HomeMy WebLinkAbout1944_11_15 Town Board Minutes 6
REGULAR MEETING OF THE TOWN BOARD , TOWN OF MAMARONECK,
NEW YORK, HELD NOVEMBER 15, 1945
In the Council Room of the Weaver Street Firehouse , Town of
Mamaroneck, New York.
The meeting was called to order by Acting Supervisor Stiner
at 8: 15 P.M. (Eastern War Time) .
Present : Acting Supervisor Stiner
Councilmen Griffin, Embury, Keeler
Absent: Supervisor Mandeville
The presence was also noted of Town Clerk Payne , Attorney
Delius , Assessor Smith, Comptroller Orsino, and Accountant Finson.
The minutes of November 1, 1944, were approved as presented.
Acting Supervisor Stiner referred to the notice of Public
Hearing on the application of County Transportation Company , Inc . ,
for consent to extend their bus line.
The Town Clerk presented the affidavit of publication of
the Notice which appeared in The Daily Times on November 4, 1944.
Acting Supervisor Stiner asked if there was any one present
who wished to be heard for or against the application. There being
no one , he declared the hearing closed.
On motion by Councilman Griffin, seconded by Councilman
Embury , it was , upon roll call , unanimously
RESOLVED , that the resolution heretofore adopted
by this Board on January 29th , 1936 , granting the
consent of this Board. to County Transportation Co. ,
Inc. , for the operation of motor buses over certain
streets in the Town of Mamaroneck, be amended so as
to include as an alternative route for the Larchmont
Manor-Mamaroneck line (No. 2) the following route :
LARCHMONT MANOR-MAMARONECK LINE (Alternative Route:
From the southerly boundary line between the Town of
Mamaroneck and the Village of Larchmont on Chatsworth
Street; thence on Forest Avenue to Sheldrake Avenue ,
on Sheldrake Avenue to Rockland Avenue , on Rockland
Avenue to Avon Road , on Avon Road to Fenimore Road
and on Fenimore Road to the boundary line between
the Town of Mamaroneck and the Village of Mamaroneck;
returning via the same route.
The same being part of a through route between
the Village of Larchmont and the Village of Mamaroneck
via the Town of Mamaroneck.
FURTHER RESOLVED , that the consent hereby granted for
such alternative route is in accordance with the terms ,
conditions and limitations contained in the resolution
heretofore adopted by this Board on January 29th , 1936
and that the operation of buses over said route shall
be in all respects in accordance with the rules and
regulations for the operation of buses over the original
route for the Larchmont Manor-Mamaroneck Line (No. 2)
as set forth in said resolution heretofore adopted..
The Town Clerk was requested to read the communications.
The following letter was read:
THE UNIVERSITY OF THE STATE OF NEW YORK
TAE STATE EDUCATION DEPARTMENT
ALBANY 1
November 9, 1944
Hon. John L. Delius
Town Attorney , Town of h5amaroneck
100 Mamaroneck Avenue
Mamaroneck, New York
Dear Sir:
I have your letter of November 4.
A school director is not a town officer but a
school officer and consequently the provisions of the
Town Law are not applicable . This has man; potenti-
alities. For instance , the Town Law has certain quali-
fications for holding office. They do not however ,
apply to a school director. The procedure for the se-
lection of a school director has been as set forth in
the Education Lava. Section 382 , subdivision 2 of the
Education Law specifically states that the town board
shall fill any vacancy for the remainder of the unex-
rired term. This is the practice which has always been
followed.
Very truly yours ,
( signed) Charles A. Brird , Jr.
The members of the Board expressed appreciation for the
opinion and as there was no name before the Board for the appointment ,
it was decided to lay the matter over until the next meeting for con-
sideration.
A letter dated. November 9, 1944 was received from Police Chief
Paul A. Yerick in which he advised that temporary Patrolman Fred L.
Bernabei of the Town Police Department had resigned from the Department
as of November 1 , 1944.
On motion duly made and seconded the resignation was accepted.
A letter dated November 8, 1944, was received from Mr. A.F.
Beringer of #900 Fenimore Road , in which he requested that the street
lights again be turned on along Fenimore Road between his residence
and the Village of Mamaroneck line . He explained that members of his
family are frequently required to traverse this area on foot , and he
asked in any case that every second light be put into commission.
The letter had been referred to Town Engineer Foote a few
days before this meeting , and Mr. Foote attached a report in which he
explained the need for lighting. Also that the cost per year for each
light used is $22. 50.
Acting Supervisor Stiner informed the Board that there was
another letter concerning street lighting and requested the Town Clerk
to read same.
The letter was from Mrs. Charles A. Roy , #51 Edgewood Avenue ,
Larchmont , N.Y. , which letter had also been referred to Town Engineer
Foote.
At the bottom of the letter , Mr. Foote made a notation that
he had examined the dead end of Edgewood Avenue where Mrs. Roy' s re-
sidence is situated and had found that it is 200 feet away from the
nearest street light , and that there is a pole in front of her house
which would be suitable for the installation of a street light. He
recommended that the light be installed.
Councilman Keeler inquired hoer this would affect the 1945
tentative budget if these lights were rut into commission.
Acting Supervisor Stiner asked Accountant Finson if any al-
lowance was made for such a question when the figure was decided upon
for street lighting in the proposed budget.
Accountant Finson replied that he believed that the Supervisor
had considered the possibility of requests to again turn on certain
street lights which had been eliminated. during the blackout period.
Following some discussion the Town Clerk was requested to
advise both Mr. Beringer and Mrs. Pay that their problems were re-
ceiving the attention of the Board and that after a study a final
decision would be made at the next regular meeting of the Board.
A letter dated November 1 , 1944, was received from Edward.
F.N. Uthe , Executive Secretary of the Association of Towns of the
State of New York in which he gave a resume of the activities of the
Association during the past year. Also enclosed was a voucher for
the annual dues for the coming year.
Councilman Keeler explained the benefits of belonging to
the Association of Towns and recommended that the membership be con-
tinued. The approval of the voucher for the payment of the dues in
the sum of $99.00 was laid over until the 1945 budget is finally adopted
after the public hearing.
Copies of the following statement from Receiver of Taxes
Dillon were handed to the members of the Board:
OPEN 1944 TAXES AS OF NOVEMBER 1, 1944
Unincorporated $42 ,701.27
Village of Larchmont 9 ,509. 10
Village of Mamaroneck 43,112.09
Total
12 6
829 ,706. 80
31 , 505.11
42,931.80
104,143,.21
PERCENTAGE PAID 93 . 0 88.
572 ,408. 17
41 ,014.21
2,048. 89
189,421.27
State
County
Section
Town
School #1 ---School #2 water Special Assessments
1
$15,235. 58
$13 ,240.63 X1 ,489.07 $26.45 $4,184.92
2
6 ,946. 51
6, 584.17
3
10 ,496.96
3 ,485.60
4
7,950.41
4,903.97
5
2 ,071.91
1 ,492.43
6
4 ,682.04
17 ,023.98
7
49827.06
14,461.13
8
11 ,248.08
1398f?5.40
9
21,869.01
29,046.40
575,72777
104,143.71
Town School Total
Unincorporated $42 ,701.27
Village of Larchmont 9 ,509. 10
Village of Mamaroneck 43,112x09
Total
12 6
829 ,706. 80
31 , 505.11
42,931. 80
104,143,.21
PERCENTAGE PAID 93 . 0 88.
572 ,408. 17
41 ,014.21
2,048. 89
189,421.27
The following letter was received from the Village of
Mamaroneck:
November 14, 1944
Supervisor Owen A. Mandeville
Town of Mamaroneck
Boston Post Road
Mamaroneck, N.Y.
Re :-Sec.-9.Block 89C,.-Lot-20A
Dear Supervisor Mandeville:
At the regular Board meeting held last evening,
your letter of November 3d was presented. , with certi-
fied copy of the Town' s resolution covering the sale
of the above mentioned property to Mr. Jules M. Gorlitz ,
which lot adjoins his property on Delancey Cove Road.
The offer was in the amount of $600.00
After a great deal of consideration and debate ,
our Board accepted this offer and requested me to ad-
vise you that in future on all offers of vacant property
the Board will not consider any offer that is less than
30% of the average assessment of the Town and Village.
To further explain this , I might advise that this
sale just made to Mr. Gorlitz amounts to only 15 of the
average combined assessment , but the Board felt that inas-
much as they had sold Mr. Casanave a lot in an amount which
also represented 15%, they could not discriminate in this
case , and they authorized this sale with the understanding
that you be informed that in future all offers must be at
least 30% of the average combined assessment.
For your guidance I attach copy of resolution re-
cently passed by the Town of Rye covering lots owned by
the Town lying in the Village. I believe that if your
Board will Flso agree to this procedure , it will riake
it a whole lot easier for both boards to receive and act
on offers submitted , and will also provide a uniform pro-
cedure for the Village to follow for the sale of property
in the two Towns.
I will appreciate hearing from you.
Very truly yours ,
(signed) Wm. H. Johnson
WHJ:LFR Village Manager
Encl.
The members of the Board discussed at length the plan sug-
gested by the Village of Mamaroneck, and it was decided that the Town
Board wished to be in a position to consider all offers submitted.
Councilman Griffin pointed out that there was very little
Town-owned properties within the Village limits and that it was the
custom to let the Village first approve by resolution the sale of pro-
perties held jointly.
The following letter was received from the Village of
Mamaroneck:
273
November 14, 1944
Town of Mamaroneck
Boston Post Road
Pllamaroneck, N.Y.
RE: Sec. 8, Bl. 101 , Lots 67B
68B, 69 to 73B., incl.
Gentlemen:
I am attaching copy of bid received for the above
mentioned property on Fenimore Road , sketch of which is
also attached.
I presented this bid to our Iayor and Board of
Trustees at last night ' s regular meeting and after due
consideration the Board felt that it was a very good bid
for this property and passed a resolution accepting same.
Certified copy of this resolution is attached for your
record.
I might call your attention to the fact that the
Village advertised this property in July , 1943 and we
received ohly one bid in the amount of $300.00 at the
time , which was rejected. This fbid was made by the ad-
joining property owner. I contacted him yesterday and
he states that he is no longer interested in this pro-
perty.
It is my understanding that the prospective pur-
chaser intends to improve the parcel with a. two-story
building of fireproof construction which will benefit
our industrial section by providing a new small industry ,
and at the same time will add considerably to our assess-
ment roll.
If this offer is accepted by the Town, I would ap-
preciate receiving cope of resolution covering same .
Very truly yours ,
(signed) Wm. H. Johnson
WHJ:LFR Village Manager
Encls .
During discussion which followed, Councilman Embury pointed
out that the price approved by the Village for this land was approxi-
mately 26% of the assessed valuation.
All of the members of the Board in completing the discussion
decided that the offer was a good one and it was on motion by Council-
man Griffin, seconded by Councilman Embury , upon roll call, unanimously
resolved:
WHEREAS , the Village of Illamaroneck has heretofore
acquired by deed in lieu of foreclosure , property
known as Section 8 , Block 101 , Lots 67B , 68B, 69
to 73B inclusive , on the tax assessment map of the
Village of Mamaroneck; and
WHEREAS , the Town of Yamaroneck owns certain tax liens
upon the same property which is known upon the tax
assessment map of the Town of Mamaroneck as Block 825,
Parcel 319 , representing arrears of taxes due it which
were heretofore levied against said property: and
■
WHEREAS , the Village of Mamaroneck, by resolution duly
adopted November 13 , 1944, accepted an offer through
Barney Epstein, Inc . on behalf of Mr. Viggo Renbeck,
for the purchase of the property in the amount of
51 , 500 , which acceptance , however , is conditioned
upon similar action being taken by the Town Board of
the Town of Mamaroneck; and
WHEREAS , this Board considers it to the best interest
of the Town of Mamaroneck to approve such offer and to
` authorize the sale to the end that the property may be
sold free and clear of all taxes and the proceeds of
sale , if any, divided;
NOW, THEREFORE , BE IT
RESOLVED, that the Town Board of the Town of Mamaroneck
agrees that property known as Section 8, Block 101, Lots
67B, 68B, 69 to 73B inclusive , on the tax assessment map
of the Village of Mamaroneck, and known upon the tax
assessment map of the Town of Mamaroneck as Block 825,
Parcel 319 , be sold for $1,500;
FURTHER RESOLVED, that the net proceeds of such sale
shall be divided between the Town of Mamaroneck and the
Village of Mamaroneck proportionately to the amount due
each as of the date of such sale.
The following reports for the month of October 1944, were re-
ceived and ordered filed: Report of the Town Clerk.; Report of the
Mamaroneck Health Center.
Acting Supervisor Stiner suggested that the members of the
Board proceed to consider the tentative budget for 1945.
The Board prepared the following itemized statement in writing
of the estimated revenues and expenditures of the Town for the fiscal
year commencing
January 1 , 1945, which statement is known as the Annual
Estimate:
PRELIMINARY BUDGET
ESTIMATED DISBURSEMENTS
GENERAL
TOWN
1.
Town Offices. . . . . . . . . . . . . . . . . . . . . . . . . . .
5 14, 520.00
2.
Supervisor. . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5,350.00
3.
Town Clerk. . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4,445.00
4.
Elections. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4,538.00
5.
Comptroller. . . . . . . . . . . . . . . . . . . . . . . . .
1 ,100.00
6.
Receiver of Taxes and Assessments. . . . . .
8, 505.00
7.
Assessor. . . . . . . . . . . . . . . . . .
7 ,635.00
8.
Law. . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Certiorari•Costs
9,625.00
9.
Foreclosures and . . . . . .
5, 500.00
10.
Justices of the Peace. . . . . . . . . . . . . . . . . .
5,072.00
11.
Highways; . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
15,000.00
12.
13.
Engineer. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Contributions and Donations. . . . . . . . . . . .
5,000.00
600.00
14.
Public Welfare. . . . . . . . . . . . . . . . . . . . . . . . .
28 , 545.00
15.
Miscellaneous. . . . . . . . . . . . . . . . . . . . . . . . . .
24,775.32
-- 16.
Debt Service. . . . . . . . . . . . . . . . . . . . . . . . . . .
220. 172. 75
OUTSIDE OF VILLAGES
17. Board of Appeals. . . . . . . . . . . . 325.00
18. Building and Plumbing Department. . . . . . . 2 ,075.00
U.
19. Highways. . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . $22 ,500.00
20. Police .74,453.03
21. Garbage District No. 1. . . . . . . . . . . . . . . . . . . 32 ,180.95
22. Miscellaneous . . . . . . . . . . . . . . . . . . . . . . . . . . . 14,030.76
23. Debt Service (Highways and Drains) . . . . . . . 54,399.00
FIRES LIGHTING AND WATER SUPPLY DISTRICT NO 1
24. Street Lighting. . . . . . . . . . . . . . . . . . . . . . . . . . 15, 500.00
25. Fire Department. . . . . . . . . . . . . . . . . . . . . . . . . . 27,098. 37
26. Hydrant Rental. . . . . . . . . 9 ,500.00
-- 27. Water District No. l -.Debt Service . . . . . . 47 ,021 . 50
PARK DISTRICT NO. 1
28. Maintenance. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 ,014.92
29. Debt Service. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 ,930.25
SEWER DISTRICT NO. 1
30. Maintenance. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7,031.01
31. Debt Service. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 124 ,222. 12
SPECIAL ASSESSMENT DEBT SERVICF
32. Maple Hill - Part II - Street Improvement
Grand Total , including Spec. Assments. . . . . $830,983 .73
ESTIMATED REVENUES
GENERAL TOWN
Interest and Penalties on Taxes. . . . . . . . . . . . . . . $ 15,000.00
Justices ' Fines. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 250.00
Justices ' Fees. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 300.00
Income Tax. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50 ,000.00
Beverage Tax. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28,000.00
Home Relief Refunds. . . . 7,600.00
Welfare Administrative Refunds. . . . . . . . . . . . . . . . 1 ,984.00
Tomn Clerk' s Earnings. . . . . . . . . . . . . . . . . . . . . . . . . 700.00
Refund Post War Plans. . . . . . . . . . . . . . . . . . . . . . . . . 3 ,400.00
Cash Available. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15,000 .00
OUTSIDE OF VILLAGES
Dog Licenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1,700.00
Building Permits. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 150.00
Franchise Tax. . . . . . . . . . . . . . . . . 600.00
. . . . . . . . . . . . . .
Mercantile and Yanufacttiring Tax. . . . . . . . . . . . . . 3 ,000.00
Mortgage Tax. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5,000.00
Plumbing Permits. . . . . . . . . . . . . . . . . . . . . . . . . 50.00
State Highway Aid. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 900.00
EIRE. LIGHTING AND WATER DISTRICT NO. 1
Water Revenues. . . . . . . . . . . . . 47,021.50
Total Revenues. . . . . . . . . . . . . . . . . . . . . . . . . . $180 ,655. 50
On motion duly made and seconded , it was unanimously
RESOLVED, that the foregoing Preliminary Estimate or
Tax Budget of the Town of Mamaroneck as prepared by
this Board for the year 19945 be and it hereby is ap-
proved; and be it
He presented and read a statement of the bank balances as
of 9 A.M. November 15, 1944. He also presented the list of claims
audited and paid by the Comptroller from November 1 to November 15,
1944.
Councilman Embury stated that he wished to report on two
Matters which have been continued through the last meeting, and the
first was that he had conferred with Mr. Irving S. Watkins concerning
the lot at the corner of Rbckingstone and Forest Avenues which had
been offered by the Watkins family to the Town for park purposes.
He informed the Board that the property was formerly owned
by the father of Mr. Fatkins and that it was left in his estate which
was shared by Mr. Watkins and his two sisters , none of whom reside in
the neighborhood of the property or in the Town. He explained that
they had tried to dispose of the property by sale and that they were
not successful , and that while their taxes are paid tip with the ex-
ception of the last school taxes , that it appears that the family
does not wish to continue the obligation of paying taxes on this
property.
He advised that he had put this question about taxes to
Mr. Natkins . He also advised that he had informed Mr. Watkins that
the Town was willing to accept the property withtut any strings at-
tached to it to use it for park purposes or any other purpose , or
to resell , if it is desirable , to the adjoining owners or any one
else who may be interested, and that this , Mr. Fmbury said, caused
Mr. Watkins to indicate that he wished to share in any profit should
there be any such transaction.
Councilman Embury said that the matter has been left to
the family to think over and the only thing to do is to wait to see
what their decision will be.
Councilman Embury referred to the second item by stating
that Mrs. Stabler had not replied to his letter concerning the pro-
posed Youths ' Center. He added , however , that a movement is under
way in the Village of Mamaroneck which is sponsored by the Lions '
Club and other organizations for a youth center in the Village of
Mamaroneck.
He presented a letter received from Mr. W.F. McDonald , Jr.
Assistant Vice President of the County Trust Company aftising the
Town Board as to what the plan has been to date. It was stated in
the letter that the movement has gained large proportions and that
it is estimated that from three to five hundred students would avail
themselves of the opportunities offered by a Youth Center , and that
in looking about some question has been raised about the possibility
of the use of the old Town Hall on Prospect Avenue.
The members of the Board discussed the letter concerning
this movement and indicated that it was a very worthy project.
Because it would be inconvenient for Mr. Embury to see
Mr. MacDonald within the next few days , he asked Acting Supervisor
Stiner if he would kindly do so so that there would be no delay in
giving some word to the organizatiohs.
There was some question about whether the Town Hall would
be suitable for this purpose , and it was suggested that a committee
from the organizations look at the building before anything further
is done.
Councilman Keeler reported that he had gone out on a tour
of inspection irith Acting Supervisor Stiner and Town Engineer Foote
and that while looking over the Town cemetery it was agreed that it
might not be necessary to acquire the lot adjoining the cemetery. He
referred to a number of items such as approval for use , the cost of
acquiring , and the cost of conditioning the property.
4
I
283
He reported on insurance by stating that there are four
signs at the entrance of the Town on the main highways which should
be covered by public liability and property damage insurance and that
the Town' s broker had estimated that the cost for the year 194;_' would
be 151.84 for this coverage. He explained that no charge would be made
for the balance of 1944. He recommended that an order be placed for
this insurance.
On motion duly made and seconded the Town Clerk was authorized
to instruct the insurance broker to add this protection to the Town' s
insurance coverage.
Acting Supervisor Stiner reported that he had been about Town
quite a lot since the Supervisor had left and that everything seems
to be in good order. He said that the Street Department has been
busy cleaning up the leaves and carting them away.
He referred to Councilman Keeler ' s report on the cemetery
and added that the small sum which was being considered in the budget
for 1945 for worth at the cemetery would go for removing large trees
which are causing damage to a wall and for repairing the wall and
pointing up same . Of course , he said, all of the work necessary
would cause a much larger expenditure but that the work would be
spread over a number of years.
He referred to the additional lot which had been talked of
and stated that he had conferred with Public Welfare Officer DeVinne
regarding the need for burial plots and what the position of the Wel-
fare Department would be in the need of additional space in the future .
He said that Mr. DeVinne informed hint that burials were entirely up
to the funeral director in charge and the arrangement for burials
can be made in other places in the County all depending upon the
cost coming within the amount allowed for burials.
Acting Supervisor Stiner recognized Mr. Martin King who was
present and inquired if Mr. King had anything to place before the
Board.
Mr . King said that he was present as attorney for the
Johnethel Realty Corp. and wished to talk about compromising cer-
tain tax arrears on property owned by this Corporation consisting
of approximately 22 acres on Old White Plains Road and known as
Block 330 , Parcel 1 on the tax assessment map of the Town.
There was a lengthy discussion following which no action
was taken.
The Town Attorney presented the following resolution which
was on motion by Councilman Embury , seconded by Councilman feeler ,
upon roll call , unanimously adopted:
WHEREAS , heretofore writs of certiorari were obtained
by THE WILBOB REALTY CORP. , owner of property described
on the assessment map and assessment roll of the Town
of Mamaroneck as Block 907 , Parcel 41, for the years
1942 and 1943 (taxes of 1943 and 1944) ; and
WHEREAS , the Assessor and Board of Review of the Town
of La-maroneck, duly filed returns to said its; and
WHEREAS , Philip J. O 'Brien, Esq. , was heretofore ap-
pointed to hear the testimony and report his findings
and conclusions to the Court , and no further proceed-
ings have been had ; and
WHEREAS , the Town Attorney and Assessor recommend to
this Board that the proceedings be settled and discon-
tinued upon the reduction of the assessments from
$57 ,000 to $42 ,000 and from $46 ,800 to $42 ,000 ,
285
NOW, THEREFORE , BE IT
RESOLVED, that the assessments for the years 1942
and 1943 (taxes of 1943 and 1944) upon property
owned by The Wilbob Realty Corp. and described upon
the assessment map and assessment roll of the Town
of Mamaroneck as Block 907, Parcel 41 , be reduced as
follows :
1942 assessment
1943 tax
FROM
Block Parcel Land Improvements Total
907 41 525,000 5 32,000 857,000
TO
907 41 814,000 8 28,000 $42 ,000
194? assessment
1944 tax
FR Old
Block Parcel Land Improvements Total
907 41 518 ,800 8 28,000 546 ,800
TO
907 41 814,000 828 ,000 $42 ,000
provided the certiorari proceedings , now pending
in the name of The Willbob Realty Corp. for the
years 1942 and 1943 (taxes of 1943 and 1944) be
discontinued without costs against the Town of
Mamaroneck.
FURTHER RESOLVED, that the Town Attorney is here-
by authorized and directed to sign the nedessary
stipulation to obtain an order of the Supreme Court
providing for such reduction and the refund of ex-
cess taxes paid , if any.
The Town Attorney stated he had. received a request from
Mr . Edward Petigor , President of Larchmont Estates , Inc. for further
postponement of the foreclosure sale of the premises owned by Larch-
mont Estates , Inc . , between Palmer Avenue and the Boston. Post Road ,
in connection with which Mr. Petigor had offered the sum of $500 .00.
The Town Attorney started that he had considered it advisable to in-
sist on payment of .School taxes of 1944 which are still unpaid , so
far as they apply to Block 408 , Parcel 290 and Block 918 , Parcel 1 ,
the total amount of which would be $818.31 as of this date , and that
he had contacted attorneys for the Larchmont Estates , Inc. , who be-
lieved such additional amount could be obtained.
Upon motion made by Councilman Embury , seconded by Council-
man Griffin, the Town Attorney was authorized to sign the following
stipulation upon receipt of $818.31 , which amount is to be applied
to the School taxes aforesaid , which are due on Block 408 , Parcel
290 and Block 918 , Parcel 1:
287
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF WESTCHESTER
TOWN OF MAMARONECK,
Plaintiff,
-against-
LARCHMONT ESTATES , INC . , THE PEOPLE STIPULATION
OF THE STATE OF NEW YORK, the VILLAGE
OF MAMARONECK and MAURICE GOLDMAN,
Defendants .
IT IS HEREBY STIPULATED AND AGREED AS FOLLOWS :
(1) In consideration of the receipt of the total sum
of $1,952. 51 , $500 of which was heretofore paid on or about
the 31st day of May , 1944, $634.20 of which was paid on or
about the 16th day of August , 1944 and $818.31 of which is
paid herewith, which total amount is in payment of the State ,
County , Town and School taxes including penalties and in-
terest to the date of the payment thereof , covering prem-
ises known as Block 408, Parcel 290 and Block 918, Parcel 1
on the Tai: Iap of the Town of Mamaroneck, the plaintiff will
take no further proceedings under judgment of foreclosure
and sale dated Larch 31st , 1944 and entered herein on
April 6th , 1944 , until March 31st , 1945;
(2) If defendant , Larchmont Estates , Inc . pays the
sum of $7, 500 on or before liarch 31st , 1945, the said sum
of $7,500 will be accepted in full settlement and payment
of taxes now outstanding against the property described in
plaintiff' s complaint , including State , County , Town and
School taxes for the year 1943 and/or the tax liens acquired
by the Town for the same, and all Village taxes and/or tax
liens including those levied for the year 1943 but not in-
cluding Town and Village taxes for the year 1944 against
Block 403 , Parcel 61 , and thereupon the above entitled
action is to be settled and discontinued without costs to
the defendant , Larchmont Estates , Inc . ;
(3) If defendant , Larchmont Estates , Inc . , fails to
make the payment of $7, 500 by March 31st , 1945, the plaintiff
shall proceed immediately to sell the premises described in
the complaint as provided in the judgment of foreclosure and
sale entered April 6th, 1944;
(4) Defandant , Larchmont Estates , Inc. , further sti-
pulates and agrees that this stipulation shall supersede the
stipulation heretofore entered into on the 31st of May, 1944
and that entered into on the 16th of August , 1944, and agrees
that the judgment of foreclosure and sale , dated March 31st ,
1944 and entered April 6th , 1944, and the right of the plain-
tiff to proceed thereunder as directed is now and shall remain
in full force and effect .
Dated ,
Attorney for Town of Mamaroneck-
Attorney for Larchmont Estates , Inc .
At 9:45 P.M. the Board unanim.ousl resolved to adjourn.
Town Clerk