Loading...
HomeMy WebLinkAbout1929_12_12 Town Board Minutes �5 BESTING OF THE TOWN BOARD TOWN OF MAMARONECK, N. Y. held December 12, 1929. In the absence of the Supervisor,, the meeting was cal lsi to order by justice Boyd at 3 P. Br. Present. Justice3Boyd,,. Howell and Leeds Town Clerk Sherman Counsellor Gamble Upon motion, duly seconded, it was VOTED, to dispense with the reading of the minutes of meetings not yet approved. A petition by Justice-elect Wesley 11. Lressersmith, was received and read,. requesting the establishment of court-room and authorization to procuke the necessary equipment,, furniture and forms for said court-room. The petition was ordered received,, placed on file and after discussion, upon motion, duly seconded, it was RESOLVED, that the petition of Wesley X. Messersmith, the duly elected justice of the Peace, for the term of office commencing January Ist, 1930, be received, placed on file and that he be and hereby is authorized to neg- otiate the lease in the name of the Town of Mamaroneck for necessary court-room at a rental of not to exceed $90.00 per month, and to pro- cure the necessary furniture and equipment therefor. A petition from Carmine and Louise. Tortorella was received and read,, petitioning that his property on the southerly side of Myrtle Avenue be re-zoned, to re-zone said property from unclassified to business. The petition was ordered received, placed on file and referred to Counsel to prepare resolution and advertisement. Counsellor Gamble presented a resolution in relation to the correction of the zoning and zoning maps on the northerly side of Palmer Avenue, easterly of Weaver Street, which matter had here- tofore been referred to him. After discussion, the following resolution was presented: WHEREAS,, Section 30 of the Zoning Ordinance provides that the district boundaries are* unless otherwise indicated, their starting lines are lines drawn parallel to and 100 feet back from one or more of the street lines bounding the block and where two or more districts, desig- nations are shown within a blocks the boundary of the less restricted district shall be deemed 100 feet back from the street line: and WHEREAS, it has been brought to the attention of this Board that the Zoning Yap which together with the designations thereon accompanies the Zoning Ordinance of the unincorporated part of the Town of Mamaroneck, Westchester Countys New York$ is in- corredt in designating the district boundary lines of the Residential A property and the Commercial D property respectively shown thereonglihe northerly side of Palmer Avenue , easterly of Weaver Street; and 15 WHEREAS, in the opinion of this Board, said error should be corrected; therefore be it I RESOLVED, that pursuant to Section 30 of the Zoning Ordinance of the Unincorporated Portion of the Town of Mamaroneck, that the Zoning Map together with the designations thereon which accompanies the aforesaid Zoning Ordinance, be corrected as follows: L. So that the following described property shall be classified, zoned, designated and shown and delineated on said Map as Resid- ential A. property; I AIM that certain piece or parcel of land in the Town of Mamaroneck, Westchester County, New York, situated on the North side of Palmer Avenue (formerly called Grove Avenue) bounded and described as fellows- BEGINNING at the point of intersection of the northerly side of Palmer Avenue with the easterly side of Weaver Street, thence running easterly along the northerly side of Palmer Avenue to its point of intersection with the westerly side of Merritt Place , thence northerly along the westerly side of Merritt Place to a point thereon 100 feet northerly of the northerly side of Palmer Avenue, thence westerly and parallel to the northerly side of said Palmer Avenue and 100 feet northerly therefrom to the point of intersection with the easterly side of Weaver Street, thence southerly along the said easterly side of Weaver Street to the point or place of BEGINNING. 2. So that the following described property shall be classified, zoned, designated and shown and delineated on said baps as D Commercial . property. ALL that certain piece or parcel of land in the Town of Mamaroneck, Westchester County, New York, situated northerly of the northerly side of Palmer Avenue (formerly called Grove Avenue) and easterly of the easterly side of Weaver Street, and bounded and described as follows- BE'GDrVING at a point on the southerly side of the Right- of-Way of the New York, Neer Haven & Hartford Railroad Company, which point is 200 feet easterly of the intersection of said southerly side of the 'Right-of-Way of the New York, New Haven & Hartford Railroad Company with the easterly side of Weaver Street; and 340 feet northerly of the northerly side of Palmer Avenue measured at right angles to same ; thence southerly and at right angles to said Right-of-Way of the New York, New Haven & Hartford Railroad Company a distance of 240 feet (and to a point distant 100 feet northerly of the northerly side of Palmer Avenue] thence easterly and parallel to the said northerly side of said Palmer Avenue and 100 feet north.-- erly therefrom to a point 100 feet westerly of the westerly side of Merritt Street thence northerly and parallel to the said westerly side of Merritt Street and 100 feet westerly therefrom crossing the westerly end of Blossom Terrace to its point of intersection with the southerly side of the Right-of-Way. of the New York, New Haven & Hartford Railroad Company, thence westerly and along the aforesaid southerly side of the Right-of-Way of said New York, New Haven & Hartford Railroad Company to the paint or place of BEGINNING. Further RESOLVED, that this correction to the Zoning. Map shall take effect immediately. The question being taken upon the foregoing resolution, the same was upon roll call adopted by the following vote : Ayes Justices Boyd, and Howell,.- Town Clerk Sherman and Counsellor Gamble Roeer Justice Leeds Counsel reported in connection with the negotiations heretofore authorized, looking forward to the possible purchase of the Weaver Street Chapel property, that he was negotiating _._ with Mr. Keighea with this connection. It was difficult to ascertain the exact lines of the property., that the County in connection with the taking of part of this property for Weaver Street had used an old map and had changed their lines several times, so that there was no accurate survey atthis time showing exactly how much of the original tract was not left, and could be purchased, near the specific lines thereof, and recommended to the Board that he be authorized to engage Mr, A. J. Foote to make a survey of the Weaver Street Chapel property as he believed that Mr. Foote had considerable of the necessary data in this connection prepared, which he had prepared in connection with the Weaver Street Improvement. Upon motion, duly seconded, it was RESOLV?TD, that Counsel be and he hereby is authorized and empowered to engage the services of fir. A. J. Foote to prepare a survey of the property known as the Weaver Street Chapel property at the corner of Weaver Street and Palmer Avenue. Counsel stated that J.. and A. Stumpf of Long Island City had consulted the Receiver of Taxes and himself in regard to a tax situation which they had just discovered in connection with Lot, - No. 13: in Block 91, Section 8 on the Assessment Map of the Town of Mamaroneck, owned by said J. and A. Stumpf, and Lot No. 5 in Block 77 in Section 8, on said map which is owned now or formerly by William Banchelli. An examination of the records in the Office of the Receiver of Taxes discloses that in 1916, when the new assess- ment maps and records were prepared to comply with the provisions of the Westchester County Tax Act, that an error was made in trans- ferring the aforesaid respective lots from the old books to the new se-etion, block and lot number, they having been transposed, i.e.,, Lot. No. 5, Block-:77, in Section s which was owned by William Banchelli was erroneously assessed to J. A. Stumpf instead of their correct lot, to-wit; Lot 13, Block 919 Section 8; and that likewise the same error was made in assigning to the name of William Banchelli the lots owned by J. and A. Stumpf, to-wit,, the. Lot 13 in Block 911 Section 8, which was owned by J. and A. Stumpf, eras erroneously assessed to William Banchelli instead of his correct Lot No. 5 in Block 77, Sections. That all taxes which have been assessed against Lot 5, Block 77, Section 8, erroneously in the name of J:, and A. Stumpf), have been paid by them each year, with the exception of the year 1916- to-wit; the year of the Transfer, in which year the amount of the tax was 54.44 and not having been paid the lot was sold in the 1917 sale and bought in by the Town of 'Mamaroneck, and thereafter a Transfer Tax Lien thereon was assigned to Margaret L. Baker on Feb- ruary 20,1929, and a lis pendens filed in the office of the Receiver of Taxes an June 13., 1929. That the taxes assessed egainst Lot No. 13 in Block 91, Sec- tion 8--, erroneously in the name of William Banchelli and which lot is actually owned by J. and A. Stumpf, have not been paid for the years 1917 to 1927 inclusive, aid are outstanding, and said Lot No. 13 has been sold for taxes yearly thereafter and bought in by the Town o-f Mamaroneck, so that there is now due in addition to said Taxes, interest and cost of sales. Action to correct the error and cancel the taxes on Lot la, Block 91 in Section 8- has been requested by J. and A. Stumpf, Gounsel and the Receiver of Taxes recommend that inasmuch as the error was made in the office of the Receiver of Taxes, and as J and A. Stumpf are in no way responsible therefor= and as they had paid the taxes yearly on their lots as-assessed, that relief should be granted. Upon motion, duly seconded, it was RESOLVER, that the Supervisor= Receiver of Taxes and the Board of Assessors be and they hereby are authorized, empowered and directed to correct their respective records and to assess on the Assessment Map of the Town of Mamaroneck Lot No. 13 in Block 911 Section 8 in the name of J. and A. Stumpf,. and to reinstate Lot No. 5 in Block 77 in Oection 8 in the name of William Banehelli; further RESOLVER-2, that the Supervisor and Receiver of Taxes be and they hereby are authorized, empowered and directed to take such steps as may be necess- ary to correct their respective records and to cancel all taxes, interest, penalties and cost of sales hitherto levied and assessed against Lot No.13 in Block 91 in Section 8 on the Assess- ment Map of the Town of Mamaroneck and now shown as open and unpaid for the respective years 1917 to 192.7 inclusive , and respectively sold to the Town in the years 1917 to 1928 inclusive; further RESOLVER, that the Supervisor and Receiver of Taxes be and they are hereby authorized and empowered to reinstate on their respective books of record, all taxes heretofore levied and assessed against Low No. 5 in Block 77 in Section 8 on the Assessment Map of the Town of _Mamaroneck and hereto- fore erroneously marked paid and cancelled for the respective years 1917 to date; further RESOLVER, that the Receiver of Taxes be authorized empowered and directed to advise the said Margaret L. Baker that said Lot No. 5 in Block 77 in Section 8, pursuant to the terms of this. resolution is being assessed in the name of said William Banchelli. The question of the adoption of the foregoing resolution was put to a vote which resulted as follows: Ayes: Boyd, Rawell, Sherman and Gamble Noes: Leeds The resolutions were declared adopted. Upon motion, the meeting adjourned at 4:45 P. M. Town C erk