HomeMy WebLinkAbout1998_04_22 Town Board Minutes MINUTES OF THE REGULAR MEETING OF THE TOWN BOARD
OF THE TOWN OF MAMARONECK AND THE BOARD OF FIRE
COMMISSIONERS HELD ON APRIL 22, 1998 AT 8:15 PM IN THE
COURT ROOM OF THE TOWN CENTER, 740 W. BOSTON POST
ROAD, MAMARONECK, NEW YORK
PRESENT:
Supervisor: Elaine Price
Councilman: Paul Ryan
Councilman: Barry Weprin
Councilwoman: Phyllis Wittner
Councilwoman: Valerie M. O'Keeffe
ALSO PRESENT:
Patricia DiCioccio, Town Clerk
Stephen V. Altieri, Town Administrator
Charlene Indelicato, Town Attorney
CONVENE EXECUTIVE SESSION
The Board convened into an Executive Session at 7:00 PM in Conference Room A of the
Town Center to discuss personnel and litigation.
On motion duly made and seconded the Board adjourned at 8:15 PM to reconvene the
regular meeting in the Court Room.
CALL TO ORDER
The Regular meeting of the Town Board was called to order by Supervisor Price at 8:20
PM, who then pointed out the location of exits.
The Supervisor said that Councilwoman O'Keeffe would probably be arriving soon.
There had been a death in her family, but she was flying back and was due in
momentarily.
Eugene McGuire asked if he could be updated on the sound barriers. The Supervisor
said that a letter had been written by Chris Waite of the Thruway Authority recommending
that concrete barriers for Northbrook and Harmon Drive be put on the top of the list and
made a priority. The list has to be signed off on by Mr. Platt, which is expected to happen
by the end of the week. She said that overall, we are number three on the list, number
one in Westchester, in terms of time, that means those barriers should be done by the
summer of next year which is in writing. She suggested that thank you and follow-up
letters be sent - especially so that we be kept informed on the design.
Mr. McGuire thanked her for all the help that has been given on this matter.
Councilman Weprin stated that he did not think it's fair for Mr. McGuire to just show up
and be expected to be heard at every meeting on this matter. It's not on the agenda and it
takes up a lot of the Board's time. He requested that discussions be held at the
appropriate time on the agenda.
Supervisor Price said that anyone may come to any meeting to be heard, but they may
have to wait.
Mr. McGuire explained that he had spoken to the Supervisor's secretary who had
informed him that this item was on the agenda, or that it might be discussed.
APRIL 22, 1998
The Supervisor thanked him for coming and said that she definitely would keep him
informed about the barriers.
AFFAIRS OF THE TOWN
1. Appointments -Watershed Advisory Committee 4
- Traffic Committee
Councilwoman Wittner said that it was with great pleasure that she nominated Howard
McMichael, from the Town to Watershed Advisory Committee 4. She said that he has a
long history of involvement having served on many committees, such as the Coastal
Zone Management, he is well-qualified for this position. Councilman Ryan, added that
he could think of no one more deserving of the nomination.
On motion of Councilwoman Wittner, seconded by Councilman Ryan, it was
unanimously
RESOLVED, that the Town Board does hereby appoint Howard
McMichael, 14 South Drive, as a member of Watershed Advisory
Committee 4, effective immediately.
Then Councilwoman Wittner submitted Wallace Irwin's name as the second
appointment to this committee, saying he was equally qualified, having served on
virtually every environmental committee in the Town.
On motion of Councilwoman Wittner, seconded by Councilman Ryan, it was
unanimously
RESOLVED, that the Town Board does hereby appoint Wallace
Irwin, One Summit Avenue, as a member of the Watershed
Advisory Committee 4, effective immediately.
Traffic Committee
Supervisor Price said that Councilwoman O'Keeffe had proposed Donald Derrico for
this opening. She said Donald was an Attorney that has been involved in community
affairs.
Councilman Weprin said that he would be an excellent addition to the traffic
committee, then on his motion, seconded by Councilwoman Wittner, it was
unanimously,
RESOLVED, that the Town Board does hereby appoint Donald G.
Derrico, 110 Laurel Avenue, as a member of the Traffic
Committee, said term commencing immediately, expiring
January 1999.
Councilwoman O'Keeffe arrived at this point of the meeting.
2. Appeal of Tree Permit - Griffen Avenue - Block 305, Lot 903.2
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APRIL 22, 1998
A communication was received by the Board from Ronald Carpaneto, Building
Inspector, stating that it had been brought to his attention by letter received April 13
1998, dated April 7, 1998, that Mr. Weisfeld of 109 Griffin Ave wishes to appeal to the
Town Board the decision of the Tree Commission granting a permit to remove trees at
the above-mentioned address. His comments are as follows:
1. The Building Department received an application for a permit to remove trees
on March 25, 1998, pursuant to Chapter 207 of the Code of the Town of
Mamaroneck; a) letter from Robert Funicello, Esq.; b) Tree Permit; c) Tree
Plan; d) Certification. On April 1, 1998 a site inspection was conducted by the
Environmental Coordinator, James Athey, and Building Inspector, Ronald
Carpaneto, at which time it was deemed appropriate that the 11 trees listed on
the plan were to be removed according to the proposed construction of the
driveway, house pool and pool deck. It was also found that an additional 7
trees would be removed due to their location in relation to the proposed
construction (all of which lie within the footprint or in very close proximity to
the proposed work).
2. As a result of the inspection, the Tree Commission agreed that 18 trees were to
be removed and that 15 trees were to be replaced, with options to the
applicant as follows:
a) 15 trees replaced - $2,500.00 bond; or
b) 12 trees replaced - $1,750.00 bond and $750.00 donation to the Tree Fund.
It would be the Tree Commission's preference that the trees be replaced on the
property (as previously recommended).
It was brought to my attention that a covenant running with the land regulates
construction to be no closer than 18 feet to the boundary between lots 1 and 2 (our
zoning code allows construction to be a minimum of 15 feet in the side yard). I have
spoken to Frederick Zonsius, architect for the project, and he is in the process of
completing final plans that will show a reduction for a portion of the proposed
construction that will honor the 18 foot setback which is written in the covenant.
The above-mentioned letter also states that the wetlands permit has not been issued
for the project. The Planning Board issued a Freshwater Wetlands and Water
Courses permit on April 8, 1998.
The following documents are hereby entered into the official record: from Robert Funicello, Attornel
at Law, 100 Mamaroneck Avenue, Mamaroneck, NY 10543
April 7, 1998
Certified Mail- Return Receipt Requested
Ronald A. Carpaneto, Director of Building
Town of Mamaroneck
740 West Boston Post Road
Mamaroneck, NY 10543
RE: Block 305 Parcel 903.2, Griffen Avenue, Town of Mamaroneck
Dear Mr. Carpaneto:
This office represents Barry Weisfeld, who resides at 109 Griffen
Avenue, Mamaroneck, New York. Mr. Weisfeld, hereby appeals to the
Town Board the decision made by the Tree Commission granting a
permit to remove trees on the above referenced property.
In summary, the basis for Mr. Weisfeld's appeal is that the plan
submitted by Bobby Ben Simon for the development of the above
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APRIL 22, 1998
referenced property cannot go forward as submitted for several
reasons and, therefore, a tree removal permit based upon such plan
should not be issued. The submitted plan must be revised because:
1. The plan shows a setback from my client's property line for the
new home of 15 feet whereas the required setback under a covenant
running with the land is 18 feet(copy enclosed). For this reason
alone the proposed structure cannot be built as shown on the
submitted plan and will have to be relocated. Any application for tree
removal based upon the submitted plan is inaccurate and may result
in the unnecessary removal of trees (see copy of survey enclosed);
and
2. The applicant has not been granted a wetlands permit under the
town wetlands law and the application submitted for that permit is
incomplete and defective for the reasons set forth in the attached
correspondence addressed to the Planning Board. For this reason
any tree removal permit based upon the present plan would be
premature and could well result in trees being removed unnecessarily
and land disturbance in wetlands or controlled areas without a
required wetlands permit.
In view of the foregoing the application for a tree permit should be
denied as premature and based upon inaccurate and incomplete
plans.
Very truly yours,
Robert Funicello
AMENDED CERTIFICATION
As Chair Person of the Planning Board of the Town of Mamaroneck, I
hereby certify that the following is the Resolution adopted by the
Planning Board at the meeting held on April 8, 1998.
FRESHWATER WETLANDS AND WATER COURSES PERMIT
BEN-SIMON
WHEREAS, Bobby Ben-Simon has applied for a permit pursuant to
Mamaroneck Town Code Chapter 114 for the premises located at Lot
No. 903.2 Griffen Avenue and known on the Tax Assessment Map of
the Town of Mamaroneck as Block 305 Lot 903.2; and
WHEREAS, this Planning Board has previously determined that the
proposed action is an unlisted action for purposes of SEQRA and, at
the meeting held on March 11, 1998, adopted a negative declaration;
and
WHEREAS, the Consulting Engineer to the Town has submitted
written comments and recommendations to the Planning Board
regarding this application; and
WHEREAS, this Planning Board has determined, pursuant to
Mamaroneck Town Code Chapter 114, that the activity Proposed is of
a minor nature and is compatible pursuant to 6 NYCRR 665.7, and
WHEREAS, a Public Hearing pursuant to Mamaroneck Town Code
Chapter 114 having been held on March 11, 1998;
NOW, THEREFORE, BE IT RESOLVED; that this Board makes finds as
follows:
1. The activity proposed is of such a minor nature as not to effect or
endanger the balance of systems in a controlled area. In particular,
the Board finds that project construction will not take place in the
flood plain, bridge abutments are not proposed within the limits of the
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APRIL 22, 1998
stream banks, and the proposed construction will take place at the
greatest feasible distance from the stream. In addition, the proposed
storm water collection and dry well system will result in there being
no net increase in runoff from the site, and the applicant has
consented to certain requests made by the Board, including the use of
paving stones set in sand bedding in appropriate portions of the of
the driveway area, the reduction in length and pitch of the driveway,
and the minimization of tree removal. The Board also notes that tree
replacement along the brook will assist in replacing the transpiration
capacity of trees being removed.
2. The proposed activity will be compatible with the preservation,
protection and conservation of the wetland and its benefits, because
(A) the proposed activity will have only a minor impact, for the
reasons described above, (B) it is the only practical alternative for the
site, and(C) it is compatible with the economic and social needs of
the community and will not impose an economic or social burden on
the community. In support of this finding, the Board notes that the
applicant has satisfactorily minimized the creation of impervious
surface and that, as confirmed by the Town's Consulting Engineer,
there will be no net increase in storm water runoff from the site at the
conclusion of construction. Finally, the Board finds that a house of
the proposed size is consistent with the character of the surrounding
area and appropriate for this parcel, and that the construction of a
house on this parcel is the only feasible use of the land, given zoning
and surrounding uses. Moreover, since there will be no increase in
net runoff, there is no justification for requiring that the house be
smaller.
3. The proposed activity will result in no more than insubstantial
degradation to, or loss of any part of the wetland because of the minor
impact of the activity and the protective conditions imposed by this
resolution.
4. The proposed activity will be compatible with the public health and
welfare, for the reasons stated above.
BE IT FURTHER RESOLVED, that the application of Bobby Ben-Simon
for a permit, pursuant to Local Law#7 of 1986, be and it hereby is
GRANTED subject to the following terms and conditions:
1. This permit is personal to the applicant and may not be
transferred to any other individual, entity or combination
thereof,
2. All debris is to be removed prior to the completion of the
project. Construction must be in accordance with the
requirements of the Town Flood Damage Prevention Code
and the Town Erosion and Sedimentation Control Law.
3. Work involving site preparation shall only take place from
Monday through Friday between the hours of 8:30 a.m, and
4:30 p.m.
4. An energy dispersion system is proposed on the street side of
the stream. If that cannot he done, the applicant will place an
additional dry well or dispersion system on the house side of
the stream.
5. The number of trees to be planted will be recommended by
the Tree Commission and the recommendation will be
binding.
6. The permit is approved subject to the revised plan dated April
6, 1998, page 2 of 2.
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7. A cash deposit or bond, in an amount to be determined by
Malcolm Pirnie, shall be furnished to the Town by the
applicant to ensure the satisfactory completion of the project
and the rehabilitation of the affected or disturbed area.
8. This permit shall expire upon completion of the proposed
activity or one year from the date of its issue, whichever first
occurs.
Robert Funicello, said that he is the attorney representing Barry Weisfeld, the immediate
neighbor to the questioned property. He gave the Board a copy of the survey of Mr.
Weisfeld's property, and said he wished to also submit into evidence the Town's
Proclamation on Arbor Day, which supports the idea that trees are important to the
environment. Mr. Funicello said that the document that was the basis for the tree
application showed where trees were to be removed and others planted, but there is no
submission as to action they were to be removed. Changing the application as amended
to 15 trees under the tree ordinance, shows that it's not being appropriately replaced
under Section 2, 7b. impacts value, the aesthetics and financial worth of property. They
did not require enforcement to replace, did not count fully the number of trees to be
removed. He submitted a letter from a professional arborist, which indicates that cutting
and filling will impact the trees on Weisfeld's property. The third problem is that the site
plan indicates that the plan is wrong and will have to be changed. It requires an 18 foot
setback, and the current site plan shows 15 foot. The Town Board should not approve an
application that is half-baked and it should be reversed and have them submit an accurate
application.
The Supervisor asked Mr. Funicello if he thought trees would die on his clients property,
and Councilwoman O'Keeffe asked if it was known it will in fact change the grade.
Mr. Funicello replied in his opinion that it will.
Councilwoman Wittner asked if when his client built his house on the adjoining property
did they remove trees? Mr. Funicello answered yes.
Donald Mazin, Attorney, said that he had been called in by the attorneys representing the
owner of the questioned property Mr. Robert Ben-Simon, who had obtained the tree permit
for 109 Griffen Avenue. He said that the petitioner for reversal had removed 25 trees from
his property but objected to a neighbor doing the same. "There are statements being
made by attorneys, not by experts. The Tree Commission and Planning Board had
rendered the decisions based on application, a negative declaration was issued, the Army
Corps of Engineer, New York State, and the CZMC had no problem with the permit issue.
This neighbor has put up a house, tennis court, now he claims hardship, yet he took down
trees himself." Mr. Mazin then introduced Mr. Sher, another attorney for Mr. Ben-Simon.
Mr. Sher said that there seems to be a feud and we have attempted to negotiate with Mr.
Weisfeld. He said that the original plan did have a 15 foot setback, but in order to
accommodate Mr. Weisfeld, they had cut off three feet of the garage, which puts them in
full compliance. "Mr. Weisfeld requested screening and we gave him a proposal and he
rejected it. He has offered to buy the property now at cost of purchase plus a bit of
profit."
Supervisor Price had a question on the location of the line of trees on the map and asked
if it could be more clearly defined for her. Following his pointing out the location on the
map, Mr. Sher then continued that they had tried to appease and settle neighbor
concerns.
Mr. Senor, engineer for the property and the architect, Mr. Zonzias, then were introduced
and explained that the site plan now does have an 18 foot setback. The driveway and
grades as shown on the plan, have been made to flow as closely as possible to the
present grade and that the grading will not impact the adjacent property negatively; five
feet of clearance has been left to keep this as close to existing as possible. There is a line
of trees between the driveway and pool, and trees were located very accurately along the
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APRIL 22, 1998
fence as a reference point. The fence corner is only 2.5 feet from the property line and
that means the trees are encroaching on the Ben-Simon property.
Councilwoman O'Keeffe asked in what way is there encroachment by the trees. Mr. Senor
said the trunk of a tree was encroaching. "But the issue is how can we be impacting his
property? We redesigned the driveway and are using only topsoil in order not to affect
trees. The building has been cantilevered leaving it more picturesque."
Mr. Zonzias said at the Planning Board meeting on the removal of trees, they changed
runoff and the capture of water, which was critical down by the brook, which is what the
Planning Board was more concerned about. Any other trees in that area would be taken
down anyway because of construction.
The Supervisor asked if anyone else wished to speak. Mr. Ben-Simon requested to be
heard, saying that he had tried to be accommodating and had gone to great costs in doing
so, which included having zero runoff.
Barry Weisfeld said that he felt that his character was being put into question, rather than
sticking to the issue of trees and that he was not sure how many trees were being
removed, but when he developed, he improved the value of the property and that was his
concern now.
Eugene Kaplan, 7 Split Tree Road, said that his property, and that of his neighbor on 5
Split Tree Road, border this property at the rear. He said they had lived there 30 years
and knows that the questioned property is a bog, the only way which it can be developed
is by changing the grade by building it up substantially. He said that since they live
downstream the water would then be directed towards their properties rather than the
brook. Mr. Kaplan added that many more trees that don't appear on the map will have to
be destroyed, and the appearance of the property will be drastically altered.
Supervisor Price asked him if he knew for sure that not all the trees to be removed are on
the map. Mr. Kaplan said he can see one.
The Supervisor asked him again if there are trees there that are to be removed that are
not marked on the map, specifically asking "are you saying what is marked here is not
accurate?"
Mr. Kaplan replied that he was not sure, that an oak is not accurate, the rest may or may
not be accurate.
Mrs. Kaplan, 7 Split Tree Road, said that a lot of the smaller trees on the property, when
added up will impact the absorption; the dry well replacement will not hold up over a
period of time, they become ineffective. More and larger trees should be considered.
The Supervisor then introduced James Athey, the Town's Environmental Coordinator who
also serves as a staff representative on the Tree Commission. She asked him if there had
been any deviation to procedures on this application and to go over the procedure for tree
applications.
Mr. Athey said there had been no deviation. Then he explained that the site plans when
submitted are looked at by the Commission and then a visit is made by himself and the
Building Inspector and the trees are matched up with the site plan. In this application,
they had recommended 15 replacement trees, which was as many as they could
recommend. The root systems will build up over years and as far as absorption relating to
the capacity of trees, they rely on Malcolm Pirnie engineers, who take perk tests, measure
rainfall, and other calculations. With this, the dry well seemed appropriate and
replacement trees of 2 to 2.5 inch diameter in size.
Supervisor Price asked if the diameter is the same as has been done in other
developments, to which Mr. Athey replied yes.
Councilwoman Wittner asked if shrubs had been recommended as well, and if anyone else
from the Tree Commission had visited the site. Mr. Athey replied no to both questions.
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APRIL 22, 1998
Mr. Funicello then stated that the issue should be about trees and he took exception to
comments made related to personalities by Mr. Ben-Simon's attorneys. He then added
that Mr. Senor was very entertaining, but that the original plans had only a 15 foot set
back instead of the required 18 feet. The land is in a critical environmental area, and the
driveway profile shows an extensive amount of fill.
The Supervisor asked how much fill was being talked about. Mr. Funicello replied that
three feet of fill throughout is extensive fill. Filling will effect trees on his client's property.
He said neighbors here tonight had said that there are other trees that are not shown on
the plans. There is plenty of room for more trees and that should be considered.
Supervisor Price asked if a proposal for more trees had been rejected. There was no
answer. She then asked if there was an offer made.
Mr. Funicello and Mr. Weisfeld, said that there had been a conversation with
representatives, but they knew nothing about a proposal for trees that was rejected.
The architect for the project, Mr. Zonzias, then stated that he draws correctly and
everything is accurate. Soil to make the driveway level would have been much cheaper,
to drop the elevation and not bring fill in would have been less costly, but to minimize
impact he did it this way, including adding more shrubs to the rear of the property which
borders Split Tree Road.
Attorney Donald Mazin, said to sum up, "there is an assumption of law that everything was
correct. The members of the Tree Commission said everything was on the up and up. It
was up to the appellant to establish that something was wrong, which was not done. We
are prepared to negotiate, they are not interested".
Ms. Indelicato, the Town Attorney, in reply to a question explained that to overturn the
decision of the Tree Commission, the Board will have to find they had acted capriciously.
Mr. Weisfeld said that he had been here 20 years, and that the one acre property on
Griffen had laid open for 3 1/2 years. Many builders had seen the difficulty building near
the Sheldrake. His concern is for his property, neighborhood and the Town. What
happens when we get hit with problems; lets take a look at the long-term affect on the
Town and river.
The Supervisor said that there would be a brief adjournment to read over the paperwork.
When reconvened, Supervisor Price stated that everyone had been well-represented and
that it was regretful that two neighbors are starting out this way, and hoped that it can be
worked out. She said that the Board's decision would be based on review, which included
that there was a standard, and there has been nothing to show that there was a deviation
from the decision of the Tree Commission. The tree replacement is reasonable, there are
additional shrubs, water issue has been well-covered, ordinance requirements have been
met. Motion to not overturn.
Ms. Indelicato said that the Board findings show that this has gone through and been
looked at in totality by all appropriate Boards and Committees, the criteria of the Tree
Commission has been met and on a reasonable basis. We have heard testimony in
support that this has all been met and the determination by the Commission is within
criteria and purpose of law.
Ms. Indelicato then read the following sections of the Town of Mamaroneck's Tree
Ordinance into the record:
207-1. Findings; purpose
The destruction or damage to shade, ornamental and evergreen trees and plants and the
indiscriminate and excessive cutting of these trees in subdivisions and on private
property causes barren and unsightly conditions, creates increased surface drainage
problems, increases municipal costs to control drainage, impairs the stability and value of
improved and unimproved real property and causes deterioration to the community which
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APRIL 22, 1998
adversely affects the health, safety, environment, ecosystems and general welfare of the
inhabitants of the Town of Mamaroneck. This chapter seeks to correct these conditions.
207-4. Criteria for removal of trees.
A. Permits for the removal of trees may be granted under the following circumstances:
(1) If the presence of trees would cause hardship or endanger the public or the
person or property of the owner.
(2) On property to be occupied by buildings or structures, within a distance of ten
(10) feet around the perimeter of such building or structure, depending upon
tree species and conditions to be determined by the Tree Preservation
Commission.
(3) If the trees substantially interfere with a permitted use of the property, and the
removal of the trees shall be performed in a selective manner.
(4) If the property shall have an approved cut or fill of land deemed by the Tree
Preservation Commission to be injurious or dangerous to the trees.
(5) Where the trees to be removed are dead or so substantially diseased that, in the
opinion of the Tree Commission, the tree constitutes a potential danger.
[Amended 2-6-1991 by L.L. No. 1-1991]
B. The determination of the Tree Preservation Commission shall be final and shall
depend upon the species of the tree, the degree of injury and the likelihood of the
survival of the tree and consideration of the general welfare and the overall
environment of the area. except that it shall be subject to such review as is
authorized by 207-61 1.
Then on motion of Councilman Ryan, seconded by Councilwoman Wittner, it was
unanimously
RESOLVED, that the Town Board does hereby uphold the
decision of the Tree Commission on the Application submitted
for property located on Griffen Avenue, Block 305, lot 903.2.
Councilwoman O'Keeffe said that she is assuming that the 15 to 18 foot setback issue is
met.
Councilwoman Wittner said that this matter was discussed for hours at the CZMC. All
CZMC requests were included, the driveway was discussed and the applicant agreed to
using pavers, an expensive inclusion, which Mr. Ben-Simon agreed to.
The Supervisor thanked everyone for attending and for their concern.
3. Authorization - Easement Agreement - Lauren Manor Subdivision
The Administrator said that this matter concerned the granting of an easement to lay
water mains for the Laurel Manor Subdivision which must be approved by the Town.
Councilwoman O'Keeffe suggested that the word "workmen" be changed to one of non-
gender.
On motion of Councilwoman Wittner, seconded by Councilwoman O'Keeffe, it was
unanimously,
RESOLVED, that the Town Board does hereby authorize the
Easement Agreement between Westchester Joint Water Works
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APRIL 22, 1998
and LEHRER LIMITED PARTNERSHIP 101 East Way, Bedford,
New York 10506 for property known as Laurel Manor
Subdivision, located within the Town of Mamaroneck.
4. Bond Resolution - Boston Post Road Project Capital Project 98-04
The Administrator said that the Town's bond counsel is at this time preparing a
bonding resolution for the funding of the Boston Post Road Improvement project. He
said at a recent Board meeting that the capital project account was authorized for a
project value of$375,000. Community Development Block Grant funds in the amount
of$150,000 will be provided to the project. Therefore, financing for the balance of the
costs, $225,000, is required. The recommendation to the Board is that the bond
resolution for the project be adopted.
The Supervisor said that shop owners would be contacted to discuss what will be done
with items like curb cuts and to discuss the timetable. She said that the new lights will
be the same as those around the Duck Pond.
The following resolution was offered by Councilman Weprin, who moved its
adoption, seconded by Councilwoman O'Keeffe, to-wit:
A RESOLUTION AUTHORIZING THE ISSUANCE OF $225,000 SERIAL BONDS
OF THE TOWN OF MAMARONECK, WESTCHESTER COUNTY, NEW YORK,
TO PAY PART OF THE COST OF THE REPLACEMENT OF SIGNS, NEW
LIGHTS AND DIRECTION SIGNS, AT THE CORNER OF POST ROAD AND
HOMMOCKS ROAD IN AND FOR SAID TOWN.
WHEREAS, all conditions precedent to the financing of the capital project
hereinafter described, including compliance with the provisions of the State
Environmental Quality Review Act, have been performed; and
WHEREAS, it is now desired to authorize the financing of such capital project;
NOW, THEREFORE, BE IT
RESOLVED, by the Town Board of the Town of Mamaroneck, Westchester County,
New York, as follows:
Section 1. For the class of objects or purposes of paying the cost of the
replacement of signs, new lights, and direction signs located at the corner of Post Road
and Hommocks Road, in and for the Town of Mamaroneck, Westchester County, New
York, including incidental sidewalk and other improvements and expenses in connection
therewith, there are hereby authorized to be issued $225,000 serial bonds of said Town,
pursuant to the provisions of the Local Finance Law.
Section 2. It is hereby determined that the maximum estimated cost of such class
of objects or purposes is $375,000, and that the plan for the financing thereof is as
follows:
a. by the issuance of the $225,000 serial bonds of said Town authorized
to be issued pursuant to this bond resolution; and
b. by the expenditure of$150,000 Community Development Block grant
monies to be received therefor, which monies are hereby
appropriated therefor.
Section 3. It is hereby determined that the period of probable usefulness of the
aforesaid class of objects or purposes is ten years, pursuant to subdivision 72nd(2nd) of
paragraph a of Section 11.00 of the Local Finance Law. It is hereby further determined
that the maximum maturity of the serial 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
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APRIL 22, 1998
issuance and sale of the serial 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 to the payment of the principal of and interest
on such obligations 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 obligations 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 obligations as the same become due and
payable.
Section 6. Such bonds shall be in fully registered form and shall be signed in the
name of the Town of Mamaroneck, Westchester County, New York, by the manual or
facsimile signature of the Supervisor and a facsimile of its corporate seal shall be
imprinted or impressed thereon and may be attested by the manual or facsimile signature
of the Town Clerk.
Section 7. The powers and duties of advertising such bonds for sale, conducting
the sale and awarding the bonds, are hereby delegated to the Supervisor, who shall
advertise such bonds for sale, conduct the sale, and award the bonds in such manner as
the Supervisor shall deem best for the interests of the Town; provided, however, that in
the exercise of these delegated powers, the Supervisor shall comply fully with the
provisions of the Local Finance Law and any order or rule of the State Comptroller
applicable to the sale of municipal bonds. The receipt of the Supervisor shall be a full
acquittance to the purchaser of such bonds, who shall not be obliged to see to the
application of the purchase money.
Section 8. 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 its 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. It is hereby determined that it is to the financial advantage of the Town not to
impose and collect from registered owners of such serial bonds any charges for mailing,
shipping and insuring bonds transferred or exchanged by the fiscal agent, and,
accordingly, pursuant to paragraph c of Section 70.00 of the Local Finance Law, no such
charges shall be so collected by the fiscal agent. 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 9. This resolution shall constitute a statement of official intent for
purposes of Treasury Regulations Section 1.1502. 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 10. 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,
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APRIL 22, 1998
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 ii. upon this resolution taking effect, the same shall be
published in full in The Daily Times, the official newspaper, together with a notice
of the Town Clerk in substantially the form provided in Section 81.00 of the Local
Finance Law.
Section 11. Upon this resolution taking effect, the same shall be published in full
in The Daily Times, the official newspaper, together with a notice of the Town Clerk in
substantially the form provided in Section 81.00 of the Local Finance Law.
Section 12. This resolution is adopted subject to permissive referendum in
accordance with Section 35.00 of the Local Finance Law.
The question of the adoption of the foregoing resolution was duly put to a vote on roll call
which resulted as follows:
Councilwoman Wittner VOTING AYE
Councilman Weprin VOTING AYE
Councilwoman O'Keeffe VOTING AYE
Councilman Ryan VOTING AYE
Supervisor Price VOTING AYE
The resolution was thereupon declared duly adopted.
5. Waiver of Building Permit Fees Hommocks Ice Rink Addition
Mr. Altieri said that it is recommended that the Town Board authorize the waiver of
building permit fees for the addition to the Hommocks Ice Rink. The value of the fees
based upon construction costs of$160,000 is $1,095.00.
On motion of Councilman Ryan, seconded by Councilwoman O'Keeffe, it was
unanimously,
RESOLVED, that the Town Board does hereby authorize the
waiver of building permit fees in the amount of$1,095.00 for the
addition at the Hommocks Ice Rink.
6. Set Public Hearing - Parking Ordinance - Hommocks Road
The Administrator reported that the Traffic Committee had considered at their last
meeting changes to the parking laws on Hommocks Road. There has been a
significant increase in the number of vehicles at the school which is creating some
potential safety hazards that must be addressed. He said that he had attached
recommendations made by Lt. John Anderson of the Police Department. The Traffic
Committee adopted the recommendations and are recommending these changes to
the Town Board.
Councilwoman O'Keeffe said it was not clear what was being changed. The
Administrator clarified that by changing from "no parking or standing" to "no parking
or stopping" it would help to prevent the dropping off of school children; the no
stopping prevents the drop-off.
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APRIL 22, 1998
Councilwoman Wittner added that residents had attended the Traffic meeting when this
was discussed and were in support of the change.
On motion of Councilman Ryan, seconded by Councilwoman O'Keeffe, it was
unanimously,
RESOLVED, that the Town Board does hereby set the date for public
Hearing on the No Parking Ordinance for Hommocks Road to May 6,
1998; and
BE IT FURTHER,
RESOLVED, that the Town Clerk be and hereby is authorized to
publish the legal notice of Public Hearings in an official newspaper of
the Town.
7. Salary -Authorization Computer Services
The Administrator said that authorization is requested to hire Mr. Walter Anderson as a
part time computer support person for our AS400 computer and New World Software.
The AS400 serves as the primary computer platform for our financial management, tax
collection, property assessment and Building Department information. Information and
transactions are processed using New World Software. We have been seeking a less
expensive alternative for trouble shooting both the hardware and software of this
system. Currently we use personnel from New World Systems of Michigan. If the Town
requires assistance other than phone support, New World Systems charges the Town
$80.00 per hour. If a visit is required by a representative of the company, the Town
must pay for all travel expenses that amount to roughly $1,200.00 per visit plus the
hourly fee. Mr. Anderson is currently Director of Information Systems for the Town of
New Castle. He has extensive experience with both the AS400 and New World Systems
Software. Since he resides in Westchester County, there will be no travel expenses.
His hourly rate will be $50.00 per hour. We would expect this expense to amount to
approximately $3,000.00 per year.
On motion of Councilman Ryan, seconded by Councilman Weprin, it was unanimously,
RESOLVED, that the Town Board does hereby authorize the
hiring of Walter Anderson as a part-time computer support
person for the Town's AS400 computer and New World Software
at the rate of$50.00 per hour on an as needed basis at a cost
expected not to exceed $3,000.00 per year.
BOARD OF FIRE COMMISSIONERS
The meeting was called to order by Commissioner Price at 9:30 PM in the Court Room.
Present were the following members of the Commission:
Commissioner: Elaine Price
Commissioner: Paul A. Ryan
Commissioner: Valerie M. O'Keeffe
Commissioner: Barry Weprin
Commissioner: Phyllis Wittner
1. Fire Claims:
Commissioner Wittner presented fire claims for authorization of payment. Thereafter on
her motion, seconded by Commissioner O'Keeffe, it was unanimously:
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APRIL 22, 1998
RESOLVED, that the Board of Fire Commissioners
does hereby authorize payment of the following Fire
Department claims as approved by the Fire Chief and
audited by the Comptroller's Office:
AAA Emergency Supply Co., Inc. $ 81.25
AT & T & Capital 99.86
AT & T Wireless Service 81.72
Cleaning Systems 257.86
Clinton Kearney Door Co., Inc. 75.00
Community Fire Equipment, Inc. 18.75
Con Edison 629.37
Con Edison 4.00
Fire-End & Croker Corporation 271.00
Fire-End & Croker Corporation 696.85
Fire-End & Croker Corporation 87.00
Fire Programs 789.75
Giacomo Service Center 556.00
Giacomo Service Center 47.72
Lucent Technologies 45.85
Metrocom 19.25
NYSAF 25.00
Poland Water 64.80
Quest Diagnostics 527.06
Redwood Nursery 68.00
Redwood Nursery 260.50
Staples 83.65
TCD 183.00
Town of Mamaroneck Fire Dept. 375.00
Town of Mamaroneck Professional 220.08
Westchester Elevator 170.00
Westchester Joint Water Works 80.00
Westchester Orthopedic Associates 400.00
$ 6,218.32
There being no further business to come before the Commission, on motion of
Commissioner Wittner, seconded by Commissioner Ryan the Commission unanimously
adjourned.
ORAL COMMUNICATIONS
Ernie Odierna commented that the pickup for the Easter holidays had remained out over
the week and that he agreed that everything had been tried to inform people of the
schedule and law, adding that he is at a loss as to what could be done about this problem.
Supervisor Price said that there would be a meeting tomorrow morning of the Sanitation
Commission to discuss possible solutions to this problem.
SUPERVISOR REPORTS
The Supervisor announced that a ceremony would be held at Memorial Park on April 24th
commemorating Arbor Day.
The Supervisor reported that the contracts would be going out for fieldstone curbing.
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APRIL 22, 1998
Administrator Altieri informed everyone that there would be a meeting of the Revaluation
Committee in the Senior Center on Monday, April 27 at 7:30 PM and that there will be
representatives from the State that will be attending.
The Supervisor said that Saturday is Beautification Day and the Town would be doing
plantings in recreation areas and at the Hommocks Pool. She said that the Beautification
Committee had formulated the plans for the plantings at the pool, and that it was hoped
that the paving of the parking lot would be done at the same time, the cost of which was
to be borne by Rollerdome.
WRITTEN COMMUNICATIONS
Supervisor Price said that she had received two letters regarding the Police Department.
She read the following:
Beechmont Bus Service, Inc.
24-25 Valley Place
New Rochelle, NY 10801
March 19, 1998
Police Chief Rivera
Town of Mamaroneck- Police Dept.
740 West Boston Post Road
Mamaroneck, NY 10543
Dear Chief Rivera:
I would like to take this opportunity to commend the outstanding efforts displayed
by the Town of Mamaroneck Police Department in responding to a 911 emergency
that had occurred on our premises.
This morning, one of our employees had been injured when he accidentally fell
into our service pit. At the time of the accident, we were uncertain of the severity
of the injuries, but it was most comforting to see the incredible, and unbelievable
response time of the Town of Mamaroneck Police Department and EMS workers.
On the scene of the accident, the Officers and EMS workers truly defined the
meaning of professionalism, and we are indeed fortunate to have such exemplary
services in our community.
On behalf of Beechmont Bus Service and our employees, we would appreciate it
if you would convey our gratitude and appreciation to all those who participated
at the scene of the accident.
Very truly yours,
John Carello
Vice President
Jane S. Axelrod
34 Vanderburgh Avenue
Larchmont, NY 10538
April 3, 1998
Dear Ms. Price:
Attached is a copy of a letter sent to Chief Rivera of the Town's Police
Department and I wanted you to see it as well so that you would be aware of the
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APRIL 22, 1998
actions of several of the members of the Town's Police force that warrant a great
deal of respect and commendation.
It isn't often we get praise - usually it is blame or criticism - which is one of the
reasons I felt this letter should be sent. Also in this day and age it is good to
know that there are some places that one can feel safe and comfortable still and
that when difficult or bad things happen there are those who can step in and
handle them well.
My thanks to all who assisted on that day- it could have been much more
difficult. They can all be proud of how it was handled.
Sincerely,
Jane S. Axelrod
Ms. Axelrod's enclosed letter to Chief Rivera was illegible except for the
following:
Dear Chief Rivera:
I wanted to write to you about an incident involving two of your policeman on
Friday, March 27.
1 was involved in an accident on Myrtle Boulevard on my way to work and I have
to say that if there was anything "good"about it, it was the way it was handled by
the two officers who arrived on the scene, George Valentzas and Harry Petersson.
State of NY Department of Taxation & Finance
W. A. Harriman Campus
Albany, NY 12227
April 14, 1998
Ms. Elaine Price, Supervisor
Town of Mamaroneck
Town Center
740 West Boston Post Road
Mamaroneck, New York 10543
Dear Ms. Price:
Your letter of March 27,1998, to Governor Pataki regarding the elimination of
sales tax in Westchester County has been referred to my office for reply.
New York State is in a very unique position in imposing its sales tax on clothing.
Nationwide, only six states exempt purchases of clothing. However, four of those
states border New York. This concentration of exempt states around New York
State places our retailers, particularly those in the downstate region and in the
State's border counties, at a competitive disadvantage. It encourages New
Yorkers to travel out-of-state to purchase clothing or to purchase their clothing
from out-of-state mail order businesses. It also makes it difficult for the State's
retailers to attract customers from outside New York. This hurts New York State's
economy as well as the economies of New York's localities.
The exemption of clothing items selling for$100 or less, currently scheduled to
take effect on December 1, 1999, was enacted as part of the SFY 1997-98 budget
agreement. This exemption of clothing items selling for less than $100 seems to
me to be a reasonable compromise that will provide a much deserved tax break to
New Yorkers and will also help our retailers compete with stores in neighboring
states.
As with the three temporary clothing exemptions, localities will have the option to
decide whether they will participate in allowing the exemption.
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APRIL 22, 1998
Thank you for sharing your concerns with Governor Pataki.
Very truly yours,
Michael H. Urbach, Commissioner
PROCLAMATION -ARBOR DAY
The Supervisor read the following proclamation:
Arbor Day Tree City U.S.A. Award
WHEREAS, 1998 marks the seventh year the Town of Mamaroneck has been recognized as a
Tree City U.S.A. by the National Arbor Day Foundation; and
WHEREAS, The Tree City U.S.A. award indicates that the Town of Mamaroneck takes its tree-
care responsibilities seriously with an effective community forestry program; and
WHEREAS, trees can reduce the erosion of our precious topsoil by wind and water, cut heating
and cooling costs, moderate the temperature, clean the air,produce oxygen and provide habitat
for wildlife; and
WHEREAS, trees in our Town increase property values, enhance the economic vitality of
business area, and beautify our community.
NOW THEREFORE BE IT
RESOLVED, that I, Elaine Price, Supervisor, and members of the Town Council do hereby
proclaim the month of April as Arbor Day in the Town of Mamaroneck and urge all citizens to
participate in programs and activities designed to furthering the establishment of trees in our
community.
ADJOURNMENT
Supervisor Price said that she wished to adjourn this meeting in memory of Francis
Auletta, Attorney for the Westchester Joint Water Works, who had died this past week, so
on her motion, seconded by Councilwoman Wittner, the meeting was adjourned in Mr.
Auletta's memory at 10:45 PM.
Patricia A. DiCioccio, Town Clerk
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