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HomeMy WebLinkAbout1956_12_19 Town Board Minutes MINUTES OF A REGULAR MEETING OF THE TOWN BOARD OF THE TOWN OF MAMARONECK, HELD DECEMBER 19, 1956, 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 Waterman Councilman Kane Councilman Brush Councilman Santoro ABSENT: None ALSO PRESENT: Mr. Gronberg - Town Clerk Mr. Delius - Town Attorney Mr. Friedlander - Town Engineer Mr. O'Brien - Superintendent of Highways Mr. Orsino - Comptroller APPROVAL OF MINUTES - The minutes of December 5, 1956, were approved as presented. OLD BUSINESS REPORT--SUPERINTENDENT OF HIGHWAYS AND POLICE CHIEF RE: ADDITIONAL STREET LIGHT ON LAUREL AVENUE The Clerk presented a report from the Superintendent of Highways recommending the installation of a new street light at the dead end of Laurel Avenue at a quoted price of $76. 54 complete for installation and material. This report was dated December 18, 1956, presented in ans- wer to a request made by Mrs. Frank Polera for such a light at the last meeting of the Board, and filed with the Town Clerk. On motion by Councilman Kane, seconded by Councilman Waterman, it was unanimously RESOLVED that the Superintendent of Highways be and he hereby is authorized to have a new street light installed at the dead end of Laurel Avenue at the approximate cost of $76. 54 for labor and ma- terial in accordance with the estimate submitted and filed in the Office of the Town Clerk. NEW BUSINESS COMMUNICATION--MR. REUBEN SIR.LIN, ATTORNEY Re: Application of Albert Gould for Building Permit (Block 346 - Parcels 325, 339) Mr. Reuben Sirlin, attorney, addressed the Board in behalf of his client, Mr. Albert Gould, stating that Mr. Gould had con- structed four homes on Bruce Road and now wished to build another at the end of the street, and that upon applying for a Building Permit, Mr. Gould had been advised by the Building Inspector that such permit could not be issued as no paved road existed in front of this property. Mr. Sirlin further ad- vised the Board that Mr. Gould intended to construct a paved road in front of these premises as soon as weather permitted and that he was willing to make whatever arrangements were necessary for the issuance of this permit. The Town Attorney and Engineer recommended that Mr. Gould furnish to the Town as assurance of such road construction, a bond in the amount of $2, 500. They also advised, however, that although the Building Permit could then be issued, the Town could not issue a Certificate of Occupancy until such time as the road in front of the premises was completed. Mr. Sirlin stated that this was satisfactory to his client, and upon motion by Councilman Santoro, seconded by Councilman Kane, upon roll call, it was unanimously RESOLVED that the Building Inspector be and he hereby is authorized to issue a Building Permit to Mr. Albert Gould for the erection of a house on property at the end of Bruce Road provided Mr. Gould file with the Town of Mamaroneck a bond in the amount of $2, 500 conditioned upon the construction of a road in front of the premises on which he intends to erect a house known as Lots 2 and 3 shown on a certain map entitled "Map of Winged Foot Knolls" filed September 13, 1954, in the Office of the County Clerk of Westchester County, Division of Land Records, as Map #9343, said bond to provide for the installation of pavement, gutters, and drains in a portion of the street known as Bruce Road, as shown on said map extending 260 feet south from the boundary line between Lots 1 and 2, and such installation to be in accordance with the Planning Board specifications and requirements when completed by July 1, 1957. FURTHER RESOLVED that this resolution and the bond provided for therein shall in no way be considered an acceptance of this portion or any other portion of the street known as Bruce Road by the Town of Mamaroneck as a public street. FORDHAM TRANSIT BUS FRANCHISE The Town Attorney reported that he had written the Fordham Transit Company under date of December 5, 1956, advising that the Town had received from the American Fidelity and Casualty Company, Inc. a Notice of Cancellation of the liability insurance 6 72 carried by them in connection with the operation of buses in the Town of Mamaroneck to be effective as of 12001 p.m. on December 21, 1956, unless the premium was paid prior to that date. The Attorney also stated that the consent for the operation of buses granted to this company by resolution of this Board on January 21, 1948, contained the provision under Section 11 that in case of any violation or breach or failure to comply with any of the provisions, conditions, or limitations therein contained, the consent could be duly cancelled or revoked providing notice had been given to the said company to appear and he further advised that while representatives of the com- pany had notified him by telephone that they would furnish proof of this reinstatement before midnight of December 21st, under the circumstances, he recommended the adoption of a resolution cancelling the franchise unless such proof were submitted to the Town prior to this date. On motion by Councilman Brush, secondedby Councilman Kane, the Board unanimously RESOLVED that the franchise granted to the Fordham Transit Company, Inc. to operate buses along certain streets through the Town of Mamaroneck is hereby cancelled in accordance with the provision contained in Section 11 of the resolution adopted January 21, 1948, unless notice of the reinstatement of the lia- bility insurance carried by the Fordham Transit Com- pany, Inc. with the American Fidelity and Casualty Company, Inc. is received by the Town on or before midnight of December 21, 1956. CANCELLATION OF TOWN AND SCHOOL TAXES ON PROPERTY ACQUIRED BY NEW YORK STATE THRUWAY AUTHORITY PRIOR TO LIEN DATE, 1956 The Clerk presented a communication from Henry R. Dillon, Receiver of Taxes, under date of December 17, 1956, re- questing cancellation of Town and School taxes on properties acquired by the New York State Thruway Authority prior to April 1, 1956, the lien date of the 1956 Town taxes and Sep- tember 1, 1956, the lien date of the 1956 School taxes. On motion by Councilman Santoro, seconded by Councilman Brush, it was unanimously RESOLVED that the following Town taxes which became liens on April 1, 1956, and the following School taxes which became liens on September 1, 1956, upon prem- ises acquired by the New York State Thruway Authority prior to April 1, 1956, and September 1, 1956, be cancelled: Block Parcel Town Water School 132 355 3, 20 132 361 2,80 132 391 2. 66 815 830 10. 80 23. 20 816 368 88.48 817 594 86.43 817 640 48. 62 817 649 81. 03 820 144 7. 56 16. 24 820 177 115. 60 820 199 46.46 820 211 180.42 820 353 69. 14 831 328 124. 24 831 377 43. 22 832 575 17.40 Totals 902. 00 8. 66 56. 84 COMMUNICATION NOT ON AGENDA Re: Application of Mr. Harry Bogart for Erection of Sign The Clerk presented a letter from Mr. Bogart under date of December 18, 1956, requesting permission to erect a tem- porary sign, 6' x_4', on Town owned property next to his business establishment at 19 Madison Avenue, Larchmont, for the reason that his establishment has been obstructed -- from view by a large mound of dirt placed along Maxwell Street by the New York State Thruway contractors. After some discussion, this matter was held over for the next meeting of the Board in order to afford the members of the Council time to personally view the site for the re- quested sign. REPORTS The Clerk submitted the following reports which were received and filed: Report of the Town Clerk for the month of November, 1956. Report of the Supervisor for the period from January 1 to November 30, 1956. REPORT OF THE SUPERVISOR Re: Supreme Court Action Dot Mort Holding Corporation against the Town of Mamaroneck, the Town Board, et al. For the purpose of the record, the Supervisor made the following statement: "We should like at this time to report for the record the fact that the Supervisor and other members of this Board have been served with a summons and complaint challenging this Board's action in the open- ing of Ormand Place as a public street, and attempt- ing to brand as improper all actions of this Board since it went into office. This matter has, of course, been placed in the hands of the Town Attorney for ap- propriate action and the baselessness of these charges will be fully demonstrated in due and proper course of the court action. We are assured by our counsel that this suit is without merit as a matter of fact and law, and that the action of this Board will be upheld by the Court. " And the Supervisor added, as this, the close of his first year drew near at the season of the year when it was traditional to think of "Peace on Earth, Good Will to Men" that he would like to express publicly his sincere gratitude for the sincerity, the consideration, the confidence, and the courtesy he had re- ceived from his fellow-board members during all of the past year; that he would like to thank the people who had attended these meetings for that attendance and for offering their sug- gestions and comments; and that he would like to thank the staff, wherever they might be at this time, the Department Heads and others, for their unfailing and splendid coopera- tion during this, his first year as the Chairman of this Board. REPORTS OF THE COUNCILMEN Councilman Brush -- Re: Insurance Councilman Brush reported that, at the suggestion of the Supervisor and for the information of the Board, he had contacted Mr. Keeler, the Insurance broker for the Town, and had arranged to meet with him sometime after the first of the year to review the entire insurance program of the Town with a view toward the complilation of a sur- vey to be submitted to the Board for study and recom- mendation. Councilman Kane -- Re: Planning Councilman Kane advised that he had no report on the last meeting of the Planning Board as he had not been able to be present at that meeting. 0 Re: Hommocks Councilman Kane stated that he had been approached by several residents of Larchmont regarding the matter of dumping in the Hommocks area and inquired as to the status of this matter with reference to the letter in connection therewith received from Mr. David L. Eggers and presented at the last meeting of this Board. The Supervisor advised that Councilman Santoro and - the Town Engineer to whom this had been referred would report thereupon later in the evening. Councilman Waterman -- Re: New Parking Lots Councilman Waterman inquired as to further developments with the Thruway regarding the new parking lots. The Supervisor advised that Councilman Santoro would report on this mattes. Councilman Santoro -- Re: New Parking Lots Councilman Santoro reported that he along with the Super- visor, the Attorney, the Town Engineer, and the Superin- tendent of Highways had met with Mr. Lang, Chief En- gineer of the New York State Thruway Authority and assis- tant to Mr. Tallamy, Chairman of that Commission, in Albany on last Thursday, December 13th, to confer about the matter of surfacing to be used on these parking lots. He advised that a most pleasant and courteous conference ensued and that Mr. Le Strange of the Thruway Engineering Staff would come to Mamaroneck in the near future to in- spect these areas personally and to consult further with the Engineer and himself. The Supervisor added that Mr. Bozell and Mr. Griffen of the Village of Larchmont had accompanied them to Albany and had also conferred with Thruway officials but mainly with regard to the Larchmont Station, and the Supervisor ob- served that although undoubtedly there would be many prob- lems during the course of this construction which would have to be met as they arose, he felt certain that each problem would be met and successfully resolved through working closely with and cooperating with the New York State Thru- way Authority and with the Village of Larchmont. Re: Close of 1956 Councilman Santoro stated that he, too, at the close of his first year on this Board, would like to publicly state that he had never been more kindly, courteously, and con- siderately treated in his many years of public service on various boards, and that it was his hope that he, in some small way, had contributed to the Town of Mamaroneck. REPORT OF THE TOWN ATTORNEY Re; Acceptance of Ormand Place The Town Attorney presented a letter from K. G. Rauer, Dis- trict Engineer of the New York State Department of Public Works, in connection with the certification under Section 171 of the Highway Law relating to Ormand Place. In this letter, Mr. Rauer requests that there be an addition to the resolution adopted November 14, 1956, so as to include a description of Ormand Place giving courses and total length of said street. The Town Engineer stated that he had prepared such a des- cription which had been approved by the Department of Public Works, and upon motion by Councilman Santoro, seconded by Councilman Waterman, it was unanimously RESOLVED that the resolution heretofore adopted on November 14, 1956, be amended to read as follows; RESOLVED that this Board requests that the Superintendent of Public Works of the State of New York approve the dedication of the street or highway now known as Ormand Place and shown on map known as "Map of Larch- mont Ridge, property of Fenimore Cooper Es- tates, Inc. , Town of Mamaroneck, County of Westchester, State of New York, portion of Section 8, " and filed in the County Clerk's Of- fice, Division of Land Records, formerly Reg- ister's Office, on April 21, 1931, as Map No. 3762, and the center line of which street is lo- cated as follows: BEGINNING at a point distant S 27 ° 26' 30" W 340. 18 feet southerly as mea- sured along the westerly side of Winged Foot Drive from the end of a curve hav- ing a radius of 20 feet, a distance along the arch of 33. 40 feet, connecting the southerly side of Fenimore Road and westerly side of Winged Foot Drive; thence from said point or place of be- ginning and at all times 20 feet distant and parallel to the northerly and south- erly boundary line of Ormand Place N 62° 33' 30" W 55.40 feet to a point; thence on a curve to the right having a radius of 90 feet a distance of 49. 15 feet to a point; thence N 31° 16' 05" West 256. 60 to a point; thence on a curve to the left having a radius of 193 feet a distance of 118. 90 feet to a point; thence N 66° 33' 56" W 167. 36 feet to the intersection of the easterly side of Durham Road and the center line being 647.41 feet. FURTHER RESOLVED that copies of this resolu- tion be sent to the State Superintendent of Public Works and the Commissioner of Public Works of the County of Westchester. FURTHER RESOLVED that upon obtaining such a certification approving the dedication of the street known as Ormand Place for a width of forty (40) feet, the Town Superintendent of Highways is au- thorized to accept the street as a public Highway. Re: Prince Willows Association Sign The Attorney presented a communication from the Prince Willows Association, dated December 18, 1956, complaining about the erection of a sign by the Saxon Woods Country School on the corner of Old White Plains Road and Fairway Drive and advised that the Building Inspector reported that no permit had been issued for such sign. The Attorney recommended that the Building Inspector have this sign removed and report at the next meeting of the Board, REPORT OF THE TOWN ENGINEER--RE. HOMMOCKS Mr. Friedlander reported that with reference to the communication received from Mr. Eggers in connection with dumping in the Horn- mocks area and presented to this Board at its last meeting, he had contacted Mr. Eggers by telephone and arranged for Councilman Santoro and himself to meet with Mr. Eggers on a Saturday morn- ing soon after the first of the year to review and study this situa- tion, after which meeting, a report will be made to the Board. ADJOURNMENT There being no further business to come before the meeting, it was adjourned at 8.50 p.m. , to reconvene on January 2, 1957. BOARD OF FIRE COMMISSIONERS -- The meeting of the Board of Fire Commissioners was convened immediately upon the adjournment of the Town Board meeting. 67 CLAIMS Commissioner Waterman presented the following Fire Depart- ment claims, which had been audited by Mr. Orsino, Comp- troller, and approved by the Fire Chief. On motion by Councilman Waterman, seconded by Councilman Kane, the Board 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 Departments R. G. Brewer, Inc. $ 20. 44 Chatsworth Oil & Heating Co. , Inc. 138. 75 Consolidated Edison Co. of N. Y. , Inc, Westchester 40. 29 Anthony N. Librandi 20. 50 McGuire Bros. , Inc. 5. 00 Wesco Fire Equipment & Service 1, 616.45 1, 841.43 Hydrant Rental; Westchester Joint Water Works No. 1 2. 78 Grand Total 1, 844. 21 ADJOURNMENT There being no further business to come before the meeting,it was adjourned at 8:55 p.m. , to reconvene on January 2, 1957.