ABANDONMENT: Dunn Road ABSTRACTS: GENERAL FUND ...

33
REGULAR BOARD MEETING
JULY 21, 1993
TOWN HALL
7:30 P.M.
Ceil Novak: Are those the total number of people living on Back
Creek Road or are you restricted just to sending a certain number
of notices out? Because we did not receive a notice and a lot of
our neighbors around us did not receive notices.
Town Clerk Shenk: I you would like after the Public Hearing I
would be more than happy to show you the assessors maps that I used
and the law that 1 used that guided me through determining which
properties needed to be notified.
Ceil Novak: I would like to ask eatih one of the Town Board Members
how they would like to have these trucks rolling up and down the
road after they had been living in a residential area for thirtysome
years? I have empathy for the Dake's and also feel that there
are other places in town and the safety of our children and
citizens should be our prime concern here. Don't-let these trucks
roll up and down Back Creek Road, please. Just come over and view
it a few days out of the week and'see what is happening. Now it is
down it is not bad now but when it is rolling full blast it was
going. Thank you.
Councilman Flowers: Mr & Mrs Dake could you arrange a schedule of
delivery for your logs or product that would come in at an off peak
time?
Greg Dake: They are all scheduled. I will take exceptiorrto noise
and trucks. I don't think you people know how many trucks passed
down that road this year for me. There are other people south of
me that get deliveries. Logging trucks go through DOT inspection
stations every time they come. They always come from the north.
So far this year on Back Creek Road there have been seventeen (17)
trucks for me. I am not the only person in my area that has a
chain saw. I use a chain saw about two (2) hours a day and that is
at intermittent sessions. My processor has the same engine as a
pickup truck, it will hum but it won't scream. The men that drive
these log trucks are not going to hurt your children. They are
professionals, the logs are chained, they drive slow. I have not
had sixteen (16) loads per week. I would like to talk with anybody
here one on one with what we are doing. Noise or volume of truck
traffic.
These men work from eight in the morning until four in the
afternoon, Monday thru Friday. Yes, I could try. I would have to
talk with the owners of the companies.
Councilman Flowers: Do you know of any problems that your delivery
trucks have ever had on Back Creek Road?
Greg Dake: No.
Councilman Wohlhueter: I believe that Mr. Dake has an option
however, he is asking for an M-1 zoning. This is spot zoning.
Right now it is zoned residential which it should stay because in
an M-1 rezoning if the Dake's were to move and someone else went in
there they could put any of the operations in that are stated in
the zoning ordinance. There is another alternative and the Town
Attorney can verify this. If this zoning is denied it could go to
the Zoning Board of Appeals and apply for an economic hardship
variance. If this was granted by the Zoning Board of Appeals, I
believe they have jurisdiction over the Town Board and this
variance would only apply to this particular operation.
Town Attorney Perley: Under the Town Law of the State of New York
if this zoning is turned down tonight the Dake's have a couple of
options. They can sue the Town Board of the Town of Boston, under
article 78 of the CPLR, they can apply to the Zoning Board of
Appeals for a variance on the basis of an economic hardship, or
discontinue the business.
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