HomeMy WebLinkAbout1950_04_19 Town Board Regular Minutes 143
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I2INUTES OF A REGULAR NLEETIIVG OF THE TOWN BOARD OF Ti3E TOWN OF
MA�,IAROD,ECK, HELD IN THE COUNCIL ROOM OF THE WEAVER STREET FIRE
ROUSE, ON APRIL 19th, 1950.
Supervisor Mandeville called the meeting to order at 8: 15 P . M .
PRESENT: Supervisor Mandeville
Councilmen Embury, Watson, Watermand and McKeever
ABSENT: None
Presence was also noted of Town Attorney Delius, Town Accountant
Finson and Town Clerk Gronberg .
The Clerk presented the affidavit of publication of Notice of Public
Hearing in connection with the amendment of the Consent heretofore
granted to Fordham Transit Co. , Inc. by the Town Board on January
21st, 19.48
The Clerk presented and read a letter dated April 19th, 1950, re-
ceived from Chief Paul A. Yerick, advising that the Board of Police
Commissioners had selected Sergeant Francis J . Waterbury to attend
the Police Firearms Instructors? School, to be held 5 days, May lst
to 5th, inclusive, at Camp Smith, Peekskill, New York, the expenses
for which would amount to approximately $15 .
On motion by Councilman Embury, seconded by Councilman Watson, it
was unanimously
RESOLVED that Sergeant Francis J . Waterbury be and
he hereby is authorized to attend the Police Firearms
Instructors9 School, to be held May lst to 5th in-
clusive at Camp Smith, Peekskill, New York, expenses .
-- for which shall be approximately 615 . and shall be
paid out of the Item for the same in the Budget.
The Clerk presented and read a letter dated April 8th, 1950, from
Mrs. Mollie Waller, o�-mer of Waller' s Post Lodge, commending the
Town of Mamaroneck Fire Department for the excellent work done by
them at the fire at the Lodge on April 4th. The letter was re-
ceived and placed on file.
The Clerk presented and read a letter dated April 10th, 1950)
from Mr. Julius R. Levin, complimenting the Town of Mamaroneck Fire
Department for the splendid job they did in confining the `ire
in the Post Lodge to a small area and prevening its spreading to
the entire building. This letter was received and placed on file.
The Clerk presented and read a letter dated April 13th, 1950, from
Mr. R. M. McLaughlin of the Westchester County Department of Health
urging that the Town Board adopt a resolution requiring that the
applicant for a building permit or certificate of occupancy, be re-
fused such permit or certificate, unless the issuing agency possessed
written evidence of any approval required for the water and sewerage
facilities serving the structure and issued by the appropriate state
or county agency having jurisdiction.
This letter was referred to Councilman McKeever, with the recom-
mendation that he consult with Mr. Delius on this matter.
The Clerk presented and read a letter dated April 17th, 1950, re-
ceived from Mr. Edward J. Gantor, Commissioner of Finance of West-
chester County, acknowledging with thanks, the receipt of Town checks
in the sum of $250,000. covering pre-payment of 1950 taxes. This was
ordered received and placed on file.
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The Clerk presented and read a letter dated April 5th, 1950, addressed
to Police Chief Paul A. Yerick by Mr. J . P . Rees, (copy of which had
been sent to Supervisor Mandeville) commending Officer George Mulcahy
of the Town Police Department for his handling of a matter in which
Mr. Rees' son, Jackie, was involved. The letter was ordered received
and placed on file.
The Clerk presented and read a letter dated April 17th, 1950, from
Chief Yerick_, advising that he had talked with Mr. Marraro about
the _narking situation in the vicinity of his store. The letter
went on to say that he would have a recommendation to make to the
Police Commission at its next meeting.
Attached to this letter was a traffic count on Lafayette Road, made
by Officer Leonard and Detective Paonessa, on Monday, September 12th,
1949, from 8 A. M. to 6 P . M.
In connection with this, the Supervisor informed the Board that the
Town Attorney had advised, after a thorougn investigation and re-
ceipt of an opinion from the Attorney General, that a town can close
a public highway only after condemnation proceedings.
The Supervisor said further that the Police Department had been in-
structed to take particular precautions to see that traffic is
slowed down to a minimum on Lafayette Road . The Police Commission
is studying the possibility of making Lafayette Road a one-way street.
The Clerk was instructed to send a letter to Messrs . i acCallim,
Riccardi and Hobbs, enclosing a copy of the traffic count and in-
forming them of the opinion of the Attorney-General,
The minutes of March 15th and 22nd were approved as presented.
The Board next took up the matter of the public hearing on the
application of Fordham Transit Co. , Inc .
Mr . Sal Paseltiner, an attorney representing the applicant, informed
the Board that the Villages of Larchmont and Mamaroneck have approved
this application which is for permission to pick up_ and discharge
passengers on the Boston Post Road.
Mr . Edward Geary, a resident of the Town of Mamaroneck and an em-
ployee of the County Transportation Co. , opposed the granting of this
application, saying that it might mean laying off many of the present
drivers employed by the County Transportation Co.
Mr. Frank J. Zwick, representing the County Transportation Co. , stated
that this Company has long been a tax payer in the Town of Mamaroneck
and is presently operating at a loss . He went on to say that if the
application is granted, the County Transportation Co. might have to
curtail some of its service or even abandon some of its routes .
He respectfully requested that the Board deny the application of
Fordham Transit Co . , Inc.
Mr. Harold Klein of Valley Stream Road, said that he is in favor of
the application as he does not believe the County Transportation
Co. is giving the service the people should have.
Mr. Paseltiner said that his Company is interested in the traveling
public, and all they ask is an opportunity to be allowed to go be-
fore the Public Service Commission and prove their case.
Mr. Paseltiner replied in the affirmative to a question by Supervisor
Mandeville as to whether it was planned to operate buses 12 months a
year.
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Mr. D . Lincoln, a resident of the Town of Mamaroneck_, spoke in favor
of the application.
There being no further discussion, the Supervisor declared the
hearing closed.
Mr. Joseph F. Gagliardi, an attorney, addressed the Board and stated
that on the 15th of March, he had appeared before the Town Board
in behalf of his client, Mr. Frank Turco, who had applied to have
his property, known as Block 126 Parcel 44 on the Assessment Map,
re-zoned from Residence District A to Business District C .
Mr. Gagliardi informed the Board that, inasmuch as there seemed to
be no definite information as to where the Parkway or Thruway
will run, Mr. Turco is desirous of withdrawing his application at
this time.
A letter dated April 19th, 1950, signed by Mr. Joseph F . Gagliardi,
withdrawing the above application, was presented to the Clerk.
Mr. Herbert Askwith, 3 Concord Road, Larchmont, appearing before
the Board upon the invitation of Supervisor Mandeville, said that
he wished to thank the Supervisor and the Town Board for permission
to appear before them and explain the story of commutation, as he
sees it, after devoting 2 or 3 years to it.
This he proceeded to do, using charts to illustrate his story.
Some questions were put to Mr. Askwith and interested persons took
this occasion to state their views on this matter of the increase
in the cost of commutation.
Mr. Askwith said he wanted to take this opportunity to inform the
Board of the splendid job done by Mr. Delius in attending every one
of the hearings on the matter before the Public Service Commission.
He said he felt, however, that it was not fair to .expect Mr. Delius,
or any other busy municipal attorney, to devote the time necessary
for hearings of this sort.
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He said that Mr. J . Russel Sprague was responsible for the creation
of the Nassau County Transit Commission and he would like to see
something of the sort in Westchester.
Supervisor Mandeville thanked Mr. Askwith for coming.
Councilman Watson presented the following petitions received from
the Assessor for the correction of the assessment roll so as to
permit the apportionment of taxes, and on motion by Councilman
Watson, seconded by Councilman t,Taterman, the following resolution
was unanimously adopted:
WHEREAS, the Assessor has presented petitions for the cor-
rection of the assessment roll for certain years, pursuant to the
provisions of Section 557, Article 16 of the Westchester County
Tax Law; and
- WHEREAS, after due consideration, this Board. finds it desirable
to grant said petitions for the correction of said roll,
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NOW, THEREFORE, BE IT
RESOLVED that the assessment roll of 1949, taxes
of 1950 which shows property now appearing on the
roll as follows:
Block Parcel Name Land onl-,
121 96 Gaetano Giannetti $3,000.
be corrected as follows in accordance with the
provisions of subdivision 5 of Section 557:
Block Parcel I`Tame Land only
121 103 Alan G. Rude 1,800.
121 96 Gaetano Gianetti 1, 200.
FURTHER RESOLVED that the assessment roll of 1949
taxes of 1950, which shows property now appearing
on the roll as follows:
Block Parcel Name Land only
817 683 Village of Mamaroneck 1,250
be corrected as follows in accordance with the
provisions of subdivision 5 of Section 557:
Block Parcel Name Land only
817 693 Sarah Jackson & Jos . 250.
817 683 Village of Mamaroneck 1,000.
Councilman Watson reported that he, together with Councilman
McKeever and Town Engineer Foote, had held a meeting with refer-
ence to amendments to the Building Code and some changes had
been recommended. He further stated that Mr. Delius had some
suggestions and it was decided to hold a public hearing at a.
later date.
Councilman Embury stated that he had nothing to report for his
departments.
Supervisor Mandeville requested a resolution authorizing the renewal
of the lease with the Elkan Park Association for premises described
as part of Block 406, Parcel 314 on the Tax Assessment Map of the
Town of Mamaroneck, at a yearly rental of $1. for playground pur-
poses .
On motion_ by Councilman McKeever, seconded by Councilman T;aterman,
it was unanimously
RESOLVED that the Supervisor be and he hereby is
authorized to sign the lease with the representa-
tives of Elkan Park Association for premises known
and described as part of Block 406, Parcel 314 on
the Tax Assessment Map of the Town of Mamaroneck,
for one year, beginning Ma.y 1st, 1950, at a yearly
rental of ul. , such premises to be used for play-
ground purposes.
The Supervisor requested a resolution authorizing an auction for
the sale of Town-owned property.
On motion by Councilman Embury, seconded by Councilman McKeever,
it was unanimously
RESOLVED that an auction for the sale of Town-owned
properties, be held on June lst, 1950, at 8015 P . M. ,
in the Weaver Street Fire House.
The Town Clerk presented a list of claims for Fire Department ex-
eenditures which had been approved by Chief Burton and audited by
Comptroller Orsino.
The members of the Town Board, sitting as the Board of Fire Com-
missioners, considered the claims and on motion by Councilman
Waterman, seconded by Councilman Watson, it was unanimously
RESOLVED that the following described claims be
and they hereby are approved and that the Super-
visor and Comptroller be and they hereby are
authorized to pay the same out of the budget for
the Fire Department:
A. & A. Automotive Co. $15 .78
Chatsworth Oil & Heat Co. 97.31
County Motor Products, Inc. 3.60
Henigson' s Lumber Co. 7.45
Reginald Jubb Garage 8.25
G . W. Merrell 46. 54
Mitchell Oil Corp. 78.50
New York Telephone Co. 16.25
Seagrave Corp. 70.80
Nestchester Steel Products Co. 6.00
Westchester Joint Water Works 7.30
Westchester Lighting Co. 35 .92
Westchester Joint Water Works 2,240 .00
(Hydrant rental)
Total $2, 633.70
The Town Board discussed the application of Fordham Transit. Co. ,Inc .
and on motion by Councilman Embury, seconded by Councilman McKeever,
the following resolution was unanimously adopted:
WHEREAS, this Board 'heretofore, by resolution adopted January
21st, 1948, granted to Fordham Transit Co. , Inc. , consent or permit
to operate omnibuses along the Boston Post Road in the Tom of
Mamaroneck, v,hich consent was granted pursuant to 5566 and 67 of
the Transportation Corporations Law; and
WHEREAS, said consent was granted subject to certain condi-
tions and requirements therein more particularly stated; and
WHEREAS, at the request and upon application of Fordham
Transit Co . , Inc . , a public hearing was held by this Board at
a regular meeting held on April 19th, 1950, notice of which
meeting was given by publication in the Mamaroneck Daily Times
as required by the Town Law, to consider the amendment of said
permit or consent so as to eliminate the condition or restric-
Lion which prohibits taking or discharging passengers at any
point in the Town of Mamaroneck except on the Boston Post Road at
the westerly boundary of the Village of Mamaroneck, and permits the
acceptance of passengers for transportation on south bound trips only
for points south of the Westchester County-Bronx County line and on
north bound trips, north of the Westchester County-Bronx County line;
and
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'JHEREkS, the Village of Larchmont and the Village of
Mamaroneck have, at the request of Fordhara Transit Co. , Inc . ,
adopted resolutions amending their consents so as to permit
acceptance of all passengers without limitation or restriction,
NOW THEREFORE, BE IT
RESOLVED that the consent heretofore granted to
Fordham Transit Company, Inc . , by resolution of
this Board adopted January 21st, 1948, is hereby
. amended so as to eliminate the first of the terms.
conditions, requirements and limitations upon which
this consent was granted and which is specifically
set forth in subdivision " (1) " of said resolution.
FURTHER RESOLVED that the terms, conditions, requirements
and limitations set forth in subdivision " (15) " of said
resolution with respect to the rate of fare, are hereby
amended to read as follows:
(15) Rates of fare shall be:
400 for one continuous trip between any point in the
Town of Mamaroneck and the Westchester County-Bronx
County line;
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400 for one continuous trip between the terminus of the
route on Fordham Road and Valer_tine Avenue in Bronx
County, New York, or any other point in Bron_1 County, and
any point in the Town of Mamaroneck;
106 from any point in the Town of Mamaroneck to any point
in the Village of Larchmont,
15¢ from any point in the Town of Mamaroneck to any point
in the City of New Rochelle;
20r from any point in the Town of Mamaroneck to any
point in the Village of Mamaroneck;
30¢ from any point in the Town of Mamaroneck to the
City of Rye or Playland.
FURTHER RESOLVED that in all other respects the said
consent or permit shall remain in full force and
effect, subject to all the terms, conditions, re-
quirements and limitations set forth in said consent
contained in resolution adopted January 21st, 1948.
There being no further business, the meeting adjourned at 11:45 P . M.
to meet again on May Pith, 1950.
wn Cleffk