HomeMy WebLinkAbout2013_09_18 Town Board Minutes September 18, 2013
TOWN OF MAMARONECK
TOWN BOARD AGENDA
WEDNESDAY SEPTEMBER 18, 2013
THE TOWN BOARD WILL CONVENE—at 5:00 PM, In Conference Room A to discuss:
1. Winding Brook Road Bridge
2. Six Month Financial Review
3. Proximity Rule for Conflicts of Interest
4. Expansion of Mailing Area for Notification of Certain Land Use Applications
5. Update— Energy Service Contract Proposals
6. Update—Strategic New Department Work Plans
7. New Business
8:OOPM CALL TO ORDER— COURTROOM
SUPERVISOR'S SUMMARY REPORT
CITIZEN COMMENTS
PUBLIC HEARING — Amendment to the Zoning for the Business District: B and the
Service Business District: SB Law
PRESENTATION — GAR Associates — Property Revaluation Project Wrap Up and
Discussion of Assessment Administration in Future Years
BOARD OF FIRE COMMISSIONERS
1. Fire Claims
2. Stipulation of Settlement— IAFF Bargaining Unit
3. Approval of Service Awards Request
4. Other Fire Department Business
AFFAIRS OF THE TOWN OF MAMARONECK
1. Approval — Bonding Resolution— Library Roof Project
2. Authorization —Transfer of Funds— Highway Department
3. Designation of Lead Agency— Model Housing Ordinance
4. Approval of Certiorari
5. Salary Authorization— Recreation
6. Amend Budget Calendar Dates
APPROVAL OF MINUTES— August 14, 2013
REPORTS OF THE COUNCIL
TOWN CLERK'S REPORT
NEXT REGULARLY SCHEDULED MEETINGS — September 25, 2013 & Monday October 7,
2013
Any physically handicapped person needing special assistance in order to attend the
meeting should call the Town Administrator's office at 381-7810.
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September 18, 2013
MINUTES OF THE REGULAR MEETING AND WORK SESSION OF THE TOWN BOARD OF
THE TOWN OF MAMARONECK HELD ON SEPTEMBER 18,2013, BEGINNING AT S:OOPM
IN CONFERENCE ROOM A AND CONTINUING AT 8:00 PM IN THE COURT ROOM OF THE
TOWN CENTER,740 W. BOSTON POST ROAD, MAMARONECK, NEW YORK
PRESENT:
Supervisor Nancy Seligson
Councilman Ernest C.Odierna
Councilwoman Abby Katz
Councilwoman Jaine Elkind Eney
ALSO PRESENT: Christina Battalia,Town Clerk
Stephen V.Altieri,Town Administrator
William Maker,Jr.,Town Attorney
ABSENT: Councilwoman Phyllis Wittner
CALL TO ORDER-WORK SESSION
On motion of Councilwoman Katz,seconded by Councilman Odierna,the Work Session was unanimously
opened at S:OOPM.
Winding Brook Road Bridge
Additionally Present: Brett Schneider and Robert Cyruli,Winding Brook Road residents
Mr. Altieri reported that along the Town owned bridge located at Winding Brook and Fenimore Road an 8"
inch hole in the asphalt has been discovered. Upon further inspection it appears the bridge is in very poor
condition. The Board reviewed a memo prepared by Mr. Altieri in which two alternative methods for the
repairs were discussed. Estimates of construction are being prepared for future review by the Town Board.
Mr. Altieri stated that construction will not be able to begin for six weeks and would take approximately
three weeks to complete.
ADDED ITEM
Public Hearing—Zoning Amendment
Supervisor Seligson emphasized that at this evening's Public Hearing it will be important to outline for the
residents how this legislation developed and remind residents that this is a Generic Environmental Impact
Statement, and not specific to any development. This means that any specific application would be
required to meet all SEAR requirements and undergo specific site plan review.
Six Month Financial Review
Additionally Present:Tony Siligato,Town Comptroller
The Town Board reviewed the Mid-Year Financial Report January—June 2013 in detail.
New Business
Supervisor Seligson stated that the Sustainability Committee met and they reported that the Town's
greenhouse gases are down by 50%. Supervisor Seligson also reported that Steve Karell has completed the
carbon footprint data.
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September 18, 2013
Supervisor Seligson met with the Howell Park residents and reported that it was generally a very positive
meeting.
Supervisor Seligson reported with disappointment that the Town did not receive the Transportation
Enhancement Program (TEP) grant the Town had hoped to receive for a round-about on Madison and New
Jefferson.
With respect to the Westchester Joint Water Works it was reported that the County has not moved
forward with analysis on the effects of tapping into Shaft 22, and they appear to be in severe delay mode
with respect to moving forward on a solution for UV treatment. Westchester Joint Water Works is
discussing whether they should move forward with their own solution, specifically whether they should
install smaller UV filters along the water pipes. This could be seen as a proactive step by the Federal
Government; an enhancement that would make the Westchester Joint Water Works on the same level as
New York City.
Mr.Altieri reported that the Ambulance District and the Town are discussing whether to fund renovation of
the MEMS Building on North Barry Avenue. Per bond counsel the Town would need to have a financial
interest in the building,therefore,a lease would need to be in place.
Supervisor Seligson noted receipt of complaints about the placement of generators on properties. This
issue is similar to the discussion and subsequent law regarding air conditioning units.
Proximity Rule for Conflicts of Interest
The Town Board continued their discussion.The Board agreed that a Board Member whose residence falls
within the proximity rule for land use application should,at minimum, recuse themselves.Should they wish
to speak, they should do so publicly as a resident and not a Board Member. Mr. Maker was asked to do a
re-write of the law for discussion.
Expansion of Mailing Area for Notification of Certain Land Use Applications
Mr.Altieri was asked to look again at software that would determine the number of homes affected versus
a distance radius for notification.
Update—Energy Service Contract Proposals
Mr. Altieri reported that last Friday the Town received four proposals. The Town's consultant has begun
the lengthy evaluation process and the Town Board will probably not receive the final evaluation until the
end of October. Councilwoman Elkind Eney asked again about the Ice Rink and whether if a decision has
not been made in sufficient time then would the Ice Rink be spun off and done separately. Mr. Altieri
responded,yes.
Supervisor Seligson added that the Sustainability Committee has begun preparing a Sustainability Plan.
This will create a bench mark for the Committee to move forward.
Update—Strategic Plan-Department Work Plans
The Town Board reviewed the templates for the Work Plans so they would be familiar with the format
during budget discussion. These plans will outline routine activities as well as special projects and will
require quantitative and qualitative metrics in order to evaluate and measure performance. Currently the
Department Heads are working on these plans for submission with their Budgets. Mr. Altieri stated that
these plans will be very useful in determining how Departments are doing year after year.
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September 18, 2013
On motion of Councilwoman Katz,seconded by Councilwoman Elkind Eney,the Board unanimously agreed
to enter into an Executive Session to discuss collective bargaining with the Firefighters'and a contract with
outside counsel to the Land Use Boards.
EXECUTIVE SESSION
Collective Bargaining with the Firefighters' Union
Contract with outside counsel to the Land Use Boards
On motion of Councilwoman Elkind Eney,seconded by Councilwoman Katz the Board unanimously agreed
to resume the Regular Meeting.
CALL TO ORDER
The Regular Meeting of the Town Board was called to order by Supervisor Seligson at
8:00 PM, she then pointed out the location of the exits.
SUPERVISOR'S SUMMARY REPORT
Supervisor Seligson noted that the Town Board met for a worksession beginning at 5:00 o'clock this
evening,adding this is an open meeting that all residents'are welcomed to attend.
Supervisor Seligson gladly reported that the Weaver Street Bridge reopened before the start of school.The
Town is still trying to get the State to replace the graffiti covered panels.At the request of the Town,the
Supervisor and Town Administrator met with the Federal Monitor for the Fair and Affordable Housing
Settlement to talk about the positive steps the Town is taking. This meeting was very positive and helped
the Town to establish a relationship to maintain an open dialogue. Supervisor Seligson wanted to remind
residents that the Cambium development is under way and construction has begun. Paving projects for
2013 are underway and the Town asks everyone to be patient during this process.The Town has begun
work for the 2014 Budget, reminding residents that these Budget Meetings are open to the public and the
dates are listed on the Town's web-site calendar.
CITIZEN'S COMMENTS
Kevin Kroll, Larchmont Gardens'Civic Association (LGCA)addressed the Board and asked for a report on the
weeding and maintenance over the summer at Gardens' Lake. Mr.Altieri responded that during the
summer trees were removed and weeding will take place during the Fall.
PUBLIC HEARING(S) — "Amendment to the zoning for the Business District: B and the Service-Business
District: SB" Law.
The following Notice of Public Hearing is entered into the record as follows:
NOTICE OF PUBLIC HEARING
LEGAL NOTICE IS HEREBY GIVEN that pursuant to Section 130 of the Town Law of the State of
New York,and pursuant to a resolution of the Mamaroneck Town Board adopted on July 24,
2013 a Public Hearing will be held on Wednesday,September 18,2013 at 8:00 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 Zoning Amendment to the Business District: B and
Service Business: SB Districts.
Purpose:
Amend the Zoning Ordinance with respect to the Business District: B
(1)to allow multi-family housing,and places of worship as of right and
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September 18, 2013
(2)to allow by Special Permit Educational Facilities and Libraries and
(3)to outlaw motels and hotels.
Amend the Zoning Ordinance with respect to the Service Business District: SB to allow by
Special Permit multi-family housing.
Amend the Zoning Ordinance with respect to the Business District: B and the Service Business
District: SB to allow home occupation as an accessory use in both Districts.
Amend the Bulk and Dimension Requirements of the Zoning Ordinance with respect to the
Business District: B and the Service Business District: SB accordingly.
Amend the names of the Business District: B and the Service Business: SB to Business —
Residential: B-R and the Service Business-Residential: SB-R Districts respectively.
Amend the Zoning map of the Town of Mamaroneck accordingly.
The full text of this Amendment is stated below and can also be examined and copies
obtained at the Town Clerk's office during regular hours, Monday - Friday, 8:30 AM to 4:30
PM, In June, July and August until 4:00 PM at 740 W. Boston Post Road Mamaroneck, New
York
PLEASE TAKE FURTHER NOTICE that at the Public Hearing all persons interested will be given
an opportunity to be heard and that all persons are invited to submit written comments at or
prior thereto.
BY ORDER OF THE TOWN BOARD
OF THE TOWN OF MAMARONECK
CHRISTINA BATTALIA
TOWN CLERK
Published:August 27,2013
On motion of Councilwoman Elkind Eney,seconded by Councilwoman Katz,the Public Hearing was
unanimously opened.
Supervisor Seligson began by giving a history of this legislation,the process the Town has gone through and
what this legislation will mean to the Town.
Supervisor Seligson asked if anyone wished to comment on the proposed Local Law.
Mr. Maker noted that Michael Keen of Buckhurst Fish &Jacquemart, Inc.,was in the audience and
available for questions.
Donald Mazin addressed the Board in favor of the proposed legislation. Mr. Mazin asked that his letter
previously submitted to the Town be reentered into the record.
The letter dated August 15,2013 from Donald S. Mazin,Attorney at Law addressed to Supervisor
Seligson and the Board of Trustees is duly entered into the record.
John Verni addressed the Board in favor of this legislation.
Lynn Teiger,a Real-estate Broker in Rockland County addressed the Board. Ms.Teiger asked a number of
questions which although related did not specifically address the Town's proposed legislation.
Supervisor Seligson reported that her Office received three emails voicing concerns about increased
density and burdens placed on the roads and schools. Supervisor Seligson stated in response that from
our review the Town Board is satisfied that the very gradual development that could ensue from this
amendment would not cause any undue burden.
Mr. Maker also asked that the record reflect,as required,that notice was given to the Village of
Larchmont,Village of Mamaroneck,City of New Rochelle,Village of Scarsdale,Town of Harrison,City of
Rye as well as the Westchester County Planning Board.
On motion of Councilwoman Elkind Eney,seconded by Councilwoman Katz,the Public Hearing was
unanimously closed.
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September 18, 2013
On motion of Councilwoman Elkind Eney,seconded by Councilwoman Katz,the following Local law was
approved:
Local Law No. 5 -2013
This local law shall be known as the"Amendment to the zoning for the Business District: B and the Service-
Business District: SB" Law.
BE IT ENACTED by the Town Board of the Town of Mamaroneck
Section 1—Purpose:
The purpose of this local law is to
I. amend the Zoning Ordinance with respect to the Business District: B
(1)to allow multi-family housing,and places of worship as of right and
(2)to allow by Special Permit Educational Facilities and Libraries and
(3)to outlaw motels and hotels,
II. amend the Zoning Ordinance with respect to the Service Business District: SB to allow by
Special Permit multi-family housing,
III. amend the Zoning Ordinance with respect to the Business District: B and the Service
Business District: SB to allow home occupation as an accessory use in both Districts,
IV. amend the Bulk and Dimension Requirements of the Zoning Ordinance with respect to the
Business District: B and the Service Business District: SB accordingly,
V. amend the names of the Business District: B and the Service Business: SB to Business—
Residential: B-R and the Service Business-Residential: SB-R Districts respectively
and
VI. amend the Zoning map of the Town of Mamaroneck accordingly.
Section 2—Amendment of a current section of the Mamaroneck Code:
Section 240-5 of the Code of the Town of Mamaroneck hereby is repealed and the following substituted in
its place:
§240-5. Establishment.
"The Town of Mamaroneck is hereby divided into the following classes of districts:
R-50 One-Family Residence District(50,000 square feet)
R-30 One-Family Residence District(30,000 square feet)
R-20 One-Family Residence District(20,000 square feet)
R-15 One-Family Residence District(15,000 square feet)
R-10 One-Family Residence District(10,000 square feet)
R-7.5 One-Family Residence District(7,500 square feet)
R-6 One-Family Residence District(6,000 square feet)
R-2F Two-Family Residence District
R-GA Garden Apartment District
R-A Attached Residence District
R-TA Tower Apartment District
B-R Business-Residential District
LI Light Industrial
UR Urban Renewal District
SB-R Service Business-Residential District
B-MUB Business-Mixed Use Business District
R Recreation District"
Section 3—Amendment of a current section of the Mamaroneck Code:
Section 240-30 of the Code of the Town of Mamaroneck hereby is repealed and the following substituted in
its place:
§240-30. Business-Residential District: B-R
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September 18, 2013
"A. Principal uses.
(1)Store for sale of goods at retail or performance of customary personal services or service clearly
incidental to retail sales, but no fabrication or manufacturing except incidental to and on the same
premises as such retail sales.The hours of operation for all retail uses shall be from 6:00 a.m.to midnight.
(2)(Reserved)
(3) Indoor recreation or amusement establishments.
(4) Business or professional offices.
(5) Multi-Family Housing.
(6) Municipal uses.
(7) Public utility structures serving a local area.
(8) Places of Worship.
B.Special permit uses, subject to conformance to additional standards as provided herein and in Article IX
(§§240-60 to 240-65).
(1) Educational Facility.
(2) Radio,television and other electronic transmission structures and towers.
(3) Library.
(4)Veterinary hospital, boarding and care of small pets.
(5) Undertaking and funeral homes.
(6) Newspaper printing and publishing.
(7) Nursery use for the sale of plants,trees,shrubbery, nursery stock,seeds, nursery supplies,fertilizers,
soil conditioners,garden hand tools and accessories and gardener's masonry and incidental supplies(fruits,
vegetables and food not permitted).The land area shall be 60,000 square feet or more if used for nursery
business purposes.
(8) Restaurants(see Subsection C(1) below).
C. Except for food-related retail uses that satisfy the criteria of§240-30E,the hours of operation for all
food-related retail uses listed below shall be limited to the hours between 6:00 a.m.and 12:00 midnight,
unless federal or state law controls the hours of operation for such use.
(1) Restaurants,as defined in this chapter.
(a)The minimum setback from a fully-enclosed trash disposal area associated with a food-related retail use
and an adjacent residential property line shall be 25 feet.
(2)Take-out food establishment,delicatessen or convenience store,as defined in this chapter,subject to
the following conditions:
(a)Such use shall not be located within 300 feet of the lot line of any other such use,or any legal and/or
legal nonconforming food-related retail use,within or outside the boundaries of the Town.
(b) Drive-through service shall be prohibited.
(c)Access to all food-related retail uses shall be via a major arterial.
(d)The minimum setback from a fully-enclosed trash disposal area associated with a food-related retail use
and an adjacent residential property line shall be 25 feet.
(e)Any proposal for a new or expanded business shall be required to go through site plan approval if the
action involves:
[1]An expansion of the building envelope; and/or
[2]An expansion of the parking area; and/or
[3]An increase in seating capacity; and/or
(f)When a proposal for a new and/or expanded stand-alone,fast-food restaurant,take-out food
establishment,delicatessen and/or convenience store requires either special permit and/or Site Plan
Approval,such application shall also require Board of Architectural Review approval, pursuant to Chapter 3
of the Town Code.
(g)A nonconforming fast-food establishment,as defined herein,which seeks to convert to a co-branded
fast-food establishment,shall require a use variance.
(3)Supermarket,subject to the following additional conditions:
(a)The minimum lot size for a supermarket shall be 3.5 acres.
(b)Such use shall not be located within 300 feet of the lot line of any other such use.
(4)Grocery store.
(a)Such use shall have a gross floor area of not more than 5,000 square feet.
(5) Ice cream/confectionary store.
(6)Cafeteria.
(7) Luncheonette.
D.Accessory uses.
(1)Any accessory building or use customarily incident to a permitted use.
(2)Signs,exterior spotlighting or other illumination of buildings as permitted under the provisions of
Chapter 175,Signs.
(3) Home occupation.
E.Any food-related retail use which regularly conducted such business prior to April 14, 1998,shall not be
required to limit its hours of operation to the hours between 6:00 a.m. and 12:00 midnight but can
continue to operate such business during the hours that it was conducting such business as of April 13,
1998; provided, however,if such food related retail use ceases to be a food-related retail use for a period
of one or more years,the hours of operation of any food-related retail use which may commence operation
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September 18, 2013
at that site thereafter shall be limited to the hours between 6:00 a.m. and 12:00 midnight, unless federal or
state law controls the hours of operation for such use."
Section 4—Amendment of a current section of the Mamaroneck Code:
Section 240-31 of the Code of the Town of Mamaroneck hereby is repealed and the following substituted in
its place:
"§240-31. Service Business-Residential District: SB-R
A. Principal uses:
(1) Indoor recreation or amusement establishments.
(2) Business or professional offices.
(3)The sale or hire of new or used motor vehicles but no used car lot except as accessory to a new car
dealer.
(4) Undertaking and funeral homes.
(5) Newspaper printing and publishing.
(6) Nursery use for the sale of plants,trees,shrubbery, nursery stock,seeds, nursery supplies,fertilizers,
soil conditioners,garden hand tools and accessories and gardeners' incidental supplies(fruits,vegetables
and food not permitted).
(7) Restaurants,as defined in this chapter.
(a) Except for a restaurant which regularly conducted such business prior to April 14, 1998,the hours of
operation for all restaurants shall be limited to the hours between 6:00 a.m. and 12:00 midnight, unless
federal or state law controls the hours of operation for such use.Any restaurant which regularly conducted
such business prior to April 14, 1998,shall not be required to limit its hours of operation to the hours
between 6:00 a.m.and 12:00 midnight but can continue to operate such business during the hours that it
was conducting such business as of April 13, 1998; provided, however,if such restaurant ceases to be a
restaurant for a period of one or more years,the hours of operation of any restaurant that may commence
operation at that site thereafter shall be limited to the hours between 6:00 a.m.and 12:00 midnight, unless
federal or state law controls the hours of operation for such use.
(8) Luncheonette.
(9) Ice cream/confectionary store.
(10)Wholesale or storage businesses in enclosed buildings.
(11) Municipal uses.
(12) Public utility structure serving a local area.
B.Special uses:
(1)Stores for the sale of goods at retail or performance of customary personal services or a service clearly
incidental to retail sales but no fabrication and/or manufacturing except incidental to and on the same
premises with such retail sales.
(2)Gasoline filling stations and garages,including facilities for servicing and repair.
(3) Multi-Family Housing.
(4) Radio,television or other electronic transmission structures.
(5)Veterinary hospital, boarding and care of small pets.
(6)Contractors establishments.
(7)Automatic car-washing facilities as an adjunct to existing gasoline filling stations and/or public garages.
(8) Fast-food restaurant,take-out food establishment,delicatessen or convenience store,subject to the
following conditions:
(a)Such uses shall not be located within 300 feet of the lot line of each other within or outside the
boundaries of the Town.
(b) Drive-through service shall be prohibited.
(c)Access to all food-related retail uses shall be via a major arterial.
(d)The minimum setback from a fully-enclosed trash disposal area associated with a food-related retail use
and an adjacent residential property line shall be 25 feet.
(e)Any proposal for a new or expanded business shall be required to go through site plan approval if the
action involves:
[1]An expansion of the building envelope; and/or
[2]An expansion of the parking area; and/or
[3]An increase in seating capacity; and/or
[4]A change in signage.
(f)When a proposal for a new and or expanded stand-alone,take-out food establishment,delicatessen
and/or convenience store requires either special permit and/or site plan approval,such application shall
also require Board of Architectural Review approval pursuant to Chapter 3 of the Town Code.The Board of
Architectural Review shall have the authority to modify or omit standardized facades,signs, materials,
colors or other elements of the business's design and external appearance which violate the provisions of
the Town's Sign Ordinance Editor's Note:See Ch. 175, Signs. so as to achieve the Town's land use and
design objectives.
(g)An existing fast-food establishment,as defined herein,which seeks to convert to a co-branded fast-food
establishment shall require a special permit.
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September 18, 2013
(9)Supermarket.
(a)The minimum lot size for a supermarket shall be 3.5 acres.
C.Accessory Uses.
(1)Any accessory building or use customarily incident to a permitted use.
(2)Signs,exterior spotlighting or other illumination of buildings as permitted under the provisions of
Chapter 175,Signs.
(3) Home occupation.
Section 5—Amendment of a current section of the Mamaroneck Code:
Section 240-45 of the Code of the Town of Mamaroneck hereby is repealed and the following substituted in
its place:
"§240-45. Business-Residential District: B-R.
A. Lot requirements.
(1) Non-Residential Use.
(a) Minimum lot area: none.
(b) Minimum width at front setback line: 150 feet.
(c) Maximum building coverage: 25%.
(2) Residential Use or A Combination of Business and Residential Use.
(a) Minimum lot area: 10,000 square feet.
(b) Maximum building coverage: None.
B. Minimum yards.
(1) Non-Residential Use.
(a) Front Yard: none, but no parking shall be permitted in front of any building unless the building setback
from the street line is at least 75 feet.
(b)Side yard:
[1] No side yard is required but,if provided,shall be at least four feet; except where a lot adjoins a
residence district,there shall be a side yard of at least 10 feet,which shall be permanently and suitably
planted with evergreens to form a landscaped screen.
[2]A corner lot adjacent to a residence district shall have a minimum setback of five feet from the street
upon which said residence district has frontage.
(c) Rear yards: no rear yard is required,except where a lot adjoins a residence district,in which case the
rear yard shall be at least 25 feet,at least 10 feet of which shall be permanently and suitably planted with
evergreens to form a landscaped screen.
(2) Residential Use or A Combination of Business and Residential Use.
(a) Front yard: 15 feet. In the case of a property fronting Myrtle Boulevard,the Planning Board is
authorized to reduce or waive the minimum 15-foot front yard requirement, provided that the reduction or
waiver of the front yard requirement is for the purpose of maintaining conformity with the front yard
setback or"built to line"of other buildings in close proximity.
(b)Side yards:
[1] No side yard is required,except where a lot adjoins a road right-of-way or adjacent lot,in which case
the side yard shall be at least 10 feet.
[2] In the case where a lot adjoins a driveway or parking area,the side yard setback shall be at least five
feet.
(c) Rear yard: 20 feet.See §240-45.B.2.a herein. Upon authorizing the reduction or waiver of the minimum
15-foot front yard requirement for a property fronting Myrtle Boulevard,the Planning Board is authorized
to increase the minimum 20-foot rear yard requirement up to a minimum 30-foot rear yard requirement,
should the Board deem it necessary for the purpose of maintaining adequate light,air and privacy.
(d) Usable open space per dwelling unit: 100 square feet.
C. Maximum floor area (as a percentage of lot area).
(1) Non-Residential Use: 50%.
(2) Residential Use or A Combination of Business and Residential Use: 70%.
D. Maximum heights.
(1) Non-Residential
(a) In stories:two.
(b) In feet: 30.
(2) Residential Use or A Combination of Business and Residential Use.
(a) In stories:four.
(b) In feet:44.
E. Minimum number of off-street parking spaces: see §§240-75 through 240-78.
F. Minimum off-street loading space: see§240-82.
G.Other provisions and requirements:
(1)All permitted storage,except for the parking of motor vehicles,shall be entirely within a building.
(2)All lighting shall be so located and shaded in a manner that the light source itself is not visible beyond
the boundaries of the lot on which it is located.
(3)Within all residential developments of 10 or more units, no less than 10%of the total number of units
must be created as Fair and Affordable Housing units per the Westchester County Fair and Affordable
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September 18, 2013
Housing Model Ordinance. In residential developments of five to nine units,at least one Fair and
Affordable Housing unit shall be created.
H. Design requirements and guidelines.
(1)There are five areas where careful attention to design is warranted.Those areas are building design;
landscaping on the perimeter of a lot and within its parking area; signs and exterior lighting; placement of
buildings on lots; and parking,internal traffic circulation and curb cuts.Criteria for each such design
element are set forth in Subsections H(8)(a)through (e)of this section.
(2) In general.
(a) For lots in this district having frontage on the Boston Post Road,the objectives of these criteria are to
ensure that the Boston Post Road in the Town of Mamaroneck develops into an attractive and convenient
business district for the Town,functions as a focal point for local residents and through-travelers and
blends landscaped commercial and residential structures in a compatible way; and
(b) For lots in this district that do not have frontage on the Boston Post Road,the objectives of the criteria
set forth in this section are to ensure that these areas in the Town of Mamaroneck become convenient for
local residents and through-travelers and develop into attractive parcels that blend landscaped commercial
and residential structures in a compatible way.
(3)Applicants are discouraged from proposing standardized corporate franchise design.
(4) In addition to complying with the standards, requirements and guidelines contained in this section all
applicants shall propose customized,site-specific designs that satisfy the criteria contained in Chapter 3 of
the Code.in situations where any provision of Chapter 3 of the Code is inconsistent with any of the
provisions of this section,the provisions of this section shall apply.
(5) For any project which requires site plan approval and/or a special permit("Board approval")and
involves any of the work described in Subsection H(5)(a)through (g), below,the Board having the authority
to issue such approval and/or permit(the "Issuing Board")shall not do so without first obtaining an
advisory opinion from the Board of Architectural Review with respect to the design criteria contained in
Subsections H(8)(a)through (c)of this section.
(a)Construction of a new structure;
(b) Relocation of an existing structure;
(c) Demolition or razing of all or a portion of the exterior of an existing structure;
(d)Addition to or alteration of the exterior wall of an existing structure by tearing down or removing any
portion thereof,or, by filling in,sealing, boarding up,closing or enclosing any portion of an existing window
or door space of an existing structure;
(e)Alteration of any roofline;
(f)Construction,enlargement or alteration of any nonlandscaped area on a lot,including, but not limited
to, parking areas,access lanes,sidewalks, loading, refuse or storage areas; or
(g)The removal or change to landscaping on the lot.
(6) Prior to conducting a public hearing on an application requiring Board approval,the Issuing Board shall
refer the application to the Board of Architectural Review for an advisory opinion regarding the proposed
projects:
(a) Building design;
(b) Landscaping on the lot perimeter and within the parking area; and
(c)Signs and exterior lighting.
(7) In determining whether to grant site plan approval and/or issue a special permit,the Issuing Board shall
consider the opinion rendered by the Board of Architectural Review and decide whether to accept or reject
that Board's recommendations,in whole or in part. It shall also apply the design review criteria set forth
below with respect to the proposed projects:
(a) Placement of buildings on the lot; and
(b) Parking,internal traffic circulation and curb cuts.
(8)The design criteria to be applied by the Board of Architectural Review when rendering its advisory
opinion and by the Issuing Board in determining whether to accept or reject the Board of Architectural
Review's opinion in whole or in part and in deciding whether to grant site plan approval and/or issue a
special permit are:
(a) Building design.
[1]At least 40%of the primary structure's front elevation at street level shall be window.
[2] Structures situated at corners should "wrap" the corner by continuing facade elements on all street
elevations,with such elements as the overall building material and window design,and horizontal features
such as the cornice.
[3] Main building entrances shall face the street and shall be easily identifiable and scaled to the size of the
street that they face.
[4] Proposed changes in exterior architectural features shall be in harmonious relationship to the
remainder of the structure and to the surrounding area. Unity and compatibility with adjacent structures is
to be achieved to the maximum extent possible.Areas of review shall include the scale and general size of
the structure or structures in relationship to the existing surroundings; specifically,the structures overall
height,width,street frontage, number of stories, roof type,facade openings(windows,doors,etc)and
architectural details.
[5]Treatment of the sides and the rear of the structures shall be comparable in appearance and amenity to
the treatment given to the street frontage elevation.
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September 18, 2013
[6] Building materials and colors should be selected which avoid jarring and incongruous contrasts, both
within new development and seen against existing structures.
(b) Landscaping on the lot perimeter and within the parking area.
[1]The proposed landscaping shall visually bind the primary structure into the larger streetscape fabric or
soften the edge of a freestanding structure; provide shade,windbreak and glare reduction to pedestrians
and parked cars; physically separate pedestrians from vehicles; and provide pervious surface to assist in
stormwater management.
[2]A coordinated landscaped design shall be required,incorporating open space and/or recreation,if
appropriate,walks,access drives, parking areas and lot perimeter.The following areas shall be landscaped:
[a]Along the public right-of-way.
[i] Except where there is a sufficient reason not to do so,one shade tree shall be planted for every 30 feet
of frontage,excluding curb cut openings.Additional front yard landscaping shall be required.
[b]Along the parking lot's perimeter.
[i]The landscaped perimeter strip shall be a minimum of five feet wide. Except where there is a sufficient
reason not to do so,one tree and three shrubs shall be planted for every 35 linear feet.
[c]Within the parking lot's interior,where appropriate.
[i] Planting islands shall be evenly spaced within the parking lot.
[ii] No planting island shall be less than five feet wide in any dimension.
[iii] Plants shall be a mix of shrubs,deciduous trees,evergreen trees and groundcover.
[iv] Existing parking areas shall either install landscaped islands or increase the number of landscaped
islands to the maximum extent practicable.
[v]All landscaping shall be maintained in good condition.
(c)Signs and exterior lighting. In addition to the provisions of Chapter 175 of the Code,the following
provisions shall be applied:
[1] Signs shall not be mounted on a pole.Signs shall be wall signs, projecting signs, monument signs or
hanging signs.
[2] No one business shall exceed two signs on the premises.
[3] Multiple uses on a lot shall have coordinated signage.
[4] Signs shall not be internally illuminated.
[5]All exterior lighting shall be of such a type and location and shall have such shielding as will direct the
light downward and will prevent the light from shining directly on any adjacent residential property or
street.Site illumination for uncovered areas shall be evenly distributed.
(d) Placement of buildings on the lot.
[1] Primary structures should be placed as close as practicable to the front yard setback line.The preferred
build-to line shall be 10 feet or less,for nonresidential structures,from the boundary line between the lot
and the right-of-way.The preferred build-to line for residential structures shall be 10 feet from the
boundary line between the lot and the right-of-way.
[2] In developments where there will be more than one structure on a single site, such structures,and their
signage, landscaping and lighting,shall be designed as an integrated part of an overall site design related to
other surrounding development and topographical conditions.
(e) Parking,internal circulation and curb cuts.
[1]To the maximum extent practicable, parking shall be located to the side and/or rear of the primary
structure.
[2] No more than 10%of the parking may be located as convenience(short-term) parking in front of the
primary structure.
[3] Except where there is a sufficient reason not to do so,including but not limited to a demonstration by
the applicant that it cannot coordinate internal parking lot circulation for its property with the parking area
on an adjacent lot, no lot shall be allowed more than one curb cut. Internal parking lot circulation shall be
encouraged between adjoining lots."
Section 6—Amendment of a current section of the Mamaroneck Code:
Section 240-46 of the Code of the Town of Mamaroneck hereby is repealed and the following substituted in
its place:
"§240-46.Service Business-Residential: SB-R.
A. Lot requirements:
Non-Residential Use.
(1) Minimum lot area:the same as Business-Residential(B-R) District.
(2) Minimum width at front setback line: 150 feet.
Residential Use or A Combination of Business and Residential Use.
(1) Minimum lot area: 10,000 square feet.
(2) Minimum Lot Width at front setback line: 150 feet.
B. Minimum yards:
(1) Non-Residential Use:the same as Business-Residential(B-R) District.
(2) Residential Use or A Combination of Business and Residential Use:the same as Business-
Residential(B-R) District.
(3) For a Residential Use or A Combination of Business and Residential Use,the usable open space per
dwelling unit shall be a minimum of 100 square feet.
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September 18, 2013
C. Maximum floor area (as a percentage of lot area).
(1) Non-Residential Use: 50%.
(2) Residential Use or A Combination of Business and Residential Use: 70%.
D. Maximum heights.
(1) Non-Residential
(a) In stories:two.
(b) In feet: 30.
(2) Residential Use or A Combination of Business and Residential Use.
(a) In stories:four.
(b) In feet:44.
E. Minimum number of off-street parking spaces:the same as Business-Residential(B-R) District.
F. Minimum off-street loading space:the same as Business-Residential(B-R) District.
G.Other provisions and requirements.
(1)All permitted storage,except for the parking of motor vehicles,shall be entirely within a building.
(2)All lighting shall be so located and shaded in a manner that the light source itself is not visible beyond
the boundaries of the lot on which it is located.
(3)Site planning standards. During its review of site plans for development within the SB-R District,the
Planning Board shall apply the following standards in addition to all those applicable standards set forth in
Chapter 177,Site Plan Review.
(a) Buildings shall be situated on the site in a manner that minimizes the visual impact,in terms of scale
and height on adjacent residential properties.
(b) Landscaping and/or fencing shall be provided along the property lines of adjacent residential properties
and along streets giving access to residential neighborhoods so as to provide the most effective visual
screening.The specific materials to be used shall be reviewed to determine the effect of such screening at
all times of the year.
(c)Appropriate conditions and measures shall be provided for minimizing the discharge of oil,grease and
other pollutants to the public storm drainage system,waterways and wetlands.
(4)Within all residential developments of 10 or more units, no less than 10%of the total number of units
must be created as Fair and Affordable Housing units per the Westchester County Fair and Affordable
Housing Model Ordinance. In residential developments of five to nine units,at least one Fair and
Affordable Housing unit shall be created.
H. Design requirements and guidelines.
(1)There are five areas where careful attention to design is warranted.Those areas are building design;
landscaping on the perimeter of a lot and within its parking area; signs and exterior lighting; placement of
buildings on lots; and parking,internal traffic circulation and curb cuts.Criteria for each such design
element are set forth in Subsections H(8)(a)through (e)of this section.
(2) In general.
(a) For lots in this district having frontage on the Boston Post Road,the objectives of these criteria are to
ensure that the Boston Post Road in the Town of Mamaroneck develops into an attractive and convenient
business district for the Town,functions as a focal point for local residents and through-travelers and
blends landscaped commercial and residential structures in a compatible way; and
(b) For lots in this district that do not have frontage on the Boston Post Road,the objectives of the criteria
set forth in this section are to ensure that these areas in the Town of Mamaroneck become convenient for
local residents and through-travelers and develop into attractive parcels that blend landscaped commercial
and residential structures in a compatible way.
(3)Applicants are discouraged from proposing standardized corporate franchise design.
(4) In addition to complying with the standards, requirements and guidelines contained in this section all
applicants shall propose customized,site-specific designs that satisfy the criteria contained in Chapter 3 of
the Code. In situations where any provision of Chapter 3 of the Code is inconsistent with any of the
provisions of this section,the provisions of this section shall apply.
(5) For any project which requires site plan approval and/or a special permit("Board approval")and
involves any of the work described in Subsections H(5)(a)through (g), below,the Board having the
authority to issue such approval and/or permit(the "Issuing Board")shall not do so without first obtaining
an advisory opinion from the Board of Architectural Review with respect to the design criteria contained in
Subsections H(8)(a)through (e)of this section.
(a)Construction of a new structure;
(b) Relocation of an existing structure;
(c) Demolition or razing of all or a portion of the exterior of an existing structure;
(d)Addition to or alteration of the exterior wall of an existing structure by tearing down or removing any
portion thereof,or, by filling in,sealing, boarding up,closing or enclosing any portion of an existing window
or door space of an existing structure;
(e)Alteration of any roofline;
(f)Construction,enlargement or alteration of any nonlandscaped area on a lot,including, but not limited
to, parking areas,access lanes,sidewalks, loading, refuse or storage areas; or
(g)The removal or change to landscaping on the lot.
(6) Prior to conducting a public hearing on an application requiring Board approval,the Issuing Board shall
refer the application to the Board of Architectural Review for an advisory opinion regarding the proposed
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September 18, 2013
project's:
(a) Building design;
(b) Landscaping on the lot perimeter and within the parking area; and
(c)Signs and exterior lighting.
(7) In determining whether to grant site plan approval and/or issue a special permit,the Issuing Board shall
consider the opinion rendered by the Board of Architectural Review and decide whether to accept or reject
that Board's recommendations,in whole or in part. It shall also apply the design review criteria set forth
below with respect to the proposed project's:
(a) Placement of buildings on the lot; and
(b) Parking,internal traffic circulation and curb cuts.
(8)The design criteria to be applied by the Board of Architectural Review when rendering its advisory
opinion and by the Issuing Board in determining whether to accept or reject the Board of Architectural
Review's opinion in whole or in part and in deciding whether to grant site plan approval and/or issue a
special permit are:
(a) Building design.
[1]At least 40%of the primary structure's front elevation at street level shall be window.
[2] Structures situated at corners should "wrap" the corner by continuing facade elements on all street
elevations,with such elements as the overall building material and window design,and horizontal features
such as the cornice.
[3] Main building entrances shall face the street and shall be easily identifiable and scaled to the size of the
street that they face.
[4] Proposed changes in exterior architectural features shall be in harmonious relationship to the
remainder of the structure and to the surrounding area. Unity and compatibility with adjacent structures is
to be achieved to the maximum extent possible.Areas of review shall include the scale and general size of
the structure or structures in relationship to the existing surroundings; specifically,the structures overall
height,width,street frontage, number of stories, roof type,facade openings(windows,doors,etc)and
architectural details.
[5]Treatment of the sides and the rear of the structures shall be comparable in appearance and amenity to
the treatment given to the street frontage elevation.
[6] Building materials and colors should be selected which avoid jarring and incongruous contrasts, both
within new development and seen against existing structures.
(b) Landscaping on the lot perimeter and within the parking area.
[1]The proposed landscaping shall visually bind the primary structure into the larger streetscape fabric or
soften the edge of a freestanding structure; provide shade,windbreak and glare reduction to pedestrians
and parked cars; physically separate pedestrians from vehicles; and provide pervious surface to assist in
stormwater management.
[2]A coordinated landscaped design shall be required,incorporating open space and/or recreation,if
appropriate,walks,access drives, parking areas and lot perimeter.The following areas shall be landscaped:
[a]Along the public right-of-way.
[i] Except where there is a sufficient reason not to do so,one shade tree shall be planted for every 30 feet
of frontage,excluding curb cut openings.Additional front yard landscaping shall be required.
[b]Along the parking lot's perimeter.
[i]The landscaped perimeter strip shall be a minimum of five feet wide. Except where there is a sufficient
reason not to do so,one tree and three shrubs shall be planted for every 35 linear feet.
[c]Within the parking lot's interior,where appropriate.
[i] Planting islands shall be evenly spaced within the parking lot.
[ii] No planting island shall be less than five feet wide in any dimension.
[iii] Plants shall be a mix of shrubs,deciduous trees,evergreen trees and groundcover.
[iv] Existing parking areas shall either install landscaped islands or increase the number of landscaped
islands to the maximum extent practicable.
[v]All landscaping shall be maintained in good condition.
(c)Signs and exterior lighting. In addition to the provisions of Chapter 175 of the Code,the following
provisions shall be applied:
[1] Signs shall not be mounted on a pole.Signs shall be wall signs, projecting signs, monument signs or
hanging signs.
[2] No one business shall exceed two signs on the premises.
[3] Multiple uses on a lot shall have coordinated signage.
[4] Signs shall not be internally illuminated.
[5]All exterior lighting shall be of such a type and location and shall have such shielding as will direct the
light downward and will prevent the light from shining directly on any adjacent residential property or
street.Site illumination for uncovered areas shall be evenly distributed.
(d) Placement of buildings on the lot.
[1] Primary structures should be placed as close as practicable to the front yard setback line.The preferred
build-to line shall be 10 feet or less,for nonresidential structures,from the boundary line between the lot
and the right-of-way.The preferred build-to line for residential structures shall be 10 feet from the
boundary line between the lot and the right-of-way.
[2] In developments where there will be more than one structure on a single site, such structures,and their
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September 18, 2013
signage, landscaping and lighting,shall be designed as an integrated part of an overall site design related to
other surrounding development and topographical conditions.
(e) Parking,internal circulation and curb cuts.
[1]To the maximum extent practicable, parking shall be located to the side and/or rear of the primary
structure.
[2] No more than 10%of the parking may be located as convenience(short-term) parking in front of the
primary structure.
[3] Except where there is a sufficient reason not to do so,including but not limited to a demonstration by
the applicant that it cannot coordinate internal parking lot circulation for its property with the parking area
on an adjacent lot, no lot shall be allowed more than one curb cut. Internal parking lot circulation shall be
encouraged between adjoining lots."
Section 7—Amendment of a current section of the Mamaroneck Code:
Section 240-78 of the Code of the Town of Mamaroneck hereby is repealed and the following substituted in
its place:
"§240-78.Off-street parking requirements.
A.Off-street motor vehicle parking facilities shall be provided as follows except as provided above or
where additional parking requirements may be made as a condition of the issuance of a special permit
under Article IX,in which case provisions of that section shall apply.
Type of Use Minimum Requirements
1-and 2-family dwelling units 2 spaces for each dwelling
Multiple dwellings:
Studio 1 space
1-bedroom 11/4 spaces
2-bedroom 2 spaces; 11/2 spaces in the B-R and SB-R districts
3-bedroom 21/2 spaces; 2.0 spaces in the B-R and SB-R districts
Professional office or home 2 spaces in addition to spaces for residential units except
occupation permitted in a required that medical or dental offices shall have 4 spaces for each
residential zone as an accessory doctor or dentist in addition to residential parking
use requirements
Rooming house or boardinghouse 1 space for each guest sleeping room, plus 1 space per
resident family
Hospital,clinic,sanitarium or 1 space for each patient bed,excluding bassinets, plus 1
convalescent home space for each person employed in the building
Theater,auditorium,athletic field 1 space for each 5 seats or 200 square feet in such place of
or other place of public assembly assembly,whichever would be greater
other than a church
Church or other place of worship 1 space for each 5 seats or pew spaces
Bowling alley 5 spaces for each alley
Other center of public amusement, 1 space for every 200 square feet of floor space devoted to
the capacity of which cannot be patron use
measured in terms of seats
Restaurant or place dispensing 1 space for each 50 square feet of floor space devoted to
food or drink patron use
Retail or service business 1 space for each 200 square feet of floor space
Wholesale,storage, utility or other 1 space for each person for which the building or use is
commercial building or use designed or for each 2,000 square feet,whichever is greater
Office for business or professional 1 space for each 300 square feet of floor area
use
Funeral parlor or undertaking At least 10 spaces for each chapel or viewing room and 1 for
establishment each person working in such establishment.Off-street
loading for delivery and funeral cortege assembly shall be
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September 18, 2013
Type of Use Minimum Requirements
considered for site plan approval.
Private golf courses 2 parking spaces for each acre of land contained in the course
Public golf courses 2.5 spaces for each acre of land contained in the course
Public multiple use recreational 2.5 spaces per acre on a course; 1 space for every 3 bathers
facilities in a swimming pool
Tennis, public or private 3 spaces per court
Private swimming pools 1 space for each 3 bathers
Soccer,football and baseball fields 10 spaces for each field, plus 1 space for every 5 spectator
seats
B. Reasonable and appropriate off-street parking requirements for structures and land uses which do not
fall within the categories listed above shall be determined in each case by the Board of Appeals,which shall
consider all factors entering into the parking needs of such use.
C.Where two or more different uses occur on a single lot,the total amount of parking facilities to be
provided shall be the sum of the requirements for each individual use on the lot,except that the Board of
Appeals may approve the joint use of parking space by two or more establishments on the same or
contiguous lots,the total capacity of which space is less than the sum of the spaces required for each,
provided that the Board finds that the capacity to be provided will substantially meet the intent of the
requirements by reason of variation in the probable time of maximum use by patrons or employees among
such establishments,and provided that such approval of such joint use shall be automatically terminated
upon the termination of the operation of any of such establishments.
D. In the B-R and SB-R District,the off-street parking requirements may be reduced by the Planning Board
in the course of site plan review if the applicant demonstrates and the Planning Board finds that the
capacity of such off-street parking is sufficient to meet the demands of such use or uses such as the case of
shared parking by two or more different land uses. In no case shall such reduction be greater than 15%of
that required by type of use.
Section 8—Amendment of the zoning map of the Town of Mamaroneck:
The Town Clerk is directed to create a revised zoning map for the Town of Mamaroneck that substitutes"B-
R"for"B"and "SB-R"for"SB"wherever those initials appear on the present zoning map to denote the
locations of those zoning districts.
Section 9—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 10—Effective Date:
This Local Law shall become effective upon filing with the Secretary of State.
The above resolution was put to a roll call vote:
Elkind Eney Aye
Katz Aye
Odierna Aye
Wittner Absent
Seligson Aye
PRESENTATION-GAR Associates
Cindy Baire and Dave Barnett of GAR Associates gave a PowerPoint presentation entitled,
Reassessment Project Final Report August 2013
The presentation detailed highlights of the project including numerical data as well as future options to
maintain the investment.
The Board thanked GAR Associates for doing an excellent job,as well thanking Susan Thomas and her
Office for successfully completing this huge task.
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September 18, 2013
BOARD OF FIRE COMMISSIONERS
The Meeting was called to order by Commissioner Seligson,and then on motion of Commissioner Odierna,
seconded by Commissioner Elkind Eney,the Board of Fire Commissioners was unanimously declared open.
Present were the following Members of the Commission:
Commissioner: Nancy Seligson
Commissioner: Ernest C. Odierna
Commissioner: Abby Katz
Commissioner: Jaine Elkind Eney
1. FIRE CLAIMS
On motion of Commissioner Elkind Eney,seconded by Commissioner Katz,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:
AAA Emergency Supply Fire Hose as per Westchester Cty contract RFB-WC- 19,904.00
12159-2
AAA Emergency Supply Fire Extinguisher recharge 8/6/13 48.00
AAA Emergency Supply Scott 30 minute Carbon Air Cylinder 2,376.36
AAA Emergency Supply Repair of hose lengths 80.00
AAA Emergency Supply Fire Extinguisher recharge 8/20/13 48.00
Amazon.Com Batteries for supply 42.80
Amazon.Com Bedding for career staff 100.04
Amazon.Com Scanners for Alarm Room and Office 369.62
Atlantic Westchester Inc. Repairs to Gym AC unit 8/1/13 722.46
Atlantic Westchester Inc. Repairs to Club Room AC unit 8/5/13 &8/8/13 853.14
ABCO lock&Alarm Co. Emergency Repairs to Garage Door Spring E36& E51 2,540.00
Bigam,Shawn Books for Emt Class 80.80
Bound Tree Medical LLC EMS Supplies 57.76
Bound Tree Medical LLC Batteries for Lifepak 132.79
Brewers Hardware Screws and brass elbow 7.86
Cablevision Cable service 8/23-9/22/13 143.99
Chatsworth Cleaners Uniform Alterations 33.37
Con Edison Gas Charges 7/30-8/28/13 185.87
Cleaning Sys Company Supplies-toilet tissue 121.26
East Coast Emergency lighting lights and Siren package for 2013 Tahoe 5,711.65
Fire Companies.Com, Inc. Website Management-3 Months 6/13-8/13 239.97
Future Fence and Painting, Inc Repairs to Generator Fence Damaged by Hurricane 300.00
Sandy
G&K Services INC Mats and Rags for August 2013 102.80
Grainger Building Supplies 530.90
Grainger Building Supplies 114.43
Grainger Air Impact Gun for R6 269.50
Grainger Grinder Tool Stand 153.75
Looseleaf Law Publications EMS&Fire Personnel Legal Guide Update 22.90
M.S.L. Refrigeration Repairs And Service Call 275.50
New England Uniform Co Shirts,ties,gloves&jackets 516.00
Oakland Beach Deli Food for August 2013 Monthly Drill 252.00
Oakland Beach Deli Food for Acquired Structure Drill 143.55
Ricoh Americas Corp. Copier Contract Billing for 7/22-8/21/13 204.35
Ricoh Americas Corp. Copier Contract Billing for 8/22-9/21/13 204.35
Sound Contracting Inc Repairs to 2 toilets 8/27/13 145.00
Sound Shore Pest Control Exterminating Services 7/25/13 65.00
16
September 18, 2013
Sound Shore Pest Control Exterminating Services 8/29/13 65.00
Town of Mam'K Prof Firefighters July&August 2013 Life Insurance-11 FF 433.95
Asn
Town of Mam'K Fire Dept. Bottled Water for Apparatus 0.00
Villa Maria Pizza Food for Explorer Drill 8/8/13 73.00
Villa Maria Pizza Food for May 2013 Fast Drill 58.72
Verizon Phone service 8/10-9/9/13 377.39
Verizon Wireless Wireless Service-7/24-8/23/13 246.89
Westech Elevator Services Maintenance for month of August 2013 175.00
0.00
Total: 38,529.72
The above resolution was put to a roll call vote:
Commissioner Elkind Eney Aye
Commissioner Katz Aye
Commissioner Odierna Aye
Commissioner Wittner Absent
Commissioner Seligson Aye
2. Other Fire Department Business
The Mr.Altieri explained that the Commission has reviewed a Proposed Stipulation of Settlement for the
renewal of the Collective Bargaining Agreement between the Town Fire District(District) and Local 898 of
the International Association of Firefighters(Union).The previous Agreement expired on December 31,
2011. Mr.Altieri continued, highlighting from his memo to the Town Board of September 12,2013,which
discusses the proposed changes to the contract.
On motion of Commissioner Odierna,seconded by Commissioner Elkind Eney,it was
RESOLVED,that the Mamaroneck Town Board does hereby approve the Stipulation of Settlement
between the Town of Mamaroneck and Local 898 of the International Association of Firefighters,in
which both parties engaged in good faith negotiations in an effort to arrive at a successor
agreement to the contract that expired December 31, 2011,and
BE IT FURTHER,
RESOLVED,that the Town Administrator is hereby authorized to sign said Stipulation of
Settlement behalf of the Town.
The above resolution was put to a roll call vote:
Elkind Eney Aye
Katz Aye
Odierna Aye
Wittner Absent
Seligson Aye
3. Service Awards Report 2nd Quarter 2013
On motion of Commissioner Odierna,seconded by Commissioner Elkind Eney,it was
RESOLVED,that the Fire Commission does hereby accept the Service Awards Report as submitted
by Chief Russo for the 2nd Quarter of 2013 as follows:
ATTACHMENT A
The above resolution was put to a roll call vote:
Elkind Eney Aye
Katz Aye
Odierna Aye
17
September 18, 2013
Wittner Absent
Seligson Aye
4. Firefighter Appointment
On motion of Commissioner Odierna,seconded by Commissioner Elkind Eney,it was
RESOLVED,that the Fire Commissioner does hereby appoint Michael Owens a Probationary
Firefighter with the Town of Mamaroneck's Fire Department effective September 19,2013 at an
annual salary of$37,000.
The above resolution was put to a roll call vote:
Elkind Eney Aye
Katz Aye
Odierna Aye
Wittner Absent
Seligson Aye
There being no further business to come before the Commission,on motion of Commissioner Elkind Eney,
seconded by Commissioner Katz,the Commission unanimously adjourned and the Town Board reconvened.
AFFAIRS OF THE TOWN
7. Approval—Bonding Resolution—Library Roof Project
Mr.Altieri explained that at a recent Town Board Meeting the Library Trustee Chair and the Library
Director spoke with the Town Board about the need to replace one of the roofs at the Library.The cost to
the Town based on the Town's share and the bonding costs would be$150,000.00. The Library has since
informed the Town that the Library received a New York State Construction Grant,whereby the Town's
cost,including borrowing costs has been reduced to$125,000.00.
On motion of Councilwoman Elkind Eney,seconded by Councilwoman Katz,the following was approved,
BOND RESOLUTION DATED SEPTEMBER 18,2013. A RESOLUTION
AUTHORIZING,SUBJECT TO PERMISSIVE REFERENDUM,THE COST OF THE
RECONSTRUCTION OF THE PUBLIC LIBRARY ROOF,OF AND FOR THE
TOWN OF MAMARONECK,WESTCHESTER COUNTY, NEW YORK,AT A
MAXIMUM ESTIMATED COST OF$125,000 AND AUTHORIZING THE
ISSUANCE OF$125,000 SERIAL BONDS OF SAID TOWN TO PAY THE COST
THEREOF.
WHEREAS,the capital project hereinafter described,as proposed, has been determined to be a Type II
Action pursuant to the regulations of the New York State Department of Environmental Conservation
promulgated pursuant to the State Environmental Quality Review Act,which regulations state that Type II
Actions will not have a significant effect on the environment;
NOW,THEREFORE,
BE IT RESOLVED, by the affirmative vote of not less than two-thirds of the total voting strength of the Town
Board of the Town of Mamaroneck,Westchester County, New York,as follows:
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September 18, 2013
Section 1. The Town's share of the reconstruction of the Public Library Roof,of and for the Town of
Mamaroneck,Westchester County, New York,including incidental improvements and expenses in
connection therewith,is hereby authorized at a maximum estimated cost of$125,000.
Section 2. The plan for the financing of the aforesaid maximum estimated cost is by the issuance of
not exceeding$125,000 bonds of said Town, hereby authorized to be issued therefor pursuant to the
provisions of the Local Finance Law.
Section 3. It is hereby determined that the period of probable usefulness of the aforesaid specific
object or purpose is fifteen years, pursuant to subdivision 12(a)(2)of paragraph a of Section 11.00 of the
Local Finance Law. It is hereby further determined that the maximum maturity of the bonds herein
authorized will exceed five years.
Section 4. Subject to the provisions of the Local Finance Law,the power to authorize the issuance of
and to sell bond anticipation notes in anticipation of the issuance and sale of the bonds herein authorized,
including renewals of such notes,is hereby delegated to the Supervisor,the chief fiscal officer. Such notes
shall be of such terms,form and contents,and shall be sold in such manner,as may be prescribed by said
Supervisor,consistent with the provisions of the Local Finance Law.
Section 5. The faith and credit of said Town of Mamaroneck,Westchester County, New York,are
hereby irrevocably pledged for the payment of the principal of and interest on such bonds as the same
respectively become due and payable. An annual appropriation shall be made in each year sufficient to pay
the principal of and interest on such bonds becoming due and payable in such year. There shall annually be
levied on all the taxable real property of said Town,a tax sufficient to pay the principal of and interest on
such bonds as the same become due and payable.
Section 6. All other matters,except as provided herein relating to such bonds,including determining
whether to issue such bonds having substantially level or declining annual debt service and all matters
related thereto, prescribing whether manual or facsimile signatures shall appear on said bonds, prescribing
the method for the recording of ownership of said bonds,appointing the fiscal agent or agents for said
bonds, providing for the printing and delivery of said bonds(and if said bonds are to be executed in the
name of the Town by the facsimile signature of the Supervisor, providing for the manual countersignature
of a fiscal agent or of a designated official of the Town),the date,denominations, maturities and interest
payment dates, place or places of payment,and also including the consolidation with other issues,shall be
determined by the Supervisor. Such bonds shall contain substantially the recital of validity clause provided
for in section 52.00 of the Local Finance Law and shall otherwise be in such form and contain such recitals
in addition to those required by section 52.00 of the Local Finance Law,as the Supervisor shall determine.
Section 7. This resolution shall constitute a statement of official intent for purposes of Treasury
Regulations Section 1.150-2. Other than as specified in this resolution, no monies are,or are reasonably
expected to be, reserved,allocated on a long-term basis,or otherwise set aside with respect to the
permanent funding of the object or purpose described herein.
Section 8. The validity of such bonds and bond anticipation notes may be contested only if:
1) Such obligations are authorized for an object or purpose for which said Town is not authorized to
expend money,or
2) The provisions of law which should be complied with at the date of publication of this resolution
are not substantially complied with,
and an action,suit or proceeding contesting such validity is commenced within twenty days after the date
of such publication,or
3) Such obligations are authorized in violation of the provisions of the Constitution.
Section 9. Upon this resolution taking effect,the same shall be published in summary form in the
official newspaper of said Town for such purpose,together with a notice of the Town Clerk in substantially
the form provided in Section 81.00 of the Local Finance Law.
Section 10. THIS RESOLUTION IS ADOPTED SUBJECT TO PERMISSIVE REFERENDUM.
The question of the adoption of the foregoing resolution was duly put to a vote on roll call,which resulted
as follows:
Councilwoman Elkind Eney Aye
Councilwoman Katz Aye
Councilman Odierna Aye
Councilwoman Wittner Absent
Supervisor Seligson Aye
19
September 18, 2013
8. Authorization—Transfer of Funds—Highway Department
On motion of Councilman Odierna,seconded by Councilwoman Elkind Eney,the following was approved,
WHEREAS,currently the Highway Department operates four pay loaders which are critical to
the Highway Department,and
WHEREAS,a repair is needed to the hydrostatic transmission/torque converter which is
estimated to cost$20,500,a cost far less than the current value of the vehicle.
NOW THERFORE, BE IT
RESOLVED,that the Mamaroneck Town Board does hereby approve the internal transfer of
funds from the Town's Rock Salt/Calcium Account into the Central Garage Outside Services
Account as outlined by the Town Comptroller as follows:
FY 2013 BUDGET TRANSFER-HIGHWAY FUND(SNOW REMOVAL TO GARAGE)
9/18/2013 TOWN BOARD MEETING
HIGHWAY FUND(FUND DB):
BUDGET TRANSFER:
FROM D13.5142.4250 ROCK SALT/CALCIUM $ (20,500.00)
TO DB.5130.4243 OUTSIDE SERVICES $ 20,500.00
* REPRESENTS FUNDS TO BE REALLOCATED FOR REPAIR TO TRANSMISSION/TORQUE
CONVERTER
FOR FLEET#171 -CAT FRONT END LOADER& VARIOUS REPAIRS TO FLEET VEHICLES
AS REQUESTED BY THE SUPT. OF HIGHWAYS
The above resolution was put to a roll call vote:
Elkind Eney Aye
Katz Aye
Odierna Aye
Wittner Absent
Seligson Aye
9. Designation of Lead Agency—Model Housing Ordinance
On motion of Councilwoman Katz,seconded by Councilwoman Elkind Eney,the following was approved,
WHEREAS,the Town Board has decided to explore a rezoning which would allow the
development of fair and affordable housing in the residential zoning districts in the Town of
Mamaroneck("Proposed Action"),and
WHEREAS,the Town Board has determined that the Proposed Action is an Unlisted action as
that term is defined in the State Environmental Quality Review Act("SEQR"),and
WHEREAS,the Town Board has prepared an Environmental Assessment Form dated
September 13,2013 ("EAF")for the purpose of studying the potential environmental impacts
of the Proposed Action,and
20
September 18, 2013
WHEREAS,the Town Board has determined that because the Proposed Action would be an
amendment to the Town's zoning ordinance and only the Town Board has the authority to
enact a law amending the Town's zoning ordinance,it should be the Lead Agency(as that term
is defined in SEAR)for the SEAR review of the Proposed Action.
NOW THEREFORE, BE IT
RESOLVED,that the Town Board designates itself as the Lead Agency for the SEAR review of
the Proposed Action,and
BE IT FURTHER
RESOLVED,that the EAF is accepted as adequate with respect to its scope and content for the
purpose of commencing public review only,and
BE IT FURTHER
RESOLVED,that the Town's Environmental Officer is directed to send notice of the Town
Board's decision to act as Lead Agency for the SEAR review of the Proposed Action,together
with copies of this resolution and the EAF to the agencies which the Town Board has identified
on the last page of the EAF as either an interested or an involved agency and advise those
agencies in that notice that unless one or more of them notify the Town Board within 30 days
from the date that notice is sent that it or they wish to act as Lead Agency for the SEAR review
of the Proposed Action,the Town Board will confirm the designation of itself as the Lead
Agency for the SEAR review of the Proposed Action.
The above resolution was put to a roll call vote:
Elkind Eney Aye
Katz Aye
Odierna Aye
Wittner Absent
Seligson Aye
10. Approval of Certiorari
On motion of Councilwoman Elkind Eney,seconded by Councilman Odierna,it was
RESOLVED,that the Town Board hereby authorizes the settlement of the following tax
certiorari on the following terms:
Premium Point Company
Premium Point
Block: 508 Lots: 47,62,88, 107 and 112
Town of Mamaroneck
Block 508 Lot 47:
Year Assessment Amount of Reduction Reduced Assessment
2009 $6,500 $3,580 $2,670
2010 $6,500 $3,335 $2,915
2011 $6,500 $3,350 $2,900
2012 $6,500 $3,600 $2,650
Block 508 Lot 62:
Year Assessment Amount of Reduction Reduced Assessment
2009 $7,400 $4,220 $3,180
2010 $7,400 $3,930 $3,470
2011 $7,400 $3,950 $3,450
2012 $7,400 $4,250 $3,150
Block 508 Lot 88:
Year Assessment Amount of Reduction Reduced Assessment
2009 $1,600 $965 $635
21
September 18, 2013
2010 $1,600 $910 $690
2011 $1,600 $910 $690
2012 $1,600 $970 $630
Block 508 Lot 107:
Year Assessment Amount of Reduction Reduced Assessment
2009 $750 $495 $255
2010 $750 $470 $280
2011 $750 $475 $275
2012 $750 $500 $250
Block 508 Lot 112:
Year Assessment Amount of Reduction Reduced Assessment
2009 $13,950 $7,970 $5,980
2010 $13,950 $7,430 $6,520
2011 $13,950 $7,465 $6,485
2012 $13,950 $8,020 $5,930
The above resolution was put to a roll call vote:
Elkind Eney Aye
Katz Aye
Odierna Aye
Wittner Absent
Seligson Aye
11. Salary Authorization—Recreation
On motion of Councilman Odierna,seconded by Councilwoman Elkind Eney,it was
RESOLVED,that the Mamaroneck Town Board does hereby approve of the following salary
authorizations as approved in the 2013 Town Budget as follows:
INSERT PAY T
The above resolution was put to a roll call vote:
Elkind Eney Aye
Katz Aye
Odierna Aye
Wittner Absent
Seligson Aye
12. Amend Budget Calendar Dates
On motion of Councilman Odierna,seconded by Councilwoman Elkind Eney,it was unanimously
RESOLVED,that the Mamaroneck Town Board does hereby amend the 2014 Budget
Calendar as follows:
Tuesday October 29,2013—RESCHEDULED to—Monday October 28,2013
APPROVAL OF MINUTES
On motion of Councilwoman Katz,seconded by Councilwoman Elkind Eney,it was
unanimously
RESOLVED,that the Mamaroneck Town Board does hereby approve
the Board Minutes from the Meeting of August 14,2013.
WRITTEN COMMUNICATIONS
22
September 18, 2013
None
REPORT OF COUNCIL
Councilman Odierna attended the Mamaroneck Chamber of Commerce Meeting at which they discussed
various items including the upcoming Halloween event,and the 'Camp Out'at Harbor Island.On
September 12 he attended the Greek Festival at the Holy Trinity Church.Councilman Odierna noted that he
discussed the local Interfaith Council with representatives of Trinity Church and hopes a new relationship
will be formed among the Interfaith Council.Councilman Odierna attended the 911 Ceremony at the Girl
Scout Rock and attended the Ribbon Cutting for Veteran Housing in Mt.Vernon.The Fire Department put
on a very nice Surf&Turf Event on September 7`"at the Weaver Street Fire House.At the recent Summit
Meeting State Senator George Latimer gave an excellent presentation on taxes.
Councilwoman Elkind Eney reported that although the Recreation Commission did not hold a Meeting she
was briefed on their activities,including that on October 15`the rink will open for the season.At the recent
Library Board Meeting she attended they discussed the Library Roof.Councilwoman Elkind Eney attended
the Board of Architectural Review at which they discussed the signage for the new restaurant, Madison
Kitchen, noting that the Chef is very excited to be having his Grand Opening on Monday.She attended the
Human Rights Committee Meeting and reports that they are continuing their work on preparing for the
Martin Luther King,Jr. Event in January 2014.The Mamaroneck Shares has held a few more wonderful
events since she last reported.Councilwoman Elkind Eney seconded Councilman Odierna remarks on the
great presentation by George Latimer at the Summit.
Councilwoman Katz reported that for those who missed the Summit the presentation can be viewed on
LMC-TV. At the recent Planning board meeting they closed the public hearing on the proposed Durham
Road Subdivision. They now have 62 days from that date to make a decision on whether this will be
approved.
Supervisor Seligson reported that the Sustainability Collaborative is embarking on creating a Sustainability
Plan,and they are beginning to talk about the process. Residents interested in being involved should call
her Office. Supervisor Seligson thanked everyone involved in the 911 Services,especially the local Fire
Departments'and the Ambulance District.
Councilwoman Katz added that the Town is currently considering an update to the web-site and all
residents are encouraged to complete the on-line survey available on the Town's web site.
ADJOURNMENT
On motion of Councilwoman Elkind Eney,seconded by Councilwoman Katz the meeting was unanimously
adjourned at 9:40PM
Submitted by
Christina Battalia,Town Clerk
23
September 18, 2013
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