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HomeMy WebLinkAbout1946_05_28 Town Board Minutes 143 SPECIAL MEETING OF THE TOWN BOARD, TOWN OF MAMARONECK HELD MAY 28' 1946 In the Council Room of the Weaver Street Fire House, Town of Mamaroneck, New York The meeting was called to order by Supervisor Mandeville at 7:30 P.M. ( Daylight Savings Time) . Present: Supervisor Mandeville Councilmen Stiner, Mills, Watson, Embury Absent : None The presence was also noted of Town Clerk Gronberg, Town Attorney Delius, Comptroller Orsino and Accountant Finson. The Supervisor introduced Mr. James S. Bixby, District Engineer of the State of New York, to the members of the Town Board and a group of interested citizens representing the local municipalities and various organizations throughout the Town. Mr . Bixby appeared at the Supervisor' s request to explain the proposed plans of the State of New York in connection with the New England Thruway. Mr. Bixby explained that he did not come here to make any statements, but to answer a few questions regarding the proposed route of the New England Thruway and its effect upon this community. He had with him the maps of the proposed route in the Town. In answer to several inquiries, Mr. Bixby stated that the present plans are only tentative and that the State had not completed its surveys with respect to the Larchmont Station. One idea was to tunnel under the Station, but Mr. Bixby informed those present that the high cost might prohibit this. Many residents of Harmon Drive queried Mr. Bixby as to the effect of the proposed route in that particular vicinity. He explained that the present plan is now under consideration because it provides the straightest alignment with the least damage to private property. He added that there must be a minimum radius of sixteen hundred feet at all places. As to the noise and odors, Mr. Bixby explained that there will be. a minimum of sound from the trucks since there will only be a slight grade of three per cent in places thereby eliminating the necessity of shifting gears. He said he did not think the noise and odors would be as bad as people anticipated. Mr. Bixby stated that according to present plans access or egress in the Town would be at .Qaxwell Street. Mr. Bixby again pointed out, that the present plans are only tentative and said that he would be glad to return at a future date to discuss the progress made. The Supervisor and the members of the Board thanked Mr .Bixby for attending the meeting and suggested that the meeting proceed with the regular order of business. The minutes of May 1, 1946, were approved as presented. A letter dated May 18, 1946, was received from Hon. B.J. Santoro, Chairman of the Flag Day Committee of the Mamaroneck Lodge, No. 1457, B.P.O. Elks, inviting the members of the Town Board to its annual Flag Day Services on Friday, June 14th, 19462 at 6:30 P.M. The members of the Board made note of the date. I The following reports for the month of April, 1946, were ordered placed on file: Report of the Department of Public Welfare; Report of the Building Inspector; Report of the Plumbing Inspector; Report of the Town Clerk; Report of the Receiver of Taxes and Assess- ments. Councilman Watson presented the following petition received from the Assessor for the correction of the assessment roll so as to permit the apportionment of taxes. On motion by Councilman Watson seconded by Councilman Embury, the following was, upon roll call, unanimously adopted: WHEREAS, the Assessor has presented a petition for the correction of the assessment roll for a certain year, pursuant to the provisions of Section 33 of Chapter 105 of the Laws of 1916, as amended, known as the Westchester County Tax Act; and WHEREAS, after due consideration this Board finds it desirable to grant said petition for the correction of said assessment roll, NOW, THEREFORE, BE IT RESOLVED, that the assessment roll for the year 1945, - taxes of 1946, which shows property now appearing on the roll as follows: Section Block Lot Owner Land Only 4 40B & 41B C . Belle Salmon $"7,000 (412-1) be corrected as follows, in accordance with the pro- visions of subdivision 5 of Section 33: Section Block Lot Owner Lard Only 4 41B F Raymond Papernow $ 750 (412-648) 4 41B & 40B (412-648) C. Belle Salmon $6,250 On the subject of Recreation, Councilman Watson referred to the resolution adopted at the previous meeting and stated that he would like to recommend Mr. Arthur Hamilton of 138 Murray Avenue and Mr. - G. Austin ffharry of 87 Echo Lane, Town. These names met the unanimous approval of the members of the Board. -- The Town Clerk was requested to inform Mr. Hamilton and Mr. Wharry of their appointment. Councilman Embury presented the Welfare Report for the month I i 147 of May, 1946, which showed as follows: Year Cases Individuals Amount 1945 , 20 39 1,073.02 1946 18 35 710.52 The Supervisor stated that he had at hand a registered letter dated May 13, 1946, received from Iir. George W.L. LaBranche,Jr. , President of Post Road Securities Corporation, advising that his Cor- poration is desirous of liquidating, as soon as it is financially able, the total amount of taxes due upon its properties known as Block 6142 Parcel 567; Block 614, Parcel 586; Block 614, Parcel 17; Block 6140 Parcel 220; Block 614 Parcel 240. A check for $5,080.88 was attached in payment of the 1939, 1940 and 1941 taxes' together with interest and penalties, in return for which the Corporation requested that the Town ! agrees that no action be taken against this property until June 1, 1947, at which time payment of at least the 1942 and 1943 taxes will be made. Also that the Town withhold any foreclosure action until the end of that calendar year, at which time they intend to pay the remaining taxes. Following discussion, the members of the Board agreed to grant the extensions requested in said letter. The Supervisor stated that a request was received from Mr. Benno Elkan, 75 prospect Avenue, Larchmont, N.Y. for an amendment to the Zoning Ordinance, reclassifying property on the south side of Palmer Avenue between Burton Road and Weaver Street, from A Residential to B Multiple family, or apartment house. The Town Attorney pointed out that a public hearing upon ten days' notice would be required. Oh motion by Councilman Stiner, se- conded by Councilman Embury, it was upon roll call, unanimously — RESOLVED, that the following notice be published, in accordance with the lava, in the Daily Times, the official newspaper of the Town: PUBLIC NOTICE TAKE NOTICE that the Town Board of the Town of Mamaroneck will hold a public hearing, pursuant to Section 264 of the Town Law, in the Council Room at the Weaver Street Fire House, on the 3rd of July, 1946, at 8:15 o' clock P.M., to consider an amendment to the Zoning Ordinance of the Town of Mamaroneck and to the map accompanying and forming part of the Zoning Ordinance, so as to show all property, description and diagram of which follows, as being within a "B" Use Area or height Dis- trict instead of an "A" Use Area or Height District, which is its present classification. DESCRIPTION BEGINNING at a point in the southerly line of Palmer Avenue, where the same is intersected by the westerly line of Burton Road, and running thence southeasterly along said westerly line of Burton Road by the lands of Kraft, Austin, Frey and Campbell to the end of Burton Road, and to the lands of Bingham: thence northeasterly across the end of Burton Road to the lands of Larchmont Apartments, Inc. : thence south- easterly along the boundary line between Bingham and Larchmont Apartments, Inc., to a point on said line which is 100 feet westerly from the westerly I line of the Boston Post Road, which point is on the boundary line of "C" District Business; thence southwesterly on a line paralled with and 100 feet westerly from the westerly line of the Boston Post Road (which line is the boundary line of "C" Dis- trict Business) through properties of Helen Gordon and David Potts, Jr. ,Post 1156, Veterans of For- eign Mars to a point in the boundary line between lands of Veterans of Foreign Wars and lands of John and Henry Dietz; thence westerly along said line between Dietz and Veterans of Foreign Wars to lands of the Town of Mamaroneck; thence northerly, westerly, southwesterly, northeasterly, and north- westerly along the lands of the Town of Mamaroneck to lands of Whitestone; thence southerly and westerly along the boundary line between lands of Whitstone and lands of the Town of Mamaroneck, to the southerly line of Palmer Avenue, thence northeasterly along the southerly line of Palmer Avenue to the westerly line. of Burton Road the point or place of beginning. ( INSERT DIAGRAM HERE) TAKE FURTHER NOTICE that all persons interested will have an opportunity to be heard at the above stated time and place. Dated, June 21, 1946 BY ORDER OF THE TOWN BOARD Charles J. Gronberg Town Clerk The Supervisor stated that it was the usual procedure at this time to appoint the Board of Review. He recornended that the present members, Councilman Stiner, Mr. Percy M. Bibas and Mr. Eugene Riviere be reappointed. On motion by Councilman Watson, seconded by Councilman Mills,, it was, upon roll call, unanimously RESOLVED, that in pursuance of Section 7a of the Westchester County Tax Act, a Board of Review is hereby appointed to consist of three members, all being resident taxpayers of the Town, who shall serve at the pleasure of the Town Board as follows: Munroe Stiner, who is to serve as such member in addition to his duties as Councilman of the Town of Mamaroneck; Percy M. Bibas, and Eugene Riviere. FURTHER RESOLVED, that the compensation of Percy M. Bibas and Eugene Riviere is hereby fixed at the sum of $250. each and that Councilman Stiner serve as a member of the Board of Review without com- pensation as a member of such Board. A vote on the foregoing was as follows: AYES: Supervisor Mandeville Councilmen Mills, Watson, Embury -- NOES: None NOT VOTING: Councilman Stiner 151 The Supervisor stated that he had at hand a letter from Mr. C. DeWitt Rogers, Jr. , tendering his resignation as a member of the Zoning Board of Appeals, effective May 23, 1946. on motion by Councilman Embury, seconded by Councilman Stiner, it was unanimously resolved that the resignation of Mr. DeWitt Rogers, Jr. be received with regret and that the Town Clerk be instructed to send a letter to Mr. Rogers expressing in the Town Board' s behalf the appreciation of the entire Town of the valuable services rendered by him during his tenure as a member of the Zoning Board of Appeals. The Supervisor stated that the resignation of Mr. Rogers, Jr., created two vacancies on the Board of Appeals for Zoning and it was his recommendation that Mr. Munn Brewer and Mr. George Burchell be appointed to fill these vacancies. Following discussion it was on motion by Councilman Watson, seconded by Councilman Embury, upon roll call unanimously RESOLVED, that Mum Brewer be and he hereby is ap- pointed a member of the Board of Appeals for Zoning to serve the unexpired term of C .Dellitt Rogers,Jr., ending February 19, 1950 . FURTHER RESOLVED, that George Burchell be and he hereby is appointed a member of the Board of Appeals for Zoning for a term of office of five years, ex- piring February 19, 1951, The Supervisor suggested that examination of Glick-Freedman' s annual report for the year ending December 31, 1945 be postponed until the next meeting. The members of the Board agreed to this suggestion. Regarding the Summer schedule for the Town Offices, the Super- -- visor reported that the banks throughout the township would be closed on Saturdays during June, July, August and September. He recommended that the Town Offices be closed accordingly. Following discussion, it was on motion by Councilman Stiner, seconded by Councilman Mills, unanimously RESOLVED, that the Town Offices be closed on Saturdays, during the months of June, July and August. The Supervisor presented a statement of the receipts and dis- bursements on Block 619, Parcel 33 and Block 819, Parcel 23, which pro- perty was foreclosed by the village and sold to Llazoni Lodge and Charles Lanza, respectively. He stated that the apportionable share of the net receipts due the Town amounts to $1,034.18 and that this amount does not include the Mamaroneck Valley Sewer and School taxes on this property from the date of acquisition by the Village to the date of sale, which will be received in addition. On motion by Councilman Embury, seconded by Councilman Watson, it was, upon roll call unanimously RESOLVED, that the Receiver of Taxes is hereby authorized to accept the sum of $1,160.86 in full payment of all taxes and tax liens open on the Town of Mamaroneck tag - records,as of this date , on property known as Block 819, Parcel 33; Block 819, Parcel 23. 153 The Supervisor informed the members of the Board that for the first time since 1935, the Town would not have to borrow tax lien certi- ficates of indebtedness . He pointed out that last year the borrowing amounted to $104,000 on uncollected liens, but this year sufficient surplus has been accumulated through the sale of real estate and the collection of tax arrears to cover this year' s uncollected taxes. Councilman Stiner stated that he had nothing to report for his departments. Councilman Mills reported that Fire Chief Burton has advised that the War Department has allocated a 1943 Dodge LaFrance Unit with a 500 G.P.H. M idship Mounted Pump, to the Fire Department. He said the cost of same would be in the neighborhood of $1,800 . Following discussion, it was on motion by Councilman Mills, seconded by Councilman Stiner, upon roll call, unanimously RESOLVED that the Supervisor be authorized to purchase from War Assets Administration a 1943 Dodge Truck powered pumper, Class 500, with a 500 G.P.M. Pidship Mounted Pump No. 9655, Serial No. 81315808, J.S. Reg. No. 503022, out of funds! available in an amount not to exceed $1,800.00, FURTHER RESOLVED, that the resolution adopted by this Board on February 6, 1946, authorizing the purchase of a new pump for the Mack Patrol Wagon at a cost not to exceed $850.003 be rescinded. Concilman Mills presented a list of claims from the Fire Department, totalling $2,151.38. He stated that he had checked the bills and recommended their approval. The members of the Board sitting as the Board of Fire Com- missioners considered the claims, and on motion by Councilman Mills, seconded by Councilman Embury, it was, upon roll call , unanimously RESOLVED, that the following described claims be and they hereby are approved and the Supervisor and Comp- troller be and they hereby are authorized to pay same out of the budget for the Fire Department: Max Goldman, Inc. 28.20 Westchester Lighting Co. 26.45 Henigsonls Lumber Co. 25.86 New York Telephone Company 24.03 G.W. Merrell 30.65 Merson Clothes, Inc. 318. 00 Free Parking Service Station 61.99 Hillside Service Station 2.90 A & A Automotive Co. 1.05 Globe Motorists Supply Co. , Inc. 17 .69 A. Sockolof, Sr. 13.00 John Del Angelo 250.00 Solventol Chemical Products,Inc. 12.00 Chatsworth Oil & Heating Co., Inc. 60.32 872.14 Westchester Joint Water Works No.l Hydrant Rentals 730.00 ." Grand Total ,1602.14 J State Insurance Fundy 459.00 Westchester Lighting Co. 2.00 French Cleaners 12.00 Richard Thorburn 24.00 Crossroads Auto Parts 21.46 Sidney Vogel 5.50 Globe Motorists Supply Co.Inc. 25.28 $549.24 Grand Total The Town Attorney presented the proposed agreement between the Town of Mamaroneck and the Village of Larchmont, in reference to the properties acquired by the Village in the In Rem foreclosure proceedings. on motion by Councilman Watson., seconded by Councilman Embury, it was unanimously RESOLVED, ,that the Supervisor is authorized to sign the agreement with the Village of Larchmont in regard to cancellation of taxes on properties to be acquired by the Village in In Rem foreclosure proceedings, pro- viding for resale of the same by the Village and the apportionment and distribution of the proceeds of the sale between the Town and Village in the following form: WHEREAS, the Village of Larchmont heretofore on January 7, 1946 adopted a resolution, pursuant to Section 162 of the Tax Law, electing to proceed hereafter to foreclose tax liens, pursuant to Title 3 of Article Vll-A of the Tax Law; and WHEREAS in pursuance of such resolution and the provisions of Section 165 (a) and (b) of the Tax Law, the Treasurer of the Village of Larchmont on February 13, 1946, has filed with the Clerk of Westchester County a list of parcels of property, all affected by unpaid taxes and tax liens held and owned by said Village, which on said date had been unpaid for a period of at least four years after the date when the tax assessment or other local charge represented thereby, became a lien and has caused notice to be given by pub- lication, posting and mailing as provided in said sections; and WHEREAS, the time for redemption of said tax liens i fixed in said notice, to wit: April 5th, 1946, has now expired and there remain still unpaid, certain taxes and tax liens which are shown upon a list here- to attached and made a part hereof and marked EXHIBIT A; and WHEREAS, certain of these parcels of property, so shown upon said list marked EXHIBIT A, are subject to collection of arrears of taxes and/or tax liens due the Town of Mamaroneck, where such parcels of property are situated in both the Town of Mamaroneck and the Village of Larchmont, more particularly those in Sections 6 and 7 on the Town Assessment Map and the Village Assessment Map; and 157 WHEREAS, the list marked EXHIBIT A, contains the designation of such parcels by section, block and parcel number on the Village Assessment Map; and WHEREAS,both the Town of Mamaroneck and the Vil- lage of Larchmont have indicated their willingness to agree , pursuant to Section 166-a of the Tax Law, that all parcels of property which are indicated upon the list hereto attached and marked EXHIBIT A upon which they respectively own tax liens shall bd sold free and clear of all taxes and when re-sold, that the avails therof be divided between the Town of Mamaroneck and the Village of Larchmont, instead of proceeding under subdivision 3 of Section 165-h of the Tax Law. NOW, THEREFORE, THIS AGREEMENT wITNESSETH: (1) That the final judgment to be entered, pur- suant to Section 165-h of the Tax. Law, in the matter of the foreclosure of tax liens pursuant to Article V111-A2 Title 3 of the Tax Law, by the Village of Larchmont, now pending, shall provide that the con- veyance directed to be made by the Village-Treasurer to the Village of Larchmont, shall also provide that such conveyance small be made subject to this agree- ment between the Town of Mamaroneck and the Village of Larchmont; (2) That the-Town, upon the delivery of such conveyance, shall cancel all tax liens of taxes which have become a lien prior to the date of such convey- ance and note upon its records that such cancellation is made pursuant to this agreement between the Town of Mamaroneck and the Village of Larchmont, and will not thereafter include any such liens in any Tax Lien Sale; (3) That the Village of Larchmont will offer for sale, all the parcels of property conveyed to it and refer any offers received for the purchase of any such parcels, to the Town Board of the Town of Mamaroneck , for approval as to the rice and terns of sale before actually selling any of such parcels of property; (4) That upon the sale by the Village of Larchmont of any such parcels with the approval of the Town Board of the Town of Mamaroneck, the proceeds or avails thereof, less brokers' commissions, if any, shall be distributed between the Town of Mamaroneck and the Village of Larch- mont as follows: (a) Bypaying to the Village of Larchmont the proportionate cost of the aforesaid-In Rem Fore- closure proceeding which shall. not exceed the sum of '$10.00 for each parcel foreclosed and sold; (b) By paying or allowing all taxes levied and which have accrued or become liens subsequent to the date of such conveyance to the Village of Larchmont; , (c) By paying to the Town of Mamaroneck such part or portion of the net proceeds as is repre- sented by a fraction, the denominator of which is the total of all taxes at the face amount thereof and without penalty or interest, owed both the Town of Mamaroneck and the Village of Larchmont as of the date of such conveyance and the numerator of which is the amount of such taxes at the face amount theieof and without.-penalty or interest, owed to the Town of Mamaroneck as of the date of such conveyance; (5) IT IS FURTHER UNDERSTOOD AND AGREED that should the Village of Larchmont receive any rent or other com- pensation for the use and occupation of any such parcels of property, then the amount so received, shall be included in the proceeds of sale after first deduct- ing, however, the usual and necessary expenses in con- nection with the management or renting and maintenance of the property from which such rent or other compensation is received. ( 6) IT IS FURTHER UNDERSTOOD AND AGREED that should the Village of Larchmont, after acquiring any such parcels of property, use or occupy them for a public or municipal purpose under circumstances where, if such property were privately owned such Village would be required to com- pensate the owner as provided by law, the Town of Mamaro- neck shall be entitled to receive from the Village:; its share of the fair market value of such property which fair market value shall, for the purpose of this agree- ment, be deemed the price at which the Village of Larch- mont acquired the property, and the share of the Town shall be computed in accordance with the provisions of subdivision (4) of this agreement, using such fair market value as the sale price . IN WITNESS WHEREOF, the parties have hereunto set their hands and caused their seals to be hereunto affixed, this 20th day of May, 1946. TOWN OF MAMARONECK By Owen A. Mandeville , as Supervisor ATTEST Charles J. Gronberg, as Town Clerk VILLAGE OF LARCHMONT By E. Spencer Greason, as Mayor The Town Attorney reporting on the deed of the Old Town Hall Building to the Village of Mamaroneck, sug ested that a resolution be adopted by the Board that upon receipt of $100. this building be con- veyed to the Village of Mamaroneck. He added that this was subject to a permissive referendum and the resolution would have to be published and would then automatically become effective thirty days after date of publication. 161 RESOLVED, that the following notice be published in the Daily Times, the official newspaper of the Town: PUBLIC NOTICE PLEASE TAKE NOTICE, that the Town Board of the -- Town of Mamaroneck at a regular meeting duly held May 280 1946, adopted the following resolution: RESOLVED that this Board, upon receipt of the sum of $100. , convey to the Village of Mamaro- neck, the property known as the Old Town Hall, on Prospect Avenue in the Village of Mamaro- neck, and known and described on the Tax Assessment Map of the Town of Mamaroneck, as Block 907, Parcel 276. FURTHER RESOLVED, that this resolution is sub- ject to a permissive referendum as provided in Section 4, subsection 2, of the Town Law and that the Town Clerk is authorized and directed to give notice of the adoption of the resolution as provided in Section 90 of the Town Law. FURTHER RESOLVED, that subject to a permissive referendum such conveyance be made by quitclaim deed and that the Town Attorney be authorized to prepare such a deed and the Supervisor to execute and deliver the same. TAKE FURTHER NOTICE that the adoption of said re- solution is subject to a referendum upon a petition being filed with the Town Clerk as provided in Section 91 of the Town Law. Dated, June 1, 1946 BY ORDER OF TIM TOWN BOARD Charles J. Gronberg Town Clerk In discussing the Branagan foreclosure, the Town Attorney reported that it might be possible to obtain a deed in payment of the sum of $100.00. On motion by Councilman Watson, seconded by Councilman Mills it was, upon roll call, unanimously RESOLVED, that the Town Attorney be authorized to obtain from Franklyn P. Branagan a deed for the sum of $100.00 for the property known as Block 410, par- cel 1. The Town Attorney reported the following in connection with the certiorari proceedings pending on Ralod Realty Corp. (Orienta Apart- ments) . He stated that in spite of the fact that Mr. Albert W. Lockyer had previously appraised this property for a total of $385,0000 con- ferences and discussions had resulted in his writing a letter which in substance stated that the best value which Town could hope to rAaintain for the year 1943 would be $365,000 and for the two succeeding years 1944 and 1945, $375,000. The Town Attorney read the letter in detail which contained facts and figures as to income and expenses and which in particular commented upon the fact that the building is a very expensive one to I 163 operate and this expense is not particularly reflected in the rentals and that these rentals are frozen under 0PA regulations. The Town Attorney stated that the best offer of settlement which he could obtain was 03650000 for all three ,ears and it was his feeling that for the later years, 1944 and 1945, the value should be greater. After some discussion, the Town Attorney was instructed to proceed with the preparations for trial and to retain fir. O.C . LTIerritt as expert for the Town. The Town Clerk presented the following, which was on motion by Councilman Stiner, seconded by Councilman Embury, upon roll call unanimously RESOLVED, that in accordance with the provisions of Chapter 465 of the Laws of 1935s which amends sub- divisions 1 of Section 102 of the Town Law, the Town Board of the Town of Mamaroneck hereby determines to allow and pay the following employee in an amount not to exceed six cents ( .06) per mile for the use of his own automobile for each mile actually and necessarily tr a ve led by him in the performance o£ l I the duties of his several positions: Thomas J. McKeever. The following reports were received and ordered placed on file: Summary of Receipts and Disbursements, January 1 to April 30, 1946; Analysis of Budget Appropriations and Expenditures; Analysis of Estimated Revenues; Statement of Bank Balances as of May 28s 1946; List of Claims Audited and Paid by the Comptroller from May 1 to May 28, 1946. At 10:00 P.M. the Board unanimously resolved to adjourn. Town Clerk