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HomeMy WebLinkAbout1964_06_03 Town Board Minutes MINUTES OF A REGULAR MEETING OF THE TOWN BOARD OF THE TOWN OF MAMARONECK, HELD JUNE 3d, 1964, IN THE COUNCIL ROOM OF THE WEAVER STREET FIRE- HOUSE, 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 Quadrine Absent: None Also Present: Mr. Johnston - Town Attorney Mrs. Brewer - Secretary Mr. Altieri - Comptroller Mr. Kellogg - Engineer Mr. Paonessa - Building Inspector 1. Application for Special Permit to Construct Swimming Pool Mr. & Mrs. William Speyer - 1 Dundee Road The Clerk presented the subject application together with a memorandum addressed to the applicant and Board by the Building Inspector following his study of the plans and in- spection of the proposed site, suggesting that further consid- eration be given to the location of the pool as proposed and that the application be approved subject to the conditions set forth therein, which were herewith ordered received and filed. He also advised the Board that notification of the applica- tion had been sent to the following property owners in the area, and presented the replies received, herewith also or- dered received and filed for the record. Mr. Joseph Murphy - Opposed to location of 5 Avon Road pool as proposed. Mr. Thorkill Host - Opposed to location of 1 Avon Road pool as proposed. Mr. Eric Eichwald - No objections. 142 Rockland Avenue Mr. Richard F. Eggers 7 Dundee Road - No reply ' _1- Mr. John Williams 4 Dundee Road - No reply Mr. Peter Burbank 1 Oxford Road - No reply Mr. Gilbert Merrell 2 Oxford Road - No reply The Supervisor then inquired whether anyone present wished to be heard on the application, whereupon Mr. Norman R. Mackie of the E. L. Wagner Co. was heard on behalf of the ap- plicant. And thereupon, following discussion of the pool's location by the Building Inspector, members of the Board and Mr. Mackie, the matter was put over to the next meeting. MOVE TO AUDITORIUM In order to accommodate the number of persons attending the meeting, it was adjourned to the Auditorium. Z. Application for Special Permit to Construct Swimming Pool Mr. & Mrs. J. W. Herz, 325 Weaver Street The Clerk presented the subject application together with a memorandum addressed to the applicant and Board by the Building Inspector following his study of the plans and in- spection of the proposed site, noting that the limited space between the existing terrace wall and rear property line would make the provision of suitable screening difficult, and recommending that the permit be granted subject to the four further conditions set forth therein, which were here- with ordered received and filed. He also advised that notification of this application had been sent to the following property owners and presented the replies received which were also ordered received and filed for the record: Dr. Robert N. Melnick - Objection to the location 56 Beach Avenue of the pool as proposed. (Moving to 2 Colonial Lane) Mr. Harlan T. Thompson 42 Colonial Avenue - No objection Mr. George E. Peterson Jr. 4 Colonial Lane - No objection Mr. DeWitt C. Baker, III 44 Colonial Avenue - No objection i Mr. Augusta Signaigo 327 Weaver Street - No objection .P Mr. Paul Low 3 Colonial Lane - No reply Mr. Max M. Sinclair 46 Colonial Avenue - No reply Mr. Alfred Chisholm 48 Colonial Avenue - No reply The Supervisor then inquired whether anyone present wished to be heard, and after hearing the applicant, Dr. Melnick and Mr. Peterson speak at some length concerning the pool's lo- cation, it was directed that the matter be put over to the next meeting pending further advice with regard to the pool site. MASTER PLAN (Urban Planning Assistance Program) In reply to questioning concerning the relationship of Urban Renewal to the $40, 028. recently granted by the Federal Govern- ment to the Village of Larchmont and the Town of Mamaroneck for the preparation of a Master Plan under the Urban Planning Assistance Program, the Supervisor reviewed and explained in some detail the two-year old history of the project, assurring i those present that the Town had no plans whatsoever for any Urban Renewal Program. The matter was raised by Mr. and Mrs. Stephen M. Havi- land of 28 Homer Avenue, who were joined in registering strong protest to the use of federal funds, by Mr. and Mrs. James M. Morris of 5 Orsini Drive and several other resi- dents of the unincorporated area. A lengthy.discussion followed, during which Councilwoman Helwig and Councilmen Kane, Brush, and Quadrine, together with Mr. Lee Bloom of 22 Myrtle Boulevard, who was present and who had served as a member of the joint committee which had made the exploratory study leading to the application, each answered questions from the floor and explained the need for a Master Plan in this community, and in concluding the dis- cussion, emphasized the fact that an application for funds for the preparation of such a plan (which treated with the use of open areas, zoning matters, etc. and would serve as a guide for future development) was neither an application for Urban Renewal nor any part of such an application. OPENING OF BIDS - Construction of Stairway, Memorial Park Upon presentation of the affidavit of publication of the notice for bids for the record, in the Town Clerk's absence, the Sec- retary opened and read aloud the only bid submitted as follows! Bidder Bid Romani & Pico $13, 500. 00 j Whereupon, since the amount bid was over budget, in accord -3- with Councilwoman Helwig's recommendation, the Board directed that the bid be referred to the Park Commis- sion and Engineer for study and report. OPENING OF BIDS - Purchase of Highway Dump Truck Following presentation of the affidavit of publication of the notice for bids for the record, the following bids were opened and read aloud: Bidder Bid Flinn Motor Corp $ 4, 296. 50 less trade-in 250. 00 Net Bid 4, 046. 50 Atlas Equipment Sales 5, 343. 00 less trade-in 600. 00 Net Bid 4, 743. 00 Willow Motor Sales Corp. 5, 592. 00 less trade-in 1, 357. 00 Net Bid 4, 235. 00 The bids were referred to the Superintendent of Highways, Town Attorney and Town Engineer for review and recom- mendation for award. PRESENTATION OF PETITIONS Upon the Supervisor's ascertaining that the large number of persons attending the meeting were present due to their concern with certain petitions received too late to be in- cluded on the formal agenda, the Board, by common consent, directed that the petitions be entertained at this time as an accommodation to those present and the following petitions were thereupon presented: 1. Petition of the Hommocks Property Owners Association This petition, enclosed with a letter addressed to the Board by Mr. Albert L. Lesser, President of the As- sociation, under date of June 2, 1964 following the U. S. Army Engineer Corps hearing on the proposed Larch- mont Harbor improvement held on the morning of that date, was presented by Mr. Samuel Ungerleider, Vice President of the Association, in Mr. Lesser's absence, and read as follows: "We, the members of the Hommocks Property Owners Association, Inc. , residents of the Town of Mamaroneck, respectfully petition and urge the Council of the Town of Mamaroneck to adopt the courses of action as set forth below: 1- In consideration of the events of the hearing of the -4- Army Engineers relative to the marina project, at which it became evident (a) that the cost of the project would be large; (b) that there are a number of problem areas connected with its construction; (c) that the consensus of those at- tending the hearing was overwhelmingly op- posed to the project; and (d) that tabling of the project at this time could be done withoutprej- udice and would in no way prevent the reopen- ing of consideration of the project at a later date, we urge that the Town Council request that the Army Engineers so table further con- sideration at this time. 2- We further urge that an immediate survey of al- ternative development of Town land in the Hom- mocks area be undertaken and brought to at least as completed a level as was the marina project so that it may similarly be presented to the citizenry. We urge that such a survey in- clude the following possibilities: (a) the construction of a tidegate and the dredg- ing of the resultant basin so that it is usable for rowboats, paddle boats, canoes and similar craft that are applicable to young people's recreation programs. (b) the development of playing fields, tennis courts, handball courts, shuffleboard alleys and similar facilities to supplement over- crowded existing facilities in Flint Park. (c) the construction of a swimming pool for lo- cal residents' use. (d) the construction of a young people's club- house or recreation center. (e) the construction of a facility for senior citizens. " 2. Petition of Cargill Park Association Another petition, addressed to the Board by the Cargill Park Association under date of June 1, 1964 was then presented by Mr. Kenneth E. Roxbury, Chairman Pro Tern of the Association, which read as follows and was also ordered received and filed for the record: "We, the undersigned, as taxpayers and homeowners in the Town of Mamaroneck, unite to register with the Town Council a formal and vigorous protest against the presently planned location of the Cargill Park base- ball field. We hereby petition the Town Council to take under consideration and advisement a plan to relocate this -5- recreational facility. We further ask the Council's consideration of the following: We contend that: 1. The present site of the baseball field will adversely affect the market value of the privately owned real estate surrounding the school area. 2. The present field site will place an onerous burden of inconven- ience and lack of privacy on the citizens whose homes are ad- jacent to the field proper. 3. This recreational facility would better serve the interest of the community in general and the homeowners in particular if it were located some place other than on needed school land. 4. The members of the Board of Education would, if polled, pre- fer to be free to utilize this val- uable acreage for the good of all the school children rather than for only a handful, and on- ly for a limited use. 5. There is Town land available -- within the same general area which is more ideally suited to use as a Little League base- ball field. We respectfully offer this alternative for the Town Coun- cil's consideration. Recently, the Town was given, free of cost, a large parcel of land along Hommocks Road to be used for recreational purposes. Presently much of this property has been filled and could easily be trans- formed into, not one but several Little League fields if needs be. The cost of land acquisition is not a problem since the land was donated to the Town. Since this land is more or less isolated, or could be made so, incon- venience to private citizens would be non-existent. The obvious advantages, when compared to present planning, are many. We understand that the agreement with the Town, under which the School District acquired the park for elemen- tary school construction, was conditioned on providing recreational facilities, including maintenance of the Little League diamond. At the time this agreement was entered into, however, the Hommocks Road land was not available. As Dr. Haake explained, the Town holds the key to the field's relocation. As The Daily Times quoted one of the School Board members, ". . . . . . the -6- School Board would be happy to change its plans on this score if the Town were willing. " We trust the Town Council will take our request un- der serious consideration and come to a quick and favorable decision. We feel that if all the facts, both pro and con, are carefully assessed, there can only be one decision - to move the field to the Horn- mocks area. " 3. Resolution of Larchmont Hills Civic Association Upon recognition by the Chair, Mr. Hayden Smith, Pres- ident of The Larchmont Hills Civic Association, addressed the Board, presenting the following resolution adopted by the Association at its Annual Meeting on June 2, 1964: ' "The Larchmont Hills Civic Association, taking note (1) that the U. S. Army Corps of Engineers has pro- posed a plan of improvement of Larchmont Harbor, and (2) that this plan is contingent upon the construction of suitable marina facilities and other financial par- ticipation by the Town of Mamaroneck and the Vil- lage of Larchmont, and (3) that the financial obligations of the Town of Ma- maroneck and the Village of Larchmont would be substantially affected by local participation in this plan, and (4) that the character of the marina facilities, the method of financing, and other facts relative to this plan and its bearing on the recreational use of municipal properties have not been fully determined, hereby recommends that the Mamaroneck Town Board and the Larchmont Village Board jointly and at their earliest mutual convenience appoint a Citizens Committee (1) to study the proposal of the Corps of Engineers, (2) to determine all the relevant facts concerning this proposal from a local interest point of view, with particular reference to financial matters, (3) to consider the necessity and advisability of the proposed development, (4) to explore the possible alternatives for devel- oping that part of the municipal properties which would be affected, (5) to make specific recommendations to the Town and the Village, and (6) to report its findings at a Public Meeting. " In concluding the discussion, during which members of both the Hommocks and Cargill Park Associations were _- heard at some length in protest to the proposed Larchmont Harbor improvement and the present location of the base- ball Lfield , the Board directed that the suggestions offered be taken under consideration and study, and further that the Supervisor and Councilwoman be designated as a Com- mittee of the Board to appeal to the Board of Education for relief to the protests voiced by the residents of the Cargill Park area. -7- A7 PUBLIC HEARING - Extension of Sewer District No. 1 - Section "Q" On motion by Councilman Kane, seconded by Councilman Brush, it was unanimously RESOLVED, that the hearing be and it hereby is de- clared open. Affidavits of publication and posting of the Order calling the hearing were presented for the record, and the Super- visor inquired whether anyone present wished to be heard on this matter. Mr. Hayden Smith inquired as to the location of the area concerned and the Supervisor described the area and ex- plained that this was merely to formalize what had been done -- that is the installation of the sewers by the devel- oper at no cost to the Town. Whereupon since no one else wished to be heard, on mo- tion by Councilman Brush, seconded by Councilman Quad- rine, it was unanimously RESOLVED, that the hearing be and it hereby is declared closed. And thereupon, the following resolution was presented: In the Matter of Extending Sewer District No. 1 in the Town of Mamaroneck, County of Westchester, State of New York, pursuant to Article 12-A of the Town Law. WHEREAS, a map, plan and report relating to the ex- tension of Sewer District No. 1, prepared by H. G. Johnston, a competent engineer, duly licensed by the State of New `.'ork, in manner and in such detail as has been determined by the Town Board of Mamaro- neck, has been duly filed with the Town Clerk of Ma- maroneck, in accordance with the requirements of Article 12-A of the Town Law; and WHEREAS, an order was duly adopted by the Town Board of Mamaroneck on May 6, 1964, reciting the filing of said map, plan and report, the improve- ments proposed, the boundaries of the proposed district, the fact that the proposed method of finan- cing the cost of said improvement is to be borne wholly by the developer of the property and at no cost to the Town of Mamaroneck, the fact that the map, plan and report describing the same are on file in the Town Clerk's Office for public inspec- tion, and stating all other matters required by law to be stated, and specifying June 3, 1964, at 8:15 p. m. on that day, as the time, and the Council Room in the Weaver Street Fire House as the place where the said Town Board would meet to consider said map, plan and report, and to hear all persons interested in the subject thereof con- -8- cerning the same, and to take action thereon as is re- quired or authorized by law; and WHEREAS, such order was duly published and posted as required by law; and WHEREAS, a hearing on said matter was duly held by the said Town Board on the 3d day of June, 1964, be- ginning at 8:15 p. m. of that day, at the Council Room in the Weaver Street Fire House in said Town, and full discussion of the matter having been had, and all persons desiring to be heard, having been duly heard, NOW, upon the evidence given upon such hearing, and upon motion of Councilman C. Benjamin Brush, Jr. > seconded by Councilman Anthony G. Quadrine, it is RESOLVED AND DETERMINED (a) That the notice of hearing was published and posted as required by law, and is otherwise suf- ficient. (b) That all property and property owners within the proposed district are benefited thereby. (c) That all the property and property owners bene- fited are included within the limits of the pro- posed district. (d) That it i s in the public interest to establish said drainage district. FURTHER RESOLVED AND DETERMINED that the es- tablishment of the extension of Sewer District No. 1, as set forth in said map, plan and report, be approved; that the improvement thereon mentioned be constructed, and the necessary easements and lands be acquired at the expense of the developer and at no cost to the Town of Mamaroneck; and such district shall be known and designated as Section "Q" of Sewer District No. 1 in the Town of Mamaroneck, and shall be bounded and described as follows: BEGINNING at a point in the southerly line of Fen- imore Road, which point is the intersection of said southerly side of Fenimore Road and the division line between lands of the Bonnie Briar Realty Company, Inc. and lands known as Parcel "A", as shown on "Re- vised Subdivision Map of Soundview Woods, Sections One and Two, Town of Mamaroneck, Westchester County, New York' , made by Thomas J. McEvoy, Surveyor, dated July 28, 1961, and filed in the West- chester County Clerk's Office on October 6, 1961 as Map No. 13009; thence along the general westerly boundary of the parcel herein described which is the easterly line of lands of the Bonnie Briar Realty Company, Inc. , the following courses: south 18° 54' 20" west 290. 67 feet; south 51 - 58' 35" east 75. 75 feet; south 47° 48' 00" east 119. 94 feet; south -9- 15° 15' 30" east 36. 13 feet; south 160 06' 08" west 358. 32 feet; south 17° 29' 42" west 97. 57 feet; south 32° 39' ZO" west 117. 94 feet; south Z4° 51 ' 57" west 408. 21 feet; south 17° 13' 45" west 376. 42 feet; south 5° 14' 45" west 181. 73 feet; south 70 56' 49" east 60. 88 feet; south 40° 11 ' 32" west 158. 45 feet to lands known as Lot 407 (or 407-A) on "Map of Rouken Glen-Bonnie Briar Section" as filed in the office of the Clerk of the County of Westchester as Map No. 3551, which lands known as Lot 407 (or 407-A) belong now or formerly to Eugene T. Treg- anowan; thence the following courses along lands of said Treganowan, lands of Matthew Manes and wife and lands now or formerly of the Westchester County Park Commission and others, which said line hereafter described is contiguous (until herein- after noted) with a certain line described as the northerly boundary of Sewer District No. 1, as ex- tended, as set forth in Chapter 629 of the Laws of 1939 of the State of New York, the following cour- ses: north 58° 54' 25" east and along the westerly line of lands now or formerly of said Treganowan, 149. 15 feet to a point; thence north 62° 55' 55" east and along the westerly line of lands of said Manes and wife, a distance of 79. 49 feet; thence south 28° 51 ' 35" east 309. 65 feet to the northerly line of Bonnie Briar Lane as shown on the filed map of Rouken Glen-Bonnie Briar Section 3551 herein- before referred to; thence south 28° 51 ' 351' east and along the easterly line of said Bonnie Briar Lane 104. 00 feet to the northerly boundary of lands now or formerly of the Westchester County Park Commission; thence the following courses along the northerly boundary of said Westchester County Park Commission lands: north 69° 12' 43" east Z07. 59 feet; south 75° 39' 45" east 718. 06 feet to a point on the westerly boundary line of lands shown on a map entitled, "Fenimore Cooper Park, Inc. , Section G", filed in the office of the Clerk of the County of Westchester as Map No. 2804; thence northeasterly and northwesterly along the boundary line of said lands of Fenimore Cooper Park, Inc. Section G, the following courses: north 23° O1 ' 10" west 48. 80 feet; north 60° 28' 20" east 393. 74 feet to a point; thence in a northwesterly direction and continuing along the boundary of said map of Fen- imore Cooper Park, Inc. Section G, and also along the westerly boundary of lands known as "Mamaro- neck Heights Company, Inc. " as shown on map filed in the office of the Clerk of the County of Westches- ter as Map No. 2480, the following courses: north 31 * 55' 50" west 273. 72 feet; north 31* 11 ' 35"west 66. 80 feet; north 33° 31 ' 10" west 90. ZO feet; north 33° 04' 40" west 52. 11 feet to a point; thence in a northeasterly direction through lands shown on said Map of Mamaroneck Heights Company, Inc. and across a street known as York Road, north 30° 50' 11" east 134. 57 feet to a point in the easterlylineof said York Road; and it is from this point that the courses hereafter described digress and depart from -10- .v the northerly limits of Sewer District No. 1 as des- cribed in Chapter 629 of the Laws of 1939 of the State of New York, which point is also defined as be- ing the intersection of the westerly line of Lot No. 144 with the northerly line of York Road as shown on Map of Fenimore Cooper Park, Inc. Section E, filed in the Register's office (now the office of the -_ Clerk of the County of Westchester) in Volume 55, page 80; thence digressing and departing from the boundary of the previously existing Sewer District No. 1 on a curve to the right in a northwesterly direction having a radius of 1230. 00 feet, a length of 378. 71 feet to a point; thence south 37° 43' 36" west a distance of 130. 38 feet along the easterly lands of property now or formerly of Kleinman as shown on map entitled, "Revised Subdivision Map of Soundview Woods-Sections One and Two", as filed in the Westchester County Clerk's office on October 6, 1961 as Map No. 13009, to the south- easterly corner of said lands of Kleinman; thence along the southwesterly lands of Kleinman the fol- lowing courses: north 54° 54' 15" west 13. 07 feet; north 42° 05' 00" west 49. 52 feet; north 21° 32' 30" west 40. 23 feet; north 38° 09' 30" west 196. 88 feet; north 9° 21 ' 00" west 19. 69 feet to a point; thence continuing along the southwesterly boundary of lands of Kleinman and also along the south- westerly boundary of Lots Nos. 2, 3 and 4 as shown on "Map of Sheldrake River Acres" filed in the office of the Clerk of Westchester County as Map No. 7499, which line is also the northeasterly boundary of the "Revised Subdivision Map of Sound- view Woods' , Map No. 13009, hereinbefore refer- red to, the following courses: north 15° 52' 20" west 320. 75 feet; north 23° 26' 35" west 158. 10 feet; north 26° 34' 10" west 273. 94 feet; north 15° 15' 30" west 69. 77 feet; north I ' 29' 05" west 11. 10 feet; north 33° 27' 30" east 6. 86 feet; north 27° 04' 20" west 57. 13 feet; north 47° 48' 00" west 130. 24 feet to a point; thence along the northwes- terly boundary of Lot No. 4 on the aforesaid Map of Sheldrake River Acres, Map No. 7499, the fol- lowing courses: north 50° 21 ' 00" east 110. 56 feet; north 51 ° 57' 30" east 57. 90 feet; north 56° 30' 40" east 63. 37 feet to a point in the southerly line of Fenimore Road; thence along said southerly line of said Fenimore Road, north 54° 18' 50" west 233. 15 feet to the southerly boundary of lands of the Bonnie Briar Realty Company, Inc. , and the point or place of beginning. The boundaries described are intended to include all property within said boundaries, excepting the prop- erty already included within the existing Sewer Dis- trict No. 1 above referred to as shown in the map on file in the Town Clerk's office. FURTHER RESOLVED, that the proposed improve- ' went, including construction costs, cost of acquisi- tion of lands and easements, legal and engineering -11- fees, and all other expenses, be financed entirely by the developer of the land and at no cost to the Town of Mamaroneck. After the sewers are com- pleted the Town of Mamaroneck will take over the sewer in accordance with the provisions of the Town Law; and it is FURTHER RESOLVED, that this resolution is sub- ject to a permissive referendum as provided in Section 209-e of the Town Law. The adoption of the foregoing resolution was duly put to a -- vote, and upon roll call, the vote was as follows: George D. Burchell, Supervisor voting aye Peter F. Kane, Councilman " aye C. Benjamin Brush Jr. , Councilman " aye Christine K. Helwig, Councilman " aye Anthony G. Quadrine, Councilman " aye The resolution was thereupon declared duly adopted. NEW BUSINESS c. Request for Authorization of Investment of Surplus Highway Funds Pursuant to memorandum addressed to the Board by the Comptroller under date of June 2, 1964, on motion by Councilman Brush, seconded by Councilman Kane, it was unanimously RESOLVED, that the Supervisor be and he hereby is authorized to invest surplus Highway funds in the amount of from $80, 000. to $100, 000. in Certifi- cates of Deposit for a period of three (3) months, at the rate of 3. 95% interest, in the First Westchester National Bank, duly designated as a depository for funds by the Town of Mamaroneck. OLD BUSINESS a. Report on Incineration Complaint (Mrs. R. W. Hemmerich) A report entitled, "Smoke Complaint from Mrs. Hem- merich--Town Board Directed Town Engineer to Inves- tigate", addressed to the Board by the Engineer under date of June 1, 1964, was herewith presented and or- dered received and filed. b. Report re Drainage Situation (Complaint of Arthur C. Melervey, Jr. ) A report addressed to the Board by the Engineer on the matter of a drainage complaint by Mr. Arthur C. Melervey -12- f' Jr. of 136 North Chatsworth Avenue, presented at the last meeting and referred to the Engineer at that time, was herewith presented and ordered received and filed with the Engineer directed to communicate his findings directly to Mr. Melervey. c. Report - Stonewall-Prince Willows Petition for Extension of Sewer District No. 1 For the Board's information, the Attorney summarized a lengthy memorandum addressed to the Board and him- self by the Engineer under date of June 1, 1964, regard- ing the subject petition's conformance with various legal requirements and the ultimate sewer system contem- plated by the Town, recommending that the matter be kept on the agenda pending amendment of the petition, which was so ordered by the Board. d. Progress Report - Murdock Woods (Salem Drive) With reference to the satisfactory completion of Salem Drive, the Engineer advised the Board that he had an ap- pointment with Mr. Fratello of the Royal Globe Indemnity Company, the bonding company, to go over the deficien- cies, following which he would submit a further report to the Board on this matter. COMMUNICATIONS a. Public Service Commission Notice (New Rochelle Water Co. ) A notice of the "Proceeding on motion of the Commission as to the rates and charges of The New Rochelle Water Company for water service" was presented for the Board's information and herewith ordered received and filed. b. Notice of Hearing - Planning Commission, Village of Scarsdale A notice of hearing before the Planning Commission of the Village of Scarsdale concerning property located within 500 feet of the Town was presented, and upon the Attorney's re- port that the matter required no action on the part of the Board, was herewith ordered received and filed. REPORTS The Town Clerk -- In the Clerk's absence, the Secretary presented the follow- ing reports which were ordered received and filed: -13- Report of the Building and Plumbing Inspector for the month of May, 1964. Report of the Receiver of Taxes and Assessments for the month of May, 1964. Report of Receipts and Disbursements of the Town of Mamaroneck for the period from January 1 - April 30, 1964. The Supervisor -- The Supervisor stated that he had no report at this time. Councilwoman Helwig -- 1. Request for Authorization to Advertise for Bids - Paving, Memorial Park Pursuant to recommendation by Councilwoman Helwig and on her motion, which was seconded by Councilman Kane, it was unanimously RESOLVED, that the Town Clerk, in accordance with law, be and he hereby is authorized to publish in the official newspaper of the Town of Mamaro- neck, The Daily Times, a notice for sealed bids to be returnable July 1, 1964, and opened and read aloud at a regular meeting of this Board at 8:15 p. m. that evening, for the construction of "Pro- posed Paving Work Beneath and Adjacent to Murray Avenue Bridge, Town of Mamaroneck, New York" in accordance with the plans and specifications prepared by the Town Engineer and filed in the Of- fice of the Town Clerk. Councilman Kane -- Councilman Kane presented the following memoranda, ad- dressed to the Board by the Town Engineer under dates of June 1 and June 2, 1964: 1. Request to authorize the Town Clerk to send, free of charge, copies of the Planning Board and the Zoning Regulations to Mr. Robert A. Hanington, Engineer of the Town of Babylon, which on his motion, sec- onded by Councilman Brush, was so ordered. 2. Report on Bonnie Way - Various Problems This report was presented for the Board's informa- tion and herewith ordered received and filed for the record. -14- A Councilman Brush -- Councilman Brush stated that he had no report other than that pertaining to Fire matters. Councilman Quadrine -- 1. Apportionments Councilman Quadrine presented the following petitions from the Assessor requesting correction of the assess- ment roll so as to permit the apportionment of taxes, and on his motion, seconded by Councilman Kane, the following resolution was adopted unanimously: WHEREAS, the Assessor has presented the follow- ing petitions for the correction of the assessment roll for certain years pursuant to the provisions of Section 557, Article 16 of the Westchester County Administrative Code, known as the Westchester County Tax Law; and WHEREAS, after due consideration, this Board finds it desirable to grant said petitions for the cor- rection of said assessment roll: NOW, THEREFORE, BE IT RESOLVED, that the assessment roll of 1963, school taxes of 1964, which shows property now ap- pearing on the roll as follows: Block Parcel Name Land only 304 443 G. H. S. Estates, Inc. $6, 200 be corrected as follows in accordance with the pro- visions of subdivision 5 of Section 557: Block Parcel Name Land only 304 443 G. H. S. Estates, Inc. 5, 600 304 501 Paubert Enterprises Inc. 600 and be it further RESOLVED, that the assessment roll of 1963, school taxes of 1964, which shows property now ap- pearing on the roll as follows: Block Parcel Name Land only --- 502 11 Elena S. Peterson 4, 400 be corrected as follows in accordance with the pro- visions of subdivision 5 of Section 557: Block Parcel Name Land only 502 11 Elena S. Peterson 4, 200 502 200 Frank S. Spencer & W 200 -15- and be it further RESOLVED, that the assessment roll of 1963, school taxes of 1964, which shows property now ap- pearing on the roll as follows: Block Parcel Name Land Imp Total 206 352 Mildred M. Heede $ 4, 800 $ 19, 700 $ 24, 500 be corrected as follows in accordance with the pro- visions of subdivision 5 of Section 557: Block Parcel Name Land Imp Total 206 352 George R Lashnits & W 3, 800 19, 700 23, 500 206 601 Mildred M. Heede 1, 000 1, 000 and be it further RESOLVED, that the assessment roll of 1963, school taxes of 1964, which shows property now ap- pearing on the roll as follows: Block Parcel Name Land Imp Total 132 33 Gaetano Guglielmo 12, 800 7, 400 20, 200 be corrected as follows in accordance with the pro- visions of subdivision 5 of Section 557: Block Parcel Name Land Imp Total 132 33 Gaetano Guglielmo 11, 300 1, 000 12, 300 132 148 G. Guglielmo Corp 1, 500 6, 400 7, 900 and be it further RESOLVED, that the assessment roll of 1963, school taxes of 1964, which shows property now ap- pearing on the roll as follows: Block Parcel Name Land Imp Total 902 358 Henry B erman 2, 000 5, 500 7, 500 be corrected as follows in accordance with the pro- visions of subdivision 5 of Section 557: Block Parcel Name Land Imp Total 902 358 Domenico Barbieri & W 1, 300 5, 500 6, 800 902 435 Henry Berman 700 700 The Town Attorney -- 1. Municipal Ordinance Codification The Attorney presented for the Board's information, a -16- pamphlet presenting "A Modern System of Municipal Or- dinance Codification", published by the General Code Publishers, requesting authorization to have Mr. John F. Zea of said company examine the Town's ordinances at no cost to the Town for preparation of a preliminary estimate of the scope and cost of such a service for the Town, which was so authorized. 2. Settlement - Stonecrest Certiorari Proceedings Pursuant to a memorandum addressed to the Supervi- sor and Councilmen under date of May 18, 1964 on the matter of the Jefferson-Chatsworth, Inc. Certiorari herewith presented by the Attorney and ordered re- ceived and filed, and in accordance with his recommen- dation that the proceedings be settled, on a motion of- fered by Councilman Quadrine and seconded by Council- man Kane, upon roll call the following resolution was adopted by a unanimous vote of the Board with all mem- bers thereof present and voting: WHEREAS, heretofore writs of certiorari were ob- tained by Jefferson-Chatsworth, Inc. , owner of the parcel of property known and described as Block 133 - Parcel 514 on the Tax Assessment Map and Assessment Roll of the Town of Mamaroneck, for the following years: 1962 for taxes of 1963 and 1963 for taxes of 1964; and WHEREAS, the Town Attorney recommends to this Board that the proceedings be settled and discon- tinued upon the reduction of certain of these assess- ments; NOW, THEREFORE, BE IT RESOLVED, that the assessments for the years 1962 for taxes of 1963 and 1963 for taxes of 1964, up- on property owned by Jefferson-Chatsworth, Inc. and - described upon the Assessment Map and Assessment Roll of the Town of Mamaroneck as Block 133 - Par- eel 514 be reduced as follows: From - Assm't. Tax Year Year Land Improvements Total 1962 1963 $42, 500. $423, 000. $465, 500. 1963 1964 42, 500. 423, 000. 465, 500. To - 1962 1963 42, 500. 343, 110. 385, 610. 1963 1964 42, 500. 343, 110. 385, 610. provided the certiorari proceedings now pending in the name of Jefferson-Chatsworth, Inc. for the years -17- 1962 for taxes of 1963 and 1963 for taxes of 1964 be discontinued without costs as against either party; and it is FURTHER RESOLVED, that all refunds of taxes due by reason of such reductions be paid without in- terest; and it is FURTHER RESOLVED, that the Town Attorney is hereby authorized and directed to sign the neces- sary stipulation to obtain an order of the Supreme Court providing for such reductions. ADJOURNMENT There being no further business to come before the meeting, on motion duly made and seconded, it was declared adjourned at 10:30 p. m. , to reconvene on July 1, 1964. 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 the following claims for approval and authorization of payment, and on his motion, seconded by Commissioner Kane, it was unanimously RESOLVED, that the following Fire Department claims as audited by the Comptroller and approved by the Fire Chief be and they hereby are approved, and the Super- visor and Comptroller authorized to pay the same out of the 1964 Fire Department budget: New York Telephone Company $ 92. 70 Suburban Electronic Service 10. 70 Total $ 103. 40 2. Reports and Communications Commissioner Brush stated that there were no reports to be presented at this time nor any communications. 3. Adjournment There being no further business, on motion duly made and seconded, the meeting was declared adjourned at 10:35 p. m. , to reconvene on July 1, 1964. At 6 -18-