HomeMy WebLinkAbout2023_03_01 Town Board Minutes o
_ ��9_1_ Town of Mamaroneck
// Town Board Minutes
m Wednesday, March 1, 2023, Courtroom, Second Floor of
n Town Center 5:00 PM
FOUNDED 1661
PRESENT: Jaine Elkind Eney, Town Supervisor
Abby Katz, Councilwoman
Sabrina Fiddelman, Councilwoman
Jeffery L. King, Councilman
Robin Nichinsky, Councilwoman
Paul Creazzo, Police Chief
ABSENT:
ALSO PRESENT: Allison May, Town Clerk
Meredith S. Robson, Town Administrator
Connie Green O'Donnell, Deputy Town Administrator
Robert P. Wasp, Town Engineer
William Maker Jr., Town Attorney
5:00 PM THE TOWN BOARD WORK SESSION
CALL TO ORDER
WORK SESSION ITEMS
1. Discussion - Tree Law
The Board discussed several changes and corrections to the Town's proposed new
Tree Law, covering items 207-7 (A) 'Tree Replacement' through 207-11 in the Town's
current Tree Law.
2. Discussion - Larchmont Public Library: Proposed Operating Budgets for Fiscal
Year 2022/23
Additionally Present: Lauren Gottfried, Library Chair, Laura Eckley, Library Director,
and Library Board Members Barbara Flickinger and Jill Brennick.
Lauren Gottfried, Larchmont Public Library (LPL) Chair, began the presentation on the
LPL's proposed budget for Fiscal Year (FY) 2023/24 in the amount of $2,438,190, a
1 .6% increase over the current year's budget. The LPL is funded primarily through
transfers from the Village of Larchmont and the Town of Mamaroneck. Their proposed
budget anticipates a 2.2% increase in those transfers for FY 23/24. The LPL feels that
this proposed budget will allow the LPL to continue providing an exceptional level of
service to our community while being fiscally responsible.
The 2.2% funding increase requested, is slightly higher than the Larchmont Library's
projected 1.6% expense increase due largely to the planned reduction of contributions
from the LPL's fund balance, consistent with the Library's Fund Balance Policy, from
$40,000 in FY22/23 to $30,000 in FY23/24.
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March 1, 2023
The Library Director mentioned that they revised their budget from a projected 2.5%
to 2.2% increase, as per the Village of Larchmont's request. To get there, they were
able to save $3,500 in Health Insurance due to changes in enrollment and $3,500 in
salary, which will eliminate the summer internship program. They have not had this
seasonal summer help since the pandemic hit. Many of their current staff started as
summer interns, and the Larchmont Library believes they offer a valuable long-term
benefit by offering the first and last employment for some in our community. Town
Supervisor Elkind Eney suggested that next year we return to holding a joint
presentation on the Larchmont Library's budget together with the Village of
Larchmont, as was done prior to COVID, so that these policy decisions could be
discussed.
The Library Chair pointed out that expenses increased 1.6% in the proposed budget.
The increase is largely due to utilities, as well as an increase in the Larchmont
Library's projected contribution to the NYS Employee Retirement System for FY23/24.
The Larchmont Library's projected expenses for salaries and health insurance have
decreased, despite a 13% increase in health insurance premiums and contractual
increases to salaries. The Library Director added that one senior staff member retired,
and another moved away to get married. Both were replaced by women that
graduated from Mamaroneck High School, and both had done did internships at the
Larchmont Library. She stated that the Larchmont Library's expenditures on library
materials will remain at about the same level, with the shift to eBook and eAudio
materials continuing in 2023. They are no longer purchasing audio CD's and have cut
the DVD line as well, while moving their investing to streaming.
For FY 23/24, the Town's apportionment (58%) is projected to increase by $29,478 to
$1,369,373.
Councilman King noted that without the recently installed BMS system the Larchmont
Library's heating and cooling costs would be far worse. The new system does a better
job of heating and cooling more efficiently, so he was thankful for their foresight and
planning.
The Library Director mentioned that the LPL's Lower Level reopened in the spring of
2022, fully restored from the damage incurred by Hurricane Ida. The Lower Level is
now a bright, fully up to date, much sought after work location for the LPL's patrons.
As the LPL's services returned to normal over the past two years, the Larchmont
Library's patrons have returned with enthusiasm. The LPL offers high quality
programs for all ages. In particular, the LPL's children's department is busy all day,
every day and even evenings, the LPL having reopened two evenings a week.
The Library Director was pleased to announce the return of the LPL's Museum Pass
Program, including passes now available to Caramoor, the Intrepid and Storm King,
which is sponsored by the Friends of the Library. In addition, the LPL is now offering
free digital access to the New York Times, also thanks to Friends of the Library. The
LPL remains among the busiest and most cost-effective in Westchester.
Councilwoman Katz asked about residency requirements for the LPL's programs.
Library Director, Laura Eckley, responded that adult programs are not oversubscribed.
Kids programs are first come, first served and that has worked well for a long time.
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March 1, 2023
Councilwoman Katz asked about FCU's and Village Center room. FCU's are fan coil
units, which allow the heating and cooling to be controlled differently in different areas
of the LPL. With regards to the Village Center Room, the Library Director confirmed
that Larchmont Village is indeed using the room and paying for that service. The cost
of taking on the room was $12,000. Larchmont Village used the Room approximately
10% of the allowable time, so the LPL charges the Village of Larchmont $1,200 per
year for the use of the room. Others, including the French American School frequently
rent the room, so the LPL is nearing the $12,000 mark to breakeven now. Town
Supervisor Elkind Eney requested an update on the costs, and the LPL agreed to
follow up on the allocations (it was based on square footage).
The Larchmont Public Library thanked the Town Board for their continued support of
the Larchmont Public Library, and the Town Board thanked the Larchmont Public
Library for the valuable services they provide.
3. Discussion - Amendment to the Mamaroneck Code to Allow Non-residents to
Purchase Permits to Park Overnight in Parking Lot C
The Town Clerk explained she had contacted the Coughlin Group regarding making
overnight parking permits in Parking Lot C available to non-residents and had been
requested to provide verbiage for a letter providing that allowance. The Town Board
deferred setting a Public Hearing on this item to the March 15th Board Meeting.
4. Discussion - Madison Avenue Streetscape Design
Town Supervisor Elkind Eney mentioned that we received a $1 million Environmental
Facilities Corporation (EFC) grant a few years ago. We've been deferring that EFC
grant while we apply for roundabout grants. The Town Supervisor proposed that the
Town start the design process for the Madison Avenue Streetscape Design at the
same time as we work on another grant application for a roundabout. The engineering
consultants informed the Town that the construction documents would be ready in
July. The only question is in regard to the traffic light, as that is a big-ticket item.
The Town Supervisor explained that the new grant application she is working on will
address all the needs and the entire redevelopment of the area, including the
roundabout, affordable housing, safety, and the proximity to a Federal Highway (to
allow possible funding through Transportation). The Town Supervisor has been
gathering support letters. Senate grant applications are due March 6, with the House
applications due much later. By September, we will know if the funding for a Town
grant is in the Budget Bill. Next, the Town Supervisor will garner a Statewide
Transportation Improvement Program letter from the New York State Department of
Transportation. The Board agreed they are all in support of moving forward with the
EFC grant work while the Town waits to hear about the roundabout grant.
5. Request for Executive Session
Moved by Councilwoman Katz, seconded by Councilwoman Fiddelman, the
Town Board agreed to enter into Executive Session to discuss the employment
history of a particular person or persons, and litigation with Save the Sound.
Carried
Moved by Councilwoman Katz, seconded by Councilman King, the Town Board
unanimously agreed to resume the Regular Meeting
Carried
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March 1, 2023
6. Discussion - Governor Hochul's Affordable Housing Proposal
The Town Supervisor shared the attached proposed resolution that did not make the
agenda. Because it is a lengthy resolution, the Town Board agreed to wait until the
next meeting to review in detail.
See Attachment A.
7. Discussion - Authorization of Intermunicipal Agreement (IMA) — Westchester
County Waverly Avenue Bridge Replacement
The Town Administrator introduced the Waverly Avenue Bridge Intermunicipal
Agreement (IMA) to the Town Board. The IMA provides for County funding of
$2,084,986 towards the Waverly Avenue Bridge Replacement project. At the last
Town Board Work Session, the Town Board discussed the IMA in detail and had
several questions that needed to be addressed before moving forward. As all of the
Board's questions had been resolved, the Town Board agreed to pass the
authorization to sign the IMA later this evening.
8. Discussion - Resolution Supporting the Proposed Statute that would Amend the
General Municipal Law, the Civil Service Law, the Retirement and Social
Security Law, and the Public Health Law in Relation to Emergency Medical
Services.
Town Supervisor Elkind Eney explained the resolution for the Board's consideration.
The Supervisor noted the reasons for supporting the resolution, as detailed in the
'Summary of proposed EMS Legislation' included in the agenda packet. The Town
Supervisor reiterated that like the insurance provided for our Volunteer Firefighters,
EMS access to the Town's insurance would allow the EMS workers to pay for it. The
Town would not be paying for the EMS worker's health insurance. The Board had the
one question about health benefits, but otherwise was in full support of passing the
resolution in support of the proposed statute.
9. Additions to Regular Meeting Agenda
1. The Town Board agreed to remove Affairs of the Town Item #2, to be reviewed
again at the next Town Board meeting on March 15.
2. The Board also agreed to add Affairs of the Town Item #5 Appointments to
Boards and Commissions.
10. Second Executive Session
Moved by Councilwoman Fiddelman, seconded by Councilman King, the Town
Board agreed to enter into Executive Session to discuss the employment
history of a particular person or persons, and potential litigation with
Westchester Joint Water Works.
Carried
Moved by Councilman King, seconded by Councilwoman Nichinsky, the Town
Board unanimously agreed to resume the Regular Meeting
Carried
Town Board
March 1, 2023
11. Advice of Counsel
Moved by Councilwoman Nichinsky, seconded by Councilwoman Katz, the
Town Board agreed to enter into Advice of Counsel.
Carried
On motion of Councilman King, seconded by Councilman Fiddelman, the Town
Board ended their Advice of Counsel and agreed to resume the Regular
Meeting.
Carried
12. Updates
Town Supervisor Elkind Eney mentioned the Lion's Club interest in the kiosk by Lot B
at the Larchmont Train Station. The Board briefly discussed the pros and cons of a
project at the kiosk. The Board indicated that the Lion's Club should decide on a
specific use for the kiosk and present this to the Board.
8:00 PM TOWN BOARD REGULAR MEETING
The Town Board meeting convened in the Courtroom Located on the second floor of the
Town Center. The Public was to view the meeting on cable access television (Optimum 76/
Fios 35) or on LMCMedia.org
CALL TO ORDER
The Regular Meeting of the Town Board was called to order by Supervisor Elkind Eney at
8:08 p.m.
Supervisor Elkind Eney noted that the Town Board met for a Work Session beginning at five
o'clock this evening.
SUPERVISOR'S REPORT
1.
Welcome to the March 1, 2023, meeting of the Town Board of the Town of
Mamaroneck. The Town Board met today for a Work Session here at the Town
Center in Conference Room A starting at 5:00pm, which is open to the Public.
Well, March came in like a lion.... Let's hope this was the last (and only) gasp of
winter! I want to thank our Highway Department for doing their usual outstanding job
at clearing our roads so that we can all travel safely throughout the Town.
There has been much discussion among the many municipalities here in
Westchester, and across the State, about the proposed housing plan announced by
Governor Hochul early in February. The Housing Plan, "The New York Housing
Compact", would require, among other things, all cities, towns, and villages to achieve
new home creation targets on a three-year cycle. Under certain circumstances,
downstate municipalities served by the Metropolitan Transportation Authority, such as
the Town of Mamaroneck, will have a three percent new home target over each three-
year cycle. In addition, "The Transit Oriented Development Act of 2023" would require
cities, villages, and towns to adopt land use regulations allowing for higher density
development for areas within 1/2 mile of an MTA transit station. In the case of the Town
of Mamaroneck, the requirement would be 30 residential units per acre.
Although housing is indeed in short supply and many would agree that NY is in the
midst of a housing crisis, important issues such as the "one size fits all" approach of
the Governor's Plan, the State taking control over local zoning, and exemption of
projects, under certain circumstances, from environmental review, are quite
controversial.
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March 1, 2023
Meredith and I, along with representatives of both villages and of the school district,
met via zoom with our state representatives, Shelley Mayer and Steve Otis, to
express our concerns about some of the provisions of the Governor's Housing
proposal.
The Town also joined in on a letter to the Governor with Westchester Municipal
Officials Association (WMOA) and Westchester Putnam Association of Town
Supervisors (WPATS), again expressing our concerns about the proposal as it stands
and offering suggestions for revision to her proposals.
For those of you who travel by air, good news! TSA precheck enrollment is coming to
Westchester County Airport in March. TSA Precheck is an expedited security
screening program for airline passengers who are considered low risk and who qualify
for the program. The special five-day enrollment period will be available daily from
Monday March 27 through Friday March 31 at Westchester County Airport in White
Plains from 9am to noon and then from 1pm to 5pm.
PUBLIC HEARING(S)
There was no public hearing.
RESIDENT COMMENTS
Supervisor Elkind Eney asked if anyone in the audience wished to address the Town Board.
Justin DuPree with the Larchmont Gardens Civic Association inquired about the timing of the
repair to the water main leak at Falls Road and Lakeside Drive. The Town Supervisor said
that Westchester Joint Water Works (WJWW) has a plan for that leak. WJWW is waiting for
approval from the Department of Health. Next, Mr. DuPree asked about graffiti on both the
Rockland and Weaver Street bridges. The Town Administrator shared that the Weaver
Street bridge which is maintained by the State would be cleaned soon. The Rockland bridge
is an MTA bridge, but we can check on when that will be cleaned.
Anthony Forma of Jason Lane asked for additional information on the Governor's Housing
Proposal. The Town Supervisor mentioned he (and everyone!) should sign up for the Town
newsletters and emergency alerts by going to the News and Notices button on the Town's
homepage. The Supervisor added that there is an article in her latest newsletter with a link
for more information.
STAFF COMMENTS/ PRESENTATIONS
1. Chief of Police - Paul Creazzo
Police Chief Paul Creazzo presented his quarterly report and is entered into the record
as follows:
TOWN OF MAMARONECK POLICE DEPARTMENT
CHIEF'S REPORT
2nd Half, 2022
The following is a breakdown of some of the activities of the department from July 1st to
December 31st, 2022.
OVERALL ACTIVITY
Total Calls 5629 (2022 Yearly total 11,130)
Criminal Cases 115 (2022 Yearly total 240)
Auto Accidents 111 (2022 Yearly total 195)
Medical Service Calls 339 (2022 Yearly total 627)
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March 1, 2023
In terms of crime, fraud leads the way in terms of our reported incidents. Identity theft
and check fraud account for the lion's share of our compliant reports. Residents are
encouraged to safeguard their personal identifying information. Also, when sending
checks in the mail, mail it from the Post Office if at all possible.
TRAINING ACTIVITY
The members of the Department completed the following department wide training:
• Semi-annual Firearms Qualification/Training
• Principled Policing 2 — Procedural Justice
• CPR Certification/First Aid
• 911 Diversion Training/Mental Health
Other training topics included an Armorers Course, Electric Vehicle Fire Response, Six
Datamaster recertifications, two new Breath Analysis Operator certifications, Active
Threat Integrated Response Course
COMMUNITY OUTREACH/EVENTS
• Our Child Passenger Safety Seat Technicians continue to be active. 22 seats
were installed in the second half of the year. Any resident can set up an
appointment for a seat installation by phone or email. The registration form is
posted on the Department Website.
• On August 2nd, members of the Department participated in the Village of
Mamaroneck's National Night out.
• On September 11th, Members of the Department were both honored to
participate in 9/11 Remembrance ceremonies sponsored by the Town of
Mamaroneck and Winged Foot Golf Club.
• On October 5th, Town Officers joined members of the Village of Mamaroneck PD
in National Coffee with a Cop Day at McDonald's.
• On October 8th, Police Officer DiBuono represented the department at the City of
New Rochelle's Touch-a-Truck event.
• On October 29th, Detective La Rosa and P.O. Guski attended the Central School
Scare Fair.
• On October 31st, Lt. Maher and P.O. Whitney participated in the TMFD Trick-or-
Treat event.
• On December 20th, we capped off the year with nine members of the
Department attending the annual Operation Blue Santa event at the Maria Fareri
Children's Hospital.
MISCELLANEOUS
At that point, Chief Creazzo spoke to a group of residents in attendance that lived on or
near Jason Lane in the Town of Mamaroneck. Chief Creazzo acknowledged that we
recently had three residential burglaries on or near Jason Lane. The Town of
Mamaroneck Police Department believes there are six related burglaries that occurred
in the Town during January and February. In a seventh burglary, someone entered a
house and took the keys to steal a vehicle but nothing else.
Chief Creazzo explained several ways to protect against this type of burglary. There is a
checklist for burglary prevention in the latest Supervisor's Newsletter and we will post on
the website. To help prevent these crimes, the Town has unmarked cars out on patrol
throughout the Town. If you see something, call the Police Department and we will send
a car to investigate. Chief Creazzo suggested to not let potential burglars know that you
Town Board
March 1, 2023
are not home. If you are not home, put a light on a timer and be sure to lock up and
store valuables away in hard-to-find places. Ensure no packages, mail, or newspapers
are left out, and be sure to get with neighbors to alert them to your travels. He
recommends an alarm and if you have one, be sure it is on. There is also a dark house
program, so if you have travel plans, please contact the Police in advance and they will
check on your residence while you are away. In addition, Chief Creazzo offered the
neighbors of Jason Lane a crime prevention meeting led by one of his officers, for the
entire group, or even individually in their homes.
Councilmember King added that some communities will come together to get lawn
placards or start a neighborhood watch program, as that may be another good
deterrent. Supervisor Elkind Eney thanked Chief Creazzo for his presentation. Chief
Creazzo supplied the Town of Mamaroneck Police Department's number to the group:
914-381-6100.
AFFAIRS OF THE TOWN OF MAMARONECK
1. Authorization - Larchmont Public Library: Proposed Operating Budgets for
Fiscal Year 2022/23
Town Supervisor Elkind Eney proposed the resolution in support of the Larchmont
Public Library's Proposed Operating Budget for Fiscal Year 23/24, noting the
proposed contribution from the Town would be $1,369,373, an increase of$29,478.
Moved by Councilwoman Fiddelman, seconded by Councilman King, it was
Resolved that the Town Board hereby approves the 2023/24 budget for the
Larchmont Public Library.
Carried
2. Parking Lot C - deferred to the Town Board meeting on March 15, 2023
3. Authorization - Authorization of Intermunicipal Agreement (IMA) — Westchester
County Waverly Avenue Bridge Replacement
The Town Administrator introduced the Waverly Avenue Bridge Intermunicipal
Agreement (IMA) to the Town Board. The IMA is necessary for the Town to authorize
to garner $2,084,986 in funding from Westchester County towards the Waverly
Avenue Bridge Replacement project.
Moved by Councilwoman Katz, seconded by Councilman King, it was
Resolved that the Town Board hereby authorizes the Town Administrator to
sign the MA and any related documents necessary to carry out its
implementation.
Carried
See Attachment B.
4. Authorization - Resolution Supporting the Proposed Statute that would Amend
the General Municipal Law, the Civil Service Law, the Retirement and Social
Security Law, and the Public Health Law in Relation to Emergency Medical
Services.
Town Board
March 1, 2023
Town Supervisor Jaine Elkind Eney explained that by setting standards and providing
plans and benefits to EMS workers, this proposed legislation will encourage the
enrollment of people into the EMS service. This resolution supports the proposed New
York State legislation sponsored by Senator Shelley Mayer and Assemblyman Steve
Otis, that aims to ensure EMS services are deemed essential services throughout
New York State.
RESOLUTION SUPPORTING THE PROPOSED STATUTE THAT WOULD AMEND
THE GENERAL MUNICIPAL LAW, THE CIVIL SERVICE LAW, THE RETIREMENT
AND SOCIAL SECURITY LAW AND THE PUBLIC HEALTH LAW IN RELATION TO
EMERGENCY MEDICAL SERVICES
Moved by Councilwoman Nichinsky, seconded by Councilwoman Fiddelman,
WHEREAS, proposed state legislation S.4020/A.3392 entitled "An act to amend the
general municipal law, the civil service law, the retirement and social security law and
the public health law, in relation to emergency medical services" has been introduced
that would define emergency medical services as an essential service, thereby
requiring that emergency medical service be available to all residents throughout the
state; extend access to benefits available to emergency medical services personnel;
and develop plans and standards for regional and statewide emergency medical
service agencies, and
WHEREAS, the legislation amends the general municipal law to require that
emergency medical services are provided in a reliable form by all municipalities
throughout the state and be available to all state residents; and
WHEREAS, the legislation amends section 3000 of the public health law to clarify that
emergency medical services are essential services, and
WHEREAS, the Town of Mamaroneck "Town" Board recognizes the many concerns
related to the service delivery of emergency medical services throughout the county,
state, and nation involving such issues as staff recruitment and retention and the lack
of access to alternative revenues such as grants and adequate insurance payments,
training opportunities, and clear standards for EMS agencies; and
WHEREAS, emergency medical service agencies provide an essential service that
should provide equal access to those in need of their services, and also provide
essential early intervention health care to their patients; and
WHEREAS, the Town of Mamaroneck considers that this legislation is a good first
step to resolving the crisis currently facing the emergency medical service community.
NOW, THEREFORE BE IT RESOLVED, that the Town of Mamaroneck is in support
of the passage of the proposed legislation S.4020/A.3392 and
BE IT FURTHER RESOLVED, that the Town Clerk shall distribute copies of this
resolution to the NYS Governor, the Town representatives in the State Assembly and
the State Senate, and bill sponsors NYS Senator Shelley Mayer and NYS
Assemblyman Steve Otis
Carried
Town Board
March 1, 2023
5. Appointment of Larry Thaul to Housing Authority Member B
Moved by Councilwoman Nichinsky, seconded by Councilwoman Fiddelman, it was
Resolved that the Town Board hereby appoints Laurence J. Thaul to the
position of Member B on the Town of Mamaroneck Housing Authority board,
said term expiring 12/31/24.
Carried
REPORTS OF MINUTES
1. Report of Minutes for February 15, 2023
Moved by Councilwoman Fiddelman, seconded by Councilwoman Katz, it was
Resolved that the Town Board hereby approves the minutes of February 15,
2023.
Carried
REPORTS OF THE COUNCIL
Councilwoman Katz
• Announced that the Larchmont Library is participating in the Five Towns, One Book
program sponsored by CURE. They will be screening 'A Raisin in the Sun', a classic
film by Lorraine Hansberry on March 18.
• Explained that unfortunately a crosswalk does not always make sense to install,
wherever you might want one. In fact, a crosswalk can sometimes cause more traffic
problems because pedestrians believe they are safe to cross.
• Announced that on Old White Plains Road there is now a 25 mile per hour speed limit.
Councilwoman Fiddelman
• The next Larchmont Mamaroneck Local Summit meeting will feature our very own
Town Supervisor speaking on "The State of Our Local Communities: An Update from
Our Municipal Leaders", on the 14th of March at 8am via Zoom. Please visit
www.localsummitlm.org for more information or visit LMC Media to view the meetings.
Councilman King
• Confirmed the Town is still in the queue for our new fire engine, and we are now
looking at an estimated two-and-a-half year wait for our production slot. If we had not
ordered our new engine when we did, we may now be looking at a five-year wait.
• Coastal Zone met and received several petitions, which are in process.
• Summer Camp enrollment begins March 6th at 9am.
• The L'il Bunny Hop and 5K will be on April 23rd
• Escape with the Easter Bunny at the Hommocks Rink will be on April 1st.
• Renovation of Memorial Park is to be completed by the end of May, with pickleball
permits available for sale starting March 6th.
Councilwoman Nichinsky
• Nothing to report but heartbroken to find she will be missing the L'il Bunny Hop and
Spelling Bee to attend a wedding.
ADJOURNMENT
On motion of Councilman King, seconded by Councilwoman Fiddelman, the meeting
was unanimously adjourned at 9:15pm.
Carried
Town Board
March 1, 2023
Next Regularly Scheduled Meeting - March 15, 2023
Submitted by
Allison May, Town Clerk
Town Board
March 1, 2023
Attachment A
RESOLUTION regarding Governor Kathy Hochul's "New York Housing Compact" which
consists of the "New Homes Targets and Fast-Track Approval Act" and the "Transit-Oriented
Development Act of 2023"
WHEREAS,Governor Kathy Hochul's Executive Budget for the year ending in 2024 includes a
"New York Housing Compact"; which consists of the "New Homes Targets and Fast-Track
Approval Act"and the"Transit-Oriented Development Act of 2023",and
WHEREAS,the Governor claims that the"New Homes Targets and Fast-Track Approval Act"(Act)
is necessary in order to forestall restrictive land use practices that inhibit and limit housing
development,and
WHEREAS,the Town of Mamaroneck has demonstrated its commitment to affordable housing by
adding to its zoning ordinance an extensive section that provides for fair and affordable housing
(Town Code§240-28),and
WHEREAS, the Town presently is updating its comprehensive plan with a look toward increasing
the number of fair and affordable housing units that can be built within the Town,and
WHEREAS, the Act would amend General Municipal Law and override the Town's adopted land
use regulations and would delay the Town Board from finalizing an updated comprehensive plan as
the Board would have to review the plan's content with respect to zoning against the backdrop of the
Act,and
WHEREAS,the Act would require the Town to meet or exceed a Residential Dwelling Growth Target
or enact by local law two of five "preferred actions" in order comply with the Act and therefore be
deemed to be within the Act's"Safe Harbor",and
WHEREAS, the Town lacks undeveloped space and underutilized office campuses or shopping
centers that can be converted to large scale housing developments,and
WHEREAS,the Act does not consider, let alone provide solutions for, the tremendous impact that
the Act will have on the cost of the expanded municipal services, such as (1) education, (2) police,
fire,ambulance,highway and household garbage and trash removal and recycling services and(3)
upgraded or new infrastructure to prevent flooding caused by stormwater and to treat and dispose
of wastewater,all of which will be required in order to provide for the health,safety and welfare of
the residents of,persons employed by business in,and visitors to the Town,and
WHEREAS,the Act would allow the Town to appeal determinations of non-compliance with the Act
to a new State Housing Review Board that is unfamiliar with local issues and conditions, thereby
usurping the Home Rule authority of local land use boards who understand the local community,
and
WHEREAS,the"Transit-Oriented Development Act of 2023"would amend Town Law to adopt land
use regulations within three years,for higher density development for areas located within one half
1
Town Board
March 1, 2023
Attachment A (Cont'd)
mile of any publicly accessible areas of an MTA transit station;and
WHEREAS,the area of the Town closest to Metro-North's Larchmont train would fall into Tier 1 of
transit-oriented development,requiring aggregate development of 50 residential dwelling units per
acre within a 1 mile of that train station;and
WHEREAS,the majority of the property in the Town that is closest to Metro-North's Larchmont train
station already is improved with,and zoned for multi-family housing,and
WHEREAS,the buildings in the densely developed area near the Larchmont train station either are
relatively new,like the Cambium,or in good physical condition,making it infeasible for a developer
to pay to demolish them in order to build housing with greater density,and
WHEREAS, the new amended Town Law would require create exemptions from environmental
review under the State Environmental Quality Review Act which would prevent the Town and its
land use boards from taking responsible study and evaluation of proposed development on the
existing and proposed road network,on volunteer emergency services,on police and fire department
staffing, on the numbers of employees and volunteers needed for the ambulance corps, on the
number of employees needed to provide household garbage and trash removal and recycling
services, on the ability of the school district to absorb new students, on the need for new school
buildings to be constructed,on traffic and on street parking and other matters that are evaluated for
their potential impact on the environment,and
WHEREAS,the new amended Town law would prohibit municipalities from adopting reasonable
and appropriate development regulations to ensure that development is compatible with the
surrounding uses, such as lot coverage, open space, building height, setbacks, floor area ratios or
parking restrictions;and
WHEREAS,the Town shares many of the same goals as the Governor but considers the adoption
of one set of rules for each of the 40 cities and 1,481 towns and villages of the State of New York as
completely ignoring the unique characteristics of each community,and
WHEREAS, the residents of the Town will be disenfranchised since the Act in many ways will
circumscribe the power of their local elected officials and local land use boards,and
WHEREAS,the Town Board is concerned that the Act and the "Transit-Oriented Development Act
of 2023" can have the untended consequence of providing a mechanism for people to earn huge
profits without providing lower cost housing,and
WHEREAS,the Town Board finds that as a whole,the Act and the"Transit-Oriented Development
Act of 2023"do not consider significant,legitimate concerns of local governments.
NOW THEREFORE,BE IT
RESOLVED,that the Town of Mamaroneck is adamantly opposed to the"New Homes Targets and
Fast-Track Approval Act"and the"Transit-Oriented Development Act of 2023",and
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Town Board
March 1, 2023
Attachment A (Cont'd)
BE IT FURTHER
RESOLVED, that the Town Clerk distribute copies of this resolution to the Governor,to the Town s
representatives in the State Assembly and the State Senate,to the State Senators and the Members of
the State Assembly who sponsored these Acts and to the Westchester Putnam Association of Town
Supervisors.
The above resolution was put to a roll call vote:
Nichinsky
King
Fiddelman
Katz
Elkind Eney
February 24,2023
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Town Board
March 1, 2023
Attachment B
INTERMUNICIPAL AGREEMENT
An Agreement between the Town of Mamaroneck, a municipal corporation existing
under the laws of the State of New York with offices at 740 West Boston Post Road,Mamaroneck,
New York 10543("Town")and the Village of Larchmont,a municipal corporation existing under
the laws of the State of New York with offices at 120 Larchmont Avenue,Larchmont,New York
10538("Village").
Recitals
Whereas, the Town and the Village fund the operation of the Larchmont Mamaroneck
Joint Garbage Disposal Commission("Commission"), and
Whereas, the Town and the Village wish to establish a formula to calculate the amount
each of them will be required to contribute for the operation of the Commission in 2023.
Now,therefore,in consideration of the terms and conditions herein contained,the parties
agree as follows:
First: (a)The Town shall contribute fifty-nine(59%)percent of the cost for operating the
Commission in 2023.
(b) The Village shall contribute forty-one(41%)percent of the cost for operating
the Commission in 2023.
Second: This Agreement shall expire without the parties taking any further action on
January 1,2024.
Third: Before executing this Agreement,
(a) the Town consulted with,and received advice regarding the meaning of,and
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Town Board
March 1, 2023
Attachment B (Cont'd)
the ramifications to the Town entering into,this agreement from its attorney,William Maker,Jr.,
and
(b) the Village consulted with, and received advice regarding the meaning of, and the
ramifications to the Village entering into,this agreement from its attorney,James Staudt.
Fourth: (a) The Town represents to the Village that the Town Board has passed a
resolution authorizing the Town Administrator to sign this agreement on behalf of the Town.
(b) The Village represents to the Town that its Board of Trustees has passed a
resolution authorizing the Village Administrator to sign this agreement on behalf of the Village.
Fifth: This agreement may be executed in one or more counterparts,each of which shall
be considered an original. Facsimile signatures or signatures that are transmitted electronically
shall be considered original signatures.
Sixth: Whenever required or appropriate, words in the singular number shall be
construed as if they were in the plural number.
Seventh: This agreement shall be governed by and construed in accordance with the laws
of the State of New York without regard to principles of conflicts of law.
In Witness Whereof, the Town and the Village have agreed to the terms and conditions
set forth therein.
Town of Mamaroneck
By:
Meredith S. Robson,Town Administrator Date
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Town Board
March 1, 2023
Attachment B (Cont'd)
Village of Larthmont
By:
Justin Datino,Village Administrator Date
January 13,2023
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