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HomeMy WebLinkAbout1948_10_20 Town Board Minutes MI14UTES OF A REGULAR MEETING OF THE TOWN BOARD OF THE TOWN OF IaIAMARONECK, HELD IN THE COUNCIL ROOM OF THE WEAVER STREET FIRE HOUSE, TOWN OF MAMARONECK, NEW YORK, ON OCTOBER 20th, 1948• Supervisor Mandeville called, the meeting to order at 8:15 o 'clock P.M. ( Eastern Standard Time) . There were present: Supervisor handeville Councilmen: Embury, McKeever , Watson & Mills Absent: None Presence was also noted of Town Clerk Gronberg and Town Attorney Delius. The Town Clerk presented an affidavit of publication of the notice of public hearing for the purpose of considering an amendment to the Zoning n Ordinance. Following discussion, the following resolution was, upon motion by Councilman ','datson, seconded by Councilman McKeever , upon roll call, unanimously adopted: RESOLVED, that the Zoning Ordinance of the Town of Mamaroneck, adopted June 21, 1922 and last amended by resolution adopted May 19th, 1948, is hereby amended as follows : (1) ARTICLE II, SECTION 6, subsection 3 is hereby amended to read as follows : 3 . Any non-conforming use of land or structures that have not been used as such for a period of three or more years, shall be deemed to be abandoned and shall not be continued or used for any non-conforming use without the consent of the Board of Appeals. (2) The opening paragraph of ARTICLE II, SECTION 79 as last amended by resolution adopted June 4, 1947, is hereby amended to read as follows : In residence districts AA,A and A-2, a private garage for not more than three automobiles owned and used exclusively by an individual resident of the unincorporated part of the Town of Mamaroneck for his private use shall be permitted in residential districts, if erected at least 75 feet from the front property line, and at least 3 feet from the rear And side property line, unless said garage is made part of the main dwelling or in case of severe topographical condi- Bet in depths the 00 f , tions, or where a lot is less than 1 P distance may be less than 75 feet upon the consent of the Board of Appeals. On corner lots, a garage shall also be set back at least 30 feet from a side street unless, upon the consent of the Board of Appeals, a less set-back restric- tion be permitted. eetin o September 8th, 1948 and September f The minutes of the m � 29th, 1948, were approved as corrected. A letter dated October 14th, 1948, addressed to Mr. Owen A. Mandeville, was received from Mrs. Jane Cornell and Mr. Alfred Willis, thanking the Supervisor for the prompt attention given to the former bad condition of Mohegan Road. The letter was ordered received and placed on file. A letter, dated October 14th, 1948, together with a peti- tion, was received from Mr. Everett E. Elting, requesting the re-zoning of property northeast of Old White Plains Road from the Scarsdale line on the north to the boundary line of Saxon Woods Park on the east and south, to resi- dence district Class AA. Following discussion, upon motion made by Councilman Embury, seconded by Councilman Mills, it was unanimously RESOLVED that the following notice be published in the Dailey Times, pursuant to provisions of the Town Law : PUBLIC NOTICE TAKE NOTICE that the Town Board of the Town of Mamaroneck neck will hold a P ublic hearing, pursuant to Section 264 of the Town Law, in the Council Room of the Weaver Street Fire House at the corner of Weaver Street and Edpwood Avenue in the Town of Mamaroneck, on November 15th, 1946, at 8:15 o 'clock P.M. , to consider amendments to the provisions of the Zoning Ordinance of the Town of Mamaroneck by changes in the map accompantqg and forming part of said Ordinance, which amendments and changes to the map are as follows : To add to and include in the Use, Area and Height District AA, that portion of the Town of Mamaroneck which is now zoned Use, Area and Height District At and which is bounded and described as follows : BEGINNING at a point in the Easterly line of Old White Plains Road where the same is inter- sected by the boundary line between the Town of Scarsdale and the Town of Mamaroneck; and running thence northeasterly along the said boundary line and through lands now or formerly of Isaac Hall, to a point in the Westerly line of lands belonging to the Westchester County Park Commission, known as f' Saxon Moods Park" ; thence in a southeasterly and southerly direction along the westerly line of "Saxon Moods Park1° and the easterly line of lands now or formerly belonging to Isaac Hall and Leonore Rosensohn and continuing southerly and southwesterly along the boundary line between "Saxon Woods Park" and the lands now or formerly belonging to Burge 114. Seymour, to a point in the easterly line of a northerly Plains Road; thence in Y Old White Plaa , direction along the easterly line of Old White Plains Road, to the point or place of beginning. TAKE FURTHER NOTICE that all persons interested will be given an opportunity to be heard at the above stated time and place. Dated, October 20th, 1948 BY ORDER OF THE TOWN BOARD CHARLES J®GONBERG Town Clerk The Town Clerk requested a resolution approving the rate of pay for Election Inspectors and Poll Clerks. On motion by Councilman McKeever, seconded by Councilman Mills, it was, upon roll call, unanimously RESOLVED, that the rate of pay for Election Inspectors shall be as follows : PrimalDayr-®L.ugust 24th® 1948 12:00 nnon to 9 :00 P.M. $9.00 per day Registration - Personal September 27028,29,30 and October 1, 5 P.M. to 10:30 P.M. $5.50 per day October 2, 7 A.M. to 10:30 P.M. 15.00 per day Registration_=_Pdon-personal October 2, 7 A.M. to 10 P.M. 15.00 per day October 9, 1:00 P.M. to 10:00 P.M. 9.00 per day Llection Day November 2ndj 148 6 A.M. to 9 P.M. 15.00 per day FURTHER RESOLVED, that the rate of pay for Poll Clerks shall be as follows : Election Days November 2nd 1948 6 A.M. to 9 P.M. 12.00 per day The following reports were ordered placed on file : Building Inspector:'s Report for the month of September, 1948 Report of Receiver of Taxes and Assessments for September, 1948; Report of Town Clerk for September, 1948 Report of Westchester Shore Humane Society, Inc . for September91948 Attendance report for September, 1948 Statement of Bank Balances as of October 1st, 1948 Summary of Receipts and Disbursements, January 1st to September 30th, 1948; Analysis of Estimated Revenues, January 1st to September 30th,1948 Analysis of Budget Appropriation and Expenditures,January 1st to September 30th, 1948. Councilman Watson stated that he had nothing to report for his department but he expressed himself as well-satisfied with the operation' of_the incinerator plant. Councilman Embury stated that the parking situation at the station is very much improved and that he was very much pleased with the condition of the streets throughout the Town. Supervisor Mandeville recommended the following resolution which was, upon motion of Councilman Embury, seconded by Councilman Mills, unanimously adopted: 7,THEREAS, on the 28th day of August, 1948, at approximately midnight, DONN BERNARD DUFFY, age fifteen years, at great personal risk, and with complete disre- gard for his own safety, rescued John L. Devitt from l ....--_.....-__.... -. 1149 drowning, in the swimming pool at the Bonnie Briar County Club in the Town of Mamaroneck, by diving into the pool and bringing him to the surface, thus making it possible for him to be revived by artificial respiration; and WHEREAS, this Board and the community in which DONN BERNARD DUFFY resides, are desirous of expressing their appreciation and commendation for his generous and unselfish act in effecting this rescue, NOW, THEREFORE, BE IT i RESOLVED, that the Town Board of the Town of Mamaroneck hereby expresses its offi- cial appreciation to DOTdN BERTHA _DUFFY for his valorous conduct on the night of August 28th, 1948, when he effected the rescue from drowning, of John L. Devitt, at the Bonnie Briar Country Club swimming pool. FURTHER RESOLVED, that the Town Clerk is hereby directed to send a copy of this resolution to Donn Bernard Duffy. Supervisor Mandeville requested a resolution to transfer $2,000. from surplus, General Town, to pay for the cost of paving Lafayette Road. Upon motion by Councilman McKeever, seconded by Councilman Mills, it was, upon roll call, unanimously RESOLVED that for the purpose of paying for the paving of Lafayette Road, the sum of $2,000. he transferred from Surplus, General --= Town to the Highway Budget for the year 1948, Item IV Miscellaneous. Supervisor Mandeville reported that the cost of paving Thompson Street was $1,078. He stated that it had been anticipated that the cost would be approximately $2,000. Supervisor Mandeville requested a resolution appointing Mr. John C. Forrar as Dog Enumerator for the year 1949. Upon motion by Councilman. Watson, seconded by Councilman Mills, it was, upon roll call, unanimously RESOLVED, that pursuant to the provisions of Section 108 of the Agriculture and Markets Law, John C. Forrar be and he hereby is appointed Dog Enumerator for the Unincor- porated Area of the Town of Mamaroneck, for the year 1949. Supervisor Mandeville read a letter dated October 19th, 1948, received from the Department of Public Welfare, County of West- chester, showing the break-down of the relief load in the Town of Mamaroneck, as of October 15th, 1948. The Town Clerk was instructed to acknowledge this letter and to inquire as to the cost of this re- - lief load. Supervisor Mandeville reported that he had a request to purchase an old snow plow, for which the Town had no further use . Follow- ing di , scussion and on motion of Councilman Mills, seconded by Councilman Embury, it was unanimously RESOLVED that the following notice be published in the Daily Times : REQUEST FOR BIDS The Town Board of the Town of Mamaroneck has for sale the following equipment: 1 - 9°x28" SWING BLADE SNOW PLOW UNDER CARRIAGE It is being sold on an 11 as is" basis and can be inspected at the Town Yard, Palmer Avenue, Larchmont, N.Y. Bids should be addressed to the Town Clerk, 158 Vilest Boston Post Road, I;Iamaroneck:, N.Y. , and should be accompanied by a check for the amount bid. The envelope should be marked on the outside, "Bid for Plow" . Bids will be received until 5:00 P.M. on November 15, 1948. The Town Board reserves the right to reject any or all bids. CHARLES J. GRONBERG, Town Clerk Town of Idamaroneck, New York Dated November 10, 1948 The Supervisor reported that he had talked with Village Manager Johnson regarding the increase in the salary of Mrs. Kathryn Dolan, Public Health Nurse at the Mamaroneck Health Center, from $1, 200. to $1,300. per year, to be effective as of October 15th, 1948. The Supervisor stated that he would recommend this increase and following dis- cussion, on motion of Councilman Embury, seconded. by Councilman McKeever, it was unanimously RESOLVED that the salary of Kathryn Dolan, Public Health Nurse, P.T. at the Mamaroneck Health Center be and it hereby is increased from $1,200. per annum to $1,300. per annum, effective October 15th, 1948, funds for which are provided in the 1948 Budget. FURTHER RESOLVED that the compensation plan of the Town of Mamaroneck be and it hereby is amended as follows : Minimum Maximum Public Health Nurse,P.T. From $900. $1,200. Public Health Nurse, P.T. To 19000. 1,300. Supervisor Mandeville suggested that the request by.-Mi°:. Alan L. Carnoy for the extension of York Road, be put over until Engineer Foote can furnish the figures on the cost. Councilman McKeever stated that he had nothing to report for his depart- ments but was very much pleased with general conditions throughout the Town. Councilman Mills presented the following reports : FIRE REPORT FOR AUGUSTS 1248 August 2, Box 726, Still alarm, overheated boiler,Engine 30no damage, 7:55 P.M. 8:15 P-M- August 12,Box 1569 Still alarm, gas heater in flooded cellar, no damage ', Engine 3, Muller, 12:45 P.M. 1:02 P.M. August 12, Chief Burton used Engines 1 and 3 pumping cellars in vicinity of Colonial Avenue, pumping time approximately 5 hours . August 19, Box 6659 Engine 2 and 3, Truck 2, Patrol dispatched to Addison Apartments to assist Larchmont. 10:31A.M.- 2:45 P.M. i August 23, Box 432, Still alarm, short circuit Kadel rdsidence,2:15 P.M. 2:45 P.Id. , Engine 3, Mellor, no damage August 27, Box 712, Minor alarm, brush rear of Loyal Inn, 7:25 P.M. 7:40 P.M. , Engine 3, Schmidt, no damage August 28, Box 561, Full alarm, elevator motor, Larchmont Acres Apartments, Engine 2 and 3. Truck 1, Patrol, damage confined to motor. 10:30P.M. 10:55 P.M. Lt. Leon. August 28th, Box 318, Emergency call, Bonnie Briar Pool, Patrol - responded with Moll and Muller. Resuscitator used to revive waiter from submersion. 11:26 P.M. 12:05 A.M. Totals for month 4 still alarms 1 minor alarm 1 full alarm 1 emergency call 1 out of town call No damage by fire Respectfully submitted, Geo.Burton Chief of Department FIRE REPORT FOR SEPTEJOERRL 1948 September 1, Box 512 (111) Emergency call, Mrs . Higbie, patrol re- sponded with Testa and Harrington, used resuscitator. Dr. Weller pronounced Mrs. Higbie dead. 7:00 P.M. 7:20 P.M. September 6, Box 151 Full alarm, tires afire at Myrtle Garage,Engine 2, Truck 2, Patrol, Engine 3, no damage, 2:58 P.M. 3 :05 P.M' September 8, Box 245, Still alarm, children locked in bathroom, Truck 2, Muller 3 :35 P.M. 3 :50 P.M. September 14,Box 142, Full alarm, Chatsworth Gardens Apartments, awnings afire on North Chatsworth Avenue, Engine 2, Truck 1, Patrol, Engine 3, 2:32 P.M. 2:50 P.M. September 14, Box 561, Full alarm, children broke alarm box, causing fire alarm signal, (False alarm) Engine 2, Truck 1, Patrol, Engine 3, 4:55 P.M. 5:15 P.14. September 17, Box 152, Minor alarm, brush fire near Stonecrest Apartments, Engine 3, Guadagnola, 7:20 P.M. 7:45 P.M. September 18, Box 161, Still alarm, covering on water tank afire, Engine 3, Mellor, 3 :25 P.M. 3 :45 P.M. September 18, Box 215, Still alarm, wire burning, Engine 3, Muller, 7:25 P.M. 8 :00 P.M. September 22, Box 161, Full alarm, 72 Byron Place, short circuit causing fire in ceiling of kitchen and wall of bathroom. Engine 2, Truck 2, Patrol, Engine 3, 7:16 P.M. 8:15 P.M. Approximate damage $700. September 24, Box 555, Still alarm, smoke in cellar, Engine 3, Moll, 6 :30 P.M. 6 :45 P.M. September 25, Box 437, Still alarm, brush fire, Prince estate, Engine 3 , Muller, 7:10 P.M. 7:40 P.M. September 25, Still alarm, Box 318, automobile fire, Engine 3, 14011 and Muller, 10:35 P.M. 11:05 P.M. car involved in accident, police record. September 299 Box 262, Still alarm, brush burning near 10 Avon Road, Engine 3, Mellor, 10:00 P.M. 10:20 P.I . Totals for month 7 still alarms 1 minor alarm 4 full alarms 1 emergency call Respectfully submitted, Geo. Burton Chief of Department FIRE INSPECTOR°S REPORT FOR AUGUST, 1943 Larchmont Gables - Rubbish removed from attic, other conditions good. Chatsworth Gardens - Ordered to remove and lubricate all standpipe connections, shut-off valves on standpipes to be checked for ease of operation, other conditions excellent. Larchmont Hills - Same instructions as above regarding standpipes, ordered storage room in cellar cleaned up and issued instructions that no papers, magazines, etc. be left in dumbwaiters, other conditions excellent. Oake Haven - Same instructions as above regarding standpipes ordered papers and boxes removed from laundry, other conditions good. Stonecrest - Above instructions complied with regarding stand- pipes, other conditions excellent. Alden House - All previous recommendations complied with, excellent cooperation from new superintendent,Pdr.Hanke. Smith Apartment - Conditions improved. Application of Patsy Giacomo for installation of 500 gal. gas storage tank received and preliminary in- spection made. Luby Chevrolet - Inspection made, gas storage and paint spraying facilities inspected. Harris Apartments - Inspection made Respectfully submitted, George_Burt®n Inspector FIRE INSPECTOR°_S RFPORT F0R_SEPTEMBER Chatsworth Gardens - Recommendations regarding standpipes complied with. Larchmont Hills - Recommendations regarding standpipes complied with, storage room and dumbwaiters cleaned up. Oaks Haven - Recommendations regarding standpipes complied with. Stonecrest - Conditions excellent Alden House - Recomsendations made to have all refrigeration units checked for ammonia leaks Bose & Parker - Inspection made and recommendations forwarded for correction of hazardous condition of cellar. Other conditions satisfactory. Larchmont Acres - Recommendations made regarding standpipes Installation of gas tank for Patsy Giacomo approved Installation of gas tank for Luby Chevrolet approved Arcade Building - Conditions improved. Contacted Mr. Foote regarding more frequent disposal of boxes, rubbishe etc . Inspection of new hydrant installations made. Respectfully submitted, George Burton Inspector Councilman Councilman Mills presented a list of claims for Fire Department expenditures and stated that he had checked the bills and recom- mended 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 McKeever, it was, upon roll call, unanimously RESOLVED that the following described claims be and they hereby are approved and the Supervisor and Comptroller be and they hereby are authorized to pay the same out of the budget for the Fire Department: A.& A. Automotive Co. $27.42 Chatsworth Oil & Heating Co. , Inc. 64.00 GON . Merrell 23 .28 L. Earl Miller, Inc. 20.07 Mine Safety Appliances Co. 299.88 New York Telephone Co. 40.42 Frank Valle 7.50 Nestchester Lighting Company 32.02 the New Rochelle Water Co . (hydrant rental) $3j2•�_ Total $7b'!•09 Councilman Mills also stated that conditions in the Fire Depart- ment were very good and that Chief Burton was doing a fine job. The Town Attorney submitted a form of agreement between the Towne the Westchester Joint slater works and the Village of Scarsdale, concerning the construction and servicing of water mains, in the northeast portion of the Town, where no service is possible directly from the central plant of the Westchester Joint @dater Works, and which agreement would provide for the sale of water by the Village of Scarsdale to the Westchester Joint Cuter Works, through distributing mains to be constructed by the Town in real estate subdivisions now being laid out. 459 Upon motion duly made by Councilman Mills, and seconded by Councilman Embury, the Supervisor was authorized and directed to sign, on belflalf of the Town, the following agreement: "MEMORANDUM OF AGRF.EIJENT, entered into this 11th day of October, 1948, by and between the rWESTCHESTER JOINT WATER WORKS No.l, a quasi municipal Corporation supplying water in the several communities of the Town of Harrison, the Town of Hamaro- neck and the Village of Mamaroneck, located in Westchester County, New York, party of the first part, hereinafter referred to as the "Joint Water works" , the VILLAGE OF SCARSDALE, a municipal corporation of the County of Westchester, New York, party of the second part, hereinafter referred to as the "Village" and the TOWN OF MAMARONECK, a municipal corporation of the County of Westchester, New York, party of the third part, here- inafter referred to as the "Town", WITNESSETH: WHEREAS, the Joint Water Works and the Town desire a temporary source of water supply for domestic and fire pro- tection purposes in an area of the Town of Mamaroneck, adjacent to the Village of Scarsdale, in close proximity to the mains of the Village, but remote from the existing mains of the Joint Water Works, and WHEREAS, the Village is willing, subject to the rulings of the Water Power and Control Commission, Department of con- servation, State of New York, to furnish water from the 8" line in Griffen Avenue, the 8" main in Grand Park Avenue (Fenimore Road) , and the 10A1 line in Mamaroneck Road (Old White Plains Road), to serve real estate developments to be located entirely in the Town of Mamaroneck, to the extent that water service, either for domestic or fire protection, to the residents of the dis- tricts now supplied by the Village is not adversely affected - thereby. NOW,THEREFORE, for and in consideration of the mutual covenants herein contained, the parties hereto agree as follows : FIRST; The Joint Water works agrees to construct at its expense or in compliance with its established policy of financing water supply improvements for developers of real estate, all mains, pipe extensions, hydrants, laterals and services in the streets and roads of the Town of Mamaroneck, to be temporarily supplied , and to reimburse the Village for its costs in connect- ing the supply mains with the Village mains. SECOND: The Village agrees to sell water, measured through meters furnished by the Joint `hater Works on the premises of individual consumers connected with its water system in the Town of Mamaroneck, and the joint relater Works agrees to read such meters each quarter year and pay the Village promptly for the sum of the consumption registered on all meters at the same rate charged consumers in the Village in the first bracket ($2.05 per thousand cubic feet in the year 1948) of its schedule of consumption charges. The Joint SFtater Works shall furnish the Village each quarter year with a list of the readings on each account, - - indicating the date of the readings, the size and meter identifi- cation number, and the street address and name of consumer, When a meter fails to register properly, the amount of consumption shall be estimated on the basis of use in prior comparable periods. Meters shall generally be located on service lines in conformity with the usual practice employed by the Joint dater 'dvorks, excepting that meters on old service lines formerly used for well water supplies and on service lines ex- ceeding 100 feet in length, shall be located in pits or boxes at or near the front property line of the premises supplied. The Joint Water Works shall diligently keep at a minimum all unmetered water used in building construction, flushing of water mains, and wastage in water mains and service lines. A survey for leaks in mains and service lines shall be undertaken at. ieast once a year, and all leaks found shall be repaired promptly. THIRD . The Joint Rater Works agrees to perform at its expense all operation, maintenance, and repairs of its water system including the maintenance, repairs, renewals, and abandonment of mains, service lines and meters, and shall render such services to its consumers as are customarily required. FOURTH: The Village agrees to permit the Fire De- partment of the Town of Mamaroneck to draw off water from hy- drants connected with the mains of the Joint water storks which are subject to this agreement for fire fighting purposes, and the Town of Mamaroneck, in consideration of the above premises, agrees to pay the Village the sum of Forty ($40.00) Dollars per hydrant per year, and further agrees to relieve the Village of all liability in case of failure of the water supply. The Village and the Town agree to continue in force the provisions of an agreement entered into under date of %"une 10, 1939 as amended under date of March 25, 1941, whereby the Fire Department of the Town of Mamaroneck was granted per- mission to use certain hydrants connected with the Village mains along the northerly side of Griffen Avenue and the northerly side of Cornell Street for file protection purposes on an annual rental basis at a fee of thirty-three dollars and fifty cents (,48.50) per hydrant per year, which the Town hereby agrees to pay, except that said agreement is hereby amended and modified so as to delete therefrom all reference to the following des- cribed fire hydrants as to which said agreement shall no longer affect, the same being whaxbaxsaidxagxxxmKxt hydrants connected with the mains of the Joint Water Works subject to this agreement, which hydrants are described in said agreement. of June 10, 1939 as follows : 114. Hydrant on the easterly side of Mamaroneck Road ( Old white Plains Road) approximately 800 feet south from the division line of the Town of Mamaroneck and the Village of Scarsdale. "5. Hydrant on private property of Terese Prince on the easterly side of 1Samaroreck Road (Old White Plains Road) ." The Joint Water Works agrees that it will not allow the hydrants which are supplied with water by the Village to be used for any other than fire fighting pur- poses . FIFTH: The Village shall not in any way or under any circumstances be held responsible for any loss or damage from any excess or deficiency in the pressure, volume or supply of water, due to any cause whatsoever. It reserves the right to curtail the amount supplies in the event that its supply be- comes limited or its distribution system inadequate. In case of a shortage of water the Village may prohibit the use of water supplied hereunder for any purpose not deemed necessary for the maintenance of public health. The Village will use reasonable care to furnish pure and wholesome water but in ease the water furnished by it is taken from the water system of the city of New York or of any other municipality or of any private water company whose supply is under the inspection of the State Board of health of the State of New York, the Village shall not be liable for damages due to the quality thereof; and the Village does not warrant, and shall not be deemed to warrant, either expressly or by implication, that the water furnished or sold by it is pure or wholesome or safe for drinking and other domestic purposes. SIXTH: This agreement is to become effective upon approval of the taking of water by the Joint water works from the Village by the eater Power and Control Commission of the State of New York and shall remain in force unless and until either party hereto shall notify the other that it elects to terminate such agreement at a date not earlier than six months, after the sending of such notice, on the expiration of which notice such service is so to be terminated. Upon the termination of this agreement, the connections between the water systems shall be severed in such manner and left in such condition as the Village shall specify, the work connected therewith to be at the expense of the Joint water works, unless both parties agree to leave any or all of the connections for emergency service, in which case, the future maintenance of such shall be done under conditions as mutually agreed upon. IN WITNESS WHERLOF, the parties hereto have caused these presents to be signed and their corporate seals to be hereunto affixed the day and year first above written. The Town Attorney reported that in connection with the resolu- tion adopted July 28, 1948, subject to a permissive refer- endum which authorized the sale of a portion of the old sewer district property to Liiriam Grant, that the description used was erroneous and did not correspond with the map prepared by the Town Engineer and, therefore, it would be necessary to cancel this resolution and adopt a new resolution subject to permissive referendum, which must again be published. Upon resolution made by Councilman Embury, seconded by Coun- cilman McKeever, the following resolution was unanimously adopted. WHEREAS, this Board, heretofore and on the 28th day of July, 1948, authorized the publication of a notice of the adoption of a certain resolution authorizing the sale of premises known as Parcel "A" as shown on "Map of a parcel of land on the easterly side of weaver Street in the Town of Mamaroneck, Westchester County, New York" , to Miriam Grant, for the sum of $350. subject to a permissive referendum, pursuant to the provisions of Section 82 and 90 of the Town Law; and WHEREAS, such notice was published pursuant to such authority and posted _ as required by law; and WHEREAS, it now appears that the description of the premises is, in several respects erroneous, and, therefore insufficient to pass good title to the purchaser, Miriam Grant; and 465 WHEREAS, the law requires such posting and publics- tion to be made within 10 days after the adoption of such resolution, NOW, THEREFORE, BE IT RESOLVED that the resolution heretofore adopted by this Board on the 28th day of July, 1948, requiring publication of a notice of the adoption of a resolution authorizing the sale of property to Miriam Grant, subject to permissive refer- endum, is hereby rescinded. FURTHER RESOLVED that the Town Clerk is hereby authorized and directed to post and publish the following notice, within 10 days from the date of this meeting, such publication to be in the official newspaper and such posting to be in 5 public places ; PUBLIC NOTICE PLEASE TAiE NOTICE that the Town Board of the Town of Mamaroneck, at a regular meeting duly held October 20th, 1948, adopted the following resolution: RESOLVED that this Board, upon the receipt of the sum of $350, convey to Miriam Grant, certain property now owned by the Town of Mamaroneck, bounded and described as follows : All that lot, plot or parcel of land in the Town of Mamaroneck, Westchester County, New York, being more particularly bounded and described as follows : BEGINNING at a point in the common boundary line between lands of the Town of Mamaroneck and lands of Miriam Grant, which point is N. 48 30' 47" E. 40.41 feet from a point in the north- easterly line of Weaver Street; thence running the following courses and distances through the lands of the Town of Mamaroneck: N. 45 031 2011 E. 86.70 feet to a corner ; thence continuing through the lands of the Town of Mamaroneck, S. 44 56H 4011 E. 83 .03 feet ; thence in a general northwesterly direction by a curve deflecting to the right with a radius of 57 feet, to a distance along the are of 25.09 feet to a point of reverse curve; thence by a curve deflecting to the left with a radius of 56 feet, a distance along the are of 44.63 feet to a point of compound curve ; thenceeby a curve deflecting to the left with a radius of 103 .50 feet, a distance along the arc of 62.16 feet to the point or place of beginning. SUBJECT TO : (1) Sewer easement or pipes, if any, belonging to the Town of Mamaroneck; (2) Any state of facts an accurate survey or in- spection of the premises will show. I .. Gt FURTHER RESOLVED, that this resolution is subject to a permissive referendum as provided in Section 64, subsection 2 of the Town Lave, and that the Town Clerk is authorized and directed to give notice of the adop- tion of this resolution as provided in Section 90 of the Town Law. FURTHER RESOLVED that, subject to a permissive refer- endum, such conveyance be made by a bargain and sale deed, and that the Town Attorney is hereby authorized to prepare all necessaey papers, including a deed, for the purposes stated in this resolution. Dated October 20th, 1948 BY ORDER OF THE TOWN BOARD CHARLES J. GROTVBERG ~Town Clerk The Town Attorney reported that while Mr. Grassi had so far failed to complete his purchase from the Town of 11amaroneck of property known as Block 612, Parcel 430 on the Tax Assessment Map, for which he bid at the auction held September 2nd, 1947, he had recently promised to close this natter on November 3rd. Mr. Delius was in- structed to proceed with the preparation of the deed and other papers for the closing. i At 9 o 'clock P.M. the Board unanimously resolved to adjourn, to meet again on November 15th, 1948. T C1 i i