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HomeMy WebLinkAbout1963_04_03 Town Board Minutes �7n1 MINUTES OF A REGULAR MEETING OF THE TOWN BOARD OF THE TOWN OF MAMARONECK, HELD APRIL 3rd, 1963, IN THE COUN- CIL ROOM OF THE WEAVER STREET FIREHOUSE, WEAVER STREET, TOWN OF MAMARONECK. CALL TO ORDER The Supervisor called the meeting to order at 8:15 p. m. ROLL CALL Present: Supervisor Burchell Councilman Kane Councilman Brush Councilwoman Helwig Councilman Cook Absent: None Also Present: Mr. Delius - Town Attorney Mrs. Brewer - Secretary Mr. Orsino - Receiver of Taxes Mr. Kellogg - Town Engineer Mr. Altieri - Town Accountant Mr. Fischer - Supt. of Highways Mr. Paonessa - Building Inspector Mr. Librandi - Fire Chief PUBLIC HEARING - Amendments to Building Code and Zoning Ordinance of the Town of Mamaroneck. On motion by Councilman Kane, seconded by Councilman Brush, it was unanimously RESOLVED, that the public hearing be and it hereby is declared open. The Clerk presented the affidavit of publication of the notice of hearing for the record, and the Supervisor inquired whether any- one present wished to address the Board on the proposed amend- ments, whereupon the following person was heard: Mr. Rudolph Novak - Boston Post Road, Town Mr. Novak stated that he had been in business in his present lo- cation for the past 18 years and last January had applied to the Zoning Board of Appeals for a variance permitting the erection of a name sign on the roof of his building as shown on the sketch here- with presented and filed for the record. He further stated that he had been advised at that time to hold his application pending public hearing before this Board on a pro- posed sign ordinance, hence his appearance this evening to re- quest consideration of his application prior to adoption of the proposed amendment. -1- 763 Following discussion, Mr. Novak was advised that adoption of the proposed amendment would be deferred pending consid- eration of his request, and thereupon, since upon query, no one else wished to be heard, on motion by Councilman Kane, seconded by Councilman Cook, it was unanimously RESOLVED, that the hearing be and it hereby is declared closed with decision reserved. OLD BUSINESS 1. Reports on Bids a) Street Lighting Maintenance Contract Pursuant to memorandum of the Town Engineer, dated April 3, 1963 and herewith presented and filed for the record, on motion by Councilman Kane, seconded by Councilman Brush, it was unanimously RESOLVED, that this Board hereby accepts the bid of Mains and Mains, the only bidder, for furnishing to the Town of Mamaroneck a Street Lighting Maintenance Contract covering cer- tain street lighting maintenance, repair, and installation services conforming in all details to the specifications set forth in the notice for bids, for the sum of $6, 069. 00 and covering a period of three (3) years beginning April 1, 1963 and terminating March 31, 1966. b) Purchase of Tires and Tubes for 1963 Pursuant to memorandum of the Town Engineer, dated April 3, 1963 and herewith presented and filed for the record, on motion by Councilman Kane, seconded by Councilman Cook, it was unanimously RESOLVED, that this Board hereby accepts the low bids, to-wit the bids of General Tire of Westchester, J. Levitan, Inc. , and Sound Tire & Supply Co. , Inc. , for furnishing to the Town of Mamaroneck tires and tubes in accordance with the specifications set forth in the notice for bids, in the sizes and types and at the prices listed herebelow: Bidder: General Tire of Westchester Brand: General Size Type Bid 4. 00x 8 Rayon 7. 73 7. 50 x 14 Rayon 18. 74 13. 00 x 24 Nylon 153. 77 Bidder: J. Levitan, Inc. Brand: Goodyear _Z_ Size Type Bid 4. 00 x 12 Rayon 7. 78 8. 25 x 20 Rayon 41. 60 Nylon 45. 78 9. 00 x 20 Rayon 49, 15 Nylon 54. 05 10. 00 x 20 Rayon 62. 29 Nylon 68. 50 11. 00 x 20 Rayon 73. 47 Nylon 80. 71 Bidder: Sound Tire & Supply Co. , Inc. Brand: Firestone & Dunlop Size Type Bid 6. 00 x 13 Rayon 9. 65 Nylon 9. 89 6. 00 x 16 Rayon 13. 41 Nylon 14. 22 6. 50 x 13 Rayon 10. 27 Nylon 10. 52 6. 70 x 15 Rayon 11. 99 Nylon 12. 29 7. 50 x 20 Rayon 35. 67 Nylon 37. 77 2. Report on Application for Swimming Pooh. (Mrs. Howard Cantor - 925 Fenimore Road) Pursuant to letter addressed to the Building Inspector by the applicant under date of March 25, 1963 agreeing to comply with all conditions requested by the Building Inspector in memo- randum under date of March 20, 1963 and attached to application on that date, on motion by Councilman Brush and seconded by Councilman Cook, the following resolution was adopted by unan- imous vote of the Board: WHEREAS, Howard Cantor heretofore presented an application for a permit to construct a swimming pool and appurtenances on premises located at 925 Fenimore Road, Town, and known as Block 230, Parcel 107 on the Tax Assessment Map of the Town of Mamaroneck; and WHEREAS, the Building Inspector of the Town of Mamaroneck has examined the plans and specifica- tions for the proposed pool; and WHEREAS, the Building Inspector finds that the plans and specifications for the proposed pool con- form in all respects with the requirements of the Swimming Pool Ordinance (Article 23 of the Build- ing Code), and therefore recommends that the ap- plication be approved; NOW, THEREFORE, BE IT -3- RESOLVED, that the application of Howard Cantor for a permit to construct a swimming pool on his prem- ises located at 925 Fenimore Road, Town, and known as Block 230, Parcel 107 on the Tax Assessment Map of the Town of Mamaroneck, is hereby approved and the Building Inspector is hereby authorized to issue a permit for same provided the pool is constructed in conformance with the plans and specifications sub- mitted and filed with the application and in compliance with the conditions set forth herebelow: 1) That the proposed fence as shown on the plans be built so that the pool is completely enclosed and that no direct access to the pool is available without first passing through a self-locking gate; also that this fence is a minimum height of 4 feet. 2) That a catch basin be built on the discharge side of the filter so as to collect any solids due to back-washing before they enter the brook through the main drain. 3) That any outdoor area lighting for the pool be so arranged that illumination of the area will not interfere with the comfort of adjacent residents. and be it further p RESOLVED, that all work as shown on the said plans EE`I must be completed and an occupancy certificate per- mit obtained from the Building Inspector before the pool is filled and put in use. NEW BUSINESS 1, Application. for Fencing around Swimming Pool (Mr. & Mrs. Max Youngstein, Hommocks Road) Following presentation of a communication, dated March 27th, 1963, addressed to the Board by E. L. Wagner Co. , Inc. on be- half of Mr. & Mrs. Max Youngstein of Hommocks Road, Town, requesting permission to amend the July 11, 1962, submission of plans for swimming pool and fence located on the premises of Mr. and Mrs. Youngstein, herewith ordered received and filed for the record, and upon recommendation of the Building Inspector that the proposed amendment be approved, on motion by Councilman Brush, seconded by Councilwoman Helwig, it was unanimously RESOLVED, that the following resolution, adopted by this Board on July 11, 1962, approving applica- tion of Mr. & Mrs. Max Youngstein of Hommocks Road, Town, for permission to construct a swim- ming pool and fence be amended so as to read as follows: WHEREAS, Max Youngstein heretofore presented an application for a permit to construct a swim- -4- ming pool and appurtenances on premises located on Hummocks Road, Town, and known as Block 417, Parcel 50 on the Tax Assessment Map of the Town of Mamaroneck: and 'Whereas, the Building Inspector of the Town of Ma- maroneck has examined the plans and specifications for the proposed pool; and WHEREAS, the Building Inspector finds that the plans and specifications for the proposed pool, as amended March 27, 1963, conform in all respects with the re- quirements of the swimming pool ordinance, (Article 23 of the Building Code), and therefore recommends that the application be approved; NOW, THEREFORE, BE IT RESOLVED, that the application of Max Youngstein for a permit to construct a swimming pool on his premises located on Hommocks Road, Town, and known as Block 417, Parcel 50 on the Tax Assessment Map of the Town of Mamaroneck, is hereb y approved, and the Building Inspector is hereby authorized to issue a permit for same provided the pool is constructed in conformance with the plans and specifications submitted on March 27, 1963, and filed with the application, and subject to the following condition: 1. That the rear yard of the said premises be en- closed by a 4-foot high metal fence running from the easterly side yard of said premises to the east side of existing dwelling and from the ex- isting wall along Hommocks Road to the west side of the rear terrace. and be it further RESOLVED, that all work as shown on the said plans must be completed and an occupancy certificate per- mit obtained from the Building Inspector before the pool is filled and put in use. 2. Closing of Town Offices - Good Friday In accordance with usual practise followed by the Town and Villages, on motion by Councilman Cook, seconded by Coun- cilman Kane, it was unanimously RESOLVED, that the Town of Mamaroneck Offices close at 12 o'clock noon on Good Friday, April 12, 1963. COMMUNICATIONS 1, Request from Board of Education (Not on Agenda) -5- 711 Following presentation of request from the Board of Education for the use of three voting machines for the General Association elections, on motion by Councilman Kane, seconded by Council- man Brush, it was unanimously RESOLVED, that this Board hereby approves the re- quest of the Board of Education for the use of three (3) voting machines for the General Association elec- tions on May 15 and 16, 1963, at the Mamaroneck Senior High School. REPORTS The Town Clerk -- In the Clerk's absence, the Secretary presented the following report which was ordered received and filed: Report of the Receiver of Taxes and Assessments for the month of March, 1963. The Supervisor -- 1. The Garden Club of Larchmont The Supervisor presented a letter, addressed to him by the Garden Club of Larchmont, presenting to the Town a "Golden Chair" tree in commenoration of the Club's Fiftieth Anni- versary. The Board expressed its pleasure, requesting the Super- visor to congratulate the Club and thank it on the Board's behalf, and directed Councilwoman Helwig to proceed with the Park Department in making the necessary arrangements to accept the gift. 2. Mr. Peter Mosher At this time, the Supervisor recognized Mr. Peter Mosher, stating that he assumed that he was present in connection with the clean-up work on Jefferson Street and inquiring whether he wished to address the Board. Mr. Mosher stated this was the case, and following a dis- cussion of the matter, during which the Supervisor and Coun- cilwoman Helwig corrected certain misinformation Mr. Mo- sher presented, and explained that the matter was in exact accord with the notices mailed by the Board of Park Commis- sioners and herewith filed for the record, Mr. Mosher con- cluded his remarks, thanking the Board for hearing him. Councilwoman Helwig -- 1. Dutch Elm Program In accordance with report of Mr. Aitchison, Councilwoman -6- 713 Helwig informed the Board that all dead or diseased elms had now been removed with the exception of two on Weaver Street, which the State had not removed in conformance with its policy to remove only dead trees. She further reported that scouting would be conducted again in July and requested therefor that the Department of Agri- culture and Markets be requested to grant an extension of the immunity for removal purposes from April 1 to December 31, 1963, which the Board so ordered. Councilwoman Helwig highly commended the Park Depart- ment on its conduct of the Dutch Elm Program and the resi- dents of the Town on their cooperation with the Town in carrying out this program. 2, Noise Control Bill Councilwoman Helwig presented a summarizing report on the proposed bill which was herewith ordered received and filed for the record. She paid high tribute to Senator Mei- ghan and Assemblyman Gioffre for all they had done to as- sist the Thruway Noise Abatement Committee in its efforts. The Board, after expressing its deep appreciation to Councilwoman Helwig for her tireless and unrelenting effort in this matter, directed the Supervisor to write to Senator Meighan and Assemblyman Gioffre on behalf of the Board to express its thanks, appreciation and gratitude to them for all they had done and the assistance they had given to the Committee's effort to secure passage of this legislation in this year's Legislative session. Councilman Kane -- Councilman Kane stated that he had no report at this time. Councilman Brush -- Councilman Brush stated that he had no report other than Fire matters. Councilman Cook -- 1. Master Plan Councilman Cook advised the Board that the joint committee would meet shortly with regard to the proposed "Master Plan''. The Town Attorney -- 1. Stonecrest Apartments Certiorari With regard to the engagement of an appraiser in connec- tion with the certiorari proceedings pending on Stonecrest Apartments previously before this Board and in accordance -7- '715 with the Attorney's recommendation, on motion by Councilman Cook, seconded by Councilman Kane, it was unanimously RESOLVED, that the Town Attorney be and he hereby is authorized to engage Harry K. Keller, expert real estate appraiser, to prepare a preliminary ap- praisal of Ste necrest Apartments, Town of Mamar- oneck, for a fee not to exceed the sum of $1, 000. 00, to be paid from a/c #403 in the 1963 budget for the Department of the Assessor. 2. Zoning Violations - Guadagnola Property The Attorney informed the Board of certain violations ex- isting on the Guadagnola property at 2 Garfield Street under the Building Code and Multiple Residence Law and recom- mended that further action be taken thereon with the Building Inspector authorized to file the usual information and obtain a criminal summons against Frank Guadagnola and wife, Florence, the owners of the premises concerned. Whereupon, on motion by Councilman Kane, seconded by Councilman Brush, it was unanimously RESOLVED, that the Building Inspector of the Town of Mamaroneck be and he hereby is au- thorized to file an information and obtain criminal summons against Frank Guadagnola and wife, Florence, owners of premises lo- cated at 2 Garfield Street, Town, and known as Block 133, Parcel 148 on the Tax Assess- ment Map of the Town of Mamaroneck, for certain violations under the Building Code and Multiple Residence Law. The Town Engineer -- 1. Proposed Incinerator Expansion In accordance with the Engineer's request for approval of certain resolutions in connection with the proposed Inciner- ator expansion and addition of air pollution facilities, on mo- tion by Councilman Cook, seconded by Councilwoman Helwig, the following resolutions were adopted by unanimous vote of the Board, all members being present and voting: Expansion of Plant_ WHEREAS, the Town of Mamaroneck is in receipt of a resolution, dated February 28, 1963, from the Larchmont-Mamaroneck Joint Garbage Disposal Com- mission wherein said Commission deems it desirable to perform certain work on the Incinerator plant des- cribed as "Expansion of Existing Incinerator Plant"; and WHEREAS, the participating share of the Town of Ma- maroneck would be 56. 07% of the cost of such work if such work be undertaken, and similarly the share of the Village of Larchmont would be 43. 93%; and -8- 717 WHEREAS, the Town Board has reviewed a certain re- port by Seelye, Stevenson, Value & Knecht, dated Tune 1961, entitled, "Proposed Expansion of Incinerator Facilities"; and WHEREAS, this Board deems it desirable to have final plans and specifications prepared under the terms of Public Law 560, 83rd Congress, as amended, for such work; and WHEREAS, the total estimated costs for the proposed work are as follows: Construction $291, 000. 00 Final plans and specifications 20, 100. 00 Shop drawings and supervision 6, 500. 00 Legal and administrative contingencies 12, 000. 00 Total--------- 329, 600. 00 and WHEREAS, the estimated costs of the Town's share of this improvement would be in the amount of $184, 806. 72 and the Village of Larchmont's share of the cost would be in the amount of $144, 793. 28; NOW, THEREFORE, BE IT RESOLVED, that the Supervisor on behalf of Garbage and Refuse District No. 1 of the Town of Mamaroneck be and he hereby is authorized to execute a form apply- ing for an interest-free federal loan to cover the cost of the Town's share of the preparation of the final plans and specifications, which share is 56. 07% of $20, 100. 00, being the sum of $11, 270. 07. Resolution No. 2 WHEREAS, the Town Board of the Town of Mamaroneck acting for and on behalf of Refuse and Garbage District No. 1 of the Town of Mamaroneck (herein called the "Applicant") after thorough consideration of the various aspects of the problem and study of available data has hereby determined that the construction of certain pub- lic works, generally described as "Expansion of Exist- .. ing Incinerator Plant" is desirable and in the public in- terest and to that end it is necessary that action prelim- inary to the construction of said works be taken immed- iately; [ and WHEREAS, under the terms of Public Law 560, 83rd Congress, as amended, the United States of America has authorized the making of advances to public bodies to aid in financing the cost of engineering and archi- tectural surveys, designs, plans, working drawings, specifications or other action preliminary to and in preparation for the construction of public works; and -9- WHEREAS, the applicant has examined and duly con- sidered such act and the applicant considers it to be in the public interest and to its benefit to file an applica- tion under said act and to authorize other action in connection therewith; NOW, THEREFORE, BE IT RESOLVED, by the Town Board of the Town of Mamar- oneck acting for and on behalf of Refuse and Garbage District No. 1 of the Town of Mamaroneck, the govern- ing body of said applicant, as follows: 1. That the construction of said public works is essen- tial to and is to the best interests of the applicant, and to the end that such public works may be pro- vided as promptly as practicable it is desirable that action preliminary to the construction thereof be undertaken immediately; 2. That Frederick F. Kellogg, Jr. , Town Engineer and Sanitation Superintendent for the Larchmont- Mamaroneck Joint Garbage Disposal Commission, be hereby authorized to file in behalf of the ap- plicant an application (in form required by the United States and in conformity with said act) for an advance to be made by the United States to the applicant to aid in defraying the cost of plan preparation for the above described public works, which shall consist generally of the expansion of existing Incinerator plant. 3. That if such advance be made, the applicant shall provide or make necessary arrangements to pro- vide such funds, in addition to the advance, as may be required to defray the cost of the plan preparation of such public works; 4. The said Frederick F. Kellogg, Jr. , Town En- gineer and Sanitation Superintendent of the Larchmont-Mamaroneck Joint Garbage Disposal Commission, is hereby authorized to furnish such information and take such action as may be necessary to enable the applicant to qualify for the advance; 5. That the officer designated in the preceding paragraph is hereby designated as the authorized representative of the applicant for the purpose of furnishing to the United States such information, data, and documents pertaining to the applica- tion for an advance as may be required; and otherwise to act as the authorized representative of the applicant in connection with this applica- tion; 6. That certified copies of this resolution be in- cluded as part of the application for an advance to be submitted to the United States. -10- 1�1/) A i r_P_o_ll_u_tion_C_o nt_r_o_I WHEREAS the Town of Mamaroneck is in receipt of a resolution, dated February 28, 1963, from the Larchmont-Mamaroneck Joint Garbage Disposal Com- mission wherein said Commission deems it desirable to perform certain work on the Incinerator Plant des- cribed as "Air Pollution Control Installation at Exist ing Incinerator"; and [` WHEREAS, the participating share of the Town of Ma- maroneck would be 56. 07% of the cost of such work if such work be undertaken, and similarly the share of the Village of Larchmont would be 43. 93 1a; and WHEREAS, the Town Board has reviewed a certain report by Seelye, Stevenson, Value & Knecht, dated June 1961, entitled, "Proposed Expansion of Inciner- ator Facilities"; and WHEREAS, this Board deems it desirable to have final plans and specifications prepared under the terms of Public Law 560, 83rd Congress, as amended, for such work; and WHEREAS, the total estimated costs for the proposed work are as follows: Construction $ 88, 000. 00 Final plans and specifications 8, 400. 00 Shop drawings and supervision 2, 600. 00 Legal and administrative contingencies 3, 500. 00 Total --------- $102, 500. 00 and WHEREAS, the estimated costs of the Town's share of this improvement would be in the amount of $57, 471. 75 and the Village of Larchmont's share of the cost would be in the amount of $45, 028. 25; NOW, THEREFORE, BE IT RESOLVED, that the Supervisor on behalf of Garbage and Refuse District No. 1 of the Town of Mamaroneck be and he hereby is authorized to execute a form apply- ing for an interest-free federal loan to cover the cost of the Town's share of the preparation of the final plans and specifications, which share is 56. 07% of $8, 400. 00, being the sum of $4, 709. 88. Resolution No. 2 WHEREAS, the Town Board of the Town of Mamaroneck acting for and on behalf of Refuse and Garbage District No. 1 of the Town of Mamaroneck (herein called the "Applicant") after thorough consideration of the various aspects of the problem and study of available data has -ll- d hereby determined that the construction of certain public works, generally described as "Air Pollution Control Installation at Existing Incinerator" is desirable and in the public interest and to that end it is necessary that action preliminary to the construction of said works be taken immediately; and WHEREAS, under the terms of Public Law 560, 83rd Congress, as amended, the United States of America has authorized the making of advances to public bodies to aid in financing the cost of engineering and architec- tural surveys, designs, plans, working drawings, spec- ifications or other action preliminary to and in prepara- tion for the construction of public works; and WHEREAS, the applicant has examined and duly con- sidered such act and the applicant considers it to be in the public interest and to its benefit to file an application under said act and to authorize other action in connec- tion therewith; NOW, THEREFORE, BE IT RESOLVED, by the Town Board of the Town of Mamaro- neck acting for and on behalf of Refuse and Garbage Dis- trict No. 1 of the Town of Mamaroneck, the governing body of said applicant, as follows: 1. That the construction of said public works is essential to and is to the best interests of the applicant, and to the end that such public works may be provided as promptly as prac- ticable it is desirable that action preliminary to the construction thereof be undertaken immediately; 2. That Frederick F. Kellogg, Jr. , Town En- gineer and Sanitation Superintendent for the Larchmont-Mamaroneck Joint Garbage Dis- posal Commission, be hereby authorized to file in behalf of the applicant an application (in form required by the United States and in conformity with said act) for an advance to be made by the United States to the applicant to aid in defraying the cost of plan preparation for the above described public works, which shall consist generally of air pollution control installation at existing Incinerator. 3. That if such advance be made, the applicant shall provide or make necessary arrangements to provide such funds, in addition to the ad- vance, as may be required to defray the cost of the plan preparation of such public works; 4. The said Frederick F. Kellogg, Jr. , Town En- gineer and Sanitation Superintendent of the -12- wr�r Larchmont-Mamaroneck Joint Garbage Dispo- sal Commission, is hereby authorized to fur- nish such information and take such action as may be necessary to enable the applicant to qualify for the advance; 5. That the officer designated in the preceding paragraph is hereby designated as the au- thorized representative of the applicant for the purpose of furnishing to the United States such information, data, and documents per- taining to the application for an advance as may be required; and otherwise to act as the authorized representative of the applicant in connection with this application; 6. That certified copies of this resolution be in- cluded as part of the application for an ad- vance to be submitted to the United States. ADJOURNMENT There being no further business to come before the meeting, on motion duly made and seconded, it was declared adjourned at 9: 15 p. m. , to reconvene on April 17th, 1963. BOARD OF FIRE COMMISSIONERS The meeting of the Board of Fire Commissioners was con- vened immediately upon the adjournment of the Town Board meeting. 1. Claims Commissioner Brush presented for payment the following Fire Department claims, which had been audited by the Comptroller and approved by the Fire Chief, and thereupon on his motion, seconded by Commissioner Kane, it was unanimously RESOLVED, that the following Fire Department claims be and they hereby are approved, and the Supervisor and Comptroller authorized and directed to pay the same out of the proper item in the Fire Department budget: Con Edison $ 137. 63 Con Edison 5. 00 New York Telephone Co. 91. 55 Walter D. Rickert 466. 42 State Insurance Fund 2, 024. 37 Suburban Electronic Service 7. 50 Wesco Equipment & Service 196. 70 Wesco Equipment & Service 50. 55 Westchester Joint Water 6lorks 15. 00 Total $2, 994. 72 -13- 'd Z7 2. Reports Commissioner Brush presented the following report which was ordered received and filed: Fire Report for the month of March, 1963. 3. Communications There were no communications to be presented at this time. 4. Adjournment There being no further business to come before the meet- ing, on motion duly made and seconded, it was declared ad- journed at 9:20 P. m. , to reconvene on April 17th, 1963. Tow Cle't L L -14-