HomeMy WebLinkAbout1955_09_28 Town Board Minutes 321
MINUTES OF A SPECIAL 1FETING OF THE TOWN BOARD OF THE TOWN OF
1JAMAPONECK, HELD SEPTE1,1BER 28, 1955, IN THE COLTCIL ROOM OF THE
ffEAVER STREET FIRE THOUSE.
The Supervisor called the meeting to order at 8 : 15 P. M.
PRESENT: Supervisor Mandeville
Councilmen Waterman, Brush, and -Lane
ABSENT: None
presence was also noted of Mr. Gronberg, Town Clerk, Mr. Delius,
To,,,vn Attorney, and Mr. O'Brien, Superintendent of Highways .
The Town Clerk presented affidavit of publication of a public
notice calling a. hearing in the Weaver Street Police Station at
8:15 P. V. , on September 28, 1955, to consider certain amend-
ments to the Zoning Ordinance of the Town of Mamaroneck.
Mr. Joseph Johnston, attorney for Mr. Doublas Smith, filed a
written protest on behalf of his client. 1.1r. Johnston spoke
briefly, protesting any change which would affect the property
at 65 Palmer Avenue. He pointed especially to requirements for
a pitched roof and fireproof dwellings in any new commercial
construction and said that a pitched roof building cannot be
made fireproof. Be also stated that these amendments would
require a change of the map and no map was published .
H.'r. E. S . Mindlin, representing 71archmont Apartments , Inc . , said
he believed it was the intent of the Board to restrict future
new buildings but that the mortgagee of present high buildings,
if the buildings were destroyed, would be dependent upon the
'I-whim of the Board" as to whether the building could be rebuilt.
Councilman Waterman suggested that the amendments be passed as
Dublished and that changes could be made in the future for
any real objection or injustice to present owners of apartment
houses .
Mr. Edmund Van Hook also suggested that the amendments be passed
as published .
The Supervisor said that 12% of our present assessment roll is
commercial and the owners of these buildings do not know about
these amendments.
Mr. Max Block, Jr. , the contract purchaser of 65 Palmer Avenue,
filed a written protest with the Board against any amendment
which would, in any way, affect 65 Palmer Avenue. He cited
the section requiring provision of parking space and then
forbidding construction of such. He protested the pitched roof,
and the fireproof building requirements, saying that under State
Law the requirement is only for semi-fireproof buildings .
Supervisor Mandeville stated that it was not in the Board 's power
to destroy equity in present apartment houses by limiting re-
building in case of fire or destricution by other means.
Mr. Lionel Marks, President of Howell Park Association, also
suggested that the Board adopt the present amendments and make
corrections later.
On motion by Councilman Iffaterman, seconded by Councilman Brush,
it wa's
2
RESOLVED that the amendments to the `zoning Ordinance
as published, be adopted.
A vote on this resolution was recorded as follows :
AYES : Councilmen Waterman and Brush
NOES: Supervisor Mandeville
Councilman Kane not voting.
-- This motion was declared lost.
After further discussion, the Board decided to make some of the
corrections or changes, particularly to :article II, subdivision
6, regarding non-conforming eases, so as to provide that
apartment houses could be rebuilt in the case of destruction
or damage by fire or other cause beyond the control of the
owners and also with regard to the pitched roof provision as
now S�@ yy�^ro Y`p 9 osed in Article II Section 16-E.
S'
Can motion by Councilman Brush, seconded by ;Supervisor Handeville,
it was, upon roll call, unanimously
ESOLVEO that the Town Attorney is hereby instructed
to draft the desired changes and the Clerk is authorized
to publish notice of public hearing for the next meeting
to consider amendments to the honing Ordinance as
thus revised .
The minutes of June 13th, July 13th., and August 10th, were
approved as presented .
The Clerk presented a letter dated September 26, 1955, from Dr.
Belmont J. Wachtel, s0aymon Terrace, requesting permission to
erect a five-foot basY>etweave fence at the rear of his property.
The Clem, was instructed to write to the neighboring property
owners for their opinion.
The Clerk presented a. letter dated September 16, 1955, from
Pr. Joseph E. Muson, 10 Fiske Place, 1.aunt Vernon, N. Y. ,
attorney for Soundview Woods , Inc . , offering on behalf of his
client, to purchase property between the present end of `orb
Eoad and property recently purchased by said client, which is
150 feet distant.
The Clerk was instructed to write 1sr. I1uson, requesting an
offer for the property.
The Clerk presented a letter dated September 12, 1955, from
the Board of Police Commissioners, approving the appointment
of Frank, Silvestri of North Tarrytown, N. Y. , as a Patrolman,
effective October 1, at a starting salary of $4,280.
On motion by Councilman -Waterman, seconded by Councilima.n r-rusn'
it -vas, upon roll call, unanimously
RESOLVED that this Board hereby approves the appointment
by the Board of Police Commissioners, of Frank Silvestri
- of North Tarrytown as a, Probationary ,Patrolman in the
Town of Mamaroneck Police Depart ent, effective
October 1, 1955, at a starting salary of $4,250.
At this point, Councilman Waterman asked that it be placed or,
the record that, in his opinion, the motion to adopt the
amendments was carried two to one, due to the fact that
Councilman wane abstained from voting.
325
The Clerk presented a letter dated September 12, 1955, from
the Board of Police Commissioners, in which the Commission
approved the selection of Patrolman James Yalcusi for a. scholar-
ship offered by the American Automobile Association, covering
attendance at the Traffic Institute Course at Northwestern
university, November 28th through December 9th, 1955.
On motion by Councilman Brush, seconded by Councilman Waterman,
it was, upon roll call, unanimously
RESOLVED that Patrolman James Mancusi is hereby
authorized to accept the scholarship offered
by the American Automobile Association to
attendance at the Traffic 'Institute Course at
Northwestern University, .]ovember 2S through
December 9, 1955.
The Town Clerk requested authorization to publish the usual
registration notice in the Daily Times .
On motion by Councilman Brush, seconded by Councilman Kane, it
was unanimously
RESOLVED that, in accordance with the provisions
of Section 76 of the Election Law, a notice be
published in the Daily Times on October 8th and
15th, 1955, giving a list of the places of regis-
tration in the Town of Mamaroneck, a statement of
the days and hours of registration, and a brief
description of each registration district in the
Town.
The Clerk submitted the following,
Town Clerk 's Report for August, 1955
R ep of Westchester Shore 17umane Society, Inc . , for August, 1955
Summary of Receipts and Disbursements , January I to August 31, 1955
Analysis of Budget Appropriations & Expenditures, January I to
August 31, 1955
Analysis of Estimated Revenues, January I to August 31, 1955
For the record the Clerk presented affidavit of publication and
posting notice of adoption of resolution amending the Zoning
Ordinance of the Town and the map accompanyin.g and forming a
part of the same so as to show certain property in the Hommocks
area in Use, Area. and Height District L-1 (Residence) instead of
(A) Residence .
For the record the Clerk presented affidavit of publication and
posting notice of adoption of resolution amending the Zoning
Ordinance of the Town and the map accompanying and forming a.
part of the same so as to show certain property in the area of
Fifth Avenue to be in Use, Area and Height District C (EBusiness) .
For the record the Clark presented affidavit of publication and
posting of notice of adoption of resolution amending the Zoning
Ordinance of the Town of 1.1anaronech.
The Clerl-, -presented a letter dated September 28, 1955 from Chief
Yerick stajikg that the Police Commissioners have chosen
L d Officer George Mulcahy to attend
sergeant Eugene De Vea:u an
the annual Firearms School conducted by the FBI at Camp Smith
Peeks3lsJill, October 3rd through October 7th, with expenses in
the amount of $25.
27 j
On motion by Councilman Brush, seconded by Councilman Faye, it
was unanimously
qg$QLVED that Sergeant Eugene DeVeau and Officer
George Mulcahy are hereby authorized to attend the
annual Firearms School conducted by the FBI at Camp
Smith, Peekskill, October 3rd through October 7th,
with expenses not to exceed the amount of $25. , to
be paid out of the item in the budget appropriated
for such expenses .
The Clerh presented a memorandum from Chief Yerict;, together with
three bids for uniforms for the newly appointed patrolmen.
the memorandum stated that the Police Commission recommended the
acceptance of the lowest bid which was that of Broods Uniform
Company, 75 West 45th Street, New York City.
On motion b y Councilman inrush, seconded by Councilman Waterman,
it was, upon roll call, unanimously
RESOLVED that the bid of Brooks Uniform Company,
in the amount of ''254.25 for 3 ,Tinter overcoats
3 pair winter trousers , and 3 patrolma.n's caps,
be and it hereby is accepted .
The :supervisor presented and read a letter dated September 12,
1955, from the B=oard of Police Commissioners, recommending the
adoption of a working schedule which would grant members of the
Police Force 53 hours off instead of 45, as under the present
5-day, 40 hour weekly worming schedule, with no increased
cost to the Department's operational expense .
On motion by Councilman Waterman, seconded. by Councilman Brush, it
was, upon roll call, unanimously
RESOLVED that this Board hereby approves the revised
working schedule of the Police Department on file in
Police Headquarters, which grants members of the
Police Force 56 hours off instead of 43, under the
present 5-day, 40 'hour weekly work schedule.
The Supervisor presented a letter dated September 12, 1955, from
the hoard of Police Commissioners suggesting study and con-
sideration of the matter of supplying hospitalization for
members of the Police Department. The Supervisor stated that
that the Town could a for hospitalization
he did not believe t o pay p
for Town employees and their families.
Supervisor Mandeville suggested that the park located adjacent
to the 'Town Yard be named Cargill Park. He said Mr. Cargill
had served the Town for many years on the Park Board, first
as a member of the Board and later as its Chairman, and he
had lost his two sons in the service of their Country .
Kane,
On motion by Councilman/ seconded by Councilman .Brush, the
following resolution was, upon roil call, unanimously adopted :
ffHEPE,AS, Julian Cargill has for many years served the
Town of Mamaroneck on its Park Commission, first as a member
of that Commission and later as its Chairman; and
- `.FH 2,EAS , Ronald Cargill and John Cargill, sons of Julian
Cargill, made the supreme sacrifice for their Country ; and
ti°iTTEREAS, this Board thinks it would be fitting to have one
of the parks in the Town of 1, amaroneck bear the name of "Cargill" ,
i
29
Nora, THEREFO EE E IT
RESOLVED that the ark area adjacent to the Town
x.,,1 L
Yard be and it hereby is named Cargill Park, as
a tribute to Julian Cargill .
Councilman Brush suggested that Station park be re-named
"Pd?emorial part" it was decided to let this matter go over
until the next meeting.
I
Councilman Waterman had nothing to report for his Departments .
Councilman Brush said he had attended meetings of the Park
Board and the 'Recreation Commission where the business of the
evening had been the preparation of the 'budgets for 1956.
Mr. Al Rukin, president of Fordham. Transit Company, appeared
and again asked the Board to waive the franchise requirements
in order to maintain bus service. 'r. -Ru=sin further stated
that Mr. George Forbes, Tillage Attorney of Larchmont, will
recommend to his Board that it waive its franchise tax.
Councilman Waterman read from a report of a Commission appointed
by Governor Dewey in which the waiver of franchise tax was
recommended .
Councilman dune suggested that a. moratorium of the franchise
requirements be ;ranted.
17r. Delius said that t^e waiver of franchise requirements is
a part of an agreement which must be made with the 'xordham
Transit Company and it was suggested 't"_a.t copies of the agree°
: '_Bent be ma.-sled to the members oz. tree Board an order that action
right be taken at the neat sown Board meeting.
Mr . 'Morris Karnes , attorney for Marbourne lNestchester, Inc .
appeared and offered the d dlcatioa of Stonewall Lane and
t,
return of 1D Cs£TV which barn been deposited '�i�a_a
requested the e � , p
the Town. -Te said the worit had been completed in accordance
with -the resolution adopted Uune 1, 355, and inasmuch as his
client had lived up to his agreement, the deposit should be
refunded.
T, r. O'Brien, the Superintendent of Highways , said he would not
give his approval until certain shoulder grading is completed.
Supervisor Mandeville suggested that the sum of $0. , 300 be
a h work is completed to
- ' e retained a
ntil the leased �CCr to o p
re �
9
the satisfaction of "dr . O'Brien.
On motion by Councilman Waterman, seconded by Councilman Brush,
it was, upon roll call, unanimously
RESOLVED that the resolution heretofore adopted
by this Board on June let, 1955, shall be modified
in accordance with the provisions of Section (2)
thereof, as follows :
That Ti5arbourne Westchester, Inc . deposit or allow to
- - remain on deposit with the Town of ilamaroneck, the sum
of $500, which sum is to be held by the Town to insure the
completion of the work on Stonewall Lane as origina.11y
d solution of June 1 1955 and
provided for in the say re , ,
in the letter of A. J. Foote, Civil Engineer, dated :Tune 1,
1955, which is incorporated therein by reference, and
331
with particular reference to the completion of an earth
shoulder at least 3 feet wide and higher than the edge of
the pavement in front of or abutting upon the following
lots as shown on Maps of Stonewall Lane, Sections 1, 21 3,
and 4, filed respectively in the Register's Office of
Westchester County on October 27, 1952, as Map No. 7837;
January 14, 1953, Map No, 7909 ; June 22, 1954, Map No.
9142 ; and September 8, 1954, Map No. 9339, to wit:
Lots Nos , 4, 70 10, 23, 24, 28, and 29.
FURTHER RESOLVED that the sum of $9, 5Uu be paid to
Herman Kobrin in accordance with the terms of the
receipt issued to him for the sum of $10,000, dated
June 3, 1955.
FURTHER RESOLVED that the street known as Stonewall
Lane, together with an easement for drainage purposes
across Lot 7 as shown on Map of Stonewall, Section 2,
filed in the County Clerk's Office January 14, 1953,
as Map No, 7909, be accepted, provided that the Town
Attorney approves the deed and conveyance and is
satisfied that good title thereto is obtained by the
Town, and further that the mechanics' lien heretofore
filed by San Marco Construction Co, on August 25, 1955,
be disposed of as a lien against the land to be released
and conveyed to the Town of Mamaroneck.
Councilman Kane reported that he had received the report on the
construction of the Prince Willows sewer from Gregory and
Cronquist and that the present estimate is approximately $247,000.
Because of the increased cost, it was decided that no action
would be taken and the Clerk was instructed to notify Messrs.
Levin and Mabel that the Report had been received ,
Mr. Delius, Town Attorney, informed the Board that before any
further action could be taken on the Prince Willows sewer matter,
it would be necessary to have new petitions filed containing the
names of 507 of the property owners on the 1955 assessment roll .
On motion by Councilman Waterman, seconded by Councilman Brush,
it was unanimously
RESOLVED that the Town Attorney be and he hereby is
authorized to attend the Regional Planning Conference
to be held in New York City on October 6th, with
expenses to be paid out of the item in the budget
appropriated for such expenses.
Discussion on the subject of the approval of the "Requirements for
the Approval of Subdivision Plats in the Town of Mamaroneck" which
had previously been submitted to the Town Board for approval
after adoption by the Planning Board, was put over until the
next meeting.
Councilman Kane presented the following petitions received from
the Assessor for the correction of the assessment roll so as
to permit the apportionment of taxes, and on motion by Council-
man Kane, seconded by Councilman Brush, the following resolu-
tion was, upon roll call, unanimously adopted:
WHEREAS, the Assessor had presented petitions for the cor-
rection of the assessment roll for certain years, pursuant to
the provisions of Section 557, Article 16 of the Westchester
County Administrative Code, known as the Westchester County
Tax Law; and
WHERE ASP after due consideration, this Board finis it
desirable to grant said petitions for the correction of said
assessment roll,
Aloe', THEREFORE, By IT
taxes RESOLVED tassessment of
1954, School
sof 1955, which showspropertynow appearing
on the roll as follows :
Block parcel Name Lana only
I
304 55 GG B Rs E A? Realty a 24, 000
I
be corrected as follows in accordance with the
provisions of subdivision 5 of ;Section 557:
Block .parcel dame Land only
304 53 G B & E M Realty 23,00()
308 '2000)
2147) Charles G. '; illiams 1,060
it
FAT ER RESOLVED that the assessment roll of
10,55, taxes of 1955, ;which shows property now
appearing on the roll as follows :
Bloc? parcel Name Land only
304 55 G B & E M Realty 441000
I
be corrected as follows in accordance with the
provisions of subdivision 5 of Section 557:
-- Block parcel !lame Land only
304 53 G. B & v K Realty 4 2,000
304 2000)
2147) Charles G. 111illians 22000
FURTHEPL RESOLVED that the assessment roll of
1054, school taxes of 1955, which shows property
now appearing on the roll as follows:
Block Parcel Name Land only
333 63 Ca.nmer Builders, Inc . 4'835 &30
be corrected as follows in accordance with the
provisions of subdivision 5 of Section 557:
Bloc-1--. Marcel name Land only
333 51 Michael J. Devaney 700
333 66 Canner Builders, Inc . 3, 130
FURTHER RESOLVED that the assessment roll of
1955, taxes of 1956, which shows property now
_- - appearing on the roll as follows :
Block Parcel Name Land only
333 1600 Ca.nmer Builders, Inc. 3, 000
be corrected as follows in accordance with the
provisions of subdivision 5 of Section 553:
3
I
I
Bloch Parcel flame Land only
333 1593 Michael Devaney 4} 11000
333 1500 Canmer Builders, Inc . 2, 000
FURTHER RESOLVED that the assessment roll of
1955, taxes of 1954, which shows property now
appearing on the roll as follows :
Block Parcel Name Land only
414 274 Lost Load Building Corp. 450
be corrected as follows in accordance with the
provisions of subdivision 5 of Section 557:
Bloct Parcel Mane Land only
414 274 Post Road Building Corp. 400
414 243 Benjamin Ea.rx 450
FURTHER RESOLVED that the assessment roll of
19551 taxes of 19562 which shows property now
appearing on the roll as follows :
Block Parcel Name Land only
935 10 Posy. Road wilding Corp. 700
be corrected as follows in accordance Grath the
provisions of subdivision 5 o Section.. 557:
Block Parcel Name Land only
935 10 Post Road Building Corp. 250
--
935 15 Benjamin Marx 450
FURTHER RESOLVED that the assessment roll of
1954, school taxes of 1955 and the assessment
roll of 1955, taxes of 1956, which show
property now appearing on the roll as follows :
Block Parcel Name Land only
414 301 ?cos-;. Road realty Corp. 500
be corrected as follows in accordance with the �
provisions of subdivision 5 of Section 557:
Block Parcel Same Land only
414 301 Post Road `fealty Corp. 350
414 303 Thomas Leone 150
FURTHER RESOLVED that the assessment roll of
1954, school taxes of A W, and the assessment
roll of 19552 taxes of 19501 which show
property now appearing on the roll as follows :
Block Parcel ,'^fame Land only
935 20 Post Road Realty Corp. 11200
be corrected as follows in accordance with the
provisions of subdivision 5 of ;Section 557:
337
Block Parcel Name Land only
S35 20 Post aced aealty Corp. Y 70G
435 26 Thomas Leone 500
FURTHER RESOLVED that the assessment roll of
1954, school taxes of IS55, and the assessment
roll of 1955, taxes of 1956, which show
property now appearing on the roll as follows :
Eloch Parcel Name Land only
502 144 Gus A. Girardi 1, 500
be corrected as follows in accordance with the
provisions of subdivision 5 of Section 557:
Elock Parcel Name Land only
502 144 Alexander Westfall 300
502 147 Thomas A. Savoca & W. 1,000
502 153 john W. Graf 200
FURTHER RESOLVED that the assessment roll of
19541 school taxes of 1955, and the assessment
roll of 19555 taxes of 1956, which show
property now appearing on the roll as follows :
Block Parcel Name Land Improvement Total
505 127 Erich Krako & U . 2,300 2, 100 4,400
Sze corrected as follows in accordance with the
provisions of subdivision 5 of Section 557:
Block Parcel Name Land Improvement Total
505 127 William Stefanisko & W. 500 2 , 100 22600
505 487 Erich Krako & W. 1, 333 I' m
FURTHER RESOLVED that the assessment roll of
1254, school taxes of 1955, and the assessment
roll of 1955, taxes of 1956, which show
property now appearing on the roll as follows :
Block Parcel Name Land only
604 572 Adam Sumetz 2 $000
be corrected as follows in accordance with the
provisions of subdivision 5 of Section 557:
Block Parcel Naie - Land only
604 579 Arthur R. Overfield
& W. IYO00
604 584 Adam Sumetz 1,000
FURTHER RESOLVED that the assessment roll of
1954, school taxes of 1955, and the assessment
roll of 1955, taxes of 1956, which show
property now appearing on the roll as follows :
Block Parcel Name Land Improvement Total
304 579 Adam Sumetz 2$000 15,200 17,200
�9
be corrected as follows in accordance with the
provisions of subdivision 5 of Section 557:
Block parcel Sure Land Improvement Total
504 579 Arthur R. Overfield
& W. 1,000 9,000 10,050
604 584 Adam Sumetz 1,000 5,205 7, 20G
FURTHER RESOLVED that the assessment roll of
1954, school taxes of 1555, and the assessment
roll of 1955, taxes of 1555, which show
property now appearing on the roll as follows :
Block Parcel Name land only
713 50 Howard L. yeichart, Jr. 4, 503
be corrected as follows in accordance with the
provisions of subdivision 5 of :Section: 557:
Bloch Parcel Name Land only
713 50 Joan G. Eggers 39000
813 62 George S . Squibb, Jr . 1, 500
FURTHER RESOLVED that the assessment roll of
1355, taxes of 1955, which shows property
now appearing on the roll as follows :
Block Parcel Same Land only
135 144 Joseph valzona 2, 53:=
be corrected as follows in accordance with the
_.- provisions of subdivision 5 of Section 557:
Block .parcel ::a±.e Land only
i
v35 144 :aeon Gilbert 1,250
935 149 Edward Quinn 1,250
Supervisor Mandeville suggested that, because of the many
amendments to be voted upon at the general election and the
co=nfusion which may result therefrom the proposal to include
a proposal for Town Hall and Swimming Fool on the ballot
should be abandoned . He suggested that a special election.
might be held at a later date .
Mr . Waterman read a. letter, dated September 27, 1955, from Sr.
James Hopkins, County Executive, stating that the County of
Westchester wall. con=struct a swimming pool on Mamaroneck Avenue
near the Hutchinson fiver Parkway. The letter further stated
that it is hoped that construction will start in the Sprang.
?r. Waterman said that, in view of the construction by the
County of a pool, no action should be taken by the Town
Board . He also cited the increase in school taxes and does
not believe the taxpayers should be burdened further.
The Supervisor suggested that for a. nominal sum, something
-- could be provided in the Hommocks . He said children in this
area are entitled to a ;lace to swim.
There being no further business to come before the meeting, it
adjourned at 10: 10 P. M. , to meet again on October 19, 1955.
ToL �e