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HomeMy WebLinkAbout1938_03_16 Town Board Minutes a � REGULAR P1MEETTNG OF THE T0'VVIvI BOARD TO�iiid OF MAJAROtfECK, ITEEv9 YORK HFILD MARCH 16, 1938 At the Town Offices, 153 West Boston Post Road, Mamaroneck, !�.. Y. at 5900 P. iT. The meeting was called to order by Supervisor T'AcCulloeh Present: Supervisor NioCulloch Councilmen Bates, Griffin, Mandeville , Meginniss Absent: None The presence was also noted of Town Clerk Payne, Town Attorney Delius and Comptroller Lucero. The minutes for the meetings held January 26th and Febru- ary 2nd were approved as submitted. The Supervisor inquired if there was any one present who desired to address the Board. Mr. John Ross of the Village of iNlamaroneck appeared to make application for permission to operate a line of taxis from a given point in the Town of Mamaroneck to New York City. He stated that he represented_ all the taxi owners now operating at the Larchmont Station and thatthey had agreed upon a charge of twenty-five cents as fare for a one-way trip between iMamaroneck and New York City, The Supervisor inquired as to whether or not this was a company making this application. Mr. Ross replied that it was not and that the owners of the taxis would operate independent of one another. The Town Attorney advised the Board that the 'Licenses called for under the General Ordinances of the Town of Mamaroneck was all that was necessary. The Supervisor advised Mr. Ross that the taxi men would have to make their own arrangements for a space for a stand. vTr. John Fremd who was requested to appear before the Board because of an accident in which his car had damaged the police booth at the station in Larclvnont, was present. He stated that he had been cut off by another car and that the headlights had blinded him so that he could not see the police booth. The Supervisor stated that it was serious business to smash public property and that he should pay for the damage done . Mr. Fremd gave several reasons why it was impossible for him to pay the Town. After some discussion the Board decided to accept Mr. Fremd' s story and in view of the fact that he had appeared before the Board it was agreed to drop the action against him. PI:r. Robert R. Milliams who is in charge of the Tally-Lo Riding Club an Old 'df'nite Plains Road appeared before the Board and stated that he had heard that neighbors had complained about the riding academy which had been established on the Hall property on Old Wlailte Plains Road. He stated that 10r. Hall had informed him that one of the persons complaining had mentioned the Tally-No Riding Club as well as the club located on -fdr. Hall' s property. He said that he did not see why the people at the Prince state had any reason to complain, as they had a number of horses stabled on their own property. The Prince pro- perty is adjoining both the Hall and !IIurdock properties and the Tally-Ho Riding Club is located on the Murdock property. 219 Before leaving he pointed out many reasons why there should be no complaint so far as the Tally-Ho Riding Club is con- cerned. The Board discussed this matter at length and decided to instruct the Town Clerk to call on the people at the Nall property and advise them that "'it is a violation of the Zoning Ordinance of the Town of Mamaroneck to operate a riding academy in the area in which the Hall property is situated. " Councilman Mandeville reported that an arrangement had been made with the l,tTestchester Lighting Company to remedy the condition which exists at the bridges across Sheldrake River in Larchmont Gardens. The gas mains below the bridges tend to interfere with the floe= of water after a heavy storm, and the tiVestchester Lighting Com- pany has agreed to raise these mains without charge to the Town. He also reported that the streets and roads in need of repair would be taken care of in due time, as it was necessary to wait until the frost is out of the ground. He stated that he had talked with Chief Yerick concerning the new traffic lights at 'Beaver Street and Boston Post Road and had agreed with him that ample time should be allowed before approv- ing same . Councilman Bates reported that the work at Sackett Circle was finished, that Mr. Nood had started work on Bonnie lWay and that there were several sewer house connections being made throughout the Town. Councilman Griffin opened discussion in connection with the estimates for the re-surfacing of the parking space at the Larchmont station. The Board decided to wait until information is received regarding the lease® He also reported that 1u1r. DeVinne was trying to get the State Department to approve of the plan to have a medical officer in the Town, Councilman Meginniss reported that he had worked with. Councilman iE"andeville on the resolution which was to be presented in connection with the retirement of Police Commissioner James H. King. He offered a resolution and a letter and inquired as to whether or not the Town Board wished to send the letter or the resolution. The Board decided in favor of both the letter and the resolution. Upon motion by Councilman ivieginniss, seconded by Councilman Mandeville, it was unanimously RESOLVED, WHEREAS, Mr. James H. King has served our community during the past four years as Chairman of the Board of Police Commissioners; and WHEREAS, Mr. King has found it necessary to resign his office due to having moved to another community; HOur, THEREFORE, BE IT RESOLVED, that we accept Mr. King' s resignation with sincere regret, it being the opinion of this Board that the present highly efficient and splendid Police -- Department, of which we are all. so proud, is due in great measure to the untiring efforts and conscientious work of i�,r. King; and be it FURTHER RESOLVED, that we express to Mr. _Ling our grateful appreciation for the splendid manner in which he has discharged his duties; and be it FURTHER RESOLVED, that this resolution be spread on the minutes of this Board and that a copy of same be sent to :ir® King, W. On motion duly made and seconded, it was upon roll call unanimously RESOLVED, that pursuant to Section 96A of Chapter 60 of the Consolidated Laws as amended, known as the Tax Law, the Receiver of Taxes and Assessments of the Town of ldamaroneek is authorized to collect the 1938 State, County, Town and District taxes, assessments for street and sidewalk improvements and water rents which become a lien April 1, 1938, in two partial payments each amounting to fifty per cent of the total of said taxes, assessments and water rents; FURTHER RESOLVED, that th aj' pceiver of Taxes and Assessments is authorized empowered to receive such partial payments or instalments of taxes, assessments and water rents at any time prior to the sale of tax liens but subject to the same penalties as are specified and pro- vided in Section 18 of Chapter 105 of the Laws of 1916 as amended for the neglect to pay the total amount of said taxes, assessments and water rents- FURTHER RESOLVED, that the acceptance of any such partial payment or instal.-Went of the 1938 taxes, assess- ments and water rents shall not be deemed to affect in any manner any right of the Town of Mamaroneck under any General or Special Law to enforce collection of any un- paid balance of such taxes, assessments and water rents as may remain due and owing to the Town of Mamaroneck but such rights and powers shall remain in full force and effect to enforce the collection of the unpaid balances of such taxes, assessments and water rents together with interest, penalties and other lawful charges, The Town Attorney stated that it would be in order for the Town Board to designate the newspaper in which the Receiver of Taxes and Assessments should publish the notice of the collection of the State, County, Town and District Taxes, Special Assessments and 'r1ater Rents, which levies become due and payable on April lstm On motion duly made and seconded, it was upon roll call unanimously RESOLVED, that in accordance with the provisions of Section 26, of the Westchester County Tax Act, The Daily Times, a daily newspaper published in the Village and Town of Mamaroneck, be and it hereby is designated as the newspaper in which the Receiver of Taxes and Assessments shall publish the notice of the collection of State, County, , To�ran and District taxes, Special Assessments and water rents; and be it FURTHER RESOLVED, that said publication be made on iaiarch 25, 1938; and be it FURTHER RESOLVED, that in accordance with the provisions of Section 26 of the +Westchester County Tax Act, the Town Board do and it hereby does direct the Receiver of Taxes and Assessments to mail to each taxpayer of the Town of :Mamaroneck, whose address is known to said Receiver of Taxes and Assessments, a tax bill for all taxes, assessments and water rents, the expense thereof to be a town charge ® The Town Attorney reported that he had a request from Clark, Gagliardi, Cunningham and Bailey, Esquires, for a release of a ten foot easement along the westerly line of Lot #387 on the Second Amended Subdivision Viap of Priaple Hill, which was granted to the Town of Mamaroneck by conveyance made by ivlaple Gardens, Inc. , recorded January 20th., 1921 in Liber 3115 of Conveyances, page 2740 He further stated he had taken the matter up with the Engineer who confirmed the sta.te,ent made by Messrs® Clark, Gagliardi, Cunningham and Bailey, that the easement was never used, The Town Attorney then submitted a form of release of this easement prepared by Messrs. Clark, Gagliardi, Cunningham and Bailey= which he had approved and 223 upon motion made by Councilman Mandeville and seconded by Councilman Bates, it was unanimously RESOLVED that the Supervisor be and he hereby is authorized to execute the release and deliver the same to Messrs. Clark, Gagliardi, Cunningham and Bailey. The Town Attorney read a letter dated March 15, 1938, received from Thomas B. Jewell, Assistant Counsel for the New York, New Haven and Hartford Railroad Company, in which he stated that he was asked to submit provisions which the County Transportation Company, Inc. considered should be included in a proposed draft of a consent for Frank Guadagnolo to operate omnibuses over certain streets, avenues and highways in the Town and also to state that the County Transportation Company is of the opinion that any consent issued to the applicant should contain the same provisions as to compensation which are exacted in their consent. Mr. Jewell also stated that the statements made in his letter were not intended to be a withdrawal of the County Transportation Company' s objections to the application of Mr. Guadagnola. The Town Attorney presented a letter dated March 16, 1938, received from Thomas A. Fasso, attorney for Frank Guadagnola who had made application to operate busses through the Town of Mamaroneck. Mr. Fasso urged that the Town Board take action at this meeting. The Town Attorney advised the Board as to what had happened in the other municipalities along the route . Councilman Meginniss stated that the Town is not as much Effected as the villages and that he would suggest that we get together with the villages and work out some concerted action in this connection. The Board decided in favor of the plan offered by Councilman Meginniss and referred the matter to the Town Attorney, requesting him to contact Attorney Sansone of the Village of Mamaroneck and Attorney MacWilliams of the Village of Larchmont. The Town Attorney presented a petition dated March 14, 1938, signed by owners of real estate in Sewer District No. 1 of the Town of Mamaroneck, fronting or abutting upon either side of Sackett Circle and Sackett Drive from its intersection with Althea. Lane in a southerly direction to its termination in Sewer District No. 1, and including resident owners owning not less than one-half of the frontage owned by resident owners residing in or along said portion of Sackett Drive and of Sackett Circle, requesting the Town Board to construct a lateral server in and along said portion of Sackett Drive and Sackett Circle . The Town Attorney also presented a petition dated ?larch 14, 19389 signed by owners of real estate in Sewer District No. 1 of the Town of Mamaroneck, fronting or abutting upon either side of Althea Lane for its entire length in Sewer District to. 1, and including resident owners owning not less than one-half of the frontage owned by resident owners residing in or along said Althea Lane, requesting the Town .Board to construct a lateral sewer in and along Althea Lane for its entire length. He stated that it would be necessary to call a public meeting to consider the petitions. Councilman Mandeville introduced the following preamble and resolution: WHEREAS, a petition for the construction of a lateral sewer in and along each of the following streets, or portions thereof, in Sewer District No. 1 of the Town of Lamaroneck, has been duly filed in the office of the Town Clerk, a separate petition having been filed. for each of such Streets or portions thereof: � u�sci3 upon motion made by Councilman Mandeville and seconded by Councilman Bates, it was unanimously RESOLVED that- the Supervisor be and he hereby is authorized to execute the release and deliver the same to Messrs. Clark, Gagliardi, Cunningham and Bailey. The Town Attorney read a letter dated March 15, 1938, received from Thomas B. Jewell, Assistant Counsel for the New York, New Haven and Hartford Railroad Company, in which he stated that he was asked to submit provisions which the County Transportation Company, Inc. considered should be included in a proposed draft of a consent for Frank Guadagnolo to operate omnibuses over certain streets, avenues and highways in the Town and also to state that the County Transportation Company is of the opinion that any consent issued to the applicant should contain the same provisions as to compensation which are exacted in their consent. Mr. Jewell also stated that the statements made in his letter were not intended to be a withdrawal of the County Transportation Company' s obvections to the application of Mr. Guadagnola. The Town Attorney presented a letter dated March 15, 1938, received from Thomas 1. Fasso, attorney for Frank Guadagnola who had made application to operate busses through the Town of Mamaroneck Mr. Fasso urged that the To wn Board take action at this meeting. The Town Attorney advised the Board as to what had happened in the other municipalities along the route . Councilman Meginniss stated that the Town is not as much affected as the villages and that he would suggest that we get together with the villages and work out some concerted action in this connection. The Board decided in favor of the plan offered by Councilman Meginniss and referred the matter to the Town Attorney, requesting him to contact Attorney Sansone of the Village of Mamaroneck and Attorney MacWilliams of the Village of Larchmont. The Town Attorney presented a petition dated March 14, 1938, signed by owners of real estate in Sewer District No. 1 of the Town of Mamaroneck, fronting or abutting upon either side of Sackett Circle and Sackett Drive from its intersection with Althea Lane in a southerly direction to its termination in Sever District No. 1, and including resident owners owning not less than one-half of the frontage owned by resident owners residing in or along said portion of Sackett Drive and of Sackett Circle, requesting the Town Board to construct a lateral sewer in and along said portion of Sackett Drive and Sackett Circle . The Town Attorney also presented a petition dated ?lurch li, 19389 signed by owners of real estate in Sewer District Nos 1 of the Town of Mamaroneck, fronting or abutting upon either side of Althea Lane for its entire length in Sewer District No, 1, and including resident owners owning not less than one-half of the frontage owned by resident owners residing in or along said Althea Lane, requesting the Town Board to construct a lateral sewer in and along Althea Lane for its entire length. He stated that it would be necessary to call a public meeting to consider the petitions. Councilman Mandeville introduced the following preamble and resolution; WHEREAS, a petition for the construction of a lateral seiner in and along each of the following streets, or portions thereof, in Seiner District No. 1 of the Town of I,amaroneck, has been duly filed in the office of the Town Clerk, a separate petition having been filed for each of such Streets or portions thereof- 6 6� .' �5 Sackett Circle and Sackett Drive from its intersection with Althea Lane in a southerly direction to its termination, Althea Lane for its entire length, now, therefore , be it RESOLtiED BY TES T0l01N BOARD OF T_y TOINN OF MAtiiARONECK, IN TF COUNTY OF EESTGSTER. NLIL YORK, as follows: Section 1. The following Orders are hereby adopted and approved and when signed by the members of this Board present at this neeting each of the same shall constitute an Order by this Board- STATE OF NEIV YORK ) COUNTY OF '.JIVESTCSI'STER TO-AN OF MAI�URONECK ) IN In the Matter of the construction of a lateral sewer on Sackett Circle and Sackett Drive from its intersection . ORDER CALLING A with Althea Lane in a southerly direction HEARING ON to its termination in Sewer District No. 1 April 6th, 1938. of the Town of I,:amaroneck, in the Town of Mamaroneck, County of -Westchester, State of New York. - - - - - - - - - - - - - - - - - - - - - - x IVI REAS, a petition purporting to be el-lecuted by the requisite number of property- owners as required by section 191 of the Town Law, for the construction of a lateral sewer in and along Sackett Circle and Sackett Drive from its intersection with Althea Lane in a southerly direction to its termination in Seslrer District No. 1 of the Town of icamaroneck, in the Town of Iriamaroneck, has been filed in the office of the Town Clerk of said Town and has been duly presented to this Board. Now, therefore , it is hereby O R D E R E D as follows; A meeting of the Town Board of the Town of Mamaroneck, shall be held at the Town Offices in said Town of Mamaroneck, on April 6th, 1938, at eight o' clock P. M11. Eastern Standard Time , I the purpose of hearing all persons interested in the construe- tion of the proposed lateral sewer in and along Sackett Circle and Sackett Drive from its intersection with Althea Lane in a southerly direction to its termination in Sewer District No. 1 of the Town of kamaroneck, in the Town of Mamaroneck, for the purpose of considering objections thereto. DATED: March 16th, 1938. TO"+N BOARD OF T1-1-1- TO':'41, OF MPVIAROi`IE CK, BY Bert C. McCulloch. Owen A. Mandeville George V. Bates Edward C. Griffin Witness: Edward B. Jieginniss Robert D. Payne Town Clerk i�.7�, STATE OF NEW YORK ) COTM= OF WEST CHESTER j ss: TOVe'1G OF MDMIMARO iECK ) -x In the Pdiatter of the construction of a lateral sewer on Althea Lane for its entire length in the Sewer District ORDER CALLING A No. 1 of the Town of 1Vlamaroneck, in the HEARING ON Town of Mamaroneck, County of Westchester, : April 6th, 1938. State of New York. - - - - - - - - - - - - - - - - - - - - -x VIr�PEAS, a petition purpoting, to be executed by the requisite number of property owners as required by section 191 of the Town Law, for the construction of a lateral sewer in and along Althea Lane for its entire length in the Sewer District PTO. 1 of the Town of P;Iamarcneck, in the Town of Mamaroneck, has been filed in the office of the Town Clerk of said Town and has been duly presented to this Board. Now, therefore, it is hereby 0 R D E R E D as follows: A meeting of the Town Board of the Town of IV:amaroneck, shall be held at the Towr. Offices in said Town of 'riamaronecl., on April 6th, 1938, at eight o' clock P. 'lv . Eastern Standard Time, for the purpose of hearing all persons interested in the construc- tion of the proposed lateral sewer in and along Althea Lane for its entire length in the Sewer District No. 1 of the Town. of Mamaroneck, in the Town of Mamaroneck, for the purpose of consider- ing objections thereto. DATED: Yarch 16th, 1938. WITV SS: Robert D. Payne Town Clerk TOWN BOARD OF THE TOWN OF _V1APlIARO1\1ECK, BY Bert C. :4cCulloch Owen A. 1o1andeville George V. Bates Edward C. Griffin Edward B. ivleginniss Section 2. A copy of each such Order, together with a certificate by the Town Clerk showing the date of adoption of such Order, shall be published at least once in "The Daily Times", which is hereby designated as the official newspaper of the Town for the purpose of such publication, the first publication to be not less than ten nor more than twenty days before the day set therein for the hearing. Copies of each such Order, with a copy of the Clerk' s certificate attached, shall be posted conspicuously in at least five public places along the Street or portion thereof referred to in such Order, and shall be posted in at least five other public places within said mown, not less than ten nor more than twenty days before the date of such hearing. A copy of each Order with a copy of the Clerk' s certificate attached shall also be mailed on or before the day of the first publication thereof to all public service corporations the names of which appear on the latest completed. assessment roll of the Town of Mamaroneck. Such Order shall be mailed to the principal office of each of such corporations, unless such corporation shall have filed with the Town Clerk a written request designating some other address for that purpose. Section 3. This resolution shall take effect immediately. On motion of Councilman ?andeville, seconded by Councilman Neginniss, the foregoing 'resolution was adopted by the following vote: AYES: Supervisor McCulloch Councilmen: P; eginniss, Bates, Griffin, Mandeville NAYS: None The Town Clerk read a letter dated 1,,Iarch 8 , 1938, received from Keeler incorporated in which they advised that the State insurance Fund had requested that the Town Board adopt a resolution approving the extension of the ;a� kmenas Compensation policy to include public officers . The purpose of this resolution is to include policemen_, as they are considered public officers. The Town Attorney was requested to draft the appropriate resolution. The Town Clerk read a letter dated March 9, 1938, received from ivir. Charles F. Mink, architect, in which he submitted the following revised proposals for professional services in connection with the Petigor project : H #1. For professional services necessary to cheek all structural .and other requirements needed for issuance of a Building Permit, my charge will be 9150.00. it #2. For professional services necessary to assist Mr. Cowham- as supervisor, during the period of actual construction, my charge will be $ 350. 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 the Town Ordinances. " After some discussion the Board decided that while it would be necessary to check all requirements for the issuance of the building permit, there would be no reason to consider the second proposal until the owners were prepared. to break ground for this development. Upon motion by Councilman Meginniss, seconded by Councilman Mandeville, it was unanimously RESOLVED, that lair. Charles F. Mink be employed to do the necessary work in connection with checking all structural and other requirements needed for the issuance of the building permit for the Petigor apart- ment at a fee not to exceed X150.00. The Town Clerk read a certified copy of a resolution adopted by the Board of Appeals (for Zoning) of the Town of Mamaroneck presented by its Chairman, Saar. A. Stirling Smith. The Town Board ordered. that this resolution be spread on the minutes as follows: Resolve: That the application of August Ackerman, Quaker Ridge, New Rochelle, New York, I or modification_ of Article 3, Section 11, of the Zoning Ordinance of the Town of Mamaroneck to permit the erection of a private dwelling on the north side of Carleon Avenue, and shown or the tax map as Section 4, Block 23, Lot part of 1, with a set back of 20.6 feet on Carleon Avenue at the curve in the road be approved and the decision of the building inspector be reversed. The reports of the La.rchmiont-Iamaroneck Humane Society, Inc. for the months of January and February were received and filed. 3 The report of the Receiver of Taxes and Assessments for the month of February was received and filed.. The report of the Town Clerk for the month of February was received and filed. Councilman Meginniss reported that Kr. E. C. Richard of Durham Road, had been at the office and urged that the Town Board amend Chapter IV, Section 1, of the Town' General Ordinances to include a new section on hunting that would contain a provision relating to presumptive evidence . Mr. Meginniss added that this matter, of course, had already been referred to the Town Attorney. The Town Clerk read a letter dated March 12, 1938, received from .fir. frank Turco, Vice-President of the Italian-kmerican Civic Association of Larchmont, Inc. , in which he stated the suggestions offered by the Civic Association in connection with the employment of local labor in the construction of the proposed. Petigor apartment. The letter was ordered received and filed. On motion by Councilman Bates, seconded by Councilman. Mandeville, it was unanimously RESOLVED, that in accordance with Subdivision 1 of Section 102 of the Totem Law, the Town Board of the Town of Mamaroneck hereby determines to allow and pay Mr. James M. Smith, Assessor, in the amount not to exceed six cents per mile for using his own automobile for each mile actually and necessarily traveled by him in the performance of the duties of his office or position. The Supervisor stated that he had received a request from Henry Di Nunzio, 458 Main Street, New Rochelle, offering to pay certain tax arrears in the face amount of the lien plus interest at 6 per cent per annum on property known as Section 6 , Block 21, Lots 175, 186A, 191, 192, 193, 187, 188, 189 and 190. On motion by Councilman Griffin, seconded by Councilman Meginniss, it was unanimously RESOLVED, that the Receiver of Taxes and Assessments be and he hereby is authorized, empowered and directed to accept payment of the following taxes, 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 on the following described property; Section Block Lot Year of Tax Year of Sale 6 21 1871188, 1933 1934 189,190 1934 1935 3935 1936 1936 1937 6 21 175 1926 1927 1927 1928 1933 1934 1934 1935 1935 1936 1936 1937 6 21 186A 1933 1934 1934 1935 1935 1936 1936 1937 6 21 186B 1929 1930 1930 1931 1936 1937 6 21 191,192,393 1933 1934 1934 1935 1935 1936 1936 1937 The Supervisor presented a petition received from Theodore 0® Posselt, Jr. , President and ViTinister of St, John' s Evangelical Lutheran Church of ildamaroneciz. Be stated in the petition that the Church had purchased property described, as Section 9, Block 53, Lots 23 and 24 on Februar4 1, 19269 that the Town of Mama- roneck for the year 1926 assessed sid property with taxes which now amount to 4158.01 including penalties, the tax lien for vuh.ich. svas sold to the Town in 1927, and that by Section 4, Article 1 of the Tax Law this tax should be stricken from the books of the Town of Mlamaro- neck and marked "exempt from tax" because from the date of purchase to date the premises have been and still are used for religious purposes® Upon motion by Councilman Bates, seconded by Councilman !' eginniss, it was unanimously REESOLVED, that the Receiver of Taxes and Assessments be and he hereby is authorized, empowered and directed to cancel on his records the taxes for 19261 sale of 1927, on property known as Section 9, Block 53, Lots 23 and 24. The Supervisor informed the Board that a letter had been sent to every owner of property in the Town of Mamaroneck, on which there are delinquent taxes, notifying them that these taxes are un- paid., and- that a second letter ?mill be mailed to those persons who have not paid these taxes or have failed to reply to the first letter, notifying them that the Town will start foreclosure proceedings . At 11: 00 P. !v­ Board unanimously resolved to adjourn. =ow _ Clerk