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HomeMy WebLinkAbout1941_06_04 Town Board Minutes REGULAR MEETING AND PUBLIC HEARING BY AND BEFORE THE TOWN BOARD, TOWN OF MAMARONECK, NEW YORK HELD JUNE 4, 1941 At the Weaver Street Fire House, Weaver Street, Town of Mamaro- neck, N. Y. Present: Supervisor McCulloch Councilmen Griffin, Mandeville and Meginniss Absent: Councilman Bates The presence was also noted of Town Clerk Payne, Town Attorney Delius, Comptroller Luceno, 'Town Engineer Foote and the following members of the Board of Appeals for Zoning: A. Stirling Smith, Chairman, Orson A. Raynor and C. deWitt Rogers, Jr. Supervisor McCulloch stated that on behalf of the Town Board he wished to thank the members of the Board of Appeals for Zoning for their cooperation in making the study of zoning problems through- out the unincorporated area.. At 8:30 P. M. the Supervisor requested the Town Clerk to read the official notice of the hearing. The Town Clerk read the notice of the public hearing on the proposed amendments to the Zoning Ordinance of the Town of Mamaroneck which, he stated, had been published according to law in "The Daily Times' , the official newspaper of the Town. The Supervisor then declared the meeting open for comments . Mrs . S. W. Duhig asked whether or not all existing uses in sections where changes appear on the proposed map would remain the same . Supervisor McCulloch explained that all existing uses as of the date if and when the Town Board adopts the proposed ordinance and map would remain the same. Mr. Martin E. King, attorney and agent for Johnethel Realty Corporation, addressed the Board in regard to their property now in "F" Unclassified District and to be changed to "A" Residential District in the proposed new ordinance . He stated that the cor- poration had always tried to cooperate with the Town Board and had never created any expense to the municipality and that, therefore, the Board should give careful consideration to the protest entered by them, namely, that the property not be changed to "A" Residential zoning but be retained in "F" Unclassified zone . He pointed out that in 1922 the property was considered. as raw: acreage and of such a nature that it was difficult to deter- mine in just what classification it should be. He said that in the present zoning ordinance there is a clause that states that 'IF" Unclassified- zoning can be changed by the Town Board and that this would save them the expense of going before the Zoning Board of Appeals as required if a change were requested under "A" Classifi- cation. He argued further that no one can foresee what the best use for the property will be under present conditions and urged that the Board realize that this is no time to put restrictions on property. He pointed out that over the years this corporation has imposed on property which it has sold very careful restrictions and has kept up the character of the neighborhood. He thereupon filed a written protest with the Board. Mr . J. W . Sharbough stated that in his opinion Mr . King had given a good many reasons why this change in the zoning map and ordinance should. be put through. He said that they want to preserve the section for the kind of homes that are there now. I W Mr. King again addressed the Board and emphasized the fact that the zoning was a "very serious matter with them even to the point of having to vacate the property and discontinue paying taxes on it" . He said that there were no sewers on Old White Plains Road and Fenimore Road to enable them to develop it and that they "could not give the land away tomorrow" . He asked the Town Board to cooperate with them and figure out some way to help them. Mrs . Duhig informed the Board that she had bought the old_ Murdock farm and that she knew that Mr. Murdock was anxious to keep the property in the very best class because he had "sewed up" her deed Mr. V. J . Kraft, 246 Palmer Avenue, asked why the Board was going to make zoning for two family houses on the north side of Palmer Avenue and on the south side Class "A" . He asked that the Board consider zoning the south side of Palmer Avenue Class "A-2" from the north corner of his property to Weaver Street to a depth of 100 feet on a line parallel with Palmer Avenue; also that the same be done along the east side of his property fronting on an un- named street. Mrs. Duhig stated that part of Mr. Murdock' s property is next to Saxon Woods Park, and could not possibly be sold for Class "A" Residential purposes because no one would want to be next to a picnic park. The Supervisor asked if there was any one else to be heard. He explained that the study of the ordinance and map had taken more than two years ' time and that the Board did not want any one to go away unheard. He again asked if there was any one present who wished to comment on the proposed. changes . There being no one, he declared the hearing closed at 9:15 P. M. At 9:20 P. M. the Supervisor announced that it would be in order for the Town Board to proceed with its regular meeting. He asked the Town Clerk to read the communications . A letter dated June 1, 1941, was received from Gerald J. Campbell, builder, in which he requested the Town to extend the sewer along an unnamed street at the rear of the Larchmont Acres development to the property line of Ida 0. Campbell. He stated that he planned to erect several houses fronting on the street and that he would at his own expense under the supervision of the Town Engineer make further extensions along the front of the property mentioned. The 'members of the Board asked Town Engineer Foote to give estimates on the cost of the project so that a study could be made before taking action. A letter dated Hay 26, 1941, was received from B. J. Santoro, Chairman of the Flag Day Committee of Mamaroneck Lodge 1457 B. P. O . E. in which an invitation was extended to the members of the Board to participate in the Flag Day services to be held June 14, 1941, at 8 P. M. at the Elks Club House . The members of the Town Board directed the Town Clerk to thank Mr . Santoro and advise him that they would make every effort to be present. A Petition dated May 27, 1941, protesting against the fencing in of a map street known as 'Taylor Place by abutting owners was re- ceived.. It was pointed out in the petition that the right-of-way is 8O feet wide and over 400 feet long and has been laid down as a street on the tax maps of the Town of Mamaroneck for over twenty years . The following signers asked the Town Board to affirmatively act so that the same could be retained as a street until proper improvements were made: Name Address Lambert S. Dupes 7 Emerson Place Amelia B. Simpson 10 Emerson Place Fred G. Smith 25 Hillside Road Orson A. Raynor 58 Edgewood Avenue A. Stirling Smith 294 Weaver Street Councilman Meginniss stated that the Town should not relin- quish any right to the property and that something should be done to protect its interest and maintain the right to go in and improve the street sometime in the future. He said that the abutting owners should acknowledge the fact that the property is town-owned property. He recommended that the Town Attorney be directed to proceed in the matter. It was agreed by the members of the Board that this be done and the petition was referred to the 'Town Attorney. Councilman Griffin presented the report of the Department of Public Welfare for the month of May, 194.1, which showed as follows : He reported that the parks throughout the toun were in good shape . Councilman Mandeville reported that the highways were in good condition. Councilman Meginniss stated that he had nothing to report. Supervisor McCulloch informed. the Board that Councilman Bates was ill. The members of the Board expressed the wish that his illness was not serious . Town Attorney Delius presented a satisfaction of judgment prepared by Austin K. Griffen, attorney, releasing certain property in the Town of Mamaroneck from three judgments, amounting to $115 .95, $187.95 and $38.20, obtained by Harry J. Brewer, Morton P. Sarfaty and Charles Mink, constituting the former Building Commission of the Town of Mamaroneck. On notion by Councilman Mandeville, seconded by Councilman Heginniss, upon roll call, it was unanimously RESOLVED, that the Supervisor be authorized to execute the satisfaction of judgment above described and deliver same to Mr. Griffen. The Town Attorney stated that he recommended the settlement of the certiorari proceedings instituted by EMIGRANT INDUSTRIAL SAVINGS BANS, to review the assessment upon property owned by it in the Town of Mamaroneck known as Block 107, Parcel 438; Block 114, Parcel 61; Block 116, Parcel 484; Block 129, Parcel 282; Block 212; Parcel 25; Block 607, Parcel 381; Block 610, Parcel 171; Block 613, Pastel 237; Block 613, Parcel 23 and Block 815, Parcel 756 on the basis of a reduction in the assessment from $41,900, $19,000, $11,700 $21,750, $9,100, $9,750, $9,000, '$22,000, ;$23,000 and $8,000 to $39,900, $17,000, $10,700, $19,500, $8,600, $8,750 $8,000, $20,000, $21,000 and $7,000 respectively. May May 1940 1941 Case Load 348 264 individuals 1165 1069 Case Days 9471 7869 Total Relief Expended 14,204.30 10,248.61 Average Cost Per Case 40.82 38.82 Average Cost Per Individual 9.69 9.59 Average Cost Per Case Day 1.50 1.30 Average Cost Per Individual Per Day .356 .321 M Councilman Mandeville introduced the following resolution, which was seconded by Councilman Meginniss : WHEREAS, heretofore and on or about the 27th day of September, 1940, a writ of certiorari was obtained by Emigrant Industrial Savings Bank, owner of Block 107, Parcel 438; Block 114, Parcel 61; Block 116, Parcel 484; Block 129, Parcel 282; Block 212, Parcel 25; Block 607, Parcel 351; Block 610, Parcel 171; Block 613, Parcel 237; Block 613, Parcel 23; and Block 815, Parcel 756, to re- view the assessment for the year 1940, upon premises owned by it; and WHEREAS, a return to such writ was duly filed by the Assessor and Board of Review on or about the 15th day of September, 1940, and no further proceedings having been taken; and WHEREAS, the Town Attorney and Assessor recommend to this Board that the proceedings be settled and dis- continued upon the reduction of the assessment from $41,900; $19,000; $11,700; $21,750; $9,100; $9,750, $9,000; $22,000, $23,000; and 88,000 to $39,900; $17,000; $10,700; $19, 500; $8,600; $8,750; $8,000; $20,000; $21,000 and $7,000; NOW, THEREFORE, BE IT RESOLVED that the assessment for the year 1940 upon property known as Block 107, Parcel 438; Block 114, Parcel 61; Block 116, Parcel 484; Bloch 129, Parcel 282; Block 212, Parcel 25; Block 607, Parcel 381; Block 610, Parcel 171; Block 613, Parcel 237; Block 613, Parcel 23; and Block 815, Parcel 756, be reduced to $39,900; $17,000; $10,700; $19, 500; $8,600; $8,750; $8,000; $20,000; $21,000 and $7,000 respectively,provided the certiorari proceedings now pending in the name of Emigrant Industrial Savings Bank, be discontinued without costs to the Town of Mamaroneck. FURTHER RESOLVED that the Town Attorney is hereby authorized and directed to sign the necessary stipu- lation to obtain an order of the Supreme Court pro- viding for such reduction and refund of any excess taxes paid. the Town Attorney presented an affidavit executed by Jacques Bendien, setting forth that he had paid in full for the following tax liens on premises owned by him but was unable to find, after diligent and careful search, the original liens with assignments or satisfactions of each which he had received from Bonded Municipal Corporation and Civic Investors : 1. Tax lien #2211 sold in 1933 in the amount of $94. 57 to Bonded Municipal Corporation, covering section 8, block 85, lots 13-A and 14-A. 2. Tax lien #156 sold in 1937 in the amount of $115 .33 to Civic Investors, covering section 8, block 85, lots 13-A and 14-A. 3 . Tax lien #2212 sold in 1933 in the amount of $536.56 to Bonded Municipal Corporation, covering section 8, block 85, lots 15-4, 16-A and 17-A. 4. Tax lien #54 sold in 1936 in the amount of $273 .31 to Civic investors covering section 8, block 85, lots 15-A, 16-A and 17-A. The affidavit of Mr . Bendien provided that the Town of Mamaroneck would be indemnified against any loss that may be sustained by the Town in the event that said tax liens are ever presented later for redemption by any other person or corporation other than himself. The Town Attorney recommended that duplicate tax liens be issued in accordance with the provisions of Section 54 of the West- chester Count- Tax Act, same to be furnished to the Receiver of Taxes to the end that these liens may be cancelled. Upon motion by Councilman Mandeville, seconded. by Councilman Griffin, it was unanimously RESOLVED that the Supervisor be and he hereby is authorized to issue duplicates of the above described liens to the end that the same may be surrendered to the Receiver of Taxes, together with the affidavit of Jacques Bendien, and cancelled.; and be it FURTHER RESOLVED that the Receiver of Taxes, upon receipt of such duplicate liens and affidavit, shall cancel the liens upon his records . The Town Attorney presented a petition dated June 3, 1941, signed by George L. Kettner, attorney for Dorothy G. Hanson, owner of property known as Section 2, Block 12, Lots 21, 22 and 23 • The peti- tion referred to a strip of land adjoining this property which, the petition states, should be included in the above mentioned plot. Following some discussion, the members of the Board referred- the petition to Assessor Smith to report back at the next meeting. The Town Clerk called to the attention of the Board that funds were provided for the division of the Fifteenth Election District in the 1941 budget for elections; also that Section 64 of the New York State Election Law requires "that any creation, consolidation, division or alteration of election districts in any year shall be made on or before July first" . - The members of the Board requested the Town Clerk to submit the maps and figures for the division at the next regular meeting to be held June 18, 1941. The following reports were received and filed: (1) Report of Receiver of Taxes for the month of Play; (2) Report of the Building Inspector. for the Month of May; (3) Report of the Plumbing Inspector for the Montt of May; and (4) Report of County of Westchester Depart- ment of Health for the Month of April. At 9:45 P. M. the Board unanimously resolved to adjourn. Town Clerk