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HomeMy WebLinkAbout1982_06_23 Town Board Special Minutes 123 MINUTES OF A SPECIAL MEETING OF THE TOWN BOARD OF THE TOWN OF MAMARONECK, HELD ON THE 23RD DAY OF JUNE 1982 IN THE AUDITORIUM OF THE WEAVER STREET FIREHOUSE, TOWN OF MAMARONECK. The Deputy Supervisor called the meeting to order at 8:00 P.M. Present were the following: Deputy Supervisor Lee H. Bloom Councilman Steward J. McMillan Councilman Thomas R. Amlicke Councilwoman Caroline Silverstone Supervisor Leo Goldsmith, Jr. was not in attendance at this meeting due to illness. Also present were the following: Dorothy S. Miller, Town Clerk James J. Johnston, Town Attorney Charles R. Elfreich, Town Engineer P. Thomas Leddy, Highway Superintendent Also in attendance were the following members of the Town Planning Board: Chairman Paul'.Kalos, Anton Schramm, Emil Nicolaysen, Mary Carlson and Warner Pyne and the Secretary to that Board, Rita Johnson. Deputy Supervisor Bloom at this time pointed out to those assembled the location of the exits as required by law for public hearings. At this time Deputy Supervisor Bloom reversed the order of the agenda and took up the items under BOARD OF FIRE COMMISSIONERS BOARD OF FIRE COMMISSIONERS 1. Claims Commissioner Bloom presented fire claims for authorization of payment and, on motion by Commissioner Silverstone, seconded by Commissioner Amlicke, it was unanimously RESOLVED, that this Commission hereby authorizes payment of the following Fire Department claims as approved by the Fire Chief and audited by the Comptroller's office: -1- • 1P4 AAA Emergency Supply Co. , Inc. $ 58.75 R. G. Brewer,Inc. 27.49 Brigante Lawnmower,Inc. 94.75 Frank Claps 200.00 Con Edison 34.77 Con Edison 2.00 Con Edison 3.00 Dri-Chem Extinguisher Co. 511.25 Excelsior Garage & Machine Works,Inc. 534.97 Exterminating Services Corp. 14.16 Fire Chiefs' Emergency Plan 75.00 Harbor Marine Canvas,Inc. 18.00 I & T Plumbing and Heating,Inc. 97.00 I & T Plumbing and Heating,Inc. 56.10 Larchmont Auto Parts Dist. , Inc. 7.71 N. LaRussell 398.76 Mid-Valley Petroleum Corp. 340.05 New York Telephone Co. 49.98 Signacon Controls,Inc. 160.00 Westchester Joint Water Works 62.01 $ 2,745.75 Not on Agenda 2. Reports Commissioner Bloom presented the Fire Report for the month of May 1982. ADJOURNMENT There being no further business to come before this Commission, on motion unanimously made and seconded, this meeting was declared ad- journed at 8:05P.M. Thereafter it was unanimously decided to take up the items in regular order of the agenda, but hold the Joint Public Hearing last. 1. Resolution - Change Date of Next Regular Town Board Meeting On Motion by Councilwoman Silverstone, seconded by Councilman Amlicke, it was unanimously RESOLVED, that this Board hereby changes the date of the regular meeting in July 1982 from July 7th to July 14th. 2. Reappointment - Planning Board Deputy Supervisor Bloom explained that Mrs. Carlson's term on the Planning Board will expire prior to the next meeting, and Council- woman Silverstone stated she was delighted to propose that Mary Carlson,who has a degree from Yale and has been a City Planner, -2- 125 be reappointed and thereafter, on her motion, which was seconded by Councilman Amlicke, it was unanimously RESOLVED, that Mrs. Mary Carlson of 17 North Chatsworth Avenue, Town, be and she hereby is reappointed a member of the Town of Mamaroneck Planning Board, to serve for a 5-year term of office effective July 7, 1982 and terminating July 6, 1987. 3. Announcement - Town Administrator Deputy Supervisor Bloom with great pleasure announced that the gentle- man he was authorized to offer the position of Town Administrator to had accepted at a salary of $28,000. He stated that Stephen V. Altieri for five years has been an Administrative Assistant to Lowell Tooley, the Manager in the Village of Scarsdale and has a Bachelors degree and is working toward a Masters in Business Administration. He pre- sently lives with his wife Deborah in Scarsdale in a Village owned house and is now looking for a home in this area. Mr. Bloom added that Mr. Altieri will begin work with the Town the day after Labor Day and stated further that the job description has been forwarded to the County Personnel Office and if it is necessary to adopt a local law permitting Mr. Altieri to reside outside the community, that issue will be taken up at a subsequent meeting. He stated that a great deal of time has been spent on this matter and he was delighted to announce the appointment of the Town's first Administrator. Not on Agenda 1. Appointment to Committee to Study Alternative Structures of a Police Commission Councilwoman Silverstone proposed the name of John Herz to serve on the above noted Committee and thereupon, on her motion which was seconded by Councilman Amlicke, it was unanimously RESOLVED, that John Herz be and he hereby be appointed a member of the Committee to Study Alternative Structures of a Police Commission. 4. Pursuant to Deputy Supervisor Bloom's notation about the need to hold an executive session, on motion by Councilwoman Silverstone, seconded by Councilman Amlicke, it was by majority vote that the following resolution was adopted: RESOLVED, that this Board will convene for an Executive Session immediately following the adjournment of this meeting to discuss litigation and the settlement thereof. Councilman McMillan obstained from the vote and disqualified himself from attendance at the session. -3- 126 6. Resolution - Authorization of Joint Project A-897 - Installation of 530 ft. of 12-inch Pipe on Macy Road, Town of Harrison Following clarifying explanations by Deputy Supervisor Bloom and Councilwoman Silverstone regarding the project, on motion by Council- woman Silverstone, seconded by Councilman Amlicke, it was unanimously RESOLVED, that as recommended by the Westchester Joint Water Works, this Board hereby approves the following joint project in accordance with the agreement between Port Chester Water Works and Westchester Joint Water Works for the estimated cost of $45,000.00 to ultimately be paid in full by Port Chester: Project A897 Installation of 530 feet of 12" pipe on Macy Road, Town of Harrison at an estimated cost of $45,000.00 to be allocated percentage wise among the three municipalities, the Town's share being 21.6% or $9,720.00 7. Set Date for Public Hearing - Application for Special Permit - Bonnie Briar Country Club - Proposed Extension to Pro Shop On motion by Councilman Amlicke, Seconded by Councilwoman Silverstone, it was unanimously RESOLVED, that this Board hereby sets July 14, 1982 as the date for a public hearing on the application for special permit so as to allow construction of an addition to the existing pro shop at the Bonnie Briar Country Club; and it is further RESOLVED, that the Town Clerk be and she hereby is authorized to publish in The Daily Times, the Notice of said hearing as required by law. 8. Salary Authorizations - Recreation - Summer Programs On motion by Councilman Amlicke, seconded by Councilman McMillan, it was unanimously RESOLVED, that as provided for in the 1982 Town Budget, this Board hereby authorizes the following salary ex- penditures to the persons named on the list annexed hereto, for the terms of employment and at the rate of compensa- tion for each as set forth: -4- • d i 127 ! MURRAY PRE SCHOOL Mazzone, Nora Sr. Rec. Leader $120.00 1 Johnson, Helena Rec. Assistant $ 55.00 Johnson, Karen Rec. Assistant $ 42.00 Barbieri, Catherine Rec. Assistant $ 40.00 Coupe, Claire Rec. Assistant $ 38.00 Hartman, Beth Rec. Assistant $ 38.00 Hartman, Jennifer Rec. Assistant $ 38.00 1 Millar, Douglas Rec. Assistant $ 38.00 Neville, Sharon Rec. Assistant $ 38.00 O'Hara, Mary Rec. Assistant $ 38.00 HOMMOCKS POOL LaMagna, Laura Head Lifeguard g g $ 4.25/hour Bender, Edward Lifeguard $ 3.25/hour Brenner, Anne Lifeguard $ 3.25/hour Johanson, Philip Lifeguard $ 3.25/hour Owen, Dawn Lifeguard $ 3.25/hour . Quinlan, Maureen Lifeguard $ 3.25/hour Reilly, Beth Lifeguard $ 3.25/hour Reilly, Brad Lifeguard $ 3.25/hour Zierk, Jon Lifeguard $ 3.25/hour Irwin, Liz Rec. Attendant $ 2.75/hour Macri, Beth Rec. Attendant $ 2.75/hour Moore,Lucy Rec. Attendant $ 2.75/hour Pampel, Joseph Rec. Attendant $ 2.75/hour Treacy, Peter Rec. Attendant $ 2.75/hour . Ferro, Cindy Sr. Rec. Leader $ 3.75/hour Quinlan, Joanne Rec. Assistant $ 3.25/hour CO-OP DAY CAMP Franklin, Any Rec. Assistant $600.00 TOTAL. . Mclvor, Kevin Rec. Assistant $500.00 TOTAL Bluiett, William Rec. Assistant $400.00 TOTAL Halliday, Linda Rec. Assistant $400.00 TOTAL ' Vaughn, Lynn Rec. Assistant $400.00 TOTAL Mouracade, Mike Rec. Assistant $350.00 TOTAL Zierk, Holly Rec. Assistant $350.00 TOTAL Colangelo, Barb Rec. Assistant $350.00 TOTAL Proudian, Greg Rec. Assistant $350.00 TOTAL g $ Uelena, Julio Rec. Assistant $350.00 TOTAL Regan, John Rec. Assistant $350.00 TOTAL Chiodo, Geri Rec. Assistant $350.00 TOTAL Martin, Kevin Rec. Assistant $350.00 TOTAL Toten, Daren Rec. Assistant $350.00 TOTAL Brown, Traci Rec. Assistant $350.00 TOTAL Kaplan, Amy Rec. Assistant $350.00 TOTAL CENTRAL PLAYGROUND I Paterno, Philip Sr. Rec. Leader $200.00(8 weeks) Chiapparelli, Michael Sr. Rec. Leader $200.00 Forbes, Susan Sr. Rec. Leader $ 80.00 (P.T.) Perri, Dawn Rec. Assistant $ 80.00 Carr, John Rec. Assistant $ 74.00 Woods, Deborah Rec. Assistant $ 80.00 Irwin, Elizabeth Rec. Assistant $ 75.00 Medico, Leonard Rec. Assistant $ 75.00 Seiden, Linda Rec. Assistant $ 75.00 -5- I • 128 TENNIS INSTRUCTION Rutledge, Suzanne Sr. Rec. Leader $ 175.00 Malfa, Laura Rec. Assistant $ 70.00 SAILING Paolucci, John Rec. Assistant $ 4.00/hour Bowne, Christopher Rec. Assistant $ 3.50/hour Peet, Mimi Rec. Assistant $ 3.50/hour Tomlin, Reid Rec. Assistant er, Eric Rec. Assistant $ 3.50/hour Weinber g $ 3.50/hour MUSIC WORKSHOP Martin, Perry Sr. Rec. Leader $ 240.00 (5 weeks) Seih, Eleanor Rec. Assistant $ 90.00 (5 weeks) Friedman,James Rec. Assistant $ 65.00 (5 weeks) Targove, Wendy Rec. Assistant $ 65.00 (5 weeks) Williams, Richard Rec. Assistant $ 65.00 (5 weeks) Green, Martin Rec. Assistant $ 65.00 (5 weeks) Eldring, Suzanna Rec. Assistant $ 35.00 (5 weeks) Melnick, Ken Rec. Assistant $ 35.00 (5 weeks) Newman, Renee Rec. Assistant $ 30.00 (5 weeks) FITNESS Trezza, Jerry Sr. Rec. Leader $ 80.00 Chiapparelli, Michael Sr. Rec. Leader $ 40.00 BASKETBALL Rella, Richard Sr. Rec. Leader $ 80.00 II/ CENTRAL PRE SCHOOL Paterno, Bonnie Sr. Rec. Leader $ 100.00 O'Neill, Beth Rec. Assistant $ 40.00 O'Toole, Dennis Rec. Assistant $ 38.00 Sanchez, Lara Rec. Assistant $ 38.00 Wei, Jimmy Rec. Assistant $ 38.00 Woods, Patricia Rec. Assistant $ 38.00 CHATSWORTH PRE SCHOOL Forbes, Susan Sr. Rec. Leader $ 100.00 Chiodo, Donna Rec. Assistant. $ 42.00 Vail, April Rec. Assistant $ 42.00 Adams, Karen Rec. Assistant $ 40.00 Brustman, Kathleen Rec. Assistant $ 38.00 Gunsalus, Curt Rec. Assistant $ 38.00 Long, Meghan Rec. Assistant $ 38.00 O'Toole, Kathleen Rec. Assistant $ 38.00 Schmeidler, Lynn Rec. Assistant $ 38.00 Tamagna, Kathy Joe Rec. Assistant $ 38.00 Not on Agenda 1. Appointment - Youth Council Councilman McMillan presented Stephen Mawn's qualifications for ser- vice as a member of the Larchmont-Mamaroneck Youth Council and on motion by Councilman McMillan, seconded by Councilman Amlicke, it -6- 1 ?9 was unanimously RESOLVED, that Stephen Mawn of 74 Lansdowne Drive, Town, be and he hereby is appointed a member of the Larchmont- Mamaroneck Youth Council, effective immediately. 5. JOINT PUBLIC HEARING:Draft Environmental Impact Statement re Proposed Construction of Larchmont Apartments On motion by Councilman McMillan, 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. Deputy Supervisor Bloom explained the reason for this hearing and the relevant laws; reviewed the history of the proposal; clarified the decisions to be made by the Town Board, Planning Board and Zoning Board and emphasized that no decisions will be made this evening since the time for accepting comments has been extended to July 9th. He further emphasized that this Board's responsibility is to decide after receiving oral and written comments whether the proposal will have a significant environmental impact and noted that such comments will now be heard on the Draft Environmental Impact Statement. At this time Paul Kalos, Chairman of the Town Planning Board reviewed the reason for this Board being here this evening holding a public hearing in conjuction with the Town Board but for a somewhat different, yet similar purpose. Joel Sachs, Attorney for Garfield Housing Corporation addressed the Board and also reviewed in detail the events leading up to this evening with respect to the proposed apartment complex, including specific events and dates. George Forbes, Co-Counsel for Garfield Housing Corporation addressed himself solely to the Planning Board, speaking in support of the applica- tion for approval of the Subdivision. Michael Weiner of the Planning Firm that prepared the Draft E.I.S. highlighted some of the major aspects of that document and used visual aids to clarify his presentation and described in detail all aspects of the proposed building and its immediate surroundings. Mr. Weiner also elaborated on the traffic study conducted by his firm in relation to this proposal and other proposed developments being considered in surrounding areas. Steve Davis, who was responsible for the preparation of the air quality and noise sections of the report, expounded on those subjects. The matters of drainage, flooding, sanitary sewers, illegal connections and water supply were elaborated on by John Meyer. After Deputy Supervisor Bloom stated that all persons wishing to address the Board should clearly state their name and address, noting that a public stenographer was recording this Hearing, the following persons addressed the Board on the topics that follow: -7- 130 Gilda and Marshall Kaplan, 99 Madison Avenue, Town Jerry and Maxine Sanders, 42 North Chatsworth Avenue, Town Robert and Carol Dallos, 1 Huguenot Drive, Town Morton and Adele Goldstein, 21 North Chatsworth Avenue, Town Heidi Apt, 7 Lafayette Road, Town Maria Russell, 18 Mountain Avenue, Town Rosemarie and Carmine Magazino, 134 Murry Avenue, Town Maxwell Barrett, 16 North Chatsworth Avenue, Town Frances Miglio, 16 North Chatsworth Avenue, Town Kathy Siconolfi, 51 North Chatsworth Avenue, Town Dr. Leo Wilson, 15 Lafayette Road,Town Leonard Martin, Larchmont Acres, Town Barbara Klein, 16 Lafayette Road, Town Patricia Latona, 8 Lafayette Road, Town Horace Cardoza, 49 North Chatsworth Avenue, Town Lilly Kadison, 1 Washington Square, Town Robert Immerman, 47 Valley Road, Town James Kerrigan, 3 Washington Square, Town Dorothy Camilla, 1 Washington Square, Town Evelyn Walker, 14 Lafayette Road John Troy, 64 Pinebrook Drive, Larchmont Village Ted Brown, 5 Lafayette Road, Town Louise Sonnet, 17 Lafayette Road, Town Lee Ryan, 1 Overlook Terrace, Town Ellen Kahan, 21 North Chatsworth Avenue, Town Rose Silva, 7 Normandy Road, Town Howard Weinberg, 21 North Chatsworth Avenue, Town Frank Connelly, Attorney, 249 Huguenot Street, New Rochelle Arlene Adelman, 3 Washington Square, Town Anthony Math, 1 Washington Square, Town - purpose of the continuation of this Public Hearing on July 14th due to urging that Hearing not be held during summer months and concern that all residents wishing to have an opportunity to be heard on this matter not be denied because of the lateness of the hour - Irving Feder's connection with this project - emphasis that noise, air quality, traffic and density will have a significant adverse affect on the environment - submission and presentation of prepared statements disputing conclu- sions drawn in the Draft E.I.S. - submission and presentation of a prepared statement describing the distance problem of the proposed building from certain single-family homes - issue raised of inadequate fire re p rotectio n for proposed building - emphasis on impact on present recreational facilities - emphasis on impact on visual effects with respect to altering residents' existing views by removal of trees - problem of displacement of wilflife (rodents, skunks and racoons,etc.) - Alteration to the character of the neighborhood with respect to the insensitivity of the proposed building in relation to compatibility of the surrounding area -8- 131 - traffic safety concerns with repsect to previous request for traffic light in the area of North Chatsworth and Edgewood Avenue - queries regarding change of configuration of surrounding streets in relation to number of lanes - increased impact on garbage collection; fire and police protection - impact of eventuality of Thruway becoming a toll free road - increased stop and go traffic, impacting on air pollution - tax revenue to be derived from proposed development - water condition - corner of Lafayette Road and Madison Avenue - impact on already serious problem of parking - references to 1966 Master Plan - size of proposed project (5.5 acres vs 4.8 acres) and land coverage by building - aspects of retention basin on Madison Avenue - concern about only one entrance and exit to and from proposed building Member of the Planning Board, Mary Carlson noted that her Board has yet to hear from the Conservation Advisory Commission in relation to this project and since the Chairman, Alan Mason was in the audience, he stated that comments will be received from his Commission before July 9th once they have had an opportunity to meet and discuss the Statement. At this time on motion by Councilwoman Silverstone, seconded by Council- man Amlicke, it was unanimously RESOLVED, that this Board hereby adjourns this Joint Public Hearing until July 14th. ADJOURNMENT There being no further business to come before this Board, on motion duly made and seconded, this meeting was declared adjourned at 12:25 A.M. on June 24, 1982. Town Clerk Dorothy S. Miller -9- 132 MINUTES OF EXECUTIVE SESSION JUNE 24, 1982 The Executive Session was called to order at 12:26 A.M. on June 24, 1982 following the adjournment of the Special Meeting. Deputy Supervisor Bloom, Councilman Amlicke and Councilwoman IllSilverstone were present as were Town Clerk, Dorothy Miller and Town Attorney James Johnston. The memoranda of the Town Engineer, Charles Elfreich and Town Attorney, James Johnston relative to Marbourne Meadows Subdivision litigation were reviewed with clarifications by Mr. Johnston. On motion by Councilman Amlicke, seconded by Councilwoman Silverstone, it was unanimously RESOLVED, that this Board hereby authorizes the Town Attorney James J. Johnston to proceed with the settle- ' ment of the Sachetti vs. Blair liti- gation along the lines outlined in his memorandum attached hereto. Thereafter, on motion duly made and seconded, the executive session was adjourned at 12:32 A.M. Town Clerk Dorothy S. Miller li!I i -10- • WESTCHESTER COUNTY. N. Y. FOUNOEO 1661 TOWN ATTORNEY'S OFFICE 1889 PALMER AVENUE LARCHMONT. N. Y. 10538 JAMES J. JOHNSTON TOWN ATTORNE'Y 834-9444 TO: Deputy Supervisor. DATE: June 23, 1982 Members of the Town Council RE: MARBOURNE MEADOWS SUBDIVISION (U.S. COURT OF APPEALS - SECOND CIRCUIT) • Yesterday the Town Engineer and i appeared before Nathanial Fensterstock, Staff Counsel, for a pre-argument conference regarding the litigation entitled Sachetti v. Blair. This has to do with the development of the property known as the Marks property so as to accommodate 53 homes to be built by Windsor Realty Corporation. For several years, certain neighbors who feel that they will • • be detrimentally affected by a third road (which had been approved by the Town Planning .Board) , have litigated before all of the Courts of New York State and, on two occasions, the District • Court for the Southern District, their grievance. Yesterday a rather new element surfaced when Mr. Mendelson, a principle and attorney for all plaintiffs, argued that since the Planning Board minutes did not set forth why they had' allowed the developer to invoke Subsection M of Section 400 of the revised regulations for the approval of subdivision plats in the Town of Mamaroneck, he was deprived of his constitutional and civil rights in not being able to frame, much less articulate an adequate petition before Special Term in the New York Courts. -Section M reads: "Variations of the general requirements above outlined may be permitted by the Planning Board on application to the Planning Board when in its judgment, special factors warrant such a variation_ " Subsection 3 of Section 277 of the Town Law states: "Notwithstanding, the foregoing provisions of this section, the planning board may waive, subject to appropriate conditions, the provisions of any or all of such improvements and requirements as in its , 1 3 4 \ _ _ \ 1 , ■ - MEMORANDUM: Deputy Supervisor \ Town Council . Ill June 23, 1982 1 Page 2 , -....,-, judgment all the special circumstances of a particular i - 1 plat or plats are not requisite in the interest of the public health, safety and general welfare, or which in its judgment are inappropriate because of inadequacy or lack of connecting facilities adjacent or in proximity to the subdivision. " The provisions of this Subsection were made part of the Town's argument at all levels of litigation in this proceeding. The 1 Court at Special Term specifically mentioned that this Section I was a justification for the Planning Board's decision. - . . In fairness to Mr. Mendelson, he has complained about the inade- _ quacies of the minutes at all levels of litigation. However, he never argued until his appeal to the U.S. Courts that the inade- qUacy was a deprivation of his Constitutional and Civil Rights. Mr. Fensterstock drew our attention to a newspaper article appearing on the front page of yesterday's New York Times. (A -„,, copy of which is attached hereto and made a part hereof.) - , . Mr. Fensterstock claimed that he thought that the case which was 11/ the basis of the article could have an affect on the Circuit Court Judges and possibly this litigation if the provisions of Section 1983 (Civil Rights Act of 1871) were to be enlarged again by the Supreme Court. , . . . i Both the attorney for, the developer and I took the position 1 that Judge Griesa of the District Court had overcome this argument previously in stating that the present case is not brought under . Section 1983, but directly under the Fifth and Fourteenth 1 Amendments. The Judge then ruled that since Mendelson's appeal did not come within the provisions of Section 1983 that his claim I was barred. Fensterstock took the position yesterday that since . 1 the Court was now employing Section 1983 in civil rights cases, -Lich as the one reported in the proceeding entitled Patsy v. Florida Board of Regents (#80-1874) , that it could conceivably I have meant to widen its provisions and interpretation to actions Such as the one presently pending before the Circuit Court, entitled Sachetti v. - Blair. While I feel that this is a rather 1 remote possibility and so advised Mr. Fensterstock, he said that i all parties should consider seriously an amicable disposition of the case. 1 . 11/ - - Fensterstock then asked Mendelson how the matter could be settled. Mendelson said that he believed that his co-plaintiffs would agree • to a row of tress or bushes being planted which would help to prevent people coming from the property of the developer into their backyards. -- _ , -- 1 -1_2- ' 1.35 _ MEMORANDUM: Deputy Supervisor Town Council June 23, 1982 Page 3 For the amount of space involved (.approximately 500' ) our Engineer estimated that it would cost about $1,500; Mr. Mendelson figured $10,000. We did not disclose our Engineer's figure to Mr. Fensterstock. I then said that if the hedges or tress were to be planted, that they should be on the rear property of the plaintiffs. Mr. Mendelson took exception to this, but did agree that if the trees were to be put on Town land, that he would have his co-plaintiffs sign an agreement obligating them to the maintenance and care of whatever plantings were • eventually put in. Mr. Feniterstock then asked when I could put this proposition before the Town Board. I mentioned that there was a special Board meeting this evening and that I would attempt to have it before the members of the Board at that time. Mr. Fensterstock then gave us until Friday to r advise the Court as to whether or not, this proposal would be acceptable by all parties . At the same time, he, Mr. Fensterstock Pointed out that he thought that the plantings would be considerably less than the cost of printing the record on appeal and the briefs, and suggested that this be brought to the attention of our respective, clients. • The cost of the trees will be borne by the developer. As of this writing, there has been no communication on the developer' s side as to their receptivity to this proposal. However, their attorney has indicated to me that he believes, that they will accept this way of resolving the litigation and the attorney, has additionally said that he will recommend this form of settlement. I, on behalf of the Town of Mamaroneck, also recommend this ettlement. It will be of no cost to us; the maintenance, .care and pruning of the screening to be planted will be borne • by the owners of the property, and we will finally resolve the Matter once and for all. Chuck Elfreich, by separate coverrwill indicate the benefits he can envision with the screening being planted on Town property. I, therefore, respectfully request that I. be authorized to settle this matter along the above set forth lines. OW • 41 James J. Johnston Town Attorney JJJ:jmm Att. -13- 1 I , ') 136 TOWN OF MAMARONECK ---. .. I Maazriatoneck, N. Y. • To: .- Honorable Town Board Date: June 23, 1982 From: Charles R. Elfreich, Town Engineer Subject: Marbourne Meadows Subdivision IIII reviewed the construction plans for the above mentioned subdivision in response to Mr. Mendelson's request for the planting of hemlock trees as a buffer between the rear of their properties and the curbing of the proposed road (Prince Willows Lane). My first reaction was that any plantings should be on private property. However, if the plantings are spaced so close as to • create a barrier, then I question how the grass on Town property will be. maintained. Therefore, I recommend that any such plantings be installed as close as possible to the curb's edge without reaching out over the paved way. Each respective property owner should.be fully responsible for maintenance of said trees. For the frontage along Prince Willows Lane (460. feet) 5 foot high hemlocks � planted .8 feet apart would require approximately 60 trees. An allowance of $100 per tree furnished and installed totals $6,000.. Depending upon quality and quantity this estimate could vary. There is a short section of drain line in this area. It could be relocated to allow for the planting of trees. 1 Some of the area has rock out croppings. Those areas would have to be dealt with separately. 1. CRE:dm ,1 4, 1 , • . . . - -. .. . c V. • • " -i4-