HomeMy WebLinkAbout1936_04_15 Town Board Minutes REGULAR P'IEETING OF THE TOtivVT BOARD
TOPJN OF ItUMARONECK, N. Y.
HELD APRIL 15, 1936
At the Town Offices, 158 ';Vest Boston Post Road, Tlamaroneck, N. Y.
The meeting was called to order by Supervisor McCulloch at
8: 45 P. 1ti.
Present: Supervisor uTcCulloch
Councilmen Bates, Brennan, Griffin, Iieginn.iss
The presence was also noted of Town Clerk Marvin, Town Attorney
Delius and Town Engineer Foote.
The minutes of the meeting of April 1, 1936, were approved as
printed.
The regular order of business was suspended in order to hear
those persons who desired to address the Board.
Mrs. Bertha M. Van Sickle, President, and Major t�Vm. H. Smith
Counsel for the Larchmont-Yamaroneck Humane Society, Inc. , addressed
the Board.
Major Smith presented an offer signed by N:rs. Van Sickle as
President and dated. April 15, 1936, to purchase from the Town for the
sum of `,;500 the so-called "pump house site" consisting of Parcels B
and C on a survey by the A. J. Foote Engineering Corporation dated
January, 1935, together with. Lots 108 and 109, Block P, Map of 1906,
Addition to Sound Shore, a total area of about 37,000 square feet.
1dajor Smith also requested the Board to pass a resolution
providing that the 'own contract with the Humane Society in accordance
with the provisions of Section 120 of the Agriculture a Markets Act
- for the capture, care and disposition of stray dogs within the Town
limits. He stated that similar resolutions had already been adopted
by the Villages of Larc]mmont, 21damaroneck and Port Chester, and the Town
of Harrison. He said that adoption of this resolution would make it un-
necessary for the Country* Health Department to take action in the Town
with respect to dogs.
After discussion the Board referred the offer to purchase
the land and also the matter of preparing the necessary resolution and
contract as above set forth to the Town Attorney.
Howell Perrin and Emil Zvirin_ addressed the Board to request
the apportionment of taxes on part of the Howell Estate. A petition
dated April 14, 1936, was received from Assessor Smith requesting the
Board to correct the assessment rolls so as to permit this apportionment.
On motion by Mr. Bates, seconded by 'Mr. Griffin, it was
unanimously
RESOLVED, ''VHEREAS the Assessor has presented a petition
dated April 14, 1936, for the correction of the assess-
' ment rolls for the years 1933, 1934 and 1935, taxes of
19341 1935 and 1936, 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
7,1HEREAS after due consideration this Board finds it
desirable to grant said petition for the correction
of said assessment rolls;
NO'N, THEREFORE, BE IT
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RESOLVED, tjaat the assessment rolls for the years 1933,
1934 and 1935, taxes of 1934, 1935 and 1936, which
show property now appearing on the rolls as follows:
Assessed Value
Sec. Blk. Lot Owner Land Total
4 28 1 Howell Estate $21,400 1521,400
be corrected as follows, in accordance with the pro-
visions of Subdivision 5 of said Section 33:
Assessed Value
Sec. Blk. Lot Owner Land Total
4 28 1 Howell Estate $17P900 w17, 900
4 28 7 Goldsmith, Alice L. 400 400
4 28 8 Gemlor Contracting Co. ,Inc. 3,100 3,100
provided, however, that the Bonded Municipal Corporation,
the holder of the tax lien on Section 4, Block 28, Lot 1,
for a tax of 1934 sold in 1935, consent to accept a
lien for an amount to be apportioned against Section 4,
Block 28, Lot 1, and accept payment of that portion of
the tax lien as apportioned against Section 4, Block 28,
Lots 7 and 8, such consent to be furnished to the Re-
ceiver of Taxes and Assessments at the time payment is
made .
Mr. Zvirin also addressed the Board concerning taxes for the
years 1907 to 1912, inclusive, on property owned by miss Augusta White,
known as Section 6, Block 22, Lots 27, 281 291 30 and 31, the liens
on which are held by the Town. He stated that the owner had twice
paid all back taxes then known to exist on the property, each time
believing that she had paid_ all arrears; that she had been informed
of the existence of the taxes 'herein referred to only recently and that
she offered to pay the face amount thereof without interest.
The Town Attorney recommended that in view of the action taken
by the Board in other and similar cases the request be approved.
On motion by Asir. Brennan, seconded by !,Tr. Griffin, it was
-- unanimously
RESOLVED, that the Receiver of Taxes and Assessments
be and he hereby is authorized, empowered and directed
to accept payment of the taxes for the years 1907 to
1912 inclusive, sales of 1908 to 1913 inclusive, on
Section 6, Block 22, Lots 27, 285 295 30 and 31, in
the face amount of the liens which are held by the
Town, without interest, provided that payment is made
within thirty days.
Mr. Meginniss reported. on the matter of the claims for refund
of bank taxes received by the Town under a law subsequently declared
unconstitutional, which matter had been referred to him and the Town
Attorney at the previous meeting. He said as follows: that the Town,
actually received the taxes, the refund of which is sought; that there
is a clear obligation on the Town to refund these taxes, and that he
recommends acceptance of the offer of compromise made by the claimants,
said offer being that they will accept the face amount of the taxes
without interest. He recommended that the Town Attorney investigate
the matter of a possible off-set to the claim of the First National Bank
and Trust Company of Mamaroneck by reason of Town funds on deposit in
said bank_ when it went into liquidation. The total of the claims for
refund amounts to $3,251.73.
On motion by Prr. Bates, seconded by Mr. Brennan, it was
unanimously
RESOLVED, that the claim of the Larchmont iiiational
Bank and Trust Company for a refund of the 1926 bank
tax received by the Town of Mamaroneck in the amount
of $1,560.83 be and it hereby is approved and the
Supervisor be and he hereby is authorized, empowered
and directed to issue a certificate of indebtedness in
said sum of $1,560.83 bearing interest at the rate of
not more than 6 per cent per annum and maturing not
1
more than 12 months from the date of issue and to tender
said certificate to the Larchmont National Bank and Trust
Company in payment of its claim; and be it
FURTHER RESOLVED, that in respect to the claim of the
First National Bank and Trust Company of Mamaroneck
for a refund of said bank taxes, the Supervisor and the
Town Attorney are hereby authorized and directed to
negotiate with said bank in reference to an off-set to
the bank' s claim, said off-set being based on the fact
that the Town of Mamaroneck has on deposit in said bank,
Li which is now in liquidation, the sum of approximately
"2,010; and. be it
FURTHER RESOLVED, that if the efforts of the Supervisor
and the Town Attorney to obtain an off-set from the
First National Bank and Trust Company of Mamaroneck be
unsuccessful, then and in that case the Supervisor be
and he hereby is authorized, empowered and directed to
issue a certificate of indebtedness in the sum of
il. 690. 90 bearing interest at the rate of not Faore
than 6 per cent per annum and maturing not more than
12 months from the date of issue and to tender said
certificate to the First National Bank and 'Trust
Company of Mamaroneck in payment of its claim.
The Board discussed the question of garbage incineration and
referred to iqlr. Bates the matter of considering; the various proposals
submitted to the Town in respect to garbage incineration. The Board
declared that it stands ready to cooperate with neighboring communities
in any efforts to reach a solution of the garbage incineration problem.
Mr. Bates informed the Board that he had obtained from
Engineer Foots an estimate of a proposed extension of a storm drain
from the northerly end of Knollwood Drive, a distance of about 75
feet, onto the property of the 'r'destchester County Park Commission, at
a cost of approximately 5, 550. He said the Park Commission would gladly
permit the Town to construct this drain. Because of disposing of surface
storm waters, he said, the drain would prevent the flooding of a server
pumphouse located at the end of Knollwood Drive. The pumphouse has been
flooded twice recently at considerable expense ense to the Town.
On motion by Mr. Griffin, seconded by Fair. Brennan, it was
unanimousl ;r
RESOLVED, that the Sewer Department be and it hereby
is authorized, empowered and directed to construct
a storm drain consisting of about 75 feet of 18 inch
reinforced concrete pipe from the northerly end of
Knollwood "Drive onto the property of the Westchester
County Park Commission at a cost of approximately
$550, said cost to be charged to the Capital Fund of
Sewer District No. 1.
ar. Bates reported progress on the matter of a storm drain
to relieve the flood condition of the Wager property on Valley Road.
Mr. Brennan reported on the proposal that the Town contract
with the Village of Scarsdale for the use, for fire prevention purposes,
of certain hydrants along the boundary line between the Village and
the Town. He said that he had gone over the ground very carefully and
recommended that the Town contract for the use of two hydrants on
Griffen Avenue and one on Cornell Street. The matter of what provisions
to incorporate in the proposed contract between the Town and the Village
was referred. to ,'!4r. Brennan to take up with the Village of Scarsdale.
Pair. Brennan reported that the dinged Foot Club desired that
the location of a certain hydrant on Old lWhite Plains Road be changed
because the Club is constructing a new driveway and the hydrant in its
present location .would be in the way.
I
On motion by Mr. Bates, seconded by Mr. Griffin, it was
unanimously
RESOLVED, that the change in the location of a fire
hydrant on Old ','unite Plains Road as requested by the
G'Vinged Foot Club be and it hereby is approved, pro-
vided the Chief of the Town of .viamaroneck Fire Depart-
ment gives his consent and provided further that said
change be made at no cost to the 'Down.
Lair, Brennan reported that he had investigated a request by
Leon Shimkin for the installation of a street light opposite his
residence at the end of East Drive, Rouken. Glen. He said that he had
requested Mr. Shimkin to obtain the consent of his neighbors to the
installation of this light and that upon receiot of this consent he
would recommend that the light be installed.
➢Sr. Griffin reported on welfare matters and presented an
analysis of the cost and activities of the Department for the month
of March.
dr. M,eginniss presented the financial report of the Supervisor
for the 'three months ended ivarch 31, 1936. The report was ordered filed,
The Supervisor reported that tax collections this year and
for the current levy are approximately ', 50,000 better than last year
at the corresponding date and that the number of taxpayers this year
is considerably in excess of the number last year.
The Supervisor stated that it would be in order for the
Town Board to designate the paper for the publication of the notice
of the annual tax sale.
On motion by Mr. Bates, seconded by Tair•. Brennan, it was
unanimously
RESOLVED, that in accordance with the provisions of
Section 34 of the Westchester County Tax Act a
notice of the sale of tax_ liens, which sale shall
be held on May 27, 1936, be and it hereby is ordered
published once in each week for three weeks consecu-
tively commencing on ?,Vednesday, -Flay 6, 1936, in The
Daily Times, a newspaper published in the Town of
�ai.amaroneck; and be it
FURTHER RESOLVED, that the matter of attending to
the publication of this notice of sale be and it
hereby is referred to the Receiver of Taxes and
Assessments; and be it
FURTHER RESOLVED, that said notice shall have
appended thereto a particular and detailed statement
of the property the tax lien on which is to be sold,
giving the section, block and lot numbers together
with the name of the owner thereof as set forth in the
records of the Receiver of Taxes and Assessments.
The Town Attorney presented a petition from the Assessor dated
April. 15, 1936, for the correction of the assessment rolls so as to
permit the apportionment of certain taxes. The Town Attorney recommended
approval of the petition.
On motion by Mr. Meginniss, seconded by Mr. Griffin, it was
unanimously
RESOLVED, VVHEREAS the Assessor has presented a
petition dated April 15, 1936, for the correction
of the assessment roll as hereinafter set forth,
pursuant to the provisions of Section 33 of Chapter 105
of the saws of 1916, as amended, known as the Westchester
County Tax Act; and
HEREAS after due consideration this Board finds it
desirable to grant said petition for the correction
of said assessment roll,
SIN, THEREFORE, BE IT
RESOLVED, that the assessment roll for the year 1935,
tax of 1936, which shows property now appearing on
the roll as follows:
Assessed Value
Sec. Blk. Lot Owner Land Total
7 42A 3 Gerald J. Campbell X25000 ;;22000
7 42A 4 Gerald J. Campbell 23500 23500
be corrected as follows, in accordance with the
provisions of Subdivision 5 of said Section 33:
Assessed Value
Sec. Blk. Lot Owner Land Total
7 42A 3 & 4B Fargaret H. Cavanaugh $21080 $2,080
7 42A 4A George A. Sheldon 2P420 23420
FURTHER RESOLVED, that the assessment roll for the
year 1935, tax of 1936, which shows property* now
appearing on the roll as follows:
Assessed Value
Sec. Blk. Lot Owner Land Improvement Total
2 9A 414 Rockledge Holding Corp. 3,500 63,000 $6, 500
be corrected as follows, in accordance with the
provisions of Subdivision 5 of said Section 33:
Assessed Value
Sec. Blk. Lot Owner Land Improvement Total
2 9A 414A Viola S. IvIaver 3' 000 X
2 9A 414B Rockledge Holding Corp. 500 3,000 6'0500
FURTHER RESOLVED, that the assessment roll for the
year 1935, tax of 1936, which shows property now
appearing on the roll as follows:
Assessed Value
Sec. Blk. Lot Owner Land Improvement Total
4 16 22 Francis M. Nye 2,200 $2, 200
be corrected as follows, in accordance with the provisions
of Subdivision 5 of said Section 33:
Assessed Value
Sec. Blk. Lot Owner Land Total
4 16 22B Francis Id. Nye v� 550 v 550
4 16 22A A. A. Building Corp. 1,650 1,650
FURTHER RESOLVED, that the assessment roll for the year
- 1935, tax of 1936, which shows property now appearing
on the roll as follows:
Assessed Value
Sec. Blk. Lot Owner Land Total
1 18 - George Malcolm X10,0005-10,000
be corrected as follows in accordance with the provisions
of Subdivision 5 of said Section 33:
Assessed Value
Sec. Blk. Lot Owner Land Total
1 18 1 George Malcolm 5 63500 P 6 500
1 18 2 Rebecca Shimkin 3, 500 3, 500
57
FURTHER RESOLVED, that the assessment roll for the
year 1935, tax of 1936, which shows property now
appearing on the roll as follows:
Assessed Value
Sec. Blk. Lot Owner Land Total
3 15C 4 Rockledge Holding Corp. $11000 $11000
be corrected as follows, in accordance with the provisions
- of Subdivision 5 of said Section 33:
Assessed Value
Sec. Blk. Lot Owner Land Total
3 15C 4A Lydia Webb $ 900 $ 900
3 15C 4B Robert L. Loeb 100 100
FURTHER RESOLVED, that the assessment roll for the
year 1935, tax of 1936, which shows property now
appearing on the roll as follows:
Assessed Value
Sec. Blk. Lot Owner Land Improvement Total
6 10 2 Locke , &. Kay $130000 y5, 000 $182000
be corrected as follows, in accordance with the
provisions of Subdivision 5 of said Section 33:
Assessed Value
Sec. Blk. Lot Owner Land Improvement Total
6 10 2A Fred F. Krisch $ 7, 500 $52000 $12,500
6 10 2B L. Eugene Field 5, 500 5,500
A report dated April 10, 1936, was received from Assessor
Smith in reference to a letter dated April 7, 1936, from the New Rochelle
Trust Company concerning a double assessment. The report recommended
cancellation of one of the tax items and the Town Attorney concurred
in this recommendation.
On motion by Mr. Griffin, seconded by Mr! Bates, it was
unanimously
RESOLVED, WHEREAS Assessor Smith in a report to this
Board dated April 10, 1936, states that part of Lots L,
M . and N. in Block 94, Section 9, is also assessed as
Lot 18, Block 93, Section 9, on the assessment rolls
for the years 1932, 1933, 1934 and 1935, taxes of 1933,
1934, 1935 and 1936, of the Town of Mamaroneck, thus
constituting a double assessment; and
WHEREAS the taxes for the years 1933, 1934, 1935 and
1936 were paid on Lots L, M and N, Block 94, Section 9,
but not on Lot 18, Block 93, Section 9;
NOW, THEREFORE,BE IT
RESOLVED, that the Receiver of Taxes and Assessments
be and he hereby is authorized, empowered and directed
to cancel the taxes for the years 1933, 1934, 1935
- and 1936 on Lot 18, Block 93, Section 9.
The Town Attorney reported that he had conferred with
Mrs. Laura LeVino, Relator in a certiorari action brought against the
Town of Mamaroneck to review the assessment for the year 1935 on pro-
perty owned by her and recommended that the proceeding be settled
and discontinued upon the reduction of the total assessed valuation
from 114, 900 to Y131000.
On motion by Mr. Bates, seconded by Mr. Brennan, it was
unanimously
RESOLVED, WEEREAS Mrs. Laura LeVino obtained a writ
of certiorari from the Supreme Court of Westchester
County on the 11th day of October, 1935, to review
the assessment for the year 1935 upon the property
owned by her; and
WYEREAS, the Board of Assessors of the Town duly
filed a return to the writ on or about the 3rd day
of December, 1935, and no further proceedings have
been taken; and
A AREAS, the Town Attorney recommends to this Board
that the proceeding be settled and discontinued upon
the reduction of the total assessed valuation to
`13, 000;
NOW, THEREFORE, BE IT
RESOLVED, that the assessment for the year 1935 upon
property owned by Mrs. Laura LeVino and designated
as hereinafter stated by section, block and lot
number, be corrected to read as follows;
Sec. 1, Block 28, Lots Land Improvements
53 200.00
54 200.00
55 200.00
56 180.00
88, 89 )
901101 ) 2,140.00 $5,000.00
27 )
91 750.00
92 750.00
93 750.00
94 750.00
95 750. 00
96 750.00
24 200.00
25 200.00
26 180.00
providing the certiorari proceeding now pending be
discontinued.
A letter dated April 9, 1936, was received from Martin Ginzler,
an attorney of White Plains, stating that a client of his desired to
purchase certain tax liens held by the Town on property known as Section 7 , IL
i p Y
Block 16C, Lots 212 to 215 inclusive, at the face amount thereof plus
interest at 6 per cent per annum. After discussion the Board declined
the offer of dr. Ginzler.
The Town Attorney reported that he had received an offer
from the Bonded fdunicipal Corporation to purchase a tax lien sold
at the 1930 sale on Section 61 Block 58, Lot 2, held by the Town. The
matter was referred to the Town Attorney for investigation and report.
The report of the Welfare Officer for the month of March
was received and filed.
The report of the Receiver of Tares and Assessments for the
month of March was received and filed.
The report of the Town Clerk for the month of Parch was
received and filed.
A letter dated April 7, 1936, was received from the Mamaroneck
Chamber of Commerce inquiring as to the Joint Incinerator Committee
appointed some time ago. The matter was referred to the Town Clerk for
reply.
A letter dated April 14, 1936, was received from E. J. Emelin
of 73 Mamaroneck Avenue, Mamaroneck, requesting that he be permitted to
pay a tax lien for taxes of 1902 sold in 1903 to the Town, in the face
amount thereof, namely, $1.83 without interest .
i
The Town Attorney recommended that in view of the action
taken by the Board in other and similar cases, the request be granted.
On motion duly made and seconded it was unanimously
RESOLVED, that the Receiver of Taxes and Assessments
be and he hereby is authorized, empowered and directed
to accept payment of the tax of 1902, sale of 1903,
on Section 9, Block 51, Lot 4, in the face arnotmt
thereof, namely, Y1.83 without interest, provided pay-
- sent be made within thirty days.
The Town Clerk reported, that he had been requested by
Chas. N. Hagelston of 106 Beach Avenue, Larchmont, to ask that the
Board again consider Mr. rIagelston a s request for a correction of the
assessment roll for the year 1934 in respect to his property on Beach
Avenue, which matter had been previously considered by the Board but
never finally acted upon. The :matter was referred to the Assessor for
a report at the next meeting.
The Town Clerk called to the attention of the Board the matter
of the care of the Town. Cemetery, citing the provisions contained in
Section 291 of the Town Law, to the effect that "it shall be the duty
of the Town .Board to remove the grass and weeds from any such cemetery".
The Board referred the matter of the care of the Town Cemetery to
Engineer Foote.
A petition dated April 2, 1936, was received. from Top 0 Th
Hill Inc. , a corporation controlled by John J. Murdock, requesting
the Town Board to change the zoning of property owned by this corpora-
tion on the easterly side of Old 'White Plains Road from F4F" Unclassified
District in which said property is now located to a use permitting the
erection of apartment buildings or multi-family dwellings.
The petition was laid over for consideration at the next
-- regular meeting of the Board on Ilay 6, 19'36, to -Mhich meeting the Board
invited the Board of Appeals ( for Zoning) and the Clerk was directed
to notify them. The Board also decided to bring up at the same meeting
the request of I'lorris H. Petigor for the re-zoning of certain property
owned by him on the Boston Post Road, which matter had been laid before
the Board at its meeting on April 1st.
At 12 midnight the Board unanimously resolved to adjourn.
< I
own Clerk