HomeMy WebLinkAbout1950_06_07 Town Board Regular Minutes 187 I,
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MINUTES OF A REGULAR MEETING OF THE TOWN BOARD OF THE TOWN OF MAMIARO-
NECK, IN THE COUNCIL ROOM OF THE WEAVER STREET FIRE HOUSE ON
JUNE 7th, 1950.
The Supervisor called the meeting to order at 8: 15 P .M.
PRESENT: Supervisor Mandeville
Councilmen Embury, Watson, Waterman and McKeever
ABSENT: None
Presence was also noted of Town Attorney Delius, Town Clerk Gronberg,
and Town Accountant Finson.
Supervisor Mandeville stated that a number of Boy Scouts from the Town
of Mamaroneck would attend the Jamboree at Valley Forge, Pennsylvania.
He further stated that the Town of Mamaroneck does not presently have
a Town flag and it was his thought that it might be well for the Town
to have a flag which the Scouts could take to the Jamboree. In con-
nection with this, Mr. William Fulcher, To-vm historian, had designed
a flag which would cost in the neighborhood of $325.
Following discussion, on motion by Councilman Embury, seconded by
Councilman McKeever, it was unanimously
RESOLVED that the Supervisor be and he hereby is authorized
to purchase from Annin Co., a Town flag as designed by Mr.
William Fulcher, complete with stand and covering, at a
cost not to exceed $325 .
The Clerk read a letter, dated June lst, 1950, received from Mr.
L .R. Dodson, Secretary of the Board of Police Commissioners, re-
lative to all-night parking, and stating that it is the plan of
the Commission, to post permanent signs on certain streets in the
congested areas and to use the State laws with respect to lignts on
cars in enforcing the parking restrictions in other areas of the Town.
The letter further stated that Chief yarick had obtained bids on the
required number of " No Parking" signs and it is the recommendation
of the Commission that the bid of Charles F. McCullough, the lowest
bid, be accepted.
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On motion by Councilman Embury, seconded by Councilman Watson, it
was unanimously
RESOLVED that the bid of Charles,F. McCullough in the
amount of $223, 50, for 70 "No Parking" signs be and
it hereby is accepted.
The letter also stated that the Commission recommends the attendance
of Chief Yerick at the New York State Association of Police Chiefs'
Conference at Rochester, N.Y. , on July 25th, 26th and 27th, at an
estimated cost of $100.
On motion by Councilman Embury, seconded by Councilaan Watson, it
was unanimously
RESOLVED that Chief Yerick be and he hereby is authorized
to attend the New York State Association of Police Chiefs'
Conference, at Rochester, N.Y. , on July 25th, 26th, and 27th,
at an estimated cost of $100. to be paid out of the item in
the budget apprd�riato4 for such expenses.
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The Clerk presented a letter dated May 19th, 1950, from the Associ-
ation of Townsof the State of New York, announcing that a State-
wide School for Welfare and Service Officers would be held at Hobart-
William Smith Colleges at Geneva, N.Y. , on June 14th, 15th and 16th.
The letter was received and filed.
The Clerk presented two letters, onedated May 24th, from Mr. A.J.
Foote, Superintendent of Highways and the other dated June lst, 1950,
from Chief Paul A. Yerick, both recommending that Lester Place be
barricaded at the New Rochelle-Town of Mamaroneck line.
On motion by Councilman Embury, seconded by Councilman Waterman, it
was unanimously
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RESOLVED that Lester Place be barricaded at the New
Rochelle-Town of Mamaroneck line.
The Clerk presented a letter, dated May 25th, 1950, from k1r. C .J .
Quinn, Chairman of the Board of Appeals, relative to a letter dated
May 18th, 1950 from Mr. William Paonessa, which letter had been
referred to the Board of Appeals by the Town Board. Mr. Quinn° s
letter stated that a request for a variance could come before the
Board of Appeals only upon application made by the owner, prospec-
tive owner, or lessee.
Following discussion, the Clerk was instructed to contact Mr. William
G . Paonessa, relative to purchasing the property on Hommocks Road
for use as a golf driving range, subject to a change of zoning.
Mr. William Fulcher appeared before the Board in connection with the
purchase of the Town flag.
Supervisor Mandeville informed him that the Board had passed a resolu-
tion authorizing the purchase of such flag and Mr. Fulcher then went
on to explain in detail the symbolism of the small flags, one in each
corner of the Town flag.
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The Clerk presented a letter dated June lst, from the Department of
Planning of the County of Westchester, stating that the State Build- j
ing Code Commission had called a conference to be held at 2: 30 P .M.
on Friday, June 9th, in the Little Theater of the County Center,
White Plains.
The Clerk informed the Board thatMr. Foote, Town Building Inspector,
planned to attend this Conference.
The Clerk presented a petition signed by residents of and in the
vicinity of Harrison Drive in the Town of Mamaroneck, requesting
more street lights near 22 Harrison Drive. This petition was re-
ferred to Town Engineer A.J. Foote and Councilman J.T . McKeever.
A letter, dated June 5th, 1950, addressed to Supervisor Owen A.
Mandeville, from the Stoney Hill Volunteer Fire Company, was read.
The letter thanked Chief George W. Burton and his aides for their
help in instructing the New Fire Company in the use of proper equip-
ment for fighting various types of fires and also informed the Board
that they were well pleased with the piece of apparatus purchased
from the Town of Mamaroneck.
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'The following reports were received and ordered placed on file:
Report of Westchester Humane Society for May, 1950
Town Clerk' s Report for May, 1950
Report of Receiver of Taxes and Assessments for May, 1950
Statement of Bank Balances as of June 1, 1950
List of Claims Audited and Paid by Comptroller from May 17, to June 7,
1950
Summary of Receipts and Disbursements from January 1 to April 30, 1950
Analysis of Budget Appropriations and Expenditures, January 1 to
April 30, 1950
Analysis of Estimated Revenues, January 1 to April 30, 1950
Attendance Report, May, 1950
On motion by Councilman Embury, seconded by Councilman McKeever, it j
was unanimously
RESOLVED that Miss Wilhelmina Schroeder be and she
hereby is granted a leave of absence with pay until
August 1, 1950
Councilman Watson reported that he is anticipating some unusual re-
pairs at the Incinerator, which will be expensive. He stated further
that these parts had not been repaired since the Incinerator was
built.
Councilman Embury reported that he had met with the Board of Police
Commissioners regarding the installation of a new traffic light
at the corner of Forest and Murray Avenues, which matter had been
referred to him at the last Board meeting.
On motion by Councilman Embury, seconded by Councilman Waterman, it
was unanimously
RESOLVED that a new traffic light be installed at the
intersection of Murray and Forest Avenues at a cost of
$621®50
Councilman Waterman stated that he had nothing to report for his
departments.
The Supervisor brought up the matter of re-zoning property located
on Fifth Avenue, as reauested by Miss Joanna Conlon.
:After discussion, the following resolution, moved by Councilman
Watson, seconded by Councilman Embury, was, upon roll call, unani-
mously adopted:
WHEREAS, upon application of Joanna Conlon, this Board hereto-
fore held a public hearing pursuant to Notice duly published as pro-
vided by law, on the 15th day of March, 1950, for re-zoning property
on the northerly side of Fifth Avenue, from Williams Place to the
New Rochelle City Line; and
WHEREAS, at such hearing, Morgan He Seacord appeared in sup-
port of said re-zoning and no one appeared in opposition,
- NOW, THEREFORE, BE IT
RESOLVED that the Zoning Ordinance of the Town of Mamaroneck,
heretofore duly adopted and as thereafter amended from tim@ to
tine, and the map which accompanies and is part of said Ordinance.,
be amended so as to provide that the following property in
the Town of Mamaroneck, be re-zoned Area Use, and Height Dis-
trict " C Business", instead of Area, Use and Height District
"A-2 Residential":
All that property in the Town of Mamaroneck which is
bounded as follows:
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On the west by the boundary line between the City of New
Rochelle and the Town of Mamaroneck:
On the east by the westerly side of Williams Place;
On the south by the northerly side of Fifth Avenue;
On the north by a line running parallel with Fifth Avenue
to a depth of 100 feet from Fifth Avenue.
The Supervisor presented a list of Town-owned properties which had
been recently sold at public auction.
On motion by Councilman McKeever, seconded by Councilman Watson, 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, " In the
Matter of the Foreclosure of Tax Liens pursuant to Article VIZ-A, Title
3 of the Tax Law by the Town of Mamaroneck, List of Delinquent Taxes for
194701 , 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 and held on
June 1, 1950, a public auction 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 accepted
at the price and terms therein set forth:
LIST OF BIDS ACCEPTED IN SECTIONS 1 to '5 INCLUSIVE
Final
Block Parcel Purchaser Sales Price Terms
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104 Part of 1 Harry Rubenoff 268 Cash
104 19 " 1 Benjamin F. Nelson,Jr. 134 Cash
104 PO " 1 Charles N . Burris 134 Cash
104 " " 1 Eugene N. West 134 Cash
407 54 Andrew Wilson, 3rd 334 Cash
503 515 Corina Argenta 534 Cash
The Supervisor stated that he also had one more bid from Dr. James
Q . Haralambie for 100 foot plot immediately in the rear of pre-
mises owned by him on Bonnie Way, for which he offered to pay $134.00
in cash, but that this bid had been received too late to be included
in the auction at which parts of Block 104, Parcel 1, were sold to the
9ther property owners who purchased similar plots in the rear of
propery owned by them along Bonnie Way.
Upon motion by Councilman McKeever, seconded by councilman Watson,
it was, on roll call, unanimously
RESOLVED, that the offer of Dr. James Q . Haralambie
to purchase the plot 100 feet in the rear of his
property at 32 Bonnie Way, which is part of Block
104, Parcel 1, be accepted;
FURTHER RESOLVED, that the Town Attorney, with the
assistance of the Town Engineer prepare a deed and
that the Supervisor be authorized to execute and
deliver to James Q . Haralambie, the deed upon re-
ceipt of $134.00 in cash.
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Upon motion by Councilman McKeever, seconded by Councilman Watson,
the following resolution was, upon roll call, unan±aously adopted:
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 the Tax Law by the Town of Mamaroneck, List of Delinquent
Taxes for 1947 , 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; and
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WHEREAS, both the Village of Larchmont and Town of Mamaroneck
held tax liens on said parcels of real property; and
WHEREAS, pursuant to Section 165H of the Tax Law, anc agreement
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 manner of the
sale of said properties, and the manner of the distribution of the
proceeds received from said sales; and
WHEREAS, the Town of Mamaroneck has, pursuant to an agreement
had with the Village of Larchmont, advertised for and has heretofore
received bids on certain properties 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
a ccepted at the price and terms therein set forth:
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LIST OF BIDS ACCEPTED IN SECTION .6
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Final
Block Parcel Bidder -Assessed Value Sales Price
604 361 Ralph L. Chilcoat $22000. $11900.
FURTHER RESOLVED that the terms on the above bid
are .all cash.
FURTHER RESOLVED that the foregoing acceptance with
respect to this parcel is subject to approval by
the Village Board of the Village of Larchmont.
FURTHER RESOLVED that upon approval of the bid
by the Village Board of the Village of Larchmont,
the Town Attorney is authorized to proceed with
the preparation of contracts, and such other docu-
ments as are necessary to pass title to said
property, and the Supervisor is hereby authorized
to sign such contracts and deeds as are necessary
to pass title to said property.
On motion by Councilman McKeever, seconded by Councilman Watson, the
following resolution was, upon roll call, unanimously adopted:
WHEREAS, the Town of Mamaroneck heretofore foreclosed certain
tax liens by appropriate action in the Supreme Court against premises
known as Block 312, Parcel 45 (formerly Section 3, Block 15B, Lot 1C)
and acquired title pursuant to Refereets Deed recorded in the office
of the Clerk of the County of Westchester, Division of Land Records,
on October 22, 1942, in Liber 4031 of Conveyances, page 136, all pur-
suant to judgement of the Supreme Court in an action entitled 01 Town of
Mamaroneck, plaintiff, against Oliver W. Birckhead, et al. , defendants"
entered July 28, 1942; and
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WHEREAS, an offer has been received from Albert F. Beringer to
purchase said premises for $1,666.67; and
WHEREAS, this Board has given careful consideration to said
offer and after due deliberation, it is
RESOLVED that the offer of Albert F. Beringer to
-_ purchase Block 312 Parcel 45 (formerly Section 3,
Block 15B, Lot 1 CS be and the same hereby is accepted.
- - FURTHER RESOLVED that the Town Attorney is hereby
instructed to prepare, and the Supervisor to execute,
the necessary contract and/or deed for delivery to
the said Albert F. Beringer upon payment of the said
amount in cash.
On motion by Councilman McKeever, seconded by Councilman Watson, the
following resolution was, upon roll call, unanimously adopted:
WHEREAS, the Town of Mamaroneck heretofore, by appropriate action,
foreclosed a Purchase Money Mortgage against several parcelsrof: property,
including among such parcels the premises known and described as Block
227, Parcel 1 on the Tax Assessment Map of the Town of Mamaroneck and ac-
quired title thereto by deed from Joseph Scharak, Referee, dated March 15,
1950, and recorded in the office of the Clerk of the County of Westchester
Division of Land Records in Liber 4837 of Conveyances, page 257, on
March 23, 1950, all pursuant to judgment entered in a certain action
entitled "Town of Mamaroneck, plaintiff against Larchmont-Fenimore Corp.,
et ai. , defendants", on December 7th, 1949; and
WHEREAS, the Purchase Money Mortgage thus foreclosed as aforesaid,
was given to the Town of Mamaroneck by Larchmont-Fenimore Corp. in part
payment of premises purchased from the Town of Mamaroneck of several
parcels of property which the Town of Mamaroneck had theretofore acquired
in a tax lien foreclosure action brought in the Supreme Court and en-
titled "Town of Mamaron?ck, plaintiff, against Oliver W. Birckhead, at al,
defendants" , by Referee s Deed, recorded in the office of the Clerk of
the County of Westchester on October 22nd, 1942, in Liber 4031 of Con-
veyances, page 136; and
WHEREAS, Edwin H. Richard has made an offer to purchase a portion
of the premises known as Block 227, Parcel 1, on the Tax Map of the Town
of Mamaroneck for $667; and
WHEREAS, this Board has given careful consideration to such offer
and after due deliberation, it is
RESOLVED that the offer of Edwin H. Richard to purchase a cer-
tain portion, more particularly described in this resolution, of
premises known as Block 227, Parcel 1 on the Tax Assessment Map,
for $667. be and it hereby is approved.
FURTHER RESOLVED that the Town Attorney is hereby instructed to
prepare a deed of conveyance to the said Edwin H. Richard, the
following premises being part of Block 227, Parcel 1, which he has
offer to buy, to wit:
All of that lot, plot or parcel of land, lying, being and situate in the
Town of Mamaroneck, Westchester County, N.Y. , and lying to the west
and adjacent to lands belonging to Mr. Edwin H. Richard, said lot, plot
or parcel being more particularly bounded and described as follows:
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BEGINNING at a point in the northerly line of York Road where
the same is intersected by the northwesterly line of Lot No.2 as
shown on "Map of Larchmont Ridge, portion of Section 8 and Section
10, property of Larchmont Fenimore Corp." made by A.J. Foote, Surveyor,
January 24, 1948 and filed in the County Clerk' s office, February 13,
1948 as Map Number 6527; thence in a northwesterly direction along the
northerly line of York Road extended, through Town owned lands, by a
curve deflecting to the right with a radius of 1,230 feet a distance
along the are of 378.70 feet to a point in the northerly line of York
Road, which point is also where the northerly line of York Road would
be intersected by the northwesterly line of Richard' s property, if ex-
tended southwesterly, thence north-easterly by a line which is the north-
westerly line of Richard' s land extended southwesterly, N. 356 Ol' 35"
E. 172.13 feet to a point which is the westerly corner of Richards lands;
thence southeasterly, southwesterly and southeasterly along Richard' s land
the following courses and distances: S.49P `25' 14" E. 80.22 feet; S . 5®
30' 34" E. 88.46 feet; S. 4° 47' 00" W. 86.00,feet; and S. 610 584 24" E.
165 .74 feet to the northeast corner of lands now or formerly of F.J.
Maloney; thence southwesterly along Maloney' s land, S. 280 084 0611 W.
147.28 feet to the point or place of beginning, said lot, plot or par-
cel of land being a portion of Block 227, Parcel 1 on the Assessment
Map of the Town of Mamaroneck.
FURTHER RESOLVED that the Supervisor be and he hereby
is authorized to execute said deed and to deliver the same
to Edwin H. Richard, upon payment to the Town of Mamaroneck
of the purchase price of $667. in cash.
On notion by Councilman McKeever, seconded by Councilman Watson, the
following resolution was, upon roll call, unanimously adopted:
WHEREAS, Gerolomo Soriano has made an offer to purchase for
$300. a portion of the premises acquired and now owned by the Town
of Mamaroneck as part of the Town Yard, which property is described
as follows:
ALL of that lot, plot or parcel of land lying, being and
situate in the Town of Mamaroneck, Westchester County, New
York, being a portion of the Town-owned land known as the '1 Town
Yard", said lot, plot or parcel being more particularly
bounded and described as follows:
BEGINNING at a point where the boundary line between the
properties of Miriam Grant and Gerolomo Soriano intersects the
boundary line of the Town-owned land, and running thence
through Town lands on a line which is the continuation of the
boundary line between Grant and Soriano extended north-
easterly N.63® 28' 10t9 E. 113.10 feet to a corner; thence
continuing southeasterly through Town-owned lands on a line
which is the continuation of the most easterly boundary line
of the Soriano property S . 11® 54' 3048 E. 85.71 feet to the
northeasterly corner of the Soriano property; thence south-
westerly along the Soriano property S. 790 501 30" W. 95.67
feet to a corner; thence along the Soriano property N. 260
11' 3011 W. 55 .87 feet to the point or place of beginning.
Said lot, plot or parcel being a portion of Block 4061
Parcel 314 on the Tax Map of the Town of Mamaroneck.
and
WHEREAS, the Town Board, after due consideration, had deter-
mined that the said premises are no longer used or necessary for
municipal purposes,
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NOW, THEREFORE, BE IT
RESOLVED that the said offer of Gerolomo Soriano
be accepted and that the Town sell to Gerolomo
Soriano, for the sum of $300. the property above
described.
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FURTHER RESOLVED that this resolution is subject
to a permissive referendum as provided in Section 64,
- subdivision 2, of the Town Law, and that the Town
Clerk is authorized and directed to give notice of
the adoption of this resolution as provided in Section
90 of the Town Law.
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FURTHER RESOLVED that, subject to a _permissive referendum,
such conveyance be made by Bargain and Sale deed without
covenants subject to any state of facts an accurate
survey or inspection of the premises will show, and that
the Town Attorney is hereby authorized to prepare the
necessary papers, including the deed(whice the Supervisor
is hereby authorized to execute) for the purposes stated
in this resolution.
The Supervisor stated that he had received a check in the amount of
$43012.45, representing the Town' s share of the distribution of the
current year' s rental received from Estate Appraisal and Valuation
Company (Hommocks Country Club) .
On motion by Councilman Embury, seconded by Councilman Waterman, it
was, upon roll call, unanimously
- RESOLVED that the Receiver of Taxes and Assessments be
and he hereby is authorized, empowered and directed to
accept the sum of $4,012.45 in full payment of the
following taxes:
1949 1949
State, Town
Block Parcel & County School
414 1 $139.43 $112.98
933 1 901.70 13456.58
936 1�
942 367 864.04 11395.74
568
935 700 71.02 114.72
936 117 132.35 213.79
942 392 41.96 67.79
943 12 262.01 423.24
934 90 88.77 143 .40
$21,501.28 $3,928.24
Town Share of 1950 rent 42012.45
Total Town taxes 6.429.52
Amount to be cancelled $2.417.07
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On motion by Councilman Watson, seconded by Councilman Embury, the
following resolution was, upon roll call, unanimously adopted;
WHEREAS, heretofore and on the 2nd day of September, 1947,
at a public auction, certain properties owned by the Town of
Mamaroneck and acquired in a proceeding in rem entitled, % In 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 Delin®
quent Taxes for 1947TM, known as Block 612, Parcel 430 on the
A ssessment Map of the Town of Mamaroneck, were struck down to
Joseph Grassi, the highest bidder, for the sum of $4,050; and
WHEREAS, Joseph Grassi thereupon did deposit with the Town, 10`/6
of his purchase price, or $405. and signed the Terms of Sale requiring
him to take title and pay the balance on October 10th, 1947, but
thereafter defaulted in complying with the terms of sale and failed
to make any further payment, although his time to do so was extended
at various times to and including March 1st, 1948; and
WHEREAS, the Town of Mamaroneck at a public auction held January
16th2 1950, again offered said property for sale, at which public
auction the highest price offered for property was $2,550. which bid
was rejected by the Town of Mamaroneck pursuant to the right so
to do, duly reserved; and
WHEREAS, Joseph Grassi now offers to complete his original con-
tract by paying the price of $4,050. plus taxes which have become due
and payable since March 1st, 1948 but without penalties or interest,
provided there be credited against the amount so found due, the $405 .
originally deposited by him; and
WHEREAS, this Board has given careful consideration to this offer
and having determined it to be for the interests of the Town to
accept the offer made by Joseph Grassi,
NOW, THEREFORE, BE IT
RESOLVED that the offer of Joseph Grassi be and it
hereby is approved and that the property be sold,
subject, however, to the approval of the Trustees
of the Village of Larchmont where the premises are
situated, to Joseph Grassi upon payment of the balance
of $3,645. with adjustment of taxes as of March 1, 1948.
FURTHER RESOLVED that the Town Attorney is instructed
to prepare and the Supervisor to execute A deed to
Joseph Grassi to be delivered upon payment of the
amount due the Town of Mamaroneck, in cash.
The Supervisor said he had received an inquiry from the. Village of
Larchmont as to the attitude of the Town Board with regard to a
proposed addition or alteration of the Larchmont Public Library to
be done at an approximate cost of $40,000. to be raised by bond
issue underwritten by the Village of Larchmont. It was proposed that
in such event, the Town would increase its annual contribution, be-
ginning with the year 1951, so as to include the interest and amorti-
zation on this bond issue.
After discussion, the Board signified its willingness to adopt this
-- suggestion.
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With reference to a question raised by members of the Board, re-
garding the schedule of rates to be charged by the Fordham Transit
Co. within the Town of Mamaroneck, Councilman McKeever presented a
new schedule which he had received from the Transportation Company,
showing the various zones.
Mr. Delius was instructed to contaet'. the Transportation Company
with a view toward having it change one of the zone boundary lines,
making it Rockland Avenue instead of Richbell Road.
Mr. I Roosin addressed the Board regarding an extension of the
water main in Hommocks Road.
Following discussion, the Board unanimously agreed to make the con-
nection between the dead-end main in Hommocks Road and the present
supply line, provided the pipe to be laid will not exceed 25 feet
in length.
Mr. Alan L. Arnoy appeared and stated that the Building Inspector
had refused to approve Building Permit No. 2877 for a house to be
located at No. 19 Lafayette Road, on the ground that the plans and
specifications did not comply with the Building Code with respect to
the thickness of the foundation walls. He stated further that inas-
much as the Board is contemplating an amendment to the Code so as
to allow foundation walls of a lesser thickness than is now required
and because the proposed plan will comply with the new provisions, he
asked the hoard to direct the Building Inspector to issue this permit
in accordance with authority contained in Article V, Section 19 of
the Building Code.
Upon motion by Councilman McKeever, seconded by Councilman Watson, it
was, upon roll call, unanimously
-- RESOLVED that the Building Inspector is hereby directed
to modify the requirements of the Building Code or Ordinance
so as to approve Plan No. 2877, submitted by Alan L. Carnoy
for the construction of a house at No. 19 Lafayette Road.
Town Engineer Foote appeared before the Board to report on the condi-
tion of Madison Street. Mr. Foote stated there were two depressions,
one where Lafayette Road turns into Madison Street and one near Fifth
Avenue. When asked by the Supervisor, how much money had been spent
in the past 3 years replacing sewer and water pipe, Mr. Foote informed
them approximately $/+,000. The members of the -ooard discussed this
matter but no action was taken.
The Town Attorney brought up for discussion, the possible settlement of
the claim of Angelo Malagiero for reimbursement of expenses for labor
and materials in the construction of a structure on premises on the
northwest corner of Madison Avenue and Garfield Street, known as Block
133, Parcel lol, on the Tax Assessment Map, which he erected after ob-
taining a building permit granted November 10th, 1949, which permit
was thereafter revoked on the grounds that the building to be erected
thereon did not comply with the Zoning Ordinance.
- After discussion, upon motion by Councilman Embury, seconded by Council-
man McKeever, it was unanimously
RESOLVED that the Town Attorney be and he hereby is
authorized to settle this matter by the removal of the
`structure from the premises and payment to Angelo
Malagiero of not more than $500.
The Board then discussed the amendment to the Building Code and it
was decided to hold a public hearing on the proposed amendments at
the next meeting to be held July 19th, 1950.
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On motion by Councilman McKeever, seconded by Councilman Watson, it
was unanimously
RESOLVED that the Town Clerk be and he hereby is
authorized to publish a notice in the Daily Times
stating that there will be a public hearing on the
proposed amendments to the Building Code on the
19th of July, 1950, which notice is as follows:
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PUBLIC NOTICE
PLEASE TAKE NOTICE, that a public hearing will be held by the
Town Board of the Town of Mamaroneck pursuant to Section 130 of the
Town Law on July 19th; 1950, at 8: 15 P.M. in the Council Room of
the Weaver Street Fire House, for the purpose of considering cer-
tain amendments to the Building Code or Ordinance of the Town of
Mamaroneck which are in substance as follows:
Amending Article 9, Section 46 (Foundation Walls) so as to
provide:
1. That the thickness of foundation walls if built of
brick, concrete or hollow concrete blocks, shall be not
less than 12 inches, except that an 8 inch wall thickness
may be used,
(a) For frame dwellings not over 2-1/2 stories in
height.
(b) For garages accessory to residence buildings
where the floor level inside and ground level out-
side are at about the same grade or elevations which
ma be supported on 8 inch masonry above the footings.
(c For porches, breezeways and terraces which may be
supported on 8 inch masonry wails above the footings.
2. That the portion of a frame dwelling 2-1/2 stories
or less in height having no cellar or basement may be
supported on masonry walls 8 inches in thickness, pro-
vided however, that the difference in level between the
putside finished grade and the inside gsade-'_is not more
than 3 feet and that all other walls supporting an un-
balanced horizontal load of more than 3 feet in height
shall be at least le inches in thickness.
3. That the frame dwellings where there is not a full
cellar or basement under the entire house, the part not
used as a cellar or basement known as "Crawl Space" shall
be 3 feet in depth below the floor beams and that there
shall be sufficient means of access to such "crawl space"
and also means of ventilation.
Amending Article 91 Section 1.5 (Foundations) , Subdivision 2
(Footings) so as to provide:
2. That in case of solid ledge rock foundation, the top
surface of footings shall be truly horizontal and in no
- case shall the footing of concrete be less than 3 inches thick.
1. That footings for all foundation walls s'^all be at least
g inches wider than the wall that they suppo4t and that in
case of poor or questionable soil conditions, the Building
Inspector may demand a wider footing.
209
Amending Article 13, Section 70 (Fuel Oil Equipment) so
as to provide:
1. That a copy of the regulations for: the installation
of fuel oil burners adopted by the National Board of
Fire Underwriters shall be on file in the Building In-
spector9s Office.
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2. That oil burners used in connection with steam
heating systems must be equipped �A h approved
automatic device for shutting down urner in the
event of low water in the boiler.
Amending Article 12, Section 62 (Chimneys and flues) ,
to provide that heating apparatus or heat producing appliances
be connected with the chimney except gas cook stoves, gas
hot water heaters and electric appliances.
Amending Article 4 (Classification of Buildings by Type
of Construction) Section 7, subdivision 1 - 4, inc. , so
as to provide:
A. That the following buildings may be of frame construc-
tion:
1. Residence buildings of not more than 2-1/2 stories
or 25 feet in height, except community or group dwellings
as defined in Article 2, Section 3, Subdivision b of the
Zoning Ordinance of the Town of Mamaroneck, which may be
erected in conformity with the provisions of the Zoning
Ordinance with respect to fireproofing.
2. Private garages acccessory to residence buildings
- if for not more than 3 automobiles and not erected
within 10 feet of any residence.
B. That the following buildings shall be of semi-fireproof
construction, if not fireproof.
1. Residence buildings more than 2-1/2 stories or
25 feet in height.
2. Multiple dwellings not more than 6 stories or
70 feet in height if erected in a "B" Use Area and
Graduated Height District as defined in the Zoning
Ordinance of the Town of Mamaroneck.
3. Multiple dwellings not more than 4 stories or 46
feet in height if erected in B2. C or D Use Area and
Height Districts as defined in the Zoning Ordinance
of the Town of Mamaroneck.
4. Hotels and Lodging Houses not more than 4 stories
or more than 46 feet in height.
5 . Business buildings not more than 4 stories or more
than 46 feet in height excepting public garages or
buildings used for motor vehicle repair or for gasoline
- ' service stations.
6. Public buildings not more than 2 stories
or 25 feet in.height.
211
C . That the following buildings shall be of fireproof con-
struction:
1. Multiple dwellings more than 4 stories or /+6
feet in height if erected in a B2. C or D Use Area
and Height Districts as defined in the Zoning Or-
dinance of the Town of Mamaroneck.
2. Hotels and lodging houses more than 4 stories
or 46 feet in height.
3 . Business buildings more than 4 stories or 46
feet in height.
4. Public buildings more than 2 stories or 25
feet in height.
D . That all garages not combined or attached to other
buildings other than private garages accessory to re-
sidence buildings for not more than 3 automobiles and
not erected within 10 feet of any residence shall:
1. If such garages do not exceed 1 story in height,
be of semi-fireproof construction ( if not fireproof) ,
provided however, that all columns and girders must
be covered and protected on all sides with fire re- i
sistant material of at least one hour' s duration.
2. If they exceed 1 :.story' in height be of fireproof
construction.
Amending Article 1, Section 3 (Application for Permit)
Subdivision 3 so as to provide:
That all applications for building permits including al-
terations or additions to existing building must be accom-
panied by scale drawings in duplicate showing a plot plan,
at least two elevations and having all dimensions and dis-
tances clearly indicated on such drawings.
Repealing Paragraph "First}' of the resolution adopted
September 8, 1948 which was intended to amend Article 7
(Means of Egress) Section 25 (Number of exits) Subdivision
4 (Apartments) of the Building Code and re-enacting such
resolution.
TAKE FURTHER NOTICE that all persons appearing at the
time and place aforesaid, will be given an opportunity to
be heard.
Dated, June 30, 1950.
BY ORDER OF THE TOWN BOARD
Charles J. Gronberg
Town Clerk
213
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Mr. Delius stated that the hearing on the proposed rate increase
case of the New Haven Railroad Company will be held in Washington
on July 6th, and he will attend the hearing as previously authorized
by this Board.
Chief Burton presented the Fire Report for May, 1950, as follows:
FIRE REPORT FOR MAY. 190
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May 4, 12: 25 A.M. 12: 58 A.M., still alarm, Box 151, Oakhaven Apts. ,
Elevator motor smouldering, dispatched Engine #3, Mellor and Miller.
Extinguished with booster, no damage.
May 5, 7: 07 P .M. 7: 16 P.M., still alarm, box 153, 87 Edgewood
Avenue, fire in oven of kitchen range, dispatched Truck #2, Moll,
extinguished with C.O . 2. No damage.
May 6, 10: 05 P.M. 10: 30 P.M., minor alarm, Box 432, Old White
Plains Road, brush fire, dispatched Engine #3, Dick Murphy, no damage.
May 7, 7:10 P.M. 7: 28 P.M., minor alarm, Box 272, Lancia Lane, brush
fire, dispatched Engine #3, Miller, no damage.
May 9, 10:30 A.M. 11:00 A.M., still alarm, Box 131, Baldwin Lane,
brush fire, dispatched Engine #3, Molly: no damage.
May 9, 1:32 P .M. 1: 50 P.M., full alarm, Box 151, Oakhaven Apts.
Elevator motor burning, dispatched Engine #2, Harrington, Aerial
Miller and Moll and Patrol, Mellor, extinguished with C.O. 2, no
damage.
May 10, 12: 37 P.M. 12: 55 P .M., still alarm, Box 311, 283 Murray
Avenue, Mrs. Kiernan locked out of house, dispatched Truck 2, Moll.
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May 11, 1:44 P .M. 2: 15 P .M., minor alarm, Box 413, Fenimore Road,
brush fire, dispatched Engine #3, Schmidt, no damage.
May 11, 2: 19 P.M., minor alarm, Box 362, Bonnie Briar
Lane, brush fire, dispatched Engine #3, Miller, no damage.
May 12, 1: 21 P .M. 2:10 P .M. , minor alarm, Box 272, Mohegan Road,
brush fire, dispatched Engine #3, Pendergast, no damage.
May 12, 5:45 P .M. 6:30 P.M. minor alarm, Box 263, Mohegan Road,
brush fire, dispatched Engine #3, Moll, no damage.
May 13, 9: 20 A.M. 9: 30 A.M. minor alarm, Box 324, Bonnie Briar
Lane, brush fire, dispatched Engine #3, Pendergast, no damage.
May 13, 2: 52 P .M. 3:05 P.M., minor alarm, Box 237, Rockland Avenue,
brush fire, dispatched Engine #3, Pendergast, no damage.
May 14, 4:10 P.M. 4:30 P.M., minor alarm, Box 253, Mulberry Lane,
brush fire, dispatched Engine #3, Peder ast, no damage.
May 14, 5: 15 P.M. 5:35 P.M., minor alarm, Box 253, Mulberry Lane,
-- rubbish fire, dispatched Engine #3, Pendergast, no damage.
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May 14, 6:36 P.M. 7:15 P .M., minor alarm, Box 253, Mulberry Lane,
rubbish fire, dispatched Engine 773, Testa, no damage.
May i5, L2:12 P .M. 12: 38 P .M. still alarm, Box 216, Lansdowne
Drive, brush fire, dispatched Engine #3, Mellor, no damage.
215
May 15, 12:35 P .M. 1: 20 P.M., minor alarm, Box 237, Rockland
Avenue, brush fire, dispatched Engine #3, Mellor, no damage.
May 16, 8: 25 A.M. 5: 57 A.M., emergency alarm, Box $5, Myrtle
Garage, Mr. Henry A. Krok passed, out in garage, resuscitator was
used until ambulance arrived from New Rochelle Hospital. Dis-
patched Patrol, Mellor and Moll.
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May 16, 4:45 P.M. 4: 55 P .M. , still alarm, Box 253, Mulberry Lane,
brush fire, dispatched Engine #3, Moll, no damage.
May 18, 11: 20 A.M. 11:30 A.M. full alarm, Box 144, Hillside Road,
overheated boiler, dispatched Engine #2, Testa, Truck #2, Mellor,
and Patrol Schmidt, no damage.
May 20, 2:45 P .M. 2: 55 P .M., full alarm, Box 151, Oakhaven A,pts.
Elevator motor burning, dispatched Engine Y2, Miller, Aerial Pender-
gast & Mellor abd Patrol, Schmidt, no damage, extinguished with booster.
May 21, 11: 57 A.M. 12: 10 P.M., still alarm, Box 253, Mulberry Lane,
rubbish fire, dispatched Patrol, Thomsen, nothing used, no damage.
May 21, 4:15 P.M. 4:40 P.M., still alarm, Box 512, Hommocks Road,
brush fire, dispatched Engine #3, Pendergast, no damage.
May 21, 4: 25 P.M. 5: 00 P .M., still alarm, Box 437, Prince Estate,
brush fire, dispatched Patrol, Mirande, no damage.
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May 21, 5: 20 P.M. 5: 37 P .M. , still alarm, Box 1552 37 Lookout Circle,
car fire, dispatched Engine #3, Pendergast, burned wiring.
May 21, 11:45 P .M. 12: 22 A.M. . , minor alarm, Box 437, Prince Estate,
tree stump on fire, dispatched Engine #3, Miller, no damage.
Totals: 11 Still Alarms
13 Minor Alarms
1 emergency alarm
3 full alarms
no deaths or damage by fire
Respectfully submitted,
George W. Burton
Chief
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Chief Burton presented a. list of claims from the Fire Department for
expenditures and stated that they had been audited by the Comptroller
and that he had checked the bills and recommended their approval and
payment.
The members of the Town Board, sitting as the Board of Fire Com-
missioners., considered the claims and on motion by Councilman Watson,
seconded by Councilman Embury, it was, upon roll call, 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:
V
A. & A. Automotive Co 17.59
George P. Lahm 80.00
Joseph M: Lutz 26.40
New Rochelle Fur. Co. 6.67
N.Y. Telephone Co. 50.05
Portable Light Co. 12.70
Seagrave Corp. 2.70
Eric S . Turner 5.00
Sidney S. Vogel 4.75
A. Weidehamer 25;00
Wesco Fire Equipt. & Ser. 192.97
Total $423.83
The Chief of the Fire Department reported that the Type 85,
240 HP Fire Truck had been delivered on May 25th, 1950, and that
after Inspection, it had 'proved to be in accordance with the contract
and specifications, and he recommended that the Truck be accepted by
the Board.
Upon motion by Councilman Waterman, seconded by Councilman Embury, it
was, unanimously upon roll call
RESOLVED that in accordance with the recommendation of the
Chief of the Fire Department, the Type. 85, -240 H.P . Fire
Truck purchased from Ward La France Company; be and it
hereby is accepted.
There being no further business to come before the meeting, it adjourned
at 10, 20 P.M. to meet again on July 19th, 1950.
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