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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. 19 -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 I 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:_ I Town ale r