HomeMy WebLinkAbout1938_03_08 Town Board Minutes c
SPECIAL MEETING OF THE TOWN BOARD
TOPTN OF 3tlAMARONECK, N . Y.
HELD MARCH 81 1938
At the Town Offices, 158 West Boston Post Road, Mamaroneck, N. Y.
The meeting was called to order by Supervisor McCulloch
at 3: 00 P. A'i.
Presents Sunervisor
Councilmen:
Absent : None
McCulloch
Bates, Griffin,
Meginniss
Pliandeville,
The presence was also noted of Town Clerk Payne, Town
Attorney Delius and Town Engineer Foote.
The Supervisor inquired as to what the attitude of the
Board would be in regard to requesting the County to take over and
maintain that part of Palmer Avenue in the Town of Mamaroneck
which is not now being maintained by the County.
Following some discussion, in which many reasons were
pointed out as to how this Would benefit the local taxpayers,
Councilman lu:eginniss moved and Councilman Bates seconded the motion
to adopt the following resolution:
WHEREAS, the County of 1Vestchester now .maintains
Palmer Avenue in the Town of Mamaroneck from !4iount
Pleasant Avenue, southwesterly to the Village of
liiamaroneck®Town of Namaroneck line, as part of
County Road 44 and also maintains Palmer Avenue
in the Town of Mamaroneck and Village of Larch-
mont in a westerly direction through the Village
of Larchmont and Town of Mamaroneck into the City
of New Rochelle, as County Road 67 and part of
County Road 67-II;
N04t1, THEREFORE. BE IT
RESOLVED, that
Appropriations
of Westchester
part of Palmer
not now mainta
a County Road.
this Board request the Budget and
Committee of the Board of Supervisors
County to take over and maintain that
Avenue in the Town of Mamaroneck,
fined by the County of Westchester as
FURTHER RESOLVED, that the Supervisor of the Town
is hereby authorized to present this resolution to
the Budget and Appropriations Committee and/or the
Board of Supervisors of Westchester County, forthwith.
The resolution was adopted by the following votes
AYES- Supervisor IuicCulloch
Councilmen: Bates, Aiegintiss, Griffin,
Mandeville
NOES: None
The Supervisor stated that he recommended the settlement
of certiorari proceedings instituted by (1 ) Helen H. Rathvon and
N. Peter Rathvon to review the assessment for the year 1935 on
property known as Section 9, Block 105, Lots 38, 39, 40, 41, 42 and
43; (2) Helen H. Rathvon to review the assessment for the year 1936
on property known as Section 9, Block 105, Lots 38 to 43 incl. ,
and (3) Neal R. Andrews to review the assessment for the year 1936
on property known as Section 9, Block 105, Lots 67, 68B, 27 to
32 incl.
05
Councilman Bates moved and Councilman Griffin seconded
the motion to adopt the following resolution:
WHEREAS the Town of Mamaroneck heretofore acquired
certain tax liens at the tax sales held on May 27th,
1931; May 25th, 1932; June loth, 1933; May 23rd, 1934;
June 19th, 1935; May 27th, 1936 and May 26th, 1937,
respectively, which represented the State, Town, County
and School district taxes for the years 1930, 1931, 1932,
1933, 19341 1935 and 1936, covering certain lots or
parcels of land owned by Helen H. Rathvon, N. Peter
Rathvon and Neal R. Andrews, and which are described
on the assessment map of the Town of Mamaroneck as
Section 91 Block 105, Lots 41, 427 43; Section 9 ,
Block 105, Lots 27, 28 and 29 and Section 9, Block 1051
Lots 67 and 66B; and
WHEREAS heretofore on or about the 11th day of Septem-
ber, 1934, the Town of Mamaroneck commenced proceedings
to foreclose the tax liens upon Lots 27, 283 43, 67 and
68B, which actions were to foreclose the tax liens ac-
quired by the Town in the years 1931, 1932, 1933 and
1934 which foreclosure proceedings are still pending;
and
WHEREAS heretofore and on or about the 11th day of
October, 1935, two writs of certiorari were issued
upon the petitions of Helen H. Rathvon and A. Peter
Rathvon respectively, pursuant to orders entered by
Mr. Justice William F. Bleakley of the Supreme Court,
which writs were to review the assessments for the
year 1935 for the 1936 taxes on the following lots or
parcels on the assessment map of the Town of Mamaroneck:
to which writs, returns were filed by the respondents,
and no further proceedings have been had; and
WHEREAS heretofore and on or about the 7th day of
October, 19361 a writ of certiorari was issued upon
the petition of Helen H. Rathvon, pursuant to an
order entered by Mr. Justice Frederick P . Close of
the Supreme Court, which writ is to review the
assessments for the year 1936 for 1937 taxes on the
following parcels or lots on the assessment map of
the Town of Mamaroneck:
Section Block Lot Land Improvements Total
9 105 38 to 43 incl.$60,000 $455000 $1051000
to which writ, return was filed by the respondents, and
no further proceedings have been had; and
WHEREAS heretofore and on or about the 1st day of
October, 1936, a writ of certiorari was issued upon
the petition of Neal R. Andrews, pursuant to an order
Helen
H. Rathvon
Section
Block
Lots
Land Improvements
Total
9
105
3813940
,$28,000 145,000
Q73,000
9
105
41
77500
7,50 0
9
105
42
6, 000 -
62000
N. Peter Rathvon
Section
Block
Lot
Land Improvements
Total
9
105
43
x"18,500
18,500
to which writs, returns were filed by the respondents,
and no further proceedings have been had; and
WHEREAS heretofore and on or about the 7th day of
October, 19361 a writ of certiorari was issued upon
the petition of Helen H. Rathvon, pursuant to an
order entered by Mr. Justice Frederick P . Close of
the Supreme Court, which writ is to review the
assessments for the year 1936 for 1937 taxes on the
following parcels or lots on the assessment map of
the Town of Mamaroneck:
Section Block Lot Land Improvements Total
9 105 38 to 43 incl.$60,000 $455000 $1051000
to which writ, return was filed by the respondents, and
no further proceedings have been had; and
WHEREAS heretofore and on or about the 1st day of
October, 1936, a writ of certiorari was issued upon
the petition of Neal R. Andrews, pursuant to an order
entered by Ur. Justice Frederick P. Close of the
Supreme Court, which writ is to review the assessments
for the year 1936 for the tax of 1937, on the follow-
ing parcels or lots among others, upon the assessment
map of the Town of Mamaroneck:
Section Block Lot
9 105 67,68B
9 105 27 to 32
incl.
Land Improvements Total
$11,375 v, - $,11475
52,500 502000 1021500
to which writ, return was filed by the respondents, and
no further proceedings have been had; and
WHEREAS the said N. Peter Rathvon and/or Helen H.
Rathvon and Neal R. Andrews have made an offer to
settle and compromise the several liens upon the
lots hereinafter more particularly described, now
owned by the Town of Mamaroneck, and also to dis-
continue the certiorari proceedings hereinabove
referred to, upon the basis of an assessed valua-
tion mutually satisfactory to the said -property
owners and the Town Board of the Town of Mamaroneck,
and this Board considers it for the best interest
of the Town to accept the compromise payment for
the several liens and to discontinue the certiorari
proceedings upon the reductions in assessed valua-
tions for the years in question as hereinafter
stated;
NOW, THEREFORE, BE IT
RESOLVED, that the Town Board of the Town of
Mamaroneck accept in compromise and settle-
ment upon the property described as follows, on
the assessment map of the Town of Mamaroneck,
the following sums for the liens acquired by the
Town for the several years hereinafter stated;
Section 9, Block 105, Lots 41, 422 43, liens sold
to the Town of Mamaroneck in the years 1931, 1932,
1933 and 1934, representing State, County, Town
and School taxes, interest and penalty included,
for the years 1930, 1931, 1932 and 1933; Section 9,
Block 105, Lot 43, liens sold to the Tobin in the
year 1935, representing State, County, Town and
School taxes, interest and penalty included, for the
year 1934; $1,791. 67.
Section 9, Block 105, Lots 27, 28, 67, and 68B, liens
sold to the Town of Mamaroneck in the years 1931 to
1937 inclusive, representing State, Town, County and
School taxes for the years 1930 to 1936 inclusive,
(interest and penalty included) ; Section 9, Block 105,
Town of Mamaroneck. in the years
y'ey rep°esen`___g" State, County, Town and School
taxes for the years 1930 to 1933 inclusive and 1936
(interest and penalty included) $;5,046.82.
0
1931 to
FURTHER RESOLVED that the Supervisor is hereby
authorized to execute and deliver all necessary
instruments on behalf of the Town of Mamaroneck, to
make such compromise and settlement effective and
that the Town Attorney is authorized to enter an order
discontinuing the foreclosure actions now pending, so
far as they affect the foreclosure of tax liens, upon
any of the above lots, acquired by the Town as aforesaid.
FURTHER RESOLVED that the 'Town Attorney is authorized
to settle the pending certiorari proceedings instituted
by Helen H. Rathvon, N. Peter Rathvon and Neal R. Andrews,
insofar as they affect the parcels or lots
hereinafter more particularly mentioned by
consenting to a reduction in assessed valua-
tion for the years 1935 and 1936 (taxes of 1936
and 1937) as follows:
1935 Assessment (1936 tax)
Section Block Lot Land Improvements Total
9 105 38839140 $210500 041,000 $62,500
9 105 41 5,500 - 5,500
9 105 42 5,000 a 5,000
9 105 43 10,000 - 10,000
1936 Assessment (1937 tax)
Section Block Lot
9 105 38
to
43
inc.
9 105 6716SB
9 105 27
to
32
incl.
Land Improvements Total
$42,000 x¢41,000 $837000
60000 - 63000
40,000 503@00 900000
FURTHER RESOLVED that the above compromise of
tax liens and discontinuance of certiorari pro-
ceedings upon the basis of reduced assessed
valuations is accepted and approved on condi-
tion that all taxes and tax liens upon the
aforesaid several lots for the years prior to
1936, be paid as compromised, and the taxes
for the years 1936 and 1937 on the basis of
the reduced assessed valuations as hereir_above
stated, be paid to the Supervisor and/or the
Receiver of Taxes on or before the lst day of
April , 1938.
The resolution was adopted by the following vote:
AYES: Supervisor McCulloch
Councilmen: Bates, Griffin, Mandeville,
Meginniss
NOES; None
The following representatives of Mr. Dorris H. Petigor,
appeared before the Board: Edward Petigor, Prank Gagliardi, attorney,
and Gustave W. Iser, architect .
Mr. Gagliardi stated that the representative of Mr. Petigor
were unable to gain cooperation of hr. Ezra C. Bingham, owner of
the adjoining property. The original plans for the development were
so arranged as to utilize the unfinished street known as Campbell
Street. in order to do this it would be necessary that the adjoining
owners contribute a strip of land. Some time ago Mr. Bingham expressed
his desire to cooperate but has changed his mind since then. Mr.
Gagliardi then presented a new plot plan for the development showing
a proposed street and the new arrangement of the buildings. He said
that Mr. Petigor would he willing to deed to the Town. a 40-foot strip
of land for this road, if the Town would build the road.
Following a lengthy discussion, during which the Board and
the representatives of Mr. Petigor covered all questions concerning
drainage, sewer, water and the proposed road, it was finally decided
by the Board that before proceeding further the Town Engineer, A. J.
Foote, be instructed to prepare estimates of the cost for that part
of the work which would be required in the unincorporated area and
that a meeting would be called to consider this new arrangement .
The Supervisor read a letter dated March 7, 1938, received
from Hr. Charles F. Mink, architect in which he submitted two pro-
d P
Y2?� 1
posals for the consideration of the Board in connection with the
proposed Petigor apartment, as follows-.
" #1. For professional services necessary to : check all
structural and other requirements needed for issuance of a Build-
ing Permit, my charge will be ti$200.00.
" #2. For professional services necessary to assist :Vr.
Cowham as supervisor, during the period of actual construction,
my charge will be X500.00. This service will consist of daily
visitations to the job giving such instructions and establishing
a careful procedure of inspection, as will be required to obtain
sound construction, and other details, meeting the requirements
of Town Ordinances. "
Following some discussion the Supervisor suggested that
Councilman Mandeville contact Mr. Min! and go over these proposals
with him.
At 4. 50 P . M. the Board unanimously resolved to adjourn.
'l own Clerk