HomeMy WebLinkAbout1929_07_10 Town Board Minutes (2) T
:j=,TI3.G OF TIC JOINT TOWN BOARD
MIN OF 1A,II ARCI=K, If.. Y.
neld July loth, 1929
The meeting was called to order by Supervisor Burton at
9 P. L.
Present: Supervisor Burton
Justices Boyd, Howell and Leeds
Town Cle is Sherman
Counsellor C-a.-ble
There was also present at the meeting, Special Counsellor
Gagliardi and 7ngineer Foote.
Upon motion, duly seconded, it was voted to dispense
with the reading of the minutes of meetings not yet approved.
The Supervisor stated that the meeting was called Tor
the purpose of re cciving a report from :'r.. Gagliardi, Special
Counsel, in the matter of the acquisition of land required for the
construction of the `,ieaver Street sidewalk and also for the purpose
of acting upon the application of 11aple Gardens, Inc.., et al for
the improvement of Dante Avenue ('formerly Dimitri Avenue), Dimitri
Place and Byron lane and stated that he would entertain a. notion
to take up the Weaver Street sidewalk matter first-
-:Thereupon, an motion, duly made and seconded, it was
SOvJI'D, that the Board hear from Hr.
Gagliardi.
Xr. Gagliardi reported that as a result of negotiations
which he has been conducting with various owners of property
required for the ':Deaver Street fide5:valk improvement, pursuant to
instructions from the 'Supervisor he has made the following settle-
ments subject to the approval of the To-an Board:
With A. Sterlin,- Smith for the acquisition of 331.71
sq. ft. of land and for the land already used for the "d`eaver Street
paving, the sum of X350.00. The owner is to remove at his own j
Cost and expense all plants, trees and shrubs.
With Owen _C_unniiz ham for the acquisition of 1688.75 sq.
ft. of land the sure of :4,000.00 conditioned upon the Town erecting
a solid masonry stone wall along the property line adjoining
Weaver Street. The Town is also to install on -cop of said hall an
iron rail of the same type as that used on the Hoffman wall; the
Town to agree to save as many -trees as possible and IitIr. Cunningham
to remove at his own cost and expense such trees as may be necessaaT
to be moved together with all the shrubs and plants which are now
located .within the strip of land proposed to be acquired. The said
sum of : 4,000.00 is also to be applied in full payment and satis-
faction of any and all consequential and other damages which Lr.
Cunningham may claim by reason of the change of grade of ':leaver
_-_ Street.
With Henry Schroeder for the -purchase of 462..47 so. ft.
of land the sum of ,x;370.00. The Town is also to agree to install
and maintain a 8" sanitary sewer piyoe from the easterly line of Lot
148 running easterly to Iryrtle Avenue and to be connected with the
main se�::-cr system; provide ttiwo `?'s, one on the dividing line between
Lots 253 and 254 and the other on the dividing line between Sots
148 and 253, the Town to raise to the new sidewalk level the water
and gas boT-es which are now installed on the premises and to fill
with dirt that portion of the Schroeder property which lies below
the street level and raise the same to the sidewalk.--level to a
depth of 10 feet from the sidewalk line.
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-With 70seP11 Hercadante and Liaple raardens Inc. for the
purchase of 931..23 sq. f t- of lard the sum of < 1.00 conditioned
u-pon the Town replacing their present dry wall with a solid mason-
ry stone wall excepting the pillars which will be reconstructed by
Hr. Eercadante; the To.vn to undertake to preserve as many trees
as conditions ;;ill hermit.
With T. H. Fagan for the purchase of 80286 sq. ft. of
land at 70cts. amounting to ;;562.00 conditioned upon the Town filling such portion of his ]premises as lie below the sidewalk
level and bring same to the sidewalk level as proposed to a depth
of 20 feet and to ta1.e down the Locust trees.
ith Dr. Fletcher H. Burdett for the purchase of 472..23
so.. ft. at 70 cts. a sq. ft.. amounting to 1330.56: conditioned
upon the Town transplanting the hedge along the new property line
and to construct a solid masonry stone gall and remove the tree
located at the intersection of Rillcrest Avenue and :eaver Street
and plant the sane in the front or rear of the -leaver Street Fire
House; plants and shrubs located within the strip of land proposed
to be acquired are to be removed by Dr. Burdett at his o,,Jn cost
and expensed
',ith Edw. B. Van book for the purchase of 69.30 sq. ft.
of land; price not yet agreed upon. The 'Torn to replace hedge along
new property line and to furnish 100 cu. yds Of top soil so as to
bring level of lawn to new grade. 1.1r. Van Hook to be allowed a
svxa sufficient to remove shrubs and reseed larm; cost of all
including top soil and land notta exceed $500.00..
;iith Ernest Gaertner thru Lir. Derby his attorney, for
the purchase of 147 sq. ft. of land at 70 cis. a sq. ft. UI02.90
conditioned upon the Town relocating the catch 1�rasin and installing
a. drain from the new catch basin in the bed of ihm Colonial avenue
to the brook.
Mr. Gagliardi submitted his report and stated that in
his opinion the above terms seem to be fair and dquitable and
recor-miended that he be authorized to close these transactions
with the owners of property above named upon the ter,fts stated_
i'lhereupon, after considerable discussion, v stice Leeds
offered for ado-otion the following resolution:
22SN'TED, that the report of 1=!r. Gagliardi as
Special Counsel in the matter of the '
eaver
Street sidewalk improvement be and the same
hereby is received and spread on the minutes
of this meeting; and it is further
R1_1'•S0L-V7'•D, that the Supervisor and Special Counsel
be and hereby acre authorized and empowered to
conclude the netotiations cc ducted by !.ir. Gag-
liardi -,P,ith the property owners above named upon
the terms and conditions set forth in ter. Gag-
liardifs report; and it is further
RESOLATTD, that the Supervisor be and hereby is
authorized and empawered to pay to the various
cvrners of property named above the amount stated
in ,a r, uagliardi's report upon receipt of verified
claims approved by Special Counsel.
The question of the adoption of the foregoing; resolutions
was put to a vote which resulted as follot�s
Ayes: 5
1.oe s: none
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Yr. Gagliardi also regrorted that he had called on Firs..
aulkrner for the purpose of negotiating the purchase of 1365.44
sq. ft. of land required for sidewal7r purposes and that ors.
Faulkner informed Kira that she iiouldnot accept any amount under
: 2,500.00 for the land sloping rights and for the removal of the
hedge and shrubs..
After the matter was considered at some length op potion
of Justice Leeds seconded by Justice 3oyd, the matter
^ras referred to the Supervisor and Superintendent of Highways for
feport and recommendation,
Hr. Gagliardi submitted for signature a proposed order
authorizing the im_arovement of Dante Avenue (formerly Dii:!itri Ave. }
Dimitri Place and Byron Lane pursuant to a hearing held or� Ijay 8,.
1929 stating that he had received the necessary releases for the
extension of the drainage systen- and also the deed of dedication
of the streets in question..
Hr. L+'nail ZIrin addressed the Board and stated that he
was prepared to file with the Board a letter from I- Tc Gahie iri th-
dravring his objections to part of t"IT improvement applied for.
;i^nereupon, on --lotion, duly made and seconded, L r. He C:ahie's
letter was ordered received and placed on file..
After considerable discussion, it was regularly moved
and seconded, that the order for the i3nproveracnt of Dante avenue
(formerly known as Dimitri Avenue) , Dimitri Place and Byron Lane
pursuant to the _provisions of Chapter 549 of the Laws of 1926, as
amended, submitted by Special Counsel, be apyoroved and signed by
this Board.
The mFnbers of the Board proceeded to sign said order
=aieh reads as follows.
l�d?FtPErAS,, a pplication has }peen duly mode by Liaple
Gardens, Wince and other owners of taxable real
Property fronting on the streets hereinafter
described, to this Joint Town Board by a petition
in due form dated I-:arch 8, 1929, for the improve_
:rent of certain streets. in the Town of Idamaroneck,
festonester County, Slew Fork, designated as Dante
Avenue, Dimitri Place and Byron Lane, shown and
laid out on a. certain map elititled "Second Amended
Subdivision Iiap of I.aple Y;ill, in the Town of Larnaror,-
eck, destchester County,. ITeiv York" made by lard
Carpenter & Co. Construction _Tngineers,_ duly filed
in the office of the Register of aiestchester County
on June a, 1927 as Eap Ido._ 31392 pursuant to the
Provisions of Chapter 549 of the Laws of 1926, as
amended; and
M=T-AS, it appears from the certificate of the
Board of assessors dated April 19, 1929, that; said
petition is duly signed and acknowledged bar oviners
of taxable real property representing a , ',Grity
-- of the lineal feet of the real property fronting
or abutting upon said Dante Avenue, formerly known
as Dimitri avenue, Dimitri Place and Byron Lane; and
'WH'7R7AS, it appears to the satisfaction of this
3oard that the -taxable real property abutting or
fronting upon said streets is of sufficient value
to pay the cost of the improvements applied for and
that the Owners of the land fronting on said streets
would be greatly benefited by said proposed improve_
ments; and
G
-oi=RE'r„5, notice of the filing of said ;oetition
and of the object thereof and of a hearing to ;fie
had thereon_ stating the ti: e and place thereof,
ham been duly published in accordance with the
provisions of Chapter 549 of the Laws of 1926,
as amended; and
uiLMFAS,.- this Hoard did convene and meet pursuant
to said notice on Iay 8, 1929, at 3 o'clock P. LT.
(daylight saving time ) for the amrposes stated in
said notice and the allegations contained in the
petition were consid=red and various persons who
spoke in support of said application were heard; and
a7ITr� AS•, no objections to the granting of said
application vrere interposed by any person or
corporation except by ::army D. Hc Ga'aie who is the
owner of taxable real property fronting on Dante
Avenue (formerly known as Dimitri Avenue) , who has
since withdrawn his objections in writing; and
AREAS,. by resolution adopted at a meeting held
on July . ,. 1929, this 3oard changed the name of
Dimitri Avenue and ordained that after July 3, 1929
said street be known as Dante -Avenue; and
WFU=AS, a deed conveying unto the Town of 3r7.amaron-
eck for higlavay purposes the fee in the bed of
Dante Avenue, formerly known as Dimitri Avenue,
Dimitri Place and Byron Dane, in said i'oTrrn of
Lamaroneck, has been offered and delivered to this
3oard;
NOW, 7'R7-R7 r,', it is
ORDERED, by this Joint Town 3oard that the said
application be and the sane hereby is in all
respects granted; and it is further
OR PL7D,. that the offer of dedication of the
above named streets and deed thereof be and the
saine hereby are accepted; and it is further
ORD_•HTD, that Dante Avenue, formerly known as
Dimitri Avenue, Dimitri Place and Syron Lane, be
improved with a permanent concrete pavement to a
width of 30 feet; that a concrete curb be construct-
ed on both sides thereof and that a concrete side-
walk be laid and constructed on each side of said
streets; and it is further
ORDERED, that a lateral sanitary sewer pipe be
laid in and along said streets and connected with
the sanitary sewer system of said Town; that house
se urer connections be laid and constructed in and
along'said :Dante Avenue , Dimitri Place and Byron
Lane so that each 60 ft., plot on both sides of said
streets may be severed with the sanitary sewer system
of said Town of ':!iamaroneck, all of which shall be
done with the approval and under the supervision of
the Board of Sewer Cormnissioners of Sewer District
.;o. 1 of said Town of Mamaroneck; and it is further
QRD R , that a 6-1' water pipe be laid and constructed
in and along Dante- Avenue, Dimitri Place and Syron :[lane
together with such house connections and water service
pipes as may be necessary to the end that each 6-0 ft.
plot on both sides of said streets may be served there-
with; and it is further
Ct
ORDERED, that a gas pipe be laid and installed
in and along said streets and that gas service
house connections be also laid and installed
therein so as to serve each 60 ft., plot on both
sides of said streets; and it is further
ORDEREED, that a storm water drain pipe be laid
and installed in the manner shown on the map
prepared by A. T.. Foote, 7ngineer, referred to
above, and connect the same with 1a.ple Hill
drainage system; and it is further
OED-73=TD, that the above improvements be ode
under the direction and supervision of the Town
Superintendent of Highways and A. T. Foote, Civil
Engineer, who is hereby employed for that purpose
and that said A. T. Foote be and hereby is directed
to obtain the necessary grades and levels of said
streets and *prepare and stfbmit to this board for
approval with all convenient speed the necessary
plans, profiles and specifications for said ir-q-
provements together with an esti ,,iate thereof; and
it is further
ORDEPLTD, that the cost of said improvements includ-
ing engineering and legal fees, exclusive, however,
of the cost of laying; the water pipe and a part
of the cost of laying the electric light conduits
in said streets, after the same shall have been
ascertained, be assessed against the property
fronting or abutting on said Dante Avenue, Dimitri
Place and Byron Lane, as provided by Chapter 549 of
the Laws of 1926, as amended..
Dated July 10, 1929.
Supervisor
I
Tustices of the Peace
Town C1er]t
Town Superintendent of Highways
Upon Motion, duly made and seconded, it was, upon
roll. call,
RETSOL7ED, that Engineer Foote be and he hereby
is authorized and directed to prepare the plans
and specifications for the improvem=t of Dante
Avenue (formerly Diwitri Avenue) Dimitri Place
and Byron Lane , and that the bids be received by
this Board on August 12, 1929 at 8;30 P. 11.
Upon motion, the meeting adjourned at 10.45 P. 1:_
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Town ale r