Unusual Boundary Dispute With Mount Vernon Resolved by Special Election in 1939

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During the last 360 years, the boundaries of the Manor of Pelham and, later, the Town of Pelham and the various villages that have existed within the boundaries of the Town, have changed and evolved.  Changes in the boundaries have resulted from property sales, resolution of boundary disputes, annexation, and other such causes.  Indeed, local historian Lockwood Barr devoted much of an entire chapter in his book on the history of Pelham published in 1946 to the topic of boundary changes involving Pelham boundaries.  See Barr, Lockwood Anderson, A Brief, But Most Complete & True Account of the Settlement of the Ancient Town of Pelham Westchester County, State of New York Known One Time Well & Favourably as the Lordshipp & Manour of Pelham Also The Story of the Three Modern Villages Called The Pelhams, pp. 62-69 (The Dietz Press, Inc. 1946).  Additionally, I have written before about certain boundary disputes that have affected Pelham boundaries.  See:

Mon., Oct. 6, 2014:  Executive Council of Province of New York Urges Settlement of John Pell's Boundary Dispute with John Richbell on January 18, 1671/72.

Tue., Feb. 10, 2009:  Another Article About the 19th Century Boundary Dispute Between Pelham and New Rochelle.

Thu., Mar. 16, 2006:  1869 New York Herald Article About Pelham's Boundary Dispute With New Rochelle. 

Mon., Sep. 17, 2007:  Articles About the 19th Century Boundary Dispute Between Pelham and New Rochelle.

During the 1930s, a very odd boundary dispute arose between the Village of Pelham Manor and the City of Mount Vernon along part of their mutual boundary along the Hutchinson River Parkway.  Since the founding of the Village (later city) of Mount Vernon, the boundary between Mount Vernon and Pelham Manor had followed a center-line in the middle of the looping and winding Hutchinson River (often referenced as Eastchester Creek).  During the mid-1930s, however, the Army Corps of Engineers straightened and deepened the channel of the Hutchinson River, eliminating many of the loops and winding sections of the creek in an area roughly from today's BJ's Wholesale Club to Eastchester Bay where the Hutchinson River empties and ends.  

Once the straightening of the channel was complete, some of the land that previously was on the Pelham Manor side of the creek was now on the Mount Vernon side.  Additionally, some of the land that previously was on the Mount Vernon side of the creek was now on the Pelham Manor side.  A host of issues arose as a consequence.

First, there were differences in the ways in which Pelham Manor and Mount Vernon assessed the value of property for tax purposes.  Disputes arose over the consequent valuations and the property taxes that were levied against the properties.  Additionally, the Village of Pelham Manor discovered that it had to provide fire protection to certain Pelham Manor property on the other side of the creek that was cut off from the rest of the village.

Negotiations between the two municipalities began, in effect, to move the boundary between them in the area to the center of the newly-straightened channel so that all land on the Mount Vernon side would lie within the City of Mount Vernon and all land on the Pelham Manor side would lie within the Village of Pelham Manor and the Town of Pelham.  

The negotiations turned out to be easy compared to the process required to effect the change.  The City of Mount Vernon and the Village of Pelham agreed that the boundary change should take place.  However, the state legislature had to pass a bill and various of the local taxing authorities including the City of Mount Vernon, the Town of Pelham and local school districts had to adopt resolutions approving the boundary change. Additionally, State law applicable to village municipalities required a special election to obtain the approval of Village of Pelham Manor voters.  

By June, 1939, the entire process had been completed except for the special election in Pelham Manor.  On the evening of Monday, June 26, 1939, the special election was held.

Only fifteen voters in the entire village bothered to show up and vote.  As noted in the local newspaper, nearly two-thirds of those voters were either election inspectors working at the polls or Village of Pelham Manor officials.  Only six others voted.  The boundary change was approved.  Yet another change to the boundaries of the Town of Pelham occurred.

Detail of 1910 Map Showing Winding Hutchinson River,

Near Upper Right, Later Straightened with New Boundary.

Source:  Bromley, George W., "Part of the Town and Village

of Pelham" in Atlas of Westchester County, New York, Vol. 1,

p. 18 (Philadelphia, PA:  G. W. Bromley & Co., 1910).

NOTE:  Click Image To Enlarge.

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"Pelham Manor Voters Will Decide Boundary Change
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Special Election to be Held at Village Hall in Pelham Manor on Monday Night to Settle Old Dispute.
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Pelham Manor voters will decide on Monday night on the question of straightening the village boundary line along Eastchester Creek.  Polling in the special election will be held at the Village Hall from 5 to 9 o'clock.  Two propositions to be submitted provide for an interchange of properties on both sides of Eastchester Creek by the Village of Pelham Manor and the City of Mount Vernon, establishing the boundary of these communities along the center line of the government channel in the waterway.  An affirmative majority on both propositions must be gained to permit the settlement of the boundary dispute.

The special election is the result of several years of attempts to have the boundary straightened.  Prior to the dredging of the channel several years ago the boundary line followed the winding waterway.  With the dredging the course of the stream was straightened, but there was no official action on making the boundary coincide with the changed course of the water way.  It was later determined that properties of both communities were distributed on both shores of the creek.  Variations in assessment by the two communities were responsible for disputes in variations.  Fire Chief John J. Brennan of Pelham Manor found that it was necessary to give fire protection to property by the waterway cut off from the rest of the village.

After several years negotiation the City of Mount Vernon and the Town of Pelham petitioned the Legislature to pass a bill providing for the boundary change.  Under provisions of the Village law, a referendum is required in the village."

Source:  Pelham Manor Voters Will Decide Boundary Change, The Pelham Sun, Jun. 23, 1939, p. 1, col. 6.

"Fifteen Vote For Boundary Change; All But Half Dozen Are Officials
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Of the 15 voters who cast ballots in the special election in Pelham Manor on Monday night, all but a half dozen were election inspectors or officers of the village.  Those fifteen voters gave final approval without dissent, of a dispute of long standing, and established the boundary of the Village of Pelham Manor and the City of Mount Vernon, at the center line of the government channel in Eastchester Creek.  The state legislature had passed a bill, and the City of Mt. Vernon, Town of Pelham and the local school district officials by resolution had approved of the new boundary location, but the final decision rested with the voters of Pelham Manor.

By the boundary change Pelham and Mount Vernon exchange properties on both sides of Eastchester Creek.  One parcel which was previously in Pelham Manor is owned by the City of Mount Vernon, and outstanding taxes amount to more than $1,200.  Town Attorney Geo. Lambert has been advised by the city that this delinquency will be paid."

Source:  Fifteen Vote For Boundary Change; All But Half Dozen Are Officials, The Pelham Sun, Jun. 30, 1939, p. 1, cols. 4-5.  

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