HomeMy WebLinkAbout1941_10_15 Town Board Minutes REGULAR MEETING OF THE TOWN BOARD
TOWN OF MAMARONECK, NEW YORK
HELD OCTOBER 15, 1941
At the Town Offices, 158 West Boston Post Road, Mamaroneck, N . Y.
at 8 P. III.
The meeting was called to order by Supervisor PcCulloch
Present: Supervisor McCulloch
Councilmen Bates, Griffin, Mandeville, Meginniss
Absent: None
The presence was also noted of Deputy Town Clerk Alice E.
Wheelock, Assessor Smith, Town Attorney Delius, and Town Engineer
Foote .
The Board went into executive session in order to hear
Mr . Charles Daymon, realtor, who addressed the Board concerning a
claim for his services in connection with the contemplated trial of
a certiorari proceeding. After considerable discussion the matter
was referred to the Supervisor and Town Attorney.
At the conclusion of the executive session the Board
proceeded with the regular order of business .
Councilman Bates presented a letter dated October 15,
1941, from Burton C. h1eighan, Jr. in behalf of the William T. Wood
Estate, owner of the property occupied by Dutchland Farms on the
Boston Post Road, requesting the Town to re-wire the motor and install
a new switch on the sewer apparatus which the Town had furnished about
two years ago. The letter explained that the property is located in
a sewer district but no sewer is available for the area.
After discussion the following resolution was moved by
Councilman Bates and seconded by Councilman Mandeville:
vote:
RESOLVED, that the
Boston Post Road of
authorized to make
sewer apparatus on
mately $150 and to
payment; and be it
owner of the property on the
:cupied by Dutchland Farms be
the necessary repairs to the
the property at a cost of approxi-
send the bill to the Town for
FURTHER RESOLVED, that the Town Attorney be and he
hereby is directed to make an agreement with the
owner of the property whereby after payment of this
bill for these repairs, the Town will be relieved
of any further responsibility for the proper working
order of the sewer apparatus .
The foregoing resolution was adopted by the following -
AYES: Supervisor McCulloch
Councilmen Bates and Mandeville
NOES: Councilmen Griffin and Meginniss
Councilman Bates reported that the work on Ferndale Road
was going along very well.
Councilman Meginniss presented the following financial
reports for the period from January 1 to September 30, 1941, which
were ordered filed: (1) Summary of Receipts and Disbursements;
(2) Statement of Budget Appropriations and Expenditures; (3) Analysis
of Estimated Revenues and (4) Highway Fund as of October 9, 1941.
Councilman Meginniss read a communication dated October 7,
1941, from the Fire Council of the Weaver Street Fire Department,
requesting the Town Board to see that the two court circles in the
Larchmont Acres Apartments be kept free of parked vehicles at all
times in order to allow free access for fire department apparatus. He
recommended that a letter be written to the owner of the Larchmont
Acres requesting them to comply with the request of the fire department.
On motion by Councilman Meginniss, seconded by Councilman
Griffin, it was unanimously
RESOLVED, that the Supervisor be authorized to
write to the owners of the Larchmont Acres requesting
them to comply with the request of the fire department.
Councilman Griffin read a letter dated October 3, 1941,
from Public Welfare Officer DeVinne suggesting that the Town Board
pass a resolution recommending that the Board of Supervisors of the
County of Westchester investigate the method of surplus food distri-
bution through the food stamp plan and if feasible to have a plan
drawn up and adopted so that the tovms may benefit by the plan.
Councilman Meginniss stated that he was in favor of the
food stamp plan because it is a better method of distributing surplus
foods .
Public Welfare Officer DeVinne stated that in his opinion
it would be very foolish not to go into the food stamp plan through
the county.
On motion by Councilman Griffin, seconded by Councilman
Mandeville, it was unanimously
RESOLVED, that the Town Board hereby approves of
- the food stamp plan for the distribution of surplus
foods to relief recipients and urges the Board of
Supervisors to investigate this method of food
distribution for the County of Westchester and if
feasible to draw up and adopt a plan whereby the
towns may benefit by it; and be it
FURTHER RESOLVED, that a copy of this resolution be
forwarded to Miss Ruth Taylor, Commissioner of
Public Welfare of Westchester County, with the
request that if and when details are worked out
regarding such a plan, the Town Board be advised
concerning them.
Councilman Griffin reported that the Park Department had
been doing its ordinary work but that the cost of materials and wages
of employees are rising which may result in a request for an increased
budget next year.
Councilman Griffin presented a petition dated October 15,
1941, received from the Assessor for the correction of the assessment
roll sous to permit the apportionment of taxes .
On motion by Councilman Griffin, seconded by Councilman
Mandeville, the following resolution was unanimously adopted:
WHEREAS, the Assessor has presented petitions dated
October 15, 1941, 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 petitions for the correction
of said assessment roll;
A letter dated October 9, 1941, was received from County
Attorney William A. Davidson in which he enclosed a deed for the so-
called "Weaver Street Chapel Property", which is a portion of State
Highway No . 1645 no longer required and necessary for highway purposes
released to the Town of Mamaroneck by the Board of Supervisors at
their meeting on October 6, 1941. The description of the property
is as follows:
ALL that piece or parcel of land situate in the
Town of Mamaroneck County of Westchester, State of
New York, as shovrn on the map prepared November 29,
1940, in the office of the Commissioner of Public
Works of Westchester County, which said parcel is
more particularly described as follows:
BEGINNING at a point on the northerly boundary
line of Old Weaver Street at its interesection with
the division line between the lands of Jennie V. Coriell
on the northeast and the lands of THE WEAVER STREET
SUNDAY SCHOOL AND CHAPEL, of Mamaroneck, New York, on
the southwest, said point of beginning being 4.16 feet
distant southwesterly, measured at right angles from
Station D 14 f 85 .43 of the hereinafter described
survey base line for the proposed reconstruction of
Weaver Street, Part I, State Highway No. 1645; thence
along the above mentioned northerly boundary line of
said Old Weaver Street, the following courses and
distances: S. 680 411 4011 W. 67. 55 feet; S. 56o 411
4011 W. 51.33 feet; S. 860 361 0011 Vu 29.65 feet; S 69015'
2011 W 29. 53 feet; S 87 251 1611 W 21.80 feet; N 76056'
0011 W 15 .37 feet; N 550 291 3011 W 38.24 feet; and
N 120 341 0011 W 142.03 feet to its interesection with
the southeasterly boundary line of Palmer Avenue; thence
along the said southeasterly boundary line of Palmer
Avenue N 490 571 3011 E 82.50 feet to its interesection
with the division line between the lands of Mary M.
Idulcahy on the northeast and the lands of the Weaver
Street Sunday School and Chapel of Mamaroneck, New York,
on the southwest; thence along the said division line
S 380 071 1011 E 75.19 feet and S 590 061 3011 E 85 .28
feet to its intersection with the division line between
the lands of Diary M.Mulcahy on the Northwest and the
Northwest and the lands of Jennie V. Coriell on the
southeast; thence along the division line between the
lands of Jennie V. Coriell on the northeast and the
lands of the Weaver Street Sundav School and Chapel,
of Mamaroneck, New York, on the southwest, the following
courses and distances: S 590 061 3011 E 2.22 feet,
S 600 471 5011 E 27.87 feet, S 730 481 5011 E. 37.10 feet
and S 560 471 2011 E 15.23 feet to the point or place of
beginning. Being 0.636 acres more or less, excepting,
however, from these premises the two parcels acquired
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
5
2 lE
Pinebrook Syndicate
$3,700 $
31700
(502-86)
be corrected
as follows, in accordance
with the
provisions
of sub-division 5 of Section
33 :
Section
Block Lot
Owner
Land Imp.
Total
5
2 lE
Pinebrook Syndicate
$2,450 $
21450
(502-86)
5
2 1F
Jacob Ackerman
1,250
1,250
(502-178)
by Westchester County from the Weaver Street Sunday
School and Chapel of Mamaroneck, New York, by deed
dated May 11, 1929 and filed in the Westchester County
Clerk' s office (Division of Land Records) in Liber 2941
of Deeds at page 388 .
The above mentioned survey base line is a portion of the
survey base line for the proposed reconstruction of
Weaver Street, Part I. State Highway No . 1645, County
of Westchester, as shown on a map on file in the office
of the Commissioner of Public Works of Westchester
County, and is more particularly described as follows:
BEGINNING at Station 14 r 00 - D 14 1 00; Thence N 520
52' 03" W 199.32 feet to station D 16 i- 00; thence
N 440 57t 27" W 340.053 feet to Station D 19 f 39.6 =
21 t 35; all of which is shown on said-map
EXCEPTING AND RESERVING thereout and therefrom that
portion of the above described premises now being
used for State Highway purposes.
SUBJECT to any state of facts an accurate survey may
disclose.
SUBJECT to any and all open and unpaid assessments,
taxes or tax liens affecting the whole of said premises .
SUBJECT to any covenants, conditions, easements or
restrictions of record.
A letter dated October 14, 1941, was received from
Mr. Howard M. Cunningham of 21 North Chatsworth Avenue, Larchmont,
asking that something be done to allay the dust which arises on
the street running parallel to the Stonecrest Apartments, which is
a "very rough, coarse, cinder road" .
After discussion the Board referred the matter to Superin-
tendent of Highways Foote for his attention.
A letter dated October 1, 1941, was received from Peter C .
Doern, Inc . , inquiring whether or not the Town wishes to renew the
lease for the Town Offices, which expires on December 31, 1941-
On motion by Councilman Mandeville, seconded by Councilman
Bates, it was unanimously
RESOLVED, that the Supervisor be and he hereby is
authorized to sign a lease for the rental of the
present Town offices for the year 1942 at the annual
rent of $2,100.
The following reports were received and ordered. filed:
(1) Report of the Town Clerk for the month of September; (2) Report
of the Building inspector for the month of September; (3) Report of
the Receiver of Taxes and Assessments for the month of September;
(4) Report of Mamaroneck Health Center, Inc. for the month of
September; (5) Report of County of Westchester Department of Health
for the month of August; (6) Reports of the Westchester Shore Humane
Society, Inc . for the months of August and September.
Town Attorney Delius presented the proposed amendments
to the Tovvn ordinances which have been approved by all department
heads concerned and suggested that the Board authorize a public
hearing for an early meeting.
On motion by Councilman Mandeville, seconded by Councilman
Bates, it was unanimously
RESOLVED, that a public hearing on the proposed
amendments to the Town ordinances be held on
November 5, 1941, and that a notice be published
in "The Daily Times" on October 24, 1941-
0
`On motion by Councilman Mandeville, seconded by Councilman
Bates, the following resolution was upon roll call unanimously
adopted:
WHEREAS, proceedings to foreclose certain tax liens
now owned by the Town of Mamaroneck affecting
property known as Section 9, Block 74, Lots 1, 2, 4, 6,
7, 81 9, 10-11, 16, 17, 18, 19, 20, 22, 23, 25, 26,
27, 28, 29, 30, 31, 333 34, 35, 36, 37, 38, 39, 40, 411
423 43, 44, 45, and 46 as shown on a map entitled:
"Map of Eagle Hommocks, Town and Village of Mamaroneck,
Westchester County, N. Y. " made by A. J. Foote Engineer-
ing Corp. , July 10, 1929, and filed in the Office of the
Clerk of the County of Westchester, March 15, 1930, as
Map No. 3571, within the incorporated Village of Mamaro-
neck, are now pending; and
WHEREAS, the Village of Mamaroneck owns certain tax
liens upon the same property representing arrears of
taxes due it which were heretofore levied against said
property; and
WHEREAS this Board has suggested that an agreement be
made pursuant to the authority granted to the town board
by Section 48 of the Westchester County Tax Act,
Chapter 105 of the Laws of 1916 as amended by Chapter 133
of the Laws of 1935 and Chapter 457 of the Laws of 1936,
and pursuant to similar authority granted to the village
board by Chapter 755 of the LatitiTs of 1936, providing that
upon a sale of this property in an action to foreclose
the liens of the 'Town of Mamaroneck, this property be
sold free and clear of Town, School and Village taxes
and assessments and that the proceeds of sale, after
paying the costs and expenses of the sale, if insuffficient
to pay all taxes and assessments in full, be divided be-
tween the Town and Village of Mamaroneck proportionately
to the amount due such Town and Village as of the date
of sale; and
WHEREAS, this Board considers it to the best interests
of tine Tovvn of Mamaroneck to enter into such agreement
to the end that the property may be sold free and clear
of all taxes, and the proceeds of sale, if any, divided;
NOW, THEREFORE, BE IT
RESOLVED that this Board (the Board of Trustees of the
Village of Mamaroneck adopting a similar resolution)
hereby agrees that the property known as Section 9,
Block 74, Lots 1, 2, 4, 6, 7, 8, 9, 10-11, 16, 17,18,
19, 20, 225 235 255 26, 27, 28, 29, 30, 31, 33, 34, 35,
36, 37, 38, 39, 40, 41, 42, 43, 44, 45, and 46 as shown
on a map entitled: "Map of Eagle Hommocks, Town and
Village of Mamaroneck, Westchester County, N. Y." and
also known as
ALL those certain lots, pieces or parcels of land
situate, lying and being in the Town of Mamaroneck,
County of Westchester and State of New York, known and
designated as Lots Nos . 1, , 2, /+ 6, 7, 8, 9, 10-11, 16,
175 183 19, 20, 22, 23, 25, 26, 27, 28, 29, 305, 31, 33,
34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, and 46
as shown on a map entitled: -"Map of Eagle Hommocks,
Town and Village of Mamaroneck, Westchester County, N. Y."
made by A. J. Foote Engineering Corp. , July 10, 1929,
and filed in the Office of the Clerk of the County of
Westchester, March 15, 1930 as Map No. 3571, excepting
therefrom the southwesterly 15 feet of Lot No. 20
aforesaid and the northeasterly 25 feet- of Lot No. 22
aforesaid which said portions of said lots were conveyed
by S. la. H. Corporation to one Mortimer Landsberg by
deed dated September 135 1932, and recorded September 15,
1932 in Liber 3265 cp 343.
The above described premises being also known and
designated on the Tax Map of the Torun of Mamaroneck
as Lot Nos . 1, 2, 4, 6, 7, 8, 9, 10-11, 16, 17, 18,
19, 20-A, 22-B, 23, 25, 26, 27, 28, 29, 30, 31, 33,
34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 445 45 and
46 in Block No. 74, Section 9.
may be sold in proceedings now pending for
the foreclosure of certain tax liens owned
by the Town of Mamaroneck, free and clear of
-- all Town, School and Village taxes and assess-
ments, and that the proceeds of sale, if any,
after paying the costs and expenses of such
sale and of the proceedings to foreclose, if
insufficient to pay all taxes and assessments
in full, shall be divided between the Town.
and Village of Mamaroneck proportionately to
the amount due each as of the day of the sale.
FURTHER RESOLVED that if the Town of Mamaroneck,
as plaintiff in said foreclosure action, become
the purchaser at the sale, such property shall
not be resold by the Town of Mamaroneck or its
Supervisor until after the price and the terms of
sale be approved by the Board of Trustees of the
Village of Mamaroneck, and that the proceeds of
such sale, if made subject to the approval of said
Board of Trustees, after payment of commission
and other expenses of said sale, including also
the usual fee of a title insurance company for
insuring title of this property to the Town of
Mamaroneck, shall be divided between the Town
of IuTamaroneck and the Village of Mamaroneck
proportionately to the amount due each as of the
date of such sale, plus the amount due the Town
and Village for taxes or assessments thereafter
levied upon such property.
The Town Attorney stated that he recommended the settle-
ment of the certiorari proceeding instituted by the Chemical
Bank & Trust Company, as Trustee under the Will of Morris Schinasi
for the benefit of Laurette Schinasi, Victoria S. Ross, Altina
Sanders and Juliette Schinasi, to review the assessment upon a
parcel of property in the Village of Larchmont, known as Block 722,
Parcel 398, which settlement is agreeable to the relators on the
basis of a reduction in the assessment of 1941 (tax of 1942) as
follows:
Block Parcel Land
722 398 $95,750
722 398 $84,500
FROM
TO
Improvements Total
$ 5, 500 h 101,250
500 85,000
Councilman Mandeville introduced the following resolution,
which was seconded by Councilman Bates:
WHEREAS, heretofore and on or about the 10th day
of October, 1941, a writ of certiorari was obtained
by Chemical Bank & Trust Company as Trustee, etc.
for Laurette Schinasi, et al. , owner of Block 722,
Parcel 398, to review the assessment for the year
1941 (tax of 1942) ; and
WHEREAS, the Town Attorney and Assessor recommend
to this Board that the proceedings be settled
and discontinued upon the reduction of the assess-
ment from $101,250 to $85,000;
NOW, THEREFORE, BE IT
RESOLVED that the assessment for the year 1941
upon property known as Block 722, Parcel 398,. be
reduced from $101,250 to, $85,000, provided the
certiorari now pending in the name of Chemical
Bank & Trust Company as Trustee, etc. for
Laurette Schinasi, et al, be discontinued without
costs to the Town of Mamaroneck.
FURTHER 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 discontinuance of the
1941 certiorari proceeding.
Town Attorney Delius reported that representatives of the
Home Owners Loan Corporation had been to see him regarding the
possibility of settling by arbitration the eighty-three certiorari
proceedings filed by them against the 1941 assessment roll. He
asked what the opinion of the Board was .
Councilman Meginniss stated that he was absolutely opposed
to it.
After discussion Assessor Smith was requested to prepare
for the Board a list of the total assessed valuations ,on properties
owned by the H. O. L. C. and the amount of reductions given by the
Board of Review on the 1941 assessment roll, taxes of 1942•
Councilman Meginniss expressed the opinion that the assess-
went roil which is filed on September 15, 1941 with the County of
Westchester should be used as the official roll and then those who
receive reductions in assessments after September 15th, should be
required to collect from the County refunds due them because of such
reductions. He explained that the Town now uses as its official
assessment roll the roll on which deductions have been made after it
has been filed with the County and this makes the divisor different
than the roll filed with the County. The members of the Board agreed
that this would be a good procedure if it can be followed.
Town Attorney Delius stated that Robert P. Weil, attorney
for David Shiman, David. Prosnit and Mrs . Fannie Spelke, owner of
property located at Chatsworth Avenue and Boston Post Road, described
as Block 614, Parcels 172 and 186, had discussed with him the
possibility of granting a reduction on the assessment for 1939, taxes
of 1940, on which they have filed a certiorari. He said that he could
not approve of any reduction.
After discussion the Board advised the Assessor to inform
Mr. Weil that nothing could be done about it.
Supervisor McCulloch reported to the Board that owners of
property at the corner of Waverly Avenue and Fenimore Road in the
Village and Town of Mamaroneck, known as Section 8, Block 112,
Lots 1 to 7, 13 and 14, had made an offer to settle the tax arrears
on the property for $7,000. He stated that the total amount due
the Town, excluding current taxes was $4, 559.94 and in settlement
the Town would receive $3,481.91, not including current taxes .
After discussion the Town Board expressed the opinion that
they should not go below the face amount of the tax but would waive
all penalties and interest.
At 10:05 P. M. the Board unanimously resolved to adjourn.
Deputy Town Clerk