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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