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HomeMy WebLinkAbout1926_06_02 Town Board Minutes lb 7- 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.