HomeMy WebLinkAbout1926_06_02 Town Board Minutes lb
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MEETING OF THE TOTD BOARD
TsO TYN OF 1,T-A1-.RO1,7OK
held June 2,1926.
The meeting was called to order by Supervizer
Burton at 9.15 P.M.
PRESENT: Supervisor Burton
justices Boyd, Colliras;Howell & Leads
_ Town Clerk Sherman
Counsellor Gamble.
i ` ' t April 27th lvlay
The ;iii321t�,:e3 �°.'8 4h•r S"1°.e�`s.Yl?__^x tJ_ e° ' b_.,
1st, May 5th, May 8th, May loth and May 12th, 1925, were
x .
read and upon motion approved.
Mrs. N. Bitter appeared before the Board and
requested a refund of deposit paid to the Building
commission Capon plane filed with the Building Commission;
said plans having been disapproved by the Board of Appeals ,
She was advised to submit a claim to the Board: of Auditor;
- to that effect,
A committee from the Chamber of Commerce
consisting of Messrs. Sh,ongut, Stilwell and Goodwin appeared
before the Board in relation to the alteration ofthe
present Town Hall. After due consideration they were
advised that a public hearing wcu.ld be held on this matter
on June 10, 1026 at 8.30 PA, at this office at which time
a general discussion of the entire proposition would be had.
Mr. Charles BirchyF'ield appeared before the
Board requesting a permit for an alteration to hie house
on Valley Road in the Woods of Larcl=ont; the application
for said house having been approved by the Board of Appeals.
He was advised that a date for a hearing on this matter
would be set by the Board and that he would .receive notice
of the time and place of such hearing.
A committer- from Dillon Part: was present at the
meeting and toots up the question of sewers for that section
of o- t After general discussion of the matter, - j
..re down. Af e a _e. �°
t
committee vic.�S appointed by the C'_�J,a �� dny CR.nF>°L�>L.1.3'S g of '.
Justices Leeds and Collins, Town Clerks Sherman, together
with Engineer Stevens, to confer with the people of Dillon �
•. park for the purpose of working out a solution of their
sewer question,
The Supervisor brought to the attention of the
t'"+ c
Board the adjustment of taxes and assessments on properties
affected by the settlement of the boundary Line dispute I
hetveen the City of New Rochelle and the Town of Mamaroneck,
and he requested that somebody be authorized to take this
-_— matter up so that the some can be adjusted satisfactorily
to all parties concerned.
It wa°`''. upon motion duly seconded
RESOLVED, the.t the supervisor and Counsel
be ized and empowered to take u
the adjustment of tax matte's and assess-
menu affecting those properties lying
within the area as shown by the settle-
ment of the boundary line dispute as
adopted by the Board of Supervisors .
A communication from the Board of Appeals was
received, read, ordered spread upon the minutes and in as
follows : - '.
LarchmoY t,N.Y.
May 04th, 1926.
Hon® George W. Burton, Supervios:r
Right Elm Street
MarJar oneck,N.Y.
Dear It. Suaervise.ti
The undersigned, being all the members of the Board
of Appeals under the Zoning Crdinance for the unincorporated
portion of the Town of Phama,roneck, tender you their resignat-
ions as members of such Board, to take effect at once.
We have not taken this step without careful deliber-
ation and considerable regret; for we have had a very real
interest in our work, and have used our best efforts to
make the Zoning ordinance effeCtfve for good in our community
the majority of us having served continuously on the Board
since its inception. IS have always had in mind that our
Community is primarli.y one of substantial suburban homes and
that for the protection of it as such the ordinances was and
is principally intended.
_ Te feel Y*e::Y'yr strongly, however, that the Cde^.1sz0Y: of ..
the Town Board not to appeal from the mandamus order of Judge
Young in t:le 1,/T .hlctedt-Steen apartment case, w ic.th order we
are advised by competent counsel and firmly believe is
f'
PY.°rCneCUoS'ro is a grave mistake, 2,11d puts L1^a entirely GL'!t f.'+ '.
sympathetic relations with the Town Board. Without such
Po
relaat^i.oiis our t�tgs�>✓: is useless and lire become, as a Boar i
figurehead and a. laughing stock to any and to all who for
any reason want to avoid the prWisiIns of the Zoning Ordinance.
t
1�{e a;�`F: Gf tie opinion t1:C�.ttC t1�y2�.�.pS� decision of e
To 7n Board has at least two most disastrous results : first,
it advertises to the public at large that the Town Board has
no cinfidenice in its own Zoning Ordinance and is afraid tc
fight a lawsuit in an effort to defend it, even though a
decision of a single ,judge in a court of only Original
jurisdiction has so wide sweeping an effect as toac tically
to nullify the entire spirit of the ordinance. For we call
your attention to the fact that Judge. Young' s decision,
carried to its logical conclusion, T:e3MS that any lzOCl
apartment house or tenement house can be built neat door to
any private home 9 the town, except as limited by private
restrictions. Can it be that the Town Board believes that this
,. t.78 1resr j._ this �''t�<',-,.te.? Secondly, it makes i t appear that:,
while the small individual appellant with limited means must
take :chat the Board of Appeals and the Town Board sees fit,
to give him, the corporate appellant with large financial
resources, can, by simply spending money to show fight in
the courts, scare the Town Board into giving it anything it
Finns. This creates in idious class distinction to which
we cannot be a. Party,
it is therefore that we are constrained to place
our resignations in your hands at this time.
Respectfully ;yours,
(,signed )
Howell C. Perrin
Lester Harxc .sson
Richard A. Hsgginson
H.B®Van Hook
'7.E. Con$1in.
Co;Oies of this latter are being send to the local _Tres for
release on Yonday, May 17tn, 1926.
Upon motion duly seconded it vas
RESOLITED, that the communication be
received, acknowledged with regret and
placed on file.
A corranunication from the Larchr ont Gardens Asscs
cia.tion was received and read stating that It its meeting
held on May 20, 1926, a resolution was adopted endorsing the
action of the Board of Appeals i.n submitting their resig
ration f or the reasons stated. .L11thdir letter of resi.gnaticn
and having entire confidence in the said Board of Appeals
and urgently requesting the Town Board throuch its Counsel
to proceed energetically with the appeal frorrt the decision
of the court. The communication vaas ordered acknowledged
and placed on M6.
The Supervisor presented a communication from
Davi=d. Potts,Jr. Post#1156,Veteraa.s of Foreign gars, in
relation to the PiYemorial Day The t:GYumunlcation
was ordered placed on file and a committee was ap ?ointed
is take up with lie Veterans of Foreign Warz and ["he two
American Legion Posts the method of distributing the approd
prigb,tion for I'Remori:bl Day, The Supexvisor thereupon appointed
the following com ittee.
Justices Ho.-ell and Leeds and Town Clerk Sherman.
The Clerk inf®s ,.ed the Board. that the present
oontracts for the disr.osal of garbage. e ;c. for fire light,
.R'ater supply dist-r4ct No. 2 and fire district No. 2
e7mires on June 30, 1926, and it would be neee vary to
advertise for bids for contracts for the ensuing year.
Upon motion duly seconded, it was
RES01774 D, that Counsel be and he hereby
is authorized and directed to 'prepare the
necersar; notices arid yublicaticn for the
receipt of sealed bids for the contracts
for the removal of garbage etc. from fire
light and water su )ply district No. 1 and
fire district No. 2 for th eriod of one
or two yearn;IbeSin iivC July 1, 1926, forms
of
aids or esv:irnates and return: and
"
_ .
conditions under -which .�on3 tr.usc, oe uade
form of contraot,bonds, and ar>� '6ther,.L
nf�cessozy documents; it \RIas .farther '..
MSOLVMD, that the Cleric be and he hereby is
authorized to advertise fcr bids for the
aforesaid contracts in the Mamaroneck
Paragraph', LaTchmont Times and Daily Times
and it was further
RESOLVED, that bids 17ill be received by the
Town Board at a special meeting; on June 15,
1926 at which time the bids submitted
will be opened..
IEr.H.J.Brever of the Building Corrxiission appeared
before the Board andStated that due to the dilin6 of plans
I the erection of apartment houses in the unincorpozated
post of the Tovm of IZanaron_eck it would be necessary to
employ an engineer to secure the detailed matter of the
plans for the guidance of the Building Corm ission, and he
requested that an engineer be employed for that purpose at
a
+ 1t�G 00
f ceed .
stAtSa G not� to e.-
Upon notion duly seconded it ,Pas
RESOLVED, that an engineer be enxplo; ed at
a sum of not to exceed $100.00 for the
purpose of inspecting the r,7.a,ns filed_ for
the erection of apartment houses in the
unincorporated section of the Town of
Marla.roneck, and to furnish the Building
Commission yvrith the data and details
connected with said plans.
Upon the recommendation of' the° Supervisor; the
following resolution was presented and upon Roll Call
unanimously adopted:
WfMREAS, this Board has received from the
Receiver of Taxes of this Town, a state-
ment under the provisions of See. 28 of the
Westchester County Tax Act, from which it
appears that on June 1, 1926, the sum of
$3,250.81 was outstanding and unpaid for
taxes levied for State and County purposes
on April 1, 1924; and
WHEIMAS, the Supervisor has requested this
Board to authorize the issuance and sale of
a temporary certificate of indebtedness in
the amount of $30250.81 being the amount of
taxes levied for State and County purposes
on April 19 1924, which was still uncollected
and outstanding on June 1, 19269 as aforesaid.
NOW, THEREFORE, be it
RFZOLVFrD, that pursuant to the provisions of
the Westchester County TaxAct, the Supervisor
be and he hereby is' atthorized and empowered
to borrow upon the faith and credit. of the
TownN of Eamaroneck, the sum of : 30250.81 for
which Bum he shall issue in the name and under
the seal of said Town against uncollected
taxes levied on April 1919249 for State and
_ County purposes, a temporary certificate of
indebtedness in the amount of $3, 250.81, which
shall bear interest at a rate of not more
than 6% per annum and shall be made payable
at such time as the Supervisor may determine,
but not later than December 1, 1927. Said
certificate of indebtedness shall be signed
by the Supervisor and countersigned by the
Town Clerk; and it is further
RESOLVED, that the Supervisor be and he hereby
is authorized and empowered to dispose of
said certificate of indebtedness for not less
than the par value thereof; and it is further
32-A
RESOLVED, that the Supervisor and Town
Clerk be and they hereby are authorized
and empowered to sign and execute such
papers as may be necessary to effect
the sale of said certificates.
Upon the recommendation of the Supervisor, the
_ following resolution waspresented and upon Roll Call unanimously
adopted:
WHEREAS, this Board has received from the
Receiver of Taxes of this Town, a state-
ment under the provisions of Sea, 28 of
the Westcheste r Co unt TaxAct y , from which
it appears that on June 1, 1926s the sum
of $4,271.49 was outstanding and unpaid
for taxes levied for Town purposes on
April 1, 1924; and
WHEREAS, the Supervisor has requested this
Board to authorize the issuance and sale of
a temporary certificate of indebtedness in
the amount of $4, 271.49 being the amount of
taxes levied for Town purposes on April 1,
1924, which was still uncollected and out-
standing on June 1, 1926; as aforesaid;
NOW, THER33ORE, be it
RESOLVED, that pursuant to the provisions of
the Westchester County Tax Act, the Supervisor
be and he hereby is authorized and empowered
- - to borrow upon the faith and credit of the
Town of Mamaroneck, the sum of $4,271.49 for
which sum he shall issue in the name and under
the seal of said Town against uncollected
taxes levied on April 1, 1924, for Town
purposes, a temporary certificate of indebted-
ness in the amount of $4,271.49 which shall
bear interest at a rate of not more than 6%
per annum and shall be made payable at such
time as the Supervisor may determine, but not
later than December 1, 1927. Said certificate
of indebtedness shall be signed by the Super-
visor and countersigned by the Town Clerk;
and it is gurther
RESOLVED, that the Supervisor be and he hereby
is authorized and empowered to dispose of said
certificate of indebtedness for not less than
the par value thereof; and it is further
RESOLVED, that the Supervisor and Town Clerk
be and they hereby are authorized and empowered
to sign and execute such papers as may be
necessary to affect the sale of said certifi-
cates.
Upon motion the meeting adjourned at 11.45 o'clock
P.M.
awn Clerk.