HomeMy WebLinkAbout1954_09_08 Town Board Minutes 717
MINUTES OF A SPECIAL MEETING OF THE TOWN BOARD OF THE T07YN OF MAMARO-
NECK, HELD SEPTEMBER S. 19549 IN THE COURT ROOM OF MAMARONECK TOWN
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POLICE HEADQUARTERS AT 11 EDGEWOOD AVENUE, TOWN.
Supervisor Mandeville called the meeting to order at 8: 15 P' M.
PRESENT: Supervisor Mandeville
Councilmen McKeever, Kane , Brush, and Waterman
ABSENT: None
.Presence 7,,,as also noted of Mr . Gronberg, Town Clerk, Delius, Town
Attorney, Mr. Finson, Town 11ccountamt, Mr . O'Brien, Superintendent
of Highways, and Police Chief Yerick.
The Clerk presented a letter addressed to the To,,in Board, dated Sep-
tember 72 I954, from Mr . C . J. Ouinn, Secretary of the Board of
Police Commissioners, stating that at the meeting of the Police Com-
mission on August 26, 1954, Patrolman Christopher Lovely was Pro-
moted to the rank of detective, which appointment is effective as of
September 16, 1954,
On motion by Supervisor Mandeville, seconded by Councilman Brush, it
was unanimously
RESOLVED that the promotion of patrolman Christopher
Lovely to the rank of Detective, effective September
163 1954, be and it hereby is approved and that his
annual salary is hereby increased to $4, 940, effective
as of the same date .
The Clerk presented a letter addressed to the Council Members, dated
September 1, 1954, from Mrs . Evelyn L. Land, President of the Garden
Club of Larchmont, inviting the Board Members to the first meeting
of the Evening Department of the Garden Club of Larchmont to be
held at the Larchmont Avenue Church on l'Tednesday, September 15, at
8 P . M, The Board Members made note of the date and the Clerk was
instructed to acknowledge the invitation with thanks .
The Clerk presented a. letter addressed to the Clerk, dated August 27,
1554, from George Burton, Fire Inspector, relative to complaints Of
smoke from the Alden House, and enclosing a. letter from the owners
of the premises , stating that Mr . Burton's request for complete
overhaul of the oil burner has been complied with. The letter also
stated that Mr. Burton has checked the incinerators and finds they
are functioning satisfactorily.
This was ,received and filed.
The Clerk presented a letter addressed to the Town of Mamaroneck,
dated September 2, 1954, from Mr . 11 , F. Hug, 661 Fenimore Road, en-
closing two checks in the amount of $452 .89 and @22 .64 respectively,
and stating that the tax on Block 314 Parcel 67 is paid under pro-
test, as said plot or lot has no access either from Feni'more Road
or from any other point, except through his driveway of Parcel 72 .
Fie believes he is entitled to access from Fenimore Road or through
County property by a right of way.
This was received and filed .
The Clerk presented a. letter addressed to the Town Board, dated
August 26, 1954, from 11r . A. E. li%`ullschleger,. recommending the
appointment of William J. Shea. and G. Norman Blair to the Planning
Board, as Engineer and Architect respectively.
On motion by Supervisor Mandeville, seconded by Councilman Waterman,
it was unanimously
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RESOLVED that G. Norman Blair and William J. Shea 'V/z
are hereby appointed as the two additional members
of the Planning Board .
There was then some discussion regarding the terms of the various
members appointed to the new Planning Board and the Supervisor felt
that the two new members should be appointed for the shortest terms .
Councilman Waterman stated (and Councilman McKeever agreed) that he
felt Mr . Wullschleger should be appointed Chairman of the new Board
for a period of 7 years and the other members should be appointed
in the order of their seniority .
Mrs . Winton L , Miller, Jr . , 125 Weaver Street, spoke from the floor
and said she did not believe it would be a very complimentary ges-
ture toward the two new members who are professionals on the Board,
to give them the shortest terms of office .
Councilman Brush thought it would be advisable to have the terms
of the new Planning Board members exprie the same years as their
terms on the Zoning Board .
After some further discussion , on motion by Councilman Waterman,
seconded by Councilman McKeever, it was
RESOLVED that the terms of all members of the
Planning Board are hereby fixed as follows :
Term
William J. Shea One year
G. Norman Blair Two years
George Schuler Three years
Fred L Maggiai Four years
Joseph J. Rigano Five years
Morgan J. Burke, Jr . Six years
Arthur E . Vullschleger Seven years
FURTHER RESOLVED that this resolution supersedes
the resolution heretofore adopted by this Board
on July 7, 1954, with respect to the terms of
office of the members of the Planning Board.
A vote recorded on this resolution resulted as follows :
AYES: Supervisor Mandeville
Councilmen Mcbeever and Waterman
NOES: Councilmen Kane and Brush
Councilman Waterman suggested that the new Planning Board should be
authorized to approve plot plans showing new streets or highways
within the Town outside of the Villages of Larchmont and Mamaroneck.
He said it would seem to be desirable to give the Planning Board
authority to consider these subdivision plots and work on them, inas-
much as it will not have its other functions until after the first
of the year . There awe other authorities which can be given to
this Board but he suggested that at the start, the Town Board con-
sider the desirability of giving them this authority,
on motion by Councilman Waterman, seconded by Councilman McKeever,
it was
RESOLVED that the Planning Board is hereby
empowered pursuant to Section 276 of the Town
Law, to approve plats showing new streets or
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highways within that portion of the Town of Mamaro-
neck outside the limits of any incorporated village,
such approval to be given in all respects in accor-
dance with the provisions of Section 276 of the
Town Law.
FURTHER RESOLVED that the Town Clerk is hereby
directed to immediately file a Certificate of
Adoption of this resolution with the Clerk of
the County of Westchester .
A vote recorded on this resolution resulted as follows :
MES ; Supervisor Mandeville
Councilman Waterman
Councilman McKeever
HOES: Councilman Kane
Councilman Brush abstained from voting.
There was then some discussion of the possible necessity of employ-
ing additional expert advice for the new Board and when this was
questioned by Councilman Kane, Supervisor Mandeville spoke as
follows for the record :
Before the League of Women Voters where I spoke before election, I
felt that Mr . Snodgrass had me over a pickle barrel until 1 asked
him what the Planning Board did, and he said they wrote a book. One
of the things that was recommended was that the Town or City of Rye
spend $1, 000,000 . 1 went no further. Anything the Board sets up
for the purpose of planning will serve the same purpose and the next
question will be where the people will get the money for the recom-
mendations of the Planning Board.
At this point the Supervisor dispensed with the regular order of
business to hear those present .
Mr . Stanley Gregory reported in connection with the survey of a pro-
posed sewer for the Prince Willows area, that he was not ready with
the preliminary plan or report . They have run into certain compli-
cations in connection with the crossing of the reservoir . They will
need another two weeks but will try to have a report ready for the
next meeting of the Town Board, September 22nd .
The Clerk was instructed to notify Messrs . Harding, Sawyer and
Straub that the water report which had originally been scheduled for
the next meeting, September 22nd, will now be heard on October 6th.
Mr . Bernard Goodman appeared and submitted a plot plan known as
"Map of Stonewall, Section 4, Town of Mamaroneck, Westchester
County, N. Y. , Sheet 45, Block 3964, made by ! J. Foote, survey com-
pleted August IS, 1942, and this map as shown hereon was completed
August 23 , 1954" , and asked approval of said plan by the Town Board.
Mr . Goodman asked for permits for 10 houses and said he would
stipulate that the Certificates of Occupancy would issue when the
houses are completed. There was considerable discussion and the
Supervisor said the minutes should record the advice .of Mr . Delius .
Mr . Delius said this subject is governed by Section 280A of the
Town Law which provides in substance that no permit for the erection
of any building shall be issued unless the street or highway giving
access to such proposed structure has either :
(a) Been placed on the official map or plan, if there be one ; or
(b) is an existing State, County, or Town highway; or
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(c) Is a street shown upon a plat or subdivision map, either approved
by the Planning Board, if one exists , or filed in the County Clerk's
Office, prior to the date of the appointment of a Planning Board ,
Further provision is that before such permit shall be issued, the
street or highway shall be suitably improved to the satisfaction
of the Town Board or PaInning Board, if one exists, as adequate
to the public health, safety and general welfare for the special
circumstances of the particular street or highway ,
The Legislature in 1954 amended this by providing that in the
alternative and at the discretion of the Board, a performance bond
sufficient to cover the full cost of such improvement as estimated
by the Board, can be furnished to the Town by the owner. Such bond
shall be issued by a Bonding Company approved by the Town Board or by
the owner with security acceptable to the Town Board .
In conclusion he stated that under the circumstances, he felt that
Mr. Goodman should furnish a bond unless the Town Board considers
the street or highway in question to be adequately improved.
After some further discussion, upon motion by Councilman McKeever,
seconded by Councilman Kane, it was
RESOLVED that authority is hereby given for the issuance
of building permits for 10 houses on a street called
Stonewall Lane as shown on Map of Stonewall, Section 2
and filed in the Register 's Office as Map No. 7909 and Map
of Stonewall, Section 3, filed in the County Clerk's Office
as Map No. 9142 , provided that no Certificate of Occu-
pancy shall issue unless or until the street known as
Stonewall Lane has been properly paved and improved
so as to afford access to the premises for which the
Certificate of Occupancy is requested, and provided
further that such permit or permits as are issued
and for which no Certificate of Occupancy has been
issued, shall be revoked unless the said street known
as Stonewall Lane is paved to the satisfaction of the
Superintendent of Highways and the Town Board, from
Old White Plains Road to the northerly boundary line
of Lot 14 as shown on R. O. Map No. 2142, by October
31, 1934.
A vote on this resolution was recorded as follows :
AYES: Councilman McTeever, Kane, and Brush
NOES: Supervisor Mandeville
Councilman Waterman
The Town Clerk requested authorization to publish the usual regis-
tration notice in the Daily Times .
On motion by Councilman McKeever, seconded by Councilman Brush, it
was unanimously
RESOLVED that, in accordance with the provisions of
Section 76 of the Election Law, a notice be published
in the Daily Times on September 2✓th, and October 6th,
1954, giving a list of the places of registration in
the Town of Mamaroneck, a statement of the days and
hours of registration and a brief description of
each registration district in the Town.
The Clerk submitted the follows :
Town Clerk's Report, August, 1954
Attendance Report, July, 1954
_ 725
Attendance Report, August, 1954
Building Report, July, 1954
Building Report, August, 1954
Report of Westchester Shore Humane Society, Inc . , July, 1954
Report of Receiver of Taxes and Assessments, August, 1954
Summary of Receipts. a.nd Disbursements, January 1 to July 31, 1954
Analysis of budget Appropriations and Expenditures, January 1
to July 31, 1954
Analysis of Estimated Revenues , January 1 to July 31, 1954
Statement of Bank Balances as of August 1, 1954 and September 1, 1954
List of Claims Audited and Paid by the Comptroller from July 1 to
August 1 , 1954
Fist of Claims Audited and maid by the Comptroller from August 1
to September 1, 1954
The Clerk presented a. verified statement, dated August 24, 1954,
from the F'ordha.m Transit Co. , Inc . of actual gross receipts of said
corporation from January 1 through June 30, 1954, as follows :
Taxable Receipts applicable to Town $3, 0938
Tax 3% x.03 i
109 .2U—
The Clerk presented a. letter _+'_roux the County Transportation Company
Inc . , dated Augustnll, 1954, enclosing a verified report relative to
operation of buses of that company in the Town of Mamaroneck for the
six months ended June 303 1954, together with a check in the amount
of $119 .75 covering gross earnings for the same period.
The Supervisor requested a. resolution authorizing increases in the
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salaries of Eugene Agnessa.nto and John Welsh, patrolmen.
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On motion by Councilman Kane, seconded by Councilman Waterman, it was,
upon roll call, una, .imously
RESOLED that the annual compensation of Patrolmen 'Eugeen
Agnessa:to and John Welsh, be and it hereby is fixed at
$4, 743 each, effective September 1; 1954, in accordance
with the regular increment schedule allowed .
The Supervisor presented a memorandum, dated August 1S, 1954, from
the Comptroller, requesting authorization to transfer funds within the
Department of Engineer in the 1954 Budget .
On motion by Councilman McKeever, seconded by Councilman Brush, it
vas, upon roll call, unanimously
RESOLVED that the Comptroller and Supervisor be and
they hereby are directed to make transfers within
the Department of Engineer in the 1954 Budget as
follows :
From: Town Engineer 31, 0GO
To: Fees engineering services $1,300
The Supervisor presented a list of properties which had been sold
at public auction earlier in the evening and requested approval
of the sale .
On motion by Councilman Kane, seconded by Councilman Brush,, the
following resolution was, upon roll call_, unanimously adopted :
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WHEREASP THE Town of Mamaroneck, through the institution of
an action in the County Court of Westchester County, entitled "In
the matter of the Foreclosure of Tax Liens pursuant to Article
VII-A, Title 3 of the Tax Law$ by the Town of Mamaroneck, List of
Delinquent Taxes for 1947" has become and now is the owner of a
number of parcels of real estate situate in the Unincorporated
Section of the Town of Mamaroneck; and
WHEREAS , the Town of Mamaroneck advertised for bids and held
a public auction on September 8, 1954, and received bids on certain
of said parcels cf real estate now owned by the Town of Mamaroneck;
and
WHEREAS , since the receipt of said bids, this Board has given
careful consideration thereto, and after due deliberation, it is
RESOLVED that the bids hereinafter listed be
accepted at the price and terms therein set forth:
LIST OF BIDS ACCEPTED IN SECTIONS 1 to 5 INCLUSIVE
Block Parcel Purchaser Assessed Value Sales Price Terms
126 135 Augustine A . Tenors $ 1, 000 $ 335 Cash
126 140 Margaret E , Cocciolone 21800 950 Cash
131 5T Daniel A. Ritch, Sr. 550 135 Cash
FURTHER RESOLVED that the Supervisor is authorized
and directed to execute and deliver deeds to these
parcels in accordance with the terms and contracts
of sale and the Town Attorney is authorized to take
all steps necessary to complete the sale and trans-
fer these parcels .
On motion by Councilman Kane, seconded by Councilman Brush, the
following resolution was, upon roll call, unanimously adopted :
WHEREAS, the Town of Mamaroneck, through the institution of an
action in the County Court of Westchester County, entitled "In the
Matter of the Foreclosure of Tax Liens pursuant to Article VII-A
Title 3 of the Tax Law by the Town of Mamaroneck, List of Delinquent
Taxes for 1947" has become and now is the owner of a number of
parcels of real estate situate in the Village of Mamaroneck and Town
of Mamaroneck; and
WHEREAS, both the Village of Mamaroneck and Town of Mamaroneck
held tax liens on said parcels of real property; and
WHEREAS , pursuant to Section 165H of the Tam Law, an agree-
ment was entered into between the Village of Mamaroneck and the Town
of Mamaroneck which, among other things, set forth the interests
of said municipalities in the properties being foreclosed, the manner
of the sale of said properties , and the manner of the distribution
of the proceeds received from said sales ; and
WHEREAS , the Town of Mamaroneck has , pursuant to an agree-
ment had with the Village of Mamaroneck, advertised for bids and
held a public auction on September 8, 1954, and received bids on
certain of said parcels of real estate now owned by the Town of
Mamaroneck; and
WHEREAS , since the receipt of said bids, this Board has given
careful consideration thereto, and after due deliberation, it is
RESOLVED that the bid hereinafter listed, be
accepted at the price and terms therein set forth:
729
LIST OF BIDS ACCEPTED IN SECTION 8
Block Parcel Bidder Assessed Value Final Sales Price
833 262 Angelo Russo 1, 000 $ 334
FURTHER RESOLVED that the terms on the above bid
are all cash.
FURTHER RESOLVED that the foregoing acceptance with
respect to this parcel, is subject to approval by
the Village Board of the Village of Mamaroneck.
FURTHER RESOLVED that upon approval of the bid by
the Village Board of the Village of Mamaroneck, the
Town Attorney is authorized to proceed with the pre-
paration of contracts, and such other documents as
are necessary to pass title to said property, and
the Supervisor is hereby authorized to sign such
contracts and deeds as are necessary to pass title
to said property.
The Clerk was instructed to write to the family of Nicola Perri, am
employee of the Town Highway Department who recently died, expressing
to them the sympathy of this Board .
The Councilmen had nothing to report for their various departments .
The Town Attorney stated that the New Haven Railroad Company had
submitted a proposed lease and that it seemed satisfactory except
that it should contain a provision stating that the parking meters
would remain the property of the Town at the termination of the
lease, provided the Town has fully performed .
Upon motion by Councilman Waterman, seconded by Councilman Brush, it
was unanimously
RESOLVED that the Town of Mamaroneck establish a public
parking area containing approximately 150,000 square feet
consisting of the west-bound station grounds at the Larch-
mont Railroad Station of the New York, New Haven and Hart-
ford Railroad Company, such area to be leased from the
New York, New 7aven and Hartford Railroad Company at an
annual rental of $1 . plus 201 of the gross income derived
from parking meters to be installed by the Town, and in
addition, the amount of taxes and assessments levied upon
said property and paid by the Railroad Company.
FURTHER RESOLVED that this resolution is adopted subject
to a permissive referendum as provided in the Town Law
and that the Town Clerk is directed to publish and post
notice thereof accordingly.
After further discussion as to the advisability of obtaining bids
for parking meters , it was , upon motion by Councilman aterman,
seconded by Councilman Brush, unanimously
RESOLVED that the Surervisor is hereby authorized to
prepare specifications and publish a notice to bidders
for the supply of such parking meters, including the
installation, payment for such meters to be made to the
extent of 30% of the gross receipts until full payment
is made .
Mr . Delius reported that he had written to the Bureau of Hunicipal
Audit in !!bony on duly 2eth, with regard to the Pryor Manor Bridge,
but had not, as yet, received a reply.
Mr . Delius stated that the Town is not the owner of the land in the
bed of the street now known as Washington Square, since the foreclosure
731
of the lots did not include that, and he also stated that the street
is only 35 feet wide, whereas the Highway Law requires a dedicated
width of 50 feet, except where the Department of Public Works of
the State of New York permits a lesser width . He further stated he
had been informed b7 the Assessor that the said street had been in
use over 20 years , in which case, it could be accepted by resolution
of this Board under the provisions of Section 171 of the Highway
Law.
On motion by Councilman McKeever, seconded by Councilman Waterman,
the following amended resolution was, upon roll call, unanimously
adopted:
WHEREAS, the Superintendent of Highways has recommended to this
Board, the acceptance of a private street now known as Washington
Square (formerly known as Washington Street) shown on may known as
"Amended Map of Subdivisions A and 3 of Larchmont Heights , Property
of Rushmore Realty Corp . , situate near Larchmont Manor Station in the
Town of Mamaroneck, N. Y. , made by J. A. Kirby & Son, C . E. and
Surveyors, June, 1911" , and filed in the County Clerk's Office,
Division of Land Records July 31, 1914, as Map No. 2070; and
WHEREAS, the Superintendent of Highways has prepared and sub-
mitted with his recommendation, a sketch map showing the street; and
WHEREAS, it appears from said map or sketch that the width of
the said street, now known as Washington Square, is approximately
35 feet and is of insufficient width to permit its acceptance or
dedication under the provisions of the Highway Law, without certifi-
cation by the Superintendent of Public Works of the State, of the
necessity therefor,
NOW, THEREFORE, BE IT
RESOLVED that this Board requests that the Superintendent
of Public Works of the State of New York approve the dedi-
cation of the street or highway now known as Washington
Square (formerly known as Washington Street) and shown on
map known as "Amended Map of Subdivisions A and B of Larch-
mont Heights, Property of Rushmore Realty Corp . , situate
near Larchmont Manor Station in the Town of Mamaroneck, N. Z
made by Z A. Kirby & Son, C . E and Surveyors, June, 1911",
and filed in the County Clerk's Office, Division of Land
Records , July 31, 1914, as Map No. 2070, and recommended
by the Town Superintendent of Highways for acceptance
and, subject to such approval, hereby authorizes the
Town Superintendent of Highways and the Town Attorney
to take such steps as are necessary to dedicate Wash-
ington Square as a Town highway, pursuant to Section 171
of the Highway Law.
FURTHER RESOLVED that copies of this resolution be sent
to the State Superintendent of Public Works and the Com-
missioner of Public Works of the County of Westcheste .
FURTHER RESOLVED that this resolution supersedes the
resolution adopted by this Board on August 11, 1954,
providing for dedication of Washington Square, formerly
Washington Street .
There being no further business to come before the Board, it ad-
journed at 10 : 15 P. M. , to meet again on September 22nd, and imme-
diately re-convened as the Board of Fire Commissioners ,
The Supervisor brought up the matter of insurance qualifications for
the non-resident members of the Fire Department under the new law.
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Yr . Delius will go over this and report at the next meeting.
Councilman Waterman submitted the Fire Chief 's report for August,
1954.
Councilman Waterman submitted the claims for the Fire Department
which had been approved by the Fire Chief and audited by the Comp-
troller and on motion by Councilman Waterman, seconded by Councilman
-----Brush, it was unanimously
RESOLVED that the following described claims be and
they hereby are approved and that the Supervisor and
Comptroller be and they hereby are authorized to pay
the same out of the budget for the Fire Department :
A & A Automotive Co. $ 7.0', ICI
it Compressor I Pump Corp. 18.62
Alpine Disinfection Co. 24. 75
Consolidated Edison Co. of New York, Inc . , 45.95
irthur Massey Brown 50 .00
Furia Electric Inc . 120.00
Henigson's Lumber Company .72
Reginald Jubb Garage 29 .25
Kenny's Floor Covering Co. , Inc 316.30
McGuire Eros . , Inc . 3132
G. W. Merrell, Inc , 16.49
Mitchel Oil Corp. 45.21
New York Telephone Company 101 .33
Plaza Pharmacy 8. 73
Ronconi Leon Mower Service 33 , 55
Wesco Fire Equipment and Service 1, 328 .30
Westchester joint Water Works , No. 1 5.94
State Insurance Fund 37=
Hydrant Rental
Village of Scarsdale Water Department 503.00,
Total $2, 731.83
Councilman McKeever said he would like to take this opportunity to
compliment the Town Fire Department for its very excellent Per-
formance on Labor Day at the parade in the Village of Mamaroneck .
The Supervisor went on to complinent both the Fire Department and
the Police Department for their conduct during the recent storm.
There being no further business , the meeting adjourned at 10 : 25 7 :
to meet again on September 22nd .
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