HomeMy WebLinkAbout1942_09_16 Town Board Minutes PUBLIC HEARING AND REGULAR MEETING OF THE
TOWN BOARD, TOWN OF MAMARONECK, N. Y.
HELD SEPTEMBER 16, 1942
At the Tovn 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 McCulloch
Councilmen Bates,, Brewer and Mandeville
Absent: Councilman Griffin
The presence was also of Town Clerk Payne, Town Attorney
Delius, Assessor Smith and Town Engineer and Superintendent of Highways
Foote.
The minutes of the meetings of August 5 and August 19, 1942,
were approved as presented.
The regular order of business was susepended in order to hear
those persons who wished to address the Board.
Mr. Wesley M. Messersmith attorney, representing Arthur E.
Muth Real Estate hanagement, Inc . , appeared to request the Board to con-
sider settlement of certiorari proceedings brought to review the 1941
assessment on the :property known as 'Parkside Apartments, No. 5 East
Avenue, Village of Larchmont. He said that the reduced income of the
building was enough in itself to warrant a reduction in the assessment
on the building. Nothing, he said, was being asked for the land or de-
preciation on the building. He said that there was no new construction
added and that the amount of reduction requested represented less in
percentage than that which is allowed in the general rules for deprecia-
tion. He suggested that a, settlement be made on the basis of a reduction
of $25,000 in the assessment on the '' building alone, leaving the assess-
ment on the building at $275,000 instead. of $300,000.
Councilman Mandeville suggested that Mr . Messersmith leave his
application with the Board for study. He stated that an appraisal had
been made for the Town and that this and other items would have to be
considered.
Mr . Emil Zvirin of Boehm & Company, realtors, appeared and
stated that he had an offer of $400 in cash for Lot 53 on the map of
Larchmont Ridge. He said that in view, of the fact that the lot is
almost completely a ledge of stone and that the government prohibited
building at this time, the offer was a fair one . He filed an offer in
writing and the members of the Board advised him that their would consider
the proposal later during the meeting.
Pam. Julien Elfenbein appeared and stated that he was repre-
seating the Mamaroneck Flood Protective Association. He was accompanied
by Henry W. Butterfield, Alfred B. Stoddard, Austin S. Philips and
Leicester Sherrill. Mr. Elfenbein referred to letters mailed to the
Town Board, the mass meeting of flood sufferers and editorials which
appeared in the local newspaper. He said that in addition to the flood,
vermin-invested waters that poured upon them during the recent flood,
there had been a flood of disparaging remarks by authorities concerning
the endeavors of tax payers and that was causing the value of properties
in the section to 'be destroyed and run down. Another thing, he said,
was that flood waters mined with sewage might cause infantile paralysis
and that last year newspapers reported that there were thirty cases of
infantile paralysis in Westchester County.
At this point Councilman ',Brewer suggested that Mr . Elfenbein
be more reasonable with his statements so that the meeting could get
along more for the benefit of the flood sufferers . He said that if
it was reasonable for the Board to listen to the statements, Mr. Elfen-
bein should take the "chip off of his shoulder” and. try to help solve
158
the problem. He added that the members of the Board had the greatest
of sympathy for the flood sufferers and were trying to arrive at some
plan for relief.
He asked Mr . Elfenbein what recommendations he had to offer.
During this discussion Councilman Mandeville pointed out that
a large area of the East had been affected by the heavy storms and that
in the ,whole of Westchester County some $50,000,000 in damage had been
caused by flood water. He said that railroad trains were backed up
all along the line to Bridgeport, Connecticut and that the Long Island
Sound side of the County was affected worse than any other part of the
County. He added that the member of the Town Board felt badly about
the damage wrought but that this Board or any other Board could not
stop floods .
Councilman Brewer again asked Mr. Elfenbein for his recoruren-
dations . He said that the members of the Board. had ideas of their own
on wi;.at should be done and what could be done, but that they wanted to
know from Mr. Elfenbein what he would recommend.
Mr. Elfenbein first state that he did not think that the
Board was going to make any recommendations and that he had not pre-
pared any plan. He suggested that the following could be done:
That the Town appeal the recent adverse ruling of the war
Department Engineers on a survey the conditions leading to floods in this area.
this area.
That a study be made of the reasons for floods in this reaons
That the Town get out an injunction against the village of
Larchmont because of the waters that spill over from the Larchmont
reservoir and create a public nuisance
That the channels of the Sheldrake River be deepened and
straightened and that engineers should blow up the dams which cause
spillv,ays near the Larchmont Gardens falls; also to remove artificial
obstructions which were put in by the development company to enhance
the value of their properties .
That the Town sue the Village of Iilamarciaeck to get the ob-
structions in the Sheldrake River in the Village of Mamaroneck removed.
Councilman Brewer stated that it was apparent that 'Mr. Elfen-
bein did not realize what the problem amounted to . He said that it
involved the expenditure of millions of dollars and that the taxpayers
could not stand anything like this. He said that to change the channel
in one or two places would do no good and that it would have to be done
all of the way down to Long Island Sound.
The Supervisor stated that the federal government engineers
were requested to come to Mamaroneck and hold a public hearing on flood
conditions and that they examined the property and heard the people .
He said that only a few interested) citizens showed up at the hearing.
He informed those present that the Board was considering the employment
of a consulting engineer to make a', survey , He reviewed all that had
been done by the Town over a period of years to remedy conditions and
pointed out that maps and charts had been prepared under a W.P. A.
project.
Both the Supervisor and Councilman Mandeville told the gentle-
men that their o,wrn cellars were flooded during recent storms .
Councilman Brewer stated that if it was determined through
a survey t1:at the Village of Larchmont changed and increased the flow
of water from the 'reservoir, the Town would take action. He said that
the 'Town could do the little things such as breaking down the dams near
the falls and removing small obsttions where the cost is reasonable .
Ivlr. Elfenbein said that it might be better if all consolidated
their interests and tried to work a problem out.
Other members of` the group
The Supervisor asked if t
take action on the recommendations
spoke briefly on the subject.
members of the Board wished to
f 4r. Elfenbein.
Follov.,ing furtl_er discussion it was on motion by Councilman
p,iandeville, seconded by Councilman Breuer, unanimously
RESOLVED, that the 'T'own of Idarr_aroneck take an
appeal to the Hoard of Engineers of Rivers and
Harbors from the reconiluen.dations made by the
United States Army District Engineer of New York.
The Supervisor asked if t
,Nait until the War De oartrilent acte
They replied that they would wait.
The Supervisor said that
given to the employment of an eng
Village reservoir question.
Hr. Elfenbein made a stat
told him that the Larchmont Villag
fifteen-year plan and that a fifty
dam out. The members of the Board
and 1,lr . Elfenbein refused to give
gentlemen would be satisfied to
upon this appeal for a full survey.
ry careful consideration atould be
er to find out about the Larchmont
dent that a prominent engineer had
reservoir dam was built on a
year catastrophe -v=ld burst the
asked for the name of the engineer
t.
mr . Martin ling, attorneys stated that he had received re-
tainer fees from score people and that others were contemplating action
to recover damages caused by the flood. He said that he had had -F rc-
minen_t engineers look over the water shed and that he thought that the
local engineers could handle the situation. He suggested that if the
Protective Association v,.cuid spread out over the town line in the
Village of P,lamarorneck to increase its membership and if there was a
concerted action by all, the problem could be solved. He said that he
had had several problems before the Tovan Board in the past and that as
--- always he eras a=ious to cooperate . He suggested that Guy Vroman,
Village Engineer of the Village of 1 ,Iamaroneck, and Town Engineer Foote
be requested to make a survey and. tell everybody vhat they really think
about the situation. He said that he did not think that their recommen-
dations would involve a great exQendit:are of money.
Councilman Bremer thanked 11r . King for his sentiments in the
matter.
Following further discussion it was on mot-on by Councilman
Idandeviile,, seconded by Councilman Brewer, upon roll call, unanimously
RESOLVED, that TowT, Engi.
is directed to contact G
of the Village of 1danaro
seek autho'r'ization from
with the Town Engineer i
River bed for the purpos
and providing estimates
struction.s along the str
The Supervisor asked if
to address the Board.
er Foote be and he hereby
Vroman, Village Engineer
ck, and request hire to
e Village Board to proceed
a survey of the Sheldrake
of making recommendations
the cost to remove ob-
rr_.
ere 7, ras any one else who wished
There being no one he recommended that the meeting proceed
with the regular order of business .
Councilman MandevilJ_e presented a copy of the following
report and stated that work was about to be started on the items
referred to:
COUNTY OF GVES'TCHESTER
Department of Public Vuorks
County Office Building
I,rnite Plains, Id . Y.
August 22, 1942
N
Mr . A. J. Foote
Tovan Supt . of Highways
155 Vilest Boston Post Road
Mamaroneck, N . Y.
Dear Mr. Foote:
In accordance with Section 102 of the Highway Law
a representative of this office has made an inspection
of the bridges in the Town of Mamaroneck and reports as
follows:
Bridge on Bonnie Briar Lane
a) Rustic timber fence should be stained.
b) Exposed flanges of I–beam should be painted
gunited.
(c) Honeycombed areas in jack arches should be patched
up.
(a) Concrete slab should be waterproofed in back of
ringstones .
(b) Rustic timber fence be repaired and stained.
(a) Stream is beginning to ' undermine the abutment in the
northwest corner, and repairs should not be postponed.
(b) Cracks in abutments should be sealed up.
(c) Joints between sidewalk and parapets should be sealed
up.
Bridge on Forest Avenue
(a) Abutments should be repaired.
—.: (b) Bridge should be posted on vilest side.
I-
Bridge on Briarcliff Road
[a) Warning signs should be painted.
b) Abutments should be faced up for entire length.
[c Concrete slab in northeast corner should be repaired.
a Guard rail should be placed in southeast corner of
bridge.
t
S
(a) Stream is starting to undermine southeast corner of
bridge and dry wall on south side of stream.
(b) Repairs should be made to honeycomb areas in jack
arches, facia beam and parapet wall.
Ro
t Branch of
a) Vilest abutment is seriously undermined.
b) hingwall in southeast corner should be repaired.
c) Seams in rock !edge footing should be grouted.
(d) Guard rail should be erected on southeast side of
bridge.
Bridge on Fernwood Road
(a) Wingiwalls should be built on this bridge to protect
abutments.
(b) Abutment in northwest corner near 30" elm should
be repaired.
(c) Joints in abutment should be pointed up.
,d) Warning signs should be painted.
ke) Guard rail should be placed in corners of bridge.
Bridge on Hickory Grove Drive
a.) Structural steel should be painted.
b) Fill should be placed in back of rip rap in
northeast corner of bridge.
(c) Rustic railing should be stained.
Bridge on East Brookside Drive and Lansdowne Drive
(a) Warning signs should be painted.
(b) New warning sign should be placed on east side of
bridge .
c) Concrete in bottom of beams should be repaired.
d) Joints in parapet walls should be pointed up.
-- (e) Guard rail should be placed in southeast and south-
west corners of bridge.
Bridge on Fenimore Road
(a) Channel should be cleaned out.
Bridge on Winfield. Avenue
(a) Joints in dry masonry vwingviall in southwest corner
should be pointed up.
Very truly yours,
(signed) J. C. Harding
Commissioner of Public borks
Councilman Mandeville presented a petition received from
the Assessor for the correction of the assessment roll so as to per-
mit the apportionment of taxes .
On motion. by Councilman Mandeville, seconded by Councilman
Bates, the following resolution was unanimously adopted:
WHEREAS, the Assessor has presented a petition
for the correction of the assessment rolls for
the years 1941 and 1942, pursuant to the pro-
visions of Section 33 of Chapter 105 of the Laws
of 1916, as amended, known as the Westchester
County Tax Act; and
WHEREAS, after due consideration this Board finds
it desirable to grant said petition for the correction
of said assessment rolls;
NOW, THEREFORE, BE IT
RESOLVED, that the assessment rolls for the years
1941 and 1942, taxes of 1942 and 1943, which show
property now appearing on the roll as follows:
Section: Block Lot Owner Land Imp. Total
8 51 42 to 50 Village of Mamaroneck $4, 500 2, 500 75000
(517-635)
be corrected as follows, in accordance with the
provisions of sub-division 5 of Section 33:
Section Block Lot Owner Land Imp. Total
8 51 42 to 46, Tura 'Trifiletti $3,300 2, 500 5,500
2/3 of 47
& pt. of 50
(817-640)
5 51 113 of 47, Village of Mamaroneck 1,200 1,200
48,49 and
pt. of 50
(817-635)
On motion by Councilman Mandeville, seconded by Councilman
Bates, it was upon roll call unanimously
RESOLVED, that the Comptroller be and he hereby
is authorized to audit the following claim and
the Supervisor is hereby directed to pay same out
of the supplemental appropriation of $3, 500 made
for War Council activities by resolution of the
Board on July 1, 1942:
To :
War Price Rationing Board
— 430 Mamaroneck Avenue
Mamaroneck, New York
Pro rata share of expenses in connection
with the setting up of new Rationing Board
Headquarters, #55-0-9, at 430-432 Idamaro-
neck Avenue, Mamaroneck, N. Y. , as per
attached list. 220 of $377.27 $ 83 .00
Pro rata share of operating budget for
the period Aug, 1, 1922 to Dec. 31, 1942
as per itemized copy attached. 22% of
$1286.06 $282.93
-$365.93
(Signed) H. E. Baily
Chairman
Dated: Sept. 153 1942.
F. H. Bull, Jr.
Notary Public, Westchester Co . , N. Y.
FURTHER RESOLVED, that the resolution heretofore
adopted at the meeting on September 2, 1942, is
modified to the extent that it is inconsistent with
the Dayment by the Comptroller of the claim as filed
by the Comptroller as filed by, the War Price and
Rationing Board No. 55-0-9.
Councilman Bates stated. that there vxas nothing to report
for his departments .
Councilman Brewer stated that there was nothing to report
for his departmments .
The 'Town Attorney suggested that the regular order of business
be suspended in order to hold the public hearing on amendments to the
zoning ordinance .
The Supervisor opened the hearing and asked if' there was
any one present who wished to comment on the proposed changes .
No one appeared.
The Town Clerk presented proof of publication of the notice
calling a public hearing upon the amendment to the Zoning Ordinance
of the 'Town of Mamaroneck, which was published in The Daily Times of
Mamaroneck on September 4th, 1942 .
on motion duly made by Councilman Brewer, seconded by
Councilman Mandeville, it was
RESOLVED that the Zoning Ordinance of the 'Town
of Mamaroneck and the map accompanying and forming
a part of said Zoning Ordinance as last amended on
February nth, 1942, is hereby amended so as to show
all the property on said map, now designated as
''Saxon Woods Park" , "Cross County Parkway" and "Pelham
Port Chester Parkway as being in an "A" use area and
height district.
The Supervisor requested the Toran Clerk to read the communi-
cations .
4 letter of resignation as a member of the War Council dated
September 7, 1942, was received from Dr. Wm. H. Conway, Lieutenant
in the United States Army Air Force .
The Supervisor recommended the following resolution which
was on motion by Councilman Brewer, seconded by Councilman Mandeville,
unanimously adopted:
WHEREAS, Dr. William H. Conway, a resident of the
Tovan of Mamaroneck, has for over two years acted
as Chairman of the Emergency Medical Service under
civilian defense; and
WHEREAS, he has set up an excellent medical service
and in the setting up of this service has found it
necessary to contribute many hours of time; and
WHEREAS, Dr. Conway has resigned as a member of the
Town of Mamaronech War Council and Chairman of the
Emergency Medical Service to enter the armed forces
of the United States;
NOT, , THEREFORE, BE IT
RESOLVED, that his resignation be accepted with regret
and that he be advised that the Tovcnn Board has a keen
appreciation of the many hours of service which have
resulted in the efficient and well v,orked out Emergency
Medical Service of the 'Town of Mamaroneck and extends to
hire their very best wishes for a satisfactory service
in the United States Army.
The following letter was read:
September 15th, 194.2
Tcvan Board
Tovan Offices
Boston Post Road
iamaroneck, iVery York
Gentlemen:
I herewith request you to grant me a leave
of absence for the duration of the iwar period.
I have accepted a position as assistant
Field Director with the i,,merican Red Cross in connection
with its service to the armed forces overseas, commencing
Monday, September 21st.
Yours very truly,
(signed.) Anthony V. Rapoila
Case [worker
On motion by Councilman landeville, seconded. by Councilman
Bates, it rras upon roll call unanimously
RESOLVED, that Anthony V. Rapolla, Case Worker
in the Public Welfare Department of the Tov n
of :,Mamaroneck, be and he hereby is granted a
leave of absence for the duration of the war
period.
A letter ^aas received from the office of the 'I'evIn' s insurance
broker, Edward A. Keeler, requesting that a termination and release
notice be signed in connection iwith the cancellation of The Globe
Indemnity Bond 1Jo . A315975, naming Louis Bleiweis as principal. It
was recalled that lair. Bleivreis resigned from the position of constable
without performing any of the duties of that office.
On motion duly made and seconded the Supervisor was
authorized to sign the release .
A letter dated August 3, 1942, from Mrs . Theresa Giovannone,
which was presented at the previous meeting and laid over for further
consideration, was read.
Assessor Smith furnished the Board with the information
desired and it was on motion by Councilman Mandeville, seconded. by
Councilman Brewer, unanimously
RESOLVED, that the Receiver of Taxes and Assess-
menu be and he hereby is authorized, empowered
-- and directed to accept payment of the following
taxes on Block 531, Parcel 1 (old description,
Section 5, Block 94, Lot 40) at the face amount
of the lien provided payment is made within thirty
days:
Year of Year of Amount of
Tax Sale Lien
1920 1921 2.60
1934 1935 14.45
The follouring letter was read:
September 15, 1942
Town Board
Boston Post Road
Mamaroneck, New York
Gentlemen:
Mr. Elmer Nelson, sales manager of the Diebold
Safe &, Lock Company of New York City, inspected the
safes in the basement of the Welfare Department and
gave as his opinion that they were not worth anything
either as safes or as junk. He explained two of them
were mostly concrete and the cost of separating the
metal from the concrete could be so great that it would
not pay there to break them up. Tt was his opinion that
if you could get somebody to remove theirs, we would be
Iucky.
Respectfully yours,
(signed) Charles D. DeVinne
Public Welfare Officer
it was on motion by Councilman Mandeville, seconded by
Councilman Bates, upon roll call, unanimously
RESOLVED, that Public Welfare Officer DeVinne
be and he hereby is authorized: to dispose of
at no cost to the 'Town the old safes now stored in
the Town Hall.
Comptroller Luceno submitted a statement showing the settle-
ment between the 'Town of Mamaroneck and the Village of Mamaroneck
in connection sith the sale of property described on the Village of
Mamaroneck tax roll as Section 5, Block 51A, Lots 42, 43, 44, 45, 46,
47.9 and 50A to `Tura Trifiletti (by assignment of contract on Septem-
ber 14, 1942.
On motion by Councilman Brewer, seconded by Councilman
Palandeville, it was unanimously, upon roll call,
RESOLVED, that the follovring statement be and
it hereby is approved, received and filed:
VILLAGE OF MAMARONECK
September 16, 1942
Settlement between the Town of Mamaroneck and, the Village
of Tarraroneck in connection with the sale of property
described on the Village of Mamaroneck tax roll as
Section 8. Biock 51A, Lots 42, 43, 44, 45, 46, 47A
and 50A to 'Tura T'rifiletti (by assignment of contract)
on September 14, 1942.
Basis of Apportionment:
Town of Mamaroneck:
Amount of tax liens 1931 to
1941 inc. (except 1938 tax) $1,280.38
ap
1942 Town tax as portioned
4 l _
to 9/14/42 78.70 $1,359.08 50.2360
Village cf Mamaroneck:
..mount of tax liens 1932 to
1941 inc . 1,276.27
1942 Village tax as apportioned
9/14/42 70.04 1,346.31 9.76 o
TOTAL $2,705 .37 100. 000%
Receipts:
Sale of property $1, 500. 00 .
Rent iovember, 1941 to July,
1942 inc . 8 mos . @ $30.00 240 .00 1,740.00
Disbursements:
Cormmission for collection of rents 11. 25
Water arrears to February 2, 1942 28.29
November 1, 19/+l -
February 2, 1942 9 .75
February 2 to larch 12, 1942 4.05
42.09
Credit over payment 11/1/41 to
2/2/42 9 .75 32.34
March 12 to 1.1ay 1, 1942 4.95
May 1 to August 3, 1942 9.75
August 3 to September 14, 1942 4.35
Brokerys Commission (minimum) 100.00
Title search 40.00
Serving summons 14.00
Filing !is pendens 2.70
Entering judgment 1. 50
Publication legal notice 23 .00
Referee fees 20 .00
Filing 4 deeds 10.00
Telephone calls and miscellaneous
expenses of attorney 10.65 284.49
Balance to be apportioned $1,455 . 51
- Apportionment - - -
Town of Mamaroneck 50. 236% $731.19
Village of 'Mamaroneck 49 .764% 724.32 $1,455 . 51
Note: There is 22 mos . rent due (months of July, August and
September 1 to 15) @ ,30.00 per month, a total of
$75 .00. If and. when paid, this will be distributed
on the above settlement basis.
On motion by Councilman Brewer, seconded by Councilman
Mandeville, the following resolution was unanimously adopted, upon
roll call:
WHEREAS, there are tax liens due the Town of Mamaro-
neck for the sales of 1932 to 1942 inclusive with
the exception of the 1939 sale; and
-iEEREAS, this Board has agreed to accept a reduced
a-_lount in payment of these tax liens;
i0M` , THEREFORE, BE IT
RESOLVED, that the Receiver of Taxes be and he hereby
is authorized to accent the sum of $739.73 in full
payment of all taxes on lock 817, Parcel 640, for the
tax years mentioned above and that the Supervisor and
Receiver of Taxes are authorized to cancel the follow-
ing taxes on Block 817, parcel 640, this settlement to
include all tax liens wih the exception of the 1942
state, county and town tax and the 1942 school tax
which are to be paid on the full araount; the 1942
state, counts and town tax is included in this settle-
went but the 1942 school tax is to be paid by the new
owner:
im
Amount of Cash Received Taxes To Be Cancelled
Tax
Sale
State, County
School
State, County
School
Year
Year
& ToTm Tax
Tax
& Town Tax
Tax
1931
1932
12. 66
26.86
( 8. 58
i 18.421.
1932
1933
14.97
28.18
10.26
19.32
1933
1934
22.38
34.29
15 .34
23 . 51
1934
1935
63 .25
33 .57
43 .37
23 .03
1935
1936
24.92
35 .69
17.10
24.47
1936
1937
33 .02
34..01
22. 65
23 .32
1937
1938
35 .45
35.75
24.31
24. 52
1939
1940
38 .01
35.47
26.07
24.32
1940
1941
39,36
36.44
27 .00
24.99
1941
1942
41. 5
35 .25
28.46
24.17
'v 325 .52
335 . 51
$223 .14
X230.09
1942
State, County
& 'To- ai Tax
4 73 .55
Penalty
5.15
Total
'a 78.70
Note : Actual cash received by Town b739.73
t. mount shovm on Village of
Mamaroneck closing statement 731.19
Adjustment on 1942 taxes w 8. 54
The Town Attorney reported that he had attended the meeting
of the Association of Towns at Svracuse, at which improved and revised
budget procedure was discussed by the County and 'Town Attorneys Section.
He also reported that at the same time he had a conference
with Mr. James 'Pomey, Corporation Counsel of the City of Syracuse
with regard to the assessment of station installations and private
telephone exchanges on property not owned by the company, as a result
of which lie believes it , would be advisable to correct the 1942 assess
ment roll so as to include such installations as real property and
assess them to the New York Telephone Company.
The Supervisor presente
the period. January 1 to August 3
- (1) Sti ,iimary of Receipts and Disb
' -teveizues; and (3) Stater: ent or 13
He also presented a statement of
Com-ptroller from September 1 to
filed.
the fell oiixlg financial reports for
1942, which were ordered filed:
rsements; (2) Analysis of Estimated
dget Appropriations and Expenditures .
the claims audited and paid by the
eptember 15, 1942, which was ordered
The Supervisor stated that he had requested the County
Comnissioner of Public Works, Mr., Harding, to furnish the Town with
a report of the drainage conditions along the Mamaroneck Valley Sewer
System.
The report of the Town lerk for the month of August and
the report of Mamaroneck Health Center for the month of August were
received and ordered filed.
At 11: 20 P . M. the Board unanimously resolved to adjourn.
Cle
rm