HomeMy WebLinkAbout1979_06_06 Town Board Minutes MINUTES OF A REGULAR MEETING OF THE TOWN BOARD OF THE TOWN OF MAMARONECK,
HELD JUNE 6, 1979, IN THE AUDITORIUM OF THE WEAVER STREEET 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
Councilwoman Monsell
Absent: Councilman DeMaio
Also Present: Mrs. Miller-Town Clerk
Mr.Johnson -Town Attorney
Mr. DeLuca -Comptroller
Mr. Elfreich -Town Engineer
Mr.Aitchison - Superintendent of Highways
APPROVAL OF MINUTES—March 7, 1979
The Minutes of the Regular Meeting of May 16, 1979, were presented and on motion of
Councilman McMillan, seconded by Councilwoman Monsell, approved as submitted.
PUBLIC HEARING—Special Permit Application—General Nursery Use
Supervisor Vandenoot read the purpose of the public hearing,then on motion of
Councilman Bloom,seconded by Councilwoman Monsell,the public hearing was
unanimously opened.
John A. Geoghegan, attorney for the applicant spoke in favor. Mr. Geoghegan indicated his
applicant wishes to discontinue prior use of property.
Supervisor Vandernoot stated under condition of no retail sales and requested of attorney
who indicated would accept that condition.
On motion of Councilwoman Monsell, seconded by Councilman Bloom,the public hearing
was closed.
On motion of Councilman McMillan, seconded by Councilwoman Monsell,the Special
Permit Application was approved as follows:
ATTACHMENT A
PUBLIC HEARING—Proposed Local Law No. 1-1979 re Flood Damage Prevention Program
Supervisor Vandernoot read the purpose of the proposed local law.
On motion of Councilwoman Monsell, seconded by Councilman McMillan, the public
hearing was opened.
Mr. Elfreich -Town Engineer, spoke in favor of the local law.
Phyllis Wittner, 6 Pheasant Run,Town of Mamaroneck, asked questions regarding land
within the flood hazard area.
No one opposing.
On motion of Councilman McMillan, seconded by Councilman Bloom,the public hearing was
unanimously closed.
On motion of Councilman Bloom,seconded by Councilman McMillan,the following local law was
adopted as follows:
ATTACHMENT B
OLD BUSINESS
1. Report of Tax Lien Sale
Supervisor Vandernoot read from the memo of the Town Comptroller.
NEW BUSINESS
1. Request—Change of Name—Isabelle Lane
On motion of Councilwoman Monsell, seconded by Councilman McMillan, it was
RESOLVED,that the Mamaroneck Town Board does hereby approve the official name change
of Isabelle Lane, located in the unincorporated Town of Mamaroneck,to Gate House Lane,
effective immediately.
2. League of Women Voters—Report re Productivity Study
Discussion ensued, on the reports presented by the League of Women Voters. Mrs. Wolf and Mrs.
Silverstone suggested the Town Board further review the reports and discuss further at an
upcoming Town Board meeting.
3. Resolution—Change of Date Next Town Board Meeting
On motion of Councilman Bloom, seconded by Councilman McMillan,the Town Board set the July
Town Board meeting to be held on July 11.
4. Petition Requesting Amendments to Dog Law and to Set Public Hearing Date
It was noted that the Town received a petition signed by 152 residents regarding dog waste, , and
requesting an amendment to the law.The Town Board favored additional enforcement for the
time being.The Town Board suggested polling the community and possibly introducing more
language similar to the NY State law passed in 1977.
5. Recommendation from Westchester Joint Water Works-Capital Improvements
On motion of Councilman Bloom, seconded by Councilman McMillan, it was approved:
ATTACHMENT C
6. Request for Tax Rebate—Second Baptist Church
On motion of Councilman McMillan, seconded by Councilman Bloom, it was
RESOLVED,that the Mamaroneck Town Board does hereby authorize the write off of
two tax liens for the years 1976 and 1977 totaling$1,59.35,for the Second Baptist
Church, due to a failure of the Assessor to grant a religious exemption for those years.
7. Salary Authorizations
a) Recreation
On motion of Councilman McMillan, seconded by Councilwoman Monsell, it was
RESOLVED,that the Mamaroneck Town Board does hereby approve the salary request
for Bonnie Folger, Rec.Assistant, Gymnastics, at$25.00 per session, effective March
10, 1979, and
BE IT, FURTHER
RESOLVED,that the Mamaroneck Town Board does hereby approve the salary request
for Terrie Kelleher, Lifeguard, Hommocks Pool, at$2.50 per hour, effective May 25,
1979.
b) Assistant Maintenance Man—Police Department
On motion of Councilwoman Monsell, seconded by Councilman McMillan, it was
RESOLVED,that the Mamaroneck Town Board does hereby appoint Chris Shaw of
Richbell Road, to work as an assistant to Ben Seagraves from June 11, 1979 through
September 1, 1979 for a seven hour day at$3.50 per hour.
8. Authorization to rent Paving Equipment
On motion of Councilman Bloom, seconded by Councilwoman Monsell, it was
RESOLVED,that the Mamaroneck Town Board does hereby authorize the rental of
Highway paving equipment from Peckham Materials Corp., effective June 6, 1979,for
the repaving program of Hommocks Road,Alden Road, Copley Road, Kenmare Road,
Harmony Drive, Plymouth Road,Winthrop Avenue,Valley Road, Glen Road, Birchfield
Road, Fern Road, Birch Road and Maplewood Street, subject to the approval of the
Commissioner of Public Works, County of Westchester.
9. Request to Advertise for Bids—1 pickup Truck and 1 Dump Truck
On motion of Councilman McMillan, seconded by Councilwoman Monsell, it was
RESOLVED,that the Mamaroneck Town Board does hereby authorize to advertise
the bids for 1 pickup truck and 1 dump truck for the Highway Department.
THE TOWN CLERK
1. Regular Reports
Town Clerk May 1979
Building Department Report May 1979
THE SUPERVISOR
1. Observance—Flag Day
ATTACHMENT D
2. Resolution—John M. Perone
ATTACHMENT E
ADJOURNMENT
BOARD OF FIRE COMMISSIONERS
On motion of Commissioner Bloom, seconded by Commissioner McMillan, the Board of Fire
Commissioner was convened.
1. Fire Claims
On motion of Commissioner Bloom, seconded by Commissioner McMillan,the Board of Fire
Commissioner approved the Fire Claims as submitted by the Comptroller and submitted by the Fire
Chief as follows:
ATTACHMENT F
2. Other Business
The Fire Commissioner read the Fire Reports for the months of April and May as submitted by the Fire
Chief.
ADJOURNMENT
Minutes as Compiled on March 17, 2022, by Town Clerk Christina Battalia from the meeting packet
documents of Town Clerk Dorothy Miller
ATTACHMENT A
EXTRACT FROM THE MINUTES OF A REGULAR MEETING OF THE TOWN
BOARD ' F 'hE TOW J 'lF "AN_ARONECK, u^Ln :Tin. 5, 1979 IN THE
AUDITORIUM OF THE ' VER STREET FIREFOT:SF, WEAV?H STREET,
't(W t OF ,W1A121. % (YIp"'T:c HOT vT'T 'PPRPVF'; Tt TOWN
BOARD)
WHEREAS, Gaetano Acocella, Owner and Frank
Auricchio, Appellant have submitted an
application and accompanying plans for the
operation of a general nursery business on
property located at 633 & 635 Fifth Avenue,
Town of '!amaronec'{, known as Plock 132
rarcels 175 & 643 on the Tax Assessment \rap
of the Tows of Mamaroneck;
and
T9?:REAS, the said application and plans are
subject to a Special Permit pursuant to
Article V, Chapter 89-2B, Paragraph E, Sub-
pa paragraph (£) of the Zoning Ordinance of the
Town of Mamaroneck:
and
WHEREAS, the application has been duly re-
ferred to the Planning Board for study and
recommendation:
and
WHEREAS, a public hearing was duly called
by this Board for this meeting pursuant to
the aforesaid Section of the Zoning
Ordinance;
and
ATTCHM ENT A (CONT)
WHEREAS, this Board has examined the plans,
specicicatian': and applicytiot. cop' finds
that the conditions and standards required
.v the Zoning r)rdinance for Special Permit
have been met;
NOW, THEREFORE, BE IT
RESOLVED, that pursuant to the recommendation
of the Town of Mamaroneck Planning Board, the
application of Gaetano Acocella, Owner and
Frank Auricchio, Appellant for a Epecial
Permit so as to allow a general nursery busi-
ness at 633 & 635 Fifth Avenue, Town of
Liamaroneck, is hereby granted and the Building
and numbing Inspector of t'"e Town of
Mamaroneck is authorised to issue a Special
Permit for the. operation of the general
nursery business as shown ou the plans
accompanying the application, provided that
the prop sed onforms in all respects with the
Building Code; the Plumbing Code; and the
Zoning Ordinance of the Town of Mamaroneck; and
also complies with the condition that no retail
sales be conducted on the property;
and be it further
RESOLVED, that all site work shown on approved
plans be completed within a period of one (1)
year.
?Muir of New Unrl;
(flouuig of 1Ilrsirllrater so.:
Town of±liautaruurrh
I do hereby certify that I have compared the annexed Resolution with the original on file in
my office, and that the same is a true and correct transcript therefrom and of the whole of the
said original Resolution, which was duly passed by the Town Board of the Town of Mamaro-
neck,a quorum being present,on June tij 1979
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Corporate Sale
of said Town of Mamaroneck,this =` t ' day of July 19
Town Clerk
ATTACHMENT B
EXTRACT FROM THE MINUTES OF A REGULAR MEETING OF THE
TOWN BOARD OF THE TOWN OF MAMARONECK, HELD JUNE 6,
1979 IN THE AUDITORIUM OF THE WEAVER STREET FIREHOUSE,
WEAVER STREET, TOWN OF MAMARONECK. (MINUTES NOT YET
APPROVED BY TOWN BOARD)
WHEREAS, this Town Board has met on June 6,
1979, at the time and place specified in the
Notice of Public Hearing to consider the
adoption of Local Law No. 1 - 1979 - A Local
Law Creating a Flood Damage Prevention Program
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 - 1979 entitled "A Local Law
Creating a Flood Damage Prevention Program",
and that such Local Law as so adopted and here-
with inserted be made a part of the minutes of
this meeting; 1
1
and be it further
RESOLVED, that this Local Law does hereby super-
cede and therefore repeals Chapter 28 entitled
"Flood Hazard Areas" of the Town Code of the
Town of Mamaroneck;
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 re-
quired by law.
*tate of!'rut Durk
(tlountg of filrrtrhrotrr ss.:Omniof fiiauru•onrrl;
I do hereby certify that I have compared the annexed Resolution with the original on tile in
my office. and that the same is a true and correct transcript therefrom and of the whole of the
said original Resolution, which was duly passed by the Town Board of the Town of Mamaro-
neck, a quorum being present, on
IN WITNESS WHEREOF. I have hereunto set my hand and affixed the Corporate Sale
of said Town of Mamaroneck. this gt.}}...day of June , 197.9....
Town Clerk
ATTACHMENT B (CONT)
ATTACHMENT B (cont. )
LOCAL LAW NO. 1--1979
A LOCAL LAW CREATING A FLOOD DAMAGE PRE-
VENTION PROGRAM
Be it enacted by the Tbwn Board of the Town of Mamaroneck as
follows:
SECTION 1.0 STATUTORY AUTHORIZATION, FINDINGS OF FACT, PURPOSE AND OBJECTIVES.
1.1 ' Statutory Authorization
The Legislature of the State of New York has in sections 261 , 263,
276 and 277 of Town Law and 36-0101 of the Environmental Conservation Law
delegated the responsibility to local governmental units to adopt regulations
designed to promote the public health, safety and general welfare of its
citizenry. Therefore, the Town Board of the Town of Mamaroneck, excluding
theseparately:incorporated'Village of Mamaroneck and Village of Larchmont,
New York does hereby ordain, enact and publish as follows:
1.2 ' Findings.of Fact
(1) The flood hazard areas of the Town of Mamaroneck are subject
to periodic inundation which results in loss of life and property, health and
safety hazards, disruption of commerce and governmental services, extraordinary
public expenditures for flood protection and relief, and impairment of the •
tax base, all of which adversely affect the public health, safety and
general welfare.
(2) These flood losses are caused by the cumulative effect of
1 obstructions in areas of special flood hazards which increase flood heights
and velocities and when inadequately anchored, damage uses of other areas.
Uses that are inadequately floodproofed, elevated or otherwise protected
from flood damage also contribute to the flood loss.
1
1.3 Statement of Purpose
i •
It is the purpose of this. Local Law to promote the public health,
safety, and general welfare, and to minimize public and private losses to
to flood conditions in specific areas by provisions designed:
(1) To protect human Life and health;
(2) To minimize expenditure of public money for costly flood
control projects;
(3)• To minimize the need for rescue and relief efforts associated
with flooding and generally undertaken at the expense of the general public;
(4) To minimize prolonged business interruptions;
(5) To minimize damage to public facilities and utilities such
as water and gas main, electric, telephone and sewer lines, streets and bridges
located in areas of special flood hazard;
(6) To help maintain a stable tax base by providing for the second
use and development of areas of special flood hazard so as to minimize future
flood blight areas;
(7) To insure that potential buyers are notified that property is •
in an'area of special flood hazard; and,
(8) To ensure that those who occupy the areas of special flood •
hazard assume responsibility for their actions.
1.4 Methods of Reducing Flood Losses
In order to accomplish its purposes, this Local Law includes
methods and provisions for:
(1) Restricting or prohibiting uses which are dangerous to
health, safety and property due to water or erosion hazards, or which results
in damaging increases in erosion or in flood heights or velocities ;
(2) Requiring that uses vulnerable to floods, including facilities
which serve such uses, be protected against flood damage at the time of initial
construction;
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(3) Controlling the alteration of natural flood plains, stream
channels, and natural protective barriers, which help accommodate or channel
flood waters;
(4) Controlling filling, grading, dredging and other development
which may increase flood damage; and,
(5) Preventing or regulating the construction of flood barriers
which will unnaturally divert flood waters or which may increase flood hazards
in other areas.
SECTION 2.0 DEFINITIONS
Unless specifically defined below, words or phrases used in this . Lctral Jaw
shall be interpreted so as to give this Local Law Its most reasonable application.
"Appeal" means a request for a review of the Town Engineer's interpretation
of any provision of this Local Law .. a request for a variance.
"Area of shallow flooding" means a designated AO or VO Zone on the Flood
Insurance Rate Map (FIRM) . The base flood depths range from one to three feet;
a clearly defined channel does not exist; the path of flooding is unpredictable
and undeterminate; and, velocity flow may be evident.
"Area of special flood hazard" means the land in the flood plain within
a community subject to a one percent or greater chance of flooding in any
given year.
"Base flood" means the flood having one percent chance of being equalled
or exceeded in any given year.
"Breakaway walls" means any type of walls, whether solid or lattice and
whether constructed of concrete, masonry, wood, metal, plastic or any other
suitable building material which are not part of the structural support of the
building and which are so designed as to breakaway, under abnormally high
tides or wave action, without damage to the structural integrity of the building
on which they are used or any buildings to which they might be carried by flood
waters. 3
"Coastal high hazard area" means the area subject to high velocity waters,
including but not limited to, hurricane wave wash or tsunamis. The area is
i
designated on a FIRM as Zone VI-30
"Development" means any man-made change to improved or unimproved real
estate, including but not limited to buildings or other structures, mining,
dredging, filling, grading, paving, excavation or drilling operations located
within the area of special flood hazard.
"Flood" or "flooding" means a general and temporary condition of partial
or complete inundation of normally dry land areas from:
(1) The overflow of inland or tidal waters and/or
(2) The unusual and rapid accumulation or runoff of surface waters
from any source.
"Flood Insurance Rate Map" (FIRM) means the official map on which the
Federal Insurance Administration has delineated both the areas of special
flood hazards and the risk premium zones applicable to the community.
"Flood Insurance Study" means the official report provided in which the
Federal Insurance Administration has provided flood profiles, as well as the
Flood Boundary-Floodway Map and the water surface elevation of the base flood.
"Floodway" means the channel of a river or other watercourse and the
adjacent land areas that must be reserved in order to discharge the base flood
without cumulatively increasing the water surface elevation more than(1) foot
"Habitable Floor" means any floor usable for living purposes, which
includes working, sleeping, eating, cooking or recreation, or a combination
thereof. A floor used only for storage purposes is not a "habitable floor".
"Mobile home" means a structure that is transportable in one or more
sections, built on a permanent chassis, and designed to be used with or without
a permanent foundation when connected to the required utilities. It does
not include recreational vehicles or travel trailers
4
.I.
"New construction" means structures for which the "start of construction"
commenced on or after the effective date of this Local Law .
"New mobile home park or mobile home subdivision" means a parcel (or
contiguous parcels) of land divided into two or more mobile home lots for
rent or sale for which the construction of facilities for servicing the
lot (including, as a minimum, the installation of utilities, either final
site grading or the pouring of concrete pads, and the construction of
streets) is completed on or after the effective date of this Local Law
"Sand dunes" mean naturally occurring accumulations of sand in ridges
or mounds landward of the beach.
"Start of construction" means the first placement of permanent
construction of a structure (other than a mobile home) on a site, such as
the pouring of slabs or footings or any work beyond the stage of excavation.
Permanent construction does not include land preparation, such as clearing,
grading, and filling, nor does it include the installation of streets and/or
walkways; not does it include excavation for a basement, footings, piers or
foundations or the erection of temporary forms; nor does it include the
installation on the property of accessory buildings, such as garages or
sheds not occupied as dwelling units or not as part of the main structure.
For a structure (other than a mobile home) without a basement or poured
footings, the "start of construction" includes the first permanent framing
or assembly of the structure or any part thereof on its piling or foundation.
For mobile homes not within a mobile home park or mobile home subdivision, "start
of construction" means the affixing of the mobile home to its permanent site.
For mobile homes within mobile home parks or mobile home subdivisions, "start
of construction" is the date on which the construction of facilities for
servicing the site on which the mobile home is to be affixed (including, at a
minimum, the construction of streets, either final site grading or the pouring
5
of concrete pads, and installation of utilities) is completed.
"Structure" means a walled and roofed building, a mobile home, or a
gas or liquid storage tank, that is principally above ground.
"Substantial improvement" means any repair, reconstruction, or improvement
of a structure, the cost of which equals or exceeds 50 percent of the market
value of the structure either:
(1) before the improvement or repair is started, or
(2) if the structure has been damaged and is being restored, before the
damage occurred.
For the purposes of this definition "substantial improvement" is considered
to occur when the first alteration of any wall, ceiling, floor, or other
structural part of the building commences, whether or not that alteration
affects the external dimensions of the structure.
The term does not, however, include either:
(1) any project for improvement of a structure to comply with existing
State or local health, sanitary, or safety code specifications which are solely
necessary to assure safe living conditions, or
(2) any alteration of a structure listed on the National Register of
Historic Places or a State Inventory of Historic Places.
"Variance" means a grant of relief from the requirements of this ordinance
which permits construction in a manner that would otherwise be prohibited
by this Local Law.. ..
SECTION 3.0 GENERAL PROVISIONS
3.1 Lands to which this Local Law Applies
This Local Law shall apply to all areas of special flood hazards
within the .unincorporated area of 'the Town of Mamaroneck.
3.2 Basis for Establishing the Areas of Special Flood Hazard
The areas of special flood hazard identified by the Federal Insurance
6
Administration in a scientific and engineering report entitled "The Flood Insurance
Study for the Town of Mamaroneck", dated December 15, 1978 with accompanying
Flood Insurance Rate Maps and Flood Boundary-Floodway Maps is hereby adopted
by reference and declared to be a part of this..Local Law.. The Flood Insurance
Study is on file at the Office of the Town Clerk, 740 West .Boston Post Road,
Mamaroneck, New York.
3.3 Penalties for Noncompliance
No structure or land shall hereafter be constructed, located, extended.,
converted, or altered without full compliance with the terms of this Local Law
and other applicable regulations. Violation of the provisions of this Local Law
by failure to comply with any of its requirements (including violations of
conditions and safeguards established in connection with conditions) shall
constitute a violation .. Any person who violates this Local Law or fails to
comply with any of its requirements shall upon conviction thereof be fined
not more than $250. or imprisoned for not more thanl 5 days, or both, for each
violation and in addition shall pay all costs and expenses involved in the
case. Nothing herein contained shall prevent the Town of Mamaroneck from
taking such other lawful action as is necessary'to prevent or remedy any
violation.
3.4 Abrogation and Greater Restrictions
This Local Law •is not intended to repeal, abrogate, or impair
any existing easements, covenants or deed restrictions. However, where
this Local Law •and other ordinance, easement, covenant, or deed restriction
conflict or overlap, whichever imposes the more stringent restrictions shall
prevail.
3.5 Interpretation
In the interpretation and application of this Local Law, all _
provisions shall be:
7
(1) Considered as minimum requirements;
(2) Liberally construed in favor of the governing body; and,
(3) Deemed neither to limit nor repeal any other powers granted under
State statutes.
3.6 Warning and Disclaimer of Liability
The degree of flood protection required by this Local-Law is
considered reasonable for regulatory :purposes and is based on scientific
and engineering considerations. Larger floods can and will occur on rare
occasions. Flood heights may be increased by man-made or natural causes.
•
ThisJ.ocal Law does not imply that land outside the area of special flood
hazards or uses permitted within such areas will be free from flooding or
flood damages.
This Local Law , shall not create liability on the part of the
Town of•Mamaroneck, any officer or employee thereof or the Federal Insurance
( Administration, for any flood damages that result from reliance on this
Local Law or any administrative decision lawfully made thereunder.
SECTION 4.0 ADMINISTRATION
4.1 Establishment of Development Permit
A Development Permit shall be obtained before construction or
development begins within any area of special flood hazard established in
Section 3.2 Application for a Development Permit shall be made on forms
furnished by the Town Engineer and may include, but not be limited to; plans
in duplicate drawn to scale showing the nature, location, dimensions, and
elevations of the area in question; , existing or proposed structures, fill,
storage of materials, drainage facilities; and the location of the foregoing.
Specifically, the following information is required:
(1) Elevation in relation to mean sea level, of the lowest floor (including
basement) of all structures.
8
(2) Elevation in relation to mean sea level to which any structure
has been floodproofed;
(3) Certification by a registered professional engineer or architect
that the floodproofing methods for any nonresidential structure meet the
floodproofing criteria in Section 5.2-2; and,
(4) Description of the extent to which any watercourse will be altered or
relocated as a result of proposed development.
4.2 Designation of the Town Engineer
The Town Engineer is hereby appointed to 'administer and
implement thisl;ocal Law -by granting or denying development permit applications
_. in accordance with its provisions.
4.3 Duties and Responsibilities of the Town Engineer
Duties of the Town Engineer shall include, but not be limited to:
4.3-1 ' Permit Review
(1) Review all development permits to determine that the permit
requirements of this Local Law 'have been satisfied.
(2) Review all development permits to determine that all necessary
permits have been obtained from those Federal, State or local governmental
agencies from which prior approval is required.
(3) Review all development permits in the coastal high hazard area of
the area of special flood hazard to determine if the proposed development alters
sand dunes so as to increase potential flood damage.
(4) Review all development permits to determine if the proposed
development is located in the floodway. If located in the floodway, assure that
the encroachmint provisions of Section 5.4(1) are met.
(5) Review plans for walls to be used to enclose below the base
flood level in accordance with Section 5.3-2(4) .
9
4.3-2 Use of Other Base Flood Data
When base flood elevation data has not been provided in accordance
with Section 3.2, Basis for Establishing The Areas of Special Flood Hazard,
the Town Engineer shall obtain, review and reasonably utilize any base flood
elevation data available from a Federal, State or other source, in order to
administer Sections 5.2-1 Specific Standards, Residential Construction, and
5.2-2 Specific Standards, Nonresidential Construction.
4.3-3 Information to Be Obtained and Maintained
(1) Obtain and record the actual elevation (in relation to mean sea
level) of the lowest habitable floor (including basement) of all new or
substantially improved structures, and whether or not the structure
contains a basement.
(2) For all new substantially improved floodproofed structures:
(i) verify and record the actual elevation (in relation to mean sea
{ level) ; and
(ii) maintain the floodproofing certifications required in Section 4. 1(3) .
(3) In coastal high hazard areas, certification shall be obtained from a
registered professional engineer or architect that the provisions of 5.3-2(1)
and 5..3-2(2) (•i) 'and (ii) are met.
(4) Maintain for public inspection all records pertaining, to the
provisions of this Local Law
4.3-4 Alteration of Watercourses
(1) Notify adjacent communities , the Westchester County Department of
Public Works and the New York State Department of Environmental Conservation
prior to any alteration or relocation of a watercourse, and submit evidence
of such notification to the Federal Insurance Administration.
(2) Require that maintenance is provided within the altered or relocated
portion of said watercourse so that the flood carrying capacity is not diminished.
10
4.35 Interpretation of FIRM Boundaries
Make interpretations where needed, as to the exact location of the
boundaries of the areas of special flood hazards (for example, where there
appears to be a conflict between a mapped boundary and actual field conditions) .
The person contesting the location of the boundary shall be given a reasonable
opportunity to appeal the interpretation as provided in Section 4.4
4.4 Variance Procedure
4.4.-1 Appeal Board
(1) The Planning Board as established by the Town of Mamaroneck shall
hear and decide appeals and requests for variances from the requirements of
this Local Law
(2) The Planning Board shall hear and decide appeals when it is alleged
that there is an error in any requirement, decision, or determination made by
the Town Engineer in the enforcement or administration of this Local Law.
(3) Those aggrieved by the decision of the Planning Board, or any taxpayer,
may appeal such decision to the Supreme Court of the State of New York, as
provided in Civil Practice Law and Rules, Article 78.
(4) In passing upon such applications, the Planning Board shall consider all
technical evaluations, all relevant factors, standards specified in other
sections of this Local Law, and: :
(i) the danger that materials may be swept onto other lands to the injury
of others;
(ii) the danger of life and property due to flooding or erosion damage;
(iii) the susceptibility of the proposed facility and its contents to
flood damage and the effect of such damage on the individual owner;
(iv) the importance of the services provided by the proposed facility to the
community;
(v) the necessity to the facility of a waterfront location, where applicable;
(vi) the availability of alternative locations for the proposed use which
11
are not subject to flooding or erosion damage;
(vii) the compatibility of the proposed use with existing and anticipated
development;
(viii) the relationship of the proposed use to the comprehensive plan
and flood plain management program of that area;
(ix) the safety of access to the property in times of flood for ordinary
and emergency vehicles;
(x) the expected heights, velocity, duration, rate of rise, and sediment
transport of the flood waters and the effects of wave action, if applicable,
expected at the site; and,
(xi) the costs of providing governmental services during and after flood
conditions, including maintenance and repair of public utilities and facilities
such as sewer, gas, electrical, and water systems, and streets and bridges.
(5) Upon consideration of the factors of Section4:.4-1(4). and the purposes
of this Local Law : the Planning Board may attach such conditions to the granting
of variances as it deems necessary to further the purpose .,of this Local Law. '
(6) The Town Engineer shall maintain the records of all appeal actions,
including technical information, and report any variances to the Federal
Insurance Administration upon request.
4.4--2 Conditions for Variances
(1) Generally, variances may be issued for new construction and substantial
improvements to be erected on a lot of one-half acre or less in size contiguous
to and surrounded by lots with existing structures constructed below the base
flood level, providing items (i-xi) in Section4.4-1('4)have been fully considered.
As the lot size increases beyond the one-half acre, the technical justification
required for issuing the variance increases.
(2) Variances may be issued for the reconstruction, rehabilitation or restoratio
of structures listed on the National Register of Historic Places or the State
Inventory of Historic Places, without regard to the procedures set forth in the
remainder of this section.
12
(3) Variances shall not be issued within any designated floodway if
any increase in flood levels during the base flood discharge would result.
(4) Variances shall only be issued upon a determination that the variance
is the minimum necessary, considering the flood hazard, to afford relief.
(5) Variances shall only be issued upon:
(i) a showing of good and sufficient cause;
(ii) a determination that failure to grant the variance would result in
exceptional hardship to the applicant; and
(iii) a determination that the granting of a variance will not result
in increased flood heights, additional threats to public safety, extraordinary
public expense, create nuisances, cause fraud on or victimization of the public
as identified in Section4.4_1(4-) or conflict with existing local laws or
ordinances.'
(6) Any applicant to whom a variance is granted shall be given written
notice that the structure will be permitted to be built with a lowest floor
elevation below the base flood elevation and that the cost of flood insurance will
be commensurate with the increased risk resulting from the reduced lowest
floor,elevation.
SECTION 5.0 PROVISIONS FOR FLOOD HAZARD REDUCTION
5.1General Standards
In all areas of special flood hazards the following standards are
required:
5.5-1 Anchoring
(1) All new construction and substantial improvements shall be anchored
to prevent flotation, collapse, or lateral movement of the structure.
5.1-2 Construction Materials and Methods
(1) All new construction and substantial improvements shall be constructed
with materials and utility equipment resistant to flood damage.
13
(2) All new construction and substantial improvements shall be constructed
using. methods and practices that minimize flood damage.
5.1-3 Utilities
(1) All new and replacement water supply systems shall be designed to
minimize or eliminate infiltration of flood waters into the system;
(2) New and replacement sanitary sewage systems shall be designed to
minimize or eliminate infiltration of flood waters intothe systems and discharge
from the systems into flood waters; and
(3) On-site waste disposal systems shall be located to avoid impairment
to. them or contamination from them during flooding.
5.1-4 Subdivision Proposals
(I) All subdivision proposals shall be consistent with the need to minimize
flood damage.;
(2) All subdivision proposals shall have public utilities and facilities
such as sewer, gas, electrical and water systems located and constructed to
minimize flood damage;
(3) All subdivision proposals shall have adequate drainage provided to
reduce exposure to flood damage; and,
(4) Base flood elevation data shall be provided for subdivision proposals
and other proposed development which contain at least 50 lots or 5, acres
(whichever is less).
5.2 Specific Standards
In all areas of special flood hazards where base flood elevation data
have been provided as set forth in Section 3.20, Basis For Establishing the Areas
of Special Flood Hazard or in Section 4.32, Use of Other Base Flood Data, the
following standards are required:
New construction and substantial improvement of any residential
structure shall have the lowest floor, including basement, elevated to or above
base flood elevation.
14
5.2-P Nonresidential Construction
New construction and substantial improvement of any commercial,
industrial or other nonresidential structure shall eithei have the lowest
floor, including basement, elevated to the level of the base flood elevation;
or,
(1) be floodproofed so that below the base flood level the structure
is watertight with walls substantially impermeable to the passage of water;
(2) have structural components capable of resisting hydrostatic and
hydrodynamic loads and effects of bouyancy; and
(3) be certified by a registered professional engineer or architect
that the standards of this subsection are satisifed. Such certifications shall
be provided to the official as set forth in Section. 4.3-3(2) .
5.2_3*
5.3 Coastal High Hazard Area
Coastal high hazard areas (V Zones) are located within the areas
of special flood hazard established in Section 3.2. These areas have special
flood hazards associated with high velocity waters from tidal surges and hurricane
wave wash; therefore, the following provisions shall apply:
5.3-1 Location of Structures
(1) All buildings or structures shall be located landward of the reach of
the mean high tide.
(2) The placement of mobile homes shall be prohibited, except in an
existing mobile home park or mobile home subdivision.
5.3'"2 Construction Methods
(1) Elevation - All buildings or structures shall be elevated so that the
lowest portion of the structural members of the lowest floor is located no lower
than the base flood elevation level, with all space below the lowest floor's
supporting member open so as not to impede the flow of water, except for
breakaway walls as provided for in Section 5.2-3(4) .
15
(2) Structural Support
(i) All buildings or structures shall be securely anchored on pilings
or columns.
(ii) Pilings or columns used as structural support shall be designed
and anchored so as to withstand all applied loads of the base floor. flow.
(iii) There shall be no fill used for structural support.
(3) Certification - Compliance with the provisions of Section 5.32(1)
and 5.3-2(2)(i) and (ii) shall be certified to by a registered professional
engineer or architect.
(4) Space Below The Lowest Floor
(i) Any alteration, repair, reconstruction or improvement to a
structure started after the enactment of this ordinance shall not enclose
the space below the lowest floor unless breakaway walls are used as provided
for in this section.
(ii) Breakaway walls shall be allowed below the base flood elevation
provided they are not a part of the structural support of the building and are
designed so as to breakaway, under abnormally high tides or wave action,
without damage to the structural integrity of the building on which they are
to be used.
(iii) If breakaway walls are utilized, such enclosed space shall not
be used for human habitation.
(iv) Prior to construction, plans for any structure that will have
breakaway walls must be submitted to the Town Engineer for approval.
There shall be no alteration of sand dunes which would increase
potential flood damage.
5.4 Floodways
Located within areas of special flood hazard established in Section
3.2 are areas designated as floodways. Since the floodway is an extremely
hazardous area due to the velocity of flood waters which carry debris, potential
16
projectiles, and erosion potential, the following provisions apply:
(1) Prohibit encroachments, including fill, new construction, substantial
improvements, and other development unless a technical evaluation demonstrates
that encroachments shall not result in any increase in flood levels during the
occurance of the base flood discharge.
(2) If Section 5.4 (1) is satisfied, all new construction and substantial
improvements shall comply with all applicable flood hazard reduction provisions
of Section 5.0 Provisions for Flood Hazard Reduction.
*5.2-3 Mobile Homes
If mobile homes become a permissible use Federal Rules and
and regulations, Title 24 Section 1910.3 (b) 8, (d) (4) , (c) (5) ,
(c) (6) , and (e) (7) shall become applicable.
SECTION 6.0 SEVERABILITY
The invalidity of any article, section, paragraph, sentence, clause or
word of this Local Law shall not invalidate any other article, section, paragraph,
sentence, clause or word thereof.
SECTION 7.0 EFFECTIVE DATE
This Local Law shall take effect immediately.
•
17
ATTACHMENT C
EXTRACT FROM THE MINUTES OF A REGULAR MEETING OF THE
TOWN BOARD OF THE TOWN OF MAMARONECK, HELD JUNE 6,
1979 IN THE AUDITORIUM OF THE WEAVER STREET FIREHOUSE,
WEAVER STREET, TOWN OF MAMARONECK. (MINUTES NOT YET
APPROVED BY TOWN BOARD)
RESOLVED, that this Board hereby authorizes
the Westchester Joint Water Works to install
280 feet of 6-inch water vain on Briarcliff
Road and one hydrant and necessary fittings
and appurtenances at a cost not to exceed
$25,100.
tat of Nilo littrl;
tgauuill of il:frtttrllrtttrr
I Ovum of filaurtrourrlt
III do hereby certify that I have compared the annexed Resolution with the original on file in
I my office, and that the same is a true and correct transcript therefrom and of the whole of the
jj said original Resolution, which was duly passed by the Town Board of the Town cf Mamaro-
neck,a quorum being present,on June F, 1975
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Corporate Sale
of said Town of Mamaroneck,this+1 .?.. ..day of Jt7i.:" , 19 9
Town Clock
r
ATTACHMENT C (cont.)
EXTRACT FROM THE MINUTES JF A REGULAR MEETING OF
THE TOWN BOARD OF TILE TOWN OF MAMARONECK, HELD
JUNE 6, 1979 IN TIIE AUDITORIUM OF THE WEAVER STREET
FIREHOUSE, WEAVER STREE, TOWN OF MAMARONECK.
(MINUTES NOT YET APPROVED BY TOWN BOARD)
RESOLVED, that this Board hereby authorizes
the extension of the existing water main in
West Brookside Drive between Fernwoocl Road
and Lansdowne Drive by installation of 500
feet of 8-inch water main and one hydrant
and necessary fittings and appurtenances,
said main and hydrant to be installed by
the Westchester Joint Water Works at a cost
not to exceed $26,500.
*tate of Neal Vat!:
QLnuntg of 111eotrI Toter tut.:
town of filautarunerk
I do hereby certify that I have compared the annexed Resolution with the original on file in
my office. and that the same is a true and correct transcript therefrom and of the whole of the
said original Resolution, which was duly passed by the Town Board of the Town of Mamaro-
neck, a quorum being present, on June G., 19....7.9
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Corporate Sale
of said Town of Mamaroneck. this 21 k...day of J.uu.e 197.9...
Town Clerk
ATTACHMENT D
Observance of Flag Day
Whereas, on June 14th, 1777, Congress authorized the
first official Flag of the United States,whose
stars and stripes reflect the unity and growth
of our Country,
and
Whereas, June 14th has been officially recognized since
August 3rd, 1949, as Flag Day,
and
Whereas, our national emblem has represented the best
of America's ideals for 202 years -- the in-
spiring symbol of our Founders and countless
patriots and veterans who sacrificed that we
might enjoy the "Blessings of Liberty" ,
Now, Therefore, Be It
Resolved, that we honor our "Stars and Stripes" with
gratitude by observing June 14th, 1979, as
Flag Day in the Town of Mamaroneck.
oseph F. Vandernoot
Supervisor
For the Town Board
Dated: June the 6th, 1979 .
ATTACHMENT E
W h e re a s, the Honorable John M. Perone, who was appointed
a Town Councilman on January 7th, 1978 and sub-
sequently elected to that office in November of that
year, served in this post until his election to the
New York State Assembly in November of 1978,
and
Whereas , during these three years he gave unstintingly of his
time,, talents and abilities to promoting the public
welfare of the Town of Mamaroneck,
and
`'• C ^ _.
' Whereas ,. as arlife-long resident of'the community, his in- '
•nate knowledge of its affairs and absolute dedica-
tion to public service enabled him to play a key -
• role in many vital Town programs including the
provision of a new home for the Volunteer Ambu-
lance Corps, the conduct of flood control studies,
the improvement of parking facilities for apart-
ment house residents, the creation of Committees - " •
• • ; to study solar energy and the Town Manager form
•
of government -- and as co-liaison to the Recrea-
• tion Commission and liaison to the Teen Center,
the establishment of an Ice Rink Study Committee
and a Town of Mamaroneck-Village of Larchmont
Youth Council,
Now, Therefore , Be It
Re s o l v e d, that we, the members of this Board, do hereby -
adopt this resolution to be spread upon the minutes
of this meeting as a public tribute to --
• The Honorable John M. Perone •
and be' it further-
Resolved,
urtherResolved, :that a copy thereof be presented to him with our• '.
- deep appreciation, sincere thanks, and very best
wishes for the future.
03\4 .
••
ti if _,'.:. - Supervisor
••* 11 �'i 1i `
.rOUNUEQ Tine! •l For the Town Board
Dated: June the 6th, 1979 .
ATTACHMENT F
TOWN OF MAMARONECK Mamaroneck, N. Y.
To: Honorable Town Board Date: June 6, 1979
From: Genevieve F. Soriano, Deputy Comptroller
Subject: Fire Claims
The following claims have been submitted to the Comptroller's Office for
payment for the Town of Mamaroneck Fire Department and have been certified
to by Chief Condro:
AAA Emergency Supply Co. $12.50
42.70
B & C Smith, Inc. 68.75
Brewer's Hardware 110.99
Excelsior Garage & Machine Works Inc. 400.93
Exterminating Services Co. 10.78
Exxon Company, USA 242.40
Lou Giacomo Arco 3.00
Grant's 95.00
McGuire Bros., Inc. 22.00
New York Telephone Co. 19.94
398.53
$1,427.52
Will you please approve the above claims as the Board of Fire Commissioners.
APPROVED BY RESOLUTION
OF BOARD OF FIRE COMMISSIONERS
DATE /6//7'�/