HomeMy WebLinkAbout1940_12_04 Town Board Minutes 5
REGULAR MEETING OF THE TOWN BOARD
TOWN OF MAMARONECK, NEW YORK
HELD DECEMBER 4, 1940
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.
Present: Supervisor McCulloch
Councilmen Bates, Griffin, Mandeville, Meginniss
Absent: None
The presence was also noted of Town Clerk Payne, Town
Attorney Delius, Assessor Smith and Town Engineer Foote.
The minutes of the meetings of October 10, October 15 and
October 16, 1940, were approved as presented.
The Supervisor asked the Town Clerk to read the communications .
A letter dated December 2, 1940 was received from John C.
Forrar, asking the Board to consider his application for the position
of enumerator of dogs for the unincorporated area of the Town of
Mamaroneck for the year 1941.
The Supervisor asked if there were any other applications
for the position.
The Town Clerk advised that this was the only one received.
Councilman Bates recommended that in view of the work done
by Mr . Forrar in past years, he be re-appointed.
On motion by Councilman Mandeville, seconded by Councilman
Heginniss, upon roll call, unanimously
RESOLVED, that pursuant to Section 108 of the
Agriculture & Markets Law of the State of New
York, John C. Forrar be and he hereby is appointed
enumerator of dogs for the unincorporated section
of the Town of Mamaroneck for the year 1941.
The following reports for the month of November, 1940 were
received and filed: (1) Report of the Receiver of Taxes; (2)
Report of the Building Inspector; (3) Report of the Plumbing In-
spector. The report of the County of Westchester Department of
Health for the month of October, 1940 was also received and filed.
Attorney Delius presented the deed for the conveyance by
the Town of a strip of land to the Village of Larchmont from the
southwesterly side of Lot 28, Block 80, Section 1, which land
adjoins the site of the village water pumping station and storage
tank. He explained that the matter had been discussed at an earlier
meeting and that the purpose of the purchase by the village was to
protect their land against rock excavation operations under some
other ownership; also that the sale price, namely, $405 was based
on the Town' s assessed valuation. The deed and description of
the property is as follows:
THIS INDENTURE made the 24th day of December, in the
year Nineteen hundred and forty BETWEEN, Town of Mamaroneck,
a municipal corporation in Westchester County, New York State,
party of the first part, and Village of Larchmont, a municipal
corporation in Westchester County, New York State, party of
the second part:
WITNESSETH, that the said party of the first part, in
consideration of the sum of Four Hundred Five and 00/100
$405) Dollars, lawful money of the United States, and other
good and valuable consideration paid by the party of the second
part, does hereby grant and release unto the said party of the
second part, its successors and assigns forever:
ALL that certain plot or parcel of land situated, lying
and being in the Town of ilamaroneck, Westchester County,
New York and being the southwesterly 20 feet of lot 24
- as shown on a Map entitled "Sub-division of Lots 30, 31,
32 Map of Chatsworth" situated in the Town of Mamaroneck,
Westchester County New York made by Fletcher Herdt
Surveyor, November, 1591, and filed in the Register's
office of Westchester County as Map No. 2301 property
of James J. Burnet, Esq. , said portion of lot 24 being
more particularly bounded and described as follows:
BEGINNING at a point on the northwesterly side of Byron
Place (formerly Myrtle Place) where the same is inter-
sected by the southwesterly line of lot 24 as shown on
the above mentioned map; thence running northwesterly
along the southwesterly line of lot 24 and at right
angles to said Byron Place 135 .0 feet to the north- z
westerly corner of .said lot 24; thence running along
the northwesterly side of lot 24 and at right angles to
the last mentioned line 20.0 feet to a point; thence
running through lot 24 and parallel with the southwesterly
side of said lot 24, 135 .0 feet to the northwesterly
side of Byron Place; thence along the northwesterly side
of Byron Place 20.0 feet to the point or place of beginning.
SUBJECT to Building and Zoning Ordinances of the Town of
Mamaroneck and any amendments thereto or any possible violation
thereof.
SUBJECT to any state of facts including changes in street
lines, which an accurate survey would show.
TOGETHER with the appurtenances and all the estate and
rights of the party of the first part in and to said premises .
TO HAVE AND TO HOLD the above granted premises unto the
said party, of the second part, its successors and assigns
forever.
This deed is given pursuant to resolution of the Town
Board of the Tom , of Mamaroneck, duly passed and adopted
December 4th, 1940.
AND the party of the first part covenants in compliance
with Section 13 of the Lien 'Law, as follows: That it will
receive the consideration for this conveyance as a trust fund
to be applied first for the purpose of paying the cost of the
improvement, and that it will apply the same first to the
payment of the cost of the improvement before using any part
of the total of the same for any other purpose.
IN WITNESS WHEREOF, the party of the first part has
caused its corporate seal to be hereunto affixed and these
presents to be signed by its duly authorized officer the
day and year first above written.
TOWN OF MAMARONECK
BY BERT C. McCULLOCH
Supervisor
Attest:
ROBERT D. PAYNE
Town Clerk
Following some discussion it was upon motion by council-man Mandeville,
seconded by Councilman Griffin, on roll call, unanimously,
RESOLVED, that the supervisor be and he hereby is authorized
to sign the deed for the transfer of title of the above described property to the village
of Larchmont. 57
Attorney Delius reported that he and Town Engineer Foote
had studied the application of Joseph Pittera referred to them
at the last meeting of the Board. He advised that Lester Place
and Williams Place were not in proper condition to be accepted as
town streets as only a small portion of the mapped streets exist
and that the property required for completion was heavily mortgaged.
He explained that a title search had been made in 1935 and that
Mr . Pittera had been asked several times to get the deeds in shape
for the consideration of the Board. He added that this had not
been done and recommended that the application be denied.
He also reported that he had received a notice from the
Association of Towns of the State of New York to the effect that
a conference would be held by the attorneys for the towns and
counties of the State on December 12, 1940 at Albany, New York.
He expressed his desire to attend the conference .
On motion by Councilman Bates, seconded by Councilman
Griffin, the following resolution was unanimously adopted:
RESOLVED, that Town Attorney Delius be authorized
to attend the conference of town and county attorneys
of the State of New York on December 12, 1940, at
Albany, New York, and that he be reimbursed for the
expenses of the trip out of the funds provided for
traveling in the budget for the Department of Law.
Councilman Mandeville reported that the streets throughout
the town were in good condition following the snowfall; also that
he had heard that the town was complimented on the fine work done
along the Boston Post Road during the storm. He also reported
that he had talked with Fire Chief McCarthy about the storage of
the old hook and ladder truck at the Town Yard and that he did not
find any space suitable for this purpose due to the amount of
storage space required for the Highway Department. He said that
they would proceed to find some other space for the truck.
Councilman Griffin stated that there was nothing to report
for the Park Department.
He presented and read the report for the Welfare Depart-
ment of the Town of Mamaroneck for the month of November, which
showed as follows:
Councilman Megirniss stated that there was nothing to
report for his departments.
The Supervisor asked if there was any one present who
wished to address the Board.
November
November
1940
1939
Case Load
313
364
Individuals
1265
1539
Case Days
8834
10307
Total Relief
Expended
$12, 532.30
$16,,255 .70
Average Cost
Per
Case
40.04
44.66
Average Cost
Per
Individual
9.91
10. 56
Average Cost
Per
Case Day
1.42
1.58
Average Cost
Per
Individual
Per Day .351
.374
Councilman Megirniss stated that there was nothing to
report for his departments.
The Supervisor asked if there was any one present who
wished to address the Board.
Mr. Frank M. Gagliardi, attorney, appeared on behalf of the
Federal Housing Administration to offer to settle certiorari proceed-
ings instituted to review the assessment upon the development known
as Larchmont Acres, Block 408, Parcel 1 and Block 918, Parcel 70.
He said that the case would be up for a hearing within a short time
and that he would not proceed if he could arrange a settlement.
Councilman Meginniss inquired as to the amount of the mort-
gage on the property. Mr. Gagliardi stated that it was $1,650,000.
Mr . ideginniss asked for the cost of construction of the
improvements and the annual gross income.
Mr. Gagliardi replied that he did not know the cost of
construction but that the annual gross income was about $278,000
when fully rented.
Following a lengthy discussion during which the matter was
reviewed, it was decided that no settlement could be arranged on
the basis offered by Mr. Gagliardi and that the Town Attorney be
instructed to proceed with the case .
the members of the Board for
when departed.
apeared and asked if the Board had
it Lester. Place and Williams Place
Mr . Pittera that the Town Attorney
ted that the streets were not in
Town.
.he owners had done the best they
streets . . He pointed out that
ighborhood.
oilman Dleginniss explained that it
gears to pay for the cost of the
shat it would probably take forty
properties to pay this amount
me Supervisor suggested that in order
umetning definite on costs, Town Engineer Foote be requested
to prepare estimates for the road construction and that Assessor
Smith, be requested to furnishthe Board with the gssessed valuation
of the properties affected.
Mr. Pittera stated that he was satisfied to wait until
these figures were presented to the Board.
The Supervisor informed the Board that there was a
possibility that Halstead Avenue would be taken over by the County
as a County highway and that if such action should take place, it
would be necessary that the Town of Mamaroneck share in the cost
of a N. P. A. project to re-build the bridge over the Mamaroneck
River on Halstead Avenue at the boundary lines of the Town of Mama-
roneck and the Town of Rye. He said that the project would require
some study and suggested that the matter go over to another meeting
when more information would be available .
At 9:15 P. M. the Board unanimously resolved to adjourn.
Tovm Clerk