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HomeMy WebLinkAbout1952_05_21 Town Board Minutes 829 MINUTES OF A REGULAR MEETING OF THE TOWN BOARD OF THE TOWN OF MAMARO- NECK, HELD MAY 212 19522 IN THE COUNCIL ROOM OF THE WEAVER STREET FIRE HOUSE, TOWN OF MAMARONECK. f. Supervisor Mandeville called the meeting to order at 8: 15 P . M. PRESENT: Supervisor Mandeville Councilmen Kane, Waterman and McKeever ABSENT: Councilman Embury Presence was also noted of the Town Clerk, Mr. Gronberg, the Town Attor- ney, Mr. Delius, the Town Accountant, Mr. Finson, and the Town Super- intendent of Highways, Mr. O'Brien. The Supervisor armounced that the regular order of business would be dis- pensed with, in order to hear those present. Mr. Lawrence Marshall, 21 Rock Ridge Road, speaking for a group of tax- payers from the Rock Ridge Road section present at the meeting, said he would like to know what could be done about blasting. Two years ago, he said, much damage had been suffered in the Rock Ridge Road section be- cause of blasting done in the Village, close to the Town line, by Fred Girardi. The injured parties had contacted Girardi' s insurance carrier and had received assurance that they would be reimbursed for the damage. However, after a lapse of several months, upon again contacting the Com- pany, they had been told to "go ahead and sue" . Mr . Marshall said his damage, at that time, had amounted to $160. and he did not feel he could afford the expense of a damage suit. It now appears that Mr. Girardi is again about to blast in the same sec- __ tion but this time, in the Town. Through efforts of Town employees, a representative from Mr. Girardi' s insurance carrier has inspected the houses in the Rock Ridge Road area and has assured the owners that they will receive reimbursement for any damage done by blasting. Supervisor Mandeville said he believes the bond carried by the Village of Mamaroneck is the same as that carried by the Town, and those residents whose homes were damaged two years ago could still collect for the damage done by blasting . Mr. De�tius explained the Town' s Blasting Ordinance and exhibited a sample of the bond required by the Town of Mamaroneck. He said the residents of the Town of Mamaroneck are protected by this bond. Mr. Marshall expressed himself as entirely satisfied with the explana- tion and precautions taken by the Town. Mr. Arthur Smith, 213 Murray Avenue, spoke next and said that a permit has been granted to build two houses in his immediate neighborhood which will require blasting. He believes a $10,000 bond is not adequate. The Supervisor and Town Attorney both assured Mr. Smith that it is in the discretion of the Building Inspector to require a larger bond if he con- siders it necessary. The Supervisor went on to inform him that the situation will be investi- gated and if a larger bond seems called for, the contractor will be re- quired to file it. Mr. Otto Scheuble, 3 Rock Ridge Road, presented a letter from Mr. and Mrs. Charles Bragdon, which the Supervisor read to the Board. It was a request or suggestion that blasters be required to post a cash deposit from which damages could be awarded by authority of a Town official. Mr. Alan M. Kridel, 287 Weaver Street, appeared with respect to an application made at a previous meeting, to erect a fence at the rear of his property. The Town Clerk said that he had written, as requested by the Board, to Mr. Kridells neighbors and had received 3 replies, one favoring and two opposing the application. The Supervisor suggested that the matter be laid over until the next Board meeting, in order that he and Councilman McKeever might investi- gate and report back to the Board. The Clerk presented and read a letter, dated May 10, 1952, from Mr. Arthur M. Brown, Secretary of the Fire Department, inviting the members of the Board to participate in the Annual Memorial Day Services to be held at Headquarters on May 30, at 9: 30 A. M. The members of the Board made a record of this date. The Clerk presented and read a resolution received from the Real Estate Board of Larchmont, requesting enforcement of Article 19, Section 96, subdivision 2a of the Building Code which limits the size of signs on residential property. Following discussion, the Clerk was requested to refer this resolution to the Police Department with instructions to enforce it. The Clerk presented and read a letter dated May 8, 1952, received from Elkan Park Association, requesting the Town to defray the expense of installing 3 street lights on Elkan Road, similar to those previously installed, the cost to be $285. The Supervisor informed the Board that the Elkan Park Association pays ----- the cost of maintenance of these lights. On motion by Councilman Waterman, seconded by Councilman Kane, it was unanimously RESOLVED that this Board hereby appropriates $285 . for the purpose of reimbursing the Elkan Park Association for the erection along Elkan Road, a public street, of 3 street lights, upon condition that the Association pay for the maintenance of these lights, furnishing bulbs, painting,and charges for electricity. The minutes of April 2nd were approved as presented and those of April 15th were approved as corrected. The following reports were received and filed: Report of Receiver of Taxes and Assessments, April, 1952 Summary of Receipts and Disbursements as of April 30, 1952 Analysis of Budget Appropriations and Expenditures, April 30, 1952 Analysis of Estimated Revenues as of April 30, 1952• The Clerk presented a statement received from the Fordham Transit Co. , Inc. , giving the gross receipts for six months ending December 31, 1951. - Councilman Kane informed the Board that Mr. James De Falco, a Town em- ployee, is critically ill in the New Rochelle Hospital as a result of an accident at the Town dump. Mr. O'Brien said that every department in the Town had been contacted for blood donors and every one had been cooperative, including the Office force. 833 He said the blood used for Mr. De Falco would be replaced. Councilman Kane reported that he and Mr. O'Brien had discussed the dump situation and it may be possible, in view of the 'fact that rubbish is being collected twice a month, that it will only be necessary to burn twice a week, on the same days the Village of Larchmont burns. No burning would be done on Monday, laundry day. Councilman McKeever spoke of the improvement in the rubbish situation - noting that the people had been most cooperative in connection_ with the bi-monthly rubbish pickup. Councilman McKeever submitted preliminary plans for the installation of the force main. He said specifications are now being prepared but they may not be ready in time to advertise for bids to be presented at the meeting to be held June 11th. Mr. Delius said that a Town Board resolution approving the plans and specifications is necessary, and, therefore, suggested a special meet- ing. It was decided that a special meeting would be called as soon as plans and specifications are approved. Councilman McKeever also requested authorization for Mr. Foote' s signa- ture on the plans and specifications which have been sent to Albany. Supervisor Mandeville said he would take care of this. Councilman McKeever reported that he, together with Mr. O'Brien, had inspected the roads throughout the Town and that seal-coating will commence about the middle of June. Councilman McKeever said he would like to move the permanent appointment of Charles M. Kane as Assessment Clerk. On motion by Councilman McKeever, seconded by Councilman Waterman, it was unanimously RESOLVED that the permanent appointment of Charles M. Kane as Assessment Clerk be and it hereby is approved, effective May 21, 1952, at the annual salary of $2,920. Supervisor Mandeville requested a resolution authorizing the attendance at the School for Superintendants of Highways as well as the Summer Meeting of the Supervisors' Association of the State of New York, Inc., of himself, Mr. O'Brien, Mr. Finson and Mr. Gronberg. On motion by Councilman McKeever, seconded by Councilman Waterman, it was unanimously RESOLVED that the attendance of Supervisor Mandeville, Mr. O'Brien, Superintendant of Highways, Mr. Finson, Town Accountant, and Mr. Gronberg, Town Clerk be and it hereby is authorized at the Summer Meeting .of the Supervisors' Association of the State of New York, Inc. to be held on June 16 and 17 at Inlet, New York,and the School for Superintendents of Highways at Cornell University, Ithaca, New York, to be held June 16th, 17th and 18th. FURTHER RESOLVED that the expenses for this trip be paid out of the item in the budget appropriated for such expenses. Supervisor Mandeville reported that conditions in the Town are in good order with no complaints and that the Police Department' s Inspection will be held on Saturday at 8: 30 A. M. and they will be very happy to have the Board members attend. 835 Mr. Delius read a letter from the New Haven Railroad Company, dated May 17, 1952, saying they are preparing a lease which will be ready within a week. Mr. Delius said he had again tried to contact the Manager of the dinged Foot Golf Club with reference to the repair of the sewer line, and had been informed that he is still away. Supervisor Mandeville suggested that a memorandum be sent to Mr. Homer Johnson, President of the Club, as he, the Superervisor, feels sure the Club will be willing to do whatever is necessary. Mr. Delius explained to the Board that the Estate Appraisal and Valua- tion Co. , Inc. is again considering consumating purchase of the property in the Town and Village of Mamaroneck, generally known as the Hampshire Country Club. He recalled to the Board, its action taken on December 22, 1951, when, at a joint meeting of the Town and Village Officials, this matter was thoroughly discussed and, as a result of which, this Board passed a resolution (December 22, 1951) approving the conveyance in accordance with the terms of a contract dated April 20, 1944, and in addition, approving the sale of Block 936 Parcel 28, and Block 943 Parcel 1, for the sum of $500. This resolution also provided that, so far as practical, there be pre- pared a joint deed. The Attorney stated that nothing had been done in this matter until re- cently, when attorneys for Estate Appraisal and Valuation Co. , Inc. sub- mitted a new survey made by Sal Spinelli, dated March 22, 1952, which - incorporates in one description, the entire property including not only the property to be sold by the Town and Village under the contract of April 20, 1944•, but also the 2 additional pieces, one of which was sold by the Town, the other by the Village. This survey,and the metes and bounds description taken from it, would include a 15 foot strip running from the pump house which is located on the Golf Course near the intersection of Hommocks Road and Eagles Knolls Road and into the bed of the creek and would include a tide gate which was constructed apparently by the old Hommocks Club or the owners thereof, many years ago, the purpose of which is to control the flow of tide water and prevent it from inundating the golf course. He ex- plained, however, that the creek furnishes natural drainage to the entire property. Mr. Delius said that when the survey and description were presented to him, he had advised the attorneys for the Estate Appraisal & Valuation Co. , Inc. that this additional 15 foot strip, because it had not been included in the contract of April 20, 1944, should not now be included in the deed, unless there is authority for such inclusion from the Town Board. He said he had discussed this with Supervisor Mandeville and he and the Supervisor are of the opinion that, since the Town is the owner of all the property to the southwest of the Hommocks Road and has not, as yet, determined whether this should be sold or improved for a Town Park, no deed should be made to any part of the property southwest of Hommocks Road. He did, however, suggest that the Estate Appraisal & Valuation Co. , Inc. would be entitled to a drainage easement and from a practical standpoint, should have the right to maintain the tidegate for the pro- tection of the Golf Club. He, therefore, suggested that, if the Board were willing, the deed should include the following: z "Together with all right, title and interest, if any, of the parties of the first part, in the easement or right to drain the premises above described through East Creek or Gut Creek to the waters of Long Island Sound, including the right to maintain and repair the tidegates and appurtenances as they now exist and which are located at approximately 120 feet northwest from the westerly corner of Lot 46 as shown on a map of "Amended Subdivision Map of Eagles Hommocks, Town and Village of Mamaroneck, Westchester County, New York, dated July 10, 1929 and filed in the office of the Clerk of the County of Westchester, Division of Land Records on March 15, 1930, as Map No. 3571" . On motion by Councilman McKeever, seconded by Councilman Waterman, it was, upon roll call, unanimously RESOLVED that the suggestion of the Town Attorney be and it hereby is approved and the deed include an easement for drainage purposes as above des- cribed and the Supervisor be and he hereby is authorized to execute and deliver the deed in- cluding this right or easement. The Board was unanimous in its decision that the one foot strip, described on the "Assessor' s Field Book" as "Reputed Owner, Town of Mamaroneck, 72 x 45 Tr: Sec. 2 Block 9A, Lot 408B Block 224 Lots 771, 772, In Road", upon which Mr. Frank H. Twyeffort; on behalf of his client, Sales Management, Inc. , had made an offer, should be sold at the public auction to be held June 11, 1952. There being no further business to come before the meeting, the Town Board adjourned its meeting at 9:50 P . M. , to meet again on June 11th, and immediately reconvened, meeting as the Board of Fire Com- missioners. The Supervisor presented 3 bids for 4 used Fire Department tires as follows: Myrtle Garage, Inc. $12.00 Joe & Patsy' s Garage 14.00 Gus Lindine - - 48.00 r On motion by Councilman nC-, seconded by Cour.,.cilman McKeever, it was unanimously RESOLVED that this Board do and it hereby does accept the bid of Gus Lindine in the amount of $48.00 for 4 used Fire Department Truck tires and tubes. Councilman Waterman presented 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 McKeever, it was unanimously MINUTES OF A SPECIAL MEETING OF THE TOWN BOARD OF THE TOWN OF MAMARONECK, HELD JUNE 4, 1952, IN THE COUNCIL ROOM OF THE WEAVER STREET FIRE HOUSE, TOWN OF MAMARONECK. Supervisor Mandeville called the meeting to order at 8: 15 P . M. PRESENT: Supervisor Mandeville Councilmen McKeever and Waterman ABSENT: Councilmen Embury and Kane Presence was also noted of Mr. Delius, Town Attorney and Mr. Gronberg, Town Clerk. The Town Clerk submitted the final plans for the construction of the sewer pumping plant and force main on Fenimore Road, which had been prepared by Mr. A. J . Foote for the purpose of submitting them to the State Health Department for approval. The Town Attorney called attention to the fact that at the last meeting, Councilman McKeever had stated that some plans had been sent to Albany by Mr. Foote but it now appeared that these were tentative and not final. The Town Attorney, therefore, recommended that these plans be formally approved as provided in Section 202B of the Town Law. After examination of the plans, on motion by Councilman McKeever, seconded by Councilman Waterman, it was unanimously RESOLVED that the -_plans now submitted by Mr. A. J . Foote, Civil Engineer, be and they hereby are approved as the definite plans and specifications for the construction of the Sewer Pumping Plant and Force Main to be located on Fenimore Road in Sewer District No. 1, Town of Mamaroneck. FURTHER RESOLVED that the Supervisor be and he hereby is authorized to indicate the approval of the Town Board of these plans by endorsement upon them so that the same may be. forwarded to the State Department of Health for its approval. FURTHER RESOLVED that action upon the advertisement for bids for this work and the form of contract be postponed until after the plans have been approved by the State Department of Health. Mr , Alan M. Kridel, 287 Weaver Street, again appeared before the Board with reference to his request for permission to erect a close-woven fence 4 feet 11 inches in height at the rear of his property. The Supervisor said he had visited the property and could see no objec- tion to the fence. The matter was laid over until the next meeting to give Councilmen McKeever and Waterman an opportunity to make an inspection. The Board discussed with Mr. Moody, who was present, the extension of - the Sewer District so as to include the area to the north of the present boundary of Sewer District No. 1, Extension I. This is the property which Mr. Moody recently purchased from the Wilsons and where he plans to construct houses which will be connected with the Fenimore Road Sewer, and in connection with which, he proposes to estab- lish and lay out a new street known as Dudley Lane which is partly with- in, the lines of the former Wilson Lane. 843 j The matter of the extension of the Sewer District was referred to the Town Attorney for preparation of a petition which Mr. Moody stated could be signed by 50% of the owners in the area, as well as other necessary papers. Mr. Moody also offered to the Town, an easement for the installation of a water main as approved at a recent Board meeting. No further action was taken, pending the submission of a petition. Supervisor Mandeville submitted an estimate received from the West- chester Joint Water Works for the installation of a water main in Bry- son Street, running from Chatsworth to Murray Avenue, at a cost of $1,679.05 . He said that Mr. John Kuhn, the owner, had agreed to dig the trench for the proposed water line and would salve the income from water rents, therefore, reducing the cost to the Town to $594.50, which amount would include the cost of pipe as well as the cost of labor to install the same. The Board expressed its approval. The Town Attorney submitted a lease for the rental of premises known as part of Block 406, Parcel 314 on the Tax Assessment Map of the Town of Mamaroneck, to be used and occupied by tenants of Elkan Park as a playground, at a yearly rental of $1. On motion by Councilman McKeever, seconded by Councilman Waterman, it was unanimously RESOLVED that the Supervisor be and he hereby is authorized to sign the lease for the rental of -- premises known as part of Block 406 Parcel 314 on the Tax Assessment Map of the Town of Mamaroneck, to be used as a playground for the use of property owners in Elkan Park, at the yearly rental of $1. There being no further business to come before the meeting, it adjourned at 9: 30 P. M. to meet again on June 11, 1952. Town C erk