HomeMy WebLinkAbout1953_11_13 Town Board Minutes X19
OF '1_ SPECLAi, MIEETIIdG Of ThE TOIU] OliUPvD OF Ttih TOIlil OF
MAY.i-!K-iECK; HELD -NOVEMBER 131, 1953, Ilt '!HL COURT ROOM OF
IvECK TOIJij POLICE HEADQUARTERS AT li EDGE OOL AVENUE,, TOe,.h OF
Present: Supervisor Mandeville
Councilmen Lmbury, Kane, •,,aterrian, and McKeever
.AT:)8 Eiu T one
Presence was also noted of Mr. Gronberg, To,.rn Clerk, C.nd Mr. Delius,,
Town Attorney.
Tne Supervisor called the meeting to order at 8:15 P . ivi.
Mr. Delius was asked to report on the matter of t!'e apportionment
of i-,Iock 501 Parcel 1, which had been purchased at auction by
Messrs . Rodney., viagid., and Weinrobb.
iJlr. Delius explained tnat -Li-.,e Assessor had originally apportioned the
property as follows:
Block Parcel Owner Land Improvement Total
510 1 Rodney $33o000 33,000
510 50 Magid 21,000
5,000 2 CS,,O 0 0
510 130 'Veinrobb 71,000 20,000 91,000
This apportionment had been made at the request of Mr. 1,,Teinrobb, in
order that he might pay the school tax.
however, upon protest made by Messrs. Rodney and lvveinrobb, and after
a conference with attorneys for them (at which the Assessor was pre-
sent) , he made the following apportionment:
Block Parcei Owner Land
Im-,cro-vement Total
510 1 Rodney 1#31:130 - 31)130
510 50 Magid 24, 210 5,000 29,210
510 100 Weinrobb 69,660 20,000 89,660
Mr. Delius said tni' s is rougilly on a basis of 4w25,000 per acre and ne
feels that where an assessment is set in June and a- change made in
July or August (before the school tax becomes due) the total area
should be used as a basis for making the apportiorLTent.
Mr. Rodney addressed the Board and explained his position.
Mr. Magid was represented by vir. Milton Linderdovn who explained that Mr.
Magid has paid nis tax on tiie original apportionment.
After further discussion, the matter was put over until the next
meeting.
The Board next took up the matter of the petition to re-zone premises
known as 65 Palmer Avenue.
The Super-visoT called on I/Ir. Price Topping who reviewed the facts
for the record.
Ar. O?Donneil was called on and said he had nothing to add.
Mr. Embury then moved and Mr. McKeever seconded the following:
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RESOLVED that the petition dated December 16, 1952,
and filed with this Board, requesting that premises
known on the Tax Assessment Map of the Sown of
Mamaroneck as Block 101 Parcel 1, be re-zoned from
its present zone classification "B-2" to Residence
"A", be and it hereby is rejected.
Mr. 4caterman read a prepared statement setting forth his views on
this and favoring the re=zoning of the property.
__- mr. Ferris Falkner said this exactly expresses the views of the An
District home Owners' Association.
Mr. Delius was asked for his opinion and he said that there is no
doubt the Town has the power to re-zone. However, he agreed with
Judge Close' s opinion regarding the defense of such action if it
were taken. he has grave doubts as to whether it could success-
fully be defended. It krould, of course, depend on the proof
offered. He is, naturally, prepared to defend the Board.
A vote was recorded on the a.aove resolution as follows:
Supervisor Mandeville - not voting
AYES: Councilmen Embury and McKeever
NOES: Councilmen Kane and Waterman
Mr. Embury made a statement as follows:
",First of all, everybody knows that I am against apartment nouses in
the Unincorporated Section. If there are 6 or 7 apartment houses in
the '!own, that is too many.
"Second, I have some very close friends living in that immediate
vicinity. I twin! they greatly exaggerate the loss to them. As a
--- matter of fact, I think they will be better off than with the mon-
strosity which is now there. However, that is not the point. This
property has been as it is presently zoned for almost 20 years.
If these people had come in here 5, 10, or even 1 year ago, I would
have unhesitatingly voted to up-zone it. But for them to sit back
and now expect us to rob the owner of 50 or 60 thousand dollars, - i
I think is absolutely intolerable and 1 don' t think any court in the
country would sustain it. '
Mr. McKeever said he agrees wnoleneartediy with Yr. E,mbury. He
said he could understand people trying to protect Heir interests
but there are extenuating circumstances here. He believes the
Colony did not devaluate the surrounding property.
Mr. Kane said he had felt all along as ?fir. Embury feels. He be-
lieved t'_��e present owner is going to suffer and ne felt it might be
confiscation. On the other nand, he thought of another apartment
house in this community and decided it would be unfair to the
owners in the area. Also he feels that the schools may be crowded.
The Supervisor said he understands there is already a recommenda-
tion to build a school whether this apartment is built or not.
Mr. .-Mane said he had also considered the possible overcrowding of
hospitals, the possibility of extra parking problems and police and
fire protection problems and all these are the reasons for his vote .
The Supervisor said that as a taxpayer and citizen of this community
he would withhold his vote at this time. He continued, "There are
factors involved here which are far-reaching and could have far-
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reaching results. I don' t blink the problem has been properly
analyzed. 'nee have had the best advice of counsel from our own 'Town
Attorney and from Judge Close. 1 would like to see the resolution
held in abeyance and not voted on till after the next meeting of this
Board, at which time I will vote and, in the meantime, I would like to
see four men in Howell Park sit down with the 'Town Attorney and Judge
Close and have them discuss this matter further, insofar as the
action and impact of this matter on the entire Town.
' If we were to endanger our position by having a lawsuit, it would
be something which all the people would be concerned with. I am try-
ing to reach a happy solution which will make everybody happy. There
should be no politics and much patience and cooperation. There is
this to be said. At the present time the zoning, if sustained by a
court, regardless of what this Board does, this Town and particularly
the people in Howell Park and the 6th District Home Owners' Associa-
tion may be faced with a. hostile builder. I don' t even know if the
builder is still in the picture. The zoning as it is now, provides
for a certain type of building. That type of building would be not
only an eyesore but possibly a liability. That plot can be developed
to the satisfaction of the people who it will affect the most with a
building which will be half the size of what the present zoning allows,
with off-street parking, with set-back the same as the Colony, and
with a design acceptable and agreeable and I think that might be
better than taking what we are told will be a losing battle with the
court. If we take it to court and lose it, we may want to take it
further and that can be very expensive. I, therefore, ask the indul-
gence of the members of this Board to defer further action until the
next meeting ."
Mr. ha.terman said, as a point of order, the motion was to reject and
the motion was not carried so the Board has merely refused to reject
the re-zoning.
It was agreed this matter would be put over.
Mr. Josepn Johnston said he is representing the people who own the
property and on behalf of the owner, he Mould like to have a vote, a
decision, one way or the other. He said he felt Lis people had
been stalled long enough, - since last December, and "it is for this
Board, now, after 12 months, to reach a decision tonight, regard-
less of the outcome.W1
Mr. Topping suggested that the decision be postponed until January.
Mr. Johnston again contended that the vote be taken immediately, or,
if not, he said, "Can we have any assurance as to when it will be
takenYT
The Supervisor assured Mr. Johnston that a decision will be made
on December 16th.
The following were suggested as a committee to meet with Mr. Delius
and Judge Closes
Mr. James Rayen
Mr. Edward. heeler
Mr. "Laurence J. Sobel
Mr. John E. Barry
_ Mr. Price Topping.
These gentlemen will be asked to meet with Mr. Johnston at his office,
together with the architect of the proposed apartment house, or sucn
other person as Mr. Johnston shall designate.
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Representatives from the Larchmont hills Civic Association presented
tLemseives and went on record as favoring the yap-zoning.
The Board now took up the regular order of business.
The Clerk presented a letter, dated November 13, 1953, from Mr. O'Brien,
Superintendent of Highways, recommending the installation of two lights,
one at the corner of Old White Plains Road and Fairway Drive and the
other at the corner of Doris Road and Fairway Drive, at $64.50 each.
On motion by Councilman haterman, seconded by Councilman Embury, it
was unanimously
RESOLVED that the Superintendent of highways be and he
hereby is instructed to authorize the installation by
the Consolidated Edison Company of hew York, Inc. , of
two street lights, one at the corner of Old White
Plains Road and Fairway Drive and the other at the
corner of Doris Road and Fairway Drive at a cost of
$64.50 each as per estimate given by that Company.
The Clerk presented to the Board the matter of appointing an enumera-
tor to take a census of dogs throughout the Town, (Unincorporated Area) .
Upon recommendation by Supervisor Mandeville and on motion by Council-
man Embury, seconded by Councilman Waterman, it was unanimously
RESOLVED that, pursuant to Section I% of the Agri-
culture and Markets Law, John C . Forrar be and he
hereby is appointed Dog Enumerator for the Unin-
corporated Area of the Town of Mamaroneck for the
year 1954.
The Clerk _presented the following reports which were received and
--- filed:
Summary of Receipts and Disbursements, January 1 to September 30, 1953
Analysis of Budget Appropriations and Expenditures, January 1 to
September 30, 1953
Analysis of Estimated Revenues, January 1 to September 30, 1953
Statement of Bank Balances as of November i, 1953
For the Police Department, Tor. Embury presented a request for in-
stallation of a mechanically operated light at the corner of Palmer
Avenue and Richbeil Road in the Unincorporated Town.
On motion by Councilman Embury, seconded by Councilman Kane, it was
unanimously
RESOLVED that the Town Clerk be and he hereby is
authorized to publish the following notice in
the Mamaroneck Daily Tines:
PUBLIC TAO°DICE
NOTICE IS nEREBY GIVEN that sealed bids will be received by the
Town Board of the Town of Mamaroneck until five oBclock F. M. on the
2nd day of December, 1953, at the Town Office, 158 west Boston Post
:load, Village of Mamaroneck, hew York, for furnishing:
- i
1 - Model 824% E.iectro-Matic Two Phase Semi-actuated
Dispatcher with an additional actuated Pedestrian
WALK Phase. In Type D Cabinet for wood pole
mounting. With Flasher and Radio Line Filter.
3 - Pedestrian Push Buttons and Signs which read:
"'To Cross Street push Button, bait for Walk Light"
i - 84 Type HR Non-Directionai Pressure Sensitive
vehicle Detector
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1 - 4-Way, 4-Section Span fire Signal with 4-Section
Wait all around
or equal equipment, in accordance with specifications now on
file with the Chief of Police of the Town of Mamaroneck at Town
Police quarters on Edgewood evenue, Larchmont, New York, which may
be examined any day except Sundays, between the hours of 10:00
A. M. and 5:00 P. M. Tne price bid most include delivery charges
at Mamaroneck, hew York.
The 'Town Board reserves the right to reject any or all bids.
Councilman Embury also submitted bids for uniforms for the Police
Department as follows:
Brooks Uniform Co. 1772.25
Caleb V. Smith & Son 780-30
3
Merson Clothes, Inc . 778®00
On motion by Councilman Embury, seconded by Councilman Kane, it
was unanimously
RESOLVED that the Police Department be and it
hereby is authorized to purchase from Brooks
Uniform Co. , 75 blest 45th Street, hew York City,
winter uniforms, for a total price of $772,25 .
FURThER RESOLVED that the Police Department be
and it hereby is authorized to purchase from
H. V . Margoluis Sons, Inc. , Mamaroneck, 1. Y. ,
one winter suit each for the Cnief and Detec-
tive Sergeant at $60. each.
Councilman Embury stated that he had carefully studied the budget
and was ready to move its adoption.
Councilman Kane said he felt that the salary in the budget for an
engineer 05,000) is not sufficient. It would require at least
17, 500.
The Supervisor asked for an increase in the budget of $1,800
toward the salary of the nurse for the Viilage of Mamaroneck. he
said he had not received the letter asking for this until after
he had completed the budget.
The members of the Board, having discussed the preliminary budget,
prepared the following itemized statement of the estimated revenues
and expenditures of the Town for the fiscal year commencing Janu-
ary 1, 1954, which statement is known as the kuunal Estimate:
PRELIMINARY BUDGET
ESTIMATED DIStURSEMENTS
GEAERAL TOWN
1. Town Offices 630,670.00
2. Supervisor 6,000.00
3. Comptroller 1, 580.00
4. Town Cierk 6,490.00
5 . Elections 9,955•00
6. Receiver of Taxes 13,200.00
7. Assessor 16,755 .00
8. Law 9,105 >00
9 . Justices of the Peace 7,490.00
10® Contributions & Donations 1,600.00
11. Board of Appeals 25 .00
12. Engineer 11,590.30
13. Building & Plumbing Dept. 1,550.00
i4® Highway - General Town 212270®00
i5 . Miscellaneous Expenditures 37,775 .00
16. Debt Service 7,759.75
i
429
OUTSIDE OF VILLrGES
17. Poiice Department 4167,068.25
18. Miscellaneous Expenditures 201734.32
i9. Debt Service 41237.50
PIGHW-AY DISTRICT - 0/V
20 Highway Department 63,000,00
GkhBAGE DISTRICT N0 . 1
21. Garbage Collection 56,438.00
22. Garbage Incineration 161763.50
FIRE DISTRICT NO. 1
23. Fire Department 522455 .00
24. hydrant Rental 102225 .00
LIGhTING DISTRICT NO . 1
25 . Street Lights 22,300.00
WATER SUPPLY DISTRICT NO . 1
26. Capital Construction & EquipLrent 10,870.00
27. Debt Service 38,976.50
PARK DISTRICT NO. 1
28. Parli_ Department 22,575 .00
29. Debt Service 19,424.50
SE-1w.LR DISTRICT NO. 1
30. Sewer Department 27,070.00
31. Debt Service 103 ,863.87
Grand Total 818,816.19
ESTIMATED REVENUES
GENERAL 1OWN
Interest and Penalties on 'Taxes 8,500.00
Town Clerks Fees 1, 500.00
- Fees, Building and Plumbing Inspector 11800.00
Rental Town Property 1,200.00
Justices! Fines and Fees 3,000.0'0
Miscelianeous Fees 200.00
Per Capi a Assistance for support of
Local Government 102,136.12
:Mortgage Tax 17,000.00
Dog Licenses 11800.03
Franchise Payments 603.00
Cast Lvailable 45,078.63
wi.LTER DISTRICT NO . 1
dater Revenues 38,976.50
PARK DISTRICT NiO . 1
Cash Available 1,550.00
Total Estimated Revenues 223,341.25
On motion by Councilman Kane, seconded by Councilman Embury, it
was, upon roil call, unanimously
RESOLVED that the foregoing Preliminary Estimate or
Tax Budget of t:^e 'Town of Iviear,_aronecfi, as prepared by
this Board for the year 1954, be and it hereby is
approved, and be it
FURIE,ER RESOLVED that the said original estimate or
budget be filed in the office of the Town Clerk where
it will be available for inspection by any interested
persons at all reasonable hours, and be it
FURTriER RESOLVED that trie Public hearing t'_2ere0n as
required by Section li3 of the Town Law, be held by and
before this Town Board on Vednesday, December 2nd, 1953,
at 8.15 P . M. , in the Vleaver Street Fire house, Town
of Mamaroneck.
On motion duly made and seconded, it was unanimously
RESOLVED that the Torn Clerk give notice of said Public
Bearing as required by Section 113 of the 'Town Law in
1e1lhe T1ailtr Timcct` ' tho nf'ficial n 7,rspa,per ruhlicner9 in
431
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the Town of Mamaroneck, in its issues of ivovember 21st
and 28th, 1953
Councilman Waterman inquired whether a Town booklet would be pub-
iisned this coming year and Supervisor Mandeviile appointed him a
committee of one to look into tlis matter for the folio-,-Ting year.
Councilman Embury noted in going over the budget t_iat he had
noticed the amount of taxes paid by t_bis Town to the County had
increased : 2.41 a thousand; the school taxes are up 60%; and file
total Town taxes are down 6% .
There being no further business to come before the meeting, it
adjourned at 10:20 P. M. and immediately reconvened as the Board
of of Fire Commissioners.
ro ncilman Waterman presented a letter dated November 12, 1953,
from Fire Chief Anthony Mirande giving a list of the firemen of
the 'Town Department who are affected by the new State insurance
Law and who have been transferred to the associate rolls by order of
the Town Board, as follows:
John Belluci, 10 Cliff Way, Lareh:nont, N . Y. 3 years
Loins J. Buono, l912 Palmer Avenue, Larchmo _t, `d . Y. 9 years
Charles Conte, 34 'vanderburgi Avenue, Larchmont, N . Y. 24 years
(Ex Deputy)
Augustus R. Funck, 334 Prospect Avenue, Mamaroneck, N . Y. 19 years
(Ex-Deputy)
Charles Guadagnoio, 1030 01d Post Road, yiamaro eck, ic. Y. 17 years
Arthur F. Johnson, 21 1400dland Avenue, Larchmont, N. Y . 19 years
(Ex-Deputy)
Frank McGeough, 506 Prospect Avenue, Mamaroneck, iv. Y. 43 years
(Ex-Ghief)
Joseph iMastocciolo, G East Avenue 7archmont, N. Y. 23 years
(Ex-Captain)
Felix J. Renna, 1325 Stoney Brook Avenue, Mamaroneck, N. Y. 5 years
(Ex-Captain)
Michael Spampinato, Parkway Arms Apts. , LarcLmont, N . Y. 11 years
Richard M. Thorburn, 76 Wendt Avenue, Larchmont, iu. Y. 33 years
(Ex-Deputy)
Ernil Torre, 76 Nendt Avenue, LarcLmont, iV . Y. ii years
(Ex-Captain)
John ivi. Torre, 6 West Avenue, Lar ch°nont, (Lieutenant) 5 years
There being no further business, the meeting adjourned at 10: 25 P.
to meet again on December 2nd, 1953.
1'o Cl rk