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HomeMy WebLinkAbout1953_05_06 Town Board Minutes 267 MINUTES OF A REGULAR MEETING OF THE TOWN BOARD OF THE TOWN OF MAMARONECK, HELD MAY 6, 1953, IN THE -AUDITORI M— OF THE WEAVER STREET FIRE HOUSE, TOWN OF MA_MARONECK. PRESENT: Supervisor Mandeville C aunoalmen E mbur Ys Kane and McKeever ABSENT: Councilman Waterman Presence was also noted of Mr. Gronberg, Totm Clerk, Mr. Delius, Town Attorney, and Mr. O'Brien, Superintendent of Highways. The Supervisor called the meeting to order at 8: 30 P . M. , and on he Board welcomed those resent. behalf of t p Board, The Board then proceeded to take up the regular order of business. The minutes of March 18th and April 15th were approved as presented. The Clerk stated that he had received a request from the Board of Education for the use of election equipment for the annual school election and the annual class elections. On motion by Councilrr_an Kane, seconded by Councilman Embury, it was unanimously RESOLVED that the request of the Board of Education for the use of election equipment for the Mamaroneck School Board elections and the annual class elections be and it hereby is granted. The Clerk submitted a statement from the Fordham Transit Co. , Inc. , rendering to the Torn of Mamaroneck gross receipts for the 6 months ending December 31, 1952- The Clerk presented the following reports: Town Clerk' s Report, April, 1953 Report of the Westchester Shore Humane Society, Inc . , April, 1953 Report of Receiver of Taxes and Assessments, April, 1953 Attendance Report, April, 1953 Statement of Bank Balances as of May 1, 1953 Summary of Receipts and Disbursements, January 1 to March 31, 1953 Analysis of Budget Appropriations and Expenditures, January 1 to March 31, 1953 Analysis of Estimated Revenues, January 1 to March 31, 1953 List of Claims Audited and Paid by the Comptroller from April 1 to May 1, 1953 Mr. Harry Alpiar appeared before the Board and read from a prepared statement. He announced that he had two propositions to submit: r First - if the people of the Village of Larchmont could pay t heir share through the generosity of a resident of the Town (Mr. Thomas Manville) who has followed the newspaper articles relating to the proposed swimming pool. Or, alternately, if the Town Board feels this would not be acceptable, would it permit its offer of x$500 to stand while Larchmont' s snare is collected from interested indi- viduals. � e iff A letter, dated May 6, 1953, from Mrs. Stanley King, 39 Briar Cl Road, addressed to the Town Council, in support of a swimming pool, was received and filed. Supervisor Mandeville informed Mr. Alpiar that the Board would dis- cuss this matter later in the meeting and he would be notified of their decision. 269 Fire Chief Mirandi appeared and requested permission to purchase 500 feet of hose for the Fire Department. The Board authorized this purchase. The Board then took up the matter of the public hearing noticed for Ma 6 1953 at 8: 15 P . M. in the auditorium of the Weaver Street Y s s s Fire House at the corner of Weaver Street and Edgewood Avenue in the Town of Mamaroneck, to consider an amendment to the Zoning Ordin- ance of the Town of Mamaroneck by changing tine map accompanying and forming part of said Ordinance so as to show premises known as 65 Palmer Avenue to be in a Residence Zone "A1l instead of a Residence Zone "B" which is the present zoning. At the request of the Supervisor, Mr . Frank X. O'Donnell presented an agenda of speakers which the Supervisor called in order . Mr. Price Topping, President of Howell Park Association, spoke first. He briefly re-stated the facts of the case as he knew them, and said the Town Board had zoned the property to "B" and could now change it back_ to "A" . He believes Howell Park will be greatly damaged. He said he would submit a memorandum of law. Mr® Edmund B. Van Hook, 198 Weaver Street, read two letters in sup- port of the petition to re-zone, one from Mr, Leonard Engel, 8 Dawes Place, and the other from Mr. David Moffat Myers and wife, 3 Cliff vay. Mr. William G. Ball, represented the Sixth District Home Owners' Association (unofficially) which is unanimously opposed to the erection of the apartment house because of increased school costs, parking problems, etc® Mr. Eric Singleton, representing the Woodbine Park Association, said - that group is very much opposed to the building of any more apartment houses in Larcamont. Mr. Edward Keeler, also representing the Howell Park Association, stated the facts as he knows them. He said he was present at this meeting to plead in behalf of the Howell Park Association, that the Town Board take back what it granted. Mr. Keeler submitted a letter which was received and filed. Mr. William Geoghegan, Larchmont Hills, representing the Larchmont Hills Civic Association, suggested a possible over-haul of the tax methods. Mr. William J . McWilliams, Counsel to the Larchmont Civic Associa- tion, represented that association and said he had met with a group of local attorneys and they are in complete agreement that this Board has the e ower to restore this zoning to "A" . He will submit a brief con- taining citations from cases in point. He Baia, "The legislative body has absolute power to zone and re-zone" . The Board had been moved by charitable motives at that time (1929) and their action in changing this one plot to an apartment house plot was illegal. Changing it back would merely be correcting an illegal action. He said there is a deep uneasiness throughout the Town and while they know there are places in this County which will be developed by garden type apart- ments, "let them be developed in new sections and not in Larchmont" . He repeated that the attorneys had concluded as a group that the initial action of this Board was very bad in law. There was no basis in law to take this one plot and make it a multiple dwelling plot. He went on to cite cases and ended by saying, "This Board has the authority and duty to correct a previous mistake" . Mr. Frank X. O'Donnell talked about the possible hardship of the owner. He said he had looked into the record in White Plains and learned that Mrs, Smith had mortgaged this property which was later _ 271 foreclosed by the Bank and then re-purchased at a later date by Mr. Douglas Smith who actually has $2,000 of his own money in this pro- perty. There is no hardship to Mr. Smith who can now sell it for one- family houses for considerately more than he paid for it. A letter, dated May 4, 1953, from Mr. Walter A. Reich, stating that he wished to be on record as favoring the re-zoning and opposing the erection of the proposed apartment, was received and filed. Mr. Joseph S . Johnston, attorney for Mr. Smith, addressed the Board. He complimented the former speakers for the high tone of the meet- ing and the way in which they had presented their case. p to describe the property and the area surrounding it, He proceeded _ p Y p emphasizing the apartments located newt to it; the fact that it abuts the business section of Larchmont and the railroad tracks; and the fact that Palmer Avenue is now a through street to New Rochelle and accommodates a great deal of traffic. The property is almost entirely rock formation. The property contained a multiple dwelling in 1919 . It was zoned "B" in 1929. Mr. Johnston also cited cases . He said to change this °n now would be confiscation. h`s zoning Mr. Timothy T . Poucher, 8 Roosevelt Avenue, urged the Board to do everything within its power to retain the home atmosphere of the Village of Larchmont and Tm-m of Mamaroneck. Mr. J . L . Seely believes the safety of the people in the Town and Village should be considered. Mrs. Bernard Miller, 125 Weaver Street, suggested that Mr. Delius give his views . --- There was some discussion of cases by Mr. Delius, Mr. Fmbury, and other attorneys present. Mr. R. J . DeLargey, 23 Vanderburg Avenue, spoke against apartments. r o a rn owners town. He would lame to see Larchmont wept a home D1r. Gilbreth, 18 Rockridge Drive, opposes the apartment house . Mr. Delius was asked for his opinion and said treat, inasmuch as some of the gentlemen present had gone to considerable trouble to write a brief, he would like to read it. He would also suggest that Mr. Johnston submit a brief. The Supervisor asked whether any of the Councilmen wished to ask questions. Mr. McKeever felt that the majority of those opposing the apart-nent house were from the Village of Larchmont which has many apartment houses, in fact, right up to the Towr? line. Mr . Leo Fish, Huguenot Drive, went on record as being opposed to the apartment house . He recalled the hearing with regard to the property on North Chatsworth Avenue. The Supervisor stated that the present petition imposes a greater responsibility upon this Board. He suggested that Mr. McTdilliams and Mr. Johnston meet with Mr. a Delius, and it might even be necessary to employ special c ounsel. He said there would be no decision made at this meeting . There being no further questions, the Supervisor declared the hear- ing closed. 273 �I Mr. Walter Warner presented a petition signed by 11 residents of Bonnie Way and Briar Close, petitioning the Board to include the area bounded on the north by the Mamaroneck-Scarsdale boundary line, south by the Cross County Parkway, west by New Rochelle.,4amaroneck boundary line and on the east by Weaver Street, in the AA Residence zone of the Town of Mamaroneck. Mr. Warner explained that Rockcliffe Estates, when selling lots in this area, imposed front foot covenants making it necessary for each purchaser to build on not less than SO or 85 feet of land. However, Rockcliffe Estates reserved the right to not impose such frontage restrictions on the balance of the land which is now in their hands. On several of these lots, under the present "All zoning, there will probably be houses built on 50 feet. The property owners would like to prevent the lowering of standards ds and ask t hat this area be re- zoned. There will be no hardship imposed on anyone . After some discussion, it was, on motion by Councilman McKeever, seconded by Councilman Kane, unanimously RESOLVED that a public hearing will be held on the above matter at the meeting to be held June 3rd, notice of which will be published in accordance with law and will read as follows. PLEASE TAKE NOTICE that a. public hearing will be held by the Town Board of the Town of Mamaroneck, pursuant to Sec- tion -464 of the Town Law, in the Council room of the Weaver corner of Weaver Street and Ed ood Avenue Street Fire House cow ew g in the Town of Mamaroneck, on the 3rd day of June, 1953, at - 8: 15 P . M. , to consider an amendment to the Zoning Ordinance of the Town of Mamaroneck by changing the map accompanying and forming part of said Ordinance, so as to show the property bounded on the North by the Town of Scarsdale-Town of Mamaro- neck boundary line; on the East by Weaver Street; on the South by the southerly boundary line of lands acquired by the West- chester County Park Commission for the Cross County Parkway; and on the West by the Town of Mamaroneck-City of New Rochelle boundary line, in Residence Zone "AA" instead of Residence Zone "A" which is the present zoning . TAKE FURTHER NOTICE that all persons interested will be given an opportunity to be heard at the above time and place. Mr. Charles Williams appeared before the Board to ask about top grading of the road through his property which he is developing off Mohegan Road near Fenimore Road, knower as South Ridge Road. The Supervisor said he would inspect the street and take the matter up at the next meeting of the Board. The Supervisor submitted a lease for the rental of premises mown as part of Block 406, Parcel 311 on the Tax Assessment Map of the Town of Mamaroneck, to be used and occupied by tenants of E1kan Park as a playground, at a yearly rental of $1. On motion by Councilman Embury, seconded by Councilman Kane, 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 n Ma of the Town of Mamaroneck, the Tax Assessment p , to be used as a playground for the use of property owners in Elkan Park, at the yearly rental of $1. The Supervisor presented a list of properties which had been sold at public auction earlier in the evening. On motion by Councilman McKeever, seconded by Councilman Embury, the following resolution was, upon roll call, unanimously adopted: WHEREAS, the Town of Mamaroneck, through the institution of an action in the County Court of Westchester County, entitled P9In the Matter of the Foreclosure of Tax Liens pursuant to Article - VII-A, Title 3 of the Tax Law, by the Town of Mamaroneck, List of Delinquent Taxes for 19.4711 , has become and now is the owner of a number of parcels of real estate situate in the Unincorporated Section of the Town of Mamaroneck; and WHEREAS, the Town of Mamaroneck advertised for bids and held a public auction on May 6, 1953, and received bids on certain of said a Is of real estate now owned b- the Tomn of Mamaroneck; and parcels 3 WHEREAS, since the receipt of said bids, this Board has given careful consideration thereto, and after due deliberation, it is RESOLVED that the bids hereinafter listed be accepted at the price and terms therein set forth: LIST OF BIDS ACCEPTED IN SECTIONS 1 to 5 INCLUSIVE Assessed Sales Block Parcel Purchaser Value Price Terms 403 283 Sam Agnessanto 650 300 Cash 502 144 Gus A. Girard.i 11500 500 Cash FURTHER RESOLVED that the Supervisor is authorized and directed to execute and deliver deeds to these parcels in accordance with the terms and contracts of sale, and the Town Attorney is authorized to take all steps neces- sary to complete the sale and transfer these parcels. On motion by Councilman McKeever, seconded by Councilman Embury, the following resolution was, upon roll call, unanimously adopted: WHEREAS, the Village of Mamaroneck, through the institution of foreclosure proceedings in rem, 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 the Tower of Mamaroneck held tax liens on said parcels of real property; and WHEREAS, pursuant to Section 165H of the Tax Law, an agree- ment Village of Ma:aa.roneck and the Town into between the a went was entered g 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 dis- tribution of the proceeds received from said sales; and WHEREAS, the Village of Mamaroneck has, pursuant to an agree- ment had with the Town of Mamaroneck, advertised for and has hereto- fore received bids on certain properties owned by the Town of Mamaroneck as well as on certain properties owned by the Village of Mamaroneck in the Town of Mamaroneck; and 7 WHEREAS, the Board of Trustees of the Village of Mamaroneck has given consideration thereto and after due deliberation, accepted the bid hereinafter listed as to price and terms therein set forth; orth; and WHEREAS, since receipt of said bid, this Board has given care- ful consideration thereto, and after due deliberation, it is RESOLVED that the bid hereinafter listed be accepted at the price and terms therein set forth: BID ACCEPTED IN SECTION 9 Total Town Village Assessed Blk. Par. Sec. Blk. Lot Bidder Amount Valuation Terms 911 544 9 23 33,34 Antonio Guadrini 630 1,800 Cash (Broker - John A. Fazio) The Supervisor requested a resolution renewing the lease with the Westchester County Park Commission for property used for recreational purposes, at an annual rental of $5 • On motion by Councilman McKeever, seconded by Councilman Kane, it was, upon roll call, unanimously RESOLVED that the Supervisor be and he hereby is authorized to sign an agreement with the Westchester County Park Com- mission which provides for the further extension of lease dated May 7, 1948, covering the use of several parcels of vacant land situated on Sheet 10, Pelham-Port Chester Park- way, for a further period of one year, ending April 30, 1954 at the same rental of $5 . The Supervisor stated that it is proposed to employ the firm of William J . Nolan Company, Waterville, Connecticut, at a price of 4750. to paint traffic lines and markings in the Town for the year 1953, and that there will be delivered to that Company, one Econo Liner Marking Machine, with Manual Agitator, purchased by the Police Department on July 7, 1952, at a price of $469.75 and for which the Nolan Company will allow the sum of �4 50 as part � ayment of the contract price of µg'`,750. On -notion by Councilman Kane, seconded by Councilman Embury, it was, on roll call, unanimously RESOLVED that the Supervisor be and he hereby is authorized to employ the William J. Nolan Company at an annual com- pensation of $750 for the painting of traffic lines and markings an the Town for the year 1953, and that he deliver in part payment thereof, one Econo Liner Marking Machine with Manual Agitator now owned by the Town and for which the William J . -^^Bolan Company is willing to allow the sum of $x450. The Supervisor reported that John B.F.orrest had submitted his resig- nation as Deputy Local Director of Civil Defense for the Town of Mamaroneck and Village of Larchmont and had suggested the appoint- ment of Edward S . Hartley in his place . Upon motion by Councilman Kane, seconded by Councilman Embury, it was unanimously RESOLVED that this Board accepts with regret the resig- nation of John B. Forrest, Civil Defense Deputy Local Director for the Town of Mamaroneck and the Village of Larchmont. 279 j Upon motion by Councilman Kane, seconded by Councilman Embury, it was unanimously RESOLVED that this Board recommends the appointment of Edward S . Hartley as Civil Defense Deputy Local Director for the Town of Mamaroneck and the Village of Larchmont, effective June_ 1, ,1953, - to fill the vacancy caused by the resignation of John B. Forrest, present Director. The matter of the proposed plan of the Police Commission for hours of work of members of the Police Department, which matter had been laid over at the last meeting, was presented to the Board by Mr. Delius. Upon motion by Councilman Embury, seconded by Councilman Kane, it was unanimously RESOLVED that the proposed plan of the Police Com- mission for the hours of work of members of the Police Department of the Town of Mamaroneck is hereby approved. FURTHER RESOLVED that as of June 1, 1953, all members of t h e Police Department m ent shall be entitled to 48 hours of rest after working 40 hours, or 5 days of 8 hours each, except in emergencies as otherwise provided by law. Councilman McKeever reported that the new pump station is in opera- tion, and the road through the property of the Split Tree Realty Company is completed. On motion by Councilman Kane, seconded by Councilman Embury, it was - unanimously RESOLVED that the Town Office be closed on Saturdays from May 30 to September 5, 1953, both inclusive. as decided that Mr. Al After discussion, it w iar will be notified p that, in view of the fact that the Village of Larchmont did not see fit to match the Townes contribution of $500, the Town withdraws its offer. There being no further business to come before the Board it adjourned at 10:40 P . M. to meet again on June 3rd, and immediately re-convened as the Board of Fire Commissioners . The Clerk submitted the Fire Report for April, 1953, and the claims e for the Fire Department which had been approved by the Fire Chi..f and audited by the Comptroller. On motion by Councilman McKeever, seconded by Councilman Embury, 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: Atlas Safety Equipment Company c 25 .39 Arthur Massey Brown 50.00 Consol. Edison Co. of New York., Inc . 5 .00 Franklin Cleaner 9.75 281 McGuire Bros. , Inc. 5 .00 New Jersey Fire Equipment Corp. 55 .90 New York State Employees' Retirement System 21509.35 New York Telephone Company 77.00 The State Insurance Fund 21928.48 H . Strauch, Inc . 12.00 Westchester Joint Slater Works, No . 1 15 .12 Total $ 5,692.99 There being no further business to come before the Board, it ad- journed at 10: 45 P . M. to meet again on June 3rd, 1953• Tow Cierk L'