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HomeMy WebLinkAbout1953_06_03 Town Board Minutes 283 MINUTES OF A REGULAR MEETING OF THE TOWN BOARD OF THE TOWN OF MAMARO- NECK, HELD JUNE 33 19532 IN THE COUNCIL ROOM OF THE WEAVER STREET FIRE HOUSE, TOWN OF MAP'IARONECK. PRESENT: Supervisor Mandeville Councilmen Embury, Kane, Waterman, and McKeever ABSENT: None Presence was also noted of Mr. Gronberg, Town Clerk; Mr. Delius, Town Attorney; Mr. Finson, Town Accountant; and Mr. O'Brien, Superinten- dent of Highways. The Supervisor called the meeting to order at 8: 15 P . M. Walter E . Warner, Jr. , Briar Close, appeared in connection with appli- cation to re-zone property in that area. This matter was postponed until the next Board -meeting because of an error in the advertisement of the description. Mr. Warner submitted a new supporting petition signed by 16 people. Mr. Louis Zingesser, Halstead Avenue, Mamaroneck, an attorney, appeared representing Mrs. Elin Hansen who has made application for a dance hall permit, which application has been denied by the Town Clerk upon recommendation by the Chief of Police. Mr. Zingesser asked for further time on this matter. -- The Supervisor stated that the Town of Mamaroneck has an outstanding Police Chief who does not make mistakes and he would, therefore, approve the Town Clerk' s decision. Mr. Zingesser requested an opportunity to be heard. The Supervisor suggested that he appear at the next Board meeting. Charles Fitch, 1120 Cove Road, Mamaroneck, appeared representing the Mamaroneck Rangers Conservation Club. He submitted a report and said the Club would like to see something done about the water pollution croblem in Mamaroneck. The Supervisor announced that this is a County matter but the Board will review the report and refer it to the County for further study. Mr. Jerome War-shell Beverly Place, appeared representing Mr. Alfred Pocc ng is who is constructs houses (one of which has been sold and is ready for delivery) on Hickory Grove Drive. He said the sown had sold this land to Mr. DeCicco who in turn had sold it to Mr. Poccia. They are now unable to obtain an occupancy permit from the Building Inspector until the street is paved. They, therefore, request the Tower to pave this portion of Hickory Grove Drive. Councilman McKeever said the Board has no money to build roads. Mr . Wanshel said he had been given to understand they would not be treated differently from anyone else. He was told that no road work of this sort has been done by the Town in 1953. Mrs. Sheppard Butler, Stonecrest Apartments, appeared with her hus- band before the Board, to claim that she is being penalized in con- nection with parking . She said the residents of the Stonecrest Apart- ments are the only people in the County who are not allowed all night parking . She said they are told by the Police that they had better give up their cars. The Supervisor informed Mr. and Mrs . Butler that this is a matter for the Police Commission. Mr. Charles Williams appeared before the Board to request an Occu- pancy Permit for one of his houses on South Ridge Road. He also asked if the Town Board would go on record as being unwilling to give further aid to any of the builders. He gave figures to illustrate the improvement made in that locality since he had co=enced. building . He said the assessment had been x$21,000 and it is now $72,000 . This -- increase has been made within a period of 3 months and he promised a still further increase in the value of the property. He said it had_ been the general understanding of the builders that the Town would aid them in this manner. The Supervisor said that at present there is no money in the budget for these matters . Mr. Williams said he will pave part of the road to give access to one house which has been sold and the new owners are living in a hotel, awaiting an occupancy permit before they can move in. However, he will need some time for this. The Supervisor said he and Councilman McKeever would look at the property on Saturday morning and notify him of their decision. Councilman Kane stated for the record that he believes the Board should have a definite policy on matters of this sort and that they should come directly to the Board and be handled by the Board. Mr. Poccia asked if the policy of the Board in the future will be that no more streets will be black-topped. Councilman Waterman said the Board will not give an answer. Supervisor Mandeville stated that in the year 1953 there will be no streets paved. The Supervisor now addressed the meeting with respect to the petition to re-zone 65 Palmer Avenue . He said the Board would make no deci- sion tonight. He had invited each of those who spoke at the public hearing, so that the matter might be reviewed. This matter, he said, is one which the Board is anxious to decide in the right way and not make a. political decision. He suggested that Mr. Johnston speak first. Mr. Johnston said he represents the owner who is content with the present zoning . The petition is by a group of people to change the zoning . He again restated the facts as he Knows them: The property was private residential property in 1922. Mrs . Smith had been under the impression that it was zoned for mul- tiple dwellings. When she learned in 1929 that she would need a change of zoning be- cause of a mortgage, she petitioned the Town Board and after the usual 1 hearing, the Board re-zoned her property. When the Town later made changes and corrections to its ordinance and map, it kept this property I the same zone. Mr. Smith lately made a deal to sell the land for $100,000 and these people immediately rushed in with their petition. The circumstances concerning the property, he gave as follows: It is 200` x 4OOa . Palmer Avenue is a County Road and runs through to New Rocheile. Everything has been built from the Town line which adjoins this property. The Colony is right next to it. Everything on the Village side of the property is zoned for apartments and stores. I 287 I On the other side of the Village of Mamaroneck-Towr line, everything on Palmer Avenue going toward Maraioneck is zoned for multiple dwellings. In the Town there is some private residential property east of the subject property. The land is almost completely rock formation. Before private residences could be built there, it would cost a fortune. The estimate given by the builder to remove the rock is $50,000. It would not be good for private residences. It is bounded in the rear by the railroad tracks; the front by a County highway, Palmer Avenue; and on the west there are apartment houses and business. He said his client has a deal and there is nothing anyone can expect this Board to do to change the facts . This Board has nothing to do with L,archmont, or the railroad tracks, or Palmer Avenue, or the contract to sell, or the rock, and these are all things which must be taken into consideration if you try to re-zone. It has been carried by these people 25 or 30 years. It would not be fair, just, or legal, to take away the value of this property. The Supervisor said he is very happy that he is not the broker in this deal, and he then asked Mr. Johnston who the broker was, where- upon, Mr. Johnston suggested that Mr. Justine Glickson, representing the builders, would supply the information. Mr. Glickson stated that Rossback Associates, East 57th Street, New York, had been the brokers . The Supervisor asked if there was anyone else present who wished to be heard in favor of the present zoning . The opposition was represented by Mr. William J . McWilliams, who called the Boardts attention to the resolution passed by the Town Board on November 27, 1929. He read the resolution. He continued reading and then said the boundary (of the parcel re- zoned by the resolution) is the enact limits of the subject property. "As a mutter of law" . he said, "this zoning passed in 1929 was com- pletely illegal. The zoning was not done in accordance with a compre- hensive plan. The -utter of trying this case is rapidly becoming a question of law." Councilman Waterman asked Mr. McWilliams whether it is his position that the present zoning ordinance is unconstitutional and null and void, and does he believe there is any point in the Town Board "attempting any correction."' Mr. McWilliams said it had been illegally passed. (the resolution) As a natter of law, he said, "they are not precluded from asserting their rights." The Supervisor asked Mr . McWilliams if he were telling the Board that the zoning is wrong . Mr. McWilliams said the Zoning Ordinance was properly enacted accor- ding to a comprehensive plan in 1922 but that particular amendment was illegally enacted. The Supervisor said there had also been an enactment in 1942. - Councilman Waterman asked, if the original. resolution, with respect to this particular parcel were void, ""is it not, in fact, so today? Whatever is done, would it add or subtract anything? Therefore, your remedy would be to get injunctive relief against the issuance of a permit." Mr. McIlTilliams said the remedy is to rescind that resolution and be- cause there have been so many amendments, "to make sure that it would revert to Class ?As , - to make it plain." Mr. O 'Donnell said they want the property rezoned. 289 Mr. Met1illiams submitted that the ruling authority of the Court of Appeals on the natter of the legislative power of the Board is the He went on to say that at the time the 1929 amendment ��n atles case y Ski e III was passed, the neighboring property in I,archmont was zoned for private residences. It stayed that way until 1937 and even today, the apart- ments are limited to 2 stories. Mr. Embury suggested that he (Mcti'Tilliams) had an opportunity to take this Board off the spot. If he is convinced of what he says "why don1t you bring a bill for injunctive relief and make this Board put it back. to I Mr = McWilliams thinks it is an unfair burden to put on the neighbors. Mr® Waterman asked Mr. Mellillia.ms to submit a. brief. Mr. McWilliams said he would do so and- wanted it on the record that he is not being paid. c 1 dinance ?r. McWilliams said the main thing �... -o es �a.�lr.h that an br must be passed according to a. comprehensive plan. The Supervisor asked if he knew whether or not this property was zoned for m ultiple dwellings before t he site where the Colon y stands was zoned for that. Mr. Mcldilliams said the Colony was zoned later, in 1937 or 1938. The Supervisor wanted to know whether the Colony was re-zoned first or later. The Smith property was zoned approximately 10 years earlier, Mr. Waterman said their position would be stronger relying on the in- validity of the present ordinance rather than relying on the invali- dity of the old one. Mr . McWilliams said this Board has the power to go back, apart from the idea that the other amendment was illegal. He quoted from the as Eas .,+chester .c e Mr. O'Donnell agreed with Mr. McWilliams and pointed out that the Board would be on solid ground in taking this position. " ?hen the Board, with due deliberation considers the purposes for whioi� you have zoning power, takes an action to restore the zoning, no Court will upset it." He said, "ode have brought before you the reasons why another apartment will be a hardship for the 'Town. If the ToZ;7i I takes action, there is a presumption in your favor ." The Supervisor said he was at a loss to understand Mr. McWilliams' theory that it would be easy to re-zone this property while admitting that the property next dooms to it was re-zoned to apartment property y 10 years later. Mr. OfDonnell said if the Board- should decide they want no more apart- ment houses (citing a decision in Connecticut) it has the right to put a halt to apartment house building in this Town. Mr, Keeler said the Howell Park Association opposed the erection of the Colony. Its present design is the result of that opposition. He said another thing which influenced the association was the promise that the street would be run through, giving them access to the railroad station. Mr. McWilliams understood the apartment will be 4 stories . 291 j ?r. Kane asked if the builder would confer with them, could they perhaps, come to an agreement. Mr. Keeler said this would not be possible . He went on to say that Howell Part: is a lovely place and they believe that if the apartment house is erected, "Howell Park will become its playground." Recently this very property had signs, 19Donst park your dog on this property." They, therefore, go to Howell Park and that is ti;hy, as an individual and as a representative of Howell Park, Mr. Keeler opposes it. He understands that it is a difficult situation. He would suggest that the Board consider three things: (1) Insofar as the Unincorporated Section is concerned and also the Village of La.rchmont, the question of the construction of apartments is one of the items people oppose. He then went on to tell about the meeting in 1929. ( 2) Once you start on Palmer Avenue with apartments, it is only a question of time until all the people will be looking to build apart- . ments. (3) It would establish the position of the Board and even though it might be an expense, it would be in pursuance of the theory that apartment houses are not desired. The people of Howell Park appeal to this Board to save them from that apartment house and feel that the Board has the power to do so. The Supervisor related the story of a recent application which had come before the Board. This Board had no problem, he said, in denying that petition for down-zoning . If this were in reverse, it would not take 5 m minutes. tide are worried about what comes after. er. There is no danger about further down-zoning, This is true here be- cause of a zoning situation which was set up almost a quarter of a century ago. Mr. Price Topping said he appreciates the high level of these meetir_gs. -�, Johnston said the remises He called attention to she fact that Mr. J�hnst� p are unfit for single-family dwellings. It is no higher than Mr. Footees, Mr. Dillon' s, and Mr. Magginits, and they all have rock for- mation. Also, he said, Mr. Johston made the statement that he, (Mr. Topping) came before this Board and apologized concerning his petition. That, he said, is not true . He firmly believes that that which this � + 2 s given, it can take away. �!e has not caked into the L9 9 Board ha b , ., amendment or resolution but he feels from his talks with attorneys, that it is not the right but the obligation of this Board to take away what it has given. The taxpayers will take action to file suit to correct the action_ if this Board wishes the residents to be obliged to pad= for this. He spoke as a representative of 160 voters. The Supervisor asked him if he admitted this had been a multiple dwelling for many years. Mr. Topping admitted that she (Mrs. Smith) had some rights but they were not vested rights. Mr. McWilliams said he wished to point out that the basis of the fact that this was an illegal amendment was only disclosed at the last -- meeting . If this Board finds itself in a tough spot, it lies entirely with the Board. - I 2931 The Supervisor said the Board finds itself in this predicament. The proposed owners or builders have indicated a willingness on their part, after the last meeting (at which Mr. Hummel appeared) to consider a 4 story elevator building with off-street parking, etc . and "we are concerned to a degree with the fact that if we up-zone this site and if all of your assurances and guarantees donet turn out to be the answer, and the Court finds against the Town for doing it, they are then in a. position to put up what they like. We may find ourselves in a position of being faced with a 6-story building, parking done as it is throughout the Town, Village included." Mr. McWilliams said this Board has ample power to reduce the height of apartments. This Board can very easily prevent a 6-story apart- ment. Larchmont is limited to 2 1/2 stories. The Supervisor asked where multiple buildings can be built in the Tillage of Larchmont. Mr. McWilliams said some property on the Boston Post Road, and Palmer Avenue, near the coal yard, and in the 8°CB1 zone. Mr. McW illiams said, "We should be in unity on the height of apartments and the area they may cover." Mr. Johnston said the coverage of the proposed apartment is 3510 of the plot. The Supervisor said the Town only has to concern itself with this site and one other® These are the only areas in the Unincorporated Town which will permit apartments. Mr. McWilliams said the Board finds itself faced with a. very serious question - h' amendment was void and the Board should go along that this with its own citizens . The Supervisor said Mr. Slane had given some thought to the idea that perhaps this site might be used for a school. Mr. Topping said that while he would not welcome a school there, he personally feels it is the duty to have schools, and he would endorse a school there. The Supervisor said there has been a great deal of talk about the need for a new school location. He brought this up to show that the Board has given a great deal of thought and consideration to this situa- tion. Mr. Topping said he would like to pass on a thought - that there is a street behind the Colony which dead-ends against the rear portion of these premises. It might be possible for the Town to buy this and use the rear portion for parking and the front for a residential house. Mr. Kane said the possibility of a school had been offered by Mr. Edmund Van Hook. Mr. Waterman believed there is too much rock in the rear of the premises. Mr. Joseph Seely, a Serpentine Trail, representing the Pine Brook OwnersB Association, related an incident concerning the Edwards pro- perty in Larchmont. He believes this Board will act in the interest vv n it will mean more apartments,� � have more a o� a_a_ taxpayers. Ii you , schools, etc. and if it is within your power, I think you will take the necessary steps to do this ." 295 The Supervisor said that while Mr. McWilliams was attorney for the Village of Larchmont, they had bought 2 or 3 pieces of land to pre- vent the erection of apartments and the Patricia. Gardens and Colony had been erected. He cannot reconcile this with Mr. McWilliams' thinking about the Town. Mr. McWilliams said he was here merely because some people asked him to be their attorney. Mr. Van Hook expanded the idea of schools with figures of his own. The Supervisor read from a letter, signed by Mr. Van Hook. Mr. O'Donnell said it was fairly obvious on the face of the letter that no one was making cracks at the Town. Board. Mr. Johnston said (as a taxpayer) he does not feel that these gentle- r_ e + " unnatural men using the �agares, ,c,van exactly whams they say. It is unn tur and very harsh. We should not raise any question at any time or any place about the cost of educating the kids, some of whom are now fighting and dying for gas." 2.r. Louis M. Bernstein, 1 Huguenot Drive, representing the Larchmont Hills Association, said within the last week there had been an article in a New York paper on the subject before this Board tonight, dealing with the impact of apartments on taxes and community services and much data with respect to cost of services to apartments, industrial trends, commercial establishments, etc. The editor clearly pointed out that that was not against small homes or apartments, but the econo- mics of the situation requires the placing within the same tax structure, all business and industry which provide more taxes than their services require, and then to frankly subsidize the smaller apartments and homes, as we do not have the expansion possibilities for commercial or Indus® trial ro ert .5 to g g o along wiwith a further expansion of apartment houses p p and subsidies admitted in real estate and financial circles. Those of us who are talking against this are not taking an antisocial point of view. The Supervisor said only a couple of months ago we had a hearing on a piece of property. There was opposition. The school factor was brought in and it was said the property was only good for that use and that was why the people took it. The Supervisor said the Board would well consider this . He asked if there was anyone else who wished to talk. Mr. Waterman asked Mr. Johnston about the question of the resolution being invalid from the beginning . Mr. Johnston said there is nothing to it. Mr. Waterman asked if they plan to finance these apartments . Mr. Glic"kson said he had not investigated the matter of the amendment but is willing to go along with what Mr. Johnston says , There being no one else who wished to be heard, the Supervisor de- clared the hearing closed. The Board now proceeded to take up the regular order of business. On motion duly nave and seconded the minutes of May 6th were approved as presented. 2971 The Clerk submitted a letter dated May 6, 1953, from Mr. Leo Goldsmith, Jr. endorsing the opinions expressed in the letter, dated April 292 n ° � s ietions and going on 1953, from the Council of Larc...hont Civic �s oc , g � record as supporting a petition to restore the property in question (65 Palmer Avenue) to "A9l zoning . The Clerk submitted the following reports: Attendance Report, May, 1953 Town Clerkas Report, May, 1953 Building Report, April, 1953 Building Report, May, 1953 Report of Receiver of Taxes and Assessments, May, 1953 List of Claims Audited and Paid by the Comptroller, May 1 to June 1, 1953 Statement of Bank Balances as of June 12 1953 Su=ary of Receipts and Disbursements, January 1 to April 30, 1953 Analysis of Budget Appropriations and Expenditures January 1 to April 30, 1953 Analysis of Estimated Revenues January 1 to April 30, 1953 Councilmen Embury and Kane had nothing to report. Supervisor Mandeville requested a resolution appointing Messrs. Percy M . Bibas, S . Mills Harris, and Silvio Rainaldi to the Board of Review. On motion by Councilman Embury, seconded by Councilman McKeever, it was unanimously RESOLVED that in pursuance of Section 529 of Chapter 952 of the Laws of 1945 (Westchester County Administrative Code) the Board of Review is hereby appointed to consist of Percy M. Bibas, S. Mills Harris and Silvio Rainaldi, being resident taxpayers of the Town: and who shall serve at the pleasure of the Board. FURTHER RESOLVED that the compensation of the aforemen- tioned members is hereby fixed in the amount of twenty- five ($25) Dollars a day but not to exceed $250 each, The Supervisor requested a resolution authorizing an increase in salary for Patrolman John M. Leonard. On motion by Councilman Embury, seconded by Councilman Yaterman, it was 'unanimously RESOLVED that the annual compensation of John M. Leonard, Patrolman, be and it hereby is fixed at $4,500, effective as of June 1, 1953, in accordance with the regular incre- ment schedule allowed. The Supervisor submitted a. revised estimate, made by the Westchester Joint Water Works, No. 1, dated May 113 1953, of the cost of installa- tion of a 6" water main in Laurel Avenue, including a fire hydrant. On motion by Councilman McKeever, seconded by Councilman Waterman, it was, upon roll call, unanimously RESOLVED that the Town Board of the Town of Mamaroneck hereby approves the installation of a 6Y1 water main in Laurel Avenue, with valve boxes and one fire hydrant, I or the supply of water for 7 houses on that street, and for fire protection purposes. FURTHER RESOLVED that there is hereby appropriated the sum of $3,411.62 to be advanced from Surplus and included in the 1954 budget for the Water District. 299 d The Supervisor requested a resolution authorizing the attendance of the Superintendent of Highways and the Town Accountant at a School for Superintendents of Highways, sponsored by the Association of Towns of the State of New York, to be held at Cornell University, Ithaca, N. Y., on July 8th, 9th, and 10th, 1953. On motion by Councilman McKeever, seconded by Councilman Embury, it was, upon roil call, unanimously RESOLVED that Town:Superintendent of Highways O'Brien and Town Accountant Finson be and they hereby are authorized to attend the School for Superintendents of Highways, sponsored by the Association of Towns of the State of New York, to be held at Cornell University, Ithaca, N. Y., on July 8th, 9th, and 10th2 1953, expenses for said trip to be paid out of the item in the budget appropriated for such expenses. The Supervisor requested a resolution authorizing payment of compen- sation of $3,600 per annum to William Paonessa who has returned from service in the Armed Forces of the United States and will be rein- stated as Junior Assistant Engineering Aid in the Town Office, said compensation to commence June 1, 1953. On motion by Councilman Embury, seconded by Councilman McKeever, it was, u p on roll callo unanimously RESOLVED that William J. Paonessa be and he hereby is appointed Junior Assistant Engineering Aid of the Town of Mamaroneck and that his salary be and it hereby is fixed at the sum of $3,600 per annum, such salary or compensa- tion to be payable as of June 1, 1953. - The Supervisor presented a Financial Report, dated December 31, 1952, made by Glick-Freedman, Certified Public Accountants, New Rochelle, N. Y. The Supervisor submitted a certified copy of resolution passed by the Board of Trustees of the Village of Mamaroneck at the regular meeting held May 25, 1953, accepting bid of Bernardo Fraioli in the sum of $500 for property known as Section 8, Block 8, Lots 94 to 97 inclusive and requested a resolution approving the same. On motion by Councilman McKeever, seconded by Councilman Kane, 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 Mamaro- neck and Town of Mamaroneck; and WHEREAS, both the Village of Mamaroneck and the Town of Mamaro- neck held tax liens on said parcels of real property; and WHEREAS, pursuant to Section 165H of the Tax Law, an agreement was entered into between the Village of Mamaroneck 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 301 1 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 Mama- roneck as well as on certain properties owned by the Village of Mamaroneck onec k in the Town of Mamaroneck; and 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; 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 8 Total Town Village Assessed Blk. Par. Sec. Elk. Lot Bidder Amount Valuation Terms 811 1 8 8 94,95, Bernardo Fraioli $ 500 1,400 Cash 96,97 (Broker - Frank J . Macri) The Supervisor reported that the streets throughout the Town have been cleaned and the street sweeper is doing a goo d job. There have been no complaints and everything in the Town seems to be in good shape. 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: y ad p ed: WHEREAS, the Town of Mamaroneck, through the institution of an action in the County Court of Westchester County, entitled "In the Matter of the Foreclosure of Tax Liens pursuant to Article VII_A, Title 3 of t he T ax L a w , by the Town of Mamaronec k List of Delinquent Taxes for 1947", 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 June 3, 1953, 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 deliberation, it is RESOLVED that the bids hereinafter listed be P accepted at the rice and terms therein set forth: P LIST OF BIDS ACCEPTED IN SECTIONS 1 to 5 INCLUSIVE Block Parcel Purchaser Assessed Value Sales Price Terms 409 311 (Lot 74) Arden B. Crawford $ 2,000 667 Cash 409 311 (Exclusive of Lot 74)John Kuhn 18,500 6,167 Cash FURTHER RESOLVED that the Supervisor is authorized and directed to execute and deliver deeds to these parcels i'