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HomeMy WebLinkAbout1981_03_04 Town Board Regular Minutes MINUTES OF A REGULAR MEETING OF THE TOWN BOARD OF THE TOWN OF MAMARONECK, HELD ON THE 4TH DAY OF MARCH 1981 IN THE AUDITORIUM OF THE WEAVER STREET FIREHOUSE, TOWN OF MAMARONECK. The Supervisor called the meeting to order at 8:15 P.M. , Ill Present were the following representing all members of the Board: Supervisor Leo Goldsmith, Jr. Councilman Lee H. Bloom Councilman Stewart J. McMillan Councilwoman Charlotte P. Monsell Councilman Thomas R. Amlicke Also present were the following: Dorothy S. Miller, Town Clerk James J. Johnston, Town Attorney Carmine A. DeLuca, Comptroller Charles R. Elfreich, Town Engineer P. Thomas Leddy, Conservation Director Joseph V. Santoro, Acting Highway Superintendent PUBLIC HEARING: Applications for Sign Variances - Village Square Shop- ping Square a) Installation of Eleven Roof Signs b) Installation of Free Standing Sign On motion by Councilwoman Monsell, seconded by Councilman Bloom, 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. Mr. Bernard Rosenshein addressed the Board in support of his two appli- cations, speaking first about the already installed free standing sign and then the proposed eleven roof signs. Mr. Rosenshein's presentation included a description of the signs, the topography of the land on which the shopping center is located, the lack of visibility from the Boston Post Road and the hardship to his tenants. Mr. Rosenshein also spoke in defense of actions taken by him in violation of local codes. The following persons spoke in opposition to Mr. Rosenshein's two appli- cations: Jerry and Marilyn Glaser of 19 Rock Ridge Road, Hilton Brown of 7 Rock Ridge Road and Otto Scheuble of 3 Rock Ridge Road. It became quite apparent during the lengthy discussion that ensued that the applications were interrelated and much of the discussion related to both. Following dialogue in which clarifying factors were emphasized by various Board members, on motion by Councilman Bloom, seconded by Councilman McMillan, it was unanimously RESOLVED, that the public hearing be and it here by is declared closed. -- Supervisor Goldsmith. advised Mr. Rosenshein that this Board feels put upon becuase of the various actions taken by him in violation of the in- -1- structions given by the Building Inspector; that it is not good policy to create a violation and then come before the Board for relief by way of a variance; and assured him that this Board recognizes the problem of visibility faced by his tenants and also that this Board wants businesses to be successful in this community, but that the character of the neigh- borhood must be considered. Thereupon, on motion by Councilman Bloom, seconded by Councilman Amlicke, it was unanimously RESOLVED, that this Board hereby denies the sign variance application of Bernard Rosenshein for the installation of eleven roof signs at the Village Square Shopping Center, 1252-1274 Boston Post Road. At this time Councilwoman Monsell stated that she has abstained from vot- ing on other matters brought before this Board by Mr. Rosenshein because of his past association with her husband's law firm, but voted negatively along with the rest of the Board because of her strong opposition to the roof signs. Thereafter, on motion by councilman Bloom, seconded by Councilman Amlicke, the following resolution was adopted by a.majority vote of the Board with Councilwoman Monsell abstaining from the vote: RESOLVED, that in accordance with the Building Code, Chapter 14, Article XIX, Section 10.7, this Board, following a public hearing, modified the provisions of Chapter 14, Article XIX, Section 103, Paragraph D and grants the variance so as to allow the existing non-conforming free stand- ing sign having a face area of 60 square feet and a height of 16 feet at the front southeast corner of the property known as Block 407 Parcel 192, 1252-1274 Boston Post Road,, to remain and permits additional plaques provided the size of the sign is not increased. At this time the Supervisor acknowledged the presence of Diane Keane, County Legislator and granted her request to speak by changing the order of the agenda and taking up Item #1 under OLD BUSINESS. Mrs. Keane spoke in favor of beverage container deposit legislation and noted that 83% of her constituents responding to a questionnaire indicated that they were in favor of such a bill. During the discussion that followed, both Coun- cilmen Bloom and McMillan requested that a decision be deferred to a sub- sequent meeting. Mr. Bloom stated that he does not feel that the present bill covers the environmental, litter and energy consumption aspects and needs further study. Robert Barrett, C.A.C. Chairman, League of Women Voters' representatives Margaret Shultz and Caroline Silverstone, spoke in favor the the bill and urged the Board's support. John Kane a Mamaroneck Village resident spoke in opposition to the bill and cited problems incurred in places where such legislation has been enacted. Thereafter, on motion by Councilman Amlicke, who strongly urged support of the bill.,, seconded by Councilwoman Monsell, the following resolution was adopted by a majority vote of the Board with Councilmen McMillan and Bloom abstaining from the vote voicing need for the legislation to be improved: WHEREAS, it is the opinion of this Body that: Bottles and cans often create problems of litter; are a hazard to pedestrians, vehicles and animals; add to the amount of municipal solid waste; and ---- deplete our finite stock of natural resources, es- pecially energy; -2- and That requiring a mandatory deposit on all carbonated beverage containers sold in the State of New York would alleviate these detrimental conditions; and That removing beverage containers from the waste stream would make resource recovery facilities more efficient; and That proposed legislation considered in the New York State Legislature in 1980-81 (Senate S-2831 and Assem- bly A-3692) would not require a change to refillable bottles or affect non-beverage food containers; and That the institution of legislation would benefit the Town of Mamaroneck and the State of New York by de- creasing roadside litter, decreasing the threat to public health, vehicles and animals that is a result of such discarded containers, decreasing the amount of waste that must be disposed of in municipal waste facilities, conserving virgin raw materials and energy resources; NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Mamaroneck does support the enactment of State legislation similar to the 1980-81 Senate S-2831 and Assembly A-3692 which would require a deposit on all carbonated beverage con- "' sold in the State of New York. This resolution will take effect immediately. Councilman Amlicke then requested that Item #1 - Mr. Hohberg's Report on Premium Marsh undez NEW BUSINESS be taken up at this time. Mr. Hohberg, a member of the Conservation Advisory Commission and a science teacher at the High School briefly reviewed his study and elaborated on various aspects of his report which had been submitted to the Board. His presentation concluded with key recommendations based on the data incorporated in the report for the further manage- ment and restoration of the Premium Marsh: removal of a mud flat blockage, improvement of tidal flow, restoration and installation of retaining walls and wooden bulwarks, initiation and periodic repeti- tion of certain studies and investigation of and research for sources of possible funding to implement said recommendations. The Board thanked Mr. Hohberg for his very comprehensive report and Robert Barrett, C.A.C. chairman noted that funds may be available from the U.S. Army Corps of Engineers. APPROVAL OF MINUTES The minutes of the regular meeting of February 4, 1981 were presented and on motion by Councilwoman Monsell, seconded by Councilman McMillan, unanimously approved as submitted. The minutes of the regular meeting of February 18, 1981 were presented and on motion by Councilwoman Monsell, seconded by Councilman Bloom, unanimously approved as submitted. -3- • OLD BUSINESS 2. Assessor's Request - Correction of Assessment roll Councilman Bloom explained to Councilmen McMillan and Amlicke who were not in attendance at the last meeting the nature of the Assessor's re- quest for more specific details of the error. Councilwoman Monsell re- marked that she was not fully satisfied with the Assessor's explanation and thereupon on motion by Councilman Bloom, seconded by Councilman McMillan, the following was adopted by a 4 to 0 vote with Councilwoman Monsell abstaining for the reason stated above: RESOLVED, that pursuant to the provisions of Section 556, Subdivision 1 of the Real Property Tax Law and in accordance with the petition of the Town Assessor, this Board hereby authorizes the correction of an erroneous assessment on the 1979-80 Assessment Roll for 1980 taxes from $11,700 to $9,200 for Tax Exemption for Aged Persons on the premises owned by Wilhelmena Munter, 821 Woodbine Avenue, Village of Mamaroneck, and known as Block 911, Parcel 471 on the Tax Assessment Roll of the Town of Mamaroneck. NEW. BUSINESS 2. Salary Authorization - Recreation Pursuant to presentation of Mr. Kronenberger's memorandum, on motion by Councilman Bloom, seconded by Councilwoman Monsell, it was unanimously RESOLVED, that this .Board hereby authorizes that Elizabeth A. Irwin, Recreation Attendant at the Hommocks Pool be compensated at the rate $2.25 per hour, effective February 21, 1981. 3. Reappointment to Zoning Board Following Councilman Bloom's review of Mr. Boraczek's fine service on the Zoning Board thus far, on his motion which was seconded by Council- man Amlicke, it was unanimously RESOLVED, that A. William Boraczek be and he hereby is reappointed as a member and Chairman of the Town of Mamaroneck Zoning Board of Ap- peals, to serve a 5 year term of office, begin- ning immediately and terminating on February 19, 1986. 4. Recommendations - Addendum - Westchester Joint Water Works Capital Improvements. III Since the Board was not prepared to act on the recommendations, it was unanimously agreed that the matter be deferred to a subsequent meeting and the Clerk was requested to provide each Board member with a full description of the projects. 5. Comptroller re Lease - Senior Center Pursuant to presentation of Mr. DeLuca's memorandum, on motion by Council- -4- man Bloom, seconded by Councilwoman Monsell, it was unanimously RESOLVED, that this Board hereby rescinds the resolution adopted at the February 18th meeting; and it was further RESOLVED, that this Board authorizes the exercising of the option to extend the lease on the Addison - Street Senior Citizen Center for one year at $1100.00 per month with an option to renew the second year for the same amount with a 60 day cancellation notice. 6. Proclamation - Employ the Older Worker Week Pursuant to a brief discussion and with the unanimous consent of the Board, the Supervisor issued the following proclamation: WHEREAS, the Town of Mamaroneck is participating in a national effort to promote employment oppor- tunities for older workers and to focus the atten- tion of employers and employer organizations on the older worker as a great resource, and WHEREAS, those who employ older workers have at- tested to the older workers' stability, produc- tivity, reliability, sense of responsibility and loyalty, serious attitudes toward work, willing- ness to learn, and their steady work habits, and WHEREAS, unemployed older workers face articicially constructed barriers to employment, especially that of age discrimination and societal attitudes which bar them from the labor market, and WHEREAS, the Town of Mamaroneck is committed to developing, improving and expanding opportunities for a better life, for all its citizens, and WHEREAS, the Town of Mamaroneck can testify to the contribution of older workers to its own work force and to the community, and WHEREAS, the tide of national economic pressures is forcing older workers to return to and remain in the labor force; NOW, THEREFORE, I, Leo Goldsmith, Jr. , Supervisor do hereby proclaim the week of March 8-14, 1981 as Employ the Older Worker Week in the Town of Mamaroneck and call upon employers to unite with me in recognizing the value of older workers and to promote employment opportunities for older workers. -5- THE TOWN CLERK Regular Reports The report of the Town Clerk's Office for the month of February 1981, the report of the Building and Plumbing Inspector for the month of February 1981 and the Annual Report of the Secretary-Treasurer of the Larchmont-Mamaroneck Joint garbage Disposal Commission for the Town Clerk. REPORTS - THE COUNCILMEN Mr. Bloom 1. Apportionment Councilman Bloom submitted to the Board a report with respect to an apportionment, as annexed hereto, and on his motion, seconded by Councilwoman Monsell, it was unanimously RESOLVED, that the recommendation of the Assessor's Office in the form annexed hereto, be and it hereby is in all respects approved relative to the property located at 136 Larchmont Avenue in the Village of Larchmont. 2. Not on Agenda - Follow-up to Mr. Bunora's Letter In answer to Mr. Bloom's inquiry, he was advised that both Leon's Taxi and Mayor Quigley had been apprised of Mr. Bunora's request and that a copy of said communications would be provided to Mr. Bloom. Mr. Amlicke 1. Beautification Day - Glass Bottles Councilman Amlicke presented a letter from Fred Kellogg relative to a lc bonus payment to anyone bringing bottles to the recycling center on Beautification Day, May 16th. Following some discussion during which the legal aspects and control of such a project were questioned, it was unanimously agreed that the matter be deferred to a subsequent meeting pending further study of the matter. 2. Not on Agenda - Appointment to Recreation Commission Councilman Amlicke referred to the vacancy from the Village of Larch- mont on the Recreation Commission and proposed the name of Mary Anne Keane to fill that vacancy, and on his motion, seconded by Councilman McMillan, it was unanimously RESOLVED, that Mary Anne Keane (Mrs. Robert J.) of 9 Nassau Road, Village of Larchmont be and she hereby is appointed a member of the Town of Mamaroneck Recreation Commission, to serve a term of office beginning immediately and ter- minating on May 20, 1985. -6- 136 arc venue REPORT OF TAX DEPARTMENT Apportionment in accordance with Paragraph "Fifth", Section 557 of the Westchester County Administrative Code (Chapter 852 of the La-.s of 1948 as amended) requested on property carried on the Assessment Roll of 1980-1981 taxes of -1980-1981 REASON: Survey 1/28/81 Deed Dated Feb. 1981 • , DEPARTMENTAL RECOMMENDATION: That the property carried on the Assessment Roll of 1980-1981 taxes of 1981 TO BE APPORTIONED: BLOCK PARCEL OWNER LAND IMPROV. TOTAL - 613 68 Regal Beautician Products, Inc. 32,800 35,700 68,500 APPORTIONED AS FOLLOWS: 613, 68.1 Regal Beautician Products, Inc. 27,800 31,500 59,300 613' 68.2 Muriel Bernier 5,000. 4,200 9,200 • • dedzad F . ASSaSSOR George M. Derderian ACTION. OF THE TOWN BOARD: Dated: March 4, 1981 At a meeting of the Town Board held the tore going petition was (Granted or Rejected) CERTIFIED FROM THE MINUTES 49a. TOT,• , CLERK ADJOURNMENT There being no further business to come before the Board, on motion duly made and seconded, the meeting was adjourned at 10:41 P.M. BOARD OF FIRE COMMISSIONERS III The meeting of the Board of Fire Commissioners was convened immediately upon the adjournment of the Town Board meeting. 1. Claims Commissioner Bloom presented the fire claims for authorization of pay- ment 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: Garfield-Wolar Electrical Corp. $ 33.57 B & C Smith, Inc. 33.25 Excelsior Garage & Machine Works, Inc. 125.14 New York Telephone Company 33.21 New York Telephone Company 694.18 Lejan Service Station Inc. 37.00 Lawrence Heat & Power Corp. 1,663.23 2,619.58 ADJOURNMENT There being no further business to come before the Fire Commission, on motion duly made and seconded, the meeting was declared adjourned at 10:42 P.M. Town Clerk -7-