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HomeMy WebLinkAbout1925_01_21 Town Board Minutes A MEETING OF THE TOWN BOARD TO MT OF MAMARONECK held January 21st, 1925. The meeting was called to order by Supervisor Burton at 9.44 P.M. pRES1'T: Supervisor Burton Justices Boyd, Collins and Shafer Town Clerk Sherman Counsellor Gamble The minutes of the meetings of December 3rd and 26th, 1924, and January 6th, -.,7th and 14th, 1925, were read, and upon motion approved. The report of the Receiver of Taxes for the month of December, 1924, was received, read, ordered placed on file and is as follows : TOM OF MAMARONECK OFFICE OF RECEIVER OF TAXES Harry T. McGivney, Receiver Santo Lanza, Deputy January 2nd, 1925 . Sir: Pursuant to Section 23 of the Westchester County Tax Law I hereby respectfully report the amount of State, County, Town, School, Highway and Special District Taxes, together with the interest and penalties thereon, collected by me during the month of December, 1924 1924 1923 1922 1921 all Int .& total taxes .taxes taxes taxes arrearsPnits. State & County 1161.46 126.16 1287. 62 U hwa 327.63 42.95 _370. 53 Town 348.66 37 .76 386.42 Di s tract 1058 .24 118.52 1176.76 Sewer tax Dist. 1 227.81 64.75 292 .56 Sewer Assmt. School Dist . 1 6443.02 603.54 7046 .56 School Dist.2 Arrears r 572.87 29.65 448 .52 1051.04 Int.& Prlts. 707.53 223.04 123.57 22.53 612.72 1689.49 Total $ 13301.03 177 Deposited with the Larch- moot National Bank, Deposited with the First National Bank of Mamaro- neck, 13, 301.03. Respectfully submitted, HARRY T. McGIVNEY, Receiver of Taxes. To . Geo. W. Burton, Supervisor, Town of Mamaroneck, Mamaroneck, N.Y. The report of the Town Clerk for the month of December, 1924, was received, read, ordered placed on file and is as follows : January Seventeenth, 1 9 2 5 Geo. W. Burton, Esq., Supervisor, Town of Mamaroneck, New York. Dear Sir : -- I beg to submit herewith the report of the Town Clerk of licenses issued and fees collected for the month of Deeember, 1924, as follows : Dog licenses issued 25 $ 6.25. Marriage " It 13 13.00. Chattel mortgageig filed 52 5. 70 . Telephone calls .50. Total amount, $ 25.45. Enclosed find check covering the above amount. Respectfully submitted, FREDERICI{ M. SHERIAN Town Clerk. A communication from the Board of Appeals was received and read, recommending the changing of several sections of the Zoning Ordinance and amendments thereto . Messrs. Perrin and Howell were present and the matter was taken up, considered and discussed with them. After a full discussion of the matter and =upon the written re- commendation of the Board of Appeals, established and appointed pursuant to the Zoning Ordinance of the Town of Mamaroneck It was, upon motion of Mr. Justice Shafer, se- conded by Mr. Justine Collins, unanimously RESOLVED, that the Zoning Ordinance of the Unincorporated Part of the Town of Mamaroneck, Westchester County, New York: "An Ordinance adopted by the Town Board of the Town of Mamaroneck, New York, at a Meeting held on June 21st, 1922, by virtue of the power vested in said Town Board under the provisions of Chapter 322 of the laww,vof 1922, to establish build- ing, lines on any property fronting or ad- joining any public streets, and require all buildings hereafter erected to be with- in such lines, to regulate and restrict the location of trades and industries and the location of buildings designed for special uses, to regulate and limit the height, and bulk of buildings hereafter erected, to regulate and determine the area of yards, ,courts and other open spaces surrounding buildings, and to establish the boundaries of districts for the said purposes and to provide penalties for the violation of its provisions, together with the amendments thereto" - be amended as follows : 1. That Section 24 of Article V, Board of Appeals, of the Zoning Ordinance be amended so as to read as follows : Section 24. Meetings : The meetings of the Board shall be helc? at least once a month and at such other times as the Board may determine. The presence of all four members shall be necessary for a quorum. All hearings of the Board upon appeals brought before it, shall be public, but the Board shall have the right to go into executive session for the determination of such appeals or of other matters properly before it. The Board shall keep minutes of its pro- eeedir.?'s, showing the vote of each mem- ber upon every question, or if absent or failure to vote, indicating the fact. 2. That Section 25 of Article V, Board of Appeals, be amended so as to read as follows : Section 25 . Disposition of Appeals: The final disposition of any appeal shall be in the form of a resolution either reversing, modifying or affirming the decision or determination appealed from. if a resolution fails to receive three- fourths of the votes of those present at any meeting of the Board in favor of the appelant, the decision or determina- tion appealed from shall be deemed affirm- ed and an order to that effect entered upon the record. 3. That Section 26 of Article V, bard of Appeals, be amended by adding a new paragraph after Sub-Division 9 of said section, to be known as Sub-Division 10 and to read. as follows : 10 . The notice required by this section shall be given by p%blication thereof in at least one newspaper published in the town, and by roosting thereof in at least three conspicuous placed within the unin- corporated district of the town, at least seven days before the meeting. 4. That Section 28 of Article VI , General and Admin- istrative, be amended so as to read as follows : Section 28 . Enforcement, Legal procedure, Penalties : _ This ordinance shall be enforced by the Building Commission. The Board of Appeals shall also have the power -- to enforce any of their own decisions after the same shall become effective . The owner, agent or contractor of a building or premises where a violat- ion of this ordinance has been committ- ed or shall exist, and the lessee or tenant of an entire building or entire premises where such violation has been committed or shall exist, and the owner, agent, contractor, lessee or tenant of any part of a building or pre- mises in which part such violation has been committed or shall exist, and the agent, architect, builder, contractor, or any other person wino knowingly com- mits, takes part or assists in any such violation or who maintains any building or premises in which any such violation shall exist, shall for each and every violation, and wiren such a violation is continuous, for each twenty-four hours thereof, be subjiect to a fine of not more than $200 .00 . A violation of this ordinance shall constitute a mis- demeanor and a person so offending shall be deemed a disorderly person. 5. That the present Section 32 of Article VI , General and Administrative, be renumbered Section 33 and that a new section to be known as "Section 33, Amendments", be adopted to read as follows : Section 33 . Amendments: This ordinance may be amended by a majority vote of the Town Board but only after the proposed amendment shall either have originated with the Board of Appeals or have been referred to the Board of Appeals for public hearing and recommendation". And be it FURTHER SESOLVyD, that the Zoning Hap w'hieh, together with the designations shown thereon, accompanies the afore- said Ordinance and which is therein declared to be and is made a part thereof, be and the same hereby is amended as follows : The districts on both sides of the Boston Post Road for a depth of 200 feet in both its east- ern and western sections, respectively, to wit, from its point of intersection with the easterly boundary line of the City of New Rochelle easterly to its point of intersection with the westerly_ boundary line of the Village of Larch- mont, and from its point of inter- wpm 183 reversing the decision of the Building Com- mission. THEREAS, the Board of Appeals Of the Zoning Com- mission have acted upon and have recommended to the Town Board that the appeal of Luagi . Sgaxnga to erect a one-family residence on the west side of hurray Avenue, within thirty feet of the street line be granted, and the derision of the Building Commission be reversed, provided that no part of the dwelling or stoops or steps there- of be nearer than twenty-two feet of the street line; therefore be it RESOLVED, that the 'Town Board pursuant to Article 51 Section 06 of the 'Town Lava, hereby consents to and confirms the action of the Board of Appeals in reversing the decision of the Building Commission. S"vHEREAS, the Board of Appeals of the Zoning Wm- mission have ached upon and have recommended to the Town Board that the appeal of H,R. Mitchell to erect a one-family residence on the west side of Rockingstone Ave, 125 feet south of Forest Ave, within 3O feet of the street line be granted, Ind the decision of the Buildin6 'Commission be reversed, provided that no part of the building shall be nearer than IS feet to the streetline, therefore be it 2ESOLT77, that the Town Board pursuant to Article 5, Section 06 of the Town Lase, hereby consents to and confirms the action of the Board of Appeals in reversing the decision of the Building Commission, THERUS, the Board of Zppeals of the Zoning Com- mission have acted upon and have recommended to the 'Town Board that the appeal of Michael 70herty to erect a one-family residence on the east side of premium liver Read, 250 feet south of Edge- water Place within 30 feet of the street line be granted, and the decision of the wilding Com- mission be reversed, therefore be it RESOLVED, that the Town Board pursuant to Article 5, Section 26 of the Town Law, hereby consents to and conf irms the action of the Board of Appeals in reversing the decision of the Building Comm iasion. s � � ?"HEREAS, the Board of Appeals of the Zoning Corm- mission have acted upon and have recommended to the 'Town Board that the appeal of Mrs . Bernetta Bowman to erect a two®atory residence on the north side of Hillcreat Ave. 350 feet east of Judson Street within 30 feet of the street line be granted, - and the decision of the Building Commission be reversed., provided that no part of the building or any portion thereof shall set closer to the street lane than 16 feet, and in no case shall the porch be within 18 feet six inches of the street line, therefore be it RESOLVED, that the Torn 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. � s � THEREAS, the Board of Appealsof the Zoning Coam- mission have acted upon and have recommiended to the Town Board that the appeal of George L. Synett to erect a one-family residence on the east side of Edgewater Place, within 7O ark, feet north from Premium River Roo , feet of the street line be granted, and the de- cision of the Building Commission be reversed, provided that no part of the building or portion thereof shall set closer to the street line than 11 feet three inches, 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 Appea,lsin reversing the decision of the Building Commission. 7HEREAS, the Board of Appeals of the Zoning Com- mission have acted upon and have recommended to the 'Town Board that the appeal of the New Rochelle Realty Company to erect a one-family residence on the south side of edgewood Avenue, east from Edge- wood Terrace, within thirty feet of the street line be granted, and the decision of the Building Commission be reverse?., therefore be it BESOLVEE, that the 'mown Board pursuant to Article 51 Section 26 of the Torn Law, hereby contents 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 7oning Com- mission have acted upon and have recommended to the 'Town Board that the appeal of the NI' Rochelle Realty Company to erect a one-family residence on the east side of Chatsworth Avenue, south from Edgewood Avenue, within 20 feet of the street line be granted, and the decision of the Building Corm- mission be reversed, therefore be it RESOLIQ, that the gown 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. s � � The Clerk presented the bond of W. I.Pulmer, Sewer Com- missioner, also the bond covering the fire headquarters in the wood,% of Larohmont and the bond covering the Weaver Street Fire H-ousej the same were ordered held and laid over for a later meeting. The Cleric presented the claim of the Larchmont Post of the tmerican Legion for the Memorable 'day exercises and the rental of their American Legion headquarters at Larchmmaont, and it was upon BOLL CALL 70TEE that the Supervisor be authorized and empowered to pay upon the presentation of a proper voucher therefor, the sum of 000.00 (which seam had been levied in the Tax Budget) to be divided equally between the Larchmont and Mamaroneck American Legion Poets . Justice Shafer, as Chairman of the Fire House Committee of the weaver Street Fire Haase, reports that he has obtained a legal opinion from counsel as to the power of the 'Town Board to purchase fixtures , furnishings and articles of furniture for the Weaver Street Fire Haase. That his committee has accordingly furnished and pro- vided for said fire house such furnishings and articles of furniture as they in their discretion deemed necessary from Julian L. Frank, ® 7 after having obtained a release from the State Commission of Prisons under the Prison Leer, and that the cast of such furnishings and articles of furniture amounted to x$1,172.000 Justice Shafer thereupon moved the adoption of the follow- ing resolution, which upon ROLL CALL, was unanimously adopted- BE IT RFSOL?!ED, that there be lieved and assessed against the tax=able property sitv_a,ted within Fire, Lighting :,nd dater Supply District Nog 1 of the Town of Mamaroneck and collected the sum. of $1,172.00 to pay for the cost of furnishings and articles of furniture provided for the Weaver Street Fire House of said district, and be it further RFSOVEn that the Supervisor be and hereby is auth iVe' a, and empowered to borrow upon the faith and credit of the Town of Mamaroneck the said sum of J1,172,00 and to issue, if necessary, a certif- icate of indebtedness , therefor, and be it further RESOD, that the Supervisor0e and hereby is a.�thorized and empowered to negotiate and sell said certificate of indebtedness for not less then the par vdlue thereof, to bear interest at the rate of not more than 6% per annum., and to mature at such time as the Supervisor may dstermine, and be it further RESOLVE"r that the Supervisor and Torn Clem be and theyfare hereby authorized and empowered to make, execute and deliver such papers that may be necessary in order to effect the sale of the afore- said certificate, and be it further R7101'FE2 that all resolutions heretofore adopted relating to the foregoing expenditures , be and the same hereby are declared rescinded. Justice Shafer of the Fire House Committee spoke of several matters which had been presented to him in the past and suggested the advisability of appointing another member of this Board to act on said Fire Haase 'Committee, The Supervisor thereupon appoint- ed Justice Dudley as a member of the Fire House Committee to act in conjunction with Justices Shafer and 0011inso Counsel reported on the settlement made with the Village of Larchmont in connection with certain unpaid taxes on the pr%e rty which it acquired from the Lerchmont Water Company- He stated that certain school taxes for the year 1923 had heretofore been erroneously paid, that the Town Board had adopted a resolution refunding the sane, he stated that certain other school taxes for the year 1932 should be cancelled as the property was exempt under the provisions of Section 4 Subdivision 3 of the Tax Law, when the said tax becamla, lien, he further reported that certain unpaid taxes which, under the terms of the settlement arranged, the Village of Larchmont had agreed to pay, that the property had been sold by the Town daring the settlement and he therefore recommended _ that the flat amount of said taxes plus interest from their respect- that bedcancelled, and that®the costcOftsalenandladvertisin the Le t I that g and -- accrued interest and penalties since May 2wrd, 1923 be cancelled; he recommended the adoption of the following resolution which was offered by Justice Boyd and seconded by Justice Shafer® RESOLVYn, that the Receiver of Taxes be and he hereby is authorized and empowered to cancel and discharge of rdoord, school taxes for the year J%Z, assesse! on Page YooOOSOIK for special franchises aga=inst the Ull age of Larch- mart, said amount of taxes being 142. 56, said property being exempt from taxation under the provisions of Section 4 Subdivision a of the Tax Law, and it wz1a further ® 8 � RESC°L•'ITF , t7aat ttae Receiver of Taxes be and he hereby io outhorized and empowered to accept from the Yil a.ge of Larchmont the following taxes , capon receiving from the Tillage of La.rchmOnt the flat amount of said taxes plus twelve percent >%) penalty thereon: to may Q, 1= 1 m Tazchmont ?^'titer Co. Pilau Line an Murray Ave. yaoo.) State County and 'Town Taxes of 1922 May .��Q rda IS 2Z D:, x for taxes of 1922 472.52 S2.�3 2 - Larchmont 'Mater Co. Speoiaal Franchi.se,5"illage of Larchmont State County and Town Taxes of 1922 Sold. Pf,;a.y 2vrP,., 1523 for taxes of 192u x363. l8 Z - Larchmont hater 'Company Special 7rarchise Fire 'district 1 state County and Town 'Taxes of 1922 � 72 Sold Yay ZOO 1923 for taxes of 1.920 X71. 4 - Larchmcan.t Water Company Special Franchise Fire Vetrict 41 School taxes for 1922 1 Assessed value $00 , amount of tax q:�1.�2 0, State County and Town taxes of 1922 Wt 6 s Larehmana�. Water Cornpary Pipe Lines and Hydrants (within Tillage of Larehmont) Page 293 flax Assessment WOO feet pipe 11250 55.60 o 1 as 15000 78. V, �OGQ ar n 4000 21.19 000 vo Z500 18. 54 X000 �� Z000 1500 75 hydrants 1875 9.9Z 4204.Q -- and it is further 77SO17Eo, that the Deceiver of Taxes be and he hereby is authorized and empowered upon receipt of the aforeeadd, sure to cancel the cost of sales and advertising and accrued interest and penalties since May Ord, 1 223. communications were received from Mr . v.iaa. C•agliardi in re- I&tion to matters taken up with Messrs . Clay & vi.11on effecting the bond Woue of $10,000. for the purchase of a hook and ladder fire truck. After a considerable discussion, it was upon motion. duly seconded, FF OLVED that the matters effecting the band issue of $10,000. for the purchase of a hook and ladder fire track be and the same td are ka ere Gamble,referred to Counsellor , by iz authorized and empowered to take w a whatever steps are necessary to conclude the said bonds . THFUTAS 'The New York 'telephone Company heretofore :resented a petition to this Board alleging that _ it was assessed in the yeIr 1920 un a Spec" Franchise for School purposes, the tax thereon amounting to $1,512. 71, which said tax was due and payable without penalty on or before September Kth, 1920; and T FFAS, said petitioner prays that the Town accept in fall payment of said tax and penalties and int- ereat the fu 11 amount of taxes so levied.. The cost of sale and interest at the rate of 6% from eptereber Ctki, 1920 to March 3lst, 1923, which amount the Company tenders with its -petitioni and . . . . ._-._..._ ... YBE.REAS, said Park Commissioners have duly qualified and are now acting in the discharge of their duties as said Park Commissioners ; and `iYHEREAS, said Board of Park Com-ai ss- __- loners have filed with this Board a written statement requesting this Town Board to raise the sum of x"148, 000.00 by the issuance and sale of bonds, to the end that said Board of Park Com- missioners may be enabled to acquire and develop the lands and premises for park purposes and to pay and redeem the temporary certificates of indebtedness, the issuance and sale of W ich was au- thorized by this Board by resolution adopted at a meeting thereof held on January 7, 1925. DOW, THEREFORE, be it RESOLVED, that this Town Borrow upon its faith and credit the sum of $145,000.00 and issue its bonds therefor for the pur- pose-of acquiring, developing and improv- ing for park purposes the lands and pre- raises mentioned and described in the petition for the creation and establish- ment of said Park District, dated November 26, 1924, and filed with the Town Clerk of this Town on January 6, 1925; and be it further RESOLVED, that said bonds shall be issued in the name and under the seal of said Town in denominations of X1, 000.00 each, numbered 1 to 148, inclusive, dated Feb- ruary 1, 1925, and payable in equal annual instalments of .'$"4, 000 .00 each, the first instalment to be due and payable on February 1,1932, and annually thereafter until " Fe btuary 1, ,1969, - with interest thereon at the rate 6f' 4 1/2/ per annum, payable on the 1st day of August after the date thereof and semi -annually thereafter until the principal is fully paid. Said 'ponds shall be signed by the Supervisor and attested by the Town Clerk of said Town under the seal thereof, and shall be coupon bonds with the privilege of registration and shall be made payable at the Trust Company of Larchmont, Larchmont, New York, in New York exchange and shall be negjbtiated and sold by the Supervisor of said Town at a price of not less than par; and be it further RESOLVED, that said bonds shall be in form substantially as follows, the blanks therein being properly filled, viz : The bonds will be sold to the bidder offering to take them at the Highest rate of premium. The opinion of Messrs. Clay and Dillon, Attorneys of #120 Broadway, New York City, as to the legality of the issuance and sale of said bonds, will be furnished to the successful bidder , The Town Board reserves the right to reject any and all bids, Dated, January 21st, 1925, BY ORDER OF THE TOWI BOARD by FREDERICX Id. SHERYAN Toinn Clerk" , The question of the adoption of the foregoing resolutions eras duly put to a vote which resulted as follows: Ayes : 5 Nees : None The resolutions were thereupon declared unanimously adopted, Mr. Gagliardi, on behalf of the park Commission, stated that the Park Commissioners were in need of additional funds with which to continue their work and requested the issuance of certificates of indebtedness in the sum of Twenty- Five Thousand ($25, 000 ,00 ) Dollars, pending the issuance and sale of the bonds authorized by this Board, 'Whereupon the following resolution was presented by Justice Collins and seconded by Justice Shafer, which upon Roll Call was unani- mously adopted : WHEREAS, by an order of this Town Board made and filed in the office of the Town Clerk of this Town on January 6, 1925, a Park District within the unincorporated portion of said Town of Mamaroneck, desig- nated in said order as Town Park District No , 1 of the Town of Mamaroneck, New York, was duly created and established, pursuant to the provisions of Chapter 574 of the Laws of 1924 ; and 'WHEREAS, three Park Commissioners have duly qualified and are now acting in the performance of their duties ; and WHEREAS, said Board of Park Commiss- ioners have presented a statement to this Board in which they request that the additional sum of 0,25, 000 ,00 be made available at once pending the issuance and sale of the bonds authorized to be sold by the aforesaid petition, to the end that said Board of park Commission- ere may be enabled to acquire by pur- chase certain real estate and premises situate within the park area of said Park District; and "7HEREAS, this Town Board has not yet sold any of said Park District Bonds to � raise any portion of the amount author- J i zed by the aforesaid petition to pro- vide the necessary funds proposed to be expended for the acquisition and develop- sent of the lands and premises, rights of way and easements shown and designated on the plan annexed to said petition, NOON, THEREFORE, be it RESOLVED, that this Board borrow on the -- faith and credit of the Town of Mamaro- neck the sum of $25, 000 .00 in anticipa- tion of the sale and delivery of the bonds hereinbefore mentioned, pursuant to the provisions of Section 8 of Chapter 574 of the Laws of 1924 ; and be it further RESOLVED, that the Supervisor be and he hereby is authorized and empowered to issue in the name and under the seal of this Town one or more certificates of indebtedness, each of such denomination as the Super- visor may determine not exceeding in the aggregate the sum of x,25, 000 .00 . Said certificates of indebtedness shall be sign- ed by the Supervisor and counter-sig?ned by the Town Clerk, 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 fix; and it is further RESOLVED, that the Supervisor be and he hereby is authorized and em-,.powered to dis- pose of said. certificates for not less than the par value thereof. Justice Shafer presented the following resolution, which was seconded by Justice Boyd: RESOLVED, that the salary of the Clerk to the Supervisor be and the same hereby is fixed at the sum of $1300 .00 per year for the ensuing year, and that the same be paid in equal monthly payments . The question being taken upon the foregoing re- solution, the same was, upon Roll Call, unanimously adopted. A communication from Mr. Richard C .Heather was received and read, in relation to the blowing of the fire whistle at the 'Heaver Street Fire House. The communication was ordered placed on file and the matter referred to the Fire Committee, Counsellor Gamble reported upon the petition to extend the present Sewer District and after a full discuss- ion the following resolution was upon Roll Call unanimously adopted: -- NHEREAS, there has been presented to this Board a petition requesting this Board to extend the present boundary lines of Sewer District No . 1 of the Town of Mamaroneck, and IGIERFAS, pursuant to law this Board must give notice of the meeting at which it will act upon said petition, there- fore be it RESOLVED, that a special meeting of this Board be held on February 18th2 1925, at 8.30 o' clock P.M. , at the office of the Town Clerk, #6 Elm Street, Town of Mamaroneck, New York, at which time and place it will meet to act upon the aforesaid petition to extend the present Sewer District No . 1 of the Town of Mamaroneck and the Sewer System therein, as now es- tablished so as to include in and make a part of said District the territory embraced within the said oro�oosed extension Wnich is described in said petition, and be it further RESOLVED, that the Town Clerk give due notice of such special meeting by posting and publis'ring as provided by I aw. Upon :notion, the meeting adjourned at 11 .15 P.M. Town Clerk.