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