HomeMy WebLinkAbout1940_11_20 Town Board Minutes REGULAR MEETING OF THE TOWN BOARD
TOWN OF MAMARONECK, NEW YORK
HELD NOVEMBER 20, 1940
At the Town Offices, 158 West Boston Post Road, Mamaroneck, N . Y.
The meeting was called to order by Supervisor McCulloch
at o P.M. Present: Supervisor mcCulloch
Councilmen Bates, Griffin, Mandeville, Meginniss
Absent. None
The presence was also noted of Town Clerk Payne, Town Attorney
DeIius Assessor Smith, Comptroller Luceno and Town Engineer Foote .
The Supervisor requested the Town Clerk to read the communi-
cations .
A letter dated iIovember 14, 1940, was received from William
V. McCarthy, Chief of the Town Fire Department, advising that the Fire
Council had adopted a resolution requesting the Town Board to arrange
for and approve of the storage of the old hook and ladder truck in the
town yard . The letter was referred to Councilman Idandeville .
A letter dated November 14, 1940, was received. from Joseph
Pittera, in which he stated that he was writing on behalf of all the
residents Of Lester Place and Williams Place . He complained about
the condition of the two streets and requested that the Town Board
take some action on the matter .
Following some discussion on the subject during which Town
Attorney Delius and Town Engineer Foote pointed out that the Town did
not own the streets mentioned, it was decided to refer the matter to
Attorney Delius and Engineer Foote, to make a study of the condition
of title of the property along the streets and to report back at a
later meeting .
A letter dated November 18, 1940, with an application of the
Westchester Street Transportation Company, Inc . covering the extension
of the fifth Avenue New Rochelle bus line into the Tovan of Mamaroneck
to the intersection of Madison Street and Myrtile Boulevard., was re-
ceived.
The members of the Board discussed the matter at length and
decided to set January 8, 1941 as the date for a public hearing to be
held at the Town Office rooms at 8 P.M. Attorney Delius was directed-
to prepare and order published the necessary notice .
A letter dated November 1940, was received from the
Association of Town of the State of Nevr York, signed by Frank C.
Moore, Executive Secretary, calling to the attention of the members
of the Board that a conference on National and Local Defense would.
be held Wednesday, november 17, 1940 at the City Of Newburgh, New
York. The Town and County officers of this and six nearby counties
were asked to attend. The Supervisor asked the members of the Board
to take note of the place and time of the conference .
Mr. Henry T. Hornridge appeared as attorney for Edward B.
Loughman, receiver of the Larchmont National Bank and Trust Company,
and requested a permit for the use of the so-called "Brady's Inn" property on the
Boston Post Road for a restaurant. Mr. Hornridge stated that the property had
previously been used for the same purpose but recently it had become vacant
and that the receiver of the Larchmont National Bank and Trust Company had a
proposition to sell the same provided the purchaser could be sure of its use for
a restaurant.
On motion duly made by Councilman Bates and seconded by the councilman
Griffin, it was unanimously
RESOLVED, that permission be granted by this Board.
to Edward Do Lougman, as Receiver of the Larchmont
National Bank & Trust Company, for the use of the
premises known as Brady' s Inn on the Boston Post.
Road, as a restaurant, including the sale of alcoholic
beverages as permitted by law.
FURTHER RESOLVED, that the description of the property
for which permission is given pursuant to Section 7
of the Zoning Ordinance of the Town of Mamaroneck, being
now in an unclassified district "F", is as follows :
ALL that certain plot of land with the
buildings and improveirents thereon, situate,
lying and being in the Town of Mamaroneck,
County of Westchester, State of New York,
bounded and described as follows :
BEGINNING at a point on the northwesterly
side of Boston Post Road at the intersection
of said northwesterly side of the Boston Post
Road and the division line between the premises
about to be described and the lands now or
formerly. of the Herbert Land Company, running
thence along the lands now or formerly of the
Herbert Land Company and along a stone wall
the following courses and distances :
North 55 degree 40' West 128.10 feet; north
56. 289 west to a point which is distant
200 feet nortrhwesterly from the northwesterly
sideline of the Boston Post Road measured
along a line forming a right angle with said
northwesterly sideline of the Boston Post Road;
running thence north 310 14' east and north
47 degree 03 ' east along a line parallel to and at all
points distant 200 feet northwesterly from the
northwesterly sideline of the Boston Post Road
measured at right angles to said northvrestsrly
sideline of the Boston Post Road, to the north-
easterly boundary of the premises being
described; running thence along the said north-
easterly boundary line of said premises being
described south 330 56' 10" east to the nor'th-
wdesterlV sidelne of the Boston Post Road.;
running thence along the northwesterly sideline
of the Boston Post Road south 47 degree 03' west 80.70
feet to an. angle; running thence south 31 O 14'
West still along the northwesterly sideline of
the Boston Post Road. 183.90 feet to the point or
place of beginning.
The said premises being a portion of the premises
no or formerly known by the street number
125 Boston Post Road and as Brady' s Inn.
FURTHER RESOLVED, that such use shall be in all
respects in accordance with the provisions of law
and ordinances of the Town of Mamaroneck.
The Supervisor asked if there was an; one else present , who
wished to address the Board.
Mr . Euclid Brondoli appeared and requested permission to
pay certain tax arrears at a request. amount ,
After the members of the Board heard Mr. Brondoli, the
Supervisor recommended that the request be granted.
On motion by Councilman Griffin, seconded by Councilman
Bates, it was unanimously.
0
RESOLVED, that the Receiver of Taxes and Assess-
ments be and ne hereby is authorized, empowered
and directed to accept payment of taxes for the
following years on the following described property
the liens for which are held by the Town, in the
face amount of the tax, provided payment is made within
sixty days
Section Block Lot Year Of Tax State County Town Tax School Tax
8 92 6,7 1933 $8.84 $16.68
1934 9.08 13.96
1935 29.42 15.62
1936 10.82 15.50
1937 14.88 15.33
1 to 7 1938 66.97 16.54
1939 18.58 16.28
1940 17.13 15.98
8 92 26,27 1935 29.42 15.62
1936 10.82 15.50
1937 15.36 15.82
1938 16.48 16.63
1939 19.17 16.81
1940 16.57 15.46
Councilman Griffin presented a petition received from the
Assessor for the correction of the assessment roll so as permit
the apportionment of taxes. Mr. Griffin explained that the change
was necessary because of the sale of part of the property.
On motion by Councilman Griffin, seconded by Councilman
Mandeville, the following resolution was unanimoulsy adopted:
WHEREAS, the Assessor has presented a petition
dated November 20, 1940, for the correction of the
assessment roll for the year 1940, taxes of 1941,
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
WHEREAS, after due consideration this Board finds it
desirable to grant said petition for the correction of said
asssessment roll;
NOW, THEREFORE BE IT
Resolved, that the assessment roll for the year 1940,
taxes of 1941, which shows property now appearing on the roll as follows
Section Block Lot Owner Land Imp. Total
3 4 1(304-1) Johnethel Realty Corp. $166,600 3,400 170,000
3 3 1 to 3
be corrected as folows , in accordance with the provisions of sub-divison 5 of section 33:
Section Block Lot Owner Land Imp. Total
3 3 1 to 3 Johnethel Realty Grp 163,600 3,400 167,000
(304-1)
4 1
3 4 9 Sidney Winkel
(304-850) (all in school district #2)
Councilman Griffin presented a letter dated November 2, 1940
received from Public Welfare Officer DeVinne, recommending the Appointment
of Mrs. Ruth James of 107 North Broadway, Tarrytown, New York
EM
to fill the vacancy caused by the resignation of Mrs . Mildred S . Browrn,
case worxer. Mr. DeVinne stated that the work of the department was
increasing and it vvas necessary that Mrs . James be placed on the staff
as soon as possible, the appointment to be subject to acceptance by
the Social Welfare Department of the State of Nevw York,
Mr . Griffin explained that after Mrs. Brown's resignation the
department had been operating with three investigators but the
number of nevi and re-opened cases increased so rapidly it was ne-
cessary to proceed. to fill the vacancy swithout delay. He stated
that local applicants along with others were considered for the
position.
He offered the following resolution which was seconded by
Councilman Bates and on roll call unanimously adopted;
RESOLVED, that the recommendation made by
Mr. DeVinne be approved and that airs . Ruth James
be appointed case worker in the Department of
Public Welfare of the Town Of Mamaroneck for the
temporary period of sixty days starting December 1,
1940, the salary to be at the rate of $1,200 per
year and final appointment to be subject to acceptance
by the Social Welfare Department of the Stye of
Ne,a
Councilman Bates reported that the W.P.A. project for
drainage in the Larchmont Ridge Section Maas getting along pretty
ell .
Councilman Meginniss presented the following financial
reports for the period from January 1 to October 31, 1940 which
were ordered filed: (1) Suimmary of Receipts and Disbursements
(2) statement of Estimated. Revenues; and (3) Statement of Budget
Approprlations and Expendtures , He also presented a statement
of P.A. to projects as of November 1, 1940 which vras ordered filed.
Councilman landeville stated that he had nothing to report
concerning the Highway Department "
Supervisor
McCulloch suggested that a date be set for a
meeting of the Board to go over the budget requests of the department
of the Town for the year 1941.
Following some discussion, it vras decided that the meet-
ing be held Saturday, November 23, 1940, at 2 P . M. at the Town
Offices .
Comptroller Luceno called to the attention of the Board
that the final date for the Town to take up the option to renew the
lease for the premises used as the Town Office was December 15, 1940.
He read the terms of the 1940, lease and pointed out that the Option
to renew was at the same rental price as in past years, namely, $175 ®
mer month.
Following some discussion, it was on motion by Councilman
Griffin, seconded by Councilman Meginniss, unanimously
RESOLVED, that the Con.rtroller be authorized
to notify the representatives of the ommers of
the premises Imovrn as 158 West Boston Post Road,
Mamaroneck , New York, that the Town was prepared
to take up the option set forth in the 1946 lease
and to renew tile lease for the year 1941 under the
same terms and conditions .
Councilman Mandeville introduced the following resolutions:
resolution:
RESOLUTION APPROPRIATING THE SUM OF $8,650
TO PAY A PORTION OF THE COST OF PUBLIC IMPROVEMENT
ATORf RELI-' PROJECTS IN Th T07N, UTHORIGING THE
ISSUANCE OF $8,650 BOI;DS OF TTIE TOWN, FOR SAID PURPOSE,
AND REOEALING TWO RESOLUTIONS ADOPTED ON AUGUST 21,
1940.
RESOLVED BY THE TOWN BOARD OF THE TOWN OF MAMARONECKTHE COUNTY OF
NECK, IN THE COUNTY OF WESTCHESTER, NEW YORK, as follows:
Section 1> The sum of $8,650 is hereby appropriated
to pay the portion to be borne by the Tov:n of public
improvement wore relief projects in the Town undertaken
through or by the authority of the work Projects Ad-
ministration of the federal government, or other work authority of the federal gcvernrr_ent, including
relief authority of the federal government, including
the cost of furnishing labor, materials, supplies and
equipment for such -projects and incidental expenses in
connection therewith, the said public improvement work
relief projects to include only projects having a
period of probable usefulness of at least ten (10;
years, computed from November 20, 1940, the date of
adoption of this resolution® It is hereby determined
that no indebtedness , whether temporary or permanent,
has been incurred prior to said date to finance any
portion of the cost thereof . To meet said appropriatiori,
bonds of the Town in an aggregate principal amount not
exceeding $8,650 shall be issued
Section 2® Said bonds shall be dated May 1, 1941,
wall mature in the principal amount of 1,650 on May 1,
1942, and $1,000 on May 1 in each of the year's 1943 to
1949, both inclusive, shall bear interest at a rate not
exceeding six per centum (6%) per annum, payable semi-
annually on the first days of May and. Eo'vembe2 in each
year, shall be numbered, shall be in such form and. of
such denemination, shall be payable at such place or
places, in such specie or other currency, and shall be
sold at public sale in such marner and on such ter:ris,
but for not less than their par value, as shall here-
after be determined by subsequent resolution or resolu-
tions of this Board.
Section 3 The faith and credit of said. Town shall
be and are hereby pledged for the punctual paymient of
the principal of and interest on said bonds, and a tax
shall be numbered annually on all of the taxable property
in said Town in an amount sufficient to pay the prin-
cipal of and interest on said bonds as the same shall
become due .
Section 4, The resolution of tinis Board entitled:
"Resolution approriating the sum of $4,950 to pay a
portion of the cost of public improvement relief
projects in the Town and authorizing the issuance of
$4,950 bonds of the Town of Mamaroneck for said purpose" ,
adopted on August 21, 1940, and a resolution of said
Board authorizing the issuance of $4950 certificates
t-
of indebtedness in anticipation of the issuance of
bonds, adopted on August 21, 1940, are hereby repealed.
Sec Berl 5 . This resolution shall take effect imme-
diately.
On motion of Councilman Mandeville, seconded by Council-
man Griffin, the foregoing resolution was adopted by the following
vote :
AYES: Supervisor
Councilmen
NOES: None
McCulloch
Bates, Griffin,
and Meginniss
Idandeville,
Cotmcilman Tvandeville introduced the following preamble
and resolution:
WHEREAS, a resolution entitled: Resolution appro-
priating A the sum of $8,650 to pay a portion of the
cost of public improvement work relief projects in
the Town, authorizing the issuance of $8,650 bonds
of the Town for said purpose, and repealing tz,;o
resolutions adorted on August 21 , 19,011, adopted
November 20, 1940 has become effective . Now,
therefore, be it,
RESOLVED BY THE TOWN BOARD OF THE TOWN OF
MAMARONECK, IN THE COUNTY OF WESTCHESTER,
NEW YORK as follows:
Section 1 . For the purpose, of financing the cost of
permanent improvements provided for in said
resolution, in anticipation of the issuance of bonds,
the Supervisor is hereby authorized to issue a Certi-
ficate, or Certificates, of Indebtedness of the Town
of Mamaroneck in an aggregate principal armont not
exceeding $8,650. Said Certificates shiall each be
designated. "Work Projects Certificate of Indebtedness" .
Section 2 . The fcllorring matters in connection. With
said Certificates are hereby determined:
Date : December 2, 1940
Maturity: April 1, 1941
Denominations : $8,650.00
Numbers: W.P.A. #21
Form: Substantially, in accordance with
resolution adopted October 4, 1939 .
Place of Payment: To be determined by the
Sucervisor .
The Supervisor is hereby authorized to determine all
matters in connection with said Certificates of
Indebtedness, the determination of which is not pro-
vided for by this or subsequent resolutions , And his
signature upon said Certificates shall be conclusive
as to such determinations . Said Certificates shall
be Signed by the Supervisor, shall have the corporate
seal of the Town affixed thereto and attested by the
Town Clerk. The Supervisor is hereby authorized to
sell said. Certificates at public sale or private sale
at not less than par and to fix the interest rate
thereof at net exceeding six per centum (6%) per annum,
and to deliver same to the purchaser upon receipt of
the purchase Write, plus accrued interest from th.e
date of the Certificates to the date of delivery;.
Section 3 . Any instrument issued pursuant to this
resolution shall be a general obligation of the Town
of Mamaroneck, and the faith and credit of the Town
are hereby Pledged for the punctual payment of the
principal ofand interest on said. obligations, and
unless otherwise uaid or payment provided for, a tax
sufficient to provide for the payment thereof shall
be levied and collected..
Section 4: This resolution shall take effect im-
medlalely .
x
On motion of Councilman Mandeville, seconded by
Councilamn Griffin, the foregoing resolution was adopted by the
following vote:
AYES : Supervisor McCulloch
Councilman bates, Grifin, Mandeville,
and Meginnis
Noes: None
The Town Attorney stated that he reccmmended the settle-
ment of the certiorari proceedings instituted by Walker & Forbes,
Inc. to review the assessment upon a Parcel of property in the Village
of Mamaroneck known as Section 8, Block 69, Lots 7 and 8; Section 8,
Bloclk 72, Lots 1 and 2; and Section S, Block 80, Lots 1 and 2A on the ;
basis of a reduction in the assessment from $90,450 to $76,935. for
the year 1939 (tax of 1940) and from $90,450 to $76,935 for the rear
1940 (tax of 1941)
Councilman Bates introduced the following resolution
which was seconded by Councilman Meginniss:
WHEREAS, heretofore and ON or about the 29th
day of September, 1939, a writ of certiorari
was obtained by Waler & Forbes, Inc . , owner of of Section S, Bloc., 69, pots 7 and. Sy Section
Section 8, Block 72, Lots 1 and 2; and Section 8,
Block 80, Lots 1 and 2A to review the assess-
-ment for the year 1939 (tax of 1940) and a similar writ
was obtained on the 15th day of October, 1940
to review the assessment for the year 1940 (tax of 1941)
on the same property; and
WHEREAS, a return to the 1930 writ was duly
filed by the Assessor and Board of Review
on or about the 15th of November, 1939 and.
no further proceedings have been taken, and
no further proceedings have been taken with
reg ard to the 1,60 writ since it has been
filed; and
WHEREAS, the Town Attorney, and Assessor re-
commend to this Board. trial the proceedings be
settled and discontinued upon th reduction of
the assessment from $90,450 to $76,935 for
the years 1939 and 1940 (taxes of 1940 and 1941 respectively)
NOW, THEREFORE, BE IT
RESOLVED that THE assessMent for the years
1939 and 1940 upon. property known as Section 8,
Block 69, Lots 7 and 8; Section 8, B1ocl: 72 ,
Lots 1 and 2 ; and Section 8, Block 80, Lots 1
and. 2A, assessed for $90,450, be reduced. to
$76,035, provided tine certiorari proceedings
now pending in the name of Walker & Forbes
Inc. be discontinued without costs to the Town of Mamaroneck.
FURTHERMORE RESOLVED, that the Town Attorney is
hereby authorized and directed to sign the necessary
stipulations to obtain orders of the Supreme Court providing
for such reductioins acid the refund of any excess taxes paid.
On motion by Councilman Bates, seconded by Councilman
Meginniss the following resolution was unanimously adopted:
WHEREAS in foreclosure proceedings instituted
by the Town Of Mamaroneck against Richard G.
McKeand et al, the referee, duly appointed for
that puracse by order of the Supreme Court, Sold
to the Town of Mamaroneck, property described as
Section 1, Block 65 , Lots 98, 99, 112 and. 113, on
the Assessment, Map of the Town of Mamaroneck and
WHEREAS the said referee has applied to the payment
of certain taxes, assessments and tax liens owned
by and due to the Town of Mamaroneck, together with
interest and penalties thereon to the date of sale,
MIM
the sum of $1861.71 which, taxes, assessments
and tax liens are required to be cancelled by the
provisions of Secticn 54 Oi the Westchester County
Tax Act
NOW, THEREFORE BE IT
RESOLVED, that the following taxes, assessments and tax
liens are hereby canceled: \
Section 1, Block 65 , Lot 98
t'ea'r of
Amount of
Interest to
Sale
Lien
Nov. 20 ,19GL0
Total
1917
8 6 .35
19.10
25 .45
1929
17 .44
21 . 06
41. 50
1930
2 .28
19.66
35 .67
1931
1'7.02
19.33
36 .35
n -
i
16.73
17 .12
33 .85
1933
1. 7.65
15 .74
33 .3 9
1934
15 .53
12 .06
27 . 59
1935
21.65
14.07
35 .72
l0 6
17 .15
9 .19
26.3L;
1937
17.84
7.41
25 .25
17 .02
Section 1,
Block 653 Lots-08
and 99
1917
6.35
19.10
25 .45
1935
37 .26
11.05
45.31
,
1 3 cr
11.37
7 30
`7
48 .G .
10
35.03
2 .28
a;,.,- 31
1940
1940
10 .06 (School)
2 .85
36.LC
Section 1 Block
65 , Lot
99
1929
17 .44
24,06
41. 50
1930
15 .81
19.86
35 67
1931
17 .02
19 .33
36.35
1932
16 ,73
16 .96
33 .69
1933
17.65
15 .74
33 .39
1934
15 . 53
12.06
27 . 50
1935
21. 65
14.07
35 .72
1936
17 .15
9.19
26 .34
1937
17 .84
7 .41
25 .25
Seeder 1, Block 65 , Lot 112
1808
1.85
9 ,45
11.30
1919
5 .22
14.67
19 .69
1935
32 .10
20.86
52.96
1936
44.87
24.05
65.92
1937
112 .41
46 .79
159.20
Section 1 Block 65 Lots112 ,113
1038
9-.92
27 .40
119.32
1939
96 .73
17 .19
113 .92
1940
93 .32
5 .60
98 .92
1940
65 .98 (S .C.T .)
1940
15.89 (School)
7 .39
89 .26
Section 1 Block=
65 . Lot
113
1897
1.85
9.45
11.30
1918
5 .22
14.67
19.89
1 93
32 .10
20.86
52.96
1936
44 .8 7
21 .05
68 .92
1.37
112 .41
46 .70
150 ®20
AND WHEREAS, the Special Assessment Fund owed to
General Fund, the sum of $311.24, represeinting
the following unpaid assessments on Section 1,
Block 55, Lots 112 and 113, for the payment of
principal and interest on the bonds issued for the
cost GS the Weaver Street Sidewalk Improvement, namely:
Tax° of 1935 Sale of 1936 $34.90
1936 1937 153.58
— 1937 1938 32.49 32 .49
1938 1939 31.29
1939 1940 30.09
1940 28.89
NOW, THEREFORE, BE IT
RESOLVED, that the sum of $311.24 owing to the
General Lund by the Special Assessment Fund be
cancelled, and the Supervisor be authorized to
correct the book: records acccrdingly
Supervisor McCulloch reportod that he had conferred with
Mr. Robert Mosses, Commissioner of the City and State Of New York,
Or: the question Contemns the prorosed Pelham-Port Chestar Parkway,
He said that Mr. Moses had, advised him that he had been requested to
make a study Of the highways in this section for military proposes and that
he had found the Pelham-Port Chester Parkway route to be very
important; also that he felt that he had made an honest report
in carrying out his duty.
The Supervisor stated that had informed Mr Moses that
the right-of-way was purchased. for a parkway and not for a mixed
traffic road. He said that he pointed out that nothing could be
found in the records where it did not mention that the right–of–way
was for such a purpose . He called to the attention of Mr. Moses . .-Moses
the fact that that, Boston Post Road in Mamaroneck was just as wide as
it is in the State of Connecticut . He said that the reason why the
City of New Rochelle and the Village of Port Chester Mere interested
in having the new road built was that they have traffic problem.
to Solve and by this being done would relieve them of the possibility
expenditure. He suggested that it might be well to have a local
committee meet with the Count, Board to discuss the
matter . He added that he had peen informed that a group was planning
of a meeting of residents of the unincorporated section.
The following reports for the month of October 1940 were received and filed:
1) Town Clerk's Report and 2) Report of the Mamaroneck Health Center, Inc.
At 9:15 p.m. the Board unanimously resolved to adjourn.
Town Clerk