord
anc
e w' .
- ith
617 .
14 .
(k) Environmental Officer - The Town Administrator
or his designee, who shall assist the lead agencies in
the Town by processing the pa
perwork' for this law and
advising applicants for Town permits and approvals can.
compliance therewith. The Environmental Of shall
also: `
(i) receive a copy of all reports, statements.,
forms, and notices as may be required by
this ordinance,
effect "or cause to be effected the post-
ing and publication requirements of 6 NYCRR
617.8- and this ordinance (local definition).
(1) "Lead Agency" means an agency principally respon-
sible for carrying out, funding, or approving an action
and, therefore, responsible for determining whether an
environmental impact statement is required in connection
with the action and for the preparation and filing of the.
.. -
statement if one is required.
(m) "Town" means the To of Mamaroneck (local de-
finition) .
Section 2 .2 Regulated Actions; Actions Not Prohibited.
No .action, other than an Exempt, Excluded, or Type II Action
shall be carried out, approved, or funded by an agency, board,
department, office, or. other body, or officer of the Town. un-
less.-. it has complied with SEQR, _Part.
.617, - to the extent -appli-
cable and with this local, law. However, nothing herein shall
be construed as prohibiting either;
(a) The conducting of contemporaneous environmental, en-
gineering, economic feasibility or other studies and prelimi-
. nary planning and budgetary processes necessary for- the form -7
lation of a- proposal for action which do not commit the .Town
to approve, commence, or engage in such .action.
4 -
(b) The granting of any part ::of. an application which
'relates only to the technical s.Pecifications 'and requirements,
providing that .,no such. :partial approval :,sha l entitle .or per-
mit the applicant to commence the:•.acaiori until all require-
ments of this local law have been fulfilled.
ARTICLE,?3
ENVIRONMENTAL IMPACT PROCEDURES
Section 3 .1 Lead Agency
(a) The lead agency �s he agency principally responsi
ble for carrying out, ' funding - or approving an action and,
. therefore, responsible for determining whether an environmental
impact statement is required in conriection with. -the action and
for the preparation and filiji, of .tithe . taternent if one is re
quired.
(b) .Where more than one ;agency rs;: involved, the lead
agency shall be determined an.d -des gi`ated as provided in Part
617.6 and 617 .7 .
Section 3 .2 EAF Prepara tion, ` inationj Notice and Filing
for Type. I and. Unlisted Actions.
(a) Environmental Ass&ssment,:i.Eorm.
An EAF shall be prepared by 'or Abn b:ehalf of any agency, board, ;
department, office or other b6,dy,,Qr :0fficer of the Town in con-
nection with any Type I or Unl1s`ted Act=ion' 'such agency, board,
department, ' office, or other bodyn_or . officer initiates. For
an Unlisted Action, a Long Form "EAF "may be utilized to facili-"
- tate a preliminary determination :.environmental aigriifi-
cance. Where deemed necessary.., additional information may
be required.
(b) Application for Town Permit or Approval .
approval
An application for permitdor fulYdlirg of a Type I or 'Unlisted. .
Action shall be accompanied by an °EAF 'to assist the lead
agency in making a pre.liminary .;determination of .environmental
significance.
_ . 5
7.
(c) Notification of Proposed Action.
Upon receipt of a completed application and an environmental
assessment form, the Environmental Officer shall cause a notice
-thereof to be posted on the signboard of the Town Hall main-
tained by .the .Town and may cause such notice to be. published
in the official. newspaper of the Town, describing the nature
of the proposed action and stating that written views thereon
of any person shall be received by the Environmental Officer
no later than a .date specified in such notice.
(d) Determination on Proposed Action.
The appropriate lead agency, assisted by the Environmental
Officer, shall render a written determination on whether an
environmental impact statement is required within fifteen (15)
days following receipt of a completed application and an en-
vironmental assessment form, provided, however, that no .such
application shall be deemed to be completed until the expira-
tion of the time period provided for in (c) above, and further
provided that such period may be extended by mutual agreement
of the applicant and the Environmental Officer. The deter-
mination shall state whether such proposed .action may or will
not have a significant effect on the environment or is an
exempt action.
(e) Conferences with Applicant.
The lead agency; and/or the Environmental Officer, acting as
agent for the Lead Agency, may hold informal meetings with the
applicant and may meet and consult any other person for the
purpose of aiding the lead agency in making a determination
on the application
(f) Determination of Nonsignificance.
For Type I Actions, a determination of nonsignificance shall.
be noticed and filed as provided in Part 617 .10 (b) ; for Un-
listed Actions, a determination of nonsignificance shall be
sent to the applicant and maintained in accordance with Part
617. 7 (e) . Additionally, the Environmental Officer shall pre-
pare, file, and circulate such determination with the Town
Clerk and the applicant and give public notice as provided in
6 ' -
x461
(c) above.. Thereafter, the proposed action may be processed
without further regard to this' loca ' ' aw, SEQR, or Part 617.
(g) ..Effective, Date of Application, for
Town Permit or Approval
The -time of filing an application for approval or funding of
an action shall commence to run from the date the prelimi-
nary determination of environmental nonsignificance is rendered.
_ (h) Environmental Impact Statement Required.
If the lead agency determines that the proposed- action may
have a significant effect on the .environment, the Environmental
Officer shall prepare, file, and circulate such determination.
- with the Commissioner of the Department of Environmental Con- :
servation, the appropriate regional office thereof, .the Town
Clerk, and the applicant and give .public notice as provided
in -(c) above . Thereafter, the proposed action shall be re-
viewed and processed in accordance-.with the provisions of this
- local law and Parts 617 . 9 and 617 . 10 . .
Section 3 .3 Draft Environmental Impact Statement (DEIS) .
(a) Notice to Prepare .DEIS
Following a determination that ;a prppo-s.ed action may have a
: significant effect .on the envir.onment, . the Environmental Offi-
cer shall, as provided herein, mme:diately notify the appli-
,..cant of the determination and -::s,hal'l direct the applicant to
prepare a draft environmental impact statement (hereafter, DEIS) .
(b) If Applicant Does Not Prepare DEIS. .
If the applicant does not submit a DEIS, the lead, a.gency may
- direct the Environmental -Officer to:. prepare or cause to be
prepared the DEIS.,or, in the .lead ,agency' s .discretion, notify
the applicant that the processing of the application will
cease and that no approval will be issued, the application
thus being deemed abandoned.
(c) DEIS Required for Application' s Completeness.
The DEIS is a required document for the application and must
be presented before the application is deemed complete for
acceptance, preparatory to setting .a date fora public he
ing on the application under the regulations governing hear-
ings required for processing such type. of application.
. (d) ' Notification of Completion.
Upon completion of a DEIS prepared by or at the direction of
the lead agency, a notice of completion containing the. info -
tion specified. in 6 . NYCRR 617.10'.shall be' prepared, filed, and
"circulated, :as provided. in 6 NYCRR 617.10, to the applicant
and to the owners of property within three hundred (300) feet
of the perimeter of the subject property. In addition, the
notice of completion shall be published in the official news-
. .paper of the Town, and a copy thereof shall be posted on a
signboard of the Town. Copies of the DEIS shall be filed,
transmitted, and made available as provided in 6 NYCRR 617 .10 .
(e) Public Hearing.
If the lead -agency determines that a public hearing on a DEIS
should be held, or if the applicant or twenty-five (25) or
more property owners or residents of legal age within the .
Town request such hearing, notice thereof shall be filed, cir-
culated, and sent in the same manner as the notice of comple-
tion and shall be published in the official newspaper of the
Town at least fourteen (14 ) days prior to such public hearing.
Such notice shall also state the place where relevant written
comments on the DEIS may be sent and the date before which
such comments shall be received.
(f) Timing of Public Hearing
The hearing shall commence .within no less than thirty (30)
calendar days nor more than forty-five (45) calendar days .
after, the filing of the DEIS, except where the lead agency
determines that additional time is necessary for the public- or
other agency review of the DEIS or where a different hearing
date is required as appropriate under other applicable law.
The hearing will be conducted by the lead agency.
(g) Timing of Lead Agency ' s Determination.
The lead agency shall. be required to make a determination as
8 -
to whether the proposed act'
10, will" or will 'not have "a signi
ficant effect on the environment within thirty "(30) days of
the close, of - he hearing, Such determination. shah be based
upon the DEIS, -the comments' made during the public hearing,
and upon written comments received in accordance with .subsec-
tion (e) above.
(h) Negative Impact Determination
Tf, on the basis of a DEIS and the comments -the and
. record of the hearing where a public hearing is. held, the
lead agency .makes Findings which determine that an action will
not have a significant effect. .upon the environment or that
impacts shall. be sufficiently mitigated so that the. action
will .not have a significant effect upon the environment, the
proposed action, may be processed without further regard to
this local law.
Section 3 .4 Final Environmental impact State (FEIS).
(a) Preparation of FEIS.
Where the lead agency determines "that an action which has been
the subject of a DEIS may have a significant effect on the .
environment and/or the DEIS does not provide for sufficient
mitigation of the effects upon the environment, then an FEIS
shall be prepared in the manner".set forth in and shall contain
the information required, in 6 NYCRR 617 .
(b) `Timing of FEIS..
Such FEIS shall be .prepared within forty-five (45) days of the
filing of the DEIS if no public hearing is held, or :thirty (30)
days after findings are made by the lead agency after public
hearing. However, the lead agency may extend this time as
necessary to allow adequate completion of the statement where
problems identified with the proposed action require material .
=�- reconsideration or modification.
(c) Notification of Completion.
A.notice of "completion of an FEIS shall .be prepared, filed, and
sent in. the same manner as provided. in Section 3 .3
(d) herein
and shall be sent to all persons to whom the notice of comple-
tion of the DEIS was sent* ' Copies of the FEIS shall be filed
9
44`9
and made available for review in the- same .manner as the DEIS
(d) Approval of .Actions.
No decision of any agency to carry out or approve an action
: . which has been the subject of an FEIS shall be made until
af ter. the, filing and:. consideration of the. FEIS by that agency..
(e) Written Determination Reguired. ,
If an agency decides to carry out or approve an action which
has been determined -to have a significant effect on the en-
vironment, it shall made the . written. Findings and shall fol-
low the procedures set forth in 6 NYCRR 617. 9._
(f). Filing of Determination.
For public information purposes, a copy of -the - determination
referred to in (e) above shall be filed with the Commissioner ,
of the Department of Environmental Conservation, the appro-
priate regional office . thereof, the .Town Clerk, the applicant,
and owners of property within three hundred (300) feet of the
perimeter of the subject property.
Section 3 . 5 Coordination of Time Limitations.
To the extent practicable, the Environmental Officer shall
coordinate the time limitations provided in this local law
with other time limitations provided by statute or law, ordi-
nance, or regulation of the Town.
Section 3 .6 Public Records
The Town shall maintain.:files open for public inspection of
all notices of completion, draft and final environmental impact
statements and written determinations prepared or -caused -to be
prepared by the lead agency or the Environmental Officer.
Section 3 . 7 Fees.
(a) Fee Schedule.
The fees for review or preparation of a DEIS and/or FEIS involv-
ing- an applicant for approval or funding of an action shall be
as are from time to time adopted by resolution of the Town
Board. If the applicant prepares .the .DEIS� and/or FEIS; the
Town may charge a fee for actual expenses o.f reviewing it
either . in-house or`-by paid consultants. If_ a. Town .agency pre-
pares a -DEIS and/or FEIS on behalf of an .applicant, it may
Charge. a . fee for the cost of..preparation, iricluding..publication . .
10 :. :.
of notices.
ARTICLE 4
TYPE I ACTIONS
Section 4 . 1 State Type .I Actions
(a) The purpose of the list of actions identified as Type I
in this section is to identify for agencies, project sponsors,
and the public those actions .and projects that are more likely
to require the preparation of a DEIS than those not .so listed
(i.e. , "unlisted actions") . This Type I list is not exhaustive
of those. actions that an agency determines that may have a sig
nificant effect on the environment and require the preparation
of an EIS. Therefore, the fact that an action or project has
not been listed as a Type I action does not carry with it the
presumption that it will not have a significant effect on the .
environment. For. all individual actions which are Type I or
unlisted, the determination of significance must be made by
comparing the impacts which may be reasonably expected to. result
from the proposed action with the criteria listed in 617 . 11.
The Type I actions .on this list are considered more likely
to require the preparation of a DEIS .than other actions and are
likely to involve review by 'more than one governmental agency,
and therefore, the .procedural requirements for Type I actions
(617 . 6) are more extensive than for those unlisted actions (617 .7) .
(b) - The following actions are Type I if they are directly
undertaken, funded, or approved by an agency:
(1) Construction of new, or expansion by more than
fifty percent. (50%) . of existing size, square . footage or usage
of existing: -
[a] Airports, heliports including hovercraft
and seaplanes.
[b] Public institutions such as hospitals, schools,
and institutions and buildings of higher learning and correction
facilities, and major office centers, etc .
[c] Road or highway sections, including bridges,
which require an indirect source permit under 6 NYCRR 203 .
[d] Parking facilities or other facilities with
an associated parking area for two hundred fifty (250) or more cars.
[e] Dams with a downstream hazard of C .classifica—
451:
tion under the Environmental Conservation Iaw (ECL) `Sec . 15-0503 .
[f] Stationary combustion installations- operating
.:,at a total heating nput . e:xceeding one .thousand million .
(1, 000,000, 000) BTU per hour.
[g] Chemical pulp mills., Portland .cement plants, ,
iron and steel plants, primary aluminum ore reduction plants,
sulfuric acid plants, petroleum refineries, . lime plants, sul
fur recovery plants, fuel conversion plants, and by--product
coke manufacturing plants:
[h] _Incinerators operating at a refuse charging
rate exceeding seventy-five tons of refuse per twenty-four-hour .-
day..
Storage facilities designed for or capable
of storing fifty thousand (50, 000) .or more gallons -of liquid
natural gas, .liquid petroleum gas, or other liquid fuels.
.[j]. Process, exhaust, and/or ventilation systems
emitting air contaminants . assigned an environmental rating of A
under 6 NYCRR 212- and whose total emission rate of such A-con
taminate exceeds one (1) pound per hour.
[k] Process, exhaust, and/or ventilation systems
from -which the total emission rate of all air contaminants ex-
ceads twenty-five (2 5) tons per day.
[1] Sanitary, landfills.
[m] Any facility, development, or project which
is to .be directly located in one (l) of the following critical
areas:
[1] Freshwater wetlands as .defined in the
Freshwater Wetlands Law -of the Town of Mamaroneck.-
[2]
Flood-plains as defined in Article 36
of the ECL.
[3] Areas with slopes of forty percent
(40 0) or greater.'
[n] Any facility, development, or project having
an adverse impact on any historic building, structure, site
listed'.on the National Register _of Historic Places or in -the
Statewide Inventory of Historical and Cultural Resources, or
sites designated as protected pursuant to .any .Town ordinances
- 12. - .
452.
or local laws.
[o] Any facility, development, or project which
would require .parking for more than two hundred and . fifty ,(250)
cars or which would ,be used for public institutions or build-
ings..
[p]. Any facility, development, or project which.
would use ground or surface water in - excess of fifty thousand
.(56, 000) . gallons in.'any day.
[q] Any industrial facility which has a yearly .
average. discharge flow, based on days . of discharge, o:f greater
than twenty-five hundredths (0 .25) million gallons per day.
[r] Any publicly or privately owned sewage treat-
ment works .which has an average. daily design flow of more than
twenty-five hundredths (0 . 25) million gallons per . day.
[s] A residential development that includes
twenty-five. (25) or more units in an unsewered area or. one
hundred (100) or more units in a sewered area.
[t], Lakes or other bodies of water with a -water
surface in excess of twenty-five (25)_ acres.
(2) Any funding, licensing, or planning activities 'in .
respect to any of the. types of construction listed in [ 1] above.
(3) Application of pesticides or herbicides over more
than five hundred (500) contiguous acres .
(4) Clear-cutting of twenty-five (25) or more contigu-
ous acres of forest cover or vegetation other than crops .
. (5) The proposed adoption of comprehensive land use
plans, zoning ordinances, building codes, comprehensive solid
waste plans, .. state, and regional transportation plans, water
resource basin plans, comprehensive water quality studies, area
wide water treatment. plans, state environmental plans, local
floodplain control plans,, and. the like .
(6) Commercial burial of radioactive materials re-
quiring a permit under 6 NYCRR 38.0 .
(7) Any action which will result in excessive or
unusual noise , and or vibration., taking into consideration the .volume,
intensity, pitch, time duration, and the appropriate land uses
13 .. . .
3_ .
for both the. source and the recipient of.-.,.such noise.:
(8) Acquisition 'or sale -'by .4 public agency of -more.
than "fifty, (5`0) contiguous acres of : land'.
(9) Any. action in an area mapped as a freshwater.
"wetlands.
(10) Any 'action in an area designated a floodplain,
as -defined in Article 36 of the`Environmental Conservation -Law.
(11) Any .action in areas containing .slopes." of twenty
percent (20%) or greater . where development would impact same.
-ARTICLE 5..
TYPE II ACTIONS
Section 5 .1 State Type II Actions
(a) Actions or classes of actions• wh.ich have been.. deter-
mined not . o :have " a significant effect on the environment
are classified. as Type .II actions and do not require environ-
r mental impact statements or any other determination or" proce-
dure under this Part.
(b) Each agency may adopt its own Type .II list, pro-
vided it finds that each of the actions contained on it
(1) is no less protective of the environment than
the list .in this . section; and
( (2) will in no case have a significant effect on
I
-the environment based -on the-criteria contained in- 617 11 -and
.
any .additional criteria contained in its procedures adopted
pursuant` to 617 .4
14
AIF 4
(c)_ An :ag_en�cy may not designate as Type I any. action on
the -Type 'II 11st.
(d) The following actions -are Type II actions: .
(.a) .Construction or alteration of :a single- -or,
two-;family residence and accessory appurtenant uses or struc
tures, `.but .not `if, such construction or alteration:
[al Is in conjunction with the construction
or alteration 'o.f two (2) or- more such residences
[b] '.Is in a critical area as described in this
section -for `Type I actions .
[c] ; May cause significant water supply, sewage
disposal,. "drainage, _ fire protection, traffic or noise problems.
(2.) The extension of utility facilities to serve
new. ..or altered single- or two-family residential structures or
to render ..,service :in approved .subdivisions.
'(°3) :Construction or alteration of a store, office,
or restaurant designed for an occupant load of twenty (20)
persons 'or :Less, if not in conjunction with the construction
or -al L-eratio-n of two (2.) or more stores, offices, or restau-
rants .and :f not in one (1) of the critical areas as described
for .Ty.pe,-I a.ct.ions .and the construction of ,utility facilities
to serve such -establishments .
(4) Actions involving individual setback and lot
line variance-s .
(5) Agricultural farm management practices, includ- '
ing construction, maintenance, and repair of farm. buildings
and structures and land use changes consistent with generally
accepted—principles of farming.
. (6) Operation, repair, maintenance, or minor altera-
tion of existing structures, land uses, and equipment.
(7) Restoration or reconstruction of. a "structure,
in whole -or in part., being increased or expanded by less than
twenty percent (20°) of its existing size, square footage, or
usage una-ess in a critical area -as set forth in this local law.
. . (8) Repaving of existing highways not involving the
J
addition of new travel lanes .
(.9) Street openings for: the ,purpose. of repair or
maintenance of existing utility facilities.
(10) Installation of tra.tfic control devices on
existing streets, roads, and highways other than multiple
fixtures on long stretches .
(11) Mapping of existing roads, streets, highways, , .
uses, ownership .patterns.
(12) Regulatory activities .not involving construction
or changed land .use relating to one (1) individual, business,
institution, or facility such as inspections, testing, operat-.
ing certification or licensing.
(13) Sales of surplus government property other than
land, . radioactive material, pesticides, herbicides, or other
hazardous materials.
(14) Investments by or on behalf 'of agencies or
pension or retirement systems.
(15) Actions which are immediately necessary for the
protection or preservation of life, health, . property, or
natural resources.
'(16) Routine administration and management of
agency functions, not - including new programs or major reorder- .' .
ing or priorities.' .
(17) Routine license and permit reneval s where there
is no significant change in preex ist ing con dit ions.
(18) Routine activities of education institutions
which do not include capital construction.
. ARTICLE .6
MISCELLANEOUS PROVISIONS
Section 6 . 1 Severability
The provisions of this local law are severable. If any arti
16
cle, section, subsection., or provision of this local law
shall be invalid, such invalidity shall apply only to the
article, section, subsection or provisions' adjudged invalid,
and the rest of this: local .'law shall remain valid and effec-'
tive:
Section 6 . 2 Effective Date .
This local law .shall. take effect immedi.ately ,upon filin in
g
the office of the Secretary of State in. accordance with Sec-
.
t
ion 27 of * the e Mun ci al o m
1 H 1
P
e Rule e Law. _
Section 6 .3 Repeal of Other Laws
This local .law repeals - Local Law No. I of 1977, Environmental
Quality Review, and any amendments thereto.
ILj,
17 -
I
457
AFFAIRS OF THE TOWN
1. Appointment - Tenants Council
On motion by Councilman Amlicke, seconded by Councilman Bloom,
it was unanimously
RESOLVED, that Melissa Karl Lam of
172 Myrtle Boulevard, Town, is hereby
appointed as a member of the Town of
Mamaroneck Tenants Council to fill the
vacancy caused by Elliot Feldman's
resignation to serve at the pleasure
of the Town Board.
I
2. Update - Town Center Renovation
The Town Administrator, Stephen Altieri, gave an update on
the renovation and the progress being made at the Town Center.
He invited all Board members and others who wished to inspect
said progress to join him at 9:00 A.M. on Saturday, March 9th.
WRITTEN COMMUNICATIONS
There were no written communications to come before the Board.
ORAL COMMUNICATIONS
Dr. C. Alan Mason advised of his receipt of a copy of the letter
sent to Mr. Altieri by Laura Tessier. He also advised the Board
of his meeting with representatives of the Department of Environ-
mental Conservation regarding State reimbursement up to 50% of
the Conservation Advisory Commission's qualifying expenses.
Dr. Mason further noted the two impending meetings to be held in
Tarrytown and New Paltz with respect to the Freshwater Wetlands Act.
THE DEPUTY SUPERVISOR
Reports
Deputy Supervisor Silverstone reported:
a) that Assemblyman Tocci is trying to obtain funds for the
improvements to the Memorial Park Playground project.
b) that at the meeting of the Joint Town/Village Planning
Committee held on February 25th it was decided that the
letter be sent out to prospective consultants for the
master plan update.
c) on her attendance at Mayor Blackwood's inauguration.
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458
REPORTS OF THE COUNCILMEN
Councilman Bloom reported:
a) on his attendance at the Annual Business Meeting of .the
Association of Towns and expounded on the proposals
discussed and voted upon at said meeting.
Councilman Amlicke reported:
a) on the presentation by Dr. Mason and him. of the resolutions
for Boy Scout Week and how well they were received. He
also expressed his appreciation to the Town Clerk's Office
for preparing said resolution.
b) on his follow-up on the condition of the sanitation building
and his contact with Fred Kellogg who is looking for a
local painter. He added that they also need additional
help at the Town Yard on Saturdays from 8:00 A.M. to 1:00
P.M. to assist in the recycling program.
c) on the very productive meeting he and Councilman Lerman had
with the recently appointed subcommittees of the Ice Rink
Committee. He then enumerated what the Physical Plant and
Management and Revenue and Finance Subcommittees were charged
with.
Councilman Lerman reported:
a) on the_meeting..with the subcommittees of the Ice Rink Committee,
as mentioned above by Councilman Amlicke, and spoke of other
aspects of the Committee's responsibilities such as determining
if another area can be used for the location of the Ice Rink
and that surveys will be undertaken especially with respect
to other rinks.
ADJOURNMENT
Since there was no further business to'come before this Board, on
motion by Councilman Bloom, seconded by Councilman Amlicke, it was
unanimously resolved that this Meeting be adjourned at 11:35 P.M.
Administrator
Town Clerk
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