ABANDONMENT: Dunn Road ABSTRACTS: GENERAL FUND ...

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REGULAR BOARD MEETING
JULY 21, 1993
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TOWN HALL
7:30 P.M.
Supervisor Kennedy: Directed the Town Attorney to issue a letter
indicating that your present roadway does not comply with the Plot
Plan that you submitted to the Town Board and consequently, the
road will have to be closed, because that v;as not the Plot Plan
submitted to the Town Board and approved by the Planning Board.
A motion was made by Councilman Flowers and seconded by
Councilman Wohlhueter to extend the 1993 Temporary Mobile Home Park
License for Boston Hills Estates owned by John & Katherlne Falkides
until August 18, 1993, at which time the Code Enforceraent will be
directed to reinspect the premises to see if the road in fact has
been closed. If the road has not been closed the Town Board will
take whatever appropriate action necessary for you to be operating
without a license.
five (5) Ayes Carried
Letter received from owners of the Boston Hills Estates, dated July
2, 1993, in response to a letter written by Town Attorney Perley on
June 23, 1993, regarding Deanna Drive "spur", on file in the Town
Clerks office.
Town Attorney Perley commented when we inspected the park for the
first time Mr. Falkides indicated that he was going to put a fence
up along the spur area at Deanna Drive. He also maintained to Town
Attorney Perley that the title to the land was clear, ahd that his
documents clearly showed that he had title. Town Attorney Perley
responded that he would ask Mr. Falkides to consider that there are
more ways than by deed that a town acquires a road. The next
thing, there was a section of fencing iip along the spur right-ofway.
After investigating the files and a copy of the.subdivisiop!
map. After talking with the Highway Superintendent was informed by
hira that he has paVed that road, plowed that road and repaved that
road for a period of twenty (20) years. A letter was v/ritten to
Mr. Falkides to put him on notice that any attempt to exercise
property rights over that property would be . considered an
interference with the Town Highway. After talking with Supervisor
Kennedy, Highway Superintendent Ruchalski and some of the residents
that the town has a vested interest in maintaining its public roads
system for the benefit of its residence. There may be some
description errors in Mr. Falkides deed by which he took title. It
is the Town Attorneys opinion after reviewing the deed, the
subdivision map cover and the related documents that he has in his
possession that the town acquired title. Even if they didn't the
town has exercised sufficient jurisdiction over that road for the
past twenty (20) years to have acquired it as a town highway in any
event. Since receiving Mr. Falkides letter I have forwarded the
docuraents that I relied on to the Title Insurance Company. I am
confident that the towns position will be upheld.
Ronald Yormick, 6405 Deanna Drive: Are we allowed to use this spur
should I forbid my children to go on this land, what is going on?
Supervisor Kennedy: It is the opinion of the Town Attorney that
the Town owns that roadway. If in fact, it is blocked-off or you
are denied entry into that, then we will have to take what ever
appropriate legal action is necessary.
Kay Falkides: As far as I'm concerned our deed and paperwork that
concerns this land does indicate that we have title. This will
have to be resolved in a legal manner. In the meantime
Lorinda Koczur, 6390 Deanna Drive: Our driveway is basically on
this spur of Deanna Drive. Upon purchasing our home in May of 1992
we received countless letters from the Town of Bostbn. From Mr.
Clarence Kreitzbender dated 1978 and from Mr. Charles Maxwell who
was the Town Attorney, indicating that this was indeed a Town
Highway, was maintained and will continue to be maintained by the
Town of Boston.
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