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HomeMy WebLinkAbout1976_05_05 Town Board Regular Minutes 287 5-5-76 MINUTES OF A REGULAR MEETING OF THE TOWN BOARD OF THE TOWN OF MAMARONECK, HELD MAY 5, 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 DeMaio Councilman McMillan Councilman Perone Absent: None Also Present: Mrs. Miller - Town Clerk Mrs. Renta - Deputy Town Clerk Mr. Johnston - Town Attorney Mr. Aitchison - Superintendent of Highways Mr. DeLuca - Comptroller Mr. Elfreich - Town Engineer THE SUPERVISOR Announcement re Filming Supervisor Vandernoot introduced Mrs. Marianne Mazzullo, Learning Disabilities Project Director in the Mamaroneck Public Schools who brought to attention the State Education Department's filming during tonight's meeting. Following Mrs. Mazzullo's brief ex- planation of the school district's programs and the introduction of her staff members present, she then conducted a question and answer period and expressed her gratitude to the Town Board for its support relative to their programs which meet the needs of the special education students. PUBLIC HEARING: Amendment to the Zoning Ordinance On motion by Councilman Bloom, seconded by Councilman DeMaio, 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 Notice of Hearing for the record. The Supervisor then presented the following which were herewith ordered received and filed as part of the record of this hearing: Letter addressed to the Town Clerk by the Westchester County Planning Board under date of May 5, 1976 recommending approval of the proposed amendment. Letter addressed to the Supervisor by Alan W. Katzenstein under date of May 3, 1976 endorsing -1- 288 5-5-76 the amendment, voicing his and his neighbors' concerns relative to the protection of their neighborhood. Letter addressed to the Supervisor by Everett W. Bovard under date of April 30, 1976 enumerating safety measures the Board should consider before adopting the amendment. Councilman Bloom commented that this hearing is a follow-up to the previous hearing after which the Board approved the request for change of zoning and clarified that the proceeding tonight would be solely to consider adding a new use under the already existing permitted uses. He further noted those concerns and suggestions expressed in the aforementioned letters will more appropriately be handled at the time when an application for a special permit is presented. Since no other Board member wished to comment at this time, Supervisor Vandernoot suggested and it was unanimously agreed that the usual procedure would be deviated from and the floor would be open for comments relative to the amendment. Joseph Minniti of 280 Murray Avenue, Town spoke as a resident and taxpayer of the Town, as well as the Attorney for Mr. Dandry, and recounted the steps taken thus far by his client, James Dandry and urged approval of the amendment. Everett Bovard of 21 Woods Way, Larchmont noted that he was repre- senting a large group of his neighbors who were concerned about the nursery's effect on their quality of life. Some discussion followed with reference to points raised by Mr. Bovard, most particularly the concern about traffic safety and the installation of a signal light in which Supervisor Vandernoot, Councilman McMillan, Councilman Perone and Mr. Minniti made clarifying statements. Whereupon since no one else wished to be heard, on motion by Council- man McMillan, seconded by Councilman Perone, it was unanimously RESOLVED, that the hearing be and it hereby is declared closed. In reply to the Supervisor's question as to the Board's pleasure, on motion by Councilman Bloom, seconded by Councilman Perone, the following resolution was adopted by unanimous vote of the Board: RESOLVED, that this Board hereby amends Article V entitled "Business and Industrial Districts: "Permitted Uses", Chapter 89-28, Business District: B. , Paragraph B.entitled "Special uses (subject to conformance to additional standards as provided in Chapter 89-49)" so as to add under "Permitted Special Uses" subparagraph 08) which shall read as follows: "Nursery Use: for the sale of plants, trees, shrubbery, nursery stock, seeds, nursery supplies, fertilizers, soil conditioners, garden hand tools and accessories; gardener's masonry and incidental supplies. (fruits, vegetables and food not permitted) . The land area to be 60,000 sq. ft. or more if used for Nursery business purposes." -2- 289 5-5-76 NEW BUSINESS 1. Acceptance of Road - Leatherstocking Lane Pursuant to memorandum addressed to the Town Board by the Engineer under date of May 5, 1976, herewith presented and ordered received and filed, on motion by Councilman McMillan, seconded by Councilman Bloom, it was unanimously RESOLVED, that this Board hereby accepts as a public street or highway of the Town of Mamaroneck the street known as Leather- stocking Lane located in the Subdivision known as Wild Oak Estates as shown on Map No. 16419 filed in the office of the County Clerk, Division of Land Records of West- chester County, New York, on November 8, 1968; and be it further RESOLVED, that in accordance with the recommendation of the Town Engineer, this Board hereby cancels Performance Bond No. 8235139 in the amount of $14,000.00, dated October 24, 1968, upon which The Fidel- ity and Deposit Company of Maryland is Surety and Vincent Di Pace of 28-47 Bell Boulevard, Bay Side, New York is Principal. 2. Authorization to Advertise for Bids - Launch for Sailing Program The Supervisor presented a memorandum addressed to the Board under date of May 5, 1976 by the Superintendent of Recreation which was herewith ordered received and filed, and on motion by Councilman Bloom, seconded by Councilman McMillan, it was unanimously RESOLVED, that this Board hereby authorizes publication in the official newspaper of the Town of Mamaroneck, The Daily Times, of a Notice for Bids for a new launch to be used in the Town's sailing program, said bids to be returnable on May 18, 1976, and reported to the Town Board on May 19, 1976. 3. Salary Authorizations a) Recreation Pursuant to memorandum addressed to the Board by the Recreation Superintendent under date of April 29, 1976 herewith presented and ordered received and filed, on motion by Councilman Perone, seconded by Councilman McMillan, the following resolution was adopted by a majority vote of 3 ayes and 2 abstentions, Councilmen Bloom. and DeMaio not voting: RESOLVED, that Richard. P. Finn! and M. Lawrence Noyer, Recreation Attendants, Hommocks Tennis Courts be compensated at the rate of $2.50 per hour, effective April 27 and April 28, 1976 respectively. -3- 290 5-5-76 b) Assistant Maintenance Man - Police Pursuant to memorandum addressed to the Board under date of May 4, 1976 by the Comptroller herewith presented and ordered received and filed, on motion by Councilman Bloom, seconded by Councilman DeMaio, it was unanimously RESOLVED, that this Board hereby authorizes that Patrick O'Conner be engaged as Assistant Maintenance Man to assist Ben Seagraves and be compensated at the rate of $3.00 per hour for a 35 hour work week, effective as of May 10, 1976 and terminating the end of August. 4. Expense Authorization - Town Clerk's Attendance at Seminar for Town Clerks Following presentation of a memorandum addressed to the Board by the Town Clerk under date of May 5, 1976, herewith ordered received and filed, on motion by Councilman Perone, seconded by Councilman Bloom, it was unanimously RESOLVED, that this Board hereby authorizes Dorothy S. Miller, Town Clerk to attend the Seminar for Town Clerks to be held at Riley- Robb Hall, Cornell University, Ithaca, New York from June 6 to June 8, 1976 with expenses to be paid by the Town in an amount not to exceed the sum of $200.00; and be it further RESOLVED, that use of the Town Clerk's personal car is authorized for this trip. COMMUNICATIONS 1. Recommendation - Human Rights Commission The Supervisor presented a letter addressed to the Board by Peter Fousek, Chairman of the Town's Human Rights Commission under date of April 26, 1976 in which he enumerated Mr. & Mrs. Stuart Tolley's objections to the annual display at Christmas time of the creche on town property and the Commission's recommendations to the Board relative to those objections. The letter was herewith ordered re- ceived and filed. Responding to questions from the floor, Super- visor Vandernoot stated that there has been no outlay of public funds although park employees install the display each year. 2. Resignation - Tenants Advisory Council A letter addressed to the Supervisor by Mrs. F. Warren Green of 16 North Chatsworth Avenue, Town, under date of April 23, 1976 tendering her resignation as a member of the Tenants Advisory Council because she felt the function of the Council had been accomplished with the enactment of the Emergency Tenant Protec- tion Act was herewith presented and ordered received and filed. -4- 291 5-5-76 Councilman McMillan expressed on behalf of the Board appreciation to Mrs. Green for this and her many other services to the community and on his motion, seconded by Councilman Bloom, it was unanimously RESOLVED, that this Board with regret accepts the resignation of Mrs. F. Warren Green from the Town's Tenants Advisory Council, to be effective immediately, and expresses to her its thanks and appreciation for her invaluable services to the community; and be it further RESOLVED, that a letter be directed to Mrs. Green expressing the Board's sentiments. 3. Letter, Myrtle Boulevard Traffic Safety Committee The Supervisor acknowledged receipt of a letter addressed to him under date of April 14, 1976 by the Myrtle Blvd. Traffic Safety Committee expressing their gratitude to Police Chief Barasch and the Town Police, which was herewith ordered received and filed for the record. 4. Letter, Flood Control Project Supervisor Vandernoot presented a copy of a letter addressed to Colonel Hunter of the Army Corps of Engineers under date of May 3, 1976 by Eldred Rich of the New York State Department of Environmental Conservation enumerating that Department's re- quests as well as those of the Village and Town of Mamaroneck relative to the aforesaid project. The letter was herewith ordered received and filed. 5. Notification - Recognition as Official Bicentennial Community A copy of a letter addressed to Leo Goldsmith, Jr. under date of April 23, 1976 by Louis L. Tucker of the New York State American Revolution Bicentennial Commission, extending congratulations on the above captioned recognition, was herewith presented by Mr. Vandernoot and ordered received and filed. THE TOWN CLERK Regularly Monthly Reports The Town Clerk presented the following reports which were ordered received and filed. Report of the Town Clerk for the month of April 1976. Report of the Building & Plumbing Inspector for the month of April 1976. -5- 292 5-5-76 . THE SUPERVISOR 1. Report - Relocation of 30-inch Main - Yonkers Mr. Vandernoot reported that the above captioned project has been com p leted with a minimum of disruption in water supply and at a cost of $3,000 to $4,000 less than anticipated. Not on Agenda Following the Supervisor's invitation for anyone wishing to address the Board to do so, Mrs. Nancy Hartford publicly thanked James Kronenberger on behalf of the school district's children and parents for the successful recreation program held during the Spring recess and added thanks to Tom Leddy for the tree planting on Murray Avenue. THE COUNCILMEN Councilman DeMaio Councilman DeMaio noted the Library was in its sixth week of Sunday openings with a circulation of 300 and no reduction in weekday service. ADJOURNMENT There being no further business to come before the meeting, on motion duly made and seconded, it was declared adjourned at 9:25 P.M. , to reconvene on May 19, 1976. BOARD OF FIRE COMMISSIONERS 1. Claims Upon presentation for authorization of payment by Commissioner Bloom and on his motion, seconded by Commissioner McMillan, it was unani- mously RESOLVED, that this Commission hereby authorizes payment of the following Fire Department claims approved by the Fire Chief and audited by the Comptroller's office: Raymond Bingman $14.25 R. G. Brewer, Inc. 48.92 Con Edison 245.89 Con Edison 29.17 Hills Signs, Inc. 235.83 New York Telephone Co. 311.79 New York Telephone Co. 14.66 $ 900.51 -6- 293 5-5-76 2. Reports There were no reports 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 9:26 P.M. to reconvene on May 19, 1976. �i�}-0.►�.A.-��' II dlQJV Town lerk -7-