HomeMy WebLinkAbout2006_05_17 Town Board Minutes
May 17, 2006
MINUTES OF THE REGULAR MEETING OF THE TOWN BOARD OF
THE TOWN OF MAMARONECK HELD ON MAY 17, 2006 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
Councilman Ernest C. Odierna
Councilwoman Nancy Seligson
Councilman Paul A. Winick
ALSO PRESENT:
Patricia A. DiCioccio, Town Clerk
Stephen V. Altieri, Town Administrator
William Maker, Jr., Town Attorney
Christina Battalia, Deputy Town Clerk
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 meeting was opened with the singing of America the Beautiful by Tony Marcella followed
by Taps played in honor of Peter Kane.
PRESENTATIONS
Rachel Pian – Environmental Sensitivity of Coli form in the Long Island Sound
Ms. Pian, a Yorktown High School senior and third place winner in the International
Environmental Science Fair, presented to the Board her study on Coli form in the Long Island
Sound. Her study indicated that Coli forms were not good indicators of E. Coli because their
sensitivity to increases in temperature.
The presentation was well received. The members of the board praised her for her
accomplishments. Councilwoman Seligson encouraged her to make her presentation to the
Westchester County Department of Health.
Jan Northrup – Kemper Memorial
Jan Northrup, President of the Larchmont Historical Society, introduced Bill Byrne. Mr. Byrne
explained the significance of the Gold and Blue Star Banner and how they were used. Mr.
Byrne explained that families hung from their windows banners with a blue star representing
each soldier. If a son died at war the family would hang a Gold Star Banner. There were 99
soldiers who died during WW II from the Town of Mamaroneck and the Villages of Larchmont
and Mamaroneck. Mr. Byrne then introduced Tom Amlicke, former Town Councilman, who
had the following presentation.
It is with great pleasure that I make this presentation to the Town
Board honoring the Kane Family. I was asked to do this by the Kemper
Memorial Park Preservation Foundation.
Bill Byrne has already explained to you the significance of the Gold
and Blue Star Banners. These banners were hung in the windows of the
homes of those that were serving their country. The gold of these
banners was to heighten community awareness of each family’s
commitment to the war.
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May 17, 2006
The Peter Kane family had six stars in the window of their home.
Three sons were in the Navy and three were in the Army. Five survived
the WW II conflict and one died. Six stars in one family is an
exceptionally high number. However, it was not uncommon in our
community to see 2,3 and even 4 stars in a window of other homes.
Let me give you some background about the Kane family . This
information was obtained by Jan Northrup. The Kane family was one of
the oldest families in Larchmont. Thomas Kane came to America from
Ireland in the early 1830’s at the age of 15. After doing well in business in
NYC he purchased in 1876 50 acres of Larchmont property west of Beach
Ave and below the Post Road. In 1890 Thomas Kane had the 50 acres
surveyed and plots were laid out. This development was known as
Woodbine Park.
His son, Michael Kane, who was one of the those involved in early
discussions about the ‘advisability’ of establishing a village government
in April 1891.
Through the years, the Kane family remained in Larchmont and the
1930 census lists the Peter F. Kane family ( sons, Peter, Vincent, John,
Charles, Paul and Joseph and daughter) as residing at 21 Oak Avenue,
one of the homes built by Thomas Kane in the early 1890’s. Kane Avenue
is named after this founding family.
Tragically, their third son, Lt. Joseph E. Kane, was killed when his
bomber crashed as it came in for a landing in San Diego, California. He
left behind his pregnant wife, who was also from Larchmont, and a year
old son. Lt. Kane had successfully flown 37 combat missions and was
awarded the Distinguished Flying Cross three times. He was attached to
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the Navy’s 14 Air Group which fought in every major engagement in the
Pacific Theater from May to November 1944.
The eldest son, Peter F. Kane, was commended by Secretary of the
Navy Frank Knox for his bravery and lifesaving feats after the torpedoing
of an American merchant ship. To show you what a small world this is,
my wife’s father, Lt. Commander Orlo Clark, served as a surgeon on the
SS Cape Bon, which was a troop carrier in the Pacific Theater. Guess
who his commanding officer was, Peter Kane. When we first moved to
Larchmont we arranged for Susan’s father and Peter Kane to meet at our
house.
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After the war, Vincent, worked at the Larchmont Post Office, John
was a florist and Charles worked in the Town of Mamaroneck’s Tax
Assessor’s Office. Paul was the one son who left the area after marrying
a Larchmont girl. His company transferred them to Atlanta, Georgia,
where they raised their family.
Peter Kane was an active member of the Larchmont Yacht Club and
served as Village of Larchmont Trustee, Mamaroneck Town Councilman
and Town of Mamaroneck Supervisor from 1966 to 1968. He died from a
fatal heart attack while serving as Supervisor. He raised his family of five
( Joan, Peter, Kathleen, Michael and Joseph) in Larchmont and lived in
theChatsworth Garden Apartments, at 29 Bonnett Avenue and, later, at 56
Park Avenue. His eldest son, Peter F. Kane, owned PK’s Pub until very
recently when it became the Watercolor Café.
On behalf of the Kemper Memorial Park Preservation Fund, I would
like to present to the Town of Mamaroneck a Blue Star Banner to honor
Peter, Vincent, John, Charles and Paul for their service to their country in
WW II and a Gold Star Banner to Lt. Joseph E. Kane, who made the
ultimate sacrifice.
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May 17, 2006
The Kane family represents not only Larchmont’s history from its earliest
days through the twentieth century, but also Larchmont’s incredible and
outstanding commitment to WW II and its fight for freedom. Imagine
having six sons serving at the same time! The citizens of the Town of
Mamaroneck are in debt to this family as they are in debt to all of those in
our community who choose to serve in the armed forces.
Students For No Air Pollution (SNAP)
Students for No Air Pollution (SNAP) is a student led initiative spearheaded by the
9 officers of the Federated Conservationists of Westchester County (FCWC)’s
Westchester Environmental Student Council. The student officers represent
Mamaroneck, White Plains, Katonah/Lewisboro, North Castle and Scarsdale.
Their Coordinator is Adiel Gavish, of FCWC.
Lilly Corenthal, Chiaki Kurihara and Scott Schnur, Mamaroneck High School
students and SNAP officers, spoke about air pollution, specifically about reducing
diesel fuel emissions emitted from idling buses.
Ms. Corenthal said she spoke with Dr. Fried, Superintendent of Mamaroneck
Schools as well as Dr. Grucci, assistant Superintendent of Operation. Their
discussion focused on the elimination of Nitrogen Oxide and particular matter in
the air on school buses.
Ms. Kurihara added that a Yale research study found that levels of particular
matter as well as Nitrogen Oxide were significantly higher inside the school buses
than there was outside the school buses. Findings show that by removing sulfur
from diesel fuel you can help to clean up the air inside the school buses.
Mr. Schnur spoke about proposals to install filters on school buses, stating that
these filters reduce emissions by 90%. He added that emissions can be reduced
by creating no idling zones. The presenters emphasized the need for stricter laws
and more enforcement. The presenters also encouraged municipalities to contact
various agencies for further information and funding opportunities, specifically
www. Epa.gov./ofag/retrofit and NorthEastdiesel.org/funding.htm.
Councilwoman Seligson informed the presenters that the Town of Mamaroneck
had already passed a no-idling law.
PUBLIC HEARINGS
Public Hearing -Special Permit Hearing – Forest City Residential, LLP
Adjourned March 5, 2006, April 5, 2006
April 18, 2006 & May 3, 2006
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,
May 17, 2006 at 7:30 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 a Special Permit
Application - Forest City Residential , LLC.
On motion of Councilwoman Wittner, seconded by Councilman Winick, the Public Hearing was
unanimously opened
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May 17, 2006
Mr. Maker explained that Mr. Tung, representing Forest City Residential, was here
this evening to discuss proposed increases in the cost of the parking garage and
proposed changes to the residential unit.
Mr. Tung, representing Forest City Residential, LLP, addressed the board, stating
that cost increases to the parking deck of approximately 1-1.2 million were based
on soil tests conducted at the site, as well as an increase in current construction
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costs. Forest City Residential is proposing to add an 8 story to the building as
well as increasing the size of each unit. Mr. Tung stated that Forest City
Residential, LLP was still agreeing to build the garage but that the proposed
changes were needed to help off set the cost increases of the parking garage.
There was discussion regarding the amount of designated parking spaces as
well as the amount of 1 to 2 bedroom units.
Mr. Maker stated that if the Board wanted to entertain these proposed changes
then a referral needed to be made to the Planning Board followed by a Public
Hearing.
On motion of Councilman Odierna, seconded by Councilman Winick, it was
RESOLVED, that the Mamaroneck Town Board does hereby
refer the petition by Forest City Residential, LLP to amend the
BMUB Zone to the Planning Board for comment and review.
The above resolution was put to a roll call vote:
Winick - Aye
Seligson - Aye
Odierna - Aye
Wittner - Aye
O’Keeffe - Aye
Mr. Maker advised the board that they could set a Public Hearing in
anticipation of the Zoning and Planning Boards reporting back to the Town
Board.
On motion of Councilwoman Wittner, seconded by Councilman
Odierna, it was
RESOLVED, that the Town Board does hereby set the
date for public hearing on request for an Amendment to
the BMUB Zone by Forest City Residential, LLP for June
21, 2006; and
BE IT FURTHER,
RESOLVED, that the Town Clerk is hereby authorized to
publish the notice of said hearing in a newspaper
appointed as an official newspaper, and that said notice
be posted.
The above resolution was put to a roll call vote:
Winick - Aye
Seligson - Aye
Odierna - Aye
Wittner - Aye
O’Keeffe - Aye
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May 17, 2006
On motion of Councilman Winick, seconded by Councilwoman Seligson, the Public Hearing -
Special Permit Application – Forest City residential. LLP was adjourned to June 21, 2006.
The above resolution was put to a roll call vote:
Winick - Aye
Seligson - Aye
Odierna - Aye
Wittner - Aye
O’Keeffe - Aye
Public Hearing - Delegation of Authority – Emergency Parking
PLEASE TAKE NOTICE, that a Public Hearing will be held by
the Town Board of the Town of Mamaroneck on Wednesday,
May 17, 2006 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 the adoption of a local law
entitled “Expanding Emergency Powers of Police during the
U.S Golf Open”
On motion of Councilwoman Seligson, seconded by councilman Winick, the hearing was
unanimously opened.
The Supervisor asked if anyone wished to speak on this matter.
There being no public comment;
On motion of Councilman Winick, seconded by Councilwoman Seligson, the hearing was
unanimously closed.
On motion of Councilwoman Wittner, seconded by Councilman Odierna, the following
was unanimously adopted
RESOLVED, that the Town Board hereby declares the adoption
of the proposed local law regarding Parking Restrictions within
the vicinity of the Winged Foot Golf Club to be an Unlisted
Action with no impact under the New York State Environmental
Quality Review Act (SEQRA)
On motion of Councilwoman Seligson, seconded by councilwoman Wittner, the following was
adopted:
Local Law No. 9 - 2006
This local law shall be known as the “First Amendment to Local Law No. 7 -
2006 entitled ‘Parking Restrictions from June 12, 2006 to June 19, 2006 between
the hours of 6:00 A.M to 6:00 P.M. (prevailing time) within the vicinity of the
Winged Foot Golf Club’ ” Law.
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May 17, 2006
BE IT ENACTED by the Town Board of the Town of Mamaroneck
Section 1 – Purpose:
On May 3, 2006 the Town Board adopted Local Law No. 7 - 2006 which prohibits
parking, standing and stopping within the vicinity of Winged Foot Golf Club
from June 12, 2006 to and including June 19, 2006 between the hours of 6:00
A.M. to 6:00 P.M. (prevailing time) to insure the free flow of traffic and minimize
disturbance to residents while the U.S. Open golf tournament is being played at
the Winged Foot Golf Club. The Police Department has advised the Town Board
that in order to accomplish the goal of the local law, it requires the flexibility to
determine, while the U.S. Open golf tournament is underway, whether parking,
standing and stopping of motor vehicles also should be prohibited on streets
not listed in Local Law No. 7 - 2006. By this local law, the Town Board is
exercising its power under section 1603 (e) of the New York Vehicle and Traffic
Law to delegate its power to regulate parking, standing and stopping on streets
not mentioned in Local Law No. 7 - 2006 to the Chief of Police or the Police
Chief’s designee.
Section 2 - Amendment of an existing local law:
Local Law No. 7 – 2006 hereby is amended by repealing section 5 thereof,
renumbering sections 6, 7 and 8 thereof to sections 7, 8 and 9, respectively and
by adding a new section 5 and a new section 6 which provide as follows:
“Section 5 --- Delegation of the Power to prohibit Parking, Standing and
Stopping on additional roads from June 12, 2006 to June 19, 2006:
From June 12, 2006 through and including June 19, 2006, the Police Chief of the
Town of Mamaroneck or the Chief’s designee shall have the power to prohibit,
restrict or limit the parking, standing or stopping of motor vehicles and/or the
picking-up and discharging of people by motor vehicles on any street in the
unincorporated area of the Town of Mamaroneck between the hours of 6:00 A.M.
to 6:00 P.M. (prevailing time).
“Section 6 --- Signs to be erected.
Appropriate temporary signs shall be posted in locations designated by the
Town Administrator, the Chief of Police or their designees.”
Section 3. – Severability:
Should any provision of this Local Law be declared invalid or unconstitutional
by any court of competent jurisdiction, 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 4. Effective Date:
This Local Law shall take effect immediately upon filing with the Secretary of
State.
The above resolution was put to a roll call vote:
Winick - Aye
Seligson - Aye
Odierna - Aye
Wittner - Aye
O’Keeffe - Aye
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May 17, 2006
AFFAIRS OF THE TOWN
1. Set Public Hearing – Designation of Parking Space – Fire Chief
On motion of Councilwoman Wittner, seconded by Councilwoman Seligson, it was
RESOLVED, that the Town Board does hereby set the
date for public hearing on Designation of Parking
Space – Fire Chief for June 21, 2006; and
BE IT FURTHER,
RESOLVED, that the Town Clerk is hereby authorized to
publish the notice of said hearing in a newspaper
appointed as an official newspaper, and that said notice
be posted.
2. Set Public Hearing – Second Amendment – Local Law No. 7 – 2006 – Parking
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Restrictions June 12 – June 19.
RESOLVED, that the Town Board does hereby set the
date for public hearing on Second Amendment to Local
Law No. 7-2006 for June 7, 2006; and
BE IT FURTHER,
RESOLVED, that the Town Clerk is hereby authorized to
publish the notice of said hearing in a newspaper
appointed as an official newspaper, and that said notice
be posted.
3. Referral to Town Planning Board – Petition to Amend BMUB Zone
The following item was discussed above under Special Permit Hearing – Forest City
Residential.
4. Authorization – Appraisal Services
This item was held over for discussion to the Board’s next Executive Session.
5. Authorization – US Open Agreement
On motion of Councilwoman Wittner, seconded by Councilman Odierna, it was
RESOLVED, that the Mamaroneck Town Board does hereby
approve the agreement between the Town of Mamaroneck and
the United States Golf Association for services to be provided
by different Town Departments including Police, Fire,
Ambulance, Building Dept. and Highway Dept for the US Golf
Open from June 12 to June 18, 2006.
BE IT, FURTHER,
RESOLVED, that the Mamaroneck Town Board does hereby
authorize the Town Administrator, Stephen V. Altieri, to
execute said agreement on behalf of the Town.
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May 17, 2006
The above resolution was put to a roll call vote:
Winick - Aye
Seligson - Aye
Odierna - Aye
Wittner - Aye
O’Keeffe - Aye
6. Approval of Certiorari
On motion of Councilman Odierna, seconded by Councilwoman Seligson, it was
RESOLVED, that the Town Board does hereby authorizes the
settlement of tax certiorari on the following terms, as
recommended by the Town Attorney:
Elbill Company
114 West Boston Road
Mamaroneck, NY 10543
Block 913, Lot 219:
Town of Mamaroneck/ Village of Mamaroneck
Year Current Assessment Reduced Assessment
2004 $23,000 $16,600
The above resolution was put to a roll call vote:
Winick - Aye
Seligson - Aye
Odierna - Aye
Wittner - Aye
O’Keeffe - Aye
7. Resolution – Westchester Municipal Officials Association
On motion of Councilwoman Seligson, seconded by councilman Winick, the following was
approved;
WHEREAS, the New York State Police have advised the State’s
District Attorneys, that, effective September 1, 2006, state
police officers, pursuant to New York State Police regulations,
will be prohibited from “plea bargaining” traffic tickets in local
criminal courts throughout New York State, and
WHEREAS, this new policy will impact the manner in which
traffic tickets are adjudicated in the local criminal courts in
Westchester County; and
WHEREAS, the plea bargaining system is essential to keeping
the cost of operating local criminal courts feasible for the
taxpayers; and
WHEREAS, municipalities rely upon money fined and
garnered from traffic tickets to fund all or a substantial portion
of the operating expenses associated with local criminal
courts; and
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May 17, 2006
WHEREAS, local criminal court justices are prohibited from
negotiating pleas themselves and must rely upon the district
attorney or his or her designee to negotiate pleas in traffic
cases; and
WHEREAS, the district attorney’s office in Westchester
County currently relies upon State Police officers to negotiate
traffic ticket plea bargains in the County’s local criminal
courts; and
WHEREAS, it is possible that a municipal officer might be
called upon to accept a designation from the county district
attorney’s office to negotiate plea bargains on behalf of that
office, imposing a new unfunded mandate on that municipality.
NOW THEREFORE, BE IT
RESOLVED, that the Westchester Municipal Officials
Association supports adoption of A. 10710 introduced by
Member of the Assembly Lentol and S. 7354 introduced by
Senator Bonacic which would prohibit the Division of State
Police from enacting rules or regulations limiting a member of
the State Police force from modifying or recommending the
modification of certain charges before a court relating to a
violation of the Vehicle and Traffic Law; and
BE IT FURTHER,
RESOLVED, that a copy of this resolution be sent to the
Governor George E. Pataki, Joseph L. Bruno, Majority Leader
of the Senate; Sheldon Silver, Speaker of the Assembly;
Senator Elizabeth Little, Chair of the Local Government
Committee; Assemblyman Robert Sweeney, Chair of the Local
Government Committee; Senator Owen Johnson, Chair of the
Finance Committee; Assemblyman Herman D. Farrell Jr.,Chair
of the Ways and Means Committee; Senator John A.
DeFrancisco, Chair of Judiciary Committee; Assemblywoman
Helen E. Weinstein, Chair of Judiciary Committee and the
members of the Westchester County delegation to the Senate
and Assembly.
8. Salary Authorizations
Ambulance District
On motion of Councilwoman Wittner, seconded by Councilwoman Seligson, it was
RESOLVED, that the Town Board does hereby authorize the
appointment of Jon Silvestri to the position of Provisional
Paramedic at a pay rate of $23.50/hr. for a probationary period
of 6 months, effective retroactive to May 3, 2006. After
successfully completing probation his salary would increase to
$24.50/hr,
The above resolution was put to a roll call vote:
Winick - Aye
Seligson - Aye
Odierna - Aye
Wittner - Aye
O’Keeffe - Aye
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May 17, 2006
Recreation
On motion of Councilwoman Wittner, seconded by Councilwoman Seligson, it was
RESOLVED, that as provided for in the 2006 Town
Budget the Town Board does hereby authorize the
payment of salary to the following:
John McCormick, Tennis Instructor, $24/hour, effective retroactive to 5/8/06.
Albert Tetteh, Tennis Instructor, $22/hour, effective retroactive to 5/8/06.
K. Lester Li, Tennis Instructor, $21/hour, effective retroactive to 5/8/06.
Nestor Kamden, Tennis Instructor, $18/hour, effective retroactive to 5/8/06.
Tom Michael, Tennis Instructor, $15/hour, effective retroactive to 5/8/06.
The above resolution was put to a roll call vote:
Winick - Aye
Seligson - Aye
Odierna - Aye
Wittner - Aye
O’Keeffe - Aye
APPROVAL OF MINUTES
Supervisor O’Keeffe and Councilwoman Seligson stated they were not present for the special
meeting on April 24, 2006.
On motion of Councilwoman Wittner, seconded by Councilman Winick, it was
RESOLVED, that the Town Board does hereby approve the
Board minutes from the meeting of, April 24, 2006, as
amended.
The above resolution was put to a roll call vote:
Winick - Aye
Odierna - Aye
Wittner - Aye
On motion of Councilwoman Seligson, seconded by councilman Odierna, the following was
unanimously adopted:
RESOLVED, that the Town Board does hereby approve the
Board minutes from the meeting of, March 1, 2006, as
amended.
ORAL COMMUNICATIONS
George Roniger, Larchmont Garden’s Civic Association, expressed appreciation to all who
attended and participated in the annual meeting in which a presentation of emergency
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preparedness was presented. The annual Spring Fling will take place on June 3 from 1-4 PM,
location will be between Fern Road and Landsdowne Drive. There will be live music, fire truck,
food etc.
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May 17, 2006
WRITTEN COMMUNICATIONS
Supervisor O’Keeffe stated she received a letter from Quiet Skies with an update on FAA
proposals.
SUPERVISOR’S REPORT
Supervisor O'Keeffe, met with County Executive, Andrew Spano and the Mayor of Tuckahoe, to
discuss the proposed rate hike by the power company and the possibility of a lower increase
or a phase in of increase.
REPORT OF COUNCIL
Councilwoman Seligson attended the Planning Board meeting. She attended the ‘wonderful’
ribbon cutting ceremony at the Hommocks Conservation Area.
Supervisor O’Keeffe interjected to thank the Town Environmental Planner Elizabeth Paul,
Town Engineer David Goessl, as well as the entire Highway department for their work at this
site.
Councilwoman Wittner attended the Westchester Municipal Officials meeting.
Councilman Odierna attended the Recreation Committee meeting, he thanked the following
businesses for their support of the Town concerts especially Ray Cantena, North Fork Bank
and The Coughlin Group. He noted that the locker rooms at the Hommocks pool were ready to
install. He also attended the Human Rights Committee meeting and noted that new
appointments were being made.
Supervisor O’Keeffe interjected that the Town was looking for suggestions for appointments
to the Planning Board.
The Supervisor announced the next Town Board meeting would be held on June 7, 2006. Then
on motion of Councilwoman Wittner, seconded by Councilman Winick the meeting was
unanimously adjourned at 11:00PM in memory of Marge Picone who died last week, adding
She was a Larchmont resident who raised her family of 8 children, a former Larchmont trustee
and genuinely a happy, smart and nice person, who will be missed.
Submitted by
_________________________________
Patricia A. DiCioccio, Town Clerk
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