Larchmont Historical Society Supports Preservation of Kemper
Memorial
by Judy Silberstein*
And
read excerpts from the 1946 Deed
And see addendum from Friday afternoon,
November 21, 2003
(November
18, 2003) The future of the Kemper Memorial Park was the
major agenda item for the Board of the Larchmont
Historical
Society
at their monthly meeting on Tuesday, November 18. The Trustees
discussed the issue at length and then voted (12 in favor,
1 abstention) to adopt the following resolution.
“The Society supports preservation of the Kemper Memorial
in its existing form.”
"It is unfortunate that a community organization would
take a position on an issue involving the school district
without ever talking to the district or the School Board,"
said School Board President
Bob Martin when contacted for comment.
The Historical Society Trustees were responding
to recent reports that the Mamaroneck School Board was
once again considering plans
to reconfigure the park to make room for an additional
playing field.The School Board had announced
on November 7 that it had been in conversations with the
Kemper family
for a
number of months, but had yet to find a plan that was satisfactory
to both the family and the schools. (See: Kemper
Memorial on School Board Agenda.)
The Larchmont Historical Society and the Kemper family had
opposed an earlier design in 2000 that was part of a $50
million capital improvement program for the schools. In response
to the controversy, the School Board dropped the playing
field element from the plans, and presented voters with a
slightly smaller bond issue that passed in May of 2001.
The Historical Society’s current resolution is not
in response to any particular plan, explained President Fred
Baron, but rather to proposals that appear to threaten the
integrity of the park. “The Larchmont Historical Society
will work, as we did three years ago, to preserve the integrity
of the Kemper Memorial Park,” he said.
“The Kemper Memorial is not just three slabs of stone
with 99 names on them,” said Larchmont historian and
LHS Secretary Judith Spikes. “What it is is a park
with a grove of 46 mature trees - and the stone monument.”
Baron explained that the Historical Society is taking
essentially the same position it did three years ago: that
the land was
given to the School Board in trust; and that the deed conveying
the land from the Kempers to the School Board contains a
restrictive covenant. “The School Board does not have
the right to use the land in any manner it sees fit,” said
Baron. (See: Excerpt from
the Deed)
The next step for the Historical Society is a conversation
with Richard Cantor, a Kemper grandson and spokesperson for
the family. Baron will be contacting him in
the near future.
"The last time this issue was raised, the Historical Society
invited Mr. Cantor to speak to them but did not invite the
school board to speak," said Bob Martin.
"I understand that it is their intention once again
not to
offer the School Board an opportunity
to speak to its members. We would have hoped
that they would be willing to hear firsthand about the
challenges
facing the school on this issue."
Martin went on to clarify the School Board's intentions:
"The school board's goal is to balance the district's
serious need for additional playing fields while remaining
true to the spirit and honor that we know
should be given the Kemper memorial. The
board's efforts over the past many months has been to try
to reach an
agreement with the Kemper family that will accomplish both
of these goals
and, although that has not happened yet, it is still our
goal."
ADDENDUM FRIDAY AFTERNOON:
(November 21, 2003) Following the original publication
of this article on November 20, The Larchmont Historical
Society reached out to the Mamaroneck School Board
and the School Board reached out to the Historical
Society. Neither side had yet received the other's
communication, but apparently both are open to a meeting.
LHS President Fred Baron provided the Gazette with
the following clarification: "It was not my intention
to indicate that we would not be contacting the School
Board, In fact, as of Friday morning, invitations have
been extended both to Mr. Cantor and to the School
Board to talk about this issue with the Society Board."
The School Board, upon learning of the LHS resolution
from the Gazette, attempted to contact the trustees
to set up a meeting. The School Board indicated that
it has not yet made a decision on the Memorial Park
issue and is contacting a number of groups, including
the Larchmont and Mamaroneck Historical Societies. |
Below is an excerpt from the original document deeding
the land from the Kempers to the Mamaroneck School Board.
What is not shown is the description of each parcel and the
title page.
This Indenture,
Made the 7th day of January, nineteen hundred and
forty six
Between ADOLPH M. KEMPER AND HELEN S. KEMPER, his wife, residing at 155 Beach
Avenue in the Village of Larchmont, Town of Mamaroneck, County of Westchester,
State of New York, parties of the first part,
And UNION FREE SCHOOL, DISTRICT NO. 1, Town of Mamaroneck, N. Y., a municipal
corporation, organized and existing under the provisions of the Education Law
of the State of New York, party of the second part,
Witnesseth, that the parties of the first part, in
consideration of One Dollar lawful money of the United
States, and other good and valuable consideration does
hereby grant and release unto the party of the second
part, its successors and assigns, forever,
PARCEL I (physical description of each parcel follows)
PARCEL II
PARCEL III
PROVIDED ALWAYS that the said parcels of land hereby conveyed together
with the adjoining lot or parcel of land conveyed by the parties of the first
part to the party of the second part by deed dated the 29th day of September
1945, shall be held and maintained in perpetuity for public and school used
as
a memorial to the late Lt. Richard Kemper, and the other students and former
students of Union Free School District No. 1, Town of Mamaroneck, N. Y., who
gave their lives in the service of the United States of American in World War
II; all of said parcels to be collectively known as “Richard Kemper Park”.
In the event that the said party of the second part shall at any future time
be dissolved without a similar municipal corporation’s succeeding to its
interests, or if the site westerly of said premises now held and used for public
school purposes be abandoned and such use terminated, then the said premises
hereby conveyed shall pass to the municipality in which the said premises be
then situated, thereafter to be held and maintained by it and its successors
for the purposes aforesaid.
Together with the appurtenances and all the estate
and rights of the parties of the first part in and
to said premises.
To have
and to hold the premises herein granted unto
the party of the second part, its successors and assigns
forever subject to the limitations aforementioned.
The grantor, in compliance with Section 13 of the
Lien Law, covenants that the grantor will receive the
consideration for this conveyance and will hold the
right to receive such consideration as a trust fund
to be applied first for the purpose of paying the cost
of the improvement and that the grantor will apply
the same first to the payment of the cost of the improvement
before using any part of the total of the same for
any other purpose.
In Witness Whereof, the parties of the first part
have hereunto set hands and seals the day and year
first above written.
In presence of:
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*Judy Silberstein was a member of
the School Board from 1998-2001
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