HomeMy WebLinkAbout1957_06_05 Town Board Minutes MINUTES OF A REGULAR MEETING OF THE TOWN BOARD
OF THE TOWN OF MAMARONECK, HELD JUNE 5, 1957, 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 8:15 p.m.
PRESENT: Supervisor Burchell
Councilman Brush
Councilman Kane
Councilman Santoro
ABSENT: Councilman Waterman
ALSO PRESENT: Mr, Gronberg - Town Clerk
Mr. Delius Town Attorney
Mr. Friedlander - Town Engineer
Mr. Finson - Accountant
Mr. O'Brien - Superintendent of Highways
Mrs. Brewer - Secretary
APPROVAL OF MINUTES
The minutes of May 15, 1957 were approved as corrected.
The minutes of the Special Meeting of May 28, 1957 were
approved as presented,
OLD BUSINESS
a. REQUEST TO PURCHASE TOWN OWNED PROPERTY
4Blocks 104, 105 - Parcels 551, 900 Dr. Haralambie)
Dr. Haralambie's request to purchase a 25 foot strip of the
Town owned property bordering the west side of his prop-
erty at 32 Bonnie Way, Larchmont, and running its entire
length, was presented at the meeting of May 15th. In view
of the fact that another and prior offer to purchase this en-
tire piece of Town owned property (Block 104 - Parcel 551
and Block 105 - Parcel 900) had been submitted by a Mr,
Jacob Oliner as attorney for Mrs. Sarah Oliner, the Board
after reviewing the matter, requested the Town Attorneyto
contact the two interested parties in an attempt to effectuate
an agreement to both and to report thereupon at the next
meeting of the Board.
i
b. REQUEST FOR REPLACEMENT OF EXISTING STOCKADE FENCE
The Clerk stated that the request of Mr. Luke M. Charde
for permission to replace an existing stockade fence on
part of his back yard had been brought before the Board at
the meeting of May 15th and that letters had been sent to
the neighboring property owners and the site visited by
the members of the Town Board in accordance with the
customary procedure.
As there was no objection voiced to the erection of the
requested fence on the part of the neighboring property
owners or the members of the Board, on motion by Coun-
cilman Kane, seconded by Councilman Brush, the follow-
ing resolution was unanimously adopted;
WHEREAS, Luke M. Charde of 50 Moran Pace., New Ro-
chelle, heretofore requested a permit for the erection of
a six foot (61) stockade fence to replace an existing five
foot (51) stockade fence across part of his backyard on
his property known as Block 504 - Parcel 25 on the Tax
Assessment Map of the Town of Mamaroneck; and
WHEREAS, the Building Inspector refused to grant such
permit on the ground that construction or erection of such
fence violated the provisions of Section 112, Article 21 of
the Building Code; and
WHEREAS, Mr. Charde has appealed to this Board for
modification of the Building Inspector°s decision, pursu-
ant to Section 23, Article 1 of the Building Code, so as to
allow erection of said fence;
NOW, THEREFORE, BE IT
RESOLVED that permission is granted to Luke M. Charde
to erect a six foot (61) stockade fence across part of his
back yard to replace the existing five foot (5°) stockade
fence on premises known as Block 504 - Parcel 25 on the
Tax Assessment Map of the Town of Mamaroneck provided
said fence is erected on the owner's property with any gate
opening in on the premises of the owner.
NEW BUSINESS
a. EMERGENCY HOUSING RENT CONTROL LAW
At the request of the Supervisor, the Town Attorney reviewed
the background and the present status of the Rent Control Law
stating that the law had been in existance since 1946 with leg-
islation extending the operation of the law from time to time
until July 1, 1957. Each amendment excepted from the oper-
ation of the law certain specified housing accommodations
either as to the character of such accommodations or their lo-
cation, such as two-family dwellings in Monroe County, etc.
In 1957, the Legislature passed Chapter 755 providing another
exception, that is to say all housing accommodations in all
counties of the State excepting New York City and excepting
boarding houses in Westchester County so as to decontrol these.
upon their being vacated by the present tenant. But this excep-
tion would not become operative if a City Council or Town
Board, on or before June 30, 1957, adopted a resolution elect-
ing that this exception would not apply to the particular city or town.
The Town Attorney further stated that the Villages have
no right of election, this being confined to the cities and
towns by law; and that the question before this Board
seems to be whether the Board wishes, by resolution,
to have rent control extended until 1959 - which is the
date to which rent control is extended generally by
Chapter 755 of the Laws of 1957.
The Supervisor thanked the Attorney and stated that all
those who wished to be heard on this matter would be so
heard. He suggested that in the interest of clarity and
continuity, those favoring the continuance of control be
heard first.
There being none present who so wished to address the
Board, the Supervisor requested the Clerk to present
the file of correspondence addressed to the Board in fa-
vor of the continuance of control.
The Clerk presented the following communications, all
urging the continuance of controls
1. Letter from Jacques E. Wilmore, Housing Secretary,
Urban League of Westchester County, Inc,
Z. Three communications from Joseph M. Elliott, 95
Beekman Avenue, North Tarrytown, addressed to
County Executive James D. Hopkins, Supervisor
Owen M. Quinn of Mt. Pleasant, and Mayor Gabriel
P. Hayes of North Tarrytown.
3. Unsigned communication from tenants of Larchmont
Acres Apartments.
4. Letter from Mrs. Madeleine Pratt of 333 East 53rd
Street, New York City.
5. Communication from the Village of Larchmont Board
of Trustees.
6. Communication from the Village of Mamaroneck
Board of Trustees.
7. Letter from James Sweeney, Alden House, Larchmont.
8. Letter from Mrs. Frederick C. Keller, Evelyn Court
Apartments, Mamaroneck.
The Clerk further advised the receipt of several calls from
individuals urging the continuance of control.
Upon ascertaining that no one else wished to be heard in
favor of the continuance of control, the Supervisor invited
those who wished to speak in favor of decontrol to do so.
The following persons were heard'
1. Mr. Barney Epstein of Barney Epstein, Inc. , Real Es-
tate Insurance, 135 Mamaroneck Avenue, Mamaroneck.
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2. Mr, Joseph Grotto, owner of Hillcrest Court Apart-
ments, Mamaroneck Avenue, Mamaroneck,
3. Mr. Joshua Fiero, attorney representing the West-
chester County Real Estate Owners Association,
4. Mr. William Fulcher, 124 East Prospect Avenue,
Mamaroneck.
5. Mr. Peter C. Doern of Peter C. Doern, Jr. , Inc. ,
-- Real Estate Insurance, 120 Mamaroneck Avenue,
Mamaroneck.
6. Mr. Joseph C. Goodman of Stamford, Connecticut,
part-owner of Chatsworth Gardens Apartments,
Larchmont.
At this time, Mr. Peter Mosher of 72 Vine Road, Larch-
mont, ',addressed the Board speaking in favor of continu-
ance of control.
The Supervisor then addressed four questions to Mr.
Fiero, the attorney representing the Westchester County
Real Estate Owners Association, as follows;
1. Is there presently a housing shortage in Westchester
County?
2. Are landlords allowed a 15% increase upon vacancy?
3. Would you say, judging from your experience, that
landlords are actually operating at a loss?
4. Is it true that if a landlord is operating at a loss, he
can apply for relief under the law -- in other words,
if he is making less than 6% on his investment, he
can apply for relief from such condition?
Mr. Fiero replied to the first question that to the best of
his knowledge a housing shortage existed in Westchester
County at this time only in certain price ranges; to the
second, he replied in the affirmative but added that this
1510 did not afford sufficient compensation to the landlord
to take care of increasing costs in many cases; to the
third, he stated that in his experience, the answer was
in general - no; and to the fourth, he replied that there
was such provision under the law but that this was diffi-
cult to establish and prove, etc.
A lengthy and detailed discussion followed with some
questioning and commenting on various aspects of this
matter by each of the Councilmen, concluding which the
following resolution was read by the Town Attorney, and
upon motion unanimously adopted;
WHEREAS, the Town Board of the Town of Mamaroneck
was authorized and empowered by an Act of the Legisla-
ture known as Chapter 755 of the Laws of 1957, which
amended certain provisions of Chapter 274 of the Laws of
1946 known as the "Emergency Rent Control Law", to
elect that certain provisions of said law with respect to
8
decontrol of housing accommodations in Westchester County,
except boarding houses or rooming houses, not otherwise ex-
empt or excluded from control, which become vacant on or
after July 1, 1957 (as more particularly stated in Section 2,
subdivision 2, Paragraph 11K" of said Emergency Rent Con-
trol Law as so amended), should not apply in the Town of
Mamaroneck; and
WHEREAS, this Board upon request to the Mayors of the Vil-
lages of Larchmont and Mamaroneck has received resolutions
-- adopted by the respective Village Boards requesting this
Board to take the necessary action to retain control of hous-
ing accommodations in the Town of Mamaroneck to the extent
made possible by Section 12, subdivision 5 of Chapter 755 of
the Laws of 1957;
NOW, THEREFORE, BE IT
RESOLVED that pursuant to the provisions of Chapter
274 of the Laws of 1946 known as the Emergency Rent
Control Law as amended by Chapter 755 of the Laws
of 1957, the Town Board hereby elects that the pro-
visions of paragraph "K" of subdivision 2, Section 2
of said Emergency Rent Control Law excepting cer-
tain housing accommodations from housing accommo-
dations subject to rent control shall not apply to the
Town of Mamaroneck and that housing accommoda-
tions specified in such subdivision within the Town of
Mamaroneck shall continue to be subject to rent con-
trol in like manner as before the enactment of Chap-
ter 755 of the Laws of 1957.
FURTHER RESOLVED that the Town Clerk is au-
thorized and directed to forthwith transmit to the
Temporary State Housing Rent Commission a certi-
fied copy of this resolution.
The foregoing resolution was moved by Councilman Kane,
seconded by Councilman Santoro, and unanimously adopted
upon roll call with the result of the vote as: follows:
Roll Call: Councilman Brush - Aye
Councilman Kane - Aye
Supervisor Burchell - Aye
Councilman Santoro - Aye
b. APPOINTMENT OF BOARD OF REVIEW
The Supervisor explained briefly the membership and func-
tion of the Board of Review and advising that it was time to
appoint this Board for 1957, requested nominations for such
appointments,
The following nominations were made:
For reappointment, Councilman Kane nominated Frederick
Carey of the Village of Larchmont and Councilman Santoro
nominated Silvio Rainaldi of the Village of Mamaroneck.
As a new appointment to replace Robert S. McCoy,
Councilman Brush nominated William G. Massey, Jr. of
the Town (Unincorporated Area) and presented a resume
of his background and qualifications specially fitting Mr.
Massey for this service.
There being no further nominations, upon motion duly
made and seconded; it was unanimously
RESOLVED that the nominations be closed.
Whereupon, on motion by Councilman Kane; seconded by
Councilman Santoro; upon roll call, it was unanimously
RESOLVED that in pursuance of Section 529 of
Chapter 852 of the Laws of 1948 (Westchester
County Administrative Code), the Board of Re-
view is hereby appointed to consist of Fred-
erick Carey, Silvio Rainaldi, and William G.
Massey; Jr. , being resident taxpayers of the
Town, and who shall serve at the pleasure of
the Board.
FURTHER RESOLVED that William G. Massey,
Jr. be and he hereby is designated to serve as
Chairman,
FURTHER RESOLVED that the compensation of
the aforementioned members is hereby fixed in
the amount of fifty ($50. 00) dollars per day, but
not to exceed the sum of $250. 00 each.
The Board directed the Clerk to notify each of the ap-
pointees of their appointment and to advise the dates and
time that the Board would sit, namely on June 18th, 19th,
20th, and 21st from 10;00 a.m, to 4.00 p.m. at the Town
Offices, 158 West Post Road, Mamaroneck.
c. REQUEST FOR AUTHORIZATION FOR TIME-AND-ONE-
HALF PAY TO PER DIEM EMPLOYEES
The Attorney requested authorization for time-and-one-
half pay to all per diem employees of the Town of Ma-
maroneck and upon motion by Councilman Brush, sec-
onded by Councilman Kane, it was unanimously
RESOLVED that all per diem employees of the
Town of Mamaroneck shall receive for all time
which such employees are required to work in
excess of their regularly established hours of
employment, compensation at the rate of one-
and-one-half times the regular rate of compen-
sation in accordance with the provisions of
Section 90 of the General Municipal Law as
amended by Chapter 442 of the Laws of 1957.
Pi
d. NOTICE FROM PUBLIC SERVICE COMMISSION--DISCONTINU-
ANCE OF OMNIBUS OPERATIONS OF COUNTY TRANSPORTA-
TION COMPANY, INC.
The Clerk presented Public Notices received from the
Public Service Commission, dated May 28, 1957, re-
garding a Hearing to be held June 25, 1957, at 10;00
a.m, in the Offices of the Commission at 199 Church
Street, New York City, on two petitions; the first,
that of the County Transportation Company, Inc. , and
the second, that of the New York and Stamford Railway
Company seeking approval or permission to discon-
tinue all busses on their lines in Westchester County,
and by the New York and Stamford Railway Company,
in addition to discontinuance, for permission to trans
fer the system subsequent to the abandonment.
The Supervisor explained the importance of all citizens
who might be affected by the discontinuance of such ser-
vice being informed as to this matter and advised that
Mayor Coffinberry of the Village of Larchmont, Mr. Van
Hook of the Council of Civic Associations and other rep-
resentatives of the Associations from the affected areas
would meet with the Attorney and Supervisor as soon as
such a meeting could be arranged in order to discuss and
explore the matter thoroughly.
The Attorney urged all citizens interested to appear in
person at the Hearing and Councilmen Santoro and Brush
urged all interested who were unable to personally attend
the Hearing to send letters and telegrams emphasizing
that great notice was given to individual appearances and
opinions.
e. COMMUNICATIONS
1. Letter from R. W. Hiebert--Application for Fence
Under date of May 15, 1957, Mr. Hiebert
requested permission for the erection of
a five (5) foot stockade fence along part of
the side of his property in order to provide
safety for his children, to enchance the ap-
pearance of his property, and to provide
privacy.
The Board deferred action to the next meet-
ing of the Board in order to allow each mem-
ber of the Council to personally inspect the
site of the proposed fence and the Clerk to
notify the adjoining property owners of the
request in accordance with the usual pro-
cedure followed in such requests.
2. Letter from Mrs. Frances H. Boname--Resignation as
Public Health Nurse
The Clerk presented a letter addressed to Mr,
William Johnson, Village of Mamaroneck, un-
der date of May 15, 1957, submitting her res-
ignation as Public Health Nurse in the Town of
Mamaroneck, effective as of May 29, 1957, be-
cause of family obligations.
- The Board expressed its appreciation of Mrs.
Boname�s service and upon motion by Council-
man Brush, seconded by Councilman Kane, it
was unanimously
RESOLVED that this Board hereby ac-
cepts the resignation of Mrs. Frances
H. Boname as Public Health Nurse in
the Town of Mamaroneck, effective as
of May 29, 1957, with regret.
The Clerk was directed to so notify Mrs. Boname
and to express the Board's appreciation of her
service to the Town.
3. Letter from Health Center--Request for Confirmation of
Appointment of new Public Health Nurse
The Clerk presented a letter from Miss May Pintow,
Supervising Public Health Nurse, Mamaroneck Health
Center, Inc. , dated May 2l, 1957, requesting con-
firmation of the appointment of Miss Elizabeth Jackson
of 541 Pelham Road, New Rochelle, as Public Health
Nurse, effective as of June 17, 1957, at an annual sal-
ary of $4, 170. 00 per year.
Whereupon, on motion by Councilman Santoro, sec-
onded by Councilman Brush, it was unanimously
RESOLVED that this Board hereby confirms
the appointment of Miss Elizabeth Jackson
as Public Health Nurse in the Town of Ma-
maroneck, effective as of June 17, 1957,
to be compensated at the rate of $4, 170.00
per annum.
4. Letter from Larchmont Gardens Civic Association -- Rodent
Infestation
The Clerk presented a letter from David Butler, Sec-
retary of the Larchmont. Gardens Civic Association,
dated May 17, 1957, calling attention to the matter of
rodent infestation in the brook in the area of 152 Val-
ley Stream Road and north thereof and requesting that
adequate measures be taken to effectively alleviate
this condition.
The Supervisor ascertained that there were funds
available in the budget for such purpose and the
Superintendent of Highways was directed to con-
tact the Greenwich Exterminating Service for at-
tention to this matter.
Mr, Edmund B. Van Hook called to the Board's
attention that there was considerable rodent in-
festation in the Forest avenue area and requested
that this area also be given consideration and at-
tention.
5. Letter from A. C. Viebranz
The Clerk presented a letter from A. C. Viebranz,
dated May 21, 1957, written in appreciation of his
appointment as a member of the Board of Police
Commissioners.
This communication was received and filed.
6. Letter from C. W. Borton
The Clerk presented a letter from Cecil W. Borton
under date of May 23, 1957, thanking the Supervisor
and the Board for their gracious acceptance of his
resignation from the Board of Police Commissioners
and for the good wishes extended to him and his
family in their new home.
This communication was received and filed.
7. Letter from Recreation Commission--Request for authoriza-
tion of compensation for Summer Recreation Program Em-
ployees
The Clerk presented a letter under the signature of
Walter E. Warner, Jr. , Chairman of the Recrea-
tion Commission submitting the folowing list of Sum-
mer Recreation Program Employees and requesting
authorization for the compensation therefor:
Summer Playgrounds
The following persons are to be employed five (5) days a week for a
period of seven (7) weeks from July 8 to August 23, 1957, inclusive,
from the hour of 9:00 a.m, to 4:00 p.m. at the rate of compensation
as stated:
Flint Park
Playground Director--Mrs. Leo J. Hood $65.00 per week
Murray Avenue
Playground Director--Mrs. Mary B. Christie $ 65. 00 per week
Playground Leader -Miss Arlene Boraczek 32. 50 it
Playground Leader --Miss Lynne Rigano 35.00 1f
Playground Leader William-Ensinger 30. 00
Mamaroneck Junior High School
Playground Director--Mr. Joseph Berino 65. 00 per week
Playground Leader --Miss Lynne Corby 40.00 11
Playground Leader --Miss Joan Sheffield 35. 00 it
Playground Leader -Peter Motta 30. 00 it
Mamaroneck Avenue Playground
Playground. Director--Mr. William Celestino 65. 00 per week
Playground Leader --Miss Kay Frances Richards 40. 00 it
Playground Leader --Stanley Brice 30. 00
Arts and Crafts Instructor
Mr. Frank Tolve (Covering all Playgrounds) 100. 00 per week
Music School (Junior High School)
Mr. Frank Mambelli 65. 00 per week
Pre-School Play School
The following persons are to be employed five (5) days a week for a
period of seven (7) weeks from July 8 to August 23, 1957, inclusive,
from the hour of 9:00 a.m, to 12:00 p.m. at the rate of compensa-
as stated:
Play School Director--Mrs. Ann Catanese 45. 00 per week
Assistant Play School Director--Miss Elaine Nardeccia 40. 00 It
Play School Leader--Miss Judie Winterberg 25. 00 t°
Play School Leader--Miss Barbara Stanton 25. 00 "
Play School Leader--Miss Patti Sieglitz 25. 00 it
Play School Leader--Miss Patricia Saunders 25. 00
Cargill Park
Richard Finson 1.25 per hour
Thereupon, on motion by Councilman Santoro, seconded
by Councilman Kane, it was unanimously
RESOLVED that the following persons be em-
ployed by the Town of Mamaroneck for the
Summer Recreation Program staff for the
year 1957 for a period of seven (7) weeks from
July 8 to August 23, 1957, inclusive, to work
a five (5) day week, Monday to Friday inclu-
sive from 9:00 a.m. to 4:00 p.m. at the rate
of compensation as listed herewith:
Playground Directors
Mrs. Leo J. Hood--Flint Park $ 65. 00 per week
9
Mrs. Mary B. Christie--Murray Avenue $ 65. 00 per week
Mr. Joseph Berino--Mamaroneck Jr. High School 65. 00 YI
Mr. William Celestino--Mamaroneck Avenue 65. 00 1z
Mrs. Ann Catanese -Pre School Play School 45. 00 it
Assistant Play School Directors
Miss Elaine Nardeccia --Pre School Play School 40. 00 per week
Playground Leaders
Miss Arlene Boraczek--Murray Avenue 32. 50 per week
Miss Lynne Rigano " 35. 00 It
William Ensinger it 30. 00 it
Miss Lynne Corby--Mamaroneck Junior' High School 40. 00 If
Miss Joan Sheffield It 35. 00 it
Peter Motta IT 30. 00 it
Miss Kay Frances Richards--Mamaroneck Avenue 40. 00 it
Stanley Brice 1A 30. 00 if
Miss Judie Winterberg--Pre School Play School 25. 00 it
Miss Barbara Stanton IT 25. 00 It
Miss Patti Sieglitz it 25. 00 FI
Miss Patricia Saunders If 25. 00 11
Arts and Crafts Instructor
Mr. Frank Tolve--(Covering all schools) 100. 00 per week
Music School (7 weeks - 5 days - 9 a.m. - 12 p.m. )
Mr. Frank Mambelli--(Junior High School) 65. 00 per week
Cargill Park
Richard Finson 1. 25 per hour
8. Letter from Lester Place Civic Association--Installation of
Fence at dead end line of Lester Place and Landscaping of
Area
The Clerk presented a letter from Joseph Pittera,
President of the Lester Place Civic Association,
dated May 14, 1957, requesting permission to
erect at the Association's expense a six foot (62)
Cyclone wire fence with a stone and concrete base
at the exact location of the dead end line of Les-
ter Place and to landscape the dead end fence area
to enhance the beauty of that area.
At the Board's request, Mr. Pittera, who was
present, described in detail the plans for this pro-
- posal and requested the cooperation of the Town
Engineer in determining the exact location for the
proposed fence.
After hearing Mr. Pittera, on motion by Councilman
Kane, seconded by Councilman Santoro, it was
unanimously
RESOLVED that this Board hereby ap-
proves the request of the Lester Place
Civic Association to erect at the ex-
pense of said Association a six foot (6 1)
Cyclone wire fence with a stone and
concrete base at the exact Location of
the dead end line of Lester Place and
to landscape the dead end fence area
subject to the approval of the Town
Engineer.
The Supervisor and each member of the Council corn-
mented most favorably and commended the Lester
Place Civic Association on this proposed project.
REPORTS
The Clerk presented the following reports which were received
and filed:
Report of the Town Clerk for the month of May, 1957.
Report of the Receiver of Taxes and Assessments for
the month of May, 1957.
Report of the Building Inspector for the month of
May, 1957.
Statement of Bank Balances, Town of Mamaroneck, as
of June 1, 1957.
Report of the Supervisor for the period from January 1
to April 30, 1957.
REPORTS OF THE COUNCILMEN
Councilman Brush --
Park Commission
Councilman Brush reported that he had attended the
meeting of the Park Commission and that concern
had been expressed about damage caused by Thru-
way construction. He stated that an accurate ac-
counting of all such damage was being kept by the
Commission.
Councilman Kane --
Councilman Kane stated that he had no report at this
time.
Councilman Santoro --
Incinerator Commission
Councilman Santoro reported that there had been
a. decrease in tonnage collected and also that the
Commission had acted on Social Security.
Winged Foot Drive --Briar Dell Homes Development
(Request for sewer installation)
Councilman Santoro reported on the request for
the installation of a sewer at Town expense in
Winged Foot Drive made by the developers of
Briar Dell Homes, Inc, which had been referred
to him at the last meeting of the Board.
He presented a cost estimate of $13, 57 5. 00 for
such installation as prepared and submitted by
Town Engineer Friedlander.
At this time, Mr. Lee Gagliardi, attorney repre-
senting Mr. Anthony Gagliardi; owner of property
on Winged Foot Drive, addressed the Board to
ascertain what decision the Board was making upon
the request for this sewer installation and during
the ensuing discussion, Councilman Santoro pointed
out that it was his opinion that no decision could be
made upon any sewer installation until the problem
of the location of the road right-of-way had been
determined. In this connection, the Board, con-
curring with Councilman Santoro, directed Town
Engineer Friedlander to stake out the right-of-way
as the first step toward a solution of this matter
and deferred further action on this pending report
of Councilman Santoro and Town Engineer Fried-
lander.
REPORT OF THE SUPERVISOR
The Supervisor stated that he had no report at this time.
REPORT OF THE TOWN ATTORNEY
Contract for Extension of Sewer in Burton Road
The Attorney presented the contract for the extension of the
sewer in Burton Road and requested a resolution authorizing
the Supervisor to sign said contract.
Whereupon, on motion by Councilman Santoro, seconded by
Councilman Brush, it was unanimously
RESOLVED that the Supervisor be and he hereby is
authorized to sign the contract between Protano-
Girardi Contracting Company, Inc, and the Town of
Mamaroneck for the extension of the se war in Bur-
ton Road at a total cost not to exceed the sum of
$4, 100. 00, in compliance with said contract.
Decision--Dot Mort Holding Corporation vs. Town of Mamaroneck
The Attorney reported that there had been a decision by
Judge Brennan in the case of Dot Mort Holding Cor-
poration against the Town of Mamaroneck dismissing
the second Cause of Action in the complaint on the
ground that it failed to state fact sufficient to constitute
a Cause of Action. He explained that this was the
Cause of Action which alleged that all acts of the Town
Board since January 1, 1956 were void.
MATTERS NOT ON AGENDA
1. Mr. William Eipel and Mr. L. Byron Cherry
Mr. Eipel of 12 Old Colony Drive and Mr. Cherry of 59
Shore Drive, Larchmont, appeared before the Board on
behalf of a group of owners of shore-line property in
Larchmont to request the Board's consideration of a
proposal to dump fill pumped from a dredging operation
to be undertaken by said group on the Town owned prop-
erty in the Hommocks.
Councilman Santoro and Town Engineer Friedlander dis-
cussed with the other members of the Board in some de-
tail the problems which would have to be met before any
such request could be granted. For instance, if the
Town felt that in view of its present study of the possible
future development of this entire Hommocks area as a
recreational area, there would be no disadvantage to ac-
-- cepting this fill, the question of the retention of such
fill on said property would arise which, in turn, led to
the question of construction costs. It was then brought
out that the Board felt the Town should assume no costs
whatsoever in this connection and the suggestion followed
that since the Hampshire Country Club had been inter-
ested for some length of time in the construction of a
dike in this general area, Mr. Eipel and Mr. Cherry
discuss this with the Club in the hope that there might be
a possibility of building such a dike with some sort of
joint financial arrangement worked out between the Hamp-
shire Country Club and the interested group.
It was further stated that if the Town should consider the
granting of this request, the proposal would be publicized
in such manner that all residents who might be affected
thereby would be given an opportunity to be heard on the
matter.
Z. Mr. William Vey
Mr. Vey of 1 Bryson Street, Larchmont, appeared before
the Board accompanied by a, group of neighbors to request
information as to the reconstruction of the Murray Avenue
s ewer.
The Supervisor advised that meetings had been held with
members of the Board, the Town Engineer, Councilman
Santoro, Mr. Vey and members of the group concerned
several times and that they had also met with Mr. Hard-
ing, the County Superintendent of Public Works, and
that it was his feeling that the Board was cognizant of
the seriousness of this situation and was working toward
its solution. He further stated that since funds were not
available in the current budget, the matter could not be
corrected at the present time but that it had priority for
consideration in next year's budget. The Supervisor al-
so advised that the County was working in close coopera-
tion with the Town regarding this matter and had noti-
fied the Town that when the County repaved Murray Ave-
nue, this section would he left unpaved until the com-
pletion of the reconstruction of the sewer.
3. Mr. Vincent J. Ciardullo
Mr. Ciardullo of 4 Cabot Road, I.archmont, appeared be-
fore the Board to call attention to the dust condition in
connection with Thruway construction and to request that
something be done to alleviate this situation.
The Supervisor asked the Superintendent of Highways to
report thereon and Mr. O'Brien advised that the condition
was as represented and that he had communicated with
Mr. Skau of the Thruway office who had advised that steps
would be taken to rectify the situation until the area, which
is under the jurisdiction of the Thruway, could be paved.
The Board directed the Superintendent of Highways to fol-
low through on the matter.
ADJOURNMENT
There being no further business to come before the meeting,
it was adjourned at 11:15 p.m. to reconvene on July 3, 1957.
BOARD OF FIRE COMMISSIONERS
The meeting of the Board of Fire Commissioners was postponed
to July 3, 1957.
To CCI rk