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HomeMy WebLinkAbout1955_08_10 Town Board Minutes 249 MINUTES OF A SPECIAL MEETING OF THE TOWN BOARD OF THE TOWN OF MAMARONECK, HELD AUGUST 10, 1955, IN THE AUDITORIUM OF THE WEAVER STREET FIREHOUSE. The Supervisor called the meeting to order at 8:15 P. M. PRESENT: Supervisor Mandeville Councilmen Kane, Brush, and Waterman ABSENT: None - Presence was also noted of Mr. Gronberg, Town Clerk; Mr. Delius, Town Attorney; and Mr. Finson, Town Accountant. The Clerk presented affidavit of publication of Notice of Public Hearing to be held by the Town Board, pursuant to Section 264 of the Town Law, in the auditorium of the Weaver Street Firehouse on August 10, 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 Or- ro property known as Block 401 Parcel 1, on dinance, so as to show certain p p y , the Assessment Map of the Town of Mamaroneck to be in an "A" Residence Zone instead of a "B-2" Residence Zone, which is the present zoning, and also affidavit of publication of Notice of Public Hearing to be held at the same time and place, pursuant to Section 265 of the Town Law, to consider amendments to the Zoning Ordinance and Building Code of the Town of Ma- maroneck. In the absence of Mr. Price Topping, Mr. Lionel Marks, President of the Howell Park Association, addressed the Board and ga ve a brief resume of the situation and spoke of the lawsuit pending in White Plains against the present zoning. He said the Town Board is a legislative Board, with juris- diction to take action against apartment houses in the Town, and spoke of the traffic on Palmer Avenue, the fact that schools have reached the satura- tion point here, and of the burden on water and sewer facilities. He con- cluded by saying that this was illegal zoning 20 years ago and that this apartment would be located in an area of single family dwellings. The following registered themselves in favor of the proposed change in zon- ing from residence B-2 to residence A: Arthur Bogardus Larchmont Hills Civic Association Eric Singleton Woodbine Park Association Lee Bloom Larchmont Gardens Civic Association Julian Colyer Larchmont Park Association Marshal de Noyelles, Jr. Rock Ridge Road Civic Association Gerald McGrath Pinebrook Property Owners' Association Mr. Frank Connelly, of the law firm of McGovern and Connelly, New Ro- chelle, New York, addressed the Board on behalf of his client, Mr. Max Block, Jr. , and presented a memorandum concerning the proposed zoning change. He said his client has an unconditional sales contract, dated June 3, 1955, with the present owner, Douglas Smith, to purchase the subject of land bordering property which is a 2-acre tract g the railroad tracks, for $75, 000. He exhibited the said contract to the Board. He further stated that his client is obligated for engineering and architectural fees in the amount of $25, 000. The property, he said, is currently being used as a multiple dwelling for 8 families, and has been so used since 1929. There is approximately $45, 000 worth of rock to be removed from the site and if the change in zoning is made, his client, who is a veteran, will lose his investment. The tracts he said= which is bounded by the railroad tracks, is not suitable for one-family houses. 251 Mr, Connelly went on to say that the petitioners purchased their prop- erty with knowledge of this property and that Mr. A. J. Foote, the ad- joining property owner, has no objection to the erection of an apartment house. He reminded the Board that on January 13, 1954, they had adopted a resolution stating that no further proceedings would be had in connection with this matter and Mr. Block, in purchasing this property, had relied on that resolution. Mr. Connelly further stated that the petitioners had commenced a law- suit and have not put the matter on the calendar for trial. He believes the petitioners should pursue their remedy. He cited the opinion of the Town Attorney and the opinion obtained from Judge Close, as being in favor of the retention of the present zoning. There were protests filed with the Town Clerk in behalf of Douglas Smith and Max Block, Jr. , protesting the zoning change as well as the amendments to the Zoning Ordinance. Mr, Joseph Johnston, attorney for Mr. Douglas Smith, gave a brief history of the entire matter as he saw it, from the time of the purchase of the property by the Smith family up to the present time, and stated that, in his opinion, nothing has changed that would call for any up- zoning at this time. With regard to the other public hearing called for this evening, to amend the Zoning Law (which amendment would affect the subject prop- . erty), Mr. Connelly spoke against the change to 3-story apartments. Mr. Edmund Van Hook and Mr. Louis Bernstein expressed themselves in favor of the zoning change, and Mr. Van Hook referred to a petition he had presented to this Board on July 3, 1953, — Mr. William Ball, Jr. , a member of the Larchmont Village Zoning Board of Appeals, explained the difference between the zoning laws of the Villages of Larchmont and Mamaroneck and those of the Town of Mamaroneck. There was some discussion during which Mr. Kane explained that he would not vote on this because of the action brought by Topping and O'Donnell against the Town which is still pending in Court, and because he feels that this matter should be determined before this Board takes any action. Councilman Waterman then moved and Councilman Brush seconded the following resolution: RESOLVED that the application to consider an amendment to the provisions of the Zoning Ordinance of the Town of Mamaroneck by changing the map accompanying and form- ing part of said Ordinance so as to show certain property known on the Tax Assessment Map of the Town of Mamar- . oneck as Block 401, Parcel 1, be and it hereby is granted and the property known as Block 401, Parcel 1, is hereby rezoned Residence A instead of Residence B-2 which is its present zoning. The vote then taken resulted in Councilman Waterman and Brush voting in favor, and Councilman Kane and Supervisor Mandeville not voting. 253 On motion by Councilman Brush, seconded by Councilman Waterman, (Councilman Kane not voting), the following amendments to the Zon- ing Ordinance were adopted: (1) RESOLVED that Article IV, Section 15, as last amended by resolution of May 19th, 1948, is hereby amended so as to read as follows: SECTION 15, HEIGHT DISTRICT REGULATIONS. For the purpose of regulating and limiting the height of buildings, the Unincorporated part of the Town of Mamaroneck is hereby divided into height districts of which there shall be eight, known as follows: AA, A, A-2 and B-2 (The forty foot height districts) B (The graduated height districts) C and D (The seventy foot height districts) The Unincorporated part of the Town of Mamaroneck is hereby di- vided into the eight districts aforesaid, and the boundaries of such districts are shown upon the amended zoning map attached hereto and made a part of this Ordinance, and except as specifically provided, no building shall be altered, constructed, or raised, so as to exceed the height hereby established for the district wherein such building is lo- cated, and said map and all the notations, references and other items shown therein shall be as such, a part of this Ordinance as though the matters and items set forth by said map were all fully described here- in. The height of such buildings is the vertical distance from the level of the curb opposite the middle of the front of the building to the top of the .enclosure wall or to the highest point of the roof, provided in case of a building located on a terrace, the height of the curb level may be increased by the amount equal to the height of the terrace above the same curb level, but not to exceed five feet and provided further that where the level of the land, according to the Town survey, is above the level of the curb, the vertical height of such building shall be mea- sured from the first floor door sill. Where no curb exists, the height of a building shall be measured by the center of the roadbed, the grade of which shall be established or approved by the Town Board, The forty foot height districts, as outlined on said map, shall be known as height districts AA, A, A-2 and B-2. The twenty-five foot height districts, as outlined on said map, shall be known as height districts A-3. The graduated height districts, as outlined on said map, shall be known as height districts B. The seventy foot height districts, as outlined on said map, shall be known as height districts C and D. (2) RESOLVED that Article IV, Section 17, subdivision (c) is hereby amended so as to read as follows: (c) A building­occupying more than 4016 of the lot area shall not be erected to a height greater than three (3) stories nor more than 40 feet. (3) RESOLVED that Article III, Section 14A, as last amended by resolution of May 19, 1948, is hereby amended to read as follows: 255 SECTION 14A. 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 re- quirements of Area District A-Z, and provided that if it is a group, or community dwelling, it shall conform with the require- ments 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-Z Use District, may be erected, provided that it shall conform with the requirements of Area and Height District in a B or B-Z Residence District, and also with the provisions of Article IV, Section 16-B, of this Ordinance. (4) RESOLVED that Article IV, Section 18 is hereby amended to read as follows: SECTION 18. (a) FORTY FOOT HEIGHT DISTRICTS - B-Z. In the forty foot height districts, no building shall be erected or al- tered to exceed 40 feet or 3 stories in height, except as herein- after provided. (b) SEVENTY FOOT HEIGHT DISTRICTS - C and D. In the seventy foot height districts, no building shall be erected or altered to exceed seventy feet or six stories and basement, in height, except as hereinafter provided. (5) RESOLVED that there be added a new section to Article IV of the Zoning Ordinance to be known as Section 16-B, which is to read as follows: SECTION 16-B. Any multiple dwelling erected in a B, B-Z, 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 ve- hicles as there are families provided for. i (6) RESOLVED that Article II, Section 3, subdi- vision (7), as last amended by resolution of May 19, 1948, is hereby amended to read as follows: 7. Accessory uses customarily incident to the above uses, the term "accessory use" however, not including a business or any building or use not located on the same lot with the building or use to which it is accessory. A garage or stable shall be permitted as per Section 7 of this Ordinance. No accessory building shall be used as a home or perma- nent residence, except for persons who are employed in domestic service upon the premises, of which the accessory building is a part. I 257 (7) RESOLVED that Article VII is hereby amended by adding thereto a new section to be known as Section 27-A which shall 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. On motion by Councilman Brush, seconded by Councilman Waterman, (Councilman Kane not voting), the following amendments to the Build- ing Code were adopted: (1) RESOLVED that paragraph (c) subdivision 3, Section 7, Article 4, and paragraph (a), sub- division 4, Section 7, Article 4, be repealed and that a new paragraph (a) subdivision 4, Section 7, Article 4, be added which shall read as follows: ARTICLE 4 - Section 7 - subdivision 4 (a) Multiple dwellings in B-2, C, and D, Use, Area, and Height Districts as defined in the Zoning Ordinance of the Town of Mamaroneck, shall be not more than 3 stories or 40 feet in height, (2) RESOLVED that Article 2, Section 22, be amended so as to read as follows: SECTION 22. 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 viola- tion of any part of the provisions of this Ordinance is continuous, each twenty-four hours thereof shall constitute a separate and dis- tinct violation. The Clerk presented notice of publication of Notice of Public Hear- ing to be held by the Town Board, pursuant to Section 264 of the Town Law, in the auditorium of the Weaver Street Firehouse, on August 10th, 1955, to consider an amendment to the Zoning Ordi- nance by changing the map accompanying and forming part of said Ordinance so as to show certain property located in the "Hommocks" to be in an "AA" Residence Zone instead of "A" Residence, which is the present zoning. Mr. Hunter Meighan addressed the Board in support of this change, representing the Hommocks Property Owners' Association. Mr. John B. Forrest said he would be in opposition to this change if it would, in any way, impair the chances of locating the Youth Center there, After some discussion, on motion by Councilman Kane, seconded by Supervisor Mandeville, it was, upon roll call, unanimously 259 RESOLVED that the amended Area District Map which is a part of the Zoning Ordinance of the Town of Mamaroneck as amended, is hereby amended and corrected so as to show the fol- lowing described property in Use, Area, and Height District AA (Residence) BEGINNING at a point on the boundary line be- tween 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 Mamaroneck; thence from said point of be- ginning, 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 Records 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 Ma- maroneck; 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 Larch- mont Harbor in a general southwesterly and north- westerly direction to the boundary line between the Village of Larchmont and Town of Mamaroneck; thence along said boundary line in a generally northwesterly direction to the point or place of he- ginning. Follo, )n of the Area, i i i 1 1 1 FURTHER RESOLVED that the Town Clerk is hereby authorized and directed to post and publish a notice of the adoption o f t his resolution as required b Sec- tion tion 267 of the Town Law. 259 RESOLVED that the amended Area District Map which is a part of the Zoning Ordinance of the Town of Mamaroneck as amended, is hereby amended and corrected so as to show the fol- lowing described property in Use, Area, and Height District AA (Residence) BEGINNING at a point on the boundary line be- tween 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 Mamaroneck; thence from said point of be- ginning, 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 Records 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 Ma- maroneck; 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 Larch- mont Harbor in a general southwesterly and north- westerly direction to the boundary line between the Village of Larchmont and Town of Mamaroneck; thence along said boundary line in a generally northwesterly direction to the point or place of be- ginning. Following is a map or diagram showing the location of the property, rezoned and included in the Use, Area, and Height District AA (Residence): 1;50 0 1.7) sy• • QCC c;r � Q° r‘<4G41 \` i vca F `f :TO it FUR' 0�,�‘ eby authc t���� ce of the LARcN�^O— \�\ ec- tion _ ter' i \ PREP cr. .\� p4cy1'o,y t, 0 v t 4 NRR44R SNOW/N4 CHANGE ZN ZONING PROM D/S7R/CT A RES/DENT/AL-ONETAM/LY To D/57.9/cT i1•A"RE5/LENT/AL-ONEMM,LY AOOpTEO BY TOW,11oAR0 RESOL✓T/ON AUo-/0./9SS Tow, OF MwMARoh'F.[/C - W657C.:'ESTiB Co.NY A✓O.//. /955 SCALE/i..400T7' 261 Mr. William Glaser appeared before the Board and stated that he had attempted to obtain from the Building Inspector, a building permit for a house on a private street shown on a certain map, which street is described on this map as Cabalane Road but that the Building Inspec- tor had refused this permit on the ground that the street was not paved and therefore did not furnish proper access to the lot or the house which he intends to build upon it. After discussion, on motion by Councilman Brush, seconded by Coun- cilman Kane, it was, upon roll call, unanimously RESOLVED that the Building Inspector is hereby au- thorized to issue a permit to William Glaser for the construction of a house on property known as Lot 10 on Subdivision Map for Sections 2 and 3, Glen Rock Estates in the Town of Mamaroneck, Westchester County, N. Y. , County Blocks 3959-3960-12565, dated April 23, 1954, and made by Ralph Cronquist, on condition, however, that no certificate of occu- pancy shall issue unless and until the street in front of the premises is improved and paved to the satis- faction of the Superintendent of Highways. In the matter of the Pryer Manor Bridge, there was presented to the Board an agreement between the City of New Rochelle and the Town of Mamaroneck, and on motion by Councilman Brush, seconded by Councilman Waterman, it was, upon roll call, unanimously RESOLVED that the Supervisor is hereby authorized and directed to sign an agreement between the City of New Rochelle and the Town of Mamaroneck, pur- suant to Chapter 445 of the Laws of 1955, providing that the Town of Mamaroneck will share the cost of maintenance including repair and reconstruction of the so-called Pryer Manor Bridge, providing that the cost of construction shall not exceed $28, 000, of which the Town shall contribute one-half. Mr. John Mann, Vice President of the Pryer Manor Tax Payers' As- sociation, and Dr. William Conway, thanked the Board members for their efforts on behalf of the restoration of this Bridge. Mr. John Parsons, 42 North Chatsworth Avenue, appeared before the Board to request that action be taken at this meeting on the matter of the request by Frank Guadagnolo for down-zoning property owned by him, on North Chatsworth Avenue abutting the proposed Thruway. The Clerk presented a letter, dated July 17, 1955, from Mr. Joseph Pittera, requesting that a street light be installed on Lester Place, and that the Police Department patrol the street regularly. - This was referred to the Superintendent of Highways and the Chief of Police. The Clerk presented a letter, dated July 22, 1955, from Patrolman John J. Caputo, stating that he is retiring from the Town of Mamaro- neck Police Force as of August 1, 1955. On motion by Councilman Kane, seconded by Councilman Waterman, it was, upon roll call, unanimously 263 _RESOLVED that the retirement of Patrolman John J. Caputo is viewed with regret by this Board, while at the same time, he is offered the Board's sincere wishes for a happy future. The Clerk presented a letter, dated August 2, 1955, from Police Chief Yerick advising that Patrolman Vincent Mazza, Jr. has resigned from the Police Department as of August 1st, as he intends to move to Florida. On motion by Supervisor Mandeville, seconded by Councilman Kane, it was, upon roll call, unanimously RESOLVED that the resignation of Patrolman Vincent Mazza, Jr. is hereby accepted with regret and he is offered this Board's sincere wishes for a happy future. The Clerk presented a letter, dated July 28, 1955, from Mr. John B. Forrest requesting that the Board retain certain designated property in Town ownership for a period of one year. Mr. Forrest addressed the Board in support of his letter and the Board agreed to the extension of time. The Clerk presented a letter, dated August 2nd, 1955, from Elizabeth W. Schaefer, Executive Director of the Association for the Help of Re- tarded Children, Inc. , asking official permission to solicit funds in the Town of Mamaroneck during the period from November 13th to No- vember 23rd. On motion by Councilman Kane, seconded by Councilman Brush, it was unanimously RESOLVED that permission be and it hereby is granted to the Westchester Chapter of the Asso- ciation for the Help of Retarded Children, Inc. , to solicit funds in the Town of Mamaroneck be- tween November 13 and November 23, 1955. The Clerk presented a message from Ralph Cronquist, dated August 10, 1955, saying that the Prince Willows sewer plan is being submitted to the County Department of Health, (One scheme being with an inverted siphon and the alternate scheme having a pump station and force main), The Clerk presented a letter, dated August 10, 1955, from the Secretary to the Planning Board, stating that at its last meeting, held August 1, 1955, the said Board had decided to recommend to the Town Board that certain property (shown on annexed map) should be rezoned from A-2 Residential to C-Business, Mr. Jerome Wanshel spoke in support of this change. After discussion, the Clerk was instructed to publish the following notice in the Mamaroneck Daily Times: 265 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 September 7th, 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 a C Business Zone instead of an A-2 Residence Zone which is the present zoning: BEGINNING at the corner formed by the intersection of the southerly side of Madison Avenue and the northerly side of Fifth Avenue; and thence in a southwesterly di- rection along the northerly side of Fifth Avenue, 100 feet to a point of intersection of the prolongation of the westerly boundary line of the New York State New England Section Right of Way; thence southeasterly across Fifth Avenue on the prolongation of said westerly boundary line of the New York State Right of Way, to the southerly side of Fifth Avenue;� thence in a southeasterly and southwesterly direction along the westerly boundary line of said New York State Right of Way to its intersec- tion with the easterly boundary line of the Town of Ma- maroneck's 50-foot Right of Way; thence in a northwes- terly direction along the easterly side of the Town of Ma- maroneck's 50-foot Right of Way to the southerly side of Fifth Avenue; thence in a northeasterly direction along the southerly side of Fifth Avenue to a point of intersec- tion of the prolongation of the easterly side of Williams Place; thence northwesterly across Fifth Avenue on the prolongation of the easterly line of Williams Place to the northeasterly corner of Williams Place and Fifth Avenue; thence northwesterly along the easterly line of Williams Place, 100 feet to a point; thence in a northeasterly di- rection, 100 feet distant and at all times parallel with the northerly side of Fifth Avenue; to the southerly side of Madison Avenue; thence in a southeasterly direction, 100 feet to the point or place of beginning. Following is a map or diagram showing the location of the property. 265 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 September 7th, 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 a C Business Zone instead of an A-2 Residence Zone which is the present zoning: BEGINNING at the corner formed by the intersection of the southerly side of Madison Avenue and the northerly side of Fifth Avenue; and thence in a southwesterly di- rection along the northerly side of Fifth Avenue, 100 feet to a point of intersection of the prolongation of the westerly boundary line of the New York State New England Section Right of Way; thence southeasterly across Fifth Avenue on the prolongation of said westerly boundary line of the New York State Right of Way, to the southerly side of Fifth Avenue; thence in a southeasterly and southwesterly direction along the westerly boundary line of said New York State Right of Way to its intersec- tion with the easterly boundary line of the Town of ;Ma- maroneck's 50-foot Right of Way; thence in a northwes- terly direction along the easterly side of the Town of Ma- maroneck's 50-foot Right of Way to the southerly side of Fifth Avenue; thence in a northeasterly direction along the southerly side of Fifth Avenue to a point of intersec- tion of the prolongation of the easterly side of Williams Place; thence northwesterly across Fifth Avenue on the prolongation of the easterly line of Williams Place to the northeasterly corner of Williams Place and Fifth Avenue; thence northwesterly along the easterly line of Williams Place, 100 feet to a point; thence in a northeasterly di- rection, 100 feet distant and at all times parallel with the northerly side of Fifth Avenue; to the southerly side of Madison Avenue; thence in a southeasterly direction, 100 feet to the point or place of beginning. Following is a map or diagram showing the location of the property. MAD/SON AVEN UE Ioo ; 1: , bl49 • tANI 1011 o° �<< <oQ c Z ♦ isl /k' h V. 39 h I! 01 oo MAP S/-/OWING 4- PROPOSED CHANGE IN Z ON/NG FROM DISTRICTA-Z RESIDENT/AL -TwOfAM/LY To O/5 TR/c T•C"5U5✓NE55 70w14 1441,0144oN6c* WESTCNES TZeCo.N.Y. 5ca/e /';� :Zoo"V A corgis//4/955 267 TAKE FURTHER NOTICE that all persons interested will have an opportunity to be heard at the above stated time and place. The Town Clerk presented a letter from the County Transportation Company, dated August 5, 1955, to which was attached a report of operation of buses in the Town of Mamaroneck for the 6 months ended June 30, 1955, and enclosing a check for $149. 85 covering gross earn- ings tax for that period. The Clerk presented the following: Report of Receiver of Taxes and Assessments for July, 1955 Report of Westchester Shore Humane Society, Inc. , for July, 1955 Building Inspector's Report for July, 1955 Town Clerk's Report for July, 1955 Statement of Bank Balances as of August 1, 1955 List of Claims Audited and Paid by the Comptroller from July 1 to August 1, 1955 d Disbursements, January 1 to June 30, 1955 Summary of Receipts an D y Analysis of Budget Appropriations & Expenditures, January 1 to June 30, 1955 Analysis of Estimated Revenues, January 1 to June 30, 1955 The Clerk presented a list of polling places for the purpose of designat- ing a place in each election district of the Town in which a meeting for the registration of voters, election and primaries shall be held in the year following the ensuing 1st day of October. On motion by Councilman Kane, seconded by Councilman Brush, it was unanimously RESOLVED that in accordance with the provisions of Section 66 of the Election Law, being Chapter 17 of the Consolidated Laws of the State of New York as amended, the Town Board of the Town of Mamaroneck hereby designates a place for each election district in the Town at which a meeting for the registration of voters, election and primaries, shall be held in the year following the ensuing 1st day of October, as follows: DISTRICT NO. 1 Mamaroneck Avenue School, Mamaroneck Avenue, Mamaroneck, N. Y. DISTRICT NO. 2 Jeryco Plastics Corp. Building, 431 Fayette Street, Mamaroneck, N. Y. I I 269 DISTRICT NO. 3 Mamaro Fire House, Palmer Avenue, Mamaroneck, N. Y. DISTRICT NO. 4 Central School, Boston Post Road, Mamaroneck, N. Y. DISTRICT NO. 5 Mamaroneck Avenue School, Mamaroneck Avenue, Mamaroneck, N.Y. DISTRICT NO. 6 Chatsworth Avenue School, Forest Park Avenue, Larchmont, N. Y. DISTRICT NO. 7 Chatsworth Avenue School, Forest Park Avenue, Larchmont, N. Y. DISTRICT NO. 8 St. Augustine's School Gymnasium, Larchmont Avenue, Larchmont, N. Y. DISTRICT NO. 9 Chatsworth Avenue School, Forest Park Avenue, Larchmont, N. Y. DISTRICT NO. 10 325 Boston Post Road, Larchmont, N. Y. DISTRICT NO. 11 Chatsworth Gardens Apts. , 14 N. Chatsworth Avenue, Larchmont, N. Y. DISTRICT NO. 12 Murray Avenue School, Daymon Terrace, Larchmont, N. Y. DISTRICT NO. 13 Murray Avenue School, Daymon Terrace, Larchmont, N. Y. DISTRICT NO. 14 Weaver Street Firehouse, Weaver Street, Larchmont, N. Y. DISTRICT NO. 15 School of Sts. John and Paul, Weaver Street, Larchmont, N. Y. DISTRICT NO. 16 Fenimore Cooper House, Larchmont Acres, Larchmont, N. Y. DISTRICT NO. 17 Central School, Boston Post Road, Mamaroneck, N. Y. 271 I DISTRICT NO. 18 Hampshire House, Washington Square, L.archmont, N. Y. DISTRICT NO. 19 Weaver Street Firehouse, Weaver Street, Larchmont, N. Y. DISTRICT NO. 20 School of Sts. John and Paul, Weaver Street, Larchmont, N. Y. DISTRICT NO. 21 Murray Avenue School, Daymon Terrace, Larchmont, N. Y. The Supervisor presented a certificate of Appointment of Election In- spectors for the year beginning July 15, 1955, said inspectors having been recommended by the Chairmen of both the Republican and Demo- - cratic Parties. The Town Clerk reported that he had received two bids in response to an advertisement which appeared in the Mamaroneck Daily Times for equipment replacements and additions to the Murray Avenue Sewer Pumping Station and the Fenimore Road Sewer Pumping Stations, The bids were as follows: Jacobs Equipment Corporation 699 Main Street, New Rochelle, N. Y. $ 4, 676. 00 Croye Construction Co. 9 West Prospect Avenue, Mount Vernon, N. Y. 5, 375. 00 On motion by Councilman Waterman, seconded by Councilman Brush, it was, upon roll call, unanimously RESOLVED that the bid of Jacobs Equipment Corpor- ation in the amount of $4, 676 (being the low bid) be and it hereby is accepted. For the record, the Clerk presented affidavit of publication of Notice that there is on file in the Town Clerk's office, Reports of Examina- tion of the Accounts and Fiscal Affairs of the Town of Mamaroneck and the Police Pension Fund for the period beginning January 1, 1952 and ending December 31, 1953. On motion by Councilman Brush, seconded by Councilman Waterman, it was unanimously RESOLVED that the date of the next land auction sale of properties owned by the Town of Mamaroneck will be held September 7, 1955, at 8 P. M. , in the Wea- ver Street Firehouse. The Supervisor requested a resolution authorizing the Receiver of Taxes to accept payment of School taxes in two installments. On motion by Councilman Brush, seconded by Councilman Kane, it was upon roll call, unanimously 273 RESOLVED that, pursuant to Section 96A of Chapter 62 of the Laws of 1909 as amended, the Town Board of the Town of Mamaroneck does hereby authorize and empower the Receiver of Taxes of the Town of Mamaroneck, to collect the 1955 School taxes for Union Free School District No. 1 in the Town of Mamaroneck, and School District No. 2, Town of Scarsdale, New York, which, under the provisions of The Westchester County Tax Law, being Article 16 of the Westchester County Administrative Code, become a lien and are payable on September 1st, 1955, in two partial payments, each amounting to fifty per cent (5016) of any such school tax as levied. FURTHER RESOLVED that the Receiver of Taxes of the Town of Mamaroneck is authorized and em- powered to receive the payment of such partial payments or installments of the 1955 School taxes for Union Free School District No. 1 in the Town of Mamaroneck and School District No. 2, Town of Scarsdale, New York, at any time but subject to the same penalties as are specified and provided in Sec- tion 542 of the Westchester County Administrative Code, for neglect to pay the total amount of the School taxes after the levy thereof. FURTHER RESOLVED that the acceptance of any such partial or installment payment of the 1955 School taxes for Union Free School District No. 1 in the Town of Mamaroneck and School District No. 2, Town of Scarsdale, New York, shall not be deemed to affect, in any manner, any right of the Town of Mamaroneck, under any general or special act, to enforce collection of the unpaid balances of such taxes as may remain due and owing to said Town, but such rights and powers shall remain in full force and effect to enforce collec- tion of the unpaid balance of such school taxes, to- gether with interest, penalties, and other lawful charges. Upon motion by Councilman Brush, seconded by Council- man Kane, it was unanimously RESOLVED that this Board hereby designates "The Daily Times a daily newspaper published in the Vil- lage and Town of Mamaroneck, for the purpose of publishing the notice of the collection of the 1955 School taxes as required by law; 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 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 1955 School taxes, the expense thereof to be a Town charge. On motion by Councilman Kane, seconded by Councilman Waterman, it was, upon roll call, unanimously 275 1 RESOLVED that William Kirtland be and he hereby is appointed Intermediate Clerk at an annual salary of $2, 990, said appointment to be on a probationary, basis. On motion by Councilman Brush, seconded by Councilman Waterman, it was unanimously RESOLVED that the claim of the Mamaroneck Indepen- dent Soft Ball League, in the amount of $156. 55, be and it hereby is approved. Supervisor Mandeville 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 Kane, the following resolution was, upon roll call, unanimously adopted: WHEREAS, the Assessor has presented petitions for the correction of the assessment roll for certain years, pur- suant to the provisions of Section 557, Article 16, of the Westchester 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 tax 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 122 240 Paul R. Evans & W. $ 3, 950 $ 15, 050 $ 19, 000 be corrected as follows in accordance with the pro- visions of subdivision 5 of Section 557: Block Parcel Name Land Improvement Total 122 240 Arthur C. Emelin &W 400 400 122 241 Paul R. Evans &W 3, 550 15, 050 18, 600 FURTHER 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: 1954 - 1955 Block Parcel Name Land Only 203 367 Ralph S. Marks 8, 000 be corrected as follows in accordance with the provisions of subdivision 5 of Section 557: 277 Block Parcel Name Land only 203 367 Ralph S. Marks $ 3, 000 203 388 Dot-Mort Holding Corp. 5, 000 1955 - 1956 Block Parcel Name Land Improvement Total 203 367 Ralph S. Marks 8, 000 10, 000 18, 000 be corrected as follows in accordance with the provisions of subdivision 5 of Section 557: Block Parcel Name Land Improvement Total 203 367 Ralph S. Marks 3, 000 10, 000 13, 000 203 388 Dot-Mort Holding 5, 000 5, 000 Corp. FURTHER RESOLVED that the assessment roll of 1954, School taxes of 1955, and the assess- ment roll of 1955, taxes of 1956, which show property now appearing on the roll as follows: 1954 - 1955 Block Parcel Name Land only 206 70-107 Chas. G. Williams 6, 000 & 129 be corrected as follows in accordance with the provisions of subdivision 5 of Section 557: Black Parcel - Name Land only 206 70&129 Chas. G. Williams 4, 000 206 107 James C. DiGiacomo & W. 2, 000 1955 - 1956 Block Parcel Name Land Improvement Total 206 70-107 & 129 Chas. G. Williams 12, 000 16, 000 28, 000 be corrected as follows in accordance with the provisions of subdivision 5 of Section 557: Block Parcel Name Land Improvement Total 206 70&129 Chas. G. Williams 9, 000 91000 206 107 James C. DiGiacomo 3, 000 16, 000 19, 000 & W. FURTHER RESOLVED that the assessment roll of 1954, School taxes of 1955, which shows property now appearing on the roll as follows: Block Parcel Name Land only 206 578 Chas G. Williams 5, 500 279 be corrected as follows in accordance with the provisions of subdivision 5 of Section 557: Block Parcel Name Land only 206 578 John C. Bugher & W. 1, 800 206 585 Chas. G. Williams 31 500 206 700 Emil Perlin & W. 200 FURTHER RESOLVED that the assessment roll of 1955, taxes of 1956, which shows property now appearing on the roll as follows: Block Parcel Name Land Improvement Total 206 578 Chas. G. Williams 5, 500 21, 600 27, 100 be corrected as follows in accordance with the provisions of subdivision 5 o Section 557: Block Parcel Name Land Improvement Total 206 578 John C. Bugher & W. 1, 800 21, 600 23, 400 206 585 Chas. G. Williams 3, 500 3, 500 206 700 Emil Perlin & W. 200 200 FURTHER RESOLVED that the assessment roll of 1954, School taxes of 1955, and the assess- ment roll of 1955, taxes of 1956, which show property now appearing on the roll as follows: Block Parcel Name Land only 210 254 Thomas Scappaticci 1, 400 be .corrected as follows in accordance with the provisions of subdivision 5 of Section 557: Block Parcel Name Land only 210 254 John H. Collins 500 210 910 R.H. B. Smith & W. 900 FURTHER 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 212 197 Mabel M. Mitchell 5, 000 7, 000 12, 000 be corrected as follows in accordance with the provisions of subdivision 5 of Section 557: Block Parcel Name Land Improvement Total 212 197 Peter J. Pergola 2, 000 2, 000 212 215 Lee Krieger & W. 3, 000 7, 000 10, 000 281 FURTHER 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 221 313 Sarah Conway 2, 000 2, 500 4, 500 be corrected as follows in accordance with the provisions of subdivision 5 of Section 557: Block Parcel Name Land Improvement Total 221 313 Richard E. Winkler & W 1, 000 1, 000 221 318 Sarah Conway 1, 000 2, 500 3, 500 FURTHER 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 301 387 Mortimer S. Solomon & W. 16, 500 39, 000 55, 500 be corrected as follows in accordance with the provisions of subdivision 5 of Section 557: Block Parcel Name Land Improvement Total 301 387 Mortimer J. Solomon & W. 12, 000 39, 000 51, 000 301 425 Robert J. Marcus 4, 500 4, 500 FURTHER RESOLVED that the assessment roll of 1954, School taxes of 1955, which shows property now appear- ing on the roll as follows: Block Parcel Name Land only 304 58 C. B. & E. M. Realty Co. 32, 000 be corrected as follows in accordance with the provisions of subdivision 5 of Section 557: Block Parcel Name Land only 304 58 G. B. & E. M. Realty Co. 30, 000 304 384 Elizabeth M. Beringer 2, 000 FURTHER RESOLVED that the assessment roll of 1955, taxes of 1956, which shows property now appearing on the roll as follows: Block Parcel Name Land only 304 58 G. B. & E. M. Realty Co. 52, 000 be corrected as follows in accordance with the provisions of subdivision 5 of Section 557: I 283 I� Block Parcel Name Land only 304 58 G. B. & E. M. Realty Co. 50, 000 304 384 Elizabeth M. Beringer 2, 000 FURTHER RESOLVED that the assessment roll of 1954, School taxes of 1955, which shows property now appear- , ing on the roll as follows: Block Parcel Name Land only 314 1 A. Poccia & Sons, Inc. 10, 000 be corrected as follows in accordance with the provisions of subdivision 5 of Section 557; Block Parcel Name Land only 314 1 A. Poccia & Sons, Inc. 7, 700 314 23 Maurice E. Serling & W. 2, 000 314 300 Winged Foot Golf Club 300 FURTHER RESOLVED that the assessment roll of 1955, taxes of 1956, which shows property now appearing on the roll as follows: Block Parcel Name Land Improvement Total 314 1 A. Poccia & Sons, Inc. 20, 000 22, 300 42, 300 be corrected as follows in accordance with the provisions of subdivision 5 of Section 557: Block Parcel Name Land Improvement Total 314 1 A. Poccia & Sons, Inc. 13, 500 13, 500 314 23 Maurice E. Serling & W. 5, 000 22, 300 27, 300 314 300 Winged Foot Golf Club, Inc. 1, 500 1, 500 FURTHER 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 loll as follows: 1954 - 1955 Block Parcel Name Land only 409 113 John Kuhn 16, 600 be corrected as follows in accordance with the provisions of subdivision 5 of Section 557: Block Parcel Name Land only 409 113 John Kuhn 6, 000 409 194 James N. Dandry 10, 600 25 1955 - 1956 Block Parcel Name Land Improvement Total 409 113 John Kuhn 16, 600 22, 000 38, 600 be corrected as follows in accordance with the provisions of subdivision 5 of Section 557: Block Parcel Name Land Improvement Total 409 113 John Kuhn 6, 000 2Z, 000 28, 000 409 194 James N. Dandry 10, 600 10, 600 FURTHER 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 only 412 411 J. Daly & V. Borgen 1, 500 be corrected as follows in accordance with the provisions of subdivision 5 of Section 557: Block Parcel Name Land only 412 411 Adam A. Sumetz 500 412 588 Julius Anger & W. 500 412 596 Julius Anger 500 -FURTHER RESOLVED that the assessment roll of 1954, School taxes of 1955, and the assessment roll of 1955, which show property now appearing on the roll as follows: 1954 - 1955 Block Parcel Name Land only 707 i l l Livingston Construction Corp. 1, 000 be corrected as follows in accordance with the provisions of subdivision 5, Section 557: Block Parcel Name Land only 707 111 Livingston Construction Corp. 500 707 397 Edward A. Weissauer & W. 500 1955 - 1956 Block Parcel Name Land Improvement Total -_ 707 111 Livingston Construction Corp 3, 200 21, 600 24, 800 be corrected as follows in accordance with the provisions of subdivision 5 of Section 557: Block Parcel Name Land Improvement Total 707 111 Livingston Construction Corp 1, 600 10, 800 12, 400 707 397 Edward A. Weissauer & W. 1, 600 10, 800 1Z, 400 287 I FURTHER 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 715 409 Peter F. Kane 8, 300 6, 000 14, 300 be corrected as follows in accordance with the provisions of subdivision 5 of Section 557: Block Parcel Name Land Improvement Total 715 409 P. F. Kane, Jr. & V. F. Kane 4, 100 4, 100 715 418 C. F. Kane & J. J. Kane 4, 200 6, 000 10, 200 FURTHER RESOLVED that the assessment roll of 1954, School taxes of 1955, which shows property now appear- ing on the roll as follows: Block Parcel Name Land only 805 1 Protano, Inc. 22, 500 be corrected as follows in accordance with the provisions of subdivision 5 of Section 557: �I Block Parcel Name Land only 805 1 Protano, Inc. 400 805 13 Protano, Inc. 400 805 19 Protano, Inc. 400 805 25 Protano, Inc. 400 805 31 A. Emanule 400 805 37 Protano, Inc. 400 805 42 Protano, Inc. 400 805 48 Protano, Inc. 400 805 227 L. Alocci & W. 400 805 233 Protano, Inc. 400 805 240 Protano, Inc. 400 805 250 Protano, Inc. 400 805 258 Protano, Inc. 400 805 266 Protano, Inc. 400 805 54 Protano, Inc. 16, 900 FURTHER 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 I 810 342 Herman Pollack & W. 10, 150 3, 850 14, 000 be corrected as follows in accordance with the provisions of subdivision 5 of Section 557: 239 �I I Block Parcel Name Land Improvement Total 810 342 Carnoy-West. Bldrs. Inc. $ 5, 000 $ $ 5, 000 810 355 Herman Pollack & W. 5, 150 3, 850 9, 000 FURTHER RESOLVED that the assessment roll of 1954, School taxes of 1955, which shows property now appear- ing on the roll as follows: Block Parcel Name Land Improvement Total 829 87 Sam Quittman & or. 5, 000 3, 000 8, 000 be corrected as follows in accordance with the provisions of subdivision 5 of Section 557: Block Parcel Name Land Improvement Total 829 87 Sam Quittman & or. 1, 600 1, 600 829 92 Claude Saunders, Jr. & or. 1, 400 3, 000 4, 400 829 97 Sam Quittman & or. 2, 000 2, 000 FURTHER RESOLVED that the assessment roll of 1955, taxes of 1956, which shows property now appearing on the roll as follows: Block Parcel Name Land Improvement Total 829 87 Sam Quittman & or. 8, 000 5, 400 13, 400 ¢I i be corrected as follows in accordance with the provisions of subdivision 5 of Section 557: Block Parcel Name Land Improvement Total 829 87 Sam Quittman & or. 2, 800 2, 800 829 92 Claude Saunders, Jr. & or. 2, 000 5, 400 7, 400 829 97 Sam Quittman & or. 3, 200 3, 200 FURTHER RESOLVED that the assessment roll of 1954, School taxes of 1955, which shows property now appear- ing on the roll as follows: Block Parcel Name Land only 924 137 O. Jensen & or. 2, 800 be corrected as follows in accordance with the provisions of subdivision 5 of Section 557: Block Parcel Name Land only 924 137 O. Jensen & or. 2, 700 924 145 Harry Warren 100 FURTHER RESOLVED that the assessment roll of 1955, taxes of 1956, which shows property now appearing on the roll as follows: 291 Block Parcel Name Land Improvement Total 924 137 O. Jensen & or. $ 2, 800 $ 13, 400 $ 16, 200 be corrected as follows in accordance with the provisions of subdivision 5 of Section 557: Block Parcel Name Land Improvement Total i -- 924 137 O. Jensen & or. 2, 700 13,400 16, 100 924 145 Harry E. Warren 100 100 FURTHER 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 940 387 David Hopkins & W. 10, 000 13, 000 Z3, 000 be corrected as follows in accordance with the provisions of subdivision 5 of Section 557: Block Parcel Name Land Improvement Total 940 387 Anthony P. Testa & or. 3, 000 3, 000 940 397 David Hopkins & W. 7, 000 13, 000 20, 000 FURTHER RESOLVED that the assessment roll of 1954, School taxes of 1955, which shows property now appear- ing on the roll as follows: Block Parcel Name Land Improvement Total 964 1 Seahaven Develop. Corp. 63, 100 10, 000 73, 100 be corrected as follows in accordance with the provisions of subdivision 5 of Section 557: Block Parcel Name Land Improvement Total 964 1 Seahaven Develop. Corp. 3, 200 10, 000 13, 200 11 Seahaven Develop. Corp. 5, 400 5, 400 22 Seahaven Develop. Corp. 5, 400 5, 400 34 Milton R. Neaman & W. 5, 100 5, 100 59 Seahaven Develop. Corp. 14, 000 14, 000 121 Seahaven Develop. Corp. 9, 000 9, 000 199 Seahaven Develop. Corp. 4, 500 4, 500 210 Remo De Tone & W. 4, 500 4, 500 221 Jerome Weinstein & W. 4, 400 4, 400 232 Edmund LaVoie 4, 000 4, 000 243 Edmund LaVoie 3, 600 3, 600 FURTHER RESOLVED that the assessment roll of 1954, School taxes of 1955, which shows property now appear- ing on the roll as follows: I 293 Block Parcel Name Land only i 965 1 Samuel Friedenberg & W. $ 47, 200 I be corrected as follows in accordance with the provisions of subdivision 5 of Section 557: Block Parcel Name Land only 965 1 Samuel Friedenberg & W. 4, 400 965 36 William Canella & ors. 4, 500 965 49 William Canella & ors. 4, 400 965 62 William Canella & ors. 5, 500 965 75 Samuel Friedenberg & W. 11, 000 965 293 Samuel Friedenberg & W. 4, 300 965 323 Samuel Friedenberg & W. 4, 300 965 336 Frank Casciaro 4, 300 965 362 C. Scornienchi 4, 500 The Supervisor presented a letter received from the Village of Ma- maroneck, together with resolution adopted at their meeting of July 25, 1955, referring to the Town Board of the Town of Mamaroneck, an offer of Alfred Stanton to purchase property known as Block 814, Parcel 391, for the sum of $4, 010. 00. On motion by Councilman Brush, seconded by Councilman Waterman, the following resolution was, upon roll call, unanimously adopted: - WHEREAS, the Town of Mamaroneck, through the institution of actions in the County Court of Westchester County, pur- suant 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 814, Parcel 391, on the Town Assess- ment Map (Village number, Section 8, Block 31, Lots 15, 16, 17, 18, and 19); and WHEREAS, a bid has been received for said plot or parcel from Alfred Stanton in the amount of $4, 010. 00; and WHEREAS, since the receipt of said bid, this Board has given careful consideration thereto, and after due delib- eration, it is RESOLVED that the bid hereinafter listed be accepted at the price and terms therein set forth: Town Village Assessed Purchaser Blk. Par. Sec. Blk. Lot Amount Value Terms Alfred Stanton 814 391 8 31 15-19 $4, 010 1, 500 Cash FURTHER 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 neces- sary to complete the sale and transfer this parcel. The Supervisor presented a letter from Mr. William H. Johnson, Village Manager of the Village of Mamaroneck, stating that Mr. Charles Trifiletti had raised his offer to purchase Block 817, Parcel 683, from $350. 00 to $1, 000. 00. i 29 On motion by Councilman Brush, seconded by Councilman Kane, the following resolution was, upon roll call, unanimously adopted: WHEREAS, the Town heretofore and on the 23rd day of March, 1955, by resolution adopted on that day, ap- proved the sale by the Village of Mamaroneck to Charles Trifiletti, of a parcel of property known as Block 817, Parcel 683, on the Tax Assessment Map of the Town of Mamaroneck for the sum of $350. 00, which property had been foreclosed by the Village ox Mamaroneck and is now owned by it but the sale of which must be approved by the Town Board under agreement with the Village; and WHEREAS, the Village now advises that a better price has been obtained from the said Charles Trifiletti, to wit, the sum of $1, 000. 00; NOW, THEREFORE, BE IT RESOLVED that the resolution heretofore adopted on March 23, 1955, be amended and superseded and with respect to the parcel known as Block 817, Parcel 683, shall read as follows: WHEREAS, the Town of Mamaroneck, through the institu- tion 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 number of parcels of real estate situate in the Village of Mamaroneck and Town of Mamaroneck; and WHEREAS, both the Village of Mamaroneck and Town of Mamaroneck held tax liens on said parcels of real prop- erty; and WHEREAS, pursuant to Section 165-H of the Tax Law, an agreement was entered into between the Village of Mamar- oneck and the Town of Mamaroneck, which, among other things, set forth the interests of said municipalities in the properties being foreclosed, the manner of the sale of said properties, and the manner of the distribution of the proceeds received from said sales; and WHEREAS, the Town of Mamaroneck has, pursuant to an agreement had with the Village of Mamaroneck, advertised for bids and held a public auction on March 23, 1955, and received bids on certain of said parcels of real estate now owned by the Town of Mamaroneck; and WHEREAS, since the receipt of said bids, this Board has given careful consideration thereto, and after due deliber- ation, it is RESOLVED that the bid hereinafter listed, be accepted at the price and terms therein set forth: BID ACCEPTED IN SECTION 8 Block Parcel Bidder Assessed Value Final Sales Price 817 683 frharles Trifiletti $ 4000 $ 1, 000 I I 27 FURTHER RESOLVED that the terms on the above bids are all cash. FURTHER RESOLVED that the foregoing acceptance with respect to this parcel, is subject to approval by the Village Board of the Village of Mamaroneck. FURTHER RESOLVED that upon approval of this bid by the Village Board of the Village of Mamaroneck, the Town Attorney is authorized to proceed with the prepa- ration of contracts and such other documents as are necessary to pass title to said property, and the Super- visor is hereby authorized to sign such contracts and deeds as are necessary to pass title to said property. The Town Attorney reported that following the Board's action at the last meeting, authorizing him to negotiate for an easement in the northerly one-half of Dillon Road between Pryer Manor Road and Gaillard Place, from Sidney J. Doherty, Mr. Doherty had refused to accept the $250. 00 which this Board authorized, and insists on receiving $500. 00. On motion by Councilman Kane, seconded by Councilman Waterman, it was, upon roll call, unanimously RESOLVED that there is hereby appropriated $500. 00 from Surplus for the purpose of obtaining from Sidney J. Doherty, an easement in the northerly one-half of - Dillon Road between Pryer Manor Road and Gaillard Place, provided he sign the agreement conveying to the Town of Mamaroneck, a public easement as re- -- quired by the Westchester Joint Water Works. The Town Attorney stated that he had received from Mr. Morris Kar- nes, attorney for Marbourne Westchester Inc. , a deed for the street known as Stonewall Lane and also an easement for drainage through Lot No. 7, Section 2, Map of Stonewall, Register's Office No. 7909, and also stated that Marbourne Westchester Inc. is desirous of ob- taining a refund of money deposited for the completion of the road pursuant to resolution adopted by this Board June 1, 1955, and that they claim the road has been completed in accordance with the spec- ifications contained in letter of A. J. Foote, dated June 1, 1955, ex- cept that the lighting poles and fixtures have not been installed. The Town Attorney noted the fact that Mr. O'Brien, Superintendent of Highways, has not approved the road and is at present on va- cation. i Mr. Heinz Levi, a resident of Stonewall Lane, objected to the drain- age on the street. On motion by Councilman Brush, seconded by Councilman Waterman, the following resolution was, upon roll call, unanimously adopted: WHEREAS, heretofore and on June 1, 1955, this Board adopted certain resolutions concerning the street known as Stonewall Lane as shown on 4 maps of Stonewall Sec- tions, Map No. 1 - 7837; Map No. 2 - 7909; Map No. 3 - 9142; and Map No. 4 - 9339; pursuant to which Herman Kobrin has deposited with the Town the sum of $10, 000 29 for the completion of pavement and drainage including street lighting in accordance with specifications made by A. J. Foote, Civil Engineer, dated June 1, 1955, which report and specifications are filed with the Town Clerk and incorporated by reference in said resolution; and WHEREAS, certain terms and conditions- for the return of said deposit were set forth in said resolution which Marbourne Westchester Inc. claims to have complied with, with the exception of the installation of street lighting, NOW, THEREFORE, BE IT RESOLVED that upon the approval of the street known as Stonewall Lane by the Superintendent of Highways and the issuance by him of a certificate to the effect that the improvements of the street, including paving, drainage, and street lighting, has been done and com- pleted in accordance with the specifications contained in the letter of A. J. Foote, Civil Engineer, dated June 1, 1955, the Supervisor is authorized to return to Herman Kobrin, the deposit of $10, 000. 00 heretofore made by him under the terms of resolution adopted by this Board on June 1, 1955. The Town Attorney referred to the fact that a bond resolution for the submission of a proposition to the voters at the general election on November 8, 1955, for financing a swimming pool, must be adopted by this Board in September so that the proposition may be placed on the ballot-. He said he had drafted a bond resolution but would like authority to refer this to bond attorneys for approval with the thought that such attorneys would be asked to approve the bond issue if the referendum were favorably acted upon by the voters. After some discussion he was authorized to refer the matter to Messrs. Vandewater, Sykes, Heckler and Galloway, 120 Broadway, New York City. The Town Attorney advised the Board that, while it is necessary to have a vote of four members of the Board in order to pass any reso- lution changing or amending the Zoning Regulations, Map or Ordi- nance, and although the owners of 65 Palmer Avenue claim that this property constitutes over 20% of the property affected, he believes that this is not the fact in view of the provisions of the Ordinance which allows apartments or multiple dwellings to be erected not only in B and B-2 districts, but also in the C and D districts. In answer to a question from Councilman Brush, the Town Attorney stated that the Summons and Complaint in the injunction action against Ferndale Center, Inc. and First National Stores, to pre- vent the use of the driveway or road from Weaver Street to the - parking area, had been served on the defendant Ferndale Center, Inc. and that Mr. George Forbes, Jr. had appeared as attorney for them and that the answer is due on August 20th. The Town Attorney stated further that on July 15, 1955, Judge Samuel W. Eager of the State Supreme Court, rendered an opinion upholding the Town Board, the Fire Council, and the Fire Chief in refusing West Hooker the use of the auditorium in the Weaver Street Fire House. .11 Councilman Waterman presented a resolution requesting that an Agenda be sent to the members of the Board prior to each meet- ing and also that after receiving advice from any member of the Board of any new matter to be presented, that the Clerk shall notify by telephone, each member of the Board. Also that no ac- tion be taken at any meeting on new matter not on the Agenda ex- cept by consent of all members of the Board present. Following lengthy discussion, Councilman Waterman consented to a change in the resolution which would allow a matter to be pre- -- sented upon the consent of a majority of the members of the Board present. On motion by Councilman Waterman, seconded by Councilman Brush, it was, upon roll call, unanimously RESOLVED (1) That the Town Clerk prepare and mail to the members of the Town Board, at least five days prior to each meeting of the Board, a written agenda listing separately all new matters submitted to the Clerk by any member of the Board for consideration at such meeting and all old matters not previously disposed of by Board action; RESOLVED (2) That the Town Clerk notify each member i of the Town Board by telephone as promptly as possible, after receiving advice thereof from any member of the Board, of any new matter to be presented for considera- tion at such meeting and which has not been included on - the written agenda for such meeting; RESOLVED (3) That no action shall be taken by the Board at any meeting on any matter not included on the written agenda for such meeting mailed as aforesaid, unless by consent given at the meeting by a majority of the members - of the Board present. The Supervisor moved the following resolution which was sec- ' onded by Councilman Waterman: RESOLVED that the Town Board of the Town of Ma- maroneck hereby records its protest with the Public Service Commission of the State of New York, on be- half of the commuters of said Town, against the lack of air-conditioned trains, failure of trains to run on schedule, over-crowding, and old, wornout, dirty trains, furnished to its commuters by the New York, New Haven and Hartford Railroad Company. A vote on this resolution was recorded as follows: AYES: Supervisor Mandeville Councilmen Waterman and Kane Councilman Brush not voting. Councilman Kane had nothing to report for his departments. The members of the Board discussed the Guadagnolo matter at length but no action was taken. There being no further business to come before the meeting, it adjourned at 11:40 P. M. and immediately reconvened as the Board of Fire Commissioners. Councilman Waterman submitted the Fire Department claims which had been approved by the Fire Chief and audited by the Comptroller. On motion by Councilman Waterman, seconded by Councilman Brush, it was, upon roll call, 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: Arthur_M. Brown $ 50. 00 Consolidated Edison Company 88. 18 Reginald Jubb Garage 27. 30 McGuire Bros. , Inc. 7. 50 New York Telephone Company 64. 50 Westchester Joint Water Works, No. 1 3. 63 Hydrant Rental: Village of Scarsdale 648. 00 Total $889. 11 Councilman Waterman presented the Fire Inspector's Report for May and June, 1955, and the Fire Report for July, 1955. The Supervisor presented a request from Chief Ianello for permission for himself and Deputy Chief Johnson to attend the annual Convention of the Firemen's Association of the State of New York and requesting an appropriation of $300. 00 for expenses. On motion by Councilman Waterman, seconded by Councilman Brush, it was, upon roll call, unanimously RESOLVED that Fire Chief Dominick Ianello and Deputy Fire Chief Lennert Johnson be and they hereby are authorized to attend the annual Conven- tion of the Firemen's Association of the State of New York which will be held at Lake George during the week of September 11, 1955. FURTHER RESOLVED that the Comptroller is hereby authorized to pay expenses not to exceed $300. 00 out of the item in the budget appropriated for such expenses. There being no further business to come before the meeting, it ad- journed at 11:50 P. M. , to meet again on September 7, 1955. T In Cle