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HomeMy WebLinkAbout1938_02_16 Town Board Minutes 143 REGULAR iIL"ETIP<G OF THE TOWN BOARD TOi'1N OF MAMIAROIN CK, NEVI.' YORK HELD FEBRUARY 16, 1938 At the Town Offices, 158 Nest Boston Post Road., Mamaroneck, N . Y. The meeting was called to order by Supervisor I: cCulloch at 8-15 P. PI,' . Present: Supervisor I11cCulloch Councilmen Bates, Griffin, Mandeville, tlieginniss Absent: Hone The presence was also noted of Town Clerk Payne, Town Attorney Delius, Town Engineer Foote and Deputy Assessor Simonds. The Town Clerk submitted the minutes of the meeting of January 5, 1938, which were approved as printed. The Supervisor asked if any one present wished to address the Board. Mr. Frank Guadagnolo, residing at 82 tdurray Avenue, Larchmont, I'd . Y. , with his principal office for the transaction of business located at 5 Vine Street, Larenmont, i'I . Y. , presented a petition requesting the issuance of a franchise and/or consent for the operation of buses through the Town of I,Iamaroneck. On motion made by Councilman Bates and seconded by Council- man Griffin, it was unanimously RESOLVED, WHEEREAS a petition has been received by this Board from Frank_ Guadagnolo, requesting con- sent for the operation of motor buses for the transportation of passengers, and property carried by said passengers, for hire, in, upon, along and across certain streets in the Town of Narnaroneck; NOSH, THEREFORE, BE IT RESOLVED, that a public hearing on the petition of Frank Guadagnolo be held on the 2nd day of March, 1938, at 8: 15 P. M. at the Town Offices, 158 `J"iest Boston Post Road, Mamaroneck, N. Y. by and before this Town Board., and be it FURTHER RESOLVED, that the Town Clerk be and the hereby is authorized, empowered and directed to have published in The Daily Times, a daily, news- paper published in the Town and Village of " amaro- neck, a suitable notice of such public hearing, to be prepared by the Town Attorney, such publi- cation to be made on the 19th day of February, 1938. ivir. Ivan Flood, attorney, appeared before the Board on behalf of "Messrs. Schor and Xiartino who have made claims against the Town for alleged damages caused by a Town drain. Ir. Flood offered to arrange a settlement. The matter was referred to Town Attorney Deli_?:s. A letter dated February 12, 1938, received from Fire Chief Richard B. LeVino e<.tending an invitation to the Town Board to attend the Annual Officers Dinner to be held at headquarters on February 21, 1938, was read by the Town Clerk, The members of the Board requested the Town Clerk to send a letter to the Chief expressing their appreciation for this invitation and advising him that they would make every effort to attend. 145 The Town Clerk read a letter dated February "r, 1938, re- ceived from Mr. Meyer Kurz concerning a structure situated at the end of Durham Road which had been partly erected and is now abandoned. He reported that his child had been seriously injured while playing with a group of children in the building. He suggested that the Board take action to order the removal of this building as it constitutes a source of grave danger to children. On motion by Councilman Aeginniss, seconded by Councilman Griffin, it was unanimously RESOLVED, that the letter received from hr. Meyer Kurz and the question concerning a similar structure at Avon Road be referred to Town Attorney Delius and Building Inspector Cowham. The Supervisor informed the Board that Yr.Arthur Dunn, Jr. and his associates, representing Mr. Norris H. Petigor, had just become aware of the change in the Building Code making it mandatory that apartment buildings of more than four stories "shall be fire- proof" instead of semi-fireproof. The new code was adopted May 31, 1937. "It is because of this that they are here tonight, " he said.. Mr. Edward Petigor, :Fir. Frank Gagliardi, attorney, Mr. Arthur Dunn, Jr. , realtor, and Mr. Iser, architect, appeared before the Board to make application for an amendment to the Building Code so as to allow for the construction of an apartment house to the height of six stories in semi-fireproof construction as planned by the Petigor interests. Mr. Gagliardi stated that the eight build- ings proposed would be far superior to any now in existence in the Town from a point of fire prevention. The plans have not only been submitted to the Town Fire Council but also to Fire Chief Oscar Grab of Lew Rochelle who stated that the plans comply with all of the re- quirements of his city. The Supervisor informed the representatives of Mr. Petigor that while the Board was willing to cooperate fully in assisting the completion of the project, they had to consider an amendment -- that would apply to all other apartment buildings with respect to the future development of the unincorporated area. Councilman Meginniss .recommended that Mr. Charles Mink, a member of the Board of Appeals, who worked on the preparation of the Building Code with Mr. Delius be consulted in regard to the proposed amendment. After some discussion it was upon motion by Councilman Meginniss, seconded by Councilman Handeville , unanimously RESOLVED, that the matter as to howl if and when the Building Code should be amended be referred to Town Attorney Delius, or. Charles Link and Building Inspector Cowham. Councilman Mandeville recommended and offered the follow- ing resolution which was seconded by Councilman iaeginniss: vote: RESOLVED, that hr. Charles Mink be employed to assist Town Attorney Delius and Building Inspector Cowham in connection with the proposed amendment to the Building Code at a fee not to exceed 050. 00. The foregoing resolution was adopted by the following AYES: Supervisor A cCulloch Councilmen Bates, Griffin, Mandeville, Yeginniss NOES: None 4 The Town Clerk presented a letter dated January 20, 1938, which had been received from the Association of Towns and ordered laid over at a previous meeting. On motion of Councilman Bates, seconded by Councilman iriandeville ,it was unanimously RESOLVED, that Supervisor McCulloch be designated as the representative of the Town of Mamaroneck to attend the Sixth Annual ialeeting of the Association of To wns of the State of New York to be held in the city of Albany, 1N. Y. on February 23, 24, and 25, 1938. The applications for dance hall licenses for Bonnie Briar Country Club and Post Lodge were presented to the ;Board for approval. The Town Clerk reported that the Building Inspector and Fire Inspector had inspected and. approved both buildings. On motion by Councilman_ Bates, seconded. by Councilman vlandeville, it was unanimously RESOLVED, that the application for dance hall licenses for Bonnie Briar Country Club and Post Lodge be approved. The Town Clerk read a letter dated January 17, 1938, re- ceived from Yr. J. H. King, Chairman of the Board of Police, Com- missianers, in which he submitted his resignation as a member of the Board of Police Commissioners of the Town of Pilamarcneck, effec- tive at the pleasure of the Town Board. He advised that much to his regret he would no longer be eligible to serve as he would not be a resident of the Town of Mamaroneck after February 5, 1938. He expressed to the Supervisor and the Board his grateful apprecia- tion for the complete cooperation and assistance that had been given to the Folice Commission during the four years that it had been his privilege to serve . On motion by Councilman leginniss, seconded by Councilman Griffin, it was unanimously RESOLVED, that the resignation of Conlnissioner J. H. King be received with regret. The Supervisor recommended that Councilman h2eginniss and Councilman P;landeville draft an appropriate resolution expressing the Board' s appreciation for the fine work done by P:ir. King as a Police Corm issio er. On motion by 1r. Bates, seconded by My-, Griffin, it was unanimously RESOLVED that Councilman Mandeville and Councilman Megi nni ss serve as a committee of two to draft the above mentioned resolution and present same to the Board at its next regular meeting. The Supervisor read_ a letter dated January 4, 1938, re- ceived from v%r.Victor Stempf, Secretary of the Board of Police Com.aissioners of the Town of Mamaroneck, advising that dir. J. H. Ding had informed ;aim that he was about to move to Scarsdale which would make him ineligible to continue as a member of the Police Commission and recommended that, while he shall not move before February, he be re-appo__nted so that he may serve until the very last day of his residence in the Tovzn. The Town Clerk reminded the Boa re-appointed on January 5, 1938, to serve Town Board. As a successor to Mr. King, Mr. recommended Mr. John ff. Luce of 22 Bonnie Mamaroneck. rd that Mr. Bing had been at the pleasure of the Johnson and Br. Stempf Briar Lane, Town of 149 Following a brief talk by the Supervisor concerning 11111r. Luce, it was upon motion by Councilman Bates, seconded by Councilman Griffin, RESOLVED, that Mr. John iN. Luce be and he hereby is appointed to succeed iVir. J. H. wing as a member of the Board of Police Commissioners of the Town of Mamaroneck to serve at the pleasure of the Town Board. The foregoing resolution was adopted by the following vote: AYES: Supervisor McCulloch Councilman Bates, Griffin, Mandeville, 1V'_eginniss NOES: !\[one The Supervisor called to the attention of the Board the fact that Mr. Orson A. Raynor' s term of office as a member of the Board of Appeals would expire _February 19, 1938. Upon motion by Councilman Griffin, seconded by Councilman Bates, the following resolution was introduced, RESOLVED, that Mr. Orson A.Raynor be and he hereby is re-appointed a member of the Board of Appeals (for Zoning) to succeed himself for the term of office .beginning February 19, 1938, and expiring February 19, 1943. The foregoing resolution was adopted by the following vote; AYES- Supervisor _McCulloch Councilmen Bates, Griffin, i4andeville, iMeginniss NOES- None The Supervisor announced that he had been informed by the Police Commission that they would hold a review of the Police Depart- ment at headquarters on Friday, February 18, 1938, at 8 A. P1, and urged that the members of the Board be present. The Town Clerk read a letter elated February 3, 1938, re- ceived from the Old. Town of Mamaroneck Historical Society in which they referred to the 5500 item for publicity purposes in the 1938 budget and suggested that this fund be devoted to marking historic spots in the Town with permanent markers to take the place of the temporary ones the Celebration Committee posted around the Town in September, 1936, all of which have been destroyed.. They also sug- gested that steps should be taken to restore to its former location a milestone belonging on the Boston Post Road somewhere near Dillon Par'_ . It is now erected on the premises of Rutherford, Davenport Neck, New Rochelle . It was apparently picked .up many years ago and placed in its present location as an ornament. The Supervisor appointed Councilmen Miandeville and Town Engineer Foote as a committee of two to furnish the Board with an estimate of the cost of placing the markers referred to in the above mentioned letter. The Supervisor also requested them to make an investigation in connection with the milestone . The Town Clerk read a letter dated February 14, 1938, received from the Board of Elections of flestcne-ster County, listing some of the errors and omissions contrary to the Election Law which were made by some of the Election Inspectors of the Town of Mamaroneck during the last general election. The Commissioners recommended that the Election Inspectors at fault be instructed regarding their failure in performing their duties and that they not be re-appointed unless they show a willingness to study their job. The Board requested the Town Clerk_ to make copies of the above mentioned letter and send same to the chairmen of the two major political. parties and also to arrange a meeting, if necessary, so that these Inspectors may receive further instruction. The Town Attorney presented a petition to the Comptroller. o£ the State of iew York in the matter o ' the designation of the portion of the Town of Riamaroneck which shall pay for highway drain- age improvements, pursuant to Section 4 of Chapter 707 of the Laws of 1936. He suggested that the Board pass the proper resolution authorizing the Supervisor to sign the petition. Upon motion by Councilman Mandeville, seconded by Council- man Bates, it was upon roll call, the Supervisor not voting, unani- mously RESOLVED, that the Supervisor be authorized to Sign the petition to the Comptroller of the State of New York in the matter of the desig- nation of the portion of the Town of Mamaroneck which shall pay for highway drainage improve- ments, pursuant to Section 4 of Chapter 707 of the Laws of 1936. The Town Attorney stated that he recommended the settle- ment of certiorari proceedings instituted by Ca Deiuitt Rogers, to review the assessment upon a parcel of property in the Village of Larehmont, known as Section 7, Block 81, Lot 3, for the year 1937 on the basis of a reduction in the assessment from $;34,750 to S,30,750. Upon motion made by Councilman Griffin and seconded by Councilman Mandeville, the following resolution was unanimously adopted: KEREAS, heretofore and on or about the 27th day, of September, 1937, a writ of certiorari was obtained by C . DeWitt Rogers, owner of Section 7, Bloc'_. 815 Lot 35 to revieiT, the assessment upon t'Cle premises owned by i".im; and 'PIEEREAS, return to such writ was duly filed by the .ssersor and Board of Revieiu on or about the 15th day of November, 1937, and no further proceedings have been taken; and WHEREAS$ the Town Attorney and Assessor recommend to this Board that the proceedings be settled and discontinued upon the reduction of the assessment for the year 1937, from c34,750 to $302750; NOIN, THEREFORE, BE 1T RESOLVED, that the assessment for the year 1937 upon property '_mown as Section 7, Block 81, Lot 3, assessed at x:34, 750 be reduced to `30,750 provided the certiorari proceeding now pending in the name of C.De!Vitt Rogers be discontinued without costs. FURTIiER RISOLVED, that the Town Attorney is hereby authorized and directed to sign the necessary stipulation to obtain an order of the Supreme Court providing for such reduction. The Town Attorney stated that he recommended the settle- ment of certiorari proceedings instituted by I'Leffert & Co. , Inc. to review the assessment upon a parcel of property in the Village of Mamaroneck, known as Section 9, Block 7.9, Lots lla, llb and 11c for the year 1937 on the basis of a reduction in the assessment as follows: from $41,000 to $33, 500. Upon motion made by Councilman Peginniss, and seconded by Councilman Bates, the following resolution was unanimously adopted.: I'IIPEREAS heretofore and on or about the lst day of October, 1937 a writ of certiorari was obtained by Meffert & Co. , Inc. owner of Section 9, Block_ 19, Lots li_a, llb and 11c, to review the assessment upon the premises owned by it; and 1t7HEREAS, return to such writ was duly filed by the Assessor and the Board of Review on or about the 15th day of November, 1937, and no further proceedings have been taken, except that the action was referred to one of the official referees of the Supreme Court; and WBEREAS, the Town Attorney and Assessor recommend to this Board that the proceedings be settled and discontinued upon the reduction of the assessment for the year 1937 from $41,000 to 4339500; O'', THEREFORE, BE IT RESOLVED, that the assessment for the year 1937 upon property known as Section 9, Block 19, Lots Ila, llb and llc assessed at $41, 000 be reduced to $33,500, provided the certiorari pro- ceeding now pending in the name of Pleffert & Co. , Inc, be discontinued. without costs. FURTHER RESOLVED, that the Town Attorney is hereby authorized and directed to sign the necessary= sti- pulation to obtain an order of the Supreme Court providing for such reduction. The Town Attorney stated that he recommended the settlement of certiorari proceedings instituted by Anna Dooley and Nell Callaghan to review the assessment upon a parcel of property in the Village of 1�4amaroneck., known as Section 9, Block 31, Lot 22B, for the year 1937, on the basis of' a. reduction in the assessment from $25,750 to $22,500. Upon motion made by Councilman ia'andeville and seconded by Councilman Griffin, the following resolution was unanimously adopted„ vu?,R.EAS, heretofore and on or about the 15th day of October 1937, a writ of certiorari was obtained by Anna Dooley and Nell Callaghan, owners of Section 9, Block 31, Lot 22B, to review the assessment upon the premises owned by them: and WHEREAS, return to such writ was duly filed by the Assessor and .Board of Review on or about the 15th day of November, 1937, and no further proceedings have been taken, except that the action was referred to lWilliam J. llallin, Esq. of Yonkers, New York, as Referee, by order of the Supreme Courts and ,AifHEREAS, the Town Attorney and Assessor recommend to this Board that the proceedings be settled and dis- continued upon the reduction of the assessment for the year 1937, from $25,750 to $22,500; YOV1, THEREFORE, BE IT RESOLVED, that the assessment for the year 1937, upon property known as Section 9e. Block 31, Lot 22B, assessed at 6;25,750, be reduced to $22,500, provided the cer- tiorari proceeding now pending in the names of Anna Dooley and Nell Callaghan, be discontinued without costs. FURTHER RESOLVED, that the Town Attorney is hereby authorized and directed to sign the necessary sti- pulation to obtain an order of the Supreme Court providing for such reduction. The Town Attorney stated that he recommended the settle- ment of certiorari proceedings instituted by Cornelius Callaghan to review the assessment upon a parcel of property in the Village of Yamaroneck, known as Section 9, Block 195 Lot 8 Al, for the year 1937 on the basis of a reduction in the assessment from „35, 000 to $30,000. Upon motion made by Councilman Mandeville, and seconded b7= Councilman Bates, the following resolution was unanimously, adopted; WFEREAS, heretofore and on or about the 15th day of October, 1937, a writ of certiorari was obtained by Cornelius Callaghan, owner of Section 9, Block 19, Lot 8 Al, to review the assessment upon the premises owned by him; and WHEREAS, return to such writ was duly filed by the Assessor and Board of Review on or about the 15th day of November, 1937, and no further pro- ceeding have been taken, except that the action was referred to Jerome A. Peck, Esq. , of Port Chester, hew York, as Referee, by order of the Supreme Court; and WHEREAS, the Town Attorney and Assessor recommend to this Board that the proceedings be settled and discontinued upon the reduction of the assess- ment for the year 1937, from $35, 000 to $30,000; NOJI, THEREFORE, BE IT RESOLVED, that the assessment for the year 1937 upon property known as Section 9, Block 19, Lot 8 Al, assessed at X35,000, be reduced to 030,000, provided the certiorari proceeding now pending in the name of Cornelius Callaghan, be discontinued without costs. FURTBER RESOLVED, that the Town Attorney is hereby authorized and directed to sign the necessary stipulation to obtain an order of the Supreme Court providing for such reduction. A petition dated February 1E, 1938, was received from the Assessor requesting that the assessment robs of the Town be corrected in certain particulars as more fully set forth below. Upon motion by Councilman Griffin, seconded by Councilman Bates, it was unanimously RESOLVED, WHEREAS, the Assessor has presented a petition dated February 16, 1938, for the correction of the assessment rolls for 1937, taxes of 1938, pursuant to trie provisions of Section 33 of Chapter 105 of the Laws of 1916, as amended, known as the West- chester County Tax Act; and WHEREAS, after due consideration this Board finds it desirable to grant said petition for the correction of said assessment rolls; NOVU, THyREFORE, BE IT RESOLVED. that the assessment roll for the year 1937, taxes of 1938, which shows property* now appearing on the rolls as follows: Section Block Lot Owner Land Imp. Total 2 11 20,28 to 31 County J Suburban Corp®03,050 - W3,050 be corrected as follows. in accordance with the provisions of Subdivision 5 of Section 33: Section. Block Lot Owner Land Imp. Total 2 11 20,28B,29B County L Suburban Corp.$ 650 650 2 11 28A,29A " " 9 1,200 - 1,200 2 11 30,31 H' " rt 1,200 12200 FURTHER RESOLVED, that the assessment roll for 1937, taxes of 1938, 1n0,ieh shows property now appearing on the rolls as follows: Section Block Lot 2 2P 334 - Owner Walter Aldridge Land imp. Total $70,000 $36,500 $1061500 be corrected as follows, in accordance with the provisions of` Subdivision 5 of Section 33: Section Block Lot Owner Land Imp. Total 2 204 - Walter Aldridge $67, 500 $33, 000 1000500 2 3 - Mrs. E. S. Steese 2,500 3,500 62000 , FURTEE R RESOLVED, that the assessment roll for 1937, taxes of 1938, which shows property now appearing on the rolls as follows: Section Block Lot Owner Land Im . Total 5 18 10511A ?Mary G. DeVeau $ 1,200 $ 3,000 $4,200 be corrected as follows, in accordance with the provisions of Subdivision 5 of Section 33: Section Block Lot Owner Land Imy Total 5 18 10 Larchmort Fed. S. & L. $ 850 $ 3,000 $3,850 Assoc. 5 18 11A Mary G. DesJeau 350 - 350 Town Attorney Delius read a letter received from John Fremd in which he stated that it was impossible for him to pay for the da-mage caused in an accident in which his car damaged the police booth near the Larch-nont railroad station. sir. Delius advised the Board that he had made an investigation and found that Vir. Fremd +ras witnout insurance, that he had no property and that he received a small salary from his employers. There is a possibility of the To,,°an' s gaining judgment against lair. Fremd. However, the case would have to be tried and there is some question as to whetter or not Mr. Fremd was at fault. The Supervisor recommended that the Town Attorney request PMlr. Fremd to appear before the Town Board at its next regular meet- ing The Town Clerk read a letter dated February 15, 1938, re- ceived from the Board of Police Commissioners setting forth the re- commendation of ttie Commission that Sergeant Tobias Abrahamsen be pensioned, as he is physically unable to resume his duties in the Police Department. Upon motion by Councilman Griffin, seconded by Councilman Bates, it was unanimously RESOLVED, that the recommendation of the Board of Police Commissioners in regard to the retirement of Sergeant Tobias Abrahamsen be approved and that the Board of Trustees of the Police Pension Fund be notified of the action of this Board. The Town Clerk read a letter dated February 9, 1938, re- ceived from the Board of Education with a certified- copy of a resolution in which they request the Supervisor to borrow upon the credit of the Town for the use and. benefit of Union Free School District Vo. 1 of the Town of iviemaroneck a sum not exceeding the amount of the unpaid school taxes for the 1937 tax levy. The Board requested the Comptroller to prepare a statement of the unpaid school taxes for the 1937 tax levy and present same at the following meet- ing. A letter received from Anthony,; Sansone, Corporation Counsel of the Village of Pfiamaroneck, dated February 8, 1938, was read by 159 the Town Clerk. fair. Sansone requested that the records referring to arrests made by the Village of Mamaroneck Police Department prior to July, 1927' be turned over to the Court Clerk, of the Police Court of the Village of P,iamaroneck. He said that he had been advised that prior to the formation of the Mamaroneck Police Court all arrests made by the Police Department of the Village of Mamaroneck were dis- posed of by Justice of the Peace 'Sm. A.Boyd and that separate dockets were kept by him of criminal cases arising in the Village of Mamaro- neck. After asking the advice of the TosAm Attorney in this matter, the Board instructed the Town Clerk to turn these records over to the Clerk of the Police Court of the Village of Mamaroneck. The Town Clerk read a letter dated February 7, 1935, re- ceived from the County Transportation Company enclosing a report for the year 1937 in accordance with the terms of the consent granted by the Town of Mamaroneck. The letter rras ordered filed. The annual report of the La.rchmont-Mamaroneck Humane Society, no. was presented. The Board ordered. the same to be received with thanks and filed. The Town Clerk' s report for the month of January was re- ceived and filed. The report of the County Department of Health for the month of December-, 19378 was received and filed. At 11:05 P. M. the Board unanimously resolved to adjourn. Town Clerk