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HomeMy WebLinkAbout1927_07_06 Town Board Minutes =TIK OF THE TOWN BOARD T07N ny T r R077CK, N. Y. held Tuly 6th, 027 The meeting was called to order by Supervisor Burton at 5: 15 P. T. - Present: Surervisor Burton JustioeS !;Chins, Howell and Leeds Town Clerk Sherman. Counsellor 0amble The minutes of meetings of June ist, 9th, and 20th were read, and upon motion apIroved. The Clerk stated that pursuant to notice duly advertised the Roar,d should nom, consider the various applications and plans for the building permits which had been denied as being in violation of the Zoning ordinance . After reading of the notice asadvertised and after discussing and considering the various applications and Dlans _or building permits before the Board, it was upon motion dul s second- ad, unanimously, RFSar:vFrg Whereas s the Town Board of one Town of EamaroP obi has duly Cvert7 sea pursuant to 1aw, a public meeting for the -- purpose of considering certain ap 'ications therein state?, '_a.de under the Zoning ordinance of the Unincorporated part Of the .oKn of —_ Kanarvneck, which applications are now pending, and ' THERM, the said Town Eoar having held said hearing ind both _"ties having been grant'_ '. the rivilege of appearing for or in opposi iron I to the grantinE of certain apolications as li provided under the said Zoning Ordinance and after :due consideration, therefore, be it RFOOL D, that the Town Board of the Town of Mamaroneck, sitting jointly as a Board of Appeals and as a Town Poard does hereby grant the follosin- er7liontions from the decision of the Building Commission, which decision is r rob— reversed. a.' ?,as her=biz consent to the r anti n` of the following application' suhjeat in each - e to the specific conditions and safe- ua.rds therein stated. Y a -.;l ica t.ion 9 1 010 of Jos.e,h R. Essel in, for the erect- ion of a. one fazily ,,gelling and garage on the north west side of Garden & Orchard Road, . r ided that „;n_ building is erected not less than 17 feet, 4 inches _roT the front lot line on Orchard Road, and provided also that nQ onn of the steps of said build- :. inS be less na_.n !_ fe=et, 4 iPchk from said front line . 2 , Application E1017 of Ernest L. t'^ :per for the erection of a two car garage on the n o th 'Ieet Corner of West Brookside Viva and Lansdowne Drive, pro .*_ _„_. th_;t the gara-e is erected not leas than to feet froi e front( lot line . I I 3. Application Q01 of jnhn P of a one faylly Welling on the snut Place and Dillon Road, 21oviled that not less thin 2C feet from the front place, not less than 2 feet frcr the Troomell for the erection hest corner of FA,ewater the building is erected lot line on Edgerater front lot line Dn Dillon Road, and not less than 3 feet from the ensteriv lot line of said �roleTty' and it was further 77SOLV77, that the followinj aDylications be laid Over for further oonsileration. 1 . Application 0018 of Harry an for the erection of a garaye on the noTth side of Hickory Grove Drive, 100 feet from Locust Road vithin a resid,ential distriot 2. Application of 2nnie 71orence for the erection of a, one storey store on the south side of the Boston Post Road with- in a residential or unclassified district . Counsel advised the Board that he had had certain conferences with the officials and counsel for the New York Stamford Railway Company in conn,ection with tbeabandonment of the Fanor line and t"s w—vision of bus-s and substitution there- of for trolleys by the -County Transoortation Company, !no . That due to certain oontinZencies which hid arisen in connection with other ?,,'.unicipaii ties, the New York & Stamford Railway Conjany, had bean obliged to change their Ilan end had now facidea to endeavor to substitute buses on the main line of the Few York & Stamford Rail -ay COWU frcy Port Chester to New Rochelle . That such action a-uld be taken under section 50-A of the Public Service Commission Law and that it had made an application to the joint Town Board to obtain the consent of the Town of Uamaroneck to the substitution of -rlases, on the main line and to operate buses over the streets in place thereof and to make a ccntzaat with the Oounty Transportation company, !no . , for the latter to operate the buses for the New York & Stamford Railway Company Over the entire route - He further stated that the New York ;�- SlamfoTd C c _.an} operated over two private rQhts-of:way' one between Fenimore Wenue; an lamaroneck Avenue in the Village of Mamaroneck, an& the other between the end of Halstead Wnua and North Street in Harrison and Rye, and as to these two rights- of-way, which do not involve the Town of HamaTDneck, it would be necessary to obtain the ocneent of oh -_'blic Fervioe ComnisSic7 and of the rnspective municitalities to oTerats brass over certain streets , which would be substituted for the yrivote rights-of- way . Counsel presented and read to the Board a petition in latter, fore of counsel for pahy. He stated that it w & Stamford Railway Company the Town of Mamaroneck and the New York & Stamford Railway Com- is not the intention of the New Yorl� tcaffect the existinE franchises of the Punicipalities involved. Counsel presented a proposed consent After discussion, upon motion, duly seconded, it was RESOLVED, that the Town of Mamaroneoll, loss hereby approve and consent as follows" 1 . That the 7ew York & Stwnfoid Railway Company nay operate buses or motor vehicles in place of and sucstitution for cars on the following portions of its route, lewit, (a) ConDencin, at Dean Place and Boston Post Road in the VillaSe of Larchront and running thence easterly along Boston I o s t Roe.d. to Chwtsraorth ,I;. rrue, thence _unnin�' northerly a.l_,0 no Chat zrcrth �venre t0 Palr:ier Iveniie, the"nve run-in` east,erit_r alone Pal,.ner Avenue to _ enirnore Road;_. (- a CG:`;in-encing a t `:!vaSila.r, n G , and P c one k :ven�.e ,ail- rca.d .Avenue ( or galstear Avenue) _._,.d thence running -aster * alOn Railro-ad. }venue or Halstead .venue) to the westerly end of the `,`private ri ,-ht of v,i a,,r of 1Qe iv York Q: StalCford (0) Cc-�m. .cncinz at the as t e r 1 y end_ of the _ ,°ivate ri<�'ht-of-we.y Of New York & St=.mford Railwa,, :iom-airy at Forth Street in the Village of Rye and runni ns across North Street and east=rl;; along Pa.ilroad Avenue t,o 1:lrn place, along rlm Place to ?urc'na e 'venue, along P-archdse Avenue to Boston Post Road, crossing 'Bosten Pcst Road, alcn';, Cross Street, to Palisade Road, a"07 � palisade Road tolreadow etre,a,t, along Veadocv Street to T idland Avenue, along, Mi dla_r,d :?venue to South. Street; alon'a' Sz)uth. Street to Grace Church Street, alonS Grace Church Street to South hair. Street and alon= South ._win Street and ucrtl '_'lain Streit to Street and aloe= 7jill Street t0 ',,he center line of Byram, River. �2) That the New York and Star�ZLord Rai _tiva.y Ccrnj anv r..:ay a,-ree "uiit C unty Tra^_8-__-Ortati;�n �.'O'! 1G an;rs Inc . bar o,3e-rating agreeilent or lease for the actual c_ ration by Ccu4ty T'ran a-i,:ertation Co':n® many, ino . , of buses or imstor vehicles over Such rcutes, sa d o era.tiing a--le-cAnt Or lease to -Grovi de, so far as i.he Town Of ai�aro neck is concerned, all the terns and condition-- a ;® plicable thereto , cf t",'e consent to the o'Per- ati0n of louses -­fovi de °Or, and incladed in the oon3ent heretofore granted bz% the Town of to the County TransRcrtatian Company, inc : by re-solution of this Board adopted P,Sarch 1927o That the consent to t'^_e ragulati on btu th': P':bl_c Service Cozr.mission of fares to be -Charg d .Or t „ tra^.s_Oortation cf ,`aS '^ , C IrS fiver in =end b?' ..�,• _r,';l 2 of Vhe rsa0lution of the Town 9LBoa-rd of the Town Of ira ":arr,n°ck, a-do''ted _.-arch. , 1Q127, be an th, = IerC,'o'r is e`;tend-ed to cover the t-r .nsportaticn _T -oassengars bi.7 bases or r^:otor ve't11C1 eS in5te?.dOf calls, a:nd be it further R S^.T7Br that this consent khall not become operative unless and until the ,,TeJ York & Stanforc Pa.' lre;j Co r,e.nT shall have obts.ired_ the cCl� °nty of -hic 771_111a -'e Of Port C''ne.Oter, t' a Villa e of alyd To`^In Of give, ' 7l."! l 5=C -° FTarr],a0n, i Vi l ao" c .-r ^eck an f_ the Vi- 11--b-a of Larchmont; and the _-Dublic Service CoTui,i ssicr to the operation Of b-oses or 1'iioi' T. vehicles in -,lase of ane. az substitution for trolley carsL u,-,On siubS a-inti ally the r-utes hereinabove '_cr;* bcd and for the actual ^era tion h';? COl;:nt" Tran O';Ortation Co%-ri-nan7, O t- _ Inc , of .`c:)i Veahioles over such T­utss a= shall 'n=.zie c enced the operation of such %ases over such _auto- and ,)r_vided ft'irther that this consent shall rei' a.in c-�^erats -%e only so long as sai_-. buses shall. cO."P_t rm-_ to be - oper ated - on the aforesaid _outes in i� accordac:, -laith the terms conlition8 of said bus consent, and be It further anLU71 that this co_ssnt shall be held and enjoyed_ for the ts_m of ten {10) years from the late herein, a,nd at the end_ of such eric? this cons=ent shall cease and determine unless it shall soon er cease anf determine as,l. ovida in the franchises heretofore granted to the New fork & Stamford Railway Company or as h ._ re,in ",rovi.'de , .'nd, be it furt!'_er F'F_,j;^}LTjW that this carsant shall not in any way abrogate or modify the respective rights as now exist in the franchises harsh c r-:- granted the New York ,R , can°y.^r_ __ Railway n Tyany, all rightG of the New Yorlt 7 Stamford Railway Company and the Town of Hamarcneok remaining in full force and b effects except as herein syeoifically c v _ s , .'4 delegation appeared before the Town Board 'e regr Faint® in _�r Dillon _ ark District . r . Farrell spoke for „1 oatio'L and stated that they appeared for the purpose of having some action taken by the .'Di. Board with relation to the establishment of a Sewer System in the Dillon Park ?rea.. Ur . Farrell reviewed the situation in connection with the ✓resentation of petitions her^cto o to the "'d'' the establishment o . Nitric , que t d the alpolntient of Com- mis:aicners . _' ;tar discussion of the matter , it vas, of notion rely wn_•T7-'�'. that the Board further consider the _+,tj .r of the sewage For Dillon Park at special meeting to be held on ed- nes:_ay, VJuly lc �J I fn Paul T. O' Keefe, representing jame5 R. iur yhjy, nc appeared before the Board and presents! three written a . lications in connection with a, public au.ctio"f! which James R l:r,--hy, --no . , "'o-posed to hold in the Maple Hills Development on July 18th, 1927 or . O'Keefe requested :'ermis _ion to erect a tent on said property and install lights therein, in which it was proposed to hold said auction sale: to install certain ns on the property and on automobiles to be used for conveying prospective e p ass .,e Esc _ rs to the property — Mr . O' Keefe was advised that the Town Rn3_rC had no jurisdiction over the attar of lights to be installed in the tent . Upon _sti on, dully secoTide , i it was RESOLVED, that parmi3sion is hereby granted to James R. '4urphy, inc , , to hold an auction in the Maple Hill Development"_ent on Jule lrth, lF=7y provided Ja7,--aF R. Murphy, ^,c . furnish to .he Town of Mamaroneck a liability policy in- suring the Town o n Mamaroneck against nst an?i and all loss from accidents resultin:_ from said auction sale or connected ther,,.°rith. further IMME FES0177D, that James R. 1'.`ur"Oh,', _no be and they hereby are granted er- mission to erect siI'_s on the Eagle Hill development, advertising said. auction sale, said Signs to be .TecteCi each oorni'ng and ta'_;:en down each e"ven.- i nS, up to send including July 18th, 1927 The Town Clark advised the Board that after an axa i:(1�'i.® tio'n of the flag pole standing in the Village Square and owned by the Town of Mamaroneck,aroneck, the pole was rayor ed. it bad Condition. T'h'-_',_t he and the Superintendent of Highways recommended that some action be taken by the Town Board. On notion, duly seconded, it was FESQVED, that the matter of the flagpole be referred to the Supervisor, Town Clerk and the Superintendent of Highways, to have the same repaired., or, if they deemed it advisable, to have said flagpole re- p:laced by a new pole, all at the expense and cost of the Town. .A communication was received from the Board of Sever Cownissioners advising the _ that the Commission had opened bids for the construction of Sewers on the Contract 13 in the r{ood.s of ,gas h i':;ont and Colonial 'ark and requesting the issu- ance and Sale of bonds in the sum of 175,0 0. The oCID', niCa- tion was ordered noted in the minutes, placed on file and the same referred. to Counsel, -- i Co n4ittee from the Colonial Park and Neighborhood Association appeared before the Board and discussed with them the firing of the Rockland Avenue Bridge, the extension of t Ater and the extension of Sewer mains .Bridge, ter discussing o ssing those matters with the committee, they were referred to the Su erintendent of Highways for his attention. fr , Charles presented a. claim for li cation to the Build; which application had due consideration, it Smith appeared before the Board and refr7d of 'deposit and mdde with his ap_— .ng Commission for a Building permit, been denied by the said Commission. After was, upon motion, duly seconded, R SOLV7-, that the claim of Charles Smith in the sum of 3.00 for refund and deposit ::lade on an apnlication to the Building; Commission for permission ',o erect a Building in Dillon ?.-_k be, and the same hereby is granted and the claim referred to the Board of Auditors for their audit . The Clerk presented a communication from the Ward of Sewer Commissioners of Sewer District To . 1 of the Town of ' am a® roneci'a re _uesting the issuance of Certificates of Indebtedness in the sum of Thirty-fo•uT thousand, five hundred eleven an? 13:11100 '04, 11.13' Dollars , to be Used and applied in connection `nithi the cost on contract 'To . 12 with the Voy Engineering and Construo ion Convany, !no , After Usc"0-ss'i.on, yon Motion, daly ssocnde.d, it was RFS01VED whereas the Board of Sewer Commissioners have estimate? and report- ed to this g, and the estimated cost of construction of Contract No . 12, `,Kith the Gray Engineering and Construction Company, !no . , determined as required by law; and � hihnk-Q , yuTs-Unnt to law the Town shall cause Certificates of indebtedness to be issued, the same to be a Town charge , the proceeds 6f xhich Certificates shall be • applied in payment of the cist of said part or portion of such Sewer District as is so requested by said Sower Cowmissiona2s , therefore, be it R7201771, that the Supervisor be and he hereby is authorized and eLjcwar,f ina0cordanca with the law, to borro�-! upon the faith on? credit of the Town of Haxar;neoh the sum of not to exceed Thirty-four th�' ousand, five hundred eleven, and IVIC0 ronars, and to issue a temporary certificate or certif- icates of indebtedness in the amount of not to exceed Thirty-four thousandifivt I , " hundred 5le7an and It/10C (Q,A: 511.13) Dollars, which shall bear interest at a, rate of not to exceed six yam. i cent per annum, payable at such tine or tizes as the Suj- ery M isor ST fix, not eNceedins' Vocnever, eightaen months from the date hereof. and to sell or dispose of said Certificates of indebtedness for net less than the pan value thereof; and flay thdr, =01.777T, that said Certificates or Certificate of indebtedness shall be in substentially the following form- UPITITE STAMS 07 LM7RTQ_ STATF OF NEW YORK COUNTY 07 7ESTMEFTE7, TnTU M MAU ARC FECT7 Certificate of indebtedness issued. Pursuant to Section 237 of the Town Lho of the at of Fes 75rT, for qpmpr pint-Int un? no +VP "nor of mayaroneolk NO . Act The Town of hamaroneck in the County of 7estobest= a hunicigal Corporation of the State of Nea York, hereby ack- ncaledgas it is indebted and for value received promises to pay to the sum of lawful money of the United Mates of America uith interest thereon at a Tate of per cent per annum, on or before at This ceitificaQ of indebtedness is one of an issue of Thirty-four thousand, five hundred eleven and 131100 ('34, 511 - 10 Dollars, issued nuisuant to the provisions of the Town Law con- stituting Chapts; 62 of the Consolidated Laws of the State of New York, and a resolution of the Town Toard of the Town of Tama- roneck duly adopted jaly 8, 1?27. it is hereb7 certified and recited that all conditions., acts and thinSs required by the constitution a-d statutes of the State of New York to exist, to havc happened and to be performed precedent to and in the issuance of this certificate of indebted- ness, evist, have hallanzd and live been jer&rmed, and that the issue of certificate of indebtedness, of which this is one, to- gether gith all other inaahtedness of s9id Town of Namaronech is within their HIM and other limits 7rescribad by the constitution ord laws of said State . yN W1q'Ti S 7rT Rrnr the Town of 7amaroneck, tr o ,.,a its Town Board; has caused this certificate of indebtedness �to '. be sinned b- its Supervisor and the corporate seal of said To'' 'n to be hereunto affixed and attested by its Town Olerk, and this '. certifici_te of indebtedness to be ated the ay of , 1527 . Attest. Town. Clerk Further, cu,�eryis;,;, RO?1771, that the Town of OJT^'.znroneA hereby covenants to pay the principal and interest of said certificate or certificates of indebtedness in he amount herai ehove 1rovided as the same Shall become We, by l ,evy^ nG assessments on proyarty of Sewer District 'o . l of the Town of lx?am aro._eck it such time or tines and in such amounts as may be necessary therefor. The Town of Har:aroneeck further Covenants that in case of _. default in carrying out the foreyoinj covenant, the said Town will raise by taa'ir_o all taxable property in said Tomlin of hamaroneck from time to time the sum or sums sufficient to Vay the pTin- aal and interest of said certificates or certificate of indebtedness as the same .shall become due . Upon mot'_o the neetinz adjourned at 11:00 P . H. - To n Clerk