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HomeMy WebLinkAbout1954_10_20 Town Board Minutes 769 MINUTES OF A REGULAR MEETING OF THE TOWN BOARD OF THE TOWN OF MAMARG_ NECK, HELD OCTOBER 20, 1954, IN THE COURT ROOM OF MAMARONECK TOWN POLICE HEADQUARTERS AT 11 EDGE?. OOD AVENUE, TOTI7N. Supervisor Mandeville called the meeting to order at 8: 15 P. M. PRESENT: Supervisor Mandeville Councilmen McKeever, Kane, Brush, and Uaterman ABSENT: None Presence was also noted of Mr . Gronberg, Town Clerk, Mr . Delius, Town Attorney, Mr . Finson, Town Accountant, and Mr . O 'Brien, Super- intendent of Highways . The Town Clerk presented affidavit of publication of notice of public hearing to be held on the 20th of October, 1954, at 8 : 15 P. m. , at the Town of Mamaroneck Police Station, Larchmont, N. Y. , to consider certain amendments to the General Ordinance . There being no one present at this hearing, either in favor of or opposed to the amendment, it was, upon motion by Councilman McKeever, seconded by Councilman _%`7a.termav , upon roll call, unanimously (a) RESOLVED that Chapter 11 of the General Ordinance (Use of Streets and Highways) as last amended July 23, 1954, is hereby amended by including a new section to be known as Section 12, which reads as follows : Section 12. The system of pavement markings, duly adopted by the State Traffic Commission for State highways, is hereby adopted, and shall apply to the following streets or parts of streets in the Town of ?�4a-maroneck, outside of incorporated villages : From the corner of Edgewood Avenue at Judson Street for a distance of 225 feet on Edge-wood Avenue . On Myrtle Boulevard from Murray Avenue east for a. distance of 250 feet . At Myrtle Boulevard and North Chatsworth Avenue inter- section, starting east and curving south into North Chats- worth Avenue for a. distance of 150 feet . At Myrtle Boulevard and Madison Avenue, extending around the corner for a distance of 250 feet . On Murray Avenue from Myrtle Boulevard north for a dis- tance of 125 feet . On Murray Avenue from Homer Avenue to Forest Avenue . On Murray Avenue from Weaver Street south for a distance of 200 feet . On North Chatsworth Avenue from the town line near the railroad bridge, north for a. distance of 150 feet . On North Chatsworth Avenue from Myrtle Boulevard north for a. distance of 250 feet . On Palmer Avenue from the Village of Larchmont east to Weaver Street . On Palmer Avenue from Weaver Street east to the entrance to the Town Yard . 771 At corner of Homer Avenue and Orsini Drive for a, distance of 250 feet around the corner. Fro_r. Rockland Avenue at the corner of 'Winged Foot Drive around the corner for a distance of 150 feet . On Avon Road from Dundee Road east for a distance of 350 feet . On Richbell Road south from Palmer Avenue for a. distance of 125 feet . On Fenimore Road from Boulder Brae Lane north for a distance of 300 feet. On Carleon Avenue starting opposite #50, extending east for a distance of 300 feet . which streets or parts of streets shall be marked with a double white line, with the same meaning, force and effect as provided for such markings upon State highways, and a violation of this Ordinance shall be subiect to the same penalties as provided for the violation of such markings upon State highways, by the Vehicle and Traffic Law. (b) RESOLVED that Chanter ' 7I of the General Ordinance (Fines and penalties) , Section 1, as last amended December 17, 1953 , is hereby amended to read as follows : Any person violating any of the provisions of these ordinances as the same may be from time to time amended, for which no other penalty is provided, shall be guilty of a misdemeanor punishable by imprisonment for not more than one year or by a. fine of not more than $500. or both. (c) Chapter VII of the General Ordinance (Garbage and Refuse) , Section 1, as last amended August 9, 1950, is hereby amended to read as follows : Section 1 . For the preservation of the health, peace and good order of the community, no person, firm, associa- tion or corporation shall collect, solicit, receive and/or transport any old paper, garbage, refuse, ashes , rubbish, used cans, dirt, cinders, building materials, used or brlken glass , tree stumps, branches and clippings, old and unused motor vehicles or machinery or parts thereof; or any other waste matter, within the Town of Mamaroneck outside of incorporated villages and deposit same anywhere in the Town of Mamaroneck, except at a. dump maintained by the Town for such purpose and then only upon obtaining a permit as herein provided . Such permit shall be issued only to residents of the Town of Mamaroneck by the Super- intendent of Highways upon application duly made upon _ forms provided by him for such purpose and upon payment to ham of $10 . for each such permit, which shall be valid until the 31st day of December next succeeding the date -- of its issue . The dumping of any materials hereinabove enumerated within the Town of Mamaroneck, outside of incorporated villages , without a, permit is hereby pro- hibited . 773 FURTHER RESOLVED that the Town Clerk publish and post the aforesaid amendment to the General Ordinances of the Town of Mamaroneck as provided in Section 133 of the Town Law, and that an affidavit of the publication and posting thereof be filed with the Town Clerk _--- The minutes of September Sth and 22nd were approved as presented. The Clerk presented a letter dated October 5, 1654, from Mr . C . J. --- (,'uinn, Secretary of the Police Commission, enclosing espy of minutes of a meeting of the Police Commission, held September 23, 1654, which contained a. resolution covering the action of the Commission i in the forfeiture and withholding of 5 days ' pay from Patrolman McAllister, and requesting that arrangements be made to withhold this item from his pay which comes due October 15, 1954 . The letter also stated that the Commission recommends an appropriation of $15. to cover expenses for Patrolman Staxopoii while attending Firearms Training at Camp Sinit1i, October 18th through October 22nd, 1654 . Can motion by Councilman Waterman, seconded by Councilman P,tcKeever, it was , upon roll call, unanimously RESOLVED that there be a.nd hereby is appropriated from the item in the police budget allocated for such expenses , ' 15. to cover expenses for Patrolman Staropoli while attending Firea.rms _tradning at Camp Smith, October 18th through October 22nd, 1954 . For the record the Clerk presented affidavit of publication and posting of notice of adoption, subject to permissive referendum as provided in the Town Law' of resolution establishing a. public part=ing area at the Lra.rc'_nmont Station of the New York, New Haven -- and Hartford Railroad Company, together with a letter, dated October 19, 1654, from Lieutenant Francis J. , a.terbury, Acting Police Chief, re parking meters . Mr . Delius informed the Board that the bid for the manually ope rated meters must be formally rejected and on motion by Councilman Waterman, seconded by Councilman IMcKeever, it was unanimously RESOLVED that the Board, having decided to purchase the automatic type of meter, hereby rejects the bids received for the manually operated meters , in accor- dance with .the. advertisement and instructions to bidders . The Board then proceeded to discuss the bids received for the auto- matic type of meter and after hearing the written report of Lieutenant °la,terbury and further° comments made by him when he stated that the Police Department favors the type of meter bid by the Dual Parking Teter Company; that this Company had complied with all of the speci- fications and conditions in the advertisement and instructions to bidders ; and the Eastern Sales Company (Mi-Co Meters) did not comply with such conditions , on motion by Councilman Waterman , seconded by Councilman McKeever, it was, upon roll call RESOLVED that this Board accepts the bid of Dual Parking °Meter-Company' for the automatic type of meter, for which the unit bid is as follows : 775 Dual Dual Single Single Inst . Inst. Inst. Inst . Bidder Bumper-Type Standard Bumper-Type Standard Total Dual Parking Meter Co. $ 107.55 99.40 72 .00 63 . 50 14, 236. I FURTHER RESOLVED that the Town Attorney is hereby instructed to proceed with the preparation of .a. contract as provided in the instructions to - bidders . i A vote recorded on this resolution was as follows : AYES : Supervisor Mandeville Councilmen: McKeever, Brush, and ?4'aterma.n NOES : bone Councilman Pane did not vote, saying that, although at this time the Police Department may have more information about the matter than this Board, on Saturday morning, at the time of the demonstration of the meters , he had felt that the Board members were as well informed about the meters as were the police, and he had, at that time, been of the opinion that the D,.Ia.rtin Red Ball people had the cheapest and best meter. Therefore, he would not, at this time, cast any vote. The Supervisor dispensed with the regular order of business to intro- duce i?r . Robert fi'. Briggs , Consulting .Engineer, 271 North Avenue, New Rochelle, planner and designer of the new Thruway, and said he had asked Mr . Briggs 'to come and explain the situation to this Board because of a request received from the Board of Education that the Town Board join with them in a protest to the Thruway =authority in connection with entrances and exits (in some clover leaf pattern) at or in the vicinity of Barry Avenue and Mamaroneck [avenue in the Village of 11amaroneck, and a resolution adopted by the Board of Trustees of the Village of Larchmont strongly opposing the proposed plan of the New York State Thruway Authority in the construction of the Thruway at Larchmont . I:ir . Briggs submitted maps and presented the situation to the Board . e said that during the time the Chatsworth Avenue bridge is closed, both the petersville road Bridge and the cleaver :Street Bridge will be open. In all probability, the Petersville road Bridge will be com- pleted before the Chatsworth Avenue Bridge is started . Later, in reply to a. direct question by the Supervisor, Ivzr . Briggs stated that, in his opinion, the Town Board should not pass any resolution or contact the Thrusay, Authority in any way, the primary reason for this being that his contract plans, (now about 94° com- plete) will be turned into the Authority and it would be decidedly premature for anyone to object to what is being done until some decision is made . The Supervisor submitted the resolution from the School Board and that from the Village Board of Larchmont, and asked for a. decision. After some discussion, it was unanimously agreed that, in view of the advice received from Mr . Briggs, this Board would refrain from passing any resolution or making any recommendation to the Thruway Authority at this time . Mr . Albert Gould a.ppea.red and submitted a, ploy:, plan known as Map of Winged foot Knolls, section. 2, filed September 13 , 1954 in the Register 's Office of Westchester County as Map No . 9343, and asked for permits for two mouses to be erected on Lots Nos . 1 and 3 as shown on said maD . On motion by Councilman McFeever, seconded by Councilman Kane, it was unanimously 777 RESOLVED that authority is hereby given for the issuance of building permits to erect houses on two lots known as NTos . 1 and S on Map of ;"tinged Foot Knolls, Section 2, filed in the Register 's Office, Division of Land Records , on September 13 , 1954, as d+a.p No. 9343, provided that no certificate of occupancy shall issue unless or until the proposed street as shown on said map, is im- proved to the satisfaction of the Superintendent of Figh- ways, including paving, surface drainage, and utilities such as light, gas , sewer and water are installed - in front of said lots Nos . 1 and 3, and connected with said houses to be erected thereon . The Clerk presented a. letter, dated October 20, 1954, from Mr . Alfred ?'lillis, architect, 132 Larchmont Avenue, Larchmont, stating that Ieir . Paul Trompeter of 22 Alden Road is asking permission to remove the wall in front of his premises and excavate for offstreet parking for one car . The letter goes on that Mr. Trompeter will blacktop or cement the excavation and landscape the sides and end; that there is a. la.w prohibiting parking on the street at night; and it is impossible to build a. garage on this property as there is much stone, the house sets twenty feet above the street, and it would be impossible to blow out the rock to get into the basement of this house . Presented also, 'was a blue print of the property. After some discussion, the Supervisor suggested that Mr. Trompeter, who was present, contact his neighbors Mrs . Helen M. Eklund, 21 Alden Road, Mrs . Arthur J. Butler, 22 Alden Road, and Mr . Chas . L. Myers , 23 Alden Road, to learn whether they would have any objections to the contemplated cork, and report to this Hoard at its next meeting. The Clerk presented a. letter, dated October 11, 1954, from Mr . - William J. Vey, 1 ?Bryson Street, Larchmont, stating that the under- signed property owners of Bryson Street, wished to acknowledge the service of the Highway Department in removing excess trap rock from the sides of the street, and stating that they appreciate the prompt service liven the matter under the supervision of Mr . O'Brien. The Clerk presented a letter, dated October 11, 1954, from Mr. William Vey, 1 Pr-son Street, Larchmont, calling attention to bad sidewalks in front of -209, and 211 Murray Avenue and saying that an inspection will shoe a. drop in the sidewalk elevation and that Burin rainy weather, excess water at these places and the overflow of the street catch basin leaves a silt upon these sidewalks, thereby causing a. hazardous condition. The Clerk presented the following: Report of Westchester Shore Humane Society, Inc . , for September Attendance Report for :September For the record, the Clerk presented affidavit of publication of Notice of Registration and Notice of Amendment to the General Ordinance -,is of July 28, 1954; also affidavit of posting of the latter notice . Councilman Brush said, "in view of tonight 's discussion or talk by Mr . Briggs" , he would, more than ever, recommend prohibition of parking on Weaver Street from Palmer Avenue to the Post ?load . The Board agreed that the traffic situation in that area warrants consideration and on motion by Councilman Brush, seconded by Councilman Kane, it was unanimously i 779 9 RESOLVED that this Board requests the State Traffic Commission to eliminate parking on both sides of Weaver Street, a State road, between Palmer Avenue and the Boston Post Road . FURTHER RESOLVED that the Clerk furnish copies of this resolution to the Police Department and the State Traffic Commission in Albany. Councilman McKeever presented the following petitions received from the Assessor for the correction of the assessment roll so as to per- mit the apportionment of taxes , and on motion by Councilman McKeever, seconded by Councilman Kane, the following resolution was , upon roll call, unanimously adopted: WHEREAS , the Assessor has presented petitions for the correc- tion of the assessment roll for certain years , pursuant to the pro- visions of Section 557, Article 16 of the Westchester County Admin- istrative 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 1954, taxes of 1955, which shows property now appearing on the roll as follows : Bloc's Parcel ?Name Land Improvement Total 932 109 Home Trends, Inc . $3 ,200 m 5, 000 $11 ,200 S32 113 Torre Trends, Inc . 3 ,000 3, 000 be corrected as follows in accordance with the provisions of subdivision 5 of Section 557: Block Parcel Name Land Improvement Total 932 109 L . F. Ittleson and P. Buchman 3, 100 81000 115100 939 500 Home Trends, Inc . 100 100 932 138 L . F. Ittleson & or . 2 ,450 2,450 932 122 Home Trends, Inc . 550 550 FURTHER. RESOLVED that the assessment roll of 1954, taxes of 1955, which shows property now appearing on the roll as follows : Block Parcel Name Land only 932 122 Home Trends , Inc . 550 932 120 Home Trends , Inc . 3, 000 be corrected as follows in accordance with the provisions of subdivision 5 of Section 557: I Block Parcel Name Land only 932 322 Home Trends , Inc . 500 932 511 ;gym. J. Liltzer & W. 549 932 12+3 Nome Trends, Inc . 2, 900 932 515 Wm. J. giltzer & W . 100 781 FURTHER RESOLVED that the assessment roll of 1954, taxes of 1955, which shows property now appearing on the roll as follows : Block Parcel Name Land Improvement Total 9=53 1 Salmar ;level . Corp. $27, 600 $ 49, 000 S76, 600 953 103 John A. Elford 3, 300 7PGOO 101300 be corrected as follows in accordance with the provisions of subdivision 5 of Section 557: Block .parcel Name land Improvement Total 953 1 Salmar 'level . Corp . 37,300 49,000 73,300 953 713 .Sohn A. Elford 300 300 958 103 John A. Elrord. 3 ,000 7,000 10, 00€x' 953 720 Salmar Devel . Corp . 300 300 Councilman Kane had nothing to report . Supervisor Mandeville brought up the matter of the proposed exten- sion of sewer in the Prince Willows area, and announced that, in view of the fact that no petition has, as yet, been presented to this Board , no action will be taken at this time . Neither will any action be taken at this time on the water supply report which was presented at this Board 's last meeting. Messrs , Sawyer and Harding who presented the report and situation to the Town Board, will appear in the near future before the Village Board of Mamaroneck . In connection with the proposed sewer for prince Willows , Councilman McKeever asked about the rate if there were a new sewer district, and Supervisor Mandeville submitted a schedule of rates , which, he said, are based on Mr. Cronquist `s figures . The Clerk was in- structed to send a schedule to Mr . Levin and one to Mr. Mabel . The Town Attorney presented the lease with the New Haven Railroad Company and stated that it ti=ra.s in order for signature by the Super- visor. The Town Clerk had previously presented affidavit of publication of resolution adopted by this Board on September v, 1954, indicating that the same was published in the Daily Times on September 11, 1954, and also an affidavit of the posting of this notice on Sep- tember 11, 1954, in 5 public places , as provided in the Town Law. Can motion by Councilman McKeever, seconded by Councilman Kane, the following resolution was unanimously adopted: WHEREAS, this Board, on September S. 1954, adopted a. resolu- tion establishing a public parkin; area at the La,rchmont Railroad Station under lease with the New raven Railroad Company, as more particularly stated in said resolution, which resolution was sub- ject to a permissive referendum; and WHEREAS, notice of the adoption of such resolution, stating that it had been adopted subject to permissive referendum, has been published and posted as required by the Town Law; and WHEREAS, the 'gown Attorney has submitted to this Board, the lease, satisfactory and containing such terms as are set forth in the resolution, I i i 783 NOW, THEREFORE, BE IT RESOLVED that the Supervisor be and he hereby is authorized to sign said lease with the New Haven Railroad Company. The Town Attorney reported that the Secretary of the Fire Department had furnished him with a. copy of resolution adopted October 13, 1954, reinstating as members , certain non-residents of the Department, accompanied by a signed statement from each of these, giving his residence or occupation, and stating that he is available to render active service . Upon motion by Councilman gush., seconded by Councilman McKeever, it was unanimously RESOLVED that the reinstatement of election of the following non-.resident members of the Fire Department, is approved : John Belluci 10 Cliff Way, Larchmont, N. Y. Louis J. Buono 1912 Palmer Avenue, Larchmont, N. Y. Ralph F. Condro 25 Beachwood Avenue, New Rochelle, Pa. Y. Charles Conte 34 Va.nderburgh Avenue, Larchmont, N. Y. Augustus E. Funck 334 Prospect even7e, Mamaroneck, N. Y. Charles Ouadagnolo 1030 Old Post Road, Mamaroneck, N. Y. Arthur F. Johnson 21 -+.Ioodla.nd avenue, Larchmont, N. Y. Frank McOeough 5426 Prospect avenue, Mamaroneck, N. Y. Michael Spa.npina.to Parkway arms Apts . , Larchmont, N. Y. Richard M. Thorburn. 1533 Palmer Avenue, Larchmont, N. Y. ; Emil E . Torre 76 p`?endt Avenue, Larchmont, N. Y. John Mi . Torre 6 ..west Avenue, Larchmont, N. Y. The Town Attorney presented a. letter from Thomas J. McEvoy, stating that he had recently purchased from Ernest Bull, the property known as Block , 601, Parcel 14, on the Town Assessment Map of the Town of Mamaroneck and in connection with the title search, the following appears on the books or records of the County Finance Commission: Volume 57 - Town of Mamaroneck Hap of Sound :chore - Block 0 Page Lot Year amount Sale To Years leased 228 42 1513 S 1 .91 10/8/14 Town 1, 0042 The letter went on to say that the ta.x records of the Town of Mamaroneck do not show this item so that, apparently, it was paid . The Receiver of Taxes, however, before writing the usual letter to the County Finance Commissioner, desires a. resolution of the Town Board directing him to do so . Mr . Delius, therefore , recommended that a resolution be adopted requesting that this lease and/or lien be cancelled in the Commissioner 's office . i On motion by Councilman McKeever, seconded by Councilman Brush, it was , upon roll call, unanimously RESOLVED that the following tax lien or lease appearing on the recoods in the County Finance Commissioner 's Office, be cancelled, the same having apparently been paid, according to the records in the office of the Receiver of Taxes of the Town of Ma.naroneck: I! I 785 Volume 57 - Town of Mamaroneck Map of Sound Shore - Block 0 Page Lot Year Amount Sale To Years leased 228 42 1913 $1 .91 10/6/14 Town 1, 000 The Supervisor suggested that the area to be metered for parking should be extended to include the Arcade and Lyrtle Boulevard to Vine Street . Mr . Delius said he would proceed with the drafting of a meter ordinance after some consultation with Chief Yerick. Mr. Delius presented a letter from Mr. George Di Francesco, asking that the bus stop shack at the corner of Forest Avenue and Weaver Street, be removed . The Board declined to take any action. The Supervisor said he had heard certain rumors and remarks about police officers directing traffic at the new Shopping Center on the Post Road . This was done during their off-time and was at the expense of the Shopping Center . However, it has been discontinued . The Town Attorney presented a complaint he had prepared for the Town in an action against Mortimer J. Solomon and Gladys W. Solomon, where the Town asks for an injunction to prevent the Solomons from renting the garage on their premises to certain tenants , which is alleged to be a violation of the Zoning Ordinance . Tnis complaint was drawn in accordance with the direction contained in resolution adopted by the Town Board on July 7, 1954, and the Town Attorney requested that the complaint be verified by the Supervisor. There being no further business to come before the meeting, it adjourned at 10: 30 P. M. to meet again on November Town erg;