HomeMy WebLinkAbout1922_11_01 Town Board Minutes (2) Meeting of the Joint Town Board
TOWN OF MAMARONECK,
held, November 1st, 1922.
The meeting was called to order by Supervisor Burton
at 9.25 P.M.
PRESENT: Supervisor Burton,
Justices Boyd, Collins, Dudley and Shafer,
Town Clerk Sherman,
Counsellor Gamble.
The minutes of the meeting of October 4th, 1922, were
read and upon motion approved.
The Supervisor reported that in accordance with the
instructions of this Board, he had taken up in conjunction with
the Supt. of Highways the matter of the purchase of a road roller
and reports the purchase of same and signing of the agreements,
and requests that his action and the Supt. of Highways be approved.
Upon motion, duly seconded, and upon ROLL CALL, it was
unanimously
RESOLVED, that the action taken by the
Supervisor and the Supt. of Highways in
the purchase of a road roller for high-
way purposes be and the same hereby is
approved, and it was further
RESOLVED, that the cost of the road
roller and equipment be and the same is
hereby fixed at a sum not to exceed
$5,300.
Counsellor Gamble reported that he and the Supervisor
had taken up with Mr. Murray of the Larchmont Water Company, the
matter of the disputed boundary line of the Town of Mamaroneck
and the City of New Rochelle. Upon his recommendation, it was
VOTED, that the Supervisor and Counsel
be authorized and empowered to take up
with the Mayor of the City of New
Rochelle asking for the appointment of
a Committee from New Rochelle to go
into the matter of the disputed bound-
ary line.
The Town Supt. of Highways reports that agreeably to a
resolution heretofore adopted by this Board he engaged Messrs.
Carpenter & Duffy, Civil Engineers, with the consent of the
County Supt.of Highways, to make a survey of the proposed alt-
eration and extension of Garden Road; that such survey has accord-
ingly been made and is herewith presented for filing.
Upon motion, duly seconded, it was upon ROLL Call,
unanimously,
VOTED, that the report of the Supt. of
Highways be and the same hereby is
approved and the map of the extension
of Garden Road be placed on file.
The following petition was presented by the Supt. of
Highways from the Larchmont Gardens Company, which was ordered
received and spread upon the minutes and is as follows:
TO: Fred A. Anthes, Esquire;
Town Supt. of Highways of the
Town of Mamaroneck, New York.
The undersigned, Larchmont Gardens Company, a domestic
corporation having an office at Larchmont Gardens, in the Town
of Mamaroneck, New York, liable to be assessed for highway taxes
in the Town of Mamaroneck, hereby applies to you to alter the
highway known as Garden Road, from the intersection of Locust
Road, westerly to the easterly boundary line of the premises
now or formerly owned by Richard C. Heather and Grace Heather, his
wife, and extend said Garden Road from the easterly line of
lands now or formerly of Richard C. Heather and Grace Heather,
his wife, in a westerly direction through the lands of said
Heather to the easterly line of Weaver Street.
The following is a particular description of said
Garden Road as altered and extended:
ALL that certain lot, piece or parcel of land, situate
lying and being in the Town of Mamaroneck, County of Westchester
and State of New York, bounded and described as follows:-
BEGINNING, at a point on the northerly side of Garden
Road shown on a certain map, entitled "Plan of lots for Larch-
mont Gardens, situate in the Town of Mamaroneck, County of
Westchester and State of New York, surveyed for Clifford B. Harmon
& Co., 42nd Street and Madison Avenue, New York City, subdivis-
ions 1 and 2, dated August 16, 1911," made by Long & Miller C. Es.
and filed in the office of the Register of the County of West-
chester on the 14 day of March 1912, as map No. 1967, where the
division line between lots 34 and 35 in Blk. 417 on said map
intersects the same:running thence through and along Garden
Road as so shown on said map 36 23' west 130.62 feet to the
southeast corner of the lots conveyed by Richard C. Heather and
Grace Heather his wife to Helen L. Faulkner by a certain deed
dated June 21, 1921 and recorded June 26, 1921 in Liber 2314 cp
349 in the office or the Register of the County of Westchester;
running thence along the land now or formerly of Helen L.
Faulkner south 53 48'44" east 45.181 feet to the easterly side
of Weaver Street; running thence along the easterly side of
Weaver Street south 8 28' 44" east 45.181 feet to the land
noe or formerly of Richard C. Heather and Grace Heather his wife;
running thence along the land now or formerly of Richard C.
Heather and Grace Heather his wife north 53 48'44" east 249.689
feet to the land now or formerly of the Larchmont Gardens Co;
running thence through and across lots 1, 2, 3, 4 and 5 in Block
416 and partly along the land now or formerly of L. Harold Bayly
and partly along land now or formerly of Larchmont Gardens Co.,
the following courses and distances; north 53 48' 44" east
4.473 feet to a point of curve on a curve to the left having a
radius of 40 feet a distance of 12.168 feet when measured along
the arc of said curve to a point of tangent north 36 23' east
90.468 feet to a point of curve on a curve to the right having
a radius of 5.087 feet a distance of 10.722 feet to a point of
tangent and the westerly side of Locust Road as shown on said
map which point is marked by a monument set in the ground;
running thence through said Locust Road 52 10' 12" east 20 feet
to the center line of Locust Road; running thence along the
center line of Locust Road and a line drawn in continuation
thereto north 27 49' 48" west 55 feet to the point or place
of beginning.
Annexed hereto and made a part of this application
is a survey shoving the alteration and extension of said
Garden Road.
Dated October 24,1922. Larchmont Gardens Company.
by, Walter Barnum, Treasurer.
State of New York. ) SS:
County of New York. )
On the 31st day of October in the year 1922, before
me personally came Walter Barnum to me known, who, being by
me duly sworn, did depose and say, that he resides at 53 East
67th Street, New York City, that he is the Treasurer of the
Larchmont Gardens Company, the corporation described in and
which executed the above instrument: that he knew the seal
of said corporation: that the seal affixed to said instrument
was such corporate seal: that it was so affixed by order of the
Board of Directors of said corporation, and that he signed
his name thereto by like order.
Sgnd, John .H. Kelly.
Notary Public, Bronx County.
The following order sand determination was presented
by the Supt. of Highways, which was ordered received, spread
upon the minutes and placed on file:
Written application having been made to me, Fred A.
Anthes, Town Supt. of Highways of the Town of Mamaroneck, New
York, by Larchmont Gardens Company, a corporation liable to
be assessed for highway taxes in said Town, and the written
consent of the Town Board of said Town having been given as
prescribed by law and deeds of dedication and releases from
damages having been executed by the owners of the land aff-
ected by the proposed highway which are hereto annexed and
made a part hereof, the consideration paid to any one claim-
ant for such dedication and damages not exceeding $300.00
and to all of the claimants not exceeding $900.00, it is
hereby
ORDERED AND DETERMINED, that Garden Road be and
the same hereby is altered and laid out in said Town of
Mamaroneck in accordance with the annexed survey made by
Carpenter & Duffy, Esquires, Civil Engineers and Surveyors
and approved by Charles MacDonald, County Supt. of Highways
of Westchester County, of which the following is a particular
description:
ALL that certain lot, piece or parcel of land,
situate, lying and being in the Town of Mamaroneck, County
of Westchester and State of New York, bounded and described
as follows:-
BEGINNING, at a point on the northerly side of
Garden Road shown on a certain map entitled 11 Plan of lots
for Larchmont Gardens, situate in the Town of Mamaroneck,
County of Westchester and State of New York, surveyed for
Clifford B.Harmon & Co., 42nd Street and Madison Avenue,
New York City, subdivisons 1 and 2, dated August 16th,, 1911,"
made by Long and Miller C.E's and filed in the office of
the Register of the County of Westchester on the 14 day of
March, 1912 as map No. 1967, where the division line between
lots 34 and 35 in Blk 417 on said map intersects the same;
running thence through and along Garden Road as so shown on
said map south 36 23' west 130.62 feet to the southeast
corner of the lots conveyed by Richard C. Heather and Grace
Heather his wife to Helen L. Faulkner by a certain deed dated
June 21, 1921 and recorded June 26, 1921 in Liber 2314 op 349
in the office of the Register of the County of Westchester;
running thence along the land now or formerly of
Helen L. Faulkner south 53 48' 44" West 233.19 feet to the
easterly side of Weaver Street south 8 28' east 45.181
feet to land now or formerly of Richard C. Heather and Grace
Heather his wife; running thence along the land now or
formerly of Richard C. Heather and Grace Heather his wife,
north 53 48 44" east 249.689 feet to land now or formerly
of the Larchmont Gardens Company; running thence through and
across lots 1,2,3,4 and 5 in Blk 416 and partly along the
land now or formerly of Larchmont Gardens Company the follow-
ing courses and distances; north 53 48'44" east 4.473 feet
to a point of curve on a curve to the left having a radius
of 40 feet a distance of 12.168 feet when measured along the
arc of said curve to a point of tangent north 36 23' east
90.468 feet to a point of curve on a curve to the right
having a radius of 5.087 feet a distance of 10.722 feet to
a point of tangent and the westerly side of Locust Road as
shown on said map which point is marked by a monument set in
the ground; running thence through said Locust Road north
52 10' 12" east 20 feet to the center line of Locust Road;
running thence along the center line of Locust Road and a
line drawn in continuation thereto north 27 49' 48" west
55 feet to the point or place of beginning.
Dated this 1st day of
November, 1922. Sgnd, Fred A. Anthes,
Town Supt. of Highways,
of the Town of
Mamaroneck, New York.
The Board thereupon executed the following cer-
tificate:
The undersigned, being a majority of the members
of the Town Board of the Town of Mamaroneck, New York,
hereby consent that the Town Supt. of Highways of said Town
make an order altering and laying out the proposed highway
described in the application of the Larchmont Gardens Co.,
dated October 24, 1922, pursuant to Section 191 of the
Highway Law.
In witness whereof, we have hereunto set our hands
this 1st day of November, 1922.
Sgnd,
Geo. W. Burton, Supervisor
Wiliiam A. Boyd,
Patrick Collins,
George B. Dudley,
Frederick P. Shafer,
Frederick M. Shermen, Town Clerk.
The Town Supt.of Highways reports that he has
agreed with Richard C. Heather and Grace Heather his wife,
to pay them the sum of Three hundred ($300.00) Dollars for
the strip of land over which Garden Road is to be laid out
and for releasing the Town of Mamaroneck from any and all
claims which may arise in connection with the alteration
and extension of Garden road.
He further reports that he has agreed with L.
Harold Bayly and Lulu M. Bayly, his wife, to pay them the
sum of Three hundred ($300.00) Dollars for the strip of
land consisting of the northerly portions of lots Nos. 1
and 2, block 416, as shown on map of Larchmont Gardens,
which is needed in connection with the alteration of Garden
Road. In consideration of the said sum.of Three hundred
($300.00) dollars, Mr. and Mrs. Bayly have likewise agreed to
release the Town of Mamaroneck from any and all claims
growing out of said alteration of said Garden Road.
He further reports that he has agreed to pay the
Larchmont Gardens Company the sum of Three hundred ($300.00)
dollars for the conveyance unto the Town of Mamaroneck of
a strip of land consisting of the northerly portions of
lots 3, 4 and 5, block 416, as shown on map of Larchmont
Gardens, which land is required in connection with the alter-
ation of Garden Road. In consideration of the payment of
said Three hundred ($300.00) dollars, Larchmont Gardens
Company have likewise agreed to release the Town of Mamaro-
neck from any and all clams growing out of the alteration of
the line of said Garden Road.
The Supt. of Highways asks that his agreements with
Mr. and Mrs. Heather, Mr. and Mrs.Bayly and with the Larchmont
Gardens Company, be approved and that the Supervisor be
authorized to pay the sure of ITine hundred ($900.00) dollars
made up as follows:
The sum of Three hundred Dollars
to Richard C. Heather and Grace
Heather, $300.00
The sum of Three hundred Dollars
to L. Harold Bayly &Lulu M. Bayly, 300.00
and the further sum of Three
Hundred Dollars to the Larchmont
Gardens Company. 300.00,
upon receipt of Quit-Claim deeds conveying unto the Town of
Mamaroneck the necessary land required for the alteration
and extension of Garden Road, as shown on a survey made by
Carpenter & Duffy, Civil Engineers, and approved by Charles
MacDonald, County Supt. of Highways and their respective
releases.
Upon motion of Justice Collins, seconded by Justice
Shafer, it was upon ROLL CALL unanimously
RESOLVED, that the sum of $900.00 be
and the same hereby is levied and
assessed upon the taxable property
situated within the Town of Mamaro-
neck outside of the Villages of
Larchmont and Mamaroneck, and collected,
the sum of $900.00 to be used for the
payment of the necessary land acquired
for the alteration and extension of
Garden Road in said Town and for the
necessary releases in connection there-
with as provided by Section 191 of the
Highway Law. And it was further unanim-
ously
RESOLVED, that the Supervisor be and
he hereby is authorized and empowered
to pay;
Richard C.Heather and Grace Heather the sum of
$300.00
L. Harold Bayly and Lulu M. Bayly the sum of
300.00
Larchmont Gardens Company, the sum of
300.00
in full payment and satisfaction of the
respective claims for the several strips
of land conveyed unto the Town of Mam-
aroneck required in connection with the
alteration and laying out of Garden Road
in said Town and for their releases as
provided by Section 191 of the Highway
Law.
The following resolution was presented by Justice
Boyd and seconded by Justice Collins, which upon ROLL CALL,
was unanimously adopted.
WHEREAS, AN ORDER has heretofore been
made by the Town Supt. of Highways of
the Town of Mamaroneck, upon the con-
sent of this Board, altering and lay-
ing out Garden Road in said Town in
accordance with a certain survey made
and drawn by Carpenter & Duffy, Esgs,
Civil Engineers and Surveyors and
approved by the County Supt. of High-
ways of Westchester County. And
WHEREAS, it is the sense of this Board
that immediate steps should be taken
to open grade and otherwise improve
said roadway to the end that it may
be made reasonably safe and passable.
And
WHEREAS, the Town Supt. of Highways has
reported that in his opinion the sum
of Three Thousand ($3,000.00) Dollars
is required to open and grade said
roadway and make the same reasonably
safe for the public use. Now therefore
be it
RESOLVED, that the sum of Three Thous-
and ($3000.00) Dollars be levied and
assessed against the taxable property
situated in the Town of Mamaroneck,
lying outside of the Villages of Mama-
roneck and Larchmont, and collected,
for the purpose of opening, grading
and otherwise improving said Garden
Road from the center line of Locust
Avenue in a westerly direction to the
easterly side of Weaver Street. And
be it further
RESOLVED, that the Supervisor and Town
Clerk be and they hereby are authorized
and empowered to negotiate and sell
upon the faith and credit of the Town
of Mamaroneck one or more certificates
of indebtedness for & sum not to ex-
ceed Thirty-Nine Hundred ($3,900.00)
Dollars in anticipation of taxes.
Said sum to be used as follows: the
sum of Nine hundred ($900.00) dollars
for the property acquired and releases
obtained by the Town of Mamaroneck in
in connection with the alteration and
laying out of Garden Road and the sum
of Three thousand ($3,000.00) dollars
for the opening, grading and otherwise
improv ,inL7 of said Garden Road, as
shown by survey prepared by Carpenter
& Duffy, Civil Engineers. That said
certificates of indebtedness be sold
for not less than par and at a rate
of interest not exceeding 6% per ann-
um and to mature at such time as the
Supervisor may determine, not exceed-
ing 18 months from the date thereof.
Supervisor Burton reports the release from the re-
serve fund of $2,000.00 for Item #1 Highway purposes. The
report was ordered received and approved.
The matter of the taking over as a Town highway,
Vine Street off Myrtle Avenue was taken up and after discus-
sion it was
VOTED, that this Board appoint a Comm-
ittee to take up the question of Vine
Street being accepted as a Town
Highway and the Committee to report
back as to its determination.
The Supervisor appointed the following Committee:
Justices Collins, Boyd and Supt. of Highways Anthes.
Upon motion, the meeting adjourned at 10.35 P.M.
Frederick M. Sherman
Town Clerk.