HomeMy WebLinkAbout1923_10_03 Town Board Minutes Meeting of the Town Board
TOWN OF MAMARONECK
held October 3rd, 1923.
The meeting was called to order by Supervisor Burton
at 10.30 P.M.
PRESENT: Supervisor Burton,
Justices Boyd, Collins, Dudley, Shafer,
Town Clerk Sherman.
Upon motion, it was voted to dispense with the reading
of the minutes of meetings not yet approved.
The report of the Supervisor for the period, ending
October 1st, was received, read, ordered placed on file and is
as follows:
October 1st, 1923.
Gentlemen:
Permit me to submit herewith my financial statement
for the month ending September 30th., 1923, viz:-
Balance on hand on September 1st, 1923 , $55,549.91
Deposited by Receiver of Taxes $102,872.30
Rec'd from P. H. Collins, Justice 1,455.00
W. A. Boyd, 109.50
F. P. Shafer 505.00
Clark, Close & Davis,
costs in tax liens foreclosure, 106.55
Rec'd from American Utilities
Contracting Co. for repair- 1,200.00
Interest on fire house fund., 119.20
" Sewer Fund, 17 .24 106,384.79
Total, 161,934.70
Payments:-
Audited Claims, 4 ,342. 61
Bond account, 4,000.00
Certificate of Indebtedness, 12,000.00
Interest on above 494.50
Interest on bonds 1,237.50
Fire House Fund, 2,052.78
Highway Fund, Item A 309.00
Item E 638.76
Item F 41.21
General Repair, 1,803.71
Item #3 97.67
Item #4 83.35
Salary account, 1,904.15
Sewer Fund, 2,543.62 $44,048.32
Balance on hand this day, $117,886.38
Respectfully submitted,
(signed) George W. Burton,
Honorable Town Board,
Mamaroneck, New York. Supervisor .
A communication from the Board of Appeals was received
and read, which was ordered spread upon the minutes and is as
follows:
September 29 , 1923.
Mr. F. M. Sherman, Town Clerk,
8 Elm Street,
Mamaroneck, New York.
Dear Mr. Sherman:
At a meeting of the Board of Appeals held on
September 27, the Rules and Regulations of the Board of Appeals
were amended as hereinafter stated.
Rule 1 was amended by the addition of the follow-
ing sentence: A further stated meeting of the Board may be held at
the same time and place on the second Thursday of each month if
there is business pending to warrant the holding of such a meeting.
With this amendment, Rule 1 will read as follows:
Stated meetings of the Board shall be held monthly at the office
of the Town Clerk, at 8:30 o' clock in the evening, on the last
Thursday of the month, unless such day is a legal holiday , in
which case the meting shall be held on the First Thursday there-
after which is not a legal holiday. A further stated meeting of
the Board may be held at the same time and place on the second
Thursday of each month of there is business pending to warrant the
holding of such a meeting.
A now rule was adopted by the Board to be known
as Rule 11. This rule reads as follows: In all appeals where a
variation of set back restrictions is requested, the appellant
shall submit to the Board a complete plot plan of the property on
which the proposed building is to be set, showing the proposed
location of all buildings on said plot drawn accurately to a
scale of not less than one-eighth of an inch to a foot.
Will you please submit these two amendments to
the Town Board at its meting on Wednesday evening, October 5th?
I shall appreciate it if you will advise me of the action that
the Town Board takes on these amendments so that I may send you
proper material for publication in the town nesspapers regard-
ing them.
Yours very truly,
{Signed } Richard W. Hill,
Secretary,
Board of Appeals.
Upon motion, duly seconded, it was upon ROLL CALL,
RESOLVED, that this Town Board hereby approves
the following amendments of the Rules and Regu-
lations of the Board of Appeals; that Rule 1 of
the Rules and Regulations of the Board of
Appeals of the unincorporated part of the Town
of Mamaroneck, be amended by the addition of
the following sentence:
"A further stated meeting of the Board may be
held at the same time and place on the second
Thursday of each month if there is business
pending to warrant the Holding of such a meeting.
and it was further
RESOLVED, that the following rule be added to
said Rules and Regulations to be designated as
Rule 11, and to read as follows:
"In all appeals where a variation of set back
restrictions is requested, the appellant shall
submit to the Board a complete plot plan of the
property on which the proposed building is to
be set, showing the proposed location of all
buildings on said plot drawn accuarately to a
scale of not less than one-eighth of an inch
to a foot."
and, it was further
RESOLVED, that the Town Clerk be and he here-
by is authorized and empowered to have same
published in accordance with the Law;
and be it further
RESOLVED, that the Town Clerk be authorized
and directed to forward a certified copy of
the resolution to the Secretary of the Board
of Appeals.
A farther communication was received from the Board of
Appeals stating that the appeals of the following appellants had
been granted and the decision of the Building Commission, reversed:
Appeals of the New Rochelle Realty Company, William S. Bohan,
J. J. Saxelby, Michael Doherty, E. A. Hauschild, Karl Feibig and
Joseph Rigano.
Whereupon the following resolutions were upon ROLL CALL,
unanimously adopted:
WHEREAS, the Board of Appeals of the Zoning
Commission have acted upon and have recomm-
ended to the Town Board that the appeal of
Joseph Rigano to erect a one family residence
at the intersection of Weaver Street and
Orchard Road within thirty feet of the street
line be granted and the decision of the Build-
ing Commission be reversed, therefore be it
RESOLVED, that the Town Board pursuant to
Article 5 Section 26 of the Town Law, hereby
consents to and confirms the action of the
Board of Appeals to reversing the decision of
the Building Commission.
WHEREAS, the Board of Appeals of the Zoning
Commmission have acted upon and have recommended
to the Town Board that the appeal of the New
Rochelle Realty Company to efect a one family
residence on the south side of Edgewood Avenue
within thirty feet of the street line be granted,
and decision of the Building Commission be rever-
sed, therefore be it
RESOLVED, that the Town Board pursuant to Article
5 Section 26 of the Town Law, hereby consents to
and confirms the action of the Board of Appeals
in reversing the decision of the Building
Commission.
WHEREAS, the Board of Appears of the Zoning Com-
mission have acted upon and have recommended to
the Town Board that the appeal of the New Roch-
elle Realty Company to erect a one family resi-
Bence on the south side of Eagewood Avenue, west
from Edgewood Terrace, within thirty feet of the
street line be granted and the decision of the
Building Commission be reversed, therefore be it
RESOLVED, that the Town Board pursuant to Article
5 Section 26 of the Town Law, hereby consents to
and confirms the action of the Board of Appeals
in reversing the decision of the Building
Commission.
WHEREAS, the Board of appeals of the Zoning
Commission have acted upon and have recomm-
ended to the Town Board that the appeal of
the New Rochelle Realty Company to erect a
one family residence on the east side of
Chatsworth Avenue, north from Edgewood Ave.,
within thirty feet of the street line be
granted, and the decision of the Building
Commission be reversed, therefore be it
RESOLVED, that the Town Board pursuant to
Article 5 Section 26 of the Town Law, hereby
consents to and confirms the action of the
Board of Appeals in reversing the decision
of the Building Commission.
WHERE, the Board of Appeals of the Zoning
Commission have acted upon and have recomm-
ended to the Town Board that the appeal of
William S. Bohan to erect a one family res-
idence on the north side of Palmer Avenue
at the corner of Merritt Street, within
thirty feet of the street line be granted ,
and the decision of the Building Commission
be reversed, provided that no portion of
the house be nearer than eighteen feet to
Palmer Avenue and fifteen feet to Merritt
Street, therefore be it
RESOLVED, that the Town Board pursuant to
Article 5 Section 26 of the Town Law, hereby
consents to and confirms the action of the
Board of Appeals in reversing the decision
of the Building Commission.
WHEREAS , the Board of Appeals of the Zoning
Commission have acted upon and have recomm-
ended to the Town Board that the appeal of
J. J. Saxelby to erect a one family residence
on the south side of Glenn Road at the corner
of Chatsworth Avenue, within thirty feet of
the street line be granted and the decision
of the Building Commission be reversed, pro-
vided that no portion of the house be nearer
than thirty feet to Chatsworth Avenue and
twenty one feet to Glenn Road, therefore be it
RESOLVED, that the Town Board pursuant to
Article 5 Section 26 of the Town Law, hereby
consents to and confirms the action of the
Board of Appeals in reversing the decision of
the Building Commission.
WHEREAS, the Board of Appeals of the Zoning
Commission have acted upon and have recomm-
ended to the Town Board that the appeal of
Michael Doherty to erect a one family resi-
dence on the north side of Premium River Road,
200 feet west from Looust Terrace, within
thirty feet of the street line be granted,
and the decision of the Building Commission
be reversed, provided that no portion of the
house be nearer the street than is the next
house on either side, therefore be it
RESOLVED, that the Town Board pursuant to
Article 5 Section 26 of the Town Law, hereby
consents to and confirms the action of the
Board of Appeals in reversing the decision
of the Building Commission.
WHEREAS, the Board of Appeals of the Zoning
Commission have acted upon and have recomm-
ended to the Town Board that the appeal of
E. A. Hauschild to erect a one family residence
on the northerly earner of Rockingstone Ave.,
and Spruce Road, within thirty feet of the
street line and decision of the Building
Commission be reversed, provided that no
portion of the house be nearer than twenty
four feet to Spruce Road, therefore be it
RESOLVED , that the Town Board pursuant to
Article 5 Sections 26 of the Town Law, hereby
consents to and confirms the action of the
Board of Appeals in reversing the decision
of the Building Commission.
WHEREAS, the Board of Appeals of the Zoning
Commissions have acted upon and have recomm-
ended to the Town Board that the appeal of
Karl Feibig to erect a garage on the south
side of Dean Place, 180 feet east from the
Boston Post Road, the said garage being
located less than seventy five feet from the
property line, be granted, and the decision
of the Building Commission be reversed, pro-
vided that the garage be placed in accord-
ance with the diagram submitted to the
Board, therefore be it
RESOLVED, that the Town Board pursuant to
Article 5 Section 26 of the Town Law, hereby
consents to and confirms the action of the
Board of Appeals in reversing the decision
of the Building Commission.
The following resolution was presented by Justice Boyd
seconded by Justice Shafer, which upon ROLL CALL, was unanimously
adopted:
WHEREAS, certain proceedings have heretofore
been duly had before this Board whereby
Sewer District No. 1 of the Town of Mamaroneck
was extended to include certain sections with-
in said Town commonly known as Colonial Park
and Larchmont Gardens as are more particularly
shown on a certain map made by E. C. Van Etten,
Civil Engineer and filed with the Town Clerk
of this Town; and
WHEREAS, a petition, approved by the Board of
Sewer Commissioners, has heretofore been duly
presented to this Board and filed with the
Town Clerk of said Town of Mamaroneck under
Section 230 et seq. of the Town Law petition-
ing this Board to extend the said Sewer District
No. 1 in accordance with the description there-
in contained and authorizing the sum of
$500,000.00 to be expended to pay for the cost
of extending said Sewer District; and
WHEREAS, the Board of Sewer Commissioners has
entered into a certain contract to lay a
lateral sewer in and along certain streets with-
in said Sewer District as extended; and
WHEREAS, the bonds which are to provide the
money for said sewer improvement authorized by
said petition have not yet been sold; and
WHEREAS, the Board of Sewer Commissioners has
prepared a statement from which it appears that
pending the issuance and. sale of said bonds
they require the sum of $10,000.00 to meet
certain payments under the aforesaid contract.
NOW, THEREFORE, be it
RESOLVED, that this Board borrow on the faith
and credit of Sever District No. 1 of the Town
of Mamaroneck the sum of $10,000.00 in antic-
ipation of the sale of the bonds hereinbefore
mentioned; and be it further
RESOLVED, that a certificate of indebtedness
of the Town of Mamaroneck be and the same here-
by is directed to be issued in the amount of
$10,000.00 to be dated October 3, 1923 and to
become due and payable on January 3, 1924, to
be paid out of the proceeds of the sale of
Sewer Bonds hereinbefore mentioned, to bear
interest at a rate not exceeding 6% per annum,
to be signed by the Supervisor and attested by
the Town Clerk under the corporate seal of said
Town, and to be in the following form with the
blanks properly filled out
STATE OF NEW YORK
COUNTY OF WESTCHESTER
TOWN OF MAMARONECK
CERTIFICATE OF INDEBTEDNESS
No. 2 $10 ,000.00
KNOW ALL MEN BY THESE PRESENTS, that Sewer District
No. 1 of the Town of Mamaroneck, New York, a municipal cor-
poration within the County of Westchester, State of New York,
acknowledges itself to be indebted to and for value received
promises to pay to
its successors and assigns, the sum of Ten thousand ($10,000.00)
Dollars, lawful money of the United States, on January 3, 1924
with interest thereon at the rate of % per annum.
This certificate is issued in pursuance of a resolation
of the Town Board of said Town duly adopted at a meeting held on
October 3, 1923 in anticipation of the sale of certain Sewer
Bonds for Sewer District No. 1 of said Town of Mamaroneck and shall
be paid from the proceeds of the sale of the aforesaid bonds.
IN WITNESS WHEREOF, the Town Board of the Town of Mamar-
oneck has caused this certificate to be signed by its Supervisor
and to be countersigned by the Town Clerk anal the corporate seal
thereof to be hereunto affixed this 3rd day of October, 1923.
Countersigned: SUPERVISOR.
TOWN CLERK.
Seal.
RESOLVED, that said certificate be sold by the
Supervisor at not less than its per value and
shall be payable out of the proceeds of the
sale of said Sewer Bonds.
A communication from Building Commissioner Harlach was
received and read resigning as Building Commissioner to the fact
of being a candidate for Supervisor of the Democratic Party. The
communication was ordered placed on file and upon motion duly
seconded, it was
RESOLVED, that the resignation of J. G. H. Harlach
as Building Commissioner of the unincorporated
part of the Town of Mamaroneck, be and hereby is
accepted to take effect immediately and the Clerk
was directed to so inform Mr. Harlach.
The Supervisor reported that the Board of Trustees of
the Union Water District have been meeting from time to time and
requested that this Board authorize an expenditure of $150.00
to meet its share of the obligations entailed in the working of
said water district.
Upon motion duly seconded, it was upon ROLL CALL
unanimously
RESOLVED, that this Town Board authorize he
Board of Trustees of the Westchester Union
Water District, to incur obligations for its
preliminary expense, an amount, the propor-
tionate share of which is chargeable to this
municipality, shall not exceed the sum of
One Hundred and Fifty ($150.00) Dollars.
WHEREAS, at a special meeting duly called by
the Town Clerk of the Town of Mamaroneck pur-
suant to the provision of Section 48 of the
Town Law, held on the 27th day of January, 1923,
duly qualified electors of Fire, Lighting and
Water Supply District No. 1 of the Town of
Mamaroneck, New York, did adopt a proposition
whereby the Town of Mamaroneck was authorized
and directed
(a) to purchase and equip an automotive hook and
ladder fire truck and apparatus for the ex-
tinguishment of fires, for use within Fire,
Lighting and Water Supply District No. 1 of
said Town, at a cost not to exceed $10,000.00,
pursues to Section 313 of the Town Law, and to
(b ) raise and collect therefor the sum of not ex-
ceeding $10,000.00 by assessment and tax to
be levied upon the taxable property lying
within Fire, Lighting and Water Supply District
No. 1 of said Town of Mamaroneck; and
WHEREAS, heretofore and on October 1, 1922, as
a result of competitive bids received by this
Board, after notice thereof was duly published,
this Board awarded the contract to construct
and furnish to this Town an automotive hook and
ladder fire truck and apparatus in accordance
with certain specifications prepared for that
purpose, to the American La France Fire Engine
Company, Inc., for the sum of $9800.00.
NOW, THEREFORE, be it
RESOLVED, that the said sum of $10,000.00
authorized to be raised at the special meeting
of the qualified electors of Fire, Lighting and
Water Supply District No. 1 of said Town of
Mamaroneck, held on January 27, 1923, be raised
by the issue and sale of bonds in accordance
with the provisions of Section 313 -a of the
Town Law; and be it further
RESOLVED, that said bonds be sold at public sale
to the bidder offering to take them at the
highest rate of premium on the 22nd day of
October, 1923, at 8.30 o' clock P.M., at the Town
Clerk's office, No. 6 Elm Street, in the Village
and Town of Mamaroneck, and that a proper notice
of sale be published in the Larchmont Times,
Mamaroneck Paragraph and Richbell Press , three
newspapers published within the Town of Mamaroneck
and in the Bond Buyer, a financial newspaper pub-
lished in the City of New York, at least once
prior to the date of said sale; and be it farther
RESOLVED, that said bonds shall be issued
in the name and under the seal of said Town
in denominations of $1,000.00 each, numbered
1 to 10, dated November 1, 1923, and payable
as follows:
Bonds Numbers 1 and 2, each for the sum
of $1,000.00, on April 1, 1925,
Bonds Numbers 3 and 4, each for the sum
of $1,000.00 on April 1, 1926.
Bonds Numbers 5 and 6, each for the sum
of $1,000 .00 on April 1, 1927,
Bonds Numbers 7 and 8, each for the sum
of $1,000.00 on April 1, 1928,
Bonds Numbers 9 and 10, each for the sum
of $1,000.00 on April 1, 1929.
with interest thereon at the rate of 5% per annum, payable semi
annually on the 1st days of April and October after the date there-
of until the principal is fully paid. Said bonds shall be signed
by the Supervisor and attested by the Town Clerk of said Town under
the seal thereof , shall be mde payable as to the principal and int-
erest at the First National Bank of Mamaroneck , New York, in New York
Exchange and shall be negotiated and sold by the Supervisor of
said Town at a price of not less thean par; and be it further
RESOLVED, that said bonds shall be in form,
substantially , as follows , the blanks there-
in being properly filled, viz:
UNITED STATES OF AMERICA
STATE OF NEW YORK, COUNTY IF WESTCHESTER
TOWN OF MAMARONECK
No....... $1,000.00
FIRE, LIGHTING AND WATER SUPPLY DISTRICT No. 1
TOWN OF MAMARONECK, AUTOMOTIVE HOOK AND LADDER
FIRE TRUCK AND APPARATUS BONDS.
KNOW ALL MEN BY THESE PRESENTS, that the Town of
Mamaroneck, a municipal corporation within the County of Westchester
and State of New York, for value received, hereby acknowledges it-
self indebted and promises to pay to bearer, the sum of One thousand
($1,000.00) dollars, lawful money of the United States of America,
on the 1st day of April, in the year 192., at the First National
Bank of Mamaroneck, New York, together with the interest thereon,
from the date hereof at the rate of 5% per annum, payable on April
1st, 1924 and semi-annually thereafter on presentation and sur-
render of the interest coupons hereto annexed as they severally be-
come due, both principal and interest beying payable in gold coin
of the United States of America of the present standard weight and
finesness, at the First National Bank of Mamaroneck, New York, in
New York Exchange.
This bond is one of as issue of bonds aggregating the
sum of $10,000.00 numbered 1 to 10, inclusive, of like date, amount
and tenor, but maturing at different times, issued pursuant to the
Laws of the State of New York, known as Sections 313 and 313-a of the
Town Law for the purpose of paying the cost of an autotmotive hook,
and ladder fire truck and apparatus for the extinguishment of fires,
for use within Fire, Lighting and Water Supply District No. 1 of
the Town of Mamaroneck, New York, and pursuant to proceedings and
resolutions in all respects anthoriziirig the same.
It is hereby certified, recited and declared that all con-
ditions, acts and things essential to the validity of this bond,
exist, have happened and have been done in due time, form and manner,
and that every requirernent of law effecting this bond and the issue
of which it forms a part has been duly compiled ith, and that the
total indebtedness of said Town, including this issue of bonds, is
within every debt and other limit prescribed by the Constitution and
Laws of the State of New York, and that the full faith, credit and
and resources of Fire, Lighting and Water Supply District No. 1
of said Town are hereby irrevocably pledged to the punctual pay-
ment of the interest and principal of this bond according to its
terms.
IN WITNESS WHEREOF, these presents have been signed
for as on behalf of said Town of Mamaroneck by the Supervisor
thereof and attested by the Town Clerk under the seal of said
Town as of the 1st day of November, 1925.
TOWN OF MAMARONECK,
By:-
Supervisor.
Attest:
Town Clerk.
and be it further
RESOLVED, that the Supervisor of said Town
before the delivery of said bonds, shall
enter into a joint and several bond to
said Town with at least two sureties, or
furnish a Surety Company bond at the ex-
pense of said Town in the penal sum of
$1,000.00, which amount is deemed as ade-
quate security conditioned for the faith-
ful performance of his duty in issuing
said bonds and the lawful application of
the funds arising therefrom and of the
funds which may come into his hands, which
shall be approved by the County Judge of
said County and filed in the office of the
Town Clerk of said Town; and be it futher
RESOLVED, that this Board shell provide for
raising annually, by tax, as required by
law, against the taxable property situated
within Fire, Lighting and Water Supply
District No. 1 of said Town a sum suffic-
ient to pay the interest and principal of
said bands as the same shall be come due.
Upon a vote being taken upon the foregoing resolu-
tions, the same were unanimously adopted.
Upon motion, the meeting adjourned at 11.40 P.M.
Frederick M. Sherman
Town Clerk