Loading...
HomeMy WebLinkAbout1939_03_01 Town Board Minutes REGULAR MEETING OF THE TO-NIq BOARD TOiNN OF MAMARCI\1ECK, NEW YORK HELD MARCH-1, 1939 At the Town Offices, 158 Nest Boston Post Road, Mamaroneck, N. Y. The meeting was called to order by Supervisor bic-Culloch at 8: 00 P. M. Present : Supervisor McCulloch Councilmen Bates, Griffin, Mandeville, I:Ieginniss Absent ,, None The presence was also noted of Town Clerk Payne, Town Attorney Delius, Assessor Smith and Town Engineer Foote . The minutes of the meeting of February 1 , 1939, were approved as presented. The Supervisor opened the meeting with a welcome to Council- man Mandeville who had returned from a vacation in Florida and Nassau. iAr. Mandeville related some of his experiences while at Nassau. Councilman Bates reported that the Sewer Department was get-- ging along quite well with the sewer construction at Roxborough Road and that the men had installed 115 feet of pipe . He reported that Mr. A. G. Eager of 8 Valley Road had called to complain that his basement was flooded with water following the heavy= rain and that Mr. Corwin of the Sewer Department had been directed to do the work necessary to relieve the condition. He also reported that the Sewer Department would be prepared to proceed with sewer construction work at Nilson Lane after work had been completed at Roxborough Road. Councilman Idleginniss inquired about a small drain with an outlet in the stone wall on Murray Avenue near Leafy Lane . He sug- gested that the drain be continued under the sidewalk on Murray Avenue and connected with the regular drainage system. Councilman Bates and Town Engineer Foote advised that the drain is on County-owned property and that they would inspect same and request the County to remedy the condition. Councilman Griffin stated that there was nothing to report for the Park Department other than that the usual arrangements were made for ice skating on Larchmont Gardens Lake during the few days of cold weather. He recommended that the Town Park Commission' s report con- cerning contractors' proposals, which was presented at the last regular meeting of the Board, be approved. Follow- ng some discussion, it was upon motion by Councilman Iviandeville, seconded by Councilman Bates, unanimously RESOLVED, that the report concerning contractors' proposals dated February 1 , 1939, received from the Board of Park Commissioners and presented by Councilman Griffin at the last regular meeting of the Town Board, be approved and filed. On motion by Councilman Mandeville, seconded. by Councilman Bates, it was unanimously RESOLVED, that the Board of Park Commissioners hereby have the full consent and approval of the Town Board to continue the maintenance of the park areas through- out the unincorporated section with the present staff of employees. Councilman Griffin presented a petition dated March 1, 1939, from the Assessor for the correction of the assessment roll so as to permit the apportionment of taxes . On motion by Councilman Griffin, seconded by Councilman Bates, upon roll call, the following resolution was unanimously adopted: WHEREAS, the Assessor has presented a petition dated March 1, 1939, for the correction of the assessment roll for the year 1938. taxes of 1939, 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 petition for the correction of said assessment roll; NOW, THEREFORE, BE IT RESOLVED, that the assessment roll for the year 1938, taxes of 1939, which shows property now appearing on the rolls as follows: Section Block Lot Owner Land Imp. Total 9 18 5-14B Harrison H. Ballou $6,250 $4, 500 $10, 750 be corrected as follows, in accordance with the provisions of Sub-division 5 of Section 33: Section Block Lot Owner Land 9 18 5 Lamra Conklin 9 18 14B Harrison H. Ballou FURTHER RESOLVED, that the assessment year 1938, taxes of 1939, which shows appearing on the rolls as follows: Section Block Lot Owner 9 77 1 to 7 John McCarthy Imp. Total $6,150 X4, 350 $10,500 100 150 250 roll for the property now Lend Imp. Total $37$ 00 $ 2,000 $39,500 be corrected as follows, in accordance with the provisions of Sub-division 5 of Section 33: Section Block Lot Owner Land Imp. Total 9 77 1 John McCarthy 9 77 2 to 7 it if 4 7,500 - 100 $ 7,600 30,000 1, 900 31, 900 Councilman Meginniss read a letter dated February 20, 1939 from Alfred C. Stevens, Secretary of the Town of aIamaroneck Fire Department, listing the names of the officers elected at the annual meeting of the Fire Department held February 20, 1939, subject to the approval of the Town Board. Mr. IvIeginniss recommended that the officers be approved. On motion by Councilman vieginniss, seconded by Councilman Griffin, it was unanimously RESOLVED, that the election of the following officers of the Fire Department of the Town of Mamaroneck at the annual meeting of the depart- ment held February 20, 1939, be and it hereby is approved: Chief Deputy Chief Deputy Chief Secretary Treasurer Collector William McCarthy Vincent McCarthy Richard Thorburn Clifford B. Radcliffe John Gary Charles Heywood Councilman Pneginniss informed the Board that he had received a letter from the State Comptroller advising that a representative of the New York State Retirement System would be in the City of 1Vew York during the following week and that arrangements could be made to have him address the employees of the town. Following some discussion the Board recommended that Council- man Meginniss proceed with arrangements for a meeting. The Town Clerk presented the contract between the Westchester Shore Humane Society, Inc. which had been prepared by the Town Attor- ney for the year 1939 for the purpose of the capture and impoundage of all dogs found unlicensed and running at large in the Town of Mama- roneck. On motion by Councilman Mleginniss, seconded by Councilman Griffin, it was upon roll call, the Supervisor not voting, unanimously RESOLVED, that the Supervisor be and he hereby is authorized, empowered and directed to sign the contract between the Westchester Shore Humane Society, Inc. and the Town of Mamaroneck for the year 1939. The Town Clerk read a letter dated February 24, 1939, and a copy of a resolution received from Prirs. Luda Dabrowski, Secretary Pro Tem of the Larchmont League of uVomen Voters. The resolution was to the effect that the League of Women Voters favors and urges the extension of civil service to the village and towns of the State of New York. Following some discussion, the Board decided to direct the Town Clerk to advise the Larchmont League of uVomen Voters that the State Legislature intends to have a committee make a complete study of this question with a view towards enacting some legislation in 1940. The annual report of the Supervisor for the fiscal year ended December 31, 19383 as submitted to the State Comptroller was received and filed. The report of the Receiver of Taxes for the month of February, 1939 was received and filed. The reportsof the County of lfiestchester Department of Health for the month of December, 1938, and for the year 1938, were received and filed. . The Town Attorney presented and recommended the adoption of the following resolution, which was moved by Councilman Griffin, seconded by Councilman Meginniss, and upon roll call unanimously adopted; ,'INE REAS in foreclosure proceedings instituted by the Town against the iNevu Rochelle Realty Com- pany, et al. (Action No. 3) the referee , duly appointed for that purpose by order of the Supreme Court, sold to the Town of Mamaroneck, property described as Section 1, Block 58, Lots 1, 2, 3, 4, 5 and 6A; Section 1, Block 45C, Lot 15; Section 1 Block 52, Lot 15; Section 1, Block 52, Lot 16, on the Assessment 1,dap of the Town of Mamaroneck; and 1,,,=REAS the said referee has applied to the payment of certain taxes , assessments and tax liens owned by and due to the Town of Mamaroneck, together with interest and penalties thereon to the date of sale , the sum of ?2,707.51, which taxes, assessments and tax liens are required to be cancelled by the pro- visions of Section 54 of the Westchester County Tax Act ; NOVV, THEREFORE, BE IT RESOLVED that the following taxes, assessments and tax liens are hereby cancelled: Section 1 . Block 58. Lot 1 Year of Year of Amt . of Interest or 11. 84 Tax Sale Lien Penalty Total 1932 1933 $17. 65 $ 11.84 $ 29.49 1933 1934 . 15.53 8.67 24.20 1934 11,135 21.65 9. 31 30. 96 1935 1936 17.10 5. 59 22.69 1936 1937 17.81 3.49 21.30 1937 1938 18. 97 1.48 20.45 1938 State, County, 12.85 1.54 14. 39 5. 62 Town Section 1. Block 45C . Lot 15 1938 School 5.25 . 37 5. 62 Section 1. Block 58. Lot 2 1932 1933 17. 65 11. 84 29.49 1933 1934 15.53 8.67 24.20 1934 1935 21.65 9. 31 30. 96 1935 1936 17.10 5. 59 22.69 1936 1937 17.81 3.49 21.30 1937 1938 18. 97 1.48 20.45 1938 State , County, 12.85 1. 54 14.39 Town 1938 School 5.25 . 37 5. 62 Section 1. Block 58. Lot 3 1932 1933 17.65 11.84 29.49 1933 1934 15.53 8. 67 24.20 1934 1935 21.65 9.31 30. 96 1935 1936 17.10 5.59 22.69 1936 1937 17.81 3.49 21.30 1937 1938 18.97 1.48 20.45 1938 State , County, 12.35 1.54 14. 39 Town 1938 School 5.25 .37 5. 62 Section 1 . Block 58. Lots 4 & 5 1932 1933 169.80 114. 08 283.88 1933 1934 150.47 84. 02 234.49 1934 1935 209.73 91. 62 301.35 1935 1936 164.19 52.25 216 .44 1936 1937 179. 89 35.64 215.53 1937 1938 176.33 13.77 190.10 1938 State, County, 128.51 15.42 143.93 Town 1938 School 52.53 3.67 56.20 Section 1 . Block 58 . Lot 6A 1932 1933 10. 90 7. 31 18.21 1933 1934 9.63 5. 37 15. 00 1934 1935 13. 31 5. 74 19.05 1935 1936 10. 56 3. 90 14.46 1936 1937 10. 99 2.18 13.17 1937 1938 13.51 1.12 14.63 1938 State, County, 9. 00 1. 08 10.08 Town 1938 School 3.68 .26 3. 94 Section 1. Block 45C . Lot 15 1932 1933 27.78 18.67 46.45 1933 1934 24. 39 13.62 36.01 1934 1935 34.19 14.67 48.86 1935 1936 26. 98 8.58 35. 96 1936 1937 28.11 5. 57 33. 68 1937 1938 29. 96 2.35 32. 31 1938 State , County, 20.61 2.70 23.31 Town 1938 School 8.40 . 60 9. 00 mm On motion by Councilman Mandeville, seconded by Councilman Bates, it was unanimously RESOLVED, that the Town Clerk be and he hereby is directed to have published in "The Daily Times", a newspaper published and having a general circu- lation in the Village and Town of Mamaroneck_, the following notice: PUBLIC NOTICE Notice is hereby given that sealed bids will be received by the Town Board of the Town of Mamaroneck until 8 o' clock P . M. on the 15th day of Larch, 1939, at the Town Office, 158 West Boston Post Road in the Village of Mamaroneck, New York, for the purpose of furnishing summer uniforms for the Police Department of the Town of Mamaroneck in accordance with speci - fications now on file with the Chief of Police at Town Police Headquarters, 11 Ldgewood Avenue, Larch- mont , N. Y. Copies of the specifications and all instructions to oidders may be obtained from the Chief of Police , The Town Board reserves the right to reject any or all bids. By Order of the Town Board Town of Mamaroneck ROBERT D. PAYNE Town Clerk March let, 1939 The Town Attorney recommended that the question concerning the cancellation of the 1925 school tax on property known as Seo- tion 7, Block 9, Lot 13, be laid over until the next regular meet- ing of the Board. The Board agreed that this be done . Upon motion of Councilman Bates, seconded by Councilman Griffin, the rollowing resolution was unanimously adopted: Section 1, Block 52, Lot 15 Year of Year of Amt. of Interest or Tax Sale Lien Penalty Total 1925 1926 1.37 2. 08 3.45 1932 1933 9.21 6. 18 15.39 1933 1934 8.14 4. 54 12 .68 1934 1935 11.20 4. 79 15.99 1935 1936 8. 91 2.83 11.74 1936 1937 9.27 1.83 11 ° 10 1937 1938 9.87 .79 10..66 1938 State, County, Town6.43 .85 7.28 1938 School 2. 62 , 18 2.80 Section 1, Block 52, Lot 16 1925 1926 1.37 2.08 3.45 1932 1933 9.21 6 .18 15. 39 1933 1934 8.14 4. 54 12.68 1934 1935 11 .20 4. 79 15 . 99 1935 1936 8. 91 2.83 11.74 1936 1937 9.27 1.83 11.10 1937 1938 9.86 .79 10. 65 1938 State , County, 6 .42 , 85 7.27 Town 1938 School 2,63 .18 2. 81 On motion by Councilman Mandeville, seconded by Councilman Bates, it was unanimously RESOLVED, that the Town Clerk be and he hereby is directed to have published in "The Daily Times", a newspaper published and having a general circu- lation in the Village and Town of Mamaroneck_, the following notice: PUBLIC NOTICE Notice is hereby given that sealed bids will be received by the Town Board of the Town of Mamaroneck until 8 o' clock P . M. on the 15th day of Larch, 1939, at the Town Office, 158 West Boston Post Road in the Village of Mamaroneck, New York, for the purpose of furnishing summer uniforms for the Police Department of the Town of Mamaroneck in accordance with speci - fications now on file with the Chief of Police at Town Police Headquarters, 11 Ldgewood Avenue, Larch- mont , N. Y. Copies of the specifications and all instructions to oidders may be obtained from the Chief of Police , The Town Board reserves the right to reject any or all bids. By Order of the Town Board Town of Mamaroneck ROBERT D. PAYNE Town Clerk March let, 1939 The Town Attorney recommended that the question concerning the cancellation of the 1925 school tax on property known as Seo- tion 7, Block 9, Lot 13, be laid over until the next regular meet- ing of the Board. The Board agreed that this be done . Upon motion of Councilman Bates, seconded by Councilman Griffin, the rollowing resolution was unanimously adopted: IM WHEREAS it is considered desirable to obtain an act of the Legislature, continuing Sewer District No. 1 in the Town of Mamaroneck and providing for the issuance of bonds and other obligations of the Town to finance improvements in such district; and WHEREAS the Town Attorney has drafted and presented to this Board enabling legislation which he has submitted to Assemblyman Theodore Hill for introduction in the Assembly and to Senator Pliny Williamson for intro- duction in the Senate; and 1HETHEAS it is considered necessary to obtain a request from the Board of Supervisors and the County Executive of 'Nestchester County to the Legislature for the enact- ment of such bills in accordance with the provisions of Article In, Section 1B of the Constitution, as amended, and the joint -rules adopted by the Senate and Assembly of the State of New York, on February let, 1939; NOW, THEREFORE, BE IT RESOLVED, that this Board hereby does approve the following bill, viz: AN ACT to provide for the continuance of sewer district number one of the town of Ntamaroneck, 'Ilestchester county, the levy of taxes and assessments therein for sewer district purposes, the making of improvements therein and extensions thereto, the issuance of bonds and other obligations of the town to finance such improvements and the payment of such bonds and other obligations . THE PEOPLE OF THE STATE OF NE'N YORK, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT as follows- Section 1. Sewer district number one of the town of INamaroneck_, 1,1estchester county, shall continue to exist as a sewer district and shall be subject to the Provisions of the town law relating to sewer districts except as hereinafter provided. The present boundaries of said district shall be as follows: BEGINNING at a point on the westerly side of Chats- worth Avenue 120 feet south of the intersection of the southerly side of "DIy-rtle Avenue and the westerly side of Chatsworth Avenue at which point the intersection of the boundary lines of the Village of Larchmont and the Town of Mamaroneck converge; running thence southerly and along said westerly side of Chatsworth Avenue which is also the boundary line of said Village of Larchmont and Town of 14Iamaroneck 125 feet more or less to the norther- ly boundary line of the Village of Larchmont; running thence westerly along the northerly boundary line of the Village of Larchmont about 2200 feet to the north- westerly corner of the Incorporated Village of Larch- mont, which point is 2500 feet, more or less, northerly from the northerly side of the Boston Post Road; thence southerly- from said point and along the said. easterly boundary line of the Town of 1;iamaroneck, which said boundary line is also the westerly boundary line of the Village of Larchmont, 2500 feet, more or less, to the northerly side of the Boston Post Road aforesaid; thence northeasterly and along the northwesterly side of the Boston Post Road_ 488 feet, more or less, to the corner formed by the intersection of the said northwesterly side of the Boston Post Road and the westerly side of Dean Place if extended northerly; thence southeasterly, easterly and northeasterly along the boundary line be- tureen the Village of Larchmont and the Town. of Mamaroneck, which boundary line is adjacent to the southerly side of Dean Place, 900 feet, more or less, to a point on the boun- dary line between the Village of Larchmont and the Town of Mamaroneck, thence southeasterly along the boundary line between the Village of Larchmont and the Town of Mamaroneck, 163 feet, more or less, to a point on said boundary line; thence running west 450 feet, more or less, along the line indicated on the map entitled "Proposed Extension of Sewer District No. 1 , in the Town of Mamaroneck, to be known as Section ' G' "; thence southwesterly along the southerly boundary line of Section "G" about 900 feet to a point in the easterly boundary line of the City of New Rochelle , which point is about 1100 feet southeasterly from the southerly line of the Boston Post Road, as measured along the said easterly boundary line of the City of New Rochelle; thence northwesterly 1100 feet, more or less, along the easterly boundary line of the City of New Rochelle 1100 feet, more or less, to a monument set in the ground on the southerly side of the Boston Post Road.; thence northerly along the easterly boundary line of the City of New Rochelle and the westerly boundary line of the mown of Mamaroneck to the northwesterly corner of the Town of Mamaroneck and the southerly boundary line of the Town of Scarsdale ; thence continuing easterly along the boundary line between the Town of Iviamaroneck and the Town of Scarsdale to a point thereon 1020 feet more or less easterly of the easterly side of °u'Jeaver Street and to the northerly boundary line of land now or formerly of Aldridge; thence southerly and along the easterly boundary line of lands now or formerly of Aldridge and lands now or formerly of Sackett a distance of 580 feet, more or less, to the point of intersection and to the boundary line of land now or formerly of Sackett and land. formerly of Bill; thence westerly along the boun- dary line between the lands now or formerly of Sackett and the land formerly of Bill to a point distant 500 feet, more or less, easterly from the easterly side of Wdaver Street and 380 feet more or less, southerly from the boun- dary line between the Town of Iamaroneck and the Town of Scarsdale; thence southerly 2800 feet more or less to a point distant 300 feet more or less northerly of the north side of Bonnie Briar Lane and 200 feet, more or less, easterly of the easterly. side of Weaver Street; thence northeasterly along the northerly boundary line of property now or formerly of Van Sickel and also along the northerly boundary line of Rouken Glen, Bonnie Briar Section, to the northeasterly corner of the Rouken Glen Subdivision; thence southeasterly along the easterly line of said subdivision and the westerly boundary line of the Bill Estate to the northerly boundary line of lands belonging to Westchester County, known by and as the Cross County Parkway, thence northeasterly and southeasterly along the said northerly boundary line of the Cross County Parkway and the southerly boundary line of Bill Estate to the westerly boundary line of lands shown on a map entitled "Fenimore Cooper Park_, Inc. Section ' G' ", filed in the register' s office as Map No. 2804; thence northeasterly and northwesterly along the boun- dary line of Fenimore Cooper Park, Inc, and land of Bill to a point about 150 feet, more or less, westerly from the northwesterly corner of Lot 144 as shown on a map of Larch- mont Ridge, Section 8, filed in the register' s office as Map No. 3762; thence northeasterly along the rear of Lots 144-144A and 145 to the westerly boundary line of Lot 36 as shown on a map entitled "Map of Fenimore Cooper Park, Inc. Section 'E' " filed in the Register' s office in Volume 55, page 80; thence northwesterly and northeasterly along the boundary lines of Lot 36 to the westerly line of Fenimore Road; thence northeasterly to the northeasterly corner of lot 29 as shown on a map entitled "Map of Fenimore Cooper Park, Inc. Section ' D' ", filed in the register' s office as Yap Vol. 55, page 79; thence southeasterly along the easterly boundary line of lot 29 to the northeasterly corner of Boulder Brae Road; thence southeasterly across lands of Winged Foot Holding Corporation to a point in the ME northwesterly corner of Lot 25 as shown on map entitled "Map of Fenimore Cooper Park Section rC' " filed as Map No . 2514; thence along the rear of Lots 25, 41, and 40 on above subdivision to the southeasterly corner of Lot 40; thence southeasterly through lands of John J. I42urd.ock by a line parallel with and 150 feet easterly from the easterly line of Fenimore Road to the boundary line of the incorporated Village of Iviamaroneck; thence southwesterly and southerly along the boundary line between the Town and Village of Iviama- roneck to a point approximately 410 feet southerly from the southerly line of the Boston Post Road, to where the same is intersected by the southerly boundary line of land now or formerly of William T. Sood Estate; thence running along said southerly line of 'dVilliam T . Wood Estate in a general westerly direction 890 feet , more or less, to a point being 100 feet easterly from the easterly side of Hommocks Road; thence southeasterly and parallel with said Hommocks Road and 100 feet easterly therefrom, 600 feet ; thence south- westerly- and across said Hommocks Road at right angles to the westerly side thereof and 100 feet beyond; thence north- westerly and again parallel with said Hommocks Road and 100 feet westerly therefrom to a point 100 feet southerly from the southerly side of said Boston Post Road; thence westerly and again parallel with the southerly side of the Boston Post Road and 100 feet southerly therefrom approximately 1200 feet to the easterly boundary line of the Village of Larchmont; thence northerly and along said easterly boundary line of the Village of Larchmont and across the right of way of the New York, New Haven & Hartford Railroad, to the junc- tion of said easterly boundary line of said Village of Larch- mont with the northerly boundary line of said Village; thence westerly, northerly and westerly and along said northerly boundary line of the said Village of Larchmont to the point or place of beginning. Section 2. Notwithstanding the provisions of the town law, taxes and assessments hereafter levied in said sewer district for sewer district purposes, including taxes and - assessments levied to pay the cost of constructing trunk and lateral sewers and maintenance therefo and bonds and interest thereon heretofore or hereafter issued to Finance such improvements shall be assessed, levied and collected from the several lots and parcels of land within said sewer district ad valorem in the same manner and at the same time as other town charges. Section 3, whenever from time to time the town board of said town shall deem it advisable to improve or extend the facilities of the sewer system of said sewer district by the construction of new trunk or lateral servers or other improvements permitted by the town law for sewer districts the said town board may cause such improvements to be made on its own motion without complying with the procedure re- quired by sections one hundred ninety-nine or two hundred two-b of the town law for the authorization of such improve- ments. Before making any such improvement , however, the town board shall hold a public hearing thereon at which all persons having any pecuniary interest therein shall be given an opportunity to be heard. A notice of such hearing stating the time, place and general purpose thereof, the location and estimated cost of the proposed improvement and the place in which a map or plan of the imr;rovement may be examined prior to such hearing, shall be published at least ten days prior to such hearing in a newspaper published in the town or if there be no newspaper published in the town then in a newspaper published. in 'Ilestchester county and circulating in the town, and shall be posted in at least twenty conspicuous places in the town at least ten days prior to such hearing. Section 4. The town of IvIamaroneck shall have power by resolution of the town board to issue its bonds to pay the cost or estimated cost of any improvement undertakers pur- suant to section three hereof. Such bonds shall comply ME with the requirements of section two of article eight of the state Constitution and shall be sold in the manner provided by section nine of the general municipal law. For the purpose of complying with the requirements of section two of article eight of the state Constitution the totem board shall have power to determine the period of probable usefulness of any such improvement within the limitations of any general law which may be appli- cable or if there be no such general law such period may be determined according to the probable useful life of such improvement, not to exceed forty years. Section 5. Whenever such bonds shall have been authorized by resolution of the town board., the town may temporarily finance any such improvement by the issuance of temporary notes or certificates of indebtedness which may be renewed from time to time, provided that such notes or certificates of indebtedness together with all renewals thereof issued to finance any such improvement shall be paid within one year from the date of the first notes or other obligations issued to finance such improvement. Section 6. The faith and credit of said town shall be and hereby are pledged for the payment of the principal of and interest on such indebtedness, and whether or not suet pledge is expressly stated in the instrument or in the resolution authorizing the same it shall constitute a term of the contract of every bond, note or certificate of indebtedness issued pursuant hereto. All such bonds, notes and certificates of indebtedness and interest thereon shall be paid in the first instance from a levy upon the property within said sewer district as provided in section two hereof, but if not so paid there shall be raised by tax upon all of the taxable property in said town a sum suffi- cient to pay such principal and interest. — Section ! . Said district may be extended from time to time in the manner provided by the town law, in which event the provisions of this act shall apply to said district as so extended. Section 8. The powers granted by this act shall be effective notwithstanding the limitations contained in any general, special or local law, and nothing herein contained. shall be construed as depriving any holder of an outstanding obligation of any right or remedy which he is now entitled to exercise for the enforcement of such obligation. Section 9. This act shall take effect immediately. so presented and in the form drafted by the Town Attorney and respectfully requests the Legislature of the State of New York to enact the same, and respectfully requests the Governor of the State of New York to approve the same , when so enacted; and be it FURTHER RESOLVED that the Supervisor and Town Attorney are authorized and directed to 'obtain from the Board of Supervisors of 'Nestchester County and the County Execu- tive , the necessary request to the Legislature, pur- suant to the provisions of Article lip, Section 1B, of the Constitution, as amended, in the form required by the Joint Rules Committee in the Senate and Assembly of the State of New York, to the end that these bills may be enacted by the Legislature; and be ,it FURTHER RESOLVED that this Board consents to amendments being made by the Legislature of the State of New York, provided the same do not substantially or materially alter the provisions thereof. HIM The Town Attorney stated that he had prepared a complaint against the Equitable Piortgage Company and other persons, owner and tenant to the property on the northerly side of Palmer Avenue now used as an automobile junk yard. The complaint consisted of two causes of action, one covering the property to a depth of one hundred (100' ) feet on Palmer Avenue, which is in the "Au zone, and the other covering the property at the rear of this which is zoned 'ID"-. He asked for instructions to proceed with this matter by filing a summons and complaint and serving it . On motion by Councilman Griffin, seconded by Councilman Bates, it was unanimously RESOLVED, th; proceed with violation of existence of Avenue . it the Town Attorney be instructed tc the cause of action to remove a the zoning ordinance caused by the an automobile junk yard on Palmer Following the recommendation of the Town Attorney and a lengthy discussion concerning applications for the division of pro- perty on the assessment maps and the assessment roll, it was decided that the assessor be instructed not to comply with any request, un- less there is some evidence of the sale of land or that the owner has filed a plan for a subdivision. The Town Attorney reported tnat he had received a letter from the attorney representing Elsie 1,1. H. Gaskill, suggesting that certain figures be considered for the -purpose of settling certiorari proceedings affecting property known as Section 6, Block 63, Lots 11A, 11B, 23E and 23F. Following some discussion the Board decided to refer the matter back to Town Attorney Delius . Town Attorney Delius reported that Tdir. Hurlbert ➢ cAndrew, attorney, representing Merwyn J. Jamieson, had called at the Town Office to offer an arrangement for the settlement of certiorari proceedings on property known as Section 6, Block 28, Lots 8B and 9. fie submitted the figures presented by Mr. McAndrew. Following some discussion the Board denied the request and referred the matter to Town Attorney Delius. Town Attorney. Delius reported that he and Town Engineer Foote had made a complete study of the proposed changes and/or amendments included in the report submitted by the Zoning Board_ of Appeals and that they were prepared to present same for the con- sideration of the Town Board. Supervisor McCulloch stated that the importance of the proposed revisions could hardly be exaggerated, as the plan calls for the elimination of the unclassified areas and re-classifying them for residential, business, industrial and other uses. He re- commended that the Town Board hold a joint meeting with the Zoning Board of Appeals for the purpose of discussing the entire plan, The members of the Board expressed their approval of such a meeting and the Supervisor telephoned Mr. A. Stirling Smith, Chairman of the Zoning Board of Appeals, and arranged for a meeting to be held on 'Nedneslay evening, March 8, 1939, at 8 P. I.4. at the Town Office. Town Attorney Delius presented a copy of the report on the proposed chan` es to the Generai Ordinances of the town, which had been submitted to the members of the Board for study. The report dated February 1, 1939, reads in part as follows: "From time to time during the past six months, matters have been referred to me concerning amendments to the Town' s Ordinances, including the General Ordinances, Building Code , and Plumbing Code . I would like, therefore , to present herewith certain recommen- d.ations and suggestions regarding amendments of these various ordinances with the idea that I would be authorized to draft such amendments and that the Board would then proceed with a public hearing upon the various ame ndsnent s. ' The Town Attorney read the report and discussed the proposed amendments with the members of the Board. Following the discussion, during which the members of the Board added some recommendations, it was decided that the Tom Attorney be authorized to prepare the final draft of the proposed amendments and that the same be presented to the Board before arrangements are made for a public hearing. The Supervisor advised. the Board that there was a possibility of obtaining an easement agreement from the Westchester County Park Commission for a right of way over parkway property between ,laxvrell Avenue and the incinerator site . Following some discussion, it was upon motion by Councilman Mandeville, seconded by Councilman Bates, unanimously RESOLVED, that the Supervisor be and hereby is authorized to present a request to the IVestchester County Park Commission for an easement or a right of way over lands now owned by the County of '+Vest- chester situated at the end of Maxwell Avenue in the Town of Mamaroneck. The Town Attorney stated that it would be necessary to retain experts in the certiorari proceeding brought by Birckhead and Heilman, and others, as Trustees of a mortgage certificate series affecting a large section of property in the so-called Feni- more Cooper Estate, five pieces of property in the Village of IIiaxma- roneck and two in the Village of Larchmont . After discussion the Town Attorney was authorized to hire such real estate experts as he considered competent and necessary to sustain the town' s assessment . At 11:15 P. Y. the Board unanimously resolved to adjourn. �i E Town Clerk_'' `"