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HomeMy WebLinkAbout1979_03_21 Town Board Regular Minutes MINUTES OF THE REGULAR MEETING OF THE TOWN BOARD OF THE TOWN OF MAMARONECK HELD ON MARCH 21, 1979 IN THE COUNCIL ROOM OF THE WEAVER STREET FIREHOUSE, WEAVER STREET, TOWN OF MAMARONECK (compiled on February 9, 2007 from the March 21, 1979 file) PRESENT: Supervisor Vandernoot Councilman Bloom Councilwoman Monsell Councilman McMillan ABSENT: Councilman DeMaio ALSO PRESENT: Mrs. Miller - Town Clerk Mr. Johnston - Town Attorney Mr. Aitchison - Superintendent of Highways Mr.. DeLuca - Comptroller Mr. Elfreich - Town Engineer NOT ON AGENDA Recognition of Long-Time Service to Town Boards and Commissions Supervisor Vandernoot recognized the long-time services of Mr. Maggini and Mr. Rigano on Town Boards and Commissions and, it was unanimously recognized that, WHEREAS, Fred Maggini, a member of the Planning Board since July 7, 1954, and its Chairman from June 6, 1956 until July 5, 1978, has tendered his resignation due to moving from our community, AND WHEREAS, During the twenty-five years he has served on this Board, he has given unstintingly of his time, particular knowledge and understanding of the community, and exceptional expertise, AND WHEREAS, Fred has played a major part in the conduct of this Board, the inception of its Rules and Regulations for the development of sub-division plats and in all other matters within its aegis, AND WHEREAS, His active and unbiased participation in the affairs of the Town and its planning including his Chairmanship of the SEQR Review Committee since its appointment in 1977 has left a mark on our community that no one else can attain, NOW THEREFORE, BE IT March 21, 1979 RESOLVED, that this resolution unanimously adopted this evening be spread upon the minutes of this meeting as a public tribute to him, AND BE IT FURTHER, RESOLVED, that this Board with great pleasure presents this resolution to him with its deep appreciation and sincere thanks for his dedication - and for the unique and lasting contributions he has made to the Town of Mamaroneck, its Planning Board, and all of its residents. It was further recognized that, WHEREAS, Joseph J. Rigano, a life-long resident of our community and a member of the Planning Board of the Town of Mamaroneck since July 7, 1954, has tendered his resignation from this Board, AND WHEREAS, During the twenty-five years he has served on the Board, he has been of immeasurable assistance in all matters and affairs before the Board due to his expertise as a builder and his unusual knowledge of the rock formation, drainage, etc. of all land in the Unincorporated Area of the Town, AND WHEREAS, Joe has served the Town and all of its residents with unqualified integrity and diligence and has given us the kind of dedicated service that is rare, unique and difficult to replace, NOW THEREFORE, BE IT RESOLVED, that this resolution unanimously adopted this evening be spread upon the minutes of this meeting as a public tribute to him, AND BE IT FURTHER RESOLVED, that this Board with great pleasure presents this resolution to him with its deep appreciation and sincere thanks for his long and singular service and for the many contributions he has made to our Town, our Planning Board and our residents. NOT ON THE AGENDA- Proposal from School Board Mrs. Jane Orans asked, on behalf of the School Board, if the government of the Town of Mamaroneck would work with them in a joint venture to form a committee to work towards total planning for the community. The Board thought this a good idea but suggested it be less, rather than more, formal. PUBLIC HEARING - Proposed Revision to Zoning Code 2 March 21, 1979 Councilmen Bloom and McMillan opened the hearing. Councilman Bloom remarked that the proposed revision would be to the Zoning Ordinance Section 45 of Chapter 89 of the Code of the Town of Mamaroneck, particularly, to permit exceptions to the provisions thereof and to designate such exceptions as Special Uses under Article IX of the Zoning Ordinance of said Town (Sections 89-48 through 89-53 of the Code of the Town of Mamaroneck). Councilman Bloom read the specific parts of the Code and gave further clarification and the reasoning and a date for the provision. Town Clerk Miller confirmed the publication of this proposed revision notice in the Daily Times on Sunday, March 11th. Mr. Arthur Katz read and presented to the Town Clerk a prepared statement against the proposal. Supervisor Vandernoot commented on Mr. Katz's statement, clarifying points he used. Mr. Robert Barrett spoke on behalf of the C.A.C. in favor of the proposed revision but guarded against making the procedures too onerous. Arthur Wexler, an architect in town, addressed the Board with questions and comments regarding the proposed revisions. Councilman Bloom addressed those concerns as well as the concerns of Mr. Katz regarding the length of time a special permit procedure would take as well as the need to create a Board of Architectural Review. Mr. Bill Bobbinhauser made comments regarding what New York State and New York City have in their codes regarding solar energy. Further comments for clarification by Mr. Katz were addressed by Councilman Bloom. Supervisor Vandernoot asked for other comments either for or against the proposal. The public hearing was closed by Councilman Bloom and Councilwoman Monsell. Motion was made by Councilman Bloom, seconded by Councilwoman Monsell, it was unanimously, BE IT ENACTED by the Town Board of the Town of Mamaroneck as follows: Section 89-45 of the Code of the Town of Mamaroneck is hereby amended by adding after the second sentence thereof and before the third sentence, the following sentences: Exceptions to the 10% area limitation may be provided for energy conservation devices provided however that application for any such exception shall not be treated as a request for variance under the Zoning Ordinance but shall be filed with the Town Board as an application for Special-Use Permit pursuant to Sections 89-48 through 89-53 of this Code. The Town Board may refer any such application to other official bodies for comment and recommendation before acting thereupon. OLD BUSINESS 1. Request - Committee on Family and Youth Supervisor Vandernoot acknowledged the presence of Dr. DiScipio, Chairman, and Tom Nealon who presented to the Town Board a proposal for an office of 3 - March 21, 1979 a Family and Youth Advocate to serve as an ombudsman to advocate the needs of the members. Tom Nealon commented that the greatest importance came out of the teenage forums. He mentioned a need for the availability of St. Augustines or other facilities and resources. He received and filed a prepared proposal regarding the establishment of a Youth Advocate in the Town and Village of Larchmont. A continuation of the discussion ensued with Dr. DiScipio expanding further on clarifications by both he and Mr. Nealon. There were questions from members of the Board, particularly, Councilman McMillan commenting that he was impressed with the proposal but unable to commit any funds. Councilwoman Monsell wanted clarification as to the lack of need for an Advocate in attendance on weekends, but having planned activities for someone else to carry out. 2. Authorization - Supplemental Youth Service & Recreation State Aid Application Supervisor Vandernoot commented he was in favor of whatever will help our youth and any way that can be found for money already allocated to be used - before any formal action is taken. Councilwoman Monsell was in agreement with the Supervisor. Councilwoman Monsell offered her compliments to the caliber of volunteerism in the community. 3. Report from Planning Board re: Rezoning Request Supervisor Vandernoot commented on the request taken up at the last Board meeting and the Planning Board's recommendation that the application be denied since the comprehensive rezoning of the Town in 1959 up-zoned this tract (along with others) so as to enhance and increase the value of property in the area. The Planning Board further is of the opinion that the requested down-zoning would nullify the work done in 1959 and constitute spot zoning. Councilman Bloom made a motion to accept the Planning Board's recommendation and deny the request, seconded by Councilman McMillan. Motion was unanimously accepted. 4. Acceptance of Road - Hilltop Road Supervisor Vandernoot commented on this item and referred to the letter addressed to the Town Board from Mr. Charles R. Elfreich, P.E., Town Engineer, dated March 19, 1979. The letter described that the Highway Superintendent, along with the Engineer, had inspected the improvements for the subdivision known as Sound View Woods Section III. They found the developer had installed all the required improvements in accordance with the approved construction drawings. They further noted Hilltop Road is 0.10 miles in length. On motion by Councilman Bloom, seconded by Councilman McMillan, it is unanimously, RESOLVED, that this Board hereby accepts as public streets or highways of the Town of Mamaroneck the street known as Hilltop Road (0.10 miles) located in the Subdivision known as Soundview Woods Section III shown on Map No. 14956 filed in the office of the County Clerk, Division of Land Records of Westcheser County, New York on September 14, 1966; And be it further 4 March 21, 1979 RESOLVED, that in accordance with the recommendation of the Town Engineer and Highway Superintendent, this Board hereby cancels Performance Bond No. 755660 in the amount of $27,000.00, dated October 10, 1966, upon which The Continental Casualty Company of Illinois is Surety and Investors Collateral Corp. of 166-11 Hillside Avenue, Jamaica, New York is Principal. 5. Engineer's Report - Dredging - Little Harbor Sound Supervisor Vandernoot presented a letter dated March 21, 1979 to the Town Board from Mr. Charles R. Elfreich, P.E., Town Engineer regarding dredging of Little Harbor Sound. The letter stated that Aqua Dredge had mobilized and assembled their equipment from March 5th to 8th. They started dredging on March 9th. Due to excessive submerged debris, their production of dredged material had been diminished to 60%. At this point in time approximately 20% of the dredging is complete. However, their productivity is improving and the project should be completed as originally estimated. COMMUNICATIONS 1. Notice of Public Hearing - Larchmont Village Zoning Board Supervisor Vandernoot received and filed the Public Notice of a meeting of the Zoning Board of Appeals of the Village of Larchmont, New York to be held on Wednesday, March 28, 1979 at 8:15 p.m. in the Municipal Building of said Village to consider Case No. 732: 2050 Boston Post Road, Larchmont, New York,Village Assessment Map Block 614, Parcel 17 RB (Retail Business). NOT ON AGENDA There were comments that there should be Public Discussion at the next Board meeting regarding the Manager form of government. THE COUNCILMEN Councilman Bloom 1. Resignations - Planning Board Councilman Bloom regretfully accepted the resignation of Mr. Edward J. Cibulay who had served on the Planning Board. 2. Appointments - Planning Board On motion by Councilman Bloom, seconded by Councilman McMillan, it is unanimously RESOLVED, that Mr. Warner Pyne, Jr. be appointed as a member of the Planning Board to fill the vacancy created by the resignation of Mr. Fred L. Maggini and to serve for the unexpired portion of his term of office, or until July 6,1983. On motion by Councilman Bloom, seconded by Councilman McMillan, it is unanimously RESOLVED, that Mr. Anton Schramm be appointed as a member of the Planning Board to fill the vacancy created by the resignation of Joseph J. Rigano and to serve for the unexpired portion of his term of office, or until July 6, 1979. 5 March 21, 1979 Councilman McMillan commented on the impressive background of Mr. Paul Kalos. On motion by Councilman Bloom, seconded by Councilman McMillan, it is unanimously RESOLVED, that Mr. Paul Kalos be appointed as a member of the Planning Board to fill the vacancy created by the resignation of Mr. Edward J. Cibulay and to serve for the unexpired portion of his term of office, or until July 6, 1980. 3. Apportionment No notes in file. Councilwoman Monsell 1. Appointments -Youth Council Councilwoman Monsell commented on the impressive qualities of Mr. Douglas Mac A. Millar. On motion by Councilwoman Monsell, seconded by Councilman McMillan, it is unanimously RESOLVED, that Mr. Douglas Mac A. Millar be appointed as a member of the Larchmont-Mamaroneck Youth Council. Councilwoman Monsell further commented on the impressive qualities of Mrs. Suzanne Scherer. On motion by Councilwoman Monsell, seconded by Councilman McMillan, it is unanimously RESOLVED, that Mrs. Suzanne Scherer be appointed as a member of the Larchmont-Mamaroneck Youth Council. NOT ON AGENDA Attention was addressed to the monthly report of the Town Center dated February, 1979. NOT ON AGENDA The Town Attorney sought authorization for defending 2 cases. Motion was made by Councilman McMillan, seconded by Councilwoman Monsell to defend Montessori. Motion was made by Councilwoman Monsell, seconded by Councilman McMillan to defend the Moralito (Town of Cortlandt) case. ADJOURNMENT There being no further business to come before the meeting, on motion duly made and seconded, it was declared adjourned at 10:13 p.m. BOARD OF FIRE COMMISSIONERS 1. Claims Pursuant to a memorandum addressed to the Honorable Town Board from Genevieve F. Soriano, Deputy Comptroller, dated March 21, 1979, herewith presented and ordered received and filed, on motion by Councilman Bloom, seconded by Councilman McMillan, it was unanimously, RESOLVED, to pay the following claims: 6 March 21, 1979 Con Edison of N.Y. 26.09 Dri-Chem Entinguisher Corp. 240.50 Excelsior Garage & Machine Works 684.37 Exterminating Division 10.78 N. LaRussell 43.10 Lawrence Heat & Power 849.79 John Musacchio 1,150.00 Park Construction Inc. 3,226.00 William Smith Supplies Inc. 72.20 $6,302.83 • 2. Reports Fire Report for the month of January, 1979: Nature of Calls: General 13 Minor 5 Still 33 False 2 Monthly Drill 1 Total Calls 54 Origin of Calls: Fire Phone 39 Town Police 6 Larchmont P.D. 2 Flex Alarm 2 Other 5 Total Calls 54 Number of Men Responding 926 Total Hours Responding to Calls 18 Hrs. 26 Mins. Fire Report for the month of February, 1979: Nature of Calls: General 9 Minor 5 Still 4 False 0 Monthly Drill 1 Total Calls 19 Origin of Calls: Fire Phone 12 Town Police 4 Larchmont P.D. 1 Flex Alarm 0 Other 2 Total Calls 19 Number of Men Responding 325 Total Hours Responding to Calls 9 Hrs. 46 Mins. 3. Other Business No other business. 7 March 21, 1979 ADJOURNMENT The meeting was unanimously adjourned at 10:15 p.m.. Transcribed on February 6, 2007 Patricia A. DiCioccio Town Clerk For Dorothy Miller Town Clerk 8