HomeMy WebLinkAbout1948_04_28 Town Board Minutes PUBLIC HEARING AND REGULAR T,,TETING OF THE TOWN BOARD
T017N OF MAN?ARONECK, TOLD APRIL 289 , 1948
In the Council Room of the cleaver Street Fire House, Town of
Mamaroneck, N.Y.
The meeting was called to order by Supervisor Mandeville at
8: 15 P ,M. ( Daylight Saving Time) .
Present: Supervisor Mandeville
Councilmen McKeever, Mills, Watson, Embury
Absent : Town Clerk Gronberg
The presence was also noted of Town Attorney Delius and
Accountant Finson, ( Mr. Finson was asked to act as Clerk of the Board
in Mr. Gronberg ° s absence) .
The Supervisor presented the affidavit of publication cover-
ing the public hearing to be held on this date .
There were approximately 150 persz)ns present.
The Supervisor asked who would like to be heard first, on
the proposed rezoning ®
Yr . Harold Cherry of Darien, Conn. , stated that he was the
owner of land on Larchmont Ridge and that he fails to see that desirability
is more readily expressed by size . He further stated that the 11 Archi-
tectural Forum" comments that the trend in housing is towards the sma 11er
units . Mr . Cherry suggested that a committee of three pass onrall
structures to be erected in the Town and that 25,000 cu. ft . of living
space is excessive . He further stated that many of the present houses
in the proposed rezoning area would not meet these requirements .
Mr. Robert A. Seidel of 10 Avon Road, was the next speaker.
He stated that he was speaking for the newly forn_ed Larchmont Ridge
Taxpayers Association, combed of apps-oximately 80 members, , bleb had
been organized to maintain the present character of Larchmont Ridge.
Mr. Seidel stated that the membership is unanimous in approving 1
the proposed rezoning, that, in fact, they had recomr_ended the proposed
changes to the Toxin Board. He explained that �,,�,�the past month they
have discovered that their deed restrictions arPinforceable and it is
because of this that they feel the taxpayers of Larchmont Ridge should
receive some protection; in the form of stricter zoning requirements.
He said the taxpayers did not feel that the proposed rezoning is pro-
hibitive and that it would benefit the entire area in the futuf-e.
Mr. Henry W. Parker of Port Washington, N®Y. , said he is the
owner of two plots in Larchmont Ridge and he does not believe that many
of the present owners ' homes conform with the proposed rezoning „ He
suggested that the size of the plot be changed from 1,5,000 sq. ft . to
109000 sq. ft.
Mr. Harvey M. Manse of 37 Bonnie Briar Lane said he was
speaking on behalf of the Bonnie Briar Civic Organization, which is
composed of approximately 25 property owners with a very high assessed
valuation. Mr. Manss said that the Bonnie Briar Civic Organization en-
dorses the statements made by Mr. Seidel on behalf of the Larchmont Ridge
Taxpayers Association.
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Mr. Alan Carnoy of Lafayette Road, stated that he is the
owner of considerable vacant property in Larchmont Ridge and believes
in zoning restrictions, but feels that on an area the size of the one
that is proposed to be rezoned, there should be different restrictions,
depending on the character and nature of the locality. Mr. Carnoy ex-
plained as an example that he is the owner of property on Grand Street
and lower Fenimore Road and this property would be absolutely useless
under the proposed rezoning . He further stated that he felt that a
30' setback from a side street for a corner lot would be sufficient .
He further stated that instead of a 40' height limitation, he felt
that the area should be restricted to not more that two-story houses .
He also felt that the cubical content of a house should be computed
on the basis of the entire house, including attic, basement, and garage .
Mr . Carnoy explained that a house with approximately 25,000
cu.ft. of livable space would be a house that sells in the neighborhood
of $50,000. to $55,000. It would be his feeling that the cubical con-
tent should be reduced to 27,000 or 28, 000 cu.ft . overall.
I4Ir. Cornelius Van Buren, the next speaker, stated that
he believes in zoning restrictions, but pointed out that there are
two sections involved in the proposed rezoning, namely, the Larchmont
Ridge area and the remainder of approximately 1400 acres . He explained
that zoning on Larchmont Ridge would be one thing, but that the other
is an entirely different matter . He also asked why the boundary of
the proposed rezoning area affects only one side of the street and
not the other.
The Supervisor explained that the area had to be bounded in
some fashion, and it had been proposed that the boundary lines follow
the streets as shown in the Notice of the hearing.
'Mr. Van Buren said that a house of 25, 000 cu. ft . of livable
space is approximately a 40,000 cu. ft . overall house . He further ex-
plained that builders have informed him that the cost of building a
house today is approximately $1,00 per cu. ft. In addition to this
cost, from $4, 000. to $5,000. must be expended for the land, and that
the builders are entitled to a 10% profit ; so that this size house
would sell in the vicinity of $52,000. to $55,000. Mr. Van Buren also
objected to the 15, 000 sq. ft . restrictions and said there are 28 plots
in Larchmont Ridge that are less than one-third of an acre . He felt
that a restriction of 10,000 sq. ft . would be more than ample to protect
the character of the area. In regard to a front setback of 40 ' as
proposed, he stated that this was excessive, and 30 ' setback would be
in order, and a 10 ' side line setback ample .
Mr . Van Buren said that one-half the houses in Larchmont Ridge
did not comply with the proposed rezoning in many cases. He further
stated that theoriginal deed restrictions and their modifications had
been consented to by every property owner. He concluded by stating
that the vacant land owners have some rights and should be allowed to
utilize their property.
Mr. Cherry referred to d_r. Seidel' s statement that all the
members are in unanimous agreement and stated he is a member of
the Larchmont Ridge Taxpayers Association and he does not favor the
proposed,;rezoning. He further stated that he does not believe that
extra rights should be allowed to those people who are actually home
owners.
-- Mr. Allan E . Shore of Griffen Avenue, asked what had happened
to the proposed rezoning in the Griffen Avenue Area®
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The Supervisor replied that no action had been taken.
Mr. William Fernschild, of Rockingstone Avenue, stated that
he owned a plot on I-ohegan Road which is less than 15, 000 sq. ft. as
recuired by the proposed rezoning, and it was his feeling that it would
bey : illegal to impose such restriction unless they were to apply only
to buildings and subdivisions created after it had gone into effect .
Mr . Stanley Rubin, and Mr . Walter T . Fitzpatrick, of Griffen
Avenue, also spoke in regard to the abutting area, and the general
tenor of their rerarks speed to be they wished to include more property
into a restricted area with/half acre rather than one-third acre re-
strictions .
Mr. Thomas B. Sutton, Realtor, Larchmont, stated that 25,000
cu. ft, restrictions may work to the disadvantage of the people who
are presently in favor of the proposed restrictions. He said that the
trend is for houses with no cellars and flat roofs, and a 25,000 cu. ft.
restrictions might encourage this type of house. He also stated that it
was his feeling that 10,000 sq. ft . and 101 side line restriction
would be sufficient. He added that it was his idea that a 401 setback
where houses on either side are only set back 201 and 251 , would be
unreasonable.
Jane Cornell, Realtor, Mamaroneck, stated that she opposed
the 25, 000 cu. ft . restriction and the 15,000 sq. ft . restriction.
Er.J.B. Morris of Larchmont Ridge, said he was a pioneer
owner of the Ridge . That he had built Beresford Lane and that he was
in sympathy with zoning restrictions but unless he received assurance that
he would not have to re-arrange his present set up, he would be against
the proposed rezoning, especially as to the size of plot .
Mr. Parker asked the Supervisor if the Board would consider
a written brief or letter.
The Supervisor replied that the Board would be glad to con-
sider any further expressions in their deliberations .
Mr. Stephen Dunwell stated that he had just recently bought.
a lot on Larcbmont Ridge and he did not intend to build a house with a
cubical content of 25,000 cu. ft . ; that it was out of the question for
either he or gny one else to build a house that size. He further stated
that he had searched the Town of Mamaroneck extensively for land and
found there was very little left, outside of the undeveloped areas .
Mr . Platt K. Wiggins said he felt that some protection was
necessary and the entire question to be determined is what should be
the limitations and restrictions.
Mr . Louis Tolve, of Mamaroneck, stgted that the proposed
rezoning would stop the growth of Mamaroneck and would deter building
in that area.
Mr. Alfred Willis stated that he felt that all the restrictions
were too drastic and should be revised.
Yr. Frank Rollins, who was representing his family and who
have been property owners in back of Griffen Avenue for eighteen years,
--- said these restrictions were unreasonable and would make his land worth-
less, unless the Board of Appeals would continuously grant variances .
Yr.' Bernard Lancia filed a letter with the Board, and at the
instructions of the Supervisor, the letter was read at the hearing.
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Mr. Lancia stated that a 25,000 cu. ft . house would cost him
approximately $50,000® to build and that nobody including himself, would
build in Larchmont Ridge, if this zoning were approved.
The Supervisor stated that there had been building going on
in Larchmont before their time and that building would continue after
their time .
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Mr. Van Buren stated that he wished to make it very clear to the
Town Board and to every one present that he does not have any interest
in the Lancia Development on Avon Road. That the only connection he
-- has is that he purchased two of the six plots from Mr . Lancia®
Mr . Seidel asked the Supervisor whether he could give them
some idea as to when the Town Board would make a decision on this pro-
posed rezoning.
The Supervisor stated that it might be possible to reach a
decision within a week or ten days .
In Addition to Mr. Lar_cia ° s written statement, letters were
received from Barney Epstein and Carnoy Construction Corp. , in reference
to the proposed rezoning .
The public hearing adjourned at 10: 15 P .M.
The minutes of March 24, and April 7, 1948, were approved
as presented.
A letter dated April 19, H
1948, was received from Mr. Edward
Ely Hoxie ; also a letter dated April H. 1948 from Police Chief Yerick
in reference to Mr . Hoxie ° s complaint regarding children using the dead
end of Edgewood Avenue.
The letters were ordered placed on file .
A certified copy of resolution was received from the Village
of Larchmont in reference to the distribution of funds received by
the State for the support of local Government commonly known as the
1oore ,Plan. This resolution was identical with the one received by
the Town Board at its meeting of April 7, 1948 from the Village of
Mamaroneck.
The resolution was ordered received and placed on file .
A letter was received from the Scarsdale Bus Company requesting
permission to run buses from the Scarsdale line, down Weaver Street to
the Boston. Post Road, up the Boston Post Road to the Village of Mamaroneck
line, for the transportation of passengers from Tuckahoe and Scarsdale to
Pla.yland.
It was ordered referred to the Town Attorney.
The following statements were ordered placed on file:
Summary of Receipt and Disbursements from January 1 to March 31, 1948
Analysis of Budget Appropriations and Expenditures from January 1 to
March 31, 1948.
Analysis of Estimated Revenues from January 1 to 'Karch 31, 1948.
x'917
Councilman Watson read the following communications received
from the Assessor:
April 269 1948
Hon. Town Board
Yanaronecx, N.Y.
_ Gentlemen:
On the Assessment Roll of 1947, taxes of 1948, there is an
item; Block 833, Parcel 87, which has an assessment of
$500. for a building.
During August, 1946, this building was severly damaged by
a windstorm and the remaining timbers, etc . have been
taken away without the owner' s knowledge .
I ask that according to Section 33 of the Westchester
County Tax Act, that the State, Town and County tax
be cancelled on the $500, assessment .
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Respectfully submitted,
/s/ Names 14. Smith, Assessor
On motion by Councilman 77atson, seconded by Councilman Embury,
the following resolution, was upon roll call, unanimously adopted:
RESOLVED, that the assessment on Block 833, Parcel
87 of the Assessment Roll of 1947, taxes of 1948, be
reduced in the amount of $50O.lwhich reduction shall
apply to the improvement ;
FURTHER RESOLVED, that the Receiver of Taxes be and he
hereby is directed to send a corrected 'ball to the owners
for the 1948 State and County tax.
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 .
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On motion by Councilman Watson, seconded by Councilman Embury,
the followwing resolution arras, upon roll call, unanimously adopted:
WHEREAS, the Assessor has presented petitions for the
correction of the assessment roll for certain yews
pursuant to the provisions of Section 33 of Chapter
105 of the Laws of 1916 as amended, known as the
Westchester County max Act ; and
WHEREAS, after due consideration this Board finds it
desirable to grant said petitions for the correction
of said assessment roll;
NOW, THEREFORE, BE IT
RESOLVED, that the assessment roll of 1947, taxes of
-- 19489 which shows property now appearing on the roll
as follows:
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Section Block Lot Owner Land Only
1 37B 223 to
(12.1-46) 226 Piaple Hill Estate Inc . $2, 500.
be corrected as follows, in accordance with the
provisions of subdivision 5 of Section 33 :
Section Block Lot Owner Land Only
1 37B 223 to
( 121-46) 225 Maple Hill Estate Inc . $19875
1 37B 226
(121-52 add to 54) Yaple Hill Estate Inc . 625
FURTHER RESOLVED, that the assessment roll of 1947,
taxes of 1948, which shows property now appearing
on the roll as follows:
Section Block Lot Owner Land On_1y
1 37B 52 to 60
(120-24) 1.1aple Hill Estate Inc. $4,000
be corrected as follows, in accordance with the
provisions of subdivision 5 of Section 33:
Section Block Lot Owner Land Only
1 37B 1,/2 56 & 57
(120-19) to 60 Maple Hill Estate Inc . $1, 500
1 37B 1/2 56 & 52
( 120-28) to . 55 Maple hill Estate Inc. 2, 500
FURTHER RESOLVED, that the assessment roll of 1947,
taxes ( school) of 1948, which shows property now appear-ing
on the roll as follows :
Section Block Lot Owner Land Imp. Total
7 22 1 to 5
(712-44) 0. Smalley & IN $169000 $11, 500 $27, 500
be corrected as follows, in accordance with the
provisions of subdivision 5 of Section 33 :
Section Block Lot Owner Land Im.P. Total
7 22 1 to 5A
( 712-46) 0. Smalley & w $157850. $11, 500. $279350•
7 22 5B
( 712-add to 27) S.A. Field & 1;17 150. 150.
FURTHER RESOLVED, that the assessment roll of 1947,
taxes of 1948, which shows property now appearing on
the roll as follows :
--- Section Block Lot Owner Land Into Total
7 63 12B, 13914A
(721-215) 3A, 49 514 Geo. Dolan & w $9, 550® $28, 250. $37, 800®
be corrected as follows, in accordance with the pro-
visions of subdivision 5 of Section 33 :
Section Block Lot Owner Land Imp. Total
7 63 12B9 13, 14A
( 721-215) 3A, 4, 5A Geo. Dolan & T1 $99315® $28, 250. $37, 565.
7 63 5A Jos . F . Curren 235. 235.
(721 add to 284)
FURTHER RESOLVED THAT THE ASSESSPZINT ROLL OF 1947;
taxes of 1948, which shoves property now appearing
on the roll as follows :
Section Block Lot Owner Land Only
8 56 13 & 14
(817-456) Broad Ave . Realty Co. $59000.
be corrected as follows, in accordance with the
provisions of subdivision 5 of Section 33 :
Section Block Lot Owner Land Only
8 56 13
(817-456) Broad Ave . Realty Co. $2, 500.
8 56 14
( 817-461) Clair V. Johnson $2, 500.
FURTHER RESOLVED, that the assessment roll of 1947,
taxes of 1948, which shows property now appearing
on the roll as follows :
Section Block Lot owner Land Only
8 57 7 to 11
(820-295) Silvio Rainaldi $3, 900®
be corrected as follows, in accordance with the
provisions of subdivision 5 of Section 33 :
Section Block Lot Owner Land Only
8 57 7 & 8
(820-295) Silvio Rainaldi $1, 500.
8 57 9
(820-315) Salvatore Garufi 750®
8 57 10 & 11
(820-320) Angelina Farina $1,650.
FURTHER RESOLVED, that the assessment roll of 1947,
taxes of 1948, which shows property now appearing on
the roll as follows :
Section Block Lot Owner Land Only
8 57 2 to 11
( 820-257) Village of Mamaroneck $139000.
be corrected as follows, in accordance with the pro-
visions of subdivision 5 of Section 33 :
Section Block Lot Owner Land Only
8 57 2 to 6 village of Mamaroneck $9,100.
( 820-257)
8 57 7 to 11
(820-295) Silvio Rainaldi $39900.
FURTHER RESOLVED, that the assessment roll of 1946,
taxes of 1947, and the assessment roll of 19479ST&C
tax of 1948 and school tax of 1945-46, which show
property now appearing on the roil as follows:
Section_Block�Lot _Owned . Land Only
8 77 2, 3,4 & 9A
(831-337) Village of Mamaroneck $3, 500.
be corrected as follows, in accordance with the
provisions of subdivision 5 of Section 33:
Section Block Lot _Owner Land Only
8 77 1 & 2 & 9B
(831-470) Village of Mamaroneck $ 500.
8 77 39 4 & 9A
(831-337) Ralph Blood $3,000.
FURTHER RESOLVED, that the assessment roll of 1947,
taxes of 1948, which shows property now appearing on
the roll as follows :
Section Block Lot Owner Land_ Imp Total
9 56 lA & lAl
(928-317) Josephine Rigano $9,000. $6, 500. $15, 500®
be corrected as follows, in accordance with the
provisions of subdivision 5 of Section 33 :
Section Block Lot Owner Land Imo. Total
9 56 1Al
(928-337) Josephine Rigano $2,000. $29000.
9 56 IA
(928-317) J.K. Tierman & $7,000 $6, 500. $13, 500.
T.R. Allen
FURTHER RESOLVED, that the assessment roll of 1947,
taxes of 1948, which shows property now appearing on
the roll as follows:
Section Block Lot Owner Land Only
9 87 192,3 Leon J. Ives $3,650.
(940-157)
be corrected as follows, in accordance with the
provisions of subdivision 5 of Section 33 :
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Section Block Lot Owner Land 0nly
9 87 1B, 2B93B
(940-157) Dominic Quadrini $2, 750®
9 87 1A, 2A93A
`940-179) neon J. Ives & Pd $ 900.
Councilman Embury stated that he had nothing to report for
his departments .
The Supervisor presented the list of Town-owned properties
that had been sold 7E public auction on April 19, 1948.
On motion by Councilman Mills, seconded by Councilman Embury,
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 11In the Matter of the Foreclosure of Tax Liens
Pursuant to Article Vll-A, Title 3 of the Tax Law by the
Town of Mamaroneck, List of Delinquent Taxes for 194781,
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 April 19, 1948, a public auction and received bids
on certain of said parcels o f real estate now owned
by the Town of Mamaroneck,
WEEREAS, 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 INCLUSIVE ®
Final
Block Parcel Purchaser Sales Price Terms
123 8 Adam G.J. Kirchoff $ 250.00 Cash
132 78 Patsy Giacomo 19417.00 Cash
504 459 James Hoenig; 175.00 Cash
505 163 James Carroll 66.67 Cash
FURTHER RESOLVED, that the Supervisor is authorized and
directed to execute and deliver deeds to these parcels
in accordance with the terms and contracts of sale and
the Town Attorney is authorized to take all steps ne-
cessary to complete the sales and transfer these parcels.
The Supervisor presented sales which had been approved by the
Trustees of the Village of Larchmont, covering property acquired by that
Village in its foreclosure proceeding In Rem.
On motion by Councilman Watson, seconded by Councilman n,?ills,
the following resolution was, upon roll call, unanimously adopted :
207
WHEREAS, the Village of Larchmont, through the institution
of an action began on February 13, 1946, in the County
Court of Westchester 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 1946) 4° , 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 judgement
in said foreclosure action made and entered in pursuant of
said judgment ; and
TATHEREAS, both the Village of Larchmont and Town of Yamaroneck
held tax liens for unpaid taxes on said parcels of real
property; and
T'HEREAS, pursuant to Section 165-a of the Tax Law an agree-
ment dated May 20, 1946 was entered into between the Village
of Larchmont and the Town of Tiamaroneck, which among other
things set forth the interests of said municipalties in
the properties being foreclosed, the disposition of said
tax liens and unpaid taxes and the manner of the distri-
bution of the proceeds received from said sales ; and
WHEREAS, the highest bid received by the Village Treasurer
pursuant to authorization of the Village Board of the Vil-
lage of Larchmont on April 7, 1948 accepted the following
offers of the upset prices on said property:
Price Village
Block Parcel Purchaser Upset Price Accepted Assessment_
604 45 Jean E . Wuest $700.00 $29000. $2,100.
609 158 The Severin Co. 266.67 425. 800.
727 604 Thomas Farmer 1866.67 2, 575• 5, 600•
BE IT RESOLVED, that the sales prices bid for the parcels
of real property listed above are hereby approved, and
that all consents and approval by the Town Board of the
Town of Mamaroneck for the sale of the aforesaid parcels
of real property by the Village of Larchmont required
under the provisions of the aforesaid agreement between
the Village of Larchmont and Town of 1-Tamaroneck dated
May 20, 1946, are hereby granted and allowed.
The Supervisor reported that the Village of Yamaroneck had
sold Block 818, Parcel 20, to the Church of St . Vito, and there are open
taxes from 1929 to 1946 inclusive . He explained that this is part of one
of the properties foreclosed by the Town in its In Rem action and deeded
back to the Village of Mamaroneck. Under our agreement, the taxes were
to be kept open until such time as the property was sold by the Village
of Mamaroneck and distribution of the proceeds mace. He further stated
that the distribution, including this parcel, has been received and is
being credited against the Town' s share of Village properties sold ;
therefore, it is now in order for these taxes to be cancelled.
On motion by Councilman Embury, seconded by Councilman Mills,
it was, upon roll call, unanimously
RESOLVED, that the Receiver of Taxes and Assessments
be and he hereby is directed to cancel the following
- taxes against Block 818, Parcel 20:
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Year_offTTax SLTYC School
10,46 $ .70 $ 4.04
1945 3.31 3 .71
1944 3 .86 3 .83
1943 4, 51 4,01
1942 4.76 3 .98
1941 4® 52 3 ®84
1940 4.29 3 ®97
1939 4>14 3.87
1938 5.99 5®25
1937 5®15 5819
1936 4.80 4.94
1935 1.69 2®42
1934 4.6o 2®44
1933 1.42 2.18
1932 1®38 2.61
1931 1":.17 2.48
1930 1®21 2® 51
1929 _1.24 2®19
T7 772F s
The Supervisor stated that the Board of Education had requested
the loan of three voting machines for their election to be held Ilay 59
1948. He said the School Board would take care of the transportation
and any expenses in connection with this matter®
On motion by Councilman Ilills, seconded by Councilman Watson,
it was, unanimously
RESOLVED, that the Town Clerk be and he hereby is
directed to loan to the Board of Education, Union
Free School District #1 three voting machines
for their use on Aiay 5, 1948®
The Supervisor informed the members of the Board that Mr .
Names P. Ward has been recalled by the navy and that he would recommend
a six months leave of absence for him®
Councilman Watson asked whether Mr . ward was entitled to a
vacations and the Supervisor replied that he was entitled to a two weeks
vacation:
Following discussion, it was on motion by Councilman Mills,
seconded by Councilman McKeever, upon roll call, unanimously
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RESOLVED, that James P. Ward be and he hereby is granted
a six months leave of absence without pay commencing on
May 3, 1948 and ending November 3, 1948;
FURTHER RESOLVED, that 11r . Ward be granted a vacation
covering;a two weeks period, with pay,
Councilman McKeever stated that he had nothing to report for
his departments ®
Councilman Mills presented a list of claims for Fire Department
expenditures and stated that he had checked the bills and recommended
approval and payment ®
The members of the Town Board sitting as the Board of Fire
Commissioners considered the claims, and on motion by Councilman Mills,
seconded by Councilman Embury, it was, upon roll call, unanimously
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RESOLVED, that the following described claims be and
they hereby are approved and that the Supervisor and
Comptroller be and they hereby are authrrized to pay
sar;e out of the budget for the Fire Department :
A & A Automotive Co. $ 4.90
11itchell Oil Corporation 65.35
Universal Tool & Auto Parts Co. 22.21
Universal Tool & Auto Parts Co. 17.84
Universal Tool & Auto Parts Co. 39.73
The Portable Light Co . , Inc . 3 .66
New York Telephone Company 14.25
Westchester Lighting Company _2r�.82_ $193 .76
Hydrant Rental 736.66
Westchester Joint water works ,#1
Grand Total $930.42
The Supervisor asked Councilman Mills about the roof repairs
of the Fire House and stated that he had heard nothing further from the
gentlemen who appeared before the last Board meeting and revuested to
be allowed to submit a bid.
The Supervisor stated that he had at hand three estimates,
namely:
Harrison Roofing & Tinning Co. $145.00
New Rochelle Roofing, Cornice &
Skylight works, Inc . - Approximately $350.00
United States Insulation
Corporation - Approximately 450.00
After considerable discussion, it was on motion by Councilman
dills, seconded by Councilman Embury, upon roll call, unanimously
--- RESOLVED, that the Harrison Roofing and Tinning Co.
be authorized to proceed with the repairs to the
roof of the weaver Street Fire House in accordance
with their estimate dated March 23, 1948.
The Supervisor asked Councilman Mills to see that one of the
men at the Fire House inspect the work to be sure it is being properly
done.
The Town Attorney presented a proposed agreement in the usual
form between the Westchester Joint water Works No.1 and Carnoy Con-
struction Corporation for installation of a water main in Durharn and
York Roads . It provides that Carnoy Construction Corporation is to
deposit with the Westchester Joint ?Mater works No . 1, the sum of $440.17
for the installation of a water main to serve one house to be built and
that Carnoy Construction Corporation will prepare the trench at its own
expense . This agreement provides that 90% of the meter charges for
water consumed in this house, shall be refunded until the total of
$440.17, plus $800. for trenching is reimbursed to Carnoy Construction
Corporation, providing that no refunds be made for a longer period than
ten years .
Upon motion by Councilman McKeever, seconded by Councilman
Ivills, it was, unanimously
RESOLVED, that the Supervisor be and he hereby is
authorized to sign the following agreement:
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THIS AGREE&IENT made this day of 1948, between
WESTCHESTER JOINT WATER WORKS NO. 1, a public corporation organized
under the saws of the State of New York, with its principal place of
business at 129 Halstead Avenue, Mamaroneck, New York, hereinafter called
the " water Works11 , CARNOY CONSTRUCTION CORPORATION, a corporation organized
under the Lags of the State of New York, with its principal place of business
at 15 North Central Avenue, Hartsdale, New York, hereinafter called the
"Customer", and the Town OF TiAl-AROITECK, a municipal corporation of West-
chester County, New York, hereinafter called the "Town" ,
WITNESSETH, THAT:
WHEREAS the Customer has requested the-Water Works to lay and
maintain approximately 100 lineal feet of 611 water main with hydrants and
appurtenances for the purpose of supplying water to a part of the real
property development of the Customer known as a portion of Section 8
and Section 10 of Larchmont Ridge in the Town of Mamaroneck, and the
Water Works with the approval and authorization of the Town is willing
to comply with said request upon the terms and conditions hereinafter
set forth.
NOW, THEREFORE, in consideration of the mutual covenants and
agreements hereinafter set forth, the parties hereto do mutually agree,
one with the other, as follows :
1. The Water Works will furnish the pipe, hydrants and
other appurtenances as required by it, and will lay, install and connect
a 6t1 water main in accordance with such specifications as the Water Works
deems adequate, from the existing 16B, water main at the intersection of
Durham and York Roads, a distance of approximately 100 feet in a southerly
direction in the bed of York Road, as shown on a certain map entitled
"Map of Larchmont Ridge, Portion of Section 8 and Section 10, Property
of Larchmont Fenimore Corporation, Town of Mamaroneck, Westchester
County, New York" , made by A.J. Foote, C .E . & Surveyor, dated January
-.- 241 1948, and filed in the Office of the Clerk of the County of West-
chester, Division of Land Records, on February 13, 1948 as Map #6527,
as shown on a sketch thereof filed in the Office of the Superintendent
of the Water Works, provided nevertheless that the Customer will itself
provide the necessary trenches for the laying of said pipe as required
by the Water Works in accordance with the specifications of the Superin-
tendent of the Water Works and to the depth required by him, and provided
further that the Customer will backfill the said trenches after laying
the pipe in accordance with the specifications and under the direction
of the Superintendent of the Water Works .
2. The Water Works shall maintain said water mains and furnish
water through the same for the use of the Customer, its successors and
assigns, and the owners and accupants of property fronting on said water
mains, subject nevertheless to all the provisions of ,Chapter 654 of the
Laws of 1927 as amended and to all of the rules and regulations of the
Water Works now or hereafter in effect, and at the rates now or hereafter
regularly effective as to the sale of water in this portion of the Town
of Mamaroneck supplied by the 'Hater Forks . All charges for said water
service shall be payable to and collected by the ',dater Works .
3 . The Customer has simultaneously with the execution and
delivery hereof paid to the Mater Works the sum of $440.17, the receipt
of which is hereby acknowledged, the said sum being the estimated cost
to the Water Works of furnishing and installing said water main and
— appurtenances . Upon completion of the installation of said water main,
the Water Works will present to the Customer a statement showing the
actual cost of furnishing and installing the same plus 151 for overhead
and incidental supplies, and if said cost plus 151 exceeds the sum of
21.5
$440.17, then the Customer shall pay to the Water Works an additional
amount sufficient to equal the excess of the actual cost over the
estimated cost. If the actual cost of furnishing and installing said
eater main shall be less than the amount of $440.17, then the Water
Works shall repay to the Customer the difference between the actual
cost and said sum of $440.17. Thereafter the Water Works shall repay
to the Customer annually an amount equal to 90% of all the receipts
received by the Water Works during the previous calendar year from the
_ sale of Water ( not including hydrant rental) through service connections
directly made with the Water main herein provided for until such time
as the amount paid by the Customer to coaxer the cost of the installation
as hereinabove provided and the actual cost to the Customer of preparing
the trench and backffilling the trench for said Water main not in excess
of $800 .00 shall have been refunded to the Customer in full, except that
in no event shall the Customer be entitled to any xxmk refunds for any
period of time after ten years from the date hereof . No such refunds shall
bedue and payable except upon presentation of claim in due form, demanding
payment of the same, and in no event .shall the Customer be entitled to
the repayment of more than the amount paid. Before being entitled to
any refund on account of the cost of trenching and backfilling, the
Customer shall exhibit to the `'later Works receipted bills or other
evidence of the payment thereof in full,
4, AMionies paid by the Customer to the Water Works as herein
provided shall not be considered a deposit or trust fund requiring
segregation from the general funds of the Water Works and in no event
shall any interest be paid by the 'dater Works to the Customer with
respect to the payment thereof.
5. The Water Works shall have the right to extend the Water
main installed under this agreement, connect thereto, renew and enlarge
the same without in anywise altering the obligations of the parties
hereto and said water mains shall be the property of the 7rater Works,
its successors and assigns forever .
6. In the event that the parties hereto shall desire to
- further extend said water main into the property of the Customer and
they shall agree so to do, all the terms and provisions hereof shall
govern such further work upon a deposit being made by the Customer with
the Water ,7,7orks covering the estimated cost of such an additional or
further extension. It is understood and agreed, however., that there is
no obligation upon the Water Works or the Town to accept such additional
obligation.
7. The Town approves and consents to the arrangement herein
made between the Customer and the 7ater 7orks and agrees that the refunds
to be paid the Customer as hereinbefore provided, when paid by the 'Hater
Works, shall be charged to the Town by the Water Works and deducted from
operating revenue payments payable to the Town by the Water Works .
8 . This agreement shall be binding upon the parties hereto,
their successors and assigns .
IN WITNESS MHEREOF, the parties hereto have caused this
agreement to be duly executed the day and year first above Written.
WESTCI�-M STER JOINT WATER 1V70RKS NO. I
By--_
Chairman, Boarddef�Trustees
Attest;.
erk
I
CARNOY CONSTRUCTION CORPORATION
Attest :
By___�_
President
707T!N OF MAI:IARONECK
Attest :
By____
Supervisor
_-7-oi—rin Clerk Y
STATE OF NE77 YORK } ss . :
COUNTY OF WESTCHESTER }
On this day of , 1948, before me personally came
Owen A. Mandeville, to me known, who, being by me dully sworn, did depose
and say that he resides in the Town of 1, amaroneck, Westchester County,
New York; that he is the Chairman of the Board of Trustees of Westchester
Joint Water 'TTorks No .1, the corporation described in and which executed
the foregoing instrument ; that he knows the seal of said corporation;
that the seal affixed to said instrument is such corporate seal; that
it .was so affixed by resolution of the Board of Trustees of said cor-
poration; and that he executed the said instrument pursuant to the re-
solution adopted by the Board of Trustees of the said corporation.
STATE OF NE7 YORK } ss . :
COUNTY OF WE'STCHESTER }
On this day of April, 1948, before me personally came
Alan L. Carnoy, to me known, who, being by me duly sworn, did depose
and say that he resides in the Town of Mamaroneck, Westchester County,
New York; that he is the President of Carnoy Construction Corporation,
the corporation described in and which executed the foregoing instrument;
that he knows the seal of said corporation; that the seal affixed to said
instrument is such corporate seal; that it was so affixed by order of the
Board of Directors of said corporation; and that he signed his name thereto
by like order.
STATE OF NEW YORK ) ss. :
COUNTY OF vTESTC ESTER )
On this day of , 19489 before me personally came
Owen A. 1,andeville, to me known, who, being by me duly sworn, did depose
and say that he resides in the Town of Mgmaroneck, Westchester County,
New York; that he is the Supervisor of the Town of Mamaroneck, the cor-
poration described in and which executed the foregoing instrument ; that
he knows the seal of said corporation; that the seal affixed to said
instrument is such corporate seal; that it was so affixed by resolution
of the Town Board of said corporation; and that he signed his name thereto
by like order .
The meeting adjourned at 11:10 P.M.
i A ?ng 7er _, A. F H_s Fn