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HomeMy WebLinkAbout1955_09_07 Town Board Minutes 805 MINUTES OF A REGULAR MEETING OF THE TOWN BOARD OF THE TOWN OF MAMARONECK, HELD SEPTEMBER 7, 1955, IN THE AUDITORIUM OF THE WEAVER STREET FIRE HOUSE. The Supervisor called the meeting to order at 5: 15 P. M. PRESENT: Supervisor Mandeville ABSENT: None Presence was also noted of Mr. Gronberg, Town Clerk, Mr. Delius, Town Attorney, Mr. Finson, Town Accountant, and Mr. O'Brien, Town Superintendent of Highways . The Supervisor announced that the regular order of business would be dispensed with, to take up the matter of the applica- tion for re-zoning of the property in the Fifth Avenue area. The Clerk presented affidavit of publication of Notice of Public Hearing to consider amendment of the provisions of the Zoning Ordinance so as to show property bordering on Fifth Avenue to be in a C Business Zone instead of an A-2 Residence Zone, which is the present zoning. The Clerk presented a letter dated August 10, 1955, received from the Town of Mamaroneck Planning Board, recommending this change of zoning. Mr. Jerome Wanshel, an attorney representing the applicants, presented pictures showing the present uses of Fifth Avenue property, and went on to state that this area has never been used as a residence zone but has always been devoted to business uses . He said it is the duty of the Town Board to re-zone land if it is not usable for the purpose zoned. He said there is a need for business facilities for the growing population of the Town of Mamaroneck. Mr. Robert Parsons, 42 North Chatsworth Avenue, representing the Larchmont Hills Civic Association, requested that a slight modification be made in the application, namely that a 100-foot buffer strip on the northwesterly corner of Fifth Avenue, adjacent to Madison Avenue, be excluded from the proposed change. This would act as a buffer strip between the commer- cial and residential properties . Mr. Delius said that in order to accomplish this, it would be necessary to readvertise the application. Mr. Wanshel, representing Mr. Patsy Giacomo, owner of the property sought to be used as a buffer, said it has always been used for business and he would, therefore, object strongly to its exclusion from the proposed re-zoning. Mr. Frank Gironda, 11 Cabot Road, addressed the Board and asked that the recommendation of the Planning Board be accepted. On motion by Councilman Brush, seconded by Councilman Waterman, it was, upon roll call, unanimously RESOLVED that the amended Area District Map which is a part of the Zoning Ordinance of the Town of Mamaroneck as amended, is hereby amended and cor- rected so as to show the following described property in Use, Area and Height District C Business: ®7 j BEGINNING at the corner formed by the intersection of the southerly side of Ladison Avenue and the northerly side of Fifth avenue ; and thence in a, southwesterly direction along the northerly side of Fifth Avenue, 100 feet to a point of intersection of the prolongation of the westerly .boundary line of the New York State New England Section sight of Gay; thence southeasterly across Fifth Avenue on the prolongation of said westerly R F ,. , ,, Right of �Ya to the boundary line of the New York .Mate �,a�, y: southerly side of Fifth Avenue ; thence in a southeasterly and southwesterly direction along the westerly bounda.ry line of said New York State eight of '''ay to its inter- section with the easterly boundary line o-° the �c'=?n of Mar<aronec'k's 50-foot Fight of Way;thence in a north- westerly direction along the easterly side of the Town k' 5D-foot delight of rya to the southerly . ," ones s Y of d_amar side of Fifth Avenue ; thence in a northeasterly direction along the southerly side of Fifth Avenue to a point of intersection of the prolongation of the easterly side of "s`lilliams place; thence northwesterly across Fifth Avenue prolongation on the p �ation of the easterly line of -Williams ,, Place to the northeasterly corner of 'sailliams Place and Fifth Avenue; thence northwesterly along the easterly line of Williams Place, 100 feet to a point ; thence in a northeasterly direction, 100 feet distant and at all times parallel with the northerly side of Fifth Avenue, to the southerly side of Madison Avenue; thence in a southeasterly y direction, loC fee t to the P oint or place of beginning. Following is a map or diagram showing the location of the property rezoned and included in the use, Area and Height District C Business : IAJI�wIIM. ag y rn v I v x f. } FBT?TI.TER RESOLVED that the Cler€: is hereby authorized to publish and post notice of the adoption of this resolute ?� 'on Pursuant to provisions of the Town Law. 307 BEGINNING at the corner formed by the intersection of the southerly side of Madison Avenue and the northerly side of Fifth Avenue; and thence in a southwesterly direction along the northerly side of Fifth Avenue, 100 feet to a point of intersection of the prolongation of the westerly boundary line of the New York State New England Section Right of Way; thence southeasterly across Fifth Avenue on the prolongation of said westerly boundary line of the New York State Right of Way, to the southerly side of Fifth Avenue; thence in a southeasterly and southwesterly direction along the westerly boundary line of said New York State Right of Way to its inter- section with the easterly boundary line of the Town of Mamaroneck's 50-foot Right of Way;thence in a north- westerly direction along the easterly side of the Town of Mamaroneck's 50-foot Right of Way to the southerly side of Fifth Avenue; thence in a northeasterly direction along the southerly side of Fifth Avenue to a point of intersection of the prolongation of the easterly side of Williams Place; thence northwesterly across Fifth Avenue on the prolongation of the easterly line of Williams Place to the northeasterly corner of Williams Place and Fifth Avenue; thence northwesterly along the easterly line of Williams Place, 100 feet to a point; thence in a northeasterlydirection, 100 feet distant ista t and at all times parallel with the northerly side of Fifth Avenue, to the southerly side of Madison Avenue; thence in a southeasterly direction, 100 feet to the point or place of beginning. Following is a map or diagram showing the location of the property rezoned and included in the use, Area and Height District C Business : _._ MAD/SON AVENUE I i , , /00 Q e O o , \ :c.) oc c o o o \ 2 C' v Q 0 Ni QC' 0 W ( 49 • o 4. A k FURTHER RE t ized to publish is resolution o W aw. ,1/4y Q JQ MAP SHOW/NG CHANGE IN ZONING FROM D/sTR/CTA-2 Qti/DENT/AL -Twod6vm/LY TO rO/5 TR/C T t"BUS/NE55 row,./ OE MAMA'f°NECK WESTCHESTeeCAMX Ado/ Sea/6yTQwn 0000rdR sc/afion 5d-12/,/45a 309 The Town Clerk presented a letter dated August 19, 1955, from the Planning Board requesting approval by the Town Board of "Requirements for the Approval of Subdivision Plats in the Town of Mamaroneck, Westchester County, New York" , adopted by the Planning Board on June 16, 1955. Mr. Wanshel then addressed the Board, referring to a letter dated August 30th, which he had sent to each member of the Board, and in which he stated that he represents a group of builders and developers who own property in the Town, and also asking for certain changes in the Requirements as follows : That Section 4A-8 and 4A-13 be deleted ; That the provisions requiring rough grading to a width of 50 feet, should be changed to provide for grading to the width of the street, and in those streets where the pavement is required to be 26 feet, the sub-grade should be graded for the full width of the 26-foot paved area together with the total area of the shoulders ; That the provisions for "shoulders" under "Rough Grading" , re- quiring 5-foot shoulders, should be changed to 2 or 2 1/2 feet; That the requirements concerning curbing should be abolished. Councilman Kane said he had seen communities where curbs were required and others where they were not required, and he would heartily endorse the provision requiring them. Councilman Brush stated that there is a provision in the "Require- ments" which permits their relaxation or variation, upon application to the Planning Board when, in the judgment of the Board, this is warranted . Mr. George Schuler, a member of the Planning Board was present, and answered several questions concerning the "Requirements" . Mr. C . W. Moody, a local builder and developer, spoke against the requirements for rough grading and curbing. The members of the Board decided to take no action at this time on the "Requirements" but to invite Colonel Shea, a member of the Planning Board, to appear and present his views . Mr. Eggers of the firm of Eggers & Higgins, presented a rendering an layout of the proposed new Town Hall which he recommended by located at the corner of Weaver Street and Palmer Avenue. He spoke briefly on the need of a new building because of lack of space in the present quarters, and said that the cost, exclusive of land purchase, would be approxi- mately $250,000. The Supervisor thanked Mr. Eggers for appearing. Mr. Morris Karnes, attorney for Marbourne Westchester, Inc . , addressed the Board and presented a letter, dated September 7, 1955, from A. J. Foote, in which it is stated that Marbourne Westchester, Inc . has fulfilled all requirements as outlined in his letter to the Town Board under date of June 1, 1955. The Supervisor informed Mr. Karnes that there is still some work to be done on the storm drains and that the shoulders of the road are not completed. Mr. Karnes said his client has completed everything in accor- dance with the resolution adopted by this Board some time ago. The Supervisor then suggested that a meeting of Mr. Karnes, Mr. O'Brien, Mr. Foote and himself be arranged in order to arrive at some understanding: 11 ; Mr. Herbert wetenberg of S Stonewall Lane, addressed the Board, saying that he had sent a letter to the Supervisor with ' n complaining of the condition of the copy utr. O Brae g a ar.' pp 9 Yy shoulders of the road. Mr. A. Rukin, President of Fordham Transit Co. , Inc . , addressed the Board, requesting elimination of the franchise requirements . He said that several communities have acceded to this request. The Clerk presented a letter dated August 25, 1955, from Ford- ham Transit Co. , Inc. , in which it is stated that the Board of Trustees of the Village of Mamaroneck, on August 22, 1955, ^ voted unanimously to exempt Fotdham Transit Co. , Inc . from all franchise and utility tai; requirements . The Town Board decided to consider this further and to take it up at the next meeting. The Clerk presented a letter from Franc, R . O'Brien, Superin- tendent of Highways, recommending the installation of a street light on Lester Place . on motion by Councilman Kane, seconded by Councilman Waterman, it was unanimously RESOLVED that the Superintendent of highways be and he hereby is authorized to have a street light installed on Lester Place at a cost, including material and installation, of approximately $85. The Clerk presented the following: Report of Receiver of Taxes and Assessments for August, 1955 Report of Building Inspector for August, 1955 Statement of Sank Balances as of September 1, 1955 ;summary of Receipts and Disbursements , January 1 to duly 31, 1955 Analysis of .Budget Appropriations and Expenditures , January 1 to July 31, 1955 List of Claims Audited and Paid by the Comptroller from August 1 to September 1, 1955 Analysis of Estimated Revenues, January 1 to July 31, 1955 Councilman Brush stated that it had been called to his attention that the amendments to the Zoning Ordinance adopted August 10th, in connection with the limitation of apartment houses to 3 stories, did not affect all apartment which might be erected in the gown. The Town Attorney explained that the amendments provided that apartment houses and multiple dwellings were limited to 3 stories or 40 feet in the 13-2 Residence Zone which includes premises known as 65 Palmer Avenue, but that other provisions of the Ordinance relating to graduated height districts will allow erection of apartments 6 stories or 70 feet in height where the building occupies not more than 37 1/2(0 of the lot area, or 5 stories or 56 feet in height, where the building does not occupy more than 405o of the lot area, but, that in this district, where the building occupies more than 4070 of the lot area, the limitation of 3 stories or 4C feet also applies under the amendment . He stated there is at present, no available property zoned B in the Town but some of the Board members stated they were uncertain as to the amendments which were made and which were technical. 1 After some discussion, the Town Attorney -was instructed to re- examine the amendments and to prepare further amendments limiting all apartments regardless of the district in which they might be erected., to 3 stories in height, for the Board 's consideration at the next meeting. Councilman Waterman had nothing to report for his departments . Councilman Kane said he was ready to make a. report on the Prince Tjiliows sewer project but the Board decided to table this matter until the neat meeting, as the residents of the area were not present at the meeting. The Town Attorney noted the fact that the resolution providing for a bond issue in connection with the construction of the swimming pool as well as the Town Hall, mast be adopted not sooner than the 24th nor later than the 28th of September, in accordance with the provisions of law which make this necessary, in order to place a proposition ,o vote on these resolutions on the ballot at the general election. a Concerning the construction of the Town Hall, he inquired of the Board members what were their wishes in connection with the raising of funds and noted also that Mr. Eggers ' estimate of 254 8 000 did not include land acquisition or the architect 's fee. The Supervisor stated he believed the land could be acquired at the site recommended by Fir . Eggers at the corner of Weaver Street and Palmer Avenue, for $50,000, and that at any rate, this would be a sufficient amount for land acquisition and the Board then expressed the view that the resolution should provide for a total cost of $3€ 0,000 including land acquisition, $50,000 to be taken from Surplus, $250,000 to be raised by bond issue over a 10-year period, and the Town Attorney was instructed to proceed. accordingly. The Clerk presented a resolution from the Village Manager of the Village o amaronec f Hia 9 pp g a roving- the sale by the Town. of Block 817 parcel 583 to Charles Trifiletti for the sum of $1,00E3. The Town Attorney presented a letter addressed to the Clerk from Mr. George P. Forbes, Village Attorney of the Village of Larchmont, inquiring whether the Town ?Board would consider the dedication of Sheldrake Avenue as a public road in the Town, together with the bridge thereon which leads to the Village- owned property at the reservoir. The Board took no action on this matter. On motion by Councilman Brush, seconded. by Councilman mane, the following resolution was, upon roll call, unanimously adootede WHEREAS , the Town of Mamaroneck, through the institution of actions in the County Court of ' estchester County, pursuant to h Tax Law, has become and now is VII-A, Title =5 of the , Article I , the owner of a number of parcels of real estate situate in the Unincorporated Section of the Town of Mamaroneck; and :iHER .AS, the Town of Mamaroneck advertised for bids and held a public auction on September a, 1955, and received bids on certain of said parcels of real estate now owned by the Town of F?amaroneck; and 1 WHEREAS, since the receipt of said aids, this Board has given careful consideration thereto, and after due deliberation, it is RESOLVED that the bids hereinafter listed be accepted at the price and terms therein set forth.: LIST OF BIDS ACCEPTED Jlv SECTIONS l to 5 INCLUSIVE Blocis Parcel Purchaser Assessed value Sales price Terms 210 222 Adam ;Sumetz: $ 1, 500 $ 500 Cash 227 1 Vac Realty, Inc 2,300 800 Cash FURTHER RESOLVED that the Supervisor is authorized and directed to execute and deliver deeds to these parcels in accordance with the terms and contracts of sale and the Town Attorney is authorized to take all steps necessary to complete the sale and transfer these parcels . On motion by Councilman Brush, seconded by Councilman mane, the following resolution was , upon roll call, unanimously adopted : ,'1 EAS, the 'gown of Ysamaronecl,, through the institution of actions in the County Court of Westchester County, pursuant to Article VII-A, Title 3 of the Tax Law, has become and now is the owner of a number of parcels of real estate situate in the Village of Larchmont and Town of Mama.ronec:,; and WHEREAS, both the Village of Larchmont and Town of Mamaro- neck held tax liens on said parcels of real property; and WHEREAS, pursuant to Section 165H of the Tax Law, an agreement was entered into between the Village of Larchmont and the Town of 'Mamaroneck which, among other things, set forth the interests of said municipalities in the properties being foreclosed, the manner of the sale of said properties, and the manner of the distribution of the proceeds received from said sales; and WHEREAS , the Town of Mamaroneck has , pursua.nt to an agreement had with the Village of Larcbmont, advertised for bids and held a public. a.uction on September 7, 1955, and received bids on certain of said parcels of real estate now owned by the Town of Iamaroneck; and WHEREAS, since the receipt of said bids, this Board has given careful consideration thereto, and after due deliberation, it is RESOLVED that the bid hereinafter listed be a accepted at the price and terms therein set forth: BID ACCEPTED IN SECTION 3 Block Parcel Bidder Assessed Value Final Sales Price rx• I 319 17 Otto Ernst $ 2,300 $ 1,250 FURTHER RESOLVED that the terms on the above bid are all cash. FURTHER RESOLVED that the foregoing acceptance tance with respect to this parcel is subject to approval by the Village 'Board of the Village of Larchmont. FURTHER RESOLVED that upon approval of the bid by the 317 j Village Board of the Village of La.rchmont, the Town Attorney is authorized to proceed with the preparation of contracts and such other documents as are necessary to pass title to said property, and the Supervisor is hereby authorized to sign such contracts and deeds as are necessary to pass title to said property. The Board next took up the application of Frank Guadagnolo to re-zone property bordered by Garfield Street, North Chatsworth Avenue, Madison Avenue and Adams Street . Mr. Jerome wanshel representing Mr. Guadagnolo, informed the Board that his client wished to withdraw his application. Mr. Louis Bernstein stated that it is the duty of the Board to dispose of this matter once and for all by a vote. Mr . Wanshel said that since the application_ had been withdrawn, there was nothing for the Board to vote on. when asked, Mr. Delius informed the members of the Board that had no bearing on the matter. of this petition ,� withdrawal �h2 p The Supervisor informed the residents of the area. immediately adjoining the property in question, that a suggestion from there for the use of this property, would be a helpful contribution to the community . Dr . Hobson asked Mr. Delius whether, if no vote were taken. this evening on the matter, it could be decided at some later meeting, provided the make-up of the Board remained the same. Mr . Delius ' answer to this question was "yes" . On motion by Councilman Waterman, seconded by Councilman Brush, the following resolution was adopted : Ybv1DAS, this hoard heretofore and on the lSth day of July, 1255, Meld a public hearing to consider the re-zoning of the block or parcel of property bounded on the north by north Chatsworth. Avenue, on the south by i==adison ;Street, on the east by Garfield Street, and on the west by Adar,. s Street, from ,esidence District A-Z to Business District C, the property affected being more particularly shown and described in a public notice to which is attached a. map or sketch showing the proposed change of zoning, which notice is dated July 2, 1 955, and published the same day in the Daily Times ; and ;IIHE EAS, at said public hearing, various persons were heard for and against the re-zoning of premises described in the notice and a protest was filed by owners of property representing at least 207o of the area of land included in the proposed change or that immediately adjacent, as specified in Section 255 of the `town Law; and HEnElkS, this Board thereafter considered this matter together with the protests and all other facts and things brought to their attention in connection. therewith, I`vOv"a, THEREFORE, BE IT i .__.! RESOLVED that no change be made in the zoning of the premises being a block or parcel of property bounded on the north by Borth Chatsworth Avenue, on the south by Madison Avenue, on the east by Adams :Street Garfield :Street, and on the crest b y 19 as shown on Map of Larchmont Heights, filed in the County Clerk's Office, Division of land Records, as 11ap No. 2070, which property is known on x the Tax Assessment Map of the Town of Mamaroneck as Elocl: 133, Parcels 146, 161, 1 €9, 136, and 274 and which property shall remain as now zoned, Residence District A-1 . - The vote recorded on this resolution was as follows : _ AYES: Supervisor Mandeville Councilmen Bane, :Brush, and Waterman NOES : None There being no further business to come before the meeting, it I and immediate) adjourned at 11:30 P. i . , y reconvened as the Board of Fire Commissioners . Councilman Waterman presented. the Fire Department claims which had been approved by the Fire Chief and audited by the Comptroller and on motion by Councilman Waterman, seconded by Councilman Brush, it was unanimously RESOLVED that the following described claims be and they hereby are approved and that the Supervisor and Comptroller be and they hereby are authorized to pay �• Department: h rare for t e the same out of the budget American La France Corporation $ 6.03 Consolidated Edison Co. of New York, Inc . (West.) 5.00 Chatsworth Oil & Heating Co. , Inc . 39 .53 Reginald Bubb Garage 33 .75 Keeler Associates 9 .46 McGuire Eros . , Inc . 5.40 -__ Mitchel Oil Corp. 55.02 New York Telephone Company 32 .00 Ronooni Lawn Mower Service 34.50 Shwedo :electronic Co. 157.46 The State Insurance Fund 260.63 Tommy's Hardware 6.45 tie p sco Fire Equipment and Service 360.40 Westchester Joint Water Forks , No. 1 5.61 Total $1, 069 .97 Councilman Waterman presented the Fire Report for August, 1955. There being no further business to come 'before the meeting, it i adjourned at 11:35 F. ivl. , to meet again on September 26, 1555. 1a er?