HomeMy WebLinkAbout1942_09_02 Town Board Minutes 4
PUBLIC HEARING AND REGULAR MEETING OF THE TOWN BOARD
TOWN OF MAMARONECK, NEW YORK
HELD SEPTEMBER 2, 1942
At the Town Offices, 158 West Boston Post Road, Mamaroneck, N. Y.
The meeting was called to order by Supervisor McCulloch .at
8 P . m. (Eastern. War Time)
Present: Supervisor McCullcch
Councilmen Brewer, Griffin and Mandeville
Absent: Councilman Bates
The presence was also noted of Town Clerk Payne, Town Attorney
Delius, Assessor Smith, Town Engineer and Superintendent of Highways
Foote and Public Welfare Officer DeVinne.
The regular order of business was suspended for the purpose
of holding a public hearing upon amendments to the Building Code,
Plumbing Code and General Ordinances of the Town of Mamaroneck.
The Town Clerk read the notice duly published in The Daily
Times of Mamaroneck on August 22nd, 1942, pursuant to Section 130 of
the Town Law.
The Supervisor asked if anyone wished to be heard and no one
appearing either for or against the amendments the following resolution
was duly moved by Councilman Griffin, seconded by Councilman Breyer,
and unanimously adopted:
RESOLVED that the foliov;ing amendments be made to the
Building Code:
(A) Article 3, Section 6 i hereby amended to read
as follows :
GENERAL: For the purpose of this Ordinance, all
buildings are classified according to occupancy as
"Residence Building" ,"Public Buildings", "Business
Buildings" .
Group l:
Residence Buildings: ''
(a) One family dwellings .
Detached dwellings for two farilies.
Semi—detached dwellings for one or two
families on each side of the party wall.
Club and boarding and lodging houses and
dormitories, convents and other buildings
of a similar character wherein fifteen
or less persons are housed and not more
than 2 1/2 stories high.
(b Yultiple Dwellings .
(c) Boarding and lodging houses and dormitories,
convents and other institutional buildings
other than Group (a) of this section.
Group 2:
Public Buildings :
a Hospitals, ksylunis, Nurseries, Detention buildings .
b Libraries, Museums, Court Houses, Town Hall.
c School Houses, college classroom buildings .
(d) Buildings having an Assembly Hall on the
first floor; churches, amusement halls,
exhibition buildings, armories .
(e) Buildings having, an Assembly Hall seating more
than 75 persons,'', located above the first floor .
(f) Theatres, Moving Picture Houses, Music Halls .
Group 3 :
Business Buildings :
a) Office Buildings
b) Stores and Restaurants
c)Manufacturing and Storage Buildings
d) Public Garages
e) All other buildings in Business "C" and indusrial "D" districts as defined
in the Zoning Ordiance Town Of Mamaroneck not classified in a), b), c), and
d) of this group. (Business Buildings)
B) Article 4 Section 7 Subdivision 3 a) is hereby amended to read as follows:
a) Multiple dwellings not more than 6 stories or 70 feet high if erected in a "B"
graduated Height District as defined in Artile 4, Section 17, of the zoning ordiance
of the Town of Mamaroneck duly adopted and amended by resolution of the Town
Board adopted January 20th, 1937 or as hereafter amended and as shown on the
zoning Map which accompanies said Ordiance
C) Article 4 Section 7 Subdivision 4a) is hereby amended to read as follows:
4. Fireproof Construction. The following buildings shall be of fireproof construction:
a) Multiple dwellings more than 4 stories or 46 feet high if erected in a "C" or "D"
70 foot Height District as defined in Article 4, Section 18 of the Zoning ordiance of the
Town of Mamaroneck duly adopted January 20th 1937 or as hereafter amended and
as shown on the zoning map which accompanies said ordiance
D) Artcile 1, Section 4 Subdivision 10 is hereby amended to read as follows :
10. Occupancy Permits Fees. The fee for each Occupany permit shall be $2.00
payable at the time of filing application therefor
E) Article 20 is to be amended by adding a new section to be known as Article 22
Sections 111 inclusive which shall read as follows:
Section 111a. Whenever any section of this article requires a notice report survey
or any other paper to be served upon any person such notice report survey or paper
or paper may be served either personally or by mail addressed to such person at the
address or place of business designated in any deed conveyance or other instrument
by or through which such person acquired any title or interest to the premises affected
which is filled or recorded in any public office
F) A new artcile is to be added to the Building Code to be known as Article 22
Sections 113 to 118 inclusive which shall read as follows:
ARTCILE
Excavations other than for construction purposes
Section 113. An excavation made for the purpose of taking soil, earth,
sand, gravel or other material
shall be made in such a manner as will prevent injury
to neighboring properties, to the street which adjoins
the lot where such excavation is made, and to the pub-
lic health and comfort.
Section 114. Such excavations shall not be cormnenced
until a permit therefor has been obtained from the
Building Inspector.
Section 115 . Applications for permits shall be in
such form as may be prescribed by the Building Inspector
and shall be accompanied by a plot plan on which is
indicated. the location of the plot, the exact location
of the proposed escavaation and the area and depth of the
excavation. .
Section 116. Permits for the operation of such
excavations shall be issued only upon proof by the
applicant that the land is free from any lien for
unpaid taxes, assessments, v,;ater rates, bail bonds and
judgments obtained by the Town of Mamaroneck. In
addition, if the owner shall be under legal age the
consent of the surrogate' s court must be submitted. If
there is an unpaid mortgage upon the property, the con-
sent of the mortgagee must also be submitted..
Section 117 . Such excavation shall be properly drained
as long as the excavation remains .
Section 118. Any such abandoned excavation which shall
become unsafe, menacing or dangerous to life or limb, shall
be filled in by the owner, as the Building Inspector may
require, with clean ashes, sand or earth or otherwise
made safe and secure'.
FURTHER RESOLVED that Section 40 of the Plumbing Code is
hereby amended to read as follovas:
Section 40 . All license fees and examination fees,
received by the Town Clerk shall be paid by him to the
Supervisor within thirty days after the receipt thereof
and deposited in the general fund.
The plumbing inspector shall 'turn over to the Supervisor
all inspection fees received by him within thirty days
after receipt thereof.
FURTHER RESOLVED that the General Ordinances of the Toran
of 11'_amaroneck are hereby= amended by adding to Chapter II
thereof, a nevi section to be known as Section 15, which
shall read as follows:
Section 15 . The Pol:
P.4asnarcneck, or if there
hereby authorized and e;
the 'Tovrn of Mamaroneck,
excepting State highway
one direction only, or
exciudd.ed, provided that
be marked by conspicuou
of Section UO of the Ve
of New York.
FURTHER RESOLVED that t
to publish a notice of
in the official paper a
to be posted conspicuou
in the Tov�n of idamarone
the Tovvn Law.
The Town Attorney re
Board he had prepared certain
Ordinances of the Tov,n and rec
hearing.
ce Commission of the To-:,.n of
be none, the Chief of Police, is
powered to designate highways in
outside of incorporated villages,
in which vehicles shall pass in
rem, which heavy trucks shall be
the highway so designated shall
signs as provided in Sub-division 1
icie and 'Traffic Lava of the State
To,an Clerk is hereby authorized
ado-otion of this resolution
to cause printed copies thereof
in at least three public places
as provided in Section 133 of
ed that at the direction of the
osed amendments to the Zoning
nded that a date be set for a public
Upon motion by Councilman Brewer, seconded by Councilman
Bates, it was unanimously
RESOLVED, that a public hearing be held on
September 16, 1942, at 8 o' clock P. M. (E.W.T.)
at the regular meeting of the Town Board to be
held at that time and that the following notice
be published in The Daily Times not later than
September 5, 1942:
PUBLIC NOTICE
TAKE NOTICE that the Town Board of the Town
of Mamaroneck will hold a public hearing, pursuant
to Section 264 of the Town Law, in the Council Room
at the Weaver Street Fire House, on the 16th day of
September at eight 8 clock P.M. to consider an
amendment to the Zoning Ordinance of the Town of
Mamaroneck and to the map accompanying and forming
a part of the Zoning Ordinance, so as to show all
property on said map now designated as " Saxon Woods
Park" , "Cross County Parkway" and "Pelham-Po'rtchester
Parkway" as being within an "A" use or height district.
TAKE FURTHER NOTICE that all persons interested
will have an opportunity to be heard at the above
stated time and place.
Dated, September 2nd, 1942
BY ORDER OF THE TOUR BOARD
Robert D. Payne
Town Clerk
The approval of the minutes for the meetings of August 5 and August 19, 1942 was deferred until
a full Board was present
The Supervisor asked if there was anyone present who wished
to address the Board.
Wesley H. hessersmith, attorney, appeared to discuss a
settlement of certiorari proceedings brought to review certain assess-
ments on real estate in the Town.
The members of the Board ' suggested that Mr. Ressersmith
present his application at the next meeting when the full Board would
be present .
Mr . Messersmith agreed and said that he would appear at
the meeting to be held September 16, 1942 •
Mr. David E. Lynn of 46 Glenn Road and Mr. George F. Clow
of log N. Chatsworth Avenue appeared and presented the following
petition which was signed by sixty eight (68) petitioners:
"TO THE TOWN BOARD
TOWN Or MAMARONECK
The undersigned property owners and Residents of that
section of the Town of Mamaroneck included in the Maple
Bill - Murray Avenue - Glenn Road Drainage Area face certain
financial loss and acute danger to health because of the
inadequacy of the drainage system, either storm water or
sanitary sewers or both.
While recent storms tend to center attention on the
condition, it is a fact that a great many properties have
suffered continuously year in and year out without relief.
The inadequacy of the present system was pointed out
prior to its completion and many times since. In many
instances it may be said that its installation and the
paving of the district aggravated the condition existing
prior to its construction'.
To avoid outright abandonment of the properties
having high assessed values, immediate attention is
required.
The problem is a difficult one and the undersigned
recommend that the Town employ competent, independent
engineers, to make an immediate survey of both drainage
systems with recommendations for a complete correction of
the condition.
It is requested that when such survey is completed we
be permitted to examine the report. ''
-- The Supervisor assured the gentlemen that the petition would
receive very careful consideration. He advised that the Tong was pro-
ceeding eed.ing to obtain estimates and that already one had been received from
Sanborn & Bogart, Consulting Engineers, in the amount of $1500 as the
cost of a survey and opinion on the', upper part of the Sheldrame River
watershed.
Councilman Brewer advised the gentlemen that under the law
the Town could not spend money which was not included in the present
budget and that same would have to be considered in next year' s budget.
The Supervisor informed the gentlemen that they were entirely
welcome at any time to examine the Town records on flood. control. He
presented letters on the same subject from the following:
Arthur Dunn, Jr. , 900 Old Boston Post Road, attaching
letters from 0 . C. Gredler, 4 kenmare Road,
dated August 10 and August 11, 1942.
Robert W. Crawford, 138 whatsworth Avenue, dated
August 25, 1942.
Erma Bernheimer, 37 iKyrtle Boulevard, dated August 25, 1942-
Richard I . Land, 59 test Brookside Drive, dated August 26, 1942.
Joseph P. Curren, 117 N. Chatsworth Avenue, dated August 27,
1942.
The letter were ordered received and placed on file with the
flood control records .
Councilman Brewer raised a question about illegal house
storm water drainage connections with the sewer system.
The Supervisor said that during flood conditions some owners
open the severer trap to drain off their basements .
It was also said that during the early development of the
unincorporated area a number of house drains may have been connected
with the sever lines.
Town Engineer Foote was asked to make an investigation to
discover illegal house and private driveway catch basin connections .
The Supervisor suggested'', that the meeting proceed with
reports of committees .
Councilman Griffin pre
Department of Public Welfare for
showed as follows:
Case Load
Individuals
Case Days
Total Relief Expended
Average Cost Per Case
d and read the report of the
month of August, 1942, which
August
August
_1941
1942
191
118
755
395
5642
3457
$6,766.76
~04,444.33
35 .43
37.66
Average Cost Per Individual
Average Cost Per Case Day
Average Cost Per Individual P
August August
19 i1 19
5.96 11. 25
1.20 1.29
Day .304 .355
Councilman Griffin presented a petition dated September 2,
1942, received, from the Assessor requesting certain changes in the
assessment roll in order to pewit the apportionment of taxes .
On motion by Councilman Griffin, seconded by Councilman
Brewer, the following resolution was unanimously adopted:
WHEREAS, the Assessor has presented a petition dated
September 2, 1942, for the correction of the assess-
ment roll for certain years, pursuant to the provisions
of Section 33 of Chapter 105 of the Laws of 1916, as
amended, known as the Westchester County Tax Act; and
WEEREAS, after due consideration this Board finds it
desirable to grant said petitions for the correction
of said assessment roll;
9 5 pt. 15,16 Brittany Homes, Inc . 2,780 25750
(903-465)
A petition was received from the Assessor requesting the
approval of a number of pages from the Assessment Yap showing correc-
tions made by the Town Engineer as of June lst, 1942, such corrections
being due to the sale or transfer', of lots or plots, filing of maps in
the Department of Land Records in White Plains and so forth.
On motion by Councilman Griffin, seconded by Councilman
Brewer, it was unanimously
NOW, THEREFORE, BE IT
RESOLVED, that the assessment roll for the
taxes of 1942, which shows property now
the roll as follows: the year
1941,
appearing
on
Section
Block Lot
Owner
Land
Imp. Total
9
5 15,16
Brittany Homes, Inc.
$4,350
$45350
be corrected as
follows, '',in accordance
with the
provisions of
sub-division 5 of Section
33 :
Section
Block Lot
Owner
Land
Imp. Total
9
8 pt, of 15,
.,Mamaroneck Federal Savings
16
and Loan Association
$15570
$1, 570
9
8 pt. of 15,
Brittany Homes, Inc .
2,750
2,750
16
FURTHER RESOLVED, that the assessment roll for the
year 1942, taxes of 1943, which shows property
now appearing on the roll as follows:
Section
Block Lot
OwiTner
Land
Imp. Total
9
8 15,16
Brittany Homes, Inc .
$45350
6,000 10,350
(903-459)
be corrected as follows, '' in accordance with the
provisions of
sub-division 5 of Section 33 :
Section
Block Lot
Owner''
Land
Imp. Total
9
8 pt. 15,16
Mamaroneck'' Federal
$15570
6,000 7,570
(903-459)
Savings & Loan Assn.
9 5 pt. 15,16 Brittany Homes, Inc . 2,780 25750
(903-465)
A petition was received from the Assessor requesting the
approval of a number of pages from the Assessment Yap showing correc-
tions made by the Town Engineer as of June 1st, 1942, such corrections
being due to the sale or transfer', of lots or plots, filing of maps in
the Department of Land Records in White Plains and so forth.
On motion by Councilman Griffin, seconded by Councilman
Brewer, it was unanimously
RESOLVED that this Board approves changes in the
Assessment Map of the Town of Mamaroneek as of the
first of June, 1942, and the said map is hereby
corrected and rectified as of June 1, 1942, in the
foilov,fing places:
Page:122,
217, 218,
408, 411,
617, 703,
715, 720,
826, 830,
915, 91'1,
944, 94`%
123,
222,
412,
704,
721,
832,
918,
950,
126, 133,
30L, 305,
502, 602,
705, 706,
723, 724,
901, 902,
921, 925,
951, 962,
07, 208, 210, 211, 215,
06, 333, 341, 405, 4071
04, 608, 609, 610, 611,
07, 708, 711, 712, 714,
27, 725, 803, 823, 825,
03, 907, 912, 913, 914,
31, 937, 938, 939, 940,
ndex.
123 i
Councilman Brewer stated that in connection with civilian
protection there ryas no longer any doubt that a supervisor was needed
for the casualty stations . He said that it was impossible for the
doctors to take care of them, as there are only two or three doctors
left and that they are so busy that the ,r do not have time to put to it.
The Supervisor informed the Board that Dr. Conway who was in
charge had left for the armed forces .
Councilman Brewrer expressed alarm at the thought of a bombing
raid and said that something should be done.
Councilman Griffin asked Dr. Brewer who he would have take
charge .
Councilman Breyer stated that he was not an expert and was
not in a position to say but that full defense staff was aware
of the situation. He said that he just commenting on it.
The Supervisor stated Dr. Charles Weller had told him
that Dr. C. Walter Thorpe was taking over the work.
The Supervisor submitted the following report of expenses
and the proposed budget for the War Price and Rationing Board. 55-0-9:
(1) August 25, 1942
Expenses to date in connection with the setting up of
new Rationing Board Headquarters, #55-0-9, at
430-432 Mamaroneck Avenue, Mamaroneck.
Compensation for labor $189.16
Material and supplies 185 .11
$377 .27
WAR PRICE AND RATIONING BOARD NO. 55-0-9
For period August 1st
1 Clerk
Janitor
, 1942 through December 315t, 1942
$"600.00
180.00
Pro rated as per following:
TORN OR
VILLAGE POPULATION
RATE
Au10UNT
Town of
Harrison 11,783
30%
$113 .18
Town of
Mamaroneck 8,L68
22%
156
83 .00
56. 59
Village
of Larchmont 5,970
33%
124. 50
Village
of Mamaroneck 13,034
Total
$377 .27
(all bills are on file in Village of mamaroneck office,
for inspection) .
(2)
August
25, 1942
PROPOSED BUDGET
WAR PRICE AND RATIONING BOARD NO. 55-0-9
For period August 1st 1942 through December 31st, 1942
1 Clerk
Janitor
,
$"600.00
180.00
Equipment - 1 typewriter desk
1 " chair
2 flat top desks
1 filing cabinet
Stationery and printing
Light
Telephone
Water
Tllisc . Office Expenses
Unpaid Bills, stationary and supplies
(signs(
(3)
BUDGET OF RATIONING BOARD #55-0-9
Period August 1 - December 31, 1942
Pro rated as per following
TOWN OR VILLAGE
Town of Harrison.
Town of Mamaroneck
Village of Larchmont
Village of Mamaroneck
The Supervisor explained that the total of the Town's share
namely, $83 .00 of the cost of setting up headquarters and $282.93 of
the August 1 to December 31, 1942 budget amount to 365.93. He
asked what tine Board wished to do on the matter
Total
$160.00
75 .00
30.00
100.00
19.00
50.00
72.06
$1,256.06
Respectfully submitted,
H. E. Bally, Chairman
Charles ring, McL.ber
George H. Van Buren, Member
L. F. Hug, D,4ember
ZONING BOARD #55-0-9 for
t 1 - December 31, 1942
llowsing:
POPULATION
RATE
LMIOUNT
11,753
300
355.52
51465
22%0`
282 .93
5,970
15%
192.91
13,034
33%
Total $1,286.06
Following some discussion the above report of expenses and
the budget were approved and ordered filed.
On motion by Councilman Griffin, seconded by Councilman
Brewer, it was upon roll call unanimously
RESOLVED, that out of the funds made available
for purposes within the authority of the War
Council of the of Mamaroneck there is hereby
appropriated the sum of $365 .93, such sum to be
dispersed only upon the audit of claims submitted
Town the Comptroller of the Town of Mamaroneck by
persons or corporations who have furnished materials
labor or services to the Rationing Board No. 55-0-9 .
The Supervisor presented the following letter and a copy of
the classification plan referred to:
__.
COUNTY OF WESTCHESTER
COUNTY OFFICE BUILDING
WHITE PLAINS, NEW YORK
,'
'
August 25, 1942
TO: TOWN LIND VILLAGE BOARD, MAYORS AND SUPERVISORS
in June this office ''submitted to you a tentative plan
classifying the positions in your service, with the request
that such coimaents as you cared to make be sent to us in
ovriting. The comments received from: the various localities
were carefully considered and where questions still re-
;3
a;
mained representatives of this office made field visits
and discussed those questions with you or your representa-
tives personally.
As a result of these steps, the tentative classifica-
tion. previousiy sent to you. has been revised where it seemed
necessary and there is now submitted to you herewith the
final classification of your positions and employees in the
form that this office will submit to the State Civil Service
Commission.
— If the accompanying classification plan involves titles
which mere not involved in the tentative plan sent to you
in June, specifications for these additional titles are
attached hereto for your information.
It is requested that each of your employees be noti-
fied immediately of his or her proposed classification
so that full opportunity may be given them to file any
appeal from the proposal which they may wish to make. Such
appeals must be submitted to this office not later than
Sentemzber 10, 1942. Copies of a notice concerning appeals
are attached and it is requested that these be immediately
posted inhere they will be available to all employees .
Sincerely yours,
(signed) W. B. Folger
Personnel Officer
The Supervisor advised that letters had been sent to all of
the employees notifying them that the schedule was available at the
Town Clerk' s office, also of their right to appeal.
Fire Chief Burton was present and discussed vTith the members
of the Board proposed titles for the paid men of the Fire Department.
Following some discussion Councilman Mandeville moved and
Councilman Griffin seconded the following which was on roil call
unanimously adopted:
RESOLVED, that the Town Attorney be and he hereby
is authorized to request the Civil Service authorities
to make certain changes in the list of the proposed
titles for the paid firemen, such changes to be subject
to the approval of Fire Chief Burton.
Councilman vulandeville stated that there was nothing to report
for his department.
The Supervisor asked the Town Clerk to read the co:vrunications .
The Tot°m Clerk read the 'following letter:
Town Board
Town of Mamaroneck
Piiaraaroneck, Neva York
Gentlemen:
I hereby request leave of absence for
the duration as per section 246 Military Law
State of New York, as I have been inducted into
the krmed. Forces of the United States .
absence to start on August 31st, 1942.
(signed)
August 28th, 1942
Leave of
Very truly yours,
Thomas C. Blake
Welfare Officer DeVinne presented the following letter which read:
Town Board
Town Of Mamaroneck
Mamaroneck
Gentleman:
I hereby recommend Arthur Price now residing at 115 Madison Street
Mamaroneck for the position as Janitor at the Welfare Office to take the
place of Thomas Blake who is requesting a leave of absence for the duration
Very Truly
Charles D DeVinne
Public Welfare Officer
September 2, 1942
Upon recommendation of Charles D. Devinne Public Welfare Officer of the town of
Mamaroneck the following resolution was moved by councilman Mandeville
seconded by Councilman Griffinn and duly adopted:
RESOLVED that leave of absence is hereby granted to Thomas C Blake Janitor
of the Town Welfare Office pursuant to section 246 of the Military Law he having
entered the military service of the United States such leave of absence to continue
during the period of such service as provided by law
FURTHER RESOLVED that Arthur Price is hereby appointed to fill the temporary
vacancy in the position of Janitor at the Town Welfare Office occassioned by the
service of the United States such appointment being hereby designated as a
substiude appointment pursuant to the provisions of Section 246 of the Military
law of the State of New York
Mr. DeVinne presented the following letter which was read:
September 1, 1942
Town Board
Town Offices
Boston Post Road
Mamaroneck N.Y.
Gentlemen:
I would like to bring to your attention again the fact that we have safes in the building
belonging to the Town. To my knowledge these safes have not been used for the past
ten years. At the present time they are worth a great deal more to the Government than
they are to the Town. Will you please advise me what disposition you wish made of these
safes
Very truly yours
Charles D. DeVinne
Public Welfare Officer
CDDeV: EWK
The members of the Board directed Mr.DeVinne to contact the manufacturers to determine
the value of some for use as safes and if they were of no value other than for
salvage purposes he was directed to get figures for their disposal to the government
A letter dated August 31 1942 was received from Mrs. Theresa Giovannone requesting
permission to pay certain tax appears at a reduced amount
Following some discussion action was deferred.
The Town Attorney reported on the sale in foreclosure proceed-
ings brought by the Town against Birckhead and others as ldortgage Trustees
involving thirty-eight (38) separate parcels of property in the so-called
Fenimore Cooper development. The sale was held on the 25th of August,
1942, at the Court House in White PIains by a referee appointed by the
court and the Town entered bids upon all of the parcels for the full
amount of the taxes due, including interest and penalties to the date of
sale witIa a proportionate share of the cost of foreclosure added in each
instance . He reported that one parcel, Do . 21 covering Section 2, Block
SA, Lots 82C and 83, was sold to Robert Herrmann for $753.00, which was
the total amount of the taxes with penalties and interest plus the pro-
portionate share of the cost of foreclosure and that there was also pre-
sent at the sale Mr. John G. Byler, who resides at 17 Mohegan Road,
Tar . Burleigh R. Waterman, who resides at 15 Avon Road, and Mr. H. S .
Woodward, who resides at 138 Rockland Avenue . After considering the
matter these gentlemen who were interested in purchasing lots adjoining
their present holding decided to let the Town purchase and submit their
bids to the Town Board. The balance of the thirty-eight parcels were
then sold to the Town of Mamaroneck,
The 'Town Attorney further reported that he had received letters
from James T . Heenehan, attorney, representing Mr . Byler and Mr . Waterman,
making the follwing offers for the lots adjoining their present holdings
Mr. John Byler offers $599.17 for Block 208 Parcel 487 formerly known as secion 2
Block 8A Lot 56. The purchase is made subject to school taxes which Mr.Byler will pay
and the amount of $599.17 is the amount for which the property was bought by the Town
plus $10.00
Mr. Burleigh R. Waterman offers $986.37 for Block 208 Parcel 54 formerly knwon as
Section 2 Block 8A Lot 15B. The purchase is also made subject to the school taxes which
Mr. Waterman will pay and the amount of $986.37 represents the amount for which the town
bought this parcel plus $10.00
The he submitted an offer received from Mildred Sanford real estate broker offering
on behalf of her client Samuel H. Pomerance residing at 25 Mohengan Road for the purchase
of Block 208 Parcel 525 formerly known as section 2 Block 8A lot 60 $750.00. The amount for
which this parcel was sold to the Town he stated was $504.45
After discussion the Board announced that it would consider all of these offers but that
no further action would be taken on these offers at this time
Following further discussion the Town Clerk was directed to write letters to the Mamaroneck
Real Estate Board and the Larchmont Real Estate Board and advise them that the Town no
owns this land and that if their organizations had any suggestions in connections with the sale
of the same the Town Board would be very happy to receive them
On motion by Councilman Mnadeville seconded by Councilman Brewer the following resolution
was unanimously adopted
WHEREAS in foreclosure proceedings instituted by the Town of Mamaroneck against Oliver W.
Birckhead et al the referee duly appointed for that purpose by order of the Supreme Court sold to
the Town of Mamaroneck property described as :
Sec Blk Lot Sec Blk Lot
2 8 22 2 8A 44B
2 8 23 2 8A 48
2 8 34,35 2 8A 53
2 8 Plot AA 2 8A Plot A
2 8AA 165 3 15B 32
12 Sec . Elk. Lot
2
8
22
2
5
23
2
S
34,35
2
8
Plot AA
2
8AA
165
present holdings :
.17 for Block 205, Parcel '457,
ion 2, Block SA, Lot 56.
object to school taxes ?,,rhich
the amount of X599 .17 is the
roperty was bought by the
ffers $986.37 for Blocs. 205,
oT,m as Section 2, Block SA,
is also made subject to the
v7aterman will nay and the
esents the amount for which
arcel plus $10.00 .
received from Llildred Sanford,
f of her client, Samuel H.
d, for the purchase of Block 205,
2, Block SA, Lot 60, 050.00 .
sold to the To n1, he stated, oTas
announced that it would consider
er action would be taken on these
on the Town Clerk was directed to
Estate Board and the La'rchmcnt
at the Tom no owns this land and
suggestions in connection with the
ld be very happy to receive them.
andeville, seconded by Councilman
s unanimously adopted:
roceedings instituted by the
It Oliver W. Birckhead, et al. ,
sed for that purpose by order
.d to the Town of illamaroneck
Sec .
Blk.
Lot
2
8A
44B
2
SP.
48
2
SA
53
2
811
Plot A
3
15B
32
Sec .
Bilk.
Lot
2
8
45B1440
-- 2
8A
47,46B
2
8A
90
2
8A
92
2
8A
94
2
8A
95 to 103
2
8
Part of 16
8
67
Part of 17
75A
Part of 20
2 20
2
8A
60
2
8A
61A,62
-- 2
8A
84,85B
2
8r'_
15B
2
8A
25, 26
2
8A
42
on the Assessment Map of the Town of Mamaroneck; and
WHEREAS the said referee has applied to the payment of
certain taxes, assessmens and tax liens owned by and
due to the Town of Mamaroneck, together with interest
and penalties thereon to the date of sale, the sum of
$43,615 .45 which taxes, assessments and tax liens are
required to be cancelled by the provisions of Section 54
of the 1,estchester Count Tax Act.
NOW THEREFORE, BE IT
RESOLVED that the following taxes, assessments and tax
liens are hereby cancelled:
Year of
Amount of
Sale
Lien
1939 $
142.69
1940
137.88
1941
138 .97
1942
138.76
1942 S.C.T.
90.09
Current
15B
m
1939
122.42
1940
118.31
1941
119 .22
1942
119.03
19.,:2
S.C.T. 77 .22
41B
C u,•r ent
Sect
1940 3 333 .79
1941 365 .10
1942 335 .90
1942 S.C.T. 214.92
Current
1939
4,31,375 .38
1940
1,311.09
1941
11314.46
1942
1,320.73
1942
S.C.T. 821.33
41B
Current
Sec .
Bik.
Lot
3
15B
1C
3
15B
41B
3
15B
29A
3
15B
1B,30
2
8
60,61 to
64, 65B
2
8
67
8
75A
2
8A
35
2
8A
38
2
8A
39
2
8A
40
2
8A
40A
2
8A
56
' 2
8A
58B, 59
55 .64
37.22
20.84
4.16
6.31
42.74
31.94
17 .88
3 . 57
5.41
2 . Block 8 . Lots
90.12
54.76
10.07
15 .04
2 Block 8 . Plot
a 536.39
353 .99
197.16
39 .62
57.49
Total
198.33
175 .10
159 .81
142.92
96.40
170.16
150 .25
137 .10
122.60
82.63
$ 423 .91
419 .86
345 .97
229.96
$1,911.77
1,665 .08
1, 511.62
1,360.35
878.82
Section 2 , 3lock
Year of Amount of
Sale Lien
1940 128.68
1941 129. 52
1942 129 .11
1942 S.C.T. 84.04
Current
1939 $ 172. 58
1939 516.24
F 1940 512.66
1941 611.30
1942 610 .34
1942 S.C.T. 397.93
Current
Section 2, Block 8k,
1939 102.12
1940 86.96
1941 87.63
1942 87. 51
1942 S .C.T. 56.63
Current
q Poti fln 2- Block 8A.
1939 102.12
1940 98.71
1941 99.48
1942 99 .32
1942 S .C.T. 64.35
Current
Section 2 Block 8A
1939 122.42
1940 98.71
1941 99 .48
1942 99 .32
1942 S.C.T. 64.35
Current
fiar.tioii 2. Block 81
1939
a
;940
19141
19!,2
1942 S.C.T.
Current
2
1939
1940
1941
1942
1942 S.C.T.
Current
2
1939
1940
1941
1942
1942 S.C.T.
Current
Section
1939
1940
1941
1942
1942 S.C.T.
Current
243 .56
235 .34
237.20
237 .33
154.44
487.12
470.67
474.40
473 .92
308.57
690.13
530.49
512.97
512.16
333.84
Block
40.81
88.90
91. 58
91.4.4
59 .20
Interest or
Penalt v
34.74
19 .42
3 .87
5.88
67.30
201.33
136'.41
91.69
18.11
27 .86
a 39 .52
23.45
13 .14
2.62
3 .96
39 .82
26.65
14.92
2.97
4. 50
47.74
26.65
14.92
2.97
4. 50
Lots 95
94.98
63 . 54
35 . 58
7.11
10.31
189 .97
127.08
71.16
14.21
21.62
269.15
143 .23
76.94
15 .36
23 .37
Lot 60
15 .91
24.00
13.73
2.74
4.14
Total
$ 163.42
148.94
132.98
89 .92
239 .88
717. 57
651.07
702.99
628.45
425 . 79
141.94
110.41
100.77
90.13
60. 59
$ 141.94
125 .36
114.40
102.29
65 .85
p 170.16
125 .36
114.40
102.29
68.85
335.54
298.88
272.78
2J,.4.4-/+
165 .25
$ 677.09
597.75
545 . 56
488 .13
330.49
959 .23
673 .72
589 .91
527 . 52
357.21
56.72
112.90
105 .31
94.18
63 .34
a
i
Section 2, Blo
Year of Amount of
Sale Lien
1939a 162.96
1940 206.46
1941 208.08
1942 207.76
1942 S.C.T. 135 .13
Current
1939
1940
1941
1942
194.2 S.C .T.
Current
Secti
on 2 . Block
69 .69
141.80
142.92
112. 70
92.66
1939
167.01
1940
161.39
1941
..162.67
1942
162.41
1942 S.C.T.
105 . 53
Current
Section 2. Bloc]
1939
235 .95
1940
255 .44
1941
257.44
1942
257.05
1942 S.C.T.
167.31
Current
1939
1940
1941
1942
1942 S.C.T.
Current
1939
1940
1941
1942
1942 S.C.T.
Current
142.69
115.31
119 .22
119 .03
77.22
142.69
118 .31
199 .22
119 .03
77.22
1939 94.01
1940 94.79
1941 95 . 54
19472 95 .39
1942 S.C .T. 61.77
Current
Section 2 ,
1939
122./ 2
1940
79.12
1941
79.73
1942
79 .61
1942 S .C.T.
51.48
Current
terest or
63. 55
55.74
31 .21
6.23
9.46
27.17
38 .28
21.43
4.28
6.49
Lot
65.13
43 . 57
24.40
4.87
7.39
92.02
68.96
38.61
7.71
11.71
8H. Lot
55 .64
31.94
17.86
3 . 57
5.41
55.64
31.94
17.88
3 . 57
5 .41
36.66
25 . 59
14.33
2.86
4.32
. Lot
47.74
21.36
11.95
2.38
3 .60
62
I
Total
226. 51
262.20
239 .29
213 .99
144. 59
96 .86
180.08
164.35
146.98
99 .15
232.14
204.96
187.07
167.25
112.92
327.97
324.40
296.05
264.76
179.02
198.33
150.25
137.10
122.60
82.63
198.33
150.25
137 .10
122.60
82.63
130.67
120 .38
109.87
98 .25
66.09
170.16
100.48
91.68
81.99
55 .08
Year of Amount of
Sale Lien
1939 61. 58
1940 4.67
1941 4.70
1942 4.69
1942 S.C.T. 2.57
Current
1939
69.48
1940
79.12
1941
79.73
1942
79.61
1942 S.C. T.
51.48
Current
3.86
1939 172.58
1940 166.31
1941 169 .84
1042 170.88
1942 S.C.T. 104. 51
Current
Section 3 Bloc:
1939 189 .76
1940 170.02
1941 171.35
1942 171.08
1942 S.C.T. 111.19
Current
Section 3 , Bloc
1938
11. 68
1939
21.02
1940
6.63
1941
6.67
1942
6.66
1942 S .C.T.
3.86
Current
2.75
1939
310.05
1940
298 .76
1941
305 .10
1942
306.98
1942 S.C .T.
188 .12
Current
4.83
Section 2 , B
1939
606.81
1040
706.01
1941
711.60
1942
710.49
- 1942 S.C.T.
463 .31
Current
4.83
1939
1940
1941
1942
1942 S .C.T.
Current
81.98
79 .12
79.73
79.62
51.48
Interest or
239 .88
Penalty
Total
24.01
$ 85 . 59
1.26
5 .93
.70
5.40
.14
4.83
.18
2.75
Lot 32
27.09 96. 57
21.36 100.48
11.95 91.68
2.38 81.99
3 .60 55.08
67.30
239 .88
44.90
25 .47
195 .31
5 .12
176.00
7.32
111.83
74.00
45 .90
25 .70
5 .13
7.78
Lot
5.95
8.19
1.79
1.00
.20
.27
120.91
80.66
45 .76
9 .20
13.17
236.65
190. 62
106.74
21.31
32.43
31.97
21.36
11.95
2.38
3.60
61
263 .76
215 .92
197.05
176.21
118.97
17.63
29 .21
8.42
7.67
6.86
4.13
430.96
379.42
350 .86
316.18
201.29
843 .46
896.63
818 .34
731.80
495.74
113 .95
100.48
91.68
82.00
55.08
....__.......
Year of
Amount of
Sale
Lien
1938 $
162.99
1939
177.05
1940
77 .29
1941
93 .30
1942
94.44
1942 S.C.T.
47. 55
Current
1939
142.69
1940
118.31
1941
119 .22
1,,42
119.03
1942 S.C.T.
77.22
Current
1939
154.85
1940
149 .64
1941
150.82
1942
150. 58
1942 S.C.T.
97 .81
Current
Section 2, Block
1939 102.12
1940 114.37
1941 115 .27
1942 115 .10
1942 S.C.T. 74.64
Current
Section 2 . Block
1939
1940
1941
1942
1942 S.C.T.
Current
1'939
1940
1941
1942
1942 S.C.T.
Current
Section
1939
1940
1941
1942
1942 S.C.T.
Current
1939
1940
1941
1942
1942 S.c.T.
Current
98.07
94.79
95. 54
95 .39
61.77
Block
102.12
114.37
115 .27
115 .10
74.64
61. 58
106. 53
107.39
107 .22
69 . 50
81.61
172. 57
172.54
172.27
111.97
Interest or
Penalty
8A
8A
L
83.12
69 .04
20.86
13 .99
2.83
3 .33
55 .64
31.94
17.8888
3 . 57
5 .41
60.39
40.40
22.62
4. 51
6.85
t 39
39 .82
30.87
17.29
3 .45
5.22
38.24
25 .59
14.33
2.86
4.32
39 .82
30.87
17.29
3 .45
5.22
24.01
28.76
16.10
3 .21
4.87
is 58B
31.82
46. 59
25.88
5 .16
7.84
Total
246.11
246.09
98 .15
107.29
97.27
50.88
198 .33
150.25
137.10
122.60
82.63
215 .24
190.04
173 .44
155.09
104.66
141.94
145 .24
132. 56
118. 55
79.86
136.31
120.38
109 .887
98.25
66.09
141.94
145 .2L
132. 56
118 . 55
79.86
85 . 59
135 .29
123 .49
110.43
74.37
113 .43
219.16
198.42
177.43
119.81
The Town Attorney recommended the following which was on
motion by Councilman Griffin, seconded by Councilman Brewer, upon
roll call unanimously adopted:
RESOLVED, that the Comptroller of the Town be
and he hereby is authorized to transfer the sum
of Ql,000 from the unexpended balance of the item
in the 1942 budget provided for ""Certiorari Costs"
to the item known as "Tax Lien Foreclosure Costs" .
The following form of an agreement for the rental of Town
equipment was submitted by the Town Attorney.
AGREEMENT made this day of September, 1942,
between A. J . Foote as Superitendent of Highways of the
Town of Mamaroneck, a municipal corporation, acting with the
approval of the Town Board of the Town of Mamaroneck and by
authority of resolution adopted by the Town Board of the
Tenn of Mamaroneck on the day of , 1942,
hereinafter referred to as the lessor, and Hodge & Hammond,
Inc . a corporation incorporated under the laves of the State
of New York, having its principal office at 1162 Grinnell
Place, Borough of Bronx, New York, hereinafter referred to
as the lessee, W I T N E S S T H:
WHEREAS, the lessor has received a proposition from
the lessee for the rental of one Gardner-Denver 315 actual
cu. ft. two-stage gasoline driven portable air compressor,
mounted on rubber tired steel wheels, serial No. 71557, which
constitutes part of the Highway machinery, tools and equipment
owned by the Town of hamaroneck, such compressor to be used by
the Government of the United States in the construction of an
air field at the United States Military Academy, West Point,
vew York; and
WHEREAS, the lessee has been authorized. by the United
States Government (General industrial Equipment Branch War
Production Board) to reconditon the said compressor and offer
the same for sale or rental the United States Government
by letter dated June 30th, 1942, photostatic copy of which is
hereto attached; and
WHEREAS, the 'Town Board of the Town of Mamaroneck has
approved the rental and optional purchase by the United States
Government, subject to the approval of the County Commissioner
of Public Works acting as County Superintendent of Highways,
upon the representation made by the lessee that it is a cor-
noration engaged upon a defense project for a defense contract
with the Government of the United States, as provided in Sec-
tion 142a of the Highway Law of the State of New York, as added
by Chapter 247 of the Laws of 1942.
NOW, THEREFORE, in Consideration of the premises it
is mutually agreed by and between the respective parties hereto
as follows:
FIRST. The lesson has this day rented to the lessee,
one Gardner-Denver 315 actual cu. ft. two-stage gasoline driven
portable air compressor, mouted on rubber tired steel wheels,
serial No. 71557, for which the lessee agrees to pay the lessor
as rental therefor, $337. 50 Per month, provided that if said
compressor is used or worked in excess of 2110 hours in any month,
the lessee will pay as additonal rental, the sum of 70 cents
per hour for each hour in excess of 240 hours that the said com-
pressor is so worked, it being understood and agreed that the
additional rental is at the rate of 50% of the basic monthly
rental . The monthly rental of 1337. 50 is to be paid in advance
for the first month and $337.50 per month in advance for each
succeeding month, provided that at the end of each month there
shall be paid in addition to the monthly rental in advance for
the next succeeding month, any amount due to the lessor as
additional rental for overtime use of said compressor as herein
provided.
;
,
SECOND. It is understood and agreed that the term of
this lease or agreement shall not be less than two months .
TrIIRD. Delivery of the said compressor is to be made
to the lessee at its present location, i.e. the Highway Yard
or garage maintained by the Town of Mamaroneck on Palmer
Avenue in the Town of Mamaroneck and all transportation charges
from the point of delivery to the United States Military Academy
at West Point and return charges to the Town Yard in the Town
of aamaroneck are to be paid by the lessee .
FOURTH. The lessee agrees that the said compressor is
rented solely for use in the construction of an air field at
the United States Alitary Academy at West Point, New York, and
is, under no circumstances, the used in any other place, for
any other purpose or upon any other project and lessee warrants
and represents that it is a corporation engaged upon this defense
project for the Government of the United States at (West Point,
New York.
,
FIFTH. The lessee agrees with the lessor as follows :
(a) That the lessee assumes full responsibility for the
said compressor during the rental period and agrees to
return it in as good condition as received, less wear
incident to normal use under the terms of this agreement,
which shall include pneumatic tires used on said compressor
and the lessee agrees to assume the proper lubricants as re—
commended by the lessee.
(b) That the lessee agrees to assume all liability and
responsibility for loss or damage arising on account of
accidents to persons or property and further agrees to
indemnify and hold harmless the lessor and Town of
aamaroneck because of loss damage, expense and penalty
arising from any action or cause of action on account of
injury to persons or damage to property occasioned by
the possession, use, operation, handling or transportation
of the said compressor during the existence of this agreement. .
(c) That if rental is in default under the terms of this
agreement or if, in the opinion of the lessor, the said
compressor is being damaged in excess of wear and tear,
the lessor may take possession of the said compressor upon
twenty—four hours ' notice to the lessee.
(d) That the lessor shall not be responsible for any
defective material in the said compressor or for motor or
engine trouble, it being understood: and agreed that. the
said compressor is rented under this agreement in its
present condition which has been determined by the lessee
as the result of an inspection thereof.
(e) That at all tines during the term of this agreement,
the lessee will obtain and keep in force, policies of
insurance covering the to loss of said compressor as a result
of fire or theft.
SIXTH. In the event that the united States Government
exercises its right to acqurie or "recapture" said compressor
within six mouths of the date of this agreement, the lessor
agrees to execute and deliver to the United States Government,
a bill of sale to the United States Government, a bill of sale
to the United States Government upon payment of the sum of
63,352. 50 less rental paid to the date the option is exercised,
provided that delivery may be made by the lessor at the location
where the compressor then is. If the United States Government,
however, does not exercise is right to acquire or "recapture"
the said compressor within the period stated, then this agreement
shall constitute an agreement solely for the rental of said
compressor as herein provided.
SEVENTH. No verbal lease or agreement in respect to
the subject matter of the foregoing lease or agreement other
than this agreement has been made, and it contains the whole
agreement between the parties ',hereto .
EIGHTH. This agreement is executed in duplicate by
both parties and one copy has been delivered to each of the
parties .
NINTH. This agreement shall become effective only
_ upon approval by the Commissioner of Public Works acting as
County Superintendent of Highways of Westchester County.
IN WITNESS WEEREOF, this agreement has been duly
executed by the parties hereto .
By HODGE & HAMMOND, Inc .
Following some discussion:
Griffin, seconded by Councilman Brewer upon roll call unanimously
RESOLVED, that the Supererintendent of Highways
be and he hereby is authrized to sign the above
agreement for the rental of Town-owned equipment
The Town Attorney presented for the records copies of the
determination of the State Tax Commiission "In the Matter of the Appeal
- of the Toyn of Mamaroneck from the equalization of assessments and
correction of the assessment rolls of the several tax districts of
the County of bestchester, as made by the County Tax Commission of
Westchester County and filed with the Clerk of the Board of Supervisors
of Westchester County and with the County Executive on December 20,
1941. "
The Town Attorney presented a written report on his findings
in connection with the question of title to the street known as Taylor
Place . He stated that nothing further could be done without authority
from the Board.
Following some discussion during which it was decided that
any further action would cause considerable expense, it was on motion
by Councilman handeville, seconded'', by Councilman Griffin, upon roll
call, unanimously
RESOLVED, that the Town Board at this time
decline to take further action on the question
of title to the street known as Taylor Place
because of lack of funds'.
The Town Attorney informed the Board that he wished to
attend the meeting of the Association of Towns at Syracuse, New York,
at which a discussion Would be held on the new law affecting budget
procedure. He also said that he would like to see the Corporation
Counsel of Syracuse to discuss with him the plan in effect in that
city for the assessment of telephone equipment on private property.
On motion by Councilman Mandeville, seconded by Councilman
Griffin, it was upon roll call, unanimously
RESOLVED, that the Town attorney be and he hereby
is authorized to attend the meeting of the
Association of Towns to be held on September 9,
1942, at Syracuse, New York, and also to confer with
the Corporation Counsel of Syracuse on assessments;
and be it
FURTHER RESOLVED, that the Attorney be alloyed '$20.00
over and above the railroad fare as expenses, the sane
to be paid out of the budget item in the Legal Depart-
ment for such expenses .
The Town Clerk was directed to arrange a meeting for the
purpose of holding a discussion on the annual report for the year 19)+1
filed by the Town auditors, Glick-Freedman. Wednesday, September 9,
1942, was set as a tentative date . ',
The following reports for the month of August, 192,2, were
received and ordered filed: (1) Report of the Receiver of Taxes;
(2) Report of the Building inspector and (3) Report of the Plumbing
Inspector.
At 11:15 P . M. the Board ',unaninnously resolved to adourn.
tM