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A<br />

294<br />

REGULAR BOARD HEETING<br />

JUNE 16, 1993<br />

RESOLUTION 1993 - 21<br />

REQUESTS FROM THE FLOOR<br />

TOWN HALL<br />

7:30 P.H.<br />

ERIE COUNTY MATER AUTHORITY -<br />

GEOGRAPHIC INFORMATION SYSTEM<br />

Michelle J. Zulawski, 6944 Boston Cross <strong>Road</strong>; Submitted a letter<br />

of complaint along with photographs of her property that was<br />

affected by the South Boston Town Park Drainage Project. When Ms.<br />

Zulawski purchased her house she paid extra to have survey stakes<br />

left in case she ever wanted to do anything to her property. The<br />

stakes are gone. Why was additional park property bought ih the<br />

town before the South Boston Park Project was completed? I asked<br />

that by the next Town Board Heeting this problem be corrected or<br />

that sorae steps be taken.<br />

Supervisor Kennedy: Spoke with the contractor regarding property<br />

stakes that v;ere removed and he was told that they haJ all been<br />

replaced except for the ones on Mr. Lowry's property. Since Mr.<br />

Lowry was the only one who complained. Arrangements were made with<br />

the surveyor to properly put stakes on this property. There is a<br />

small amount of retainage remaining in the contract for this<br />

drainage project from Klarberg that has not been released. I will<br />

contact Mr. Klarberg and indicate to him the problems that you<br />

pointed out and see if these concerns can be corrected.<br />

Under the terms of the grant that we applied for from New York<br />

State Parks and Recreation one of the prerequisites was that v/e<br />

attain additional park lands as part of the grant application. The<br />

land was purchased at the back of the Town Park to create a walkway<br />

and nature path along the creek.<br />

Town Attorney Perley: That was the major component of a seventy<br />

thousand ($70,000.00) dollar grant.<br />

Supervisor Kennedy: This has been an ongoing project frora three<br />

and a half (3 1/2) years ago which was started long before South<br />

Boston Park was a reality.<br />

A raotion was raade by Supervisor Kennedy and seconded by Councilman<br />

Flowers to authorize Supervisor Kennedy to sign a change order from<br />

Feddington-Allen for the Ambulance Garage Addition in the amount of<br />

$4,550.00 dollars.<br />

three (3) Ayes Carried<br />

Letter received frora Deputy Town Attorney David Wilson, Re:<br />

Soil Removal Permit for Bonerb Property. It is ray legal opinion<br />

that Cold Springs Construction Corapany does not need a Town of<br />

Boston Soil Reraoval Permit to remove the soil which they intend to<br />

remove from the Bonerb property, on file in the Town Clerk's<br />

Office.<br />

Councilman Flowers: Discussed this matter with Deputy Town<br />

Attorney Wilson at length and went over Town Code Section 101-1.<br />

This Town Board has no jurisdiction over the removal of over three<br />

hundred thousand (300,000) yards of material. The Town has<br />

nothing to say about this and the Planning Board does not get a<br />

site plan review on this, because it is a public improvement. I<br />

think this is wrong. I have never seen a plan of what is going to<br />

happen up there. I've been assured that there is going to be<br />

something happen up there, nobody knows what is going on up there.<br />

Supervisor Kennedy: Talked with Cold Springs Construction and was<br />

assured that he has an agreement signed with Mr. Bonerb that once<br />

this soil is removed proper grades will be made and that it will<br />

all be graded and seeded. In addition to that I was assured by the<br />

D.O.T. that under the provisions they have for<br />

'}g4<br />

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