HomeMy WebLinkAbout1936_12_16 Town Board Minutes REGULAR MEETING OF THE TOINK BOARD
TOVVN OF MAMARONECK, N. Y.
HELD DECEMBER 16, 1936
At the Town Offices, 158 West Boston Post Road, Mamaroneck, N. Y.
8: 20 P. M.
The meeting was called to order by Supervisor McCulloch at
Present: Supervisor McCulloch
Councilmen Bates, Brennan, Griffin, P%Ieginniss
The presence was also noted of Torun Clerk Marvin, Town
Attorney Delius and Town Engineer Foote.
The regular order of business was suspended in order to
hear those persons who desired to address the Board.
Mr. John B. Daly addressed the Board to present a letter
dated December 16, 1936, from Burton C . Meighan, Jr. as substituted
trustee for the Estate of William T. Wood, asking permission to
locate a real estate office on property owned by said estate located
at the intersection of the southerly side of the Boston Post Road
and the easterly side of Hommocks Road. The matter was referred to
Mr. Brennan and Town Engineer Foote.
The Supervisor announced that in view of the presence of a
number of persons who were interested in the re-zoning application
of I:'Ir•. Morris H. Petigor, which matter was the subject of a public
hearing on December 8, 1936, the Board would now consider this appli-
cation, decision on which had been reserved on December S. 1936. The
Clerk read the supplement to the original petition of Mr. Petigor,
which supplement dated December 7, 1936, was presented to the Board
at the hearing on December 8, 1936.
The Supervisor asked P,'Ir. Orson Raynor, a member of the Board
of Appeals (for Zoning) if he had any comments to make. Mr. Raynor
replied that the Town Board has no power to grant conditional re-zoning
and that if :sir. Petigor' s property is re-zoned as Class B property,
any type of apartment house which conforms with the present require-
ments of the zoning ordinance in 'respect to such Class B property must
of necessity be permitted by the Town.
II?r. Gagliardi assured the Board of P+1r. Petigor' s intention
to build the apartments as shown on the plans.
The Supervisor suggested. that the Town Board amend the zoning
ordinance so as to establish a new type of Use District to be known as
"B-2" so as to provide specifically for 1°garden-type apartments" of
the kind proposed by Mr. Petigor. After discussion the Board unani-
mously agreed that the Supervisor' s suggestion was the correct solution
to the problem and directed the Town Attorney to consult with the Board
of Appeals (for Zoning) and to prepare the necessary resolution to
establish such a new type of Use District.
Mr. J. Harold King, Chairman of the Board. of Police Com-
missioners, suggested that attention be given to the matter of the
nunber of entrances and exits to the proposed building, in order
to reduce:- the opportunities for burglaries.
Mr. Gagliardi on behalf of Mr. Petigor stated that the
architects for Mr. Petigor would discuss this matter with Mr. King.
The Supervisor laid before the Bo the situation faced
by the Westchester Joint Water Works, No. l�w ich the Town of
11amaroneck is a part, concerning the difficulty of obtaining an
adequate supply of drinking water. He said that after prolonged
engineering studies and careful consideration, the Water Board had
decided that the solution lay in constructing a 24" main from Rye
Lake which is a part of the Kensico Reservoir of the New York City
water supply system, to connect with the Westchester Joint ,Hater
Works, No. 1 Distribution System at the intersection of North Street
and Polly Park Road. Under the present plan of pumping water from
Rye Lake into Mamaroneck River whence it flows to the Water Works
plan on Mamaroneck Avenue, he said, there is a loss by seepage and
evaporation of from one-half to one-third of the water thus obtained.
The Water Works must also bear the cost of purifying this water once
it reaches the plant, he added.
The Water Works has recently been notified by the Public
Works Administration (W. P. A. ) , the Supervisor said, that its appli-
cation for a grant and loan to construct this new main has been ap-
-- proved, the grant to be 45 per cent of the estimated cost of construc-
tion and the loan to be 55 per cent. The share of the Town of Mama-
roneck would be about 31 per cent of the proposed loan or approxi-
mately $64,000.
7,tr. William E. Thrasher, General Superintendent of the
Westchester Joint Water Works, No. 1, addressed the Board and read
a report prepared by him entitled "Report of the Costs of Proposed
Auxiliary Supply of the Westchester Joint Water Works, No. 1. 14 This
report set forth the need for the new main and the financial set-up
involved.
The Supervisor stated that it was estimated that no increase
in water rates in the Town would be required by reason of the con-
struction of this main. He thanked tr. Thrasher for explaining the
matter to the Town Board.
The Board took the matter of the water main under advisement .
Mr. Brennan reported on highway matters. He said that he
and Town Engineer Foote had investigated the application of the
residents of Woody Lane to have the Town take over that street and
that the sum of about $50.00 was required to put the highway in good
condition.
The Board agreed to accept the offer of dedication to Woody
Lane and directed the Town Attorney to prepare the necessary resolution.
Mr. Brennan reported progress on the matter of improving
the street lighting at the intersection of Palmer Avenue and Carleon
Avenue and also the matter of installing street lights on Boston Post
Road between Dillon Road and Lorenzen Street .
Mr. Bates and Town Engineer Foote reported on several drain
matters. The Town Engineer was directed to confer again with Vir. Knud
Engelsted concerning a drain through his property on Rockland Avenue.
The following resolution was offered by Councilman Itieginniss
and seconded by Councilman Brennan, to-wit:
WHEREAS pursuant to the resolution adopted by the
Town Board on June 17, 1936, there has been issued
and is now outstanding a Temporary Certificate of
Indebtedness for $15,000 of the Town of Mamaroneck,
New York, dated June 17, 1936, and maturing on
December 17, 1936, issued for the purpose of temporarily
financing the cost of materials, supplies and equipment
for a public works project undertaken through the work
relief authorities of the State and Federal Government;
and
WHEREAS, it is desirable to renew said Certificate of
Indebtedness pending the issuance and sale of the bonds
authorized by said resolution of June 17, 1936, and the
holder of said Certificate of Indebtedness is willing to
renew the same until March 17, 1937, at a rate of interest
of one (1) per centum per annum;
6D57 8B
6B, 5B $10, 500
BA, 5C
6C, 4C
11A,12
13A
12,500
1935
cottage
25500 13, 000
cottage
2,500 153000
Flint cottage
15, 000 8,000 23,000
13B,14 Hotel
15, 9 27, 500 35, 000 62,500
M
$12,500 - 123500 500
14, 375 - 145375 625
153000 8,000 23, 000
155780 - 153780 463720
FURTHER RESOLVED that the Town Attorney is authorized
to stipulate for the re-settlement of the order
heretofore entered in accordance with the reductions
as granted in this resolution: and
FURTHER RESOLVED that reimbursement be made to the
relators by the Town of Mamaroneck of amounts of
any excess of taxes the relators have paid for the
years 1934, 1935 and 1936 by reason of such reduc-
tion in the assessed valuation upon the following
parcels: Section 7, Block 79, Lots 6D, 71 8B, 53,
6B; Section 7, Block 79, Lots 8A, 5C, 6C and 40;
Section 7, Block 79, Lots 11A, 12 and 13A.
The Town Attorney stated that the Board at its meeting on
November 18, 1936, had set the date of January 12, 1937, for a public
hearing on certain new ordinances and had directed that notice of said
hearing be published in the local press on December 17, 1936. It now
appears to be impossible, he said,to obtain from the printer copies of
the proposed new ordinances in time to have them ready for public dis-
tribution on December 17, 1936, as called for in the public notice. He
therefore suggested that these notices be published on December 31, 1936,
instead of December 17, 1936. This change in date, he explained., would
still come within the ten day period for giving notices as required by
lave ,
On motion by I+ir. Bates, seconded by Mr. Brennan, it was
unanimously
RESOLVED that the resolution adopted by this Board
at its meeting on November 18, 1936, providing for
the publication of notices on December 17, 19361
as above set forth, be and it hereby is amended so
as to provide that said notices be published on
December 31, 1936 .
A petition dated December 8, 1936, was received from Assessor
Smith for the correction of the assessment roll so as to permit the
apportionment of certain taxes. The Town Attorney recommended approval
of the petition.
On motion by 1:1r. Meginniss, seconded by , r. Griffin, it
was unanimously
RESOLVED, 'WHEREAS the Assessor has presented a
petition dated December 8, 1936, for the correction
of the assessment roll for the year 1936, tax of
1937, 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 1936,
tax of 1937, which shows property now appearing on
the roll as follows:
Section Block Lot Owner Land Improvement Total
4 39 lC-1F Larchmont National Bank, $7300 $9500 $16,800
Receiver of
be corrected as follows, in accordance with
Subdivision 5 of said Section 33-
Section Block Lot Owner Land Improvment Total
4 39 1C Larch-Pont National Bank, $4500 $9200 $135700
Receiver of
4 39 1F Irwin Sitter 2800 300 3, 100
The Town Attorney reported that he had conferred with re-
presentatives of the Village of Larchmont concerning tax arrears on
five parcels of land owned by the Village, which taxes were in arrears
when the Village took title to the properties. He reported that he had
received a letter from the Village requesting the .remission of certain
of these taxes. The matter was referred to the Supervisor to reply to
the Village.
A petition dated December 15, 1936, was received from Charles
Heffner, representing the owner of Lots 15 and 16, Block 50, Section 1,
requesting permission to pay taxes for the years 1914 and 1915 on these
lots without interest.
On motion by Mr. Bates, seconded by 7r. Griffin, it was
unanimously
RESOLED that in view of the action taken by the
Town Board in other and similar cases, the Receiver
of Taxes and Assessments be and he hereby is
authorized to accept payment of taxes for the
years 1914 and 1915, sales of 1916 and 1917, the
liens for which are owned by the Town on property
known as Section 1, Block 50, Lots 15 and 16,
without interest, provided payment be made within
thirty days.
The Town Attorney read an affidavit of Vito Barbieri,
Administrator of the Estate of Domenico Barbieri, verified
November 16, 1936, stating that he was unable to locate two original
tax liens covering Section 8, Block 87, Lot 28, as follows-
1917 Town and School Taxes 'sold. 1918 to D. Barbieri
1918 Town and School Taxes sold 1919 to D. Barbieri
and that these tax liens have not been assigned and are fully satis-
fied. The Town Attorney recommended that duplicate liens be issued
and the same surrendered in order that the liens may be cancelled on
the books of the Receiver of Taxes and Assessments.
The Town Attorney said that similar application had been
made to the Board at its meetin g on September 1 9 1936 9 O concerninp�
tax liens in respect to an adjoining lot . , namely, Lot 27 of Block 87,
Section 8, and that the Board at that time had granted Mr. Barbieri-Is
request.
On motion by Mr. Brennan, seconded by Mr. Bates, it was
unanimously
RESOLVED that the Supervisor be and he hereby is
authorized to issue duplicate liens for the above
described tax liens; and be it
FURTHER RESOLVED that these liens be surrendered to
the Receiver of Taxes and Assessments and the same
cancelled on his books.
The Town Attorney laid before the Board an application
dated May 12, 19345 signed by Bernard LeVino and Laura LeVino, his
wife, requesting that the Town discontinue a portion of the old
highway known as Weaver Street, The application stated that it "is
made for the purpose of straightening the line of l°leaver Street and
on the grounds that the said portion of highway had been abandoned
and has become useless since it was laid out. " The Town Attorney
explained that the portion of the highway referred to lies between
property owned by Mr. and lairs. LeVino on 'Weaver Street and the westerly
street line of Weaver Street. He said that since the Town has no use
for the land., he recommended that it be abandoned and that the Town
give Mr. LeVino a deed to the property, the total area of the parcel
in question being but a few square feet.
The Town Attorney likewise laid before the Board a release
signed by Mr. and furs. LeVino, consenting to the abandonment and
releasing the Town from any and all damages by reason thereof.
The Town Attorney stated that the correct procedure,
pursuant to Sections 171 and 172 of the General Highway Law, would
be for the Board to execute a consent that the Superintendent of
Highways make an order discontinuing the portion of Weaver Street
referred to and authorize the Supervisor to execute on behalf of the
Town a deed conveying the property to iir, and Mrs. LeVino .
The Board thereupon signed the consent and the Superin-
tendent of Highways signed the order of discontinuance.
On motion duly made and seconded it was unanimously
RESOLVED that the Supervisor be and he hereby is
authorized, empowered and directed to execute a
deed conveying to Bernard LeVino and Laura LeVino,
his wife, that portion of iNeaver Street as described
in the petition of airs and Mrs . LeVino above referred
to.
The Town Attorney reported that he had received a letter
dated December 1, 1936, from the Receiver of Taxes and Assessments
concerning tax arrears on property, known as Section 1 , Block 55,
Lots 1B to 4B inclusive, and Lots 9, 10 and 11A, the owner of record
of these properties being Mr. Tdorma.n IucGlashan. After discussion the
matter was laid on the table.
A letter. dated December 15, 1936, was received from Joseph
Shapiro, 43 Bonnie Briar Lane, requesting that additional street
lights be installed on Bonnie Briar Lane. The matter was referred to
Mr. Brennan.
A letter dated December 8, 1936, was received from Fire
Chief LeVino, recommending for appointment as firemen certain duly
elected members of the Town of Mamaroneck Fire Department; the
appointment as emergency driver of IVilliam V. McCarthy, Jr. and, in
accordance with the provisions of Chapter 821 of the Laws of 19365
the appointment of certain members of the Department as fire police-
men.
On motion by Mr. Brennan, seconded by ➢ir. Griffin, it was
unanimously
RESOLVED that upon recommendation of the Fire Chief
the following duly elected members of the Town of
Mamaroneck Fire Department are hereby appointed
firemen:
Frank Butler Jack Leddy
Louis J. Preston Howard E. -Webler, Jr.
Alfred J. Moll
and be it
FURTHER RESOLVED that on the recommendation of the
Fire Chief, William V. McCarthy, Jr, is hereby
appointed an emergency driver of the Town of
Mamaroneck Fire Department; and be it
FURTHER RESOLVED that the matter. of appointing fire
policemen be laid over.
The Town Clerk called to the attention of the Board the
fact that the term of office of Mr. Meginniss as the Town Board' s
representative on the Board of Trustees of the Police Pension Fund
expires on December 31, 1936, and that the term of office of Iz1r. Frank
A Downes as a member of the Board of Park Commissioners of Park_ District
No. 1 of the Town of Mamaroneck also expires on December 31, 1936.
On motion duly made and seconded it was unanimously
RESOLVED that Town Councilman Edward B. Mleginniss
be and he hereby is appointed a member of the
Board of Trustees of the Police Pension Fund to
succeed himself for the term of office beginning
January 1, 1937 and expiring December 31, 1937.
On motion duly made and seconded it was unanimously
RESOLVED that Frank A. Downes be and he hereby is
appointed a member of the Board of Park Commissioners
of Park District No. 1 of the Town of Mamaroneck
to succeed himself for the term of office beginning
January 1, 1937 and expiring December 31, 1939.
A letter dated December 9, 1936, was received from Plir. William
Preston Palmer, a for=mer member of the Police Commission of the Town of
?4amaroneck, thanking the Town Board for the resolution which it passed
at its meeting on December 2, 1936, commending him for his services as
a Police Commissioner. The letter was ordered filed.
The Town Board thereupon went into executive session to
discuss the matter of the certiorari action brought by the Wach Realty
Corporation in reference to the assessment for the year 1936 upon pro-
perty owned by said corporation known as Section 9, Block 92, Lot 7.
At the conclusion of the executive session the regular order of busi-
ness was resumed.
The Town Attorney recommended that the certiorari action
brought by the Wach Realty Corporation be settled and discontinued.
He stated that the Town Assessor concurred in this recommendation.
On motion by Mr. Bates, seconded by Mr. Brennan, it was
unanimously
RESOLVED, WHEREAS, Wach Realty Corporation obtained
a writ of certiorari from the Supreme Court of illest-
chester County on the 23rd day of September, 1936,
to review the assessment for the year 1936 upon
property owned by it known as Section 9, Block 92,
Lot 7; and
WHEREAS, a return to said writ was duly filed on
November 16, 1936 and no further proceedings have
been taken; and
WHEREAS, the Town Attorney* and the Assessor recommend
to this Board that the proceeding be settled and dis-
continued upon -reduction of the assessment to $35, 000;
NONV T=REFORE, BE IT
RESOLVED, that the assessment for the year 1936
upon property known as Section 9, Block 92, Lot 7,
assessed for $50, 000 for the year 1936 be reduced
to $35, 000 provided the certiorari proceedings now
pending be discontinued.
At 12 midnight the Board unanimously resolved to adjourn.
Town Clerk