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HomeMy WebLinkAbout1938_03_02 Town Board Minutes 165 PUBLIC HEARINGS BY AND BEFORE THE T0WN BOARD AND A REGULAR MEETING OF THE TOWN BOARD, TOWN OF MAMARONECK, N. Y. HELD MARCH 2, 1938 At the Town Offices, 158 West Boston Post Road., Mamaroneck, N. Y. The meeting was called to order by Supervisor McCulloch at 8;15 P. M. Present: Supervisor McCulloch Councilmen Bates, Griffin, Mandeville , Yegin iss Absent: None The presence was also noted of Town Clerk Payne, Town Attorney Delius, Town Engineer Foote, Comptroller Luceno, and Tdsr. Charles F. Klink and lair. Orson A. Raynor, members of the Board of Appeals. The Supervisor asked if there was any one present who desired to address the Board. Mr. David H. Moses of Greenbaum, Wolff & Ernst, attorneys, appeared on behalf of Mrs . Kurt V. Semon. He stated that a riding academy was being operated on the property which is known as the Hall property, ad,joining the property of Mrs, Semon on Old Ahite Plains Road, Mamaroneck. He said that this property was used for residential purposes up until about a month ago. A number of horses are now stabled there and a sign has been placed near the road. The Mown Clerk read a letter dated February 28, 1938, frog^ Mrs. Kurt M. Semon and also a letter dated February 28, 1938, from Mrs. John C. Heintz, in which they complained about the riding aca- demy recently established on the mall property near their respective residences on Old 'White Plains Road, Pair. Moses suggested that the Board make an investigation. After some discussion the Board decided to investigate the matter and act upon same at the next meeting. On motion by Councilman Bates, seconded by Councilman Griffin, the 'Board_ unanimously resolved to suspend the regular order of business in order to hold the public hearings pursuant to notice duly given. The Supervisor stated that the first public hearing was being held for the purpose of considering the enactment of certain amendments to the Building Code of the Town of Mamaroneck whic'r, was duly adopted by the Town Board on February 17, 1937. The Town Attorney presented affidavits of publication and posting of the notice, which were ordered filed, and outlined the proposed amendments. The Town Clerk real_ a letter dated February 16, 1938, received from Fire Chief Richard B. LeVino, in which he set forth the general results of a meeting held February 14, 1938, at the fire headquarters, those present being Mr. Edward Petigor, Mr. Gustave W. Iser, arthitect, Building inspector Cowham, Fire Inspec- tor Heywood and Fire Chief LeVino. They agreed upon certain modi- fications and additions to the existing plan for the proposed Petigor development. The Town Clerk read a letter dated February 20, 1938, received from Fire Chief Richard. B. LeVino in which he advised. the Town Board that the members of the Fire Council had discussed the proposed amendments to the Building Code and that they believed that buildings of semi-fireproof construction will meet the general requirements for public safety when erected in accordance with the provisions of the zoning ordinance for a "B49 district and when the requirements for fire protection as outlined in the Building Code have been complied with. The Town Clerk read a telegram dated March 2, 1938, re- ceived from R. C. Nye, Secretary of the Howell Park Association, in which he reported the action taken at the regular meeting of the association held_ March 1, 1938. They voted to oppose any change in the Building Code which would permit the construction of a semi- fireproof structure as proposed for the Petigor property. The Supervisor inquired if there were any persons present who desired to address the Board in connection with the matter of the hearing. Mr. Fred Smith appeared before the Board to state that he opposed any variation in the code. He offered figures for the cost of fireproof construction and semi-fireproof construction and asked why the buildings could not be constructed the same as those on the Boston Post Roar, New York City, where a similar project had been completed. Mr. Gustave W. Iser, architect of the proposed Petigor apartments, advised that the buildings on the Boston Post Road, New York City, are tax exempt and that it would be economically unsound to build the Petigor buildings with fireproof construction. hlr. Orson A. Raynor asked several questions in connection with the buildings. Sir. C. C. Merritt appeared in order to express the feelings of the residents of Howell Par'_ . hr. Gilleran, attorney from the office of Clark, Gagliardi, Cunningham L Bailey, stated that it was imperative that the Petigor, apartments be started immediately and that he had brought the archi- tect along to explain the reasons why the amendments should be adopted. The Supervisor inquired as to whether or not there was proper fireproof construction to insure protection to the tenants and firemen in the event of a fire . Mr. Iser stated that the Federal Housing, Administration had made a complete research in connection with this type of con- struction and had found that there had never been a life lost in this kind of a building. He also stated that the cost so far for plans was in the neighborhood of `>18,000 and that never to his knowledge had a builder built an apartment with four apartments off an elevator. The apartments are divided into two Fire resisting units and the stair walls are protected with fire-walls . He also stated that the records in =dashington could be checked to verify what he said. Councilman Meginnisz stated that he was very much interested in the question of safety and fire hazard. Mr. Charles F. plink, a member of the Board of Appeals, stated that he along with others had given these plans great study. After pointing out certain details he said that in his opinion these plans had everything that a town could ask for in the way of fire prevention and construction and that it was comparable with anything in the county. The Supervisor 'then brought up the question of police protection. A letter received from the Board of Police Commissioners dated- February 23, 1938, was read by the To.-an Clerk. They requested that arrangements be made so that all persons entering and leaving the apartments do so through one main entrance and that a doorman be employed for the entrance to each building. Mr. Iser assured the Board that this arrangement would be made. 169 The Supervisor inquired when the town could expect to receive the outstanding taxes amounting to "23, 343.53 against this property. ,4r. F. R. -HacLeay, building engineer, appeared before the Board and offered information in cormection with the cost of semi-fireproof and fireproof construction. The Supervisor inquired as to what his opinion was in regard to semi-fireproof construction. i',i.r. Ma--Leay replied that in a building of this type, without being fully acquairted with the plans, he would say that if a fire department arrived within twenty minutes, there would be little chance of a catastrophe . The Supervisor asked if there were any other persons who wished to be heard. There being none, he declared the hearing closed. The Supervisor stated that the next public hearing was being held_ to consider the -petition of Frank Guadagnola for the issuance of a franchise and/or consent for the operation of busses through the Town of h9:amaroneck, The Town Attorney presented affidavits of publication and posting of the notice, which were ordered filed, and read the petition of D-r. Guadagnola. The Su-per-viscr inquired if there were anv persons present who desired to address the Board in connection with the matter of th.e hearing. Hr. T. B. Jewell, attorney, appeared on behalf of the County Transportation Company, and opposed the issuance of a franchise or consent to Ir. Guadasnola for the o-oeration of busses through the Town of iviamaroneck on the grounds that it would be in corapetition with the County Transportation Company. Although he had not seen any plans for the proposed route, he pointed out that the County Transportation Company in gaining its consent to operate had to agree to thirty conditions. " ode run lateral lines in this corinlimity and we think that we should be protected against this applicant, as they will infringe upon our territory, " he said. Mr. Thomas E. Fasso, attorney, appeared on behalf of Frank Guadagnola and stated that the proposed bus line would not conflict with the County Transportation Company, as they would not take on or discharge passengers in the unincorporated section of t'he Town. PVve are not interested in picking up passengers and transporting: them from town to town, " he said. The Supervisor asked if there was any one else who wished to address the Board in connection with this hearing. There being no one , he declared the hearinm closed. The Supervisor stated that the nett public hearing was being held for the purpose of considering the a-pplication and petition of the Superintendent of Highways for tine proper drainage and improvement of certain highways in the Town of Pllamaroneck filed with the Town Board. at its meeting on January 26, 1 93 8, The Town Attorney presented affidavits of publication and posting of the notice, -which were ordered filed. The Supervisor inquired if there were an'T persons present who desired to address the Board in c3-r ection with the riatter of the hearing. There being; none, he declared the hearing closed.. The following resolution was offered by Councilman Griffin, and seconded by Councilman riandeville : 1 IIIHE pursuant to the application and petition of the Superintendent of Highways of the Town of Mamaroneck, hew fork, presented to the Town Board, for the proper drainage and improvement of certain highways in the Town of Piarnaroneck, pursuant to the provisions of Section 1351 et seq, of HicKinney' s Edition of the Unconsolidated Laws, the Town Board did on the 26th day of January, 1938, adopt a resolu- tion reciting the filing of such application and petition, describing the Town hi--hJVays to be drained and improved and describing the boundaries of the property to be benefited by such improvement, and ordering that the Town. Board meet on the 2nd day of March, 1938 at 8 o' clock P. at the Town Office, 158 `!'lest Boston Post Road, Miamaroneck, 2dea York, to consider such application and petition, and to hear all persons interested in the subject matter thereof and concerning the same; and WHEREAS, a copy of such application and petition of the Town Superintendent of High=r;ays and a copy of J such resolution of this Board, adopted on January 26th, 1938 were duly published in The Paily Times, the official newspaper of the Town, on February 9th, 16th and 23rd, 1938, and was also posted in four public places in the Town on February 9th and 16th, 19389 and UVHEREAS, at a meeting held at the Town Office, 158 Nest Boston Post Road, Mamaroneck, New York, on -Harch 2nd, 1938, at 8 owclock P. r:i. , the Town Board has considered said application and petition of the Town Superintendent of Highways, and has heard all persons who desired to be heard concerning said. application and petition and has taken evidence in regard thereto; RESOLVED, that the Town Board of the Town of ?'fa->aroneck hereby determines as follows- (1 ) That it is to the public interest to grant in full, the -relief sought by the application and petition of the Superintendent of ighways of the Town of iamaroneck; (2) That all the property, property owners and interested persons within the proposed area are benefited thereby and all property or property owners benefited are included. therein; FURT.HR RESOLVED AND ORDERED that the following Town highways in tine Town of Mamaroneck shall be drained and improved in accordance with the plans and estimates submitted by the Superintendent of Town Higbaays; Sheldrake Avenue, from the intersection of Sheldrake Avenue and Holly Place , southerly in Sheldrake Avenue to Forest Avenue and westerly in Forest Avenue to the west branch of the Sheldrake River. PloheFan Road, from D-,ohegan Road through properties of Joseph Acarwpora and the 'Westchester County Park Commission ( Cross County Parkway) 115 feet to an existing brook in Parkway pro;erty, Forest Avenue , from in front of Lots 81, 82 and 83 Sk''ap of Colonial Park, through properties of 4!a-r-v 2. Drews, Troy Bank of Savings, across the northerly end. of Briarcliff Road and through properties of Catherine V. Coleman and Joan Ito. Guthrie to the east branch of the Sheldrake River. Forest Avenue, from in front of the property on the northerly side of Forest Avenue as shown on the Assessment W Map as Block 17, Section 1, formerly known as the Tansey property, easterly about 290 feet to the existing drain at the northwesterly corner of Forest Avenue and Murray Avenue. Murray Avenue Homer Avenue Byron Lane . Di_�nitri Place Dimitri Avenue and Maple NASA (Maple rill Section) from the intersection of Murray Avenue and "roomer Avenue and it Homer Avenue and through existing right of way from Homer Avenue to Hillcrest Avenue. Hillcrest Avenue and Edrewood Avenue, from the northerly side of Hillcrest Avenue to the southerly side of Edgewood. Avenue, through property of the Town of Mamaro- neck known as the =leaver Street Fire House Property. and that the following described property is hereby determined to be the property benefited by the above improvement; BEGINNING at a stone monument set in the ground on the southeasterly side of Boston Post Road 398 feet more or less southwesterly from the southwesterly side of Dillon Road, which said monument is also on the easterly boundary of the City of New Rochelle; thence along the easterly line of New Rochelle as fixed by -resolution of U stchester County Board of Supervisors in 1926, N. 90 491 55" W. 5977. 68 feet to a monument on the southerly line of Mountain Avenue; thence along the southerly line of Mountain Avenue N. 620 538 21P1 E. 149. 32 feet; thence N. 8° 288 3288 W. 3102. 32 feet to a monument in the northerly line of Edgemont Road; thence along the northerly line of Edgemont Road N. 500 401 25'' W. 134.91 feet to a point of curve; thence on a curve deflecting to the right, having a radius of 62. 33 feet 81. 77 feet along the arc to the end of Beechtree Drive as shown on Map of Woodacres filed in the Westchester County Register' s office as Map No. 2207 = thence along the end of Beechtree Drive N. 650 301 05i` W. 50. 0 feet ; thence along the northwesterly side of Beechtree Drive S. 240 291 5561W. 72.20 feet and S. 280 138 55'' W. & . 25 feet to a monument ; thence N. 90 498 55'' W. 3632. 71 feet to a monument; thence still along the boundary of City of New Rochelle and partly along the southerly line of the Village of Scarsdale N. 390 331 35" E. 409. 06 feet to a monument on the easterly side of 'leaver Street; thence along the southerly.- line of the Village of Scarsdale in a straight line 1815 feet more or less to a monument on easterly side of Fenimore Road; thence in a straight line and partly along the southerly line of Griffen Ave-rue 4700 feet more or less to a monu- ment on the southwesterly corner of Griffen Avenue and Old White Plains Road; thence in a straight line passing through a monument near the westerly bank of the Mamaro- neck River to the center line of IOamaroneck River and the Town of Harrison; thence southerly through the center of lamaroneck River as it flowed naturally before it was dammed for the Westchester Joint later Works Reservoir and the westerly line of Town of Harrison to the center of Mamaroneck Avenue bridge over said 'river and to the westerly line of the Village of Mamaroneck; thence in a straight line along the westerly line of Village of Mamaroneck 1396 feet more or less to a drill hole in ledge; thence along the northerly line of the Village of Mamaroneck in a straight line 2620 feet more or less to a monument on the easterly side of Old White Plains Road; thence in a straight line 750 feet more or less to a drill hole in ledge; thence 1495 feet more or less to a monument on the easterly side of Fenimore Road; thence 1995 feet more or less passing through a monu- ment on the easterly side of Rockland Avenue to a point 183.21 feet westerly thereof; thence along the westerly line of the Village of Mamaroneck in a straight line to a monument on the northerly side of Palmer Avenue; -- Qty thence to a monument on the northerly side of Boston Post Road; thence to a monument on the southerly side of Boston Post Road; thence to a monument on the westerly side of Hommocks Road_; thence continuing in the same straight line to the end of Flagler _�Uharf in Larchmont Harbor; thence across Larchmont Harbor to the line of mean high rater on the westerly side thereof and the Village of Larchmont; thence along the line of mean hiShvater of Larchmont Harbor, Little Harbor Sound and East Creek to a -_point therein opposite the easterly line of land known as Larclzmont Shores and the vrzste'rly line of land known as Flint Park; thence southerly on this line extended to the center of East Creek; thence along the center of East Creek as it 'naturally flows to a point in the easterly 5 line of land shovn on a map of Larchmont Manor and filed in the Westchester County Register' s office as map No. 1104; thence along the easterly line of the Villa7e of Larchnont IT. 30 50% E. 825.0 feet; N. 520 03' W. 880.0 feet to northerly side of Boston Post Road: thence along the easterly line of lands shown on i9Iap of Larchmont Knolls filed in =Gestchester County Register' s office as vlap No. 2700 and Map of Howell Park filed in Register' s office of "wlestchester County as Mae No. 2007 and h-,ap Mrs. C. A. Howell filed in office of Register of tiuestchester County Vol. 27 page 60 to southerly line of lands of he,,N York, New Haven and Hartford Railroad; thence continuing northerly throug`c said land to a point in northerly line of the original 66 foot right of way of the New fork, Nev Haven and Hartford Railroad Co. ; thence along said line S. 490 22' lv% 370.0 feet; thence N. 4-00 38' il. 130. 0 feet; thence S 490 229 W. 1098.4 feet to the southwesterly line of Chatsworth Avenue; thence along- the sou'l_- westerly line of Chatsworth Avenue S. 520 30' E. 130. 5 feet to original northerly 66 foot right o_"' way line of New York, wew Haven and Hartford Railroad; thence along said line southwesterly 2250 feet; thence along the westerly line of Village of Larchmont S. 30 54f E. 2545 feet to a point in the northerly line of Boston Post Road before it was widened in 1930; thence along the northerly line of Boston Post Road before it was widened to a point where the westerly line of Lean Place would intersect it, if extended northerly to the said northerly line of Boston Post 'Load; thence along the westerly and southerly line of Dean Place to the westerly line of Oak Avenue, thence along the westerly line of Oak Avenue to the line of mean high- water on the southeasterly side of Preriium River; thence along the mean highwater line of Premium River to the easterly line of land shown on a -reap of Bon Repos, filed in i"uestc'_nester County Register' s office as LTap No. 1273; thence along, the easterly line of said map of Long Island Sound; thence throu^h Long Island Sound and the mean center line between Premium Point and Echo Island, and the mean center line of Premium Mill Pond and Premium Rider to a point therein opposite the dividing line between Lots 15 and 16 as showwn on _'+'Iap of Estate of John Prior filed in the Westchester County Register' s office as Map No. S86; thence along the southerly line of Lots 16517B,17, 16. 19 and 20 on said map to the northerly limits of said map; thence along the westerly line of Map of Hazelhurst Park filed in the office of the Register of destchester County as i,ia-o No. 2692 and ifap of Dillon Heights filed as Yao No. 4670 in the !iestchester County Register' s office and ma_o of Dillon Park filed in the office of 7i,estchester County Register as Map No. 1245 to the place of beginning. eeu ny FURTIE� R RESOLVED, that the Town Board present and submit to the State Comptroller proof as required by Chapter 683 of the Laws of 1933. FURTI-R RESOLVED, that this determination and order be entered in the proceedings of the Town Board, and that a certified copy thereof be recorded in the office of the County Clerk of the County of Westchester. FURTHER RESOLVED, that this determination and order shall be of no force or effect until and unless the State Comptroller approves the above described property as being the property solely benefited by the above improvement , pursuant to Chapter 683 of the Laws of 1933, as ar,endedy Adopted by the following vote: AYES: Supervisor P,icOulloch Councilmen Bates, Griffin, ,ie.inniss, 1,1andeville NOES: None Dated ltiarch 2nd, 1938 Bert C. P� cCulloch Supervisor Owen A. raandeville George V. Bates Edgard C. Griffin Edward B. Meginniss Councilmen At the request of the Supervisor, the Clerk read. an Order of the Town Board calling a public hearing in relation to the creation of the proposed extension to Sewer District 7Vo. 1 in the Torn of iviamaroneck, to be held. on P, arch 2nd, 1933, at eight o' clock P 11r. . the To-vin Offices, Vtest Boston Post Road, in the VillaEe and Town of Mamaroneck, and reported that a certified copy of said Order had been duly published, posted and mailed as re- quired by law. The Supervisor thereupon declared the hearirr�-7 open and asked if there were any persons present who desired to be heard with resn_ ect to the creation of the proposed extension to Sewer District 'No. 1 as requested in the petition therefor filed in the office of the Torn Clerk on October 20th., 1937. The Su_oervisor then asked if there were any persons who desired to be heard on the subject of the proposed extension to Sewer District Yo. 1 , There being no persons who desired to be heard, the Supervisor declared the hearin;_ closed. Councilman Iviandeville introduced the following resolution: RESOLVED 3Y THE' ^7:47? BO ART : 11 - T,D 1711 OF 1.A!v' _ROr E'CT, IN THE, COUNTY OF 1JUE3i'CIP'STER, rnW YORK, as follows: Section 1 . The following Order and Determination is hereby adopted and approved, and when signed by members of this Board present at this meeting con- stituting a majority of the entire Board, the same shall constitute an Order and Determination by this Board: _79 STATE OF NE'.'V yoa7i COTJ-I\TTY OF GVES'TC TESTER TJh;I,? ,Ov I.?APd1AROlr.Cli . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .x IN THE MATTER the establislament of an extension, designated as section "I", to a ORDER and DETERIKTNATION Sewer District No. 1 of the Town ofYamaroneck, County of Westchester, New York. . . . . . . . . . . . . . . . . . . . . . . . ® . . . . . . . . . . . . . . .x l"JHEREAS, on the 20th day of October, 1937, a petition together with a map and plan was ;filed in the office of the Town Clerk of the Town of P=anaronec_ purporting to be signed by the requisite nunber of property owners as required by Article XII of the Town Lary, petitioning the Town Board of said Town to create an extension, designated as section_ "T`t, to Sewer District ,To . 1 of the Towvn of Mamaroneck and the construction of a sewer syste a therein; and WEEREAS, said Towm Board on the 26th day of Jan. , 1938, adopted an Order and caused the same to be entered in the minutes of its proceedings reciting in general terms the filing of said petition, t'ne boundaries of the pro- posed extension, the improvements and services proposed and the estimated expense thereof, and specifying the 2nd day of Pd_arch, 1938, at eight o9clocl. P. 1'. at the Town Offices, l53 !Nin est Boston Post Road i the Village and Town of Mamaroneck, New York, as the time when and the place where said Board would meet to consider said petition and hear all persons interested in the subject thereof and concerning the same; and K. R'EAS, the said ToTrvn Board caused a copy of said_ Order certified by the Town Clem- to be published and posted accordinr, to law and also to be mailed to each of the public service corporations, the nacres of which appear on the latest completed assessment roll of the Town; and d'=REAS, said hearing was duly held at the time and. place so fixed- in said Order; and 1ITHEREAS, proof !,as been submitted to the Comptroller of the State of New York by said Town Board with respect to the desirability of t'_ne creation of said extension to Sewer Dist.riet Slo . 1; and 11I 'REAS, the Comptroller of the State of New York has zmade an in)Testigation and hasfo _nd that the public interest will be served by the creation of such an extension to Sewer District No. 1 and that the cost of the same will not be an undue burden upon the nro- perty of such proposed extension, and has made an Order permitting the creation of such extension, all pursuant to Chapter 683 of the Laws of 1933 of the State of New York, as amended, and Wh'EREAS, said. Town Board bas caused a copy of the aforesaid map and plan to be submitted to the State Department of Health; and 'J=REAS, said- map and Galan was approved by the State Department of Health and as so approved was duly filed in the office of the State Department of Health and in the office of the Town Clerk of the Town of Mamaroneck. Noel, therefore, it is hereby ORLERED and DETERMIINED as follows : 1. It is in the public interest to grant the relief sought by the petition referred to in the recitals hereof, and the relief sought by such petition sball _ be granted. 2. Said r �.,_ petition i s signed or acknowledged or proved as required by law and, is otherwise sufficier_t. 3. An extension to Sewer District No. 1, designated as section "I" is 'hereby created and established in the Town of N_amaroneck, Westchester County, New York, pursuant to the provisions of Article XII of the Town Law of the State of New 'fork, as amended, said exten- sion to include the lands and premises as described in said petition and shown on a man entitled: "Pro- posed Extension to Sewer District Rio. 1, to be designated section ' I' as amended", prepared by A. J, Foote, Civil Engineer , Larchmont Il�ew work and filed in the office of the Town Clerk of the Town of Mamaroneck. The lands and premises included in said extension hereb-,r created and established are more particularly bounded and described as follows; BEGINNING at a point in the northerly boundary line of "Rouken Glen; Bonnie Eriar Section" where the same is intersected by the easterly boundary line of Section E. of Sewer District No. 1 and. running thence: northeasterly alon_ the northerly boundary line of "Kooken Glen °`, Br nn.ie Briar Section, to the northeasterly corner of the Rouken Glen Subdivision, thence southeasterly along the easterly line of said subdivision and the westerly boundary line of the "Bill Estate" to the northerly boundary line of lards belonging to Westchester County, known by and as the "Cross County Parkway", thence northeasterly and south- easterly along the said northerly boundary line of the Cross County Pa-rkvvay and southerly boundary line of "Bill Estate" to the westerly boundary line of lands shown on map entitled "Fenimore Cooper Park, Inc . " Section G, filed in Register' s Office as DIap No. 2804; thence northeasterly and northwesterly along the boundary line of "Fenimore Cooper Park, Inc. " and. "Bill Estate" to a point about 150 feet westerly from the northwesterly corner of Lot 144 as shown on a "Map of Larcbmont Ridge, Section 8, filed in Register' s office as Map I3?62, thence northeasterly along the rear of Lots 144-144A and 145 to the westerly boundary line of Lot 36 as shown on a map entitled "Ya' n of Fenimore Cooper Park, Inc. " Section E. filed in Register' s office as Nap NO. Vol. 55, page 80, thence northwesterly and northeasterly along the boundary lines of Lot 36 to the westerly lime of Fenimore Road; thence northeasterly to the northeasterly corner of Lot 29 as shown on a map entitled, `dap of Fenimore Cooper Park, Inc, ", Section D. filed in the Register' s office as !lap No. Vole 55, page 79; thence southeasterly along the easterly boundary line of Lot 29 to the northeasterly corner of Boulder Brae Road; thence southeasterly across lands of ,dinged_ Foote Holding Corporation to a point in the northwesterly corner of Lot 25 as shown on map entitled, "_Man of Fenimore Cooper Park", Section C. , filed as flap iTo. 2514, thence along the rear of Lots 25-41 x_ 83 and 40 on above subdivision to the southeasterly corner of Lot 40; thence southeasterly through lands of John J. Murdock by a line parallel with and 150 feet easterly from the easterly line of Fenimore Road to the boundary line of the incorporated Village of iamaroneck; thence southwesterly along the boundary line of the `Tillage of Mamaroneck to the easterly line of Fenimore Road which is also the boundary line of Section F. of Server District No. 1; thence northwesterly along the easterly line of Fenimore Road and the boundary line of Section F to the northerly boundary line of Section F; thence southwesterly, southeasterly and southerly along the boundar;;r of Section F to the southerly line of the "Cross County Parkway"; thence southwesterly along the boundaries of Section F and C to the easterly boundary line of Section E; thence northerly through the Parkway and through Rouken Glen, Bonnie Briar Section along the boundary line of Section E to the point or place of Beginning. All as shovin on a certain map entitled "Town of Mamaroneck, ',"iestchester County, Nev York, Pro- posed Extension of Sewer District No. 1 to be designated as Section I. as amended, made by A. J. Foote , Civil Engineer, dated September 30th, 1036". 4. All of the property, property owners and interested persons within said sever extension will be benefited by the construction of the proposed sewer extension therein, and all the property and property owners who will be benefited by such construction are included in said extension. 5. A sewer system shall be constructed in said extension substantially in accordance with the map and plan pre- pared. by A J. Foote, Civil Engineer, Larchmont, New York, and approved by the Department of Health of the State of New York on October 7th, 1936, and filed in the office of the State Department of Health and thereafter filed in the office of the Town Clerk of the said Town of Mamaro- neck on the 20th day of October, 1937. The maximum amount to be expended for the construction of said sewer system shall be the sum of X100,000. DATED: March 2nd, 1938. T0Wlk,T BOARD OF THE TOWN OF MAMARONECK BY ATTESTED: Robert D. Payne Town Clerk Section 2. A signed o_ and Determination shall be of the Clerk of the County Bert C. McCulloch Ovien A. Mandeville George V. Bates Edward C. Griffin Edward B. ;Ieginniss r certified copy of said Order duly recorded in the office of uestchester. Section 3. This resolution shall take effect imme- diately. On motion of Councilman Yandeville , seconded by Councilman Griffin, the foregoing resolution was adopted by the following vote : AYES: Supervisor P.icCulloch Councilmen:Bates, Griffin, vleginniss Mandeville NAYS: None The Board thereupon resumed the regular order of business: 187-> A statement was received from the Receiver of Taxes and Assessments certifying that the amount of the 1931 tax levy for Union Free School District No. 1 remaining uncollected as of March 2, 1938, was ,.114, 654. 65. Councilman Mandeville introduced_ the following resolution: RESOLUTION AUTHORIZING THE ISSNCE OF 100,000 t7A CERTIFICATES OF INDEBTEDNEtSS IN ANTICIPATION OF UNCOLLECTED TA_ S LEVIE7 FOR SCHOOL PURPOSES . RESOLVED BY THE TOWNT BOARD OF TIE TOAN OF MAIJAROS,�IECK, IN THE .. COLITY OF WESTCILSTLR, N '! YORK, as follows: Section 1. In anticipation of the receipt of taxes levied for school purposes and unpaid. in Union Free School District No. 1 of the Town of Iamaroneck for the fiscal year beginning_ July 1, 1937 and ending June 30, 1933, the sure of 6160,000 shall be borrowed on the credit of the Town, pursuant to Chapter 105 of the Laws of 1916 of the State of New York, as amended, and a Certificate, or Certificates, of Indebtedness of the Town in said amount shall be issued. to evidence said loan. Section 2. It is hereby determined and declared: (a) The total amount of taxes levied in said school district for school purposes for said fiscal year, is 934. (b) The total amount of said taxes outstanding and uncollected is ?1145654. 65. ( c ) The total amount heretofore borrowed and_ outstanding in anticipation of the collection of said_ taxes, is none. Section 3. The folio.^aina matters in connection with said Certificates of Indebtedness are hereby determined: Denomination Date Maturit7 Number Interest rate per annum �,100,000 I§larch 15,1938 July 1, 1938 T. F. _F"2 To be determined by the Supervisor, not exceeding 6/a Form: Substantially as provided in resolution adopted November 18, 1936, except that the purpose as set forth in the second Para ;raph of said form shall be stated as t`for money borroG^red in anti- cipation of the unpaid school taxes levied in said Town for Jr-ion Free School District No. 1 for the school fiscal year com.lencing July 1, 1937". The Supervisor is hereby authorized to determine all matters in connection ,.vith said Certificates of Indebtedness, the determination of which is not otherwise provided for by this or subsequent resolution, and his signature upon said Certificates of Indebtedness shall — be conclusive as to such determinations. Said Certi- ficates of Indebtedness shall be signed b<T the Supervisor and countersigned by the Town Clerk, and shall have the seal of the Town affixed thereto. The Supervisor is hereby authorized and directed to sell said Certificates at private sale at not less than par, without advertise- ment or public bidding, and to deliver the same to the purchaser upon receipt of the purchase price, plus accrued interest from the date of the Certificates to the date of delivery. 187 On motion of ldr. Mandeville, seconded by TIr. 1,1eginniss, the foregoing resolution was adopted by the following vote : AYES: Supervisor 2??cCulloch Councilmen Bates, Griffin, Mandeville, Meginniss NOES: None The Town Clerk read a petition received from property owners residing along the Boston Post Road betziveen Dean Place and the r„e;J Rochelle boundary line, requesting, that the house numbers be changed_ so as to correspond and continue with the Larchmont numbers in order to avoid confusion which they have experienced. Upon motion by Councilman ]andeville , seconded by Council- man Bates, it was unanimously RESOL HE'D, that the To-.in Engineer and the Town C1er'_ be and they hereby are instructed to make the new arrangement as suggested in the petition. The Torn Clerk read a letter dated February 28, 1938, received. from Sidney _ Peters, Secretary of the Fire Council, in which he certified the list of officers elected at the annual meeting of the Fire Department held February 21, 1938. The Board requested that the letter be laid over for the next meeting. The Town Clerk read a letter dated February 28, 1933, from Sidney A. Peters, Secretary of the Fire Council, in which he reported that the Fire Council had held a meeting on February 25, 1938, and had appointed Richard B. LeVino as Acting Chief of the department for the duration of the illness of the nearly elected Chief, Charles E. Heywood. This is subject to the approval of the Tour. Board. The letter was laid over for the next meeting. The annual report of the Supervisor for the fiscal year ended December 31, 1937, was received and. filed. Coriptroller Luce-no on behalf of -Highway Superintendent Foote presented to the Board the annual Agreement for the Expendi- ture of `Tighrvay Honeys for the Year 1938. The expenditures as agreed_ upon are as follows: Average per Tile, $445.42 for 24.72 miles. . . . . . . . . . . .w11,257. 99 Total special improvements. . . . . . . . . . . . . . . . . . . . . . . . . . 6, 228. 12 Reserve fund. . . . . . . . . . . . . . . . . . . . . 1, 900.00 Payment of orders Nos. 1 to 40 inclusive, ) for expenses incurred and paid from 'the ) 6,603.68 let day of January to date of this agree- ) ment. Total. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . `'25, 989.79 Upon motion by Councilman Landeville, seconded by Councilman Bates, it was upon roll call, the Supervisor not voting, unanimously RESOLVED, that the Supervisor be and he hereby is authorized to sign the annual Agreement for the Expenditure of Highway Phoneys for the Year 1938 The Tc:-Tn Clerk presented the annual contract bet,.reen the Larchm.ont-Piamaroneck Humane Society, T_ne. and the Town of Mamaronec<_ for the year 1938 for the purpose of the capture and impoundage of all doc-s found unlicensed and running at lar-e in the To,::'n of 11"ama- roneck. On motion by Councilman Griffin, seconded by Councilman Bates, it ias upon roll call, the Supervisor not voting, ana-imously 189 RESOLVED, that the Supervisor be and he hereby is authorized, empowered and directed to sign the contract between the Larchmont-Mamaroneck Humane Society, Inc, and the Town of Mamaroneck for the year 1938. The Town Clerk read. a letter dated March 5, 1938, received from Edward D. Loughman, Receiver of the Larchmont Fatioval Bank and Trust Company, in which he offered a proposal concerning a sale of the building known as the Larchmont Yational Bank and Trust Com- pany located at the corner of the Boston Post Road and Larchmont Avenue, Larchmont. After much discussion the Board decided that it could not consider this proposition at the present time. The Town Clerk was instructed to write a letter expressing the Board' s anpre- ciation for the opportunity extended by Pair. Loughman. ieir. Ivan S. Flood, attorney, appeared before the Board on behalf of i'lessrs. Schor and Martino to inquire as to the possibility of a settlement of their claims against the Town for alleged dai_ages caused by a Town drain. The matter was referr ed to the Town Attorney. T'_n_e Town Attorney stated that he recommended the settle- ment of certiorari proceedings instituted by SPLIT ROCK HOLDIDiG CORPORA=±?, to review the assessment upon a parcel of property in the Village of 3,4alnaroneck, known as Section 9, Block. 313 Lots i7 and 18A for the year 1937, on the basis of a reduction in the assess- ment from X135,000 to s31301000. Upon motion made by Councilman C=riffin and seconded by Councilman Bates, the followirz resolution was unanimously adopted: X-TIE'REAS, heretofore and on or about the 14th day of October, 1937, a „vr,.t of certiorari ;, as obtained by SPLIT ROCK HOLDIYG CORPORA^LION, owner of Section 9, Block 31, Lots 17 and 1SA, to review the assessment upon the premises owned by it; and wZ�REAS, return to such writ was duly filed by the Assessor and Board of Review on or about the 15th day of November, 1937; and Id '_--HEAS, Earle P. Hite , Esquire was appciizted Referee and certain hearings were held before him; and WNT'REAS, n the Town Attorney and Assessor recoriend, to this Board that the ;proceedings be settled and discontinued u-oon the reduction of the assess- ment for the year 1937, from $135,000 to �is130,000; N0'a', , THEREFORE, BE IT RESOLVED, that the assessment for the year 1937, upon property '_mown as Section 9, Block 3'-, Lots 17 and 18A, assessed- at "x.135,000 be reduced to .�;130,000, provided the certiorari proceeding not-v pending in the name of SPLIT ROCK HOLDING CORPORA- TION be discontinued; further provided that the costs to be paid by the Town of Yamaroneck shall not exceed the sum of (1,75. FURTInMR 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. Councilman Landeville reported that he and 2(r. Foote had located the milestone which was missing from the Boston Post Road near Dillon Park. It is now on the estate of John Rutherford. He statesd that he thought that the milestone would be returned if the Town Attorney would write a letter to the Rutherfords requesting permission to move it from its present location. The _:patter was referred_ to the Town Attorney. 19 Councilman Bates reported that the work in connection with the drains was progressing rapidly, Councilman =r•iffin inquired as to what was being done about the proposed project in connection with the re-surfacing of the parking space at the Larchmont station. Town Engineer Foote advised that there is some question regarding the lease. The '�vf. P. A. officials request that the term of the lease be for the life of the improvement. The matter was referred to Ton Attorney Delius. Councilman Griffin reported that the plan for havins a medical officer had been submitted to the State authorities for approval. Councilman Griffin presented the Public °=welfare Depart- ment report for the month of February 1, 1938, which was received and filed. Councilman Griffin presented a petition from the Assessor dated iiarch 2, 1938, for the correction of the assessment -roll so as to permit the apportionment of taxes. Upon motion by Councilman Griffin, seconded by Councilman Mandeville, it was unanimously RESOLVED, WHEREAS, the Assessor has petition dated March 2, 1938, f or t of the assessment roll for the year of 1938, pursuant to the provisions of Chapter 105 of the Laws of 1916, known as the ?'Jestchester County Tax presented a ie correction 1937, taxes of Section 33 as amended, Act; and '.^FFEREAS, after due consideration this Board finds it desirable to grant said. petition for the correction of said assessment roll; NO'dI, TI-JIREFORE, BE IT RESOLVED, that the assessment roll for the year 1937, taxes of 1938, which shows property new appearing on the rolls as follows: Section Block Lot Owner Land Imp. Total 8 81 3C; 43 Uirgilio Corti -2,000 11100 X3,100 8 31 3D,4A " 4,200 5, 800 10,000 be corrected as follows, in accordance with the provisions of Subdivision 5 of Section 33: Section Block Lot Owner Land Irap. Total. 8 81 3C1; 4B Vir ilio Corti $1, 900 612100 39C00 8 81 3D1,4A er a 3, 700 5, 800 9,500 8 81 3C213D2 Maria N. Corti 600 - 600 FURT :51R RESOL':TZD, that the assessment roll for the year 1939, taxes of 1938, which shows property now appearing on the rolls as follows - Section Block Lot Owner Land Imp. Total 2 43 30 to 37 Pauline Guglielmo , 4, 400 - jt45400 be corrected as follows, in accordance with the provisions of Subdivision 5 of Section 33: 93 ection Bloc?: Lot Owner Land Imn. Total 2 43 30, 31,32A Pauline Guglielmo Yp1, 400 - �l 400 2 43 32B 33 34 " " 1 400 1 400 2 43 35536137 67 2, 600 1y600 '' " 4, 500 FURT-�LR RESOLVED, that the assessment roll for the be corrected year 137, taxes of 1938, which shows property now appearin on the rolls as fo11ocrs: Section Block Lot Owner Land I1Il0. Total 7 56 1A Marion L. Steele X65,000 $`.17, 500 82, 500 be corrected as follows, in accordance with the provisions of Subdivision 5 of Section 33: Section Block Lot Owner 7 56 ZA Eulalie C. 7 56 lE Rudolph J. FURTHER RESOLVED, that th year 1937, taxes of 1938, appearing on the rolls as Lard Imp. Total Hanson `!;49,000 X17, 500 J;66, 50C Schaefer 16,000 - 181000 assessment roll for the which shows property now follows: Section Block Lot :owner Land Imp. Total 7 67 152, 3 Larch. Plat° 1 Bank, Rec.>.�8, 500 - z� 8, 500 7 67 455B '' " 4, 500 7,500 12, 000 be corrected as follows, in accorda-,�oe with the provisions of Subdivision 5 of Section 33: Section Block Lot O,,vner Land imp. Total 7 67 lA,2A,3A Grace McB. Ferrall 7,200 - $>7,200 7 67 1312B,3B5 4,5B Charles C. Ferrall 5, 800 87,500 131300 FLIRTR 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 1 65 44,45, Andrew Verace $2,400 $1,500 96, 97 be corrected as follows, in accordance with the provisions of Subdivision 5 of Section 33: Section Block Lot Owner Land Im2 1 65 44,45 George Speidell X1, 500 1 65 96, 97 Andrew Verace 900 plp5oo FUR^Tim R RESOLVED, that the assessment roll for the year 1937, taxes of 1938, which shows property now ap-oearinc on the rolls as follows: Total $3, 900 Total 1,500 2, 400 Section Block Lot Owner Land Imp. Total 9 78 112 Ntid-Orienta Prop. Inc.° 5, 250 - 51250 be corrected as follows in accordance with the provisions of Subdivision 5 of Section 33: Section Block Lot 9 78 1,2A 9 78 2B Owner Land. Imp. Mid-Orienta Prop. Snc.l?`45250 - Alice B. Sharp 1,000 Total a49250 1,000 19 5) The Supervisor advised the Board that he had stopped. at the -V. P. A. headquarters at Nhite Plains to inquire about the present arrangement for the employment of men in connection with the 'Town projects. Although the arrangement is not entirely satis- factory, the `i , P. A. authorities are cooperating a whole lot better nory than they have in the past. He reported that there are 651 men employed on projects within the Town, 274 of which are residents of the Town of 7,1amaroneck. There are 19 men working on projects outside of the Town of Miamaroneck. The Supervisor stated that he had received a request from Mr. H. _. Dyke, 15 Shadow Lane, Larchmont, offering to pay certain tax arrears in the face amount of the lien plus interest at 6 -per cent per annxa on property known as Section 6, Block 27, Lot 259 Section 6, Block 33, Lot 24 and Section 6, Bloch 33, Lot 22. On motion by Councilman ,iandeville, seconded by Councilman Bates, it was unanimously RESOL-ED, that the Receiver of Taxes and Assessments be and he hereby is authorized, empowered and directed to accept payment of taxes for the year 1920 and 1926 on Section 6 , Block 27, Lot 25, fcr the year 1930 on Section 6, Block 33, Lot 24 and for the years 1930 and 1931 on Section 6, Block 33, Lot 22, the liens for which are held by the Town, in the face amount of the liens plus interest computed at 6 per cent per annum. The Super-.;isor recommended that the question in connection with 'he application of '-'rank Guadagnola for a franchise and/or consent to operate buses through the Town be laid over until the Board receives information as to the action of the two villages, ,There applications have also been presented. He stated that the applicant did not propose to take on or di-scharge passengers in the unincorporated area, and since le does intend to do this in the villages, it does seem that the villages should be more interested in this matter than the Town. The Board decided to lay the matter over until it receives the information mentioned. The Supervisor talked with reference to the change in the Building Code and stated that he drew from the discussion at the hearing that the Fire I�epartrnent was not opposed to the change in the code . .After a lengthy discussion in which the Board. considered all that was Said at the hearing concerning the proposed amendments to the Building Code the following -resolution was introduced by Councilman U'andeville, seconded by Councilman Griffin. 'NHEREAS a public haering was this day held for the purpose of considering the enactment, of certain amendments to the Building Code or Ordinance of the Town o Mamaroneck, which was heretofore duly adopted by -resolution on February l7th, 1937; and uVP-7RE'AS there has been submitted to this Board amendments prepared by the Town Attorney with the assistance of Charles F wink, which amendments have been approved by the Town Engineer, Fire Council and Building Inspector; and 197 WHEREAS this Board has duly considered the protests and objections made against said amendments to the Building Code and has also heard all parties desiring to be heard in favor of such amendments; NO'.°J, T`TEEtEFORE, BE IT RESOLVED, t1at the Town Board of the Town of Mamaroneck hereby enacts the following amendments to the Building Code adopted February 17th, 1937- Article 4, Section 7, Subdivision 3 (a) SEN.,I-FIREPROOF CONSTRUCTIwf?, is hereby amended to read as follows: Article 4, Section 7, 3 SEMI-FIREPROOF CONSTRUC'TION (a) Pc'altiple dwellings not more than 6 stories or 70 feet high, if erected in a "B" Graduated Height District, as defined in Article IV, Section 16 of the Zoning Ordinance of the Town of ii,amaroneck duly adopted and. amended by resolution of the Town Board, adopted January 20th, 1937 or as hereafter amended, and as shown on the Zoning Mao whic'n accompanies said Ordinance . Article 4, Section 7, Subdivision 4 (a) FIREPROOF CONSTRUCTION, is hereby amended to read as follows: Article i, Section 73 4, FIREPROOF CONSTHUC'T' 01N (a) t,4altiple dwellings iaore than 4 stories or 45 feet high if erected in a "C" or "D" 70 foot Height District, as defined. in Article IVY Section 16 of the Zoning Ordinance of the Town of Mamaroneck, duly adopted and amended b ,T resolution of the Town Board adopted January 20th, 1937, or as hereafter amended, and as shown on the Zoning 1,dap which accompanies said_ Ordinance . Article 5, Section 10, RESTRICTIONS AS 'I'0 FLOOR AREAS, is hereby amended to read as follows : Article 5. Section 10, RESTRICTTOFIS AS TO FLOOR AREAS . The floor area between exterior or fire-walls of buildings of :semi-fireproof and frame construction shall not exceed the following- 5, 000 square feet when facing on only one street; 6,000 square feet when facing on two streets; 7, 500 .square feet when facing on three or more streets, provided that in multiple dwellings the floor area between exterior or fire-walls of buildings of semi-fireproof con- struction, shall not exceed: 2,500 square feet when facinm on only one street; 3,000 square feet when facing on two streets; 3, 750 square feet when facing on three or more streets. An increase of 66 2/3 per cent of the above floor areas !dill be permitted in buildings equipped- with automatic sprinklers Article 5, Section 19, is hereby arlend_ed to read as follows: Article 5, Section 12 (a.) The Building Inspector when so directed by the Town Board, may modify the require=ments of this Ordinance or impose greater restrictions when the wel:'are of the public and the interest of the owner will be promoted by such action but nothing, contained in this section shall be construed to rive the Building Inspector power to vary any of the terms of the 11 C ,.1 Zoning Ordinance or ZoninL,; Restrictions as contained in the Zoning Ordinance duly adopted by the Tom board of the Town of Kfamaroneck, as now in force or as hereafter amended. {b} The Building Inspector m.ay permit the use of any struc- tural roateri.als for the use for which they are certified by recognized authorities for the testing of such materials. Article 13, Section 70, rL L OIL EQUIPTENT, is hereby amended to read as follows: Article 13 Section 70, FULL OIL FQUIPIvEN1' 1. No fuel oil burner or equipment shall be installed until a permit therefor has been 'issued by the Building Inspector. The fee for issuing such permit or certificate shall be 85. and shall be paid to the Building Inspector® No fuel oil burner or egaipr;ent shall be installed except in conformity with the Regulations for the Installation. of Fuel Oil Burners made by the Eaticnal Board of Fire Underwriters. The Building Inspector shall make or cause to be i: ade an in- spection of any oil burner and equipment before it is operated and may make or cause to be made a re-inspection of such installation whenever he deems it necessary in the interests of public safety and may upon written notice for cause revoke any certificate of approval that has been issued. FURTHER RESOLV D treat the Totir. Clerk publish the aforesaid amendments to the Fta_!_ld nu Code or Ordinance in the wily limes, the official newspaper heretofore d_esi.nated, and post printed copies thereof in at least three public places in the Town as provided in Section 133 of the Town Laar, and that an affidavit of the publication and hosting. thereof be filed with the Town Clerk. The foregoing resolution was ad.onte.� by the following vote: AYE'S : Supervisor ?r?cCulloch. Council , en Bates, Griffin, 1,andeville Prle gi nni s s NOES: None The Supervisor made a report in connection tenth the, annual 'r_eetinq -?f the t.ssociation of Towns of the State of l+ew York. He stated that it be a year before anything could be done to have the State assume the responsibility of raising all the funds for relief. The Supervisor reported teat he had called upon Ia`r. Harry Yates, Deputy Comptroller of the State of New York, to di se ss the possibility of refur_dir.- the bonded indebtedness of the Town. This arrangement would prove to be quite costly. The Supervisor stated that he thought that r. Charles F. _v-I- should. be employed ise the construct _ to supervion of the Petigor apartments and to work iii con,Iu_nction with Building in- spector Cownan, . Follo^ring some discussion concerning Fire, Lighting and Water Supple District ?'?o . 1 Mr. Delius rias authorized by the Board to dray up the necessary petition and other papers in con- nection with this district . zd-i Upon motion by Councilman "leIandeville , seconded. by Council- man bates, it was upon roll call unanimously R;SC)II-T D, that Plir. Henry D. Brennan be employed to circulate the necessa-ry petition in connection ith Fire, LiEhting and_ 'Afater Supply District -Fo. 1 . At 11:45 P . Y. t:ne Board u-nani=mously resolved to adjourn. T own C" l