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HomeMy WebLinkAbout1936_06_17 Town Board Minutes REGULAR I,EETTNG OF THE TVNN BOARD TOWN OF IVIAMARONECK, N. Y. HELD JUNE 17, 1936 At the Town Offices, 158 West Boston Post Road, Mamaroneck, N. Y. The meeting was called to order by Supervisor McCulloch at 8: 20 P. I,1. Present: Supervisor IatcCulloch Councilmen Bates, Brennan, Griffin, Meginniss The presence was also noted of Town Clerk Marvin and Assistant Town Attorney Schwartzreich. The minutes of the meetings of 'May 26 and June 3, 1936, were I aid over for approval at a subsequent meeting. The Supervisor stated that the first order of business would be the application of Morris H. Petigor dated March 19, 1936, for the re-zoning of his property described as Section 4, Block 24, which matter was the subject of a public hearing held May 26, 1936. A letter dated June 1, 1936, of Mrs. Thomas P. Russell, Jr. concerning the proposed re-zoning, which had been laid over by the Board at its meeting on June 3, was read by the Clerk and ordered filed. A letter dated June 15, 1936, was received from the Larchmont Taxpayers Association concerning the proposed re-zoning. It was read by the Clerk and ordered filed. On motion by Mr. Griffin, seconded by Mr. Bates, it was upon roll call unanimously RESOLVED that the request of Morris H. Petigor for the re-zoning of his property described as Section 4, Block 24, be and it hereby is denied without prejudice. The regular order of business was suspended in order to hear those persons who desired to address the Board. Mr. Edward Ely Hoie addressed the Board concerning his letter of May 30, 1936, which letter was laid over at the meeting on June 3. - The letter, accompanied by a blue print, proposed the creation of a civic center on the Petigor property. The letter was ordered laid on the table. Howell C. Perrin, on behalf of the Howell Estate, addressed the Board to request that the Town agree to accept an extension of 44 feet of Carleon Avenue from its present easterly terminus on the condition that the Howell Estate construct this extension to the satisfaction of the Town. The extension would include an 80-foot turning circle as a dead end. On motion by Mr. Dleginniss, seconded by Mr. Bates, it was unanimously RESOLVED that the request of Mr. Howell C. Perrin be and it hereby is referred to the Superintendent of Highways for investigation and report . IJr. Harry T. Byrne, President of the Maple Hill Association, and Mr. E. T . I. Thygeson, Secretary of the Association, addressed the Board to present a petition dated June 17, 1936, concerning the special assess- ments levied on the Maple Hill Section, requesting "that the entire assess- ment be removed from the Maple Hill Subdivision and spread upon the unin- corporated section.` The Board laid the petition over for consideration at a special meeting to be held within ten days or two weeks. The Board assured the representatives of the Association that they would be notified of this meeting and the Clerk was directed to notify also Mr. Wm. E. Schramek, President of the Larchmont Gardens Association, of the meeting. I _ Mr. Louis Zingesser, attorney of I+Iamaroneck, addressed the Board concerning the execution of three judgments obtained by the Town in con- sequence of the failure of his client, 1,1r. Nicholas Leone, to pay certain court costs arising out of a previous action involving the zoning of pro- perty owned by 111r. Leone at the southwest corner of Fernwood Road and West Brookside Drive, as reported to the Town Board by the Town Attorney at its meeting on June 3, 1936. At that time the Board unanimously approved the recommendation of the Board of Appeals that the Sheriff be directed to execute these judgments. Mr. Zingesser requested that execution be deferred until the pending litigation concerning this property has been completed. The amount of the judgments is about $400 including interest. The Board declined to reverse its decision to proceed with the execution. A letter dated June 17, 1936, was received from Frank A. Downes, Chairman of the Board of Park Commissioners, Park District No. 1 of the Town of Mamaroneck, requesting the issuance of not to exceed $20,000 in bonds or certificates of indebtedness to pay the Park District' s share of the cost of completing N. P . A. Project No. 9-M-71 (improvement of Larchmont Gardens Lake) . The letter was accompanied by a certified copy of the resolution adopted by the Board of Park. Commissioners on June 17, 1936, requesting the Town Board so to do. The following resolution was offered by lair. Griffin, seconded by Air. Bates, to wit : VVHEREAS, heretofore the Park Commission of Park District No. 1 of the Town of Mamaroneck has made application to the Vfforks Progress Administration for an allotment of funds for the improvement of said Park District No. 1 consisting of the drainage of the so-called Sheldrake Lake, the construction of a concrete silt basin, the reconstruction of the banks of said lake with the materials excavated from its bottom and the reconstruction of a dam, and said public works project has been approved by said Works Progress Administration; and WHEREAS, the estimated cost of the construction of said improvement, is 37,445.75, of which $17,785.00 is to be paid by the Vliorks Progress Administration, and it is necessary for Park District No. 1 to raise the sum of y1p'19, 660.75 to pay the cost of materials, supplies and equipment :°ar said project; and 1VHEREAS, the estimated average probable life of said improve- ment is 20 years; and `AFFEREAS, the Park Co=ission of said Park District No. i. has made application to this Town Board for the necessary funds, which must be contributed by the Park District in the con- struction of said project; and N AREAS, the Town Board has heretofore ratified the action of the Park Commission in entering into an agreement with the VtTorks Progress Administration for the construction of said project; NOW. THEREFORE, BE IT RESOLVED, that there is hereby appropriated the sum of 119, 660.75, or so much thereof as may be necessary, to pay the cost of materials, supplies and equipment on said public works project in Park District No. 1 in the Town of Miamaroneck undertaken through and by authority of the Works Progress Administration of the Federal Government, and the said amount shall be raised by the issuance of bonds of the Town of .Mamaroneck in an amount not exceeding $20,000, and to mature in annual installments within ten years from their date, and to be sold in the manner provided by law, and there shall be levied, assessed and collected annually by tax upon all the taxable property in Park District, No. 1, at the same time and in the same manner as the annual tax for other town purposes, a sum sufficient to pay the principal and interest of said bonds as the same respectively become due. In case the annual collections of such tax shall be less than the amount required to pay the principal or interest of said bonds, when due, the Supervisor is hereby directed to pay the deficiency - out of any surplus money not otherwise appropriated, or to negotiate a loan or loans -- in anticipation of the next succeeding tax levy, and the amount thereof shall be included in the next succeeding tax levy upon all the taxable property in the Town; FURTHER RESOLVED, that in anticipation of the sale of said bonds, the Supervisor is hereby authorized to borrow such amount, not exceeding w20,000, as he shall find necessary to pay the cost of materials, supplies and equipment for such public works project. Such Certificates of Indebtedness shall be dated , 1936, or such later date as the said Supervisor shall determine, and shall be of such denomination and maturity, not exceeding six months from their date, as said Supervisor shall determine, and shall bear interest at a rate not exceeding four ( 4) per centum per annum, payable at maturity, and shall be paid out of the proceeds of the sale of the bonds to be issued aforesaid. Such Certificates of Indebtedness shall be signed by the Supervisor and sealed with the corporate seal of the Town, attested by the Town Clerk, and shall be payable in lawful money of the United States of America at the Bank, , New York with New York exchange, and such Certificates of Indebtedness shall be in sub- stantially the following form, to wit: UNITED STATES OF AMERICA STATE OF NEW YORK TOWN OF MAMARONECK TEMPORARY CERTIFICATE OF INDEBTEDNESS No> KNOW ALL MEN BY THESE PRESENTS, That the Town of Miamaroneck, a municipal corporation in the Count;* of Westchester, State of New York, hereby acknowledges its indebtedness and for value received promises to pay to bearer on the day of , 1936, the sum of DOLLARS ) , with interest thereon from the date hereof at the rate of ( ) per centum per annum, payable at maturity. Both principal and interest payable in lawful money of the United States of America, at the , New York, with New York exchange. This certificate of indebtedness is issued for the purpose of providing funds to pay the cost of materials, supplies and equipment for a duly authorized public works project in Park District No. 1 in said Town of Mamaroneck undertaken through and by authority of the work relief authorities of the State and Federal Government pursuant to the Constitution and statutes of the State of New York, and is issued pursuant to proceedings of the Town Board of said Town duly had and taken in all respects authorizing the same. 141 It is hereby certified, recited and declared that all acts, conditions and things required to exist, to happen and to be performed precedent to and in the issuance of this certificate of indebtedness, exist, have happened and have been performed in due time, form and manner as required by law, and that the amount thereof is within every debt and other limit prescribed by the Constitution and laws of the State of New York. The full faith and credit of said Town are hereby irrevocably pledged to the punctual payment of the principal and interest of this certificate of indebtedness when due. This certificate of indebtedness may be registered in accordance with the provisions endorsed hereon, IN WITNESS WHEREOF, the said Town of Tvlamaroneck has caused this certificate of indebtedness to be signed by its Supervisor and sealed with the corporate seal of said Town, attested by its Town Clerk, this day of 1936. Supervisor ATTEST: Town Clerk REGISTRATION This certificate of indebtedness may be registered under the signature of the Town Clerk of the Town of Mamaroneck, Westchester County, New York, below, and shall thereafter be transferable only upon the written assignment of the registered holder or his attorney duly acknowledged or proved, such registration_ and transfer to be made in the Register kept in the office of said Town Clerk and a notation thereof to be made hereon. The principal and interest of this certificate of indebted- ness, if registered, will be payable only to the registered holder, his legal representatives, successors or assigns. Such transfer may be to bearer, after which this certificate Of indebtedness shall be subject to subsequent registrations and transfers as before. Date of Registry: In Whose Name Registered: Signature of Town Clerks Adopted by the following votes AYES: Supervisor McCulloch Councilmen: Meginniss Bates Griffin Brennan_ NOES: None Mr.Bates reported on drain matters. He presented a letter dated hay 29, 1936, signed by Town Engineer A. J. Foote, reporting that the storm water drain through Westehester County Parkway land at the northerly end of Knollwood Drive in Rouken Glen has been satisfactorily completed.; that the estimated cost was $550.00 and the actual cost $327.81 and that the work had been inspected and approved by an engineer from the County Park Commission. The petition dated i�2ay 27, 1936, of Norman McGlashan, owner of property at the northeast corner of 1,11urray Avenue and Leafy Lane, submitting for the consideration of the Board a plan for five proposed attached dwellings to be erected thereon, which petition was considered by the Board at its meeting on June 3 and at that time ordered laid over, was dis- cussed by the Board. The petition was again ordered laid_ over to give the members of the Board an opportunity to inspect the property. The Supervisor reported to the Board that he had received from the Board of Education of Union Free School District No. 1 of the Torun of iiamaroneck a copy of the budget of the school district for the ensuing school year. The budget was ordered entered in the minutes as follows; 1936-1937 BUDGET The following is a statement of the sums necessary to be raised by tax for Teachers' Wages and other necessary expenses of the Schools : -- GENERAL CONTROL Salaries, Superintendent of Schools, Assistant Superintendent of Schools, Treasurer, Clerk,Clerk to Superin- tendent, Clerk to Assistant Superin- tendent, Attendance Officer $19951.00 District meeting and School Election 500.00 Treasurer' s Bond 375.00 Postage and Stationery 200.00 Superintendent' s Expense 250.00 Transportation, Superintendent, Assistant Superintendent, Supervisors and Attendance Officer 1300.00 School Census 500.00 Auditing 650.00 Legal Expense 2000.00 Cards, Reports, etc. 500.00 Parent Education Group 200. 00 INSTRUCTIONAL SERVICE Salaries, Teachers, Supervisors, Principals and Principals' Clerks 444530.00 Evening School 5800. 00 Text Books 7000.00 Instructional Supplies 14000.00 Commencement Music, etc. 500.00 Record Forms, etc 1000.00 Expenses of Principals' Offices 350.00 OPERATION OF PLANT Janitors' Wages 46900.00 Fuel 18000.00 Water 3000.00 __. Light and Power 9000. 00 Janitors' Supplies 7000. 00 Telephone 1700.00 Trucking and IPindow Cleaning 3000.00 MAINTENANCE OF PLANT Upkeep of Grounds, Repair of Buildings, Repair of Heaters, Repair of Fruniture, Other Repairs and Replacements 18000.00 Mechanics 3500.00 Supervisor of maintenance 3500.00 14 FIXED CHARGES Insurance 5000.00 Pension Fund 28000.00 Taxes and Assessments 13000.00 DEBT SERVICE Bonds 147500. 00 Interest on Bonds 150083.75 Collection Charges 325.00 - Short Term Interest 1500.00 _ CAPITAL OUTLAY iiew Land and Buildings, Improvements on Buildings and Grounds 7800.00 Nevi Furniture 2500.00 Instructional Apparatus and Other Equipment 3500.00 Library Books 2500. 00 AUXILIARY AGENCIES Salaries, Librarians, Medical In- spector, Nurses, Dentist and Dental Hygienist 13680.00 Library Expense 200.00 Nurses' Supplies, Dental Supplies and Glasses 400.00 Recreation and Athletic Supplies 8500.00 Bus, Milk and Lurches 2500.00 1000194.75 Less Estimated State School Money 150000. 00 850194.75 Less Cash Available from Contingent Fund. 50000.00 Total Budget 800194.75 Ntanaror_eck, New York, April 9, 1936 K. G. Van Sciver, Clerk Board of Education, Union Free School District No. 1, Town of Ivianaroneck, IQ. Y. The Supervisor reported to the Board that he had received from the Board of Education of Scarsdale School District No. 2, a part of which lies in the Town of Mamaroneck, a copy of the budget of the school district, for the ensuing school year. The budget was ordered entered in the minutes as follows: SCHOOL DISTRICT N0 . 2 SCARSDALE Griffin Avenue, Scarsdale, N. Y. Trustees Clerk and Treasurer B. i�:. Seymour Alice J. Kerr Chairman P. 0 . Address W. H. Aldridge Quaker Ridge - Florence E. Dickerman New Rochelle. 1q. Y. BUDGET FOR 1936-37 General Control $730.00 Instruction Service 6400.00 Operation of Plant 1950.00 Jaintenance of Plant 100.00 Auxiliary Agencies 1270.00 Fixed charges 350.00 Debt Service 2100.00 Capital Outlay- Alteration of old building 3053.63 Alteration of heating 200.00 Building equipment 200. 00 Surplus Salaries 4 017.56 -912 147 A letter dated June 10, 1936, was received from the New York, New Haven & Hartford Railroad Company concerning Public Service Commission Case No. 2502 - Chatsworth Avenue, Weaver Street and Rockland Avenue bridges over the tracks of the New York New Haven & Hartford Railroad Company and the New York, Westchester &Boston Railway Company. The letter requested that the Town Board agree to an extension until July 1, 1939, of the time for the reconstruction of the Weaver Street bridge. On motion duly made and seconded it was unanimously RESOLVED, WHEREAS, application has been made by the New York, New Haven and Hartford Railroad Company for an extension of time to reconstruct the Weaver Street bridge across its tracks or right-of-way in the Town of Mamaroneck, which bridge has been ordered reconstructed by the Public Service Commission of the State of New York on or before July let, 1936 by a certain order issued by the Public Service Commission to the New York, New Haven and Hartford Railroad Company; and WHEREAS, this Board is satisfied that the said Weaver Street bridge is now in a safe and otherwise satisfactory condition; NOW, TIEREFORE, BE IT RESOLVED, that under the circumstances stated in the letter to this Board dated June 10, 1936, and signed by Counsel for the New York, New Haven and Hartford Railroad Company, this Board consents to the extension of time to reconstruct said bridge in accordance with the Public Service Commission' s order, until July lst, 1939, subject to the approval by the Department of Public Works of the State of New York and the Public Service Commission of the State of New York. A letter dated June 16, 1936, was received from the Mamaroneck Lions Club inviting the Town_ Board to attend the Fifth Annual Mamaroneck Community Luncheon to be held on July 1, 1936, at which plans would be laid for a suitable observance of the 275th Anniversary of the founding of Mamaroneck. The Board accepted the 'invitation with thanks and the Supervisor urged all members who could do so to be present . The Clerk inquired. as to the Board' s wishes in respect to fire insurance on the contents of the Town Offices, stating that if a full value were placed on the records in the offices, the fire insurance premium would be very much greater than if the contents of the offices were appraised at merely the actual value of the furniture. The Board decided not to place the full value on the records but only on the furniture. A letter dated June 5, 19361 was received from Ethel Hirshman owner of property in the Town of Mamaroneck, concerning her previous request for `some relief" on the interest and penalties on back taxes owed by her. The letter was ordered. filed. The Town Attorney recommended that the -resolution adopted by the Board at its meeting on Iaiay 6, 1936, providing for the submission of five proposed amendments or changes to the zoning ordinance or regulations of the Town of Mamaroneck at a public hearing to be held on June 3, 1936, be rescinded (the Board at its meeting on May 20, 1936, having previously rescinded that portion of said resolution setting the date for such hearing) and that another resolution be substituted therefor. He stated that further examination of the five proposed amendments revealed that it would be possible and advisable to eliminate three of them and that it would be desirable to retain the other two in modified form. He submitted a resolution to that effect, which was unanimously approved as follows: RESOLVED that the resolution adopted by this Board at its meeting on May 6, 1936, proposing five amendments or changes to the zoning ordinance or regulations of f ,* the Town of Mamaroneck be and it hereby is entirely rescinded (part of said resolution having been previously rescinded by this Board at its meeting on May 20, 1936) ; and be it FURTHER RESOLVED that the two proposed changes or amendments which it is now desired to retain be as follows: 1® To amend or change the said zoning ordinance or regulations so as to re-zone the following described property, to wit: ALL that part or portion of the Town of Mamaroneck bounded on the ':'Vest by the Easterly line of Weaver Street; on the North by the Southerly line of the right-of-way of the New York, New Haven and Hartford Railroad; on the East by the lAlesterly boundary line of the Village of I:4amaroneck and on the South by the Northerly line of Palmer Avenue; so that the same will consist of the following three parcels and use districts, to wit: Class A Use District (residential) ALL that portion of the Town of Mamaroneck bounded and described as follows: BEGINNING at the point of intersection of the northerly line of Palmer Avenue with the easterly line of 'Weaver Street, running thence easterly along said northerly line of Palmer Avenue to its point of intersection with the westerly boundary line of the Village of Mamaroneck, thence northwesterly along said boundary line to a point thereon which is 100 feet northerly from said northerly line of Palmer Avenue as measured at right angles thereto, thence westerly by a line 100 feet northerly from and parallel with the northerly line of Palmer Avenue to the easterly line of Blossom Heath Sub- division as shown on Map of Blossom Heath filed in the office of the Register of Westchester County as Map Nom 25-759 thence northwesterly along the said line to the southeasterly corner of said Blossom Heath Subdivision, thence westerly along the southerly line of said subdivision and the said southerly line of said subdivision extended westerly to the easterly line of Merritt Street thence southerly along the easterly line of ➢4erritt Street to a point. thereon 100 feet northerly from the northerly line of Palmer Avenue measured at right angles thereto , thence westerly by a line 100 feet northerly from and parallel with the northerly line of Palmer Avenue to the easterly line of 'Heaver Street, thence southerly along said easterly line of 'Weaver Street to the point or place of BEGINNING, excluding the road bed or right- of-way of Merritt Street as shown on the Map of Blossom Heath filed in the office of the Register of lNestchester County as Idap No® 25-75. PARCEL II BEGINNING at the point of intersection of the southerly line of the right-of-way of the New York, New Haven & Hartford Railroad and the easterly line of GVeaver Street, running thence easterly along said right-of-way a distance of 205® 27 feet to the easterly line of property now or formerly of Caleb Ireland as recorded in L;ber 1289, Page 143, in the Office of the Register of Westchester County, running thence � t southeasterly along the westerly line of said Caleb Ireland property and property now or formerly of Rose Goldman as recorded in Liter 2854, Page 306, in the office of the Register of West- chester County to a point thereon 100 feet northerly from the northerly line of Palmer Avenue, running thence westerly by a line 100 feet northerly from and parallel with the northerly line of Palmer Avenue to the easterly line of 0eaver Street, thence nor- therly along said easterly line of Weaver- Street to the point or place of BEGINNING. Class D (Industrial) ALL that part or portion of the Town of Mamaroneck bounded and described as follows: BEGINNING at a point in the southerly line of the right-of-way of the New York, New Haven & Hartford Railroad where said line is intersected by the easterly line of property now or formerly of Caleb Ireland as recorded in Liber 1289, Page 143, in the Office of the Register of West- chester County, which point is also 205.27 feet easterly from the easterly line of Weaver Street, running thence southeasterly along the easterly line of said Caleb Ireland property and property now or formerly of Rose Goldman as recorded in Liber• 2854, Page 306, in the Office of the Register of Westchester County, to a point thereon 100 feet northerly from the northerly line of Palmer Avenue, running thence easterly by a line 100 feet northerly from and parallel with the northerly line of Palmer Avenue to the easterly line of Merritt Street, thence northerly along said easterly line of Merritt Street to a point where the said easterly line of Merritt Street would be intersected by the southerly boundary line of Blossom Heath Subdivision, if extended westerly, thence easterly along the extension of the southerly line of Blossom Heath Subdivision and along the southerly line of said Blossom Heath Subdivision, to the easterly line of said Blossom Heath Subdivision,., thence south- easterly along the easterly line of said Blossom Heath Subdivision to a point 100 feet northerly from the northerly line of Palmer Avenue measured at right angles thereto, thence easterly by a line 100 feet northerly from and parallel with the northerly* line of Palmer Avenue to a point on the westerly boundary line of the Village of Mamamroneck which point is 100 feet northerly from the northerly line of Palmer Avenue measured at right angles thereto, thence northerly along said westerly boundary line of the Village of PvTamaroneck to the southerly line of the right-of-way of the New York, New Haven & Hartford Railroad, thence westerly along the southerly right-of-way line of the New York, New Haven & Hartford Railroad to the point or place of BEGINNING, excluding therefrom the road bed or right- of-way of Merritt Street and Blossom Terrace as shown on the Map of Blossom Heath filed in the office of the Register of Westchester County as Map Nom 25-75® The above changes or amendments to Use Districts to supersede all other amendments or changes to the zoning ordinance or regulations heretofore made affecting the entire area described above. (2) To amend or change the zoning ordinance or regulations so as to change the following property from "Class F Use District" (unclassified) and "Class B Use District" (residential) to"Class C Use District" (businesf : ALL that plot or parcel of land 200w x 100 lying between the southerly line of 'Washington Street the easterly line of I1adison Avenue (formerly known as Monroe Avenue) , the northerly line of Myrtle Boulevard (formerly known as Myrtle Avenue) and a line drawn parallel to and 100 feet easterly from the easterly line of "Madison Avenue (formerly= known as Monroe Avenue ) ; and be it FURTHER RESOLVED, that a public hearing be held on the above proposed changes or amendments to the zoning ordinance or regulations pursuant to the provisions of Article 16 of the Town Law; and be it FURTHER RESOLVED, that such hearing be held on the 15th day of July, 1936, at 8 P. M. at the Town Offices, 158 West Boston Post Road, Mamaroneck, and that notice of such hearing be published in The Daily Times, a daily newspaper published and having a general circu- lation in the Village and Town of Mamaroneck, on or before June 30, 1936; and be it FURTHER RESOLVED, that the Town Clerk and the Town Attorney be and they hereby* are directed to prepare such notice and publish the same in accordance with this resolution. The Supervisor inquired if the Board desired to follow the custom which prevailed in previous years and to hold but one regular meeting in each month in July and August . On motion duly made and seconded it was unanimously RESOLVED that only one regular meeting be held each month in July and August and that the next regular meeting be held on Wednesday, July 15, 1936. A letter dated June 11, 1936, was received from Raymond Harris.. 16 Plymouth Road, Larchmont, requesting permission to pay the tax of, 1900, sale of 1901, on Section 4, Block 32, Lot 8, the lien on which is held by the Town, in the face amount of the lien without interest . The Town Attorney stated that he had examined the request and approved of it in accordance with the action heretofore taken by the Board in other and similar cases. On motion duly made and seconded it was unanimously RESOLVED, that the Receiver of Taxes and Assessments be and he hereby is authorized to accept from Raymond Harris, owner of property known as Section 4, Block 32, Lot 8, the face amount of the lien held by the Torn on the above property, representing the tax of 1900, sale of 1901, in the face amount thereof, namely, 01 . 70, without interest, provided payment be made within thirty days. A letter dated June 11, 1936, was .received. from Miss L. E. Ravens- croft, concerning property in the Town of Mamaroneck reported by her to be owned by the Sullwin heirs. The matter was referred to the Town Attorney. At 10®45 P. H. the Board unanimously resolved to adjourn® / i�iLvs� —' Town Clerk_