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HomeMy WebLinkAbout1959_04_27 Town Board Minutes MINUTES OF A SPECIAL MEETING OF THE TOWN BOARD OF THE TOWN OF MAMARONECK, HELD APRIL 27, 1959 IN THE COUNCIL ROOM OF THE WEAVER STREET FIRE- HOUSE, WEAVER STREET, TOWN OF MAMARONECK. CALL TO ORDER The Supervisor stated that this special meeting had been called pursuant to Section 62 of the Town Law and calledthe meeting to order at 8.15 p.m. PRESENT: Supervisor Burchell Councilman Santoro Councilman Kane Councilwoman Helwig ABSENT: Councilman Brush ALSO PRESENT: Mr, Gronberg - Town Clerk Mr. Delius - Town Attorney Mr. Friedlander - Town Engineer Mrs. Brewer - Secretary OPENING OF BIDS --CONSTRUCTION OF PARKING LOTS & -- APPURTANCES LOCATED ON THE EAST SIDE OF MYRTLE BOULEVARD BETWEEN VINE STREET AND CABOT ROAD The Clerk presented the affidavit of publication of Notice for Bids as published in the official newspaper of the Town of Ma- maroneck, The Daily Times, on April 16th, 1959, and opened and submitted the following bids, each accompanied by a certi- fied check in the sum of 5jo of the amount bid in accordance with the paragraph entitled, "Bid Security, " of the specifica- tions prepared by the Town Engineer, Maurice Friedlander: Bidder Amount Bid Peckham Road Corp $ 43, 518. 00 New Rochelle Construction Co. Inc. 43, 906. 75 County Asphalt, Inc. 42, 9Z5. 50 Daniel F. McNamee & Co. , Inc. 41, 880.75 The bids were referred to Councilman Santoro and Town En- gineer Friedlander for tabulation and recommendation for award of contract. WJ APPLICATION FOR CONSENT TO OPERATE BUS SERVICE TO WINGED FOOT GOLF CLUB--NATIONAL OPEN The Clerk presented the application of Henry Munter and Edward Geary of 205 Halstead Avenue, Mamaroneck, New York, for the Town's consent to operate motor buses from the Mamaroneck Railroad Station along Fenimore Road to the Winged Foot Golf Club during the period of the National __. Open Golf Tournament to be held on June 11th, 12th and 13th, 19590 Following discussion and in view of the fact that there was need for such transportation during this period and that per- mission for same had been granted to the applicants by the Village of Mamaroneck, it was the feeling of the Board that such consent should be granted by the Town subject to ap- proval by the Public Service Commission and on motion by Councilman Santoro, seconded by Councilman Kane, it was unanimously RESOLVED that the Town Clerk be and he hereby is authorized to publish in the offi- cal newspaper of the Town of Mamaroneck, The Daily Times, the following Notice not later than May 9th, 1959, and to forward a copy of said Notice, as published, to the applicants, Henry Munter and Edward Geary at 205 Halstead Avenue, Mamaro- neck, New Yorke -- NO TIC E TAKE NOTICE that a public hearing will be held by the Town Board of Mamaroneck on the 20th day of May, 1959 at 8815 p,m, in the Council Room of the Weaver Street Fire House, Weaver Street in the Town of Mamaroneck for the purpose of considering the application of Henry Munter and Edward Geary, for the consent of the Town of Mamaroneck under the provisions of Sections 66 and 67 of the Transpor- tation Corporations Law of the State of New York, for the operation of a motor bus for transportation of passengers and property carried by said passengers for hire, in, upon, along and across Fenimore Road at the boundary between the Town and Village of Mamaroneck to the property of the Winged Foot Golf Club in the Town of Mamaroneck, for the duration of the National Open Golf Tournament scheduledto be held on June 11th, 12th and 13th, 19590 TAKE FURTHER NOTICE that the purpose of said pub- lic hearing is to consider the granting of such consent for the use of the above described portions of streets or high- ways in the Town of Mamaroneck to Henry Munter and Ed- ward Geary, and that at such public hearing all persons in- terested will be given an opportunity to be heard this notice being given pursuant to Section 64, Paragraph 7 of Chapter 62 of the Consolidated Laws known as the Town Law and Sections 66 and 67 of Chapter 63 of the Consolidated Laws, known as the Transportation Corporation Law of the State Of New York, BY ORDER OF THE TOWN BOARD OF THE TOWN OF MAMARONECK Charles J. Gronberg Town Clerk Dated. April 30, 1959 REQUEST FOR PERMISSION TO OPERATE CARROUSEL-- KENNY'S FLOOR COVERINGS Mr, Irving K. Kenny appeared before the Board to request permission to operate in connection with a store-wide sale a Kiddie Carrousel on the premises of his place of business lo- cated at 1329 Post Road, Town of Mamaroneck. Following some discussion during which the Attorney ad- vised the Board that there were no regulations or ordinances which would prevent or prohibit the conduct of such a carrou- sel on private property and in view of the fact that Mr. Kenny had arranged with Police Chief Yerick for the handling of traffic during the hours of this event, it was the feeling of the members of the Board that no official action was required on the part of this Board and the Supervisor, after thanking Mr. Kenny for his courtesy in presenting his request, so advised Mr, Kenny, REQUEST OF POLICE COMMISSION The Clerk presented the following letter from the Board of Police Commissioners dated April 24th, 19596 "At the last Town Board meeting, the Department re- ceived an approval for $30, 00 in expenses to send two' men to Camp Smith for firearms training. Subsequent to that time, we found that the Recruit School being held at the Sheriff's office in White Plains included this training as well as a general course and it was decided to send our four newest officers to this school. In order to cover the expenses of lunches for these men for ten days at $1, 50 per day, it is requested that the previous approval be increased to a maximum of $60, 00, This increased amount is in the Department's budget and the expenditure on this activity, rather than the FBI school, permits us to get a complete training course for these four new officers rather than firearms training only for two officers, " Whereupon in accordance with the Police Commission's request and on motion by Councilman Kane, seconded by � y � Councilwoman Helwig, it was unanimously RESOLVED that the resolution adopted by this Board on April 15, 1959, authorizing payment of transportation and food expenses in an amount not to exceed the sum of $30.00 for two Town of Mamaroneck Police Force officers at FBI firearms training school at Camp Smith, May l lth to 15th inclusive, be and it hereby is rescinded; and be it FURTHER RESOLVED that this Board hereby authorizes payment of luncheon expenses in an amount not to exceed the sum of $60. 00 for four Town of Mamaroneck Police Force offi- cers attending the Recruit School at the Sheriff's Office, White Plains, New York, for a 10-day period at $1, 50 each per day; said expenses to be paid out of the item in the Po- lice budget established for such purpose. APPEAL--65 PALMER AVENUE In the matter of the appeal for revocation of the building per- mit issued for premises known as No, 65 Palmer Avenue which was brought before the Board at the April 15th meeting, Coun- cilman Santoro recommended that Mr. Lee Perry of New Ro- chelle, a qualified architect with wide experience in apartment -- house construction, be retained as consultant to the Board, and on his motion which was seconded by Councilman Kane, it was unanimously RESOLVED that Mr. Lee Perry, Architect of 419 North Avenue, New Rochelle, be retained to serve as Consultant to the Board in connection with the matter of the appeal for revocation of the building permit issued for the premises known as No. 65 Palmer Avenue on December 2, 1955. The Supervisor introduced Robert B. White, attorney repre- senting Charles M. McCarty, as President of Howell Park As- sociation (an unincorporated association), and Peter G. Moore, and Joseph S. Johnston, attorney representing Grew Properties, Inc., owners of the property known as No. 65 Palmer Avenue. Mr. White, before starting his formal presentation, stated that the Association, with the Board's consent, had engaged a stenographer, a copy of whose transcript entitled, "Stenogra- pher's Minutes, Meeting of April 27th, 1959", is hereto at- tached. In the course of his presentation, Mr. White requested per- mission to review the history of No. 65 Palmer Avenue "off the record", and upon the Town Attorney advising that he saw no objection to this since since the history was already a part of ,the court proceedings, the Board granted this request. tI5 J A At the conclusion of his presentation, Mr. White handed to each member of the Board a copy of a memorandum of law entitled, "Memorandum on Behalf of Appellants," Immediately following, Mr. Johnston addressed the Board on behalf of Grew Properties, Inc. , owners of the property known as No. 65 Palmer Avenue, stating that this proceeding was actually brought to revoke a permit issued in 1955 and that the record showed nothing of any action on the part of the Howell Park Association from that date to the present time, that the time to take an appeal is fixed by law and that the time when anyone could raise this question legally had expired years ago and, in fact, was barred by the Statute of Limita- tions. He further stated that the Howell Park Association had no standing in this matter and could not resort to court pro- ceedings, and that in any event, there was nothing in the rec- ord to show that anyone was aggrieved, Mr. Johnston then continued stating that this matter had first been brought up in 1953 in an action by Topping and OTDonnell against the Town of Mamaroneck to revoke the per- mit. At that time, he stated that he had appeared for Douglas Smith and the decision had been against the plaintiff on the merits. This decision, he continued, on appeal to the Appel- late Division, was affirmed and the motion to appeal to the Court of Appeals was denied. One of the conclusions of law on which the decision was based, he stated, was that the per- mit was valid. He further stated that although an attempt had been made to -- label this as an appeal from the present Building Inspectorts decision refusing to revoke the permit, in reality it was an appeal to revoke the permit issued in 1955. He further spoke of the large sums of money expended by Grew Properties in getting ready to build this apartment which, he stated, would have been built by now had it not been for this litigation by the Howell Park Association and he concluded his remarks stating that he could not believe this Board would hesitate to deny this appeal. The Supervisor then inquired whether any one else wished to be heard in connection with this matter and Dr. Daniel S. Lukas of 152 Valley Stream Road, Town, and Mr. Arthur Bo- gardus of 17 Overlook Terrace, Town, addressed the Board. Both Dr. Lukas, officially representing the Larchmont Gardens Civic Association, and Mr. Bogardus, the Larch- mont Hills Civic Association, spoke briefly in support of the Howell Park Civic Association, after which the Board, by common consent, declared the meeting adjourned at 10;20 p. m. with decision reserved. f T/ n Cl rk