ABANDONMENT: Dunn Road ABSTRACTS: GENERAL FUND ...

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REGULAR BOARD MEETING
SEPTEMBER 15, 1993
1)
Boston Cross Road
TOWN HALL
7:30 P.M.
There is a major concern' regarding the existing town owned
waterline. This reconstruction project for Boston Cross Road carinot
be let until this section of conflicting waterline is relocated or
agreeraent and arrangements are made for payment to the County for
inclusion of this work into our contract.
Supervisor Kennedy coraraented th^t this project has been in the
works for three years and the first he heard of this was from Mr.
Conboy a week ago, when he was advised that 2700 feet of waterline
would have to be relocated.
Supervisor Kennedy referred this matter to the Town Engineers so
that they can possibly see if there is a way that the drainage can
be modified where it doesn't require the town to, in fact, relocate
this 2700 feet of watorline.
2) Abandonment or Oualified Abandonment of Dunn Road
None of the affidavits interposed by petitioner or in support of
petitioner, rtor the testimony heard at the public hearing, state
whether a general right of passage in motor vehicles exists or
existed over the subject way. After.observing the subject road and
conversing with the Town of Boston Attorney, and reviewing all the
affidavits, there appears to be no general right of passage in
motor vehicles over the subject way and it does not appear
traversable. As stated above,'it would appear that since these
paths do not constitute a public highway, then there is no
abandonment that can legally take place.
Town Attorney Perley stated thdt Deputy Commissioner Gugino's
opinion now supports the towns position in current litigation and
V7ith the original certificate that this never was a public highway,
never worked nor used as a public highway" and is consistent with
the position taken by the town. This decision states that just
after the culvert, where the horse farm is, and where the road
appears to end, and there is an overgrowth of trees is in fact, the
end of the road. This measures approximately one raile from the
edge of the right-of-way of the Boston Colden Road.
Town Attorney Perley will send a copy of this letter to the Court
where we currently have a Supreme Court case pending.
3) Chestnut Ridge Rd. from Ward Rd to Boston State Rd and Eleven
Areas within the Town of Boston
Acknowledging requests for speed limit reduction in miscellaneous
subdivisions throughout the Town of Boston and a section of
Chestnut Ridge Rd. from Ward Rd. has been forwarded on to the
NYSDOT.
Councilman Wittmeyer commented that this a request that went to
County early this Spring and thanks to Town Attorney Perley we have
finally gotten it finalized. It will be at least six months before
we get anything back from the State on this.
Supervisor Kennedy commended Councilman Wittmeyer for the work he
has done on this project. Hopefully this will be done as
expeditiously as possible so that signs can be posted and speeds
reduced.
Letter received from John R. Finsteir, Erie COunty of Public Health,
Re: Approval of Completed Works on George Drive on file in the
Clerk's office.
Letter received frora Alan J. Laurita, Envirogas, Inc., Re:
Notification of intent to drill wells on N. Witkowski #1 and D.
Rachwal #1 on file in the Clerk's office.
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