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HomeMy WebLinkAbout1958_09_03 Town Board Minutes h' et -MINUTES OF A REGULAR MEETING OF THE TOWN BOARD OF THE TOWN OF MAMARONECK, HELD SEPTEMBER 3, 1958, 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 Waterman Councilman Santoro ABSENT- None 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 PUBLIC HEARING--AMENDMENT OF GENERAL ORDINANCE SECTION 6 - CHAPTER II The Clerk read the notice of hearing and submitted the affidavit of publication of said notice in the official newspaper of the Town of Mamaroneck, The Daily Times, on August 21, 1958, The Supervisor, after briefly reviewing the proposed amendment, declared the hearing open and inquired whether anyone wished to speak either in favor of or in opposition to the proposed amend- ment, and since no one wished to be heard, on motion by Council- man Brush, seconded by Councilman Kane, it was unanimously RESOLVED that the hearing be and it hereby is declared closed. And, upon motion by Councilman Brush, seconded by Councilman Waterman, the following resolution was unanimously adopted- RESOLVED that Section 6 of Chapter II (Use of Streets and Highways) of the General Ordinances of the Town of Mamaroneck, as last amended August 6, 1958, is here- by further amended so as to designate in addition to streets already so designated as main arteries or thoroughfares, the street known as Madison Avenue and providing that all vehicles approaching said street from (1) Byron Place, (2) Washington Square, (3) Maxwell Avenue, (4) the access road or entrance to the New York Thruway (New England Section) between Chatsworth and Madison Avenue, (5) the exit from the New York Thruway i I (New England Section) and Madison Avenue, shall, be- fore entering Madison Avenue, come to a full stop pro- vided that a sign bearing the word "STOP" is erected at said intersections. The Board directed the Town Clerk to publish and post the foregoing resolution as provided in the Town Law. — PUBLICATION AND POSTING OF NOTICE At this time and for the purposes of the record, the Clerk presented the affidavit of publication in the official newspaper of the Town of Mamaroneck, The Daily Times, on August 21st, 1958, of the Notice of Adoption on August 6th, 1958, of a resolution amending Section 6 of Chapter LI of the General Ordinances of the Town of Mamaroneck and also informed the Board that said Notice had been posted in ac- cordance with the Town Law. OLD BUSINESS 1. Authorization for Borrowing of Funds--Payment of Aerial Repair The Supervisor explained briefly the reason for this request and thereupon, on motion by Councilman Waterman, seconded by Councilman Kane, the following resolution was unanimously adopted. RESOLUTION ADOPTED BY THE TOWN BOARD, ACTING AS COMMISSIONERS OF FIRE DISTRICT NO. 1, SEPTEMBER 3, 1958, AUTHORIZING THE BORROW- ING OF $6, 054. 60 FOR THE EXPENDI- TURE FOR NECESSARY REPAIRS TO AERIAL LADDER TRUCK DAMAGED AS THE RESULT OF AN ACCIDENT. Section 1. In anticipation of the levy in the 1959 budget for Fire District No. 1 in the Town of Mamaroneck for the fiscal year beginning January 1, 1959 and ending December 31, 1959 and for the purpose of providing moneys to pay for necessary repairs to fire fighting apparatus, to wit; an aerial ladder truck damaged as the result of an accident, the Supervisor of the Town of Mamaroneck, acting as Treasurer of Fire District No. 1, is hereby authorized and directed to issue a budget note of Fire District No. 1 in a total principal amount not exceeding$6, 054. 60 pursu- ant to Section 29. 00, subdivision " 1" of the Local Finance Law of the State of New York. Section 2. The total amount of said budget note to be issuedfor such repairs to fire fighting apparatus is $6, 054. 60. Section 3. The budget note issued under this resolution shall be dated September Ist, 1958 and the date of maturity of such note or any renewal thereof shall not extend beyond the 1st day of February, 1959. Section 4. The Supervisor, acting as Treasurer of Fire Dis- trict No. 1, is hereby authorized to determine the in- terest rate not exceeding 1.40ojo per annum and all other matters in connection therewith not determined by this or subsequent resolution and his signature upon saidnote shall be conclusive as to such determination. The note issued hereunder shall be substantially in the form of "model form of note payable to bearer" set forth in Schedule "B" of the Local Finance Law of the State of New York and shall be signed by the Supervi- sor, acting as Treasurer, and countersigned by the Town Clerk, acting as Secretary of Fire District No. I of the Town of Mamaroneck. Section 5, The Supervisor, acting as Treasurer of Fire Dis- trict No. 1, is hereby further authorized to issue said note and to borrow the principal amount thereof as here- by determined from the Surplus Fund (General Town) of the Town of Mamaroneck. 2. Report--Zoning Violation, Badger Camp The Attorney reported that he had had some correspondence regarding this matter but that he had not completed his in- vestigation and therefore requested that it be put over to the next meeting. The Board so directed the Clerk. 3. Report--Dedication of Split Tree Road In connection with this matter, carried over from the meeting of August 6th, the Town Engineer reported that an inspection of the road had been made on August 30th and submitted for the record, copy of the letter addressed by him to the Split Tree Realty Corporation under date of September 3rd, 1958 report- ing thereon, which was received and placed on file. 4. Report--Request for Opening of Road, S. & N. Auto Services, Inc. The Town Engineer reported that the survey made indicated that this road required fill and paving from the Post Road at a cost of $1Z, 750. 00 provided the Town could obtain certain per- mission from adjoining property owners regarding the placing of said fill; and in the event such permission could not be obtained, that the cost estimate would be doubled. Following a discussion during which the Board questioned whether any need for this road existed in the public in- terest, and the Attorney raised the question of possible hazard to the Town, Peter Wall, President of the S. & N. Auto Services, Inc. , addressed the Board again explain- ing the reasons for the request and exploring possible al- ternate solutions. The Board suggested that Mr. Wall and his attorney meet with Town Engineer Friedlander and Town Attorney Delius and endeavor to work out a mutually satisfactory plan and report to the Board thereon following such a conference. The Board thereby directed the Clerk to carry this matter over and schedule same on the agenda for the next meeting. 5. Request for Erection of Fence--F. Norman Hartman In connection with the request of F. Norman Hartmann for permission to erect a fence along his rear property line on his premises at 59 Mohegan Road, Town, presented at the last meeting of the Board, after the Clerk informed the Board that he had not received any objections to the re- quest and the members of the Board stated that they had viewed the site of the proposed fence, on motion by Coun- cilman Santoro, seconded by Councilman Brush, the follow- ing resolution was unanimously adopted. WHEREAS, F. Norman Hartmann of 59 Mohegan Road, Town of Mamaroneck, heretofore requested a permit for the erection of a woven picket fence along his rear property line for a distance of approximately 103 feet, paralleling Fenimore Road and starting from a point approximately 6 feet from the property line of Dr. Hunter's property, to be 6-feet 6-inches in height for the first 90 feet and then to curve down to 5 feet in height for the next 3 feet and to be 5 feet in height for the remaining 10 feet, on his premises located at 59 Mohegan Road, Town, and known as Block 205 - Par- cel 70 on the Tax Assessment Map of the Town of Ma- maroneck; and WHEREAS, the Building Inspector refused to grant such permit on the gound that construction or erection of such fence violated the provisions of Section 112, Article 21 of the Building Code; and WHEREAS, Mr, Hartmann has appealed to this Board for modification of the Building Inspector's decision pursuant to Section Z3, Article 1 of the Building Code, so as to allow erection of said fence; NOW, THEREFORE, BE IT RESOLVED that permission is granted to F. Norman Hartmann to erect a woven picket fence along his rear property line for a distance of approximately 103 feet, paralleling Fenimore Road and starting from a point approximately 6 feet from the property line of Dr. Hunter's property, to be 6-feet 6-inches in heightfor the first 90 feet and then to curve down to 5 feet in height for the next 3 feet and to be 5 feet in heightfor the remaining 10 feet, on his premises located at 59 Mohegan Road, Town, and known as Block 205, Par- cel 70 on the Tax Assessment Map of the Town of Ma- maroneck. The Board directed the Clerk to so notify Mr. Hartmann, 6, Request for Erection of Fence--Douglas Fais In connection with the request of Douglas Fais for permission to erect a fence along his rear and south side property lines on his premises at 35 Harrison Drive, Town, presented at the last meeting of the Board, after the Clerk informed the Board that he had not received any objections to the request and the members of the Board stated that they had viewed the site of the proposed fence, on motion by Councilman Waterman, sec- onded by Councilman Brush, the following resolution was unanimously adopted; WHEREAS, Douglas Fais of 35 Harrison Drive, Town of Mamaroneck, heretofore requested a permit for the erection of a 6-foot high cedar pole fence along his rear property line for a distance of approximately 60 feet and along the south side property line for a distance of ap- proximately 30 feet on his premises located at 35 Harri- son Drive, Town, and known as Block 502, Parcel 247 on the Tax Assessment Map of the Town of Mamaroneck; and WHEREAS, the Building Inspector refused to grant such permit on the gourd that construction or erection of such fence violated the provisions of Section 112, Article 21 of the Building Code; and WHEREAS, Mr. Fais has appealed to this Board for modification of the Building Inspector's decision pursuant to Section 23, Article 1 of the Building Code, so as to al- low erection of said fence; NOW, THEREFORE, BE IT RESOLVED that permis sion is granted to Douglas Fais to erect a 6-foot high cedar pole fence along his rear prop- -- erty line for a distance of approximately 60 feet andalong the south side property line for a distance of approximately 30 feet on his premises located at 35 Harrison Drive, Town, and known as Block 502, Parcel"247 on the Tax Assessment Map of the Town of Mamaroneck, The Board directed the Clerk to so notify Mr, Fais, 7. Request for Erection of Fence--Mrs, S. F. Martin The Clerk reported that this request for the erection of a fence, which was presented at the last meeting of the Board in accordance with the usual procedure, was with- drawn by the applicant, Mrs. S. F. Martin, as of August 18th, 1958. NEW BUSINESS 1. Application for Extension of Water Main--Glen Rock Estates The Engineer presented the application for the further ex- tension of a water main in Country Road in the proposed Glen Rock Estates subdivision, filed by William A. Glaser in accordance with the Board's request at the August 6th meeting and informed the Board that plans for the proposed subdivision were presently before the Planning Board. In view of this, the Board took no action at this time and directed the Engineer to notify Mr. Glaser, the applicantto this effect. 2. Application for Extension of Water Main--Thompson Street and Laurel Avenue The Engineer presented an application for a 325 foot extension of the water main in Thompson Place from Myrtle Boulevard to Laurel Avenue in order to service new homes proposed to be built by the applicant, Frank Clapps, Jr. of 1009 Boston Post Road, Mamaroneck. At this time, the Engineer also brought to the Board's atten- tion a communication from the Westchester Joint Water Works under date of February 21, 1958, recommending that 180 feet of old, undersized galvanized line servicing the houses Ares- ' ently in this area and located in Thompson Place be replaced with 6" main in order to provide adequate service and recom- mended that this replacement be authorized in view of the pro- posed new building in the area. He submitted a. cost estimate from the Superintendent of the Westchester Joint Water Works dated September 2, 1958, in the amount of $600. 00 for such replacement, and after some further discussion, on motion by Councilman Brush, seconded by Councilman Waterman, it was unanimously RESOLVED that the Westchester Joint Water Works No. 1 be and it hereby is authorized to replace 180 feet of galvanized line in Thompson Place with 6" main at a cost not to exceed the sum of $600. 00. The Supervisor then, after ascertaining from the applicant who was present, that he was not contemplating construction of the proposed new homes at the present time, requested that the application presently before the Board be withdrawn and that a new application for such extension be submitted at the time of actual construction. 3, Request for Change of Name--Larch Road to Larch Circle The Clerk presented a letter addressed to the Town Council by Mrs, Edna A. Forbes under date of August 26th, 1958, requesting that the name of "Larch Road" be changed to "Larch Circle", At this time, the Board was informed that a later request from Mrs. Forbes was that the name be changed to "Larch Drive" rather than "Larch Circle," In view of the fact that Larch Road is located in a new subdi- vision, the plans for which are presently before the Planning Board, and since this Board therefore has no jurisdiction in this matter at the present time, the letter was referred to the Town Attorney for reply, 4. Resignation--Nicholas Giacomo, Fire Truck Driver The Clerk presented a letter addressed to Supervisor Burchell, Fire Commissioner Waterman, and the Town Board by Nicholas Giacomo under date of August 15th, 1958 tendering his resigna- tion as a Paid Fire Truck Drive, Town of Mamaroneck Fire De- partment, to be effective as of September lst, 1958. The Town Board, acting both as the Town Board and the Board of Fire Commissioners, on motion by Councilman Waterman, seconded by Councilman Kane, unanimously RESOLVED that this Board hereby accepts the resignation of Nicholas Giacomo as a Paid Fire Truck Driver, Town of Mamaroneck Fire De- partment, to be effective as of September lst, 1958, 5. Appointment--Nicholas Giacomo, Police Patrolman The Clerk presented the following memorandum addressed to Supervisor Burchell by Police Chief Yerick under date of August 22nd, 1958; "At a meeting held August 13th, the Board of Police Commissioners appointed Nicholas Giacomo to the position of patrolman in this department, effective September lst. Please sign the TV 30 forms attached and send these papers to the office of the Personnel Director in White Plains. " Whereupon, at the Supervisor's request that the Board adopt a resolution approving this appointment and fixing the annual rate of compensation for said position, upon motion by Councilman Waterman, seconded by Councilman Kane, it was unanimously RESOLVED that this Board hereby approves the 5 probationary appointment of Nicholas Giacomo as Police Patrolman, Town of Mamaroneck Police Department, to be effective as of Sep- tember 1st, 1958, and to be compensated at the rate of $4, 870. 00 per annum. COMMUNICATIONS 1. Retirement--Luke Murtha, School Crossing Guard The Clerk read a letter addressed to the Chief of Police by Luke Murtha under date of August 18th, 1958, tendering his resignation as a School Crossing Guard for health reasons and on motion by Councilman Waterman, seconded by Coun- cilman Kane, it was unanimously RESOLVED that this Board hereby accepts with regret the resignation of Luke Murtha as a School Crossing Guard in the Town of Mamaro- neck, effective as of August 18th, 1958. The Board directed the Supervisor to write Mr. Murtha ex- pressing its regret and thanking him for his service to the Town of Mamaroneck, Z. Retirement--David Lyde, Sanitation Man The Clerk presented the following memorandum addressed to the Supervisor by the Town Accountant, Mr. Finson, under date of August 21st, 1958; "Please be advised that David Lyde, Sanitation Man, has filed the necessary papers for retirement as of September 30th, 1958. Mr. O'Brien requested that I inform you that he rec- ommends that the Town Board appoint Robert Harris presently employed as a Laborer in the Highway De- partment to fill this vacancy as of October 1st, 1958, at a salary of $4, 300. 00 per annum. " Whereupon, on motion by Councilman Santoro, seconded by Councilman Kane, it was unanimously RESOLVED that this Board hereby accepts with regret the resignation of David Lyde as Sanitation Man, Town of Mamaroneck, effective as of September 30th, 1958. And, on motion by Councilman Kane, seconded by Councilman Brush, it was unanimously RESOLVED that, in accordance with the recom- mendation of the Superintendent of Highways, this Board hereby appoints Robert Harris as Sanitation Man, Town of Mamaroneck, to fill the C, VH vacancy created by the retirement of David Lyde, effective as of October 1st, 1958, and to be com- pensated at the rate of $4, 300. 00 per annum. 3. State Traffic Commission--Order, Parking on U.S. 1 The Clerk presented a letter from the State Traffic Commission under date of August 15th enclosing order prohibiting vehicles from standing on the south side of Route U.S. 1 between Rock- ridge Road and Hommocks Road as issued by said Commission in compliance with this Board's request resulting from a com- plaint of this condition received from a Mrs. P. J. Reilly, a resident of Rockridge Road. The Clerk advised the Board that he had notified Mrs. Reilly of the action taken by the Commission and the Board ordered the communication received and filed. 4. Village of Larchmont--Notice of Public Hearing The Clerk presented a notice of public hearing to be held by the Board of Trustees of the Village of Larchinont on Monday, Sep- tember 8, 1958 to consider various applications for sign var- iances, which was received and filed. 5. Complaint of Zoning Violation--Albert Gould The Clerk read the following letter addressed to the Supervisor and Town Council by Albert Gould of 7 Bruce Road, Town, under date of August 22, 1958, "Some time ago, I appeared before your honorable Board in reference to the concrete block wall six feet in height which was placed in the rear of my premises by Mr, and Mrs. Richard Tannous of 1036 Old White Plains Road, Mamaroneck, New York. The wall still remains in an unsightly condition, and I would appreciate your Board taking such ac- tion as will be necessary to remove the wall, as the same violates the Town Zoning Law, and was built without permission." Councilman Santoro reported again on his conference with Mrs. Tannous last year and informed the Board that as of this Spring the property had not been filled-in in spite of Mrs. Tannous's assurances at the time of said conference. The Building Inspector, Mr. Friedlander, reported that he in- spected this property on the morning of September 3rd and that upon finding that no filling had been done, directed the following letter to Mr. Tannous as of that date; "Last October, Mr, Santoro, Councilman Town of Mamaroneck, and myself called on Mrs. Tannous with reference to a cement block wall which you had erected at the rear of your property. At that time we informed you, that your wall was too high, since a solid wall or fence cannot be more than four feet high as called for in the Town Ordinance, unless by special permission of the Town Board, In your letter, dated October 11, 1957, you wrote the Town Board that you had not completed filling and grading this lot. Upon inspection today, I find that your propertyhas not been filled sufficiently so that the wall as itnow stands is more than four feet above the ground. This is a violation of the Town Ordinance. You are here- by directed to lower the wall so that it will not be more than four feet high." The Board ordered these communications received and filed and directed the Building Inspector to follow-up on this mat- ter and to report thereon to this Board. 6. Request for Curb Repair--Otto Lenz The Clerk read a letter addressed to the Town Council under date of August Nth by Otto Lenz of 205 Murray Avenue, call- ing attention to the poor condition of the curb in front of 205 and 207 Murray Avenue and suggesting that the necessary re- pair be made at the time of the Murray Avenue Sewer con- struction thus saving expense to the community and annoy- ante to those concerned. The Board, after discussion, referred the matter to the Superintendent of Highways to be taken up with the County De- partment of Public Works since Murray Avenue is a County highway and directed the Supervisor to write Mr. Lenz noti- fying him to this effect. 7. Authorization of Police Chief's Attendance of Conference-- Board of Police Commissioners The Clerk presented a communication from the Board of Po- lice Commissioners, dated August 22, 1958, requesting au- thorization for the Police Chief to attend the annual meeting of the International Association of Chiefs of Police in Miami and upon motion by Councilman Waterman, seconded by Councilman Kane, it was unanimously RESOLVED that Police Chief, Paul A. Yerick, be and he hereby is authorized, in accordance with the recommendation of the Board of Police Com- missioners, to attend the annual meeting of the International Association of Chiefs of Police in Miami, Florida, October 27 through 31, 1958, with expenses in an amount not to exceed the sum of $275, 00, to be paid from the item in the budget established for such purpose. COMMUNICATIONS NOT ON AGENDA 1. Request for Erection of Fence--Klaas Van Heel The Clerk read a letter from Klaas Van Heel of 1032 Old -- White Plains Road, Town, requesting permission to erect a 6-foot 6-inch closely woven rustic picket fence around a swimming pool Located in the rear part of his property, Mr. Van Heel, who was present, explained to the Board that such a fence would insure safety and provide privacy in the s-wimming pool area, The Board directed the Clerk to follow the usual procedure, putting the matter on the agenda for the next meeting and meanwhile notifying neighboring property owners of the re- quest and allowing time for the members of the Board to personally view the site of the proposed fence. REPORTS The Clerk presented the following reports which were received and placed on file. Report of the Receiver of Taxes and Assessments for the month of August, 1958, Report of the Building Inspector for the month of August, 1958. Report of the Town Clerk for the month of August, 1958, Report of the Westchester Shore Humane Society, Inc, for the month of August, 1958. Report of Receipts & Disbursements, Town of Mamaroneck, for the period from January 1 through July 31, 1958. REPORT OF THE SUPERVISOR (1) Replacement of Water Main The Supervisor requested the Board's authorization of an ap- proval given the Water Works for replacement of a Town main as explained in the letter from the Assistant Superinten- dent of the Water Works under date of August 29th, which was presented, received and filed. Whereupon, the Board commended the Supervisor on taking im- mediate action in this instance, and on motion by Councilman Santoro, seconded by Councilman Kane, unanimously RESOLVED that the Westchester Joint Water Works No. 1 be and it hereby is authorizedto replace with 1-1/2" copper line small cor- roded lead pipes on Edgewood Avenue justpast the intersection of Judson Street, at a cost not to exceed the sum of $300, 00. REPORTS OF THE COUNCILMEN Councilman Brush-- (1) Bus Line in Unincorporated Area Councilman Brush requested a review of the discussion on the question of the operation of a. franchise bus line in the unincorporated area which took place in his absence at the August 6th meeting. The Supervisor reviewed the matter briefly and suggested to Councilman Brush that he confer with the Commuters Club and then, if desirable, reopen the subject before the Board explaining that the matter had been left open for further discussion and consideration at a future date. Councilman Kane-- (1) Apportionments Councilman Kane presented the following petitions received from the Assessor for the correction of the assessment roll -- so as to permit the apportionment of taxes, and on motionby him, seconded by Councilman Santoro, the following motion was unanimously adopted. WHEREAS, the Assessor has presented petitions for the correction of the assessment roll for certain years, pur- suant to the provisions of Section 557, Article 16 of the Westchester County Administrative Code, known as the Westchester County Tax Law; and WHEREAS, after due consideration, this Board finds it desirable to grant said petitions for the correction of said assessment roll. NOW, THEREFORE, BE IT RESOLVED that the assessment roll of 1957, School taxes of 1958, and the assessment roll of 1958, taxes of 1959, which show property now appearing on the roll as follows. Block Parcel Name Land only —" 101 1 & 17 W & L Constr Corp $ 500. be corrected as follows in accordance with the provisions of subdivision 5 of Section 557. Block Parcel Name Land only 101 1 Milton R. Stohl & W $ 50, 101 5 & 17 W & L Constr Corp 450, FURTHER RESOLVED that the assessment roll of 1957, School taxes of 1958, and the assessment roll of 1958, taxes of 1959, which show property appearing now on the roll as follows: 1957 - 1958 Block Parcel Name Land Imp Total 204 292 Briar Del Homes Inc $ 4, 000 $ 5, 000 $ 9, 000 1958 - 1959 Block Parcel Name Land Imp Total 204 292 Briar Del Homes Inc 4, 000 48, 500 52, 500 be corrected as follows in accordance with the provisions of subdivision 5 of Section 557: 1957 - 1958 Block Parcel Name Land Imp Total 204 292 Briar Del Homes Inc 2, 000 2, 500 4, 500 204 300 William D. Byrne & W 2, 000 2, 500 4, 500 1958 - 1959 Block Parcel Name Land Imp Total 204 292 Briar Del Homes Inc 2, 000 23, 800 25, 800 204 300 William D. Byrne 2, 000 24, 700 26, 700 FURTHER RESOLVED that the assessment roll of 1957, School Taxes of 1958, and the assessment roll of 1958, taxes of 1959, which show property now appearing onthe roll as follows: Block Parcel Name Land Imp Total 407 315 Joseph Crai 1, 700 9, 500 11, 200 be corrected as follows in accordance with the provisions of subdivision 5 of Section 557: Block Parcel Name Land Imp Total 407 315 August Boscaglia & W 500 500 407 318 Joseph Crai 1, 200 9, 500 10, 700 Ull � (2) Proposed Revised Zoning Ordinance Councilman Kane presented copies of the Proposed Revised Zoning Ordinance to each of the Board members and the Clerk and commended the Chairman of the Planning Board, Mr. Maggini who was present, on the fine job the Planning Board had done in connection with this revision, remarking at some length on the length of time and amount of effort the Board had devoted to this project over the past two years, Councilman Kane also suggested that in addition to each of the Board member's individual study of this report, an in- formal meeting be held by this Board with the Planning Board prior to the date set for the public hearing on these proposed revisions, Councilman Waterman-- Councilman Waterman stated that he had no report at this time, Councilman Santoro-- (1) Request for Authorization for Superintendent of Recreation to Attend National Convention Councilman Santoro requested the Board to authorize the at- tendance of the Superintendent of Recreation at the National Recreation Convention to be held in Atlantic City, Septem- ber 22 through 26, 1958, in accordance with the recommen- dation of the Recreation Commission, and on his motion, seconded by Councilman Kane, it was unanimously RESOLVED that the Superintendent of Recrea- tion, James W. Kronenberger, be and he here- by is authorized to attend the annual convention of the National Recreation Association to be held in Atlantic City, New Jersey, September 22 through 26, 1958, with expenses in an amount not to exceed the sum of $100, 00, to be paid from the item in the budget established for such pur- pose, (2) Thruway construction--Weaver Street Bridge Councilman Santoro reported that construction work on the Thru- way was progressing rapidly in the Weaver Street area. and that the schools had opened with apparently satisfactory handling of the traffic problems involved. He added that the opening date for the Thruway was still set for October 18th. REPORT OF THE TOWN ATTORNEY Cl) Sale of property--Between 707 and 711 Forest Avenue The Town Attorney submitted the following resolution author- ' izing the sale subject to permissive referendum of the Town- owned property located between #707 and #711 Forest Avenue to Dominick Loiaconi and Blaise Fatone, as prepared by him in accordance with the Board's direction at its last meeting, which, on motion by Councilman Santoro and seconded by Councilman Waterman, was unanimously adopted: RESOLUTION ADOPTED BY THE TOWN BOARD SUBJECT TO PERMISSIVE REFERENDUM FOR SALE OF PREMISES ON FOREST AVENUE, KNOWN AS BLOCK 220, PARCEL 443 ON THE TAX ASSESSMENT MAP OF THE TOWN OF MA- MARONECK, AND ALSO KNOWN AS LOTS 41 AND 42 ON "REVISED MAP OF COLONIALPARK" MADE BY WALTER G. CRAIG, C. E.. , FEBRU- ARY 19Z5 AND FILED IN THE REGISTER°S OF- FICE (NOW COUNTY CLERK'S OFFICE DIVISION OF LAND RECORDS) AUGUST 31, 1925 as MAP NO. 2879. RESOLVED, that pursuant to Section 64, Subdivision 2 of the Town Law, the sale of premises known as Block 220, Parcel 443 on the Tax Assessment Map of the Town of Ma- maroneck and also known as Lots 41 and 4Z on "Revised Map of Colonial Park" made by Walter G. Craig, C. E. , February 1925 and filed in the Register's Office (Now County Clerk's Office, Division of Land Records,. West- chester County) August 31, 1925 as Map No. 2879, is hereby authorized, such sale to be for the sum of Seven Hundred and Fifty Dollars ($750. 00) to Dominick Loiaconi and Blaise Fatone, who have offered to purchase the same for said amount provided however that such sale be sub- ject to: (a) An easement granted to the Town of Mamar- oneck and assigned by the Town of Mamaro- neck to the County of Westchester for sewer purposes through said premises, whichease- ment is bounded and described as follows: BEGINNING at a point in the southerly line of Forest Avenue where the same is inter- sected by the easterly line of Lot 42 as shown on a map entitled: "Revised Map of Colonial Park" made by Walter G. Craig, C. E. , Feb- ruary 1925 and filed in the Register's Office (now County Clerk's Office, Division of Land Records) August 31, 19Z5 as Map No. 28.79; and running thence the following courses and distances; southerly along the easterly lineof Lot 42 S 40° 49' 45'r E. 109. 99 feet to a point in the northerly line of an unnumbered lot lying between lots 42 and 43 Block 433 Map of Larchmont Gardens; thence westerly along the northerly boundary of said unnumbered Lot S 45° 13' 32" W. 10. 12 feet; thence nor- therly through lot 4Z N. 40 491 45" W. 111. 56 feet to a point in the southerly line of Forest Avenue; thence easterly along said line of L �s Forest Avenue N. 49° 10' 15" E. 10 feet to the point or place of beginning. (b) An easement running from the house on the prem- ises known as Block 220, Parcel 448 on the Tax Assessment Map of the Town of Mamaroneck and also known as Lots 38, 39 and 40 on "Revised Map of Colonial Park" made by Walter G. Craig, C.E. , February 1925 and filed in the Register's Office (now County Clerk's Office, Division of Land Rec- ords) August 31, 1925 as Map No. 2879, and run- ning through the premises the sale of which is hereby authorized, to the trunk sewer maintained by the County of Westchester within the lines of the easement described in Paragraph (a) above. FURTHER RESOLVED that this resolution is subject to a permissive referendum, The Board directed the Town Clerk to publish and post the fore- going resolution in accordance with the provisions of the Town Law. (2) Request for Issuance of Duplicate Tax Lien The Town Attorney stated that he had received a letter from The Atlantic Municipal Corporation requesting i;sesuance of a duplicate tax lien for the lien which was sold to said Corporation on May 23, 1951, covering premises known as Block 829, Par- cel 115 on the Tax Assessment Map of the Town of Mamaroneck, in the amount of $108.71 at 1216 interest, The letter enclosed a petition stating that the original lien was sold to The Atlantic Municipal Corporation on May 23, 1951 and that diligent search has been made for the certificate which cannot be found as it has been either lost, misplaced or des- troyed. Also enclosed is an indemnity agreement, signed by The Atlantic Municipal Corporation, holding the Town harmless from all damage which it may sustain from the production of the orig- inal lien or any assignment thereof. This application is stated to be the one which is authorized by Section 582 of the Westchester County Administrative Code, Chapter 852 of the Laws of 1948. The Attorney therefore requested the Board to authorize the issuance of a duplicate tax lien and upon motion by Councilman Kane, seconded by Councilman Brush, it was unanimously RESOLVED that a duplicate lien, covering premises known as Block 829 - Parcel 115 on the Tax Assessment Map of the Town of Mamaroneck, sold to The Atlantic Munici- pal Corporation on May 23, 1951 in the amount of $108, 71, may be issued to The Atlantic Municipal Corporation pursuantto the provisions of the Westchester County Administrative Code, Chapter 852 of the Laws of 1948, Section 582, in order that this duplicate lien may be surrendered to the Receiver of Taxes together with sat- isfaction so that the same may be can- celled of record, (3) Decision--Soundview Woods, Inc, v, Town of Mamaroneck - and Westchester Joint Water Works No. 1. The Attorney reported that he had been notified by phone this afternoon that the decision had been handed down by Judge Samuel W. Eager in the case of Soundview Woods, Inc, v, Town of Mamaroneck and Westchester Joint Wa- ter Works No. 1 and stated that the decision dismissed the complaint against the Town holding the Water Works responsible but not passing on the rights between the Town and the Water Works, The Attorney advised that a copy of the decision wouldbe forwarded to each member of the Board immediately up- on publication. ADJOURNMENT There being no further business to come before the meeting, it was declared adjourned at 9%25 p,m. , to reconvene on Septem- ber 17th, 1958. BOARD OF FIRE COMMISSIONERS The meeting of the Board of Fire Commissioners was convened immediately upon the adjournment of the Town Board meeting. COMMUNICATIONS (1) Appointment of Fire Truck Driver Commissioner Waterman presented a letter with medical ex- amination certification enclosed from Fire Chief Deshensky under date of September 3, 1958, stating that the Fire Coun- cil recommended the appointment of Joseph A. Garofalo, vo- lunteer fireman, for the position of Fire Truck Driver and requesting approval of such appointment, Whereupon, on his motion, seconded by Commissioner Kane, it was unanimously RESOLVED that, in accordance with the rec- ommendation of the Fire Council, Joseph A. Garofalo of 61 Murray Avenue, Town of Mamaroneck, New York, be and he 71, R, hereby is appointed as a Fire Truck Driver, Town of Mamaroneck Fire Department, ef- fective as of September 4, 1958, and to be compensated at the rate of $4, 480. per annum. REPORTS Commissioner Waterman presented the Fire Report for August, 1958, which was received and placed on file. CLAIMS Commissioner Waterman presented the following claims of the Fire Department which had been audited by the Comptroller and approved by the Fire Chief, and on his motion, seconded by Com- missioner Brush, it was unanimously RESOLVED that the following claims be and they hereby are approved and the Supervisor and Comptroller be and they hereby are authorized to pay the same out of the budget for the Fire Department. American LaFrance Corporation $ 6, 054. 6o Atlantic Service Center 45. 90 Castro Convertibles 69. 50 Chatsworth Oil & Heating Go. , Inc, 48. 30 Con Edison--West. 50. 28 Grant's Greenhouses 40. 00 Kenny Floor Covering Co. ,Inc. 140. 80 McGuire Bros, Inc. 5. 00 William Perciasepe 179. 95 William E. Rickert, Locksmith 3. 50 Socony Mobil Oil Go. , Inc. 68. 95 Wesco Fire Equipment and Service 8. 08 New York Telephone Company 72.40 The Pelham Stationers 1. 89 Hydrant Rental; Village of Scarsdale 748. 00 Total------- $ 7, 537. 15 ADJOURNMENT There being no further business to come before the meeting, it was declared adjourned at 9=35 p.m. , to reconvene on Septem- ber 17, 1958. 9 / � To Clete