ABANDONMENT: Dunn Road ABSTRACTS: GENERAL FUND ...

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REGULAR BOARD HEETING
APRIL 21, 1993
TOWN ATTORNEY REPORT
TOWN HALL
7:30 P.M.
The Town Board pursuant to a certificate filed by the Highway
Superintendent abandoned a portion of Dunn Road that began one
mile from its intersection with Boston-Colden Road. A law suit
was filed by Lois Slattery, Administrator for an estate on the
land at the end of the road. Ronald Bronstein as attorney-infact
for two other owners of property adjacent to Slattery
served notice to intervene in that law suit and contest
Slattery's suit to over turn the abandonment. There have been
numerous pretrial conferences. A suggestion was made that while
this law suit is pending, and before we take the matter toward
any judicial conclusion, that we explore the possibility of
engaging into what is known as a qualified abandonment. A
qualified abandonment maintains the public right-of-way over the
abandoned road but relieves the town of its obligation to
maintain it.
The Town Board previously passed a resolution asking that the
Deputy Superintendent of Public VIorks and Commissioner of
Highways John Gugino conduct a Public Hearing. We have agreed
upon a date of Hay 5, 1993 at 6:30 P.M.
A motion was made by Councilman Wohlhueter and seconded by
Supervisor Kennedy to schedule a Public Hearing on Hay 5, 1993
at 6:30 P.M. to consider the Qualified Abandonment of Dunn Road.
five (5) Ayes
RESOLUTION 1993 14
Carried
DEDICATION OF GREENBRIAR TERRACE
SZALAY SUBDIVISION
Supervisor Kennedy directed Town Attorney Perley to draft a
letter to Hr. Dake on Back Creek Road indicating that the
premises have been inspected by the Code Enforcement Ofificer and
Members of the Town Board and concur that a Commercial Saw Hill
operation being operated on property that is zoned residential
is in violation, giving him an opportunity to respond in a
reasonable amount of time as to what he intends to do with this
operation, if not he will be served by the Code Enforcement
Officer.
Town Attorney Perley has been in contact with an attorney that
represents Hr. Dake and has advised him that this property which
is zoned R-2 is not permitted to have this type of operation on
it.
Town Attorney will send a letter advising Mr. Dake to respond to
the Town Board by the next Board Heeting, May 19, 1993.
Councilman Flowers suggested that a weight limit restriction be
posted on Dunn Road. Town Attorney Perley will look into this.
COUNCILMEN REPORT
Councilman Flowers had a complaint from the residents on Boston
State Road in the Hamlet of Boston where the road is
disintegrating about natural gas leaking. Councilman Flowers
contacted National Fuel and was assured that repair work would
be done in that area within two weeks.
Councilm.an Flowers reported that in the Eckhardt Road area that
National Fuel will be upgrading the gas mains from low pressure
to high pressure which eliminate frozen gas lines and meters.
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