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HomeMy WebLinkAbout1954_03_03 Town Board Minutes 53� iINUTES OF A REGULAR AhE'TING OF THE TOWN BOARD OF ihE TOWN OF MAMARO- NECK, HELD MARCh 3, 1954; IN THE COURT ROOM OF MAMARUNECK TOVN POLICE HEADQUARTERS, it EDGE WOOD AVENUE, TOIN. PRESENT: Supervisor Mandeville Councilmen McKeever, Kane, Brush, and Waterman ABSENT: None Presence was also noted of Mr. Gronberg, Town Clerk, Mr. Delius, Town Attorney, and Mr. O 'Brien, Superintendent of Highways. The Supervisor called the meeting to order at 3:15 P . M. A picture of the Board was taken by Detective Sergeant Chauncey Smith of the Town Police Department, which picture will be used in a new booklet of the Town of Mamaroneck. There was discussion of this booklet and on motion by Councilman Waterman, seconded by Councilman McKeever, it was unanimously RESOLVED that the booklet known as "A Report to the Residents of the Town of Mamaroneck"; dated October, 1951, will be reprinted and brought up to date. 30, The minutes of January /1954, February 10, 1954 and February 17, 1954, were approved as presented. The Clerk presented a letter, dated March 1, 1954, from L . F. hug, 661 Fenimore Road, complaining about dumping from passing trucks and. cars in front of 661 Fenimore Road, and calling attention to a charred pole at the end of iris driveway which was formerly a lighting pole. This letter was referred to Mr. O'Brien for report and recommendation. The Clerk read a report made by Mr. M. N . de Noyelles, Chairman of the Commuters' Fact Finding Committee. The Supervisor advised teat he had had a conference with Mayor Church, Mr. George Forbes. and the County Executive and he believes the 'Town should take the initiative and this Board make available $7, 500 out of surplus so that, if the local committee has reason to use money, it will be available. No community has, so far, made any contribution to this cause and it is the intention of the County Executive to re- tain the services of a railroad expert. Toe contribution by the Town will also be for the benefit of the villages of Mamaroneck and Larch- mont. Mr. Delius suggested that so far as a. definite amount is concerned, he feels it is premature to make sucn an appropriation, but the resolution could state that the Town is willing to appropriate up to V; 500 on the basis of mutual contribution of other communities on some fair apportionment -- the Town to contribute ratably with other com- munities when some plan is worked out. Mr. Brush said it was his understanding that the County had funds For this fight. On motion by Councilman McKeever, seconded by Councilman Brush, the following resolution was unanimously adopted: WHEREAS, the various cities, towns and villages along the line of toe new Haven Railroad, have indicated their willingness to cooper- ate with the County of hestchester in retaining attorneys and experts in connection with the new Haven Commuters? rate case, now before the Interstate Commerce Commission; and 1 WHEREAS, it seems desirable that all communities interested should contribute to the eventual cost of paying for such attorneys and experts, although none so far have actually indicated any definite committment of funds, NOW, THEREFORE, BE IT RESOLVED that it is the sense of this Board that all communities should in some measure contribute for this purpose on a mutually satisfactory and equitable basis; and FURTHER RESOLVED that in furtherance of this, this Board will, in the future, make available a sum not exceeding [7,500, provided the other communities along the line of the New Haven Railroad agree upon some fair and equitable plan, together with the County of Westchester, for financing the expenses of retaining_ experts and attorneys in these proceedings . The Clerk was instructed to send a copy of this resolution to toe Chairman of the local Committee as well as to the County Executive. Mr. Delius reported on the New Haven rate case and said the point of Mr. Herbert Askwith' s memorandum (which was attached to Mr. de Noyeiles' report) is that the Town' s Fact Finding Committee has some members who consulted with Mr. Askwith and they came up with an idea different from what the majority think should be done. Mr. Delius further stated that a number of meetings had been Yield at the County Attorney' s office in White Plains and at the office of the Public Service Commis- sion in New York City, at which the attorneys for the various muni- cipalities were present and after much discussion and consideration, it had been decided to take no part in the pre-hearing Conference set by the Interstate Commerce Commission. - The Clerk submitted a report of the meeting of the Board of Plumbing Examiners. There were no applicants . The Clerk submitted a statement of gross receipts for six months end- ing December 31, 1953, from Fordha.m Transit Co. , Inc . , dated February 19, 1954. The Clerk submitted the following reports: Town Clerk' s Report, February, 1954 Report of Receiver of Taxes and Assessments, February, 1954 Building Report, February, 1954 Statement of Bank Balances as of March 1, 1954 List of Claims Audited and Paid by the Comptroller from February 1, to h arch 1, 1954 Summary of Receipts and Disbursements, January 1 to January 31, 1954• The Clerk submitted proofs of the advertisement scheduled for issue of March 4, 1954; of Engineering News-Record. For the record., the Clerk submitted affidavit of publication of the Annual Report of tree Supervisor for the fiscal year ended December 31, 1953 . Mr. Armand Mignarri, 7 Harrison Drive, Larchmont, appeared on the matter of the installation of a water main in Valley Place, where he has recently purchased property and in regard to which, he appeared at the last meeting of this Board. Councilman McKeever said he had taken this up with the Superintendent of the water Works and had understood that an estimate or recommenda- tion would be presented tonight. 543 After discussion, on motion by Councilman McKeever, seconded by Courciiman Kane, it was unanimously RESOLVED that the Westchester Joint water Works is hereby authorized to instaii in the street known as Valley Place, a_ water line to connect the property of Ar_sand Mignarri, known as Bioc'_ 131, Parcel 11 on the 'Tax Assessment Map of tree 'Town of Maiaaro eck to existing water mai_z, by supplying 100 feet of i" — pipe, which is to be placed in a trench to be dug by Armand Mignarri, the property owner, in the bed of the street, (tr'e supply of such pipe to be at the expense of the Town of Mamaroneck) . The Clerk was instructed to notify the Superintendent of the Water Co. - r. C. W. moody appeared and asked for 250 feet of 611 water .Line to be installed in Winged Foot Drive to service 3 customers tnere now and it is expected that more houses are to be built. There was presented an estimate from the Water Company in the amount of �i.19T. The Supervisor recommended that this work be done, provided Mr. Moody contributes $400. toward the cost. On motion by Councilman McKeever, seconded by Councilman Brush, it was, upon roil call, unanimously RESOLVED that the Westcnester Joint ;dater Works is hereby authorized to install in Winged Foot Drive, 250 feet of 6" cast iron water pipe, with one fire hydrant, from Fenimore Road to the property of Paul - Tripani, owner of premises known as Block 204 Parcel 247, on the Tax Assessment Map of the Town of Tamaro- neck, the expense of such installation to be charged to the Town of Mamaroneck, provided C . V . Moody shall pay to the Town, the suss of WO. On motion by Councilman McKeever, seconded by Councilman Kane, the gollowing resolution was, upon roll call, unanimously adopted: bdHEREAS, the street known as tijifiged Foot Drive as shown on Map of Property belonging to Fenimore Cooper Park, Inc. , Section G, made January 27, 1925 by J . M. Farley, filed January 31, 1925 in the office of the Register of Westcnester County, now Division of Land Records, as i,.ap !Vo. 2804, has been in use continuously for a period of over 20 years and has a width of 50 feet as sno?,n on said map, i idOtti, THEREFORE, BE IT RESOLVED that, pursuant to 5189 of the highway Law of the State of New York, the street known as winged Foot Drive, exclusive of those portions wnich have heretofore been accepted, is hereby accepted as a Town highway. Per. Sol Paseltiner, 20 South Broadway, Yonkers, Attorney for Ber- naccnia Bros. , Inc. , appeared and requested that the Townts consent to operate buses through the Torn be transferred from Bernacchia Bros. , Inc. , to Liberty Coaches, Inc. On motion by Councilman Waterman, seconded by Councilman Kane, the following resolution was unanimously adopted: IHERENS, the Town Board of. the `fown of Mamaroneck, ilew,York, by resolution duly adopted on the iytn day of October, 1936, granted its 545 consent to Bernacchia Bros. , Inc. , to operate omnibuses over cer- tain streets, avenues and highways in the Town of Mamaroneck, New York, as a part of a Yonkers-I.At. Vernon-Piayland route; and WHEREkS, an application was made by Bernacchia Bros. , Inc. , for the consent of the Town of iMamaroineck, New York, to transfer to Liberty Coaches, Inc. , the aforesaid consent duly adopted on the 14th day of October, 1936, which application has been joined in by the said Liberty Coaches, Inc. , NOW, THEREFORE, BE IT RESOLVED that the Town Board of the Town of Mamaroneck_, New York, hereby approves and consents to the transfer of the right, permission and/or consent heretofore granted zo Bernacchia Bros. , Inc. , and the assignment thereof by Bernacchia Bros. , Inc. , to Liberty Coaches, -Inc. , subject to the terms and conditions of the aforesaid resolution duly adopted on October 1L. 1936, and further subject to the approval of the New York Public Service Commission. Mr. Brush had nothing to report. Mr. Waterman asked about developments in the narking situation at the Station. The Supervisor said that he, together with the Superintendent of Highways and the Chief of Police, had visited the property in the area of Larchmont Station where it is contemplated to create a park- ing space, to ascertain what might be the cost of leveling off the property. vlr. tia g, ,l nt has been contacted and his Cora fission has i agreed to lease the property 'to the Town for $1. a year, provided no charge is made for parking, until such time as the Thruway -- takes over the property. The area is approximately 2 acres and will provide parking for 100 cars . It will need grading and surfacing . Mr. Waterman would like to have a request made to Mr . Haight to do whatever is necessary to hurry this matter along . Mr. Kane recomrtlended the adoption of tree State Building Code with Mr. Delius' approval. Mr. Delius said the State Code could be adopted as an alternative Code but he would. not recommend this. Mr. M ndeville asked if pre-fabricated houses would be permitted under the State Code. Mr. Delius said he would prefer to have the Engineer, if, as, and when the Town employs one, study the matter of pre-fabricated houses and make recomLLendations. Mr . Delius went on to say that if tine State Code were adopted no the T'ownts Code might be repealed so far as it would be superseded by tree State Building Code. The administrative provisions of the present Building and Plumbing Code would then either be retained or re-written. I Mr. Delius sa?d .tne State Building Code is generally a good tiling and has been carefully worked out as a performance code. Most of the communities which have adopted the State Code, either had no codes of their own, or one which was pretty much out-r�oded. a I Councilman McKeever presented the following petitions received from the Assessor for the correction of the assessment roll so as to per- mit the apportionment of taxes, and on motion by Councilman McKeever, seconded by Councilman Kane, the following resolution was unanimously adopted.: WHEREAS, the Assessor has presented petitions for the correc- tion of the assessment roll for certain years, pursuant to the pro- visions of Section 557 Article 16 of the Yestcnester County Admin- istrative Code, known as the Westchester County Tax Law; and ZEREeS, after due consideration, this Board finds it desirable to grant said petitions for the correction of said assessment roll, NOW, THEREFORE, BE IT RESOV ED that toe assessment roll of 1953, taxes of 1954, which shows property now appearing on the roll as follows: Block Parcel Aame Land only 124 191 Paul A. Yerick 911 be corrected as follows in accordance with the provisions of subdivision 5 of Section 557: Block Parcel Name Land only 124 191 William G. Noble & W. loo 124 191 Paul A. Yerick Soo FURTHER RESOLVED that the assessment roil of 1953, tares of 1954, which snows property now appearing on the roil as follows: Block Parcel Name Land only 317 481 Guy R. Protano 2, 500 817 486 Donald E. Gerundo 1, 250 Mr. McKeever reported that the owner of property on the Boston Post Road, opposite Weaver Street, finds it necessary to make a. sewer con- nection and tine State will not give permission to run along the side- walk and make the connection. The State will not permit a private sewer in State property. However, the State Engineer has agreed that if it were a Town sewer, there would be no objection. Mr. McKeever explained that the Town does not build sewers but after- it is built, it will be accepted. Toe State Engineer requested a letter to this effect. On motion by Councilman McKeever, seconded by Councilman Kane, the following resolution was, upon roil call, unanimously adopted: WHEREAS, C. Mayone Corp. , owner of premises on Boston Post Road, known as Block 411 Parcel 169 on the Tax Assessment Map of the Town of Mamaroneck, is in process of constructing a motel for which a sewer connection is required; and WHEREAS, suer sewer connection is to be made by running such sewer line along the Boston Post Road, approximately 226 feet east to an existing manhole in the Town Sewer in Hommocks Road, as shown on Plan and Profile of Proposed Sanitary Sewer, Boston Post Road, Town of Mamaroneck, Westcnester County, N. Y. , Sewer District No. i, Section D, made by A. J. Foote, Civil Engineer, 175 Palmer Avenue, Larchmont, N . Y . , dated February 25, 1954; and 9 WHEREAS, the State Department of Highways will not permit the installation of a private sewer in a State road but will permit a Town or public sewer, low, THEREFORE, BE IT RESOLVED that toe !own of Mamaroneck, subject to - necessary approval by the State and County Authorities and inspection, will accept, when constructed, a sewer along the southerly sidewalk area of the Boston Post Road, from the property of C . Mayone Corp . to Hom_mocks Road, all such construction to be at the expense of C. Mayone Corp. The Clerk was instructed to send a copy of this resolution. to Mr. Joseph Brady, State Engineer of the State of New York.. The Supervisor submitted a resolution received from the Village of Larchmont, authorizing the sale of Block 612 Parcel 476, and recom- mended its approval. Upon motion by Councilman Kane, seconded by Councilman Brush, the following resolution was, upon roil call, unanimously adopted: WHEREkE, the Village of Larchmont, through the institution of an action begun on February 7, 1953, in the County Court of Vestchester County, and entitled "In the Matter of the Foreclosure of Tax Liens Pursuant to Article Seven-A, Title 3 of the Tax Law by the Village of Larchmont (List of Delinquent Taxes for 1950 " has become and now is the owner of a number of parcels of real estate situate in the Village of Larchmont and Town of Mamaroneck, by virtue of a judgment in said foreclosure action made and entered in pursuance of said judgment; and WHEREAS, both the village of Larchmont and Town of Mamaroneck held tax liens for unpaid taxes on said parcels of real property; and WHEREAS, pursuant to Section 165-A of the Tax Law, an agreement dated May 20, 1946, was entered into between the village of Larchmont and the Town of Mamaroneck, which, among other things, set forth the interests of said municipalities in the ;properties being foreclosed, the disposition of said tax_ liens and unpaid taxes and the manner of to distribution of the proceeds received from said sales; and WHEREAS, the village Treasurer, pursuant to authorization of the Village Board of the village of Larchmont, on March 1, 1945, accepted the following offer of the upset price on said property: Upset Price village Block Parcel Purchaser Price Accepted Assessment 612 476 Jack Landes & Wife 1 950 950 950 BE IT RESOLVED that the sales price bid for the parcel of real property listed above is hereby approved, and that all consents and approval by the Town Board of the Town of Mamaroneck for the sale of the aforesaid parcel of real property by the Village of Larchmont required under the provisions of the aforesaid agreement between the Village of Larchmont and the Town of Mamaroneck, dated May 20, 1946, are hereby granted and allowed. The Supervisor asked whether it is the intention of the Board to make a charge for parking on the proposed parking area at the Station. He feels a charge might keep some outsiders from parking there. 551 The Superintendent of Highways will give an estimate of the cost to grade, fill, and pave said parking area. The Supervisor stated that the Personnel Office of Westchester County has requested. this Board to adopt a resolution creating a full time position of Pubiic Health Nurse to be effective as of January 1, 1954. On motion by Councilman Waterman, seconded by Councilman McKeever, it was, upon roll call, unanimously RESOLVED that there be and hereby is created a full time position of Public Health Nurse at an annual salary of $3, 375 . FURTHER RESOLVED that Marion Sweatland be and sne hereby is appointed to this position. FURTHER RESOLVED that this resolution shall be effective as of January 1, 1954. FURTHER RESOLVED that the Compensation Plan of the Town of Mamaroneck be and it nereby is amended as follows: Minimum S�iaxim Public Health Nurse, Marion Sweatland $3,300 $45060 The Supervisor stated that he had recommended, in his annual re- port, that two real estate experts be retained to review a list of apartment house and business properties, and he would now recom- mend Harry S. Keller and S . Edwin Kazdin to make such review. On motion by Councilman Waterman, seconded by Councilman McKeever, it was, upon roll call, unanimously RESOLVED that this Board retain Harry S. Keller and S. Edwin Kazdin as real estate experts to review and spot-check assessments of business properties and apartment houses in the Town of Mamaroneck for the purpose of assisting the Town Asessor in assessing all properties. FURTHER RESOLvED that $3,000 is hereby appropriated out of Surplus to pay the fees and expenses of such experts . Councilman Kane said this check would confirm that Mr. EcEvoy is doing an excellent job. The Supervisor submitted a picture of a fire with a letter from the Fire Inspector saying that the multiple dwelling at 65 Paimer kvenue is a fire hazard. This was referred to Mr. Waterman. Mr. Delius, when asked what could be done to condemn this property, said the Multiple Residence Law becomes effective July ist, and until then, nothing can be done because the building apparently - complies with the minimum requirements of our present code. Mr. Delius had nothing to bring before the Board. He explained about the contract or agreement in the matter of the repair or rebuilding of Pryer Manor Bridge, Which had been presented by the City of new Rochelle and which had been the subject of Lis report submitted at the last meeting. 53 I, The Supervisor brought up the -matter of toe appointment of a com- mittee to investigate the swimming pool issue and suggested that each councilman submit two names at the next meeting . There being no further business to come before the meeting, it adjourned at 10: 15 P. M. , to meet again on March Nth, and imme- diately reconvened as the Board of Fire Commissioners. Mr. Naterman submitted the Fire Report for February, 1954• j There being no further business, the meeting adjourned at 10: 20 P . M. to meet again on March 17th. Town Clerk I I