HomeMy WebLinkAbout1977_05_04 Town Board Regular Minutes 81
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MINUTES OF A REGULAR MEETING OF THE TOWN BOARD OF THE TOWN OF
MAMARONECK, HELD MAY 4, 1977, IN THE AUDITORIUM OF THE WEAVER
STREET FIREHOUSE, WEAVER STREET, TOWN OF MAMARONECK.
CALL TO ORDER
The Supervisor called the meeting to order after a slight delay
at 8:20 P.M.
ROLL CALL
Present: Supervisor Vandernoot
Councilman Bloom
Councilman McMillan
Councilman DeMaio
Councilman Perone
Absent: None
Also Present: Mrs. Miller - Town Clerk
Mr. Johnston - Town Attorney
Mr. Aitchison - Superintendent of Highways
Mr. DeLuca - Comptroller
Mr. Elfreich - Town Engineer
APPROVAL OF MINUTES
The minutes of the regular meeting of June 2, 1976 and the special
meeting of August 18, 1976 were presented and on motion duly made
and seconded, approved as submitted.
PUBLIC HEARING: Increase in Building & Plumbing Department Fees
On motion by Councilman McMillan, seconded by Councilman Bloom,
it was unanimously
RESOLVED, that the public hearing be
and it hereby is declared open.
The Clerk presented the Affidavits of Publication and Posting
of the Notice of Hearing and read into the record said Notice
in which the increases were enumerated.
Supervisor Vandernoot referred to the Building and Plumbing
Inspector's memorandum submitted several months ago indicating
that an increase in fees in his office were long overdue and
recommending the specific increases outlined in the public
notice. Following Mr. Vandernoot's explanation that the
procedure to be followed would be to hear first those in favor
of the increases, then those in opposition, George Carl of
76 North Chatsworth Avenue, Town, speaking in favor, noted
that the fees were extremely reasonable and Councilman McMillan
agreed and stated it is appropriate to effect the increases.
After Otto Scheuble's erroneous reference to a recent increase
in said fees, and since no one else wished to be heard either
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in favor of or in opposition to the increases, on motion by
Councilman Bloom, seconded by Councilman De1Kaio, it was
unanimously
RESOLVED, that the hearing be and it
hereby is declared closed.
Thereupon in response to the Supervisor's query as to the
Board's pleasure, on motion by Councilman Perone, seconded
by Councilman Bloom, the following resolution was adopted
by unanimous vote of the Board:
WHEREAS, this Town Board has met on
May 4, 1977 at the time and place
specified in the Notice of Public
Hearing to consider amending the
Schedule of Fees now set forth in
the Building Code, Plumbing Code,
Smoke Control Code, Fire Prevention
Code and Zoning Code of the Town of
Mamaroneck, and has heard all persons
desiring to be heard thereon;
NOW, THEREFORE, BE IT
RESOLVED, that following the close of
said hearing, this Board does hereby
amend the aforesaid Schedule of Fees
in the aforementioned Codes of the
Town of Mamaroneck by increasing the
fees to be effective immediately as
follows:
Page 1416 & 1417 Occupancy Permits
FROM TO
copies of C/0's $ 1.00 $ 3.00
original of C/0's $ 2.00 $10.00
Page 1420 & 1421 Item T
1. razing of any structure $ 5.00 $15.00 first story plus
$ 5.00 each additional story
additions or alterations
costing $100. - $1,000. $ 2.00 $25.00
each additional $1,000. $ 1.00 $ 2.00
new buildings $ 1.00 $25.00
for each $1,000. of
estimated cost $ 1.00 $25.00 for first $1,000.
of estimated cost plus
$ 2.00 for each additional
$1,000.
2. moving a building across the street
frame building $20.00 $50.00
other types $25.00 $50.00
3. for each day more than two days that such building remains
an obstruction to any street, etc.
$ 5.00 $50.00
4. fee for moving a building when no street or alley is used
$10.00 $25.00
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Page 1520 (Fuel-Oil Equipment)
FROM TO
fee $ 5.00 $10.00
Page 1545 Sign Permits
fee A. $ 5.00 $15.00
B. $ 3.00 $ 5.00
D. $10.00 $25.00
Page 2711 (Fire Prevention Code-Blasting Permits)
amount of bond $10,000. $50,000.
Page 2712 (Blasting Permit)
fee $ 5.00 $15.00
Page 6020 (Plumbing Code-Installation Fees)
9 fixtures or less $ 5.00 $10.00
10 fixtures to 40 $ .50 $ 1.00
each additional fixture
over 40 $ .25 $ .50
Page 6709 (Smoke Control Code - Fees)
each inspection $ 3.00 $10.00
annual inspection $ 5.00 $25.00
all subsequent in-
spections $ 3.00 $10.00
Page 8956 (Applications; Board of Architectural Review)
Section 89-49 is hereby amended so as to require a $25.00
fee for all applications for Special Permits made to the
Town Board.
and be it further
RESOLVED, that the Town Clerk is hereby
authorized and directed to publish in
the official newspaper of the Town of
Mamaroneck, The Daily Times, Notice of
the Adoption of the aforesaid amendments
and to post same on the Town Clerk's
Bulletin Board as required by law.
PUBLIC HEARING: Local Law #1 - 1977 - S.E.Q.R.
On motion by Councilman Bloom, seconded by Councilman Perone,
it was unanimously resolved that the hearing be and it hereby
is declared open.
The Clerk presented the Affidavits of Publication and Posting
of the Notice of Hearing for the record and at the request of
Supervisor Vandernoot, Councilman Bloom gave an indepth review
of the law. The Councilman noted that as with the Freshwater
Wetlands Act this is another complex law, the regulations of
which are not applicable to this Town, but since this law must
be adopted by June 1st, he stated that the Board should adopt
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the Local Law tonight and amend it at a later date.
During the discussion that followed, the Board was requested by
Mrs. Beth Nelkin, 20 Mohegan Road, Town to delay the adoption,
to which the Board explained the nonfeasibility of such a delay.
Whereupon since no one wished to be heard either in favor of
or against the Law, on motion by Councilman Bloom, seconded
by Councilman DeMaio, it was unanimously
RESOLVED, that the hearing be and it
hereby is declared closed.
And thereupon on motion by Councilman Bloom, seconded by
Councilman McMillan, the following resolution was adopted
by unanimous vote of the Board:
WHEREAS, this Town Board has met on
May 4, 1977, at the time and place
specified in the Notice of Public
Hearing to consider the adoption of
Local Law #1 - 1977 - Environmental
Quality Review Law and has heard all
persons desiring to be heard thereon;
NOW, THEREFORE, BE IT
RESOLVED, that this Board does hereby
adopt Local Law No. 1 - 1977 entitled
"Environmental Quality Review Law",
and that such Local Law as so adopted
and herewith inserted be made a part
of the minutes of this meeting:
(Local Law #1 - 1977 - Environmental
Quality Review Law herewith inserted
on the following page)
and be it further
RESOLVED, that the Town Clerk is
hereby authorized to publish in the
official newspaper of the Town of
Mamaroneck, The Daily Times, Notice
of the Adoption of the aforesaid
Local Law and to post same on the
Town Clerk's Bulletin Board as
required by law.
In furtherance of the Board's plan to amend the aforesaid Local
Law, on motion by Councilman Bloom, seconded by Councilman
McMillan, it was unanimously
RESOLVED, that this Boardihereby
appoints the following persons as
members of the SEQR Review Committee
to review the law and recommend
whatever changes it deems necessary
to clarify and simplify the Law in
order to make it more adaptable to
the Town of Mamaroneck:
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TOWN OF MAMARONECK
Environmental. Quality Review Law
Local Law #1 -1977
A LOCAL LAW of the Town of Mamaroneck pursuant to
Article 8 of the New York Environmental Conservation Law, pro-
viding for environmental quality review of actions which may
have a significant effect on the environment. .
BE IT ENACTED by the Town Board of the Town of Mamar-
oneck as follows :
Section 1 - DEFINITIONS
As used in this local law, the following terms
shall have the meanings indicated:
a. "Agency" means any state department, agency,
board, public benefit corporation, public authority
or commission and any local department, agncy,.
board, district, commission or governing body,
including any village, town, city, county and
other political subdivision of the state.
b. "Actions" include:
(i) projects or activities directly undertaken
by any agency; or supported in whole or part
through contracts, grants , subsidies, loans ,
or other forms of funding assistance from one
or more agencies; or involving the issuance to.
a person of a lease, permit, license, certifi-
cate or other entitlement for use or permission
to act by one or more agencies ;
•
(ii) policy, regulations , and procedure making.
c. "Applicant" means any person making an application
or other request for agency action.
d. "Environment" means the physical conditions which
will be affected by a proposed action, including land,
air, water, minerals, flora, fauna, noise, objects
of historic or aesthetic significance, existing
patterns of population concentration, distribution,
or growth, and existing community or neighborhood .
character.
e. "Environmental impact statement" means a written
document prepared in accordance with section 617.6
of Title 6 NYCRR. An environmental impact statement
may either be a "draft" or be "final". .
r f. "Conservation Advisory Commission" means the
Conservation Advisory Commission of the Town of
Mamaroneck.
g. "Exempt action" means any one of the following:
(i) enforcement or criminal proceedings or the
exercise of prosecutorial discretion in deter-
mining whether or not to institute such pro-
ceedings;
(ii) ministerial actions;
1/ (iii) maintenance or repair involving no sub-
stantial changes in existing structure or fa-
cility;
(iv) with respect to the requirements of sub-
division 2 of section 8-0109 of Article 8 of
1 the Environmental Conservation Law, actions
requiring a certificate of environmental com-
patibility and public need under Articles VII
and VIII of the Public Service Law and the
consideration of, grant or denial of any such
certificate;
(v) except as set forth in section 617.5 of
Title 6 NYCRR, actions undertaken or approved
prior to the effective date(s) of Article 8
of the Environmental Conservation Law; an action
shall be deemed to be undertaken or approved
° prior to such date(s) if, in the case of con-
struction activities, a contract for substantial
construction activities has been entered into or
11 if a continuous program of on-site construction
or modification has been engaged in or if, in
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the case of an action involving federal partici-
pation, either a draft environmental impact state-
ment or a negative declaration has been duly pre--
pared under the National Environmental Policy Act
of 1969.
(vi) actions which are immediately necessary
on a limited emergency basis for the protection
or preservation of life, health, property or
natural resources; and
(vii) actions of the Legislature of the State of
New York or of any court.
h. "Ministerial action" means an action performed
upon a given state of facts in a prescribed manner.
imposed by law without the exercise of any judgment
or discretion as to the propriety of the action,
such as the grant of a building permit, electrical
or plumbing permits or licenses , dog licenses and
the like, although such law may require, in some
degree, a construction of its language or intent.
is "Person" means any agency, individual, corpora-
tion, governmental entity, partnership, association,
trustee or other legal entity.
j . "Planning Board" means the Planning Board of the
Town of Mamaroneck.
k. "Town" means the Unincorporated Area of the Town
of Mamaroneck.
Section 2 - TYPES OF ACTIONS
A. The purpose of this section is to simplify- the task of
determining whether or not a proposed action may have a
significant effect on the environment by identifying the
types of actions which are likely to have a significant
effect and those which will not have a significant effect.
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Due to the complex and varied nature of actions , the
0 lists in this section are not all inclusive. Any omission
from the Type I or Type II lists of actions as set forth
herein shall not be conclusive. In these instances or,
if in the opinion of the Planning Board, a proposed project
f
or activity may have a significant effect upon the envir
onment, although it does not meet the specific standards
set forth under Type I actions , the Planning Board may,
at its discretion, require that an Environmental Impact
Statement be prepared.
B. The following classification system is used in this
section:
1 Type I actions or classes of actions that are
likely to require preparation of environ-
mental impact statements because they will,
in almost every instance, have a significant
effect on the environment.
Type II actions or classes of actions which have been
determined as not to have a significant effect
on the environment and which do not require
environmental impact statements under this
Part. .
(NOTE: This Part does not apply to actions by private persons
where no agency action is involved. The following lists are
intended to cover only actions of agencies or actions which
must be approved, funded or otherwise acted upon by an agency. )
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TYPE I
411 C. TYPE I ACTIONS
1) Construction of new (or expansion by more than 50%
of existing size, square footage or usage of existing) :
a) Airports
b) Public institutions such as hospitals, schools
and institutions of higher learning and corL
t rection facilities , major office centers
c) Road or highway sections (including bridges)
which require an indirect source permit under 6
NYCRR Part 203
d) Parking facilities or other facilities with an
associated parking area for 250 or more cars.
e) Dams with a downstream hazard of "C" classification
under Environmental Conservation Law (ECL) section.
15-0503
f) Stationary combustion installations operating at
a total heating input exceeding 1,000 million
BTU' s per hour
g) Chemical pulp mills , Portland, cement plants, iron
and steel plants, primary aluminum ore reduction
plants, sulfuric acid plants, petroleum refineries,
lime plants, sulfur recovery plants, fuel conver-
sion plants , Bi-product coke manufacturing plants.
h) incinerators operating at a refuse charging rate
exceeding 250 tons of refuse per 24 hour day
i) Storage facilities designed for or capable of
storing 500,000 or more gallons. of liquid natural
gas , liquid petroleum gas or other liquid fuels
j) Process, exhaust and/or ventilation systems
emitting air contaminants assigned an environmental
rating of "A" under 6 NYCRR 212 and whose total
emission rate of such "A" contaminate exceeds 1
pound per hour
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k) Process, exhaust and/or ventilation systems from
which the total emission rate of all air contami-
nants exceeds 25 tons per day
1) A sanitary landfill for an excess of 25 ,000 cubic
yards per year of waste fill
m) Any facility, development or project which is
to be directly located in one of the following
critical areas:
(i) freshwater wetlands as defined in the
"Freshwater Wetlands Law of the Town
of Mamaroneck
(ii). flood plains as defined in Article 36
of the ECL
(iii) areas with slopes of 40% or greater
n) Any facility, development or project having an
adverse impact on any historic building, structure
or site listed on the National Register of Historic
Places or in the Statewide Inventory of Historical
and Cultural Resources
o) Any facility, development or project which would
generate more than 2 ,000 vehicle trips per any
hour or more than 10,000 vehicle trips per any
eight-hour period
p) Any facility, development or project which would
use ground or surface water in excess of 50,000
gallons in any day
q) Any industrial facility, which has a yearly aver-
age discharge flow, based on days of discharge, or
greater than 0o25MGD
r) Any publicly or privately owned sewage treatment
works which has an average daily design flow of
more than 0o25MGD
s) A residential development that includes 25 or more
Aill units in an unsewered area or 200 or more units
in a sewered area .
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t) Lakes or other bodies of water with a water
surface in excess of 25 acres
2) Any funding, licensing or planning activities in
respect of any of the types of construction listed in (a) above
3) Application of pesticides or herbicides over more than
500 contiguous acres
4) Clearcutting of 25 or more contiguous acres of forest
cover or vegetation other than crops
5) The proposed adoption of comprehensive land use plans,
zoning ordinances, building codes, comprehensive solid waste
plans , state and regional transportation plans, water .resource.
basin plans, comprehensive water quality studies , area-wide
water treatment plans, state environmental plans , local flood
plain control plans, and the like
6) Commercial burial of radioactive materials requiring
a permit under 6 NYCRR Part 380
7)_ Any action which will result in excessive or unusual
noise or vibration taking into consideration the volume, in-
tensity pitch, time duration and the appropriate land uses
for both the source and the recipient of such noise or vibration
8) Acquisition or sale by a public agency of more than
50 contiguous acres of land
D. TYPE II ACTIONS
a) Construction or alteration of a single or two-family
residence and accessory appurtenant uses or structures, .
but not if such construction or alteration: (a) is .
in conjunction with the construction or alteration of,
two or more such residences; (b) is in a critical
area as described in this section for Type I actions;
(c) may cause significant water supply, sewerage.
• disposal, drainage, fire protection, traffic or
noise problems.
b) The extension ,of utility facilities to serve new or
altered single or two family residential structures
or to render service in approved subdivisions
c) Construction or alteration of a store, office or
restaurant designed for an occupant load of 20
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persons or less, if not in conjunction with the
construction or alteration of two or more stores ,
offices or restaurants and if not in one of the
critical areas as for Type I actions and the con-
struction of utility facilities to serve such
establishments
d) Actions involving individual setback and lot line
variances and the like
e) Agricultural farm management practices including
construction, maintenance and repair of farm build-
ings and structures and land use changes consistent
with generally accepted principles of farming
f) Operation, repair, maintenance or minor alteration
of existing structures, land uses and equipment
g) Restoration or reconstruction of a structure in
whole or in part being increased or expanded by
less than 50% of its existing size, square footage
or usage unless in a critical area as set forth
in this law
h) Repaving of existing highways not involving the
addition of new travel lanes
i) Street openings for the purpose of repair or main-
tenance of existing utility facilities .
j) Installation of traffic control devices on existing
streets, roads and highways other than multiple
fixtures on long stretches
k) Mapping of existing roads, streets , highways, uses,
ownership patterns and the like.
1) . Regulatory activities not involving construction or
changed land use relating to one individual, business,
institution or facilities such as inspections, testing,
operating certification or licensing and the like
m) Sales of surplus government property other than land, .
radioactive material, pesticides, hecides, or other
hazardous materials .
n) Collective bargaining activities
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o) Operating, expense or executive budget planning,
preparation aration and adoption n not involving new programs
111 or major reordering of priorities
p) Investments by or on behalf of agencies or pension
or retirement systems
q) Actions which are immediately necessary for the pro-
tection or preservation of life, health, property or
natural resources
r) Routine administration and management of agency
functions not including new programs or major
reordering of priorities
s) Routine license and permit renewals where there is
no significant change in preexisting conditions
t) Routine activities of education institutions which
do not include capital construction
Section on 3 - R EGULATED ACTIONS .: _
4110 No decision to carry out or approve an action
other than an action listed as a Type II action or an exempt
action herein or in Article 8 of the Environmental Conservation
Law shall be made by any department, board, commission, officer
or employee of the Town, until there has been full compliance
with all requirements of this local law. However, nothing herein
shall be construed as prohibiting either:
(a) the conducting of contemporaneous environ
mental, engineering, economic feasibility or other studies and
preliminary planning and budgetary processes necessary for the
formulation of a proposal for action which do not commit the
Town to approve, commence or engage in such action, or
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ADDITIONS TO DRAFT
TO PROCEED SECTION 4, PAGE 10
New Section 3A - PROCESSING OF EXEMPT ACTIONS AND TYPE II ACTIONS.,
to be added as follows :
(a) By June 1st, 1977, each Department, Agency, Board
or Commission of the Town will file with the Town
Board a list of those permits or approvals issued
by such Department, Agency, Board or Commission
of the Town which, in the opinion of such Depart-
• went, Agency, Board or Commission of the Town
constitutes an exempt action or a Type II, action.
A new list or a supplemental list may be filed
with the Town Board by any Department, Agency,
Board or Commission of the Town at any time.
All such lists are effective only upon approval
by the Town Board.
(b) Immediately upon receipt of an application for a
permit or approval, each Department, Agency, Board
or Commission of the Town shall determine whether
or not such type of permit or approval is contained
on the list which has heretofore been approved by
the Town. Board. In the event such type of permit
or approval is on such list, the Department, Agency,
Board of Commission may proceed to process the same
without further regard to this lawn
(c) If the type of permit or approval being sought herein-
under is not contained on the approved list of such
Department, Agency, Board or Commission of the Town,.
such Department, Agency, Board or Commission shall be
required to determine whether such type of permit or
approval should be an exempt action or a Type II
action, in accordance with Section 2 herein.
(i) If the appropriate Department, Agency, Board or
Commission determines that the proposed permit
or approval is an exempt action or a Type II
action as set forth in Section 2. herein, the
Department, Agency, Board or Commission may
proceed to process same without further regard
to this law.
(ii) If the appropriate Department, Agency, Board or
Commission determines that the proposed permit
or approval is not an exempt action or a Type II
action as set forth in Section 2 herein, the
applicant shall be so notified and directed to
complete an Environmental Assessment Form as
provided in Section 4 herein, prior to any.
further processing of the application.
I
(b) the granting of any part of an application...
41 which relates only to the technical specifications and require-
ments , provided that no such partial approval shall entitle or
permit the applicant to commence the action until all require-
- 'ments of this local law have been fulfilled
Section 4 - STATEMENT REQUIRED
(a) All applicants for permits or other ap-
provals from any Officer, Department, Agency or Board of the
Town of Mamaraneck, other than exempt actions or Type II
actions as determined by the applicable Officer, Department,
Agency or Board, shall file a completed Environmental Assess-
ment Form with the Planning Board, setting forth the name of
the applicant; the location of the real property affected, if
any; a description of the nature of the proposed action; and
the effect it may have on the environment. Such statement
shall also include ,a detailed explanation of the reasons why,
in the view of the applicant, a proposed action may or will
not have a significant effect on the environment .
(b) Where the action involves an application,
the statement shall be filed simultaneously with the application
• for the action
(c) The Environmental Assessment provided herein
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41 shall be upon a form prescribed by the Planning Board of the
Town of Mamaroneck and shall contain such additional relevant
information as shall be required in the prescribed form. Such
, • statement shall be accompanied by drawings, sketches and maps ,
together with any other relevant explanatory material required
by the Planning Board.
Section 5 - NOTIFICATION OF PROPOSED ACTION
Upon receipt of a completed application and an
Environmental Assessment Form, the Planning Board shall cause
a notice thereof to be posted on the signboard of the Town
Hall maintained by the Town, and may cause such notice to be
published in the official newspaper of the Town, describing
the nature of the proposed action and stating that written
views thereon of any person shall be received by the Planning
Board no later than a date specified in such notice.
Section 6 - DETERMINATION ON PROPOSED ACTION
The Planning Board shall render a written deter-
mination on whether an environmental impact statement is re-
quired within 15 days following receipt of a completed appli-
cation and Environmental Assessment Form, provided, however,
that no such application shall be deemed to be completed until
41 the expiration of the time period provided for in Section 5
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hereof and further provided that such period may be extended
by mutual agreement of the applicant and the Planning Board.
The determination shall state whether such proposed action
may or will not have a significant effect on the environment
or is an exempt action. The Planning Board may hold informal
meetings with the applicant and may meet and consult any other
person for the purpose of aiding it in making a determination
on the application.
Section 7 - APPLICANT FEES
Every application for determination under this
local law shall be accompanied by a fee as determined by the
Town Board. Such fee will be to cover the costs incurred by
the Planning Board in making the determination and in publish-
ing notice, if any, of said determination.
Section 8 - NO ENVIRONMENTAL IMPACT STATEMENT REQUIRED
If the Planning Board determines that the
proposed action will not, in the opinion of the Planning
Board, have a significant effect on the environment, the
Planning Board shall prepare, file and circulate such de-
termination with the Commissioner of the Department of
Environmental Conservation, the appropriate regional office
thereof, the Town Clerk, the Town of Mamaroneck Conservation
Advisory Commission, the applicant, and give public notice
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II as provided in Section 5 herein.. Thereafter, the proposed
action may be processed without further regard to this local
law.
Section 9 - ENVIRONMENTAL IMPACT STATEMENT REQUIRED
If the Planning Board determines that the pro-
posed action may have a significant effect on the environment,
the Planning Board shall prepare, file, and circulate such .
determination with the Commissioner of the Department of
Environmental Conservation, the appropriate regional office
thereof, the Town Clerk, the Town of Mamaroneck Conservation
Advisory Commission, the applicant, and give public notice as
provided in Section 5 herein. Thereafter, the proposed action
shall be reviewed and processed in accordance with the pro-
visions of this local law.
Section 10 - PREPARATION OF DRAFT ENVIRONMENTAL IMPACT
STATEMENT
(a) Following a determination that a proposed
action may have a significant effect on the environment, the.
. Planning Board shall as provided herein, ilnuiediately notify
the applicant of the determination and shall direct the
applicant to prepare a draft environmental impact statement.
(b) If the applicant does not submit a draft
illienvironmental impact statement, the Planning Board may prepare
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or cause to be prepared the draft environmental impact state--
LY
ill ment or, in MAO discretion, notify the applicant that the
processing of the application will cease and that no approval
will be issued.
(c) The draft environmental impact statement
is a required document for the application, and must be pre-
sented before the application is deemed complete for accept-
ance, preparatory to setting a date for a public hearing on
the application under the regulations governing hearings
required for processing such type of application.
(d) The Planning Board may require an applicant
to submit a fee to defray the expense to the Planning Board . .
of preparing a draft environmental impact statement or review-
ing same if it is prepared by the applicant. Such fees as shall
be determined by the Town Board, shall be submitted to the
Planning Board in advanced
Section 11 - NOTIFICATION OF COMPLETED DRAFT ENVIRON-
MENTAL IMPACT STATEMENT
Upon completion of a draft environmental impact
statement prepared by or at the direction of the Town, a Notice
of Completion containing the information specified in Section
617.79 (d) of Title 6 NYCRR, shall be prepared, filed and cir.-
culated as provided in Section 617. 7 (e) and (f) of Title 6
NYCRR with the Commissioner of the Department of Environmental
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Conservation, the appropriate regional office thereof, the
Town Clerk, the Town of Mamaroneck Conservation Advisory
Commission, the applicant and owner of property within 250
feet of the perimeter of the subject property. In addition,
the Notice of Completion shall be published in the official
newspaper of the Town and a copy thereof shall also be posted
on a signboard of the Town. Copies of the draft environ-
mental impact statement and the Notice of Completion shall
be filed, sent and made available as provided in Section
617 (e) and (f) of Title 7 NYCRR and transmitted to the En-
vironmental Quality Control Commission.
Section 12 - PUBLIC HEARING ON DRAFT ENVIRONMENTAL
IMPACT STATEMENT
(a) If the Planning Board determines that a
public hearing on a draft environmental impact statement should
be held, or if the applicant or twenty-five or more property
owners or residents of legal age within the Town, or the Town
Board requests such hearing, notice thereof shall be filed,
circulated and sent in the same manner as the Notice of Com-
pletion and shall be published in the official newspaper of
the Town at least ten days prior to such public hearing. Such
notice shall also state the place where substantive written
comments on the draft environmental impact statement may be
sent and the date before which such comments shall be received.
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Notice of public hearing shall also be sent to the Town of
Mamaroneck Conservation Advisory Commission which may submit
their own comments and recommendations to the Town Board
prior to the hearing.
(b) The hearing shall commence no less. than 15
calendar days nor more than 45 calendar daysfrom the filing of.
the draft environmental impact statement, except where the
Planning Board determines that additional time is necessary
for the public or other agency review of the draft environ-
mental impact statement or where a different hearing date is
required as appropriate under other applicable law. The
hearing will be conducted by the Town of Mamaroneck Town Board.
(c) The Town Board shall be required to make a
determination as to whether the proposed action will or will
not have a significant effect on the environment within 30
days of the close of the hearing. Such determination shall
be based upon the draft environmental impact statement, the
comments made during the public hearing, and upon substan-
tive written ca mlents received in accordance with Section 12
herein.
Section 13 - NEGATIVE IMPACT DETERMINATION
(a) If, on the basis of a draft environmental
impact statement, and no public hearing is held, the Planning
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Board determines that an action will not have a significant
effect on the environment, the proposed action may be processed
without further regard to this local law.
(b) If, on the basis of a draft environmental
impact statement, and a public hearing is held, the Town Board
4
determines that an action will not have a significant effect
on the environment, the proposed action may be processed with-
out further regard to this local law.
Section 14 - FINAL ENVIRONMENTAL IMPACT STATEMENT
(a) If a determination has been made that an
action will have a significant effect on the environment, the
Planning Board shall, as provided herein, immediately notify
the applicant of the determination and shall direct the ap-
plicant to prepare a final environmental impact statement
in accordance with the provisions of Part 617 of Title 6 NYCRR.
(b) If the applicant does not submit a final
environmental impact statement, the Planning Board may prepare
or cause to be prepared a final environmental impact statement
in accordance with the provisions of Part 617 .of Title 6 NYCRR
or, in his discretion, notify the applicant that the processing
of the application will cease and that no approval will be
issued.
(c) If, in the opinion of the Planning Board,
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the final environmental impact- statement, prepared by the
applicant, is inadequate, the applicant shall be so noti-
fied and directed to amend such statement prior to any
further processing of the application. .
(d) Such final environmental impact state-
..
meet shall be prepared within 45 days of the filing of the
draft environmental impact statement if no public hearing
is held, or 30 days after the public hearing is closed.
However, the Planning Board may extend this time as nec- .
essary to allow adequate completion of the statement or
where problems identified with the proposed action require
11/ material reconsideration or modification.
(e) Where the action involves an appli-
cation, such final environmental impact statement shall be
accompanied by the fee specified to defray the expenses of
the Town in preparing or reviewing such final environmental
impact statement. The fee shall be so determined by the
Town Board. .
Section 15 - NOTIFICATION OF COMPLETION OF FINAL
ENVIRONMENTAL IMPACT STATEMENT
A Notice of. Completion of a final environ-
mental impact statement shall be prepared, filed and sent in
4IPthe same manner as provided in Section 11 herein and shall be
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SP sent to all persons to whom the Notice of Completion of the
draft environmental impact statement was sent. Copies of the
final environmental impact statement shall be filed and made
available for review in the same manner as the draft environ-.
mental impact statement.
Section. 16 - APPROVAL OF ACTIONS
No decision of any agency to carry out or
approve an action which has been the subject of a final en-
vironmental impact statement shall be made until after the .
filing and consideration of the final environmental impact
statement. .
Section 17 - REQUIRED DETERMINATION .
If an agency decides to carry out or approve
an action which has been determined to have a significant
effect on the environment, it shall make the following
findings in a written determination:
(a) Consistent with social, economic and
other essential considerations of state policy, to the maxi-
mum extent practicable, from among the reasonable alterna-
tives thereto, the action to be carried out or approved is
one which minimizes or avoids adverse environmental effects ,
• including the effects disclosed in the relevant environmental
impact statements ; and '
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(b) All practicable means will be taken in
carrying out or approving the action to minimize or avoid
adverse environmental effects, including the effects dis-
closed in the relevant environmental impact statements.
Section 18 - FILING OF DETERMINATION
For public information purposes, a copy of the
determination referred to in Section 17 shall be filed with
the Commissioner of the Department of Environmental Conser-
vation, the appropriate regional office thereof, the. Town
Clerk, the Town of Mamaroneck Conservation Advisory Coauuission,
the applicant and ownerJof property within 250 feet of the
perimeter of the subject property.
Section 19 - TIME LIMITATIONS
To the extent practicable the Planning Board.
shall coordinate the time limitations provided in this local
law with other time limitations provided by statute or local
law, ordinance or regulation of the Town. . .
Section 20 - PUBLIC RECORDS .
The Town shall maintain files open for public
inspection of all Notices of Completion, draft and final
environmental impact statements and written determinations
41/P prepared or caused to be prepared by the Planning Board.
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Section 21 - LEAD AGENCY REQUIREMENTS
(a) When an action which may have a signifi-
cant effect on the environment involves more than one agency,
all involved agencies shall, to the fullest extent possible,
coordinate their environmental reviews through a lead agency
to the end that the requirements of. Article 8 of the Environ-
mental Conservation Law and of this law are met by a single
draft environmental impact statement, a single final environ-
mental impact statement and, if conducted and practicable, a
single hearing process. In order to expedite this coordination,
applicants must specify in their applications to the Planning,_.
Board which other agencies, to the best of their knowledge,
will have jurisdiction by law over proposed actions. .
(b) Upon' receipt. of a complete application for
an action which the Planning Board determines may have a signifi-
cant effect on the environment, the Planning Board shall im-
mediately notify all other agencies which may be involved in
the proposed action and request full coordination of the en-
vironmental review of such action. The designation of the
lead agency shall be made within 30 calendar days following
the filing of a complete application.
(c) In the case of an action involving an
applicant, the lead agency shall immediatel y notify the appli-
cant in writing that it is the lead agency and request the
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applicant to prepare a draft environmental impact statement.
(d) If a question arises as to which agency
is the lead agency, the agencies shall resolve the question
y ' themselves and designate a lead agency in writing on the basis
of the following: .
(1) the agency to first act on the proposed
action;
(2) a determination of which agency has the
greatest responsibility for supervising or approving
the action as a whole;
(3) a determination of which agency has more
IIgeneral governmental powers as compared to single or
limited powers or purposes;
(4) a determination of which agency has the
greatest capability for providing the most thorough
environmental assessment of the action; and
(5) a determination of whether the anticipated
impacts of the action being considered are primarily of
statewide, regional or local concern, e.g. , if such
impacts are primarily of local concern, the local agency
should be the lead agency. .
(e) If such agencies are unable to resolve the
question within the prescribed 30 days, they shall submit the
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question in written form to the Commissioner of the Department
11/1 of Environmental Conservation, who shall, within 5 business
days', on the basis of the criteria specified above, designate
the lead agency.
(f) If it should be determined that the Town of
Mamaroneck is not the lead agency in regard to an action, it
shall have no further obligations under this law with respect.
to the action being considered except
(1) to provide its views where appropri-
ate and to the extent practical, appropriate .tech-
nical analysis and support;
(2) to make the findings required by
Section 17 herein; and
(3) not to approve, commence or engage in
such action until the procedures set forth in Article
8 of the Environmental Conservation Law and Section
17 of this law have been completed.
Section 22 - ACTIONS PRIOR TO EFFECTIVE DATE
Actions undertaken or approved prior to the dates
specified in Article 8 of the Environmental Conservation Law
for local agencies shall be exempt from this local law and the -
provisions of Article 8 of the Environmental Conservation Law
and Part 617 of Title 6 NYCRR, provided, however, that if,
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after such dates the Town of Mamaroneck or any of its depart-
Illrments , boards, commissions, officers or employees having.
jurisdiction modifies an action undertaken or approved prior
to that date and the Planning Board determines that the modi
'? fication may have a significant adverse effect on the environ-
ment, such modification shall be an action subject to this
local law and Part 617 of Title 6 NYCRR.
Section 23- SEVERABILITY
In the event any section of this local law is
declared unconstitutional or otherwise invalid by any court
of competent jurisdiction within the State of New York, such
declaration of invalidity shall not affect any other sections
a of said law.
Section 24 - EFFECTIVE DATE
(a) This local law shall take effect June 1,
1977 as to actions directly undertaken by the Town of Mamaron-
eck, or any of its Officers, Departments, Agencies or Boards.
(b) This law shall take effect September 1,
1977 as to the actions . for which the Town of Mamaroneck issues
licenses , permits , certificates or other entitlements.
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86
5-4-77
Fred Maggini, Chairman
1281 Palmer Avenue, Town
Thomas R. Amlicke
60 Maple Hill Drive, Town
Mrs. David Carlson, Jr.
42 Hillside Road, Town
Joseph DeSalvo
1416 James Street, Mamaroneck Village
Mrs. Stephen D. Gutmann
75 Echo Lane, Town
Mrs. A. T. Vasquez
7 Nassau Road, Larchmont Village
and be it further
RESOLVED, that said Committee
be instructed to meet promptly
and report to this Town Board
before July 6, 1977 so that a
public hearing date on the
proposed amendments can be set
for the August meeting.
Since it is the Board's intention for the Freshwater Wetlands
Commission to act in likewise manner on Local Law #1 - 1976,
on motion by Councilman DeMaio, seconded by Councilman Perone,
it was unanimously
RESOLVED, that this Board hereby
authorizes the Freshwater Wetlands
Commission, appointed on January
5, 1977, to review Local Law #1-
1976 - Freshwater Wetlands
Protection and recommend whatever
changes it deems necessary to
clarify and simplify the Law in
order to make it more adaptable
to the Town of Mamaroneck;
and be it further
RESOLVED, that said Commission be
instructed to meet promptly and
report to this Town Board by
September 15, 1977.
OLD BUSINESS
1. Home Rule Request re Dissolution of Park District
The Supervisor spoke of the need to execute a new set of Home
Rule Request forms regarding the above captioned subject. Mr.
Vandernoot explained that Senator Pisani had instructed the
Town Board to act on the aforementioned requests immediately
since the Bill was amended by a change in wording after the
submission of the original forms.
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87
5-4-77
Upon Supervisor Vandernoot's request that the new Home Rule
Request forms be executed and forwarded immediately to Albany,
on motion by Councilman Perone, seconded by Councilman Bloom,
and with the unanimous approval of the Board, it was so
directed.
NEW BUSINESS
1. Appointment to Conservation Advisory Commission
Following Mr. Vandernoot's reference to Mrs. Edith Silberstein's
resignation from the C.A.C. and a review of Mr. John A. Burke's
resume by Councilman Bloom, on his motion, which was seconded
by Councilman McMillan, it was unanimously
RESOLVED, that this Board hereby appoints
Mr. John A. Burke of Mamaroneck Village a
member of the Conservation Advisory
Commission of the Town of Mamaroneck to
fill the vacancy created by the resignation
of Mrs. Edith Silberstein and to serve for
the unexpired portion of her term of office
or until December 31st, 1978;
and be it further
RESOLVED, that Mr. John A. Burke be
notified accordingly.
2. Request for Use of Voting Machines - Mamaroneck School District
Pursuant to the request of J. J. Barbieri, District Treasurer
of Mamaroneck Public Schools, herewith presented by the Town
Clerk and ordered received and filed for the record, on motion
by Councilman Perone, seconded by Councilman Bloom, it was
unanimously
RESOLVED, that this Board hereby grants
the request of the Mamaroneck Union Free
School District for the use of eleven (11)
voting machines (with two additional
machines in reserve) for the school
district vote on May 25, 1977.
3. Authorization for Tax Lien Sale
In accordance with the memorandum of the Deputy Receiver of
Taxes, dated May 4, 1977 herewith presented and ordered
received and filed, on motion duly made and seconded, it was
unanimously directed that the date for the 1977 Tax Lien
Sale be set for May 20, 1977 at 10:00 A.M.
4. Salary Authorization - Summer Help - Engineer's Office
The Town Clerk read the memorandum addressed to the Town Board
by the Town Engineer under date of May 4, 1977, which was
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88
5-4-77
herewith ordered received and filed. Councilman DeMaio asked
the Engineer for clarification of the duties of the summer
help, to which the Engineer replied that one would be a
draftsman, and the other three who have all worked previously
in the Engineer's Office are skilled in the diverse work to
be performed, and on his motion, seconded by Councilman
McMillan, it was unanimously
RESOLVED, that this Board hereby
authorizes the following:
Mark Mustacato be compensated at
the rate of $5.00 per hour,
effective May 25th and terminating
October 19th, 1977;
Steven Trifiletti be compensated
at the rate of $4.50 per hour,
effective May 23rd and terminating
September 2nd, 1977;
Jeffrey Hornung be compensated
at the rate of $4.00 per hour,
effective May 23rd and termi-
nating September 2nd, 1977;
William Neumeister be compensated
at the rate of $3.00 per hour,
effective June 20th and terminating
September 2nd, 1977.
5. Resignation - Diane B. Renta
Supervisor Vandernoot presented a letter addressed to him by
Mrs. Diane B. Renta under date of April 15, 1977, tendering
her resignation because of moving away from the community
which was thereupon ordered received and filed.
Both the Supervisor and the Town Clerk spoke of Mrs. Renta's
dedicated service, fine job performance and excellent public
relations representation in the Town Clerk's Office and noted
that she will surely be missed. And thereupon, following
Mrs. Miller's expression of thanks to Mrs. Renta for her
diligent assistance, on motion duly made and seconded, it
was unanimously
RESOLVED, that this Board with regret,
accepts the resignation of Mrs. Diane
B. Renta, from the staff of the Town
of Mamaroneck, effective May 13, 1977,
and expresses its thanks and appreciation
to her for the fine services she rendered
to the Town of Mamaroneck and adds best
wishes to her for happiness in the future.
COMMUNICATIONS
1. Letter, Richard Damman, United Hospital
The Supervisor read a letter addressed to him by Richard W.
Dammann, Chairman, Board of Trustees of United Hospital under
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5-4-77
date of April 27, 1977, which was ordered received and filed.
2. Public Notice - Village of Mamaroneck
The aforementioned notice was herewith presented and ordered
received and filed for the record.
TOWN CLERK
The Clerk presented the following report which was ordered
received and filed:
Report of the Town Clerk for the month
of April 1977.
Not on Agenda
The Supervisor announced there will be a meeting regarding flood
control proposals on Monday, May 9, 1977 at 8:00 P.M. with the
Army Corps of Engineers and asked for prominent space and
coverage in The Daily Times due to the importance of the
information that will be made available at this meeting.
THE SUPERVISOR
1. Master Plan Review Committee Report
Supervisor Vandernoot recounted the background of the Master Plan
Review Committee and officially accepted on behalf of the Board
the Committee's Report including a 25-page summary. In thanking
the six-member committee, Mr. Vandernoot pointed out that they
did a tremendous job and came up with a very informative,
interesting and challenging report. He continued further by
stating that the Board will do its best to meet the challenge
and plans to hold a public discussion on the report after
residents have had an opportunity to read and study it. The
Board also gave special thanks to two of the members in
attendance at this meeting, George Carl and Mary Carlson who
served as the Chairman.
Pursuant to some discussion regarding the report and following
the Town Attorney's statement about the effect of the report
on the School District, on motion by Councilman Bloom, seconded
by Councilman DeMaio, it was unanimously
RESOLVED, that the Supervisor be and he
hereby is authorized to formally present
the 1976 Master Plan Review Committee's
Report to the School Board.
THE COUNCILMEN
Mr. Bloom
_,. 1. Apportionment
Upon Councilman Bloom's presentation of the following apportionment
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5-4-77
and on his motion, seconded by Councilman McMillan, the
following resolution was adopted by majority vote of the
Board:
WHEREAS, the Assessor has presented
petition for the correction of the
assessment roll for certain years
pursuant to the provisions of Section
557, Article 16 of the Westchester
P\ Ill County Tax Law;
I
and
WHEREAS, after due consideration,
this Board finds it desirable to
grant said petition for the
correction of said assessment
roll;
NOW, THEREFORE, BE IT
RESOLVED, that the assessment roll
of 1976-77 taxes of 1977, which
shows property now appearing on
the roll as follows:
BLOCK PARCEL OWNER LAND IMPROVE. TOTAL
811 46 Dale, Richard & W. $5,200. $8,900. $14,100.
be apportioned as follows in
accordance with the provisions
of subdivision 5 of Section 557:
BLOCK PARCEL OWNER LAND IMPROVE. TOTAL
811 46 Dale, Richard & W. $2,700. $8,900. $11,600.
811 51 Dale, Richard & W. $2,500. $ 2,500.
Mr. Perone
•
1. Report - Meeting re Solar Energy
Councilman Perone with great pleasure reported on the very
successful meeting held on April 28th and the tremendous turnout.
He further noted that the 21/2 hour meeting was attended by many
enthusiastic persons who are interested in participating and
becoming educated about solar energy and another meeting has
been scheduled for May 19th at the Firehouse at 7:30 P.M.
THE TOWN ATTORNEY
Mr. Johnston referred to his confidential memorandum addressed
to the Supervisor and Members of the Town Board under date of
May 3, 1977 regarding certiorari matters and requested
permission to indicate to the attorneys on the other side what
figures would be acceptable to the Town of Mamaroneck, and
would in turn be taken under advisement by the Judge presiding
in these cases. He further noted that both he and the Assessor
think these are good figures and the School officials have been
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5-4-77
advised of them. And thereupon on motion by Councilman McMillan,
seconded by Councilman Perone, it was unanimously
RESOLVED, that this Board hereby authorizes
James J. Johnston, Town Attorney to indicate
to the Attorneys involved that the Town will
accept the figures agreed upon by the
Attorney and the Assessor so that orders of
discontinuance can be prepared and
stipulations then submitted to the Supreme
Court.
ADJOURNMENT
There being no further business to come before the meeting, on
motion duly made and seconded, it was declared adjourned at
9:26 P.M. , to reconvene May 18, 1977.
BOARD OF FIRE COMMISSIONERS
The meeting of the Board of Fire Commissioners was convened
immediately upon the adjournment of the Town Board Meeting.
1. Claims
Upon presentation for payment by Commissioner Bloom, and on his
motion, seconded by Commissioner DeMaio, 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:
AAA Emergency Supply Co. , Inc. $ 53.50
AAA Emergency Supply Co. , Inc. 325.75
Acme Visible Records, Inc. 133.75
R. G. Brewer Inc. 1.59
Dri-Chem Extinguisher Corp. 246.65
Excelsior Garage & Machine Works Inc. 438.83
Exterminating Services Co. 9.67
Exxon Company, U.S.A. 215.65
The Hines Company 39.75
Jack's Army & Navy Store of New Rochelle 1,692.67
McGuire Bros. , Inc. 40.00
The New Rochelle Water Company 89.09
New York Telephone Company 326.71
New York Telephone Company 8.85
William E. Rickert 3.80
Signacon Controls, Inc. 38.25
Sound Tire & Supply Co. , Inc. 44.47
$ 3,708.98
Not on Agenda
Commissioner Bloom acknowledged receipt of a letter dated April
18, 1977 from the Fire Council in which they indicated that at
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a special meeting it was decided that the Council would recommend
the adoption of the State Fire Prevention Code, provided that it
is not in conflict or inconsistent with any Town Codes. He also
stated that since the Town Attorney and Building Inspector are
presently studying the State Code versus the Town Code this
Commission will await their reports before moving ahead.
Commissioner Bloom also reported that he will personally be
examining the Local Public Works Capital Development and
Investment Act of 1976 to ascertain if this Town may be
eligible for funds to build a facility to house emergency
medical service vehicles and referred specifically to an
article in the March 1977 issue of "Fire Chief".
ADJOURNMENT
There being no further business to come before the meeting, on
motion duly made and seconded, it was declared adjourned at
9:35 P.M. , to reconvene on May 18th, 1977.
Town Clerk
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