Loading...
HomeMy WebLinkAbout1976_03_17 Town Board Regular Minutes 256 3-17-76 MINUTES OF A REGULAR MEETING OF THE TOWN BOARD OF THE TOWN OF MAMARONECK, HELD MARCH 17, 1976, IN THE AUDITORIUM OF THE WEAVER STREET FIREHOUSE, WEAVER STREET, TOWN OF MAMARONECK. CALL TO ORDER The Supervisor called the meeting to order at 8:15 P.M. ROLL CALL Present: Supervisor Vandernoot Councilman McMillan Councilman DeMaio Councilman Perone Absent: Councilman Bloom Also Present: Mrs. Miller - Town Clerk Mr. Johnston - Town Attorney Mr. Aitchison - Superintendent of Highways Mr. Barasch - Police Chief Mr. DeLuca - Comptroller Mr. Elfreich - Town Engineer PUBLIC HEARING: Dandry Application for Rezoning On motion by Councilman DeMaio, seconded by Councilman McMillan, it was unanimously RESOLVED, that this public hearing be and it hereby is declared open. The Clerk presented the Affidavits of Publication and Posting of Notice of Hearing together with the reports of the Westchester County Planning Board and the Town of Mamaroneck Planning Board as a part of the official record of this hearing. Prior to the Supervisor's outline of the procedure to be followed, he recognized Albert Pirro, Jr. , Attorney for Mr. James Dandry, who stated that he wished to withdraw his client's application since the Town Code does not provide for a nursery use and the re- quest for change of zoning would not serve his client's purpose. In view of this, the Supervisor queried the Town Attorney as to Board action and in response thereto, Mr. Johnston stated that an amendment to the Code to include nurseries in the schedule of busi- ness uses under special permit would have to be drawn up and a public hearing held to consider such an amendment. Although it was noted by Mr. Vandernoot that the purpose of the hear- ing no longer exists, it was unanimously agreed by the Board that several of the many people who were in attendance would be heard and a lengthy discussion followed in which many topics, some irrelevant, were noted such as a petition containing 109 signatures from residents -1- 257 3-17-76 opposed to the rezoning, traffic signals on Palmer Avenue, the display at Town Board meetings of a map of the Town and a parked moving van on Harrison Drive. The following persons addressed the Board during the discussion: Everett Bovard, 21 Woods Way, Larchmont Mrs. James Theoharides, 82 Iselin Terrace, Larchmont Charles Fischer, 24 Coolidge Street, Larchmont Robert Miller, 25 Sherwood Drive, Larchmont Burton Golov, 97 Valley Road, Town Thereupon, on motion by Councilman McMillan, seconded by Council- man DeMaio, it was unanimously RESOLVED, that the hearing be and it hereby is declared closed. OLD BUSINESS 1. Police Commission Resolution re Traffic Regulation Police Chief Barasch presented the Town Police Commission's reso- lution establishing the ban on trucks on Harmon Drive between Weaver Street and the Mamaroneck Town and Mamaroneck Village line and Myrtle Boulevard between Murray Avenue and Lakeside Drive which was herewith ordered received and filed as part of the record of this meeting. During the discussion that followed, it was noted that trucks making local deliveries would be allowed on the two streets. 2. Resolution re Traffic Regulation - Myrtle Boulevard & New Harmon Drive Pursuant to presentation by Mr. Vandernoot of the above mentioned resolution and on motion by Councilman DeMaio, seconded by Council- man Perone, it was unanimously RESOLVED, that this Board pursuant to Section 1662-a of the Vehicle and Traffic Law hereby authorizes the adoption of the following traffic regulation to be effective immediately: Myrtle Boulevard The maximum speed limit on Myrtle Boulevard be- tween No. Chatsworth Avenue and Lakeside Drive be reduced from 30 mph to 25 mph. and New Harmon Drive The maximum speed limit on New Harmon Drive be- tween Weaver Street and the Mamaroneck Village line be reduced from 30 mph to 25 mph. Not on Agenda At this time Supervisor Vandernoot read the communication under date of March 15, 1976 addressed to the Police Chief by R.M. Gardeski, Regional Traffic Engineer of the N.Y.S. Department of Transportation noting that Department's investigation of the Town's September 1975 request. -2- 258 3-17-77 3. Resolution - Westchester Shore Humane Society Contract Supervisor Vandernoot presented the Town's contract with the West- chester o Sh re Humane Societ y, the approval of which had been delayed since January because of the Board's desire to follow up on the many calls and letters of complaint relative to staff practices and conditions at the facility. Councilman Perone spoke of his and Mr. Vandernoot's many meetings and visits to the facil- ity and by working with Mr. Halford J. Pope, President of the Board of Directors of the Humane Society, agreement was reached on recti- fying certain conditions. Pursuant to the discussion which ensued, it was further noted that Mr. Pope will propose to his Board at their meeting on May 13, 1976 that volunteers be allowed to keep the facility open Saturday afternoons and Sundays to aid in addi- tional adoption of pets and on motion by Councilman McMillan, seconded by Councilman Perone, it was unanimously RESOLVED, that the Supervisor is hereby authorized to execute the contract between the Westchester Shore Humane Society, Inc. and the Town of Mamaroneck for the year 1976 totaling $13,656.00, as provided in the 1976 budget and as approved by the Town Attorney. Following the Board's approval of the contract, Mrs. Kathryn H. Clarke, South Barry Avenue, Mamaroneck thanked the Board for its very sincere efforts in creating solutions to the problems that had existed and her sentiments were echoed by several others in the audience. III NEW BUSINESS 1. Authorization - Salary - Highway Department Pursuant to memorandum addressed to the Board by the Comptroller under date of March 9, 1976 herewith presented and ordered re- ceived and filed, on motion by Councilman McMillan, seconded by Councilman DeMaio, it was unanimously RESOLVED, that this Board hereby authorizes that Henry Graver, Automotive Mechanic, be compensated at the rate of $9,940.00 per annum, effective as of February 1, 1976. NOT ON AGENDA When Supervisor Vandernoot asked if anyone wished to address the Board, several tenants of 1299 Palmer Avenue, Town presented a list of complaints which were ordered received and filed. Mrs- . Trish DeVico acted as the spokesman for the group and elab- orated on the listed items. Some discussion followed in which III several of the tenants related their personal experiences and thereupon Mr. Vandernoot stated that the complaints would be in- vestigated and emphasized that conditions such as theirs should have been reported to the Town Building and Plumbing Inspector. -3- 259 3-17-76 COMMUNICATIONS 1. Public Hearing Notice - Village of Mamaroneck re Squash Courts The Clerk read a Notice of Public Hearing received March 8, 1976 from the Village of Mamaroneck, said hearing to be held March 22, 1976 at 169 Mount Pleasant Ave. , Mamaroneck, relative to proposed III Local Law No. 2-1976 regarding indoor squash courts facility which was herewith ordered received and filed. 2. Public Hearing Notice - Village of Mamaroneck re Commercial Parking (Waldbaum's) The Clerk also read the Notice of Public Hearing received March 15, 1976 from the Village of Mamaroneck, said hearing to be held March 22, 1976 at 169 Mount Pleasant Avenue, Mamaroneck, relative to proposed Local Law No. 3-1976 amending the Zoning Ordinance and Zoning Map of the Village of Mamaroneck with regard to the above captioned property. THE SUPERVISOR 1. Report - Flood Control Meetings Mr. Vandernoot announced that the Army Corps of Engineers will hold meetings relative to the plans for local flood control measures on Thursday, March 18, 1976 at 8:00 P.M. in the Mamaroneck Village Hall and on Monday, March 29, 1976 at 8:00 P.M. at Central School and urged all interested residents to attend. I Not on Agenda At the request of Mr. & Mrs. Richard Coulter, Town residents, Mr. Vandernoot announced that local citizens are invited to join PUSH (People United to Save the Handicapped) in a march on Albany on Wednesday, April 7th and noted that buses will be leaving from Mamaroneck early that morning for the statewide rally which will focus on funding for the education of the handicapped. THE COUNCILMEN Mr. Bloom 1. Apportionment Upon Councilman DeMaio's presentation of the following apportion- ment and on his motion, seconded by Councilman McMillan, the follow- ing resolution was adopted by majority vote of the Board: III WHEREAS, the Assessor has presented petition for the correction of the assessment roll for -4- 260 3-17-76 certain years pursuant to the provisions of Section 557, Article 16 of the West- chester County Tax Law: 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 1975- 76 taxes of 1976, which shows property now appearing on the roll as follows: BLOCK PARCEL OWNER LAND IMPROVE. TOTAL 333 837 William F.Cannella & $16,200. $16,200. ors. be apportioned as follows in accordance with the provisions of subdivision 5 of Section 557: BLOCK PARCEL OWNER LAND IMPROVE. TOTAL 333 831 Abe Pollack $2,000. $2,000. 333 841 ty 2,000. - 2,000. 333 851 2,000. 2,000. 333 901 " 2,000. 2,000. 333 911 " " 2,000. 2,000. 333 922 " " 2,000. 2,000. III333 1199 " 2,100. - 2,100. 333 1204 " 2,100. 2,100. THE ATTORNEY 1. Spitzer Certiorari Pursuant to the Attorney's request and in accordance with the Assessor's and his recommendation, on a motion offered by Council- man McMillan and seconded by Councilman Perone, the following resolution was adopted by majority vote of the Board: WHEREAS, heretofore writs of certiorari were obtained by Jerome Spitzer, owner of property known and described as Block 613, Parcel 368 on the Tax Assessment Map and the Assessment Roll of the Town of Mamaroneck, for the following years: 1974 for taxes of 1975 and 1975 for taxes of 1976; and Whereas, the Town Attorney recommends to this Board that the proceedings be settled and dis- continued upon the reduction of certain of these assessments; -5- 261 3-17-76 NOW, THEREFORE, BE IT RESOLVED, that the assessments for the years 1974 for taxes of 1975, and 1975 for taxes of 1976, upon property owned by Jerome Spitzer and described on the Assessment Map and Assess- ment Roll of the Town of Mamaroneck as Block 613, Parcel 368, be reduced as follows: From Assm't. Tax Year Year Land Imp. Total 1974 1975 $27,400. $8,700. $36,100. 1975 1976 27,400. 8,700. 36,100. To Assm't. Tax Year Year Land Imp. Total 1974 1975 $ 9,300. $8,700. $18,000. 1975 1976 9,300. 8,700. 18,000. provided the certiorari proceedings now pending in the name of Jerome Spitzer be discontinued without costs as against either party; and be it further RESOLVED, that all refunds of taxes due by reason of such reductions be paid without interest; and be it further RESOLVED, that the Town Attorney is hereby author- ized and directed to sign the necessary stipulations to obtain an order of the Supreme Court providing for such reductions. 2. Authorization - 30 inch Water Main - Yonkers Pursuant to the Attorney's request and in accordance with the Supervisor's clarification of the events surrounding the damage to the existing water main, in response to Councilman Perone's questions about the problem, and on his motion, seconded by Councilman McMillan, it was unanimously RESOLVED, that the plan, estimate and other data dated March 10, 1976 pertaining to en- largement, extension and improvement of the the facilities of Westchester Joint Water Works #1 is hereby in all respects ratified, confirmed and approved, which plan, estimate and other data shall be incorporated in the minutes of this meeting; -6- 262 3-17-76 and be it further RESOLVED, that the Supervisor of the Town of Mamaroneck be and he hereby is authorized to notify the Westchester Joint Water Works that it may apply up to the sum of $24,526.00 now stand- ing to the credit of the Town, as, and for the Town's 21.9% participation in the cost of constructing 630 ft. of 30" pipe and incidental work to replace and relo- cate similar pipe in the Schultze Field area easement in the City of Yonkers; and be it further RESOLVED, that this authorization is without prejudice to the Town's parti- cipation in legal proceedings by the Westchester Joint Water Works against the City of Yonkers for damage done to the existing pipe. ADJOURNMENT There being no further business to come before the meeting, on motion duly made and seconded, it was declared adjourned at 9:40 P.M. , to reconvene April 7, 1976. BOARD OF FIRE COMMISSIONERS The Board of Fire Commissioners was convened immediately upon the adjournment of the Town Board Meeting. 1. Claims Upon presentation for authorization of payment by Commissioner McMillan, and on his motion, seconded by Commissioner Perone, 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 Comp- troller's office: Gironda's Auto Body $ 265.00 William E. Rickert 46.00 William Smith Supplies 69.60 Albertson Communications 67.63 Excelsior Garage & Machine 468.40 Dri-Chem. Extinguisher Corp. 302.00 Con Edison 32.84 Con Edison 220.33 Peter Pergola 700.00 State Insurance Fund 6,953.85 S. Bonderenko, Carpenter 109.00 -7- 263 3-17-76 Frank Cioffi 71.45 R. G. Brewer Inc. 128.11 Larchmont Electrical Corp. 206.00 N. LaRussell 72.60 McGuire Bros. , Inc. 20.00 Redwood Nursery 52.00 Lawrence Heat & Power 427.06 $10,211.87 2. Reports There were no reports to come before the Commission ADJOURNMENT There being no further business to come before the meeting, on motion duly made and seconded, it was declared adjourned at 9:43 P.M. , to reconvene on April 7, 1976. ihatuu To Clerk -8-