HomeMy WebLinkAbout1936_10_14 Town Board Minutes 81
ADJOURNED REGULAR f1:E'ETING OF THE TOWN BOARD
TOWN OF MAMARONECK, NEW YORK
HELD OCTOBER 14, 1936
At the Town Offices, 156 `Nest Boston Post Road, iMamaroneck, N. Y.
The meeting was called to order by Supervisor McCullOch at
8:15 P. -Pl.
Present : Supervisor SalcCulloch
Councilmen Bates, Brennan, Griffin, Iieginniss
The presence was also noted of Town Attorney Delius who acted
as clerk until Town Clerk Marvin arrived at 8: 30 P. +I.
The Supervisor stated that the Building Inspector has requested
the Board to appoint an engineer or architect to examine the plans sub-
mitted for the proposed new apartment house on North Chatsworth Avenue,
in order to check the technical details.
On motion by Mr. Ivieginniss, seconded by i,2r. Brennan, it was
unanimously
RESOLVED that the Supervisor be and he hereby is
authorized, empowered and directed to obtain from
architects or engineers estimates of the cost of
such service and to retain such of them as he
considers qualified on such terms and conditions
as are satisfactory to him.
The regular order of business was suspended in. order to hear
those persons who desired to address the Board.
Mr. Thomas Kuhn addressed the Board to inquire if the Town
would extend its sewer mains on Valley Stream Road so as to serve certain
proposed new dwellings. The Supervisor explained to dlr. Kuhn that in
accordance with a recently enacted amendment to the Town Law the cost of
such extensions would be assessed against the property owners.
Mr. Emil Zvirin, "Larchmont real estate broker, addressed the
Board concerning the request of his client, Miss Augusta 'White of
Shadow Lane, that she be permitted to pay certain taxes for years prior
to 1916 without interest. 111r. Zvirin said that it was his fault that
Miss White had not paid these taxes without interest within thirty days
of April 15, 19365 at which time the Town Board had granted her the
customary thirty-day period in which to pay them. He explained the
circumstances why, owing to certain investigations which he had to make,
the delay had occurred.
On motion by Lfr. Bates, seconded by Ivlr. Griffin, it was
unanimously
RESOLVED that the resolution adopted by this Board at
its meeting on April 15, 1936, permitting the payment
of taxes for the years 1907 to 1912 inclusive, sales
of 1908 to 1913 inclusive, on Section 6, Block 22, Lots 27,
28, 29, 30 and 31 in the face amount of the liens which
are held by the Town without interest, be amended so as to
provide that said taxes may be paid without interest, pro-
vided payment be made within five days from the date of
this meeting, to wit: not later than October 19 9 1936.
Mr. Henry Legler addressed the Board concerning the proposed
construction of a sewer and drain to serve the Sackett Circle area. At
the conclusion of the discussion P,ir. Legler stated that he would take up
with ?,Tr. C. N. -koody, the developer of Rouken Glen, the matter of obtain-
ing the necessary additional width for Sackett Drive which leads into
Sackett Circle.
8
There being no other persons present who desired to address the
Board the regular order of business was resumed,
Mr. Bates reported on sewer matters . He stated that he had
again called on DtIr< 'William Bender of 109 N. Chatsworth Avenue and that
again he had not found him at home and that he would try once more to get
in touch with him concerning the sewer condition of which he had complained®
Vr, Bates reported that he, together with IMr. Foote, had in-
vestigated the storm water situation on the property of Miss Caroline .Funk,
which matter had been referred to him at the meeting on September 16, 1936,
_i and that in their opinion the condition complained of was not the fault of
the Town.
The minutes of the meetings of September 16, 1936, and October 7,
1936, were approved as printed.
Mr. Brennan reported on behalf of the special coniiittee consist-
ing of himself and ,4r. ;eginniss to which had been referred with power the
matter of opening bids and awarding a contract for the removal of the
machinery, iron work, etc. at the unused Town disposal plant. He stated
that the contract had been awarded by the committee to the highest bidder,
namely, Mir. Theodore Anderson of Marnaroneck.
Mr. Brennan reported on the request of IMr. Robert ANoelfel of
60 Ed.gewood Avenue that a street lighting pole be moved from in front of
his property. After discussion the matter was referred back to Itir. Brennan
for further investigation and report.
Stir. Griffin reported on park matters. Ile stated that the Park
Department was operating within its budget and that the planting of the
island in the center of Larchmont Gardens Lake ( Sheldrake Lake) had been
completed.
Ivlr. Yriffin reported on welfare matters, stating that the number
of cases on relief for the month of September was 289 corn-oared with 230
in the month of August, but that the amount expended in September was only
"9, 740 as aPainst ",;,10, 412 in the month of August.
14r. Griffin presented on behalf of the committee consisting of
1vlr. IMeginniss, Mr. Brennan and himself as chairman, which committee was
appointed by the Town ,Board on August 12, 1936, the report of the committee
concerning the acquisition of rights-of-way for that portion of County
Road 67-2 which lies within the unincorporated section of the Town of ;Mama-
roneck. The report stated that in view of the uncertainty which exists
as to the ownership of the land, the committee unanimously recommends that
the Town Attorney be authorized forthwith to commence conderuzation pro-
ceedings. The report of the committee was unanimously ordered spread on
the minutes as follows:
October 14th, 1936
Torun Board of the Torun of I.-Iamaroneck
Mamaroneck, New York
Gentlemen;
Your Committee appointed at the meeting of this Board,
held august 12th, 1936, for the purpose of negotiating with the
owners of property to be acquired for the County Road 67-2 by the
Town, desires to make the following report :
The Committee conferred with the Town Attorney and was
informed that according to a certificate issued by the Title
Guarantee and Trust Company, the ownership of the property is the
subject of conflicting claims and the Title Company will not in-
sure the property except upon release from I:,Iary E. Ravenscroft,
Lillian E. Ravenscroft, Clara L. Ravenscroft, Blanche E. Haberkorn
and Sadie C. Sheppard as legatees and devisees named in the bJill
of Sarah C. Sull,;in, the Winfield S. Spencer Realty Company,
Fine Brook Syndicate, inc. and Guy Vroman and in addition, their
certificate shows that the heirs of one Oliver Belley may have some
claim or right to this property. The names in this last mentioned
class of persons are unknown to the Title Company and for this
reason the Title Company will insure only through a condemnation
proceeding in which any award which the commissioners may make is
to be deposited in court. In addition to the above, one Joseph
M. Baum has an unsatisfied judgment against the Sullwin heirs, which
is a lien against any interest which they may have,
The Committee obtained an appraisal of the property
from Thomas B. Sutton, for the purpose of informing themselves as
to the value of the same.
Your Committee, thereafter, on August 20th, 1936, addressed
letters to the Sullwin heirs, the Winfield S. Spencer Realty Company,
Pine Brook Syndicate, Inc. , Guy Vroman and Joseph I . Baum, advising
them of the fact that the Title Guarantee Company refuses to insure
except through condemnation or upon release of all persons interested
and that the property can be purchased only through a conveyance
which the Title Company will insure. The letters were addressed to
the Sullwin heirs at the last known address and those directed to
Blanche E. Haberkorn and Sadie C. Sheppard were returned, undelivered®
Clara L. Ravenscroft and Lillian A. Ravenscroft appeared and conferred
with the Town Attorney regarding their title and he further explained
to them the difficulties which exist with regard to the conveyance
of this property. A letter was received from A. Spencer Willing on
behalf of the Winfield S. Spencer Realty Company and the Town Attorney
also discussed the situation with the attorneys for this company.
These owners exuressed themselves as being satisfied with the valua-
tion placed upon the property by Mr. Thomas B. Sutton, in the apprais-
al which he made at the request of the Committee. No reply whatever
was received from either Guy Vroman or the Pine Brook Syndicate.
A letter was received from Koback and Chase on behalf of
Joseph K. Baum, stating that he had an interest in the property
as a judgment creditor against Blanche Haberkorn, salary Ravenscroft,
Clara L. Ravenscroft, Sadie Sheppard and Lillian E. Ravenscroft,
and in addition a retainer as attorney for the aforesaid to the
extent of 10i of the price that will be paid to the aforesaid for
the real estate involved, notice of which he served upon the
Honorable Ralph A. Gamble, formerly Town Attorney.
Under the circumstances, your Committee recommends to
this Board that the Town Attorney be authorized forthwith to com-
mence condemnation proceedings.
Edward B. Leginniss
Edward C. Griffin, Chairman
Henry D. Brennan
On motion by Or. Bates, seconded by Mr. Brennan, it was
unanimously resolved
WHEREAS a committee heretofore appointed by this Board at
its meeting duly held August 12th, has made its report
stating their inability to purchase the property required
for the rights-of-way which the Town of Mamaroneck must
acquire for the construction of County Road 67-II and from
which it appears that the title to such land is the subject
of conflicting claims,
RESOLVED that the '=own of L'lamaroneck acquire by condemna-
tion proceedings and the appointment of commissioners
of appraisal as provided by lava, the following property.
PARCEL I as shown on Map 7a prepared by the County
Engineer of Westchester County, dated June 19th,
1930, more particularly described as follows:
287
ALL that niece or parcel of land situate in the
Town of 1.1amaroneck, County of 'Westchester, State
of New York, as shown on the map above and described
as follows:
BEGINNING at a point in the division line
between the lands of Ferdinand Fish on the east
and Spencer Realty Company on the west which point
is 41 Peet more or less distant southeasterly
measured at right angles from Station P 72 plus 61
more or less of the hereinafter described survey
base line for the construction of parallel route
of Boston Post Road, County Road 67-II, thence in
a straight line S. 580 511 10" Vd. a distance of
178.00 feet to a ;point in the division line between
the lands of the Spencer Realty Company in the Town
of .ivIamaroneck on the east and the Spencer Realty
Company in the City of New Rochelle on the west,
thence along the last mentioned division line N. 10
211 101r E. a distance of 71.14 feet, thence in a
straight line N. 580 511 10" E. a distance of 189.89
feet to a point in the first mentioned division line,
thence along the said division line S. 80 431 20" VV.
a distance of 78.18 feet to the point or place of
beginning, containing 0.2534 acres more or less.
The above mentioned survey base line is a
portion of the survey base line for the construction
of parallel route of Boston Post Road, County Road
67-II, Town of INIamaroneck, described above as shown
on a map on Pile in the office of the County Engineer
and is described as follows: BEGINNING at Station P 71
plus 21.60, thence N. 610 481 33" E. to Station P. 74
plus 02. 05, all of which is shown on the map above,
together with a permit to maintain the necessary -slopes
within the limits noted as "permit line on the above
mapP1.
PARCEL II as shown on slap 35 made by the County
Engineer of Westchester County dated June 18th, 1930,
more particularly described as follows:
ALL that piece or parcel of land situate in the Town
of Mamaroneck County of 10festchester, State of New
York, as shown on map above and described as follows:
BEGINNING at a point in the division line between
the lands of Ferdinand Fish on the Fast and Spencer
Realty Company on the ',Vest which point is 41 feet more
or less distant southeasterly measured at right angles
from Station P 72 plus 81 more or less of the hereinafter
described survey base line for the construction of
parallel route of Boston Post Road, County Road 67-II,
thence in a straight line N. 580 511 10" E. a distance
of 93.05 feet, thence on a curve to the right having a
radius of 25.00 feet a central of 1270 501 50" and a
length of 35. 78 feet to a point in the westerly boundary
line of Echo Drive, thence along the aforementioned
westerly boundary line of Echo Drive, N. 60 421 00"
a distance of 139.31 feet, thence on a curve to the
right having a radius of 25. 00 feet a central angle of
52 091 10" and a length of 22. 76 feet, thence in a
straight line S. 580 511 10" W. a distance of 128.40
feet to a point in the aforementioned division line,
thence S. 80 431 20" 'K. a distance of 78.18 feet to
the point or place of beginning, containing 0.2100
acres more or less.
The above mentioned survey base line is a portion
of the survey base line for the construction of parallel
route of the Boston Post Road, County Road 67-II Town
of 7,Iamaroneck, described above as shown on a map on file
in the office of the County Engineer and is described as
follows: BEGINNING at Station P 71 plus 21. 60, thence
N. 610 48' 33t° E. to station P 74 plus 02.05 all of
which is shown on the map above, together with a permit
to maintain the necessary slopes within the limits noted
as tipermit line on the above map".
FURTHER RESOLVED that the Supervisor be authorized to
sign petition in condemnation in the name of this Board
and that the Town Attorney be instructed and authorized
forthwith to commence and carry through condemnation
proceedings for the purpose of acquiring the property
above described.
The Town Attorney reported that at the request of bond dealers
who desired to bid on the bonds which would be offered for sale on
October 15, 1936, the Town Clerk had caused a corrected notice of sale
of the $45, 000 Highway Bonds of 1936 and the $36, 000 Water Distribution
System Bonds to be published. The correction consisted in offering the
two issues for sale at one time instead of individually, in accordance
with the resolution adopted by the Board at a previous meeting.
Councilman Ieginniss, introduced the following resolution:
RESOLVED BY THE TOI'M BOARD OF THE TOtiIN OF `LWI ARONECK,
IN THE COUNTY OF "1MESTCHESTER, NEW YORK, as follows:
Section 1. The acts of the Clerk in causing a
corrected notice of sale for the $45, 000 Highway Bonds
of 1936 and the $ 36,000 `4later Distribution System Bonds
to be published, in substantially the form hereinafter
set forth, are hereby in all respects ratified, approved
and confirmed:
TOVVIV OF IvLML4,RONECK, NEW YORK
CORRECTED
NOTICE OF SALE
845, 000 Highway Bonds of 1936.
836,000 Water Distribution System Bonds .
The Town Board of the Town of Mamaroneck, in the
County of Westchester, New York, will receive bids at the
Town Offices, 158 `)'lest Boston Post Road, in the Village of
11amaroneck, in said Town, OCTOBER 15, 19363 at 1: 30 o' clock
P. M. (Eastern Standard Time ) for the following bonds:
$45,000 par value Highway Bonds of 1936, of said
Town, dated October 1, 1936, maturing 5,2000 annually
October 1, 1937 to 1951, both inclusive, and X3000 annually
October 1, 1952 to 1956, both inclusive; denomination ;;1,000;
coupon in form, registerable as to both principal and interest;
purpose, to pay for the cost of acquisition of rights-of-.Nay
for highways charged to the Town by the County of VPestchester.
$36,000 par value Water Distribution System Bonds
of said Town, dated October 1, 1936, maturing $1,000 annually
October 1, 1938 to 1973, both inclusive; denomination $1,000;
coupon in form, registerable as to both principal and interest;
purpose, for the extension of the water distribution system
in said Town.
Principal and semi-annual interest April 1 and
October 1, payable in lawful money of the United States of
America, at the office of The National City Bank of New York,
in the City, County and State of New York.
Bidders are requested to name the rate of interest
to be borne by each of the several issues of bonds included
in this sale, stated in a multiple of one-quarter or one-
tenth of one per centum, but not exceeding six per centum
( 6%) per annum. Bidders will be permitted to name different
rates for the different issues of bonds but not more than one
�t
rate for any one issue. Unless all bids are rejected, all
the bonds will be awarded to the bidder offering such rate or
rates as will produce the lowest interest cost to the
municioality over the life of the bonds, after deducting the
premium offered, if any.
No bid will be accepted for separate issues or separate
maturities, or at less than the par value of the bonds, or
unless accompanied by a certified check or bank draft upon
an incorporated bank or trust company, payable to the order
of the "Town of Mamaroneck, New York", for $1620.00 being
two per centum Mfl of the amount of the bonds. No interest
,,,rill be allowed upon such check or draft. Checks of un-
successful bidders will be returned promptly. The check of
the successful bidder will be retained to be applied in part
payment for the bonds or to secure the 'Town against any loss
resulting from the failure of the bidder to comply with the
terms of his bid.
The Town operates under the Town Law, constituting
Chapter 62 of the Consolidated Laws of the State of New
York. The proposed Highway Bonds of 1936 are authorized
by the Fight^ray Law, constituting Chapter 25, of the
Consolidated Laws, and Chapter 30 and 707 of the Laws of
1936, and the proposed 'dilater Distribution System Bonds
are authorized by Chapter 654 of the Laws of 1927, as
amended.
All proposals together with check or draft must be
enclosed in a sealed envelope endorsed ''Proposal for Bonds"
and directed to Mr. I.Valter R. Marvin, Town Clerk, Pliamaroneck,
New York.
The right is reserved to reject any or all bids.
The bonds will be valid and legally binding obligations
of the Town, and all the taxable property* within said
Town will be subject to the levy of ad valorem taxes to
pay said bonds and interest thereon, without limitation of
rate or amount . The approving opinion of ,lessrs.. Clay,
Dillon and Vandewater, Attorneys of New York City, will be
furnished as to the -Water Distribution System Bonds, and
the approving opinion of 1,1essrs. Hawkins, Delafield and
Longfellow, Attorneys of New York City, will be furnished
as to the ighway Bonds of 1930.
FINA2vCIAL STAT III;:ENT
1. Assessed valuations, real property
including special franchises. . . . . . . . . . . . .$` 82, 532,010.00
2. Total bonded debt, including these
issues. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45537, 500.00
(The above statement of bonded debt does
not include the debt of any other sub-
division having power to levy taxes
upon any or all of the property subject
to the taxing power of the Town) .
3. Population, 1930
Federal Census -
199040.
Amount
of such taxes Amount of such taxes
Amount of Last Four
uncollected
at end
uncollected as of
Year
Preceding Tax Levies
of
fiscal year
September 15, 1936.
1933
q$
795, 541. 70
q
2049999.03
16, 500. 97
1934
116873939.48
418, 353.85
64, 286.23
1935
895, 655.40
s;;
1605168.73
30, 368.49
1936
`i�
1, 0391513.22
-
185, 216.24
M
A detailed report of the essential facts as to the financial
situation of the Town will be submitted to any interested
bidder.
DATED: OCTOBER 3. 1936.
WALTER R. HARVIN
Town Clerk
Section 2. This resolution shall take effect
immediately, shall be effective notwithstanding any in-
consistent provision contained in any previous resolution
of this Board, and shall constitute authorization by this
Board for the sale of said bonds in the manner described.
in said corrected notice of sale.
On motion of Councilman Ileginniss, seconded by Councilman
Brennan, the foregoing resolution was adopted by the following vote:
AYES: Supervisor McCulloch
Councilmen Bates, Brennan, Griffin,
Iieginniss
NAYS . None
At this point iir. Bates at his request was excused from the
meeting.
Hr. Griffin on behalf of the committee appointed by the
Supervisor at its meeting on October 7, 1936, moved and sir. Brennan
seconded the following resolution which was unanimously adopted by a
rising vote, to wit:
IEREAS, the Town Hoard of Irlamaroneck wishes to
express to their fellow member, Lr. George V. Bates,
their profound sorrow in the death of his wife
BE IT RESOLVED, that we record our sincere sympathy
and sorrow in this incomparable loss to him of his
wife
One, who by her charming personality, her interest
in his daily life and in the affairs of this
municipality, a faithful mother and companion, a
lady of a kindly lovable nature and high character,
whose memory will ever live in the hearts of her
-many friends.
NO`'r, TITii;REFORE, BE IT
FURTHER RESOLVED, that we extend to him and his
family our heartfelt sympathy in their great bereavement
and that this resolution be spread upon the minutes
of the Board and a copy prepared and sent to I<ir. Bates.
Town Attorney Delius submitted the following resolution, which
was moved by 1dr. �ieginniss, seconded by 1:4r. Griffin, and unanimously
adopted, to wit:
WHEREAS this Board heretofore and on the 1st day of
September, 1936, adopted a resolution . or order requiring
a_ public hearing to be held pursuant to Section 199 of
the Town Law, upon petition duly made and filed., pursuant
to Section 199 of the Town Law, for the construction of
a lateral sewer in or under Carleon Avenue or the proposed
extension thereof; and
'NHEREAS notice of the adoption of said resolution or order
has been duly published and posted by the Town Clerk as
provided by Section 193 of the Town Law and a copy of such
notice sent to all public service corporations whose names
appear on the assessment roll of the Town of viamaroneck;
and
WHEREAS at the time and place stated in said notice, to wit,
the 7th of October, 1936 at 8 o ' clock, such hearing was duly
held at the Torn Office, 158 ','nest Boston Post Road, in the
Village of -Mamaroneck, and no one appeared in opposition
to the construction of such lateral sewer as proposed in
said. petition
RESOLVED that the Board hereby determines that a lateral
sewer shall be constructed in Carleon Avenue for a
distance of 100 feet from the present sewer man-hole
in Carlson Avenue, easterly toward leaver Street;
FURTHER RESOLVED that the Town Engineer proceed to
make definite plans and specifications and a careful
estimate of the expense of the construction of such
sewer and with the assistance of the Town. Attorney,
prepare the proposed contract for the execution of
said work and submit the same to this Board as soon
as conveniently possible.
Town Attorney Delius submitted the following resolution which
was moved by Mir. Brennan, seconded by Mir. Griffin and unanimously adopted
to wit:
WHEREAS application has been made to the Town Board
of the Town of Mamaroneck by Bernacchia Bros. , Inc.
for the operation of omnibuses over certain streets,
avenues and highways in said Town; and
WHEREAS after due notice a public hearing was held
on said application to the said Town Board on the
7th day of October, 1936, at 8 o' clock P. 14.
NO-W, THEREFORE, BE IT
RESOLVED, that the Town Board of the Town of 1:4amaroneck,
hereinafter called the Board, pursuant to the provisions
of Sections 66 and 67 of the Transportation Corporations
Law, consents that the said Bernacchia Bros. , Inc. , herein-
after called the company subject to the provisions, condi-
tions, requirements and limitations hereinafter set forth,
may maintain and operate motorbuses and omnibuses for the
transportation of passengers and property in, upon and along
and across the following named streets, avenues, highways
or portions thereof, in the Town of 1,19maroneck, as follows,
to wit :
BEGINNING at the westerly boundary
line of the Town of Mamaroneck and
the easterly boundary line of the
City of New Rochelle on the highway
known as the Boston Post Road, thence
easterly on said Boston Post Road
approximately 1300 feet to the west-
erly, boundary line of the Village of
Larchmont (at or about Deane Place)
_
And returning over the same streets,
avenues and highways to the point or
- place of beginning.
BEGINNING at the easterly boundary
line of the Village oflLarchmont on
the highway known as the Boston Post
Road, at or near Nassau Road, thence
easterly approximately 2690 feet along
the said Boston Post Road to the west-
erly boundary line of the Village of
Iulamarone ck
And returning over the same streets,
avenues and 'highways to the point or
place of beginning, the same being
part of a through route from the City
of Yonkers to the Westchester County
Park Reservation known as Playland.
FURTHER RESOLVED, that this consent is subject
to the following terms, conditions, requirements
and limitations:
1. Nothing in this consent shall be deemed to
grant or authorize any exclusive right.
2. The company shall obtain a certificate of
convenience and necessity from the Public
Service Commission of the State of New York.
3. Nothing herein contained shall be construed
as permitting the company to take or discharge
passengers within the Town of Mamaroneck at
any point along the route as hereinabove described.
4. This consent shall not be assigned or transferred,
either in whole or in part, or leased, sublet, or
mortgaged in any manner, nor shall title thereto,
either legal or equitable, or any right, interest
or property therein, pass to, or vest in any other
person or corporation whatsoever, either by the act
of the company or by operation of law, whether under
the provisions of the statutes relating to the con-
solidation or merger of corporations or otherwise,
without the consent of the Town evidenced by an
instrument, under seal, anything herein contained
to the contrary thereof in any wise notwithstanding;
and the granting, giving or waiving of any one or
more of such consents shall not render unnecessary
any subsequent consent or consents, and no assignment,
lease, sublease or mortgage of this consent, or of
any part thereof or interest therein or of the route
or routes mentioned herein, or of any part thereof,
shall be valid or effective for any purpose unless
the said assignment, lease, sublease or mortgage
shall contain a covenant on the part of the assignee,
lessee or mortgagee that the same is subject to all
the provisions, conditions and limitations of this
consent, and that the assignee, lessee or mortgagee
assumes and will be bound by all of said provisions,
conditions and limitations and especially said
conditions prohibiting the taking or discharging of
passengers in the Town of i.iamaroneck, anything in
any statute or in the charter of such assignee or
lessee to the contrary notwithstanding, and that the
said assignee, lessee, or mortgagee waives any more
favorable conditions created by such statute or its
charter, and that it will not claim by reason thereof,
or otherwise, exemption from liability to perform each
and all of the conditions of this consent.
5. The company shall at all times during the term of this
consent operate over the routes herein described only
the highest type of modern city buses which shall be
equally as good as those now in operation under existing
consents.
6. (a) All vehicles which may be operated pursuant to
this consent shall be propelled by power generated
or contained within the vehicle itself or by storage
battery, but no power shall be used which will in its
generation or use produce smoke or noxious odors
sufficient in the opinion of the Town Board of the Town
to constitute a nuisance.
M-
(b) Before any motor bus or omnibus, of a type
different from the buses now operated by the company
is put in service, it must be submitted to the Town
Board and likewise the plans and specifications
thereof must be so submitted, together with a notice
of the time and place when the company will apply to
the Public Service Commission for approval of such
motor bus or omnibus and also such plans and specifi-
cations, =which submission to the Town must be made
at least ten days prior to the time when such application
is to be made to the Public Service Commission, and no
such motor bus or omnibus shall be put in service unless
and until the Public Service Commission has approved the
same and such plans and specifications. 'udhen motor buses
of the same type, plan and specifications are to be used
the submission of one bus and the general plans and
specifications thereof shall be sufficient. If after a
motor bus or omnibus shall have been so approved, defects
develop which render it unsuitable for public service, then
the Town may ( subject to review by the Public Service
Commission) require the withdrawal of such bus from service
and upon such notice so to do the company shall forthwith with-
draw from service such bus so disapproved pending the review
thereof, if any, by the Public Service Commission.
7. All vehicles which may be operated pursuant 'to this
consent shall be so constructed that oil and grease
cannot drop on the roadway. The maximum width shall
not exceed eight feet over all. No double deck vehicle
shall be operated without the consent of the Town. Each
omnibus shall be equipped at all times with a hand chemical
fireextinguisher in good working condition and accessible
and 'ready for use at all times. They shall beequipped with
pneumatic tires, all other types, kinds and forms of tires
being prohibited. All buses must be fitted with brakes
capable of stopping and holding the same under all conditions.
The distribution of the weight on axles, length of w'_neel base
and other features of design shall be such as to avoid skidding
as far as possible and shall be such as to permit easy steering
and control. The gasoline tank shall be located entirely
outside the body of the bus with an inlet for filling, which
shall permit filling from the outside exclusively. The outlet
of the exhaust shall be located beyond the rear line of the
body of the bus. Each bus shall have an emergency exit door
located at the opposite end of the bus body from the regularly
used entrance and exit, which emergency door shall be securely
fastened in a manner which will prevent it being opened except
when opened for emergency purposes.
B. All vehicles operated pursuant to this consent shall conform
in all particulars with the requirements herein contained
and shall be maintained in good and safe repair and in a
manner which will in all ways and at all times render the
vehicles fit for public service. The company shall permit
the Town Board to inspect at all reasonable times any or all
the vehicles used by the company or upon order of the Town.
Board shall submit any such vehicle to the Town 1'3oard. for
inspection. If, upon inspection, any vehicle shall be unfit
for public service, then the company shall upon notice, im-
mediately withdraw such vehicle from service and shall cause
it to conform with the requirements of the Town Board or shall
remedy the defect before such vehicle shall be restored to
service.
All employees of the company while in service on any
motor bus or omnibus shall be in uniform and neat and
tidy in appearance.
All buses must be kept at all times well painted,
neat and clean.
The driver of a bus must not operate a bus to which
a trailer is attached.
1
301
The company shall not allow its operators to
smoke or light a match while in or upon a bus,
or to drink intoxicating liquors while on duty.
No person shall operate any motor bus under this
consent unless he shall be duly licensed under the
laws of the State of New York to operate the same.
No person shall operate a bus who has, to the knowledge
of the company, been convicted of a felony or who has
been convicted more than twice of any charge of reckless
driving or violation of the Highway Law, or the Vehicle
and Traffic Law or the Ordinances of the Town or who
is not of good moral character.
9. All laws and ordinances affecting the operation of motor
buses or omnibuses and all traffic regulations applicable
thereto now in force or which may be in force in the
Town during the term of this consent shall be complied
with by the company. The company shall also comply with
and enforce the carrying out of any orders or regulations
which may be issued by the Town designed for the protection
and safety of persons or property or for the comfort, health
or convenience of the public.
10. In case of any violation or breach or failure to comply
with any of the provisions, conditions or limitations
herein contained or with any orders of the Town Board,
acting under the powers granted by law or herein reserved,
this consent may be declared cancelled and revoked by
said Town Board provided, however, that such action by
the Town Board shall not be taken until it shall give
notice to the company to appear before it on a certain day
not _less than ten days after the date of such notice to
show cause why this consent should not be cancelled and
revoked. After such notice and opportunity to be heard,
even in case the company shall fail to appear, action
may be taken by the Town, forthwith.
11. The company shall assume all liability for damage to
persons or property occasioned by reason of the operation
or maintenance of the motor bus or omnibus route or
routes herein mentioned, and it is a condition of this
consent that the Town shall be under no liability
whatsoever either to persons or -property on account of
the same, and the company shall fully indemnify and
repay to the Town any damages, costs and or expenses
which the Town shall be compelled to pay by reason of any
acts or defaults of the company.
The company shall take out and at all times during
the term of this consent maintain in full force and
effect public liability insurance satisfactory to the
Town Board as to form and sufficiency, at least �S50/100, 000
for each bus, or provide self insurance or bonds or other
assurance, in such amount and in such forfa as may be fixed
or approved by the Public Service Coranission or other public
body upon which the power to regulate and prescribe in
respect thereto is at present or may hereafter be conferred
by the laws of the State of New York, and conditioned for
the payment of all judgments that may be recovered by any
person or persons on account of the operation by the company
of its buses. Policies evidencing such insurance shall
be exhibited to the Town on demand and certificates thereof
shall be filed with the Town Clerk.
12, The company promises, covenants and agrees on its part
and behalf to conform to and abide by and perfonn all
of the terms, conditions and requirements in this consent .
fixed and contained, and the company hereby expressl7r
waives any and. all objections as to the reasonableness or
303
legality of any of the provisions of this consent or any
part thereof or as to any legal right or authority of
the Town to impose any terms and conditions herein contained,
and the company will not at any future time set up as against
the Town the claim that any of the provisions of this consent
are ultra vires, unreasonable or void,
13. The company agrees that it shall not acquire or claim any
vested right hereunder but that the foregoing instrument
?- shall be construed as a consent under the provisions of
Sections 66 and 67 of the Transportation Corporations Law
j of the State of New York and -revocable by the Town according
to the terms and conditions herein expressed.
Town Attorney Delius re_oorted to the Board that he had conferred
with the attorneys for The Chase National Bank of the City of New York
as Executor of the Estate of Mary C. 'iVilcox, deceased, concerning the
certiorari proceedings instituted by said bank to review the assessments
on property 'mown as the Victoria motel property in the Village of Larch-
mont made in the years 1933, 1934 and 1935, and recommended that the action
be compromised and discontinued. He stated that all the taxes on the
property in question had been paid.
On motion by Mr. Griffin, seconded by Mr. P�eginniss, it was
upon roll call unanimously
RESOLVED that the Town Attorney be authorized to settle
the three certiorari proceedings now pending in the
Supreme Court, in which The Chase S'ational Bank of the
City of New York as Executor of the estate of Mary C.
11ilcox, deceased, seeks to review the assessments on
property generally known as the Victoria Hotel property
in the Village of Larchmont made in the year 1933 for
the 1934 taxes, in the year 1934 for the 1935 taxes, and
in the year 1935 for the 1936 taxes, by allowing the
following reductions in assessed value, with respect to
the following property as described on the Assessment
Rolls of the Town of Mamaroneck:
1933
Block 79, Sec. 7
Assessed Value Granted
Lot Land Building Total Land Building Total
6D, 7,8B Cottage ,
5B16B 10,000: 103000 20,000 9,100 500 : 9,600:
8A, 5C Cottage .
6C94C 141000: 10,000 : 24,000 9, 625 : 500 :10, 125:
llA,12 :Flint Cottage ,
13A 15, 000:15, 000 30,000 : 253150 : 65000 : 315150:
13B,14 Hotel ,
15, 9 31,000: 804000 : 111,000 : 15,780 15,000 - 30,780.
70, 000: 115,000 : 185,000 : ::595655 : 22,000 :81, 655:
1934
6D,718B Cottage ,
5B56B 10, 000: 2, 500 : 121500 : 9, 100 : 500 : 9,600:
BA15C Cottage ,
6C, 4C 14,000: 2, 500 : 16, 500 : 9, 625 500 : 10, 125:
llA,12 :Flint Cottage
134 15, 000: 10,000 e 25, 000 25,150 e 6,000 : 312150:
13B,14 Hotel
1599 31,00_0: 50,000 :_81 000 15,780 : 11, 500 : 27280:
70,000: 65,000 : 135, 000 a,59, 655 : 18, 500 : 78,155:
305
I
1935
Block 79, Sec. 7
Assessed Value Granted
Lot Land Building Total Land Building Total
. .
6D,7,SB : Cottage :
5B,6B 10, 500: 2,500 : 13,000: 9,100 # 9,100
8A, 5C : Cottage :
6C, 4C 12, 500: 2, 500 : 15,000: 9,625 : 9, 625
11A212 :Flint Cottage
13A 152000: 8 9 000 : 235000: 25,150 : 6!000 : 31,150 m
15B314 : Hotel
15, 9 27, 500: 35,000 : 62, 500: 15. 780 # : 15, 780
653500: 48,000 : 1133500:*592655 : 6,000 655655
Value as fixed by the Board of Assessors for the assessment
of June 1st, 1936.
The permit to demolish these buildings was issued iiay lst,
1935, and the demolition was commenced before June 1st, 1935.
FURT-HER RESOLVED that the Town Attorney is authorized to
stipulate with the owners of said property or their
attorneys for the entry of an order of the Supreme Court
authorizing such reductions and providing for the refund
of any excess taxes paid for the years 1934-1936 inclusive
by the Board of Supervisors of tuestchester County and the
Trustees of Union Free School District Igo. 1 of the Town
of Mamaroneck as orovided in Section 296 of the Tax Law
of the State of Slew York.
A petition dated October 61 1936, was received from Assessor
Smith for the correction of the assessment roll so as to permit the
apportionment of certain taxes. The Town Attorney recommended approval
of the petition.
On motion by klr. Brennan, seconded by IT..rm Griffin, it was
unanimously
RESOLVED,1,151EREAS the Assessor has presented a petition
dated October 6, 1936, for the correction of the assess-
ment roll for the year 1935, taxes of 1936, pursuant to
the provisions of Section 33 of Chanter 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;
NO iV,
THEREFORE, BE TT
RESOLVED that the assessment roll for the year 1935,
taxes of 1936, which shows property now appearing
on the rolls as follows:
Assessed Value
Sec. Blk. Lot Owner Land Imp. Total
4 26 85 9, 10 Ella Duib an . 7, 500 $8,200 €15, 700
be corrected as follows, in accordance with the provisions
of Subdivision 5 of said Section 33:
Sec. Blk. Lot Owner Land Improvement Total
i
4 26 8 Sara Lee $2,500 - $2, 500
4 26 92 10 Ella Duignan 52000 8,200 13, 200
307
FURTHER RESOLVED that the assessment roll for the year 1935,
taxes of 1936, which shows property now appearing on the
rolls as follows:
Sec. Blk. Lot Owner Land Improvement Total
7 44 4,5 Anna M. Stevens 6, 000 $12,000 4189000
7 44 6 it ° 3,000 - 32000
be corrected as follows, in accordance with the provisions
of Subdivision 5 of said Section 33:
Sec. Blk. Lot Owner Land Improvement Total
7 44 4, 5A Mary A. Rose $41400 412, 000 416,400
7 44 5B, 6 Holly Drive Corp. 4,600 - 4, 600
FtiRTHER RESOLVED that the assessment roll for the
year 1935, taxes of 1936, which shoves property now
appearing on the rolls as follows:
Sec. Blk. Lot Owner Land Improvement Total
2 91 15116 Philip P. Stouter & K 43, 500 - 4 3, 500
be corrected as follows, in accordance with the
provisions of Subdivision 5 of Section 33:
Sec. Blk. Lot Owner Land Total
2 9I 15 Philip P. Stouter L ",V 41,750 41, 750
2 91 16 Irvin_; Merrill 11750 1, 750
The Town Attorney informed the Board that in connection with
the matter of straightening the street line of Rockland Avenue so as to
eliminate a curve, he had received a deed from Knud and Asta Engelsted,
owners of property adjoining, conveying to the Town for the sun of one
dollar- (41. 00) part of the land necessary for the improvement.
On motion by Mr. Griffin, seconded by Mr. Brennan, it was
unanimously
RESOLVED, 1,11HEREAS, in the construction and paving of
Rockland Avenue, and in particular at the line of
property on the southerly side thereof now owned by
Knud Engelsted, herein more particularly described,
there remained a piece or gore of land between the pro-
perty line and the actual physical line of the street; and
WHEREAS, the said Kr_ud Engelsted has constructed uoon
a part of said land a dwelling house and graded the
property in such a manner as to create a condition
giving no easement of access from said house and lot
to the street as physically constructed and paved; and
111HLREAS, in connection with the sale of said property
by Knud Engelsted and Asta Engelsted, the said Knud
Engelsted and wife have offered to dedicate to the
Town the gore or piece of land between the actual
physical line of Rockland Avenue and the property as
built upon and graded so as to give an easement of
access to the street; and
WHEREAS, the Superintendent of Highways has recommended
that it be accepted and the Town Attorney has prepared
a deed which said Engelsted and wife have executed and
delivered to the Town;
NOtiV, THEREFORE, BE IT
II
309
RESOLVED, that the Town of Mamaroneck do and it Hereby
does accept the aforesaid offer of dedication made by
Knud Engelsted and Asta Engelsted, his wife, and hereby
accepts as a portion of Rockland Avenue the following
described property, to wit;
ALL those certain portions or parcels of land
situate in the Town of 11araaroneck and shown on two maps,
both entitled "Map of Property in the Town of Mamaroneck,
- Westchester County, New York, to be released to the Town
of Mamaroneck for Highway purposes by Knud Engelsted
dated May 21, 1936 and made by A. J. Foote, Engineer
which maps are intended to be filed in the office of the
Register of ',uestchester County simultaneously with the
recording of this conveyance and which are bounded and
described as follows, respectively:
PARCEL I
BEGINNING at a point on the Southerly side of Rockland
Avenue said point being 365.01 feet Southeasterly from the
Easterly line of Colonial Park as shown on "Revised 1Vap of
Colonial Park" and. filed. in the office of the Register of
Nestchester County or, August 31, 1925 as R. 0. Ito. 2879;
running thence through land of Knud Engelsted and at right
angles to said Southerly line of Rockland Avenue S. 90-131 -4010
W. 1.35 feet to a point on a proposed new line of Rockland
Avenue, thence along proposed new line S. 810-281 -30" E. 62.00
feet to still another point on said proposed new line, thence
through land of Knud Engelsted N. 90-131 -40" E. 0.59 feet
to the said Southerly side of Rockland Avenue; thence along
the Southerly side of Rockland Avenue, N. 800-461 -2011 IN. 62.01
feet to the point or place of beginning, said parcel contain-
inS 59.87 square feet.
PARCEL II
BEGINNING at a point on the Southerly side of Rockland
Avenue said point being 427.01 feet Southeasterly from
the Easterly line of Colonial Park as shown on "'Revised Map
of Colonial Park`` and filed in the office of the Register
of Vlestchester County, August 31, 1925 as R. 0. lTo. 2879
running thence through land of Knud Engelsted S. 90-131 -40F1
N. 0. 59 feet to a point on a proposed new widening line of
Rockland Avenue; thence along said widening line S. 810-28" -3017
E. 21.58 feet to a point of curve or proposed widening line;
thence on a curve deflecting to the .right of radius 270.00
feet, a distance of 118.42 feet as measured along the arc of
the curve to a point of tangency on said widening line, thence
through land of said Engelsted N. 450-221 -29" E. -4. 48 feet
to a point on the Southerly side of Rockland Avenue; thence
along the Southerly side of Rockland Avenue the followd*=
courses and d;_stances, N. 500-081 -50"' NJ. 40. 95 feet, N. 800-460 -20"
�. 103.95 feet to the point or place of beginning containing
618.24 square feet.
and be it
FURT?EER RESOLVED, that the riatter of recording this deed
in the office of the Register of Deeds be and it hereby
is referred to the Toy-,lrn Attorney.
The Town Attorney presented a letter dated October 2, 1936,
vnich he had received from Dunlap, Otto w 1,IcGovern, attorneys of Nets,,
Rochelle, requesting that permission be granted to their clients, DIr. and
Mrs. James McCullough, to pay certain taxes for a year prior to 1916
without interest. The Torm Attorney 'recommended approval of the request.
On motion by fir. ivleginniss, seconded by 1,41r. Griffin, it was
unanimously
Ili
311
RESOLVED that the Receiver of Taxes and Assessments
be and he hereby is authorized, empowered and directed
to accept payment of the tax for the year 1904, sale
of 1905, on Section 5, Block 16, Lot 6, without interest,
provided that payment be made within thirty days.
The Town Attorney reported that he had. received a letter dated
October 10, 1936, from the Westchester Tax Bureau, requesting permission
to pay taxes for the years 1915 and 1916, sales of 1916 and 1917, on
Section 1, Block 50, Lots 15 and 16 without interest.
i On motion by '4r. Griffin, seconded by 1dr. Brennan, it was
unanimously
RESOLVED that the request above set forth be and it
hereby is denied.
The Town Attorney inquired if the Board desired to spend the
money necessary to obtain, if possible, expert testimony in connection
with the Leone re-zoning case. The Board directed him to report at the
next meeting as to the possibility of obtaining the services of the
necessary e_.perts to sustain the denial of the issuance of a building
permit as voted by the .3oard of Appeals (for Zoning) , which denial is
now being attacked in the courts by Nicholas Leone, and to report on the
cost of said services.
The re-oort of the Receiver of Taxes for the month of September
was received and filed.
The report of the Town Clerk for . the month of September was
received and filed.
The report of the Public Ivelfa're Officer for the month of
September was received and filed.
The report of the Building inspector for the month of
1' Septe:r_ber was received and filed.
The report of the County Department of Health for the month
of August was received and filed.
A report dated. September 24, 1936, was received from the State
Commission of Correction covering an inspection of the Town lock-up made
on September 10, 1936. The report, which was very favorable , was ordered
riled.
A general report on the summaer playground activities of the
Town of Idamaroneclk Adult Activities and Recreation Council was received
and ordered. filed.
A letter dated September 30, 1936, was received from Norman
1- cClashan inquiring if the 'Town Board had taken any further action on
his petition dated May 27 1936 requesting that property owned by him
located at the corner of :'riurray Avenue and Leafy Lane be re-zoned so as
to permit the erection of attached one-family dwellings.
On motion duly made and seconded it was unanimously
RESOLVED that the request of Ivir. Worman idc"Tlashan
for re-zoning be and_ it hereby is denied.
_ An estimate dated September 9, 1936, was received from West-
chester Joint 11Uater -'i6orks No. 1 in the amount of X233.03 covering
installation of approximately 100 feet of 6-inch pipe on Carleon Avenue,
based on the use of the sewer trench excavation and the replacement of
any pavement disturbed by the Town of iviarnaroneck.
On motion duly made and seconded it was unanimously
i
313
RESOLVED, WHEREAS an estimate dated September 9, 1936
in the amount of 1233.03 has been received from the
Westchester Joint Water Works No. 1 of the cost of the
installation of approximately 100 feet of 6-inch pipe
on Carleon Avenue,
i
NOW, THEREFORE, BE IT
RESOLVED that the Westchester Joint ';dater Works No. I
be and it hereby is authorized, empowered and directed
to install for the Town of Mamaroneck and to charge
r
to the Town of Mamaroneck the actual cost thereof as
ascertained and approved by the Board of Trustees of
the Westchester Joint Water Works No. 1 the water main
above described.
A letter dated September 12, 1936, addressed to the Town Board
and a letter dated October 5, 1936, addressed to the Town Board and the
Town Attorney, were received from Miss Lillian E. Ravenscroft and ordered
referred to the Town Attorney.
A letter dated September 19, 1936, was received from the
Larchmont Gardens Association enclosing a resolution adopted by the
Association on September 17, 1936, urging the Town Board to cooperate
to the best of its ability to insure the continued operation of the New,
York, Westchester and Boston Railway. The letter was ordered filed and
the matter was called to the attention of Or. HeSinniss, Chairman of the
Citizens, Committee on the matter of the Westchester and Boston Railway.
The Supervisor called to the attention of the Board the
necessity of constructing a drain to serve the westerly end of Avon
Road at its intersection with Rockland Avenue, the stone waver from which
now drains onto property owned by Knud Engelsted. He stated that the
cost of this work might amount to as much as p9,000 or ';!;10,000. the
matter was referred to Town Engineer Foote for an estimate and report
thereon..
— The Supervisor called to the attention of the Board the matter
of widening the lower end of Dillon Road, which matter was also referred
to Town Engineer Foote for an estimate and report thereon.
The Supervisor reported to the Board that the sum of 550,000
is still owing to the County of 'Westchester as the balance of the 1936
County tax levy. He stated that it would probably be necessary for
the Town to borrow this sum in order to pay the County.
At 10. 30 P. 1. the Board unanimously resolved to adjourn.
?W own
f