HomeMy WebLinkAbout1937_01_20 Town Board Minutes 3 a
PUBLIC HEARING BY AND BEFORE THE T0WN BOARD
AND A
REGULAR MEETING OF THE TOWN BOARD, TOVIN OF MAMARONECK, N. Y.
HELD JANUARY 20, 1937
At the Town Offices, 158 lNest Boston Post Road, Mamaroneck, N. Y.
The meeting was called to order by Supervisor McCulloch
at 8:20 P. PSI.
Present : Supervisor McCulloch
Councilmen Bates, Brennan, Griffin
Absent: Councilman P=Zeginniss
The presence was also noted of Town Clerk Marvin, Town
Attorney Delius, Comptroller Luceno and Assessor Smith.
Mr. Brennan reported on highway matters. IIe stated that
certain additional street signs are being obtained.
Mr. Brennan reported on the request of Carmine TTortorella
for a street light at the intersection of Myrtle Boulevard and Baldwin
Avenue, which matter had been referred to him at the previous meeting.
He stated that there was a light across the street and that the Town
would whitewash the curbs at the intersection referred to.
He presented a letter dated January 18, 1937, addressed to
him by Chairman King of the Board of Police Commissioners, together
with a report by J: A. Brady, County Assistant Engineer of the State
Highway Department, all in reference to a request for a traffic light
at Dean Place and the Boston Post Road, which matter had been referred
to the Police Commission at the meeting of the Town Board held on
November 18, 1936. Mr. Brady' s report stated that the State Highway
Department ruled that the traffic at this intersection does not
warrant a traffic light. The letters were ordered filed.
Mr. Bates reported on drain matters, saying that Mr. Alfred
Eager is now willing to grant to the Town a storm drain easement
through his property on Valley Road.
Mr. Griffin reported on welfare matters.
On motion by Mr. Griffin, seconded by Mr. Bates, it was
unanimously
RESOLVED, that the annual report of the Town Department
of Public Welfare for the year 1936, which was ordered
laid over at the meeting on January 6, 1937, be ap-
proved; and be it
FURTHER RESOLVED, that the Public Welfare Department
be commended for preparing such an excellent report.
At the suggestion of the Supervisor the Board recessed the
regular meeting to hold the public hearing in accordance with the
action taken by the Board at its meeting on December 30, 1936,
designating January 20, 1937, as the time for holding a public hearing
to consider certain proposed amendments to the Zoning Ordinance (or
Regulations ) of the unincorporated section of the Town of Mamaroneck
in accordance with notice duly given as required by law. The proposed
amendments, he said, related to the request of Mr. Morris Petigor
that certain property owned by him, described on the assessment maps
of the Town of Mamaroneck as Section 4, Block 24, be re-zoned so as
to permit the erection of apartment houses. On the recommendation of
the Board of Appeals (for Zoning) the Town Board had decided to
accomplish this result by abolishing the present requirements for
Class B (Residence) District as now constituted and substituting
therefor a new set of requirements for Class B(Residence) District.
The new requirements would permit the erection only of- so-called
"garden type" apartments and would allow for a maximum of 45 per cent
lot occupancy together with certain other changes which the Town
Attorney thereupon explained.
M,
The Supervisor inquired if any one present desired to
address the Board in connection with this matter.
No one desired to address the Board on this matter.
The Supervisor thereupon declared the hearing closed.
On motion by !Ar. Griffin, seconded by Mr. Brennan, it was
upon roll call unanimously
RESOLVED tNeREAS, this Board heretofore directed and
authorized the publication of notice of public hearing
on proposed amendments to the Zoning Ordinance of the
Town of Aiamaroneck outside the limits of incorporated
villages, which notice was duly published in The Daily
Times, a newspaper printed and published in the Town
of Miiamaroneck, Westchester County, on the 4th day of
January, 1937; and
WT=EAS, at the time and place designated in said
newspaper, to wit, on the 20th day of January, 1937
at 8: 30 P. ivi, at the Town Office, 158 West Post Road,
iamaroneck, New York, a public hearing was duly held;
RESOLVED, that the Zoning Ordinance (or Regulations)
of the Town of kamaroneck, outside the limits of
incorporated villages, heretofore adopted on the
21st day of June, 1922 and thereafter from time to
time amended, be amended to read as follows:
Article II, (Use Districts) Section 3, is
hereby amended so as to read as follows:
SECTION 3. RESIDENCE DISTRICTS . Classes A.
A2 and B. In a residence district, no building
or premises shall be used and no building shall be
erected, which is arranged, intended or designed to
be used, except for one or more of the following
uses:
1. Dwelling or multiple dwelling, including the
office of a physician, surgeon or dentist, when
situated in the same dwelling or tenement used by
such person as his private dwelling.
2. Boarding houses.
3. Churches.
4. Clubs, excepting clubs the chief activity of
which is a service customarily carried on as a busi-
ness.
5. Farming, truck gardening, nurseries and
greenhouses.
6. Railroad passenger stations.
7. Schools, libraries or public museums.
S. Accessory uses customarily incident to the
above uses, the term "accessory use", however, not
including a business or any building or use not
located on the same lot with the building or use to
which it is accessory. A garage or stable shall be
permitted as per Section 9 of this Ordinance.
9. In the districts designated "A" on the map mentioned
in this Ordinance, no building or premises shall be used
and no building shall be erected which is arranged, intended
of, designed to be used as a 2 family house, tenement or hotel.
10. In the districts designated "A21i on the map mentioned
in this Ordinance, no building or premises shall be erected
which is arranged, intended or designed to be used as a
house for more than two families or as a tenement house or
hotel.
11. In the districts designated i'B" on the map mentioned
in this Ordinance, no building or premises shall be erected
which is arranged, intended or designed to be used in whole
or in part for any purposes except the following:
(a) any use permitted in Residence "A" and "A2" districts.
(b) apartment, multiple dwelling or hotel.
Article II, Section 9 is hereby amended so as to
read as follows;
SECTION 9. GARAGES. AND STABLES. A private garage for
not more than two automobiles owned and used exclusively
by an individual resident of the unincorporated part of
the Town of iviamaroneck for his private use, shall be
permitted in residential districts if erected at least
75 feet frora the front property line, unless said garage
is made part of the main dwelling or in case of severe
topographical conditions, or wLere a lot is less than
100 feet in depth, the distance may be less than 75 feet
upon the concurring vote of four (4) members of the
Board of Appeals. On corner lots, a garage shall also
be set back at least 30 feet from a side street unless
upon the concurring vote of four ( 4) members of the
Board of Appeals a less set-back restriction be permitted.
A garage for more than two motor vehicles may be
permitted in a Class "B" residential district for the
exclusive use of the occupants of an apartment house if
erected on the same lot or plot of land with such apart-
ment house building, upon the concurring vote of four
members of the Board of Appeals.
A commercial garage or station is the place of
storage of one or more business automobiles or commercial
trucks or other self-propelling vehicles, owned and used
by not more than one person or firm, or corporation,and
shall be permitted in business districts.
A public automobile garage or station is any place
used for storage of one or more automobiles or parts of
automobiles or other self-propelling vehicle, not in-
cluding motorcycles, or accessories, whether such
storage be for manufacture, repair, exhibition, demonstra-
tion, sale, rental, hire, painting, adjustment, or equip-
ment and shall be permitted in industrial districts, and
may be permitted in business districts, only after the
proposed location of the same has first been approved by
the Board of Appeals, by the concurring vote cf four (4)
members thereof.
Under no circumstances shall a permit be issued for
the erection or enlargement of a garage for more than
five motor vehicles, a group of garages for more than
five motor vehicles, or for a motor vehicle service
station or for the conversion of any premises, not so
x
used, to be used for such purposes in any zone if
any part of the lot or plot in question is situated
within a radius of two hundred feet of, or within
any portion of a street between two intersecting
streets in which portion there exists:
1. A Church, or
2. A hospital .maintained as a charitable institution,
or
3. A public library, or
4. A duly organized school, other than a public
school conducted for children under sixteen years of
age and giving regular instruction, at least five days
a week, for eight or more months a year, or
S. A public school, or
6. A theatre containing at least 300 seats.
No exceptions to the provisions of this section
shall be made by the Board of Appeals, except upon
a concurring vote of four (4) members of the Board
of Appeals.
A private stable for one or more horses owned and
used exclusively by an individual resident of the
unincorporated part of the Town of t+ amaroneck for his
private use, shall be permitted in residential districts,
if erected at least seventy-five feet from the front
property line. Upon corner lots, said stable shall be
set back at least twenty-five feet from a side street,
unless upon special consent of the Board of A-Drpeals,
a lesser distance be permitted.
A commercial stable is the place to care for and
maintain one or more horses or mules, owned and used
by not more than one person or firm, or corporation,
together with the trucks, vehicles ( except self-pro-
pelled) and equipment, used in the business or for
the private use of such person, firm, or corporation,
and shall be permitted in business districts.
A public or livery stable is any place used to
care for and maintain horses or mules, and their
harness, trucks and vehicles ( except self-propelled)
and shall be permitted in industrial districts, and
may be permitted in business districts only after the
proposed location of _same has first been approved by
the Board of Appeals.
Article III, Section 12, is hereby amended so as
to read as follows:
SECTION 12. AREA DISTRICTS- Class B. In these
districts the set-back and minimum dimensions of
yards and courts and the maximum percentage of lot
occupancy shall be as follows:
SET-BACK: All parts of a building shall be set
back at least 20 feet from the street line on each
stree t o n which ch i t
faces exce pt tna-
u on a corne., lot
on one side street, frontage to be designated by the
owner, the set-back distance may be reduced to 10 feet.
REAR YARDS: A rear yard is required on each lot.
Such rear yard shall be at least 20 feet deep behind
a building or rear projection three stories or more in
height and at least 15 feet deep behind a building
less than three stories in height. Vihere a lot is
less than 100 feet deep at the time of the passage of
this amendment to the Zoning Ordinance or Regulation,
one-half of the diminution in depth of the lot, below
100 feet, shall be subtracted from the prescribed
depth of the rear yard, provided that no rear yard
shall be less than 15 feet in depth.
SIDE YARDS: A side yard is required along each
side lot line, not a street line. No wall of any
building or accessory building shall be within less
than 15 feet from any side lot line. Open spaces be-
tween parts of buildings on the same plot shall be
not less than 20 feet in width in the case of build-
ings 22 stories or less in height; not less than 25
feet in width with respect. to a three story building;
and not less than 30 feet in width with respect to a
building more than three stories in height wherever
such intervening open spaces are the sole means of
bringing adequate exterior light and air to windows
of a living or sleeping room. An accessory building
over 60 feet from any street lane and not over two
stories in height may be within not less than three
feet from any lot line intersecting such street. No
cornice shall project more than one-quarter of the
width of the open space nor more than three feet in
any case but may project one foot in any case.
Chimneys may be erected within a side yard, provided
they do not exceed 10 square feet in horizontal ex-
ternal cross section and do not obstruct free venti-
lation.
A fire escape or an outside stairway, or a
balcony to a fire tower may project not more than
five feet into the side yard.
Within the limits of a side yard no fence or wall
(except a retaining wall) shall be more than four
feet high unless the part above such height be not
more than one-quarter solid in which case the total
height shall not exceed ten feet.
COURTS . An open space to be called a "courttP
and conforming to the provisions of this Section
shall be provided wherever any room in which persons
live, sleep or congregate, cannot be adequately
lighted or ventilated from the street or yard.
The minimum width and areas of courts shall
conform to the following:
For a building four or more stories, minimum
width 30 feet, minimum area 1800 sq. feet.
For a building three stories, minimum width
25 feet, minimum area 1250 sq. feet .
For a building two and one-half stories or less,
minimum width 20 feet, minimum area 800 sq. feet.
No fence or wall (except a retaining wall) more
than four feet high'. , unless one-quarter solid above
such height, shall exist within the limits of any
required lot line court where such fence or wall is
distant less than two and one-half feet from any lot
line provided the total height of such wall does not
exceed 10 feet.
PERCENTAGE OF LOT OCCUPANCY: The following
limitations shall govern, together with the re-
strictions for set-backs, front, rear and side yards
and courts as set forth in this section:
(a) A building occupying not more than 371V of
the lot area may be erected to a height not to exceed
six stories but not in excess of 70 feet.
(b) A building occupying not more than 40% of the
lot area may be erected to a height not to exceed
five stories but not in excess of 58 feet.
(c) A building occupying more than 40`0 of the lot
area shall not be erected to a height greater than
four stories nor more than 46 feet.
(d) No building shall occupy more than 45% of the
lot area.. Any building or part of a building which
is arranged, intended or designed to be used as a
house for not more than two families, hereafter erected
or structurally altered in the t0B" Area District shall
conform to the regulations of the "A" and "A2" Area
Districts, as provided in Article III, Section 11.
Article III, Section 13, is hereby amended so as
to read as follows:
SECTION 13. AREA DISTRICTS - Classes C, , D and E.
In these districts, the minimum dimensions of
yards and courts and the maximum percentage of lot
occupancy shall be as follows:
REAR YARDS; On interior lots there shall be a
rear yard above the horizontal plane, twenty feet
above the curb level, having a depth of not less than
ten per cent of the depth of the lot, which yard need
not exceed fifteen feet in depth, provided it has a
depth of not less than two inches for each foot - of
building height.
SIDE YARDS; A side yard, if any, shall be not
less than five feet wide, nor less than one inch
wide for each foot of building length.
OPEN COURTS: An open court shall be not less
than five feet wide, not less than one and one-half
inches wide for each foot of height of such courts,
not less than one and one-half inches wide for each
foot of length of such court from the closed end.
ENCLOSED COURTS: An enclosed court shall be not
less than six feet wide, nor less than two and one-
half inches wide for each foot of height of such
court, nor shall its area be less than twice the
square of its required least dimensions.
PERCENTAGE OF LOT OCCUPANCY: No building, with
its accessory buildings, shall occupy in excess of
ninety per cent of an interior lot . This limit shall
apply above the horizontal plane, twenty feet above the
curb level. The entire area of corner lots may be
occupied, provided all regulations relative to light
and ventilation are complied with.
Article III, Section 14, is hereby amended so as to
read as follows :
The unincorporated part of the Town. of Mamaroneck
is hereby divided into the six districts aforesaid,
and the boundaries of such districts are shown upon
the map attached hereto and made a part of this Ordi-
nance, and except, as specifically provided, no build-
ing shall be altered, constructed or raised, so as to
exceed the height hereby established for the district
wherein such building is located, and said map and
all the notations, references and other items shown
therein, shall be as such, a part o£ this Ordinance
as though the matters and items set forth by said map
were all fully described herein. The height of such
buildings is the vertical distance from the level
of the curb opposite the middle of the front of the
building to the top of the enclosure wall or to the
highest point of the roof, provided in case of a
building located on a terrace, the height of the curb
level may be increased by the amount equal to the
height of the terrace above the same curb level, but
not to exceed five feet, and provided further that
where the level of the land, according to the Town
survey is above the level of the curb, the vertical
height of such building shall be measured from the
first floor door sill. Where no curb exists the
height of a building shall be measured by the center
of the roadbed, the grade of which shall be established
or approved by the Town Board.
The forty foot height districts are outlined on
said map in clear space, and shall be known as height
districts A and A2.
The graduated height districts are outlined on
said map in lines or symbols, and shall be known as
height districts B.
The seventy foot height districts are outlined on
said map in lines or symbols and shall be known as
height districts C, D and E.
SECTION 17. FORTY FOOT HEIGHT DISTRICTS - A and A2.
In the forty foot height districts no building shall
be erected or altered to exceed forty feet or three
stories and basement in height except as hereinafter
provided.
SECTION 18. GRADUATED HEIGHT DISTRICT - "B"
In all "B" residence districts no building shall be
erected in height to exceed the following:
a. A building occupying no more than 371' of the
lot area may be erected to a height not to exceed
six (6) stories, but not in excess of 70 feet.
b. A building occupying no more than 40% of the
lot area may be erected to a height not to exceed
five ( 5) stories but not in excess of 58 feet .
c. A building occupying more than 40% of the lot
area shall not be erected to a height greater than
four (4) stories nor more than 46 feet.
SECTION 19. SEVENTY FOOT HEIGHT DISTRICTS - "C",
"D`t and "E". In the seventy foot height districts
no building shall be erected or altered to exceed
seventy feet or five and one-half stories and basement,
in height except as hereinafter provided.
SECTION 20. EEIGHT DISTRICT EXCEPTIONS. The fore-
going requirements in the height districts shall be
subject to the following exceptions and regulations:
First: In height districts, "At`, "A2" and "B".
public buildings, hospitals or schools may be erected
to a height not exceeding fifty-five feet provided
such structure shall have set-back, side yards and
rear yards, complying with the area regulations of
this ordinance.
Second: One family dwellings in height districts
"A" may be increased in height by not more than
seven feet when two side yards of not less than fifteen
I
eet each are provided, or by not more than 14 feet
when no part of said building is built within 50 feet
of any boundary line.
Third: Public buildings, hospitals, churches,
cathedrals, temples and other places of public worship
hereafter erected which have yards on all sides, and
comply with the area districts, may be erected as to
the height regulation in accordance with the provisions
of this ordinance. In height districts "A", churches,
cathedrals, temples and other places of public worship
may be erected as to height, in accordance with exist-
ing or hereafter adopted ordinance of the Town of
Mamaroneck, provided however, that any such structure
shall set back from the street line not less than 50
feet, and shall have a yard on each side of not less
than 20 feet in width and shall comply in all other
respects with the area restrictions of this ordinance.
Fourth: Nothing in these regulations shall pre-
vent the projection of a cornice beyond the street
wall to an extent of not more than four feet. Nothing
in these regulations shall. prevent the erection above
the height limit of the parapet wall or a cornice
extending above such limit not more than five feet.
SECTION 21. EXCEPTIONS AS TO SPIRES, ETC . - The
provisions of these regulations shall not apply to
the erection of church spires, belfries, chimneys,
flues, grain elevators, scenery lofts and wireless
towers. The provisions of these regulations moreover
shall not apply to bulkheads, elevator enclosures
or water tanks, occupying on the aggregate, less than
ten (10%) per cent of the area of the roof on which
they are located. No tower or other structure shall
be erected in any district embraced by this ordinance,
having a height of more than 50 feet from the level
of the ground surrounding the base or foundation of
such structure without the consent of the Board of
Appeals.
FURTHER RESOLVED, that the zoning map which together
with the designations shown thereon accompanies the
Zoning Ordinance (or Regulations) of the Unincorporated
Section of the Town of Mamaroneck and which is therein
-- declared to be and is made a part thereof, together
with the amendments thereto, be and the same hereby is
amended so as to re-zone the following described pro-
perty from Class "A" Use District (residence) and or
Class "F" Use District (unclassified) as now shown
on man to Class "B" Use District (residence) :
ALL that said piece or parcel of land bounded and
described as follows:
Beginning at a point on the northerly side of
the Boston Post Road at the southeasterly corner of land
now or formerly of Ezra C. Bingham; thence running
along the easterly line of said Bingham land in a
general northwesterly direction the following courses
and distances: North 360 339 20" West 427. 48 ft. ;
North 370 319 30" West 100.03 feet; North 380 119 40"
West 157.83 feet to a point on the southerly side of
a proposed road; thence along the southerly side of
the proposed road North 300 109 40" East 6.42 feet
to a point of curve; thence along the easterly side
of proposed road on a curve deflecting to the right of
radius 825.54 feet a distance of 197.31 feet as me%sured
along the arc of the curve to a point of tangency; thence
still along the easterly line of said proposed road on
• curve deflecting to the right of radius 182.41 feet
• distance of 72.83 feet as measured along the arc of
the curve to a point of reverse curve; thence still
along the easterly side of proposed road on a curve de-
flecting to the left having a radius of 205.0 feet a
distance of 89. 45 feet as measured along the are of
the curve to a point of tangency; thence still along
the easterly side of said proposed road North 380 369
20" West 157.46 feet; North 310 279 30" West 51. 23
feet to a point on the southerly side of Palmer avenue;
thence along the southerly side of Palmer Avenue 630
feet 4- to the northwesterly corner of property of the
Mamaroneck Board of Education; thence along the westerly
line of said Board of Education in a southeasterly
direction 155 feet 4- to a point of intersection between
said Board of Education line and the boundary line
between the Town of Mamaroneck and the Village of
Mamaroneck; thence along the said boundary line 1275
feet -{- to a point in the Northerly side of the Boston
Post Road; thence along the Northerly side of the
Boston Post Road Southwesterly 136 feet + to a point
or place of beginning.
Following is a plan or diagram showing the location
of the property affected by said change or amendment.
thence on a course North 360 289 50" West 46.29
feet to a point of curve;
I
and be it
FURTHER RESOLVED, that the Town Clerk publish a
copy of this resolution containing the amendments
to the Zoning Ordinance ( or Regulations) and the
map which accompanies the same, in The Daily Times,
a newspaper published in the Town of Mamaroneck, once
in each week for two consecutive weeks, and post the
same in six public places in the Town of Mamaroneck
for not less than 10 days.
Mr. Ed. B . Fernschild, real estate broker of New Rochelle,
addressed the Board to present a letter dated January 16, 1937,
addressed to the Board by The Title Guarantee and Trust Company, re-
questing the remission of interest on tax liens held by the Town
upon various lots in blocks 106A, 106, 107 and 108, as shown on
"Third Amended Map of Larchmont Shores, Section 3, Dated December 17,
1932. " The liens represent taxes for the year 1931 and subsequent
years.
The Supervisor reported that he had been informed by
Assessor Smith that all of the lots above referred to are worth
at least twice the amount of unpaid taxes thereon including penalties
and interest. He pointed out that the Town has consistently denied
similar requests in the past.
On motion by Mr. Bates, seconded by Mr. Griffin, it was
upon roll call unanimously
RESOLVED that the request of the Title Guarantee
and Trust Company as above set forth be and it
hereby is denied on the grounds that the Town
Board has heretofore consistently denied similar
requests.
Fire Chief LeVino addressed the Board to present his
annual report for the calendar year 1936 and two inventories:
(1) Fire Department equipment assigned to apparatus and (2) Town
of Mamaroneck property located at Fire Headquarters, both as of
December 31, 1936.
He thanked the Board for its "sympathetic cooperation and
understanding" in respect to Fire Department matters. He also re-
quested that the Fire Department be permitted to examine the plans
for the apartment houses which Mr. Petigor proposes to build on the
property owned by him and re-zoned earlier in the evening and also
the plans for any future apartment houses filed with the Building
Inspector, in order that such plans might be approved in respect
to fire prevention and fire protection matters. The Supervisor
thanked the Fire Chief for presenting the report and inventories and
on behalf of the Board expressed the Board' s appreciation of the
splendid service rendered by the department. "The Fire Department
is a credit to the Town throughout the entire county, " he said.
The Supervisor stated that it would be in order to appoint
a member of the W. P. A. Advisory Committee as suggested by the
Village of Larchmont at the meeting of the Board on January 6, 1937.
On motion by IVtr. Griffin, seconded by Mr. Bates, it was
unanimously, the Supervisor not voting,
RESOLVED, that the Supervisor act as representative ,
of the unincorporated section on the W. P. A.
Advisory Committee above referred to.
The Supervisor stated that it would be in order for the
Board to appoint the members of the Board of Review for the year 1937.
On motion duly made and seconded it was upon roll call
unanimously
RESOLVED, that Mr. Munroe Stiner,
and Mr. Charles E. Cornell be and
appointed members of the Board of
themselves for the term of office
1937 and ending December 31, 1937
in the budget .
Mr. Owen A. Mandeville
they hereby are
Review to succeed
beginning January 1,
at the salary fixed
The Supervisor informed the Board that the Fifth Annual
Meeting of the Association of Towns of the State of New York will
be held at Albany on February 24 and 25, 19379 He stated that
it would be in order for the Board to designate someone to attend
as representative of the Town because the Town is a member of the
Association. He also suggested that such Town officials as would
benefit most by attendance at this meeting be authorized to attend.
On motion by Mr. Bates, seconded by Mr. Brennan, the
Supervisor not voting, it was upon roll call unanimously
RESOLVED, that the Supervisor be and he hereby is
designated as the representative of the Town of
Mamaroneck to attend the Fifth Annual Meeting
of the Association of Towns of the State of New
York to be held at Albany, N. Y. on February 24,
and 251 1937; and be it
FURTHER RESOLVED, that such officials of the Town
as in the opinion of the Supervisor would benefit
most by attendance at said meeting be authorized
to attend.
The Supervisor urged all members of the Town Board who
could do so to endeavor to attend the meeting.
Two petitions dated respectively January 16, 1937 and
January 19, 1937, were received from Assessor Smith requesting
the Board to correct the assessment rolls for certain years as
more fully set forth below so as to permit the apportionment of
certain taxes. The Town Attorney recommended approval of the
requests.
On motion by Mr. Bates, seconded by Mr. Griffin, it was
unanimously
RESOLVED. WHEREAS the Assessor has presented two
petitions dated January 16, 1937 and January 19,
1937, for the correction of the assessment rolls
for certain years, 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
YaEREAS, after due consideration this Board finds
it desirable to grant said petitionsfor the
correction of said assessment rolls;
NOW, THEREFORE, BE IT
RESOLVED, that the assessment roll for 1936, tax of
1937, which shows property now appearing on the roll
as follows;
Sec. Elk. Lot Owner Land Improvement Total
1 44E 34B-35 to 81)
44F 1 to 25 & A New Rochelle Realty $22,050 $ 3,500 $251550
58 1 to 6A
Sec. 31
1 44E
1 44E
1 44E
1 44E
1 44F
be corrected as follows, in accordance with the
provisions of Subdivision 5 of said Section 33:
z. Lot
34B-35 to 38
39 to 48
49 to 52
53 to 81
1 to 25 & A
Owner
T. Roosevelt Allen
New Rochelle Realty
Stanley Montanye
New Rochelle Realty
t[ n tt
Land Improvement Total
$1, 500
$11500
2, 500
25500
11000
1,000
7; 250
7,250
60250
61250
1 58 1 to 6A " 3 550 4`3 500 7;050
022, X3,500 $25, 550
FURTHER RESOLVED, that the assessment roll for 1936,
tax of 1937, which shows property now appearing on
the roll as follows:
Sec.
Blk.
Lot
Owner Land Improvement Total
2
9A
406
Lawrence Dunham $5,000 $23,000
$28,000
2
9A
407
Rockledge Hldg. Corp, 4,000
4,000
be corrected
as follows, in accordance with the
provisions of
Subdivision 5 of said Section 33:
Sec.
Blk.
Lot
Owner Land Improvement Total
2
9A
406-407B
Lawrence Dunham $5,120 $233000
$28,120
2
9A
407A
Rockledge Hldg. Corp . 31880
3,880
FURTHER RESOLVED that the assessment roll for 1936,
tax of 1937,
which shows propery now appearing on
the roll as
follows:
Sec.
Blk.
Lot
Owner Land Improvement Total
2
9A
426C-428A
Rouken Glen Corp. $$41700 -
$43700
be corrected
as follows, in accordance with the
provisions of Subdivision 5 of said Section 33:
Sec.
Blk.
Lot
Owner Land Improvement Total
2
9A
426C-427D
Rockledge Hldg. Corp. $$2, 400 -
$2, 400
428C
2
9A
427C-428A
Alexander Chatin & W 2. 300
2, 300
$ 4, 700
4,700
FURTHER RESOLVED, that the assessment roll for 1936,
tax of 1937,
which shows propery now appearing on
the roll as follows:
Sec.
Blk.
Lot
Owner Land
Total
6
9
12A-13A-14A
William G. Smith $9,000
$91000
be corrected
as follows, in accordance with the
provisions of Subdivision 5 of said Section 33:
See.
Blk.
Lot
Owner Land
Total
— 6
9
12A-13A
William G. Smith $6,000
$61000
6
9
14A
Shefford S. Niller 3,000
3.000
$9,000
9,000
FURTHER RESOLVED, that the assessment roll for 1936,
tax of 1937,
which shows property now appearing on
the roll as follows:
Sec. Blk. Lot
Owner
Land
6 53 14W2-15W Post Road Realty Co . $911500
16W-19W-20W -
Total
$91, 500
be corrected as follows, in accordance with the
provisions of Subdivision 5 of said Section 33:
Sec. Blk. Lot Owner Land Total
6 53 (14W2-15 17) David Prosnit & ors. $35, 800 $353800
(16wi,1911 )
6 53 16IV2-10,Wl-20W United States of Am. 55,700 55,700
$' 913500 915500
FURTHER RESOLVED, that the assessment roll for 1936,
tax of 1937, which shows property now appearing on
the roll as follows:
See.
Blk.
Lot
Owner
Owner
Land
Total
7
16C
208
to 215
Chas. B. Bloemecke
$58,000
$81000
10-11-12 A )
be
corrected
as follows, in accordance with the
be corrected
as follows, in accordance
with the
provisions
of
Subdivision 5 of said
Section 33:
Sec.
Sec.
Blk.
Lot
Land Improvement Total
Owner
Land
Total
7
16C
208
to 211
Chas. B. Bloemecke
$54,000
X4, 000
7 .
16C
212
to 215
A. R. Sutphen
4,000
.45000
FURTHER RESOLVED, that the assessment roll for 1936,
tax of 1937, which shows property now appearing on
the roll as follows:
See. Blk. Lot- Owner Land Improvement Total
7 25 4C-5-6B Marny Realty Corp, $19, 500 $1,000 $20,500
be corrected as follows, in accordance with the
provisions of Subdivision 5 of said Section 33:
Sec. Blk. Lot Owner Land Improvement Total
7 25 4C-6C Theodora T. Richardson $ 4, 975 $51,000 $ 55975
7 25 5-6B Marny Realty Corp. 14 525 14, 525
$19,500 §IPOOO 201500
FURTHER RESOLVED, that the assessment roll for 1936,
tax of 1937, which shows property now appearing on
the roll as follows:
Sec.
Blk.
Lot
Owner
Land In Total
7
63
1-2-3-4-5A)
Celia London
$201450 $51, 450 21, 900
10-11-12 A )
be corrected
as follows, in accordance
with the
provisions of Subdivision 5 of said
Section 33:
Sec.
Blk.
Lot
Owner
Land Improvement Total
7
63
1-2-3B-10)
Celia London
14, 450 $5141450
11-12A )
7
63
3A-4-5A
Josephine L. Lane
6 000 $1.450 7,450
20, 450 1,450 421, 900
FURTHER RESOLVED, that the assessment roll for 1936,
tax of 1937,
.which shows property now appearing on
the roll as follows:
Sec.
Blk.
Lot
Owner
Lard Total
9
104
-
Fred L. Brown
$453000 $450000
be corrected as follows, in accordance with the
provisions of Subdivision 5 of said Section 33:
Sec. Blk. Lot Owner Land Total
9 104 - Fred L. Brown x;38,100 $38 5100
9 104 1 Eminent Realty Corp. 2; 300 2; 300
9 104 6 r� It 21300 21300
9 104 9 if It i° 2 300 2 300
45,000 45,000
FURTHER RESOLVED, that the assessment rolls for 1935
and 1936, taxes of 1936 and 1937, which show property
now appearing on the roll as follows:
Sec. Blk. Lot Owner Land Improvement Total
1 46 9-10-11 Anna Carle
1 46 12-13-14 Eva Frost
$3 5300 $7 1850 $11;150
31000 9,000 12,000
be corrected as follows, in accordance with the
provisions of Subdivision 5 of said Section 33:
Sec. Blk. Lot Owner Land Improvement Total
1 46 9-10-11-12B Larchmont Nat' l Bk.Trus. $3;420 $7,850 $11,270
1 46 12A-13-14 Eva Frost 2,880 9,000 11, 880
FURTHER RESOLVED, that the assessment roll for 1936,
tax of 1937, which shows property now appearing on
the roll as follows:
Sec. Blk. Lot Owner Land Improvement Total
8 76 lA Sheldrake Glen Bldrs. $12,000 x$'4,000 $16,000
be corrected as follows, in accordance with the
provisions of Subdivision 5 of said Section 33:
Sec. Blk. Lot Owner Land Improvement Total
8 76 IA Sheldrake Glen Bldrs. 93000 $4,000 $13;000
8 76 lC-1D Marie K. Neary 3,000 3,000
The Town Attorney presented a petition dated July 18, 1935,
signed by owners of real property in the proposed district in the
Town of Mamaroneck in excess of 50% of the total amount of the assessed
valuation of property in the proposed district, according to the com-
pleted assessment roll for the year 1935, and also representing resi-
dent owners of property aggregating more than 50% of the assessed valu-
ation of all property within such district owned by resident owners,
requesting the Town Board to establish a refuse and garbage district
in the Town of Mamaroneck to be known as Refuse and Garbage District
No. 1.
The specific boundary lines of said district, he stated,
were described in the petition and included the entire area of the
Town of Mamaroneck outside the incorporated Villages of Larchmont
and Mamaroneck.
He also presented a certificate from the Assessor of the
Town of Mamaroneck, certifying that such petitions had been signed
by owners and resident owners of real property in the -proposed
district sufficient in amount, under the provisions of Section 191
of the Town Law.
He further stated that it would be necessary to call a
public meeting to consider the petition.
He said that the approval of the Comptroller of the State
of New York is required for the establishment of such a district.
He said that the petition and the affidavit of the Assessor appeared
to be in order and recommended that the Board authorize the Supervisor
to sign on behalf of the Town the petition to the Comptroller of the
State, requesting an order permitting the creation and establishment
of such a Refuse and Garbage District, pursuant to the provisions of
Chapter 45 of the Laws of 1935.
Councilman Brennan introduced the following resolution;
WHEREAS a petition has been signed and verified for the
establishment of a garbage district, by owners of taxable
real property situated in the proposed district, owning
in the aggregate at least one-half of the assessed valua-
tion of all the taxable real property of the proposed
district and by resident owners, owning taxable real
property aggregating at least one-half of the assessed
valuation of all the taxable real property of the pro-
posed district owned by resident owners according to
the latest completed assessment roll; and
WHEREAS the Assessor has computed and certified that
the signatures to such petition are sufficient and
within the provisions of Section 191 of the Town Law;
and
WHEREAS it is necessary to obtain an order from the
Comptroller of the State of New York for the creation
of such proposed district, pursuant to the provisions
of Chapter 45 of the Laws of 1935; which statute
provides that proof must be submitted to the State
Comptroller by this Board that the creation of such
district is desirable and that the public interest will
be served by the creation of such district and that
the cost of the same will not be an undue burden upon
the property of such proposed district; and
WHEREAS the Supervisor has made an affidavit, stating
in detail the facts and circumstances making the
creation of such district desirable and necessary; and
WHEREAS the Town Attorney has prepared a petition in
accordance with the provisions of Chapter 45 of the
Laws of 1935, for submission to the State Comptroller;
RESOLVED that this Board approve such petition and
authorize the Supervisor to sign the same and submit
it forthwith to the State Comptroller.
On motion of Councilman Brennan, seconded by Councilman
Bates, the foregoing resolution was adopted by the following vote;
AYES: Supervisor McCulloch
Councilmen Bates, Brennan, Griffin
NOES t None
On motion by Pair. Brennan, seconded by Mr. Bates, it was
unanimously
RESOLVED, WHEiREAS there has been presented to this
Board a petition requesting this Board to create
and establish a refuse and garbage district in the
Town of P2amaroneck, to be known as Refuse and Garbage
District No. 1, said district to include all of the
territory in said Town outside the incorporated
Villages of Larchmont and Mamaroneck, which petition
is in proper form and states that the maximum amount
proposed to be expended for said improvement is $6,000
and the maximum amount to be expended annually in said
district for the collection and disposal of waste matter
is `, 21,000 and stating that the improvement proposed
a r
to be made is the purchase of trucks and equipment
for the collection of refuse, garbage, ashes and
waste matter under contract or otherwise including
the annual cost of maintenance and replacement of
equipment; and
WHEREAS pursuant to law, this Board must give notice
of the meeting at which it will act on such petition;
THEREFORE, BE IT
ORDERED that at the regular meeting of the Town Board
to be held on the 17th day of February; 1937 at S P. 14.
at the Town Office, 158 West Post Road, in the Village
and Town of Mamaroneck, the Town Board of the Town of
Mamaroneck will meet to act on the aforesaid petition
to create and establish a refuse and garbage district,
the area of which proposed district is described in
said petition and is the entire area of the Town of
Kamaroneck, outside of incoroorated villages.
BE IT FURTHER
ORDERED that the Clerk give due notice of such
hearing upon said petition by publishing a notice
thereof in The Daily Times, a newspaper printed
and published in the Village and Town of Mamaroneck,
which newspaper is hereby designated as the official
newspaper for that purpose and by posting copies
thereof in five public places in the Town as provided
in Section 193 of the Town Law, and that he mail to
all public service corporations, the names of which
appear on the latest completed assessment roll of
said Town, a copy of said notice, as provided in
Section 193 of the Town Law, on or before the 7th
day of February, 1937.
The Supervisor reported briefly on the status of the
9V, P . A, tax map project .
The Town Attorney reported briefly on various drain projects.
He said that on the basis of estimates prepared by Town Engineer
Foote the total cost of the drains to serve the Sackett Circle area
and Mr. Engelsted' s property on Rockland Avenue would be close to
$20,000.
The Town Attorney reported that he had conferred with the
attorney for Carmine and Louise ^lcrtorella, relators in a certiorari
action to review the assessment for 1936 on property owned by them,
and recommended that the proceedings be settled and discontinued on
the basis more fully set forth below.
On motion by -Ar. Brennan, seconded by Mr. Griffin, it was
unanimously
RESOLVED, WHEREAS Carmine and Louise Tortorella
heretofore obtained a writ of certiorari from the
Supreme Court of Nestchester County on the 22nd day
of September, 1936, to review the assessment for the
year 1936, on property owned by them, as hereafter
more particularly stated; and
NTIEREAS the Assessor of the Town of Mamaroneck, duly
filed a return to said writ on or about the 16th day
of November, 1936; and
�,WREREAS no further proceedings have been had, and
the Town Attorney recommends to this Board that the
proceedings be settled and discontinued upon the
reduction of the total assessed valuation as hereafter
stated, which reduction the Town Attorney states is
acceptable to the owners of the property;
NO-T. THEREFORE, BE IT
RESOLVED that the assessment for the year 1937
upon the following described property, upon the
1936 assessment roll, be reduced as follows:
FROM
Section l;Block 62,Lots 4 & 5
If 15 it 86,Lot 17A
TO
Land Improvements Total
1;000 6; 000 7;000
205000 17,500 37, 500
Section 1;Block 62;Lots 4 & 5 $ 11000 5, 500 6, 500
It 1, 861 Lot 17A 17, 500 171500 35, 000
provided that the certiorari proceedings for the
year 1936, now pending, be discontinued.
The Supervisor presented three reports as follows:
(1) Condensed Statement of Receipts and Disbursements - Town of
Mamaroneck - All Funds; (2) Condensed Statement of Receipts and
Disbursements - Capital Fund and (3) Condensed Statement of Receipts
and Disbursements - Special Assessment Fund, all for the period
January 1, 1936 to December 31, 1936. The reports were ordered
filed.
The report of the Town Clerk for the year 1936 was received
and filed.
A copy of the resolution adopted by the Mamaroneck Lions
Club at its meeting on January 12, 1937, in favor of the re-zoning
of the Petigor property was received and filed.
A summary of reported accidents in the Town of Mamaroneck
for the years 1935-1936 was received from the State Insurance Fund
and referred to tdir. Brennan.
A letter dated January 15, 1937, was received from the
County Engineer calling attention to the annual public meeting to be
held under the auspices of the State Highway Department at White
Plains on February 4, 1937. The letter was ordered filed.
The Town Clerk presented the surety bond of Charles M.
Baxter, Jr. as Justice of the Peace in the penal sum of $1,000 which
bore the approval of Mr. Keeler, the Town' s insurance broker.
On motion duly made and seconded it was upon roll call
unanimously
RESOLVED that the surety bond of Charles M. Baxter, Jr.
as Justice of the Peace in the penal sum of w1,000
being bond No. 1681954 of the Fidelity and Casualty
Company for the period January 1, 1937 to December 31,
1937, be and it hereby is approved.
The Supervisor reported informally on the 1937 equalization
rates of the County of Westchester and its various subdivisions .
At 9:50 P. M. the Board unanimously resolved to adjourn.
/ /, .,