HomeMy WebLinkAbout2004_02_11 Town Board Minutes MINUTES OF THE REGULAR MEETING OF THE
TOWN BOARD OF THE TOWN OF MAMARONECK
AND THE BOARD OF FIRE COMMISSIONERS HELD
ON FEBRUARY 11, 2004 AT 8:15 PM IN THE COURT
ROOM OF THE TOWN, 740 W. BOSTON POST ROAD,
MAMARONECK, NEW YORK
PRESENT:
Supervisor Valerie M. O'Keeffe
Councilwoman Phyllis Wittner
Councilwoman Judith A. Myers
Councilman Ernest C. Odierna
Councilwoman Nancy Seligson
ALSO PRESENT:
Patricia A. DiCioccio, Town Clerk
Stephen V. Altieri, Town Administrator
William Maker, Jr., Town Attorney
CALL TO ORDER
The regular meeting of the Town Board was called to order by Supervisor O'Keeffe at
8:25 PM. She then pointed out the location of exits.
The Supervisor said the Board had convened at 5:00 P.M. into a Work Session to
discuss Freshwater Wetlands Law, Hommocks Pool, and Hommocks Conservation
Area. They then convened into an Executive Session to discuss Certiorari and
Personnel.
PUBLIC HEARING - Application for Exemption - Boston Post Road Moratorium
The below notice was entered into the record:
PLEASE TAKE NOTICE, that a Public Hearing will be held by the Town Board of the
Town of Mamaroneck on Wednesday, February 11, 2004 at 8:15 PM, or as soon
thereafter as is possible, in the Court Room of the Town Center, 740 W. Boston Post
Road, Mamaroneck, New York to consider adoption of an "Application of a Hardship
Exemption from the Moratorium Law for Village Square Shopping Center for KRT
Properties."
On motion of Councilwoman Wittner, seconded by Councilwoman Myers, the public
hearing was unanimously opened.
The Town Attorney explained this hearing was to discuss the application for an
exemption from the moratorium on development along the Boston Post Road made by
KRT Properties, also known as Village Square.
Paul Bergins, attorney for KRT Property Holdings, said Village Square had been
operating for 20 years and the retail space in question was available because of the
closing of Pizza & Brew. The potential Ieasors of the space are intending to open a
restaurant with a sports theme named Dingers. It would contain the same square
footage and zoning is the same. He introduced Mr. McSherry and Mr. Bautlit, who are
the owners of the new restaurant, and they are requesting the exemption.
Mr. McSherry said this would be a kid-friendly sports environment offering food and
satellite TV showing sporting events.
The Board questioned the amount of traffic which might be created as children pass
through there to go to Central School.
The owners explained the capacity is for 170 people. There will be a bar with 12 seats
and a party area aimed towards children. They plan to change the facade and put in
February 11, 2004
more lights and change the signage. There was a lot of discussion about making this
very discreet.
Councilwoman Myers asked about the hours of operation. They replied it would be
open for lunch and dinner only, with a menu which is kid oriented.
There was further discussion and it was decided to include a proviso in the resolution
which states there be no change to square footage.
On motion of Councilwoman Wittner, seconded by Councilman Odierna, it was
unanimously
RESOLVED, that this application is a Type II action
as that term is defined in the State Environmental
Quality Review Act of the Town of Mamaroneck
Environmental Quality Review Law; and
BE IT FURTHER,
RESOLVED, that the hardship application by KRT
Properties be hereby approved with the stipulation
that the square footage remain the same.
The above resolution was put to a roll call vote:
Seligson - Aye
Odierna - Aye
Myers - Aye
Wittner - Aye
O'Keeffe - Aye
Public Hearing - Local Law - Re: Rock Removal
The following notice of public hearing was entered into the record:
PLEASE TAKE NOTICE, that a Public Hearing will be held by the Town Board of the
Town of Mamaroneck on Wednesday, February 11, 2004 at 8:15 PM, or as soon
thereafter as is possible, in the Court Room of the Town Center, 740 W. Boston Post
Road, Mamaroneck, New York to consider adoption of a local law entitled "Days and
Hours When Removal of Rock is Prohibited in the Town of Mamaroneck" Law.
The purpose of the local law is to resolve methods, dates and times of rock removal in
the Town of Mamaroneck.
On motion of Councilwoman Wittner, seconded by Councilwoman Seligson, the
public hearing was unanimously opened.
The Town Attorney explained the law and the history of its many versions.
The Supervisor asked if anyone wished to speak in favor of or against the proposed
law.
Councilman Odierna commented that the Town Board had been talking about this law
for a long time. It seems to be now well balanced between the home owners and
neighborhood.
Councilwoman Wittner agreed, saying this law had been agonized over and now
seems to have a good balance.
Councilwoman Myers also agreed and added her thanks to the residents who have
addressed the Board on this issue. As a result, neighbors will receive notification
before work begins.
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February 11, 2004
Councilwoman Seligson said she was proud of this law, recognizing the need to
balance the protection of landowners while protecting the peacefulness of the
community.
Supervisor O'Keeffe stated this law strikes a good balance and endorsed its passage.
On motion of Councilwoman Wittner, seconded by Councilwoman Myers, the public
hearing was closed unanimously.
On motion of Councilwoman Wittner, seconded by Councilwoman Seligson, it
was
RESOLVED, that the Town Board finds that the
adoption of the proposed local laws will constitute a
Type II action under the New York State
Environmental Quality Review Act (SEQRA); and
BE IT FURTHER
RESOLVED, that the Town Board hereby declares
itself to be lead agency with respect to the proposed
action.
The above resolution was put to a roll call vote:
Seligson - Aye
Odierna - Aye
Myers - Aye
Wittner - Aye
O'Keeffe - Aye
On motion of Councilwoman Wittner, seconded by Councilman Odierna, the
ensuing local law was adopted
Local Law No. 2 -2004
This local law shall be known as the "Days and Hours When Removal of Rock is
Permitted in Residence Districts and the Recreation District of the Town of
Mamaroneck" Law.
BE IT ENACTED by the Town Board of the Town of Mamaroneck as follows:
Section 1 - Purpose.
The noise connected with the removal of rock by mechanical means, commonly
referred to as "chipping", has become a cause of concern in the Town of
Mamaroneck. Too often the peace and quiet of the residential neighborhoods of
the Town is being disturbed by the continuous, incessant sounds of drills and
machinery boring into bedrock and vehicles being loaded with and then leaving
sites with excavated rock only to return later in the day to resume the process.
Chipping has been known to occur on all seven days of the week and in the
morning and evening hours. Though recognizing that rock removal is often
necessary in order for landowners to develop or improve their homes and
properties, the Town Board has determined that there must be greater control
on rock removal to insure the tranquility of the Town's residential
neighborhoods. The Town Board recognizes, however, that those controls
must be balanced against the right of owners to develop or improve their
homes and properties. This law is an attempt to strike that balance.
Section 2 -Addition of a New Section to the Code of the Town of Mamaroneck
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February 11, 2004
The Code of the Town of Mamaroneck hereby is amended to add to it the
following new section:
"§ 106-56. Duration and Hours for Mechanical Rock Removal.
A. For the purpose of this section:
(1) "Mechanical means" means the use of any tools that are not operated
solely by human muscular power. Explosives and the tools used in connection
therewith shall not be considered "mechanical means".
(2) "Original construction" means structures, streets and lines, pipes,
culverts and conduits for transporting potable water, storm water, sewage and
utilities such as gas, telephone, electricity, cable television and internet service
that are built on land subdivided after February 1, 2004 if the subdivision plat
creating the lots in that subdivision also created one or more new private or
public streets or created extensions to any existing private or public street. A
structure satisfying the definition of'original construction" will no longer be
considered original construction once a certificate of completion, a letter of
compliance or a certificate of occupancy (permanent or temporary) has been
issued for any structure built on the lot where the structure is located.
(3) "Permit" means a building, plumbing, wetlands, street opening or erosion
and sediment control permit.
(4) In addition to natural stone, "rock" includes impervious concretions
created by humans such as macadam, concrete and bricks.
(5) "Rock removal permit" means a permit issued after the date on
which rock removal by mechanical means no longer is allowed to be done
pursuant to a previously issued permit.
(6) "Subject property" means the lot for which a permit or a rock
removal permit has been issued.
B. Removal of rock by mechanical means or by explosives shall not be
permitted in any Residence District or in the Recreation District of the Town of
Mamaroneck:
(1) On Saturdays;
(2) On Sundays;
(3) On the public holidays listed in section 24 of the New York General
Construction Law; or
(4) Before 9:00 AM (prevailing time) or after 6:00 PM (prevailing time) on
weekdays which are not public holidays listed in section 24 of the New York
General Construction Law.
C. (1) Before any rock is removed by mechanical means, the following notice
shall be mailed to the owners of each lot that has a lot line lying within 75 feet
of any lot line of the Subject Property and an affidavit attesting to that mailing
shall be filed with the official who issued the permit or the rock removal permit.
"Dear Neighbor,
Removal of rock from the property known as
[INSERT STREET ADDRESS OR THE LOCATION OF THE PROPERTY IF IT HAS
NO STREET ADDRESS] by mechanical means, such as drills,jackhammers and
other types of gas, diesel or electric powered equipment is about to begin.
For further information, please contact [INSERT THE NAME OF THE OWNER OR
THE PERSON IN CHARGE OF THE PROJECT] at the following phone number:
[INSERT CURRENT TELEPHONE NUMBER OF THE PERSON WHOSE NAME
APPEARS ABOVE].
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February 11, 2004
Very truly yours,
[SIGNATURE OF OWNER]
[PRINT NAME OF THE OWNER]"
The affidavit required to be filed shall be made by the owner of the Subject
Property.
(2) Failure to mail the notice required by section 106-56 (C)(1) or to file the
affidavit required by section 106-56 (C)(1) prior to commencing rock removal by
mechanical means shall constitute a violation of this section by the owner of
the Subject Property. Such violation shall be punishable by a fine of not more
than $250.00 or 15 days in jail, or both. The owner of the Subject Property also
shall be liable for the civil penalty imposed by section 106-52 C of the Code.
Reliance upon someone else to mail the notice or to file the affidavit shall not
be a defense in any prosecution of a violation of section 106-56 (C)(1).
D. Each application for a permit for work to be done in any Residence
District or in the Recreation District of the Town of Mamaroneck shall be
accompanied by a calculation of the total amount of cubic feet that will be
disturbed by the work for which the permit is being requested. Where such
work involves disturbing more than 2,000 cubic feet, rock removal by
mechanical means shall be allowed only for the 90 days immediately following
the date of the permit. The permit shall contain the date after which rock
removal by mechanical means no longer will be allowed to be done pursuant to
that permit. It shall be a violation of this law for rock to be removed by
mechanical means after the date specified in such permit unless a rock removal
permit is issued by the Director of Building Code Enforcement and Land Use
Administration. This paragraph shall not apply to original construction.
E. For original construction, rock removal by mechanical means shall be
allowed only for the 180 days immediately following the date of the erosion and
sediment control permit. That permit shall contain the date after which rock
removal by mechanical means no longer will be allowed to be done pursuant
thereto. It shall be a violation of this law for rock to be removed by mechanical
means after the date specified in such permit unless a rock removal permit is
issued by the Director of Building Code Enforcement and Land Use
Administration.
F. No rock removal permit shall be issued for any property earlier than 30
days after the date on which the authority to remove rock by mechanical means
pursuant to a prior permit or a prior rock removal permit shall have expired. A
rock removal permit shall authorize rock removal by mechanical means for the
90 days immediately following the date of that permit. The rock removal permit
shall contain the date after which rock removal by mechanical means no longer
will be allowed to be done pursuant to that permit. It shall be a violation of this
law for rock to be removed by mechanical means after the date specified in a
rock removal permit unless another rock removal permit is issued by the
Director of Building Code Enforcement and Land Use Administration.
G. Any person who violates this section shall be guilty of a violation which
shall be punishable by a fine of not more than $250.00 or 15 days in jail, or both
and also shall be liable for the civil penalty imposed by section 106-52 C of the
Code. Each use of mechanical means to remove rock on a day or at an hour
when such removal is prohibited by this section shall constitute a separate
offense.
H. This section shall not apply to the removal of rock which is excavated
without first being reduced in size.
I. This section shall not apply to public utility companies, the United States
of America, the State of New York, the County of Westchester, the Town of
Mamaroneck, the Mamaroneck Union Free School District, the Villages of
Larchmont, Mamaroneck or Scarsdale or any independent contractors engaged
by any of them.
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February 11, 2004
Section 3 -Amendment to an Existing Section of the Code of the Town of
Mamaroneck
The Code of the Town of Mamaroneck hereby is amended to add the following
provision to section A250-1 A.
Code Subject Fee or
Section Deposit
§106.56 Rock removal
permit application $ 50.00
Second rock removal
permit application for
the same lot $ 75.00
Each additional
rock removal permit
application for the
same lot $100.00
Section 4 - Severability
Should any court of competent jurisdiction declare any provision of this Local
Law invalid or unconstitutional, such declaration of unconstitutionality or
invalidity shall not affect any other provisions of this Local Law, which may be
implemented without the invalid or unconstitutional provisions.
Section 5 - Effective Date
This Local Law shall become effective on the date that it is filed in the office of
the Secretary of State.
BOARD OF FIRE COMMISSIONERS
The meeting was called to order by Commissioner O'Keeffe.
Present were the following members of the Commission:
Commissioner: Valerie M. O'Keeffe
Commissioner: Phyllis Wittner
Commissioner: Judith A. Myers
Commissioner: Ernest C. Odierna
Commissioner: Nancy Seligson
1. Fire Claims
Commissioner Wittner presented fire claims for authorization of payment, thereafter on
Commissioner Wittner's motion, seconded by Commissioner Myers, it was
RESOLVED, that this Commission hereby
authorizes payment of the following Fire
Department claims as approved by the Fire
Chief and audited by the Comptroller's Office
as amended:
AAA Emergency Supply Co. $416.62
AAA Emergency Supply Co. 45.00
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February 11, 2004
AAA Emergency Supply Co. 320.40
AAA Emergency Supply Co. 47.40
AAA Emergency Supply Co. 100.25
AT&T 231.51
Avaya 51.89
Edwin Byrnes 85.00
Edwin Byrnes 72.00
Community Fire Equipment 521.00
ESS Inc. 289.50,
Excelsior Garage & Machine Works, Inc. 1938.09
Excelsior Garage & Machine Works, Inc. 222.37
Fire Academy FSA 78.75
Jennifer Mirabella 140.00
IOS Capital 117.35
Nextel 443.49
NFPA 135.00
Poland Spring 78.41
Pronto Printer 108.02
Redwood Nursery 120.00
R&L Consulting 78.56
R&L Consulting 295.00
Rickert Lock & Safe Co. 114.95
Tri-City Auto Parts 132.58
Verizon 386.33
Verizon Wireless $13.15
Westchester Elevator 170.00
Westchester Joint Water Works 110.00
911 Wear Inc. 184.98
TOTAL 7 047.60
There being no further business to come before the Commission, on motion of
Commissioner Odierna, seconded by Commissioner Myers, the Commission
unanimously adjourned at 9:10 PM.
AFFAIRS OF THE TOWN
1. Appointment - Planning Board
On motion of Supervisor O'Keeffe, seconded by Councilwoman Wittner, it was
RESOLVED, that the Town Board does hereby appoint
John A. Ortiz to the (member c) position of Planning
Board member, effective immediately, expiring December
31, 2010; and
BE IT FURTHER,
RESOLVED, that the appointment be contingent upon
John Ortriz resigning his position as Alternate Member of
the Planning Board and his execution of oath office with
30 days of said appointment.
2. Authorization - Computer Support Services Agreement
The Administrator said this agreement was held over from the last meeting to allow for
a change to how the Village of Larchmont would share computer services with us. It
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February 11, 2004
has now been agreed that every month the Town will bill the Village $90 per actual hour
that the consultant spends there. He outlined the contract for DB Systems for the year
2004, which will cost $8,300 per month for their computer support service.
Councilman Odierna said it sounds expensive considering you could hire a full time
computer expert for less.
Mr. Altieri answered that this contract gives us an entire firm; therefore, we don't have
to worry about vacations and sick time. This firm is available to us all the time.
Following discussion, on motion of Councilwoman Wittner, seconded by
Councilman Odierna, it was
RESOLVED, that the Town Board does hereby approve
the Agreement for Computer Support Services with DB
Systems in the amount of$8,300.00 per month, and an
additional $90 per hour for special projects; and
BE IT FURTHER,
RESOLVED, that the Town Administrator be authorized to
execute said agreement on behalf of the Town.
The above resolution was put to a roll call vote:
Seligson - Aye
Odierna - Aye
Myers - Aye
Wittner - Aye
O'Keeffe - Aye
Authorization - Needs Analysis - Geographic Information System
The Administrator said this would allow for a needs analysis to be conducted involving
both the Town and the Village of Mamaroneck in regards to mapping and the plotting of
data such as sewer lines, streets, storm drains, etc. The County is proposing to
conduct the analysis for both municipalities. The cost of this would be $11,000, with
the Town's share being $6,000. In order to accomplish this, we need to authorize this
execution of agreement.
The Board then discussed the varying mapping aspects as well as the application of
digitized mapping and its uses.
On motion of Councilwoman Myers, seconded by Councilwoman Seligson, it was
RESOLVED, that the Town Board does hereby authorize
the expenditure of$6,000 for a needs analysis to be
conducted by the County of Westchester in conjunction
with the Village of Mamaroneck; and
BE IT FURTHER,
RESOLVED, that the Town Administrator is hereby
authorized to execute said agreement on behalf of the
Town.
The above resolution was put to a roll call vote:
Seligson - Aye
Odierna - Aye
Myers - Aye
Wittner - Aye
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February 11, 2004
O'Keeffe - Aye
4. Authorization - Certiorari
The Attorney explained and recommended approval of the certiorari.
On motion of Councilwoman Seligson, seconded by Councilwoman Myers, it was
RESOLVED, that the Town Board hereby authorizes
the settlement of the following tax certiorari on the
following terms:
Vermillion Building Corp.
2 Washington Square
Larchmont, NY
Block: 133 Lot: 599
Town of Mamaroneck
Year Assessment Amount of Reduction Reduced Assessment
2000 $223,000 $53,000. $170,000
2001 $223,000 $78,000. $145,000
2002 $223,000 $98,000. $125,000
2003 $223,000 $103,000. $120,000
The Town will refund about $60,000. The school will refund $155,000.
The above resolution was put to a roll call vote:
Seligson - Aye
Odierna - Aye
Myers - Aye
Wittner - Aye
O'Keeffe - Aye
Authorization - Transfer for Funds - Sidewalks, Curbs & Road Resurfacing
On motion of Councilman Odierna, seconded by Councilwoman Wittner, it was
RESOLVED, that the Town Board hereby authorizes the
Comptroller to appropriate $24,618.73 OF Highway Fund
Surplus Funds and transfer to the Capital Fund for the
following projects:
Project#22-04 - Sidewalks & Curbs $21,471.54
Project#22-05 - Road Resurfacing $ 3,147.19
The above resolution was put to a roll call vote:
Seligson - Aye
Odierna - Aye
Myers - Aye
Wittner - - Aye
O'Keeffe - Aye
Salary Authorizations - Highway Department
Ambulance District
Recreation Department
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February 11, 2004
Crossing Guard
Highway Department
On motion of Councilwoman Wittner, seconded by Councilwoman Seligson, it
was
RESOLVED, that the Town Board does hereby
authorize the appointment and the payment of salary
to Michael Pinto in the amount of$53,035, and an
annual stipend of 3,500, effective February 17, 2004
for his services as Lead Mechanic.
The above resolution was put to a roll call vote:
Seligson - Aye
Odierna - Aye
Myers - Aye
Wittner - Aye
O'Keeffe - Aye
Ambulance District
On motion of Councilwoman Wittner, seconded by Councilman Odierna, it was
RESOLVED, that the Town Board does hereby
authorize the appointment of Mark Baumblatt as a per
diem paramedic effective February 12, 2004 at an
hourly rate of$22.
The above resolution was put to a roll call vote:
Seligson - Aye
Odierna - Aye
Myers - Aye
Wittner - - Aye
O'Keeffe - Aye
Recreation Department
On motion of Councilwoman Wittner, seconded by Councilwoman Myers, it was
RESOLVED, that as provided for in the 2004 Town
Budget the Town Board does hereby authorize the
payment of salary to the following:
Cindy Coppolla, Head Instructor, Dolphins Pre Swim Team, $1000/season
(February 2, to March 24).
Liz Linsalato, Lifeguard, Early Morning Swim, $25/Session, retroactive to
1/10/04.
The above resolution was put to a roll call vote:
Seligson - Aye
Odierna - Aye
Myers - Aye
Wittner - - Aye
O'Keeffe - Aye
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February 11, 2004
Crossing Guard
The Administrator explained that the Crossing Guards had requested an
increase to the daily salary. We are suggesting an increase of$3 per day, plus
two additional sick days per year and a $200 increase to their Prescription
allowance. Following discussion, on motion of Councilwoman Wittner,
seconded by Councilwoman Seligson, it was
RESOLVED, that the Town Board does hereby
authorize the increase in benefits to school crossing
guards as follows:
• an increase of$3 per day in salary
• two (2)additional sick days per year
• $200 increase to their Prescription allowance
payment
The above resolution was put to a roll call vote:
Seligson - Aye
Odierna - Aye
Myers - Aye
Wittner - Aye
O'Keeffe - Aye
APPROVAL OF MINUTES - November 19, 2003, December 3, 2003, January 12, 2004
Special Meeting
On motion of Councilwoman Seligson, seconded by Councilwoman Wittner, it was
RESOLVED, that the Town Board does hereby approve
the minutes January 12, 2004 (special meeting) as
amended and deferred approval of the minutes from
November 19, 2003, and December 3, 2003.
The above resolution was put to a roll call vote:
Seligson - Aye
Odierna - Aye
Myers - Aye
Wittner - - Aye
O'Keeffe - Aye
SUPERVISOR REPORTS
Supervisor O'Keeffe said there would be a special meeting of the Town Board
tomorrow night to discuss the Forest City Daly project. Everyone is invited and all
comments welcomed.
She said if anyone sees potholes to please report them to the Town Highway
Department at 381-7825.
REPORTS OF THE COUNCIL
Councilwoman Seligson said there was a meeting held on February 2nd on the Colonial
Greenway Loop Project. A representative from Albany came down to talk about grant
money being available. The Greenway Project is to create a 16-mile trail loop by
connecting the existing trails in the Town, Larchmont, and New Rochelle. She attended
and spoke at Career Day at the Hommocks.
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February 11, 2004
Councilwoman Myers attended a Board of Architectural Review Meeting where there
were further discussions on the Duane Reade and Webster Bank project at the former
Cook's site. There was a Cable TV Board of Control where they worked on the new
franchise agreement. She urged everyone to submit comments regarding the service
either by e-mail or regular mail. The Youth Council will be meeting tomorrow.
Councilman Odierna went to a Recreation Meeting. On March 7, from 6 to 8 PM, there
will be family ice skating for free at the ice rink, which is being sponsored by the PBA.
There is currently a Build a Snow Man Contest at the Recreation Department. Send
pictures of your creations to them. This is being sponsored by Dunkin Donuts.
Councilwoman Wittner and the Town of Mamaroneck and Village of Larchmont Boards
attended a Larchmont Library Budget meeting. They have some hard decisions to
make on their budget. She said their budget is funded by the Town, which pays 58
percent, and the Village of Larchmont, which pays 42 percent.
Supervisor O'Keeffe congratulated Joe Vandernoot, former Supervisor, on his recent
wedding anniversary. It was their 72nd anniversary. They are in their 90's and look
great.
She announced the next meeting will be held on February 25, 2004.
ADJOURNMENT
She then announced the Board was closing this meeting on a sad note because of the
death of Richard Conlan, Founder of VAC, 20 year member of the Recreation
Commission, many years as the Chair. He was a financial advisor, long time
Larchmont resident, a husband and father. He will be missed by us, and we send our
condolences to his wife Denise and two daughters. He also had a son who pre-
deceased him.
On motion made and duly seconded, the meeting was adjourned in honor and memory
of Richard Conlan.
Submitted by
Patricia A. DiCioccio, Town Clerk
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