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HomeMy WebLinkAbout1964_08_05 Town Board Minutes MINUTES OF A REGULAR MEETING OF THE TOWN BOARD OF THE TOWN OF MAMARONECK, HELD AUGUST 5, 1964, IN THE COUNCIL ROOM OF THE WEAVER STREET FIREHOUSE, WEA- VER 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 Brush Councilwoman Helwig Councilman Quadrine Absent: Councilman Kane Also Present: Mr. Gronberg - Town Clerk Mr. Johnston - Town Attorney Mrs. Brewer - Secretary Mr. Altieri - Comptroller Mr. Kellogg - Town Engineer Mr. Paonessa - Building Inspector APPROVAL OF MINUTES On motion duly made and seconded, the minutes of the regular meetings of May 6 and May 20, 1964 were approved as submitted. OLD BUSINESS There was no old business to come before the meeting. NEW BUSINESS 1. Applications for Special Permits to Construct Swimming Pools 1. Mr. & Mrs. Carl Mydans - Hommocks Road The Clerk presented the subject application together with a memorandum addressed to the Board by the Building In- spector stating that he had examined the plans and in- spected the site for the proposed pool and recommending that the permit be granted subject to the conditions listed therein, which was herewith ordered received and filed for the record. He also advised the Board that the property owners named below had been notified of the application and presented the replies received, which were ordered filed for the record, as follows: Mr. A. E. Wullschleger 214 Hommocks Road - No reply -1- Mr. David T. Miralia Hommocks Road - No objections The Supervisor then inquired whether any one present wished to be heard on this application, and since no one did, on motion by Councilwoman Helwig, seconded by Councilman Brush, the following resolution was adopted unanimously with direction that a certified copy thereof be forwarded to the Building Inspector and applicant: WHEREAS, Mr. and Mrs. Carl Mydans have pre- sented an application for a permit to construct a swimming pool and appurtenances on premises lo- cated on Hommocks Road, Town, and known as Block 416 - Parcel 75 on the Assessment Map of the Town of Mamaroneck; and WHEREAS, the Building Inspector of the Town of Mamaroneck has examined the plans and specifi- cations for the proposed pool; and WHEREAS, the Building Inspector finds that the plans and specifications as amended and supple- mented to include certain recommended condi- tions conform in all respects with the require- ments 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 Mr. and Mrs. Carl Mydans for a permit to construct a swimming pool on their premises located on Hommocks Road, Town, and known as Block 416 - Parcel 75 on the Assessment Map of the Town of Mamaroneck, is hereby approved, and the Building Inspector is hereby authorized to issue a permit for same pro- vided the pool is constructed in conformance with the plans and specifications submitted and filed with the application as amended and supplemented to show compliance with the following conditions: 1) That any contemplated above-the-ground light- ing should be shielded and directed away from neighboring property and streets. 2) That no temporary or portable cabanas or awn- ings be placed on the property. and be it further RESOLVED, that all work must be completed and the owner obtain a certificate of occupancy from the Building Inspector before the pool is used. -2- 2. Mr. & Mrs. Alphonse Marx - 4 Fairway Drive The Clerk presented the subject application together with a memorandum addressed to the Board by the Building In- spector, stating that he had examined the plans and in- spected the site for the proposed pool and recommending that the permit be granted subject to the conditions con- tained therein, which was herewith ordered received and filed for the record. He also advised the Board that the property owners named below had been notified of the application, and presented for the record, the replies received as follows: Dr. L. B. Frank 3 Fairway Drive - No reply Mr. William Cannella W. Red Oak Lane White Plains, New York - No reply Mr. Isidore Feil 3 Stonewall Lane - No reply Mrs. Evelyn Levitt 7 Stonewall Lane - No objection provided hedge is planted along adjoining property line. The Supervisor then inquired whether any one in addition to the applicant, Mrs. Marx, who was present, wished to be heard on this application, and since on one did, on mo- tion by Councilman Quadrine, seconded by Councilwoman Helwig, the following resolution was adopted by unanimous vote and the Clerk directed to forwarda certified copy thereof to the applicant and Building Inspector: WHEREAS, Mr. and Mrs. Alphonse Marx have pre- sented an application for a permit to construct a swimming pool and appurtenances on premises lo- cated at 4 Fairway Drive, Town, and known as Block 333 - Parcel 892 on the 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 theplans and specifications as amended and supplemented to include certain recommended conditions conform in -- all respects with the requirements of the swimming P001 ordinance (Article 23 of the Building Code), and therefore recommends that the application be ap- proved; NOW, THEREFORE, BE IT _3_ RESOLVED, that the application of Mr. and Mrs. Al- phonse Marx for a permit to construct a swimming pool on their premises located at 4 Fairway Drive, Town, and known as Block 333 - Parcel 892 on the Assessment Map of the Town of Mamaroneck, is hereby approved, and the Building Inspector is here- by authorized to issue a permit for same provided the pool is constructed in conformance with the plans and specifications submitted and filed with the appli- cation as amended and supplemented to show com- pliance with the following conditions: 1. That the proposed fence along the southerly side of the pool be built a minimum distance of ten (10) feet north from the southerly property line so that an evergreen screen can be planted be- tween the fence and said property. 2. That the top rail of the proposed fence be a minimum of 4' 6" above the ground. 3. That approximately 20 lineal feet of 5-foot high shrubbery be placed along the rear property line between property of Marx and Levitt. 4. That any contemplated above-the-ground lighting be shielded and directed away from neighboring property and streets. 5. That no temporary or portable cabanas or awn- ings be placed on the property. and be it further RESOLVED, that all work must be completed and the owner obtain a certificate of occupancy from the Building Inspector before the pool is used. 3. Dr. and Mrs. E. Dickler - 25 Mohegan Road The Clerk presented the subject application together with a letter addressed to the Board by the applicant under date of July 24, 1964, requesting permission to use Town owned land as a way of ingress and egress for the trucks and equipment to be used for the construction of the pool, and a memorandum addressed to the Board by the Building In- spector stating that he had examined the plans and inspected the site for the proposed pool, and recommending that the permit be granted subject to the conditions contained there- in, which were herewith ordered received and filed for the record. He also advised the Board that the property owners named below had been notified of the application, and presented for the record, the replies received as follows: Mrs. Jean Prince 21 Mohegan Road - No reply -4- Mr. William Trenholm 29 Mohegan Road - No reply Mr. Mervin C. Pollak 20 Mohegan Road - No objection. Mrs. Lynn Straus 22 Mohegan Road - No objection. Following some discussion of the applicant's request to use Town property for ingress and egress purposes during the pool's construction, Dr. Dickler, upon question, stated that he would be willing to sign an agreement to be composed and forwarded by the Town Attorney, providing (a) that no large trees would be cut or mutilated, (b) that the premises would be restored to their former condition upon completion of the work, and (c) that the Town would be held harmless for any damages to third parties while the work was carried on, were the request granted. And thereupon since, in reply to the Supervisor's inquiry, no one else wished to be heard on this application, on motion by Councilman Brush, seconded by Councilwoman Helwig, the following resolution was adopted by unanimous vote, with the Clerk directed to forward certified copies thereof to the applicant and Building Inspector, and the Attorney directed to forward agreement as heretofore stipulated to the appli- cant for signature: WHEREAS, Dr. and Mrs. E. Dickler have presented an application for a permit to construct a swimming pool and appurtenances on premises located at 25 Mo- hegan Road, Town, and known as Block 208, Parcel 530 on the Assessment Map of the Town of Ma- maroneck; 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 as amended and supplemented to include certain recommended conditions conform in all respects with the requirements of the swimming pool ordinance (Article 23 of the Building Code), and therefore recommends that the application be ap- proved; NOW, THEREFORE, BE IT RESOLVED, that the application of Dr. and Mrs. E. Dickler for a permit to construct a swimming pool on their premises located at 25 Mohegan Road, Town, and known as Block 208, Parcel 530 on the Assessment Map of the Town of Mamaroneck, is hereby approved, and the Building Inspector is hereby authorized to is- -5- sue a permit for same provided the pool is constructed in conformance with the plans and specifications sub- mitted and filed with the application as amended and supplemented to show compliance with the following conditions: 1. That any contemplated above-the-ground lighting should be shielded and directed away from neighboring property and streets. 2. That no temporary or portable cabanas or awn- ings be placed on the property. and be it further RESOLVED, that all work must be completed and the owner obtain a certificate of occupancy from the Building Inspector before the pool is used. 4. Mr. Lawrence Ruben - 17 Kolbert Drive The Clerk presented the subject application together with a memorandum addressed to the Board by the Building In- spector, stating that he had examined the plans and inspected the site for the proposed pool, and recommending the permit be granted subject to the conditions contained therein, which was herewith ordered received and filed for the record. He also advised the Board that the property owners named below had been notified of the application, and presented for the record, the replies received as follows: Mr. D. Z. Zacharia Scarsdale Manor Apts. acarsdale, New York - No reply G. H. S. Estates, Inc. 44 Court Street Brooklyn, New York - No reply Paubet Enterprises Inc. 369 Boston Post Road Larchmont, New York - No reply And thereupon since in reply to the Supervisor's inquiry, no one wished to be heard on this application, on motion by Coun- cilman Brush, seconded by Councilwoman Helwig, the follow- ing resolution was adopted by unanimous vote, and the Clerk directed to forward certified copies thereof to the applicant and Building Inspector: WHEREAS, Mr. Lawrence Ruben has presented an ap- plication for a permit to construct a swimming pool and appurtenances on premises located at 17 Kolbert Drive, Town, and known as Block 307 - Parcel 13 on the As- sessment Map of the Town of Mamaroneck; and -6- 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 as amended and supplemented to include certain recommended conditions conform in all respects with the requirements of the swimming pool ordinance (Article 23 of the Building Code), and therefore recommends that the application be ap- proved; NOW, THEREFORE, BE IT RESOLVED, that the application of Mr. Lawrence Ru- ben for a permit to construct a swimming pool on his premises located at 17 Kolbert Drive, Town, and known as Block 307 - Parcel 13 on the Assessment Map of the Town of Mamaroneck, is hereby approved, and the Building Inspector is hereby authorized to is- sue a permit for same provided the pool is constructed in conformance with the plans and specifications sub- mitted and filed with the application as amended and supplemented to show compliance with the following conditions: 1. That any combination filter-heater installed as part of the equipment for the pool be of the type ap- proved and listed by the American Gas Association Laboratories. 2. That a 5-foot evergreen screen be placed along the southerly side-line between the property line and the proposed fence. 3. That a catch basin be connected to the drain from the back-wash, which is connected to the existing drainage system around the house. 4. That the elevation of the pool deck shall not be higher than 1 foot above the existing ground level. 5. That any contemplated above-the-ground lighting should be shielded and directed away from neighboring property and streets. 6. That no temporary or portable cabanas or awnings be placed on the property. and be it further RESOLVED, that all work must be completed and the owner obtain a certificate of occupancy from the Building Inspector before the pool is used. -7- 5.. Dr. Henry B. Makover - 3 Country Road The Clerk presented the subject application together with a memorandum addressed to the Board by the Building In- spector, stating that he had examined the plans and in- spected the site for the proposed pool, and recommending the permit be granted subject to the conditions contained therein, which was herewith ordered received and filed for the record. He also advised the Board that the property owners named below had been notified of the application, and presented for the record, the replies received as follows: Mr. Frank Fioretti 659 Forest Avenue - Rye - No reply Mr. George French 6 Country Road - No objection Joseph W. Gleicher Co. 55 Liberty Street - N. Y. G - No objection And thereupon since in reply to the Supervisor's inquiry, no one wished to be heard on this application, on motion by Councilman Quadrine, seconded by Councilman Brush, the following resolution was adopted by unanimous vote, and the Clerk directed to forward certified copies thereof to the ap- plicant and Building Inspector: WHEREAS, Dr. Henry B. Makover has presented an ap- plication for a permit to construct a swimming pool and appurtenances on premises located at 3 Country Road, Town, and known as Block 320 - Parcel 1 on the Assess- " ' ment Map of the Town of Mamaroneck; and WHEREAS, the Building Inspector of the Town of Mamar- oneck has examined the plans and specifications for the proposed pool; and WHEREAS, the Building Inspector finds that the plans and specifications as amended and supplemented to in- clude certain recommended conditions conform in all re- spects with the requirements of the swimming pool or- dinance (Article 23 of the Building Code), and therefore recommends that the application be approved; NOW, THEREFORE, BE IT RESOLVED, that the application of Dr. Henry B. Mak- over for a permit to construct a swimming pool on his premises located at 3 Country Road, Town, and known as Block 320 - Parcel 1 on the Assessment Map of the Town of Mamaroneck, is hereby approved, and the Building Inspector is hereby authorized to issue a per- mit for same provided the pool is constructed in con- ' formance with the plans and specifications submitted -8- and filed with the application as amended and supple- mented to show compliance with the following con- ditions: 1. That any combination filter-heater installed as part of the equipment for the pool be of the type approved and listed by the American Gas Asso- ciation Laboratories. 2. That a 5-foot high evergreen screen be placed along the westerly side and the northerly side of the pool. 3. That any contemplated above-the-ground light- ing be shielded and directed away from neigh- boring property and streets, 4. That no temporary or portable cabanas or awn- ings be placed on the property. and be it further RESOLVED, that all work must be completed and the owner obtain a certificate of occupancy from the Building Inspector before the pool is used. 6. Mr. Frank Carpino - 446 Weaver Street The Clerk presented the subject application together with a memorandum addressed to the Board by the Building In- spector, stating that he had examined the plans and in- spected the site for the proposed pool, and recommending that the permit be granted subject to the conditions con- tained therein, which were herewith ordered received and filed for the record. He also advised the Board that the property owners named below had been notified of the application, and presented for the record, the replies received as follows: Mr. Maurice H. Graux 434 Weaver Street - No objection Mr. Richard Sassenberg 450 Weaver Street - No reply Mr. Fred P. Crispens 11 Sheldrake Avenue - No reply Mr. Joseph P. Cullen 15 Sheldrake Avenue - No reply Mr. H. Wolfe 17 Sheldrake Avenue - No reply And thereupon since in reply to the Supervisor's inquiry, no one wished to be heard on this application, on motion by -9- Councilwoman Helwig, seconded by Councilman Brush, the following resolution was adopted by unanimous vote and the Clerk directed to forward certified copies thereof to the ap- plicant and Building Inspector: WHEREAS, Mr. Frank Carpino has presented an ap- plication for a permit to construct a swimming pool and appurtenances on premises located at 446 Weaver Street, Town, and known as Block 221, Parcel 159 on the 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 as amended and supplemented to in- clude certain recommended conditions conform in all respects with the requirements of the swimming pool ordinance (Article 23 of the Building Code), and there- fore recommends that the application be approved; NOW, THEREFORE, BE IT RESOLVED, that the application of Mr. Frank Carpino for a permit to construct a swimming pool on his premises located at 446 Weaver Street, Town, and known as Block 221, Parcel 159 on the Assessment Map of the Town of Mamaroneck, is hereby approved, and the Building Inspector is hereby authorized to is- sue a permit for same provided the pool is constructed in conformance with the plans and specifications sub- mitted and filed with the application as amended and supplemented to show compliance with the following conditions: 1. That any contemplated above-the-ground lighting should be shielded and directed away from neigh- boring property and streets. Z. That no temporary or portable cabanas or awn- ings be placed on the property. and be it further RESOLVED, that all work must be completed and the owner obtain a certificate of occupancy from the Building Inspector before the pool is used. 2. Authorization for Collection of 1964 School Taxes In accordance with the Tax Receiver's request, on motion by Councilman Brush, seconded by Councilwoman Helwig, it was unanimously -10- RESOLVED, that the Town Board of the Town of Ma- maroneck, in accordance with Section 550a of the Westchester County Tax Act, being Article 16 of the Westchester County Administrative Code as amended by Chapter 386 of the Laws of 1962, does hereby au- thorize the Receiver of Taxes of the Town of Mamar- oneck to accept from any taxpayer two partial pay- ments in equal installments for or on account of school taxes and apply such payments on account thereof, and that he shall accept payment of said school taxes in full at the discretion of the taxpayer, or as stated in two partial payments, with the first installment being due and payable in the month of September and the second being due and payable in the month of January following, provided that no in- stallment may be paid unless the first installment of current school taxes, including interest and penalty, shall have been paid or is paid at the same time. If the second partial payment is received during the month of January„ no interest or penalty shall be charged against the second partial payment; and be it further RESOLVED, that as provided in said statute, unless the first partial payment is received during the month of September and the second partial payment is re- ceived during the month of January, the penalty pro- vided for payment of school taxes as set forth in Sec- tion 542 shall be applicable as follows: First Installment September - No penalty October - Z% November - 5% December & January - 7% February & March - 10% April & thereafter up to date of sale - 12% Second Installment February & March - 10% April to date of sale - 12% and be it further RESOLVED, that the first installment shall be due and payable and become a lien on the taxable prop- erty of the school district on September 1, 1964, and the second installment on January 1, 1965; and be it further _..._ RESOLVED, that the Town Clerk, the Comptroller, the Receiver of Taxes, and the Assessor shall pre- pare a suitable form of tax receipt, to be prepared at the expense of the Town; and be it further -11- -M RESOLVED, that pursuant to Section 551 of Chap- ter 386 of the Laws of 1962, a statement concern- ing the tax information be printed, and the Re- ceiver of Taxes shall mail with each receipt for taxes a printed copy of such statement; and be it further RESOLVED, that the schedule of penalties be as follows: Penalty Schedule 1 st half 2nd half September No penalty ------- October 2% ------- November 5% ------- December & January 7% ------- February & March 10% 10% April to date of sale 12% 12% and be it further RESOLVED, that this resolution shall take effect immediately. 3. Designation of Polling Places 1964 - 1965 In accordance with the Clerk's recommendation here- with presented and ordered received and filed, on motion by Councilwoman Helwig, seconded by Councilman Brush, it was unanimously RESOLVED, that in accordance with the provisions of Section 66 of the Election Law, being Chapter 17 of the Consolidated Laws of the State of New York as amended, the Town Board of the Town of Mamaroneck hereby desginates a place for each election district in the Town, at which a meeting for the registration of voters, election, and primaries shall be held in the year following the ensuing first (1st) day of October as follows: District No. 1 Mamaroneck Avenue School, Mamaroneck Avenue, Mamaroneck, N. Y. District No. 2 Volunteer Firehouse, Mamaroneck Avenue, Mamaroneck, N. Y. District No: 3 Mamaro Firehouse, Palmer Avenue, Mamaroneck, N. Y. District No. 4 Central School, Boston Post Road, Mamaroneck, N. Y. _12_ District No. 5 Mamaroneck Avenue School, Mamaroneck Avenue Mamaroneck, N. Y. District No. 6 Chatsworth Avenue School, Forest Park Avenue, Larchmont, N. Y. District No. 7 Chatsworth Avenue School, Forest Park Avenue, Larchmont, N. Y. District No. 8 St. Augustine's Gymnasium, Larchmont Avenue, Larchmont, N. Y. District No. 9 Chatsworth Avenue School, Forest Avenue, Larchmont, N. Y. District No. 10 Showroom, Alfredo's Foreign Cars, 325 Boston Post Road, Larchmont, New York District No. 11 Chatsworth Garden Apartments, 14 No . Chatsworth Avenue, Larchmont, N. Y. District No. 12 --- Murray Avenue School, Daymon Terrace, Larchmont, New York District No. 13 Murray Avenue School, Daymon Terrace, Larchmont, N. Y. District No. 14 Weaver Street Firehouse, Weaver Street, Larchmont, N. Y. District No. 15 School of Sts. John & Paul, Weaver Street, Larchmont, N. Y. District No. 16 Mamaroneck Junior High School, Boston Post Road, Mamaroneck, N. Y. District No. 17 Showroom, Post Foreign Auto Sales, Inc. , 667 West Post Road, Mamaroneck, N. Y. District No. 18 _ Carleton House, Washington Square, Larchmont, N. Y. District No. 19 Weaver Street Firehouse, Weaver Street, Larchmont, N. Y. -13- District No. 20 School of Sts. John & Paul, Weaver Street, Larchmont, N. Y. District No. 21 Murray Avenue School, Daymon Terrace, Larchmont, N. Y. District No. 22 Palmer Terrace Apartments, Palmer Court, - Mamaroneck, N. Y. District No. 23 Mamaroneck Junior High School, West Post Road, Mamaroneck, N. Y. District No. 24 Mamaroneck Avenue School, Mamaroneck Avenue, Mamaroneck, N. Y. 4. Application for Water Main Extensions & Hydrants Mr. Edward Basso - Carriage House Lane, Inc. Pursuant to memorandum addressed to the Town Board by the Engineer and Attorney under date of July 21, 1964 submitting an application for water main extensions and hydrants in the Carriage House Lane Inc. development herewith presented and filed for the record, on motion by Councilman Brush, seconded by Councilman Quadrine, it was unanimously RESOLVED, that this Board hereby authorizes the in- stallation of the following water mains and hydrants - 2400 lineal feet of 8" C. I. pipe 520 " 6" " 180 " 4" It 6 hydrants in Carriage House Lane, Well House Lane, Well House Close, and Old White Plains Road, which property is known on the Assessment Map of the Town of Mamaro- neck as Section 3, Block 340, Parcel 413, located at #1178 Old White Plains Road, said mains and hydrants to be installed by the applicant, Edward Basso, at no cost to the Town of Mamaroneck, and in conformity with the drawings approved by the Planning Board of the Town of Mamaroneck and the requirements and specifications of the Westchester Joint Water Works, and subject to the applicant furnishing all easements required to the satisfaction of the Town Attorney. 5. Petition to Rescind Swimming Pool Permit (Dr. Valerioa Pasqua - 77 Cooper Lane) The Clerk presented a letter addressed to him by Jerome N. Wanshel, Counsellor-at-Law, requesting that the peti- tion enclosed therewith be presented at the August 5 Town Board meeting, which was herewith ordered received and filed. -14- This petition, which sought to rescind the swimming pool permit granted to Dr. Valerioa Pasqua of 77 Cooper Lane, was thereupon presented and, by direction of the Board, re- ferred to the Attorney and Building Inspector for study and report. Mr. Wanshel, who was present, then informed the Board that he would be away until after September 6th and there- fore requested that consideration of this matter be deferred until after that date, to which request the Board acquiesced. COMMUNICATIONS 1. Letter from Joseph F. Murphy - 5 Avon Road Re - Swimming Pool Permit of William Speyer For the Board's information, the Clerk presented a let- ter addressed to him by Joseph F. Murphy under date of July 7 with reference to the application of William Speyer of 1 Dundee Road for a swimming pool permit, together with copy of the Attorney's reply thereto, which were herewith ordered received and filed for the record. 2. Notices of Meetings - July 15 and August 5 & Zoning Board of Appeals, 3. Village of Larchmont The Clerk presented notices of meetings of the Zoning Board of Appeals of the Village of Larchmont on July 15 and August 5, which had been referred to the Attorney and upon his advice that no action was required by this Board thereon, were herewith ordered received and filed. 4. Letter from State Traffic Commission Re : Order Restricting Parking on West Side Route 125 For the Board's information, the Clerk presented a let- ter addressed to the Board by the State Traffic Commis- sion under date of July 21, 1964, enclosing for the Town's records, an order restricting parking on the west side of Route 125 in the Plymouth Road vicinity, which was here- with ordered received and filed. Not on Agenda 1. Request for Salary Authorizations Pursuant to memorandum addressed to the Board by the Comptroller under today's date, on motion by Councilman Brush, seconded by Councilman Quadrine, it was unani- mously RESOLVED, that this Board hereby authorizes the employment of the following personnel in the Town of Mamaroneck: Barbara Panseri - from part-time Junior Typist -15- compensated at the rate of $1. 50 per hour to full time Intermediate Typist, Recreation Department, to be compensated at the rate of $3, 640. 00 per annum. Lynn Hand - Junior Typist (temporary), Supervisor's Office, for a period of six weeks beginning July 6, 1964 and terminating August 14, 1964, to be compen- sated at the rate of $1. 50 per hour. Z. Resolution Authorizing Sewer Connection to Round Hill Building Corp. - Village of Mamaroneck For the Board's information, the Clerk presented a resolution adopted by the Board of Trustees of the Vil- lage of Mamaroneck at the request of this Board grant- ing a permit to the Round Hill Building Corp. to con- nect a building to be erected at #26 Revere Road to a Village sewer at that location, which was herewith or- dered received and filed. REPORTS The Town Clerk -- The Clerk presented the following reports which were or- dered received and filed for the record: Reports of the Building and Plumbing Inspector for the months of June and July, 1964. Reports of the Town Clerk for the months of June and July, 1964. Report of the Receiver of Taxes and Assessments for the month of July, 1964. Reports of the Westchester Shore Humane Society, Inc. for the months of June and July, 1964. Reports of Municipal Dog Patrol for the months of June and July, 1964. Report of Receipts and Disbursements, Town of Mamar- oneck, for the period from January 1 through May 31, 1964. I The Supervisor -- The Supervisor reported on the following matters: 1) Letter from Recreation Commission Receipt of letter, dated July 22, 1964, addressed to him by John Stahr, Commission Chairman, suggesting that the Town Board create a Joint Committee (to be composed of at least three persons from each of the three political subdivisions of the Town) authorized to 16 i �a examine all aspects of the potentials for appropri- ately expanded recreation facilities in the Larchmont Harbor - Hommocks area, and to draft a master, long- range plan for providing maximum facilities for the whole community with minimum conflicts of interest. Following discussion, in accordance with the recom- mendations of Councilman Quadrine and Councilwoman Helwig, it was directed that sometime after Labor Day a meeting of this Board be held with the two Village Boards for the purpose of jointly reviewing and con- sidering this proposal. 2. New Haven Railroad The Supervisor stated that the situation with regard to the New Haven at the County level was as reported in the press and that he had nothing more definitive to report - the ques- tion of support by the municipalities not on the New Haven, on which the Majority Leader of the Board of Supervisors suggested that a bi-partisan approach be taken, remaining undetermined at this time. Councilwoman Helwig -- Councilwoman Helwig reported on the following matters: 1. Letter from County Department of Parks, Rec- reation and Conservation -- Receipt of a letter from Charles E. Pound, Commis- sioner of the Department of Parks, Recreation and Con- servation of the County of Westchester, dated July 28, 1964, formally approving the recommendations of the Audubon Report, which was herewith ordered received and filed for the record. Z. Discharge of the Cross County Lands Study Committee Councilwoman Helwig recommended that the Cross County Lands Study Committee, which had been ap- pointed in March of 1962 and charged with the job of ascertaining the best ways to use the land deeded to the Town by the County for park and recreation purposes, having completed its assignment with diligence and high competence, be discharged with the sincere thanks and appreciation of this Board. In speaking of this Committee and the sixteen members comprising it whom she named at this time, Council- woman Helwig stated that during the more than two years it had existed, the Committee had held many meetings, consulted widely with County authorities, with Town and Village Boards and Commissions, with citizen groups and interested individuals, submitted interim progress reports, and appeared before the Board of Education -17- and other civic groups with a presentation of the rec- ommendations of the Audubon Study. Now, she con- tinued, with the acceptance of the Committee's final recommendations and the present beginning of their implementation, this Committee had completed the charge laid upon it and she therefore recommended its formal discharge at this time. Whereupon, on her motion, seconded by Councilman Brush, it was unanimously RESOLVED, that this Board hereby formally dis- charges the Cross County Lands Study Committee of the Town of Mamaroneck with its sincere thanks and appreciation of the diligent and compe- tent service rendered to the Town of Mamaroneck and its citizens; and be it further - RESOLVED, that the Supervisor, on behalf of this Board, write to the members of the Committee thanking each for his service to the Town and ex- pressing the hope that he will continue his in- terest in and support of the project so ably orig- inated by his Committee. 3. Appointment of Conservation Advisory Committee Pursuant to the Audubon Report recommendation and in order to facilitate the implementation of the Cross County Lands Study Committee final recommendations, upon mo- tion by Councilwoman Helwig, unanimously seconded, the following resolution establishing a Conservation Advisory Committee and appointing the members thereof following a brief resume of the particular qualifications of each proposed member, was adopted by unanimous vote of the Board, and the Supervisor was requested to notify each of the members of his appointment, expressing the Board's pleasure of his willingness to undertake this challenging assignment: RESOLVED, that this Board hereby establishes a Committee to be known as the Conservation Ad- visory Committee of the Town of Mamaroneck, to be composed of five (5) members representing the entire Town of Mamaroneck; and be it further RESOLVED, that the following persons are hereby appointed to the said Committee, to serve for a term of office effective immediately and termin- ating December 31, 1964; Ranald D. Sclater, Chairman 36 Elkan Road, Larchmont Raymond P. Faiola 10 Woody Lane, Larchmont -18- Mrs. James G. Johnson, Jr. 17 Pryer Lane, Larchmont Mrs. Martha Munzer 352 Palmer Avenue, Mamaroneck Alan D. R e ep 342 Richbell Road, Mamaroneck and be it further RESOLVED, that Councilwoman Christine K. Helwig is appointed to serve as liaison to the Town Board. 4. Request for Transfer of Funds within the 1964 Park District Budget Pursuant to memorandum of the Comptroller, dated August 5, 1964 herewith presented by Councilwoman Helwig and ordered received and filed, on her motion, seconded by Councilman Brush, it was unanimously RESOLVED, that in accordance with the recommen- dation of the Town of Mamaroneck Park Commis- sion, this Board hereby authorizes the transfer of funds within the 1964 Park District No. 1 Budget as follows: From: a/c 412 - Landscaping, new section Murray Avenue & North Chatsworth 6900. 00. To: a/c 411 - Retaining Wall and Steps, Baldwin Street 6900. 00 5. Thruway Noise Abatement Committee a) Reports Reports of July 10 and August 1, 1964 covering the progress of the subject Committee to date herewith presented by Councilwoman Helwig and ordered received and filed. b) Request for Appropriation Upon Councilwoman Helwig's request for an ap- propriation of funds in the amount of $50. 00 as is being requested of each of the eight member municipalities in order to carry on the program of this Committee, on her motion, seconded by Councilman Quadrine, it was unanimously RESOLVED, that (if the Town of Pelham, the Village of Pelham Manor, the City of New Rochelle, the Village of Larchmont, the Vil- -19- lage of Mamaroneck, the Town of Harrison and the City of Rye adopt similar resolu- tions) the Town of Mamaroneck hereby ap- propriates not to exceed the sum of $50. 00 as its share of the cost of continuing the program of the Thruway Noise Abatement Committee in the matter of noise abate- ment on the New England Thruway; said sum to be appropriated from Part Town Contingency to Town Office, line item en- - - titled, "Supplies and Other Expenses", in the 1964 budget. 6. Recreation Presented for the record and herewith ordered re- ceived and filed were the following: Interim Report on Memorial Park Tennis Courts. Schedule of Programs for Final Week of Summer Music Workshop. The Board also, upon advice that Mr. Renfrew Allen, member of the Summer Recreation Memorial Park staff, whose services during the summer had been of the finest calibre, had suffered an accident, requested the Supervisor to write Mr. Allen on its behalf, con- veying its thanks and appreciation for his fine job and its sympathy and best wishes for a complete and rapid recovery. Councilman Kane -- In Councilman Kane's absence, the Engineer presen- ted the following reports: 1. Street Lighting - Job #23 Pursuant to memorandum dated July 27, 1964 here- with presented and filed, on motion by Councilman Brush, seconded by Councilman Quadrine, it was unanimously RESOLVED, that this Board hereby authorizes the expenditure of not to exceed the sum of $293. 80 for street lighting installations, Job #23, as fol- lows: Installation of new 175-watt quadriliner- type lights to replace existing lights at: a) Corner of Mohegan and Avon Roads b) Corner of Beresford and Avon Roads c) Sharp corner in Rockland Avenue near property of Carl Carpino and Baldwin. 2. Report - Bonnie Way For informational purposes, the Engineer presented a -20- written report dated August 3, 1964, entitled, "Bonnie Way Studies - Sewer Problem", which was herewith ordered received and filed. 3. Public Works Report (Not on Agenda) The Engineer presented an interim Public Works Re- port, dated August 5, 1964, which was herewith ordered received and filed. 4. Letter re Town-Village Storm Drainage System For the record, the Engineer presented copy of letter addressed to Mr. Richard M. McLaughlin, Director of Division of Environmental Sanitation, Westchester County, under date of July 29, 1964, re - "Possible Pollution - Main Town and Village Storm Drainage System", which was ordered received and filed. Councilman Brush -- Councilman Brush stated that he had no report at this time other than that pertaining to Fire matters. Councilman Quadrine -- Councilman Quadrine reported on the following matters: 1. Appointment of Assistant Deputy Director of Civil Defense Pursuant to memorandum of Edward S. Hartley, Dep- uty Director of Civil Defense, dated July 2, 1964, here- with presented by Councilman Quadrine and ordered re- ceived and filed, on motion by him, seconded by Coun- cilwoman Helwig, it was unanimously RESOLVED, that this Board hereby appoints Mr. M. Robert Orlan of Richbell Road, Town, as Assistant Deputy Director of Civil Defense of the Town of Mamaroneck, such appointment to be effective immediately. 2. Meeting - Joint Planning Committee Councilman Quadrine briefly reported on the first meeting of the Joint Planning Committee, held on July 22, 1964, presenting for the record a copy of the minutes thereof, which were herewith ordered received and filed. -21- The Town Attorney -- 1. Extension of Sewer District No. 1 Section "Q" With reference to the proposed Section "Q" extension to Sewer District No. 1, upon the Attorney's request for the adoption of the Order establishing such extension as here- with presented by him, on a motion offered by Councilman Brush and seconded by Councilman Quadrine, upon roll _ call, the following resolution was adopted by unanimous vote of those members of the Board present and voting, Councilman Kane being absent and therefore not voting: RESOLVED, by the Town Board of the Town of Ma- maroneck, County of Westchester, State of New York, as follows: Section 1. The following Order is hereby adopted and approved and when signed by members of this Board present at this meeting, constituting a ma- jority of the entire Board, shall constitute an Or- der of this Board. STATE OF NEW YORK COUNTY OF WESTCHESTER TOWN OF MAMARONECK --------------------------------------------x In the Matter of The Establishment of an Extension to Sewer District No. 1 in the Town of Mamaroneck, Westchester County, New York --------------------------------------------x An Order of the Town Board having been duly adopted on May 6, 1964, for the hearing on June 3, 1964, of all persons interested in the matter of establishing an extension to be designated as Section "Q" to 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, at 8:15 o'clock in the p. m. , at the Council Room, at the Weaver Street Fire House, corner of Weaver Street and Edgewood Ave- nue in said Town, and a hearing by the said Board having been duly held at such place and time, and it having been duly resolved and determined following such hearing that the notice of hearing was published and posted as required by law, and is otherwise suf- ficient, that all the property and property owners within the proposed extension are benefited thereby, that all the property and property owners benefited - are included within the limits of the proposed exten- sion, that the extension of such district is in the public interest and, further, -22- that the proposed improvement, including construc- tion costs, cost of acquisition of lands and ease- ments, legal and engineering fees, and all other ex- penses, were financed entirely by the developer of the land and at no cost to the Town of Mamaroneck, and, further, that a Public Notice was published and posted as required by law, giving an abstract of such resolution duly adopted June 3, 1964, and giving public notice that such resolution was sub- ject to a permissive referendum on petition filed, as provided by Town Law, and the time for filing such • petition requesting that the matter be submitted to • referendum of the property owners of the proposed extended district having expired, and no petition hav- ing been filed with the Town Clerk, and the Town Clerk having filed a certificate stating such fact in the Office of the County Clerk, and the permission of the State Comptroller being not required under any of the provisions of Article 12-A of the Town Law; it is hereby ORDERED, that an extension of Sewer District No. 1 be established in the said Town of Mamaroneck, Westchester County, New York, to be designated as Section "Q" of Sewer District No. 1 of the Town of Mamaroneck, and to be of the following description and boundaries, to wit: BEGINNING at a point in the southerly line of Fenimore Road, which point is the intersection of said southerly side of Fenimore Road and the divi- sion line between lands of the Bonnie Briar Realty Company, Inc. and lands known as Parcel "A", as shown on "Revised Subdivision Map of Soundview Woods, Sections One and Two, Town of Mamaro- neck, Westchester County, New York", made by Thomas J. McEvoy, Surveyor, dated July 28, 1961 and filed in the Westchester County Clerk's Office on October 6, 1961 as Map No. 13009; thencealong 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 15° 15' 30" east 36. 13feet; south 16° 06' 08" west 358. 32 feet; south 17° 29' 42" west 97. 57 feet; south 32° 39' 20" west 117. 94 feet; south 24° 51 ' 57" west 408. 21 feet; south 17° 13' 45" west 376. 42 feet; south 5° 14' 45" west 181. 73 feet; south 7° 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. Treganowan; thence the fol- lowing courses along lands of said Treganowan, lands of Matthew Manes and wife and lands now or formerly of the Westchester County Park Commis- -23- � �--Y0 „ sion and others, which said line hereafter described is contiguous (until hereinafter noted) with a certain line described as the northerly boundary of Sewer District No. 1, as extended, as set forth in Chapter 629 of the Laws of 1939 of the State of New York, _ the following courses: 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 1 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 hereinbefore referred to; thence south 28° 51 ' 35" 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 690 12' 43" east 207. 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° 01 ' 10" west 48. 80 feet; north 600 28' 20" east 393. 74 feet to a point; thence in a northwesterly direction and continuing along the boundary of said map of Fenimore Cooper Park, Inc. Section G, and also along the westerly boundary of lands known as "Ma- maroneck Heights Company, Inc. " as shown on map filed in the Office of the Clerk of the County of Westchester 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. 20 feet; north 33° 04' 40" west 52. 11 to a point; thence in a northeasterly direction through lands shown on said Map of Mamaroneck Heights Company, Inc. and ac- ross a street known as York Road, north 30° 50' 11" east 134. 57 feet to a point in the easterly line of said York Road; and it is from this point that the courses hereafter described digress and depart from the northerly limits of Sewer District No. 1 as described in Chapter 629 of the Laws of 1939 of the State of New York, which point is also defined as being 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. Sec- tion E, filed in the Register's Office (now the Of- fice of the Clerk of the County of Westchester) in Volume 55, page 80, thence digressing and depart- - ing 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 -24- 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 61 1961 as Map No. 13009, to the southeasterly corner of said lands of Kleinman; thence along the southwesterly lands of Kleinman the following 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 380 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 southwes- terly 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 Soundview Woods", Map No. 13009, hereinbefore referred to, the fol- lowing courses: north 15° 52' 20" west 320. 75feet; 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 1° 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 northwesterly boundary of Lot No. 4 on the aforesaid Map of Sheldrake River Acres, Map No. 7499, the following courses: north 50° 21 ' 00" east 110. 56 feet; north 510 57' 30" east 57. 90feet; 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. and it is further RESOLVED, that the Town Clerk of this Town shall, within ten (10) days after the adoption of this reso- lution, file certified copies thereof in duplicate in the Office of the State Department of Audit and Con- trol at Albany, New York. Dated: August 5, 1964 (s) George D. Burchell Supervisor C. Benjamin Brush, Jr. Christine K. Helwig Anthony G. Quadrine Councilmen Section 2. A signed or certified copy of said Order shall be duly recorded in the Office of the Clerk of -25- the County of Westchester as provided by Section 195 of the Town Law; Section 3. This resolution shall take effect im- mediately. 2. Settlement of Palmer Avenue Offices Corp. Certiorari Proceedings -- Pursuant to the Attorney's and Assessor's memorandum, dated June 23, 1964 herewith presented and filed, and in accordance with the recommendation of the Attorney, the former Attorney, and the Assessor, upon motion of Coun- cilman Brush, seconded by Councilman Quadrine, upon roll call, the following resolution was adopted by unani- mous vote of the members of the Board present and voting, Councilman Kane being absent and therefore not voting: WHEREAS, heretofore writs of certiorari were ob- tained by Palmer Avenue Offices Corporation, ow- ner of the parcel of property known and described as Block 821 - Parcel 233 on the Tax Assessment Map and Assessment Roll of the Town of Mamaro- neck for the following years: 1960 for taxes of 1961, 1961 for taxes of 1962, 196Z for taxes of 1963, and 1963 for taxes of 1964; and WHEREAS, the Town Attorney recommends tothis 4 Board that the proceedings be settled and discon- tinued upon the reduction of certain of these as- sessments; NOW, THEREFORE, BE IT RESOLVED, that the assessments for the years 1960 for taxes of 1961, 1961 for taxes of 1962, 1962 for taxes of 1963, and 1963 for taxes of 1964, upon property owned by Palmer Avenue Offices Corporation and described upon the Assessment Map and Assessment Roll of the Town of Mamaro- neck as Block 821 - Parcel 233, be reduced as follows: From: - Assm't. Tax Year Year Land Improvements Total 1960 1961 $37, 600 $141, 300 $178, 900 1961 1962 37, 600 141, 300 178, 900 1962 1963 37, 600 141, 300 178, 900 1963 1964 37, 600 141, 300 178, 900 To: - 1960 1961 37, 600 137, 600 175, 200 1961 1962 37, 600 104, 500 142, 100 z 1962 1963 37, 600 104, 500 142, 100 1963 1964 37, 600 104, 500 142, 100 -26- provided the certiorari proceedings now pending in the name of Palmer Avenue Offices Corp. for the years 1960 for taxes of 1961, 1961 for taxes of 1962, 1962 for taxes of 1963, and 1963 for taxes of 1964 be discontinued without costs as against either pa rty; and it is further RESOLVED, that all refunds of taxes due by reason of such reductions be paid without interest; and it is further RESOLVED, that the Town Attorney is hereby au- thorized and directed to sign the necessary stipula- tion to obtain an Order of the Supreme Court pro- viding for such reductions. 3. Request for Resolution of Acceptance of Gift of The Agrion Foundation, Inc. (Burger Property - Hommocks) Pursuant to correspondence addressed to the Supervisor = by The Agrion Foundation, Inc. under dates of April 20, May 14, July 6 and July 13, 1964 as herewith presented and filed, and in accordance with the Attorney's recom- mendation, on motion by Councilwoman Helwig, sec- onded by Councilman.Quadrine, the following resolution was adopted, upon roll call, by a unanimous vote of the members of the Board present and voting, Councilman Kane being absent and therefore not voting; WHEREAS, The Agrion Foundation, Inc. , a New York membership corporation, has offered to make a gift of an unimproved tract of real property on the wes- terly side of Hommocks Road, Village and Town of Mamaroneck, to the Town of Mamaroneck, which is shown on the Assessment Map of the Town of Mamar- oneck as Parcel 1, Block 415, Parcel 321, Block 945, Parcel 240, Block 935, said parcels being contiguous and having a frontage of approximately 1430 feet along the westerly side of Hommocks Road, and an average depth of from 150 to 300 feet, which said property has a current market value in excess of $70, 000, and WHEREAS, said gift would be for the purpose of pro- viding a park and recreational area for residents of the Town, and WHEREAS, the Town of Mamaroneck believes that the acceptance of the gift of this property would be in the best interest of the residents of this community and has so previously advised The Agrion Foundation, Inc. , and WHEREAS, The Agrion Foundation, Inc. has prepared -27- and submitted to the Town Board a form of Deed of Gift of said real property which described said property, and provides that the gift is upon the con- dition that the property be used exclusively for park and recreational use by residents of the Town, and in default or failure to perform such condition, the title to said property shall be divested from the Town and revested in The Agrion Foundation, Inc. , a charitable New York membership corporation, and WHEREAS, the terms and conditions of said Deed of Gift, a copy of which is annexed hereto and marked Exhibit A and made a part hereof, are ac- ceptable to a majority of the Town Board. NOW, THEREFORE, BE IT RESOLVED, that George D. Burchell be and he hereby is authorized to accept, on behalf of the Town Board of the Town of Mamaroneck, the de- livery of a Deed of Gift from The Agrion Founda- tion, Inc. in proper form for recording, in the same form as the copy of such deed annexed here- to and marked Exhibit A, and be it further RESOLVED, that the Town Board of the Town of Mamaroneck hereby expresses its thanks and deep appreciation of this gracious gift to the members of The Agrion Foundation, Inc. Deed THIS INDENTURE, made the day of nineteen hundred and sixty-four, between THE AGRION FOUNDATION, INC. , a New York member- ', ship corporation, having its office and principal place of business at 405 Lexington Avenue, Room 5115, New York, N. Y. 10017, party of the first part, and the TOWN OF MAMARONECK, a municipal corporation of the State of New York, having its office and principal place of business at 158 West Boston Post Road, Ma- maroneck, New York, party of the second part: WITNESSETH, that the party of the first part, as a deed of gift to the party of the second part, and in con- ' sideration of the covenants and conditions hereinafter set forth, and which the party of the second part agrees, by the acceptance of this deed, to perform, does here- by grant and release unto the party of the second part, the successors and assigns of the party of the second part forever, all of the right title and interest of the party of the first part in and to: FIRST PLOT All that parcel of land in the Town of Mamaroneck, County of Westchester and State of New York, -28- bounded and described as follows: BEGINNING at a point on the southwesterly side of Hommocks Road distant as measured along same, 1126. 01 feet southeasterly from the southeasterly side of Boston Post Road; thence running along said southwesterly side of Hommocks Road the following courses and distances: South 52 degrees 02 minutes 30 seconds East 79. 43 feet to a point of curve; south- easterly on a curve to the right tangent to the previ- ous course and having a radius of 246. 09 feet a dis- tance of 59. 02 feet to a point of tangency; South 38 degrees 18 minutes East 150 feet to point of curve; southeasterly on a curve to the right tangent to the previous course and having a radius of 626. 89 feet a distance of 45. 50 feet to a point of tangency; South 34 degrees 08 minutes 30 seconds East 150 feet to a point of curve; southeasterly on a curve to the left tangent to the previous course and having a radius of 785. 85 feet a distance of 99. 78 feet to a point of reverse curve and southeasterly on a curve to the right having a radius of 2082 feet a distance of 21. 91 feet to a point where said southwesterly side of Hommocks Road is intersected by the boun- dary line between the Town of Mamaroneck and the Village of Mamaroneck; thence running along said boundary line, South 12 degrees 59 minutes 22 sec- onds East 526. 29 feet to the high water line of East Creek; thence running along same, the follow- ing courses and distances: North 48 degrees 04 minutes 50 seconds West 13. 88 feet; North 50 de- grees 54 minutes 40 seconds West 10. 85 feet; North 32 degrees 33 minutes 00 seconds West 28. 36 feet; North 52 degrees 21 minutes 40 seconds West 20. 86 feet; North 0 degrees 55 minutes 40 seconds East 1. 77 feet; North 76 degrees 20 minutes 00 sec- onds West 45. 65 feet; North 77 degrees 06 minutes 30 seconds West 3. 90 feet; North 67 degrees 50 minutes 50 seconds West 39. 67 feet; North 57 de- grees 58 minutes 50 seconds West 52. 80 feet; North 62 degrees 46 minutes 00 seconds West 22. 40 feet; North 7 degrees 53 minutes 50 seconds East 89. 45 feet; North 36 degrees 58 minutes 50 seconds West 23. 75 feet; North 40 degrees 10 min- utes 30 seconds West 30. 93 feet; North 53 degrees 40 minutes 30 seconds West 51. 26 feet; North 39 degrees 34 minutes 30 seconds West 31. 21 feet; North 64 degrees 43 minutes 50 seconds West 19. 84 feet; North 21 degrees 55 minutes 00 seconds West 20. 08 feet; North 82 degrees 18 minutes 00 seconds West 44. 26 feet; North 52 degrees 28 minutes 10 seconds West 22. 97 feet; North 11 degrees 55 min- utes 20 seconds West 24. 09 feet; North 64 degrees 25 minutes 00 seconds East 76. 37 feet; North 6 de- grees 56 minutes 30 seconds West 50. 77 feet; North 9 degrees 36 minutes 20 seconds West 50. 42 feet; North 23 degrees 56 minutes 00 seconds West 18. 84 feet; North 88 degrees 37 minutes West 13. 69 f eet; North 74 degrees 58 minutes 30 seconds West 41. 01 feet; North 35 degrees 21 minutes 40 seconds West 16. 44 feet; North 13 degrees 41 minutes 30 sec- onds East 31. 42 -29- feet; North 26 degrees 33 minutes 40 seconds East 17. 58 feet; North 86 degrees 16 minutes 40 sec- ' onds West 19. 50 feet; North 33 degrees 56 minutes 20 seconds West 19. 50 feet; South 76 degrees 17 minutes 10 seconds West 43. 50 feet; South 88 de- grees 27 minutes 00 seconds West 3Z. 57 feet; North 18 degrees 03 minutes 20 seconds West 35. 75 feet; North 14 degrees 12 minutes 50 seconds West 17. 97 feet; North 46 degrees 48 minutes 00 seconds West 28. 67 feet; South 89 degrees 56 minutes 50 seconds West 29. 85 feet; North 33 degrees 51 min- utes 10 seconds West 21. 33 feet to the Mean High Water line of Gut Creek; thence along said Mean High Water line of Gut Creek the following courses and distances: North 1 degree 47 minutes 50 sec- onds East 48. 67 feet; North 11 degrees 26 minutes 50 seconds West 39. 18 feet; North 0 degrees 30 minutes 40 seconds West 50. 2Z feet; North 3 de- grees 13 minutes 30 seconds West 50. 50 feet; North 36 degrees 22 minutes 40 seconds East 44. 57 feet; North 42 degrees 11 minutes 10 seconds East 23. 39 feet; North 66 degrees 55 minutes 00 seconds East 22. 30 feet; North 85 degrees 33 minutes 30 seconds East 13. 41 feet; North 51 degrees 59 min- utes 00 seconds East 14. 68 feet; North 38 degrees 25 minutes 50 seconds West 32. 82 feet to the wes- terly side of Hommocks Road the point or place of beginning. SECOND PLOT All that parcel of land in the Town of Mamaroneck, County of Westchester and State of New York, bounded and described as follows: BEGINNING at a point on the westerly side of Hommocks Road distant as measured along same, 1731. 65 feet southeasterly from the southeasterly side of Boston Post Road and which said point of be- ginning is also at a point where the said southwes- terly side of Hommocks Road is intersected by the boundary line between the Town of Mamaroneck and the Village of Mamaroneck; thence running along said southwesterly side of Hommocks Road the fol- lowing courses and distances: southeasterly on a curve to the right having a radius of 2082 feet a distance of 39. 97 feet to a point of tangency; South 39 degrees 42 minutes 50 seconds East 199. 53 feet and South 38 degrees 04 minutes 20 seconds East 175. ZZ feet to the northwesterly line of land of Agrion Co. , Inc. formerly of the Estate of Cora Belle Salmon deceased (formerly W. W. Salmon); thence running along same, the following courses and distances: South 6 degrees 20 minutes ZO sec- onds West 72. 42 feet; South 60 degrees 33 minutes 40 seconds West 51. 89 feet; South 9 degrees 28 minutes 20 seconds West 63. 52 feet; South 29 de- grees 50 minutes 40 seconds West 51. 41 feet and South 47 degrees 54 minutes 40 seconds West 18. 58 feet to the high water mark of East Creek; thence -30- running along same, the following courses and dis- tances: North 48 degrees 51 minutes 00 seconds West 17. 37 feet; North 89 degrees 36 minutes 50 seconds West 10. 40 feet; North 48 degrees 04 min- utes 50 seconds West 22. 31 feet to the dividing line between the Town of Mamaroneck and the Vil- lage of Mamaroneck; thence running along same, North 12 degrees 59 minutes 22 seconds West 526. 29 feet to the point of beginning. SUBJECT: To covenants, restrictions, easements or rights of way, if any, contained in former deeds of record. To zoning regulations and ordinances and building restrictions and regulations of the town or village in which the premises lie. THIRD PLOT All that parcel of land now or formerly under the wa- ters of East Creek in the Village and Town of Mamar- oneck, Westchester County and State of New York, bounded and described as follows: BEGINNING at the point of intersection of the high water line of East Creek with the boundary line be- tween property of W. W. Salmon and Hommocks Road, said point being North 52 degrees 13 minutes 20 sec- onds West 224. 51 feet from a stone monument in the easterly side of Old Hommocks Road and in the north- westerly boundary of Lot No. 7 as shown on Map Number 1334, filed in the Westchester County Regis- ter's Office; thence along said high water line, South 42 degrees 01 minutes 40 seconds West 184. 5 feet and South 52 degrees 34 minutes 10 seconds West 70. 11 feet to an intersection with the boundary line between property of W. W. Salmon and the property of Walter C. Hubbard; thence into the water of East Creek, North 44 degrees 04 minutes 50 seconds West 356. 92 feet, North 36 degrees 20 minutes 40 seconds East 30. 72 feet; thence North 18 degrees 16 minutes 40 seconds East 51. 41 feet; thence North 2 degrees 05 minutes 40 seconds West 63. 52 feet; thence North 48 degrees 59 minutes 40 seconds East 51, 89 feet; thence North 5 degrees 13 minutes 40 seconds West 72. 42 feet; thence South 49 degrees 38 minutes 20 seconds East 324. 23 feet; thence South 48 degrees 44 minutes 10 seconds East 60. 23 feet; thence South 45 degrees 07 minutes 50 seconds East 99. 6 feet to the point or place of beginning. Excepting and reserving, however, that portion of the THIRD PLOT hereinabove described which was, by error, conveyed to the party of the first part, and which the party of the first part by quit claim deed dated November 29, 1963 remised, released and quit claimed unto Ralph W. Burger by deed recorded in Office of the Clerk of the County of Westchester -31- (Division of Land Records) on December 5, 1963 in Liber 6362, page 117 of Deeds. SUBJECT to any state of facts an accurate survey would show. SUBJECT to covenants and restrictions contained in Letters Patent in Liber 3056 cp 237. SUBJECT to rights of Westchester Lighting Com- pany and New York Telephone Company recorded in Liber 2178 cp 172. TOGETHER with all right, title and interest, if any, of the party of the first part in and to any streets and roads abutting the above described premises to the center lines thereof; TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said prem- ises; TO HAVE AND TO HOLD the premises here- in granted unto the party of the second part, the successors and assigns of the party of the second part forever but upon the terms, covenants and conditions hereinafter set forth. AND the party of the second part by the accep- tance of this deed, further covenants and agrees for itself and on behalf of its successors and as- signs with the party of the first part that notwith- standing any provision of law, now or hereafter in effect, to hold, use and maintain the real property herein conveyed exclusively for public park and recreational purposes for the benefit of all resi- dents of the Town, or any municipal successor of the Town. AND the party of the second part further covenants and agrees by the acceptance of this deed that in the event the party of the second part fails to hold, use and maintain the real property herein conveyed exclusively for public park and recreational pur- poses for the benefit of all residents of the Town, or any municipal successor of the Town, all of the right, title and interest conveyed by the party of the first part to the party of the second part, its successors and assigns hereunder shall be com- pletely divested from the party of the second part, its successors and assigns, and shall become re- vested in The Agrion Foundation, Inc. , a New York membership corporation, its successors and assigns. AND the party of the second part further covenants and agrees that notwithstanding any provision of law now or hereafter in effect, the provisions of the foregoing covenant divesting the party of the second part of title to the real property herein con- veyed in the event of the default or failure of the party of the second part to perform under the terms, -32- /N ✓1 P` covenants and conditions herein contained, and in such event the revesting of title to said real prop- erty in The Agrion Foundation, Inc. shall not be contingent upon, nor shall it require said The Ag- rion Foundation, Inc. , its successors and assigns, to comply with any provision of law now or herein- - after in effect or enacted requiring the filing or otherwise giving notice of an intention to claim title to said real property in the event of the de- fault or non-performance by the party of the sec- ond part of the terms, covenants and conditions of J this deed on its part to be performed, and the party of the second part does hereby specifically waive such requirement and any defense which might be interposed to the revesting of title in said The Ag- rion Foundation, Inc. , excepting the defense of performance of the terms, covenants and condi- tions of this agreement to be performed by said party of the second part. IN WITNESS WHEREOF, the party of the first part has duly executed this deed the day and year first above written. THE AGRION FOUNDATION, INC. By Attest: 4. Approval of Performance Bond Carriage House Lane, Inc. Pursuant to the Attorney's and Engineer's memorandum of July 21, 1964, herewith presented and filed, which re- quested approval of the Performance Bond for the subdivi- sion known as Carriage House Lane, Inc. , on motion by Councilman Quadrine, seconded by Councilman Brush, it was unanimously RESOLVED, that this Board, in accordance with the Attorney's and Engineer's recommendation, hereby approves the Performance Bond in the amount of $195, 000. 00, dated July 15, 1964, upon which the Continental Casualty Company is Surety and the subdivision, Carriage House Lane, Inc. , located on property known and described as Block 340 - Parcel 413 on the Tax Assessment Map of the Town of Mamaroneck, is Principal. 5. Settlement of Damage Claim of Hampshire Country Club Pursuant to report and recommendation of the Attorney that the claim of the Hampshire Country Club for fire damages to trees and shrubbery be settled in accord with the cost estimated by a local tree expert retained to as- -33- sess the cost of the damages sustained, on motion by Coun- cilman Brush, seconded by Councilman Quadrine, it was unanimously RESOLVED, that this Board hereby authorizes pay- ment of claim to Hartford Accident and Indemnity Company in the amount of $100. 00, in connection with its settlement of claim of the Hampshire Country Club against the Town of Mamaroneck in the amount of $512. 00 under Town policy contain- ing a $100. 00 deductible clause. ADJOURNMENT There being no further business to come before the meet- ing, on motion duly made and seconded, it was declared ad- journed at 9:45 p. m. , to reconvene on September 2, 1964. BOARD OF FIRE COMMISSIONERS The meeting of the Board of Fire Commissioners was convened immediately upon the adjournment of the Town Board meeting. 1. Claims Commissioner Brush presented for approval and au- thorization of payment, the Fire Department claims as audited by the Comptroller and approved by the Fire Chief, and thereupon, on his motion, seconded by Commissioner Helwig, it was unanimously RESOLVED, that the following Fire Department claims, as audited by the Comptroller and ap- proved by the Fire Chief, are approved, and the Supervisor and Comptroller authorized to pay the same out of the budget for the Fire Depart- ment for 1964: Atlantic Service Center $ 53. 00 R. G. Brewer, Inc. 17. 70 Chatsworth Oil & Heating Co. 67. 00 Con Edison 88. 61 Con Edison 5. 00 William B. Lemon 13. 50 McGuire Bros. , Inc. 5. 00 Mobil Oil Co. 209. 04 New Rochelle Water Co. 60. 00 New York Telephone 89. 55 Quality Auto Interiors 75. 00 Walter D. Rickert 233. 18 Wesco Fire Equipment & Service 233. 80 Wesco Fire Equipment & Service 107. 10 Westchester Joint Water Works 2, 620. 00 White Plains Drapery & Uphol. 58. 00 Total $3, 935. 48 -34- 2. Reports Commissioner Brush presented the following reports which were herewith ordered received and filed: Fire Reports for the months of April, May, June, and July, 1964. 3. Communications 1. Request of Fire Chief - Authorization of Expense for State Ccahvention Upon presentation of a request addressed to the Commission by the Fire Chief and herewith or- dered received and filed, on motion by Commis- sioner Brush and seconded by Commissioner Quadrine, it was unanimously RESOLVED, that this Board hereby author- izes an expenditure of not to exceed the sum of $300. 00 from the proper item in the 1964 Fire Department budget, to cover the ex- penses incurred by the Chief and First Dep- uty Chief while attending the Annual New York State Fire Chiefs Convention, at Monticello, New York, June 17 - 21, 1964. 4. Other Matters At Commissioner Brush's invitation, the Chief re- ported on the following matters: 1. Inspections For the Commission's information, the Chief reported briefly on the Fire Inspections con- ducted in the Town to date. 2. Sidewalk and Drain Conditions The Chief called to attention the serious conditions of the drain and sidewalks on the west side of the building, requesting immediate repair of the ex- isting condition which he described in some detail. The Supervisor, replying in Commissioner Kane's absence, stated that he would speak to the Highway Superintendent, requesting that this work be scheduled as promptly as possible. 3. Fire Drill - Deerfield Lane In connection with the question of fire hazard raised previously by Mr. Edwin E. Berliner, a resident of Deerfield Lane, the Chief reported to -35- the Commission that a drill had been conducted in this area which Mr. Berliner had attended and with which he was very pleased. 4. Removal of Dutch Elm The Fire Chief also advised the Commission that - the Dutch Elm at the side of the building had been tagged for removal, calling attention to the extreme proximity of this tree to the building. It was directed that this matter be referred to the Highway Department so that removal could be scheduled in the very near future. 5. Adjournment There being no further business to come before the meeting, on motion duly made and seconded, it was declared adjourned at 10:00 o'clock p. m. , to be re- convened on September 2, 1964. r Twn 6lerk �F -36-