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HomeMy WebLinkAbout1979_03_07 Town Board Regular Minutes MINUTES OF A REGULAR MEETING OF THE TOWN BOARD OF THE TOWN OF MAMARONECK, HELD MARCH 7th, 1979, IN THE AUDITORIUM OF THE WEAVER STREET FIRE- HOUSE, WEAVER STREET, TOWN OF MAMARONECK. CALL TO ORDER The Supervisor, called the meeting to order, at 8:15 p.m. ROLL CALL Present: Supervisor Vandernoot Councilman McMillan Councilman DeMaio Councilwoman Monsell Absent: Councilman Bloom Also Present: Mrs. Miller - Town Clerk Mr. Johnston - Town Attorney Mr. DeLuca - Comptroller Mr. Elfreich - Town Engineer APPROVAL OF MINUTES The minutes of the regular meeting of January 3rd, 1979 were presented and on motion by Councilman McMillan, seconded by Councilwoman Monsell, approved as submitted. PUBLIC HEARING (Adjourned) Special Permit Application - Proposed Restaurant On motion by Councilman DeMaio, seconded by Councilman McMillan, it was unanimously Resolved , that the public hearing be and it hereby is declared re-opened. The Clerk presented the Affidavits of Publication of the Notice of Hearing together with the Affidavit of Posting for the record. The Supervisor then referred to several questions which had been brought up at the January 17th hearing which required further clarification and also presented a letter addressed to the Board under date of January 24th by Mrs. Beatrice Stone of 724C Larchmont Acres questioning certain of the matters hereinabove referred to and requesting the Board to please give most careful consideration to granting this application which was herewith ordered received and filed for the record. In accordance with usual procedure, the Supervisor stated that first those in favor -- then those opposed to the applica- tion would be heard, and thereupon requested Richard Mannix, Esq. , Attorney for the applicant, to take the floor. - 1 - During the lengthy discussion which ensued, the Engineer and the Architect for the applicant were introduced by Mr. Man- nix and the several matters referred to by the Supervisor in his opening remarks namely: the noise resultant from the in- stallations of the exhaust fan and air conditioning unit; the possibility of the proposal being burdened with an easement through the property to Richbell Road; the report of the Vil- lage of Mamaroneck Traffic Commission requested by Coun- cilwoman Monsell; the provision of adequate parking facili- ties for the owners and employees of the proposed res- taurant and liquor service and the 24-hour-around-the- clock operation of the restaurant were resolved. The Town Attorney then inquired what kind of materials were to be used in the construction in view of the fact that no con- struction plans had been submitted to the Building Inspector and that the word "prefabricated" appeared in the application. Mr. Mannix again referred to the Architect who stated that upon approval of the application, all plans in detail would be submitted to the Building Inspector. Councilman McMillan then noted the Planning Board's mem- oranda under dates of December 15th, 1978 and January 17th, 1979 as had been previously presented by the Supervisor, filed for the record and reiterated this evening, and there- upon since no one else wished to be heard, moved that the hearing be closed. The motion was seconded by Council- woman Monsell and the following resolution unanimously adopted: Resolved , that the hearing be and it hereby is declared closed. Councilman McMillan then stated that he would move author- ization for the issuance of the Special Permit subject to conformance with all of the conditions set forth this evening and also those stated on pages 6 and 7 of the Memorandum submitted to the Town Planning Board at its December 13th, 1978 hearing by Richard Mannix, Esq. , attorney for the ap- plicant, as herewith presented and filed for the record. The motion was seconded by Councilman DeMaio, and the following resolution adopted by a vote of four ayes, Council- man Bloom being absent and therefore not voting. Whereas , Thanos Enterprises, Inc. has submitted an application and accompanying plans for the construction of a one-story restaurant building and off-street parking facilities at 1240 Boston Post Road in the Town of Mamaroneck, which property is known as Block 408 - Parcel 110 on the Tax Assessment Map of the said Town; and Whereas , the said application and plans are subject to a Special Per- mit pursuant to the Zoning Ordinance of the Town of Mamaroneck; - 2 - and W h e r e a s , the application has been duly referred to the Planning Board for study and recommendation; and Whereas , a public hearing was duly called by this Board for Jan- uary 17th, 1979 and adjourned to this meet- ing pursuant to the aforesaid Zoning Ordinance; and Whereas , this Board has examined the plans, specifications and ap- plication and finds that the conditions and standards required by the Zoning Ordnance for Special Permits have been met; Now , Therefore , Be It Resolved , that pursuant to the recom- mendations of the Town of Mamaroneck Planning Board, the applica- tion of Thanos Enterprises, Inc. for a Special Permit so as to allow a restaurant business at 1240 Boston Post Road, Town of Mamaroneck, is hereby granted and the Building Inspector of the Town of Mamaro- neck is authorized to issue a Special Per- mit for the construction of a one-story restaurant building as shown on the plans accompanying the application for the op- eration of a restaurant business, provided that the proposed construction conforms in all respects and in strict compliance with the Building Code, the Plumbing Code, and and the Zoning Ordinance of the Town of Mamaroneck; and also complies with the conditions set forth below, all subject to approval by the Town Building Inspector, the Town Engineer, and the Town Attorney: 1 . that the bar be solely a service bar to be used only by employees and no patron may order or consume a drink at this facility; 2. that there be a 3:00 a.m. cut-off for the service of liquor for the present; 3. that the operation of the proposed restaurant be conducted in strict compliance with the representa- tions on pages 6 and 7 of the Memo- randum submitted by Richard Man- nix, Esq. , Attorney for the - 3 - applicant, to the Town Planning Board at its hearing thereon on December 13th, 1978 and herewith presented and filed for the record, to wit: a. every patron will be seated and ser- ved in the restaurant; b. all food or beverage will be served to the patrons on or in china, glass or other types of permanent, re- usable and washable plates, cups and glassware. The cutlery will have the same permanent, reusable and washable qualities. No dis- posable plates, containers or cut- lery will be used to serve any food or drink to a guest; c. there will be no outdoor table ser- vice, take-out orders or catering operations conducted at the premises; d. there will be no jukebox, live music or entertainment; however, recorded music will be piped into the dining rooms and coin-operated music boxes will be available at the booths in the restaurant for a guest's individual listening pleasure; e. the owners and employees will park their vehicles at some site other than the subject premises. It being un- derstood that as shown on the draw- ings, submitted by Mr. Mannix on behalf of the applicant, there is only sufficient off-street parking space for patron use alone. and be it further Resolved , that a Building Permit be obtained within a period of three (3) months from the date of the adoption of this resolution; that construction be started within a period of six (6) months and completed within a period of one (1) year. PUBLIC HEARING: Plumbing Code Revisions On motion by Councilman McMillan, seconded by Councilwoman Monsell, it was unanimously Resolved , that the public hearing be and it hereby is declared open. The Supervisor presented a letter addressed to the Board by the Examining Board of Plumbers under date of January 31st, 1979 -- 4 - which was herewith ordered received and filed for the record= and the Clerk presented the Affidavits of Publication and Posting of the Notice of Hearing also ordered received and filed for the record. The Supervisor then reviewed the procedure to be followed, stating that those in favor of the proposed revisions would be heard first - then those opposed, and thereupon recognized Mr. Sam Paonessa, a member of the Examining Board of Plumbers, who outlined the reasons for their request. During the ensuing discussion, various clarifications were made by Councilman McMillan, Mrs. Miller and Mr. Paonessa in answer to questions posed by the Board. And in reply to a further question as to extending the bond from 1 to 3 years, the Attorney advised the Board that this matter was entirely within the aegis of the Clerk who had the right to change the house rules regarding the bonds. And thereupon since no one else wished to be heard, on a mo- tion by Councilwoman Monsell, seconded by Councilman Mc- Millan, it was unanimously Resolved , that the hearing be and it hereby is declared closed. Whereupon on motion by Councilman McMillan, seconded by Councilman DeMaio, the following resolution was unanimously adopted; Councilman Bloom being absent and therefore not voting: Resolved , that Article 60, Chapter II, Section 9 entitled, "Special examinations", and Article III, Section 19 entitled, "Fees" of the Plumbing Code of the Town of Mamaroneck be amended so as to read as follows: Article 9 - Special examinations A special examination may be held at any time at the discretion of the Board. The expense of such special examination, to wit, one hundred dollars ($100.00), shall be deposited with the Town Clerk by each appli- cant for such special examination. Article III . Section 19 - Fees A fee of fifty dollars ($50.00) shall be charged for the issuance of a master plumber's license and a fee of ten dollars ($10.00) shall be charged for the renewal thereof. Unless application for renewal is made, fee paid and bond furnished as hereinafter provided, be- fore the expiration of license, no renewal shall be issued, but the applicant must apply for a new license as herein provided. The Town Clerk shall, upon pay- ment of a fee of one dollar ($1 .00), issue a certified copy of said license for filing in other municipalities. - 5 - and be it further, Resolved , that the Clerk be and she hereby is authorized to publish Notice of the adoption of this resolution in the official news- paper of the Town of Mamaroneck, The Daily Times. Not on Agenda The Supervisor -- At this time the Supervisor called the Board's attention to the fact that a complete study for revision of the Town's Zoning Ordinance was in order but would be quite expensive -- and suggested since there was no provision in the present budget for such a study that a Consultant Firm be engaged to make a study under the direction of the Zoning and Planning Boards for the revision of those portions of the Ordinance most need- ing immediate revision. Mr. Vandernoot further advised that the Building Inspector, Attorney and he, after meeting with representatives from sev- eral highly recommended firms, had selected Frederick P. Clark Associates as the best qualified thereby requesting au- thorization for its engagement at a cost not to exceed the sum of $5,000.00. And thereupon on a motion by Councilwoman Monsell, sec- onded by Councilman DeMaio, it was unanimously Resolved , that the Supervisor be and he hereby is authorized to engage the firm of Frederick P. Clark Associates, Planning and Development Consultants, 29 Locust Avenue, Rye, New York to conduct a study for revision of certain portions of the Town of Mamaroneck Zoning Ordinance in accordance with the direction of the said Town's Zoning and Planning Boards, at a cost not to exceed the sum of $5,000.00. OLD BUSINESS 1 . Approval of Bids - Garbage Trucks Pursuant to memorandum addressed t o all Town and Village of- ficials ficials by Fred F. Kellogg Jr. , Superintendent of the Larch- mont-Mamaroneck Joint Garbage Disposal Commission under date of February 26th, 1979 reporting on bids for the purchase of five (5) Garbage Trucks by the Commission (three (3) for the Town and two (2) for the Village) together with a memo- randum recommending award of bid, dated February 29th, 1979 and co-signed by Mr. Kellogg as Superintendent of Public Works, Village of Larchmont and William T. Aitchison, Su- perintendent of Highways, Town of Mamaroneck, herewith pre- , sented and filed for the record, on motion by Councilwoman Monsell, seconded by Councilman DeMaio, it was unanimously - 6 - Resolved , that this Board hereby accepts the bid of the low bidder, that of Pleasantville Ford, Inc. , in the amount of $104,066.98, for furnishing to the Larch- mont-Mamaroneck Joint Garbage Disposal Commission three (3) Garbage Trucks at the above-named figure for the Town of Mamaroneck. 2. Resolution re Request for Urban County Funds for Larchmont Reservoir Siphon Following Mr. Kellogg's and Mr. Elfreich's attendance of an Urban County meeting regarding that Agency's funding of the design for a siphon to be placed over the top of the Larchmont Reservoir dam, theSupervisor presented for the record the resolution as adopted by the Village of Mamaroneck at its February 14th, 1979 meeting -- noting that similar resolu- tions must be adopted by the Town and Larchmont Village. Whereupon, on a motion by Councilman McMillan, seconded by Councilwoman Monsell, the following resolution was unan- imously adopted: Whereas , Westchester Urban County has authorized a Level Sensing De- vice to control a 20" valve at the Larchmont Reservoir dam as part of a flood control sys- tem for the Sheldrake River, and Whereas , in order to expedite the reduc- ing of the water level in the Reservoir, it was recommended that a 20" siphon be designed for placement over the top of the dam, Now , Therefore , Be It Resolved , that Westchester Urban County make available out of its present year's contingent funds, the neces- sary money to prepare the design, specifica- tions and construction of the proposed siphon. Councilman DeMaio then asked Mr. Elfreich, the Engineer, what the positive effect of the proposed siphon Would be on increasing the protection of the residents along the Shel- drake River below the Reservoir? He replied that the pro- posed siphon would have the potential to utilize the maxi- mum carrying capacity of the stream during storms in such a manner as to give added storage potential to the Reservoir thereby giving a higher percentage of relief to those residents now experiencing flooding. - 7 - NEW BUSINESS 1 . Authorization to Collect 1979 State, County, Town& Special District Taxes Pursuant to request of the Receiver of Taxes for authorization to collect the 1979 State, County, Town and Special District taxes and publish and post the necessary Notice thereof, on motion by Councilman McMillan, seconded by Councilwoman Monsell, it was unanimously Resolved , that this Board hereby authorizes the Deputy Receiver of Taxes of the Town of Mamaroneck to collect the 1979 State, County, Town and Special District taxes and the water rents which become a lien on Jan- uary 1st, 1979, and be it further R es 01 v e d , that in accordance with the provi- sions of Section 500 of the West- chester County Administrative Code, "The Daily Times", the official newspaper published in the Village and the Town of Mamaroneck, is hereby designated as the newspaper in which the Deputy Receiver of Taxes and Assessments shall publish the "Notice of the Collection of State, County, Town and Special District taxes and wa- ter rents", and be it further Resolved , that in accordance with the provi- sions of Section 550 of the West- chester County Administrative Code, the Town Board does hereby direct the Deputy Receiver of Taxes and Assessments to mail to each taxpayer of the Town of Mamaroneck, whose address is known to said Deputy Receiver of Taxes and As- sessments, a tax bill for all taxes and water rents, the expense thereof to be a Town charge. 2. Salary Authorizations a. Recreation Pursuant to memorandum addressed to the Board by the Super- intendent of Recreation under date of March 1st, 1979 herewith presented and ordered received and filed, on motion by Coun- cilman McMillan, seconded by Councilman DeMaio, it was unanimously Resolved , that as provided for in the 1979 Town budget, this Board hereby authorizes that Mitchell Berger, Sr. Rec. Leader, Gymnastics, be compensated at the rate of $10.00 per hour, effec- tive as of March 10th, 1979. 8 - b. Engineer's Office (C ETA) Pursuant to memorandum addressed to the Board by the Comptroller/Director of Finance, Carmine A. DeLuca, under date of March 6th, 1979 herewith presented and' ordered received and filed, on motion by Councilman DeMaio, seconded by Councilwoman Monsell, it was unanimously Res 01 v e d , that this Board hereby au- thorizes the employment of Eugene Guadagnola as a draftsman in the Engineer's office under the CETA funded program, effective as of February 13th, 1979 and for a period not to exceed one (1) year. 3. Petition for Change of Zoning Property at corner of Weaver and Palmer Following the Supervisor's presentation of a petition from A. R. Spencer Associates, Inc. requesting that the prop- erty located at 1140 Palmer Avenue, Larchmont, New York and known as Block 406 - Parcel 335 on the Tax Map of the Town of Mamaroneck be rezoned from R-75 to R-6, on mo- tion by Councilman DeMaio, seconded by Councilwoman Monsell, was unanimously referred to the Planning Board for study and recommendation to this Board pursuant to Section 432 of Article IV of the Zoning Ordinance. COMMUNICATIONS 1 . Notice of Public Hearing New Rochelle City The Supervisor presented a Notice of Public Hearing to be held by the City of New Rochelle on a proposed amendment to the Zoning Ordinance at 8:00 p.m. on Tuesday, March 20th, 1979 at City Hall, which was herewith ordered re- ceived and filed. 2. Letter, Urban County re Funding The Supervisor presented a letter dated February 28th, 1979 from Lawrence C. Salley, Program Administrator, Urban County Community Development Program, reporting approval of the Sheldrake River - Stream Bed Improve- ments Project with Urban County Funding Allocations of $60,000. for the year 1979, $60,000. for 1980, and $60,000. for 1981 , which was herewith ordered received and filed for the record. - 9 - 3. Letter - Larchmont Village Police Chief The Supervisor read a letter addressed to Chief Barasch by- Albert Lowman, Chief of Police of the Village of Larchmont under date of March 6th, 1979 which highly commended two Town Police Officers on their assistance to the Village in a reported armed robbery which was herewith ordered re- ceived and filed. REPORTS The Town Clerk -- The Clerk presented the following Reports which were here- with ordered received and filed: Regular Reports -- Report of the Building and Plumbing Inspector for the month of February 1979. Report of the Town Clerk for the month of February 1979. Annual Reports -- Annual Report of the Fire District Treasurer for the year ended December 31st, 1978. Annual Report of the Secretary-Treasurer of the Larchmont-Mamaroneck Joint Garbage Disposal Commission for the year ended December 31st, 1978. Annual Financial Report of the Town of Mamaroneck for the fiscal year ended December 31st, 1978. Annual Report of the Town of Mamaroneck Police Department for 1978. The Supervisor -- - 1 . Flood Control Bill Following the Supervisor's presentation and review of a letter addressed to him by Assemblyman Perone under date of February 1st enclosing a proposed Flood Control bill in- troduced by Senator Pisani and himself and herewith ordered received and filed, the Board, as requested in said letter, unanimously directed the Supervisor to write the Chairmen of the Legislative Committees concerned urging favorable consideration of the proposed legislation with copies to Assemblyman Perone and Mamaroneck Village Manager Armand Gianunzio. - 10 - The Councilmen -- Mr. McMillan -- 1 . Resolution authorizing bids - Cable TV Upon the Town Attorney's affirmative reply to Councilman McMillan's question as to whether it would be appropriate for the Board to adopt a resolution at this meeting author- izing the solicitation of bids for Cable TV proposals pro- vided the date for return of bids was fixed by the Village of Larchmont which would receive same and a similar resolution was passed by the Village of Mamaroneck, on his motion, seconded by Councilwoman Monsell, it was Resolved , that this Board hereby author- izes publication of a Notice of Solicitation for Cable TV Proposals for the Village of Larchmont, the Village of Mamar- oneck and the Town of Mamaroneck, subject to the Village of Larchmont's fixing a date for the return of said bids and the adoption of a similar resolution by the Village of Mamaroneck. 2. Approval of Employee Change Narcotics Guidance Council Pursuant to a letter addressed to the Supervisor and Town Council under date of February 24th, 1979 by Alan Scott, Chairman of the Larchmont-Mamaroneck Narcotics Gui- dance Council, herewith presented by Councilman Mc- Millan and ordered received and filed for the record, on his motion, seconded by Councilman DeMaio, it was unanimously Resolved , that this Board hereby approves the Narcotics Guidance Council's appointment of Jaime Navarro as community worker to fill the position heretofore held by Jim Gillan provided similar resolutions are adopted by the Villages of Larchmont and Mamaroneck. Mrs. Monsell -- 1 . Report re Family and Youth Councilwoman Monsell reported to the Board the Family and Youth Council's desire to have a Youth Advocate advising that Dr. DiScipio would make a formal request for funds therefor at the next meeting of the Board. - 11 The Town Attorney -- 1 . Authorization - Defend Zoning Board Upon the Attorney's request for authorization to defend the Zoning Board in the action brought by Mr. Katz, on motion by Councilman McMillan, seconded by Councilwoman Mon- sell, it was unanimous1S1 Resolved , that the Town Attorney be and he hereby is authorized to defend the Zoning Board of Appeals in the matter of the action by Arthur A. Katz of 18 Orsini Drive, Town. 2. Authorization - Oppose Otto Scheuble's Application re Appeal Pursuant to the Attorney's request, on motion by Councilman DeMaio, seconded by Councilman McMillan, it was unani- mously Resolved , that this Board hereby authorizes the Town Attorney to oppose the reinstatement of Otto Scheuble's appeal as filed by his attorney. Not on Agenda - - Mrs. Beth Nelkin Upon recognition, Mrs. Nelkin addressed the Board inquiring why the settlement for Daitch on Palmer Avenue was more fa- vorable to the Village of Larchmont than to the Town? The At- torney, replying for the Board, explained that it was due to the difference and application of equalization rates. Mrs. Nelkin also requested the Board to define exactly what Clarke Associates would do in its review of zoning, particularly calling to attention the matter of parking which she said she hoped would be one of the things looked into. ADJOURNMENT There being no further business to come before the meeting, on motion duly made and seconded, it was declared adjourned at 10:05 p.m. , to reconvene on March 21st, 1979. - 12 - BOARD OF FIRE COMMISSIONERS The meeting of the Board of Fire Commissioners was con- vened immediately upon the adjournment of the Town Board meeting. 1 . Claims Pursuant to memorandum addressed to the Commission by the Deputy Comptroller under date of March 7th, 1979, herewith presented and ordered received and filed, on mo- tion by Commissioner DeMaio, seconded by Commissioner McMillan, it was unanimously Resolved , that this Commission hereby authorizes payment of the following Fire Department claims as ap- proved by the Fire Chief and audited by the Comptroller's Office: AAA Emergency Supply Co. , Inc. $ 53.50 Con Edison 27.05 Dri-Chem Extinguisher Corp. 55.00 " 37.50 Excelsior Garage & Machine Works, Inc. 1 ,011 .67 Exterminating Division 10.78 Exxon Co. , U.S.A. 221 .97 Gundelach's Inc. 21 .00 The Larchmont Store 23.76 Edward Lasus, Inc. 54.00 Lawrence Heat & Power 627.74 McGuire Bros. , Inc. 44.00 Signacon Controls, Inc. 73.75 William Smith Supplies, Inc. 49.75 State of N.Y. Dept. of Labor (Boiler Safety Bur.) 10.00 New York Telephone Co. 499.08 19.94 Portronix Communications Inc. 7.75 ty 12.25 Signacon Controls, Inc. 39.32 $2,899.81 2. Other Business The Fire Chief -- a. Presentation of Badge Chief Condro, on behalf of the Town of Mamaroneck Fire Department, presented an official Fire Com- missioner's badge to Commissioner Monsell which she accepted with great pleasure -- expressing her thanks and appreciation to the Chief and all of the members of the Town Fire Department. - 13 - b-. Flooding Problem Weaver Street Firehouse The Chief reported that a flooding problem downstairs which had been caused by ground water coming in through the foundation during the last heavy storm had resulted in con- siderable damage to furniture, etc. , all of which was at this time being documented in a letter to the Town Engineer. ADJOURNMENT There being no further business to come before the meeting, on motion duly made and seconded, it was declared adjourned at 10. 15 p.m. , to reconvene on March 21st, 1979. Town Clerk - 14 -