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HomeMy WebLinkAbout1980_12_17 Town Board Regular Minutes MINUTES OF A REGULAR MEETING OF THE TOWN BOARD OF THE TOWN OF MAMARONECK, HELD ON THE 17TH DAY OF DECEMBER 1980 IN THE AUDITORIUM OF THE WEAVER STREET FIREHOUSE, TOWN OF MAMARONECK. Present were the following representing all members of the Board: III Supervisor Leo Goldsmith, Jr. Councilman Lee H. Bloom Councilman Stewart J. McMillan Councilwoman Charlotte P. Monsell Councilman Thomas R. Amlicke PUBLIC HEARING: Special Permit application - Restaurant and Catering Business On motion by Councilman Bloom, seconded by Councilwoman Monsell, it was unanimously RESOLVED, that the public hearing be and it hereby is declared open. The Clerk then presented for the record the Affidavits of Publication and Posting of the Notice of Hearing. A brief discussion ensued during which George Forbes, Attorney for the Applicants reviewed the memorandum in support of the application. In view of the rec ent tragedy at Stouffer's Inn, fire protection was brought up in the discussion and the Supervisor presented the following III communications which were made a part of the record of this hearing: Planning Board's memorandum of November 13, 1980 Letter, Westchester County Planning Board of December 15, 1980 Letter, Peter Q. Eschweiler of December 10, 1980 Building Inspector's memorandum of December 16, 1980 Since no one else wished to be heard relative to the application,. on motion by Councilwoman Monsell, seconded by Councilman Amlicke, it was unanimously RESOLVED, that the public hearing be and it hereby is declared closed. Thereupon, on motion by Councilman Bloom, seconded by Councilman Amlicke, the following resolution was adopted: WHEREAS, Chris and Catherine Cunningham have submitted an application and accompanying plans so as to allow the premises located at 2155 Palmer Avenue in the Town of Mamaroneck, to be used for a restaurant and catering service, said premises being known as Block 502 Parcel 326 on the Tax Assessment Map of the Town of Mamaroneck; and III WHEREAS, the said application and plans are subject to a Special Permit pursuant to Article IX, Chapter 89 Section 49 of the Zoning Ordinance of the Town of Mamaroneck; and -1- WHEREAS, the application has been duly referred to the Planning Board for study and recommendations; and WHEREAS, a public hearing was duly called by this Board for this meeting pursuant to the aforesaid Section of the Zoning Ordinance; III and WHEREAS, this Board has examined the plans, specifications and application and finds the conditions and standards re- quired by the Zoning Ordinance for Special Permits have been met; NOW, THEREFORE, BE IT RESOLVED, that pursuant to the recommendations of the Town of Mamaroneck Planning Board, the application of Chris and Catherine Cunningham for a Special Permit so as to allow a restaurant and catering service business use at the building located at 2155 Palmer Avenue, Town of Mamaroneck, is hereby granted and the Building and Plumbing Inspector of the Town of Mamaroneck is authorized to issue a Special Permit for said use as shown on the plans accompanying the application for the operation of a restaurant and catering service business, provided that the proposed interior application and of the Special Permit, are in strict com- pliance with all Codes of the Town of Mamaroneck and also complies with the conditions set forth below: 1. that the proprietors will not provide entertainment; III however, for small parties (20 to 40 people) the individual parties may provide one or more musicians; 2. that there be a service bar only and no cocktail lounge; 3. that closing time for the restaurant be 10:00 P.M. except for private parties. and it was further RESOLVED, that the applicants obtain the approval of the Building Inspector and the Fire Chief for the plans for fire protection, suppression and evacuation systems required to be installed in the building; and it was further RESOLVED, that the within permission is granted upon the condition that a Building Permit be obtained within a period of three (3) months from the date of the adoption of this resolution; that alterations be started within a period of six (6) months from the date of the issuance of said Build- ing Permit, and completed within a period of one (1) year from the date of issuance of the Permit. III At this time Supervisor Goldsmith acknowledged the presence of Richard Mancini, a boy scout working on his merit badge in communications relative to government and welcomed him to this meeting and invited him back to future meetings. -2- PPROVAL OF MINUTES The minutes of the regular meeting of November 5, 1980 were presented and on motion by Councilman Amlicke, seconded by Councilwoman Monsell, unanimously approved as submitted. The minutes of the regular meeting of November 19, 1980 were presented and on motion by Councilwoman Monsell, seconded by Councilman Bloom, unanimously approved as submitted. OLD BUSINESS 1. Adoption of 1981 Budget Comptroller Carmine A. DeLuca was asked by the Supervisor to review the changes made in the Budget since the public hearing and Mr. DeLuca noted that the major increases were in pool maintenance, electricity at the Ice Rink and gass and oil for police vehicles and he emphasized that because of an increase in estimated revenues, there would be no change in the rate already set. Following the Comptroller's presentation and some discussion, in which he outlined other increases and decreases, expressions of appreciation were extended to Mr. DeLuca by the Town Board and Arthur Gasparini on behalf of the Citizen Budget Committee as were similar phrases of thanks to the Citizen Budget Committee by the Board for their great sense of direction. The Supervisor added that there is hope that the efficiencies suggested by that group will be effected. Thereupon, on motion by Councilman Amlicke, seconded by Councilman Bloom, the following resolution was adapted by unanimous vote of the Board: WHEREAS, this Town Board has met on December 3rd at the time and place specified in the Notice of Public Hearing on the adoption of a Prelim- inary Budget for 1981 and has heard all persons desiring to be heard thereon; and WHEREAS, the Preliminary Budget as approved on November 5th has been modified as of this date; NOW, THEREFORE, BE IT RESOLVED, that this Board does hereby adopt such Preliminary Budget as modified as the Annual Budget of this Town for the fiscal year beginning on the first (1st) day of January 1981, and that such budget as so adopted be entered in detail in the minutes of the Proceeding of this Town Board; (Budget Herewith Inserted) and be it further RESOLVED, that the Town Clerk of this Town shall prepare and certify, in duplicate, copies of said Annual Budget as adopted by this Town Board, together with the estimates, if any, adopted pursuant to section 202-a, subdivision 2 of the Town Law, and deliver one (1) copy -3- • thereof to the Supervisor of this Town to be presented by him to the County Board of Legislators of this County; and be it further RESOLVED, that for the fiscal year 1981 the sum hereinafter set forth in the attached budget be levied, assessed, and collected upon the taxable properties in the Town of Mamaroneck outside of the Villages of Larchmont and Mamaroneck (Part Town) , the properties of the several districts and the several parcels of taxable property, fran- chise and assessments, and persons within the Town and within such special districts, be extended on the tax roll of the Town of Mamaroneck against each of the several par- cels affected by such assessments, or parts thereof; and be it further RESOLVED, that pursuant to the provisions of Chapter 654 of the Laws of 1927 as amended, and the provisions of Article 12 of Chapter 61 of the Consolidated Laws, known as the Town Law, as amended, there be levied against the several lots and parcels of land con- tained upon the statement hereto annexed and marked "Exhibit A", the several sums set forth opposite each such parcel or lot of land on such statement as and for unpaid water charges due upon said lots or parcels, which said sums shall be placed in a separate column of the tax roll of the Town of Mamaroneck under the name "Water Rents". • 2. Set Date for Public Hearing - Local Law No. 2 - Regulating the Possession and Consumption of Alcoholic Beverages in the Town of Mamaroneck. Following a brief discussion on the above captioned matter that had been taken up at several previous meetings and a final clarification of wording, on motion by Councilwoman Monsell, seconded by Councilman Amlicke, it was unanimously RESOLVED, that January 7, 1981 be set as the date for a public hearing so as to allow this Board to consider the adiption of proposed Local Law No. 1-1981 relative to the possession and consumption of alcoholic beverages in the Town of Mamaroneck; and it was further RESOLVED, that the Clerk be and she hereby is authorized to publish in The Daily Times, the Notice of said hearing as required by law. 3. Planning Board Recommendation - Special Permit Application - --- Restaurant and Bar. The Clerk presented the memorandum from the Planning Board recommending approval with certain conditions of the above noted application and on -4- motion by Councilman Bloom, seconded by Councilman McMillan, it was unanimously RESOLVED, that January 7, 1981 be set as the date for the public hearing on the request for Special Permit so as to allow a restaurant and bar use at 1232 Boston Post Road; i III and it was further RESOLVED, that the Clerk be and she hereby is authorized to publish in The Daily Times, the Notice of said hearing as required by law. 4. Not on Agenda - Report of Bids : a) 1981 Police Vehicle The Police Chief's and Comptroller's memorandum was presented and the following resolution was adopted by a four (4) to one (1) vote, with Councilman Amlicke voting against the acceptance of the bid: RESOLVED, that this Board hereby accepts the bid of the low bidder, namely New Rochelle Dodge for . one (1) 1981 police vehicle in the amount of $8,032.00. b) Sale of 1978 Dodge Monaco Pursuant to the Police Chief's and Comptroller's memorandum, relative to the above noted matter, and following Mr. DeLuca's notation that III the car had gone out to bid twice and his explanation of the condition of the car, on motion by Councilman Bloom, seconded by Councilwoman Monsell, it was unanimously RESOLVED, that this Board hereby accepts the high bid for the sale of the 1978 Dodge Monaco to Thomas O'Toole in the amount of $305.00 Not on Agenda Elizabeth Siegal of 7 East Drive brought to the Board's attention the following two matters: the only street light on her street has been out for some time and the hazardous situation of broken glass on the ground in the area of the glass recycling center. Both Supervisor Goldsmith and Councilman Amlicke thanked her for bringing these matters to the Board's attention and assured her they would be look into. Not on Agenda Catherine Clarke spoke to the Board relative to her organization Pet Assistance, Inc. and made further clarifications about their services explaining their arrangement with a kennel in Rye. The Supervisor ex- plained that the Board will make a decision at the next meeting. NEW BUSINESS 1. Salary Authorizations - Upon presentation of the Superintendent of Recreation's memoranda, on motion by Councilman Amlicke, seconded by Councilman McMillan, it was unanimously . -5- RESOLVED, that this Board wuthorizes payment to the following persons at the rates and effective dates as listed below: Elizabeth Donohue, Skating Aide, Hommocks Ice Rink, $2.50/hour, effective 12/1/80. Shelly Manton, Skating Aide, Hommocks Ice Rink, $2.50/hour, effective 12/1/80. Gayle Hahn, Skating Instructor, Hommocks Ice Rink, $10/hour, effective 12/7/80. Matthew Butcher, Rec. Assistant, Gymnastics, $20/session, effective 11/22/80. Donald Down, Rec. Assistant, Hommocks Pool, $2.25/hour, effective 12/1080, replacing Douglas Treasurer. Margaret O'Neill, Rec. Assistant, Open House Program, $3/hour, effective 12/8/80. 2. Authorization for Blanket Resolution re Budget Transfer Following presentation of the Comptroller's memorandum, on motion by Councilwoman Monsell, seconded by Councilman Bloom, it was uannimously RESOLVED, that this Board hereby authorizes the Comptroller to make all transfers of funds within the 1980 budget necessary to close out the books for the end of the fiscal year 1980. Not on Agenda THE SUPERVISOR 1. Community Conference Day Mr. Goldsmith announced that a Community Conference Day is being planned for Saturday, January 24, 1981 relating to substance abuse in our com- munity. He quoted from a letter received from the Steering Committee requesting this Board's support of their endeavor and thereupon, on motion by Councilman Amlicke, seconded by Councilwoman Monsell, it was unanimously RESOLVED, that this Board joins with numerous other community agencies and organizations in the sponsor- ship of Community Conference Day on Substance Abuse to be held on Saturday, January 24, 1981. THE TOWN ATTORNEY 1. Resolution - Receipt and Distribution of Funds re Cable Television Pursuant to Mr. Johnston's advise, on motion by Councilman McMillan, seconded by Councilwoman Monsell, it was unanimously RESOLVED, that "it is the intention of the Town of Mamaroneck to enter into an agreement with the Village of Larchmont and the Village of il Mamaroneck in respect to various matter per- taining to the underlying Agreement heretofore executed by the Town of Mamaroneck, the Village of Larchmont, and the Village of Mamaroneck with UA-Columbia Cablevision, Inc. : and it is further -6- RESOLVED, that this resolution shall take effect upon the adoption of a similar resolution by the Village of Larchmont and the Village of Mamaroneck. Not on Agenda Councilman Amlicke asked the Daily Times to publicize that in addition to the two normal Wednesday paper pickups on December 24th and 31st, an extra pickup will be conducted on Monday, December 29th and urged all residents to participate. Councilman Amlicke advised that the Town has been selected for a case study to be conducted by City College students under the supervision of their professor as part of an environmental planning course, the purpose of which will be to: 1. explore the ways in which the environment has been modified over time by human activity. 2. attempt to described the environment as it once was. 3. explore and propose ways in which the environment can be improved and/or protected in the future. He further stated that special emphasis will be placed on alternative methods of "retrofitting" our community to reduce energy needs, improve water quality, improve ecological conditions and create a better visual environment and noted that the Town's only requirement is to make Town staff available to supply the necessary information. Not on Agenda Supervisor Goldsmith took this opportunity on behalf of the Board to extend best wishes for Happy Healthy Holidays. ADJOURNMENT - In Memoriam - John L. Delius There being no further business to come before the Board, and follow- ing the Supervisor's notation that Mr. Delius was one of the first persons he met upon arriving in this community and that he considers this a personal loss as well as a community loss, on motion unanimously made and seconded, this meeting was declared adjourned at 9:41 P.M. , in respect to the memory of -- John L. Delius with the following resolution spread upon the minutes of this meeting as a public tribute to him: (see next page) BOARD OF FIRE COMMISSIONERS The meeting of the Board of Fire Commissioners was convened immediately upon the adjournment of the Town Board meeting. -7- IN MEMORIAM WHEREAS, John L. Delius, a resident of this community for the past fifty-two years, died on the 12th day of December of 1980, and WHEREAS, Mr. Delius served as Attorney for the Town of Mamaroneck for thirty years from 1934 through 1963 and was credited with saving the Town from bankruptcy during the Depression, and WHEREAS, he served on innumerable County and State Legislative Committees during these years and was commended to the highest degree for his many and varied achievements in the field of Municipal Law by all of the officials with whom he served, and WHEREAS, his willingness to share his expertise and knowledge of Municipal Law with all made him as great a teacher as he was a lawyer and his unfailing courtesy and patience earned him the love and devotion of all those with whom he worked, NOW, THEREFORE, BE IT RESOLVED, that this Councilm the staff, and all of the residents of our community who had the pleasure of knowing Mr. Delius pay him homage not only as a lawyer but also as a teacher, and be it further RESOLVED, that this resolution be entered upon the minutes of this meeting in public and permanent tribute to - - John L. Delius and that this meeting, convened in regular session this 17th day of December, 1980, stands adjourned in honor of and in respect to his memory. 1. Claims Commissioner Bloom presented the fire claims for authorization of payment, and on his motion, seconded by Commissioner Monsell, 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: Con Edison $ 31.27 2.00 3.00 Excelsior Garage 757.69 Exterminating Division 12.87 Larchmont Auto Parts 12. 32 Edward Lasus Inc. 35.00 Lawrence Heat & Power 1,334.39 Lawrence Heat & Power 219.04 New York Telephone Co. 578.88 II " 25.17 Jay Reynolds 45.15 Ronconi Equip. Co. 211.95 Town of Mamaroneck Highway Fund 21.00 $3,289.73 There were no reports or other business to come before the Commission, therefore on motion duly made and seconded, the meeting was declared adjourned at 9:44 P.M. Town Clerk -8-