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HomeMy WebLinkAbout1976_04_21 Town Board Regular Minutes 276 4-21-76 MINUTES OF A REGULAR MEETING OF THE TOWN BOARD OF THE TOWN OF MAMARONECK, HELD APRIL 21, 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 Bloom Councilman McMillan Councilman DeMaio Councilman Perone Absent: None Also Present: Mrs. Miller - Town Clerk Mr. Johnston - Town Attorney Mr. DeLuca - Comptroller Mr. Elfreich - Town Engineer APPROVAL OF MINUTES The minutes of the regular meeting of September 3, 1975, were presented and on motion by Councilman Bloom, seconded by Council- man McMillan, approved as submitted. Councilmen DeMaio and Perone abstained from voting since neither were members of the Board at the time of that meeting. PUBLIC HEARING: Dandry Application for Rezoning On motion by Councilman Bloom, seconded by Councilman Perone, 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 for the record. The Supervisor then read into the record portions of the follow- ing, both recommending approval of the rezoning application, which were ordered received and filed as part of the record of this hear- ing: Memorandum addressed to the Town Board by the Town of Mamaroneck Planning Board under date of April 19, 1976. Letter, with attached summary of findings, addressed to the Town Clerk by the Westchester County Planning Board under date of April 20, 1976. -1- 277 4-21-76 Following Supervisor Vandernoot's query of the Board as to whether or not they had any questions or comments, and since there were none, he stated that first those in favor, then those opposed to the application would now be heard. Joseph A. Minniti, Minniti & Pirro, 100 Mamaroneck Ave. , Mamaroneck Mr. Minniti addressed the Board noting that he was the attorney representing the applicant, James N. Dandry and presented into evidence the following items documenting proof of Mr. Dandry's ownership of the subject property: Trust Agreement dated April 1, 1968 Quitclaim Deed dated June 18, 1968 Mr. Minniti then proceeded to give a very detailed description of the subject property and its surrounding areas in the Town of Mama- roneck, Village of Larchmont and City of New Rochelle including the specific zoning of those areas. At this time Mr. Minniti called on several persons who presented evidence in favor of the application. James N. Dandry, 49 Green Place, New Rochelle In answer to questions posed by his Attorney, Mr. Dandry stated that he and his family had purchased the property in 1957, that he had been made trustee in 1968 and had since that time turned down many offers from prospective buyers including requests for supermarkets and gas stations. Following questions from Council- men Bloom and Perone, Mr. Dandry stated that office building use nor single family homes were not included in any of the requests and that the physical conditions of the property is marshy with some fill. Town Attorney James J. Johnston asked Mr. Dandry if there are any restrictive convenants to which he replied that he has clear title to the property. Mr. Dandry also stated that he was not sure in 1957 at the time of purchase what the intended use of the land would be but he knew it was residentially zoned. Simon Grenadier, Realtor, 520 North Avenue, New Rochelle Mr. Grenadier addressed the Board noting that his firm deals mainly in commercial and industrial realty and that the subject property has been listed with his firm for the last ten years. He further spoke of market conditions and prices and in answer to a question from Supervisor Vandernoot, he stated that although the asking price is fair the more important issue is the location. Council- man Bloom alluded once more to office building use and referred specifically to a building a few blocks away from the subject prop- erty and Mr. Grenadier noted that that building has been leased and vacated several times and that with the present state of the economy office buildings are not high in market value. Peter C. Doern, III, Real Estate Appraiser and Broker, 900 E. Boston Post Road, Mamaroneck Mr. Doern presented the following documents which were herewith ordered received and filed as part of the record of this hearing: "Qualifications of Peter C. Doern, III" "Dandry Property, Palmer Avenue and Harrison Drive - Valuation as Zoned for Business" -2- 278 4-21-76 "Dandry Property, Palmer Avenue and Harrison Drive - Valuation as Zoned OB-1" and reiterated those points made by Mr. Grenadier. He further stated, in answer to questions from each of the Councilmen, that the subject property is not marketable for one family houses, office building zoning is not economically feasible and explained the procedures involved in appraising that property and made coin- " parisons with other similar vacant sites in the surrounding communities. Mr. Minniti summed up his presentation by urging the Board to grant Mr. Dandry's request for change of zoning from the present OB-1 to Business since this would be the only way for his client's property to be economically feasible. Mrs. Marlene Kolbert, 27 Shadow Lane, Larchmont Mrs. Kolbert asked for figures on the present and anticipated assessment to which Mr. Vandernoot answered that accurate figures were not available at this time. Some discussion followed Mrs. Kolbert's request for a clarification of the differences between business and light industry, said clarification being made by Councilman Bloom. Following Councilman Perone's reference to the possible failure of the intended nursery business and other business coming there- after, the Town Attorney stated that the only application before this Board tonight was relative to a change in zoning and Mr. Bloom further noted that if that request is granted an appli- cation for special permit would then have to be submitted. Since no one wished to be heard in opposition to the application, on motion by Councilman McMillan, seconded by Councilman Perone, 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, Councilman Bloom, as the only Board member who served on the Zoning Board gave the background and reasoning for the OB zoning category for that property, the Board having thought at that time of a small office complex and noted that the original reason for OB-1 is not presently applicable. Councilman Perone stated that he hoped this Board would seriously look at vacant land and seek ways to add to the tax rolls, to which Councilman McMillan agreed. Following some further discussion, on motion by Councilman Bloom, seconded by Councilman DeMaio, the following resolution was adopted by unanimous vote of the Board: WHEREAS a Planning Commission has heretofore been appointed by the Town Board of the Town of 1tamaroneck and submitted its report in accordance with the provisions of Section 266 of the Town Law, and a Public Hearing having been duly had by said Town Board relative to said matter; -3- 279 4-21-76 NOW, THEREFORE, BE IT RESOLVED, that this Board does hereby enact and ordain as follows: Pursuant to the provision of Article 16 of the Town Law, the following described terri- tory within the Town of Mamaroneck, County of Westchester, State of New York, is hereby constituted and created a "B" Business district and the Official Zoning Map of the Town is here- by simultaneously corrected to reflect said change. The property known as Section 5, Block 501 Parcel 1, on the Tax Map of the Town of Mama- roneck comprising approximately 77,000 square feet and more particularly described as follows: BEGINNING at a point in the northerly line of Palmer Avenue where the same is intersected by the boundary line between the City of New Rochelle and the Town of Mamaroneck, (as fixed by act of the Board of Supervisors of Westchester County, passed May 3, 1926, pursuant to Section 37 of Chap- ter 16 of the Laws of 1909) ; and running thence northerly along said City and Town boundary, North 9° 49'55" West 278.09 feet to a point on the south- easterly side of land of the New York, New Haven and Hartford Railroad; running thence along the same, North 46° 43'05" East 238.43 feet to a point on the westerly side of land now or formerly of the County of Westchester; running thence along the westerly and southerly sides of said last mentioned land, South 2° 15'20" East 21.61 feet and North 74° 08'10" East 103.99 feet to the westerly side of Harrison Drive; running thence along the same, South 4° 29'00" East 210.22 feet to a point of curve; thence in a South- westerly direction on..a curve to the right along the westerly side of Harrison Drive and the northerly side of Palmer Avenue, with a radius of 25 feet, a distance of 22.6 feet to a point of tangency on the northerly side of Palmer Avenue; running thence along the same, South 47° 40'43" West 318.24 feet to the point of the beginning. (Following is a map or diagram showing the location of the property) -4- 280 4-21-76 • I IS. •--' 1 , kII4 J -1 - 0- 1cy /oa99' • .1 . 0 fit - •k _. FORME CY'_OF l--:-o;i Q 41 t ' _ - - 1 M i , • 4\I Btocire So/ PAlecEL ,�- ' . vr" 1 - .a - 9 �sal o • .• , 01 8 . :L1.0:„ _ • Q v 7 ? f 1 ' ' !H. . - .l. ' -- .. 1.1445#' •-•.. • - ' - '--.'•••-,'..,•_•-• . .- (i.'. -•"-.:',: -.... -- '-'- ''.: . .- ' . _ --''M4P of P oP TY.SHOWING CI--i,4AiGE IN ZD/V h/G , PQO1V1 • 05.1 ®Fig!cE ".0e)ILDING__ TO . 3_U 5 rNE 5 I N.,..714. -, 7-otAtisi_ox M AM AR°NEC X, W,E sT. Co., N:? - -5— 281 4-21-76 OLD BUSINESS 1. Set Date for Public Hearing - Amendment to Zoning Ordinance Following Councilman Bloom's presentation of a memorandum addressed to the Town Board under date of March 11, 1976 by Fred L. Maggini, Chairman of the Planning Board, herewith ordered received and filed for the record, in which that Board's recommendation for an amend- "' to the zoning ordinance was enumerated, on his motion, seconded by Councilman Perone, it was unanimously RESOLVED, that a public hearing will be held by this Board at its next regular meeting on Wednesday evening, May 5, 1976 in the Auditorium of the Weaver Street Firehouse, Weaver Street, Town of Mamaroneck, for the purpose of con- sidering the adoption of an amendment to the Zoning Ordinance of the Town of Mamaroneck; and be it further RESOLVED, that the Clerk be and she hereby is authorized to publish in the official newspaper of the Town of Mama- roneck, The Daily Times, the Notice of said hearing as required by law. 2. Consideration to Authorize Flood Control Plan - Army Corps of Engineers Supervisor Vandernoot referred to the recent background information relative to flood control measures for the Sheldrake River and noted that the Town's only commitment at this time is to urge the Army Corps of Engineers to continue its study, with whatever modifications are suggested, and he then presented the following which were here- with ordered received and filed as part of the record of this meeting: Letter dated April 14, 1976 addressed to the Town Board by Thomas Amlicke, Chair- man of the Town's Conservation Advisory Commission setting forth the Commission's suggestions for modifications to the flood control proposals of the Army Corps of En- gineers. Memorandum dated April 21, 1976 addressed to the Town Board by Charles R. Elfreich, Town Engineer recommending that the Town Board approve the flume plan with certain modifications. Letter dated April 19, 1976 addressed to the Town Board by Charles H. Bailer, 145 West Brookside Drive, Town, enclosing numerous petitions dated March 31, 1976 addressed to the Supervisor by concerned residents of the Town of Mamaroneck urging the Board to go forth with the study with certain modifications. -6- 282 4-21-76 In answer to the Supervisor's request for comments from the Board, Councilman Bloom noted the different reactions to the flume plan as indicated by the residents in each of the areas affected and urged all who have ideas and/or suggestions to let the Board know so they can be conveyed to the Corps of Engineers. Councilman Perone stated that he is in favor of this Board filing with the Corps a letter of intent and since the plan has not been III finalized, all ideas are welcome. Councilman DeMaio clarified the fact that the Corps is open to sugges- tions and has not said that the flume is the only plan. He further noted that it is highly probable that a plan can be formalized to allev- iate the flooding in all the areas. The Supervisor stated that at present no plans are being formulated for the lower part of the Sheldrake since not enough information from residents relative to their damages has been gathered. Following a statement by a resident that the flood problem is caused by the Larchmont Reservoir, both Councilmen Bloom and Perone clarified that point and referred to an ongoing engineering analysis and the possibility of Urban County funds to aid in that problem. Mr. Elfreich added that extensive studies have been made on relieving the downstream flooding. As the discussion continued relative to the Larchmont Reser- voir, it was noted that the residents of that area are objecting to the idea of an automatic valve. A resident brought to the Board's attention the rodent problem after the flooding to which Mr. Vandernoot stated that he would notify the Highway Superintendent and the Town Engineer explained the specifics of rodent control. III Prior to asking for the Board's pleasure, the Supervisor took up an item listed further down on the agenda and reminded everyone that April 30th is the deadline for paying taxes without penalty and noted that some residents have indicated non-receipt of their tax bill and urged them to notify the tax office. Thereupon on motion by Councilman Bloom, seconded by Councilman McMillan, it was unanimously RESOLVED, that the Supervisor be and he hereby is authorized to request the Army Corps of Engineers to proceed with the next stage of the Flume Plan; and be it further RESOLVED, that the Supervisor include in said request the modifications as suggested by the citizenry as well as the C.A.C. and the Town .Engineer's Office. NEW BUSINESS III 1. Salary Authorization - Recreation Pursuant to memorandum addressed to the Board by the Superintendent of Recreation under date of April 19, 1976 herewith presented and -7- 283 4-21-76 ordered received and filed, on motion by Councilman McMillan, seconded by Councilman Bloom, it was unanimously y RESOLVED, that this Board hereby authorizes that La Rue Best, Recreation Attendant, Memorial Park, be compensated at the rate of $3.00 per hour and Robert Webster, Rec- reation Attendant, Memorial Park, be com- pensated at the rate of $2.50 per hour, both effective April 19, 1976. 2. Authorization - Opening of Savings Account - Town of Mamaroneck Pursuant to the request addressed to the Board by the Comptroller/ Director of Finance under date of April 14, 1976 herewith presented and ordered received and filed, on motion by Councilman Bloom, seconded by Councilman McMillan, it was unanimously RESOLVED, that this Board hereby authorizes the Comptroller to open an account with The Bank of New York, County Trust Region, for the Town of Mamaroneck Tree Planting Fund; and it is further RESOLVED, that hereafter all deposits and withdrawals shall be authorized when signed by the signature or facsimile signature of Joseph F. Vandernoot, Supervisor and Carmine A. DeLuca, Comptroller; or Joseph F. Vandernoot, Supervisor and Genevieve Soriano, Deputy Comptroller. Following the adoption of the foregoing resolution and pursuant to Supervisor Vandernoot's reference to the suggestion of the Conserva- tion Advisory Commission, on motion by Councilman Bloom, which he moved with pleasure, seconded by Councilman Perone, who noted that it was certainly a fitting way to honor the former Supervisor, it was unanimously RESOLVED, that this Board hereby establishes the "Christine Helwig Tree Nursery" to be situated in the Leatherstocking Trail Conser- vation area near Country Road with a suitable sign to be erected designating this Tree Nur- sery for the perpetual improvement of the Town's environment in her honor; and be it further RESOLVED, that Mrs. Helwig be notified accordingly. 3. Authorization - Change of Title Pursuant to memorandum addressed to the Town Board under date of April 14, 1976 from the Comptroller, herewith presented and ordered received and filed, on motion by Councilman Bloom, seconded by Council- man McMillan, it was unanimously RESOLVED, that this Board hereby authorizes a change of title for Genevieve F. Soriano -8- 284 4-21-76 from Senior Account Clerk to Junior Accountant, effective April 15, 1976. 4. Authorize Tax Lien Sale In accordance with the memorandum of the Deputy Receiver of Taxes, dated April 21, 1976 herewith presented and ordered received and filed, on motion duly made and seconded, it was unanimously directed that the date for the 1976 Tax Lien Sale be held on May 19th, 1976 at 10:00 A.M. 5. Engineer's Request - Release of the 10% Retained Percentage for the Sanitary Sewer Replacements - Homer and Forest Avenues Pursuant to memorandum addressed to the Town Board by the Town Engineer under date of April 21, 1976 herewith presented and ordered received and filed, on motion by Councilman Bloom, seconded by Coun- cilman DeMaio, it was unanimously RESOLVED, that this Board hereby authorizes the acceptance of a Maintenance Bond on Contract 75-6 - Sanitary Sewer Replacement - Homer Avenue and Contract 75-7 Sanitary Sewer Replacement - Forest Avenue in the amounts of $5,649.50 and $4,452.90 respectively in lieu of the 10% retained percentage to Ecco Equip- ment Inc. , as approved by the Town Attorney. COMMUNICATIONS 1. Public Notice - Larchmont Village Zoning Board of Appeals A Pultit Notice of the Zoning Board of Appeals of the Village of Larchmont dated April 9, 1976 was herewith presented and ordered received and filed. THE SUPERVISOR 1. Reminder - Tax Collection - April 30, 1976 (This item was taken up at an earlier point in the meeting by the Supervisor.) THE COUNCILMEN Mr. Perone 1. Appointment - Teen Center Coordinator Councilman Perone in speaking of the activities at the Teen Center noted the need for a Coordinator and referred to a proposal by the Town and Village of Larchmont to hire such a person. -9- 285 4-21-76 Following some discussion in which Councilman Perone outlined the job description and a resume of James Treacy's qualifica- tions and on his motion which he moved with pleasure, seconded by Councilman McMillan, it was unanimously RESOLVED, that James Treacy, 41 Larchmont Avenue, Village of Larchmont be and he hereby is appointed Coordinator of the Ill Larchmont-Mamaroneck Addison Street Teen Center for one year, effective June 1, 1976, to be compensated the sum of $2,400 on a contract basis, payable 60% by the Town Of Mamaroneck and 40% by the Village of Larchmont. The Supervisor at this time thanked Mrs. Mickey Megroz who has served so diligently and faithfully at the Center and he and Councilman DeMaio expressed their hopes of her continued in- volvement with the youth of this community. 2. Authorization for Youth Service & Recreation State Aid Application In accordance with the request of the Recreation Commission and Superintendent, on motion by Councilman Perone, seconded by Councilman McMillan, it was unanimously RESOLVED, that this Board hereby author- izes the Supervisor to execute the Youth Service and Recreation Project Application and submit to the New York State Youth Commission requesting State Aid in the amount of $10,628.00 for the period from June 1st, 1976 to May 31st, 1977. ADJOURNMENT There being no further business to come before the meeting, on motion duly made and seconded, it was declared adjourned at 10:35 P.M. to reconvene on May 5, 1976. BOARD OF FIRE COMMISSIONERS The meeting of the Board of Fire Commissioners was convened imme- diately upon the adjournment of the Town Board meeting. 1. Claims Upon presentation for authorization of 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 approved by the Fire -10- 286 4-21-76 Chief and audited by the Comptroller's office: Alfax Manufacturing Corp. $ 332.56 Dri-Chem Extinguisher Corp. 120.50 Exxon Company, U.S.A. 172.43 J.R.R. Realty/Stephen Davis, Attorney 1,779.56 Lawrence Heat & Power Corp. 507.59 Anthony N. Librandi 146.75 McGuire Bros. , Inc. 20.00 William Smith Supplies, Inc. 58.68 Town of Mamaroneck Special Districts 67.20 $3,205.27 2. Other Business - Reports There were no reports or other business to come before the Commission. ADJOURNMENT There being no further business to come before the Fire Commission, on motion duly made and seconded, it was declared adjourned at 10:36 P.M. , to reconvene on May 5, 1976. U W6xrClV Town elerk -11-