HomeMy WebLinkAbout1932_04_20 Town Board Minutes53
RYGULAR BdEE'7P G OF 'THT TOWN BOARD
TOWN OF MAMAR0IMCK/ 5. '--
held April 20th, 1932
9 P. M. The meeting was called to order by Supervisor Burton at
Present: Supervisor Burton
Justices Boyd, Leeds, Messersmith and Burbank
Town Clerk Marvin
The presence was also noted of Counselor Gamble.
The regular order of business was suspended in order to hear
those present who wished to address the Board.
Mrs. Annie L. Florence, m7ner of property on the Boston Post
Road, Larchmont, reeuested the Board to take up from the table the
matter of rezoning her property which the Board had laid over following
a duly advertised public hearing on herrequestfor rezoning held
September 17th, 1930. She declared she desired to erect a business
building on her property and gave her reasons therefor. The Board
resolved to take up the matter later in the evening during the regular
order of business.
Mrs.. E. D. Long of 82 Myrtle Blvd., Larchmont, addressed the
Board to enter a complaint concerning the owners and occupants of a
house opposite hers on Myrtle Blvd. She declared the property was
zoned Class A and was restricted to one family sesidenees only and
that three or four families are actually living in the house.
After discussion, upon motion by Justice Boyd, seconded by
Justice Leeds, it was unanimously
RESOLtIE'D,that the complaint of Mrs. E. D. Long
of 82 Myrtle Blvd., Larchmont,alleging that more
than one family is living in a certain one family
house on Myrtle Blvd., Larchmont, on property zoned
Class A, be and it hereby is referred to the Building
Commission with the request that the Building Inspector
and the Police Department inspect the property and
present a report thereon to this Board.
Edward C. Griffin of Larchmont, Chairman of the Larchmont
'Tmergency Unemployment Committee, addressed the Board to inquire when
this Committee would receive the $300.00 appropriation voted it some time
ago by the Town Board.
Counselor Gamble advised Mr. Griffin that he had discussed the
legality of this appropriation with one of the Deputy State Comptrollers
but that he had not yet received a definite answer.
He assured Mr. Griffin that he would do all in his Sower to
obtain a satisfactory decision as to the legality of the appropriation..
There being no other persons present who wished to address the
Board, the regular order of business was resumed.
The Board upon motion duly made and seconded took up from the
table the request of Mrs. Florence Eor�rezaning her property on the Post
Road. Mrs. Florence presented a survey of her property in accordance
with the instructions given her at the time of the hearing.
After discussion it was upon motion by Justice Leeds,
seconded by Justice Nessersmith, upon roll call unanimously
RFSOLVT.D, that there be transferred upon the
Zoning Flop', which, together with the designations
shown thereon, accompanies the Zoning ordinance
of the Unincorporated Section of the Town of
Mamaroneck, `e stdhester County, New York; towit:
An ordinance adopted by the Town Board of the Town
of Mamaroneck at a meeting held June 21st, 1922, by
virtue of the powers vested in said Town Board under
the provisions of Chapter 722 of the Laws of 19229,
etc.,, from class F Unclassified district, in which
said property is now classified as shown on said
map, to class C Business district, the following
described property, to -wit -
"AIM that certain piece or parcel of land in the
Town of Mamaroneck, Westchester Countyr:New York,
situate on the southeasterly side of the Boston Post
Road and bounded and described as follow:
. BEGINNING at a point on the southeasterly side of Boston
Post Road, where the same is intersected by the boundary line between
lands now or formerly owned by Mead and lands of John Nevills, shown
on a map of propery entitled "Survey of a portion of Nevills property,
filed in the Westchester County Register"s Office, June 229 19231, as
Map No. 2505, thence southeasterly along the boundary line of land of
Mead and Neville, 3-410 56* Y 75 feet, thence southwesterly S 390 48°
30* W 11p82 feet to point of curve, thence on a curve to the left with
a radius of 1188.37 feet,, 38.18 feet, thence northwesterly N 410 57r
201" W. 75.34 feet, to the south easterly side of the Boston Post Road,
thence northeasterly along the south east side of Boston Post Road, on
a curve to the right with a radius of 1182.59 feet 27.41 feet to point
of tangent, thence N 390 48' 30" E 22.59 feet to the point or place of
BEGINNING.,
The above described property being more particularly known
as Section 4, Block 399 Lot lA on the Town Assessment Mqp.
And be it further
RESOLVTD, that the aforedescribed property shall
be subject to a set back of not less than 17 feet
from the road face of the curb.
The Supervisor suggested to the Board that the Town might. secure
a better interest rate than it would otherwise receive on some of its
funds during the next few months at least while tax collections are
heavy, by opening an account in a Savings Bank.
Upon motion by the Town Clerk, seconded by Justice Leeds,
it was upon roll callpiTustice Boyd not voting, unanimously
RESOLVER; that the Union Savings Bank of Mamaroneck
be and it hereby is designated as a Town Depositary,
pursuant to the provisions of Section 1490 of the
Town Law and the Supervisor hereby is accordingly
authorized and directed to deposit in said bank,
monies belonging to the Town, which may come into-
his
ntohis hands from time to time.
The Clerk reported that he had been requested by the Receiver
of Takes to request the authority for the Receiver to publish the usual
notice of sale of tax liens which sale will take place on Wednesday*
May 25th.
Upon motion by Justice Boyd, seconded by the Clerk, it was
upon roll call unanimously
R'F'SOLVTD, that the Receiver of Taxes be and he
hereby is authorized, empowered and directed to.
attend to the publication of the customary notice
of sale of tax liens and that the cost of same be
charged to the amount appropriated therefor in the budget.
The Clerk presented to each member of the Board a copy of the
printed abstract of audited town accounts for the year 1931 which
abstract had been prepared in accordance with a previous resolution of
the Board. He requested authority to publish a notice of the fact that
copies of this abstract are available at his office for public distrib-
ution.
Upon motion by Justice Boyd, seconded by Justice Leeds,
it was upon roll call unanimously
R2SOLVED, that the Clerk be and he hereby is
authorized, empowered and directed to publish a
notice to the effect that copies of the printed
abstract of audited Town accounts are available
at his office for public distribution.
Counsel reported t the following tax matters referred to him
and stated that he had discussed the claims with Mr.. Dillon, Receiver of
Taxes, who has certified that the accounts hereinafter specified were
heretofore deposited to the credit of the Town:
1. Claim of F. F. Hirschstein for refund of 1930 School Taxes
on Section 1, Block 73, Lots 7 and 8 in the amount of $98.42, and 1930
State, County, Town and School taxes on Section 99 Block 16c, Lots 14c,
15c, and 16c, in the amount of $130.319 making a total of $228.73, which
amounts were paid to the Receiver of Taxes covering Tax liens 6n the above
property and were deposited by error to the credit of the Town of Mamaron-
eck. It should have been paid to the holder of liens rather than having
been received in payment of taxes.
Upon motion by Justice Messersmith, seconded by Justice Burbank,
Opon roll, it was unanimously
RF,SOLVM, that the claim of F. E. Hirschstein for
the aforesaid refund of taxes, to wit, 1930 School
taxes on Section 1, Block 73, Lots 7 and 8 in the
amount of $98.42, and 1930 State, County, Town and
School taxes on Section 91 Block 16c, Lots 14c, 15c
and 16a in the amount of ;$130.31, making a total of
$228.73, which amounts were paid to the Receiver of
Taxes covering tax liens on the above property and
were deposited by error to the credit of the Town
of Mamaroneck, be and the same hereby is approved and
allowed and the Supervisor be and he hereby is auth-
orized and empowered to make payment of the same.
2. Claim of the Railroad Cooperative Building & Loan Association in
the amount of $385.67 for State, County and Town taxes and School taxes
for the year 1931 paid on January 23rd, 1932, on the following described
property: Section 19 Block 45b, Lots 55, 56, 57 and 58, which amount of
said claim was entered in the cash book at page 3oa and deposited January
29, 1932, in the Larchmont National Bank & Trust Company; said taxes being
paid in error, the claimant intending to pay a similar amount of taxes
against property known as Section 1, Block 45d, Lots 55, 56 and 57.
Counsel stated that he was advised by the Assessors that there
had been no change of ownership in either of the aforementioned prop-
erties and by the Receiver of Taxes that the taxes on the latter
properties on which it was the intention to pay the taxes were still
open and that therefore no rights of third parties would be affected by
an allowance of the claim and provided the claimant made payment of the
taxes on Lots 55, 56 and 57 in Block 45d.
159
He stated that the error was due to the similarity of numbers
in the lots and blocks, the only distinction being in the lettering of
the Block. He recommended that the claim be allowed provided the taxes
on the Lots in Block 45d were immediately paid.
Upon motion by Justice Leeds, seconded by Justice Messersmith ,
it was upon roll call unanimously
- IffSOLVEv'=.a that the claim of the Railroad Cooperative
Building & Loan Association in the amount of $385.67
for State, County and Town Taxes for 1931 in the amount
of $255.46 and School taxes for 1931 in the amount of
$130.21 heretofore paid on January 23, 1932, (receipted
bills being attached to said claim) on the property des—
er'bed as Section 1, Block 45B, Lots 55, 56, 57 and.58, be
allowed and the Supervisor be and he hereby is authorized,
empowered and directed to make payment of the claim, pro—
vided that claimant either prior to or concurrently with
the payment of said claim make payment of the taxes on
which it had intended to make payment, and which property
is owned by it, to wit, Lots 55, 56 and 57 in Block 45d,
Section 1.
A communication dated April 18th was received from the
Merard Company, complaining about the condition of the garbage trucks.
The matter was referred to the Clerk to take up with the Garbage Contractor.
A communication dated April 20th was received from the Board of
Assessors requesting a resolution to reduce the 1931 assessment roll on
Section 1, Block 32, Lots 5, 6, and 7A. The matter was referred to Counsel.
Counselor Gamble reported that he had been in repeated conference
with Iliss Ravenscroft, regarding her claims to certain real estate in the
Mown and advised the Town that he would have a resolution covering the
matter ready for presentation at a future meeting.
The Clerk advised the Board that the Chief of Police of the
Village of W_amaroneck had proposed that the Village buy the disused police
cells in the town hall and suggested that the town dispose of them if
satisfactory terms can be arranged.
Up -on motion by the Clerk, seconded by Justice Boyd, it was
upon roll call unanimously
RESOLVED, that the matter of disposing of the disused
police cells in the town hall be referred to the Super—
visor with power.
A communication dated April 2.9th was received from Robert H.
Stevens, Chairman of the Board of Sewer Commissioners of Sewer District
LTo. 13, calling the attention of the Board to the vacancy in the Board
of Sewer Commissioners owing to the death of lair. William I. Palmer.
The letter suggested the appointment of Mr. William D. Ward to fill the
vacancy and urged early action by the Town Board.
Jt.ast.ice Leeds declared be hesitated approving the appointment of
Xr. Ward because !Lr. +;afa iaad severely- criticised a majority of the Town
Board for "conspiracyR/ in setting the salaries for the Justices of the Peace.
He requested that the letter of I13r. Ward, dated December 24th, 1931, in
this connection be read. The Clerk read the letter and Justice Leeds
-- stated he did not find its terms as critical as he had thought. He
thereupon withdrew his objection.
Upon motion by the Clerk seconded by Justice Messersmith, it
was upon roll call unanimously
161
RFSOLVFD =RREA:S a vacancy exists in the Board of
Sewer Commissioners of Sewer District No. :4 owing
to the death of Mr. William I. Palmer; and
WHEREAS, Mr. Robert H. Stevens, Chairman of said
Board of Sewer Commissioners, recommends the
appointment of ter. William D. 'lard to fill this
vacancy, therefore be it
RFSOLVED,.that Mr.. William D. Ward be and he hereby
is appointed a member of the Board of Sewer Commissioners
of Sewer District No. 1, to fill the vacancy.above
described and to serve at the pleasure of the Town Board.
Counsel advised the Board that the bonding attorneys for the
.$315,000.00 Highway bonds, Boston Post Road, had requested that a
resolution be passed clarifying the situation in regard to the notice
of sale of said bond issue.
Thereupon, upon motion duly made and seconded, it was
RESOLVED,
WHERFAS, on ffiareh 14th, 1932, this Board authorized the
issuance and sale of $315,000. principal amount Highway Improvement
Bonds to pay the Town*s share of the cost of reconstruction of and
of acquiring lands for the Boston Post Road, a state highway in said
Town, and
WHTRFAS, said bonds were authorized to be sold at public
sale on March 22nd, 1932, and
WHEREAS no official newspaper has ever been designated by
this Town Board, and
WfURFAS notihe of sale of said bonds was ordered published
in the Bond Buyer and in the Daily Times at least once, and
WHEREAS said notice of sale was duly published in the Bond
Buyer or. March 16th, 19th and 21st, 1232, and
WHEREAS, said notice of sale and the form of bid proposal
was duly forwarded by mail to between severity -five and one hundred
bond houses, investment houses, banks and other financial institutions,
and
H"TRFAS said mond sale was given wide publicity in the daily
papers and numerous inquiries were received concerning the same,: and
wHEREAS more than one bid was received far the purchase of
said bonds, and
wliFRTAS this Board is of the unanimous opinion that the notice
of sale of said bonds received adequate, proper and full publication
and notoriety.
T17RFFORF, BE IT RESOLVED, that this Board do and it
hereby does certify that in its opinion the notice of
sale for said bond issue received due, wide and sufficient
publication, notice and notoriety, in having the same
- duly published in the Bond Buyer and in having said
notice of sale and the proposal mailed and distributed
to and among seventy-five to one hundred bond houses,
investment houses, banks and other financial institutions
FURTHER RESOLVED, that in the opinion of this Board any
further publication of said notice of sale would have
been surplusage,
163
FURTHER ITSOLIrgD, that the aforesaid resolution of this
Board duly adopted on March 14, 1932 be amended to the
extent of striking out of said resolution the direction
that said notice of sale of said bond issue be published
in the Daily Times.
Upon roll call, the following voted in the affirmative.
Supervisor Burton
Justices Boyd, Leeds, Messersmith and Burbank
Town Clerk Marvin
Negativer None
At 11 P. M. the Board unanimously resolved to recess to meet
again at the call of the chair to take up such matters as might properly
come before it.
Town Clerk