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HomeMy WebLinkAbout1937_01_06 Town Board Minutes REGULAR MEETING OF THE TOWN BOARD OF THE TG4N OF MAMARONECK, NEW YORK HELD JANUARY 6, 1937 At the Town Offices, 158 West Boston Post Road, I'Jiamaroneck, N. Y. The meeting was called to order by Supervisor IATcCulloch at 8: 15 P. -M. Present: Supervisor McCulloch Councilmen Bates, Brennan, Griffin, Meginniss The presence was also noted of Town Clerk Marvin, Town Attorney Delius, Mayor Edward F. Watson and Trustee Arthur H. Loucks of the Village of Larchmont. The Board at once went into executive session and discussed with Mayor Watson and Trustee Loucks the matter of a site for a pro- posed joint garbage incinerator. At the conclusion of the executive session the regular order of business was resumed. The minutes of the meetings of December 8 (two meetings) , December 16 and December 28, 1936, were approved as printed. The Board took up the letter of Fire Chief LeVino dated December 12, 19365 which was laid over at the meeting on December 16, 1936. Fire Chief LeVino addressed the Board concerning the request of the Fire Council as contained in the above letter that the Board appoint certain members of the Fire Department as fire policemen, in accordance with the provisions of Chapter 821 of the Laws of 1936. Police Chief Yerick addressed the Board. He stated that it would be helpful to the Police Department to have such fire policemen to regulate traffic and perform other duties on the occasion of a fire. Fire Chief LeVino declared that the fire policemen would carry out the desires of the Police Department while engaged in per- forming their duties. On motion by Mr. Brennan, seconded by Mr. Bates, it was unanimously RESOLVED, that the following members of the Fire Department of the Town of Mamaroneck be and they hereby are appointed fire policemen, in accordance with the provisions of Chapter 821 of the Laws of 1936: Joseph W. Sweeney Otto Gantner Earl Mellor Arthur 11. Brown John C. Forrar Charles Guadagnola Vito Marrara George W. McElroy William C. Lindale David T. Schier Frank Butler Nicholas Mazzeo Fire Chief LeVino suggested that the Town Board require the approval of the Fire Department in respect to any matters affecting fire protection: included in any building plans for apartment houses filed with the Building Inspector. The Supervisor requested the Fire Chief to submit a written memorandum on this matter. Mr. Brennan reported on the request of Mr. John Daly to move the small real estate office to the southeasterly corner of Boston Post Road and Hommocks Road, which matter had been referred to him and Town Engineer Foote at the meeting on December 16, 1936. He said that he saw no objection to granting such permission. On motion by Mr. Bates, seconded by Mr. Griffin, it was unanimously RESOLVED, that permission is hereby granted to Burton C. Meighan, Jr. as : substituted trustee under the Last Will and Testament of William T. Wood, deceased, owner of property located at the southeasterly corner of the Boston Post Road and Iiommocks Road to use said property as a site for a real estate office; and be it FURTHER RESOLVED, that permission is hereby granted to John B. Daly to move the small real estate office from its present location on the southerly side of the Boston Post Road a distance of about 150 feet to the location above mentioned; and be it FURTHER RESOLVED, that the moving of this office by Mr. Daly be at his own risk and expense and that the Town of Mamaroneck be held free and harmless of any liability in connection therewith. Mr. Brennan reported on the matter of certain street lights, which matter had been referred to him at the previous meeting. On motion by Mr. Bates, seconded by Pair. Griffin, it was upon roll call unanimously RESOLVED, that the Westchester Lighting Company be and it hereby is authorized to remove and install certain street lights and to charge the Town of Mamaroneck the contract price therefor, as follows: (1) Install one (1) 100 candle-power light on Pole No. 6 located on Stratford Road about 30 feet east of Rebeau Drive. (2) Remove four (4) 100 candle-power lights now located on the northerly side of Boston Post Road between the New Rochelle city line and Winans Street and substitute therefor ten (10) 250 candle-power lights with new type shade along the same portion of the Boston Post Road. (3) Remove the existing 100 candle-power street lights at the intersection of Palmer Avenue and Carleon Avenue and at the intersection of Palmer Avenue and Hawthorne Road and substitute therefor one (1) 400 candle-power drop light at each intersection. Mr. Brennan reported that he had inspected the street lights around the Larchmont Gardens Lake and found them generally satisfactory. Mr. Bates reported progress in respect to various drain matters heretofore referred to him. Mr. Griffin reported on welfare matters and presented the annual report of the Welfare Department for the year 1936 and also the report of the Welfare Department for the month of December, 1936. The monthly report was ordered filed and the annual report was ordered laid over for consideration at the next meeting. The Supervisor reported that it had been brought to the attention of the Town by Mr. Howell C. Perrin, representing the Estate' of Cecilia Howell, that the roadbed of Neaver Street as laid out by the engineers of the State Highway Department at the time of the improve- ment of said highway in 1928-1929 trespassed on certain property owned by said estate; that a survey of the property which is located at the intersection of Howell Avenue and ''Weaver Street as made by Town Engineer Foote verified the existence of this trespass and that it would be in order for the Town to rectify the situation by purchasing from the estate that portion of the estate' s property located in the bed of the street. He said that the total area involved amounted to 54. 57 sq. ft. and that the Howell Estate asks for payment at the rate of $1.00 per square foot. On motion by Mr. Griffin, seconded by Mr. Brennan, it was upon roll call unanimously RESOLVED, WHEREAS, the roadbed of Weaver Street as above described trespasses on property owned by the Estate of .Cecilia Howell; and lilTHEREAS, the Estate of Cecilia Howell offers to sell to the Town at the price of $1.00 per square foot the amount of land involved in said trespass, namely, 54.57 sq. ft. ; NOW, THEREFORE, BE IT RESOLVED, that the Town purchase said land from the Estate of Jecilia Howell at the price asked, namely, $1.00 per square foot , said land being described as follows: Being all of that lot, plot, or parcel of land lying, being and situated on the Westerly side of Weaver Street and the Southerly side of Howell Avenue in the Town of Mamaroneck known by and as the Northeasterly corner of the Howell Estate, and also as Parcel 4B t on Map to accompany this description entitled "Map of Proposed Land Taking" at the inter- section of Weaver Street and Howell Avenue in the Town of Mamaroneck, dated December, 1936; said lot, plot or parcel of land being more particularly bounded and described as follows: BEGINNING at a point on the westerly boundary of the existing Weaver Street Highway, said point being 24.09 feet distant Westerly measured at right angles from Station 12 .1.58.18 of the State base line as shown on Map No. 1. County Highway No. 1645, thence running along land taken for Weaver Street as shown on said Map and pro- perty of Howell Homestead S. 430-13' -00P' W. 7. 60 feet to a point on the back edge of the existing curb; thence along the back edge of the existing curb and through lands now or formerly Howell Homestead on a curve deflecting to the left having a radius of 484.5 feet a distance of 11.685 feet along the arc to a point on the Southerly side of Howell Avenue; thence along the Southerly side df Howell Avenue on a curve deflecting to the right having a radius of 20.0 feet a distance of 13.689 feet along the are to the point or place of beginning. and be it FURTHER RESOLVED, that funds for this purchase be obtained from surplus revenues not otherwise appropriated. The Town Attorney stated that he had conferred with re- presentatives of the Village of Larchmont concerning the action brought by the Village in the Supreme Court of Westchester County entitled "The Village of Larchmont, John "W. Hooley, et al, vs. Town of Mamaro- neck, Bert McCulloch as Supervisor, et al, to restrain the raising of taxes against all taxable property in the Town of Mamaroneck, et cetera. " He said that the Village had decided to waive its right to appeal to the Court of Appeals from the judgment of the Appellate Division of the Supreme Court, Second Department, which judgment was in favor of the Town, provided the Town Board adopt a resolution substantially in the form prepared by the Town Attorney. This resolution would provide, he said, that the Town Board hereafter will in sponsoring further W. P. A. projects apportion the appropriation for funds for materials, supplies and equipment between the Town outside of the villages and the villages, so that each area shall obtain as nearly as possible an equitable appro- priation of such funds according to the ratio which the assessed valua- tion of each area bears respectively to the total assessed valuation of the Town and would provide further that an Advisory Board be set up to consist of one representative from each of the three areas, said Board to review all proposed projects and all incomplete and unopened projects. The Town Attorney presented a copy of the resolution adopted by the Board. of Trustees of the Village of Larchmont at its meeting on January 4, 1937, covering the ground above set forth. Mr. Meginniss stated that he approved of the equity of the plan and desired it so recorded in the minutes, because he was shortly leaving for Florida and might not have an opportunity to vote on the matter. The Supervisor stated that it would be in order for the Town first to contact the Village of Mamaroneck to ascertain if said Village favored the setting up of an Advisory Board as set forth above before taking formal action thereon. Town Attorney Delius reported on the letter of the Bank Clerks' Co-operative Building and Loan Association of New York, dated December 1, 1936, concerning certain taxes, which had been referred to him at the meeting on December 2, 1936. On motion by Mr. Meginniss, seconded by Mr. Bates, it was upon roll call unanimously RESOLVED, 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 the taxes for the year 1914-1915 and 1916, sales of 1916 and 1917 respectively, the liens for which are owned by the Town, on property described as Section 4, Block 27, Lots 1B and 2B without interest, provided payment be made within thirty days. Town Attorney Delius stated that the Trustees of the Larchmont Free Library had conferred with him concerning the matter of increasing the Town' s appropriation for the support of the library in accordance with the provisions of the Education Law, said increase being based on the increased use made of the library by residents of the unincorporated section compared with the use thereof made by the -residents of the Village of Larchmont He stated that whereas the Town for the year 1936 contributed $3,500 to the support of the library, the equitable amount which the Town should pay in 1937 would be $4,590 based upon the use of the library as above stated. He presented a contract between the Town and the library embodying an annual appropriation of $4,590 and recommended its approval. On motion by Mr. Bates, seconded by Mr. Brennan, it was upon roll call unanimously RESOLVED, that the proposed contract between the Town. of Mamaroneck and the Larchmont Free Library as sub- mitted by the Town Attorney be and it hereby is ap- proved; and be it FURTHER RESOLVED, that the Supervisor be and he hereby is authorized to execute the same on behalf of the Town. A letter was received from the Board of Trustees of the Westchester Joint Water Works, ITo. 1, submitting to the Town Board, pursuant to a provision of Chapter 654 of the Laws of 1927, as amended, a report entitled "Plan, estimate and data pertaining to the enlarging, extending and otherwise irproving the Joint Water Works owned and Operated by the Westchester Joint Water 'Works, No. 1, by the necessary construction to obtain an Auxiliary and Additional Source of Supply". The matter was referred to the Town Attorney. The report of the Building Inspector for the month of December, 1936, was received and filed. The report of the Building Inspector for the year 1936 was received and filed. The report of the Town Clerk for the month of December, 1936, was received and filed. An estimate dated December 31, 1936, was received from the Westchester Joint Water Works, No. 1 in the amount of x$989. 74 of the cost of installing 350 feet of 6-inch main on Stratford Road from Oak- dale Road to Rebeau Drive. The estimate showed no estimated revenues but the Supervisor stated that he had been informed by Mr. Moody, the developer of property in that section, that the estimated annual revenues would amount to about 4$100.00. On motion by Mr. Bates, seconded by lair. Griffin, it was unanimously RESOLVED, WHEREAS an estimate dated December 31, 19360 in the amount of 989. 74 has been received from the Westchester Joint Water Works, No. 1 of the cost of the installation of 350 feet of 6-inch cast iron pipe on Stratford Road from Oakdale Road to Rebeau Drive; NOW, THEREFORE, BE IT RESOLVED, that the Nestchester Joint Water Works, No. 1 be and it hereby is authorized, empowered and directed to install for the Town of Mamaroneck and to charge to the Town of Mamaroneck the actual cost thereof as ascertained and approved by the Board of Trustees of the Westchester Joint Water Works, No. 1 the water main above described. Town Attorney Delius informed the Board that the Leone zoning suit had gone to trial that day and that the Town was again reo_uested to waive the costs of approximately $500 arising out of the appeal taken in the previous zoning case. After discussion the Town Board stated to the Town Attorney that it could see no reason for waiving these costs. At 10: 50 P. M. the Board unanimously resolved to adjourn.