HomeMy WebLinkAbout1945_02_21 Town Board Minutes REGULAR FETING OF THE TOWN BOARD, TOWN OF
MAMARONECK, HELD FEBRUARY 21 , 1945
In the Council Room of the Weaver Street Firehouse , Town of
Mamaroneck, New York.
The meeting was called to order by Supervisor Mandeville
at 8,15 P.M. (Eastern War Time) .
Present: Supervisor Mandeville
Councilmen Griffin , Embury, Stiner , Keeler
Absent, None
The presence was also noted of Town Clerk Payne and Accountant
Finson.
The minutes of the meeting of February 7, 1945, were approved
as presented.
The Supervisor suggested that the Board proceed with the
public hearing on the proposed amendments to the Building Code or
Ordinance of the Town. He declared the hearing open and requested
the Town Clerk to read the affidavit of publication which showed that
the notice had been printed in The Daily Times on February 10 , 1945.
The Supervisor asked if there was any one present who wished
to speak for or against the proposed amendments. There being no one ,
he declared the hearing closed.
Councilman Stiner and other members of the Board sta'-ed that
they had been over the proposed changes in the Building Code and that
they appeared to be satisfactory for good construction.
On motion by Councilman Stiner , seconded by Councilman Griffin,
the following was , upon roll call , unanimously adopted,
WHEREAS , a public hearing was this day held for the
purpose of considering the enactment of certain amend-
ments to the Building Code or Ordinance of the Town
of Mamaroneck; and
WHEREAS , the Building Inspector has submitted certain
amendments to this Board; and
WHEREAS , this Board has duly considered the matter ,
NOW, THEREFOPE, BE IT
RESOLVED, that the Town Board of the Town of Mamaro-
neck hereby enacts the following amendments to the
Building Code of the Town of Mamaroneck, adopted
February 17, 1937:
Paragraph 2 , Section 62, Article 12, is hereby amended , so as to
read as follows:
(a) Smoke flues for stoves , cooking ranges , warm air,
hot water and low pressure steam heating furnaces , fire-
-- places, and other low heat appliances , other than for one
or two-family houses and other than gas appliances and in-
cinerators elsewhere provided for , shall have walls not
less than 8" thick. The walls may be of solid masonry
using brick, cut stone or concrete.
For stone chimneys other than cut stone , the thickness
shall be not less than 12".
In one or two-family houses and buildings of like heat-
ing requirements , not including multiple dwellings , the thick-
ness of the chimney wails may be reduced to not less than
3 3/4" , except for stone chimneys other than cut stone.
Every such flue hereafter erected, altered or re-
paired , shall be lined with a flue lining conforming to
the requirements of this section.
(b) Flues hereafter constructed for non-fuel fired
incinerators in which the grate of the combustion chamber
does not exceed nine square feet , in residence buildings ,
including multiple dwellings, institutional buildings ,
churches, schools, and restaurants , shall be incased in
clay or shale brickwork not less than 3 3/4" thick, and
contain a standard fire clay flue lining.
Flues for incinerators in which the grate of the com-
bustion chamber exceed nine square feet shall be constructed
in accordance with the latest rules of the National Board of
Fire Underwriters. All flues for non-fuel fired incinerators
shall terminate in substantially constructed spark arresters.
Paragraph 1, Section 52, Article 9 is hereby amended by adding
thereto, a new subdivision to be known as ° (J) " which shall
read as follows:
(J) The following table gives the maximum allowable spans
for floor joists , based on a 40 pound per square foot uni-
formly distributed live load for Douglas Fir (Oregon Pine)
common grade.
Size of Spacing of Maximum Allowable Span
V Joists Joists Feet and Inches
Inches Center to
Center Plastered Ceiling 71ithout Plastered
Inches Below Ceiling Below
12 10-0 12-0
2 x 6 16 9-1 10-6
24 8-0 8-7
12 13-3 15-11
2 x 8 16 12-1 13-11
24 10-8 11®5
2 x 10 12 16-8 19-11
16 15-3 17-4
24 13-5 14-5
12 20-1 23-11
2 x 12 16 18-5 20-11
- - 24 16-2 17-5
12 23-5 27-8
2 x 14 16 21-5 24-4
24 18-11 20-3
12 11-8 15-0
3 x 6 16 10-8 13-1
24 9-4 10-10
12 15-4 19-8
3 x 8 16 14-0 17-4
24 12-4 14-4
12 19-3 24-7
3 x 10 16 17-8 21-8
24 15-7 18-0
12 23-1 29-4
3 x 12 16 21-3 25-11
24 18-9 21-8
12 26-11 30-0
3 x 14 16 24-10 28-0
24 22-1 25-2
The following table gives the maximum allowable span for
ceiling joists and roof rafters for Douglas Fire (Oregon
Pine) common grade.
Maximum Allowable Span
Size of Spacing of Feet and Inches
Joists Joists
Inches Center to For For
Center Ceiling Joists Roof Rafters
--- °®-- Inches
12 11.0 10.4
16 10.0 9.0
2 x 4 24 8.11 7. 5
32 7.10 6.0
12 16.7 15.8
16 15.4 13.9
2 x 6 24 13.8 11.5
32 12.0 10.0
12 21.8 20.8
2 x 8 16 20.2 18.2
24 18.0 15.1
32 15.10 12.0
12 26.10 25.9
2 x 10 16 25.0 22.9
24 22.6 18.10
32 19.6 14.10
FURTHER RESOLVED, that the Town Clerk publish the
aforesaid amendments to the Building Code or Ordinance
in the Mamaroneck Daily Times , the official newspaper
heretofore designated , and post printed copies thereof
in at least three public places in the Town as provided
in Section 133 of the Town Law, and that an affidavit
of the publication and posting thereof be filed with
the Town Clerk.
By Order of the Town
Board.
-----'Town Clerk.-`____-
The following letter was received from the office
of Meighan & Necarsulmer:
410
February 14, 1945
Town Board,
Town of Mamaroneck,
New York
Re: Block 908 , Parcel 404 (formerly
section 9 block 29) - Lot 16
First sub-division lot 39 Grand
Park first sub-division 459
Gentlemen:
The tax arrears book for the Town of Mamaroneck
shows open an 1875 school tax affecting the above premises
assessed against a previous owner , the estate of T. Robb,
sold under a 90 year lease to John "F. Revere in 1876.
Referring to the earliest tax record of 1876 there
is a notation with reference to this tax to the following
effect: "November 15th received from James H.R. Sprague."
While this record is not clear , it would appear that this
is an indication of the payment of the outstanding tax
lease and we would ask that the Receiver of Taxes be
permitted to cancel the tax lease on the arrears book.
This same tax lease is recorded in the Office of
the County Treasurer and we would necessitate a certi-
ficate by Mr. Dillon in order to procure cancellation
of same.
Faithfully yours,
(signed) Meighan & Necarsulmer
There was a lengthy discussion following which it was
on motion by Councilman Embury, seconded by Councilman Stiner, upon
roll call , unanimously
RESOLVED, that the Town Board favors the cancellation
of the 1875 school tax affecting the premises known
as Block 908, Parcel 404, and that the Town Attorney
be and he hereby is directed to prepare a suitable
resolution to be brought before the Town Board for
final action.
A letter dated February 18, 1945, was received from
Boehm & Co. Real Estate , signed by Philip Zvirin in which he stated
the qualifications of himself and his brother , Emil Zvirin, in appli-
cation for the appointment as sales agents of Town-owned properties.
The letter was ordered received and filed.
A letter dated February 16, 1945, was received. from Mr.
Frank J. Corr, Jr. , Associate Statistician of the State Department
of Audit and Control , in which he thanked the Supervisor for the re-
port on the financial transactions for the year 1944.
A letter dated February 19, 1945, was received from Mr. T.
James Ahern, Superintendent of School District No. 1 , in which he
stated that Town Engineer Foote had been of great astistance to him
in providing maps of the school district; also, showing the bus lines
io that the School Board might make a complete study of matters affect-
ing the schools. He stated that he wished to take this opportunity
to commend Mr. Foote for his splendid cooperation.
The members of the Board asked the Town Clerk to make
not of the letter in the minutes of this meeting and to furnish
Mr. Foote with a copy of same.
Councilman Stiner introduced the following, which was se-
conded by Councilman Griffin, and upon roll call , unanimously
RESOLVED, that the Town Superintendent of High-
ways is hereby authorized to purchase under Sec-
tion 142 of the Highway Law from The Heil Co. ,
42-50 21st St. , Long Island City, with approval
of the County Superintendent of Highways:
One - 3 cu. yd. Heil SL - 11 Body 10'6" x
6'0" P.C. #79161 with one DA6-17 Hoist F.C.
#99445, for a total price of $500.00.
Copies of the foregoing resolution were signed by the members
of the Board and referred to Superintendent of highways , Mr. Foote.
The Town Clerk' s report for the month of February 1945, and
the Annual Report for the year 1944, were ordered received and filed.
The Supervisor suggested that the meeting proceed with the
reports of committees.
Councilman Griffin presented and read the statement of bank
balances as of 9 A.M. February 21 , 1945. He also presented the follow-
ing: List of claims audited and paid by the Comptroller from February
7, 1945 to February 21 , 1945; Supervisor ' s Report for month of January ,
1945.
Councilman Embury stated that there was nothing to report
for his departments.
Councilman Stiner stated that he and Councilman Keeler had
inspected the Town-owned property fronting on Lafayette St. for which
Mr. Carnoy of Glenn Building Corp. had made an offer for purchase. He
explained that this part of Lafayette Road had not been opened up as
yet and that the land is around near the old Town dump near the New
Rochelle line. He pointed out that it might be well to consider as
to whether or not the Town desires to reserve a strip of the land
to provide for connecting with a map street across the New Rochelle
line shown on maps as Chatsworth Avenue. (Clerk's Note: This is
not to be confused with the present improved Chatsworth Avenue) .
The members of the Board discussed this question at length
and it was decided not to change the present layout for the develop-
ment of the end of Lafayette Road.
Councilman Stiner stated that while he and Councilman Keeler
were satisfied in recommending the sale at about $2,500 , which was the
offer made by Mr. Carnoy , the Supervisor , in the meantime , had managed
to get the purchaser to raise his offer to $2,750. This, of course ,
Councilman Stiner explained , made he and Councilman Keeler definitely
in favor of completing the transaction.
Following further discussion, it was on motion by Council-
man Stiner , seconded by Councilman Keeler , upon roll call , unanimously
RESOLVED, that the following offer heretofore re-
ceived by the Supervisor for the purchase of cer-
tain property acquired by the Town as a result of
tax lien foreclosure proceedings and now owned by
the Town be accepted.
Offer made by Alan L. Carnoy , President of Glenn
Building Corporation, Few York City , to purchase
property known as Block 130 , Parcels 162, 204 and
283 , for the sum of $2 ,750.00.
4-112 h
FURTHER RESOLVED, that the Town Attorney is hereby
authorized to prepare a bargain and sale deed to be
given by the Town, subject to covenants and restrictions
of record, any state of facts an accurate survey may
show, and the zoning restrictions of the TovTn of
Mamaroneck.
FURTHER RESOLVED, that the Supervisor be and he
hereby is authorized to execute and deliver the
deed to Mr. Alan L. Carnoy.
Councilman Stiner stated that in connection with the De-
partment of Public Works he wished to report that the Department had
managed to secure thirty bags of calcium chloride for mixture with
sand for dangerous icy conditions.
Councilman Keeler stated that at the last meeting of the
Board the matter was referred to him with respect to the youth move-
ment. He said that there has been considerable correspondence and
that he would make a complete report to the Board when he has all
the information necessary.
He stated that in connection with the Fire Department he
wished to report that he had a letter from Fire Chief Burton listing
the officers who had been elected for the coming year. He offered ,
the following which was seconded by Councilman Embury and upon roll
call , unanimously
RESOLVED, that the action of the Fire Department
in selecting the following officers for the year
1945 be and it hereby is ratified and that record
of these selections be placed in the files of the
Town:
Chief George ' . Burton
First Deputy Charles Conte
Second " Leonard Ericson
Secretary H.M. Everitt
Treasurer Theodore Tuck,
Councilman Keeler stated that further in the letter from
Fire Chief Burton there was a recommendation as to the purchase of a
Heidbrook #70 B. Resuscitator , at a cost of $300.00. A pamphlet de-
scribing the apparatus was attached. Councilman Keeler explained that
he had not had a chance to study the recommendation but that after he
had gone over it he would. report at the next meeting.
Councilman Keeler stated that he wished to recommend that
the Town Board as a Board of Fire Commissioners approve the following
claims.
The members of the Board examined the claims and it was
on motion by Councilman Keeler, seconded by Councilman Stiner, upon
roll call , unanimously
RESOLVED, that the following described claims be
and they hereby are approved and that the Supervisor
and Comptroller be and they hereby are authorized
to pay same out of the budget for the Fire Depart-
ment-
425
Eureka Fire Hose Division 5.69
The Free Parking Gas Station 33.97
Gunn Bros. Oil Co. Inc. 69.75
Hillside Service Station 29.60
New York Telephone Company 2.75
to 11 99 2. 50
19 11 BB 2.50
19 69 19 2. 75
Westchester Lighting Company 1.38
It 11 P9 16.8®
ri u n 2.87
Councilman Keeler referred to the monthly bulletin re-
ceived from the Association of Towns for the month of January , and
stated that there was an item in there which was of interest in con-
nection with the liability of towns for sidewalk maintenance. He
pointed out that in the past when there were discussions about insurance
coverage , there was always a question about the Town's liability in
connection with streets and sidewalks. He stated that according to
the item in the bulletin notice must be given in writing of the
unsafe condition and that claim must be made within a limited time.
A report from the Town Attorney stated that in pursuance
of the option signed by Bars. Katherine Kennedy to deed to the Town a
strip required for sidewalk purposes on Murray Avenue , immediately in
front of her property and in accordance with resolution heretofore
adopted by this Board , he had obtained a deed , relase of mortgage ,
and other necessary papers to secure good and sufficient title to
this strip to the Town of Mamaroneck, and for such conveyance he had
delivered to Mrs. Kennedy, check for $225.00 and had incurred expenses
for a title search , recording feets , etc. of $74.80.
Upon motion by Councilman Embury, seconded by Councilman
Stiner , it was , upon roll call , unanimously
RESOLVED, that the acquisition of this property
for a total consideration of $225.00 is approved
and there is hereby appropriated the sum of $225.00
from Capital Surplus available for such purpose and
the sum of $74.80 , representing expenses in connection
with such acquisition, is hereby approved.
The Supervisor recommended the following resolution, which
was on motion by Councilman Griffin, seconded by Councilman Stiner ,
upon roll call , unanimously adopted:
WHEREAS , by resolution dated November 13 , 1944, an
offer by Barney Epstein, for his client Mr. Viggo
Renbeek, residing at 22 Kilmer Road, Larchmont , New
York, was accepted in the sum of $1 ,500 to purchase
the property designated on the Assessment Roll of
the Village of Mamaroneck (known as Section 8' Block
101 , Lots 67B, 68B, 69, 70 , 71 , 72B, 73B) (Town of
Mamaroneck, Block 825, Parcel 319) , and which cf fer
was by resolution dated November 15, 1944 approved
by the Town Board of the Town of Mamaroneck: and
WHEREAS , pursuant to the aforesaid resolution title
to the property known as Section 8, Block 101 , Lots
67B, 68B, 69, 70 , 71 , 72B, 73B , were conveyed on the
9th day of January, 1945,
NOW, THEREFORE , BE IT
F7
RESOLVED, that the Treasurer-Clerk be and he hereby
is authorized to accept from Viggo Renbeck the sum
of $1, 500, plus the pro-rata share of the pro-rata
share of the 1944 School tax, less a credit of nine
days on the 1945 Town tax, and to apportion the net
receipts from said sale upon the basis that the total
taxes , exclusive of current taxes , plus assessments ,
interest and penalties due the respective parties
to the date of sale bears to the total taxes plus
assessments , interest and penalties outstanding to
the date of sale: and
WHEREAS , the Receipts and Disbursements in connection
with the aforementioned properties are as follots:
Receipts:
Sale of Property $1 , 500.00
1944 School Tax Apportion-
ment , Town of Mamaroneck $33.73
Credit: 9 days on 1945 town tax 1.80
Total Gross Receipts $1531 .93
Disbursements:
Newspaper Advertising 37,18
Barney Epstein, Commission
on Sale 100.00
Town of Mamaroneck, tax ap-
portionment 31.93
Search 20.00
Legal Charges 41.65
-- Building fence & cleaning lot 50.00
Legal Services 125.00
Deed 45.00
Cash returned on account deed
being defective 35.00 10.00
Total Disbursements 415.Z6
Total Net Receipts to Be Apportioned 61116.17
showing the net receipts to be apportioned between
the Town of Mamaroneck and the Village of Mamaroneck
to be $1 ,116.17; and
WHEREAS, the amount of unpaid taxes and percentages
due the Town and Village are as follows:
Unpaid Taxes Percentage
Town of Mamaroneck $2 ,085.70 61.75
Village of Mamaroneck 1 ,292.07 38.25
NOW, THEREFORE , BE IT
RESOLVED, that in accordance with the percentages
above set forth that there be paid to the
Town of Mamaroneck - 61.75% of $1 ,116.17, or X689.23
Village of Mamaroneck - 38.250 of $1 ,116.17, or ?426.94
BE IT FURTHER
RESOLVED, that upon receipt of the proportionate
share due the Village of Mamaroneck, the Treasurer-
Clerk be and he hereby is authorized and directed
to apply the proceeds as follows:
First against taxes for the years in which
tax notes are outstanding and unpaid, and
the balance , if any , to be applied against
- all other taxes remaining unpaid,
AND BE IT
FURTHER RESOLVED, that the Treasurer-Clerk be and
he hereby is authorized to cancel and discharge of
record all taxes , tax liens and assessments remain-
ing open and unpaid against said premises known on
the Village of Mamaroneck Assessment ?dap as Section
8 , Block 101 , Lots 67B, 68B, 69 , 70, 71 , 72B, 73B,
after the application as above of the monies received.
The Supervisor recommended the following resolution, which
was on motion by Councilman Stiner, seconded by Councilman Embury ,
upon roll call , unanimously
RESOLVED, that the sum of $721.16 be accepted by
the Town of Mamaroneck as representing its share
of the purchase price of the premises known as
Section 8, Block 101 , lots 67B, 68B, 69 , 70, 71 ,
72B , 73B on the Village of Mamaroneck Assessment
Roll , and known as Block 825, Parcel 319 , on the
Town of Mamaroneck Assessment Roll , and that said
sum be applied first to the payment of 1944 State ,
county, town and school taxes unpaid and that the
balance of $561.43 be applied in full payment of
the following tax liens outstanding on Block 825,
Parcel 319 which tax liens are hereby cancelled:
Year of Tax Year of Sale Amount of Lien
1935 1936 $ 108.92
1936 1937 127.38
1937 1938 181 . 52
1938 1939 159.41
1939 1940 151.43
1940 1941 156.21
1941 1942 158.14
1942 1943 157.26
1943 1944 153.48
The Supervisor stated that he had at hand a check in the
amount of $136.61 from Alfred H. Schaffer , offering to purchase tax
liens from 1938 to 1943 , covering property known as Block 813 , Par-
cel 283.
On motion by Councilman Stiner , seconded by Councilman
Embury , it was , upon roll call , unanimously
RESOLVED, that the Receiver of Taxes and Assessments
"- be and he hereby is authorized, empowered and directed
to sell by assignment to Alfred H. Schaffer, 1450 Broad-
way, New York City , the following tax liens on property
known as Block 813 , Parcel 283 , at the face amount of
the liens plus interest at the rate of six per cent
from the date of sales
Tax year Sale Year Amount of Lien Interest at 6%
1938 1939 $ 19.64 $ 6.78
1939 1940 18.69 5.33
1940 1941 19.25 4.33
1941 1942 19.49 3.22
1942 1943 20.32 2.14
1943 1944 16.67 .75
The Supervisor also announced that he had at hand checks in
_ the amount of 5227.68 , offering to settle tax liens covering property
known as Block 713 , Parcel 544 , at the face amount of the liens plus
six per cent interest from the date of sale .
On motion by Councilman Stiner , seconded. by Councilman
Enbury , it was , upon roll call, unanimously
RESOLVED , that the Receiver of Taxes and Assessments
be and he hereby is authorized , empowered and directed
to accept payment from William J. Cullen for the fol-
lowing taxes on property known as Block 713 , Parcel
544, on the tax assessment map of the Town, at the
face amount of the liens plus interest at the rate
of six per cent from the date of sale.
Tax Year Sale Year Amount of Dien Interestat 65
1941 1942 $67. 15 $ 11.08
1942 1943 70.40 7.39
1943 1944 68. 58 3.08
The Supervisor reported that the following parcels have been
sold by the Town and that tax liens appeared on the Arrears Book of
the Town, and in order for the Torn to give clear title , he re-
commended that a resolution be adopted directing the Tax Receiver
- to cancel same.
On motion by Councilman Stiner , seconded by Councilman Keeler ,
it was , upon roll call , unanimously
RESOLVED, that the Receiver of Taxes and Assessments
be and he hereby is authorized , empowered and directed
to cancel the following tax liens which are open on
the Tax Arrears Books of the Town on the following
described properties which have been sold by the
Town;
Block Parcel Year of Sale Year of Tax Amount of Lien
124 460 1944 1943 e> 14. 83
124 460 1944 1943 22.97
130 204 1944 1943 428.00
130 208 1944 1943 407.66
130 162 1944 1943 147.23
The Supervisor asked if any one had heard anything from
Mr . Martin E. King , that he believed that Mr. King intended to come
to this meeting. No one had heard from Mr. King , and the Supervisor
passed out the original and a cope of a letter received from Mr. King
and asked the members of the Board if they would pass them, on to one
_. another between now and the next meeting.
There being no other business , the meeting was adjourned
at 9:15 P.M.
TowN Clerk