Loading...
HomeMy WebLinkAbout1956_10_17 Town Board Minutes MINUTES OF A REGULAR. MEETING OF THE TOWN BOARD OF THE TOWN OF MAMARONECK, HELD OCTOBER 17, 1956, IN THE AUDITORIUM OF THE WEAVER STREET FIREHOUSE, WEA- VER STREET, TOWN OF MAMARONECK. CALL TO ORDER The Supervisor called the meeting to order at 8:15 p.m. PRESENT: Supervisor Burchell Councilman Waterman Councilman Kane Councilman Brush 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 APPROVAL OF MINUTES The minutes of September 19, 1956, were approved as presented, PUBLIC HEARING PRINCE WILLOWS-EXTENSION OF TOWN OF MAMARONECK SEWER DISTRICT NO. 1 The Clerk presented 'the Affidavits of Publication and Posting of Notice of Public Hearing; said Notice published in the official newspaper of the Town of Mamaroneck, The Daily Times, on October 6, 1956, Posted on October 6, 1956, in eight (8) public places in the Town of Mamaroneck, located within the proposed extension, and filed in the Office of the Town Clerk, The Supervisor declared the Hearing open and after briefly out- lining the background, recognized Mr. Morton Levin of Old White Plains Road, Town, who, as spokesman for the Prince - Willows Association, spoke in favor of the proposed extension of the present sewer district, Mr. Levin emphasized the very real necessity existant for this extension and stressed the importance of timing in this matter. Following Mr. Levin's presentation, the following persons were heard: As residents of the Prince Willows section -- Mrs. Minnie F. Tulcin - 5 Prince Willows Lane Mr. Charles H. Levitt - 7 Stonewall Lane Mr. Levitt spoke several times and presented a resolution to the Board for its consideration. Mr. Harry M. Jacobson - 9 Stonewall Lane Mr. Frank Becker - 11 Stonewall Lane Dr. Stanley R. Drachman - 29 Stonewall Lane Dr. Drachman presented a formal statement, which was received and filed with the Town Clerk. Mr. Maurice Stahl - 30 Stonewall Lane As representatives of the Civic Associations -- Mr. Richard Fisk of 10 Oxford Road, Town, speaking for the Larchmont Ridge Association. Mr. Lee H. Bloom of 22 Myrtle Boulevard, Town, speaking for the Larchmont Gardens Civic Association. Mr. Arthur G. Bogardus of 17 Overlook Terrace, Town, speaking for the Larchmont Hills. Association. Mr. Lionel P. Marks of 60 Howell Avenue, Town, speaking for the Howell Park Association. Mr. Edmund B. Van Hook of 198 Weaver Street, Town, speaking for the Council of Civic Associations. As individuals -- Mr. Theodore E. Tuck - 76 Garden Road West, Town Mr, Ralph C. Kline - 99 Garden Road West, Town Mr. George Schuler - 70 Garden Road West, Town Dr. Daniel S. Lukas - 152 Valley Stream Road, Town Mr. Peter Shuebruk - 52 East Brookside Drive, Town Mr. Maurice Austin - 7 Split Tree Road, Scarsdale Mr. George B. Butcher - Split Tree Road, Scarsdale During the discussion, at the request of the Supervisor, the Town Attorney outlined the present Sewer District No, 1 of the Town of Mamaroneck as follows; 1922 - Construction of the first section which ran from the Larchmont Station northward along Murray Avenue and in the area surrounding the Firehouse in general, 1932 - 1938 - During this period, seven or eight extensions were added. In these areas, the houses had been built with cess pools prior to the extensions. In each case, bond is- sues were floated to cover the costs and the houses made individual connections to the trunk line at the expense of the individual property owner, 1934 - The County took over the trunk line, 1938 The last extension was added. This was not paid for by the developer as the work was done as a W.P. A, project, Since this time, extensions have been paid for by the developers but there have been no extensions necessary since 1938. The present situation might be described as a sort of hybrid thing. The Prince Willows area was developed by Kadel- Fischer, who also supplied septic tanks, The County takes the position that this area cannot support any additional sep- tic tanks due to the character of the soil. In the course of this discussion, a question was raised as to the correct terminology to be used in describing the proposed Prince Willows extension that is, whether it is to be des- cribed as a trunk line or a lateral, The Town.Engineer, Mr. Friedlander, advised that this extension is a trunk line with several lateral lines, Councilman Waterman asked whether the estimated increase of 29� per thousand dollars of assessed valuation would apply to the entire present sewer district, and also inquired as to what the increase would be were a new sewer district to be created in this area with the entire cost borne by the area as had been sug- gested during the discussion, Mr. Finson, the Town Accountant, advised that the estimated increase of 29¢ per thousand dollars of assessed valuation would — apply to the present entire sewer district with the exception of the Prince Willows area,where no sewer exists, and where the cost would be approximately $3.29 per thousand if the present sewer district were extended. Mr. Finson further stated that were a new district to be created, the cost to the area concerned would be approximately $12.00 per thousand dollars of assessed valuation, a somewhat prohibi- tive figure. d For example, on an assessment of $20, 000, 00, the increase would be as follows. If the present sewer district is extended. -- Increase in present sewer district - approximately $5. 80 per year Increase in Prince Willows area If a new sewer district is created: -- - approximately $65,80 per year Increase in present sewer district - nothing Increase in Prince Willows area - approximately $240,00 per year The question was raised as to whether the proposed extension would cast an additional burden on existing sewers, particu- larly Larchmont Gardens, and it was explained that the new ex- tension would be served by an entirely new trunk not in any way connected with the existing sewers and that it would drain into the County trunk sewer in Mamaroneck Avenue. Mr. Van Hook, President of the Larchmont Council of Civic As- sociations, expressed the opposition of the Associations due to their reluctance to add further to the tax burden in view of the additional costs for schools, water, and other items. The rep- resentatives of the various Associations present endorsed the statements of Mr. Van Hook, and agreed that the feeling of these groups was that the area under discussion should be a separate sewer district assuming the entire cost. A written statement of the position taken by the Larchmont Hills Civic Association, dated October 11, 1956, was presented and filed with the Town Clerk. The Supervisor requested that the representatives of the other Associations file such statements with the Board. The Supervisor inquired whether anyone else wished to be heard, and as no one did, on motion by Councilman Santoro, seconded by Councilman Waterman, it was unanimously RESOLVED that the Hearing be declared closed. Decision on this matter was reserved pending further study by the Board. OLD BUSINESS RE PROPOSED ACCEPTANCE OF ORMAND ROAD At the request of the Supervisor, the Town Attorney pre- sented a brief resume of this matter. The attorneys for the parties concerned, Mr. Roger H. Harper, representing Dr. Arnold S. Breakey, and Mr. Jerome N. Wanshel, representing Mrs. Bette W. Schapiro and Dot-Mort Holding Corporation, discussed this matter with the members of the Town Council at some length and submitted the following exhibits which were received and filed with the Town Clerk. Submitted by Mr. Harper. -- - (1) Affidavit from Therese Richard, verified August 15, 1956, (2) Affidavit from C. W. Moody, verified October 2, 1956. Submitted by Mr. Wanshel. -- (1) Certified copy of deed from executors of Richard Nathan to Bette W. Schapiro. (2) Photostatic copy of tax receipts showing payment of taxes on Block 203 Parcel 500, being the street known as Ormand Road. (3) Copy of Assessment Map Block 203. (4) Photostatic copy of letter from Receiver of Taxes to Jerome Wanshel with photo- static copies of Assessment Roll for 1953, 1954, and 1955, showing assess- ment on Block 203 - Parcel 500, (5) Photostatic copy of Assessor's Field Book. (6) Twenty-four (24) photographs of Ormand Road. Following some further discussion, the Supervisor stated that he felt the Board should obtain legal opinion from Town Attorney Delius before taking any action on this matter. Dr. Breakey, explaining that he wished to build a house for his own occupancy on the property concerned, re- quested that a decision be given at the next meeting of the Board, pointing out that this matter had now been be- fore the Board for some time. _ NEW BUSINESS RE EXTENSION OF SEWER DISTRICT--PRYER MANOR ROAD The Town Attorney presented an application for the exten- sion of Sewer District No. 1 to include property on Pryer t i 55 Manor Road known as Block 506 - Parcels 6, 16, and 26 on the Assessment Map of the Town of Mamaroneck, and recommended that a Public Hearing be held at the next meeting of the Town Board on November 14, 1956, On motion by Councilman Kane, seconded by Councilman Brush, upon roll call, the following resolution was unani- mously adopted. Section 1, The following order is hereby adopted and ap- proved and, when signed by the members of this Board present at this meeting, the same shall con- stitute an order by this Board. ORDER CALLING A HEARING ON NOVEMBER 14th, 1956 IN THE MATTER OF THE ESTENSION OF Sewer District No, 1 of the Town of Mamar- oneck, County of Westchester, State of New York ###################################################### WHEREAS, a petition purporting to be signed by the requisite number of property owners as required by Section 191 of the Town Law, petitioning the Town Board of the Town of Mamaroneck to create an extension designated as Sec- tion "O" to Sewer District No, I of the Town of Mamaroneck, and to construct a sewer system therein, said petition des- cribing the boundaries of the proposed extension and stating the maximum amount to be expended for proposed sewer sys- tern to be constructed in said extension, together with a map and plan prepared by H. G. Johnston, Professional Engineer, New Rochelle, New York, entitled, "Plan and Profile of Proposed Addition to Sewer District No, 1 to be known as Section "O", Town of Mamaroneck, Westchester County, N. Y,", dated February 13, 1956, showing the boundaries of the proposed extension, a general plan of the proposed sewers to be constructed therein, including all outlets and the ter- minus, course, and the profiles of each proposed sewer or drain and showing the manner in which said sewer system will connect with and drain into the trunk sewers of the Westchester County Sanitary Sewer Commission (New Rochelle Sewer District) has been filed in the Office of the Town Clerk of the Town of Mamaroneck on the - 17th day of October, 1956; and WHEREAS, the boundaries of said proposed exten- sion of Sewer District No, I of the Town of Mamaroneck are as follows: ALL, that lot or parcel of land situate in the Town of Mamaroneck, County of Westchester, State of New York, known and designated as parts of Lots 28 and 29 as shown on "Map of Pryer Manor in the City of New Rochelle and the Town of Mamaroneck, Westches- ter County, N. Y,", made by William A. Smith, Surveyor, April 5, 1924, and filed in the County Clerk's Office, Division of Land Records as Map No, 2852, and also shown on the Town of Mamaroneck Assessment Map as Section 5, Block 506, Parcels 6., 16, and 26, said piece or parcel of land being more particularly bounded and described as follows: BEGINNING at a point on the southerly side of Pryer Manor Road where the same is intersected by the boundary line between Lots 29 and 30 as shown on the above mentioned map; thence running southerly along said boundary line 44 feet more or less to a point on the boundary line between the City of New Rochelle and the Town of Mamaro- neck; thence running westerly along said boundary line 350 feet more or less to a point on the easterly side of Dogwood Lane; thence running northerly along the easterly side of Dogwood Lane 159 feet more or less to a point on the southerly side of Pryer Manor Road; thence running easterly along the southerly side of Pryer Manor Road 328 feet more or less to the point or place of beginning. WHEREAS, said proposed extension is situated in the Town of Mamaroneck wholly outside of any incorporated village; and WHEREAS, the estimated amount to be expended in constructing and completing the improvements proposed is $1, 000, 00 to be borne exclusively by the petitioners, Bernard Kaplan and Arlene L. Kaplan; IT IS ORDERED AS FOLLOWS- At a meeting of the Town Board to be held on the 14th day of November, 1956, at 8-15 p.m. in the Council Room of the Weaver Street Fire House, corner of Edgewood Ave- nue and Weaver Street, Town of Mamaroneck, the Town Board of the Town of Mamaroneck will meet to consider the said petition for the extension of Sewer District No, 1 of the Town of Mamaroneck, lying in the said Town of Ma- maroneck outside of incorporated Villages of Larchmont and Mamaroneck, and to hear all persons interested in the subject thereof, concerning the same, TOWN BOARD OF THE TOWN OF MAMARONECK by George D. Burchell Supervisor Jeremiah C. Waterman Peter F. Kane, Jr, C. Benjamin Brush, Jr, B. J. Santoro Councilmen Section Z. A copy of such Order together with a Certificate by the Town Clerk showing the date of the adoption of the same, shall be published once, i.e. on the 26th day of October, 1956, which is not less than ten (10) nor more than twenty (20) days before the date set therein for the Hearing, in the Daily Times, the official news. paper of the Town of Mamaroneck, and shall be posted in five (5) public places within the proposed extension to Sewer District No. 1, and also on the Bulletin Board at the Town Clerk's Office, 158 West Boston Post Road, in the Village of Mamaroneck, not less than ten (10) nor more than twenty (20) days before the date of said Hearing.' Section 3. This resolution shall take effect immediately. �4 RE WATER LINE--FENIMORE ROAD Mr. Charles A. Newbergh appeared before the Board and presented estimates furnished to him by Mr. George H. Straub, Superintendent of the Westchester Joint Water Works No. 1, for the extension of the water line for a dis- tance of approximately 440 feet to his property on Fenimore Road and reported that he had been advised by Mr. Straub that water would be furnished to his premises. Mr. Newbergh referred to an Agreement, dated November 29, 1929, between Caroline L. Bill and the Westchester Joint Water Works No. 1, which, in general, granted to the Westchester Joint Water Works No. 1 an easement for a water line through the Bill property, now owned by Mr. Newbergh or his development, 5oundview Woods, Inc., in return for which the Westchester Joint Water Works No. 1 agreed to lay 1800 feet of 6-inch water main in this prop- erty within six months after notice or demand from the owner and provided that the water pipe be laid in a portion of the property to be designated as a street. Mr. New- bergh suggested that since the Town was obligated to fur- nish this 6-inch water main, the cost of the Fenimore Road estimate might be charged against this contractural obliga- tion. Mr. Newbergh also submitted estimates from Mr. Straub for such work and stated that Mr. Straub had ap- proved this procedure. The Supervisor explained that Mr. Straub was out of Town, and that while he had a copy of the Agreement between the Westchester Joint Water Works No. 1, which is an agent of the municipality, and Caroline L. Bill, to date he had not been able to locate any resolution on the part of the Town. Therefore, he advised that the application for the extension of the water line to Mr. Newbergh's property should be treated as a separate application and not be in any way tied up with the Agreement referred to above. He requested Mr. Newbergh to submit such an application to the Board for consideration at the next meeting. Mr. Roger H. Harper, attorney, representing Mr. A. F. Beringer of Fenimore Road, requested permission to ad- dress the Board in connection with this matter for his client who asked that this extension of the water line be continued for a distance of approximately 230 feet in addi- tion to that requested by Mr. Newbergh so as to reach his property. The Supervisor requested that Mr. Harper submit such an application to the Board for consideration at the next meeting. REPORTS The Clerk presented the following reports which were received and filed. Affidavit of Publication of Registration Notice in the official newspaper of the Town of Mamaroneck, The Daily Times, on September 29 and October 6, 1956. Report of the Westchester Shore Humane Society for the month of September, 1956, REPORT OF THE SUPERVISOR Rea Interest on Certificates The Supervisor reported to the members of the Board that the Certificates of Deposit in the amount of $450, 000 had matured on October 10, 1956, and that the Town had_re- ceived the sum of $3, 760, 51 as interest on these Certifi- cates. REPORTS OF THE COUNCILMEN Councilman Brush -- Re: Civil Defense Councilman Brush reported that the Civil Defense Deputy Director, Mr. Edward S. Hartley, was doing a splendid job and that our department was represented with both men and equipment at Crown Point Park, Councilman Brush also submitted for payment the claim of the Director for expenses in the amount of $119. 95 covering the period from April 1 to October 1, 1956. On motion by Councilman Brush, seconded by Councilman Waterman, it was unanimously RESOLVED that the claim of the Deputy Director of Civil Defense, Edward S. Hartley, for car, gas, and miscellaneous expenses from April 1, 1956, to October 1, 1956, in the amount of $119. 95, be ap- proved; payment to be made from the item in the Budget for such purposes. Councilman Kane -- Re; Rezoning of area around commuter parking lots Councilman Kane reported that he had received a call from Mr, George Forbes as attorney, requesting that action be taken on the petition presented to the Board with reference to the request for rezoning of property in the area of the new commuter parking lots. The Board directed that this matter be referred to the Planning Board for study and consideration. Councilman Waterman -- No report Councilman Santoro -- Re: Senate Place Councilman Santoro reported on the following problem: Two houses have been constructed which front on or have access to a portion of Senate Place, This street, shown on a filed map, has been improved with paving and sewers for the greater part of its length but an area at the easterly end, approximately ninety (90) feet in length, has never been improved. He stated that he believed the improved part of Senate Place must be considered as a public street because of this improvement and its use, but that the unimproved portion could not be considered as Town property, The structure of these two houses has caused com- plaints to be made by some of the residents: on this street, principally having to do with the parking of vehicles which has been caused by this construction and the residents generally seem to object to this area being used by these residents of the two houses as driveways or means of entrance and egress from their properties, and seem to foresee parking problems and otherwise a change in this dead-end of Senate Place which formerly had trees and vegetation on it, Councilman Santoro stated, however, that he be- lieved if the Town were to take over this unimproved portion of the street, which some had suggested, many complications would be caused with plowing of snow, drainage, etc„ and suggested that the Supervisor write a_letter to the persons from whom these complaints originated explaining the situation and stating that the Town could not assume responsibility for this area which is not a public street nor could it interfere with the use of said area as a means of access to these two houses which have been constructed, REPORT OF THE TOWN ATTORNEY No report ADJOURNMENT There being no further business to come before the meeting, it was adjourned at 10:45 p.m. , to reconvene on November 14, 1956, MEETING--BOARD OF FIRE COMMISSIONERS Y 57 The meeting of the Board of Fire Commissioners was convened immediately upon the adjournment of the Town Board meeting. CLAIMS Councilman.Waterman presented the following Fire Department claims, which had been audited by Mr. Orsino, Comptroller, and approved by the Fire Chief. On motion by Councilman Waterman, seconded by Councilman Kane, 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: Atlantic Service Center $ 27.40 R. G. Brewer, Inc. 12. 70 Consolidated Edison Co, of N.Y. , Inc. Westchester 39.09 Charles Deshensky, Deputy Chief 75. 00 Leonard Johnson, Deputy Chief 25. 00 Reginald Jubb Garage 90. 52 Kramers Auto Top 35. 00 McGuire Bros. Inc. 10. 00 G. W. Merrell, Inc. 10.46 New York Telephone Company 73. 60 The Seagrave Corporation 95.00 Wesco Fire Equipment and Service 34.25 $ 528.02 Hydrant Rental: Westchester Joint Water Works No. 1 2, 420. 00 The New Rochelle Water Company 56. 25 Grand Total $3, 004.27 REPORTS Councilman Waterman presented the following report which was received and filed: Fire Report for the month of September, 1956. ADJOURNMENT There being no further business to come before the meeting, it was adjourned at 10:50 p.m. , to reconvene November 14, 1956.