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HomeMy WebLinkAbout1962_03_07 Town Board Minutes MINUTES OF A REGULAR MEETING OF THE TOWN BOARD OF THE TOWN OF MAMARONECK, HELD MARCH 7th, 1962, IN THE COUNCIL ROOM OF THE WEAVER STREET FIREHOUSE, WEAVER STREET, TOWN OF MAMARONECK. CALL TO ORDER The Supervisor called the meeting to order at 5;15 p.m. ROLL CALL Present; Supervisor Burchell Councilman Kane Councilman Brush Councilwoman Helwig Councilman Cook Absent. None Also Present; Mr, Gronberg - Town Clerk Mr, Delius - Town Attorney Mr. Orsino - Receiver of Taxes Mr, Kellogg - Town Engineer Mr, Fischer - Supt. of Highways Mrs, Brewer - Secretary APPROVAL OF MINUTES On motion duly made and seconded, the minutes of the regular meeting of January 3rd, 1962 were approved as presented, PUBLIC HEARING - Application of Bonnie Briar Country Club On motion by Councilman Brush and seconded by Councilman Cook, it was unanimously RESOLVED, that the hearing be and it hereby is declared open, The Clerk then presented the affidavit of publication of the notice of hearing for the record and at the Supervisor's re- quest, the Attorney outlined the procedure applicable to this application, which had been denied by the Building In- spector and referred to the Planning Board for report by this Board in accordance with the provisions of the Zoning Ordinance, For the record, the Clerk than read the report of the Plan- ning Board approving the application, which had been pre- sented and filed at the February 21st meeting of this Board, The Supervisor inquired whether anyone present wished to address the Board either in favor of or in opposition to the application - and since no one wished to be heard, on rno- tion by Councilman Cook and seconded by Councilman -1- Brush, it was unanimously RESOLVED, that the hearing be and it hereby is declared closed. Whereupon, on motion by Councilwoman Helwig, which was seconded by Councilman Cook, the following resolution was offered: WHEREAS, Bonnie Briar Country Club has sub- - mitted an application and plans for the construc- tion or reconstruction of lockers adjacent or ap- purtenant to the swimming pool on premises lo- cated on Weaver Street and known as Block 225, Parcel 1 on the Tax Assessment Map of the Town of Mamaroneck; and WHEREAS, said application was denied by the Building Inspector on the grounds that the plans were subject to a special permit, to be granted pursuant to Sections 410, 432 and 449 of the Zon- ing Ordinance insofar as the proposed building or structure is an extension or addition to a non- conforming use; and WHEREAS, the applicant has applied to this Board for a special permit as provided in Sec- tion 432 of the Zoning Ordinance, and which ap- plication this Board has referred to the Planning Board for report which, as received, approves the application; and WHEREAS, a public hearing was duly called be- fore this Board for this meeting pursuant to Sec- tion 432 of the Zoning Ordinance; and WHEREAS, the Board has examined the plans and finds that the conditions and standards required by subdivisions 432, 1, 432, 2, 432, 3 and 432.4 of the Zoning Ordinance have been met; NOW, THEREFORE, BE IT RESOLVED, that the application of the Bonnie Briar Country Club is granted, and the Building Inspector is authorized to issue a special permit for the construction of a building or structure as covered by the plans filed with him, provided that said application complies in all other respects with the Building Code and Zoning Ordinance of the Town of Mamaroneck. Upon roll call, the vote on the foregoing resolution was as follows Supervisor Burchell Aye Councilman Kane - Aye -2- Councilman Brush Abstained from voting (Member of Club) Councilwoman Helwig - Aye Councilman Cook - Aye The resolution was therefore duly adopted and the Clerk dir- ected to supply certified copy of same to the Bonnie Briar Country Club and the Building Inspector, OPENING OF BIDS - Highway Truck The Clerk presented the affidavit of publication of the notice for bids for the record and opened and read aloud the follow- ing bids, which the Board duly directed be referred to the Attorney, Superintendent of Highways, Engineer and Coun- cilman Kane for study and recommendation at the next meet- ing of the Board; Bidder Bid Hory Chevrolet Company $ 8730. 21 Flinn Motor Corp, 8991, 00 Mamaroneck Garage, Inc, 9200, 00 Atlas Engine Rebuilders, Inc, 10, 271. 00 OLD BUSINESS 1, Progress Report - Larchmont Gardens Apartments The Engineer and Building Inspector submitted a further progress report on the correction of violations at Larch- wont Gardens Apartments, herewith presented and filed with direction that the inspections be continued and re- port thereon presented at the next meeting of the Board, NEW BUSINESS 1, Presentation of Supervisor's Annual Report The Annual Report of the Supervisor for the fiscal year ended December 31st, 1961 was presented and ordered received and filed, 2. Authorization for Collection of Taxes (State, County and Town) Upon request by the Receiver of Taxes for authorization to collect the 1962 State, County and Town taxes in two in- stallments with publication and posting of the necessary notice thereof, on motion by Councilman Brush and sec- onded by Councilman Cook, it was unanimously RESOLVED, that pursuant to Section 1514 of the Real Property Tax Law, the Receiver of Taxes and Assess- ments of the Town of Mamaroneck is authorized to collect the 1962 State, County, Town and District -3- taxes and water rents, which become a lien on Jan- uary 1st, 1962, in two (2) partial payments, each amounting to fifty per cent (501o) of the total of said taxes and water rents; and be it FURTHER RESOLVED, that the Receiver of Taxes and Assessments is authorized and empowered to receive such partial payments or installments of taxes and water rents at any time prior to the sale of tax liens, but subject to the same penalties as are specified and provided in Section 542 of the Westchester County Administrative Code for the neglect to pay the total amount of said taxes and water rents; and be it FURTHER RESOLVED, that the acceptance of any such partial payments or installments of the 1962 taxes and water rents shall not be deemed to affect in any manner any right of the Town of Mamaroneck under any general or specific law to enforce collec- tion of any unpaid balance of such taxes and water rents as may remain due and owing to the Town of Mamaroneck, but such rights and powers shall re- main in full force and effect to enforce the collec- tion of the unpaid balances of such taxes and water rents together with interest, penalties, and other lawful charges; and be it FURTHER RESOLVED, that in accordance with the provisions of Section 550 of the Westchester County Administrative Code, "The Daily Times", the of- ficial newspaper published in the Village and Town of Mamaroneck, be and it hereby is designated as the newspaper in which the Receiver of Taxes and Assessments shall publish the "Notice of the Col- lection of State, County, Town and District Taxes and Water Rents"; and be it FURTHER RESOLVED, that said publication shall be on March 21st, 1962 in The Daily Times and shall be posted thereafter in accordance with law; and be it FURTHER RESOLVED, that in accordance withthe provisions of Section 550 of the Westchester County Administrative Code, the Town Board does hereby direct the Receiver of Taxes and Assessments to mail to each taxpayer of the Town of Mamaroneck, whose address is known to said Receiver of Taxes and Assessments, a tax bill for all taxes and water rents, the expense thereof to be a Town charge, -4- 1, Setting Date for Tax Lien Sale In accordance with memorandum from the Receiver of Taxes, herewith presented and filed, on motion by Councilwoman Helwig and seconded by Councilman Kane, it was unanimously RESOLVED, that pursuant to Chapter 153 of the Laws of 1957, Wednesday, May 23rd, 1962 be and it hereby is designated as the date for hold- ing the Tax Lien Sale for 1962 in the Town of Mamaroneck. COMMUNICATIONS (Not on Agenda) 1, Letter from William J. Ronan Secretary,to the Governor The Clerk presented a letter from Mr, Ronan, Secretary to Governor Rockefeller, acknowledging receipt of resolution relating to proposed legislation to amend the Vehicle and Traffic Law in regard to noise caused by motor vehicles (S.I, 2634 - A.1. 3897), which was referred to the Gover- nor's Counsel for consideration, which was ordered re- ceived and filed, 2. Notice of Hearing - Planning Commission Village of Scarsdale The Clerk presented a notice of public hearing before the Planning Commission of the Village of Scarsdale on March 7th, 1962, which was ordered received and filed with copy thereof to be forwarded to the Town Attorney and Chairmen of the Town Planning and Zoning Boards, REPORTS The Town Clerk -- The Clerk presented the following reports, which were or- dered received and filed; Report of the Building Inspector for the month of February, 1962, Report of the Receiver of Taxes and Assessments for the month of February, 1962, Report of the Westchester Shore Humane Society, Inc, for the month of February, 1962, The Supervisor -- 1, Signalization, Harmon Drive & Weaver Street Highway Garage Bill -5- R. The Supervisor advised the Board that the Attorney, the Chief of Police and he would go to Albany on Tuesday, the 13th, to confer with officials of the State Traffic Commission regarding the installation of the light so long requested at the intersection of Harmon Drive and Weaver Street, He further stated that the Attorney and he would also con- fer with legislators regarding the proposed Highway Gar- age bill, 2. Joint Town and Village Consolidation Committee Progress Report The Supervisor presented a progress report submitted by the Joint Town and Village Consolidation Committee, copy of which was handed to each member of the Board for his study, which was ordered received and filed for the record, Councilwoman Helwig -- 1, Albany Meeting - Noise Legislation Councilwoman Helwig reported the results of the meeting in Albany, which was attended by Mr. Potter, Consultant to the Thruway Noise Abatement Committee, Mr. Santoro and herself with Senator Speno, Chairman of the Motor Vehicle Committee and Mr. Arnold Wise, Counsel to the Motor Vehicle Commission. She stated in substance that Senator Speno had agreed to have his staff assist Mr. Potter in re-wording the bill so that it might be re-introduced as a local option bill or County bill, which at this time would have to be done through Rules Committee, Councilman Kane -- Councilman Kane stated that he had no report to present at this time, Councilman Brush -- Councilman Brush stated that he had no report other than that pertaining to Fire matters. Councilman Cook -- 1. Zoning Board of Appeals Councilman Cook reported that he had attended the last meet- ing of the Zoning Board, at which time Mr. Sobel, the newly- appointed Chairman had assumed his responsibilities and Mr. Richard I. Land, the newly-appointed member, had been introduced. -6- G5 2., Meeting - Use of Cargill Park for School Councilman Cook informed the Board that the Supervisor, the Attorney and he had recently met with representatives of the Board of Education informally to discuss the pro- posal that Cargill Park be used for a new elementary school site. He stated that it had been a most cooperative meeting and that it was highly possible that under a suggested "joint use proposal", the Town would have a better recreation set-up than it has enjoyed to date, 3, Planning Board Meeting Councilman Cook reported that he had attended the Planning Board meeting Monday evening, and that in the matter of the Winged Foot Golf Club's application to construct a swimming pool, the applicant, following review of several alternate sites in line with the Board's request, had sub- mitted a modification of the original site which the Plan- ning Board approved pending personal inspection of all pro- posed locations for the proposed pool at the Club next Sat- urday morning. He also stated that a large delegation of those residents of the area near the Club, who were strongly opposed to the proposed pool, were present at the meeting and very vocal in their opposition to the said application. 4, Apportionments Councilman Cook presented the following petitions from the Assessor for the correction of the assessment roll so as to permit the apportionment of taxes, and on his motion, which was seconded by Councilman Kane, the following resolution was adopted unanimously; WHEREAS, the Assessor has presented petitions for the correction of the assessment roll for certain years pursuant to the provisions of Section 557, Ar- ticle 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 correc- tion of said assessment roll; NOW THEREFORE BE IT RESOLVED, that the assessment roll of 1961, taxes --- of 1962, and the assessment roll of 1960, taxes of 1961, which show property now appearing on the rolls as follows* 1960 - 1961 Block Parcel Name Land Imp Total 905 303 NY, NH, & H. R.R. $ 20, 877 $ $ 20, 877 -7- 1961 - 1962 Block Parcel Name Land IMP Total 825 600 NY, NH, & H. R.R. $ 27, 700 $ $ 27, 700 be corrected as follows in accordance with the pro- visions of subdivision 5 of Section 557- 1960 - 1961 Block Parcel Name Land IMP Total 905 303 NY, NH, & H. R. R. 19, 104 19, 104 905 600 L. Rogliano & W 1, 773 1, 773 1961 - 1962 Block Parcel Name Land Imp Total 825 600 L. Rogliano & W 7, 800 7, 800 825 615 NY, NH, & H. R.R. 19, 900 19, 900 and be it FURTHER RESOLVED, that the assessment roll of 1960, taxes of 1961, and the assessment roll of 1961, taxes of 1962, which show property now appearing on the rolls as follows: 1960 - 1961 Block Parcel Name Land Imp Total 905 303 NY, NH, & H. R. R. 19, 104 19, 104 1961 - 1962 Block Parcel Name Land Imp Total 826 778 NY, NH, & H. R. R. 2, 100 2, 100 be corrected as follows in accordance with the pro- visions of subdivision 5 of Section 557- 1960 - 1961 Block Parcel Name Land Imp Total 905 303 NY, NH, & H. R.R. 17, 821 17, 821 905 778 Robinson-Wagner Go, 750 750 905 788 NY, NH, & H. R.R. 533 533 1961 - 1962 Block Parcel Name Land Imp Total 826 778 Robinson-Wagner Go, 1, 200 1, zoo 826 788 NY, NH, & H. R. R. 900 900 and be it FURTHER RESOLVED, that the assessment roll of 1961, taxes of 1962, which shows property now ap- pearing on the roll as follows. -8- Block Parcel Name Land Imp Total 829 23 Robert D. Spickler $ 13, 800 $ 98, 200 $112, 000 be corrected as follows in accordance with the pro- visions of subdivision 5 of Section 557; Block Parcel Name Land Imp Total 829 23 Robert D. Spickler 10, 000 80, 800 90, 800 829 33 " 3, 800 17, 400 21, 200 and be it FURTHER RESOLVED, that the assessment roll of 1961, taxes of 1962, which shows property now ap- pearing on the roll as follows; Block Parcel Name Land Imp Total 721 582 Richard G. Murphy & W 4, 000 9, 500 13, 500 be corrected as follows in accordance with the pro- visions of subdivision 5 of Section 557: Block Parcel Name Land Imp Total 721 582 Sally Frantzman 100 100 721 583 Richard G. Murphy 3, 900 9, 500 13, 400 and be it FURTHER RESOLVED, that the assessment roll of 1961, taxes of 1962, which shows property now ap- pearing on the roll as follows: Block Parcel Name Land Imp Total 941 37 Henry Berman 7, 000 5, 500 12, 500 be corrected as follows in accordance with the pro- visions of subdivision 5 of Section 557: Block Parcel Name Land Imp Total 941 37 Henry Berman 3, 500 2, 800 6, 300 941 47 William Curtis & W 3, 500 2, 700 6, 200 and be it FURTHER RESOLVED, that the assessment roll of 1961, taxes of 1962, which shows property now ap- pearing on the roll as follows: Block Parcel Name Land only 124 360 Fredvil Homes Inc, $ 2, 000 be corrected as follows in accordance with the pro- visions of subdivision 5 of Section 557: Block Parcel Name Land only 124 360 Fredvil Homes Inc, 1, 000 124 366 Eugenia J. Pirro 1, 000 -9- and be it FURTHER RESOLVED, that the assessment roll of 1961, taxes of 1962, which shows property now ap- pearing on the roll as follows* Block Parcel Name Land only 228 75 Investors Collateral Corp $ . X0,.000 be corrected as follows in accordance with the pro- visions of subdivision 5 of Section 557; Block Parcel Name Land only 228 75 Investors Collateral Corp 9, 900 228 500 Arthur I, Winard & W 100 and be it FURTHER RESOLVED, that the assessment roll of 1961, taxes of 1962, which shows property now ap- pearing on the roll as follows* Block Parcel Name Land only 320 794 Joseph W. Gleicher Co, Inc, 3, 000 be corrected as follows in accordance with the pro- visions of subdivision 5 of Section 557; Block Parcel Name Land only -- 320 794 Severio Luceno 1, 700 320 821 Joseph W. Gleicher Go, Inc, 1, 300 and be it FURTHER RESOLVED, that the assessment roll of 1961, taxes of 1962, which shows property now ap- pearing on the roll as follows* Block Parcel Name Land only 713 499 Aaron A. Wyn 3, 300 be corrected as follows in accordance with the pro- visions of subdivision 5 of Section 557* Block Parcel Name Land only 713 499 Aaron A. Wyn 2, 500 713" 507 William M. Girden 800 The Town Attorney -- 1, Contract with Jan-Dee Trucking Inc, Upon the Attorney's presentation of the contract with the Jan-Dee Trucking Inc, for licensed use of certain por- tion of the Hommocks area for deposit of fill, prepared by him in accordance with this Board's direction, and -10- 7, his request that the Supervisor be authorized to execute same for the Town, on motion by Councilman Cook and seconded by Councilwoman Helwig, it was unanimously RESOLVED, that the Supervisor be and he hereby is authorized to execute the contract between the Town of Mamaroneck and the Jan-Dee Trucking Inc, as presented herewith by the Town Attorney, 2, Letter from New York State Thruway Authority (Payment for Larchmont Gardens Lake Property) The Town Attorney presented a letter from the State of New York Department of Law (Real Property Bureau), dated February 28, 1962 and signed by Edward R. Amend, Assistant Attorney General, in which were enclosed re- lease, affidavit of title, and voucher in triplicate in con- nection with the payment of the sum of $8700, 00 for the property at Larchmont Gardens Lake, taken by the New York State Thruway, which he requested the Supervisor be authorized to execute. Whereupon, on motion by Councilwoman Helwig and sec- onded by Councilman Cook, it was unanimously RESOLVED, that the Supervisor be and he hereby is authorized and directed to sign the release, the affi- davit of title, and the voucher in triplicate, for the payment of the award made by the New York State Thruway, New England Section, for Parcels No, 733, 734, and 764, Map No, 733, and forward these docu- ments to the Attorney General of the State, 3, Dog Control (Meeting wi th Westchester Shore Humane Society) The Attorney reported that officials of the seven municipalities served by the Westchester Shore Humane Society had met re- cently with officials of that organization to discuss the matter of the apprehension and care of licensed as well as unlicensed dogs, as permitted under 1961 legislation, He stated that several of the municipalities concerned thought the cost estimates for such expanded service, as prepared by the Humane Society and based on the dog population in each of the municipalities, were high, and that further consideration was deferred pending receipt of certain additional cost studies to be prepared and compiled by the Treasurer-Clerk of the Village of Mamaroneck, 4, Con Edison (Proposed Increase in Street Lighting Rates) The Attorney reported that°:the Committee was continuing its studies in connection with the proposed increase pending pub- lic hearing before the Public Service Commission, for which no date had as yet been set, -11- 5, Certiorari Proceedings (Thruway Garage) Upon the Attorney's presentation of an appraisal submitted by William J. Grandberg, expert real estate appraiser en- gaged by the Village of Larchmont and the Town, to ap- praise the Thruway Garage property located on North Ave- nue, approximately 175 feet west of Chatsworth Avenue in the Village of Larchmont, and known as Block 602, Parcel 864 on the Tax Assessment Map of the Town of Mamaro- neck, in connection with the certiorari proceedings pend- ing thereon, and in accordance with his recommendation that the said proceedings be settled at $60, 000 based on the prevailing 52010 state equalization rate and the fact that the appraiser had valued the property at $116, 500, on mo- tion by Councilman Cook and seconded by Councilman Brush, the following resolution was adopted unanimously; WHEREAS, heretofore a writ of certiorari was ob- tained by the Thruway Garage, owner of property known and described as Block 602, Parcel 864 on the Tax Assessment Map and Assessment Roll of the Town of Mamaroneck for the year 1961 for taxes of 1962; and WHEREAS, the Town Attorney recommends to this Board that the proceedings be settled and dis- continued upon the reduction of this,as.sessmenta , NOW, THEREFORE, BE IT RESOLVED, that the assessment for the year 1961 for taxes of 1962 upon property owned by the Thru- way Garage and described upon the Assessment Map and Assessment Roll of the Town of Mamaroneck as Block 602, Parcel 864, be reduced as follows. From Assm't, Tax Year Year Land Improvement Total 1961 1962 $10, 000 $70, 000 $80, 000 To Assm't, Tax Year Year Land Improvement Total 1961 1962 $15, 000 $45, 000 $60, 000 provided the certiorari proceedings now pending in the name of the Thruway Garage for the year 1961 for taxes for 1962 be discontinued without costs as against either party; and be it FURTHER RESOLVED, that all refunds of taxes due -12- 7 by reason of such reduction be paid without in- terest; and be it FURTHER RESOLVED, that the Town Attorney is hereby authorized and directed to sign the neces- sary stipulations to obtain an order of the Supreme Court providing for such reduction, OTHER BUSINESS 1, Mr, Carl J. Shumer In reply to the Supervisor's inquiry as to whether there was any further business to come before the meeting, Mr, Carl J. Shumer of 2 Stonewall Lane addressed the Board with re- spect to a platform created at the side of the road on the parking area adjoining his property. After explanation by the Town Engineer and Superintendent of Highways, since Mr. Shumer still objected to the ap- pearance of this platform even though it was considered ad- visable by the Police Chief and had been requested by the Superintendent of Schools in the interest of the safety of the children boarding the bus in this location, the Board ad- vised that they would personally visit the area concerned and advise further with Mr. Shumer following such in- spection if it proved objectional and such conference was necessary, ADJOURNMENT There being no further business to come before the meeting, on motion duly made and seconded, it was declared adjourned at 9:15 p.m. , to reconvene on March 21st, 1962, BOARD OF FIRE COMMISSIONERS The meeting of the Board of Fire Commissioners was convened immediately following adjournment of the Town Board meeting, 1, Claims Commissioner Brush presented the following claims, which had been audited by the Comptroller and ap- proved by the Fire Chief, and requested authoriza- tion for payment of same. Whereupon, on his motion, which was seconded by Councilwoman Helwig, it was unanimously RESOLVED, that the following claims be and they hereby are approved, and the Supervisor -13- and Comptroller be and they hereby are au- thorized to pay the same out of the budget for the Fire Department: Chatsworth Oil Co. $14965 Barney Epstein, Inc, 179. 68 Ronconi Lawn Mower Service 9. 50 Wesco Fire Equipt, & Service 235, 00 Total $573, 83 2, Reports Commissioner Brush presented the Fire Report for the month of February, 1962, which was ordered received and filed, 3, Communications Commissioner Brush presented a letter from the Fire De- partment requesting reappointment of the Fire Chief as Fire Inspector, and thereupon on his motion, which was seconded by Commissioner Kane, it was unanimously RESOLVED, that the Fire Chief, Hans Schmidt, be and he hereby is appointed Fire Inspector (Part Time) of the Town of Mamaroneck for the year 1962, to be compensated at the rate of $960, 00 per annum in accordance with the Compensation Plan of the Town of Mamaroneck for 1962, 4> Other Business 1, Request for Signs In connection with the coming Firemens Dance, per- mission was requested to erect two signs, one at Weaver and Palmer and one at Murray and Forest, The Chief was requested to submit this request in writing to the Commission, stating size of sign, etc, so that the matter could be studied and an answer to the request given at the next meeting of this Commission, 5, Adjournment There being no further business to come before the meeting, on motion duly made and seconded, it was declared ad- journed at 9:20 p.m. , to reconvene on March 21st, 1962, To erk -14-