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HomeMy WebLinkAbout1955_02_23 Town Board Minutes 77 MINUTES OF A SPECIAL MEETING OF THE TOWN BOARD OF THE TOWN OF MAMARONECK, HELD FEBRUARY 23, 1955, IN THE COUNCIL ROOM OF THE WEAVER STREET FIRE HOUSE, CORNER OF EDGEWOOD AVENUE AND WEAVER STREET, IN THE TOWN OF MAMARONECK. The Supervisor called the meeting to order at 8:15 P. M. PRESENT: Supervisor Mandeville Councilmen McKeever, Kane, Brush, and Waterman ABSENT: None Presence was also noted of Mr. Gronberg, Town Clerk, Mr. Delius, Town Attorney, and Mr. O'Brien, Superintendent of Highways. The Clerk presented affidavit of notice of publication of a Notice of Public Hearing to be held February 23, 1955, at the Weaver Street Fire House, to consider re-zoning property known as Block 133, Par- cels 148, 161, 179, 186, and 274, on the Assessment Map of the Town of Mamaroneck, from Residence A-1 to Business C, upon application by Frank Guadagnola, which application had been withdrawn by Mr. Jerome Wanshel, attorney for Mr. Guadagnola, at a meeting of this Board held February 16th. The Clerk presented a letter dated February 18, 1955, from Mr. Lionel P. Marks, President of the Howell Park Association, urging the adoption, in connection with the public hearing held February 16th by this Board, of a resolution amending the Zoning Ordinance so as to create a 10-foot side set-back on corner lots in business districts, where one side of the lot fronts on a main thoroughfare and the other fronts on a, side street, which lot is adjacent to A, A-2, B or B-2 Use, or Area Districts. The letter was received and filed. The Supervisor introduced Mr. Robert W. Briggs, Consulting Engineer for the New York State Thruway Authority, who said he was very glad to have the opportunity to acquaint the Board with the present status of the work on the Thruway, particularly with respect to the Town of Mamaroneck, inasmuch as he understood there had recently been some concern expressed over the possibility of a delay in the construction of the extension of the Thruway between Chatsworth Avenue and Mamaroneck. He said it is intended to keep Chatsworth Avenue open and operating through the construction of a temporary bridge and that Weaver Street will not be touched at all until after the Chatsworth Avenue bridge has been completed and Chatsworth Avenue restored to service. He also noted that it is proposed to build a temporary station platform on the north side of the tracks extending the existing platform to the east, some 1,250 feet. He next touched on the matter of parking and then said he would answer questions . Councilman Brush complimented Mr. Briggs and thanked him for the consideration and study given the particular problem of the Town at the Larchmont Railroad Station. Councilman Kane asked about the possibility of bringing the level _- of the Railroad station down to street elevation rather than having it raised because, if the station is raised, it will create a hardship for people who have to climb the stairs. Mr. Briggs explained that Mr. Patrick McGinniss, President of the Railroad Company, believes the conventional station is outmoded and that so-called shelter type stations, which could be structures approximately 12 feet wide and 36 to 40 feet long, will be used, and these would be down at the level of the platform. III He went on to explain his plans for a canopy to take care of buses and cars discharging people in bad weather. Councilman Waterman asked what parking facilities are being planned. Mr. Briggs said there will be room for 230 cars provided on the elevated parking plaza and during construction he is proposing to grade and prepare 2 parcels north of Myrtle Avenue, owned by the County Park Commission. Councilman Kane asked about an escalator. Mr. Briggs said he intends to mention this in his report. Mr. A. W. Bogardus, 17 Overlook Terrace, asked Mr. Briggs if he could give some estimate of when the temporary bridge might be commenced. Mr. Briggs said as of the present time, it would seems to him that it is reasonably certain a contract will be let by early summer on the shelter and an immediate start will be made on the temporary bridge. The Supervisor thanked Mr. Briggs for his explanation to the Board. Councilman McKeever introduced Mr. Ralph Cronquist who, he said, was present here on the matter of the Prince Willows Sewer Exten- sion, as was also Mr. George F. Shaskan, Jr. , 22 Doris Road. Mr. McKeever then read a letter addressed to Mr. Thomas S . Gregory, M. E. , dated February 7, 1955, from Mr. R. M. McLaughlin, Director of the Division of Sanitation of the County of Westchester, in reply to a letter, dated February 3rd, which Mr. Gregory had written him in the matter of the proposed sewer extension in the Prince Willows area. Both letters were received and filed, Mr. Delius said it would, of course, be necessary to hold a public hearing in this connection and there was thereupon some discussion as to just how soon such a public hearing could be held. However, Mr . Delius stated that, notwithstanding the letter from Mr. McLaughlin, he would recommend that approval and permit should first be obtained from the Water Pollution Control Board of the State of New York. After some further discussion, on motion by Supervisor Mandeville, seconded by Councilman McKeever, it was unanimously RESOLVED that Thomas S. Gregory is hereby authorized to apply to the New York State Department of Water Pollution Control Board in Albany, New York, for the approval of plans and a permit to discharge sewage in connection with the extension of Sewer District No. 1 in the Town of Mamaroneck to include premises described in a petition dated October 26, 1954, and to sign on behalf of the Town of Mamaroneck, any application or other documents required to obtain such approval and permit . The Board not took up the matter of the amendment of the Zoning Ordinance, on which matter a public hearing had been held by this Board at its meeting of February 16th. The Town Attorney presented a Certificate from the Assessor, dated February 23, 1955, stating that he had examined the petition filed by property owners on the Boston Post Road and the letter from Rudy Novak protesting against the proposed zoning, and that he had checked all of the areas in the Town which would be affected by the contemplated zoning change, and finds that the persons who have signed the protest, including Rudy Novak, represent more than 20% of the area which would be affected by such a zoning change. (The Town Attorney had stated at the previous meeting that in this event, an affirmative vote of 4 °members of the Board would be required to effect a change of zoning) . Mr. Delius reviewed the matter for Councilman Kane and the Super- visor and McKeever opposedit . The Supervisorthen recommended favored and Brush e adoption amendment Councilmen e the -- amendment be made creating a 5-foot side set-back instead of 10 feet. On motion by Supervisor Mandeville, seconded by Councilman Brush, it was RESOLVED that the Zoning Ordinance of the Unincorporated Part of the Town of Mamaroneck, originally adopted June 21, 1922, and last amended July 1, 1953, is hereby amended by adding a new subdivision to Article III Section 13, to be known as Subdivision 7, which shall read as follows : 7. Notwithstanding anything to the contrary herein contained, a corner lot in a Class C District (Business) where one side of the lot fronts on a main thoroughfare and another side of the lot fronts on a side street, and which lot is adjacent to a residential Use District, shall have a minimum side yard on the side street of not less than 5 feet. The vote recorded on this resolution was as follows : AYES : Supervisor Mandeville Councilmen Waterman, Kane, and Brush NOES : Councilman McKeever Mr. George De Francesco, 704 Forest Avenue, appeared to receive a report on the matter of his request to have the bus stop shack at the corner of Forest Avenue and Weaver Street, removed. The Supervisor advised him that he would receive a report directly from the Police Chief. The Supervisor requested a resolution approving collection of taxes by the Receiver of Taxes of the 1955 State, County, and Town taxes in 2 instalments . On motion by Councilman McKeever, seconded by Councilman Kane, it was, upon roll call, unanimously RESOLVED that, pursuant to Section 96A of Chapter 60 of the Consolidated Laws as amended, known as the Tax Law, the Receiver of Taxes and Assessments of the Town of Mamaroneck is authorized to collect the 1955 State, County, Town and District taxes and water rents which become a lien January 1, 1955, in two partial payments, each amounting to fifty per cent of the total of said taxes and water rents. FURTHER RESOLVED that the Receiver of Taxes and Assessments is authorized and empowered to receive such partial payments or instalments of taxes and water rents at any time prior to the sale of tax liens but subject to the same penalties as are specified and provided in Section 542 of the West- chester County Administrative Code for the neglect to pay the total amount of said taxes and water rents. 3 FURTHER RESOLVED that the acceptance of any such partial payments or instalments of the 1955 taxes and water rents, shall not be deemed to affect in any manner, any right of the Town of Mamaroneck, under any general or special law, to enforce collection of any unpaid balance of such taxes and water rents as may remain due and owing to the Town of Mamaroneck, but such rights and powers shall remain in full force and effect to enforce the collection of the unpaid balances of such taxes and water rents together with interest, penalties and other lawful charges . On motion by Councilman McKeever, seconded by Councilman Kane, it was, upon roll call, unanimously RESOLVED that, in accordance with the provisions of Section 550 of the Westchester County Administrative Code, "The Daily Times" , the official newspaper published in the Village and Town of Mamaroneck, be and it hereby is designated as the newspaper in which the Receiver of Taxes and Assessments shall publish the notice of the collection of State, County, Town and District taxes and Water rents; and be it FURTHER RESOLVED that said publication be made on March 9, 1955, in the Daily Times ; and be it FURTHER RESOLVED that, in accordance with the provisions of Section 550 of the Westchester County Administrative Code, the Town Board do and it hereby does direct the Receiver of Taxes and Assessments to mail to each taxpayer of the Town of Mamaroneck, whose address is known to said Receiver of Taxes and Assessments, a tax bill for all taxes and water rents, the expense thereof to be a Town charge. The Supervisor requested a resolution setting a date for the next -- public auction of Town-owned property and on motion by Councilman McKeever, seconded by Councilman Waterman, it was, upon roll call, unanimously RESOLVED that the date for the next public auction of Town-owned property be and it hereby is set for March 23, 1955, at 8 P. M. in the Court Room at Police Headquarters, 11 Edgewood Avenue, Town of Mamaroneck. The Town Attorney presented a letter from the County of Westchester regarding the taking over by the County, of the pumping stations in the Town of Mamaroneck. This letter was referred to Councilman McKeever and Mr. O'Brien for report. The Town Attorney presented a Consent of the Town Board to the annexation of certain property near the reservoir, in connection with which the Town Board held a public hearing on February 199 1955 at which time the annexation was approved. The Supervisor and all Councilmen signed the Consent and the Clerk was directed to .forward all necessary papers to the Village of Mamaroneck. Mr. Delius presented a letter dated February 17, 1955, addressed to himself from Mr. J. A. Brady, County Assistant Engineer, reply- ing to a letter of Mr. Delius, advising that the Department of Public Works will grant a permit to the Town of Mamaroneck for the placing of 4 feet of concrete sidewalk in back of the curbing on Weaver Street as shown on blue print which accompanied Mr. Delius' letter, but insisting that at least 1 foot of dirt area be provided between the back of the curbing and the nearest edge of the sidewalk. S No action was taken on this . There being no further business, the Board adjourned and immediately reconvened as the Board of Fire Commissioners . The Clerk presented and read a letter, dated February 22, 1955, from Arthur M. Brown, Secretary of the Fire Department of the Town of Mamaroneck, giving the names of members nominated at the annual meeting of the Department, to hold office for the year 1955. On motion by Councilman Waterman, seconded by Councilman McKeever, it was unanimously RESOLVED that the following officers nominated by the Town of Mamaroneck Fire Department to hold office for the year 1955, be and they hereby are approved: Dominic lanello Chief Edward L. Leone First Deputy Chief Lennert Johnson Second Deputy Chief Arthur M. Brown Secretary Harold 0. Thomsen Treasurer Dr. Charles Weller, Jr. Surgeon Monsignor John J. Flynn Chaplain Joseph A. Garofalo Sergeant-at-Arms The Clerk presented the Fire Chief's Report for 1954 which was duly noted by the Board, after which the Fire Department was highly commended for its excellent work. There being no further business to come before the Board, it adjourned at 10 P. M. to meet again on March 23, 1955. r