HomeMy WebLinkAbout1955_06_01 Town Board Minutes l l
MINUTES OF A REGULAR MEETING OF THE TOWN BOARD OF THE TON OF MAMARO-
NECK, VELD JUNE 1, 1955, IN THE COURT ROOM OF MAKAROIvECK TOWN FOLIC
HEADQUARTERS, TOWIT OF MA?LIRONECa;.
The Supervisor called the meeting to order at 8: 51 P . M.
PRESENT: Supervisor Mandeville
Councilmen Kane, Brush, and Waterman
ABSENT* Done
Presence was also noted. of Mr. Gronberg, Town Clerk, Mr . Delius,
Town Attorney, and Mr . Finson, Town Accountant .
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The minutes of May 4th were approved as presented .
The Clerk presented a. survey of the election districts in the ban-
incorporated. Section of the Town, and recommended the creation of
tour new districts .
°r . B. C . Meighan, Republican Town Chairman, addressed the Board
and stated that inasmuch as this is an "off" year election, he
did not believe it imperative that new districts be created at
this time. He did suggest, however, a meeting of Republican and
Democratic leaders to discuss this matter as has been done in
the past .
E,r. ii?artin Stern, Democratic Town Chairman, addressed the Board
in favor of the creation of the districts and said that if it were
done this year, it would acquaint the voters with their respective
district changes, whereas, next year there will be a large ovte
at the Presidential election. He further stated that he believes
that the Board of Elections will make the changes if the Town
Board fails to do so.
The Clerk, upon inquiry, informed the Board members that the cost
for the additional inspectors and polling places , etc . would be
approximately $1,000, which is not included in the budget .
The Board agreed with Mr. Meighan's suggestion that the leaders
of the two major parties meet and make a report for the next Town
Board meeting.
Mr. Harry Alpiar, who had shown motion pictures of last year 's
July 4th celebration at Flint Park before the meeting, addressed
the Board and requested that $300 be made available for this year 's
celebration which, he said, w4 11 he sponsored by the Larchmont
Legion, Larchmont Fire Department, Larchmont Civic Association,
and Larchmont Soft Ball League, and which has grown to such
proportions that additional funds are needed in order that addi-
tiona.l rides may be provided for the youngsters, some of whom
were unable to use the rides last year . He said that prizes,
ice cream, candy and sandwiches are given to each child who attends .
The Supervisor informed Mr. Alpiar that there is no money in the
budget but that this matter will be given serious thought and he
will bring in a recommendation at the next meeting.
Mr. Morris Karnes, attorney for Marbourne Westchester, Inc.
appeared and stated that he had received a. Report and Estimate
from A. J. Foote, Civil Engineer, in the amount of $ 72004,
coverning certain changes which he believes will make Stonewall
Lane acceptable to the Town Board . He said his client is agree-
able to file a bond in this amount in order to release the Certi-
ficates of Occupancy which are now being held up because of the
condition of the Street.
183
The Supervisor said that the Superintendent of Highways was unable
to be at this meeting because of an accident to a member of his
family but that he had suggested that the amount of the bound
should be increased from $7,000 to $10,000. With reference to the
bond, the Supervisor suggested that it be cash instead of a surety
bond .
Mr. Karnes asked if cash could be released as the work progresses
and was informed that this would be a matter for the Town Attorney
to decide .
Mr. Charles Levitt, 7 Stonewall Lane, speaking for 5 residents of
that area, present at the meeting, thanked the Board and said
that they could "see this matter is in good hands ."
After some further discussion, on motion by Councilman Brush,
seconded by Councilman Waterman, the following resolution was, upon
roll call, unanimously adopted :
WHEREAS, Marbourne 'ffestchester, Inc . is the owner of certain
lots or parcels of land shown on 4 subdivision maps of "Stonewall"
and filed in the County Clerk's Office of Westchester County as
follows :
Map of Stonewall, Section 1, made by A. J. Foote,
October 8, 1952, Pap No. 7537;
Map of Stonewall, Section 2, made by A. J. Foote,
December 29, 1952, Map Igo. 7909 ;
Map of Stonewall, Section 3, made by A. J. Foote,
June 14, 1954, trap No. 9142 ;
Map of Stonewall, Section 4, made by A. J. Foote,
Map No. 9339 ; and
WHEREAS, all of said maps were filed in the County* Clerk's
Office as above stated, prior to the appointment of the planning
Board of the Town of Mamaroneck on July 7, 1954 ; and
WHEREAS , a number of houses have been constructed upon the
lots or parcels shown on said subdivision maps for which either
Certificates of occupancy or Building Permits have been requested,
and the issuance of which have been refused by the Building
Inspector of the Town of Mamaroneck becuase of non-compliance
with Section 280-A of the Town Law insofar as the street or highway
known as Stonewall Lane has not, as yet, been suitably improved
to the satisfaction of the Town Board ; and
WHEREAS, the Town Board has indicated its willingness to
alternatively and in lieu of the completion of suitable improvements
to said street known as Stonewall Lane with respect to paving
and dra.ina.ge, accept a deposit or cash bond of $10,000, as provided
in Section 280-A of the Town Law, for the completion of the pave-
ment and drainage of said street, in accordance with the speci-
fications shown in a report made by A. J. Foote, Civil Engineer,
dated June 1, 1955, which report and specifications are filed
with the Town Clerk; and
WHEFEAS$ it is desired, after the completion of such street
improvements, to dedicate the street or road known as Stonewall
Lane, to the Town of Mamaroneck, as a public highway,
185
NOT?, THEREFORE, BE IT
RESOL17ED as follows
(1) That .wilding Permits for new buildings may be
issued by the wilding Inspector of the Town of Mamaroneck
provided plans and specifications are filed in accordance
- with the provisions of the Building Code, and Certificates
of Occupancy may be issued by the Building Inspector as
provided for in the Building Code, for houses completed
to the satisfaction of the Building Inspector, provided.:
(a) That Marbourne Westchester, Inc . deposit or
cause to be deposited with the Town of Eamaroneck,
the sum of X10,000. which said sun is to be
held by the Town to insure the completion of the
pavement and drainage of said street and street
lights , in accordance with specifications shown
in the Report of A. J. Foote, Civil Engineer,
dated dune 1, 1955, which is filed with the
Town Clerk and incorporated herein by reference
and which sa.id work shall be completed within
120 days from the date of this resolution.
(b) That temporary repairs be made immediately
i .e . before any Building Permits or Certificates
of Occupancy are issued, to• that portion of
Stonewall Lane immediately adjoining Old White
Plains 'Road to the north and not exceeding 368
feet, so as to render this portion of Stonewall
Lane passable .
(2) That the term, manner of modification and method of en-
forcement of the cash bond shall be determined by the Town Board
in substantial conformity with Section 277 of the Town Law.
(3) That Marbourne Westchester, Inc . shall execute and
deliver, or cause to be executed and delivered, to the
Town Attorney, deeds or releases to the bed of the
street known as Stonewall Lane, as shown on maps filed in the
Register 's Office and known as Maps Silos . 7836, 7909, 9124,
and 9339, such deeds or releases to be signed by such
persons and/or corporations, including mortgagees, as
are shown by title search to have any right, title or
interest in the bed of the street .
(4) That Marbourne Westchester, Inc. shall execute and
deliver, or cause to be executed and delivered to the Town
Attorney, a 10-foot drain easement agreement or conveyance
signed by the owner and/or mortgagee of Lot Sao. 7 as shown
on Map of Stonewall, Section 2, filed in the County Clerk's
Office as Map No. 7909, and as shown on Survey made by
A. J. Foote, dated May 31, 1955, for the purpose of draining
the street known as Stonewall Lane .
(5) That Marbourne Westchester, Inc , shall execute and
deliver, or cause to be executed and delivered to the
Town Attorney, an easement to the Town of Mamaroneck
and Westchester Joint dater Works, No. 1, granting the right
to maintain water lines or pipes for the purpose of
furnishing water to the houses constructed or to be con-
structed on the street known as Stonewall Lane .
(6) That the deeds and releases provided for in Section
(3) of this resolution, shall not constitute a dedication,
and the street known as Stonewall Lane shall be deemed to
be a private street until such time as it has been formally
offered for dedication to the public and accepted as a
public street by resolution of the Town Board, or alterna-
tively, until it has been condemned by the Town for use
as a public street .
187
Mr. Jerome Wanshel, representing Mr . Jack W. Strassburg, 167
Hickory Grove drive, East, an applicant for a. 6-foot fence, asked
if the members of the Board had visited the property, and what
was their decision.
The Town Clerk informed the Board that he had visited the property
and had talked with Lrs . Zelda Surge, who presently has a 4-foot
wire fence adjoining Mr . Strassburg's property. The visit, he
said, had been made in the hope of persuading Mrs . Burke to remove
the wire fence . however, she said the fence is needed and she
would prefer to have it remain .
Councilman brush said he was ready to offer a resolution denying
the application of Mrs . Strassburg for a 6-foot fence .
Mr. Wanshel then announced that his client would withdraw the
application.
The Clerk next brought up the application of Mr . William D .
Cayton, 25 Myrtle Boulevard, for a 6-foot fence to be erected in
the rear of his yard for the protection of his daughter who has
been blind from birth, and which application was before this
Board at its last meeting, and had been laid over for consideration.
On motion by Councilman Brush, seconded by Councilman Kane, the
following resolution was, upon roll call, unanimously adopted :
WHEREAS, William D . Cayton, 25 Myrtle Boulevard, heretofore
requested a permit for the erection of a solid board fence, 6 feet
in height, along the southeasterly corner of his property known on
the Tax Assessment Map as Block 216 Parcel 361; and
71HEREAS, the Building Inspector refused to grant such permit
on the ground that construction or erection of said fence violated
the provisions of Section 112 Article 21 of the wilding Code; and
WHEREAS, William D. Cayton has appealed to this board for
modification of the Building Inspector's decision pursuant to
Section 23 , Article 1 of the Building Code so as to allow erection
of said fence,
NOW, THEREFORE, BE IT
RESOLVED that permission is granted to William D . Cayton
to erect a. solid board fence to a height not exceeding
6 feet, on the southeasterly corner of his property
known as block 216 parcel 361 on the 'Tax Assessment
Map of the Town of Mamaroneck, said fence to extend
22 feet from the corner on the easterly side and 27 feet
from the corner on the rear property line.
Mr . Mario Eorenti, an attorney representing several residents
in the vicinity of the exit from the First National Stores onto
Weaver Street, appeared to ask if Mr. Delius had a. report as to
the owners ' intentions with regard to this exit .
Mr. Delius said he had contacted Bianco & Pepe, the owners in
question, and had been informed that this is a private driveway
and not part of the parking area.
Chief yerick was present and stated that he had checked this situa-
tion and he believed the exit had taken pressure off the traffic
at Weaver Street and the post Road and that the exit is used mainly
by people from the Unincorporated Area. He further stated that it
JL89
also takes pressure off traffic at post woad and Rockridge Road.
The check was made on Tuesday, according to the Chief, and 300
cars had used the exit and he did not consider this to be a. hazard.
He went on to state that he had written to the State Traffic Com-
mission, asking that a full-stop sign be posted at this exit and
also that left turns be prohibited. Further, the Chief would
recommend a round corner instead of a. square corner at the exit .
Both nor . Lorenti and qtr. Miller wished to go on record as pro-
testing that this driveway is a violation of zoning and a hazard .
Councilman Kane said he believes this to be a flagrant violation
and suggested that a representative of the Bianco & Pepe orgami-
zation be requested to attend the next meeting of the Town Board .
Mr. Miller said he believes it is the duty of the Board to protect
the property owners in this vicinity as this will certainly affect
the value of their property.
Er. Lorenti concluded by saying that the Town Board should accept
the exit as a street or bring action as a violation of the Zon-
ing Ordinance .
Mr. Irwin Oster, representing the GB and Eli Realty Co. , addressed
the Board with reference to the installation of 230 feet of water
,main in Split Tree Road, with one fire hydrant and asked for the
usual agreement between the Town and the Westchester Joint Water
Rorks .
The Supervisor presented an estimate received from the 17ater Company
in the amount of $1,344.80 for this installation.
On motion by Councilman Brush, seconded by Councilman Kane, it was,
upon roil call, unanimously
RESOLVED that the Town Board hereby approves the usual
agreement between Westchester Joint water Works, Pilo. 1,
GB and EM Realty Co. , and the Town of ?Mamaroneck, for
the installation of an additional 2EO feet of water main,
with one fire hydr:art, to be laid in 'SPlit Tree isoad, at
a total cost not to exceed $1,344.30, provided that
applicant furnish an easement satisfactory to the
Town Attorney.
FURTHER RESOLVED that the agreement provide that refund
up to 90% of revenues derived from the sale of water
to customers along this line or extension, be spade for
a period of 10 years , or until the total aaaaount of the
deposit is refunded, whichever event shall first occur.
The Clerk presented a. request, dated May 24th, from :airs . Ellen
:lade, Larchmont Acres apartments, for the placing of a bench at
the soaethwest corner of Richbell Road and Palmer avenue, for the
confenience of people awaiting for causes .
Chief Yerick said he would recommiend this bench as well as one at
the corner of Forest Avenue and Weaver Street.
The matter wa.s then referred to the Chief for his attention.
The Clerk presented a letter, dated May 24th, frown Louis argenta,
asking for the installation of a street light at the end of Hartung
Street .
This matter was referred to the Superintendent of Highways for
investigation and recommendation.
11
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For the record., the Town clerk presented a resolution from the Village �
of Mamaroneck, approving the sale of Block Slv Parcels 213 and 193
to Pietro Fraioli, in the amount of $550 .
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The Clerk presented the following:
Report of Receiver of saxes for May, 1955
Report of Building inspector for Shay, 1955
List of Claims audited and paid by the Comptroller from May 1 to
June 1, 19=55
Statement of Bank Balances as of June 1 , 1955
Summary of Receipts and Disbursements, January 1 to April 30, "4_9:55
Analysis of Budget Appropriations and Expenditures , January 1 to
April 30, 1955
:analysis of estimated Revenues, January 1 to April 30, 1955
Councilman Brush reported that he had attended a meeting of the
Recreation Commission on May 9th, at which time Mrs . Henry R . Dillon
of the County Recreation Commission, had presented as her guest,
Dr . Sal J. Prezioso, `Superintendent of Recreation of Scarsdale,
who outlined to the members of the Commission, the recreation
program now in effect in Scarsdale . Mr . Brush said the Recreation
Commission had also discussed and made final plans for the 'loam
Golf Tournament .
Mr. Brush reported that he had also attended a meeting of the Park
Commission on May 23rd, when SFr. John Sharbough was elected Chairman
and Mr. John Oliver was welcomed as the new member on the Commission.
Councilman F=ame said he understands that playas Trade some time ago
for a new Town Office, to which reference was made by Mr. McKeever
before he resigned from this Board, are to be found in the Town
Office, if anyone is interested in seeing them.
Sir . Kane then brought up the Pryer Manor 'Bridge matter and was
- informed by Mr . Delius that he is still waiting for figures from the
City of New Rochelle .
The Supervisor presented a. letter dated May 31, 1955, from Mr .
George Straub, Superintendent of the Westchester Joint Water Works ,
Sao. 1, saying that 13 years ago, the Town Council had ordered the
removal of 4 fire hydrants in the Fenimore Road area, and Mr .
Straub now recommends that these hydrants should be replaced . He
estimates the replacement cost to be $925.
On motion by Councilman Lane, seconded by Councilman Brush, it was;
upon„ roll call, unanimously
RESOLVED that the installation of four fire hydrants
to be located at Fenimore Road near Mohegan Road,
Fenimore Road west of Avon Road., Fenimore goad east
of Winding Brook Drive, and Sohegan Road near South
Ridge Road, be and it hereby is approved and that
the cost, estimated by the water Company to be
$925, shall be a. charge against the 'rater Supply
District .
The Supervisor presented a. letter, Gated April 14th, from Yr . Straub,
Superintendent of the Water Company, saying that the New Rochelle
Water Company= has agreed to sell to the Westchester Joint Water Works,
_._-- _
No. 1, :e z.3 feet of �.',-i3:C'"n 6.`aSt ir€d"? S?1a'S;er main in Dillon RL'eY.d, which
still serve the new :ryes Manor development, at a cost of .is 55.
On motion by Councilman Brush, seconded. by Councilman Kane, it was,
upon. .roll call, unanimously
193
RESOLVED that the acquisition of 113 feet of 6" cast
iron water main in Dillon Road and also the six active
water services connected thereto, together with the
water service supplying #3 Gaillard Place, from the
New Rochelle Water Company, -for $250, to be part
of the Water Distribution System in the Town, is
hereby approved .
The Supervisor then presented a letter, dated 34ay 26, 10-55, from
the IMI'anager of the Village of Hamaroneck, saying that the Board of
Village Trustees, in response to an advertisement in the Daily
Times, had received a number of bids for a parcel of property known
as Block 811 Parcel 416, the highest of which was that of Hazel
and Edgar Guthrie, in the amount of $975. The letter further
suggested that as the Town of Mamaroneck now has title to this
property, that the usual resolution be adopted .
On motion by Councilman Kane, seconded by Councilman Brush, the
following resolution was,upon roll call , unanimously adopted :
NFEREAS, the Town of Mamaroneck, through the institution of
actions in the County Court of Westchester County, pursuant to
Article VII-A, Title 3 of the Tax Law, has become and now is the
owner of a certain parcel of real estate known and described as
Block 811 Parcel 411-0 on the Tax Assessment ,11ap of the Town of
11.1amaroneck; and
THEREAS, various bids have been received for said plot or
parcel, of which the highest was the bid made by hazel and Edgar
Guthrie in the amount of $975; 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:
Village Assessed
Purchaser Block Parcel See . Elk. Lot Amount Value Terms
Hazel & Edgar
Guthrie 1811 416 8 10 1, 2,3 975 $1, 200 Cash
FDRTHER RESOLVED that the Supervisor is authorized
and directed to execute and deliver a deed to this
parcel in accordance with the terms and contract of
sale and the Town Attorney is authorized to take
all steps necessary to complete the sale and
transfer this parcel
The Supervisor presented a memorandum indicating that a lien had
been sold by the Town, covering Block 304 Parcel 296, for $162 . 5c,
and later was redeemed by the Dome Owners ' Loan Corporation for
$180.4-0 which represented the face amount with interest and charges .
The Bonded Niunicipal Corp. who purchased the original lien has now
filed a claim for payment, after which they will surrender the
lien.
On motion by Councilman Kane, seconded by Councilman Brush, it
was , upon roll call, unanimously
RESOLVED that payment be made to Bonded 111unicipal
Corp . of $180 .49 for -which claira has been filed
with -the Comptroller, and which represents payment
due them because of redemption of the lien on
premises known as Block 5b4 Parcel 296 ,which 'lien
they purchased at the Tax Sale of 10-33 .
195
The Supervisor reported that the Board of Trustees of the Village
of Eamaronech had by resolution, granted consent to have a house
sewer at 139 Harmon Drive, connected to the Village trunk line .
The Supervisor requested a resolution appointing Messrs . Robert S .
McCoy, S . Mills Harris, and Silvio Rainaldi, to the Board of Review.
On motion by Councilman Kane, seconded by Councilman Brush, it was,
upon roll call, unanimously
RESOLVED that, in pursuance of Section 529 of Chapter
852 of the Laws of 1948 (Westchester County Adminis-
trative Code) the Board of aeview is hereby appointed
to consist of Robert S . McCoy, S . Mills Harris , and
Silvio Rainaldi, being resident tanpayers of the
Town, and who shall serve at the pleasure of the Board .
FURTHER RESOLVED that the compensation of the afore-
mentioned members is hereby fixed in the amount of
twenty-five ($25) Dollars a day but not to exceed
�"250 each
Supervisor Mandeville reported that Mr. McEvoy, the Assessor, had
notified him that the assessment roll for 1955 would be increased
by approximately 4 1/2 million dollars .
The Town Attorney informed the Board members that no definite action
can be taken by the Board on either the proposed Town Hall or the
Swimming Pool more than 45 days before the General Election as,
otherwise, it may necessitate a special election.
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Mr . Delius reported with regard to the lease for property on
Hommocks Road for the Larchmont-Hamaroneck Youth Club, Inc . , that
he had sent a written opinion to Mr . Walter E . Warner, Jr . , the
Chairman of the Recreation Commission.
The Supervisor suggested that no definite position be taken by the
Town Board at this time .
There being no further business , the meeting adjourned at 10: 30
P. M. , and immediately reconvened as the Board of Fire Commissioners .
Councilman Kane presented the Fire Department claims which had been
approved by the Fire Chief and audited by the Comptroller.
On motion by Councilman Kane, 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 :
American La. France Foamite Corporation $29 .7S
Consolidated Edison Co. of New York, Inc . 42.47
Reginald Jubb Garage 157.20
G. W. Merrell , Inc . 43 .60
Memo claim - N. Y. S . Employees ' Retirement
System 4, 931 .44
New York Telephone Company 41 .35
Printeraft 21 . 50
Ward La France Truck Corporation 100 .56
Wesco Fire Equipment and Service 834 .85
Total $6$202 .76
Councilman Kame presented a second group of claims which had been
approved by the Fire Chief but rot audited by the Comptroller .
Can motion by Councilman Kane, seconded by Councilman Brush, it
was , upon roll call, unanimously
RESOLVED that the following described claims be and
they hereby are approved, subject to audit by the
Comptroller, and that the Supervisor and Comptroller
be and they hereby are authorized to pay the same
out of the budget for the Fire Department :
Henigson°s Lumber Company $ 3.25
McGuire Bros . , Inc . 5.50
hlerson Clothes, Inc . 371 .25
New York Telephone Company 32.53
5chombert-^ich & Co. 5.95
Total $ 423 .45
Councilman bane presented. the .Fire Report for May, 3953.
There being no further business to come before the meeting, it
a.d, ourned at 10:40 P. M. , to meet again on June l5th.
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Town 1,k