HomeMy WebLinkAbout1955_07_13 Town Board Minutes 2,17
MINUTES OF A SPECIAL MEETING OF THE TOWN BOARD OF THE TOWN OF MAMARO-
NECK, HELD JULY 13 , 1955, IN THE AUDITORIUM OF THE WEAVER STREET FIRE
HOUSE, TOWN OF MAMARONECK.
The Supervisor called the meeting to order at 8: 51 P. M.
PRESENT: Supervisor Mandeville
Councilmen Waterman, Brush, and Kane
ABSENT: None
Presence was also noted of Mr. Gronberg, Town Clerk, and Mr. Delius,
Town Attorney.
Supervisor Mandeville welcomed those present and said the Board
would conduct a short business meeting and then go into the public
hearing.
The minutes of June 1st, 1955, were approved as presented.
The Town Clerk presented a request from Mr. Henry R. Dillon, Receiver
of Taxes , dated July 11, 1955, to cancel a tax of 1891, sale of 1892,
in the amount of $1 .66 on Block 830 Parcel 222 .
Upon recommendation by the Town Attorney, on motion by Councilman
Brush, seconded by Councilman Kane, it was unanimously
RESOLVED that the following tax lien or lease
appearing on the records 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 Mamaroneck:
Map of 1st subdivision, Grand Park Lot 138
(present description - Block 830 Parcel 222)
Tax of 1891 , Sale of 1892, Amount - $1 .66
The Clerk presented and read a letter dated July 11, 1955, from the
Board of Police Commissioners, approving the appointment of William
H. O'Rourke, Ronald Boerner and Hugh McGinley, to the Town of
Mamaroneck Police Department .
On motion by Councilman Waterman, seconded by Councilman Brush, it
was, upon roll call, unanimously
RESOLVED that the following:
William H. O'Rourke, Mamaroneck, N. Y.
Ronald Boerner, Croton, N. Y.
Hugh McGinley, Harrison, N. Y.
be and they hereby are appointed Probationary
Patrolmen in the Town of Mamaroneck Police
Department, effective August 1, 1955, at a
starting salary of $4,280.
The Clerk presented a letter dated June 14, 1955, from the Board of
Police Commissioners , recommending the attendance of Chief Yerick at
the Conference of the New York Sta.te Association of Chiefs of Police
and the Conference of the International Association of Police Chiefs .
On motion by Councilman Waterman, seconded by Councilman Brush, it
was unanimously
219
RESOLVED that Chief Yerick be and he hereby is authorized
to attend the 1955 Conference of the New York State Associa-
tion of Chiefs of Police to be held in Buffalo, New York, on
July 26, 27, and 28, with expenses not to exceed $125 to
be paid out of the item in the budget appropriated for
travelling expenses .
FURTHER RESOLVED that Chief Yerick be and he hereby is
authorized to attend the 1955 Conference of International
Association of Police Chiefs to be held in Philadelphia,
Pennsylvania, on October 3, 4, 5, and 6, with expenses
not exceeding $150 to be paid out of the item in the
budget appropriated for travelling expenses .
The Clerk presented a. petition received from Mr. McEvoy, Assessor,
dated July 12, 1955, requesting approval of the Town Board of
corrections to the Assessment Roll Maps as of June 1, 1955.
On motion by Councilman Brush, seconded by Councilman Waterman, it
was, upon roll call , unanimously
RESOLVED that the Town Board hereby approves the
changes made in the Assessment Maps of the Town
of Mamaroneck as of June 1 , 1955, and said maps
are hereby corrected and rectified as of June 1,
1955, in the following places :
Page 102 Page 123 Page 201 Page 215 Page Index
103 124 202 216 Filed Map
104 125 203 217 304
105 126 204 220 305
107 127 206 221 313
110 130 207 222 314
112 131 209 223 325
114 132 210 224 327
116 133 212 225 328
213 226
214 227
Page 329 Page 403 Page Index Page 601 Page 612
330 404 Filed Map 602 613
333 405 501 603 614
341 409 502 604 615
344 410 503 605 616
345 411 506 607 617
346 412 509 609 618
347 413 510 610 619
414
417
Page 702 Page 716 Page Index Page 817 Page Index
703 717 801 818 901
704 718 803 820 902
705 720 804 821 903
707 721 805 822 906
709 722 806 823 907
710 723 807 824 908
712 726 808 826 910
714 729 809 827 911
715 810 828 912
812 829 914
813 832 915
814 834 916
815 917
919
920
221
Page Index Page Page Page Page Page
922 930 937 942 950 962
923 932 938 946 955 964
924 934 939 947 956 965
925 935 941 949 958 966
The Town Clerk presented a recommendation, dated July 12, 1955, from
Mr . O'Brien, Superintendent of Highways, for the installation of
three new street lights at a total cost of not more than $445,
and on motion by Councilman Kane, seconded by Councilman Waterman,
it was, upon roll call, unanimously
RESOLVED that the Superintendent of Highways be and
he hereby is authorized to instruct Consolidated
Edison Company to install three new street lights
at a total cost of not more than $445, at the
following locations :
Boston Post Road at Dillon Road, Mercury Vapor
Weaver Street at Maple Hill Drive, Mercury Vapor
Rock Ridge Road - Pole No. 6, 1000 LM - residential
The Town Clerk presented the following:
Town Clerk's Report for June, 1955
Report of Receiver of Taxes and Assessments for June, 1955
Building Inspector's Report for June, 1955
Report of Westchester Shore Humane Society, Inc . , for June, 1955
Statement of Bank Balances as of July 1, 1955
Summary of Receipts and Disbursements, January 1 to May 31, 1955
Analysis of Budget Appropriations and Expenditures , January 1 to
May 31, 1955
Analysis of Estimated Revenues , January 1 to May 31 , 1955
List of Claims Audited and Paid by the Comptroller from June 1 to
July 1, 1955
The Clerk presented Affidavit of Publication of Notice of Plumbing
Examination, together with Reports of Mr. Victor J. Kriss , Chairman
of the Board of Plumbing Examiners , in which he states that the
following passed the examination:
George H. Caponera, 135 Macri Avenue, White Plains, N. Y.
C . J. Mullins, Jr. , 236 Webster Avenue, New Rochelle, N. Y.
For the record, the Town Clerk presented Report of Examination
of the Department of Audit and Control of the State of New York,
covering the period - January 1 , 1952 to December 31, 1953 . He also
informed the Board that the Notice of Receipt of same had been
published in the Daily Times .
The Clerk presented the Report of Glick-Freedman, Certified Public
Accountants, covering the period - January 1, 1954 to December 31, 1954.
The Clerk presented a letter dated June 13, 1955, from Mr. George
S . Haight, General Superintendent of the Westchester County Park
Commission, together with agreement in triplicate providing for
the further extension of lease with the County Park Commission,
dated May 7, 1948, covering the use of portions of several
parcels of vacant land situated on Sheet 10A, Pelham-Port Chester
Parkway for a further period of one year, ending April 30, 1956,
at the same annual rental of $5.
223
On motion by Councilman Brush, seconded by Councilman Kane, it was ,
upon roll call , unanimously
RESOLVED that the Supervisor be and he hereby is
authorized to sign the agreement with the Westchester
County Park Commission which provides for the further
extension of lease with the County Park Commission,
dated May 7, 1948, covering the use of portions of
several parcels of vacant land situated on Sheet 10A
Pelham-Port Chester Parkway for a further period of
one year ending April 30, 1956, at the same annual
rental of $5.
The Supervisor presented a claim in the amount of $78.30 covering
expenses of Mr. McEvoy, Assessor, for attendance at the New York State
Building Officials ' Conference.
On motion by Mr. Kane, seconded by Mr. Brush, it was, upon roll call,
unanimously
RESOLVED that the claim in the amount of $78.30 for
expenses in attendance of Thomas J. McEvoy at the
Building Officials ' Conference, (State of New York)
held in Buffalo on June 15, 16, and 17, be and it
hereby is approved .
Mr . Price Topping presented a petition which is an exact copy, he said,
of one previously filed, asking that premises known as 65 Palmer
Avenue be re-zoned from District B-2 Residential to District A
Residential .
On motion by Supervisor Mandeville, seconded by Councilman Waterman,
it was, upon roll call, unanimously
RESOLVED that the Town Clerk be and he hereby is
instructed to publish the following notice in the
Daily Times :
PUBLIC NOTICE
PLEASE TAKE NOTICE that a public hearing will be held by the
Town Board of the Town of Mamaroneck, pursuant to Section 264
of the Town Law, in the auditorium of the Weaver Street Fire
House, at the corner of Weaver Street and Edgewood Avenue in the
Town of Mamaroneck on August 10th, 1955, at 8 : 15 P. M. , to
consider an amendment to the provisions of the Zoning Ordinance
of the Town by changing the map accompanying and forming part of
said Ordinance so as to show the following described property to
be in an "A" Residence Zone instead of a "B-2" Residence Zone,
which is the present zoning:
BEGINNING at a point on the northwesterly side of Palmer
Avenue where the same is intersected by the boundary line
between the Village of Larchmont and the Town of Mamaroneck ;
thence running northwesterly along the boundary line between
the Village of Larchmont and the Town of Mamaroneck, 392 .7
feet to a point which is the northwesterly corner of the
parcel herein described ; thence running northeasterly
along the boundary line between lands of the New York,
New Haven & Hartford Railroad Company and lands now or
formerly of Smith, 241 .65 feet to the northeasterly corner
of the parcel herein described ; thence running southeasterly
along the boundary line between lands of Foote and Smith,
388 feet to a point on the northwesterly side of Palmer
Avenue ; thence running southwesterly along the northwesterly
225
side of Palmer Avenue, 214 .74 feet to the point or place
of beginning; said parcel being known as Block 410 Parcel
1 on the Assessment Map of the Town of Mamaroneck and
owned by Douglas Smith.
Following is a map or diagram showing the location of the property.
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TAKE FURTHER NOTICE that all persons interested will have an
opportunity to be heard at the above stated time and place.
Mr. Topping then called attention to a petition filed in July of 1953,
asking that apartment houses be limited to 2 stories , similar to
the Villages of Larchmont and Mamaroneck, which petition, he said,
although filed two years ago, has not, as yet, been acted upon. The
petition requests that amendments be made to the ordinances of the
Town so that the same shall provide that each multiple dwelling
hereafter erected in the unincorporated part of the Town of
Mamaroneck shall meet all the following requirements:
(1) It shall exceed neither two stories nor 25 feet in height .
(2) Together with all accessory buildings and garages, it
shall not occupy more than 35 per cent of the lot area.
(3) No part of its roof area shall have a pitch of less than
30 degrees from horizontal .
227
(4) It shall provide on the same lot at least 160 square
feet of readily accessible parking or garage space for each
dwelling unit, at least 50% of which parking or garage space
shall be enclosed and no part of which shall encroach on the
front or side yards required under the said ordinances .
(5) No wall of any such multiple dwelling or accessory
building or garage shall be erected within 20 feet from
any street or lot line .
(6) It shall provide no more than 20 dwelling units in any
building and that the average livable area of such dwelling
units shall be at least 750 square feet .
After some discussion with the Town Attorney, it was decided by the
Board that the limitation should be for apartments of 3 stories ,
not more than 40 feet and that all such apartments should be made
fireproof within the provisions of the Building Code.
On motion by Supervisor Mandeville, seconded by Councilman Waterman,
it was, upon roll call , unanimously
RESOLVED that the Town Clerk be and he hereby is
instructed to publish the following notice in the
Daily Times :
PUBLIC NOTICE
TAKE NOTICE that the Town Board of the Town of Mamaroneck will
hold a public hearing, pursuant to Section 265 of the Town Law, in
the Auditorium of the Weaver Street Fire House, Weaver Street and
Edgewood Avenue in the Town of Mamaroneck, on the 10th day of
August, 1955, at 8: 15 P. M. , to consider the following amendments
to the Zoning Ordinance and Building Code of the Town of Mamaroneck:
ZONING ORDINANCE
(1) To amend Article IV, Section 15, as last amended, so as
to provide that a B-2 Height District shall be a 40-Foot Height
District, instead of a 70-Foot Height District.
(2) To amend Article IV, Section 17, Subdivision (c) so as to
provide that in a Graduated Height District - B, a building occupy-
ing more than forty percent of the lot area shall not be erected
to a height greater than three sotries , nor more than forty feet .
(3) To amend Section 14-A as last amended , so as to read
as follows :
In an Area District, other than Area District AA, a residence
structure permitted in a more restricted district may be erected ,
provided that if it is a one-family dwelling, it shall conform with the
requirements of Area District A, and provided that if it is a two-
family dwelling, it shall conform with the requirements of Area
District A-2, and provided that if it is a group, or community
dwelling, it shall conform with the requirements of Area District
A-3, and provided further that in a C or D Use District, a multiple
dwelling residence structure permitted in a B, or B-2 Use District,
may be erected, provided that it shall conform with the requirements
of Area and Height District in a B or B-2 Residence District, and
also with the provisions of Article IV, Section 16-B of this
Ordinance .
229
(4) To amend Article IV, Section 18, as last amended, so as
to provide that in a B-2 Residential District, no building shall be
erected to exceed forty feet in height, or three stories , subject to
the exceptions contained in Section 19 of Article IV.
(5) To add a new section to Article IV to be known as Section
16-B to read as follows :
Section 16-B. Any multiple dwelling erected in a B, B-2, C,
or D Use, Height, or Area District, and which, by the terms of this
Ordinance is limited to a height not exceeding three stories or forty
feet, shall have a pitched roof of not less than 30 degrees, nor
more than 60 degrees .
Multiple dwellings , wherever erected , shall be provided with paved
private yard area, or garage space, or both, sufficient in size for
the accommodation at one time of as many motor vehicles as there are
families provided for .
(6) To amend Article II , Section 3, Subdivision 7 as last
amended, so as to provide that no accessory building shall be
used as a home or permanent residence, except for persons who are
employed in domestic service upon the premises of which the accessory
building is a part .
(7) To amend Article VII by adding a. new section to read
as follows :
Section 27-A. No lot area shall be reduced or diminished so
that the area of the lot, yard,or other open space shall be less
than prescribed by this Ordinance .
BUILDING CODE
(1) To amend Article IV, as last amended, by eliminating the
provisions of Section 3, Subdivision (c) , and repealing Subdivision
(a) of Section 4, Article IV, and substituting a new Subdivision
(a) , Section 4, Article IV to read as follows :
Multiple dwellings in B-2, C , and D, Use, Area and Height
Districts as defined in the Zoning Ordinance of the Town of Mamaro-
neck, shall be not more than three stories , or forty feet in height .
(2) To amend Article II , Section 22, so as to read as follows :
Penalty. Any violation of this Ordinance is an offense and is
punishable by a fine of not more than One Hundred ($100) Dollars ,
or by imprisonment in case of default of payment of fine for one
day for each dollar of the fine, but not exceeding thirty days .
Such violation shall also subject any person violating the same to
a penalty in the sum of One Hundred ($100) Dollars recoverable in a
civil action brought by, or on behalf of the Town of Mamaroneck.
When a violation of any part of the provisions of this Ordinance
is continuous, each twenty-four hours thereof shall constitute a
separate and distinct violation .
TAKE FURTHER NOTICE that all persons interested will have an
opportunity to be heard at the above stated time and place .
The Clerk presented a letter, dated July 13, 1955, from Mr. Hunter
Meighan, attorney for residents of the Hommocks area, requesting a
change in zoning of property along Hommocks Road, from Residence A
to Residence AA. A map showing the property to be rezoned was
attached, as was also a memorandum to the Supervisor from the
Assessor, recommending the change of zoning.
231
On motion by Supervisor Mandeville, seconded by Councilman Waterman,
it was, upon roll call , unanimously
RESOLVED that the Town Clerk be and he hereby is instructed
to publish the following notice in the Daily Times :
PUBLIC NOTICE
PLEASE TAKE NOTICE that a public hearing will be held by
the Town Board of the Town of Mamaroneck, pursuant to Section 264
of the Town Law, in the auditorium of the Weaver Street Fire
House, at the corner of Weaver Street and Edgewood Avenue in the
Town of Mamaroneck, on August 10th, 1955, at 8: 15 P. M. , to
consider an amendment to the provisions of the Zoning Ordinance
of the Town, by changing the map accompanying and forming part of
said Ordinance so as to show the following described property to
be in an "AA" Residence Zone instead of an "A" Residence Zone,
which is the present zoning:
BEGINNING at a point on the boundary line between the Village
of Larchmont and the Town of Mamaroneck where the same is
intersected by the block boundary between blocks 413 and
415 as shown on the Assessment Maps of the Town of Mamaro-
neck ; thence from said point of beginning, along said block
boundary line in a northeasterly direction to the southerly
side of Eagle Knolls Road as shown on Map of Eagle Hommocks ,
Town and Village of Mamaroneck, Westchester County, N. Y . ,
made by A. J. Foote, July 10, 1929, and filed in the County
Clerk's Office, Division of Land Recrods as Map No. 3571 ;
thence along the southerly side of Eagle Knolls Road to the
intersection of the boundary line between the Village and
Town of Mamaroneck ; thence in a southeasterly direction
along the boundary line between the Village and Town of
Mamaroneck, to the waters of Larchmont Harbor ; thence along
the high water line of Larchmont Harbor in a general south-
westerly and northwesterly direction to the boundary line
between the Village of Larchmont a.nd Town of Mamaroneck;
thence along said boundary line in a generally northwesterly
direction to the point or place of beginning.
Following is a map or diagram showing the location of the property.
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233
TAKE FURTHER NOTICE that all persons interested will have an
opportunity to be heard at the above stated time and place .
Supervisor Mandeville addressed the meeting in connection with the
public hearing which would now be held, and thanked the Planning
Board for their untiring efforts in connection with the Guadagnolo
application. He said they had had it before them twice and had done
an excellent job of considering it . The Town owes them a debt of
gratitude. He then introduced Mr . Wullschleger, the Chairman of
the Planning Board .
Mr . Mandeville then said he wished to make his position clear in
this matter. His firm sold most of the land to Mr . Guadagnolo.
The commission involved was $2, 500 .
He went on to say that there were 4 members of the Town Board present
at this hearing (one of the members having resigned from the Board)
and unless the 4 members vote for a change, the zoning will stay
as it is .
Mr . Mandeville explained, in reply to a question by Mr. Wanshel,
that the real estate deal is closed and that his representative
had made it plain to the purchaser that he was buying this property
at his own peril . The Supervisor said he had had nothing to do
with the transaction .
Mr . John M Palmer, 105 North Chatsworth Avenue, spoke from the
floor and asked , "if we don ' t like the decision of the Board, how
do we get rid of it?"
Mr. Mandeville then introduced the Board members and noted the
length of their terms of office and the respective expiration dates
of each.
Mr. Edward Mahoney, 30 Concord Avenue, asked if, under the contem-
plated re-zoning, apartment houses could be guilt on the property,
and Mr . Delius answered that they could
In answer to a question from the floor as to whether only property
owners would be permitted to speak at this hearing, the Supervisor
said he thought that anyone who lives in the Unincorporated Area
should have a right to express an opinion. He then polled the
Board and this opinion was unanimous .
Mr. Wanshel explained that the original application was withdrawn in
this matter because one of the pieces of property was owned by a
woman who had been confied to an institution and it took some time
to take this matter through the courts . He said they now own all
the property and ask that it be re-zoned, only on the condition
that it will be used for the purpose for which it will be re-zoned .
He said they would suggest that this condition be made part of the
record or resolution.
He presented a picture of the proposed shopping center .
He said the building will not cover the entire property and will
have a recessed parking area. It will be landscaped and shrubbed
and on all four sides there will be access and parking. The entire
space will be shrubbed off from the rest of the community.
He then presented plans of the proposed shopping center, and blue-
prints showing the proposed use of the land, indicating a service
garage and seven stores . The garage, he said , will be eliminated
if the Board so specifies . Mr. Wanshel also presented a blueprint
showing the distances from the nearest houses to the building line
of the property in question.
He went on to say that this land has been lying fallow for over 40
years and he presented and read a letter from A. J. Foote, former
235
Engineer for the Town of Mamaroneck. Also presented by Mr . Wa.nshel,
Maas a. blownup article by A. W. Lockyer, which appeared in the New
York Telegram and Sun. Mr . Lockyer is an appraiser for the New
York State Thruway Authority.
Mr . Wanshel said that some indication of the value of this land is
the fact that the Town Board sold 30, 000 square feet immediately
adjacent to the site in question, for $1,400 in February of this
year, at an auction sale where there was public bidding.
&.r . wanshel feels the Board has a. duty and obligation to property
in this Town. If it cannot be used for purposes for which it is
zoned, it must be re-zoned. Be then presented a. petition signed by
601 people as;.ing for the re-zoning, and said there are many nar,es
on the petition of people who live in the i edia.te vicinity of
the subject property.
'Mr . VVanshel gave a. short character sketch of Ddr . Cuada,gnolo and than
went on to explain that 'the Thruway will demolish the stores in the
arcade on North. Chatsworth avenue and also that there are n.ew
apartment houses now being constructed in the Town . The Town
already has a. parking problem and when additional people rao% e into
the apartments and there are fewer stores at which to shop, it will
multiply the parking problem,
He presented a photostatic copy of a crap of the land showing part
of the Thruway and the access ramp. He also presented pictures
showing the area..
z'e said fir . Cuada.gnolo had _peen en c€ raged by Hr . Bogardus and others
to believe that this shopping center was needed and wanted, and
had spent his money in good faith to buy and level the land. .
In summing up, Mr . Wanshel said he would aek for a. re-zoning of the
property as a matter of law and of right , !.a had shown, he sand ,
ghat for 40 years the land has not been used as residential property;
that the adjoining land is not residential ; that the Thruway is going
throng: almost adjoining it ; and that if the land cannot be used,
11r. uua.da,gnolo is being deprived of his rights .
Mr . Philip G. Cosy, 69 Vine Road, said he has been a taxpayer in
the Tows, for 16 years and is in favor of the shopping center , He
considers the shopping conditions in the Town of Mamaroneck archaic .
Mr . C . F. Bell, 7 East give, has lived here for 6 years and is a,
taxpayer , xe is in favor of the petition.
Mr . Louis vingesser, an attorney with an office on I: amaroneck Avenue,
Mamaroneck, appeared on behalf of the La.rchmont ;fills Civic Associa-
tion as well as a. number of other home owners in the immediate
vicinity.
He explained that because of the fact that the number of those
protesting, amount to more than 20% of the people affected, under
Section 265 of the Town Law, a. vote of d members of the Board is
required for any change of zoning.
Mr . Zingesser said , on behalf of the people he represents , : he would
appeal to the Board to put a. stop once and for all and by unanimous
vote, to this effort to wreck the finest residential section of the
Town. it is a matter of record that Mr . Gua.dagnolo has coarse before
the Board and asked that this property be down-zoned. . Two years
ago there was another application made to down-zone this property
for an apartment house .
237
He went on to say that there would be nothing to stop Mr . Cuada.gnolo,
if his application were granted and a shopping center should not
prove to be feasable, from building an apartment house . host of
the arguments advanced have no bearing on the question. Where is a
fundamental rule of law that a. request for re-zoning must be in
accordance with a comprehensive plan. This proposal is not in
accordance with any plan and the Planning Hoard has recommended
against it . Therefore, the Town Board has no choice but to deny
the application.
Mr. Zingesser also read a deed restriction in a deed from Rushmore
Realty Construction Co. to Patrick H. Collins, "that no building
for business purposes shall be erected upon said premises" , etc .
This was repeated, he said, in a recent deed .and is contained in
1r . Oua.dagnolo's title policy, or so he believes .
Mr . Harold Archa.umbault, 87 North Chatsworth, has lived in the Town
23 years . He is in favor of the re-zoning.
Mr. Arthur Bogardus, 17 Overlook Terrace, president of Larchmont
Bills Civic Association, presented certain letters in opposition
to the application; cited the present situation with regard to the
zoning of 65 Palmer Avenue ; and noted that his association is
opposed to the application for rezoning by Mr . Ouadagnolo. He
said there are others (Patsy Giacomo in particular) waiting to see
what happens here and then they will apply for a re-zoning on
their property.
Mr . William Watt, 41 Edgewood Avenue, has lived here for 22 years .
He feels there are enough shopping facilities and is opposed to
the application.
i
Mr . Robert Parsons, 42 North Chatsworth Avenue, Nice President of
the Larchmont dills Civic Association, addressed the Board and
— presented certain exhibits which he had prepared . One seemed to be
an assessment snap with the old Pelham-Port Chester Parkway area.
colored in. This area., he claims , acts as a buffer zone between
the residential property and business property. He also displayed
another map snowing property available for business and said there
is enough area zoned commercial (and not in ase) to more than ta.'ke
care of the people displaced by the Thruway.
He believes the Cua.dagnolo property is entirely suitable for one-
family houses because it faces only the entrance and exit to the
Thruway,
Mr. Gerald Sonet, 17 Lafayette Road, registered opposition .
.r . A. J. Strong, 104 Madison Avenue, also registered opposition.
lar . Edward Kazdin, Byron Lane, former president of the American
Institute of Appraisers was called upon to speak and said that from
the standpoint of the welfare of the Community and looking at it
from the , standpoint of taxes , he could see no reason for a. zoning
change .
nrr . Arthur Motley, Chatsworth Gardens Apartments, was also called
upon to speak, and did so in favor of the application.
The following registered opposition:
Kr ,
William Geoghegan, 46 North Chatsworth :a4T'e P?die
Dr . Earl E . Hobson, 25 Echo Lane
Mr . Henry Rothman, 22 Lafayette Road.
Mr. Philip Joseph, 5 Overlook Circle
239
The following registered themselves as being in favor of the
application:
3r- John Bellucci, 10 Cliff Way
H I
r . Hilton Wei-nbraub, 39 Harmon Drive
,K�r. J. ',.Ileiss , 74 Edgewood Avenue , Mr . Weiss said he had been asked
by Mr. Guadagnolo for his opinion, and he had encouraged him to
go ahead with the project .
1111r. Bogardus then introduced Mr. Peter Doern, ex-President of the
Westchester Realty Board, who acted as expert for the Larchmont.
Hills Civic Association . L.Tr . Doern feels it is self-evident that
the decision of the Board to rezone property must be determined
by the balance between the advantages and disadvantages, not only
to the immediate area. affected, but to the entire County, in
accordance with a. plan. There is no question in his mind but that
the disadvantages now only outweigh the advantages but that they
make a ca.se incontrovertibly against such rezoning. There are two
basic controlling --Factors :
(1) If such a commercial development were created on this In-lot, it
w,ould immediately create a tremendous area for shopping,
(2) It would also siphon out of the Village area in Larchmont,
which is part of the Town of Mamaroneck, and those merchants will
suffer in like proportion.
1,,Ir . Lionel Marks, President of Howell Park, Association, said he
wished to convey to the Town Board the unanimous sentiment of the
Howell Park Association against this proposal and any proposal of
this kind .
Mr. Howard Hagenbuch, �',doodbine Park Association of the Vi' llage
of Larchraort , sadd his Association is opposed to the application.
1fir . Lee H. Bloom, 22 Myrtle Boulevard, President of Larchmont
Gardens Civic Association, said that Association is opposed .
Rock Ridge Civic Association registered its opposition .
11r. Wanshel said he wished to go on record as protesting only
homeowners being allowed to speak at th 4 s hearing.
Mr . Percy Bibas presented a resolution adapted by the Realty Board
of Larchmont , protesting the application.
Mr . T%Tatermam suggested- that those in favor of the application
stand up. This was protested and, therefore, not done .
At this point, Mr. Mandeville declared the public hearing closed .
The Supervisor presented a claim received from Mr . Harry Alpiar
on behalf of the Larchmont Soft Ba.11 League for expenses in connec-
tion with the July 4th celebration held at Flint Park, in the amount
of $385.30 . He stated that although this claim is in excess of
the original request, he would recommend its approval .
On motion by Supervisor Mandeville, seconded by Councilman Waterman,
it was , upon roll call, (Councilman Kane not voting) unanimously
RESOLVED that the claim of the Larchmont Soft Ball League
for expenses incurred at the July 4th celebration held
at Flint Park, in the amount of $385.30, be and it
hereby is approved .
41
The Supervisor presented the following petitions received from the
Assessor for the correction of the assessment roll so as to permit
the apportionment of taxes , and on motion by Supervisor Mandeville,
seconded by Councilman Brush, the following resolution eras , upon
roll call, unanimously adopted:
WHEREAS, the Assessor has presented petitions for the correction
of the assessment roll for certain years , pursuant to the provisions
of Section 557, Article 16 of the 7,7estchester County Administrative
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, school taxes
of 1955, and the assessment roll of 1955, taxes of 1956,
which show property now appearing on the roll as follows :
Block Parcel Name Land Improvement Total
814 329 Carolyn Cavaliere $1, 500 $ 9, 000 $10, 500
815 3509 Nathaniel Apsell & Y. 3, 750 11, 750 15, 500
be corrected as follows in accordance with the
provisions of subdivision 5 of Section 557:
Block parcel Name Land Improvement Total
814 329 Carolyn Cavaliere 1, 20:0 9,000 10, 200
814 343 N. Y. State Thruway 3009 300
(1082)
815 350 Nathaniel Apsell &; W. 3, 000 11, 750 14, 750
-_ 315 351 R . Y. State Thruway 750 750
(1071 & 72)
FURTHER RESOLVED that the assessment roll of 1554,
school taxes of 1955, and the assessment roll of
1955, taxes of 1956, which show property now
appearing on the roll as follows :
Block Parcel Name Land Improvement Total
815 830 Berman Schefter & 3, 7503 6, 0005 9, 7543
820 144 .Frank Huber 1, 700 1, 700
be corrected as follows in accordance with the
provisions of subdivision 5 of Section 557:
Blocky I=a.rcet name Land Improvement Totai
315 834 Herman Schefter 9l- r,'Y. 1, 000 1, 000
315 831 tad, Y.�ta.te Thruway 2, 750 6, 0019 8, ant?
8203 144 frank Huber 700 7030
82€3 145 N. Y, State Thruway 1, 0300 1,000
Councilman Brush stated that he had received a number of telephone
calls asking about the status of the road leading out . of the First
National Stores .
The Supervisor informed P,r . Brush that a conference had been held
with the attorneys for Messrs . Bianco and Pepe, and they had asked
for an extension of time which had been granted them.
243
Mr . Brush then remarked that in the resolution adopted by the Town I
Board on rune 13th, the Town Attorney had been instructed to take
immediate action to obtain an injunction against the use of the
driveway or road .
The Supervisor then announced that the `.town !`;ttorngThad submitted
the complaint to him but he had not signed it .
The 'town Attorney stated that he had an affidavit from Carmelino
Venice, the owner and holder of Tax Lien dated November 24, 1137,
covering premises known as Section S, Block 33, lot 15, not Block
€22 , parcel 359 on the Town Assessment Map, in which he states that
he purchased this lien .which covered property at that time owned
by his father, John Venice, and that thereafter his father repaid
him the sum of $13;65; , the amount of the lien, and he delivered to
his father a, satisfaction, but in the meantime , the original lien
was lost, due to the fact that home in which they lived at that
time, ,=ra,s damaged by the floods .
He, therefore, asked that a duplicate lien be issued .
The Town Attorney also presentees an indemnity agreement signed by
John Venice in the usual form.
On motion by Councilman Waterman, seconded by Councilman Brush, it
was, upon roll call, unanimously
RESOLVED, it appearing that Tax Lien. `To. 2455, sold
November 242 1037, covering premises known as Section
3, ;Blocs. 83, Lot 15, now Block S22 parcel 35S, has
been lost and cannot with dace diligence be found, and
that the owner of the premises , John Venice, has
indemnified. the Town against any lass which may
result from the production of the original lien,
—
that a. duplicate -lien be issued by Carmelino Venice ,
the holder of record of the same, in order that it
may be surrendered with his satisfaction, to the
Receiver of Taxes ,
The Town Attorney requested a. resolution authorizing the Supervisor
to sign a release, affidavit of title, and voucher of payment of $17
to the 'Thruway Authority for the sale of part of Bloch 131 Parcel
57 on the Tax Assessment Map of the Town .
Cn motion by Councilman Brush, seconded by Councilman Waterman, the
following resolution; was , upon roll call , unanimously adopted:
WHEREAS, heretofore this Board, by resolution adopted, May 4,
1255, approved the-adjustment agreement between the New Mork State
Thruway Authority and the Town of Mamaroneck for the payment of
x$.173 to the 'down of Mamaroneck for Parcel 426, Map Sao. 496 k-1
of the Thruway Authority which is past of Block 131 ?parcel 57 on
the Tax Assessment Map of the Town; and
i
WHEREAS, such adjustment has been approved by the Superintendent
of public ."forks of he State of New York,
NOW, THEREFORE, BE IT
RESOLVED that the Supervisor is authorized to sign
and deliver to the Thruway Authority, release,
affidavit of title, and voucher for payment of
$170 in the form presented by the Thruway Authority .
The Town Attorney reported that the Water Company requires an ease-
ment on the north side of Dillon road for the purpose of installing
a. new water main for servicing houses built by the Pryer Manor
Development Corp . in a. subdivision .called Roselea. This was
brought about by the fact that Sidney J. Doherty of S Gaillard
Place insisted that he is the owner, notwithstanding the fact that
this has been used as a, street or right of way for many years .
Since, however, no deed or other dedication could be found of this
right of way, the Town Attorney at the Supervisor 's request , had
a. title search made which reveals the fact that Mr . Doherty is .owner
of the north side of this street .
After some discussion, on motion by Supervisor Mandeville, seconded
by Councilman Waterman, it was, upon roll call, unanimously
RESOLVED that the Town Attorney is hereby authorized
to negotiate with Sidney J. Doherty for an easement
in the northerly side of Dillon Road to run from pryer
Manor Road to Gaillard Place, for a. prive not to
exceed $250.
The Town Attorney* stated that a complaint had been received from
persons residing in the neighborhood of the old Prince property
on Old White Plains Road, which had recently been sold to a, Mrs .
George M. "Lynch and has been operated as a nursery school during
the winter months .
The complaint came from Mrs . Morton Levin and Mr. Harry Mabel and
is to the effect that Tars . Lynch has recently constructed a. swimming
pool which has changed the character of her operation, and has made
this a day camp . To further substantiate this, they called atten-
tion to the fact that advertisements have appeared in the Haxmaroneck
Daily Times referring to it as "Saxon Woods Country School" and
also in a publication called "What to do in Westchester" in which
it is also referred to as "Saxon Woods Country School" and the
words "summer camp" etc . are mentioned .
i
Upon receiving this complaint, the Town Attorney said he had
written to Mrs . Lynch, calling attention to the complaints and
stating that he believed she is violating the Zoning ordinance and
that she is operating a summer camp and not a school within the
meaning of the Ordinance and that thereafter, he had received a. letter
from Clark, Gagliardi, Dillon and Gallagher, attorneys representing
Mrs . Lynch, stating that the reference to a. day camp was unfortua.nte,
but insisting that her present operation is not in violation of the
Ordinance .
There was some discussion, during which the Supervisor stated that
the condition had been remedied and that Mrs . Lynch is not now
operating in violation of the Zoning ordinance . No further action
was taken.
The Town Attorney filed a. memorandum with the members of the Board,
giving his legal opinion in connection with the violation of the
Ordinance ,
The Town Attorney stated that in connection with the bond resolution,
including also the referendum for the construction of a. swimming
pool and Town Hall, which resolution, if it is to be voted upon in
the general election must be adopted in September, he had at the
present time not sufficient plans, estimates or any information
concerning the proposed cost of the Town Hall or the site upon �
which it may be built .
After some discussion, the Town Board instructed Mr . Delius to
notify Mr . Ricla d Eggers to make an estimate showing total costs,
and to recommend a. site, including also an estimated purchase
price for the acquisition of the site .
On motion by Councilman Brush, seconded by Councilman Waterman, it
was unanimously
RESOLVED that there is hereby appropriated $2, 400 from
Surplus, to be paid to the firm of Eggers and Higgins for
the preparation of estimates , plans, specifications , etc .
including selection of a site for a new Town Hall .
At this point there was some discussion of the Guadagnolo application
to down one the property located on North Chatsworth Avenue, and it
was suggested that the matter of a zoning change might be submitted
to a referendum vote by the people . The Town Attorney was asked to
render a formal opinion in connection with this subject .
There being no further business to come before the meeting, it
adjourned at 10 :04 A. M. , and immediately reconvened as the Board
of Fire Commissioners ,
Councilman Waterman presented the Fire Department claims which had
been approved by the Fire Chief and audited by the Comptroller, and
on motion by Councilman Waterman, seconded by Supervisor Mandeville,
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 :
The C . G. Braxmar Co. , Inc . $ 40 .42
Burton & Fenton, Inc . 24 .00
Consolidated Edison Co. of New York, Inc . 41 .70
Corbett & Company 734. 65
Home Appliance Company 26.00
Reginald Jubb Garage 120 .07
E . Laptook 2 . 68
McGuire Bros . , Inc . 5 .00
Meola, Paint & Wallpaper Supplies 9 .27
G. W. Merrell, Inc . 6.49
New York Telephone Company 81 .33
Plaza Pharmacy 2 . 56
Tommy's Hardware 20.28
Wesco Fire Equipment and Service 894.60
Westchester Joint Water Works No , 1 22 .15
The Woodhouse Mfg. Co. , Inc . 85030
Hydrant Rental :
Westchester Joint Water Works No. 1 2, 350 .00
New Rochelle Water Company 56 .25
Blase Fatone 35.00
Firest National Stores io .08
G. W , Merrell, Inc . 6 . 55
N. Y. Telephone Company 34.80
Wesco Fire Equipment and Service 522 .25
Total $5, 896. 13
Councilman Waterman presented the Fire Department Report for June, 1955.
There being no further business to come before the meeting, it ad-
journed at 12: 10 A. M , to meet again on August 10, 1955.
&A,"w